Department of SCHOOL OF LAW NCR

Syllabus for
Bachelor of Arts-Bachelor of Law (Honours)
Academic Year  (2023)

 
1 Semester - 2023 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW111 POLITICAL THEORY - I Core Courses 4 4 100
LAW112 DEMOCRACY AND ETHICS Core Courses 4 4 100
LAW133 ECONOMICS FOR LAW I Core Courses 4 4 100
LAW144A ENGLISH Core Courses 4 4 100
LAW145 LAW, LITERATURE AND JUDICIAL PROCESS Core Courses 5 4 100
LAW156 LAW OF TORT AND CONSUMER PROTECTION Core Courses 15 4 100
2 Semester - 2023 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW211 POLITICAL THEORY II - 4 4 100
LAW212 POLITICAL INSTITUTIONS AND PROCESSES - 4 4 100
LAW233 ECONOMICS FOR LAW II - 4 4 100
LAW244B LEGAL LANGUAGE AND LEGAL WRITING - 5 4 100
LAW255 LAW OF CONTRACT I - 5 4 100
LAW266 DEVELOPMENT AND PUBLIC POLICY - 5 4 100
3 Semester - 2022 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW311N INTRODUCTION TO INTERNATIONAL RELATIONS Core Courses 4 4 100
LAW312N NATIONAL SECURITY Core Courses 4 4 100
LAW333N LAW AND ECONOMICS Core Courses 4 4 100
LAW354N CONSTITUTIONAL LAW I Core Courses 5 4 100
LAW355N LAW OF CONTRACT I Core Courses 5 4 100
LAW366N PHILOSOPHY OF LAW Core Courses 5 4 100
4 Semester - 2022 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW452N JURISPRUDENCE - 5 4 100
LAW453N PUBLIC INTERNATIONAL LAW - 5 4 100
LAW454N CONSTITUTIONAL LAW II - 5 4 100
LAW455N LAW OF CONTRACT II - 5 4 100
LAW461N PRINCIPLES OF CRIMINAL LAW - 5 4 100
LAW476N MOOT COURT - 5 4 100
5 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW552N CONSTITUTIONAL LAW I Core Courses 5 4 100
LAW553N COMPANY LAW I Core Courses 5 4 100
LAW554N LABOUR AND INDUSTRIAL LAW I Core Courses 5 4 100
LAW555N ENVIRONMENTAL LAW Core Courses 5 4 100
LAW561N PRINCIPLES OF CRIMINAL LAW Core Courses 5 4 100
LAW576N RESEARCH METHODOLOGY Discipline Specific Elective Courses 5 4 100
6 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW651N CRIMINAL LAW I - 5 4 100
LAW652N CONSTITUTIONAL LAW II - 5 4 100
LAW653N COMPANY LAW II - 5 4 100
LAW654N LABOUR AND INDUSTRIAL LAW II - 5 4 100
LAW665N INTELLECTUAL PROPERTY LAW - 5 4 100
LAW686AN LAW OF CORPORATE INSOLVENCY - 5 4 100
LAW686EN SECURITIES LAWS - 5 4 100
7 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW751N ADMINISTRATIVE LAW Core Courses 5 4 100
LAW752N PUBLIC INTERNATIONAL LAW Core Courses 5 4 100
LAW763N LAW OF INSURANCE Core Courses 5 4 100
LAW764N LAW OF BANKING Core Courses 5 4 100
LAW785CN LAW OF MERGERS AND ACQUISITIONS Discipline Specific Elective Courses 5 4 100
LAW785EN REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS Discipline Specific Elective Courses 5 4 100
LAW786BN CYBER LAW Discipline Specific Elective Courses 5 4 100
LAW786CN LAND LAWS Discipline Specific Elective Courses 5 4 100
8 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW853N CRIMINAL LAW II - 5 4 100
LAW854N CIVIL PROCEDURE CODE AND LIMITATION ACT - 5 4 100
LAW861N LAW OF E-COMMERCE - 5 4 100
LAW862N INTERPRETATION OF STATUTES - 5 4 100
LAW885CN LAW OF INJUNCTIONS - 5 4 100
LAW885DN INTERNATIONAL INVESTMENT LAWS - 5 4 100
LAW886BN FORENSIC SCIENCE AND LAW - 5 4 100
LAW886CN LAW OF COPYRIGHT - 5 4 100
9 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW951N LAW OF TAXATION Core Courses 5 4 100
LAW952N LAW OF EVIDENCE Core Courses 5 4 100
LAW963N COMPETITION LAW Core Courses 5 4 100
LAW984BN SPORTS LAW Discipline Specific Elective Courses 5 4 100
LAW984DN ANTITRUST AND PATENT LAW Discipline Specific Elective Courses 5 4 100
LAW985AN NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS Discipline Specific Elective Courses 5 4 100
LAW985FN AVIATION LAW Discipline Specific Elective Courses 5 4 100
LAW986BN INTERNATIONAL COMMERCIAL ARBITRATION Discipline Specific Elective Courses 5 4 100
LAW986FN SPACE LAW Discipline Specific Elective Courses 5 4 100
10 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW1071N MOOT COURT AND INTERNSHIP - 5 4 100
LAW1072N DISSERTATION - 5 4 100
LAW1073N PARA LEGAL SERVICES AND LEGAL AID - 5 4 100
LAW1074N DRAFTING PLEADING AND CONVEYANCE - 5 4 100
LAW1075N PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM - 5 4 100
LAW1076N ALTERNATE DISPUTE RESOLUTION - 5 4 100

LAW111 - POLITICAL THEORY - I (2023 Batch)

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

Course Objectives/Course Description

 

This course aims at introducing the philosophical ideas underlying constitution and other branches of law. Knowledge of these ideas will enable the students to understand the legal principles in a better way.

 

Unit 1 will deal with the contributions of Greek thinkers and the evolution of concepts like democracy and justice. 

Unit 2 will deal will the impact of Medieval thinkers and their contributions to political thought.

Unit 3 will deal with the renaissance and modern political thinkers social contract theories that attempt to explain the origin of the state. 

Unit 4 will deal with the prominent thinkers of liberal and conservative thought.

Unit 5 will deal with the writings of Hegel, Karl Marx and the revisionist thinkers.

Unit 6 Will deal with contemporary political thought in India. 

Learning Outcome

CO-1: Comprehend key ideas of all major political thinkers, both western and Indian.

CO-2 : Establish the connection between law and philosophy and articulate their ideas clearly and concisely with a marked

CO-3: Develop analysis of policies.

Unit-1
Teaching Hours:10
THE GREEK THINKERS
 

Sophists

Socrates – Paradoxes; Idea of Athenian Democracy; Political Philosophy. 

Plato- The idea of the Republic; Private property; justice; censorship; freedom and autonomy; theory of forms

Aristotle – Views on human nature; constitutions; ethics; theory of justice; natural law; four causes.

Unit-2
Teaching Hours:10
MEDIEVAL THINKERS
 

Cicero – The rhetorical foundations of society, Statesmanship, Republican rule,

St. Augustine- Free Will and Just War,

Thomas Aquinas: Commentaries on Aristotle, political order and Just war

Unit-3
Teaching Hours:10
MODERN THINKERS
 

Introduction to Renaissance, Machiavelli’s contributions in The Prince, idea of politics, Realism.

Thomas Hobbes – Contractarianism, Agency and Authorization, The non-resistance Compact between subjects

John Locke – The idea of Social Contract, equality and natural law, property, limited government, toleration and rule of law

Jean Rousseau – The state of nature, natural law and natural rights, the general will, the problem of freedom.

Unit-4
Teaching Hours:10
J.S.MILL AND JEREMY BENTHAM
 

J.S. Mill: Liberty, freedom of speech, women’s rights and economic democracy

Jeremy Bentham: Utilitarianism

Unit-5
Teaching Hours:10
HEGEL, KARL MARX AND REVISIONIST THINKERS
 

G.W. F. Hegel: Hegel’s dialectic, atheism and liberal democracy

Karl Marx – The Hegelian influence, alienation, critique of the Modern State, ideology, forces and relations of production, influence of Marx today.

Unit-6
Teaching Hours:10
CONTEMPORARY INDIAN POLITICAL THOUGHT
 

Manu

Kautilya

Mahatma Gandhi and

B. R. Ambedkar

Text Books And Reference Books:

•Chakrabarty, Bidyut and Rajendra Kumar Pandey. Modern Indian Political Thought: Text and Context. New Delhi: Sage, 2009

•Miller, David. Political Philosophy: A Short Introduction. London: Oxford University Press, 2003.

•Roberts, Peri and Peter Sutch. An Introduction to Political Thought. Edinburgh: Edinburgh University Press, 2012.

•Russell, Bertrand. History of Western Philosophy. 

•Pantham, Thomas, and Deutsch, Kenneth (eds.) Political Thought in Modern India, Safe Publications, New Delhi, 1986

 

Essential Reading / Recommended Reading

•Arendt, Hannah. The Human Condition. Chicago: University of Chicago Press, 1958. Print.

•Berlin, Isaiah, and Isaiah Four essays on liberty Berlin. Liberty: Incorporating Four Essays on Liberty. Oxford: Oxford University Press, 2002.

•Machiavelli, Niccolo, and M. Lerner. The Prince and the Discourses. New York: Modern Library, 1950.

•Mill, John Stuart. Considerations on Representative Government. Peoples edition. ed. [S.l.]: Longmans, 1894.

•Mill, John Stuart, and Colin Heydt. Utilitarianism. New ed. / edited by Colin Heydt. ed. Peterborough, Ont.: Broadview; London: Eurospan [distributor], 2011.

•Nozick, Robert. Anarchy, State, and Utopia. Oxford: Blackwell, 1974. Print.

•Rawls, John. Political Liberalism. Expanded ed. New York; Chichester: Columbia University Press, 2005.

•Rawls, John.. A Theory of Justice. Rev. ed. ed. Cambridge, Mass. ; London: Belknap, 1999. 

•Rousseau, Jean-Jacques, and G. D. H. Cole. On the Social Contract. Dover Thrift ed. Mineola, N.Y.: Dover ; [Newton Abbot : David & Charles, distributor], 2003.

•Smith, Adam. The Wealth of Nations. [London]: Everyman's Library, 1991. Print.

•Smith, Adam, and Ryan Patrick Hanley. The Theory of Moral Sentiments. 250th anniversary ed. New York, N.Y.: Penguin Books, 2009.

•Weber, Max, and Stephen Kalberg. The Protestant Ethic and the Spirit of Capitalism. New York: Oxford University Press, 2011.

 

Evaluation Pattern

·         CIA I –                                                                        – 10%

·         CIA II – Mid Semester Examination                          – 25%

·         CIA III –                                                                     – 10%

·         Attendance                                                                  – 05%

·         End Semester Examination                                        – 50%

                                                                                    TOTAL 100%

LAW112 - DEMOCRACY AND ETHICS (2023 Batch)

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

Course Objectives/Course Description

 

The course on "Democracy and Ethics" is to introduce and discuss the moral foundations of democracy in principle, and democratic institutions, in particular. The students are initiated to various types of moral discourses in political philosophy. Further, this course looks at the development of democracy, in the global as well as the national realm.  Democracy as an ideal gets fructified in the form of a government, which in turn is based on the principles of justice, freedom, equality and fraternity. Ethics acts as the premise on which a successful democracy rests. 

Learning Outcome

CO1: To introduce and provide the students with a blueprint for understanding the nuances of Democracy and Ethics.

CO2: To ensure that students apply the right moral reasoning both in their personal and public life

CO3: To create an awareness about the importance of ethics in functioning and effective democracies.

Unit-1
Teaching Hours:15
DEMOCRACY AND ETHICS: AN INTRODUCTION
 

1.Democracy: Conceptual development of Democracy, Principles of Democracy: Freedom, Equality and Fraternity

2. Ethics: Concept of Values, Morals and Ethics

3.Democracy vis-a-vis Ethics: Government by Consent; Constitutional Government and Rule of Law; Democracy and Human Rights

 

Unit-2
Teaching Hours:15
PERSPECTIVES ON ETHICS
 

1.Western Thought: Duty Ethic, Utilitarianism

2.Indian Thought: Hindu Tradition: Dharma and Karma, Purusharthas; Buddhist Tradition: Four Noble Truths and Eight-fold Path; Indian syncretic traditions-Ashoka, Kabir and Akbar

Unit-3
Teaching Hours:15
INDIAN DEMOCRACY - THEORY AND PRACTICE
 

1.Historical Account: History of Indian democracy, Debates around democracy and Freedom Struggle

2.Institutionalization of Democracy: The Indian Constitution: Preamble and other constitutional values, Citizenship, Fundamental Rights and Fundamental Duties of Indian Citizens

3.Philosophical Thought: Gandhian Philosophy: Swaraj and Ramrajya, Principles of Ahimsa and Satyagraha, Sarvodaya: Well-being of All, Anthyodaya: Gandhian Talisman in Governance; Heterodox thinkers: Ambedkar, Phule, Lohia, Periyar, Narayana Guru

 

Unit-4
Teaching Hours:15
CHALLENGES TO INDIAN DEMOCRACY
 

1.Institutional Aspects: Free and fair elections; Ethical Code of Conduct for Politicians, Character record of members of the legislature; Ethical use of majority in parliament, Avoidance of ‘floor crossing’ and defection; Alliance of political parties to form brittle governments; Independence of judiciary and media; Safeguarding national history and avoid distortion, Political neutrality in educational institutions; Judicious allocation of central funds to states; Freedom of Press

2.Citizen Centric aspects: Free speech and Expression; Right to dissent; Preventive detention and Sedition

 

Text Books And Reference Books:

1. Aristotle, Nichomachean Ethics, trans. J. A. K. Thomson, Baltimore, Maryland: Penguin Books, 1955.

2. Christiano, Thomas, ed., Philosophy and Democracy, Oxford: Oxford University Press, 2002.

3. Cortella, Lucio, The Ethics of Democracy: A Contemporary Reading of Hegel's Philosophy of Right, Giacomo Donis (tr.), New York: SUNY Press, 2015.

4. Dewey, John, “Philosophy and Democracy” [1919] and “The Ethics of Democracy” [1888] in The Political Writings, ed. D. Morris, I. Shapiro, Indianapolis: Hackett, 1993.

5. Finnis, John. Fundamentals of Ethics. Oxford: Clarendon Press, 1983.

6. Gandhi, M. K. An Autobiography or The Story of My Experiments with Truth. Ahmedabad: Navajivan Mudranalaya, 1927.

7. Granville, Austin, The Indian Constitution: Cornerstone of a Nation. New Delhi: Oxford University Press, 2000.

8. Jain, Subhash, The Constitution of India: Select Issues and Perceptions. New Delhi: Taxmann, 2000.

Locke, John, Second Treatise on Civil Government, (1690), ed. C. B. MacPherson, Indianapolis, IN: Hackett, 1980.

10. Kant, Immanuel. Foundations of the Metaphysics of Morals. trans. Lewis White Beck, Indianapolis: Bobbs-Merril, 1959.

11. Kant, Immanuel, Critique of Practical Reason, trans. Lewis White Beck, Indianapolis: Bobbs-Merril, 1956.

12. Machiavelli, The Prince [1513], ed. Q. Skinner, Cambridge, Cambridge University Press, 1988.

13. Plato, The Republic, revised/trans. by Desmond Lee, Harmondsworth, UK: Penguin Books, 1974.

14. Rawls, John, Political Liberalism, New York: Columbia University Press, 1996.

15. Sandel, Michael (ed.), Justice—A Reader, Oxford University Press, 2007.

16. Singer, Peter, Democracy and Disobedience, Oxford: Oxford University Press, 1973.

17. Walzer, Michael, “Philosophy and Democracy”, Political Theory, Vol.9, No.3, 1981, 379-399.

Essential Reading / Recommended Reading

A.K, Ananthanathan. Theory and Functions of the State: The Concept of aṟam (virtue) in Tirukkural in East and West, Vol. 44, No. 2/4 (December 1994), pp. 315-326.

Ambedkar, BR. Annihilation of Caste. (1936)

Angiras. Aditya. ‘Caricature of Ethics in the Poetry of Kabir’ in Linguistics and Literature Studies 7(2): 64-70, 2019 http://www.hrpub.org DOI: 10.13189/lls.2019.070204.

Bandyopadhyay, Sekhar. Nationalist Movement in India: A Reader. 2009 New Delhi: Oxford University Press. 

Bilimoria, Purushottama. Indian Ethics: Classical Traditions and Contemporary Challenges. 2007. Ashgate England. 

Blackledge, Paul. Marxism and Ethics: Freedom, Desire and Revolution. 2012. SUNY Press.

Dewey, John, “Philosophy and Democracy” (1919) in The Political Writings, (1993) ed. D. Morris, I. Shapiro, Indianapolis: Hackett.

Finnis, John. (1983) ‘Introduction’ in Fundamentals of Ethics. Oxford: Clarendon Press, pp. 1-23.

Gavaskar, Mahesh. ‘Phule’s Gulamgiri: Turning Puranic memory on its head’.  The Indian Economic and Social History Review. Volume 60, Issue 2, 2023. 

Guru, Gopal. ‘Ethics in Ambedkar's Critique of Gandhi’ in Economic and Political Weekly, Vol. 52, No. 15 (April 15, 2017). pp. 95-100. 

Harry J. Gensler, Earl W. Spurgin, and James C. Swindal. Ethics: Contemporary Readings. Ed. 2004. NY: Routledge. 

Jayal, Niraja Gopal and Pratap Bhanu Mehta (eds). The Oxford Companion to Politics in India. New Delhi: OUP. 2010. 

Keown, Damien. Buddhist Ethics: A Very Short Introduction. 2005. OUP.

Khan, Iqtidar Alam. ‘The Nobility under Akbar and the Development of His Religious Policy, 1560-80’. The Journal of the Royal Asiatic Society of Great Britain and Ireland, Apr. 1968, No. 1/2, pp. 29-36.

Kumar, Arun; Bapuji Hari; Raza, Mir. ‘Educate, Agitate, Organize”: Inequality and Ethics in the Writings of Dr. Bhimrao Ramji Ambedkar’ in Journal of Business Ethics: Vol. 178, Issue. 1, (Jun 2022): 1-14.

Kumar, Ramesh. ‘Lohia’s Chaukhamba Raj & Good Governance: Relevance In Present-Day India’.

Kumar, Vivek. Caste and Democracy in India: A Perspective from Below. 2014. Delhi: Gyan Publishing House.

Laine, James, W. ‘Alexander and Ashoka: Cosmopolitan Empires and Religious Policy from Egypt to India, 330–230 B.C.’ In Meta-Religion: Religion and Power in World History, 2014, pp. 15-30.

Laine, James, W. ‘The Debate over Dharma: Hindus and Buddhists Compete for Ideological Dominance in South Asia’ In Meta-Religion: Religion and Power in World History, 2014, pp. 59-78

Lechner, Silviya.  “Kantian Ethics”. Kantian Review; Cambridge Vol. 16, Iss. 1, (Mar 2011): 141-150.

M V Nadkarni. Ethics for Our Times: Essays in Gandhian Perspective. OUP. 2014. 

M. S. S. Pandian. ‘Nation Impossible’. Economic and Political Weekly, Vol. 44, No. 10 (Mar. 7 - 13, 2009), pp. 65-69.

Manager Pandey, Alka Tyagi. ‘Bhakti Poetry: Its Relevance and Significance’. Indian Literature, Vol. 45, No. 6 (206) (November-December, 2001), pp. 129-138

Manoharan, Karthick Ram. ‘Freedom from God: Periyar and Religion’. Religions. Vol. 11, Iss. 1, (2020)

MK Gandhi. Hind Swaraj. (1909).

Muzaffar, Ali. ’Indian Philosophy and Ethics: Dialogical Method as a Fresh Possibility’. Sophia 57 (3):443-455 (2018)

R.P. Singh, Kabir: ‘The Articulator Par Excellence of Indigenous Indian Modernity’. Social Scientist, Vol. 47, No. 5/6 (May–June 2019), pp. 71-78.

Ranganathan, Shyam. (ed) ‘Ethics and Politics’ in The Bloomsbury Research Handbook of Indian Ethics. 2016. 

Schweiker, William. The Blackwell Companion to Religious Ethics. John Wiley & Sons, Incorporated. 2005.

Srinivasan, J. (2008) ‘Democracy’, in Bhargava, R. and Acharya, A. (eds.) Political Theory: An Introduction. New Delhi: Pearson Longman, pp. 106-128.

V. Geetha. ‘Periyar, Women and an Ethic of Citizenship’ in Economic and Political Weekly, Vol. 33, No. 17 (Apr. 25 - May 1, 1998), pp. WS9-WS15. 

West, Henry R. (2004) Introduction to Mill's Utilitarian Ethics. Cambridge: Cambridge University Press.

Yadav, Yogendra. What Is Living and What Is Dead in Rammanohar Lohia? Economic and Political Weekly, Vol. 45, No. 40 (OCTOBER 2-8, 2010), pp. 92-107.

 

Evaluation Pattern

Components

CIA I

CIA II

CIA III

ESE

Marks/Percentage

20

50

20

100

LAW133 - ECONOMICS FOR LAW I (2023 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 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

Unit-1
Teaching Hours:10
INTRODUCTION TO ECONOMICS
 

A.Fundamental principles of economics used in the legal analysis: choices, opportunity costs, rationality, and law, marginality, efficiency, and productivity, a trade-off.

B.Pareto and Hicks-Kaldor efficiency

Definitions of economics

Positive and normative analysis, microeconomics, and macroeconomics

C.Economic models and their purposes. 

D.The Production Possibilities Curve, the equity-efficiency debate

E.Interdependence and gains from trade: international trade theories like absolute and comparative advantage. 

Unit-2
Teaching Hours:10
THEORY OF DEMAND AND SUPPLY
 
  1. Markets: Definition
  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. Equilibrium: Putting demand and supply together
  5. Elasticities of Demand and Supply
  6. Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.
Unit-3
Teaching Hours:10
THEORY OF PRODUCTION, COSTS 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, Short-run and Long-run cost functions,
  3. Revenue analysis: total revenue, marginal revenue, average revenue in different market settings
Unit-4
Teaching Hours:10
THEORY OF MARKETS
 
  1. Firms in a competitive market: price and output determination.
  2. Monopoly: price and output determination.
  3. Monopolistic competition: price and output determination.
  4. Discriminating monopoly: price and output determination
  5. Oligopoly: Sweezy’s kinked-demand model
  6. Duopoly: Cournot and Bertrand models
Unit-5
Teaching Hours:10
WELFARE ECONOMICS
 

    

  1. Welfare economics: Meaning and its implications to law
  2. Social welfare functions
  3. Role of value judgments in welfare economics
  4. Economic efficiency and the success of competitive markets
  5. Consumers' and producer’s surplus
  6. Social efficiency and market equilibrium
  7. Market Failure and policy inferences from welfare analysis
Unit-6
Teaching Hours:10
FUNDAMENTALS OF MACROECONOMICS AND DEBATES ON MACROECONOMIC POLICIES
 
  1. National Income: basic concepts, real GDP, nominal GDP, per capita GDP.
  2. Aggregate demand, aggregate supply, and the reasons for economic fluctuations
  3. Monetary policy and fiscal policy – pros and cons
  4. Monetary policy influence on aggregate demand: the theory of liquidity preference
  5. Fiscal policy influence on aggregate demand: the multiplier effect and crowding-out effect
  6. Debates over macroeconomic policies
Text Books And Reference Books:
  1. Mankiw, G–Principles of Economics-2ndEdition (2004)- South West Publishers.
  2. Samuelson and Nordhaus - Economics –18th Edition (2004)- McGraw Hill. Inc.
  3. Parkin, Michael - Macroeconomics, 7th Edition (2004)- Prentice Hall.
  4. Miller, R.L. – Economics Today -14th Edition (2005) – Addison Wesley.
  5. William Boyes and Michael Melvin- Textbook of economics – 6th edition (2009)-biztantra (Indian edition)
  6. Goodwin. N, Harris. J, Nelson. J, Roach. B and Torras. M- Microeconomics in context, third edition (2017)
Essential Reading / Recommended Reading
  1. Mankiw, G–Principles of Economics-2ndEdition (2004)- South West Publishers.
  2. Samuelson and Nordhaus - Economics –18th Edition (2004)- McGraw Hill. Inc.
  3. Parkin, Michael - Macroeconomics, 7th Edition (2004)- Prentice Hall.
Evaluation Pattern

 CIA I – Class Test – 10%

 CIA II – Mid Semester Examination – 25%

 CIA III – Research-based valuation – 10%

 Attendance – 05%

 End Semester Examination – 50%

LAW144A - ENGLISH (2023 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: Communicate effectively and do power point presentations effectively.

CO2: Listen, Speak, Read, Write (LSRW skills) effectively

CO3: Apply analytical and critical thinking skills while reading long passages.

CO4: Apply the rules of punctuation correctly, while writing.

CO5: Construct meaningful paragraphs adhering to the rules of grammar.

CO6: Draft letters, write essays and Research papers (at a very basic level), adhering to the rules of academic writing.

CO7: Contribute creative thoughts and ideas on issues evolving through readings in class.

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-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-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-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

 

LAW145 - LAW, LITERATURE AND JUDICIAL PROCESS (2023 Batch)

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

Course Objectives/Course Description

 

A lawyer is most often faced with the primary task of problem solving and advising on the course of action most suited to the interests of the client. The problem may be complex in nature and may involve different branches of law. It will require sieving the material facts from the immaterial ones. Learning where and how to find the law is as important as the substantive study of various laws. The understanding of facts is critical to the process of identifying favourable precedents and distinguishing the case at hand from other authoritative rulings, which are not in direct support of one’s proposition. The strength of a legal argument lies in the thoroughness of the research, which must also be clearly presented, in writing and orally.

 

The objective of the Course is to 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: Identify, describe, and analyze the concept taught in the respective module.

CO2: List out the important issues from legal system.

CO3: Demonstrate skills of academic based legal writing and legal reasoning.

CO4: Analyse the judgement to understand the principle as laid down by the case.

CO5: Evaluate as against other events of a similar nature and articulate the problem areas.

CO6: Describe the fundamental legal concepts in a 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-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
LEGAL MATERIALS AND TOOLS OF RESEARCH
 

 

Classification of Legal materials – Case law, Case Briefing; Statutes, Reports, Journals, Manuals, Digests etc.; Use of Law Library; New Dimensions in Legal Research- Use of Online Databases and e-resources; Importance of legal research in legal reasoning

 

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-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 (2023 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:15
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-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-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-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%

LAW211 - POLITICAL THEORY II (2023 Batch)

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

Course Objectives/Course Description

 

 This course aims at introducing the philosophical ideas underlying constitution and other branches of law. Knowledge of these ideas will enable the students to understand the legal principles in a better way.

 

Unit 1 will deal with the contributions of Greek thinkers and the evolution of concepts like democracy and justice.

Unit 2 will deal will the impact of Medieval thinkers and their contributions to political thought.

Unit 3 will deal with the renaissance and modern political thinkers social contract theories that attempt to explain the origin of the state.

Unit 4 will deal with the prominent thinkers of liberal and conservative thought.

Unit 5 will deal with the writings of Hegel, Karl Marx and the revisionist thinkers.

Unit 6 will deal with contemporary political thought in India. 

Learning Outcome

CO1: Acquire a broad knowledge of how the political thinkers influence the theoretical traditions and how that influence is retained in theoretical discourse.

CO2: Develop skills of applying the knowledge of CO 1 to elucidate the pressing issues of the contemporary time.

CO3: Cultivate academic attitude to appreciate the process of interaction between a theoretical tradition and its empirical grounding.

Unit-1
Teaching Hours:10
CLASSICAL THINKERS: THE GREEK THINKERS
 

Socrates – Paradoxes, Idea of Athenian Democracy, Political Philosophy. 

Plato- The idea of the Republic, Private property, justice, censorship, freedom and autonomy.

Aristotle – Views on human nature, constitutions, ethics, theory of justice, natural law.

Unit-2
Teaching Hours:10
MEDIEVAL THINKERS: CICERO, ST AUGUSTINE AND THOMAS AQUINAS
 

Cicero – The rhetorical foundations of society, Statesmanship, Republican rule,

St. Augustine- Free Will and Just War,

Thomas Aquinas: Commentaries on Aristotle, political order and Just war

Unit-3
Teaching Hours:10
MODERN THINKERS: RENAISSANCE PERIOD AND SOCIAL CONTRACT THEORIES
 

Introduction to Renaissance, Machiavelli’s contributions in The Prince, idea of politics, Realism.

Thomas Hobbes – Contractarianism, Agency and Authorization, The non-resistance Compact between subjects

John Locke – The idea of Social Contract, equality and natural law, property, limited government, toleration and rule of law

Jean Jaqueus Rousseau – The state of nature, natural law and natural rights, the general will, the problem of freedom.

Unit-4
Teaching Hours:10
EDMUND BURKE, J.S.MILL AND JEREMY BENTHAM
 

J.S. Mill: Liberty, freedom of speech, women’s rights and economic democracy

Jeremy Bentham: Utilitarianism

Unit-5
Teaching Hours:10
HEGEL, KARL MARX AND REVISIONIST THINKERS
 

G.W. F. Hegel: Hegel’s dialectic, atheism and liberal democracy

Karl Marx – The Hegelian influence, alienation, critique of the Modern State, ideology, forces and relations of production, influence of Marx today.

Unit-6
Teaching Hours:10
CONTEMPORARY INDIAN POLITICAL THOUGHT
 

 Hindu political thought, Aurobindo, Jawaharlal Nehru, Mahatma Gandhi and B. R. Ambedkar

 

 

Text Books And Reference Books:

 

Chakrabarty, Bidyut and Rajendra Kumar Pandey. Modern Indian Political Thought: Text and Context. New Delhi: Sage, 2009

 Miller, David. Political Philosophy: A Short Introduction. London: Oxford University Press, 2003.

 Roberts, Peri and Peter Sutch. An Introduction to Political Thought. Edinburgh: Edinburgh University Press, 2012.

 Russell, Bertrand. History of Western Philosophy.

 Pantham, Thomas, and Deutsch, Kenneth (eds.) Political Thought in Modern India, Safe Publications, New Delhi, 1986

 

Essential Reading / Recommended Reading

1.      1. Arendt, Hannah. The Human Condition. Chicago: University of Chicago Press, 1958. Print.

2.      Berlin, Isaiah, and Isaiah Four essays on liberty Berlin. Liberty: Incorporating Four Essays on Liberty. Oxford: Oxford University Press, 2002.

3.      Machiavelli, Niccolo, and M. Lerner. The Prince and the Discourses. New York: Modern Library, 1950.

4.      Mill, John Stuart. Considerations on Representative Government. Peoples edition. ed. [S.l.]: Longmans, 1894.

5.      Mill, John Stuart, and Colin Heydt. Utilitarianism. New ed. / edited by Colin Heydt. ed. Peterborough, Ont.: Broadview; London: Eurospan [distributor], 2011.

6.      Nozick, Robert. Anarchy, State, and Utopia. Oxford: Blackwell, 1974. Print.

7.      Pantham, Thomas, and Deutsch, Kenneth (eds.) Political Thought in Modern India, Safe Publications, New Delhi, 1986

8.      Rawls, John. Political Liberalism. Expanded ed. New York; Chichester: Columbia University Press, 2005.

9.      Rawls, John..A Theory of Justice. Rev. ed. ed. Cambridge, Mass. ; London: Belknap, 1999.

10.  Rousseau, Jean-Jacques, and G. D. H. Cole. On the Social Contract. Dover Thrift ed. Mineola, N.Y.: Dover ; [Newton Abbot : David & Charles, distributor], 2003.

11.  Smith, Adam. The Wealth of Nations. [London]: Everyman's Library, 1991. Print.

12.  Smith, Adam, and Ryan Patrick Hanley. The Theory of Moral Sentiments. 250th anniversary ed. New York, N.Y.: Penguin Books, 2009.

Weber, Max, and Stephen Kalberg. The Protestant Ethic and the Spirit of Capitalism. New York: Oxford University Press, 2011.

Evaluation Pattern

CIA-I: 10%

CIA-II: 25%

CIA-III: 10%

ENd SEM EXAMINATION: 50%

LAW212 - POLITICAL INSTITUTIONS AND PROCESSES (2023 Batch)

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

Course Objectives/Course Description

 

This course has been conceptualized in order to help the students understand various societal trajectories & complexities from a political vantage point. It traces the field of Politics from one party system to multi-party system and beyond. It also looks into the fine workings of Political institutions and how different societal nuances political processes aid and abet the existing political institutions.

Learning Outcome

CO1: ● Assess how the various political processes have strengthened the political Institutions

CO2: ● Analyze the different societal nuances that enrich the societal fabric of the country

CO3: ● Evaluate the various political dynamics that have retained the democratic strand.

Unit-1
Teaching Hours:10
Evolution of Indian Political Institutions
 

Legislature vis a vis Judiciary Debate  

Legislature vis-à-vis Executive      

 

Unit-2
Teaching Hours:10
Party System in India
 

From Umbrella Party to Multi Party Coalitions

Unit-3
Teaching Hours:10
Rise of Regional Aspirations
 
  • Seccessionism
  • Accommodation

 

Unit-4
Teaching Hours:10
Emergence of Identity Politics
 

Policies pertaining to Affirmative Action, Gender & Tribal Communities

Unit-5
Teaching Hours:10
Indian State, under Transformation
 

Developmental State Model

Unit-6
Teaching Hours:10
India as a Welfare State
 
  • Liberalization, Privatization & Globalization
  • Welfare Policies & Governance 
Text Books And Reference Books:

R. Kothari, (2002) ‘The Congress System’, in Z. Hasan (ed.) Parties and Party Politics in India,New Delhi: Oxford University Press, pp 39-55.

Y. Yadav and S. Palshikar, (2006) ‘Party System and Electoral Politics in the Indian States,
1952-2002: From Hegemony to Convergence’, in P.R. DeSouza and E. Sridharan (eds.) India’s
Political Parties, New Delhi: Sage Publications, pp. 73-115

M. John, (2011) ‘The Politics of Quotas and the Women’s Reservation Bill in India’, in M.
Tsujimura and J. Steele (eds.) Gender Equality in Asia, Japan: Tohoku University Press, pp. 169-
195.

Virginius Xaxa (eds), Social Exclusion and Adverse Inclusion. New Delhi: Oxford University
Press. pp. 23–35.

N.G Jayal,(2001) ‘The State and Democracy in India or What Happened to Welfare, Secularism,
and Development’ in N G Jayal (ed.), Democracy in India, New Delhi, Oxford University Press.
Pp.2001 (sixth impression 2012). Pp.193-224.

S. Palshikar, (2008) ‘The Indian State: Constitution and Beyond’, in R. Bhargava (ed.) Politics
and Ethics of the Indian Constitution, New Delhi: Oxford University Press, pp. 143-163.

 

 

Essential Reading / Recommended Reading

Rajni Kothari (1973), Caste in Indian Politics, Orient Longman, New Delhi

A. Nandy. (1999) ‘A Critique of Modernist Secularism’ in Sudipta Kaviraj (ed.), Politics in
40India, New Delhi: Oxford University Press, pp.329-341.


N. Chandhoke, (2010) ‘Secularism’, in P. Mehta and N. Jayal (eds.) The Oxford Companion to
Politics in India, New Delhi: Oxford University Press, pp. 333-346

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

Total

10%

25%

10%

50%

5%

100%

LAW233 - ECONOMICS FOR LAW II (2023 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-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-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   

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%

LAW244B - LEGAL LANGUAGE AND LEGAL WRITING (2023 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: Explain the relationship between language and the law

CO2: Identify the contours of legal writing and develop academic articles based on the practices of effective legal writing.

CO3: Explain and interpret the legal maxims and assess the use of them in the legal context

CO4: Define importantlegal terms and apply the legal terms in legal communication.

CO5: Determine whether a judicial statement is ratio decidendi/obiter dicta and critically analyse the facts and principles enunciated in the judgements as well as write a case comment

CO6: Demonstrate the vocabulary knowledge to draft basic legal documents(employability)

CO 7: Apply basic research skills to different types of academic legal writing (employability)

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
LEGAL COMPREHENSION
 

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,Law reports of Commission and Committees

 

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.      Falsus in uno falsus in omnibus (False in one particular in false in general).

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

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

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

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

14.  Qui facit per alium facit per se (He who does an act though another is deemed in Law to do it himself).

15.  Respondeat superior (Let the principal be held responsible).

16.  Res ipsa loquitur (The thing itself speaks).

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

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

19.  Volenti non fit injuria (Damage suffered by consent is not a cause of action).

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

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

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

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

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

 

25.  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. 

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

 Introduction to Legal Drafting, Notices, Pleadings, Contracts and Other Deeds

Unit-6
Teaching Hours:12
ACADEMIC LEGAL WRITING
 

Sources of Legal Material, Literature review, Writing an Abstract, Formulating Research Question, Methodology,Formal Writing  Style, Plagiarism, Citation Methods, Examination Strategies, 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%

LAW255 - LAW OF CONTRACT I (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 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 identify all the essential elements required for formation of a valid contract such as proposal, acceptance, lawful consideration and object, competent parties.

CO2: 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.

CO3: To compare void agreement, voidable agreement, illegal agreements and unlawful agreement and their consequences.

CO4: 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

CO5: To distinguish between various relations resembling contractual obligations and contractual relations

CO6: To evaluate practical problem-based situations and select the appropriate remedy for breach of contract

CO7: To critically analyse existing laws and judgments on contract

CO8: 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

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-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-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-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-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 (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 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
Unit I: 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-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-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%

 

LAW311N - INTRODUCTION TO INTERNATIONAL RELATIONS (2022 Batch)

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

Course Objectives/Course Description

 

This course has been conceptualized to introduce thestudentstothebasicideasof international relations.Itemphasizesonthe politicsbehindinternationaldiplomacy andhighlightsthegaping conflicts.

To introduce the students to:

The nature, scope and importance of international relations / Politics.

The Basic concepts of international Relations of national power, foreign policy and approaches to international peace.

Major issues in international relations.

Learning Outcome

CO1: Demonstrate an understanding of the various concepts in international relations and approaches to studying International Relations.

CO2: Analyze global issues by understanding the background of the issues.

CO3: Analyze the relations between nations and the formation of international organizations.

CO4: Demonstrate an understanding of the impact of international issues on domestic policies.

Unit-1
Teaching Hours:15
INTRODUCTION TO INTERNATIONAL RELATIONS
 

1.      The State system and its corollaries, National Power Instruments for the Promotion of national Interest:

2.      Theoretical Approaches to International Relations: Realism, Liberalism, Neo-realism and Neo-liberalism, Marxist theories.

Unit-2
Teaching Hours:10
INTER-STATE RELATIONS
 

1.      Diplomacy, Propaganda as instrument of National Policy, EconomicInstruments,ImperialismandColonialism,Warasaninstrumentof state policy

2.      The balance of Power, Collective Security, From the cold war tothewaronterror.

3.    Evolution of International Organization: TheUnited Nations.

Unit-3
Teaching Hours:10
INTERNATIONAL ISSUES
 

1.      TerrorismandGlobalization,

2.      Nationalism,CultureinWorldAffairs

3.      NuclearProliferation

4.       Humanitarian intervention in world politics

5.      Poverty, development and hunger

6.   HumanRights

Unit-4
Teaching Hours:10
UNDERSTANDING FOREIGN POLICY, INTORDUCTION TO INDIAN FOREIGN POLICY
 

1.      Origins and development of the concept, National Interest, Determinants of Foreign policy.

 2.      Foreign Policy of India: Structure of the Indian Government, Political system, the evolution of Indian Foreign Policy, NAM, Attitude towards Asian neighbours, Major conflicts – Indo-Chinesewar, Intervention in Sri Lanka, Contemporary trends and shifts in doctrine.

Unit-5
Teaching Hours:15
FOREIGN POLICES OF MAJOR POWERS
 

1.      Foreign Policy of the United States of America: Structure of U.S. Government, Political system, Historical context of the evolution of American Foreign Policy(till 1945), Interventionism, Post world War foreign policy, The Cold War, The Korean Crisis, Vietnam War, the Iranian Revolution, the war on terror.

2.      Foreign Policy of Russia: Structure of The Russian Government, Political system, the evolution of Soviet foreign policy, reign of terror, the role of Comintern, control over eastern Europe, controlling the federation in the light of ethno-nationalistic tensions.

 3.      Foreign Policy of China: Structure of the Chinese Government, Political system, the Chinese Revolution, evolution of Chinese Foreign Policy, Aspirations for hegemony in Asia, domination in the world economy, military doctrine, current trends.

Text Books And Reference Books:

1.      Andrew Heywood, Global Politics, Palgrave McMillan, 2020

2.      Handbook of International Relations. Sage Publishing, 2002.

3.      Rumki Basu (ed), International Politics, Sage, New Delhi 2012

 

4.      “Why a World State is Inevitable?” European Journal of International Relations 9 (2003), 491 542.

Essential Reading / Recommended Reading

1.      Hans J. Morgenthau, Politics Among Nations: The Struggle for Power and Peace. 5th edition. New York: Alfred A. Knopf, 1978.

2.      Huntingdon, Samuel. Clash of Civilizations and the Remaking of World Order Simon & Schuster. 1996.

3.      Keohane, Robert, and Joseph Nye. Power and Interdependence. Princeton. 1982.

4.      “Anarchy Is What States Make of It”. International Organization 46 (1992), 391- 425.

5.      “Why Economic Sanctions Do Not Work”. International Security 22 (Fall) 1997.

6.    Ambrose, Stephen. Rise to Globalism: American Foreign Policy Since 1938. 9th revised edition. New York: Penguin Books, 2010.

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

Total

10

25

10

50

05

100

LAW312N - NATIONAL SECURITY (2022 Batch)

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

Course Objectives/Course Description

 

This course has been conceptualized in order to provide the students a comprehensive understanding of the theory and practice of national security in the Indian context. The foundations, basic concepts, principles, various dimensions of national security, threats and responses are covered through five Units. In the end, the students should be in a position to show a familiarity with a wide range of substantive issues in security studies and articulate normative positions on key ethical dilemmas arising from the quest for national security of India.

Learning Outcome

CO1: Critically analyze the concept of security in general and the notion of national security in the Indian context.

CO2: Comprehend the historical underpinnings of India's national security threats and responses.

CO3: Grasp the complexities of security environment of India and the threats it confronts and understand various national security policies of India and challenges in their implementation.

Unit-1
Teaching Hours:12
Security: Its Conceptual Framework
 

1.      Evolution of the concept

2.      Theories of Security

3.      Securitization and Desecuritization

Unit-2
Teaching Hours:12
Internal Conflicts
 

1.      Terrorism

2.      Definition and kinds

3.      Evolution of the concept

4.      Left Wing Extremism

5.      Secessionist Movements

6.      Fundamentalism

7.      Insurgency in North-East India

Unit-3
Teaching Hours:12
Organized Crime & National Security Aspects
 

1.      Human Trafficking

2.      Drug Trafficking

3.      Organ Trafficking

4.      Money laundering

Unit-4
Teaching Hours:12
Neighbourhood and Security
 

1.      Cross-border threats

2.      Regional threats

3.      Environmental threats

4.      Maritime threats

Unit-5
Teaching Hours:12
National Security: Institutions and Infrastructures
 

1.      Legislative Framework of India

2.      Components of National Security

3.      Legislations

4.      Preventive detention

5.      Executive Actions

6.      Policies and Practices

7.      Judicial Approach

Wildlife Trafficking

Text Books And Reference Books:

1.      Ayoob, Mohammed, The Third World Security Predicament: State Making, Regional Conflict, and the International System, Boulder: Lynne Rienner Publishers, 1995.

2.      Baldwin, David A. (1997). “The Concept of Security,” Review of International Studies, Vol. 23, 13.

3.      Booth, Ken, Theory of World Security, Cambridge University Press, 2007, (Chap. 3).

4.      Buzan, Barry, People, States, and Fear (Hemel Hempstead: Harvester Wheatsheaf, 1991).

5.      Buzan, Barry and Lene Hansen, The Evolution of International Security Studies, Cambridge University Press, 2009

6.      Commuri, Gitika, Indian Identity Narratives and the Politics of Security (New Delhi: Sage Publications, 2010)

7.      Dasgupta, C., War and Diplomacy in Kashmir, 1947-8 (New Delhi: Sage Publications, 2002).

8.      Dash, Satya Prakash, Naxal Movement and State Power (New Delhi: Sarup and Sons, 2006).

9.      Dillon, Michael, Politics of Security: Towards a Political Philosophy of Continental Thought (London: Routledge, 1996).

Ganguly, Sumit, The Crisis in Kashmir: Portents of War, Hopes of Peace (Washington, D.C., Woodrow Wilson Center, 1997).

Essential Reading / Recommended Reading

Mishra, R. (2019). Regional Security Outlook: An Indian Perspective. Em CSCAP Regional Security Outlook, editado por Ron Huisken, 21-23.

Trivedi, R. (Ed.). (2008). India's Relations with her Neighbours. Gyan Publishing House.

Cordner, L. (2010). Rethinking maritime security in the Indian Ocean Region. Journal of the Indian Ocean Region, 6(1), 67-85.

 Ridley, Nick (2008) “ Organized Crime, Money laundering and Terrorism.” Policing 2:1, pp. 28-35.

Mishra, V. (Ed.). (2013). Human Trafficking: The Stakeholders' Perspective. Sage Publications India.

Das, P. (2012). Drug trafficking in India: A case for border security (No. 24). New Delhi: Institute for Defence Studies and Analyses.

Budiani, D. A., & Karim, K. (2009). The social determinants of organ trafficking: a reflection of social inequity. Social Medicine, 4(1), 48-51.

 

Evaluation Pattern

 

Marks

CIA 1

10

CIA 2 (Mid-Semester Examinations)

25

CIA 3

10

End Semester Examinations

50

Attendance

05

Total marks

100

LAW333N - LAW AND ECONOMICS (2022 Batch)

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

Course Objectives/Course Description

 

OBJECTIVES: Unit 1 proposes to familiarize students with the economic approach to law and the nature of legal and economic reasoning. Unit 2 is designed with the intention to show that free market economy alone is not solution for efficient allocation of resources and the student is made aware of the need for regulation of Monopoly as well as a public utility. In Unit 3 the focus is on the choice between regulation and common law, and the technique of Cost Benefit Analysis is introduced which is essential to evaluate feasibility of any project along with its application to assess global warming and other problems. Unit 4 attempts to integrate property law and economics in the context of property. The basis of modern economics is origin of private property, this Unit explains the evolution and importance of property rights in modern economy. Unit 5 is regarding the process of exchange and the economic roles of contract law. Unit 6 aims at familiarising students with economic reasoning of tort damages, and gives practical insight into the different forms of liability. Unit 7 helps in understanding the factors behind increasing crime rate. It brings into light different techniques which can be used to control crime rate

Learning Outcome

CO1: Assess the economic approach to law.

CO2: Analytically discuss the problems of unregulated monopoly and Natural Monopoly, along with their economic and efficiency consequences.

CO3: Apply cost benefit analysis technique to given problems

CO4: Explain the need for integrating economic reasoning in crime prevention.

Unit-1
Teaching Hours:10
INTRODUCTION TO LAW & ECONOMICS
 

1. Introduction to and a brief history of Law and Economics,

2. The nature of economic reasoning,

3. The economic approach, Ex Post vs Ex ante reasoning,

4. Fundamental concepts of economics used in legal analysis,

5. The Theory of Second Best

Unit-2
Teaching Hours:10
THE ECONOMICS OF REGULATION AND ANTITRUST POLICY
 

1. The competitive extremes of Perfect Competition and Monopoly,

2. Alternative theories of economic regulation,

3. The deregulation movement, antitrust law and enforcement,

4. Characteristics of markets with a predisposition to price fixing,

5. How to identify cartelization, resale price maintenance,

6. Mergers that create monopolies or oligopolies,

7. Market power, market definition,

8. Potential competition, predation,

9. Foreclosure, tie-ins, bundling and barriers to entry,

10. Antitrust and the new economy

Unit-3
Teaching Hours:10
ECONOMICS OF INTELLECTUAL PROPERTY
 

1. The economic rationale,

2. Patents and innovation, limiting protection, the doctrine of equivalents, fair use

doctrine, duration, remedies,

3. Economic function of trademarks

Unit-4
Teaching Hours:10
THE ECONOMICS OF ENFORCING PROMISES
 

1. The economics of exchange, the specific functions of Contract Law, the

economics of contract formation- capacity, duress, offer and acceptance, The

consideration requirement

2. 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
 

1. 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

2. Contributory Negligence and Comparative Negligence, Assumption of the

Risk, Strict Liability - efficiency and strict liability, risk-aversion and loss

spreading, duty to rescue

3. Damages-the collateral source rule, future losses, hedonic losses, punitive

damages

Unit-6
Teaching Hours:10
ECONOMICS ANALYSIS OF CRIMINAL LAW
 

1. Why have Criminal Law- creating an incentive for market exchanges,

Criminal Law and externalities

2. 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 7 th ed., New York: Wolters Law & Business, Aspen Publishers, 2007.

2. Cooter, Robert, and Thomas Ulen. Law & Economics 6 th ed. Delhi: First Indian Reprint, Eastern Book Company, 2004.

3. Polinsky, Mitchell A. An Introduction to Law and Economics 3 rd 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

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%

LAW354N - CONSTITUTIONAL 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: 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.

 

Learning Outcome

CO4: Course outcomes: By the end of the course the learner should be able to: 1. To explain, apply the concepts and evaluate the nature and basic features of the Constitution of India. 2. Analyse and sort out the diverse judicial tests used to determine the constitutionality of state action. 3. Compare the constitutional relationship between the rights enumerated under Articles 14, 19 and 21 of the Constitution of India. 4. Evaluate the idea of welfare state by amalgamating the harmonious impact of Fundamental Rights and Directive Principles of State Policy.

Unit-1
Teaching Hours:15
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble

Unit-2
Teaching Hours:15
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; R; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect 

Unit-3
Teaching Hours:15
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:15
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:

Essential references:

  1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency
  2. Dr.J.N.Pandey, Constitutinal Law of India.,
  3. Jain, M. P. Indian Constitutional Law, 7th ed. Nagpur: Wadhwa& Co., 2014.
  4. The Study of the Law of Constitution by A. V. Dicey.
Essential Reading / Recommended Reading
  1. Constitutional and Administrative Law by Wade and Philips.
  2. Singh, M. P. Shukla V. N. Constitution of India, 10th ed. Lucknow: Eastern Book Co., 2001.
  3. 3.Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4th ed. New Delhi: Universal Law Publishers, 2006.
Evaluation Pattern

Students will be evaluate Continuously by conducting 3 CIAs and an end semester exams.

LAW355N - LAW OF CONTRACT 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: To apply the basic principles in contractual relations, there need to be a clear understanding of the basic sources of law of contracts. 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 the same. It also gives an introduction to the basic essentials of agreements and contracts. 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. Thus the doctrine of consideration is discussed from different perspectives. Unit 3 deals with the capacity of parties to enter into a valid and enforceable contract. This mainly discusses about the parties who are disqualified to enter into contracts, basically dealing with the unenforceable aspect of the same. Major areas which are covered are minor’s agreements and the different consequences of such agreements. It also covers other parties who are incapacitated viz. parties who are of unsound mind and other categories who are disqualified by law. Unit 4 on the requirement of free consent in a contract mainly 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 and void agreements respectively. These Units illustrate the significance of legality of object in a contract. This also elaborates on different grounds in which a contract is expressly declared to be void. Unit 7 discusses the different ways by which a contract can be discharged and the remedies which are available to the parties aggrieved by such breach are included in Unit 8. To provide a practical overview to the students specific relief which is available as a judicial remedy is included in Unit 9.

COURSE OBJECTIVES: This course is designed to acquaint a student 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 contracts. Analysis of the kinds of contracts that can be specifically enforced and the methods of enforcement forms a significant segment of this study.

Learning Outcome

CO 1: To compare void agreement, voidable agreement, illegal agreements and unlawful agreement and their consequences.

CO 2: To distinguish between various relations resembling contractual obligations and contractual relations

CO 3: 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

CO 4: 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.

CO 5: To identify all the essential elements required for formation of a valid contract such as proposal, acceptance, lawful consideration and object, competent parties.

CO 6: 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

CO 7: To evaluate practical problem-based situations and select the appropriate remedy for breach of contract

CO 8: 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-2
Teaching Hours:6
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:6
CAPACITY TO CONTRACT
 

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

Unit-4
Teaching Hours:6
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:6
LEGALITY OF OBJECTS
 

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:6
VOID AGREEMENTS
 

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

Unit-7
Teaching Hours:6
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, specific grounds of frustration, application to leases, 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:6
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:8
SPECIFIC RELIEF
 

Specific performance of contract; Contract that can be specifically enforced; Persons against whom specific enforcement can be ordered; Rescission and cancellation; Injunction: Temporary and Perpetual; Declaratory orders; Discretion and powers 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. Bharuka, G. C. Mulla on The Indian Contract Act. 12th ed. Nagapur: LexisNexis Butterworths Wadhwa, 2009.

2. Beatson, Sir Jack, et al.Anson's Law of Contract. 29th ed. Oxford: Oxford University Press, 2010.

3. P. S. Atiya, Introduction to the Law of Contract. Claredon Law Series 1992 (reprint)

4. Markanda, P. C. The Law of Contract. 2 vol; New Delhi: Wadhwa and Company, 2006.

5. Singh, Avtar. Law of Contract. 10th ed. Lucknow: Eastern Book Company, 2008.

6. Cheshire, G. C., Fifoot H. S. and Furmston, M. P. Law of Contract ELBS with Butterworths, 1992.

7. Nair, M. Krishnan, Law of Contracts. Hyderabad: Orient Longman Private Limited, 1998.

8. Treitel, G. H. Law of Contract, Sweet & Maxwell, 1997 (reprint).

9. Abichandani, K. (Ed.), Pollock and Mulla on the Indian Contract and the Specific Relief Act. Tripathi, 1999.

10. Banerjee, S. C. Law of Specific Relief New Delhi: Universal Law Publishing, 1998.

11. Anson, Law of Contract New Delhi: Universal, 1998.

12. Dutt on Contract New Delhi: Universal Law Publishing, 2000.

13. Anand and Aiyer. Law of Specific Relief New Delhi: Universal Law Publishing, 1999.

14. Raman, A. MLJ Law of Contract and Specific Relief. 2 vol; 2nd ed. Nagapur: Lexis Nexis Wadhwa, 2009.

15. Mitra, S. C. Law of Contracts. 2 vol; 2nded. New Delhi: Orient Publishing Company, 2005.

16. Furmston, Michael, et al. (Eds.) The Law of Contracts. 3rd ed. U S A: LexisNexis Butterworths,2007.

17. Atiyah, P. S., and Stephen A. Smith. Atiyah's Introduction to the Law of Contract. 6th ed. Oxford: Oxford University Press, 2007.

18. Rao, G. C. V. Subba. Law of Specific Relief. 6thed. New Delhi: Orient Publishing Company, 2005.

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%

LAW366N - PHILOSOPHY OF 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:

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.

Course Objectives:

To understand problems relating to Jurisprudential understanding of laws through the lens of various legal philosophers and thinkers

To identify solution-oriented approaches to jurisprudential issues.

To evaluate  the new epistemological outlook which jurisprudential knowledge has brought about. 

To analyse jurisprudential knowledge in legal explorations.

Learning Outcome

CO1: Analyse some of the most influential legal and political philosophies and their theses on law legal issues.

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-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-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-6
Teaching Hours:10
SOCIOLOGICAL SCHOOL
 

Sociological Theories of Law: Pound, Ehrlich, Durkheim, Foucalt and Niklas Luhmann

Text Books And Reference Books:

1. H.L.A. Hart., The Concept of Law, New Delhi: Oxford University Press.

2. White, Jefferson, and Dennis Patterson. Introduction to the Philosophy of Law: Readings and Cases. New York: Oxford University Press.

3. Michael J Sandel, Justice – What’s the Right Thing to do?, London: Penguin

4. J W Harris, Legal Philosophies, Butterworths

5. Mark Tebbit, Philosophy of Law: An Introduction, London: Routledge

6. Edgar Bodenheimer, Jurisprudence (The Philosophy and Methods of Law), New Delhi: Universal Law Publishing Co.

7.R W M Dais, Dias Jurisprudence, New Delhi: Aditya Books

8. N E Simmonds, Central Issues in Jurisprudence - Justice, Law and Rights, Lucknow: EBC

9. 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%

LAW452N - JURISPRUDENCE (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 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: Describe and explain the characteristics of the concepts taught.

CO2: Analyze the concepts correctly in a given jurisprudential context.

CO3: Elucidate the legal status and nature of rights.

CO4: Evaluate various concepts and be able to deliberate on cross-cutting issues of national and global importance.

CO5: Devise arguments that show conceptual clarity and use them to suggest solutions to socio-legal issues.

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-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-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.

Text Books And Reference Books:

 

Essential References


 

 

  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

 

Recommended References


 

 

  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 TheoryNew Delhi: Metropolitan, 1985.

Evaluation Pattern

 

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%

LAW453N - PUBLIC INTERNATIONAL 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

This course introduces students to the fundamental principles and key areas of Public International Law. Each unit provides a comprehensive exploration of various topics, offering insights into the complexities and dynamics of global legal frameworks. To further elaborate, Unit 1: Introduction to International Law provides an overview of the nature, definitions, and significance of International Law, exploring theories and emerging trends shaping its evolution. Unit 2: Sources of International Law deals with the examination of the sources of International Law, from treaties to customary practices, and the relationship between international and municipal laws. Unit 3: Subjects of International Law relate to the analysis of entities within International Law, including individuals, states, international organizations, their rights, recognition theories, and the doctrine of state responsibility. Unit 4: Law of Treaties deals with the exploration of treaty concepts, the process of treaty-making, interpretation, modification, invalidity, and termination of treaties. Unit 5: Statehood and Recognition includes the definition of statehood, a discussion on its incidence, and an examination of the theories and effects of recognition within the international community. Unit 6: State Territory and State Succession deals with the understanding state territories, acquisition, loss, and the implications of state succession on rights and duties. Unit 7: State Jurisdiction and Responsibility deals with the analysis of state jurisdiction, responsibilities, and the International Law Commission’s efforts to codify state responsibility. Unit 8: Law of the Sea includes exploration of UNCLOS (United Nations Convention on the Law of the Sea), delving into maritime zones, exploitation of resources, and common heritage concepts. Unit 9: Nationality, Asylum, and Extradition examines principles related to nationality, asylum, statelessness, extradition, and their interrelationships. Unit 10: International Settlement of Disputes deals with the study of dispute resolution mechanisms, including arbitration, negotiation, international adjudication, and the perspectives of developing countries in dispute settlement.

Course Objectives

1.To acquire comprehensive knowledge of the foundational concepts and key elements of public international law.

2.To understand, identify and differentiate between primary and secondary sources of public international law, including international treaties.

3.To demonstrate the ability to apply the acquired legal principles to analyse and resolve complex issues within public international law.

4.To be capable of critically analysing the influence of international politics, relations, and economics on the development and evolution of public international law.

5.To be able to evaluate the effectiveness and limitations of enforcement mechanisms in public international law.

 

Learning Outcome

CO1: Demonstrate comprehensive and accurate knowledge of key aspects of public international law.

CO2: Understand the primary and secondary sources of public international law, including international treaties, with minimal guidance.

CO3: Apply legal principles studied in public international law to study complex problems, evaluate arguments, and formulate well-supported conclusions, both orally and in writing.

CO4: Critically analyse the impact of international politics, relations, and economics on the development and evolution of public international law.

CO5: Evaluate the effectiveness and limitations of enforcement mechanisms in public international law.

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 , Treaty-making (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-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-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 Successio

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-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

Text Books And Reference Books:
  1. Shaw, Malcolm N., International Law, Ninth Edition, Cambridge University Press, 2021, Cambridge.
  2. Crawford J., Brownlie’s Principles of Public International Law Ninth Edition, Oxford University Press, 2019. 
  3. Cassese, Antonio, International Law, 2nd ed. Oxford University Press.
  4. Shearer, I. A. Starke’s International Law. 11th ed. Eastern Book Co., 2007, Lucknow.
  5. Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.
  6. Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.
  7. Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.
  8. Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.
  9. Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, 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.
  4. Oppenheim’s International Law, 9th ed. Longman, 1992.
Evaluation Pattern

CIA I: Flipped Classroom

(1)       About the Assignment: Each student is required to create a video presentation involving a PowerPoint (PPT) presentation on the topics allotted to them, covering the contemporary issues of international law.

(2)       What the student is expected to do: The assignment requires them to study the law, conduct research, and assimilate the concepts independently. It should showcase their critical thinking, depth of comprehension, and ability to communicate effectively.

(3) Objectives: Encourage Self-Directed Learning, Promote Critical Thinking, Enhance Communication Skills and foster Active Learning.

(4) Evaluation Rubrics: Students are evaluated based on the content, clarity, depth of analysis, delivery, and innovation and visual appeal of both the video presentation and the PPT slides.

 

CIA II:

MID Semester Examination 

CIA III: Model United Nations (MUN)

(1)       About the Assignment: MUN assignments simulate the workings of the United Nations, providing students with a hands-on experience in diplomacy, international relations, and problem-solving.

(2)       What the student is expected to do: The primary objective of an MUN assignment is to immerse students in a simulated UN conference, where they represent assigned countries or roles, engage in debates, draft resolutions, and work collaboratively to address global issues.

(3)       Evaluation Rubrics:

Knowledge and Research: Evaluates the depth of understanding of the country's stance, historical context, and international relations. Position papers and research efforts contribute to this assessment.

Participation and Diplomacy: Measures the active engagement in debates, negotiation skills, and the ability to collaborate with other delegates to reach consensus.

Resolution Quality: Assesses the quality of resolutions proposed, considering their feasibility, alignment with the country's policies, and potential for addressing the issues effectively.

 

Presentation Skills: Evaluates the ability to present and defend positions confidently, articulate arguments effectively, and communicate diplomatically during the conference.

 

LAW454N - CONSTITUTIONAL 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

 

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.

Course Objectives: 1. To bring out the importance of the system of Governance and the role of the executive in the Indian Constitution. 2.  To describe the compostion of the Parliament and the members therein. 3. To understand the role of Supreme Court as a Court of Justice. 4. To brief about the Centre-State finacial relations and specific to GST. 5. To give an overview about the role of Governments in entering into Contracts and the application of Doctrine of Pleasure. 6. To demonstrate about the different types of emergency and the consequences of imposing it.

Learning Outcome

CO1: Describe the powers and functions of the Executive, Legislature, and Judiciary

CO2: Explain the law-making process under the Constitution of India.

CO3: Analyze the role played by the Supreme Court and High Courts in the dispensation of justice

CO4: Evaluate the working of the Elections Commission of India within the Indian democratic framework.

CO5: Illustrate the role of the Government as a 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-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-4
Teaching Hours:8
RELATIONSHIP BETWEEN CENTRAL & STATE GOVERNMENT
 

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

Unit-5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

Unit-6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

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 Uni

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 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.

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 %

LAW455N - LAW OF CONTRACT II (2022 Batch)

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

Course Objectives/Course Description

 

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 enumerate the special rights and liabilities created by contract of indemnity

CO2: To describe bailment contracts in daily transactions with an emphasis on rights and duties of bailor and bailee

CO3: To enumerate the rights and liabilities of parties when bailment is created as security for repayment of debt i.e., pledge

CO4: To list out the necessary clauses to be incorporated in a contract of guarantee based on rights of surety, modes of discharge of surety, revocation of guarantee

CO5: 5. To state the elements required to form a valid contract of agency and determine whether the liability of the principal created by acts of the agent based on the authority, rights and duties of the parties.

Unit-1
Teaching Hours:8
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:8
Indemnity contract
 

Need for indemnity to facilitate commercial transactions;

Unit-2
Teaching Hours:8
Guarantee
 

contract of Guarantee

Unit-2
Teaching Hours:8
contract of guarantee
 

contract of guarantee

Unit-3
Teaching Hours:12
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:12
rights and duties of bailor bailee
 

rights and duties of bailor bailee

Unit-4
Teaching Hours:8
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:8
pledge contract
 

pledge contract

Unit-5
Teaching Hours:8
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:8
contract of agency
 

agency

Unit-6
Teaching Hours:8
Sale of Goods
 

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:8
sales of goods act
 

sale of goods Act

Unit-7
Teaching Hours:8
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:
  1. Pollock & Mulla The Indian Contract Act, LexisNexis, 14th ed., 2014
  2. Singh Avtar,  Law of Contract, Eastern Book Co., 12th Ed, 2017
  3. Pollock & Mulla on Sale of Goods Act, 10th ed., LexisNexis 2017
  4. Singh Avtar, Principles of Law of Sale of Goods and Hire Purchase, 6th  ed., Eastern Book Co., 2005

Pollock & Mulla The Indian Partnership Act, 6th ed., LexisNexis 2006

Essential Reading / Recommended Reading
  1. Pollock & Mulla The Indian Contract Act, LexisNexis, 14th ed., 2014
  2. Singh Avtar,  Law of Contract, Eastern Book Co., 12th Ed, 2017
  3. Pollock & Mulla on Sale of Goods Act, 10th ed., LexisNexis 2017
  4. Singh Avtar, Principles of Law of Sale of Goods and Hire Purchase, 6th  ed., Eastern Book Co., 2005

Pollock & Mulla The Indian Partnership Act, 6th ed., LexisNexis 2006

Evaluation Pattern

Components in the scheme of evaluation-

 

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III - 10%

 Attendance - 05%

End semester examination - 50%

LAW461N - PRINCIPLES OF CRIMINAL LAW (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 has been conceptualized in order to understand the Criminal Jurisprudence and Principles involved in Criminal Law. For the said purpose the Course has been structured as   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 4. Unit 5 deals with the parties to the crime, degree of liability etc. The theoretical aspects and basis of punishment will be dealt in Unit 6.

Learning Outcome

CO1: Students will be able to distinguish offences on the basis of culpability level and make them understand the sources and functions of Criminal law.

CO2: Students will be able to identify the constituents of the offences by explaining the theories of Criminology

CO3: Students will be able to form a critical mind to analyze the interpretation of offences by elucidating the liability under the Criminal Law

CO4: Students will be able to develop aptitude to analyze the degrees of criminal liability and ingredients of crime ? actus reus, mens rea, concurrence and causation - in order to establish criminal liability .

CO5: Students will be able to demonstrate the ability to evaluate the basis of punishment awarded on the basis of the theoretical concepts

Unit-1
Teaching Hours:10
Unit-1 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
Unit 2: 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:10
Unit 3: 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
Unit 4: Classification Of Crimes
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

Unit-5
Teaching Hours:10
Unit 5: Parties to Crime
 

Introduction, Principals in 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
Unit 6: Theories of Punishments
 

 

Deterrent, Retributive, Preventive, Reformative 

Text Books And Reference Books:

1.Andrew Ashworth, Jeremy Horder (Ed.), Principles of Criminal Law, (Oxford University press,1973)

 2.Alan Norrie,  Monographs on criminal law and Justice, (Oxford University Press,1993) 

3.Michael Cavadino, James Dignan (et.al) The Penal System: An Introduction (Sixth Edition,, Sage Publishing, 2019).

4.Matthew Dyson, Blackstone's Statutes on Criminal Law 32nd  edition, Oxford University Press, 2022 

5. Frank E. Hagan, Introduction to Criminology, 6th edition, 2012 

6. Alan Norrie,Punishment Responsibility and Justice: A Rational Critique,  Oxford Monographs on criminal law and Justice, (Oxford University Press, 1993)

7. Ram Ahuja, Criminology, ( Rawat Publications, New Delhi,2000) 

Sanford H. Kadish, Stephen J. Schulhofer (et.al) Criminal Law and Its Processes: Cases and Materials Wolters Kluwer, 2017

8. O.P Srivastava and Ram Naresh Choudhary Principles of Criminal Law (6th edition 2013)  

9. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.

10. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.

11. J. W. Ceceil,Turner Kenny's Outlines of Criminal Law 19th Ed, New Delhi: Universal Law, 1966.

12. Andrew Ashworth,  Principles of Criminal Law, 6th Ed., OUP, 2009.

13. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007

14. RamAhuja,  Criminology Rawat Publications, New Delhi, 2000.

15.  N. V.Pranajape, Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.


Essential Reading / Recommended Reading

 

 

Paul K Ryu, “Causation in criminal Law” University of Pennsylvania Law Review 106 (1999) 773- 805

Steven R. Morrison, “Relational Criminal Liability” 44 Florida State University Law Review 635-690, (2017).

Daniel K. Spradlin “Mens Rea, Due Process and the Burden of Proving Sanity or Insanity”, 5 Pepp. L. Rev. 1 (1978).

G. Virgo, “Offences against the person: The wheel is come full circle”, 51 Cambridge Law

        Journal, 6 (1992).

G. R. Sullivan, “Anger and excuse:Reassessing provocation”, 13 Oxford Journal of Legal Studies,

       421 (1993).

Stephen F Smith, “Innocence and the Guilty Mind” 69 Hastings Law Journal 1609 (2019)

Eugene J. Chesney, “Concept of Mens Rea in the Criminal Law”, 29 Am. Inst. Crim. L. & Criminology 627 (2017)

M. Gorr, “Private Defence”, 9 Law & Philosophy, 241, (1990).

 A. Candeub, “Motive crimes and other minds”, 14(2) University of Pennsylvania Law Review,  (1994) 224.

T. Weir, “Why does provocation diminish culpability?” 55 Cambridge Law Journal, 420 (1996).

Candeub, “Motive crimes and other minds”, 142 University of Pennsylvania Law Review, 2071(1994).

T. Weir, “Why does provocation diminished culpability?” 55 Cambridge Law Journal, 420 (1996).

G. R. Sullivan, “Cause and the contemporaneity of actus reus and mens rea”, 52 Cambridge Law Journal, 487(1993)

 

 

 

 

 

Evaluation Pattern

Course Code

Course Title

Assessment details

BAL583

Principles of Criminal 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%

Assessment outline:

 

Components of assessment

Components

CIA I

CIA II

CIA III

ESE

Marks/Percentage

20 Marks

50 Marks

20 Marks

100 Marks

 

LAW476N - MOOT COURT (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:

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

CO 1 : 1. Explore online and offline library for self-learning and research.

CO 2: 2. Employ legal reasoning to make arguments before the court.

CO 3 : 3. Draft memorials for moot court.

CO 4: 4. Employ proper court room demeanour and style of addressing the court.

Unit-1
Teaching Hours:7
INTRODUCING THE STRUCTURE OF MOOT COURTS
 
  1. Identifying parties to the dispute
Unit-2
Teaching Hours:7
USING LIBRARY RESOURCES FOR RESEARCH
 
  1. Introducing online and offline library resource
  2. Training on the use of library resources
Unit-3
Teaching Hours:7
CONSTRUCTING ARGUMENTS
 
  1. Researching on issues
  2. Techniques of legal research
  3. Constructing and structuring arguments
Unit-4
Teaching Hours:7
DRAFTING AND FORMATTING OF MEMORIALS
 
  1. Components of a memorial (for national and international moots)
  2. Differentiating and substantiating Jurisdiction and maintainability
  3. Drafting and formatting of a memorial
  4. Citation styles and References
Unit-5
Teaching Hours:7
ADDRESSING THE COURT
 
  1. Court room demeanour
  2. Addressing the court
  3. Body language
  4. 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.

Text Books And Reference Books:
By Abhinandan Malik
Essential Reading / Recommended Reading
By Satyendra Mani Tripathi
By Bibhuti Bhushan Mishra
By O P Tewari
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.              

LAW552N - CONSTITUTIONAL LAW I (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: 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.

 

Learning Outcome

4: Course outcomes: By the end of the course the learner should be able to: 1. To explain, apply the concepts and evaluate the nature and basic features of the Constitution of India. 2. Analyse and sort out the diverse judicial tests used to determine the constitutionality of state action. 3. Compare the constitutional relationship between the rights enumerated under Articles 14, 19 and 21 of the Constitution of India. 4. Evaluate the idea of welfare state by amalgamating the harmonious impact of Fundamental Rights and Directive Principles of State Policy.

Unit-1
Teaching Hours:15
INTRODUCTION
 

Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble

Unit-2
Teaching Hours:15
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; R; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect 

Unit-3
Teaching Hours:15
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:15
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:

Essential references:

  1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency
  2. Dr.J.N.Pandey, Constitutinal Law of India.,
  3. Jain, M. P. Indian Constitutional Law, 7th ed. Nagpur: Wadhwa& Co., 2014.
  4. The Study of the Law of Constitution by A. V. Dicey.
Essential Reading / Recommended Reading
  1. Constitutional and Administrative Law by Wade and Philips.
  2. Singh, M. P. Shukla V. N. Constitution of India, 10th ed. Lucknow: Eastern Book Co., 2001.
  3. 3.Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4th ed. New Delhi: Universal Law Publishers, 2006.
Evaluation Pattern

Students will be evaluate Continuously by conducting 3 CIAs and an end semester exams.

LAW553N - COMPANY LAW I (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 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 aims to teach the students, the company formation, fund raising and control, related possible issues, the remedies and government regulation of corporate business

Learning Outcome

CO 1: To describe the method of giving security for repayment of loan or other liabilities of a company.

CO 2: To explain jurisprudential aspects of company and the classification of companies.

CO 3: To appreciate the importance of business associations, history and regulatory framework relating to the same.

CO 4: To elucidate the process of formation of different kinds of companies and commencement of business.

CO 5: To 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-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-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-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-8
Teaching Hours:5
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.

Text Books And Reference Books:

1. Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 1997.

2. Palmer. Palmer’s Company Law. London: Stevens, 1987.

3. Pennington R. R. Company Law. Butterworths, 1990.

4. Ramaiya, Guide to the Companies Act. Wadha, 1998.

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. London: Sweet and Maxwell, 1997.

2. Palmer. Palmer’s Company Law. London: Stevens, 1987.

3. Pennington R. R. Company Law. Butterworths, 1990.

4. Ramaiya, Guide to the Companies Act. Wadha, 1998.

5. Sealy, L. S. Cases, and Materials in Company Law. 2007.

Evaluation Pattern

 CIA I – 10%

 CIA II-  25%

 CIA III – 10%

 Attendance – 05%

 End Semester Examination – 50%

           TOTAL 100%

LAW554N - LABOUR AND INDUSTRIAL LAW I (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 designedto 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.

Learning Outcome

At the end of this Unit, students are expected to appreciate the evolution of industrial jurisprudence and the role played by the higher judiciary in this regard.

Industrial Jurisprudence; Labour Policy in India; Industrial Revolution in India; Evils of Industrialization, Economic Evils, Social Evils; Labour Problems; Industrial Peace and Industrial Harmony; Industrial Relations; Principles of Labour Legislation; Social Justice; Social Equity; Social Security; The concept of Social Security, constitutional foundations and the role of ILO, growth of Labour Legislation in India; Industrial Adjudication; Role of courts in progressive interpretation of industrial laws.

Unit-1
Teaching Hours:12
Unit 1: INDUSTRIAL JURISPRUDENCE AND LABOUR
 

Unit 1: INDUSTRIAL JURISPRUDENCE AND LABOUR                12 Hours

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
Unit 2: NEED FOR LABOUR LEGISLATIONS IN INDIA
 

Unit 2: NEED FOR LABOUR LEGISLATIONS IN INDIA                      12Hours

                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
Unit 3: REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

Unit 3: REGULATION OF INDUSTRIAL DISPUTES IN INDIA               12 Hours

                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
Unit 4: LABOUR AND SOCIAL SECURITY
 

Unit 4: LABOUR AND SOCIAL SECURITY                                                            12 Hours

               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
Unit 5: REGULATION OF LABOUR AND WORKING CONDITIONS
 

Unit 5: REGULATION OF LABOUR AND WORKING CONDITIONS      12 Hours

            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 Delhi Shops And Commercial Establishment Act

                    5.2.1 Objective of the Act

                   5.2.2 Definitionsand 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:

1.     Bhatia, S. K. Constructive Industrial Relations and Labour Laws. New Delhi:Deep and Deep Publications, 2003.

2.     Kumar, H. L. Labour Problems and Remedies. New Delhi: Universal Law Publishing, 2007.

3.     Kumar, H. L. Obligation of Employee Under Labour Law. New Delhi: Universal Law Publishing, 2005.

4.     Kumar, Sanjeev. Industrial and Labour Laws. New Delhi: Bharath Law House Private Limited, 2004.

5.     Pillai, K. Madhavan. Labour and Industrial Law, Allahabad: Central Law Agency, 1998.

6.     Maslhotra, O. P. The Law of Industrial Dispute, Vol. 1 & 2, Lexis Nexis, India, 2004.

7.     Malik, P. L. Handbook of Industrial Law. 10Th ed., Lucknow: Eastern Book Company, 2006.

8.     Pai, G. B. Labour Law in India. New Delhi: Butterworth, 2001.

9.     Rao, E. M. Industrial Jurisprudence, New Delhi: LexisNexis (India), 2004.

10.  Mishra, S. N. Labour and Industrial Laws, 22nd ed. Allahabad: Central Law Publications, 2006.

11.  Sharath, Babu. Social Justice and Labour Jurisprudence. New Delhi: Sage Publication, 2007.

12.  Sharma, J. P. Simplilfied Approach to Labour Laws. New Delhi: Bharath Law House Private Limited, 2006.

13.  Sharma, Usha. Labour Movement in India: Pre-Independence Period, Vols. 1 & 2 Cambridge: Vista Publications, 2006.

14.  Indian Law Institute, Labour and Industrial Relations: Cases and Materials, 2006.

15.  Srivastava, S. C. Labour Law & Labour Relations: Cases and Materials. New Delhi: Indian Law Institute, 2007.

16. 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

·          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%

LAW555N - ENVIRONMENTAL 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 Environmental law programme, in contrast to other law curricula, has certain characteristics which make it unique and is one of the best instruments for breaking the ice of colonial legal education. Its uniqueness lies in the fact that the problems it raises do not relate merely to specific individuals but about such matters as national development, industrial policy, policies concerning natural resources, injustice to communities, inter-generational equity and prevention of pollution. All these issues relate to problematic about construction of a just, humane and healthy society. Secondly, environmental law necessarily demands an inter-disciplinary approach. Thirdly, uniqueness of the subject is borne out by the new epistemological outlook which ecology-related knowledge has brought about in recent times. The development of ecological knowledge has necessitated an overall change not only in managerial studies but also in socio-legal explorations. This approach to the growing dimensions of environmental law is essential.

 

 

 

Learning Outcome

CO 1: 1. To build the basic requirements of environmental protection and constitutional remedies with respect to environmental violations.

CO2 : 2. To enable students in identifying the issues related to environmental conservation and biodiversity before the green tribunal and judiciary.

CO3: 3. To demonstrate the international principles of environmental law correctly to environmental problems and list out the application of SDG?s to environmental law.

CO4: 4. To create an individual who believes in conservation, preservation and empathy towards environmental issues.

Unit-1
Teaching Hours:8
Development of Environmental Law and Policy in India
 

 

Environment, Meaning and contents, pollution, meaning, kinds of pollution, effects of pollution, Environmental Economics, Indian tradition: dharma of environment, British Raj – industrial development and exploitation of nature, Nuisance: penal code and procedural codes, Free India – continuance of British influence, Old laws and new interpretations.

 

Unit-2
Teaching Hours:10
INTERNATIONAL REGIME AND CONSTITUTIONAL PERSPECTIVES
 

Stockholm conference, Greenhouse effect and ozone depletion, Rio conference, Bio-diversity, U.N. declaration on right to development, conference on Wetlands, Climate Change, Constitutional making – development and property oriented approach, Directive principles, Status, role and interrelationship with fundamental rights and fundamental duties, Fundamental Duty, Judicial approach, Fundamental Rights, Rights to clean and healthy environment, Environment v. Development, Enforcing agencies and remedies, Courts, Tribunal, Constitutional, statutory and judicial remedies, Emerging principles, polluter pays: public liability insurance, precautionary principle, Public trust doctrine, Sustainable development.

 

Unit-3
Teaching Hours:10
WATER AND AIR POLLUTION ACTS
 

 

Meaning and standards, Culprits and victims, Offences and penalties, Judicial approach.

 

Unit-4
Teaching Hours:10
ENVIRONMENT PROTECTION ACT, 1986
 

 

Protection agencies: power and functions, Protection: means and sanctions, Emerging protection through delegated legislation, Hazardous waste, Bio-medical waste, Genetic engineering, Disaster emergency preparedness, Environment impact assessment, costal zone management, Environmental audit and eco mark, Judiciary: complex problems in administration of environmental justice, Climate change – Legal control, permissible and impermissible noise.

 

Unit-5
Teaching Hours:4
TOWN AND COUNTRY PLANNING
 

 

Law: enforcement and constrain Planning – management policies.

 

Unit-6
Teaching Hours:10
FOREST AND WILDLIFE
 

 

Greenery conservation laws, Forest conservation, Conservation agencies, Prior approval and non-forest purpose, Symbiotic relationship and triBBL people, Denudation of forest: judicial approach, Wild life, Sanctuaries and national parks, Licensing of zoos and parks, State monopoly in the sale of wild life and wild life articles, offences against wild life, Prevention of Cruelty to Animals Act, 1960.

 

Unit-7
Teaching Hours:8
BIO-DIVERSITY
 

 

Legal control, Convention on Biological Diversity, 1992, Biodiversity Act, 2002 Control of eco-unfriendly experimentation on animals, plants, seeds and micro organism.

 

Text Books And Reference Books:

 

1.      Shibani Ghosh, Indian Environmental Law: Key Concepts and Principles, Orient Black Swan 2019.

 

2.      Rosencranz, Aarmin, et al., (eds.) Environmental Law and Policy in India. Oxford: OUP, 2000

 

3.      Singh, R. B., and Suresh Misra. Environmental Law in India. New Delhi: Concept Publishing Co., 1996.

 

4.      Thakur, Kailash. Environmental Protection Law and Policy in India New. Delhi: Deep and Deep Publications, 1997.

 

5.      Subhashini Muthukrishnan’s, Economics of Environment, PHI Learning Pvt. Ltd., New Delhi, 2010

 

6.      Riversz, Richard L., et.al. (eds.) Environmental Law: The Economy and Sustainable Development. Cambridge: CUP, 2000.

 

7.      Stone, Christopher D. Should Trees Have Standing and Other Essays on Law, Morals and the Environment. Oceana, 1996

 

8.      Leelakrishnan, P., et.al. (eds.). Law and Environment. Lucknow: Eastern Book Co., 1990.

 

9.      Leelakrishnan, P. The Environmental Law in India. New Delhi: Butterworths-India, 1999.

 

10.  Government of India. Department of Science and Technology. Report of the Committee for Recommending Legislative Measures and administrative Machinery for Ensuring Environmental Protection(Tiwari Committee Report). New Delhi.1980.

 

11.  Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No. 3, pp.353-801

 

12.  Centre for Science and Environment, The State of India’s Environment 1982, The State of India’s Environment 1984-85 and The State of Indian Environment 1999-2000.

World Commission on Environment and Development. Our Common Future. Oxford. 1987.

Essential Reading / Recommended Reading

 

1.      Shibani Ghosh, Indian Environmental Law: Key Concepts and Principles, Orient Black Swan 2019.

 

2.      Rosencranz, Aarmin, et al., (eds.) Environmental Law and Policy in India. Oxford: OUP, 2000

 

3.      Singh, R. B., and Suresh Misra. Environmental Law in India. New Delhi: Concept Publishing Co., 1996.

 

4.      Thakur, Kailash. Environmental Protection Law and Policy in India New. Delhi: Deep and Deep Publications, 1997.

 

5.      Subhashini Muthukrishnan’s, Economics of Environment, PHI Learning Pvt. Ltd., New Delhi, 2010

 

6.      Riversz, Richard L., et.al. (eds.) Environmental Law: The Economy and Sustainable Development. Cambridge: CUP, 2000.

 

7.      Stone, Christopher D. Should Trees Have Standing and Other Essays on Law, Morals and the Environment. Oceana, 1996

 

8.      Leelakrishnan, P., et.al. (eds.). Law and Environment. Lucknow: Eastern Book Co., 1990.

 

9.      Leelakrishnan, P. The Environmental Law in India. New Delhi: Butterworths-India, 1999.

 

10.  Government of India. Department of Science and Technology. Report of the Committee for Recommending Legislative Measures and administrative Machinery for Ensuring Environmental Protection(Tiwari Committee Report). New Delhi.1980.

 

11.  Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No. 3, pp.353-801

 

12.  Centre for Science and Environment, The State of India’s Environment 1982, The State of India’s Environment 1984-85 and The State of Indian Environment 1999-2000.

World Commission on Environment and Development. Our Common Future. Oxford. 1987.

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%

 

LAW561N - PRINCIPLES OF 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

 

Course description: This course has been conceptualized in order to understand the Criminal Jurisprudence and Principles involved in Criminal Law. For the said purpose the Course has been structured as   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 dealt in Unit 6.

Learning Outcome

CO 1: To distinguish offences on the basis of culpability level and make them understand the sources and functions of Criminal law.

CO 2: To enable students to identify the constituents of the offences by explaining the theories of Criminology

CO 3: To form a critical mind to analyze the interpretation of offences by elucidating the liability under the Criminal Law

CO 4 : To develop aptitude to analyze the degrees of criminal liability and ingredients of crime ? actus reus, mens rea, concurrence and causation - in order to establish criminal liability

CO 5 : To demonstrate the ability to evaluate the basis of punishment awarded on the basis of the theoretical concepts

Unit-1
Teaching Hours:10
Unit 1: 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
Unit 2: 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:10
Unit 3: 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
Unit 4: Classification Of Crimes
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

Unit-5
Teaching Hours:10
Unit 5: Parties to Crime
 

Introduction, Principals in 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:10
Unit 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, 2018.

1. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2017.

2. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2018.

3. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2018.

4. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007

5. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.

6. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2020.

7. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.

8. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.

9. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.

10. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.

11. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.

12. Vold, George B. Theoretical Criminology. 5thed. New York: Oxford University Press, 2002.

Essential Reading / Recommended Reading

1. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.

2. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.

3. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009.

4. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.

 

Evaluation Pattern

Course Code

Course Title

Assessment details

BBL583

Principles of Criminal 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%

LAW576N - RESEARCH METHODOLOGY (2021 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 scientific method of social science research. This course is expected to provide the knowledge of the technique of selection, collection and interpretation of primary and secondary data in socio-legal research. Emphasis would be laid on practical training in conducting research, writing a research report in this course. Unit I deals with basics of legal research. Unit II deals with formulation of research problem and research design. Unit III deals with Research Methods. Unit IV deals with Research ethics and Report Writing.

Learning Outcome

CO1: Survey Literature to identify gaps in knowledge.

CO2: Write literature review.

CO3: Formulate research problem and identify research questions.

CO4: Analyse the issues related to applicability of scientific methods in legal research.

CO5: Apply appropriate research method.

CO6: Evaluate as against other different forms of research designs.

CO7: Draw appropriate suggestions and conclusions based on sound logical legal reasoning.

Unit-1
Teaching Hours:15
Basics of Legal Research
 

Meaning and Origin of research, objectives of legal research - Characteristics of scientific method – applicability of scientific method - Employing scientific methods in legal research, Kinds of Research - Concepts and constructs- relationship between theory and fact -Stages of Research Process, Literature Review.

Unit-2
Teaching Hours:15
Research Problem and Research Design
 

Formulating Research problem, Selection of Research topic – drives and motives, News/ Observation/ Socio-legal problem/ contemporary developments; Case Analysis, Finding of ratio- decidendi, Analysis of legal reasoning in judicial decisions, Finding the relevant law and its constitutional basis, Research Problem – Definition, Determination, Research Questions, Research Design – Meaning and essentials of Research Design- Forms of Research Design and major steps, Note cards in research.

Unit-3
Teaching Hours:15
Research Methods
 

Inductive and deductive legal reasoning, Distinction between Research Methods and Methodology, Basic and Applied research, Qualitative and Quantitative research, Types of Research – Descriptive, Analytical, Diagnostic and Historical, Introduction to Research Design, Sampling techniques, Sources of Data, Data Analysis  and interpretation.

Unit-4
Teaching Hours:15
Research Ethics and Report Writing
 

Writing Abstract, Research report, Citation styles, Use of figures, graphs and charts in reports, Ethics and integrity in research-Respect- Beneficence -Justice – Plagiarism; Questionable Research Practices- Harking- P-hacking- Cherry picking- Data snooping.

Text Books And Reference Books:

           1.. Whitney, F.L, The Elements of Research

2.      2. Goode. William J And Hatt. Faul, H, Methods In Social Research

3.      3. I.L.I Legal Research And Methodology

4.      4. Verma S K, Legal Research & Methodology

5.      5. Verma, S.K & Afzal Wani, M, Legal Research And Method

Essential Reading / Recommended Reading

1.                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

Submission of literature review and viva - 20%

Written exam or presentation – Statement of Problem, research questions and research methodology – 20%

Submission of completed research paper, weekly diary/ research notes, Coursera certificate – 15%

Attendance-5%

Publication of Research Paper – 30%

 

Viva – 10%

LAW651N - CRIMINAL LAW I (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 has been conceptualized in order to understand different crimes defined in the Indian Penal Code 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 Indian Penal Code 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 tranquillity 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, UNIT 6 centres around offences relating to the property. UNIT 7 revolves around another segment of crimes having a bearing on society, namely, offences relating to marriage, UNIT 8 is devoted to other offences and UNIT 9 POCSO ACT.

Course Objectives

The primary objective of criminal law is

1.      to maintain law and order in the society and to protect the life and liberty of people.

2.      To safeguard and protect against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or ineffective. Nor can it be harsh and arbitrary in its impact.

3.      To apply law uniformly regardless of any discrimination on grounds of class, caste, religion, sex or creed etc. of either the criminal or the victim.

To generate critical thinking among the students about the stated objectives of criminal law and enable

Learning Outcome

CO1: Identify the elements of every offense and their respective punishment mentioned in the Indian Penal Code.

CO2: Explain the Evolution of the Indian Penal Code over the period from its enactment along with major amendments.

CO3: Apply the principles discussed in the Indian Penal Code 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
UNIT 1: GENERAL INTRODUCTION
 

 

Constituent elements of crime, Extent and application of Indian Penal code, Structure of IPC, Understanding definitions, General Explanations.

 

Unit-2
Teaching Hours:6
OFFENCES AGAINST STATE
 

Definition, Punishment, Offences against state, Waging war, Sedition, Responsibility of public servant

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:6
OFFENCES RELATING TO HUMAN BODY
 

Homicide, Murder, Suicide, Causing Miscarriage, Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction

Unit-5
Teaching Hours:6
SEXUAL OFFENCES
 

Rape, Unnatural offences.

Unit-6
Teaching Hours:6
OFFENCES AGAINST PROPERTY
 

Theft, Extortion, Robbery, Dacoity, Misappropriation, Criminal Breach of Trust, Receiving Stolen Property, Cheating, Trespass, Forgery, Falsification of Accounts, False, Criminal Breach of Contract of Service

Unit-7
Teaching Hours:6
OFFENCES RELATING TO MARRIAGE
 

Bigamy, Adultery, Cruelty by Husband and Relatives, Dowry Death.

Unit-8
Teaching Hours:6
OTHER OFFENCES
 

Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences

Unit-9
Teaching Hours:6
POCSO ACT
 

POCSO ACT                                                                                           

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.

    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

Sinester, A. P. Criminal Law: Theory and Doctrine. Oregon, Hart Publishing, 2007.

Thakker, C. K. Ratanlal & Dhirajlal’s Law of Crimes. 2 Vols. 26thed. New Delhi: Bharat Law House, 2007.

Evaluation Pattern

 

Course Code

Course Title

Assessment details

BAL651/BBL651

Principles of Criminal 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%

LAW652N - CONSTITUTIONAL 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

 

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.

Course Objectives: 1. To bring out the importance of the system of Governance and the role of the executive in the Indian Constitution. 2.  To describe the compostion of the Parliament and the members therein. 3. To understand the role of Supreme Court as a Court of Justice. 4. To brief about the Centre-State finacial relations and specific to GST. 5. To give an overview about the role of Governments in entering into Contracts and the application of Doctrine of Pleasure. 6. To demonstrate about the different types of emergency and the consequences of imposing it.

Learning Outcome

CO1: Understand the system of government and the fundamental principles governing its organization stipulated under the Constitution of India

CO2: Interpret the provisions underlying emergency and amending powers as well as working of the Centre State relationship under the Constitution of India.

CO3: Understand the meaning, nature and concept of federalism, its essential features and be able to familiarize with the Indian federal structure and its status quo in the contemporary era

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-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
RELATIONSHIP BETWEEN CENTRAL & STATE GOVERNMENT
 

Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations.

Unit-5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Government contracts, Recruitment and conditions of service, Doctrine of pleasure

Unit-6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

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 Uni

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 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.

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 %

LAW653N - COMPANY 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 OBJECTIVES: The purpose of this course is to study the internal functioning of a company. In the course of this programme the students will be introduced to the basic power structure in a company, the law regulating the appointment of directors, the directors’ duties, matters governing board meetings, matters governing company meetings, the concept of majority rule, and its exceptions, modes of winding up of company and distribution of assets in the event of winding up.

COURSE DESCRIPTION: In the light of the above, Unit 1 seeks to introduce the powers of a Board vis-a-vis a General Meeting in view of 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 oft-debated issues, viz., accounts and audit. While Unit 5 speaks about the financial implications in light of dividends, Unit 6 deals with the majority rule. Unit 7 emphasizes the liquidation of a company and winding up.

Learning Outcome

On the successful completion of the course, students will be able to:

1. Explain the legal issues in the administration and management of a registered company.

2. Analyze the principles laid down in the leading case laws.

3. Apply and Critique the efficacy of those principles in the working of Modern Corporation.

Unit-1
Teaching Hours:9
DIVISION OF POWERS BETWEEN THE GENERAL MEETING 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.

Unit-2
Teaching Hours:9
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 Board, Appointment 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

Unit-3
Teaching Hours:8
MEETINGS
 

General Meeting as an Organ of the Company and its Operation, Types of Meetings, Transaction of the Business by the General Meeting. Procedural Requirements with regard to General Meeting.

Unit-4
Teaching Hours:8
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, 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:8
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:8
MAJORITY RULE
 

Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts

Unit-7
Teaching Hours:10
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDINGUP ON OVERVIEW
 

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. 

Voluntary Winding up – Member’s Voluntary Winding up, Creditor’s Voluntary Winding up, Declaration of Solvency, Appointment of Liquidator, Committee of Inspectors, Powers and Duties of liquidators in Voluntary winding up 

Fradulent Trading, Misfeasing Proceedings, Public and Private examination, Effect of Winding Up on Antecedent Transactions, Realisation 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. Offences in winding up, Dissolution of companies through winding up, Defunct companies and Registrar’s power under section 560.

Text Books And Reference Books:

1. Prachi Manekar, Insights into the new Company Law, Lexis Nexis2013.

2. Nicholas Bourne, Bourne on Company Law, Routledge, 2013.

3. Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 1997.

4. Palmer. Palmer’s Company Law. London: Stevens, 1987.

5. Pennington R. R. Company Law. Butterworths, 1990.

6. Ramaiya, Guide to the Companies Act. Wadha, 1998.

7. Sealy, L. S. Cases, and Materials in Company Law. 2007.

Essential Reading / Recommended Reading

1. Prachi Manekar, Insights into the new Company Law, Lexis Nexis2013.

2. Nicholas Bourne, Bourne on Company Law, Routledge, 2013.

3. Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 1997.

4. Palmer. Palmer’s Company Law. London: Stevens, 1987.

5. Pennington R. R. Company Law. Butterworths, 1990.

6. Ramaiya, Guide to the Companies Act. Wadha, 1998.

7. Sealy, L. S. Cases, and Materials in Company Law. 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%

LAW654N - LABOUR AND INDUSTRIAL 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

 

Labour legislation in India grew with the growth of industry. In India, a number of wage legislations have been enacted to promote the condition of the labour keeping in view the development of industry and national economy. Labour legislation in any country should be based on the principles of social justice, social equity, international uniformity and national economy. In any industrial society the problem of labour management relations becomes so important that some sort of social insurance becomes necessary to provide adequate protection from losses caused to the labourers by accidents and similar contingencies. The earliest of such legislation is the Employees’ Compensation Act, 1923 which ensures payment of compensation in case of a personal injury caused by an accident arising out of and in the course of employment. The Minimum Wages Act, 1948; The Factories Act, 1948; The Payment of Wages Act, 1936 are few other legislations based on the principle of social justice. In our country, a number of social security legislations have been enacted from time to time. The Maternity Benefit Act, 1961 primarily provides for maternity leave to woman workers. The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 provides for retirement benefits. The Employees’ State Insurance Act, 1948 which provides for medical, sickness, dependent and disablement benefits.

Learning Outcome

CO 1: CO1: Understand different statues pertaining to social security benefits in labour and industrial employment domain.

CO 2: CO2: Examine the merits and demerits of various social security schemes with respect to health, safety and welfare measures in India.

CO 3: CO3: Apply the knowledge about redressal mechanism relating to employer ? employee disputes.

CO 4: CO4: Analyse the important provisions of labour and employment related statutes.

CO 5: CO5: Evaluate labour codes based on contemporary issues pertaining to employer ? employee relations.

CO 6: CO6: Create arguments for the clients based on the subject issues.

Unit-1
Teaching Hours:15
UNIT- 1: SOCIAL SECURITY CODE (National and Regional)
 

UNIT- 1: SOCIAL SECURITY CODE (National and Regional)    Hours: 10

Unit details: PART -1

1.1  THE EMPLOYEES’ COMPENSATION ACT, 1923

1.1.1       Liability of the employer for industrial accidents;

1.1.2       doctrine of notional extension of employment;

1.2  THE EMPLOYEES STATE INSURANCE ACT, 1948

1.2.1       Objects, salient features, application and definitions,

1.2.2       dependent, employment, employee, apprentice, family manufacturing process, factory, occupier, disablement, wages, expenses from ESI fund, contribution;

1.2.3       recovery of contributions, benefits. (National)

1.3  THE EMPLOYEES’ PROVIDENT FUND & MISCELLANEOUS PROVISIONS   ACT, 1952                                                                                                          Hours: 8                                                                    

1.3.1       Objects, salient features, application and definitions;

1.3.2       EPF Scheme; employees’ pension scheme, Protection against attachment, priority of payment if contributions over other debts,

1.3.3       penalties,

1.3.4       offences by companies,

1.3.5       establishment exempted from EPF Act,

1.3.6       Transfer of Account and liability in case of transfer of establishment.

 

PART – 2

1.4  THE PAYMENT OF GRATUITY ACT, 1972                                             Hours: 8                                                                                                                

1.4.1       Controlling authority, Payment of gratuity, Compulsory insurance,

1.4.2       Nomination, determination of the amount of gratuity,

1.4.3       authorities under the Payment of Gratuity Act, 1972. (National and Regional)

1.5  THE MATERNITY BENEFIT ACT, 1961                                                    Hours: 6                                                      

1.5.1       Objects, salient features, application and definitions,

1.5.2       prohibition of employment during certain periods,

1.5.3       right to payment of maternity benefit;

 

1.5.4       powers and duties of inspectors.

Unit-2
Teaching Hours:15
UNIT - 2: WAGE CODE (National and Regional)
 

UNIT - 2: WAGE CODE (National and Regional)                                                Hours: 12                                                                            

 

        2.1 THE PAYMENT OF WAGES ACT, 1936

1.1.2       Objects, salient features, application and definitions,

1.1.2       Payment of wages and deductions from wages,

1.1.3       Authorities, penalty for offences under the Payment of Wages Act.

        2.2 THE MINIMUM WAGES ACT, 1948                                

2.2.1 Objects, salient features, definition under the Minimum Wages Act,

2.2.2 ‘scheduled employment’, minimum wages and fixation of minimum wages,

2.2.3 employee, overtime, piece work, claims,

2.2.4 offences and penalties,

2.2.5       exemptions and exceptions.

 

2.3 THE PAYMENT OF BONUS ACT, 1965

2.3.1 Objects, salient features, bonus as deferred wages;

2.3.2 application and definitions;

2.3.3 establishment, profits, eligibility and disqualification for bonus;

2.3.4 payment of minimum and maximum bonus, time limit for payment of bonus;

2.3.5 offences by companies.

 

 

Unit-3
Teaching Hours:15
UNIT - 3: OSH CODE (OCCUPATIONAL, SAFETY, HEALTH AND WORKING CONDITIONS CODE) ? 2020 (National and Regional)
 

UNIT - 3: OSH CODE (OCCUPATIONAL, SAFETY, HEALTH AND WORKING CONDITIONS CODE) – 2020 (National and Regional)

3.1  THE FACTORIES ACT, 1948                                                                          Hours: 8

3.1.1       Introduction, Scope, Applicability, Definitions: factory, occupier, manufacturing process, hazardous process, worker, approval,

3.1.2       Licensing and Registration of Factories,

3.1.3       Notice by Occupier, Duties of Occupier and Manufacturer,

3.1.4       Health, Safety and Welfare Measures,

3.1.5       Working hours of adults,

3.1.6       Employment of Young Persons,

3.1.7       Leaves and Wages.

 

3.2  Need for Codification of labour laws.

Unit-4
Teaching Hours:10
UNIT - 4: LABOUR: PROTECTION OF THE VULNERABLE (National and Regional)
 

UNIT - 4: LABOUR: PROTECTION OF THE VULNERABLE (National and Regional)

            4.1 SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013                                                    Hours: 8                                                                                                                                         

          Unit details:

4.1.1 Vishakha and others v. State of Rajasthan (AIR1997 SC 3011)

4.1.2 Objective of the Act, definitions,

4.1.3 constitution of Internal Complaint Committee,

4.1.4 Constitution of Local Complaints Committee, Complaint, Inquiry in to Complaint,

4.1.5 Duties of Employer, Duties and Powers of District Officer.

 

4.2 Contract Labour (Regulation and Abolition) Act, 1970

4.2.1 Object and Reasons, Definitions

4.2.2 Regulation of employment of Contract Labour in certain establishments

4.2.3 Abolition of contract labour in certain circumstances.

4.2.4 Offences and Penalties

Text Books And Reference Books:

Essential Readings

1.     Bhatia. Constructive Industrial Relations and Labour Laws, 2003

2.     Kumar, Labour Problems and Remedies, 2007

3.     Kumar, H. L. Obligations of Employer Under Labour Law, Delhi 2005

4.     Kumar, Sanjeev. Industrial and Labour Laws, 2004

5.     Pillai, Madhavan. Labour and Industrial Law, 1998

6.     Pai G. B. Labour Law in India, 2001

7.     Sharath Babu. Social Justice and Labour Jurisprudence, 2007

8.     Sharma, J. P. Simplified Approach to Labour Laws, 2006

9.     Srivastava. Commentaries on the Factories Act, 1948

10.  Srivastava. Labour Law & Labour Realtuiobs: Cases and Materials, 2007

 

11.  Misra S.N. Labour and Industrial Laws, 2021

Essential Reading / Recommended Reading

SUGGESTED READINGS

1. Bhatia. Constructive Industrial Relations and Labour Laws, 2003.

2. Kumar, Labour Problems and Remedies, 2007.

3. Kumar, H. L. Obligations of Employer Under Labour Law, Delhi 2005.

4. Kumar, Sanjeev. Industrial and Labour Laws, 2004.

5. Pillai, Madhavan. Labour and Industrial Law, 1998.

6. Pai G. B. Labour Law in India, 2001.

7. Sharath Babu. Social Justice and Labour Jurisprudence, 2007.

8. Sharma, J. P. Simplified Approach to Labour Laws, 2006.

9. Srivastava. Commentaries on the Factories Act, 1948.

10.Srivastava. Labour Law & Labour Realtuiobs: Cases and Materials, 2007.

Evaluation Pattern

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%

LAW665N - INTELLECTUAL PROPERTY LAW (2021 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 inIndia

 

 

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 IPprotection

 

 

Learning Outcome

CO1: 1. Identify the different forms of intellectual property and describe the importance of protection of IP.

CO2: 2. List out the criteria/essential requirements of IP protection, duration, rights conferred and remedies provided.

CO3: 3. Apply the principles of IP protection to legal problems correctly.

CO4: 4. Analyse the issues related to infringement of IP.

CO5: 5. Evaluate as against other the international legal framework related to IP protection and articulate the problem areas for the deficiency.

CO6: 6. Propose a solution to the existing IP problems in India

Unit-1
Teaching Hours:10
Unit I: HISTORICAL EVOLUTION OF INTELLECTUAL PROPERTY
 

 

1.      Philosophical and theoretical justifications for IPRs;

2.      Types of Intellectual Property;

3.      Historical evolution of different types of IPRs;

4.      Philosophical evolution of different types of IPRs;

 

Unit-2
Teaching Hours:12
PATENTS
 

1.      Subject matter of patents;

2.      Criteria for protection;

3.      Procedure for getting patent protection;

4.      Concept of territoriality;

5.      Overview of the procedure for getting protection at the national level;

6.      Overview of the procedure for getting protection abroad;

7.      Ownership and assignment;

8.      Infringement and Remedies;

9.      Limitation and exceptions to patent rights;

10.  Compulsory licensing and protection of national interests.

Unit-3
Teaching Hours:12
COPYRIGHT
 

1.      Subject matter of copyright;

2.      Criteria for copyright protection;

3.      Idea expression dichotomy and merger doctrine;

4.      Bundle of rights provided under copyright law;

5.      Moral rights;

6.      Assignment and licensing of copyright;

7.      Collective management of copyright;

8.      Infringement;

9.      Remedies;

10.  Limitations and exceptions to copyright.

Unit-4
Teaching Hours:12
TRADEMARK
 

1.      Subject matter of trademarks;

2.      Criteria for protection;

3.      Procedure for getting trademark protection;

4.      Grounds for refusal;

5.      Absolute and relative grounds;

6.      Infringement of trademarks;

7.      Passing off;

8.      Remedies;

9.      Exceptions and limitations;

10.  Domain names and cybersquatting..

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

1.      Subject matter of protection;

2.      Criteria for protection;

3.      Grounds for refusal;

4.      Ownership and assignment of rights;

5.      Infringement;

6.      Remedies;

7.      Exceptions and limitations;

8.      Overlap between copyright and design protection;

9.      Overlap between trademark and design protection;

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

1.      Trade secrets;

2.      Geographical Indications;

3.      Plant varieties and farmers rights;

4.      Protection of biodiversity;

5.      Protection of traditional knowledge and traditional cultural expressions;

6.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.BiotechnologyfromAtoZ.2nded.VCH,FederalRepublic of Germany,1998.

 

 

5.     Bainbridge,David.IntellectualProperty.5thed.Addison-WesleyLongman Ltd,2002.

 

 

6.        Colston, Catherine, and Kirsty Middleton. Modern IntellectualProperty Law. 2nd ed, Cavendish Publishing,2005.

 

 

7.           Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of TrademarksandTradeNames.14thed,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.  CopingerandSkoneJamesonCopyright,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.TheProtectionofBiodiversityandTraditionalKnowledgein 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,NeilJ.,andDanielBurkitt.TrademarkLicensing.2nded,Sweet& Maxwell,2005.

 

 

19.   Adeney, Elizabeth. The Moral Rights of Authors and Performers: An InternationalComparativeAnalysis.London:OxfordUniversityPress,2006.

 

 

20.Dutfield,Graham.IntellectualPropertyRightsandtheLifeScienceIndustries. 2nd ed, Ashgate Publishing,2003.

 

 

21.    Fairpo, Anne. Taxation of Intellectual Property. 2nd ed, Bloomsbury Professional, 2009.

 

 

22.  Eastaway,Nigel,etal.IntellectualPropertyLawandTaxation,Thomson Reuters/Sweet & Maxwell,2008.

 

 

23.  Gopalakrishnan, N. S. & Agitha T. G, Principles of Intellectual Property, Eastern Book Company,2009


24.Watal,Jayashree,IntellectualPropertyRightsintheWTOandDeveloping Countries, Oxford University Press2001

 

 

25.AkhilPrasadandAditiAgarwala,CopyrightLawDeskBook:Knowledge, AccessandDevelopment,UniversalLawPublishingCo.2009

 

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen2008

 

 

27.Cohen,Lorenet.al,CopyrightintheGlobalInformationEconomy,Aspen, 2nd ed.,2006

 

 

28.PeterK.Yu,IntellectualpropertyandInformationWealth:IssuesandPractices 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 Elgar2009

 

 

30.Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in Business, 2nded.,2001

 

 

31.  Stavroula Karapapa, Private Copying, Routledge2012

 

 

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 International2006


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.BiotechnologyfromAtoZ.2nded.VCH,FederalRepublic of Germany,1998.

 

 

5.     Bainbridge,David.IntellectualProperty.5thed.Addison-WesleyLongman Ltd,2002.

 

 

6.        Colston, Catherine, and Kirsty Middleton. Modern IntellectualProperty Law. 2nd ed, Cavendish Publishing,2005.

 

 

7.           Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of TrademarksandTradeNames.14thed,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.  CopingerandSkoneJamesonCopyright,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.TheProtectionofBiodiversityandTraditionalKnowledgein 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,NeilJ.,andDanielBurkitt.TrademarkLicensing.2nded,Sweet& Maxwell,2005.

 

 

19.   Adeney, Elizabeth. The Moral Rights of Authors and Performers: An InternationalComparativeAnalysis.London:OxfordUniversityPress,2006.

 

 

20.Dutfield,Graham.IntellectualPropertyRightsandtheLifeScienceIndustries. 2nd ed, Ashgate Publishing,2003.


21.    Fairpo, Anne. Taxation of Intellectual Property. 2nd ed, Bloomsbury Professional, 2009.

 

 

22.  Eastaway,Nigel,etal.IntellectualPropertyLawandTaxation,Thomson Reuters/Sweet & Maxwell,2008.

 

 

23.  Gopalakrishnan, N. S. & Agitha T. G, Principles of Intellectual Property, Eastern Book Company,2009

 

 

24.Watal,Jayashree,IntellectualPropertyRightsintheWTOandDeveloping Countries, Oxford University Press2001

 

 

25.AkhilPrasadandAditiAgarwala,CopyrightLawDeskBook:Knowledge, AccessandDevelopment,UniversalLawPublishingCo.2009

 

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen2008

 

 

27.Cohen,Lorenet.al,CopyrightintheGlobalInformationEconomy,Aspen, 2nd ed.,2006

 

 

28.PeterK.Yu,IntellectualpropertyandInformationWealth:IssuesandPractices 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 Elgar2009

 

 

30.Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in Business, 2nded.,2001

 

 

31.  Stavroula Karapapa, Private Copying, Routledge2012


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 International2006

 

 

35.  V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013

Evaluation Pattern

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

 

 

·      CIA II – MidSemesterExamination–25%

 

 

·      CIA III –ResearchTopic–10%

 

 

·      Attendance–05%

 

 

·      EndSemesterExamination–50%

 

 

TOTAL 100%

LAW686AN - LAW OF CORPORATE INSOLVENCY (2021 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 the course is to impart to the students the conceptual foundations of corporate insolvency law. The course will help students to develop an understanding of the basic concepts and principles of Indian Insolvency law and the working of the Insolvency and Bankruptcy Code 2016, to evaluate the key theoretical and practical issues affecting corporate insolvency, to create an awareness of the contemporary international developments and an ability to analyse relevant problems affecting the rights of debtors, creditors and other stakeholders under the Corporate Insolvency Resolution Process.The Course also provides an insight into the insolvency issues of Multi-National Corporations and Cross Border Insolvency. 

Learning Outcome

CO1: On completion of the first module students will be able to have a basic understanding on the concepts involved in Insolvency and Corporate Insolvency Law.

CO2: On completion of the second module students will be able to understand the different modes of winding up in India and compare and contrast between the winding up provisions under Companies Act and under IBC.

CO3: On completion of the third module the students will be able to analyse the objectives, features and reasons for the enactment of Insolvency and Bankruptcy Code and apply problem solving skills.

CO4: On completion of the fourth and fifth module the students will be able to compare and contrast different debt recovery options available to creditors and analyze the role of the insolvency professionals and other officers in a CIRP and liquidation.

CO5: On completion of the sixth module students will be able to evaluate the different corporate rescue methods available in India and undertake a research on the relevant issues related to corporate insolvency.

CO6: On completion of the seventh module students will be able to develop an understanding on the international developments in cross border corporate insolvency law and evaluate the Indian insolvency law and insolvency law of other countries.

Unit-1
Teaching Hours:10
INTRODUCTION TO THE CONCEPT OF INSOLVENCY AND CORPORATE INSOLVENCY
 

Brief Historical Perspective on the Concept of Insolvency, Indian Constitution on Insolvency, Personal Insolvency Legislations in India, Acts of Insolvency under the Personal Insolvency Legislations, Conceptual analysis-Insolvency, Winding-up, Liquidation, Dissolution, Bankruptcy, Over view on the Legal and Procedural framework relating to Corporate Insolvency in India.

Unit-2
Teaching Hours:15
MODES OF WINDING UP AND PROVISIONS APPLICABLE TO ALL MODES OF WINDING UP
 

Different modes of Winding up, winding up provisions under the Companies Act 2013, Comparison of Companies Act 2013 vis a vis IBC, Provisions regarding Fast Track winding up and Voluntary winding up under IBC, Proof and ranking of claims Realisation of assets and Distributions of assets in winding up, Effect of winding up on antecedent and other transactions, Provisions as to dissolution.

Unit-3
Teaching Hours:10
INSOLVENCY AND BANKRUPTCY CODE 2016
 

Objectives and salient features of IBC, reasons for the enactment of Insolvency and Bankruptcy code, applicability of IBC in Individual and Corporate Insolvency Process, Corporate Insolvency Resolution Process-Law and Procedure- Role of Committee of Creditors, Rights of Corporate Debtor, Financial and Operational Creditor, Liquidation Procedure, IBC Amendment Acts

Unit-4
Teaching Hours:5
SPECIAL OFFICERS APPOINTED UNDER THE INSOLVENCY AND BANKRUPTCY CODE
 

Insolvency Professionals and Information Utilities under IBC, Appointment of Insolvency Professionals, Role, Powers and duties of Interim Resolution Professionals and Resolution Professionals, Regulations applicable to Insolvency Professionals, Appointment, Powers and duties of Liquidator.

Unit-5
Teaching Hours:10
THE ROLE OF ADJUDICATING BODY, IBBI AS A REGULATOR AND OFFENCES DURING WINDING UP
 

Role of NCLT/NCLAT, IBBI and other institutions, Powers and functions of the IBBI, powers of NCLT/NCLAT, Offences during Winding up, Fraudulent Trading, Liability of directors and partners, Prosecution of delinquent officers and members.

Unit-6
Teaching Hours:5
RESTRUCTURING OF COMPANIES IN TRAUMA
 

Determination of Industrial ‘Sickness’, Law and procedure of revival and rehabilitation of sick industrial companies, Methods of Restructuring the Sick companies, Corporate Rescue, Provisions regarding Compromise and Arrangement under the Companies Act 2013, RBI regulations/circulars, Pre-packs in India.

Unit-7
Teaching Hours:15
INSOLVENCY OF MULTINATIONAL CORPORATIONS
 

The emergence of corporate groups, entity versus enterprise, Insolvency goals in a transnational context, Universalism, Territorialism and Contractualism, Insolvency laws of the United States and United Kingdom, Cross-Border Insolvency, The Insolvency laws of the United States and the United Kingdom.

Text Books And Reference Books:

1. McPherson, Law of Company Liquidation, Sweet and Maxwell, (2001)

2. Vanessa Finch, Corporate Insolvency Law: Perspectives and Principles, Cambridge University Press, (2009)

3. Fletcher, Ian F, The Law of Insolvency, Sweet & Maxwell, (2009)

4. Ramaiya, Guide to the Companies Act-2013 (2014)

5. Pollard, David, Corporate Insolvency: Employment and Pension

Rights, Hayward’s Heath, West Sussex: Tottel Pub., (2007)

6. Bailey, Edward; Groves, Hugo, Corporate Insolvency: Law and Practice , Butterworths: Lexis Nexis, (2003)

7. Worthington, Sarah; Sealy, L. S, Sealy's Cases and Materials in Company

Law, LexisNexis Butterworths, (2005)

8. David MilaMan, Chris Durrant, Corporate insolvency: Law and Practice (2011)

9. Rebecca James Parry, Transaction Avoidance in Insolvencies (2009)

 

Essential Reading / Recommended Reading

1. R.M. Goode, Principles of Corporate Insolvency Law Sweet and Maxwell (2008)

2. Hamish Anderson, The Framework of Corporate Insolvency Law (2017 Ed)

3. Corporate Insolvency, Law & Practice, Sumant Batra, 2017

4. Jennifer Payne, Schemes of Arrangement: Theory, Structure and Operation (CUP,2014,2nd ed 2021)

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%

LAW686EN - SECURITIES LAWS (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 growing global economy, India must also compete successfully for capital against large dynamic nations and well-developed capital markets. Leading legal systems have recognized the importance of a securities market regulatory system that protects investors and encourages fair, transparent, efficient and liquid markets in attracting and keeping capital. The continued growth of our capital markets and their potential for accelerated growth over the next decade and beyond, create enormous demands and opportunities for lawyers and other skilled securities market professionals with expertise in securities laws. The course will also develop broad perspectives on Indian and international securities laws in all their dimensions set forth the foundation of securities laws in India with an emphasis on a comparative study across various jurisdictions with the objective of law reform and be instrumental in investor education as it relates to investor protection.

Learning Outcome

CO-1: Identify the laws applicable for the regulation of the securities market.

CO-2 : Analyse the SEBI guidelines applicable for raising and maintenance of capital.

CO-3: Understand the working of Stock exchanges.

CO-4: Apply the laws to ensure disclosure requirements of the listing of securities in the market.

Unit-1
Teaching Hours:7
GENESIS AND DEVELOPMENT OF REGULATORY FRAMEWORK
 

Introduction, Functioning of Securities Market, Securities market and economic growth, Evolution and growth of securities market, Securities market reforms, Regulatory frameworks of the securities market. Powers of Central Government for control on the securities market. Developed capital markets – International organization of securities commissions (IOSCO)        

Unit-2
Teaching Hours:7
SECURITIES MARKET AND INSTRUMENTS
 

Capital market instruments, Primary market, Secondary market, Debt market, Money market, Regulatory framework for the regulation of stock exchanges, Corporatization and demutualization of Stock exchanges.

Unit-3
Teaching Hours:7
SECURITIES MARKET INFRASTRUCTURE
 

Regulation of Market intermediaries, Regulatory framework of credit rating, Guidelines for credit rating agencies, Framework for SME exchanges, Over the Counter exchanges, Clearing corporations, Depository system, Self-regulatory organizations (SRO)

Unit-4
Teaching Hours:7
EXTERNAL PARTICIPANTS IN SECURITIES MARKET
 

Foreign Institutional investor – investment conditions and restrictions- general obligations and responsibilities, Foreign portfolio investors, Depository receipt mechanism under FEMA regulations, Indian Depository receipts under FEMA, 1999, Guidelines for Anti-money laundering.

Unit-5
Teaching Hours:7
INSIDER TRADING, MARKET MANIPULATION AND FRAUD
 

 

 

Elements of insider trading violations, market manipulation and financial and other fraud.The amended SEBI (Prohibition of Insider Trading) Regulations, 2015 in India.Methods of Surveillance, detection and deterrence.

Unit-6
Teaching Hours:7
LIABILITIES FOR SECURITIES LAWS VIOLATIONS
 

 

Legal remedies, and the consequences of non-compliance under SEBI regulations, SEBI's jurisdiction, powers and functions, private rights of action and class action suits, Securities Exchange Board of India (SEBI), investigations, adjudications, securities appellate tribunal, SAT Powers and Procedures.SEBI (Substantial Acquisition of Shares) Regulation, 2011

Unit-7
Teaching Hours:9
INVESTOR PROTECTION
 

Rights and responsibilities of investors, Common Grievances of Investors, Redressal of Investor Grievances, Legal framework for Investor Protection in India - Investor Education and Protection Fund, SEBI (Investor Protection and Education Fund) Regulations, 2009.Ombudsman - Investor Education, SEBI (Informal Guidance) Scheme, 2003

Unit-8
Teaching Hours:7
TAXATION OF SECURITIES
 

Basic concepts and relevant provisions of the Income Tax Act, 1961, capital gains, taxation of bonus shares, rights, shares, convertible debentures and employee stock option plans (ESOPs). Taxation of speculation business, set-off and carry forward of losses, advance rulings.                                               

Text Books And Reference Books:
  1. Avdhani. V.A, Himalaya Publishing House, 2005, Investment and Securities Markets in India.
  2. J. Kondaiah, Lexis Nexis, 2015, Securities Law
  3. Saha, Taxmann Publication, 2016, Capital market and Securities laws.
  4. Jain and Jain, Bharat Publications, 2016, Listing Obligations and Disclosure Requirements.
  5. NitiBhasin, New Century Publications, 2012, Foreign Direct Investment In India.
  6. Khan. M. Y, Tata McGraw Hill Publication, 2009, Financial Services.
  7. Khan. M.Y., Indian Financial System, Tata McGraw Hill, 2009.
  8. K.P.M. Sundaram, P.N.Varshney, Sultan Chand and Sons, Banking theory, Law and Practice
  9. Dixit, Yadavand Jain, “Derivative markets in India: Trading, Pricing and Risk management”, Tata McGraw Hill, New Delhi.
  10. M. Sonarajah, “The International Law on Foreign Investment”, Cambridge University Press. 
Essential Reading / Recommended Reading

 1.  Elis Ferran, Company Law and Corporate Finance

  2.  Gower and Davies, Principles of Modern Company Law 

   3. Palmer, Company Law.

    4. Pennington, Company Law.

    5. Joel and Seligman, Securities Market Regulation.

Evaluation Pattern
  1. Farrar, John, H. and Hanniyan, Brenda, Farrr's Comp any Law, (1998) Butterworths, London.
  2. Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi.
  3. Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co., New Delhi.
  4. Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999) Butterworths, London.
  5. PurithavathyPandian, Vikas Publishing House, Delhi .Security Analysis and Portfolio Management.
  6. Kucchal. S.C, Chaitanya publishing House,21st ed. Corporate Finance.
  7. Shekhar. K.C. ShekarLekshmy, Vikas Publishing House, 20th ed, Banking Theory and Practice.
  8. Dr S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions.
  9. Mithani. D.M, Himalaya Publishing House, Money banking, International Trade and Public Finance.
  10. Singh Preeti, Himalaya Publishing House, Investment management.
  11. G.VijayragvanIyenger, Excel books, New Delhi, Introduction to Banking.
  12. Bholey. L. M, Financial Institutions and Markets.

LAW751N - ADMINISTRATIVE LAW (2020 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 the 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 the legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

Learning Outcome

CO1: Discuss the basic doctrines of administrative law, to describe delegated legislation and quasi legislation, to discuss the concept and components of natural justice

CO2: Explain the difference between discretionary functions and ministerial functions

CO3: Enumerate grounds on which the judiciary may review administrative actions and explain the related doctrines

CO4: Analyse the importance, merits and demerits of quasi-judicial bodies

CO5: Examine the grounds to obtain remedies against the government

CO6: Evaluate the functioning of different institutions for redressal against maladministration

CO7: Fix the liability of the government on the basis of hypothetical facts and frame defence on the part of the government

Unit-1
Teaching Hours:6
UNIT 1: INTRODUCTION
 

On completion of this Unit students will be able to discuss the basic doctrines of administrative law and to distinguish between the various functions of administration.

 

Evolution, Nature and Scope of Administrative Law, (Reasons for the growth of Administrative Law in 21st century In India) Laissez-faire State, Social Welfare State, and Modern State, Comparative evolution, Definition, Nature and Scope, Relationship between Administrative Law and Constitutional Law.

 

Unit-2
Teaching Hours:10
UNIT 2: DELEGATED LEGISLATION AND QUASI LEGISLATION
 

Learning Outcome: On completion of this Unit students will be able to describe delegated legislation and quasi legislation and distinguish between them

Concept, Growth and Development, Classification, Comparative position – UK; USA; India, Excessive Delegation, (Quasi Legislation and Sub – ordinate Legislation) – Constitutional Limits, Control Mechanism

Unit-3
Teaching Hours:12
UNIT 3: NATURAL JUSTICE
 

Learning Outcome: On completion of this Unit students will be able to discuss the concept and components of natural justice and explain the effect of failure of natural justice.

Concept, Growth, nemojudex in causasua – Rule against bias, audialterampartem – Right to be heard, Recent requirements of Natural Justice-Reasoned decision & Right to legal Representation, Expanding Horizon of Natural Justice, Duty to Act Fairly & Legitimate Expectation, Other procedural norms, Exclusion of Natural Justice, Exceptions to Principles of Natural Justice, Effect of failure to comply with principles of Natural Justice.

Unit-4
Teaching Hours:5
UNIT 4: ADMINISTRATIVE DISCRETIONARY POWERS
 

Learning Outcome: On completion of this Unit students will be able to explain the difference between discretionary functions and ministerial functions and the grounds for judicial review of discretionary functions. 

Discretionary powers, Judicial Control over administrative discretion, Fundamental Right and administrative discretion, Reasonable Exercise of Power and Wednesbury principle.

Unit-5
Teaching Hours:9
UNIT 5: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION AND REMEDIES
 

Learning Outcome: On completion of this Unit students will be able to enumerate grounds on which judiciary may review administrative actions, explain remedies against government and the related doctrines. 

Grounds of Judicial Review of Administrative Action, Constitutional Remedies, Private Law Remedies, Doctrine of Legitimate Expectation, Doctrine of Public Accountability, Doctrine of Proportionality, Laches, and Exclusion of Jurisdiction. 

Unit-6
Teaching Hours:6
UNIT 6: ADMINISTRATIVE ADJUDICATION
 

Learning Outcome: On completion of this Unit students will be able to discuss the importance, merits and demerits of quasi-judicial bodies.

Concept of administration adjudication, Reason for the growth, Administrative Tribunals. (The establishment of Tribunals Act, 1985 and its Main Objectives and Salient features)

Unit-7
Teaching Hours:6
UNIT 7: MALADMINISTRATION & ALTERNATIVE REMEDIES
 

Learning Outcome: On completion of this Unit students will be able to discuss the functioning of different institutions for redressal against maladministration.

Concept and Need, Ombudsman, Ombudsmen in India – Lokpal, Lokayukta in States, (Lokpal and Lokayukta Act, 2014 and its Salient features and the Main objectives) Central vigilance Commission, Right to Information (Right to Information Act, 2005 and its Salient features and the Main Objectives.

Cases – Vineet Narain v. Union of India (1998) 1 SCC 226

Unit-8
Teaching Hours:6
UNIT 8: GOVERNMENT AS A LITIGANT
 

Learning Outcome: On completion of this Unit students will be able to fix the liability of government on the basis of hypothetical facts and frame defence on the part of the government.

Development of the concept of state liability, tortuous liability, contractual liability, privileges of government, 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. Basu, Durga Das. Administrative Law.
  3. Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).
  4. Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.
  5. Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980
  6. Wade, H. R. W. Administrative Law. New York : Oxford University Press, 2000.
Essential Reading / Recommended Reading

Ø  Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols. 4th ed. New Delhi: Universal Law Publishers, 2006.

Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.

 

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%

LAW752N - PUBLIC INTERNATIONAL 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

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. Students will explore the fundamental principles, sources, and institutions of public international law, gaining a deep understanding of the legal framework that guides interactions among states and shapes global governance. Through engaging lectures, case studies, and interactive discussions, students will analyze key topics in public international law, including state sovereignty, international human rights, humanitarian law, environmental law, international dispute resolution, and the law of treaties.

Course Objectives

1.To understand the nature and scope of Public International Law viz. its principles, sources and institutions.  

2.To examine the interplay of international law, economics and politics on the formulation of development of international norms. 

3.To analyze and evaluate the legal frameworks governing state behavior, international relations, and global challenges. 

4.To apply legal principles and case law to analyze complex problems in Public International Law. 

 

5.To critically assess the effectiveness of enforcement mechanisms and mechanisms for dispute resolution.

 

 

Learning Outcome

CO1: Demonstrate comprehensive and accurate knowledge and understanding of key aspects of public international law

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 analyze 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: Analyze both primary and secondary sources of public international law, including international treaties, with minimal guidance.

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.

Unit-3
Teaching Hours:6
Relationship Between Municipal Law and International Law
 

Relationship between international law and municipal law—monism and dualism

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-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-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. - Sustainable Development and Law of Sea – SDG 14 and its objectives , UN Targets under GOAL 14 ( 10 Targets) and Indicators under the Targets , UNGA Resolution on Oceans and Seas – Name Oceans and the Law of the Sea’ , 2018.

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 Refugee 

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.

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. Eastern Book Co., 2007, Lucknow.
  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.
  6. Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.
  7. Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.
  8. Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.
  9. Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, 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.
  4. Oppenheim’s International Law, 9th ed. Longman, 1992.
Evaluation Pattern

Assessment Description:

CIA I: Quizzes

CIA II: Mid-Semester Examination

CIA III: Reflection Essay 

Assignment description:

1.CIA I: Quizzes

(1)About the Assignment: Quizzes, each of 10 MCQ with 4 options aimed to revise the factual knowledge, will be issued to students at various points of the course, covering the Units as and when they are completed.  

(2)What the student is expected to do: The student is expected to answer all the questions from the quizzes and submit the same by the end of a weekend. 

(3)Submission mode: The quizzes will be prepared online and the submission will also be done via online. 

(4)Deadline: 11:59 PM, the Sunday, following the issuance of quiz.

(5)Nature of Assignment: MCQ

(6)Word Limit: Not applicable, as the student has to mark the correct option

(7)Typed/Handwritten: Typed

(8)Penalty for Late/Non-Submission: 0 marks if not completed by the deadline 

(9)Plagiarism Prevention Guidelines: Not applicable

Course Outcomes: CO1, CO2, CO3, CO4, CO5

2.CIA II: Mid-Semester Examination

(1)About the Assignment: This exam, would be focused on the first half, i.e., the first 5 Units of the syllabus, with the End-Semester Exam focused primarily on the latter half, i.e. the last 5 Units of the syllabus. The structure of the exam will be as follows:

A.10 MCQ from the first 5 Units testing the conceptual understanding of students

B.2 Short-Answer Questions of 500 words. Questions will be framed from all 5 Units and students will be given the option to answer any two.

C.1 Long-Answer Question of 1000 words testing the student’s reflections on a critical issue from any of Units 2/3/5.

(2)What the student is expected to do: The student is expected to exhaustively cover all the reading materials from the first 5 units of the course and all the relevant class lecture notes so as to be able to qualify the examination. 

(3)Submission mode: The examination will be conducted under timed conditions in an examination hall under my supervision. It will be of 1.5 hours duration. All answer scripts will be handed over in-person. 

(4)Deadline: The date of the Mid-Semester Examination, as scheduled. 

(5)Nature of Assignment: Written Test 

(6)Word Limit: As per the instructions of the question viz. 500 words for Short-Answer Questions and 1000 words for Long-Answer Question. 

(7)Typed/Handwritten: Handwritten

(8)Penalty for late/non-submission: 0 marks 

(9)Plagiarism Prevention Guidelines: All the sources from the readings are to be cited by the relevant author names. 

Course Outcomes: CO1, CO2, CO5

3.CIA III: Reflection Essay

(1)About the Assignment: Seminars featuring upto 5 experts in the field will be held at various points of the Course. The reflection essay will be based on these seminars. The student will have the option to choose from any one of these seminars to write the reflection essay. The reflection essay will be on the topic delivered by the speaker(s) using the OSCOLA (4th edition) referencing style for citations. This Assignment will be meant to test the critical thinking skills of the student. 

(2)What the student is expected to do: The student is expected to attentively listen to the talk of the expert(s) and submit the assignment using his own reflections on the issues highlighted by the Speaker(s). 

(3)Submission mode: The submission will be via email, viz. the student shall submit the assignment in response to the email detailing the assignment. 

(4)Deadline: 11:59 PM on the 14th day following the Seminar

(5)Nature of Assignment: Essay

(6)Word Limit: 1500 words

(7)Typed/Handwritten: Typed 

(8)Penalty for late/non-submission: -5 marks for each date post the deadline and 0 marks in case of non-submission post 3 days after the deadline. 

(9)Plagiarism Prevention Guidelines: The student shall turn in the paper on Turnitin and submit the similarity report along with the essay submission. In case, plagiarism is detected, penalty marks will be awarded depending on the extent of plagiarism.

Course outcomes: CO3, CO4

Evaluation Rubric/s:

1. CIA I: Quizzes (20 Marks): For answering 70% questions correctly, in a quiz, the student gets 5 marks. Thus, each passing of quiz will reward the student with 5 marks. The quizzes are purely aimed at testing the factual knowledge of the subject matter. Depending on the Unit(s), questions will be distributed on the principles, concepts, theories, case laws, procedures and laws concerning the subject. 

2. CIA II: Mid-Semester Exam (50 Marks): 10 Multiple Choice Questions worth 1 mark each on the conceptual knowledge

The Short-Answer questions, of 10 marks each, will be tested on:

a. Factual knowledge – 5 marks

b. Argumentation – 5 marks 

The Long-Answer question, worth 20 marks, will be tested on the following criteria: 

a. Structure: 2 marks

b. Grammar: 2 marks

c. Elucidation of the issue/problem: 4 marks

d. Reflections of the issue/problem: 10 marks

e. Summary: 2 marks

3. CIA III: Reflection Essay (20 Marks): The assignment will be evaluated based on the following parameters:

1. Knowledge of Subject Matter (5 marks): Demonstrates a comprehensive understanding of the topic discussed in the seminar.

2. Identification of the Key Theme in the Seminar (1 mark): Clearly identifies and articulates the central theme or main argument presented by the speaker.

3. Identification of Three Key Issues Highlighted in the Seminar (3 marks; 1 mark for each issue): Presents a clear understanding of the complexities and implications of these issues.

4. Critical Analysis and Personal Reflection (8 marks): Engages in critical analysis of the seminar content, offering insightful perspectives and opinions.

5. Referencing (1 marks): Accurately and consistently applies the OSCOLA 4th Edition referencing style.

6. Structure (1 marks): Presents a well-organized and coherent essay structure, with a clear introduction, body paragraphs, and conclusion.

7. Grammar (1 marks): Displays proficiency in grammar, spelling, and punctuation.

 

LAW763N - LAW OF INSURANCE (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 introduces students to the concept & nature of insurance, evolution & emerging trends of insurance law in India. Unit 2 acquaints students with the general principles of the law of insurance. Unit 3 deals with life insurance. Unit 4 deals with marine insurance. Unit 5 deals with fire insurance. Unit 6 deals with other types of insurance. Unit 7 is to introduce students to the insurance regulatory authorities. Unit 8 informs students about the registration requirements of insurance companies.

COURSE OBJECTIVES

This course is designed to acquaint the students with the principles & practices of insurance law in India. It encompasses all the statutes relating to insurance & is updated with the latest legislative amendments – Insurance Amendment Act, 2015. The different kinds of insurance has been examined in detail in distinct modules. The course largely focuses on the fundamental principles which govern the law of insurance thus enabling the students to have better understanding of the subject. Relevant Case laws, both Indian & English on insurance are dealt in appropriate modules.

Learning Outcome

CO1: To understand the basic concepts of insurance and fundamental principles of insurance under life insurance, fire insurance, marine insurance, health insurance, and motor vehicle insurance.

CO2: To apply fundamental principles of insurance to given insurance situations and problems.

CO3: To analyze various clauses & documents used in insurance contracts.

CO4: To identify the authorities in the insurance sector of India, their working and functions.

Unit-1
Teaching Hours:6
INTRODUCTION
 

On completion of this UNIT students will have clear understanding of the business of insurance in India and the different aspects relating to insurance and the emerging trends in insurance.

Concept of insurance, Risks and types of risks, Nature of Insurance, Importance, Theories of Insurance, Historical background, Development and growth of insurance industry in India, Nationalization of insurance business in India, Privatisation, , Types of Insurance, New Developments in the Indian insurance sector – burglary and theft insurance, aviation insurance,  agricultural insurance, Sports tournament Insurance, Clinical trial liability insurance, Terrorism risk insurance etc.

Unit-2
Teaching Hours:8
GENERAL PRINCIPLES OF INSURANCE LAW
 

On completion of this UNIT students will have detailed knowledge of the basic principles of law of insurance in India. How insurance commences, the concept of premium and the risks covered under insurance. This Unit also distinguishes between Re-insurance and Insurance.

Indian Constitutional perspectives, Legal framework in India including Insurance Amendment Act 2015 , Essentials of Insurance Contract, Premium- definition- mode of payment-days of grace-forfeiture- return of the premium,  General Principles of Insurance - Indemnity , Utmost Good-faith,  Double Insurance and Re-insurance , Subrogation, Contribution , Insurable Interest , Proximate Cause.

Unit-3
Teaching Hours:10
LIFE INSURANCE
 

This UNIT provides an in-depth understanding of the law relating to life insurance in India. The life insurance contract, the events insured under life insurance and the persons entitled to claim life policy amount will be dealt in this UNIT.

 

Meaning of life insurance, Difference between life insurance & other forms of insurance, Kinds of life insurance, Formation of Life insurance contract, Assignment and nominations, Events insured against in Life Insurance, Circumstances affecting the risk, Amounts recoverable under Life Policy, Persons entitled to payment & Settlement of Claims, Tax laws and Life insurance  

Unit-4
Teaching Hours:10
MARINE INSURANCE
 

This UNIT acquaints students with the law relating to marine insurance in India.

 

Marine insurance Act 1963-Nature & scope, Classification of marine insurance policies, Subject matter of Marine insurance, Essentials of Marine Insurance Contract, Maritime perils, Voyage deviation/ delay, Lawful excuses, Warranties in Marine Insurance, Assignment , Marine losses, Abandonment,  Mixed sea and land risks, Carriage of goods by sea, Documents under Marine Insurance,  Claims and Procedure . 

Unit-5
Teaching Hours:8
FIRE INSURANCE
 

This UNIT acquaints students with the law relating to fire insurance in India.

 

Definition, Nature & Scope of fire insurance, subject matter of fire insurance, Kinds of fire insurance policies, Fire perils,Standard Fire Policy,Applicability of principles of Insurance in fire Insurance, Assignment , Cancellation & Forfeiture of policies, Doctrine of Reinstatement, Liability of Insured in case of voluntary loss, Claims and Procedure

Unit-6
Teaching Hours:6
MISCELLANEOUS INSURANCE
 

This UNIT acquaints the students with miscellaneous forms of insurance in India.

Motor vehicle insurance- Motor Vehicle Insurance, Compulsory Insurance, No Fault Liability, Accident Cover, Motor Accidents Claims Tribunal, Claims Procedure  

Health insurance/ Mediclaim Insurance, Liability Insurance, Employees State Insurance, Nuclear Liability insurance, Aviation Insurance, Burglary and theft insurance

Unit-7
Teaching Hours:6
REGULATORY AUTHORITIES
 

This UNIT acquaints the students with the regulation of insurance business in India, the scope of FDI in insurance and the relevant changes enumerated in Insurance Amendment Act 2015.

 

Insurance Regulatory and Development Authority, Tariff Advisory committee, Insurance Association of India, Councils and Committees, Ombudsmen, Insurance intermediaries – insurance agents, surveyors, loss assessors, third party administrators, Amendments to the Insurance Act, scope of FDI in Insurance.

Unit-8
Teaching Hours:6
REGISTRATION OF INSURANCE COMPANY
 

This UNIT acquaints students with the requirements of registration of insurance companies and the relevant IRDA Regulations.

 

General registration requirements, capital structure requirements, Certificate of Registration, renewal, cancellation and revival, deposits, investments, submission of returns, actuary, and advertisements,  IRDA Regulations.

Text Books And Reference Books:

1. Murthy, K. S. N. and K. V. S. Sarma. Modern Law of Insurance in India. 6thed. New Delhi: LexisNexis, 2014

2. Rastogi, Sachin, Insurance:Law & Principles, 1st edition: LexisNexis, 2014

3. Taxmann’ s Guide to Insurance Act as amended by Insurance Laws (Amendment) Act 2015

4. Varshney, Gaurav, Insurance laws, Lexis Nexis ,2017

5. MN Srinivasan & K Kannan, Principles of Insurance Law, Tenth Edition 2017

Essential Reading / Recommended Reading

1. SV Joga Rao, M. N. Srinivasan's Principles of Insurance Law. 9th ed. Gurgaon: LexisNexisButterworthsWadhwa Nagpur, 2009.

2. Mitra, B.C, Law relating to Marine Insurance, 5th ed. 2012

      3. Jaiswal, J. V. N. Law of Insurance. Lucknow: Eastern Book Co., 2008.

      4. Bhargava, B. P. (Ed.) Rajiv Jain’s Insurance Law & Practice. 2nded. New Delhi: Vidhi Publishing Pvt. Ltd., 2006.

     5.  Singh, Avtar. Law of Insurance. 2nd ed. Lucknow:  Eastern Book Co., 2010.

     6. John Bird, “Bird’s Modern Insurance Law” 8th edition, Sweet & Maxwell, London 2010.

     7. Lowry John, Rawlings Philip & Merkin Robert, Insurance Law: Doctrines and Principles, 3rd ed., Bloomsbury (2011) 

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%

LAW764N - LAW OF BANKING (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 introduces students to the fundamental concepts of banking and banking law. Unit 2 deals with the provisions of Banking Regulation Act. Unit 3 introduces students to the different types of banking institutions in India. Unit 4 deals with the banker-customer relationship. Unit 5 deals with different forms of borrowing and their legal aspects. Unit 6 acquaints students with the banking operations.  

 

COURSE OBJECTIVES: Being one of the foremost areas, Law of Banking is sought to be dealt with in an exhaustive manner in this paper. It deals with both the regulatory and operational aspects of the banking sector and gives the students an insight into the same.

Learning Outcome

After completion of this course, student will be able to understand the Banking structure in India which would assist them in:

1.     Draft arguments for and against Banking and Non-Banking Financial Companies

2.     Undertaking Research Projects related to Banking related law and policies

3.     Draft arguments in matters covering technology related legal issues

4.     Drafting policies related to banking sector.

Unit-1
Teaching Hours:6
UNIT 1: 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:8
UNIT 2: BANKING REGULATION ACT, 1949
 

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

Unit-3
Teaching Hours:16
UNIT 3: BANKER AND CUSTOMER - NATURE OF 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
UNIT 4: 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, 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:10
UNIT 5: ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS RELATING DEBT
 

 

Modes of securing advances, Bankers 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 Securitisation 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:5
UNIT 6: 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 - Protecting the confidentiality and secrecy of data - effect on customers and service quality.

 

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.             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.

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.

6.             Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.

7.             Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.

8.             Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.

 

9.             Gupta, R. K. Banking Law, and Practice. Allahabad: Modern Law Publications, 2004.

1.             Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.

2.             Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.

3.             Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.

4.             Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.

5.             Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.

6.             Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.

 

7.             Gupta, R. K. Banking Law, and Practice. Allahabad: Modern Law Publications, 2004.

 

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%

LAW785CN - LAW OF MERGERS AND ACQUISITIONS (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 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.  

Course Objectives:  

1.     To introduce the key terms and concepts associated with the Law of M&A

2.     To familiarise the regulatory landscape of M&A in India.

3.     To facilitate the learning of types of schemes and procedures for drafting Schemes of arrangement, Mergers and Acquisitions.

4.     To enable the understanding of the interface between Competition Law, IP and Taxation.

 

5.     To learn the procedure of determining Taxation and IPR in M&A transactions. 

Learning Outcome

CO-1: Explain various concepts relating to M&A.

CO-2 : Develop skills in drafting a scheme of Arrangement (SOA).

CO-3: Apply the law and procedure for drafting an M&A Scheme.

CO-4: Identify the laws and rules applicable for M&A.

CO-5: Analyses IPR and taxation issues in M&A transactions.

Unit-1
Teaching Hours:7
UNIT 1: 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:8
: 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:10
BUSINESS TRANSFER, MERGERS AND ARRANGEMENTS
 

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:7
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:7
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:7
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 the 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:8
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:

Essential references:

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

Recommended references: 

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

Assessment details: 

·     CIA-I- 20 Marks - Article Review & Case Law Review

·     CIA-II- 50 Marks-Mid Semester written examination conducted for 2 hours duration. [Unit 1,2,3&4]

·     CIA III- 20 Marks - Drafting a Merger scheme and Negotiation exercise for Scheme of arrangement/ merger/ takeover. 

  • End Sem Examination -100 Marks 

LAW785EN - REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS (2020 Batch)

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

Course Objectives/Course Description

 

Students will get an understanding of Laws on real estate in India and the infrastructure development laws. This course further enhances the knowledge of students about the tortuous liabilities and compensation laws. It further enables the students to understand how real estate law impacts real property ownership, conveyance, and development. Familiarizing students with real property ownership interests, restrictions on such interests, methods of transferring such interests, private and public land-use controls, and legal transactions involving real estate, such as gifts, sales, and leases.

Learning Outcome

CO 1: Relate to the welfare needs of the labourers in the sectors.

CO 2: Analyse the socio-economic and political turmoil related to infrastructure development.

CO 3: Evaluate the laws, plans and policies related to real estate and infrastructure development sectors in the country.

CO 4: Formulate one?s own response to the needs of all stakeholders in real estate and infrastructure development.

Unit-1
Teaching Hours:10
Real Estate Sector in India.
 

Real Estate Industry in India, Leasing and Land Ownership structure in India, Trends in Public Private Partnership (PPP) in India, Building Construction Laws, Legal Protection of Consumers

Unit-2
Teaching Hours:10
Infrastructure Sector in India
 

Definition of infrastructure; Multiplier effects of infrastructure development on economic development of the nation, Sources of financing infrastructure projects: Traditional and private investments; Various financial instruments, Limitations of traditional procurement system of infrastructure, Legal frameworks and Incentives for private sector participation in infrastructure development, Railways, Highways and Roads, Ports / Airports / Telecom, Power and Renewable Energy, Special Economic Zones, Digital India Land Records Modernization Programme (DILRMP)

Unit-3
Teaching Hours:10
Real Estate (Regulation and Development) Act, 2016.
 

Definitions: (Apartment, Building, Carpet Area, Common Area, Competition Certificate, Occupancy Certificate, Planning Area, Promoter, Real Estate Agent, Real Estate Project, Sanctioned Plan), Registration of Real Estate Project and Registration and Functions of Real Estate Agents; Duties of Promoter, Rights and Duties of Allottees, The Real Estate Regulatory Authority and The Real Estate Appellate Tribunal, Offences, Penalties and Adjudication under the Act.

Unit-4
Teaching Hours:10
RERA JUDGEMENTs(Neelkamal Realtors Suburban Pvt. Ltd. and Anr Vs. Union of India and Ors)
 

In this batch of Writ Petitions, petitioners had challenged legality and constitutional validity of certain provisions of the Real Estate (Regulation and Development) Act, 2016, as being violative of the provisions of Articles 14, 19(1)(g), 20 and 300-A of the Constitution of India. The students will study the judgment and understand the reasons why the legality of the Act is upheld.

 

The Challenges to the various provisions of the Act and reasoning by Bombay High Court for upholding the Act. 

Unit-5
Teaching Hours:10
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
 

Objects and Application of the Act, Definitions (Affected family, Agricultural Land, Cost of Acquisition, Land, Landless and Land Owner, Person interested, Requiring Body, Resettlement Area.), Determination of Social Impact and Public Purpose and Appraisal of Social Impact Assessment Report, Notification and Acquisition, Rehabilitation and Resettlement Award and Procedure and Manner of Rehabilitation. National Monitoring Committee for Rehabilitation and Resettlement, Land Acquisition, Rehabilitation and Resettlement Authority,

Unit-6
Teaching Hours:10
The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
 

Aims and Objectives / Definitions, Registration of Establishments, Registration of workers as Beneficiaries, Welfare Board under the Act.

 

Text Books And Reference Books:

1.     Akintoye, A., Beck, M., and Hardcastle, C. (Eds.). (2003). Public-Private Partnerships - Managing risks and opportunities. Oxford: Blackwell Science Limited.

2.     Finnerty, J. D. (1996). Project financing - Asset-based financial engineering. New York: John Wiley and Sons, Inc.

3.      Merna, T., and Njiru, C. (2002). Financing infrastructure projects (First ed.). London: Thomas Telford.

4.     Nevitt, P. K., and Fabozzi, F. J. (2000). Project financing (7 ed.). London, UK: Euromoney Books.

5.     Raghuram, G., Jain, R., Sinha, S., Pangotra, P., and Morris, S. (2000). Infrastructure Development and Financing: Towards a Public-Private Partnership: MacMillan.

6.     Tinsley, R. (2002). Project Finance in Asia Pacific: Practical Case Studies. London, UK: Euromoney Books.

Essential Reading / Recommended Reading

1.     UNIDO. (1996). Guidelines for infrastructure development through Build-Operate- Transfer (BOT) projects. Vienna: UNIDO.

2.     Walker, C., and Smith, A. J. (1995). Privatized infrastructure: the Build Operate Transfer approach. London: Thomas Telford.

3.      Yescombe, E. R. (2002). Principles of Project Finance. California: Academic Press.

4.     Kurowski, L., and Sussman, D. (2011). Investment project design - A guide to financial and economic analysis with constraints. New Jersey: John Wiley and Sons.

5.     Pretorius, F., Lejot, P., McInnis, A., Arner, D., and Hsu, B. F.-C. (2008). Project finance for construction and infrastructure: Principles and case studies. Oxford: Blackwell Publishing.

6.     Weber, B., and Alfen, H. W. (2010). Infrastructure as an asset class – Investment strategies, project finance and PPP. West Sussex: John Wiley and Sons.

7.     Tenth Report of the Law Commission of India: Report on the Law of  Acquisition and Requisitioning of Land, 1958. 

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%

LAW786BN - CYBER LAW (2020 Batch)

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

Course Objectives/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.

UNIT 1 is designed to introduce students to the role of law in technology, especially internet and is designed to give a brief overview of the historical aspects of internet. UNIT 2 acquaints the students with the regulation of digital environment. UNIT 3 deals with human rights issues of information technology, while UNIT 4 deals with tort of defamation through digital media. UNIT 5 deals with privacy issues of information technology. UNIT 6 deals with cyber-crimes.

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, LICRA v. Yahoo, Introduction to Internet, 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-libertarianism, 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
 

ACLU v Reno, 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, Evolution of tests for determining obscenity in India and US 

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, single and multiple publication rule, User generated content and liability of intermediaries

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, Personal data protection, data privacy under IT Act and Article 21 of the Constitution of India, State surveillance, 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, web jacking, 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.     Jaishankar K. K., and Philip Johnson. Cyber Law. Pacific Books International, 2011.

9.     Hiremath, Uma R. (Dr.) Information 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 Compliance with the Law. Vol 5. New Delhi; Universal Law Publishing, 2007.

22.  Ahmad, Tabrez, et alCyberlaw, E-Commerce and M-Commerce. New Delhi: A. P. H. Publishing Corporation, 2009.

23.  Vidya, C. (Ed.) Cyber Jurisdiction: A Legal Vision. Hyderabad: The ICFAI University Press, 2006.

Augustine, Paul T. Combating Cyber Crime. New Delhi: Crescent Publishing Corporation, 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.

8.     Jaishankar K. K., and Philip Johnson. Cyber Law. Pacific Books International, 2011.

9.     Hiremath, Uma R. (Dr.) Information 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 Compliance with the Law. Vol 5. New Delhi; Universal Law Publishing, 2007.

22.  Ahmad, Tabrez, et alCyberlaw, E-Commerce and M-Commerce. New Delhi: A. P. H. Publishing Corporation, 2009.

23.  Vidya, C. (Ed.) Cyber Jurisdiction: A Legal Vision. Hyderabad: The ICFAI University Press, 2006.

Augustine, Paul T. Combating Cyber Crime. New Delhi: Crescent Publishing Corporation, 2007.

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%

LAW786CN - LAND LAWS (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 includes 6 Units covering different topics like Constitutional provisions and its concept of land, Land tenures & tenancy system, Land Acquisition Act, Uttar Pradesh Revenue Code, Up Consolidation of Holdings Act, 1953, Up Urban Planning And Development Act, 1973. It is designed with the following objectives -

1.      To enable students to identify relevant legislations and case laws relating to Land and Property matters

2.      To inculcate basic research skills as a part of learning

3.      To explore critical principles relating to contemporary issues and nurture within the students the ability to draft on Land laws issues.

4.      To provide in-depth knowledge of Central and State Land Laws.

5.      To enhance the skills, interpretation, and application of different types of Land Laws.

 

6.      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: Identify research areas, frame research questions, and utilize the available on-line database

CO2: Understand the core concepts of different doctrines and analyze it from a legal perspective in the society

CO3: Analyze the issues related to various property documents.

CO4: Recognize the various doctrines, kinds & classification of tenures, critical analysis of Land Acquisition Act, 1894 read with 2013 Act, clarity on land reforms and revenue, and concept of property.

CO5: 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

Unit-2
Teaching Hours:10
CONSTITUTIONAL PROVISIONS AND ITS CONCEPT OF LAND
 

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.

Unit-3
Teaching Hours:14
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)Land Bill 2015 passed by Lok Sabha with nine amendments

Unit-4
Teaching Hours:12
UTTAR PRADESH REVENUE CODE
 

(a)Definition- abadi,agriculture, agricultural labourer, Bhumi Prabandhak Samiti, Board, Collector, Consolidated Gaon Fund, family, improvement, land, land holder, Revenue Court, Revenue Officer, village, agricultural year, lease, Minjumla number. (b)Revenue Division, Board of Revenue and Revenue Officer, Boundaries and Boundary Marks (c)Maintenance and Revision of Village Records, Management of Land and Other properties by Gram Panchayat (d)Tenures (e) Assessment and collection of Land Revenue (f) Jurisdiction and Procedure of Revenue Courts

Unit-4
Teaching Hours:12
UTTAR PRADESH REVENUE CODE
 

(a)Definition- abadi,agriculture, agricultural labourer, Bhumi Prabandhak Samiti, Board, Collector, Consolidated Gaon Fund, family, improvement, land, land holder, Revenue Court, Revenue Officer, village, agricultural year, lease, Minjumla number. (b)Revenue Division, Board of Revenue and Revenue Officer, Boundaries and Boundary Marks (c)Maintenance and Revision of Village Records, Management of Land and Other properties by Gram Panchayat (d)Tenures (e) Assessment and collection of Land Revenue (f) Jurisdiction and Procedure of Revenue Courts

Unit-5
Teaching Hours:8
UP CONSOLIDATION OF HOLDINGS ACT, 1953
 

(a)Definition-  Consolidation, Tenure Holder, Assistant Consolidation Officer, Consolidation Area,  (b)Revision and Correction of Maps and Records (c)Preparation of Consolidation Scheme (d) Enforcement of the Scheme

Unit-6
Teaching Hours:6
UP URBAN PLANNING AND DEVELOPMENT ACT, 1973
 

(a)Definition- Development, Development Area, Development fee (b)Development authority and its Objectives (c) Master plan and Zonal Development Plan

Text Books And Reference Books:

1. Prof S Parasuraman and Prof Manish Jha , Land Reforms In India (available at http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S000032SW/P001729/M021644/ET/1501588224Module-18_e-Text.pdf)

Anupam Srivastava, Guide to Right to Fair Compenstation and Transparency in Land Acquisition, Rehablitation and Resettlement Act, 2013, 1st Edi. 2014, CCH India. 

Babu Sarkar, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, 1st Edi. 2018, R.Cambray & Company, Kolkatta. 

         Pramod Rao, Whose Assets are they Anyway? (available at https://www.scconline.com/blog/post/2022/02/24/whose-assets-are-they-anyway/

 

Satpal Puliani, The Right to Fair Compensation and Transparency in Land Acquisition 1st Edi, 2014, KLJ Publications, Bangalore

R N Chaudhary and S K Chaudhary, Commentary on Uttar Pradesh Revenue Code, 1st Edition 2017, Reprinted 2023, Eastern Book company, New Delhi. 

Nitin Chopra, Commentaries On Uttar Pradesh Consolidation of Holdings Act, 1953 with Rules, 2020, Manav Law House, Allahabad.

 

Nitin Chopra, Commentaries On UP Urban Planning And Development Act, 1973, 2016, Manav Law House, Allahabad. 

 

 

 

 

 

 

 

 

 

Essential Reading / Recommended Reading

Dr. N Maheswara Swamy, Land Laws under the Constitution of India, 1st Edi. 2006, Asia Law House, Hyderabad.

 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.

Paper Presentation on LAW OF SUCCESSION AND INHERITANCE By Smt. R. Shanthi Sree, Principal Junior Civil Judge, Srikakulam (available at: https://districts.ecourts.gov.in/sites/default/files/pdmsklmwrkshp1.pdf)

 

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%

LAW853N - CRIMINAL LAW II (2020 Batch)

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

Course Objectives/Course Description

 

The Code of Criminal procedure is the procedural law that provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person through trial and the determination of punishment of the guilty. The subject is significant because it provides an opportunity for a fair trial to the accused person according to the principle of natural justice and the course devised to deal with the basic procedural aspects with regard to criminal law in action.. A thorough knowledge of the Code of Criminal Procedure is indispensable for effective implementation of criminal law.

Learning Outcome

CO1: Students will be able to identify the scope, extend and object of the Criminal Procedure Code

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
Unit I: Introduction & Functionaries Under the Code
 

a)     Object of the Code;

b)    Applicability,

1.     Territorial Divisions

2.     Classification of Offenses.

3.     Functionaries under the Code

a.     Police,

b.     Prosecutors,

c.      Defense Counsel,

d.     Courts

Unit-2
Teaching Hours:6
Unit II: Arrest, Search and Seizure
 

a)     Meaning and Purpose; Arrest

b)    Arrest with warrant

c)     Arrest without warrant

2. After arrest procedure

3. Rights of Arrested persons,

4. Consequences of non-compliance with provisions of arrest

5. Search and seizure

a)     Search & seizure with warrant

b)    Search & seizure without warrant

c)     Consequences thereof.

Unit-3
Teaching Hours:8
Unit III: Investigation
 
  1. Meaning and purpose

a)      When to investigate

b)     Information to the police

c)     FIR

d)    Procedure after recording the FIR

2.     Attendance of witnesses

a)     Power to require attendance of witnesses

b)    to record witness statements,

c)     Evidentiary value of statements made to police,

 

3.     Power of Judicial Magistrate:

a)     Power of Judicial Magistrate to record confessions/ statements

4.     Case Diary

5.     Procedure to follow on completion of investigation,

6.     Investigations and inquiries into cause of unnatural deaths, suicides, 

a)     Death in police custody.

Unit-4
Teaching Hours:8
Unit IV: Bail and Anticipatory Bail
 

1.     Mandatory Bail

a)     Bail in cases of non-bailable offenses,

2.     Powers of High Court & Sessions Court in granting bail;

3.     Anticipatory Bail;

4.     Cancelation of Bail;

5.     Provisions regarding bond of accused and sureties

Unit-5
Teaching Hours:10
Unit V: Cognizance, Charge, Trial and Plea Bargaining
 

1.     Meaning and Object of Cognizance

2.     Cognizance of offences by Magistrates and Court of Session

3.     Making over of cases to Magistrates, Meaning

4.     Form and Content of Charge;

5.     Alteration of Charge,

6.     Basic rules regarding charge and trial;

7.      Trial of Warrant Cases:

a)     Before a Sessions Court

b)    Before a Magistrate

c)     Trial of Summons Cases

d)    Summary Trials

e)     Plea Bargaining

Unit-6
Teaching Hours:6
Unit VI: Judgment and Appeal
 

1.     Form and Contents;

2.      Post Conviction Orders;

3.     Compensation and Costs;

4.     Pronouncement of Judgment

5.     Appeal from convictions,

a)     Appeals to superior courts,

b)    Procedure for dealing with an Appeal

c)     Powers of Appellate Courts

Unit-7
Teaching Hours:6
Unit VII: Reference, Revision & Transfer
 

1.     Reference to High Court,

2.     Revision:

a)     Powers of the Sessions Court and High Court for Revision,

b)    Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals.

3.  Inherent Powers of the High Court.

Unit-8
Teaching Hours:4
Unit VIII: Execution, Suspension, Remission and Commutation of Sentences
 

1.     Death Sentence

2.     Imprisonment

3.     Levy of Fine

4.     Suspension, Remission & Commutation of sentences

Unit-9
Teaching Hours:8
Miscellaneous, Maintenance of Wives, Children & Parents, Preventive Measures and Security Proceedings, The Probation of Offenders Act 1958
 

1.     Persons entitled to claim maintenance,

a)     Essential conditions for granting maintenance,

b)    Jurisdiction of Magistrates,

c)     Enforcement of the Order of Maintenance, Alteration of Allowance                    

2.     Preventive action of the Police:

a)     Security for keeping peace, for good behaviour,

b)    Action under S.107-110.

c)     Dispersal of Unlawful Assemblies,

d)    Removal of public nuisance,

e)     Urgent Cases of apprehended danger or nuisance.

 

3.     Probation of Offenders Act 1958

a)     Scop, Extent & Application of the Act

b)    Power to court release offenders after admonition

c)     Power of the court to release on probation of good conduct.

d)    Provisions as to securities

e)     Power of the court in appeal and revision

Probation officers

Text Books And Reference Books:

Essential references:

1.     Takwani Criminal procedure, Lexis Nexis, 4th Edition 2015.

2.     Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

3.     KNC Pillai (Fifth Ed.):RV Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

4.     Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

Law Commission 41st Report

Essential Reading / Recommended Reading

Recommended references:

1.     The Code of Criminal Procedure, 1973. (Compulsory Reading)

2.     Ratanlal and Dheerajlal. Criminal Procedure Code. Nagpur: Wadhwa, 2006. (Text Book)

3.     KNC Pillai (Ed): RV Kelkar’s Lectures on Criminal Procedure. Eastern Book Company, Lucknow, 2013.

4.     SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).

5.     Mitra, B. B. Criminal Procedure Code. Kolkata: Kamal Law House, 2005.

6.     Law Commission of India consultation paper on law relating to arrest

7.     Shahidul Islam, Golam Moula, the Right of Getting Bail of an Arrested Person in Bangladesh—A Legal Study of Theories and Practice

8.     J.P. RAI, Exercise of Pardoning Power in India: Emerging Challenges

9.     Sonam Kathuria The bargain has been struck: A case for Plea Bargaining in India

10.  Law Commission of India, Report 132

11.  K.N.Chandrasekaran Pillai, Women and Criminal Procedure

Varma Commission Report 

Evaluation Pattern

BAL865

Criminal Law-II

CIA 1: Case Study: (Judgments focusing on Criminal Procedure Code)

Guide Lines: The students must choose any one landmark judgment passed in the year 2020 -2021 and do the case study. The student should begin the case study by briefing the facts and then issues, identify the rule of law laid and do the analysis (Analysis – Minimum 500 words) and draw the conclusion.

[In analysis part student shall discuss,

what was the uncertainly / conflicting position of the relevant law in the earlier and this particular judgment has changed / or made an impact / or settled the uncertainly in the application of relevant provision of law and has contributed to the development of criminal jurisprudence. And in the conclusion shall discuss the with reason, their stand on the new principle laid down in the judgment whether, they support / or /oppose.

Word limit – Minimum 1,500 words

Individual Submission

 

Submission Mode: On line: Google classroom : Google Doc /Typed

Last Date for submission:

Plagiarism: permitted limit-10%

Penalty for late submission: Delay submission the penalty of deduction on 1 mark.

CIA 3: Group Presentation: The group of students shall prepare the topic for the presentation on the topic allotted to them. Written paper on the topic shall be submitted on line and the presentation shall be made on the allotted date and time by all the group members. The topic shall include introduction, discussion on the relevant procedure needs to be followed and the latest rule of law laid down on the topic and the critical analysis of the topic.

Word limit – Minimum 1,500 words

Group Submission/presentation

Submission Mode: On line: Google classroom : Google Doc /Typed

Last Date for submission:

Plagiarism: permitted limit-10%

Penalty for late submission: only two days delay submission will be accepted with the penalty of deduction on 1 mark.

Presentation: must be made by all the group member within the given time (15 mins per group)

 

LAW854N - CIVIL PROCEDURE CODE AND LIMITATION ACT (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 make the students conversant with the basic terminology 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 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 remedies available to a party aggrieved by the order of a court. Unit 7 is to make the students aware of some special suits. Unit 8 introduces students to the miscellaneous matters such as inter-pleader suits, caveats, inherent powers of the courts, etc. Unit 9 is to equip students with the knowledge of the important provisions of Limitation Act.

The Code of Civil Procedure in India has a chequered history and lays down the details of procedure for redressal of civil rights. Many questions may prop up when one goes to vindicate one's civil rights. The court where the suit is to be filed, the essential forms and procedure for institution of suit, the documents in support and against, evidence taking and trial, dimensions of an interim order, the peculiar nature of the suits, the complexities of executing a decree and provisions for appeal and revision are all matters which a lawyer for any side is to be familiar with.

Civil Procedure Code is a subject of daily use by the courts and lawyers and a student cannot afford to have scant knowledge of civil procedure when he goes out to practise as a lawyer. True that it is through experience one gets expert knowledge of civil procedure. However, it is necessary to have good grounding in the subject before one enters the profession. While the substantive law determines the rights of parties, procedural law sets down the norms for enforcement. Whenever civil rights of persons are affected by action, judicial decisions will supply the omissions in the law.

The Code of Civil Procedure in India has a chequered history and lays down the details of procedure for redressal of civil rights. Many questions may prop up when one goes to vindicate one's civil rights. The court where the suit is to be filed, the essential forms and procedure for institution of suit, the documents in support and against, evidence taking and trial, dimensions of an interim order, the peculiar nature of the suits, the complexities of executing a decree and provisions for appeal and revision are all matters which a lawyer for any side is to be familiar with.

 

A delay in filing the suit, besides indicating the negligence of the plaintiff in effectively agitating the matter on time, may place courts in a precarious situation. They may not be in a position to appreciate the evidence correctly. Evidence might have been obliterated. Hence, the statute of limitation fixes a period within which a case has to be filed.

 

Learning Outcome

CO1: Identify the jurisdiction of the civil court wherein a matter will lie.

CO2: Describe the rules of pleadings and apply them correctly.

CO3: File execution proceedings in the civil courts.

CO4: Apply the provisions of Limitation Act appropriately.

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-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-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-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-9
Teaching Hours:10
LAW OF LIMITATION
 

The concept – the law assists the vigilant and not those who sleep over the rights, Object, Distinction with latches, acquiescence, prescription, Extension and suspension of limitation, Sufficient cause for not filing the proceedings, Illness, Mistaken legal advise, Mistaken view of law, Poverty, minority and Purdha, Imprisonment, Defective vakalatnama, Legal liabilities, Foreign rule of limitation: contract entered into under a foreign law, Acknowledgement – essential requisites, Continuing tort and continuing breach of contract

Text Books And Reference Books:
  1. Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 1999.
  2. Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 1998.
  4. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure, 1908. New Delhi: Universal Publishing Co., 1998.
  5. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  6. Sarkar's Law of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  7. Universal's Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
Essential Reading / Recommended Reading
  1. Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 1999.
  2. Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 1998.
  4. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure, 1908. New Delhi: Universal Publishing Co., 1998.
  5. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  6. Sarkar's Law of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
  7. Universal's Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.
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%

LAW861N - LAW OF E-COMMERCE (2020 Batch)

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

Course Objectives/Course Description

 

This subject aims at an understanding of the basic principles of E-Commerce and gives an insight into the application of this important area. It also analyses the impact of other areas such as IP and attempts a holistic view. It would make the students aspiring for corporate jobs more up-to-date.

 

Learning Outcome

CO1: Students will be able to draft arguments in respect of entities participating in e-commerce transactions by applying traditional principles of law.

CO2: Students will analyze research projects and publish papers addressing the challenges faced in e-commerce through critical as well as comparative studies

CO3: Students will be able to evaluate draft policies addressing the global challenges as well as emerging issues of law around the world in relation to electronic transactions.

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-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:8
PAYMENT ISSUES
 

Fraud Risk and Protection, Breach of contract, Charge back agreements, EDI, Electronic fund transfer

 

Unit-5
Teaching Hours:6
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:14
IPR ISSUES IN E- COMMERCE
 

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-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. 2nded. 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.
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. 3rded. 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%

LAW862N - INTERPRETATION OF STATUTES (2020 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: Locate, identify and be able to critically analyze relevant statutes, statutory provisions, and legislative instruments, as well as pertinent judicial authority.

CO2: Interpret the appropriate provisions using the accepted tools and techniques of statutory interpretation.

CO3: Analyse different legislations and judgements for conceptualizing the working of interpretation in resolving the ambiguities.

CO4: 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.

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

a.     Mimansa Rules of Interpretation: Application, Maxwell v. Mimansa

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-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

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

Essential Reading / Recommended Reading

1.     Dhanda, Amita (Ed).,  N. S. Bindra's Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 2017.

2.     Katju, Markandey., Interpretation of Taxing Statutes, 2nd Edition, Butterworths, 1998

3.     Mukhopadhyay, Sukumar., Interpretation of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010

4.     Chopra, D.S., Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.

5.     Katju, Markandey, (Ed)., K.L.Sarkar’s Mimansa Rules of Interpretation. 4th ed. New Delhi: Thomson Reuters, 2013.

Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

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%

LAW885CN - LAW OF INJUNCTIONS (2020 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 is on the study of the concept of ‘Injunction‘ and the general principles governing the Law on Injunction. The course is designed to enable the students to understand the basic philosophy of remedial law and its nuances. In Unit 1 Introduction to Law of Injunctions, students will be introduced to the origin of law of injunctions as well as definition, kinds of injunction & the general principles relating to injunction. Unit 2 Temporary Injunctions, will provide details of laws & principles governing temporary injunction. In Unit 3 Perpetual Injunctions, students will learn about the provisions of Specific Relief Act dealing with perpetual injunction. In Unit 4 Mandatory Injunctions, principles governing mandatory injunction and the challenges of implementing it are dealt with. Unit 5 Injunctions In Different Statute,  deals with rules of injunction in context of specific legal relationships such as landlord-tenant, partnership, easement, IPR laws etc.

Learning Outcome

CO1: To describe the origin of law of injunction, definition & kinds of injunction.

CO2: To explain the general principles governing injunction in Indian laws.

CO3: to apply principles governing temporary injunction to simulated problems & evaluate the possibility of grant of temporary injunction.

CO4: To analyse the practical use of perpetual injunction.

CO5: to demonstrate the challenges of obtaining & implementing mandatory injunctions.

CO6: To apply general principles of injunction to specific legal relationships & transactions.

Unit-1
Teaching Hours:10
UNIT 1: INTRODUCTION TO LAW of INJUNCTION
 

Origin of Law of Injunction, Practice of Courts prior to the Judicature Act, 1873, Application of English Law to India, Purpose of granting Injunction, Definition of Injunction, Jurisdiction of Courts, Kinds of Injunctions, General Principles governing the grant of Injunction.

Unit-2
Teaching Hours:14
UNIT 2: TEMPERORAY INJUNCTIONS
 

Nature of Temporary Injunction, Object, Temporary Injunction in CPC, Principles governing grant of Temporary Injunction, Status Quo, Quia Timit Action, Threat and Injury, Prima facie Case, Balance of Conveniences, principles of Equity, Equitable Estoppels, Existence of other alternative Remedy, Effect of Temporary Injunction, Inherent Power of Courts in Granting Temporary Injunction, Police Aid in implementing Temporary Injunction, Infructuous Injunction.

Unit-3
Teaching Hours:14
UNIT 3: PERPETUAL INJUNCTION
 

What is perpetual injunction, when it can be granted, when it cannot be granted, the Guiding principles in issuing Injunction, who can seek this Remedy, Execution of Injunction Decree.

Unit-4
Teaching Hours:8
UNIT 4: MANDATORY INJUNCTIONS
 

Introduction, Discretion of the Courts in granting Mandatory Injunction, Delay and Acquiescence, Illustrative Cases of Mandatory Injunctions, When it can be sought for, Suspension, 

Unit-5
Teaching Hours:14
UNIT 5: INJUNTION IN DIFFERENT STATUTES
 

Injunction and Law of Contracts, Injunction between Landlord and Tenant, Injunction against co-sharers and Partners, Injunction and Easement Law, Injunction and IPR Laws, Injunction and Company Law, Injunction and Banking Laws, Injunction and Cyber Crimes, Injunction and Defamatory Laws,  Injunction and Land Laws etc,.

 

Text Books And Reference Books:

1.      Nelson : Law of Injunctions, 7th Edi., Delhi Law Hose, New Delhi.

2.    

4.      Isabel Parry,  Andrew Burns. Injunctions, Sweet and Maxwell Ltd.

5.      Steven Gee, QC. , Gee on Commercial Injunctions: (formerly Mareva Injunctions and Anton Piller Relief), Sweet and Maxwell Ltd.

6.      

Essential Reading / Recommended Reading

Ajit  Sengupta , Goyle's Law of Injunctions, 4th Edi. Eastern Book Company.

  G. S. Gupta : Law of Injunctions, 8th Edi., Delhi Law Hose, New Delhi

3.      C.M. Row, Law of Injunctions, Ninth Edi. Universal Law Publishing Co. New Delhi.

 

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%

LAW885DN - INTERNATIONAL INVESTMENT 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:

This course provides a comprehensive understanding of International Investment Law, exploring its principles, regulations, treaties, and dispute-resolution mechanisms. It aims to familiarize students with the complex landscape of foreign investments, regulatory frameworks, and the legal nuances governing international investment disputes. Through a blend of theoretical concepts and practical case studies, students delve into the intricate web of laws governing investments across borders. To further elaborate, Unit 1: Introduction to International Investment Law - introduces the fundamental concepts of International Investment Law, exploring its nature, sources, and objectives. It elucidates the distinction between trade law and investment law, drawing insights from landmark cases such as Fedeax v. Venezuela and Salini v. Morocco. The unit navigates through the historical evolution and business nature of foreign investment, emphasizing the delicate balance between host state sovereignty and foreign investment rules. Unit 2: Foreign Investment Transactions and Domestic Regulations - Focuses on Indian regulations on international investment, this unit unpacks the meaning of Foreign Direct Investment (FDI) and delves into the various forms and methods of control by host states. It meticulously examines domestic regulations governing FDI in India, providing a comprehensive understanding of the regulatory framework. Unit 3: International Investment Treaties - This unit explores the realm of International Investment Treaties, emphasizing their objectives, features, application, and interpretation. Through case laws, students gain insights into the nuances of Bilateral Investment Treaties (BITs), understanding their interpretation and temporal application. Unit 4: Settlement of Investment Disputes - Students engage with different modes of investment dispute resolution, focusing on essential clauses within bilateral investment treaties. Concentrating on treaty-based arbitration, the unit covers contractual and treaty-based arbitration, internationalization of state contracts, jurisdictional issues, consent to arbitration, challenge and review of decisions, and enforcement of awards. Unit 5: Jurisdictional Issues in International Investment Arbitration - This unit delves into the complexities of jurisdictional issues in international investment disputes. It provides an overview of conventions and institutions involved in international investment arbitration, analysing key organizations like ICSID, UNCITRAL, ICC, and SCC. The unit explores claims on merits, expropriation, fair and equitable treatment, umbrella clauses, and most favored nation clauses.

Course Objectives:

1.     To acquire a comprehensive understanding of the foundational principles, sources, and objectives of International Investment Law.

2.     To facilitate an understanding of Indian regulations concerning international investments, focusing on FDI intricacies.

3.     To enable students to analyse and interpret BITs, applying their knowledge through case studies and legal precedents to comprehend treaty interpretation and its practical application in real-world scenarios.

4.     To provide a comprehensive analysis of various modes of investment dispute resolution, allowing students to critically assess challenges and enforcement aspects inherent in arbitration decisions.

5.     To enable students to evaluate the intricate nature of jurisdictional issues in international investment disputes, encouraging an examination of clauses such as expropriation, fair and equitable treatment, umbrella clauses, and most favored nation clauses.

Learning Outcome

CO1: Attain knowledge and summarise the foundational principles, sources, and objectives of International Investment Law.

CO2: Understand the Indian regulations concerning international investments, explaining the nuances of FDI and the diverse control methods employed by host states.

CO3: Apply their knowledge by analysing and interpreting BITs, utilizing case laws to understand treaty interpretation and application in real-world scenarios.

CO4: Analyse different modes of investment dispute resolution and assess the challenges and enforcement aspects of arbitration decisions.

CO5: Evaluate the complexities of jurisdictional issues in international investment disputes, and examine the implications of clauses like expropriation, fair and equitable treatment, umbrella clauses, and most favored nation clauses.

Unit-1
Teaching Hours:15
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-3
Teaching Hours:10
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-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:

1. Dolzer, Rudolf and C. Schreuer (2022). Principles of International Investment Law, Oxford University Press: Oxford: 3rd edition.

2. M Sornarajah (2017). ‘The International Law on Foreign Investment’, Cambridge University Press: 4th edition: Cambridge.

 

3. Prabhash Ranjan (2019). ‘India and Bilateral Investment Treaties- Refusal, Acceptance, Backlash’, Oxford University Press: Oxford.

4. Report No. 260 of Law Commission of India titled “Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty”, August 2015.

Essential Reading / Recommended Reading

1. J Salacuse (2010), The Law of Investment Treaties, (OUP: Oxford).

2. K Vandevelde (2010) Bilateral Investment Treaties: History, Policy and Interpretation (OUP: New York).

3. G Van Harten (2007) Investment Treaty Arbitration and Public Law (OUP: Oxford).

4. Prabhash Ranjan, ‘India and Bilateral Investment Treaties – A Changing Landscape’, 29 (2) ICSID REVIEW – FOREIGN INVESTMENT LAW JOURNAL (Oxford University Press) (2014) 419-450.

5. UNCTAD (2007). ‘Investor-State Dispute Settlement and Impact on Investment Rule Making’ (United Nations: New York and Geneva), 22-29.

6. Stephan Schill, Multilateralization of International Investment Law (Cambridge University Press, Cambridge/New York, 2009), 139-196.

 

7. M Potesta (2013), Legitimate Expectations in Investment Treaty Law: Understanding the Roots and the Limits of a Controversial Concept, 28 ICSID Review, 88.

Evaluation Pattern

 

CIA I: Multimedia Presentation

(1)       About the Assignment: Each student is required to create a video presentation involving a PowerPoint (PPT) presentation on the topics allotted to them, covering the landmark cases on the international investment law.

(2)       What the student is expected to do: The assignment requires them to study the law, conduct research, and assimilate the concepts independently. It should showcase their critical thinking, depth of comprehension, and ability to communicate effectively.

(3) Objectives: Encourage Self-Directed Learning, Promote Critical Thinking, Enhance Communication Skills and foster Active Learning.

(4) Evaluation Rubrics:Students are evaluated based on the content, clarity, depth of analysis, delivery, and innovation and visual appeal of both the video presentation and the PPT slides.

CIA II: MID Semester Exam

CIA III: Simulation – BIT Negotiation and Drafting

Objective: The primary objective of this simulation exercise is to provide students with a practical understanding of Bilateral Investment Treaties (BITs) negotiation and drafting. It aims to simulate real-world scenarios where students will negotiate and draft a BIT, developing their skills in legal negotiation, diplomacy, and drafting.

 

About the Assignment:

The Simulation – BIT (Bilateral Investment Treaty) Negotiation and Drafting assignment is an experiential learning exercise designed to simulate the negotiation process and drafting of a BIT between different countries or entities. Students are divided into groups or pairs, each representing a specific country or entity, and are tasked with negotiating and drafting a Bilateral Investment Treaty.

Preparation Phase: Students will be divided into pairs or groups to represent different countries/entities. Each group will be provided with a case study or scenario outlining the investment interests, concerns, and objectives. Research and study materials related to BITs, understanding their provisions, and exploring various clauses will be provided.

Negotiation Phase: Students will engage in negotiations to draft a BIT considering the interests and concerns of their represented country/entity. Negotiations should focus on key aspects such as investment protection, dispute resolution mechanisms, expropriation, and fair and equitable treatment. Each group will present their proposed clauses and negotiate with other groups to reach mutually agreeable terms.

Drafting Phase: Based on the negotiated terms, each group will draft the provisions of the BIT using legal language and appropriate structure. The drafted BIT should reflect the consensus reached during negotiations and ensure clarity, precision, and legal accuracy.

 

Presentation and Review: Each group will present their negotiated terms and the drafted BIT to the class, explaining the rationale behind their clauses and decisions. A review session will be conducted where peers and the instructor evaluate the effectiveness, fairness, and legal soundness of the drafted BITs.

 

LAW886BN - FORENSIC SCIENCE 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

 

Course Description 

Media has been referred to as the fourth estate. One of the fundamental tenets of the Constitution of India is Rule of law. Media plays an important role in upholding the same. A free and independent media is a sine qua non in any democratic form of government. Considering the significant role Media plays in contemporary scenario, this course aims at educating students about functioning and regulation of media and the legal regime governing the same upholding the vital aspects of a free media.

The course is divided into 6 Units, details of which are provided below.

Unit 1 deals with introductory part that is, concept of media, freedom of press, Historical developments etc.. Unit 2 deals with the laws relating to broadcasting laws. Unit 3 deals with law relating to protection of reputation that is law of defamation. Unit 4 deals with media and issues relating to privacy including pornography, investigative journalism, right to information etc. Unit 5 deals with regulation of social media including internet. Unit 6 deals with media, ethics and adjudication

Course Objectives

§  To introduce the legal, ethical and regulatory framework governing the media in India.

§  To acquaint the historical background of Press regulation and broadcasting in India.

§  To familiarize the student with the Constitutional framework impinging upon the fundamental rights to Freedom of Speech and Expression in India with special reference to Freedom of the Press and the acquaint fundamental right to Privacy.

§  To explain the evolution of broadcasting laws in India and to analyze contemporary developments in relation to broadcasting in India.

§  To provide an over-view of law relating to Defamation in the light of Right to Reputation.

§  To give an understanding to the students about the Right to Privacy in India and the latest developments in relation to the same.

§  To explain the regulation of Social Media and the issues related thereto.

§  To enable the students to apply the various concepts and study the theories in relation to Media.

§  To elucidate  the latest developments, issues and understand the principles laid down in the cases in the field of Media law.

To equip the students with the importance and necessity of media ethics and develop and appreciate journalistic integrity.

 

Learning Outcome

CO 1 : To identify the historical background to the freedom of Press in India.

CO 2: To understand and relate the legal, ethical and regulatory framework governing media in India.

CO 3 : To apply and determine the Constitutional framework in relation to freedom of speech and expression, freedom of Press, right to privacy.

CO 4: To analyse the latest developments and issues in the field of media law along with the principles laid down in the judgments of the courts

CO 5: To evaluate the importance of media ethics and journalistic integrity.

CO 6: To create and synthesize the regulation of media and the legal regime governing the same.

Unit-1
Teaching Hours:10
Introduction to Forensic Science and Law
 

1.Why Forensics?

2. Principles of Forensic Science

3. Forensic evidence analysis in civil and criminal 

Unit-2
Teaching Hours:10
Crime-scene investigation and forensic sciences
 

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-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:15
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).

5.     R. v. Mark Dallagher, [2002] EWCA Crim 1903

6.     R. v. Sally Clark [2003] EWCA Crim 1020

7.     R. v. Harris [2005] EWCA Crim 1980

8.     R. v. Gilfoyle [1996] 1 Cr App R 302, 315D-317G

9.     Selvi vs. State of Karnataka  2010 (7) SCC 263

10.  Mahmood v. State of U.P AIR 1976 SC 69

11.  Frye v. the United States 293 F.1013 (D.C. Cir. 1923)

12.  The Queen v. Bonython (1984) 38 SASR 45

13.  R. v. Mohan, [1994] 2 S.C.R. 9

14.  R. (Doughty) v. Ely Magistrates Court [2008] EWHC 522

15.  Field v. Leeds City Council [2000] 1 EGLR 54

16.  Tooth v. Jarman [2006] EWCA Civ 1028, [2006] 4 All ER 1276

17.     Kumho Tire Company, Ltd. v. Carmichael, 526 U.S. 137 (1999)

18.General Electric v. Joiner, 522 U.S. 136 (1997)

 

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.

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%

LAW886CN - LAW OF COPYRIGHT (2020 Batch)

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

Course Objectives/Course Description

 

Protection of copyright and related rights mainly aims at the promotion of literary, musical and artistic creativity and the dissemination of cultural and information products to the general public.  Such protection offers the indispensable incentives for the creation of new valuable works and for the investment into production and distribution of cultural and information goods.  This is done through granting appropriate economic and moral rights to authors, performer, producers and publishers, through establishing adequate framework for the exercise of these rights, and through providing efficient mechanisms, procedures, remedies and sanctions that are necessary for their enforcement in practice.

Unit 1 gives an overview regarding the philosophical perspectives as well as historical evolution of copyright law. It also deals with the basic concepts of law of copyright. Unit 2 covers the issues pertaining to ownership and licensing of copyright. Unit 3 deals with the law related to protection of performers’ rights and broadcast reproduction rights. Unit 4 provides an understanding about the copyright issues in the recording industry. Unit 5 is to deal with principles and law related to infringement of copyright. Unit 6 provides an understanding about the exceptions and limitations of copyright law. Unit 7 deals with the copyright issues in digital world. Unit 8 is to give an overview of the remedies provided under copyright law.

1.     To gain an understanding of the basic criteria required for obtaining copyright protection in India.

2.     To understand the rules for determination of authorship and ownership of protected works.

3.     To study the economic and moral rights of the authors and owners of protected works.

4.     To learn the different modes of transfer of copyright in India.

5.     To understand the principal grounds for determination of infringement of copyright.

6.     To familiarize with the different instances of fair dealing in India.

7. To discuss the remedies available against copyright infringement in India.

Learning Outcome

CO1: To Understand the rights enjoyed by copyright owners

CO2: To Apply the principles of copyright protection to legal problems.

CO3: To Analyze the principles related to the infringement of copyright

CO4: To Evaluate as against other the international legal framework

CO5: To Draft solutions to the existing problems of copyright law in India.

Unit-1
Teaching Hours:5
Introduction to Copyright Law
 

Historical Evolution of copyright law - Philosophical perspectives of copyright - Nature and scope of copyright - Test of originality – Idea/Expression Dichotomy - Different Works protected under copyright - Economic Rights of Copyright Owners - Author’s Moral Rights- International instruments related to copyright protection

Unit-2
Teaching Hours:8
Authorship & Ownership of Copyright
 

Authorship and ownership of protected works – Definition and General rules; Difference between Contract of Service and Contract for service; Joint Authorship – Authorship and ownership of AI Generated Works

Unit-3
Teaching Hours:8
Performers? Rights and Broadcast Reproduction Rights
 

Protection of Performer’s Rights – Justification of Protection – Nature and Scope of protection – Rights of personality and identity - Bootlegging - Broadcast Reproduction Rights

Unit-4
Teaching Hours:10
Assignment and licensing of protected works
 

Assignment of copyright – General rules and modes of assignment; Licensing of copyright; Statutory licensing; Compulsory licensing; Difference between assignment and licensing of copyright; Collective administration of copyright; Functioning of copyright societies and interface with competition law 

Unit-5
Teaching Hours:10
Infringement of Copyright
 

Mode of infringement of various copyright works – Primary and Secondary Liability –Different tests of copyright infringement - Infringement of neighbouring rights 

Unit-6
Teaching Hours:10
Exceptions to Copyright
 

Mode of infringement of various copyright works – Primary and Secondary Liability –Different tests of copyright infringement - Infringement of neighbouring rights 

Unit-7
Teaching Hours:10
Copyright Issues in the Digital World
 

Copyright and Software - Digital Millennium Copyright Act – Provisions in Indian Copyright Act – Issues related to online file sharing – Circumvention of Technological Protection Measures Digital Right Management

Unit-8
Teaching Hours:10
Remedies
 

Preventive and compensatory civil remedies – Criminal Remedies – Administrative Remedies

Text Books And Reference Books:
  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.
  10. Russell Parr, Royalty Rates for Licensing Intellectual Property, 1st Edition, 2007, John Wiley and Sons Inc.
  11. AkshatPande, Valuation of Intellectual Property Assets, 1st Edition, 2010, Eastern Law House.  
  12. Lionel Bently and Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford University Press.
  13. Jennifer Davis, Intellectual Property Law, 3rd Edition, 2008, Oxford University Press.
  14. Simon Stokes, Digital Copyright – Law and Practice, 1st Edition, 2005, Hart Publishing.
  15. Geoffrey P.Hull, The Recording Industry, 2nd Edition, 2004, Routledge Publication.
  16. Ruth Towse, Copyright in the Cultural Industries, Edition, 2002, Edward Elgar Publishing Inc.
  17. P Narayanan, Copyright and Industrial Designs, 3rd Edition, 2002, Eastern Law House.


 

Essential Reading / Recommended Reading
  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.
  10. Russell Parr, Royalty Rates for Licensing Intellectual Property, 1st Edition, 2007, John Wiley and Sons Inc.
  11. AkshatPande, Valuation of Intellectual Property Assets, 1st Edition, 2010, Eastern Law House.  
  12. Lionel Bently and Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford University Press.
  13. Jennifer Davis, Intellectual Property Law, 3rd Edition, 2008, Oxford University Press.
  14. Simon Stokes, Digital Copyright – Law and Practice, 1st Edition, 2005, Hart Publishing.
  15. Geoffrey P.Hull, The Recording Industry, 2nd Edition, 2004, Routledge Publication.
  16. Ruth Towse, Copyright in the Cultural Industries, Edition, 2002, Edward Elgar Publishing Inc.
  17. P Narayanan, Copyright and Industrial Designs, 3rd Edition, 2002, Eastern Law House.


 

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

Total

10%

25%

10%

50%

5%

100

 

LAW951N - LAW OF TAXATION (2019 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 course primarily focuses on providing an overview on matters relating to Indian tax laws in a systematic manner. The course incldues lessons on direct tax laws as drawn from the Income Tax Act, 1961 and those on indirect tax laws drawn from Goods and Service Tax Act, 2017.  The main aim of this course is to impart practical skills and knowledge to the students about basic principles as enunciated through legislative provisions and case laws. Through this course, students get equipped to undertsand, interpret, and apply the principles and provisions of tax laws.

 

Course Objective -

1. To transform law students into law abiding citizens with a strong tax consciousness and sense of responsibily as tax payers and a realisation of the importance of role of taxes in nation-building

2. To introduce students with the basic concepts of Income Tax Act, 1962 and enable them to compute income under various heads of income to arrive at Gross Total Income

3. To build capacity of students to advise their clients on tax saving and planning straregies, and legal dispute resolution.

4. To enable students to determine tax liability of their clients and advsie them on various procedural aspects of income tax law

5. To introduce students with various substantive and procedural aspects of Goods and Services Tax and its role in the growth and resilence of Indian economy

6. To update students with emerging issues in taxation law of the most contemporary relevance

Learning Outcome

CO1: Understanding of the history and evolution of, rationale for, types, merits and demerits of direct and indirect taxes in India and their constitutional basis.

CO2: Classification incomes into different heads and applying rules of computation of income for each head to arrive at Total Income

CO3: Determination or computation of tax liability by applying provisions on clubbing, set off, and carry forward and those on deductions

CO4: Appreciation of the procedural aspects of income tax laws, including those on Tax Deducted at Source, Tax Collected at Source, Advance Tax, and Returns

CO5: Understanding of the working of Goods and Service Taxation regime in India and its substantive and procedural aspects

CO6: Familiarization of students with emerging issues in taxation

Unit-1
Teaching Hours:7
Introduction to Income Tax Act, 1961
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Reasons for Taxation, Types of taxes and their merits and demerits, Constitutional Provisions relating to Taxation, Basic concepts/Definitions in Income Tax Act, 1961 (Persons, Assessee, Assessment Year, and Previous Year), Charge of Income-tax & Total Income, Residential Status and Incidence of Tax, Incomes which do not form part of the Total Income, Agricultural Income

Unit-2
Teaching Hours:24
Unit 2A: Salary (6 Hours)
 

Heads of Income, Basis of Charge under Salaries, Concept of Allowances and Perquisites, Fringe Benefits, Profits in lieu of Salary, LTC, Gratuity, etc., Computation of Salary in Tax

Unit-2
Teaching Hours:24
Unit 2B: House Property (2 Hours)
 

Charging Section in House Property, Determination of Annual Value, Deductions from and Computation of Income under House Property

Unit-2
Teaching Hours:24
Unit 2D: Capital Gain (6 Hours)
 

Basis of Charge, Concept of Capital Assets, Computation of Capital Gain, Cost of Acquisition and Cost of Improvement, Indexation, Special cases of computation, Exemptions from Capital Gain

Unit-2
Teaching Hours:24
Unit 2E: Other Sources (2 Hour)
 

Incomes included in Other Sources, Dividend, Lotteries, etc., Interest on securities, Other and Deemed income.

Unit-2
Teaching Hours:24
Unit 2C: Profits and Gains from Business and Profession (8 Hours)
 

Meaning of Business or Profession, Charging Section of Business or Profession, Computation of Profits and Gains of Business or Profession, Depreciation, Deductions, Special Provisions for Business or Profession

Unit-3
Teaching Hours:9
Unit 3A: Determination of Tax Liability
 

Determination of Tax Liability: Income from Other Persons included in assessee’s Total Income, Aggregation of Income and Set off or Carry Forward of Losses, Deductions to be made in computing Total Income, Rounding off and computation of tax liability.

Unit-3
Teaching Hours:9
Unit 3B: Procedural Aspects of Income Tax Law
 

TDS, TCS, Advance Tax, Return of income, Assessment, Appeals and Revisions, Penalties and Prosecution, Income Tax Authorities, Recovery of Taxes

Unit-4
Teaching Hours:16
Goods and Service Tax
 

Legislative background, Constitutional Amendment, Basic Concepts of GST, IGST, CGST, SGST, Concept of Supply, Taxable event, exemption, composite and mixed supply, place of supply, composition levy, time of supply, value of supply, ITC, Registration, Returns, Assessment.

Unit-5
Teaching Hours:4
Emerging Issues in Taxation
 

Base Erosion and Profit Shifting (BEPS), Digital or E-commerce Taxation, Equalisation Levy, DTAA, Transfer Pricing

Text Books And Reference Books:

1. Dr. Girish Ahuja & Dr. Ravi Gupta, Principles of Taxation Law, Commercial's, 2022

2. T. N. Manoharan, Students Handbook on Taxation, Snowhite, 2023

3. Vinod Singhania & Monica Singhania, Students Guide to Income Tax, Taxmann, 65th Ed., 2021

4. Dr. Girish Ahuja & Dr. Ravi Gupta, Systematic Approach to Indirect Tax, Commercial's, 2022

5. Tax Law - Executive Model 1 Paper 4, Institute of Company Secretariship of India, 2020

6. Direct Taxation - ICWAI Intermediate Paper 7, Institute of Cost and Works Accountants of India, 2019

7. Intermediate Course Study Material Paper 4 - Taxation, Institute of Chartered Accountants of India, 2022

8. Income Tax Act with gist of Supreme Court cases, Bharat's, 33rd

 

 

Essential Reading / Recommended Reading

1. S. R. Myneni, Law of Taxation, Allahabad Law Agency, 2017

2. Jyoti Rattan, Taxation Law, Bharat's, 14th

3. Ullas Kumar Saha, Principle of Taxation, Central Law Publication, 2nd ed., 2023

4. Kailash Rai, Taxation Laws, Allahabad Law Agency, 2023

5. Jaspreet Singh Johar, Taxation, Bharat's, 2022

6. Ramamurthy S., Introduction to Taxation: A Textbook for Law Students, Company Law Institute, 2023

7. Vinod Singhania, Direct Tax Law and Practice, Taxmann, 2023

8. V. S. Datey, GST Ready Reckoner, Taxmann, 2023

Evaluation Pattern

Assessment

CIA I

CIA II

CIA III

ESE

Attendance

Total 

 Weightage

10%

 25%

10% 

50% 

05

100

Method

Blog writing

Written exam

Research Paper

Written exam

-

-

LAW952N - LAW OF EVIDENCE (2019 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.

Learning Outcome

CO1: Analyze the relevancy of opinions, expert testimony and hearsay evidence.

CO2: Identify the elementary principle of the Law of Evidence, the general nature of evidence law and different types of evidence.

CO3: Evaluate the rules relating to the relevancy and admissibility of certain facts such as admission, confession, and dying declaration.

CO4: Make an argument for or against the admissibility of evidence including that which has been unlawfully obtained, or of character evidence.

CO5: Compare various case file materials (primary and secondary documents, oral evidence, etc.) to make a coherent and persuasive argument for the admission or exclusion of a specific item of evidence.

CO6: Determine and analyze the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions.

CO7: Determine the rules relating to the competence of witnesses with respect to a suit or a trial.

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-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-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-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-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:

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.

10.  Ratanlal & Dhirajlal: The Law of Evidence, Wadhwa Company, Nagpur , 2014.

11.  Woodroffe and Amir Ali (Revised by: B.M.Prasad,Manish Mohan) , Lexis Nexis, 2012.

12.  Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2010.

13.  Sarkar S.C, Commentary on Indian Evidence Act, 1872., Vol. 1 & 2: Dwivedi Law Agency, Allahbad.

14. Field. Field’s Commentary on Law of Evidence. Delhi: D. L. House, 2006

Essential Reading / Recommended Reading

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.

10.  Ratanlal & Dhirajlal: The Law of Evidence, Wadhwa Company, Nagpur , 2014.

11.  Woodroffe and Amir Ali (Revised by: B.M.Prasad,Manish Mohan) , Lexis Nexis, 2012.

12.  Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2010.

13.  Sarkar S.C, Commentary on Indian Evidence Act, 1872., Vol. 1 & 2: Dwivedi Law Agency, Allahbad.

14. Field. Field’s Commentary on Law of Evidence. Delhi: D. L. House, 2006

Evaluation Pattern

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%

Attendance - 05%

End semester examination - 50%

LAW963N - COMPETITION LAW (2019 Batch)

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

Course Objectives/Course Description

 

The process of globalization and liberalization have brought a considerable awareness towards improving the competitive process in developing economies such as India. Until recently most of the developing countries operated without a structured competition policy, and have justified the intervention by the state over economic activities. India owing to its WTO obligations enacted Competition Act, 2002. The course seeks provide fundamentals of market economy and extensive knowledge of application of competition policy in India.

Learning Outcome

CO1: 1. Critically examine the types of behaviours 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.

CO2: 2. Test the strategies and mechanisms of Competition Law Enforcement and compare the same with US and EU.

CO3: 3. Analyse and apply economic theory and the legal requirements of CCI and COMPAT/NCLAT to determine and resolve complex Competition Law issues

CO4: 4. Examine the challenges faced by corporations when they expand in an organic or non-organic manner into new territories, markets and products

CO5: 5. Independently research and evaluate solution 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-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
 

1.      Anti competitive agreements: Concept, forms and treatment in India

2.      Parallel import

3.      Treatment of anti- competitive agreements under USA, EU, UK, Australia

Unit-4
Teaching Hours:6
Abuse of Dominant Position
 

1.      Abuse of dominant position: Concept, forms and treatment in India

2.      Essential facilities doctrine

3.      Refusal and abuse of dominant position

4.      Pricing strategies and abuse of dominant position

5.      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-6
Teaching Hours:6
Competition Commission of India
 

1.      Constitution and Composition of Commission Powers of the Commission

2.      Role of the DG

3.      Appellate Tribunal

4.      Penalties & remedies

Unit-7
Teaching Hours:6
Authorization and Notification
 

1.      Concept of authorization and notification

2.      Process for notification and authorization

3.      Treatment of authorization and notification under USA, EU, UK, Australia

4.      Concept of authorization and notification, Process for notification and authorization

5.      Treatment of authorization and notification under USA, EU, UK, Australia

Unit-8
Teaching Hours:6
IPR and Competition Law
 

1.      Theoretical basis of IPR and Competition law

2.      TRIPs and its impact on competition law regime

3.      Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

4.      Doctrine of exhaustion and it’s treatment

5.      Modern trend to the conflict in IPR and Competition law

Unit-9
Teaching Hours:8
Modern Dimensions of Competition Law
 

1.      WTO and it’s impacts on Competition Laws with reference to UNCTAD

2.      International enforcement and judicial assistance

3.      Applicability of competition law into agricultural sector

4.      Dumping

5.      State aid

6.      Recession

Text Books And Reference Books:

1.      Whish, Richard. Competition Law. London: Oxford University Press, 2009.

2.      Furse, Mark. Competition Law of the EC and UK. London: Oxford University Press, 2008.

3.      Dugar, S. M. Guide to Competition Law: Containing Commentary on Competition Act, MRTP Act and Consumer Protection Act. LexisNexis-Butterworths Wadhwa Nagpur, 2010.

4.      Dhall, Vinod. Competition Law Today: Concepts, Issues, and the Law in Practice. New Delhi: Oxford University Press, 2007.

5.      Ritter, Lennart. European, Competition Law: A Practitioners Guide. Netherlands: Kluwer Law International, 2004.


Essential Reading / Recommended Reading

1. Rodger, Barry J. Competition Law and Policy in the EC and UK. London: Cavendish, 1999.

2. Dabbah, Maher M. EC and UK Competition Law: Commentary, Cases, and Materials. London: Cambridge University Press.

3. Mittal, D. P. Competition Law and Practice. New Delhi: Taxmanns Allied Services, 2008.

4. Ramappa, T. Competition Law in India: Policy, Issues, and Developments. New Delhi: Oxford University Press, 2006.

Evaluation Pattern

Total Marks - 100

Section A - 5x6 (any 6 questions of 5 marks each)

Section B - 10x4 (any 4 questions of 10 marks each)

Section C - 15x2 (any 2 questions of 15 marks each)

LAW984BN - SPORTS LAW (2019 Batch)

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

Course Objectives/Course Description

 

     

Course Description

Sport is a global phenomenon. The emergence of sports law as a separate field of study in law is an indication of its significance in our society. This course seeks to provide a comprehensive understanding of sports law in contemporary sports context by tracing out the historical evolution of sports law.

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 interplay between sports and tortious act

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 in sports and IPR and antitrust issues through extensive coverage 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: Apply international procedural rules in sports disputes

Unit-1
Teaching Hours:10
UNIT 1- 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
UNIT 2 ? 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
UNIT 3 ? 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
UNIT 4 ? 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, discipline)

Unit-5
Teaching Hours:10
UNIT 5 ? 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
UNIT 6 ? 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, TandT Clark Edinburgh 2000.

5. Sports Law and Regulations, Mitten Davis and Smith Berry, Aspen Publishers, Wolters Kluwer(Law and Business)

 

Essential Reading / Recommended Reading

 

1. What is Sports Law? Timothy Davis Rev. 2y 11 2000-2001

2.  The Olympics The basic Andy Miah and Beatriz Garca, 201

3.  Emerging Issues in Sports Law, Steve Underwood and Christopher Whitson

4. Law and Sports in India, Mukul Mudgal 2nd Edition 2010 

5. An Anti-trust Analysis of Sports League Contracts with Cable Network, Ross ,39 EMORY L. J. 463 (1990).

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%

LAW984DN - ANTITRUST AND PATENT LAW (2019 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 core syllabus of this paper is confined to the various concepts of  Patent and Antitrust law.

·       Unit 1 provides an understanding of the philosophies of Antitrust and Patent law and the patent-competition intersection.

·       Unit 2 studies the patent system and the economic functions in US, EU and India.

·       Unit 3 will provide the evolving views of patent-competition law intersection and relationship.

·       Unit 4 deals with specific issues in technology markets a

·       Unit 5 deals with patent hold-up and misuse.

·       Unit 6 equips the students with agreements concerning patented technology

Course Objective 

The course aims:

1.      To introduce the the philosophies of Antitrust and Patent law.

  1. To facilitate knowledge and understanding of the patent-competition law intersection.
  2. To provide an understanding of the the patent laws of US, EU and India.
  1. To familiarize students with specific issues in technology markets and
  2. To discuss on technology corporation and transfer and other agreements concerning patented technology.

Learning Outcome

CO 1 : Identify and describe the concept taught in the respective module.

CO 2: List out the essential characteristic of the concept

CO 3 : Apply the concept correctly to legal problems.

CO 4: Analyse the legal concept.

CO 5: Evaluate as against other events of a similar nature and articulate the problem areas for the deficiency.

CO 6: Devise a correct way of handling the legal problem

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophies of competition law and patent law – Patent-competition intersection – Developments in antitrust law – Actavis case of US – AstraZeneca case of EU – Standard Essential Patents – Patent Assertion entities

Unit-2
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:6
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-4
Teaching Hours:7
SPECIFIC ISSUES IN TECHNOLOGY MARKETS
 

Market definition – patented technology and market – market power – patent monopoly power – Antitrust issues in secondary open and closed systems – Noerr-Pennigton doctrine

Unit-5
Teaching Hours:14
PATENT HOLD-UP AND MISUSE
 

Standard setting hold up – Antitrust limits on SEPs – SEP assertion – Tragetted patent aggregation – Patent misuse

Unit-6
Teaching Hours:13
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. Healthcare Antitrust, Settlements, and the Federal Trade Commission, James LangenfeldEdwin Galeano

2. Antitrust Law, Gerrit De GeestShin-Ru Cheng

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%

LAW985AN - NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS (2019 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 a legally 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. 

 

 COURSE OBJECTIVES:

Objectives of this course are:

1.     To inculcate practical understanding of applied contract law in the students.

2.     To equip the students with the knowledge of the nitty-gritties of effective negotiation.

3.     To develop the ability in the students to draft effective contracts.

4.     To introduce the students to the process of vetting contracts 

 

Learning Outcome

1: To negotiate a contract on given subject.

2: To classify and differentiate between various kinds of contract and to extract essential information from a contract.

3: Analyse the process of contract vetting and vet contracts based on the principles.

4: Draft, interpret and modify Contracts.

Unit-1
Teaching Hours:10
INTRODUCTION
 

1.     Overview of The Indian Contract Act

2.     Types of contracts

3.     modes of contract making

4.     Process of formation of contracts

5.     Enforceability of contracts

6.     Breach of contracts and remedies

7.     Arbitration

 

Unit-2
Teaching Hours:20
NEGOTIATION OF CONTRACTS
 

1.     Concept of negotiation of contract

2.     Pre-negotiation preparations and Pre negotiation documents

3.     Influencing factors in contract negotiation

4.     Modes of Incorporation of contractual Clauses

5.     Terms generally used in contracts

6.     Checklist for legally binding contracts

7.     Arbitrability

Unit-3
Teaching Hours:20
DRAFTING OF CONTRACTS
 

1.     Structure and format of a contract

         2.     Contract drafting techniques

Unit-4
Teaching Hours:10
VETTING OF CONTRACTS
 

1.     Concept of contract vetting

2.     General principles of vetting of contracts

           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.     Macdonald, E. (2006). Exemption clauses and unfair terms. 2nd Ed. Bloomsbury Professional.

3.     Ward, E(2011). Contract Negotiation Handbook: Getting the Most Out of Commercial Deals. 1 Ed. Wrightbooks

 

Essential Reading / Recommended Reading

1.Contracts and their Management, BS Ramaswamy, Lexis Nexis 

2. A Book On Drafting Of Commercial Contracts And Agreements, By CA. Rajkumar S. Adukia

3. Negotiation Skills and Techniques, Contracts and their Management, BS Ramaswamy, Lexis Nexis,

Evaluation Pattern

SCHEME OF VALUATION

·       Negotiation Exercise                                      20%

·       Drafting of contract                                        20%

·       Vetting of Contract                                        20%                   

Record Book + Viva                                                40%

LAW985FN - AVIATION LAW (2019 Batch)

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

Course Objectives/Course Description

 

 

Primary focus of the course is to impart the concept and legal aspects relating to aviation laws at international, national and municipal level. Aviation industry is growing fast globally. International and national civil aviation sector is significant from legal and economic perspective. 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. Aviation criminal law, aviation labour law, aviation insurance, aviation business, aviation medical cases, dispute settlement, liability and insurance are some of the major legal issues relating to the aviation sector. There are international, national and municipal laws which regulate theaviation sector.

COURSE OBJECTIVEs

·       To understand the origin and development of aviation laws

·      To acquaint the students with the development of aviation laws at  international and national level and the fundamental principles applied.

·      To develop an understanding on airport laws and also the implications of aviation laws on the environmental laws by analysing national and international laws in this respect.

·       To acquaint the students about the dispute settlement mechanism under the aviation laws.

·       To  draft policies pertaining to existing and emerging legal issues relating to aviation sector.

 

 

Learning Outcome

CO1: Understand the historical development of aviation laws in international and national perspectives

CO2: Apply the fundamental principles of aviation law

CO3: Identify the developing areas of aviation law.

CO4: Analyse aviation law and its implications on environmental laws.

CO5: Understand and analyze the dispute settlement mechanism in aviation laws and able to suggest solutions for aviation disputes.

Unit-1
Teaching Hours:12
Overview and Development of Aviation law
 

Origin and development of aviation laws, impact of world wars, development of international aviation laws, boundaries of air space and outer space, aircraft financing (Cape Town Convention and its Protocol, Aircraft Protocol, financing of aircraft engine,, medical certification, aviation accident law, aviation criminal law (Crimes on board on aircrafts, Hijacking, cases analysis (cases on hijacking, Lockerbie case), aviation labour law, aviation insurance, aviation business, aviation medical cases

Unit-2
Teaching Hours:12
Fundamental Principles and Legal Regime : Aviation Law.
 

Aviation regulation, enforcement action, Hague Convention, 1970 (Anti-Hijacking Convention), Beijing Protocol to Hague Convention, 2010, Beijing Convention, 2010, Montreal Convention, Chicago Convention and Fundamental Principles, Tokyo Convention, 1963, Protocol amending Tokyo Convention, different types of aircrafts (civil and state), Aircraft Act, 1934, Carriage by Air Ac, 1972, Anti-Hijacking Act, 2016

Unit-3
Teaching Hours:12
Airport Laws
 

Airport zoning and noise, airport ownership and operation, airport development and funding, ICAO, air navigation, international air transport, civil aviation – director general, Airport Authority of India, Airport Economic Regulatory Authority, Bureau of Civil Aviation Security, International Air Services and Transit and Transport

 

Agreements, national aviation laws, comparative analysis, Aircraft Act, 1934, Aircraft Act, 1994, Civil Aviation Requirements, Carriage by Air Act, 1972, Aircraft (Carriage of Dangerous Goods) Rules, 2003, Air Corporations Act, 1953, Airports Authority of India Act, 1994 and Rules, Anti-Hijacking Act, 1982, Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982, Airports Economic Regulatory Authority of India Act,2008.

Unit-4
Teaching Hours:12
Aviation and Environment Law
 

Economic considerations, problems and impact of air activities on environment, objectives of legal control of environment, nature of aviation activities in subsonic and supersonic era, international action and legal efforts, International Civil Aviation, global public good, globalization, EU emission trading system

Unit-5
Teaching Hours:12
Dispute Settlement In Aviation Law
 

Airspace under state territorial sovereignty, Territorial jurisdiction, nationality of flight, freedom of the air, right over flight, ICAO (ICAO convention for Aerial collision, decision making in air traffic control), principle of equality, air safety (factors affecting air safety, investigation of air accidents, safety from military operations, unlawful interferences), prohibited and restricted areas, scheduled and non-scheduled traffics, bilateral agreements, alternative measures (Non-territorial governance, subsidiary), Exculpatory Contracts, Government Liability for Aircraft Accidents.

 

 

Text Books And Reference Books:
  1. A Guide to India’s Aviation Law by Thomson Reuters South Asia Private Limited.
  2. International Aviation Law: A Practical Guide by Paul Stephen Dempsey.
  3. The Principles and Practice of International Aviation Law by Brian F. Havel.
  4. Saligram Bhatt, Aviation Environment and World Order, APH Publishing Cooperation, New Delhi, 2013.

  5. Rodney D. Ryder, Aviation Law, Bloomsbury, New Delhi, 2019.

  6. 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

Essential Reading / Recommended Reading
  1. A Guide to India’s Aviation Law by Thomson Reuters South Asia Private Limited.
  2. International Aviation Law: A Practical Guide by Paul Stephen Dempsey.
  3. The Principles and Practice of International Aviation Law by Brian F. Havel.
  4. Saligram Bhatt, Aviation Environment and World Order, APH Publishing Cooperation, New Delhi, 2013.

  5. Rodney D. Ryder, Aviation Law, Bloomsbury, New Delhi, 2019.

  6. 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

Evaluation Pattern
  1.     CIA I – Class Test / Assignment / Presentation/ Case Analysis/ Article writing– 10%
  2.     CIA II – Mid Semester Examination – 25%
  3.     CIA III Class/Test/Assignment/Presentation/Case Analysis/ Article writing – 10%
  4.      Attendance – 5%
  5.     End Semester Examination – 50%

 

LAW986BN - INTERNATIONAL COMMERCIAL ARBITRATION (2019 Batch)

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

Course Objectives/Course Description

 

1. Course Description: 

The course provides a comprehensive understanding of the principles, practices, and legal framework governing international commercial arbitration, specifically within the Indian context. It explores the intersection of international arbitration principles and Indian arbitration laws, equipping students with the necessary knowledge and skills to navigate the complexities of resolving commercial disputes in the global arena. By the end of this course, students will possess a deep understanding of international commercial arbitration principles, an ability to apply them within the Indian legal framework, and the necessary skills to navigate and excel in resolving commercial disputes in an international context. 

2. Course Objectives:

1. To familiarize students with the basic principles and processes of International Commercial Arbitration 

2. To equip students with the essential International Arbitration laws and the Indian law on the subject 

3. To provide meaningful insights on key issues in the subject such as the variations in arbitral processes across jurisdictions and the challenges to enforcement of foreign arbitral awards

Learning Outcome

CO1: Develop conceptual knowledge base of international commercial arbitration with specific reference to Indian Arbitration & Conciliation Act, 1996

CO2: Enable students to appreciate similarities and differences between arbitration procedures under major international arbitration rules used in practice

CO3: Analyze the criteria for interim measures to be granted in international commercial arbitration

CO4: Apply the choice of law & jurisdiction to contextual/hypothetical cases in international commercial arbitration

CO5: Critically analyze the shortcomings of the international regime of recognition and enforcement of arbitral awards

Unit-1
Teaching Hours:5
Introduction To Commercial Arbitration and its Primary
 

The two categories of Primary sources; One is treaties & the other is national laws that are relevant to international commercial arbitration. 

•Ad-hoc & main institutional structures- UNCITRAL, ICC, ICSID, WIPO

•Arbitration & Conciliation Act, 1996 (India), Indian Institutions, Laws

 

Unit-2
Teaching Hours:15
Principles and Practice Of Law In International Commercial Arbitration
 

1.Jurisdiction

2.Party Autonomy

3.Non-Signatories (jurisdiction ratione personae) 

4.Separability

5.Competence-Competence

6.Territorial Principle 

7.Expert witness 

8.Confidentiality and Privacy 

9.Arbitral Award

 

Unit-3
Teaching Hours:15
Choice of Law
 

1.Procedural Law

      The Law Governing the Arbitral Proceedings 

      The Law Governing the Arbitration Agreement 

      The Law Governing Arbitrability 

2.Substantive Law

The Law Governing the Contract (When Parties Specify a National Law, When Parties Allow a Non-National Standard or When the Agreement Is Silent as to Substantive Law)

o National or International Law

oLex Mercatoria 

oUnrelated National Law 

oDe ́pec ̧age 

oRenvoi Ex Aequo et Bono and Amiable Compositeur

3.Debate on Seat v. Venue

Unit-4
Teaching Hours:15
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: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/Recourse against Arbitral Awards

4.Recognition and Enforcement

Text Books And Reference Books:

1.Giuditta Cordero-Moss, International Commercial Arbitration: Different Forms and their Features, (2013) Cambridge University Press. 

2.Gary B. Born, International Commercial Arbitration, (2014) Kluwer Law International. 

3.Greenberg, et al, International Commercial Arbitration: An Asia Pacific Perspective, (2011) Cambridge University Press. 

4.Lew, Mistelis, et al, Comparative International Commercial Arbitration, (2003) Kluwer Law International. 

 

Essential Reading / Recommended Reading

1.Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, (2012) Cambridge University Press.

2.Markanda, et al, Law Relating to Arbitration and Conciliation, (2013) Lexis Nexis Butterworths Wadhwa.

3.Mustil Michael, Commercial Arbitration, (1989) Lexis Nexis Butterworths.

4.Port, Otto, et al, Recognition and Enforcement of Foreign Arbitral Awards: Global Commentary on the New York Convention, (2010) Kluwer Law International.

5.Redfern, Hunter, et al, Law and Practice of International Commercial Arbitration, (2004), Sweet and Maxwell.

6.Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.

7.Savage, Gaillard (eds), Fouchard Gaillard Goldman on International Commercial Arbitration, (1999) Kluwer Law International.

8.Sethi, Gupta, et al, Indian Commercial Arbitration and its perspective, (2011) Universal Law Publishing.

 

Evaluation Pattern

Assessment Description:

CIA I: Quizzes

CIA II: Mid-Semester Examination

CIA III: Reflection Essay 

Assignment description:

1.CIA: Quizzes

(1)About the Assignment: Quizzes, each of 10 MCQ with 4 options aimed to revise the factual knowledge, will be issued to students at various stages of the course covering the Units, as and when they are covered. 

(2)What the student is expected to do: The student is expected to answer all the questions from the quizzes and submit the same by the end of a weekend. 

(3)Submission mode: The quizzes will be prepared online and the submission will also be done via online. 

(4)Deadline: 11:59 PM, the Sunday, following the issuance of quiz.

(5)Nature of Assignment: MCQ

(6)Word Limit: Not applicable, as the student has to mark the correct option

(7)Typed/Handwritten: Typed

(8)Penalty for Late/Non-Submission: 0 marks if not completed by the deadline 

(9)Plagiarism Prevention Guidelines: Not applicable

 

2.CIA II: Mid-Semester Examination

(1)About the Assignment: This exam, would be focused on the first half, i.e., the first 2.5 Units of the syllabus, with the End-Semester Exam focused primarily on the latter half, i.e. the last 2.5 Units of the syllabus. The structure of the exam will be as follows:

A.10 MCQ from the first 2.5 Units testing the conceptual understanding of students

B.2 Short-Answer Questions of 500 words each testing the similarities and differences between arbitration procedures under major international arbitration rules. Questions will be framed from Unit 2.

C.1 Long-Answer Question of 1000 words testing the student’s reflections on a critical issue from Unit 3.

(2)What the student is expected to do: The student is expected to exhaustively cover all the reading materials from the first 2.5 units of the course and all the relevant class lecture notes so as to be able to qualify the examination. 

(3)Submission mode: The examination will be conducted under timed conditions in an examination hall under my supervision. It will be of 1.5 hours duration. All answer scripts will be handed over in-person. 

(4)Deadline: The date of the Mid-Semester Examination, as scheduled. 

(5)Nature of Assignment: Written Test 

(6)Word Limit: As per the instructions of the question viz. 500 words for Short-Answer Questions and 1000 words for Long-Answer Question. 

(7)Typed/Handwritten: Handwritten

(8)Penalty for late/non-submission: 0 marks 

(9)Plagiarism Prevention Guidelines: All the sources from the readings are to be cited by the relevant author names. 

3.Reflection Essay

(1)About the Assignment: Seminars featuring upto 5 experts in the field will be held at various points of the course. The student will have the option to chose from any one of these seminars to write the reflection essay. The reflection essay will be on the topic delivered by the speaker(s) using the OSCOLA (4th edition) referencing style for citations. This Assignment will be meant to test the critical thinking skills of the student. 

(2)What the student is expected to do: The student is expected to attentively listen to the talk of the expert(s) and submit the assignment using his own reflections on the issues highlighted by the Speaker(s). 

(3)Submission mode: The submission will be via email, viz. the student shall submit the assignment in response to the email detailing the assignment. 

(4)Deadline: 11:59 PM on the 14th day following the Seminar

(5)Nature of Assignment: Essay

(6)Word Limit: 1500 words

(7)Typed/Handwritten: Typed 

(8)Penalty for late/non-submission: -5 marks for each date post the deadline and 0 marks in case of non-submission post 3 days after the deadline. 

(9)Plagiarism Prevention Guidelines: The student shall turn in the paper on Turnitin and submit the similarity report along with the essay submission. In case, plagiarism is detected, penalty marks will be awarded depending on the extent of plagiarism. 

Course outcomes:

1.CO-1: Develop conceptual knowledge base of international commercial arbitration with specific reference to Indian Arbitration & Conciliation Act, 1996

2.CO-2: Enable students to appreciate similarities and differences between arbitration procedures under major international arbitration rules used in practice  

3.CO-3: Analyze the criteria for interim measures to be granted in international commercial arbitration                                                                                                                             

4.CO-4: Apply the choice of law & jurisdiction to contextual/hypothetical cases in international commercial arbitration                                                                                                                        

5.CO-5: Critically analyze the shortcomings of the international regime of recognition and enforcement of arbitral awards

Evaluation Rubric/s:

1.CIA I: Quizzes (20 Marks): For answering 70% of the questions correctly, in a quiz, the student gets 5 marks. Thus, each passing of quiz will reward the student with 5 marks. The quizzes are purely aimed at testing the factual knowledge of the subject matter. Depending on the Unit, questions will be distributed on the principles, concepts, theories, procedures and laws concerning the subject. Case law-based knowledge will not form a major area of evaluation given the lack of same in the subject. 

2.CIA II: Mid-Semester Exam (50 marks): 10 Multiple Choice Questions worth 1 mark each on the conceptual knowledge

The Short-Answer questions, of 10 marks each, will be tested on:

a.Factual knowledge of the relevant procedures – 5 marks

b.Identification of similarities and differences in procedures – 5 marks 

The Long-Answer question, worth 20 marks, will be tested on the following criteria: 

a.Structure: 2 marks

b.Grammar: 2 marks

c.Elucidation of the issue/problem: 4 marks

d.Reflections of the issue/problem: 10 marks

e.Summary: 2 marks

3.CIA III: Reflection Essay (20 Marks):

The assignment will be evaluated based on the following parameters:

1. Knowledge of Subject Matter (5 marks): Demonstrates a comprehensive understanding of the topic discussed in the seminar.

2. Identification of the Key Theme in the Seminar (1 mark): Clearly identifies and articulates the central theme or main argument presented by the speaker.

3. Identification of Three Key Issues Highlighted in the Seminar (3 marks; 1 mark for each issue): Presents a clear understanding of the complexities and implications of these issues.

4. Critical Analysis and Personal Reflection (8 marks): Engages in critical analysis of the seminar content, offering insightful perspectives and opinions.

5. Referencing (1 mark): Accurately and consistently applies the OSCOLA 4th Edition referencing style.

6. Structure (1 mark): Presents a well-organized and coherent essay structure, with a clear introduction, body paragraphs, and conclusion.

7. Grammar (1 mark): Displays proficiency in grammar, spelling, and punctuation.

 

LAW986FN - SPACE LAW (2019 Batch)

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

Course Objectives/Course Description

 

Entering into the outer space is among the furthermost triumph in the history of the mankind. Exploration of the outer space has resulted in the hasty developments in the scientific and technological field. But at the same time it carried number of problems requiring legal solutions. Consequently, the space law started to emerge as a separate branch of international law. Now with the colossal advancement in the meadow of space technology, the legal regime of the outer space is overlapping with the municipal laws, such as law of financing, intellectual property law, tort law, criminal law, information technology law and so on. for that reason the space law, which has started as an progeny of international law, has now percolated into the municipal sphere and has gained remarkable magnitude in the present century. Unit 1 deals with benefits of using space technology and development of space law. Unit 2 deals with Fundamental Principles governing space law and role of United Nations in the development of space law. Unit 3 deals with registeration of space objects and liability of launching state in case of damage resulting from their space activities. Unit 4 deals with demilitarization or prevention of use of nuclear weapons in the outer space . It woulf further aware students about the environmental damages of activities of humans in outer space and how to deal with them. Unit 5 deals with framework for dispute settlement for cases related to activities in outer space. Unit 6 deals with need for national legislation for space law in India as well as the comparative study with the laws of USA and Canada.

Learning Outcome

CO1: The students shall be able to tell the principles and processes of space regulation both at National and International Level.

CO2: Apply the legal principles and methods to ascertain problems in outer space.

CO3: The students shall have the comparative understanding of space laws of India, USA, Canada.

Unit-1
Teaching Hours:10
Unit 1
 

Unit 1 deals with benefits of using space technology and development of space law

Unit-2
Teaching Hours:10
Unit 2
 

Unit 2 deals with Fundamental Principles governing space law and role of United Nations in the development of space law

Unit-3
Teaching Hours:10
Unit 3
 

Unit 3 deals with registeration of space objects and liability of launching state in case of damage resulting from their space activities. 

Unit-4
Teaching Hours:10
Unit 4
 

Unit 4 deals with demilitarization or prevention of use of nuclear weapons in the outer space . It woulf further aware students about the environmental damages of activities of humans in outer space and how to deal with them. 

Unit-5
Teaching Hours:10
Unit 5
 

Unit 5 deals with framework for dispute settlement for cases related to activities in outer space.

Unit-6
Teaching Hours:10
Unit 6
 

Unit 6 deals with need for national legislation for space law in India as well as the comparative study with the laws of USA and Canada.

Text Books And Reference Books:

1.)Studies in International Space Law, Bin cheng

2.)Outer Space Law: From Theory to Practice, Sandeepa Bhat

3.) An Introduction to Space law , IH Ph Diederics

4.) Space Law : A Treatise , Franciss Lyall

5.) Recent trends in International Space Law, VS Mani, S Bhat, V Balakista Reddy

6.) Shyamala D and Sandeepa Bhat B., China's Anti Satellite Missile Test : Political and Legal Ramifications 

7.) Jitendra Kumar, The Geostationary Satellite Orbit : An Overview of Issues

8.) Vladimir Kopal, Introduction to United Nations Treaties and Principles on Outer Space 

9.) Proceedings of the United Nations Space Law Workshop on Capacity Building in Space Law, 2003

Essential Reading / Recommended Reading

1.) Space law in the era of commercialization : Sandeepa Bhat

2.) Report of the Third United Nations Conference on the exploration and peaceful uses of outer space (1999) A/CONF./184/6

3.) HS Rana, The Common Heritage of Mankind and the Final Frontier : A Revaluation of Values Constituting the International Legal Regime for Outer Space Activities, 26 Rutgers L.J. 225, (1994)

4.) B Schmidt- Tedd and M Gerhard, Registration of Space Objects: Current problems and perspectives for future regulations ( Eds. M. Benk and K.U. Schrogl) (2005), 132

5.) Hobe, Adequacy of the current Legal and Regulatory Framework relating to Extraction and Appropriation of Natural Resources, 32 annals of Air and Space Law (2007)

6.) M Williams, Dispute Resolution Regarding Space Activities in Handbook of Space Law ( Frans Von Der Dunk and F Trochetti ed.) (2015) pp. 995-1056

7.) Abhijeet K., State Practices Towards National Space Legislation in National Space Legislation for India, Springer, Singapore (2020) 

 

 

 

 

Evaluation Pattern

CIA 1 : 10

CIA 2 : 25

CIA 3 : 10 

End Semester Examination: 50

Ateendance : 5

LAW1071N - MOOT COURT AND INTERNSHIP (2019 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.

Learning Outcome

CO 1 : A student will be able to prepare arguments and case briefs to the given legal problem by applying the appropriate law at the national and local level

CO 2: Analyze the case law and demonstrate legal argumentation by presenting them in a concise manner

CO 3 : Compose and compile the legal documents in an organized manner

CO 4: Demonstrate knowledge of court procedure and mannerism

CO 5: Employ the techniques of client interviewing

CO 6: Observe courtroom demeanour and client counselling

Unit-1
Teaching Hours:15
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:15
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

1.     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 1.     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.

2.     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.

3.     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:15
INTERSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

Unit-4
Teaching Hours:6
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

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

 

LAW1072N - DISSERTATION (2019 Batch)

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

Course Objectives/Course Description

 

Course description and Objective 

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:10
Proposal presentation
 

Students will be assessed based on how well they have prepared the rough draft of their dissertation. The presentation will not carry any marks however they will assessed on these below mentioned parameters.   

1. Research Problem

2. Literature Review

3. Methodology

Unit-2
Teaching Hours:10
Synopsis Presentation
 

This presentation will carry marks and students will be assessed based on these parameters :-

1. Title of the dissertation 

2. Structure of synopsis & Literature Review

3. Research Problem

4. Clarity of concept

5. Articulation

 

Unit-3
Teaching Hours:20
Progress Presentation
 

This presentation will carry marks and students will be assessed based on these parameters :-

1. Literature Review 

2. Progress on Chapters

3. Clarity of Concept

4. Articulation

5. Submission of abstract for paper publication 

Unit-4
Teaching Hours:10
Pre Viva Presentation
 

This presentation will carry marks and students will be assessed based on these parameters :-

1. Draft Thesis 

2. Literature Review

3. Methodology 

4. Articulation / Defence

5. Proof of paper submitted for publication 

Unit-5
Teaching Hours:10
Viva Voce
 

This prssentation will be assessed by an external examiner based on following parameters :-

1. Structure 

2. Statement of Problem

3. Literature Review

4. Articulation / Defence

5. Proof of paper publication 

Text Books And Reference Books:

Reference material will be as per the topic selected by the students with the help of their respective supervisors. 

Essential Reading / Recommended Reading

Reference material will be as per the topic selected by the students with the help of their respective supervisors. 

Evaluation Pattern

Assessment Outline

1. Proposal Presentation ( Carries no marks)

2. Synopsis Presentation ( 25 Marks )

3. Progress Report Presentation (20 Marks)

4. Pre Viva Presentation ( 25 Marks)

5. Final Viva and Paper Publication (30 Marks)

 

TOTAL 100% 

LAW1073N - PARA LEGAL SERVICES AND LEGAL AID (2019 Batch)

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

Course Objectives/Course Description

 

1This course has been conceptualised 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.

Learning Outcome

CO1: Apply their classroom learning to resolve real 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:12
Paralegal Services
 

The definition of Paralegal services

2 Historical development

3 Paralegal services in Western Countries

4 Paralegal services in India

5 Importance of Paralegal

Unit-2
Teaching Hours:12
Role of Para legals
 

1.Paralegal education

2. Paralegal professional associations

3. Registration, Certification and Licensure

4. What Paralegals Do?

5. Where Paralegals work?

Unit-3
Teaching Hours:12
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

Unit-4
Teaching Hours:12
Legal Aid Clinics
 

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.

6. Assignments

Unit-5
Teaching Hours:12
FIELD STUDY / PRACTICAL EXPOSURE & sRECORD SUBMISSION
 

MOU's with DLSA, VIsits, Case analysis, Briefing, Report Submission

Text Books And Reference Books:

Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats &Para-Legal Services: Central Law Agency: Second Edition 2010

Services: Central Law Publications Allahabad: Edition 2013, 196. Dr. SR Myneni. Public Interest Lawyering, Legal Aid and ParaLegal Services:

Asia Law House, Hyderabad: 2nd Edition 2007, 183. Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-

Legal Services: Central Law Publications Allahabad: Edition 2013, 195-196.

Essential Reading / Recommended Reading

Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats &Para-Legal Services: Central Law Agency: Second Edition 2010

Services: Central Law Publications Allahabad: Edition 2013, 196. Dr. SR Myneni. Public Interest Lawyering, Legal Aid and ParaLegal Services:

Asia Law House, Hyderabad: 2nd Edition 2007, 183. Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-

Legal Services: Central Law Publications Allahabad: Edition 2013, 195-196.

Evaluation Pattern

Para Legal weekly reflection = 10 Marks Field Visits/ Visit to DSLA with report submission = 30 marks

Legal Aid camp; Legal literacy Programs with report submission- 30 marks

 

Viva Voce (External) -30 marks

LAW1074N - DRAFTING PLEADING AND CONVEYANCE (2019 Batch)

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

Course Objectives/Course Description

 

Course description:

One of the practicals, this Paper aims at giving the students an opportunity to peep into the working of law by referring to various practical aspects of civil and criminal laws. It also emphasizes on the conveyancing aspects and imparts the students the requisites of various deeds that go to make the theoretical law complete.

In view of the above, Unit 1 is designed to disseminate the fundamental principles of drafting which are very crucial with regard to the propriety of the cases to be filed. Unit 2 goes on to deal with the particular application of the said rules with respect to pleadings in civil matters. Unit 3 seeks to achieve the above with reference to criminal matters. Unit 4 aims at discussing the principles of conveyancing with reference to different deeds. Unit 5 teaches the students the skills of scrutiny of reports. Unit 6 imparts the basic rules of Judgment Writing

Learning Outcome

CO1: 1. Identify the quintessential norms of drafting deviation from which would scuttle the prospects of a case

CO2: 2. Write plaints as well as other civil pleadings.

CO3: 3. Explain the prerequisites of the criminal pleadings

CO4: 4. Draft conveyance deeds.

CO5: 5. Scrutinise reports and draft judgements.

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-2
Teaching Hours:14
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:12
PLEADINGS(CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition

Unit-4
Teaching Hours:12
CONVEYANCE
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-5
Teaching Hours:6
LEGAL SCRUTINY REPORTS
 

Legal Document, Conveyancing Deeds and Revenue Records

Unit-6
Teaching Hours:6
JUDGEMENT WRITING
 

The course will be taught through class instructions and simulation exercises, preferably with assistance of practising lawyers/retired judges.

Apart from teaching relevant provisions of law, the course may include not less than 15 practical exercises in drafting carrying a total of 45 marks (3 marks for each) and 15 exercises conveyancing carrying 45 marks (3 marks for each exercise) remaining 10 marks will be given for via voce.

Text Books And Reference Books:

1.     Stamp Act

2.     Court Fees Act

3.     Code of Civil Procedure

4.     Code of Criminal Procedure

5.     Sengupta, Ajit K. Maumdar’s Law Relating to Notices. Kolkata: Eastern Law

             House Pvt. Ltd., 2005.

6.     Parimeswaran, S. Law of Affidavits. New Delhi: Universal Law Publishing, 2003.

Essential Reading / Recommended Reading

1.     Mogha G. C. Mogha’s Law of Pleadings in India with Precedents. 17 th ed.

Lucknow: Eastern Book               Company, 2006 (2009).

2.     Bindra, M. S. Bindra  Pleadings & Practice Vol. 1 & 2. New Delhi: Universal Law

Publishing, 2010.

 Rathwade, Rajaram S. Legal Drafting, Pune: Hind Law House, 2010

Evaluation Pattern

Assessment outline

Assignments        – 40 marks

CIA 2                   – 20 marks

Written Records   – 30 marks

Viva voce             - 10 marks

LAW1075N - PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM (2019 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 

v  To understand the statutory provisions relating to the legal profession and contempt of law

v  To acquaint with the procedure for enrolment at State Bar Councils, in line with local requirements of the syllabus.

v  To understand the procedure followed by the Disciplinary Committee of Bar Councils

v  To analyze the BCI opinions regarding professional misconduct

v  To explain various aspects of advocacy and the profession through reading and watching biopic of the lives and experiences of regional, national & international lawyers

Learning Outcome

CO1: 1. Students will describe and explain the substantive and procedural law relating to the profession

CO2: 2. Students will be enabled to face or answer the Enrolment Committee?s profession related questions

CO3: 3. Students will identify norms of professional conduct and etiquette of the local Bar Associations.

CO4: 4. Students will be able to analyse the BCI and State Bar Council opinions

CO5: 5. Students will be 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: 6. 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
 

Development of Legal Profession in India; Classes, Admission, Enrolment & Rights of Advocate; Bar Councils; BCI’s Rule Making Powers; Standards of Professional Ethics and Etiquette; Professional or other Misconduct; Composition & Powers of Disciplinary Committees; Procedure for Disciplinary Proceedings; BCI Certificate & Place of Practice (Verification) Rules, 2015; 266th Law Commission Report, 2017

Unit-2
Teaching Hours:10
Autobiographies & True Accounts by Lawyers
 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy : Being a Series of Lectures Delivered to Apprentices-at-law

Justice Abbot Parry’s Seven Lamps of Advocacy

Charles W. Colson’s Born Again

Bryan Stevenson’s Just Mercy with movie adaptation by Destin Daniel Cretton

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-3
Teaching Hours:10
Contempt Law and Practice
 

Introduction to Contempt of Court; Origin & Development; Constitutional Aspects; Object, Meaning and Kinds; Basis and Extent of contempt jurisdiction; Contempt by Lawyers, Judges, State and Corporate Bodies; Contempt proceedings – Procedure; Exceptions & Defences; Remedies & Penalties

Unit-4
Teaching Hours:25
50 Selected Opinions Of Bar Councils And 10 Selected Cases Of Supreme Court Of India
 

Selected 50 Opinions of DCs and Selected 10 Cases of Supreme Court of India.

Unit-5
Teaching Hours:3
Professional Accounting for Lawyers
 

Professional Accounting; Nature and Functions; Accounting and Law; Need of accountancy for lawyers; BCI Rules; SC Rules

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.     Shilpa S. Dhongre, Commentary on Advocates Act, 2011.

4.     Samraditya Pal, 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

Essential Reading / Recommended Reading

PROFESSIONAL MISCONDUCT CASES DECIDED BY

THE DISCIPLINARY COMMITTEES OF STATE BAR COUNCIL/BCI

 

NEGLIGENCE IN CONDUCTING CASE

1.  DC Appeal No. 16/1993 25(1) 1998 IBR 135 1

2. DC Appeal No. 8/1994 25(1) 1998 IBR 153 4

3. BCI Transfer Case No. 76/1995 24(3&4) 1997 IBR 201 10

4. BCI Transfer Case No. 104/1990 23(1) 1996 IBR 155 12

5. BCI Transfer Case No. 52/1989 21(1) 1994 IBR 187 13

6. BCI Transfer Case No. 14/1980 16(2) 1989 IBR 264 15

7. DC Appeal No. 35/1987 16(3&4) 1989 IBR 536 18

8. DC Appeal No. 40/1986 14(3) 1987 IBR 488 21

9. DC Appeal No. 7/1981 14(4) 1987 IBR 735 23

10. DC Appeal No. 19/1993 23(1) 1996 IBR 152 25

11. DC Appeal No. 24/1987 16(2) 1989 IBR 273 27

12. DC Appeal No. 3/1988 16(2) 1989 IBR 285 30

WITHHOLDING OF DOCUMENTS

13. DC Appeal No 10/1986 & 10A/1986 14(3) 1987 IBR 491 32

14. DC Appeal No. 12/1986 14(4) 1987 IBR 745 34

 

FAILURE TO RENDER ACCOUNTS, MISAPPROPRIATION OF CLIENT’S MONEY,BREACH OF TRUST, MISUSE OF CLIENT’S CONFIDENCE

15. DC Appeal No. 13/1991 24(1&2) 1997 IBR 271 36

16. DC Appeal No. 24/1990 23(1) 1996 IBR 135 38

17. DC Appeal No. 41/1987 16(1) 1989 IBR 122 40

18. DC Appeal No. 21/1985 15(3&4) 1988 IBR 359 42

19. BCI Transfer Case No. 43/1982 15(3&4) 1988 IBR 364 44

20. DC Appeal No. 28/1986 15(3&4) 1988 IBR 374 45

21. DC Appeal No. 38/1984 14(2) 1987 IBR 319 47

22. DC Appeal No. 7/1986 14(3) 1987 IBR 496 49

 

MISLEADING CLIENT, CHEATING THE CLIENT, MAKING FALSE ASSURANCES

23. BCI Transfer Case No. 127/1988 19(3&4) 1992 IBR 125 52

24. BCI Transfer Case No. 27/1988 16(3&4) 1989 IBR 542 54

25. BCI Transfer Case No. 24/1986 16(3&4) 1989 IBR 563 57

26. DC Appeal No. 23/1987 15(1&2) 1988 IBR 187 60

27. DC Appeal No. 34/1985 14(4) 1987 IBR 757 62

 

THREATENING CLIENT, BLACKMAILING THE CLIENT

28. BCI Transfer Case No. 29/1981 16(2) 1989 IBR 245 64

 

DISREGARD OF CLIENT’S INTEREST

29. DC Appeal No. 33/1986 15(3&4) 1988 IBR 354 68

 

WITHDRAWAL FROM CASE WITHOUT SUFFICIENT REASON AND SUFFICIENT NOTICE

30. BCI Transfer Case No. 16/1986 15(1&2) 1988 IBR 197 70

 

REPRESENTING THE OTHER SIDE, CHANGING OF SIDE, APPEARING FOR BOTH SIDES

31. BCI Transfer Case No. 39/1987 19(3&4) 1992 IBR 147 72

32. BCI Transfer Case No. 39/1989 19(3&4) 1992 IBR 149 74

33. BCI Transfer Case No. 52/1988 16(1) 1989 IBR 110 76

34. DC Appeal No. 6/1981 15(1&2) 1988 IBR 193 78

35. DC Appeal No. 64/1974 14(2) 1987 IBR 314 79

 

 

 

MISGUIDING COURT

36. BCI Transfer Case No. 40/1991 25(1) 1998 IBR 139 81

37. BCI Transfer Case No. 6/1984 16(3&4) 1989 IBR 550 83

 

INTERFERING WITH THE DECISION BY INFLUENCING THE JUDGE

38. DC Appeal No. 46/1986 16(2) 1989 IBR 280 85

39. BCI Transfer Case No. 2/1980 16(2) 1989 IBR 289 87

 

MAKING SCANDALOUS ALLEGATIONS AGAINST THE PRESIDING OFFICER

40. BCI Transfer Case No. 101/1988 16(3&4) 1989 IBR 524 89

41. DC Appeal No. 41/1986 15(1&2) 1988 IBR 200 92

 

CONDUCT UNBECOMING OF AN ADVOCATE, LOWERING DIGNITY OF PROFESSION

42. BCI Transfer Case No. 16/1988 16(1) 1989 IBR 99 93

43. DC Appeal No. 14/1988 16(2) 1989 IBR 258 95

44. DC Appeal No. 10/1988 16(3&4) 1989 IBR 572 98

 

ACTING IN A CASE IN WHICH THE ADVOCATE HAS PECUNIARY INTEREST,SHARING PROFITS OF CASE AND LENDING MONEY TO THE CLIENT

45. DC Appeal No. 23/1988 16(3&4) 1989 IBR 532 100

 

 

CONVICTION FOR OFFENCE INVOLVING MORAL TURPITUDE

46. BCI Transfer Case No. 10/1986 16(3&4) 1989 IBR 520 102

47. DC Appeal No. 45/1974 15(1&2) 1988 IBR 182 104

 

FORGERY

48. BCI Transfer Case No. 2/1988 16(1) 1989 IBR 102 106

49. BCI Transfer Case No. 57/1987 14(4) 1987 IBR 753 108

 

OTHER MISCONDUCT (MAKING ALLEGATIONS AGAINST VARIOUS AUTHORITIES)

50. DC Appeal No. 43/1996 24(3&4) 1997 IBR 207

 

 

Evaluation Pattern

·       Paper presentation        – 15%

·       Mid Semester Exam       – 25%

·       Record Book                    – 50%

·       Viva voce (External)      – 10%

LAW1076N - ALTERNATE DISPUTE RESOLUTION (2019 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 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.

Learning Outcome

CO1: To explain various legal frameworks on arbitration, mediation, conciliation and negotiation.

CO2: To analyze the international legal framework 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:20
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:20
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: 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, 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.

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  and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal, 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 AlternativeDispute 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. 7 th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis

Butterworths Wadhwa Nagpur, 2009.

5. Malhotra, O.P. The law and practice of arbitration and conciliation. 2 nd ed. New Delhi : LexisNexis Butterworths, 2006.

6. Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2 nd 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

Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to AlternativeDispute 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. 7 th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis

Butterworths Wadhwa Nagpur, 2009.

5. Malhotra, O.P. The law and practice of arbitration and conciliation. 2 nd ed. New Delhi : LexisNexis Butterworths, 2006.

6. Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2 nd 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.

Evaluation Pattern
  1. Mid-Sem -Exam – 30 Marks
  2.  Arbitration Exercise -10Marks
  3. Mediation and conciliation exercise - 20 Marks
  4.  Negotiation Skills - 10 Marks
  5.  Record - 20 Marks
  6.  Viva-Voce - 10 Marks