CHRIST (Deemed to University), Bangalore

School of Arts and Humanities

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
LAW127 FOUNDATIONAL KANNADA Ability Enhancement Compulsory Courses 2 2 50
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 Core Courses 4 4 100
LAW212 POLITICAL INSTITUTIONS AND PROCESSES Core Courses 4 4 100
LAW233 ECONOMICS FOR LAW II Core Courses 4 4 100
LAW244B LEGAL LANGUAGE AND LEGAL WRITING Core Courses 5 4 100
LAW255 LAW OF CONTRACT I Core Courses 5 4 100
LAW266 DEVELOPMENT AND PUBLIC POLICY Core Courses 5 4 100
3 Semester - 2022 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW311 INTRODUCTION TO INTERNATIONAL RELATIONS Core Courses 4 4 100
LAW312 NATIONAL SECURITY Core Courses 4 4 100
LAW333 LAW AND ECONOMICS Core Courses 4 4 100
LAW354 CONSTITUTIONAL LAW I Core Courses 5 4 100
LAW355 LAW OF CONTRACT I Core Courses 5 4 100
LAW366 PHILOSOPHY OF LAW Core Courses 5 4 100
4 Semester - 2022 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW452 JURISPRUDENCE Core Courses 5 4 100
LAW453 PUBLIC INTERNATIONAL LAW Core Courses 5 4 100
LAW454 CONSTITUTIONAL LAW II Core Courses 5 4 100
LAW455 LAW OF CONTRACT II Core Courses 5 4 100
LAW461 PRINCIPLES OF CRIMINAL LAW Core Courses 5 4 100
LAW476 MOOT COURT Core Courses 5 4 100
5 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW552 CONSTITUTIONAL LAW I Core Courses 5 4 100
LAW553 COMPANY LAW I Core Courses 5 4 100
LAW554 LABOUR AND INDUSTRIAL LAW I Core Courses 5 4 100
LAW555 ENVIRONMENTAL LAW Core Courses 5 4 100
LAW561 PRINCIPLES OF CRIMINAL LAW Core Courses 5 4 100
LAW576 RESEARCH METHODOLOGY - 5 4 100
6 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW651 CRIMINAL LAW I Core Courses 5 4 100
LAW652 CONSTITUTIONAL LAW II Core Courses 5 4 100
LAW653 COMPANY LAW II Core Courses 5 4 100
LAW654 LABOUR AND INDUSTRIAL LAW II Core Courses 5 4 100
LAW665 INTELLECTUAL PROPERTY LAW Core Courses 5 4 100
LAW677 RESEARCH METHODOLOGY Core Courses 5 4 100
LAW686A LAW OF CORPORATE INSOLVENCY Discipline Specific Elective Courses 5 4 100
LAW686B CLIMATE CHANGE: LAW AND POLICY Discipline Specific Elective Courses 5 4 60
LAW686C ENERGY LAWS Discipline Specific Elective Courses 5 4 100
LAW686D ECONOMICS OF INTERNATIONAL TRADE Discipline Specific Elective Courses 5 5 100
LAW686E SECURITIES LAWS Discipline Specific Elective Courses 5 4 100
7 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW751 ADMINISTRATIVE LAW Core Courses 5 4 100
LAW752 PUBLIC INTERNATIONAL LAW Core Courses 5 4 100
LAW763 LAW OF INSURANCE Core Courses 60 4 100
LAW764 LAW OF BANKING Core Courses 5 4 100
LAW785A LAW OF TRADEMARKS Discipline Specific Elective Courses 5 4 100
LAW785B COMPARATIVE CONSTITUTIONAL LAW Discipline Specific Elective Courses 5 4 100
LAW785C LAW OF MERGERS AND ACQUISITIONS Discipline Specific Elective Courses 5 4 100
LAW785D EARTH JUSTICE- DEVELOPING A NEW JURISPRUDENCE Discipline Specific Elective Courses 5 4 100
LAW785E REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS Discipline Specific Elective Courses 5 4 100
LAW786A MEDIA LAW Discipline Specific Elective Courses 5 4 100
LAW786B CYBER LAW Discipline Specific Elective Courses 5 4 100
LAW786C LAND LAWS Discipline Specific Elective Courses 4 4 100
LAW786D NUCLEAR LAW Discipline Specific Elective Courses 5 4 100
LAW786E DIGITAL EVIDENCE Discipline Specific Elective Courses 5 4 100
8 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW853 CRIMINAL LAW II Core Courses 5 4 100
LAW854 CIVIL PROCEDURE CODE AND LIMITATION ACT Core Courses 5 4 100
LAW861 LAW OF E-COMMERCE Core Courses 5 4 100
LAW862 INTERPRETATION OF STATUTES Core Courses 5 4 100
LAW885A REGULATION OF BIOTECHNOLOGY Discipline Specific Elective Courses 5 4 100
LAW885B SCIENCE, TECHNOLOGY AND HUMAN RIGHTS Discipline Specific Elective Courses 5 4 100
LAW885C LAW OF INJUNCTIONS Discipline Specific Elective Courses 5 4 100
LAW885D INTERNATIONAL INVESTMENT LAW Discipline Specific Elective Courses 5 4 100
LAW885E LAW OF WRITS Discipline Specific Elective Courses 5 4 100
LAW886A AIR AND SPACE LAW Discipline Specific Elective Courses 5 4 100
LAW886B FORENSIC SCIENCE AND LAW Discipline Specific Elective Courses 5 4 100
LAW886C LAW OF COPYRIGHT Discipline Specific Elective Courses 5 4 100
LAW886D CONFLICT OF LAWS Discipline Specific Elective Courses 5 4 100
LAW886E INTERNATIONAL CRIMINAL LAW Discipline Specific Elective Courses 5 4 100
9 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW951 LAW OF TAXATION Core Courses 5 4 100
LAW952 LAW OF EVIDENCE Core Courses 5 4 100
LAW963 COMPETITION LAW Core Courses 5 4 100
LAW984A HUMAN RIGHTS AND BUSINESS ACCOUNTABILITY Discipline Specific Elective Courses 5 4 100
LAW984B SPORTS LAW Discipline Specific Elective Courses 5 4 100
LAW984C LAW OF INDIRECT TAXATION Discipline Specific Elective Courses 5 4 100
LAW984D ANTITRUST AND PATENT LAW Discipline Specific Elective Courses 5 4 100
LAW984E INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES Discipline Specific Elective Courses 5 4 100
LAW985A NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS Discipline Specific Elective Courses 5 4 100
LAW985B LAW OF NEGOTIABLE INSTRUMENTS Discipline Specific Elective Courses 5 4 100
LAW985C ARTIFICIAL INTELLIGENCE AND LAW Discipline Specific Elective Courses 5 4 100
LAW985D TELECOMMUNICATION LAW Discipline Specific Elective Courses 5 4 100
LAW985E SERVICE LAW Discipline Specific Elective Courses 5 4 100
LAW986A ELECTION LAWS Discipline Specific Elective Courses 5 4 100
LAW986B INTERNATIONAL COMMERCIAL ARBITRATION Discipline Specific Elective Courses 7 4 100
LAW986C PENOLOGY AND VICTIMOLOGY Discipline Specific Elective Courses 7 4 100
LAW986D MARITIME LAW Discipline Specific Elective Courses 5 4 100
LAW986E LAW OF EXECUTION Discipline Specific Elective Courses 5 4 100
10 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LAW1071 MOOT COURT AND INTERNSHIP Core Courses 5 4 100
LAW1072 DISSERTATION Core Courses 5 4 100
LAW1073 PARA LEGAL SERVICES AND LEGAL AID Core Courses 5 4 100
LAW1074 DRAFTING PLEADING AND CONVEYANCE Core Courses 5 4 100
LAW1075 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM Core Courses 5 4 100
LAW1076 ALTERNATE DISPUTE RESOLUTION Core Courses 5 4 100
    

    

Introduction to Program:

BA, LL.B (Honours). 
The BA LL.B ( Honours) is specially designed with a multi-disciplinary approach to cater to legal industries’ requirement of litigation, judiciary, academia, policy engagement et cetera. This Programme provides a stellar background for foray into Indian Administrative Services too. 

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

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

Programme Outcome/Programme Learning Goals/Programme Learning Outcome:

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

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

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

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

PO5: Take initiatives towards social transformation through socio-legal engagement

PO6: Exhibit ethical and professional behaviour in a team, demonstrating leadership and collaboration.

Programme Specific Outcome:

PSO1: Analyse problems to suggest policy changes and modifications to the law based on a strong understanding of the socio-political structure of India

PSO2: Demonstrate sound conceptual understanding of political theory and understanding of constitutional governance in India.

PSO3: Apply their learning/ orientation of political and constitutional philosophy while engaging in cross cutting issues of national and international relevance.

Assesment Pattern

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

CIA II – Mid Semester Examination                            – 25%

CIA III – Research Topic                                            – 10%

Attendance                                                               – 05%

End Semester Examination                                        – 50%

TOTAL 100%

 

Examination And Assesments

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

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. 

Course 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. 

Course 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

LAW127 - FOUNDATIONAL KANNADA (2023 Batch)

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

Course Objectives/Course Description

 

Course Description: It is a thirty hours course. Students will be exposed to the use of Kannada language both in oral and written forms. In the introductory sessions Kannada alphabets, words, simple sentence writing and basic grammar will be taught. At the end of the course students will be able to Read, Write and Speak in Kannada Language

Course Objective:
•    To enable students to communicate in the State Language Kannada.  
•    Helps the students, particularly coming from other states in their day to day conversations.
•    The course mainly focusses on Conversational Kannada and writing Kannada.

Course Outcome

CO1: On completion of the course, students will be able to read and write in Kannada.

CO2: Students will be exposed to Kannada Reading, Writing, and speaking language skills.

CO3: Students will be aware of the culture and heritage of Karnataka.

Unit-1
Teaching Hours:6
Lesson-2
 

Vargeeya Vyanjana, Anunasikagalu 

Unit-1
Teaching Hours:6
Lesson-3
 

Avargeeya Vyanjana, Ottakshargalu

Unit-1
Teaching Hours:6
Lesson-1
 

Kannada Varnamale- Swargalu, Sandhyakshara, Anuswara & Visarga              

Unit-2
Teaching Hours:4
Lesson-1
 

Kaagunitha

Unit-3
Teaching Hours:4
Lesson-1
 

1. Parts of Speech: Noun, Pronoun, Verb, Conjunction, Interjection,

Exclamatory.

Unit-4
Teaching Hours:4
Lesson-1
 

Linga, Vachana, Vibhakti Pratyagalu 

Unit-5
Teaching Hours:3
Lesson-1
 

Verb Root, Verb- Past and Non Past

Unit-6
Teaching Hours:9
Lesson-1
 

Sentence making, Translation & Question form, Negation, Opposite words

Unit-6
Teaching Hours:9
Lesson-2
 

Comprehension, Letter Writing

Text Books And Reference Books:

1. Kannada Alphabets, Number, Days Chart

2. Thili Kannada - K S Madhusudana, H N  Muralidharan

3. Spoken Kannada for Absolute Beginners - Sanjay D

Essential Reading / Recommended Reading

1. Spoken Kannada for Absolute Beginners - Sanjay D

Evaluation Pattern

CIA-1 Alphabets (Vowels and Consonats), Otthakshara, Kagunitha. 10%

CIA-2 Noun, Verb, Number, Gender, Tense, Days, Name of Things. 15%

CIA-3  Conversation Practice, Vachana, Opposite Word, Sentance making (Animals, Birds, Vegetables, things) Translation, Letter Writing. 15% 

Attendance 10%

End Semester Exam:

Question Paper Pattern

·       Section A - Test of linguistic ability through grammar components –15 marks

·       Section B - Test of translating abilities and comprehension, short answers - 15 marks

·       Section C - Test of writing skills /  letter writing skills, dialogues writing and essay

writing – 20 marks 

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.

Course 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.

 

Course 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

Course 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.

 

Course 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. 

Course 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.

Course 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.

Course 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.

Course 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.

Course 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.

Course 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%

 

LAW311 - 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 in order to introduce thestudentstothebasicideasoftheworkingofinternationalrelations.Itemphasizesonthepoliticsbehindinternationaldiplomacy andhighlightsthegaping conflicts.

Course Outcome

CO1: 1. Demonstrate an understanding of the various concepts in international relations, and approaches to studying International Relations

CO2: 2. Analyze global issues by understanding the background for the issues.

CO3: 3. Analyze the relations between nations and the formation of international organizations

CO4: 4. Demonstrate an understanding of the impact on international issues on domestic policies

Unit-1
Teaching Hours:15
UNIT 1: INTRODUCTION TO INTERNATIONAL RELATIONS
 

                                                                                                         

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

 

2.     Theoretical Approaches to International Relations: Realism,Liberalism,Neo-realismandNeo-liberalism,Marxisttheories

Unit-2
Teaching Hours:10
UNIT 2: INTERSTATE 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
UNIT 3: INTERNATIONAL ISSUES
 

 

1.     TerrorismandGlobalization,

2.     Nationalism,CultureinWorldaffairs

3.     NuclearProliferation

4.      Humanitarian intervention in world politics

5.     Poverty, development and hunger

HumanRights

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

                                                                                                    

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

 

2.     ForeignPolicyofIndia:StructureoftheIndianGovernment,Politicalsystem,evolutionofIndian Foreign Policy, NAM, Attitude towards Asian neighbors, Major conflicts – Indo-Chinesewar,InterventioninSriLanka,Contemporary trendsandshiftsindoctrine.

Unit-5
Teaching Hours:15
UNIT 5: 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, 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 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.

Evaluation Pattern

 

Components of assessment

Components

CIA I

CIA II

CIA III

ESE

Marks/Percentage

20

50

20

100

LAW312 - 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

 

The course aims 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 modules.

The course aims 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 modules. 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. 

Course Outcome

CO1: Critically engage with the concept of security in general and the notion of national security in the Indian context. They will be able to identify key competing theoretical perspectives and debates.

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

CO3: Grasp the complexities of the security environment of India and the threats it confronts.

CO4: Spell out different dimensions of India?s national security.

CO5: Understand various national security mechanisms and policies of India and the challenges in their functioning and implementation.

Unit-1
Teaching Hours:15
National Security: Conceptual and Theoretical Perspectives
 

Concept of ‘Security’; Realist, Liberalist, Constructivist, Critical Theorist perspectives of security.

Unit-2
Teaching Hours:15
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:15
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

5.     Wildlife Trafficking

Unit-5
Teaching Hours:15
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

Judicial Approach

Text Books And Reference Books:

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

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

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

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

Glaser, Charles L., “The Security Dilemma Revisited”, World Politics, Vol. 50, No. 1 (October 1997), pp. 171–201

Lipschutz, R. D. (ed.), On Security (New York: Columbia University Press, 1995).

 

Walt, Stephen M., “The Renaissance of Security Studies”, International Studies Quarterly, Vol. 35, No. 2: 211-239.

 

Weaver, Ole, “Securitization and Desecuritization” in Barry Buzan, Ole Weaver and J. de

Wilde, Security: A New Framework for Analysis, (Boulder: Lynne Rienner)

Essential Reading / Recommended Reading

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

 

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

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

 

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

 

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).

Gill, K. P. S., Punjab: The Knights of Falsehood (New Delhi: Har-Anand, 1997).

 

Guha, Ramachandra, India after Gandhi: The History of the World’s Largest Democracy (London: Picador, 2007).

 

Hasan, Mushirul, Legacy of a Divided Nation: India’s Muslims Since Independence (Delhi: Oxford University Press, 1997).

 

Jepperson, Ronald L., Alexander Wendt, and Peter J. Katzenstein, “Norms, Identity, and Culture in National security”, in Peter J. Katzenstein (ed.), The Culture of National Security: Norms and Identity in World Politics, Columbia University Press, 1996.

 

Lake, David A., "Beyond Anarchy: The Importance of Security Institutions," International Security, vol. 26, no. 1 (2001), pp. 129-160. 

 

Mabee, Bryan, “Security Studies and the ‘Security State': Security Provision in Historical Context,” International Relations, Vol. 17, No. 2, 2003: 135-151.

 

Malik, J. Mohan, "The Evolution of Strategic Thought," in Contemporary Security and Strategy, ed. Craig A. Snyder (Routledge, 1997)

 

McDonald, Matt, “Securitization and the Construction of Security”, European Journal of International Relations, Vol. 14(4): 563–587, 2008.

 

Morgan, Patrick M., “Liberalist and Realist Security Studies at 2000: Two Decades of Progress” in Critical Reflection on Security and Change, Stuart Croft and Terry Terriff, Frank Cass, 2000.

 

Prins, Gwyn, “The Four-stroke Cycle in Security Studies,” International Affairs, Vol. 74, No. 4, 1998: 781-808

Verghese, B. G., Rage, Reconciliation and Security: Managing India’s Diversities (New Delhi: Penguin-Viking, 2008).

 

Walker, R.B.J., “Security, sovereignty, and the challenge of world politics” Alternatives 15(1990), pp. 3–27.

Evaluation Pattern

Assessment

Marks (in percentage)

CIA1

10 %

Mid-Semester Exam

25 %

CIA3

10 %

End-Semester Exam

50 %

Attendance

05 %

LAW333 - 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

 

Course Descripton:

The guiding principle of this course is to provide the students with a solid grounding in the economic analysis of law, and pans out into 6 modules. Module 1 is designed with the intention of giving a glimpse of the historical evolution of the Law and Economics movement and introduces certain fundamental concepts of Economics used in legal analysis. Module 2 aims to show that free market economy alone is not solution for efficient allocation of resources. Market economy imperfections are reflected in a monopoly market and the student is made aware of the need for regulation of Monopoly. The module covers much of the economic theory behind antitrust law. Module 3 highlights the need for public utility regulation. It deals with liberalization, privatization and competition. Module 4 presents the basic economic theory linking contract formation with increases in efficiency and whether or not contract doctrine can be squared with economic interests. The premise of Module 5 is to familiarize students with economic reasoning of tort damages, and gives practical insight into the different forms of liability. Module 6 helps in understanding the factors behind increasing crime rate. It brings into light different techniques which can be used to control crime rate.

Course Objectives:

Economic policies and criteria have always been the citadel on which the edifice of law is built. The objectives of the course are multidimensional- to introduce and equip the students with the fundamentals of economic analysis of law, to familiarize students with the “Law and Economics” methodology, to enable them to evaluate the efficiency of legal rules in relation to Property, Contracts, Torts and Criminal Law and to help students analyse public policies for dealing with problems arising in markets where competitive forces are weak. This relationship is more pronounced in our country where welfarism is one of the features of the basic structure doctrine. This course is also designed to introduce the students to this nexus between law and economic regulation and its need in the globalized world.

Course Outcome

CO1: Understand and demonstrate the microeconomic tools and concepts used in legal analysis

CO2: Apply the tools of Economics with the aim of enhancing their analytical skills and help them to assess the desirability of laws/rules/regulations.

CO3: Analyze the role of Economics within the legal framework in achieving the larger goal of human well being

CO4: Evaluate and assess the importance of economic analysis in policy making and advisory functions and serve as a subject matter expert on various forums.

Unit-1
Teaching Hours:10
Introduction to Law and Economics
 

Introduction to and a brief history of Law and Economics, The nature of economic reasoning, the economic approach, Ex Post vs Ex ante reasoning, fundamental concepts of economics used in legal analysis, The Theory of Second Best

Unit-2
Teaching Hours:10
The Economics of Regulation and Antitrust Policy
 

The competitive extremes of Perfect Competition and Monopoly, alternative theories of economic regulation, the deregulation movement, antitrust law and enforcement, characteristics of markets with a predisposition to price fixing, how to identify cartelization, resale price maintenance, mergers that create monopolies or oligopolies, market power, market definition, potential competition, predation, foreclosure, tie-ins, bundling and barriers to entry, antitrust and the new economy

Unit-3
Teaching Hours:10
The Economics of Intellectual Property
 

The economic rationale, patents and innovation, limiting protection, the doctrine of equivalents, fair use doctrine, duration, remedies, economic function of trademarks

Unit-4
Teaching Hours:10
The Economics of Enforcing Promises
 

The economics of exchange, the specific functions of Contract Law, the economics of contract formation- capacity, duress, offer and acceptance, The consideration requirement

Contract Law and distributive goals- exculpatory provisions, Unconscionability, contract remedies- the efficient breach, specific performance, liquidated damages, the lost volume seller, Breach and excuses for Non-Performance

Unit-5
Teaching Hours:10
Economics of Tort Law
 
  • The Costs of Accidents and the Economics of Tort Law Liability, the Assignment of Rights and Externalities, The Negligence Standard- the Hand Formula, distributive consequences

    Contributory Negligence and Comparative Negligence, Assumption of the Risk, Strict Liability-efficiency and strict liability, risk-aversion and loss spreading, duty to rescue

    Damages-the collateral source rule, future losses, hedonic losses, punitive damages

Unit-6
Teaching Hours:10
Economic Analysis of Criminal Law
 

Why have Criminal Law- creating an incentive for market exchanges, Criminal Law and externalities

Criminal Law and behavior, administering criminal sanctions- the optimal level of criminal sanctions, deterrence options, criminal procedure

Text Books And Reference Books:
  1. Posner, Richard A. Economic Analysis of Law 7th ed., New York: Wolters Law & Business, Aspen Publishers, 2007.
  2. Cooter, Robert, and Thomas Ulen. Law & Economics 6th ed. Delhi: First Indian Reprint, Eastern Book Company, 2004.
  3. Polinsky, Mitchell A. An Introduction to Law and Economics 3rd ed, Aspen Publishers, 2003.
  4. Shavell,Steven. Economic Analysis of Law, Foundation Press,2004
  5. Veljanovski, Cento. Economic Principles of Law, Cambridge University Press, 2007.
  6. Jeffrey L Harrison. Law and Economics in a Nutshell, West, 2011
Essential Reading / Recommended Reading

1.     Law or Economics? , George J Stigler

2.     The Problem of Social Cost, Ronald H Coase

3.     The Law and Economics Movement, Richard A Posner

4.     Law and Economics: The Road Not Taken, John J Donohue III

5.     The Applicability of Law and Economics to Policymaking in the Third World, N S Makgetla and R B Seidman

6.     Social Norms, Social Meaning, and Economic Analysis of Law: A Comment, Richard A Posner

7.     Economics and the Law: A Critical Review of the Foundations of the Economic Approach to aw, Jules L Coleman

8.     Monopoly in Law and Economics, Edward S Mason

9.     Individualism, Competitive Economics and The Common Law, James D Bassler

10.  Legal Theory and The Economic Analysis of Torts and Crimes, Alvin K Klevorick

11.  Trial Courts: An Economic Perspective, Robert D Cooter and Daniel L Rubinfeld

12.  Law, Economics and Inefficient Norms, Eric A Posner

13.  Crime and Punishment: An Economic Approach, Gary S Becker

14.  The Law and Economics Approach to Contract Theory, Alan Schwartz

15.  A Law and Economics Perspective on Terrorism, N Garoupa, J Klick and F Parisi

16.  Legalizing Drugs: Lessons from (and about) Economics, Kenneth E Warner

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

LAW354 - CONSTITUTIONAL LAW I (2022 Batch)

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

Course Objectives/Course Description

 

Constitution is a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government within the State and declares the principles by which those organs must operate. The Constitution refers to the whole system of the governance of a country and the collection of rules which establish and regulate or govern the Government. Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. The principle of constitutionalism requires control over the exercise of governmental power to ensure that it does not destroy the democratic principles upon which it is based. These democratic principles include the protection of fundamental rights. India  is  a  democracy  and  its  Constitution  embodies  the  main  principles  of  the democratic Government. It is the founding document and considered as supreme law of nation. For governance of the nation, it creates various organs recognizing the Fundamental Rights of men.

In light of the above, Unit 1 will familiarize the students with the basic concepts and the salient feature of the Constitution of India. Unit 2 discusses the rights guaranteed to the citizens and person and explains the origin of human rights through different historical struggles. This Unit would be mainly dealing with the accountability of the state to protect the sacrosanct fundamental rights. It further deals with the concept of State and Fundamental Right to equality, its origin, development and its place in Indian Constitution. Unit 3 discusses the Fundamental Rights to Freedom of speech and expression etc., Right to life and personal liberty provided in Part III. The students would be acquainted with the principle of liberty, freedom and how these concepts have been balanced vis-a-vis the interest of the State. Unit 4 will narrate the importance of Directive Principles of State policy and its interaction along with the Fundamental Rights. It also narrates the political history of a major constitutional struggle between the judiciary and the state that explains the development of the Doctrine of Basic Structure.

Course Objectives:

1. Students will study the basics of Constitutional Law and the salient features of the Constitution of India

2. Students will be familiarized with the leading case laws and legislative changes to the provisions of the Constitution

3. Students will learn the diverse principles of judicial interpretation that constructs notions of 'state', law' and 'law in force'.

4. Students will understand the nature and scope the rights to freedom, life , personal liberty and due process.

5. Students will learn the applicability of the directive principles of state policy.

Course Outcome

CO1: To explain, apply the concepts and evaluate the nature and basic features of the Constitution of India.

CO2: Analyse and sort out the diverse judicial tests used to determine the constitutionality of state action.

CO3: Compare the constitutional relationship between the rights enumerated under Articles 14, 19 and 21 of the Constitution of India.

CO4: Evaluate the idea of welfare state by amalgamating the harmonious impact of Fundamental Rights and Directive Principles of State Policy.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

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

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

Text Books And Reference Books:

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. The Study of the Law of Constitution by A. V. Dicey.

5. Constitutional and Administrative Law by Wade and Philips.

6. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

7. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

8. De, D. J. Constitution of India. 2 vols., 2nd ed. Hyderabad: Asia Law House, 2005.

9. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

10. Lok Sabha Secretariat. Constituent Assembly Debates. 5 vols. New Delhi: Lok Sabha Secretariat

11. Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India 13th ed, Nagpur Wadhwa & Co. 2005.

12. Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

13. Rao, Shiva. The Framing of India’s Constitution. 6 vols New Delhi: Universal Law Publishing, 2004.

14. Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press

15. Swarup, Jagdish. Constitution of India. 2 vols. 2nd ed. New Delhi: Modern Law Publications.

 

Essential Reading / Recommended Reading

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

5. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

6. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

 

Evaluation Pattern

EVALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                      – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                        TOTAL                                                                      100%

LAW355 - LAW OF CONTRACT I (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 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.

Course 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 agreements, voidable agreement, illegal agreements and unlawful agreement and their consequences.

CO4: to determine the various modes of valid discharge and to analyze the effect of novation, alteration, rescission, waiver, accord and satisfaction on discharge of contract

CO5: to select the appropriate remedy for non-performance of contract as well relations resembling contractual obligations and to estimate the certainty and measure of damages

CO6: to apply remedies provided in Specific Relief Act for specific enforcement of contract to case studies and real-life instances

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%

LAW366 - 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

 

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 Outcome

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

CO2: Identify the salient propositions over a range of topics and debates in legal and political philosophy and especially the main methodological, ontological, and normative questions concerning law and its legitimacy;

CO3: Construct philosophical argument;

CO4: Critically assess legal and political theories and question their internal consistency and coherence as well as their foundational assumptions;

CO5: Apply abstract philosophical argument to real problems and contexts

CO6: Present a sustained and well-constructed philosophical argument orally and in written form.

Unit-1
Teaching Hours:10
INTRODUCTION
 

Philosophy of Law v. Jurisprudence, Formal Requirements of law as System, Sources of Law, Functions of Law; Validity of Law; The Case of the Speluncean Explorers, Theories of Justice: Aristotle, Immanuel Kant’s Categorical Imperative, Utilitarianism : Bentham and Mill, John Rawls: Justice as Fairness & Sen’s Critique , Robert Nozick: Libertarianism, Amartya Sen and Martha Nussbaum: Capability

Unit-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.      John D. Finch, Introduction to Legal Theory, New Delhi: Universal Law Publishing Co.

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

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

4.      Brian H. Bix, Jurisprudence: Theory and Context, London: Sweet & Maxwell

5.      Raymond Wacks, Understanding Jurisprudence, OUP

6.      Immanuel Kant, The Moral Law : Groundwork of the Metaphysic of Morals, London and New York: Routledge

7.      Hans Kelsen, Pure Theory of Law, Berkeley: University of California Press

8.      Joseph Raz, The Authority of Law, Oxford: Clarendon Press

9.      Amartya Sen, The Idea of Justice, London: Penguin

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

11.  J W Harris, Legal Philosophies, Butterworths

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

13.  Roger Cotterell, The Politics of Jurisprudence, New Delhi: Universal Law Publishing Co.

14.  Howard Davies and David Holdcroft, Jurisprudence: Texts and Commentary, London: Butterworths

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

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

17.  Joel Feinberg and Jules Coleman (eds)., Philosophy of Law, Belmont CA: Wadsworth Thomson Learning

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

19.  Lloyd’s Introduction to Jurisprudence, London: Sweet and Maxwell

Essential Reading / Recommended Reading

1.      John D. Finch, Introduction to Legal Theory, New Delhi: Universal Law Publishing Co.

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

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

4.      Brian H. Bix, Jurisprudence: Theory and Context, London: Sweet & Maxwell

5.      Raymond Wacks, Understanding Jurisprudence, OUP

6.      Immanuel Kant, The Moral Law : Groundwork of the Metaphysic of Morals, London and New York: Routledge

7.      Hans Kelsen, Pure Theory of Law, Berkeley: University of California Press

8.      Joseph Raz, The Authority of Law, Oxford: Clarendon Press

9.      Amartya Sen, The Idea of Justice, London: Penguin

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

11.  J W Harris, Legal Philosophies, Butterworths

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

13.  Roger Cotterell, The Politics of Jurisprudence, New Delhi: Universal Law Publishing Co.

14.  Howard Davies and David Holdcroft, Jurisprudence: Texts and Commentary, London: Butterworths

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

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

17.  Joel Feinberg and Jules Coleman (eds)., Philosophy of Law, Belmont CA: Wadsworth Thomson Learning

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

19.  Lloyd’s Introduction to Jurisprudence, London: Sweet and Maxwell 

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW452 - JURISPRUDENCE (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.

Course Outcome

CO1: Identify and describe the concept taught in the respective module.

CO2: List out the essential characteristic of the concept

CO3: Apply the concept correctly to legal problems.

CO4: Analyse the legal concept.

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

CO6: Devise a correct way of handling the legal problem

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

The concept and meaning: Kinds; Right and duty correlation; Natural Rights and Fundamental Rights.

Unit-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:

 

  1. Bodenheimer. Jurisprudence—The Philosophy and Method of Law. New Delhi: Universal, 1996.
  2. Fitzgerald (ed.) Salmond on Jurisprudence. Bombay: Tripathi, 1999.
  3. Friedmann, W. Legal Theory. New Delhi: Universal, 1999.
  4. V.D. Mahajan, Jurisprudence and Legal Theory. Lucknow: Eastern Book Co., 1996 (reprint). 
  5. Freeman M. D. A. (ed.), Lloyd's Introduction to Jurisprudence, (1994), Sweet & Maxwell
Essential Reading / Recommended Reading

 

  1. Paton G. W. Jurisprudence.Oxford: ELBS, OUP,1972
  2. Hart, H. L. A. The Concepts of Law. Oxford: ELBS, OUP, 1970
  3. Pound, Roscoe. Introduction to the Philosophy of Law. New Delhi: Universal, 1996 (reprint).
  4. Dias R. W. M. Jurisprudence. New Delhi: Adithya Books. 1994 (First Indian re-print)
  5. Dhyani S. N. Jurisprudence: A Study of Indian Legal Theory, New Delhi: Metropolitan, 1985.
Evaluation Pattern

SCHEME OF VALUATION

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

·      CIA II – Mid Semester Examination                                 – 25% 

·     CIA III – Research Topic                                                     – 10% 

·     Attendance                                                                            – 05% 

·     End Semester Examination                                                 – 50% 

 

                                                                                                TOTAL 100%

LAW453 - PUBLIC INTERNATIONAL LAW (2022 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES: This course on the principles of public international law is offered to students of the seventh semester. The basic principles of international law are dealt with extensively in this course. The course aims to help students to understand the theory and practice of international law.

 

Course Outcome

CO1: Demonstrate comprehensive and accurate knowledge and understanding of those aspects of public international law which have been identified in the indicative syllabus above.

CO2: Demonstrate a sound knowledge and critical understanding of how international politics, international relations, and economics have influenced the formulation and development of public international law.

CO3: Demonstrate both sound knowledge and a critical understanding of enforcement mechanisms in public international law.

CO4: Critically 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.

CO6: Critically analyse, interpret, evaluate and synthesise information from a variety of sources.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and Private International Law, Importance of International Law, Theory of Law of Nature, Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of Auto Limitation, New trends.

Unit-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 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, the common heritage of mankind, and 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

New International Humanitarian Order

Text Books And Reference Books:

1.      Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012

2.      Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

3.      Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

4.      Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

5.      Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

6.      Shearer, I. A. Starke’s International Law. 11th ed. Eastern Book Co., 2007, Lucknow.

7.      Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

8.   Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

9.   Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.

10.  Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.

11.  Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.

12.  Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, Oxford.

13.  Oppenheim’s International Law, 9th ed. Longman, 1992.

Essential Reading / Recommended Reading

1.      Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012

2.      Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

3.      Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

4.      Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

5.      Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

6.      Shearer, I. A. Starke’s International Law. 11th ed. Eastern Book Co., 2007, Lucknow.

7.      Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

8.   Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

9.   Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.

10.  Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.

11.  Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.

12.  Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, Oxford.

13.  Oppenheim’s International Law, 9th ed. Longman, 1992.

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%

LAW454 - 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.

Unit 1 is designed to impart the students about the composition, powers and functions of the Union and State Executives. While Unit 2 aims at educating the students all about the Parliament and state legislatures. Unit 3 throws light on the working of the Judiciary, Supreme Court and High Courts and their writ jurisdictions. Unit 4 discusses the most contentious issue of the Centre-State relations. Unit 5 is designed to discuss government contracts and Unit 6 the all important aspects of the power of amendment, emergency provisions and elections.

 

Course Objectives:

    1.     To provide the framework of the organization and working of the three organs of the Government.

2.     To describe about the composition, powers and privileges of Legislature

3.     To analyse the role of Apex Court and various High Courts in adjudicatory process.

4.     To examine the Centre-State relationship under the Constitution of India

5.     To provide an overview of the Government Contracts and Services

6.     To impart an understanding with respect to the provisions relating to election commission in India.

7.     To find out the provisions underlying emergency and amending powers. 

 

 

Course Outcome

CO1: Evaluate the powers and function of Executive, Legislature and Judiciary

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

CO3: Analyse the role of Supreme Court and High Courts in the administration of justice

CO4: Evaluate the issues with respect to the union-state relationship under the Constitution of India

CO5: Explain the role of Government as party to a contract and its implications as well as conditions affecting the services.

CO6: Evaluate the working of the Elections Commission of India within Indian democratic framework.

CO7: Evaluate 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
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

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

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

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

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

Text Books And Reference Books:

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

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

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

9.      Basu, D. D. Casebook on Indian Constitution. 2nd ed. Kolkata: Kamal Law House, 2007.

10.  Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press, 2000.

11.  Rao, Shiva. The Framing of India’s Constitution. 6 Vols. New Delhi: Universal Law Publishing, 2004.

12.  Swarup, Jagdish. Constitution of India. 2 Vols. 2nd ed. New Delhi: Modern Law Publications.

Essential Reading / Recommended Reading

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

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

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford Uni

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                    – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW455 - 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

 

COURSE OBJECTIVES: This course should be taught after the students have studied the general principles of contract. Obviously, a course on special contracts should initiate the students to different kinds of contracts with emphasis on the intricacies therein. The course also should provide an insight into the justification for special statutory provisions for certain kinds of contracts.

COURSE DESCRIPTION: To achieve this objective, Unit 1 deals with the contract of indemnity for students to learn the essential elements of this special contract. In Unit 2, the contract of guarantee is covered in terms of elements, rights and duties of the principal-debtor, creditor and surety. Unit 3 and Unit 4 deal with Bailment and Pledge discussing the elements of bailment contract, rights and duties of bailor and bailee, status of finder of lost goods as a bailee, analysis of pledge as a contract of bailment for specific purpose. Unit 5 deals with contract of agency, focusing on distinguishing feature of agency, modes of creation, rights and duties and liabilities of agent, principal and third parties. In Unit 6, the Sale of Goods Act is discussed covering essential elements of a contract of sale of goods, rights and duties of seller and buyer, warranties implied in a sale contract. Unit 7 deals with Partnership Law giving an overview of Partnership Act and Limited Liability Partnership Act.

 

 

 

 

Course Outcome

CO1: To explain the legal provisions and cases relating to indemnity & guarantee

CO2: To explain legal provisions and cases relating to bailment & pledge and agency.

CO3: To explain legal provisions and cases relating to agency as well as the rights and duties of parties involved

CO4: To examine the legal provisions of Sale of Goods Act and related cases as well as important provisions of UN Convention on Contracts for international sale of goods

CO5: To analyze different types of contracts of indemnity, guarantee, bailment, pledge, agency as also partnership deeds and contracts for sale of goods

CO6: To exhibit drafting skill by drafting different types of contracts of indemnity, guarantee, bailment, pledge, agency as also partnership deeds

Unit-1
Teaching Hours:3
Overview of Law of Contract-I Indemnity
 

Need for indemnity to facilitate commercial transactions; Methods of creating indemnity obligations; Definition; Nature and extent of liability of indemnifier; Rights and duties of indemnifier; Commencement of liability of the indemnifier; Indemnity in international transactions; Indemnity by governments during inter-state transactions

Unit-2
Teaching Hours:10
GUARANTEE
 

Definition; Essential elements; Guarantee and indemnity; Consideration in guarantee contracts; Minor as party to guarantee contract; Continuing guarantee; Nature and extent of surety’s liability; Letters of credit and bank guarantee; Rights and duties of surety; Discharge of surety’s liability; Rights and duties of creditor; Termination of guarantee

 

Unit-3
Teaching Hours:10
Bailment
 

Identification of bailment contracts in daily life; Commercial utility of bailment contracts; Definition of bailment; Kinds of bailment; Rights and duties of bailor and bailee; Finder of goods as a bailee

Unit-4
Teaching Hours:5
Pledge
 

Pledge: comparison with bailment, commercial utility of pledge transactions; Definition of pledge; Rights of the pawnor and pawnee; Pledge by certain specified persons who are not owners of goods

 

Unit-5
Teaching Hours:10
Agency
 

Agency in commercial world; Definition and elements of agency; Kinds of agents and agencies; Distinction between agent and servant; Modes of creation of agency; Rights, Duties, Liabilities of agent; Scope and extent of agent’s authority; Liability of principal for acts, misconduct, torts of agent; Personal liability of the agent towards Principal and Third party; Modes of termination of agency

Unit-6
Teaching Hours:10
Sale of Goods Act
 

Concept of sale as a contract; Essentials of contract of sale, Implied terms in contract of sale; Conditions and Warranties; Rule of Caveat emptor & exceptions, changing concept of caveat emptor; Transfer of title and passing of risk; Delivery of goods; Rights of seller and buyer; Rights of unpaid seller; Remedies for breach of contract

Unit-7
Teaching Hours:12
Partnership
 

Nature and definition of partnership; Distinct advantages and disadvantages vis-à-vis partnership and private limited company; Mutual relationship between partners; Kinds of partner; Authority of partners: express, implied, ostensible; Rights and duties and liabilities of partner; Partnership property; Admission of partners; Outgoing partners; Continuation of partnership; Registration of partnership; Dissolution of partnership; Limited Liability Partnership

Text Books And Reference Books:

Pollock & Mulla The Indian Contract Act, LexisNexis, 14th ed., 2014

Avtar Singh, Law of Contract, 12th Ed, 2017

P.C. Markanda on The Law of Partnership, LexisNexis, 2010

Pollock & Mulla on Sale of Goods Act, 10th ed., LexisNexis 2017

 

Essential Reading / Recommended Reading

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

Nair, Krishnan. Law of Contract. Orient, 1999.

P. C Markanda on The Law of Partnership, LexisNexis, 2010.

Parthasarathy M. S. (ed.), Benjamin’s Sale of Goods, Sweet & Maxwell, 1992.

Singh and Gupta, Verma J. P. (ed.). The Law of Partnership in India. New Delhi: Orient Law House, 1999

Saharay, H. K. Indian Partnership and Sale of Goods Act. New Delhi: Universal Publishing Co., 2000.

 

Evaluation Pattern

CIA I- 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III –20 marks - 10%  

Attendance - 05%

End semester examination –100 marks - 50%

LAW461 - 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

 

COURSE DESCRIPTION:

Unit 1 focuses on criminology, source and functions of criminal law. This will give an over view of object and purpose of criminal law. Unit 2 deals with behaviour of individuals involve in crimes and issues related to that. Unit 3 focuses on liability under criminal law, when and where it arises and third party’s liability. Different types of crimes will be discussed in Unit 4Unit 5 deals with the parties to the crime, degree of liability etc. The theoretical aspects and basis of punishment will be the objective of including Unit 6.

 

COURSE OBJECTIVES:

 

This course aims at an understanding of:

 

1.      The basic philosophy underlying the concept of crime.

 

2.       Categories of crimes.

 

3.      Parties of crime.

 

4.      It takes a look at the different theories of punishment and gives the students a broad overview of the subject.

 

Course Outcome

CO1: Understand the Sources and functions of Criminal law

CO2: Explain the theories of Criminology.

CO3: Analyse the liability under the Criminal Law

CO4: Interpret different kinds of crimes and the degrees of criminal liability

CO5: Evaluate and develop the basis of the punishment awarded on the basis of the theoretical concepts.

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

Text Books And Reference Books:

  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.

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

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

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

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

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

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

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

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

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

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

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

  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.

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

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

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

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

  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.

Essential Reading / Recommended Reading
  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.
  2. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.
  3. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.
  4. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.
  5. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007
  6. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.
  7. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.
  8. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.
  9. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.
  10. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.
  11. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.
  12. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.
  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.
  14. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.
  15. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.
  16. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009.
  17. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.
  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.
Evaluation Pattern

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III - 10% – Research Paper with presentation carrying 20 marks. Students would be assessed on their ability to apply concepts learned in the class to given social problems and propose solutions. 

 

End semester examination - 50%

LAW476 - MOOT COURT (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 is designed to provide the necessary feel of the court room environment to the students by arranging moot courts. Unit 2 aims at taking the students to Courts, periodically, to witness first-hand the judicial proceedings. Unit 3 provides an opportunity to the students to visit the Lawyers' Chambers regularly and acquaint themselves with the techniques of client interviewing. Unit 4 is a culmination of the above three in the form of viva voce.

Course Objectives : 

  1. To introduce the students to the practical aspects of the profession by organizing moot courts and sending them to courts for a personal experience of the functioning of courts.
  2. To enable stutents  to obtain a first-hand information of the practicalities of the working of courts.

Course Outcome

CO1: A student will be able to prepare arguments and case briefs for the given legal problem by applying the appropriate law at the national and local levels.

CO2: A student will be able to analyze the case law and demonstrate legal argumentation by presenting them in a concise manner.

CO3: A student will be able to compose and compile the legal documents in an organized manner.

CO4: A student will be able to demonstrate knowledge of court procedures and mannerisms.

CO5: A student will be able to employ the techniques of client interviewing.

CO6: A student will be able to observe courtroom demeanour and client counselling.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 marks.

Each student will further observe the preparation of documents and court papers by the advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary which will carry 5 marks.

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

Text Books And Reference Books:

As per BCI regulation

Essential Reading / Recommended Reading

As per BCI regulation

Evaluation Pattern

SCHEME OF VALUATION

 

a.      Three Moot Court Exercises                – 30 Marks

b.      Court Visits                                            – 10 Marks

c.       Lawyers Chamber Visits                      – 10 Marks

d.     Internship                                               – 40 Marks

e.      Viva Voce                                                – 10 Marks

Total                                                         100 Marks


 

LAW552 - 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

 

Constitutional law is taught over two courses. Constitutional Law I is structured to inform students about the fundamentals of Constitutional Law, with a specific focus on the relationship between the state and people, the purpose of the state and the limitations placed on it (i.e., the adjudication and enforcement of fundamental rights). The course situates the current constitutional discourse in its historical context and introduces them to key constitutional law cases and doctrines.

Unit 1 will familiarise the students with the basic concepts and the salient feature of the Constitution of India.

Unit 2 discusses the rights guaranteed to citizens and persons and explains the origin of human rights through different historical struggles.

Unit 3 discusses the Fundamental Rights to Freedom of Speech and expression, the Right to Life, and personal liberty provided in Part III.

Unit 4 will narrate the importance of Directive Principles of State policy and its interaction with Fundamental Rights.

Course Outcome

CO1: Understand and apply the basic concepts and principles of constitutional law interpretation.

CO2: Understand the historical evolution of constitutional doctrines, standards, and tests.

CO3: Identify, interpret and analyse relevant constitutional provisions in determining the constitutionality of state action.

CO4: Apply constitutional principles to real-life scenarios, evaluate the constitutionality of laws and state action, and engage in reasoned debates on contemporary constitutional issues

UNIT 1
Teaching Hours:6
INTRODUCTION
 

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

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Introduction; Concept Origin and Development; Magna Carta; The English Bill of Rights of 1689; The American Bill of Rights of 1791 The French Declaration of Rights of Man; The Universal Declaration of Human Rights, 1948, Need Fundamental Rights in India; Classification; State and Fundamental Rights (Article 12); Justifiability of Fundamental Rights (Article 13); Unconstitutionality of a Statute; Doctrine of Eclipse; Doctrine of Severability; Waiver of Fundamental Rights; Right to Equality (Articles 14-18); Equality Before Law and Equal Protection of Law (Article 14); Rule of Law Under Article 14; Rule of Law Under Article 14; Reasonable Classification; Administrative Discretion and Article 14; Reservation in India; Mandal Commission and Its Effect

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

Right to Freedom (Articles 19-22); Right to Freedom (Article 19); Protection Against Conviction (Article 20); Ex Post Facto Law; Double Jeopardy; Prohibition Against Self-Incrimination; Protection of Life and Personal Liberty (Article 21); Right to Education (Article 21-A); Safeguards Against Arbitrary Arrest and Detention (Article 25-28); Cultural and Educational Rights (Articles 29-30).

Right to Property - Article 19(1) (f) and 19 (5) Article 31; Inter-Relation of – Article 31, Article 14 and Article 19(1) (f); Article 31-A and the Saving Clause; Article 31- B and the Ninth Schedule; Article 31-C, Article 300-A.constitutional law-making

UNIT 4
Teaching Hours:14
DIRECTIVE PRINCIPLES OF STATE POLICY
 

Object and Purpose Nature; Directive Principles and Fundamental Rights Distinguished; Directive Principles and Fundamental Rights ? The Supremacy Factor; Fundamental Duties; Doctrine of Basic Structure; Amendment of the Constitution.

Text Books And Reference Books:

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. The Study of the Law of Constitution by A. V. Dicey.

5. Constitutional and Administrative Law by Wade and Philips.

6. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

7. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

8. De, D. J. Constitution of India. 2 vols., 2nd ed. Hyderabad: Asia Law House, 2005.

9. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

10. Lok Sabha Secretariat. Constituent Assembly Debates. 5 vols. New Delhi: Lok Sabha Secretariat

11. Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India 13th ed, Nagpur Wadhwa & Co. 2005.

12. Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

13. Rao, Shiva. The Framing of India’s Constitution. 6 vols New Delhi: Universal Law Publishing, 2004.

14. Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press

15. Swarup, Jagdish. Constitution of India. 2 vols. 2nd ed. New Delhi: Modern Law Publications.

 

Essential Reading / Recommended Reading

1. Avatar Singh, The Constitution of India,1st edition 2019, Central Law Agency

2. Dr. J.N.Pandey, Constitutinal Law of India, 59th Ed, Central Law Agency, 2022

3. Jain, M. P. Indian Constitutional Law, 8th ed. Nagpur: Wadhwa& Co., 2018.

4. Shukla, V. N. Constitution of India, 10 th ed. Lucknow: Eastern Book Co., 2001.

5. Seervai, H. M. Constitutional Law of India: A Critical Commentary. 3 vols., 4 th ed. New Delhi: Universal Law Publishers, Reprinted 2023.

6. Basu, D. D. Constitutional Law of India, 26th ed. Nagpur: Wadhwa, 2022.

 

Evaluation Pattern

EVALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                      – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                        TOTAL                                                                      100%

LAW553 - 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 also aims to teach, the company formation, fund raising and control, related issues, the remedies and government regulation of corporate business.

Course Outcome

CO1: Appreciate the importance of business associations, history and regulatory framework relating to the same.

CO2: Explain jurisprudential aspects of ?company? and the classification of companies.

CO3: Elucidate the process of formation of different kinds of companies and commencement of business.

CO4: Describe the method of giving security for repayment of loan or other liabilities of a company.

CO5: Evaluate ultra vires actions, consequences and remedies available to the companies and their agents.

Unit-1
Teaching Hours:8
INTRODUCTION, HISTORY AND REGULATORY REGIME
 

Overview of the subject, Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations, proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

History of corporate law and recent developments, The Modern corporation, Its role and significance, comparison with other forms of business organization – Advantages and disadvantages of doing business through the corporate vehicle – The evolution of commercial corporations and its recent developments – History of Registered Companies in England and India – Twentieth Century developments, Emergence of mega multinationals, Stakeholders in the corporation, Organs of the corporation and the correlation between them – Corporate Governance –An overview

Unit-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:6
CORPORATE SECURITIES
 

Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature of Shares and Debentures – Classes of Shares and Their Special Features – Variation of Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien on shares, Forfeiture of shares – Shares as membership

Debentures – Types of debentures-secured and unsecured, Debenture trust deed and debenture trustees, Remedies of debenture holders, Redemption of preference shares and debentures, Distinction between equity shares, preference shares and debentures, Conversion of preference shares into equity and debentures

Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form.

Unit-9
Teaching Hours:5
COMPANY CHARGES AND COMPANY DEPOSITS
 

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration – Crystallization of floating charges – Theories of floating charges – Vulnerability of floating charges – Effect of negative covenants in winding up.

Text Books And Reference Books:

1.      Gower, L. C. B. Principles of Modern Company Law. (8th Ed.) London: Sweet and Maxwell, 2015.

 

2.      Palmer. Palmer’s Company Law. London: Stevans, 2014.

 

3.      Pennington R. R. Company Law. (New)Butterworths, 2012.

 

4.      Ramaiya, Guide to the Companies Act. (18th Ed.) LexisNexis, 2015.

 

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

 

Essential Reading / Recommended Reading

1.      Gower, L. C. B. Principles of Modern Company Law. (8th Ed.) London: Sweet and Maxwell, 2015.

2.      Palmer. Palmer’s Company Law. London: Stevans, 2014.

3.      Pennington R. R. Company Law. (New)Butterworths, 2012.

4.      Ramaiya, Guide to the Companies Act. (18th Ed.) LexisNexis, 2015.

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

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW554 - 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

 

COURSE DESCRIPTION

This course is designed to introduce students to the jurisprudence behind the evolution and development of Labour welfare legislations. It also covers the aspects concerning industrial disputes and their resolution. Emphasis is also laid on social security and other benefits provided under various statutes.

 

Unit 1 is designed to take stock of the jurisprudential facets of labour policy and underscores the need for industrial peace. It lays stress on the role played by the ILO in development of Labour Rights.  Unit 2 explains the evolution of  Principles of Labour Laws in India and also focuses on the Constitutional provisions of Labour Rights in India.  Unit 3 examines the all important aspect of resolution of industrial disputes from different angles as a means of ensuring industrial harmony.  Thereon it discusses the growth of trade unions, collective bargaining process as an important tool of workers and the rights and immunities of trade unions. Unit 4 discusses the social security measures for unorganized sector workers in India and analyses the stautory provisions of  select legislations relating to gurantee of Social Security to employees. Unit 5  looks into the paramount aspect of standing orders and the pragmatic requirements of domestic inquiry of workmen for misconduct and is also designed to discuss  the statutory provisions  of Karnataka Shops and Commercial Establishment Act, 1961

COURSE OBJECTIVES

  1. To enable the students to understand the history and nature of industrial jurisprudence
  2. To acquaint the students with the conceptual and operational parameters of the various issues relating to industrial relation between employer and employee and its impact on labour relations in India
  3. To identify and understand the law relating to the resolution of industrial disputes in India.
  4. To provide an overview of judicial perspective on the labour legislations
  5. To deal with the latest trend and developments in labour laws.

 

Course Outcome

CO 1: Explain the evolution of industrial jurisprudence and principles of Labour legislations

CO 2 : Analyze the conceptual frameworks behind enactment of the Labour legislations in India.

CO 3 : Describe laws relating to resolution of industrial disputes and the roles played by trade unions in furtherance of collective bargaining and industrial disputes.

CO 4: Ascertain the social welfare schemes and legislations for Labour in India

CO 5: Ascertain and evaluate the regulation of working conditions of labour in National and Regional regime of India and to what extent they are followed.

Unit-1
Teaching Hours:12
INDUSTRIAL JURISPRUDENCE AND LABOUR
 

1.1 Labour Policy in India

1.2 Industrial Revolution in India

1.2.1 Evils of Industrialization - Economic Evils, Social Evils; Labour Problems

1.3 Industrial Peace and Industrial Harmony

1.4 Industrial Relations

1.5 Principles of Labour Legislations

1.5.1 Social Justice

1.5.2 Social Equity

1.5.3 Social Security

1.5.4 The role of ILO

Unit-2
Teaching Hours:12
NEED FOR LABOUR LEGISLATIONS IN INDIA
 

2.1 Growth of Labour Legislation in India

2.2 Industrial Adjudication

2.3 Role of courts in progressive interpretation of industrial laws.

2.4 Constitutional foundations

Unit-3
Teaching Hours:12
REGULATION OF INDUSTRIAL DISPUTES IN INDIA
 

3.1 The Industrial Disputed Act, 1947

3.1.1 Scope and applicability of Act;

3.1.2 Definitions

3.1.3 Works Committee

3.1.4 Conciliation Officers and Board of Conciliation

3.1.5 Court of Inquiry

3.1.6 Labour Court

3.1.7 Industrial Tribunal

3.1.8 Powers and Duties of Authorities

3.1.9 Strikes & Lock Outs

3.1.10 Lay-Off, Retrenchment & Closure

3.1.11 Unfair Labour Practices

 

3.2 The Trade Unions Act, 1926

3.2.1 History of Trade Union Movement in India

3.2.2 Definitions

3.2.3 Registration of Trade Unions

3.2.4 Rights and Liabilities of Trade Unions

3.2.5 Immunities and Privileges of a Registered Trade Union

3.2.6 Collective Bargaining

3.2.7 Dissolution of Registered Trade Unions

3.2.8 Recognition of Trade Unions

Unit-4
Teaching Hours:12
LABOUR AND SOCIAL SECURITY
 

4.1 The Unorganized Workers’ Social Security Act, 2008

4.1.1 Definitions

4.1.2 social security benefits

4.1.3 National Social Security Board for unorganized workers

4.1.4 State Social Security Board for unorganized workers

4.1.5 Registration

 

 

4.2 The Personal Injuries (Emergency) Provisions Act, 1962

 

4.3 Labour Code on Social Security, 2018

 

 

4.4 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

 

4.5 Social Security (Minimum Standards) Convention 102

Unit-5
Teaching Hours:12
REGULATION OF LABOUR AND WORKING CONDITIONS
 

5.1 The Industrial Employment (Standing Orders) Act, 1946

5.1.1 Draft Standing Order

5.1.2 conditions for certification of standing orders

5.1.3 appeals

5.1.4 Register of Standing Orders

5.1.5 Temporary application of model standing orders.

5.2 Karnataka Shops And Commercial Establishment Act, 1961

5.2.1 Objective of the Act

5.2.2 Definitions and establishment exempted from Karnataka Shops and Establishment Act

5.2.3 Registration

5.2.4 Regulations –

5.2.4.1 Hours of work

5.2.4.2 annual leave with wages

5.2.4.3 employment of children and women

5.2.4.4 enforcement and inspection

 

5.2.5 Offences under the Act

 

5.2.6 Penalties and Procedures

Text Books And Reference Books:

Essential References:   

·         Dr EM Rao, Industrial Jurisprudence: A Critical Commentary, Lexis Nexis., Second Edition 2015

·         H.L. Kumar , Labour and Industrial Law, Universal Law Publishing Co., 2 volumes 15th edition 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·         Vashishth, Vikas Industrial and Labour Laws Including Environmental Laws: Environment to Workmen, Vol. 1 & 2. New Delhi: Bharat Law House, Private Limited, 2004.

 

 

Essential Reading / Recommended Reading

Recommended  References:   

·         Dr EM Rao, Industrial Jurisprudence: A Critical Commentary, Lexis Nexis., Second Edition 2015

·         H.L. Kumar , Labour and Industrial Law, Universal Law Publishing Co., 2 volumes 15th edition 2010

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·         Vashishth, Vikas Industrial and Labour Laws Including Environmental Laws: Environment to Workmen, Vol. 1 & 2. New Delhi: Bharat Law House, Private Limited, 2004.

 

 

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Assignment                                          – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW555 - 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

 

Course Description: Various anthropogenic activities have resulted in the deterioration of environment where we live in.  It paused severe challenges ranging from availability of potable drinking water to climate change. Various international fora as well as local concerns have necessitated a strong regulatory regime over natural resources and its sustainable use. In line of this, many international principles and domestic legislations were formulated. This course is designed to enhance the learning spirit on principles of environmental law as well as international instruments governing them and major domestic legislations related to the environment protection and the approach of the judiciary towards it.

 


Course Outcome

CO 1: Develop the need for proper regulatory regime in key environmental issues.

CO 2: Evaluate the international legal developments in relation to the protection of environment.

CO3: Evaluate the role of law in pressing environmental issues including pollution control in India.

CO4: Formulate cogent arguments in relation to the application of environmental laws.

CO5: Evaluate the approach of judiciary in endorsing environment protection/sustainable development

Unit-1
Teaching Hours:3
Introduction
 

1.     Introduction

a.     Environment, Population and Development: Conflicting Dimensions 

 

b.     Major Environmental Movements & Recent Trends

Unit-2
Teaching Hours:12
Environmental Law and Policy: International Developments
 

1.     Evolution of International Environmental Law

a.     Development through Treaties/ Multilateral Environmental Agreements (MEA)/ Cases      

2.     United Nations Conference on Human Environment, 1972.: Significance  

3.     United Nations Conference on Environment and Development, 1992: Significance

4.     Sustainable Development: Concept and Relevance

5.     Specific Measures under International Environmental Law

a.     Climate Change: Response of International Environmental Law

(i)            United Nations Framework Convention on Climate Change (UNFCCC), 1992

(ii)           Kyoto Protocol, 1997

(iii)         Paris Agreement, 2015

b.     Biodiversity Conservation: Convention on Biological Diversity, 1992

          c.    Sustainable Development Goals

Unit-3
Teaching Hours:14
Environmental Law and Policy in India
 

1. Control of Environmental Problems: Historical Perspectives

2.  Environmental Regulations in Pre-Independent India 

3.  Common Law aspects of Environment Protection

a.     Environment Protection and Law of Torts

4.  Provisions under Indian Penal Code and Code of Criminal Procedure

5.  Constitutional Provisions on Environment Protection

a.   Right to Environment: Article 21 and New Dimensions

b.   Environmentalism in Directive Principles and Fundamental Duties. 

6. Role of Judiciary in Environmental Protection and Sustainable Development 

a.     Public Interest Litigation and Environment Protection

b.     Evolving and Endorsing of New Principles 

(i)    Polluter pays principle 

(ii)   Precautionary principle 

(iii) Public trust doctrine

c.     National Green Tribunal: Composition, Powers and Functions- Recent Interventions

 

 

Unit-4
Teaching Hours:9
Prevention and Control of Pollution
 

1.   Water and Air Pollution: Modalities of Control 

a.  Water Pollution: The Water (Prevention and Control of Pollution) Act, 1974 

b.   Air Pollution: The Air (Prevention and Control of Pollution) Act, 1981   

 

2.      Noise Pollution: Noise Pollution Regulation and Control Rules, 2000

Unit-5
Teaching Hours:13
Legal Framework on Forests, Wildlife and Biodiversity
 

1.     Forests, Wildlife and Biodiversity: Significance

2.     Framework, Relevance and Limitations of Statutes:  

a.      Indian Forest Act, 1927

b.     Wildlife Protection Act, 1972 

c.     Forest Conservation Act, 1980

d.     Biological Diversity Act, 2002

e.     Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Unit-6
Teaching Hours:9
EPA and New Environmental Regime in India
 

1.     Environment Protection Act (EPA), 1986:

a.     Aim and Objectives of the Act.

b.     Importance of Section 3 and 5 of EPA

c.     Violation and Penalties under the Act     

d.     Significance of Rule Making Power under EPA

e.     Environment Impact Assessment

f.      Coastal Regulation Zone Notification

 

2.     Role of NGOs in Environment Protection

Text Books And Reference Books:

1.     Geetanjoy Sahu, Environmental Jurisprudence and the Supreme Court (Orient Blackswan 2014)

2.     Lavanya Rajamani, Jacqueline Peel, The Oxford Handbook of International Environmental Law (2nd edn, OUP 2021)

3.     Nawneet Vibhaw, Environmental Law: An Introduction (1st edn, Lexis Nexis 2016)

4.     P. Leelakrishnan, Environmental Law in India (4th edn, Lexis Nexis 2016)

5.     Philippe Sands P and Jacquiline Peel, Principles of International Environmental Law (4th edn, CUP 2018)

6.     Shibani Ghosh, Indian Environmental Law – Key concepts and Principles, Oriental Black Swan (2019)

7.     Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India: Cases, Materials, and Statutes(2nd edn, OUP 2005)

 

8.     T.S Doabia, Environmental and Pollution Laws in India (2 Volumes, Lexis Nexis 2010)

Essential Reading / Recommended Reading

1.     Daniel Bodansky, The Art and Craft of International Environmental Law (Harvard University Press 2011)

2.     Elizabeth Fisher, Bettina Lange and Eloise Scotford, Environmental Law: Text, Cases and Materials (OUP 2013)

3.     Furquan Ahmad, Origin and Growth of Environmental Law in India, 43(3) Journal of the Indian Law Institute 358-387 (2011) 

4.     Indrajit Dube, Environmental Jurisprudence: Polluters Liability (Lexis Nexis 2007)

5.     Mahesh Rangarajan, Environmental Issues in India: A Reader (Pearson 2006)

6.     O.V. Nandimath, Environmental Decision Making in India (OUP 2008)

7.     P. Leelakrishnan,  Environmental Law Case Book (2nd edn, Lexis Nexis 2010)

8.     P.B Sahasranaman., Handbook of Environmental Law (2nd edn, OUP 2012)

9.     Paramjit Jaswal and Nishitha Jaswal, Environmental Law (4th edn, Allahabad Law Agency 2015).

10. Philippe Cullet and Sunjith Koonan, Water Law in India: An Introduction to Legal Instruments (2nd edn, OUP 2017)

 

Evaluation Pattern

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

CIA II:  Mid Semester Examination                      – 25% 

CIA III: Assignment/Research Paper/Class Test  – 10% 

Attendance                                                            – 05% 

End Semester Examination                                 – 50%

LAW561 - 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:

Unit 1 focuses on criminology, source and functions of criminal law. This will give an over view of object and purpose of criminal law. Unit 2 deals with behaviour of individuals involve in crimes and issues related to that. Unit 3 focuses on liability under criminal law, when and where it arises and third party’s liability. Different types of crimes will be discussed in Unit 4Unit 5 deals with the parties to the crime, degree of liability etc. The theoretical aspects and basis of punishment will be the objective of including Unit 6.

 

COURSE OBJECTIVES:

 

This course aims at an understanding of:

 

1.      The basic philosophy underlying the concept of crime.

 

2.       Categories of crimes.

 

3.      Parties of crime.

 

4.      It takes a look at the different theories of punishment and gives the students a broad overview of the subject.

 

Course Outcome

CO1: Understand the Sources and functions of Criminal law

CO2: Explain the theories of Criminology.

CO3: Analyse the liability under the Criminal Law

CO4: Interpret different kinds of crimes and the degrees of criminal liability

CO5: Evaluate and develop the basis of the punishment awarded on the basis of the theoretical concepts.

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Philosophy of criminology, Nature of crime, Definition and Policy, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law, Sources of criminal law, Theories of crime

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

Principle of individual autonomy, principles of welfare, harm principle and public wrong, principle of respect for human rights, Right not be punished, Criminalization as a last resort, Principle of not criminalizing where this would be counter productive

UNIT 3
Teaching Hours:16
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct – Actus Reus, Criminal capacity – Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability – secondary participation, Variations in liability. Exception to Criminal Liability SS. 76 -106 of IPC.

UNIT 4
Teaching Hours:10
CLASSIFICATION OF CRIMES
 

Indictable crimes, Petty crimes, Felonies, Misdemeanours

UNIT 5
Teaching Hours:18
PARTIES TO CRIME
 

Introduction, Principals in the first degree, Principals in second degree: aiders and abettors, Accessories before the fact, Accessories after the fact, Accomplices, ABETMENT (SS.107-120), CRIMINAL CONSPIRACY SS,120A & 120B AND ATTEMPT to Commit Offenses

UNIT 6
Teaching Hours:6
THEORIES OF PUNISHMENT
 

Deterrent, Retributive, Preventive, Reformative

Text Books And Reference Books:

  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.

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

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

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

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

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

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

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

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

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

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

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

  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.

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

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

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

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

  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.

Essential Reading / Recommended Reading
  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.
  2. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.
  3. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.
  4. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2009.
  5. Christina Mcalhone, Criminal Law, Sweet & Maxwell, 2007
  6. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.
  7. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law Publications, 2006.
  8. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.
  9. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.
  10. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.
  11. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.
  12. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.
  13. Vold, George B. Theoretical Criminology. 5th ed. New York: Oxford University Press, 2002.
  14. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.
  15. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.
  16. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009.
  17. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.
  18. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008.
Evaluation Pattern

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III - 10% – Research Paper with presentation carrying 20 marks. Students would be assessed on their ability to apply concepts learned in the class to given social problems and propose solutions. 

 

End semester examination - 50%

LAW576 - 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

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

3.I.L.I Legal Research And Methodology 

4.Verma S K, Legal Research & Methodology

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

Essential Reading / Recommended Reading

1.Amy E Sloan, Basic Method Research – Tools And  Materials

2.Pauline V.Young, Scientific Social Survey And Research

3.Morris L.Cohan, Legal Research in Nutshell

4.Harvard Law Review Association, Uniform System of Citations

5.Ranjit Kumar, Research Methodology: A Step By-Self Guide For Beginners

6.Krishna Swami, Methodology of Research In Social Sciences

7.Dr. Tewari H N, Legal Research Methodology

8.Joseph Gibaldi, MLA Handbook For Writers Of Research Papers

9.Myneni S R, Legal Research Methodology

10.Anwarul Yagin, Legal Research & Writing Methods

11.Robert Watt, Concise Legal Research

 

Evaluation Pattern

1.Assignment – submission of Literature Review                                                20%

2.Written test/ Viva - Statement of problem, research questions, research methodology                                                                                                                                                                                                                               20%

3.Submission of research paper/ Weekly Diary/ Coursera certificate                    15%

4.Attendance                                                                                                   5%

5.Publication of Research paper in a reputed journal/viva                                    30%

6.Viva                                                                                                             10%

TOTAL                                                                                                            100%

 

LAW651 - 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 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:8
UNIT 1: UNIT 1: GENERAL INTRODUCTION
 

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

Unit-2
Teaching Hours:5
UNIT 2: OFFENCES AGAINST STATE
 

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

Unit-3
Teaching Hours:5
UNIT 3: OFFENCES AGAINST PUBLIC TRANQUILLITY
 

Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray

Unit-4
Teaching Hours:10
UNIT 4: OFFENCES RELATING TO HUMAN BODY
 

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

Unit-5
Teaching Hours:10
UNIT 5: SEXUAL OFFENCES
 

Rape, Unnatural offences.

Unit-6
Teaching Hours:10
UNIT 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:7
UNIT 7: OFFENCES RELATING TO MARRIAGE
 

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

Unit-8
Teaching Hours:5
UNIT 8: OTHER OFFENCES
 

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

Unit-9
Teaching Hours:10
UNIT 9: POCSO ACT
 

 POCSO ACT  

Text Books And Reference Books:
Essential References
 
  1. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 2018.
  2. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2017.
  3. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2018.
  4. Ashworth, Andrew. Principles of Criminal Law, 6th Ed., OUP, 2018.
  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, 2020.
  8. Akers, Ronald L. Criminological Theories: Introduction, Evaluation and Appreciation. 4th ed. Jaipur: Rawat Publications, 2004.
Essential Reading / Recommended Reading
 
  1. Hagan, Frank E. Introduction to Criminology: Theories, Methods and Criminal Behavior. 7th ed. Los Angeles: Sage Publications, Inc., 2011.
  2. Newburn, Tim, ed. Key Readings in Criminology. Oregon: Willan Publishing, 2009.
  3. Walklate, Sandra. Criminology: The Basics. London: Routledge, 2005.
  4. Walsh, Anthony. Introduction to Criminology: A Text/Reader. Los Angeles: Sage Publications, 2008.
  5. Vold, George B. Theoretical Criminology. 5thed. New York: Oxford University Press, 2002.
  6. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of Criminology. 4th ed. Oxford: Oxford University Press, 2007.
  7. Hall, Jerome. General Principles of Criminal Law. 2nd ed. Indianapolis: the Bobbs-Merrill Company Inc., 2008.
  8. Furst, Gennifer. Contemporary Readings in Criminology. Los Angeles: Sage Publications, 2009
  9. Siegel, Larry J. Criminology. 9th ed. Australia: Thomson Learning, 2006.
  10. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. 6th ed. Los Angeles: Sage Publications, 2008
Evaluation Pattern

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

        CIA II – Mid Semester Examination– 25%

        CIA III – Research Topic       – 10%

        Attendance    – 05%

        End Semester Examination – 50%

        TOTAL 100%

LAW652 - 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.

Unit 1 is designed to impart the students about the composition, powers and functions of the Union and State Executives. While Unit 2 aims at educating the students all about the Parliament and state legislatures. Unit 3 throws light on the working of the Judiciary, Supreme Court and High Courts and their writ jurisdictions. Unit 4 discusses the most contentious issue of the Centre-State relations. Unit 5 is designed to discuss government contracts and Unit 6 the all important aspects of the power of amendment, emergency provisions and elections.

 

Course Objectives:

1.     To provide an overview of the organization and working of the three organs of the Government.

2.     To describe about the composition, powers and privileges of Legislature

3.     To analyse the role of Apex Court and various High Courts in adjudicatory process.

4.     To examine the Centre-State relationship under the Constitution of India

5.     To provide an overview of the Government Contracts and Services

6.     To impart an understanding with respect to the provisions relating to election commission in India.

7.     To find out the provisions underlying emergency and amending powers. 

 

 

Course Outcome

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

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

CO3: Analyze the role of the Supreme Court and High Courts in the administration of justice

CO4: Evaluate the issues with respect to the center-state relationship under the Constitution of India

CO5: Explain 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 Elections Commission of India within the Indian democratic framework.

CO7: Evaluate the provisions underlying emergency and amending powers through case laws.

UNIT 1
Teaching Hours:10
EXECUTIVE
 

Learning Outcome: At the end of this Unit, the students are expected to gain the basic inputs on the composition and significance of the union and state 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
 

Learning Outcome: Students, at the end of this Unit, are expected to learn about the law-making process among others.

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
 

Learning Outcome: The study of this Unit is instrumental in students' understanding of the struggle for constitutional space by the two governments in federalism.

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

UNIT 5
Teaching Hours:8
CONTRACTS AND SERVICES
 

Learning Outcome: Students would be learning, at the end of this Unit, the role of government as party to a contract and its implications as well as conditions affecting the services.

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

UNIT 6
Teaching Hours:7
ELECTIONS, EMERGENCY AND AMENDMENT
 

Learning Outcome: The study of this Unit makes students appreciate the legal nuances of emergency and amendment powers as well as the manner of conducting of elections.

Election commission – Composition, Powers and Functions, Role of EC in the Superintendence of Elections, Anti-defection Law, Representation of Peoples Act, 1951.

Emergency – National, state and financial, Suspension of Fundamental rights, Amendment – power and necessary procedure.

Text Books And Reference Books:

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

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

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford University Press, 1999.

9.      Basu, D. D. Casebook on Indian Constitution. 2nd ed. Kolkata: Kamal Law House, 2007.

10.  Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press, 2000.

11.  Rao, Shiva. The Framing of India’s Constitution. 6 Vols. New Delhi: Universal Law Publishing, 2004.

12.  Swarup, Jagdish. Constitution of India. 2 Vols. 2nd ed. New Delhi: Modern Law Publications.

Essential Reading / Recommended Reading

1.      Singh, M. P., and V. N. Shukla. Constitution of India. 11th ed. Lucknow: Eastern Book Co., 2010.

2.      De, D. J. Constitution of India. 2 Vols. 2nd ed. Hyderabad: Asia Law House, 2005.

3.      Basu, D. D. Constitutional Law of India. 7th ed. Nagpur: Wadhwa, 1998.

4.      Jain, M. P. Indian Constitutional Law. 6th ed. Nagpur: Lexis Nexis Butterworths Wadhwa, 2010.

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

6.      Lok Sabha Secretariat. Constituent Assembly Debates. 5 Vols. New Delhi: Lok Sabha Secretariat.

7.      Chandrachud, Y. V. Durga Das Basu Shorter Constitution of India. 13th ed. Nagpur: Wadhwa & Co., 2005.

8.      Austin, Granville. Working a Democratic Constitution: A History of the Indian Experience. New Delhi: Oxford Uni

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Paper                                                    – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW653 - 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 appointment of directors, the directors’ duties, matters governing board meetings, matters governing company meetings, he 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 majority rule.Unit 7 emphasizes on the liquidation of a company and winding up.

 

Course Outcome

CO1: Identify and explain the legal issues in the administration and management of a registered company.

CO2: Analyze the principles laid down in the leading case laws.

CO3: Build an argument on different corporate issues and apply the learned principles in a corporate environment

CO4: Apply and critique the efficacy of those principles in the working of modern Corporations.

CO5: Apply and solve national and international corporate governance issues and to evaluate the efficiency of corporate governance in India.

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 BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties

 

Unit-3
Teaching Hours:8
MEETINGS
 

 

General Meeting as an Organ of the Company and its OperationTypes 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 WINDING-UP 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.

 

Text Books And Reference Books:

 

SUGGESTED READINGS

 

1.      Prachi Manekar,Insights into the new Company Law,Lexis Nexis 2018.

 

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

 

3.      Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 2019.

 

4.      Palmer. Palmer’s Company Law. London: Stevans, 2020.

 

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

 

6.      Ramaiya, Guide to the Companies Act. Lexis Nexis, 2019.

 

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

 

Essential Reading / Recommended Reading

SUGGESTED READINGS

 

1.      Prachi Manekar,Insights into the new Company Law,Lexis Nexis 2018.

 

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

 

3.      Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell, 2019.

 

4.      Palmer. Palmer’s Company Law. London: Stevans, 2020.

 

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

 

6.      Ramaiya, Guide to the Companies Act. Lexis Nexis, 2019.

 

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

Evaluation Pattern

 

SCHEME OF VALUATION

 

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

 

·         CIA II – Mid Semester Examination                                  – 25%

 

·         CIA III – Research Topic                                                     – 10%

 

·         Attendance                                                                            – 05%

 

·         End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

LAW654 - 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. The major challenge in labour reforms is to facilitate employment growth while protecting workers’ rights. Key debates relate to the coverage of small firms, deciding thresholds for prior permission for retrenchment, strengthening labour enforcement, allowing flexible forms of labour, and promoting collective bargaining. The 2nd National Commission on Labour (NCL) recommended consolidation of central labour laws. It observed that there are numerous labour laws, both at the Centre and in states. Further, labour laws have been added in a piecemeal manner, which has resulted in these law being ad-hoc, complicated, mutually inconsistent with varying definitions, and containing outdated clauses. Following the recommendations of NCL, the four Codes on wages, industrial relations, social security, and occupational safety were introduced in Parliament and are also passed. The Government of India is currently in the process of formulating the Rules under these Codes for their implementation. Once the Rules have been drafted and finalized, the above Codes along with the Rules shall come into force on such date as per the Central Government notification in the Official Gazette. The grammar of labour law in a pluralist society tells us the worker is concerned with wages and conditions of service, the employer with output and economies and the communities with peace, production, and stream of supply. In this backdrop, this course will provide an insight into the laws relating to social security schemes, wages, other benefits, and health, safety, and welfare measures for the working class in our country. Moreover, the students will be engrossed with the relevant provisions of the sexual harassment at workplace. Unit -1: is a study of significant social security aspect of the lives of labour, i.e., the compensation in case of industrial accidents and to provide social insurance to labourers. It comprises legal provisions, the contemporary debate on Employees Provident Fund and workers' vulnerability in this regard. It investigates social security for women workers with reference to maternity benefit and the winds of change envisaged therein. It also focuses on the payment of bonus for workers and aims to provide for a scheme for the payment of gratuity. Unit- 2 aims at the rationale behind and the need for minimum wage, and the study of the relevant statutory provisions and underscores the concept of payment of wages and the legal regime for it. Unit-3: is designed to look into the all-important provisions of health, safety and welfare provisions for workers in factories that have assumed Centrestage in the wake of globalization and covers the need for labour law reforms highlights about new labour codes. UNIT - 4: It also discusses the relevance of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the relevant case laws

Course Outcome

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

C0 2: Examine the merits and demerits of various social security schemes with respect to health, safety and welfare measures in India.

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

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

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

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

Unit-1
Teaching Hours:32
SOCIAL SECURITY CODE
 

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:12
WAGE CODE
 

2.1 THE PAYMENT OF WAGES ACT, 1936 2.1.1 Objects, salient features, application and definitions, 2.1.2 Payment of wages and deductions from wages, 2.1.3 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:8
OSH CODE (OCCUPATIONAL, SAFETY, HEALTH AND WORKING CONDITIONS CODE) ? 2020
 

3.1 THE FACTORIES ACT, 1948 Hours: 83.1.1 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:8
LABOUR: PROTECTION OF THE VULNERABLE
 

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:

Bhatia. Constructive Industrial Relations and Labour Laws, 2003  Kumar, Labour Problems and Remedies, 2007  Kumar, H. L. Obligations of Employer Under Labour Law, Delhi 2005 Kumar, Sanjeev. Industrial and Labour Laws, 2004  Pillai, Madhavan. Labour and Industrial Law, 1998  Pai G. B. Labour Law in India, 2001  Sharath Babu. Social Justice and Labour Jurisprudence, 2007  Sharma, J. P. Simplified Approach to Labour Laws, 2006  Srivastava. Commentaries on the Factories Act, 1948  Srivastava. Labour Law & Labour Realtuiobs: Cases and Materials, 2007 Misra S.N. Labour and Industrial Laws, 2021

Essential Reading / Recommended Reading

Bhatia. Constructive Industrial Relations and Labour Laws, 2003  Kumar, Labour Problems and Remedies, 2007  Kumar, H. L. Obligations of Employer Under Labour Law, Delhi 2005 Kumar, Sanjeev. Industrial and Labour Laws, 2004  Pillai, Madhavan. Labour and Industrial Law, 1998  Pai G. B. Labour Law in India, 2001  Sharath Babu. Social Justice and Labour Jurisprudence, 2007  Sharma, J. P. Simplified Approach to Labour Laws, 2006  Srivastava. Commentaries on the Factories Act, 1948  Srivastava. Labour Law & Labour Realtuiobs: Cases and Materials, 2007 Misra S.N. Labour and Industrial Laws, 2021

Evaluation Pattern

CIA - I: CLASS TEST 

CIA  II MID SEM EXAMS 

CIA III - RESEARCH ASSIGNMENT 

CIA IV - END SEM EXAMS

 

LAW665 - 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 in India

 

In light of the above, Unit 1 seeks to impart the historical evolution of IP protection and an exposure to the international and global evolution of IPR in the current state. It will also emphasise on the philosophical and economic justifications for the grant of IPR. Unit 2 is designed to educate the students about the specific law relating to patents in terms of eligibility, subject matter acquisition, enforcement etc. Unit 3 examines the law relating to copyright in India in light of the 2012 Amendment. Unit 4 is designed to appreciate the law relating to trademark with special emphasis on the concept of distinctiveness, deceptive similarity, dilution, and various trends in passing off. Unit 5 aims at an understanding of the concept of designs and legal issues involved in the same. Unit 6 takes note of the expanding horizons of IP like semi conductor chips and new plant varieties as a response to new technology. It also addresses the conflicting areas by virtue of IP protection

 

Course Outcome

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

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

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

CO4: Analyze the issues related to infringement of IP.

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

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

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

 

Philosophical and theoretical justifications for IPRs- Types of Intellectual Property – Historical evolution of different types of IPRs – Philosophical evolution of different types of IPRs –– International legal framework

 

Unit-2
Teaching Hours:12
PATENTS
 

 

Subject matter of patents – Criteria for protection – Procedure for getting patent protection – Concept of territoriality – Overview of the procedure for getting protection at the national level – Overview of the procedure for getting protection abroad – Ownership and assignment – Infringement – Remedies – Limitation and exceptions to patent rights – Compulsory licensing and protection of national interests.

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

Subject matter of copyright – Criteria for copyright protection – Idea expression dichotomy and merger doctrine – Bundle of rights provided under copyright law – Moral rights – Assignment and licensing of copyright – Collective management of copyright – Infringement – Remedies – Limitations and exceptions to copyright.

 

Unit-4
Teaching Hours:12
TRADEMARK
 

 

Subject matter of trademarks – Criteria for protection – Procedure for getting trademark protection – Grounds for refusal – Absolute and relative grounds – Infringement of trademarks – Passing off – Remedies – Exceptions and limitations – Domain names and cybersquatting.

 

Unit-5
Teaching Hours:6
INDUSTRIAL DESIGNS
 

 

Subject matter of protection – Criteria for protection – Grounds for refusal – Ownership and assignment of rights – Infringement – Remedies – Exceptions and limitations – Overlap between copyright and design protection – Overlap between trademark and design protection.

 

Unit-6
Teaching Hours:8
EXPANDING HORIZONS OF IP
 

 

Trade secrets – Geographical Indications – Plant varieties and farmers rights – Protection of biodiversity – Protection of traditional knowledge and traditional cultural expressions – Protection of layout designs of integrated circuits.

 

Text Books And Reference Books:

 

1.     Subram, N. R. Demystifying Intellectual Property Rights. New Delhi: LexisNexis – Butterworths Wadhwa, Nagpur, 2009.

 

2.     Bainbridge, David. Intellectual Property. 5th ed. Pearson Education, 2003.

 

3.     Torremans, Paul, and Jon Holyoak, Intellectual Property Law. 2nd ed. Butterworths, 1988.

 

4.     Bains, Willam. Biotechnology from A to Z. 2nd ed. VCH, Federal Republic of Germany, 1998.

 

5.     Bainbridge, David. Intellectual Property. 5th ed. Addison-Wesley Longman Ltd, 2002.

 

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

 

7.     Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of Trademarks and Trade Names. 14th ed, Sweet & Maxwell, 2005.

 

8.     Cook, Trevor. Pharmaceuticals Biotechnology and the Law. 2nd ed, LexisNexis, 2009.

 

9.     Chalton, Simon. The Legal Protection of Databases, Hawksmere Publication, 2001.

 

10.  Ryder, Rodney D. Intellectual Property Law, Concept of Commercialisation, Macmillan, 2005.

 

11.  Powell, Ed Baden. Intellectual Property and Media Law Companion. 4th ed, Law Matters Publishing, 2007.

 

12.  Intellectual Property, The Many faces of Public Domain Edward Elgar Publishing, 2007.

 

13.  Copinger and Skone James on Copyright, Vol. 1, Sweet & Maxwell, 2010.

 

14.  Cornish, Llewelyn and Aplin, Intellectual Property. 7th ed, Sweet & Maxwell, 2010.

 

15.  May, Christoper. Intellectual Property Rights, A Critical History. Lynne Rienner Publishers (2006).

 

16.  Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property. Rome: Touro International University, 2009.

 

17.  Echols, Marsha. A. Geographical Indications for Food Products, Kluwer Law International, 2008.

 

18.  Wilkof, Neil J., and Daniel Burkitt. Trademark Licensing. 2nd ed, Sweet & Maxwell, 2005.

 

19.  Adeney, Elizabeth. The Moral Rights of Authors and Performers: An International Comparative Analysis. London: Oxford University Press, 2006.

 

20.  Dutfield, Graham. Intellectual Property Rights and the Life Science Industries. 2nd ed, Ashgate Publishing, 2003.

 

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

 

22.  Eastaway, Nigel, et al. Intellectual Property Law and Taxation, Thomson Reuters/Sweet & Maxwell, 2008.

 

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

 

24.  Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press 2001

 

25.  Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access and Development, Universal Law Publishing Co. 2009

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen 2008

 

27.  Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006

 

28.  Peter K. Yu, Intellectual property and Information Wealth: Issues and Practices in the Digital Age, Pentagon Press 2009 Vol. I-IV

 

29.  Robert F. Braunies, Intellectual Property Protection of Fact-based Works: Copyright and Its Alternatives, Edward Elgar 2009

 

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

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

32.  Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed. 2006

 

33.  Terrell on the Law of Patents, Sweet&  Maxwell, 2011

 

34.  NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer Law International 2006

 

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

 

Essential Reading / Recommended Reading

 

1.     Subram, N. R. Demystifying Intellectual Property Rights. New Delhi: LexisNexis – Butterworths Wadhwa, Nagpur, 2009.

 

2.     Bainbridge, David. Intellectual Property. 5th ed. Pearson Education, 2003.

 

3.     Torremans, Paul, and Jon Holyoak, Intellectual Property Law. 2nd ed. Butterworths, 1988.

 

4.     Bains, Willam. Biotechnology from A to Z. 2nd ed. VCH, Federal Republic of Germany, 1998.

 

5.     Bainbridge, David. Intellectual Property. 5th ed. Addison-Wesley Longman Ltd, 2002.

 

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

 

7.     Kitchin, David, David Llewelyn and James Mellor. Kerly's Law of Trademarks and Trade Names. 14th ed, Sweet & Maxwell, 2005.

 

8.     Cook, Trevor. Pharmaceuticals Biotechnology and the Law. 2nd ed, LexisNexis, 2009.

 

9.     Chalton, Simon. The Legal Protection of Databases, Hawksmere Publication, 2001.

 

10.  Ryder, Rodney D. Intellectual Property Law, Concept of Commercialisation, Macmillan, 2005.

 

11.  Powell, Ed Baden. Intellectual Property and Media Law Companion. 4th ed, Law Matters Publishing, 2007.

 

12.  Intellectual Property, The Many faces of Public Domain Edward Elgar Publishing, 2007.

 

13.  Copinger and Skone James on Copyright, Vol. 1, Sweet & Maxwell, 2010.

 

14.  Cornish, Llewelyn and Aplin, Intellectual Property. 7th ed, Sweet & Maxwell, 2010.

 

15.  May, Christoper. Intellectual Property Rights, A Critical History. Lynne Rienner Publishers (2006).

 

16.  Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property. Rome: Touro International University, 2009.

 

17.  Echols, Marsha. A. Geographical Indications for Food Products, Kluwer Law International, 2008.

 

18.  Wilkof, Neil J., and Daniel Burkitt. Trademark Licensing. 2nd ed, Sweet & Maxwell, 2005.

 

19.  Adeney, Elizabeth. The Moral Rights of Authors and Performers: An International Comparative Analysis. London: Oxford University Press, 2006.

 

20.  Dutfield, Graham. Intellectual Property Rights and the Life Science Industries. 2nd ed, Ashgate Publishing, 2003.

 

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

 

22.  Eastaway, Nigel, et al. Intellectual Property Law and Taxation, Thomson Reuters/Sweet & Maxwell, 2008.

 

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

 

24.  Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries, Oxford University Press 2001

 

25.  Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access and Development, Universal Law Publishing Co. 2009

 

26.  Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and Application, Aspen 2008

 

27.  Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006

 

28.  Peter K. Yu, Intellectual property and Information Wealth: Issues and Practices in the Digital Age, Pentagon Press 2009 Vol. I-IV

 

29.  Robert F. Braunies, Intellectual Property Protection of Fact-based Works: Copyright and Its Alternatives, Edward Elgar 2009

 

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

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

32.  Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed. 2006

 

33.  Terrell on the Law of Patents, Sweet&  Maxwell, 2011

 

34.  NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer Law International 2006

 

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

 

Evaluation Pattern

 

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

 

·       CIA II – Mid Semester Examination                                 – 25%

 

·       CIA III – Research Topic                                                     – 10%

 

·       Attendance                                                                            – 05%

 

·       End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

LAW677 - 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

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

3.I.L.I Legal Research And Methodology 

4.Verma S K, Legal Research & Methodology

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

Essential Reading / Recommended Reading

1.Amy E Sloan, Basic Method Research – Tools And  Materials

2.Pauline V.Young, Scientific Social Survey And Research

3.Morris L.Cohan, Legal Research in Nutshell

4.Harvard Law Review Association, Uniform System of Citations

5.Ranjit Kumar, Research Methodology: A Step By-Self Guide For Beginners

6.Krishna Swami, Methodology of Research In Social Sciences

7.Dr. Tewari H N, Legal Research Methodology

8.Joseph Gibaldi, MLA Handbook For Writers Of Research Papers

9.Myneni S R, Legal Research Methodology

10.Anwarul Yagin, Legal Research & Writing Methods

11.Robert Watt, Concise Legal Research

 

Evaluation Pattern

1.Assignment – submission of Literature Review                                                20%

2.Written test/ Viva - Statement of problem, research questions, research methodology                                                                                                                                                                                                                               20%

3.Submission of research paper/ Weekly Diary/ Coursera certificate                    15%

4.Attendance                                                                                                   5%

5.Publication of Research paper in a reputed journal/viva                                    30%

6.Viva                                                                                                             10%

TOTAL                                                                                                            100%

 

LAW686A - 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

 

 

Course Description

 

UNIT 1 is designed to introduce students to the concept of insolvency and corporate insolvency. UNIT 2 facilitates students in understanding the different modes of winding up covered under the erstwhile legislations and the provisions applicable to all modes of Winding up. UNIT 3 deals with Corporate Insolvency Resolution and Liquidation process under IBC, 2016 UNIT 4 enables students to appreciate the roles of the special officers appointed under IBC UNIT 5 is on the role of NCLT, NCLAT, IBBI and other institutions UNIT 6 seeks to study the provisions applicable to Corporate Restructuring and different types of Rescue, the offences under the Companies Act, IBC,2016 and gives students a comparative perspective and helps them to understand the Insolvency Laws of the US and the UK and Cross border Insolvency.

 

 Course Objectives

 

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 stake holders under the Corporate Insolvency Resolution Process.The Course also provides an insight into the insolvency issues of Multi-National Corporations and Cross Border Insolvency. 

 

Course Outcome

CO1: Examine the theoretical foundations and jurisprudential principles of corporate insolvency law

CO2: Analyze and solve practical issues and problems associated with corporate insolvency law

CO3: Compare and contrast different debt recovery options under corporate insolvency law

CO4: Apply and analyse the general principles related to corporate insolvency

CO5: Evaluate the efficiency of Indian insolvency law as against the insolvency laws of other countries, the issues related to cross border insolvency and to equip the students with knowledge on national and global insolvency legal regime.

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, Powers and duties of Registered Valuer.

Unit-5
Teaching Hours:5
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:20
RESTRUCTURING OF COMPANIES IN TRAUMA,INSOLVENCY OF MULTINATIONAL CORPORATIONS & CROSS BORDER INSOLVENCY
 

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

 

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

Text Books And Reference Books:

 

Essential References

 

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 RightsHayward’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 LawLexisNexis Butterworths, (2005)

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

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

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

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

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

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

Essential Reading / Recommended Reading

·        Innoventive Industries v. ICICI Bank & Anr (2018 1 SCC 407)

·        Mobilox Innovations Pvt. Ltd v. Kirsura Software Pvt. Ltd -2018 1 SCC 353

·        Arcelor Mittal India Pvt. Ltd v. Satish Kumar Gupta & Ors -Civil Appeal No:9402-9405 of 2018

·        Swiss Ribbons Pvt. Ltd v. UOI -Writ Petition (civil)99/2018

·        Quinn Logistics India Pvt. Ltd. Vs. Mack Soft Tech Pvt. Ltd. & Ors. [CA (AT) (Insolvency) No. 185 of 2018]

·        Uttam Galva Metallics Ltd. Vs. State Bank of India [CA (AT)(Insolvency) No. 315 of 2018]

·        SBI v. Ramakrishnan & Vessons Energy Systems (2018)210 Comp Cases 364(SC)

·        Commissioner of Income Tax v. Monnet Ispat (2017) 16 SCC 143

·        Binani Industries v. Bank of Baroda Company Appeal (AT)(Insolvency) No.82 of 2018-

·        Rajputana Properties Pvt. Ltd v. Ultratech Cement Ltd, Civil Appeal No.10998 of 2018

·        Pioneer Urban Land & Infrastructure Ltd & Anr v. Union of India & Ors

·        Chitra Sharma and Ors. Vs. Union of India and Ors [WP (Civil) No. 744 of 2017 & connected WPs & SLPs]

  • Committee of Creditors of Essar Steel India Ltd v. Satish Kumar Gupta & Ors

 

·         Finch Vanessa,The Measures of Insolvency Law,The Oxford Journal of Legal Studies,1997.

·        Cirmizi, Klapper& Uttanchandani, The Challenges of Bankruptcy Reform,The Worldbank Research Observer, 185-203(2012)

·        Howell J, International Insolvency Law, The International Lawyer,113-151 (2008)

·        Kozyris.P.John, Cross Border Insolvency,The American Journal of Comparative Law,1990,271-282

·        McCormack G,Control and Corporate Rescue-An Anglo American Evaluation,The International Comparaitive Law Quarterly,515-531(2007)

·        Paulus.C, Some Thoughts on an Insolvency Procedure for Countries, The American Journal of Comparative Law, Vol.50,No.3,2002,531-553.

·        Robert R. Bliss and George G. Kaufman, U.S. Corporate and Bank Insolvency Regimes: An Economic Comparison and Evolution, https://www.researchgate net/publication/5041075

  • Duncan Henderson, Inability to pay debts: where are we now?  Insolvency Intelligence (2011)
  • David Milman, Security interests and quasi-security claims in UK corporate insolvency law: current issues,
  • Company Law Newsletter (2011) & Commentaries on IBC published in India Corporate Law Blog, IBBI Newsletter & University of Oxford-Business Law Blog.
  • Robert Pennington, Recent developments in the law and practice relating to the creation of security for companies' indebtedness, Company Lawyer (2009)
  • Abhinav Ashwin, “Safeguarding employees' rights in winding-up proceedings - the Indian perspective”, International Company and Commercial Law Review (2005) 

·        Extraterritoriality and Cross-Border Bankruptcy- Developments in the Law, Harvard Law Review March (2011)

·        Kate Dawson, The doctrine of forum non convenience and the winding up of insolvent foreign companies, Journal of Business Law Allan L. Gropper, The Payment of Priority Claims in Cross-Border Insolvency Cases, Texas International Law Journal (2011) (2005)

·        The Resolution of Distressed Financial Conglomerates Author(s): Howell E. Jackson and Stephanie Massman Source: RSF: The Russell Sage Foundation Journal of the Social Sciences, Vol. 3, No. 1, Financial Reform: Preventing the Next Crisis (January 2017), pp. 48-72

·        Claims in Cross-Border Insolvency Cases, Texas International Law Journal (2011) (2005)

·        Corporate Bankruptcy Tourists Author(s): Oscar Couwenberg and Stephen J. Lubben Source: The Business Lawyer, Vol. 70, No. 3 (SUMMER 2015), pp. 719-750 Published by: American Bar Association.

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%

LAW686B - CLIMATE CHANGE: LAW AND POLICY (2021 Batch)

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

Course Objectives/Course Description

 

Climate change is an important problem and this course hopes in increasing a spark in students to research and develop strategies towards a sustainable and equitable future. Serious deliberations are underway as to what shape and form climate change arrangement should take in achieving the goals visualized but not realized, under the United Nations Framework Convention on Climate Change, 1992, Kyoto Protocol and the Paris Agreement. International and domestic attempts are being made to respond to climate challenges. UNIT 1 deals with the interface between science, technology and law on climate change. UNIT 2 deals with the United Nations Convention on climate change and international law. UNIT 3 deals with the Kyoto protocol. UNIT 4 deals with the Paris Agreement, 2015. UNIT 5 deals with sustainable development and climate change and UNIT 6 deals with Climate change laws in India.

 

Course Objectives:

  1. To provide a detailed understanding of the basic elements of a climate change negotiation at the international level.

  2. To familiarise students with the conditions and procedures required for countries to enter into an international agreement on climate change.

  3. Develop critical understanding of the existing laws on climate change in India and the issues related to energy poverty, human rights violations and climate justice.

  4. Familiarise students to the laws for climate change at national and international levels and the procedure for determining equitable and sustainable approach in respect to climate inequities.

  5. Use the understanding of the laws relating to sustainable development, climate change and human rights to promote  and render climate justice in the communities.

Course Outcome

CO1: Critically assess the causes of climate change and distinguish its impacts in relation to different countries and generations

CO2: Apply the principles of international environmental law on legal issues concerning climate change.

CO3: Analyse the issues pertaining to climate change at regional and national levels.

CO4: Describe the differences between international climate agreements and domestic regulation, and the interconnectivity between the two for policy making.

CO5: Propose a solution to the existing problems relating to climate change in India

Unit-1
Teaching Hours:10
INTRODUCTION TO CLIMATE CHANGE
 

Climate Science - background; Effects and impact of climate change; Climate change belief and cultural cognition; Responding to climate change: Mitigation and Adaptation; Introduction to the theory of externalities; The Pigouvian Tax: problems with Pigouvian taxation; Need for an international climate change agreement.

Unit-2
Teaching Hours:8
UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE AND INTERNATIONAL LAW
 

International Law: Basic Principles, and the road to the UN Framework Convention on Climate Change (UNFCCC); International Law: the UNFCCC; International considerations for climate change decision making; Climate Finance and Technology Transfer.

Unit-3
Teaching Hours:7
KYOTO PROTOCOL
 

Kyoto Protocol Overview;   Objectives and Principles under the Kyoto Protocol; Negotiations and mechanism of the Kyoto Protocol; Reporting, compliance, enforcement and alternative approaches.

Unit-4
Teaching Hours:12
PARIS AGREEMENT
 

Key issues in the international climate change negotiations that led towards  a post-2020 agreement; Paris Agreement 2015: Overview; The Paris Agreement: A new paradigm of international cooperation; Implementation and Compliance.

Unit-5
Teaching Hours:5
SUSTAINABLE DEEVELOPMENT AND CLIMATE CHANGE
 

Principles of the United Nations’ Sustainable Development Goals and how they are related to well-being, environmental and human health protection-Introduction to Climate Change and Sustainable Development: Principles and Approaches -Sustainable Development goals 2015 and climate change.

Unit-6
Teaching Hours:18
CLIMATE CHANGE AND INDIA
 

Policy framework in India addressing climate change; Implementation and compliance procedures; Climate change and energy sector; Climate Litigation; Climate change and human right violations; State and local initiatives.

Text Books And Reference Books:
  1. Carbon Brief, ‘COP24: Key outcomes agreed at the UN climate talks in Katowice’ 16 December 2018 available at: https://www.carbonbrief.org/cop24-key-outcomes-agreed-at-the- un-climate-talks-in-katowice 

  2. Donald K. Anton, Jonathan I. Charney, Philippe Sands, Thomas Schoenbaum and Michael J. Young, International Environmental Law: Cases, Materials, Problems (LexisNexis 2007).

  3. D. Kahan et al, Cultural Cognition of Scientific Consensus, Journal of Risk Research (2013).

  4. IPCC Special Report on 1.5 Summary for Policy Makers (pp1-26) available here: https://www.ipcc.ch/sr15/.

  5. Lavanya Rajamani, Addressing Loss and Damage from Climate Change Impacts available at: https://cprindia.org/articles/addressing-loss-and-damage-climate-change-impacts

  6. Lisa Benjamin, ‘The Road to Paris Runs Through Delaware: Climate Litigation and Directors’ Duties’ available at: https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=3379848

  7. M.K Ramesh, Environmental Justice Delivery in India: In Context, 2(2) Indian Journal of Environmental Law 9-16 (2001).

  8. M.K Ramesh, Environmental Justice: Courts and beyond, 3(1) Indian Journal of Environmental Law 20-37 (2002).

  9. Richard Heede, ‘Tracing Anthropogenic Carbon Dioxide and Methane Emissions to Fossil Fuel and Cement Producers, 1854–2010’ (2014) 122(1) Climatic Change, 229 available at:https://link.springer.com/article/10.1007/s10584-013-0986-y

Books:

 

  1. Navroz K Dubash (ed.), Handbook of Climate Change and India: Development, politics and governance (Routledge, 2011).

  2. Navroz K Dubash (ed.), India in a Warming World: Integrating Climate Change and Development (Oxford University Press, 2019).

  3. Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (Cambridge University Press, 2012)

  4. The Oxford Handbook of International Environmental Law (Daniel Bodansky et al. eds., Oxford University Press, 2007).

  5. The Paris Climate Agreement: Analysis and Commentary ( Klein Daniel et al. eds., Oxford: Oxford University Press, 2017).

  6. The Implementation of the Paris Agreement on Climate Change (Vesselin Popovski ed, Routledge, 2020)

Essential Reading / Recommended Reading
  1. Carbon Brief, ‘COP24: Key outcomes agreed at the UN climate talks in Katowice’ 16 December 2018 available at: https://www.carbonbrief.org/cop24-key-outcomes-agreed-at-the- un-climate-talks-in-katowice 

  2. Donald K. Anton, Jonathan I. Charney, Philippe Sands, Thomas Schoenbaum and Michael J. Young, International Environmental Law: Cases, Materials, Problems (LexisNexis 2007).

  3. D. Kahan et al, Cultural Cognition of Scientific Consensus, Journal of Risk Research (2013).

  4. IPCC Special Report on 1.5 Summary for Policy Makers (pp1-26) available here: https://www.ipcc.ch/sr15/.

  5. Lavanya Rajamani, Addressing Loss and Damage from Climate Change Impacts available at: https://cprindia.org/articles/addressing-loss-and-damage-climate-change-impacts

  6. Lisa Benjamin, ‘The Road to Paris Runs Through Delaware: Climate Litigation and Directors’ Duties’ available at: https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=3379848

  7. M.K Ramesh, Environmental Justice Delivery in India: In Context, 2(2) Indian Journal of Environmental Law 9-16 (2001).

  8. M.K Ramesh, Environmental Justice: Courts and beyond, 3(1) Indian Journal of Environmental Law 20-37 (2002).

  9. Richard Heede, ‘Tracing Anthropogenic Carbon Dioxide and Methane Emissions to Fossil Fuel and Cement Producers, 1854–2010’ (2014) 122(1) Climatic Change, 229 available at:https://link.springer.com/article/10.1007/s10584-013-0986-y

Books:

 

  1. Navroz K Dubash (ed.), Handbook of Climate Change and India: Development, politics and governance (Routledge, 2011).

  2. Navroz K Dubash (ed.), India in a Warming World: Integrating Climate Change and Development (Oxford University Press, 2019).

  3. Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (Cambridge University Press, 2012)

  4. The Oxford Handbook of International Environmental Law (Daniel Bodansky et al. eds., Oxford University Press, 2007).

  5. The Paris Climate Agreement: Analysis and Commentary ( Klein Daniel et al. eds., Oxford: Oxford University Press, 2017).

  6. The Implementation of the Paris Agreement on Climate Change (Vesselin Popovski ed, Routledge, 2020)

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%

 

LAW686C - ENERGY LAWS (2021 Batch)

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

Course Objectives/Course Description

 

The Course comprises of eight units. Unit 1 is designed to introduce students to the energy production, use and its implications for development. Unit 2 enlist the Constitutional basis for Energy laws with substantial enquiry on the role of Central and State governments. Unit 3 exclusively deals with the Energy law implications upon Electricity sector and examines the regulations pertaining to generation, transmission, distribution and supply of electricity. Unit 4 discusses the statutory framework pertaining to Oil and Natural Gas sector. Units 5 discuss regulatory and legislative regimes with respect to Coal Sector. Unit 6 focuses on focus on new energy sources, such as Nuclear Energy and in case of renewable energy sources, Solar Energy and Wind Energy. Unit 7 deals with Energy efficiency and Conservation. Unit 8 deals International aspects of Energy law.

The energy law course provides an understanding of the problems and an exposure to energy law and policy. It lays down the fundamental concepts of Energy law and enlisting the contemporary relevance of the discipline.It provides a survey of laws and policies related to the generation, transmission, sale, and use of energy resources. It introduces students to a variety of potential career paths in the field of energy law and provides a strong theoretical base for the students with respect to Energy law. It focuses on current and important topics in the field of energy policy. It helps to develop interconnections between energy law and other areas of legal practice. It also looks into the recent natural and man-made events that have caused the discussion of energy law and policy of late and have contributed to the increased politicization of the topic. It emphasizes the emerging issues and challenges pertaining to Energy law both nationally and internationally.

Course Outcome

CO1: Identify the different sources of energy and describe the importance of each of them

CO2: List the general principles of energy law

CO3: Analyse the issues related to reliance on fossil fuels

CO4: Evaluate the international legal framework related to Energy and articulate the problem areas for the deficiency

CO5: Apply the principles that have evolved in Energy Laws to legal problems

CO6: Propose solution to the existing Energy problems in India

Unit-1
Teaching Hours:8
Energy and Development
 

This unit will be an introductory module on political economy of energy production and use and its implications for development. This unit will provide basic grounding in the major features of global energy issues, sustainable energy and their interactions with economics, development, environment and policy.

Unit-2
Teaching Hours:6
Constitutional Basis of Energy Law
 

This unit will explore the aspects of Constitutional law and implementation that underpin the theory and practice of energy law. The unit will provide an overview for the Constitutional bases for the roles of the Centre and the State Governments in energy law.

Unit-3
Teaching Hours:6
Electricity Sector
 

This unit will cover the Indian Electricity Sector and its regulations pertaining to generation, transmission, distribution and supply of electricity.

Unit-4
Teaching Hours:8
Oil and Natural Gas Sector
 

This unit studies the three sub sectors, i.e. upstream, midstream and downstream individuallyera. It will also cover the statutory frameworks and considerations taken into account by regulatory agencies for siting, licensing and certificating interstate/inter country pipelines, LNG terminals and city gas distribution networks.

Unit-5
Teaching Hours:8
Coal Sector
 

This unit covers the coal industry in three phases, i.e. the prospecting, exploitation and transporting & distribution, the regulatory and legislative regimes pertaining to these three phases. The module also discusses future prospects of coal mining in India, strategies to be adopted and also need for change in the existing policies.

Unit-6
Teaching Hours:8
New & Renewable Energy
 

This unit will focus on new energy sources, such as Nuclear Energy and in case of renewable energy sources, Solar Energy and Wind Energy. Special emphasis on the development of solar energy, wind energy and nuclear energy has been provided in the 12th Five Year Plan (2012-2017). Therefore this module too gives emphasis on the regulatory and policy framework in these two sectors.

Unit-7
Teaching Hours:8
Energy Efficiency & Conservation
 

This unit will examine the incentives for energy efficiency and conservation included in the legislations to address climate change and bridging the gap between power consumption and power availability.

Unit-8
Teaching Hours:8
International Aspects of Energy Laws
 

This unit explores the international aspects of energy law drawing a comparison between UK and US jurisdiction.

Text Books And Reference Books:

Nawneet Vibhaw, Energy Law and Policy In India, LexisNexis 2014

Mohammed Naseem, Energy Law in India, Wolters Kluwer 2011 

Joseph Tomain and Richard Cudahy, Energy Law in a Nutshell, Thomson Reuters 2011

Raphael J Heffron, Energy Law: An Introduction, Springer International Publishing 2015

Essential Reading / Recommended Reading

Rex J Zedalis, International Energy Law: Rules Governing Future Exploration, Exploitation and Use of Renewable Resources, Routledge 2016

Kim Talus, EU Energy and Policy OUP 2013

Thijs Van de Graaf, The Politics and Institutions of Global Energy Governance, Palgrave Macmillan 2015

Sajal Mathur, Trade, the WTO and Energy Security, Springer 2014

Eisen et al, Energy, Economics and the Environment, Foundation Press 2015

International Energy Law Review

Journal of Energy and Natural Resources Law

Energy Law Journal

The Journal of World Energy Law and Business

Journal of Energy Law and Resources

Texan Journal of Oil, Gas and Energy Law

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%

LAW686D - ECONOMICS OF INTERNATIONAL TRADE (2021 Batch)

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

Course Objectives/Course Description

 

Course Description:

For lawyers working in international trade law, having a good doctrinal knowledge of the relevant laws and regulations is no longer sufficient. To be a competent advisors to public policymakers and businesses, lawyers also need a thorough understanding of the economic activities that international trade laws govern.

This course will introduce the students to the relevant economic theory that will help them understand the economic logic underlying these laws. They will be competent to analyze these laws and policies through an economic approach (Welfare effects).

The course starts with the inquiry by analyzing the benefits of free trade (international trade theories). Later, it discusses the major risk sources that can potentially hinder international trade (free trade v protectionism).  On this basis, we examine how governments often try to manipulate trade in a variety of ways. They do this to achieve a wide array of economic, political, and diplomatic objectives (tariffs and non-tariff barriers, etc).

This course supplements the Students of international trade law to better understand the functioning of the globalized economy and the economic problems of society and businesses that participate in cross-border transactions.

Course Outcome

CO1: To identify the welfare effects of any trade policies

CO2: To analyze the benefits of free trade vs. Protectionism

CO3: To explain the different types of tariff and non-tariff barriers

CO4: Participate effectively in cross-border transactions

Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS OF INTERNATIONAL TRADE
 

Analytical tools of International Economics: Production Possibility frontier, community indifference curve. Why do Nations Trade? Origins of international trade: Classical and modern theories of International Trade- Absolute advantage, comparative advantage, Hecksher-Ohlin theorem, Leontief paradox, product life cycle theory, transaction cost theory, Currencies, and Exchange Rates

Unit-2
Teaching Hours:12
INTERNATIONAL TRADE AND ECONOMIC GROWTH
 

International Trade and economic development: traditional view, modern view, Free trade v Protectionism, Free Trade Vs Fair Trade, Terms of Trade, Factors affecting Terms of Trade, Dumping and its economic effects, Prebisch-Singer Thesis, Immiserising Growth-Jagdish Bhagwati.

Unit-3
Teaching Hours:12
GOVERNMENT REGULATION OF TRADE
 

Definition of Tariff, Tariffs and its welfare Effects, Non-Tariff Barriers and its welfare effects, Other Instruments of Trade Policy, EXIM Policy-Import Restrictions, Export Subsidies, Special Economic Zones.

Unit-4
Teaching Hours:12
BALANCE OF PAYMENT
 

Balance of Trade Vs BOP, Accounts in BOP, Disequilibrium in BOP and its effects, Measures to correct adverse BOP, Impact of devaluation on BOP, BOP Adjustment through Expenditure Policy

Unit-5
Teaching Hours:12
ECONOMIC INTEGRATION
 

The concept of Economic Integration, Levels of economic integration, Economic theories of regional integration: custom union, regional blocs. Globalization:  meaning, phases, globalization, Liberalization, and Regionalism.

Text Books And Reference Books:

Krugman, Obstfeld, Melitz. International Economics: Theory and Policy, 10th Edition, Addison Wesley 2012

Raj Kumar. International Economics 1stEditon, Excel Books, 2008

Robert Carbaugh, International Economics, 18th Edition, Cengage

 

Essential Reading / Recommended Reading

McLaren, John: International Trade, Wiley, 2012.

Feenstra, Robert and Alan Taylor: International Trade, 2nd edition, Worth Publishers, 2011.

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%

LAW686E - 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

 

DESCRIPTION

The stock market and the laws governing it are most sought after branch of law in legal studies. The new era of legal practice has born under securities law branch which is gaining pace. The course is set for undergraduate level hence, the Course aims towards providing working knowledge of the securities laws and related legal compliance procedures to the students. The Course consists of vital information that enables students in understanding and identifying legal issues and challenges in this branch of law. The course also brings in various contemporary topics in the syllabus which will prepare students to the most updated information in this branch. The course also aims to bring in multidimensional approach to the course by bringing other related laws into the syllabus like consumer protection, tax laws, and company law. We expect every student undergoing this course to have attained or achieved the knowledge, competencies, and understanding as described. In achieving these goals, each student must follow the School of Law rules and regulations.

 

COURSE OBJECTIVES:  In the growing global economy, India must also compete successfully for capital against large dynamic nations and well-developed capital markets. the world 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 comparative study across various jurisdictions with the objective of law reform and be instrumental in investor education as it relates to investor protection.

 

Course Outcome

1: Explain the concepts and legal principles that are instrumental in resolving the issues connected with the laws governing securities.

2: Examine the legal issues in the administration and regulation of securities in India.

3: Analyse the basics of the legal regime connected with securities legal framework in which they are functioning.

4: Critically evaluate the issues in administration, compliance, issue and regulation of SEBI, Stock Exchange.

5: Apply and critique the efficacy of legal compliances and legal regime in securities environment.

6: Apply the learned principles and legal knowledge in formulation and comprehension of legal issues included therein.

Unit-1
Teaching Hours:8
Module I 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 securities market. Powers of Central Government for control on securities market. Developed capital markets – International organization of securities commissions (IOSCO)

Unit-2
Teaching Hours:8
Module II Securities Market and Instruments
 

 

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

 

 
Unit-3
Teaching Hours:9
Module III 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:9
Module IV 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:8
Module V 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
Module VI 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. 

Unit-7
Teaching Hours:7
Module VII Investor Protection
 

Rights and responsibilities of investors, Common Grievances of Investors, Redressal of Investor Grievance, Legal framework for Investor Protection in India Investor Education and Protection Fun, SEBI (Investor Protection and Education Fund) Regulations, 2009.

Ombudsman, Investor Education, SEBI (Informal Guidance) Scheme, 2003

Unit-8
Teaching Hours:4
Modue VIII 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, 2018, Investment and Securities Markets in India.
  2. J. Kondaiah, Lexis Nexis, 2017, Securities Law
  3. Saha, Taxmann Publication, 2019, Capital market and Securities laws.
  4. Jain and Jain, Bharat Publications, 2018, Listing Obligations and Disclosure Requirements.
  5. Niti Bhasin, New Century Publications, 2012, Foreign Direct Investment In India.
  6. Khan. M. Y, Tata McGraw Hill Publication, 2019, Financial Services.
  7. Khan. M.Y., Indian Financial System, Tata McGraw Hill, 2019.
  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. Farrar, John, H. and Hanniyan, Brenda, Farrr's Comp any Law, (1998) Butterworths, London.
  2. Gupta, S.N., the Banking Law in Theory and Practice, (2018) Universal, New Delhi. Tannan, M.L., Tannan's Banking Law and Practice in India, (2019) India Law House, New Delhi.
  3. Ramaiya, A., Guide to the Companies Act, (2018) Wadhwa and Co., New Delhi.
  4. Bhandari, M.C., Guide to Company Law Procedures, (2019) Wadhwa and Co., New Delhi.
  5. Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999) Butterworths, London.
  6. PurithavathyPandian, Vikas Publishing House, Delhi .Security Analysis and Portfolio Management.
  7. Kucchal. S.C, Chaitanya publishing House, 21st ed. Corporate Finance.
  8. Shekhar. K.C. ShekarLekshmy, Vikas Publishing House, 20th ed, Banking theory and Practice.
  9. Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions.
  10. Mithani.D.M, Himalaya Publishing House, Money banking, International trade and Public Finance.
  11. Singh Preeti, Himalya Publishing House, Investment management.
  12. G.VijayragvanIyenger, Excel books, New Delhi, Introduction to Banking.
  13. Bholey. L. M, Financial Institutions and Markets.

 

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%

LAW751 - 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

 

This course starts with Unit 1 (Introduction to Administrative Law) which intends to give students an understanding of evolution and different theories of Administrative Law

Unit 2 (Delegated Legislation and Quasi Legislation) covers the vital aspect of reasons of delegated legislation and its types in democracy.

Unit 3 (Principles of Natural Justice) speaks about the significance of principles of natural justice to protect the rights of citizens from arbitrary exercise of administrative powers by authorities.

Unit 4 (Administrative Discretionary Powers) deals with the discretionary powers of administrative authorities and limits to exercise these powers.

Unit 5 (Judicial Review of Administrative Action and Remedies) deals with the role of judiciary in protecting the rights of citizens and how remedies will be provided against administrative actions of public authorities.

Unit 6 (Administrative Adjudication) deal with powers of administrative authorities to adjudicate disputes between the citizens and authorities by following the principles of natural justice.

Unit 7 (Maladministration & Alternative Remedies) gives an insight to the various alternative remedies like Lokpal and Lokayukta etc. to protect the citizens form maladministration of public authorities.

Unit 8 (Government as a Litigant) deals with Government as a litigant in civil and tortious cases and its liability under various statutes.

Course Objectives:

       To study the interface between an individual and the State due to radical change in the philosophy regarding the role and functions of the State(from laissez faire to welfare).

 

1.

To analyse the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise by administrative authorities. 

To examine the factors affecting legal rights granted to an individual by the law.

To evaluate the legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

 

Course Outcome

CO 1: Comprehend and explain the different concepts and legal issues related to Administrative Law.

CO 2: Critically examine the various reasons for increasing delegation of powers and its controls.

CO 3: Critically analyze the grievance mechanism for protecting the rights of citizens.

CO 4: Apply a range of legal principles and analyse the abuse of discretionary and delegated powers by the public authorities.

Unit-1
Teaching Hours:6
INTRODUCTION
 

Evolution, Nature and Scope of Administrative Law, Laissez-faire State, Social Welfare State, and Modern State, Comparative evolution, Definition, Nature and Scope, Relationship between Administrative Law and Constitutional Law. Classification of Functions, Doctrine of rule of Law, Doctrine of Separation of powers.

Unit-2
Teaching Hours:11
DELEGATED LEGISLATION AND QUASI LEGISLATION
 

Concept, Growth and Development, Classification, Comparative position in UK, USA and India, Excessive Delegation, Constitutional Limits, Control Mechanism.

Unit-3
Teaching Hours:12
NATURAL JUSTICE
 

Concept, Growth, nemo judex in causa sua, Rule against bias, audi alteram partem, 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
ADMINISTRATIVE DISCRETIONARY POWERS
 

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

Unit-5
Teaching Hours:10
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION
 

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:5
ADMINISTRATIVE ADJUDICATION
 

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:5
REMEDIES AGAINST ADMINISTRATIVE ACTION INCLUDING WRIT JURISDICTION
 

Concept and Need, Ombudsman, Ombudsman 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
MALADMINISTRATION & ALTERNATIVE REMEDIES
 

Development of the concept of state liability, tortious 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. Jain, M. P. Cases and Materials on Indian Administrative Law. Nagpur: Lexis Nexis, India.
  3. Basu, Durga Das. Administrative Law.
  4. Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).
  5. Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.
  6. Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.
  7. Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.
  8. Administrative Law - Leading Cases Materials & Q.A. – Ashok K.Jain
  9. Administrative Law - Prof. U.P.D.Kesari & Dr. Aditya Kesari
  10. Administrative Law – Dr. Kailash Rai

 

 

Essential Reading / Recommended Reading
  1. Upendra Baxi, Developments In Indian Administrative Law, Public Law in India, 1982.
  2. A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.
  3.  V.N. Shukla, Constitution of India, 2008.
  4.   M.P. Jain, Indian Constitutional Law, Lexis Nexis, 2018.
Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic/Group Activity                        – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW752 - PUBLIC INTERNATIONAL LAW (2020 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES: This course on the principles of public international law is offered to students of the seventh semester. The basic principles of international law are dealt with extensively in this course. The course aims to help students to understand the theory and practice of international law.

 

Course Outcome

CO1: Demonstrate comprehensive and accurate knowledge and understanding of those aspects of public international law which have been identified in the indicative syllabus above.

CO2: Demonstrate a sound knowledge and critical understanding of how international politics, international relations, and economics have influenced the formulation and development of public international law.

CO3: Demonstrate both sound knowledge and a critical understanding of enforcement mechanisms in public international law.

CO4: Critically 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.

CO6: Critically analyse, interpret, evaluate and synthesise information from a variety of sources.

Unit-1
Teaching Hours:6
INTRODUCTION TO INTERNATIONAL LAW
 

Definition, Nature, Relationship and Difference between Public International Law and Private International Law, Importance of International Law, Theory of Law of Nature, Theory of Positivism, True Basis of International Law, Theory of Consent, Theory of Auto Limitation, New trends.

Unit-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 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, the common heritage of mankind, and 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

New International Humanitarian Order

Text Books And Reference Books:

1.      Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012

2.      Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

3.      Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

4.      Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

5.      Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

6.      Shearer, I. A. Starke’s International Law. 11th ed. Eastern Book Co., 2007, Lucknow.

7.      Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

8.   Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

9.   Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.

10.  Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.

11.  Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.

12.  Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, Oxford.

13.  Oppenheim’s International Law, 9th ed. Longman, 1992.

Essential Reading / Recommended Reading

1.      Brownlie, Ian. Principles of Public International Law, by James Crawford, 8th ed. Oxford, 2012

2.      Venzke, How Interpretation makes International Law, 2013, Oxford University Press.

3.      Garcia-Salmones Rovira, Project of Positivism in International Law, 2014, Oxford University Press.

4.      Walter et al (eds.), Self Determination and Secession in International Law, 2014, Oxford University Press.

5.      Cassese, Antonio, International Law, 2nd ed. Oxford University Press.

6.      Shearer, I. A. Starke’s International Law. 11th ed. Eastern Book Co., 2007, Lucknow.

7.      Shaw, Malcolm N. International Law. 6th ed. Cambridge University Press, 2008, Cambridge.

8.   Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford University Press, 2006, Oxford.

9.   Dixon, Martin. Textbook on International Law. 6th ed. Oxford University Press, 2007, Oxford.

10.  Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.

11.  Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases and Materials. Oxford University Press, 2005, Oxford.

12.  Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005, Oxford.

13.  Oppenheim’s International Law, 9th ed. Longman, 1992.

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%

LAW763 - LAW OF INSURANCE (2020 Batch)

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

Course Objectives/Course Description

 

This course is designed to acquaint the students with the principles and practices of insurance law in India. It encompasses all the statutes relating to insurance and related judicial interpretation. The different kinds of insurance have been examined in detail in distinct modules. The course provides a detailed introduction to the concept of risk and insurance (Unit 1). The special legal principles upon which the entire concept of insurance rests have been discussed at length (Unit 2). The different classes of insurance have been meticulously discussed in the various modules. The formation of insurance contracts, insurance products as well as a number of issues regarding the settlement of claims with various classes of insurance are dealt (Unit 3-5). The regulatory framework of insurance business in India has been discussed in Unit 6. Reference is made to insurance law and practices in other jurisdictions where applicable.

Course Outcome

CO1: Describe the history, development, and growth of insurance sector in India

CO2: Demonstrate comprehensively the basic concepts of insurance and fundamental principles of insurance

CO3: Apply fundamental principles of insurance to given insurance situations and problems

CO4: Analyze various clauses and documents used in insurance contracts.

CO5: Explain the basic elements in life insurance, fire insurance, marine insurance

CO6: Analyze the challenges in health insurance, motor vehicle insurance sectors and other miscellaneous insurances

CO7 : Identify the authorities in the insurance sector of India, their working & functions

Unit-1
Teaching Hours:6
Introduction to Insurance
 

1. Concept of Risk and Insurance

a. Types of Risks, Insurable and Non-Insurable Risks

b. Perils and Hazard

2. History of Insurance industry in India- Nationalization, Entry of Private Players

3. Theories of Insurance

4. New Developments in the Indian Insurance Sector

Unit-2
Teaching Hours:12
General Principles of Insurance law
 

1. Essentials of Insurance Contract

a. Conclusion of insurance contract

b. Premium

2. Nature of Insurance Contract

3. Principles of Insurance

a. Insurable Interest

b. Good faith/Uberrima fides

c. Indemnity

d. Contribution

e. Subrogation

f. Causa Proxima

g. Mitigation of loss

4. Reinsurance

Unit-3
Teaching Hours:12
Life Insurance
 

1. Definition and nature of life insurance

a. Difference between life and other forms of insurance

b. Formation of life insurance contract and features (insurable interest, good faith)

2. Assignment

3. Nomination

4. Settlement of claims

5. Types of Life Insurance Products

Unit-4
Teaching Hours:12
General Insurance
 

1. Fire insurance

a. Nature and scope of fire insurance

b. Subject matter of fire insurance, Kinds of fire insurance policies

c. Fire perils

d. Assignment of policies

e. Doctrine of Re- instatement, Contribution, Subrogation

f. Settlement of Claims

2. Marine Insurance

a. Nature and Scope, Legal framework, Subject matter of Marine Insurance

b. Maritime perils

c. Essentials of Marine insurance Contract

d. Procedure for effecting Marine Insurance

e. Classification of Marine Insurance policies

g. Warranties

h. Voyage deviation/ delay

i. Marine losses

Unit-5
Teaching Hours:12
Miscellaneous Insurance
 

1. Motor Vehicle Insurance against third party risks and claims arising Thereof

2. Health Insurance

3. Liability Insurance

4. War risk insurance, Burglary Insurance, Crop Insurance, Social Insurance

Unit-6
Teaching Hours:6
Regulatory Authorities
 

1. Insurance Regulatory & Development Authority

 

2. Tariff Advisory Committee

 

3. Ombudsman

 

4.Insurance Agents and Insurance Intermediaries 

5.Registration of Insurance companies, renewal, suspension, Regulations- Investment norms,Advertisements & disclosures

Text Books And Reference Books:

1. Murthy, K. S. N. and K. V. S. Sarma. Modern Law of Insurance in India. 5 th ed. New Delhi: LexisNexis, 2014

2. Rastogi, Sachin, Insurance: Law and Principles, 1st edition: LexisNexis, 2014

3. Taxmann’ s Guide to Insurance Act as amended by Insurance Laws (Amendment) Act 2015

 

4. MN Srinivasan and K Kannan, Principles of Insurance Law, Tenth Edition 2017

Essential Reading / Recommended Reading

Supreme Court On Insurance And Insurance Consumer Cases (Surendra Malik) 1st Edition 2022 (Eastern Book Company)

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

10%

25%

10%

50%

5%

LAW764 - 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 the Banking Regulation Act. Unit 3 has discussions on the banker customer relation and obligations while opening a bank account. Unit 4 deals with various banking operation carried out by a banking institution. Unit 5 elaborates on legal obligations of banker and customer while securing bank loans and bank guarantee as well as debt recovery proceedings. Unit 6 brings out the issues in legal aspects of e-banking. The course aims to:

 

1.      Familiarize students with the principles, concepts, and laws applicable to the banking sector

 

2.      Discuss and analyze the historical aspects of banking regulation, and policy in the working of the banking sector.

 

3.      Acquaint the students with the existing and emerging legal issues in banker-customer relationship related to different types of bank accounts.

 

4.      Discuss the rules and principles applicable for securing loans, bank guarantee and banking operations.

 

5.      Debate on the efficacy of the laws relating to the recovery of debts due to banks and financial institutions.

      6.   Familiarize students with the issues brought about by technology in cases of e-banking.

Course Outcome

CO 1: Identify the laws, principles, and concepts applicable in relation to disputes involving banking companies

CO 2: Understand the historical evolution of banking laws

CO 3 : Solve legal issues arising out of the disputes between banker-customer relationship from different types of bank accounts

CO 4: Apply the laws, rules, and policies for securing loans, advances, issuing bank guarantee, and related banking operations.

CO 5: Draft arguments in matters covering debt recovery by banks and financial institutions.

CO 6: Evaluate the applicability of laws and principles for e-banking operations.

Unit-1
Teaching Hours:6
INTRODUCTION
 

Evolution of banking institutions, services of banks , Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role , functions of the Reserve Bank of India ,RBI and commercial banks

Unit-2
Teaching Hours:8
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
NATURE OF BANKER-CUSTOMER RELATIONSHIP AND KINDS OF BANK ACCOUNTS
 

 

Definitions of banker and customer – General relation between banker and customer – special features of the relationship; duty of confidentiality, statutory obligations on banks in India – banker’s general lien – banker obligation, Unremunerative accounts – Law of limitation and despots. Opening of new accounts – special types of customers: minors – married women – husband and wife – joint stock companies, HUF, Precautions to be taken in opening accounts – opening of partnership accounts – handling of companies accounts, joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship – nomination – power to overdraw.

Unit-4
Teaching Hours:15
BANKING OPERATIONS
 

 

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or time deposits –savings deposits – current deposits- attachment of deposits by Income Tax Authorities. Negotiable instruments and their characteristics, 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
BORROWING
 

 

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
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. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.
  2. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.
  3. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
  4. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.
  5. Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.
Evaluation Pattern

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

·       CIA II – Mid Semester Examination                                 – 25%

·       CIA III – Research Topic                                                     – 10%

·       Attendance                                                                            – 05%

·       End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW785A - LAW OF TRADEMARKS (2020 Batch)

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

Course Objectives/Course Description

 

Law of Trademarks will orient students with an international regime for the protection of Trademarks and its due observance in national legislations. It will help to know the scope and ambit of domestic legislations and principles underlined therein. This course will develop critical thinking and will reflect upon new jurisprudence evolved by the Indian judiciary in relation to Trademarks. A comprehensive understanding of Law of Trademarks can serve as a sound foundation for further development of the knowledge.

Course Outcome

CO1: Identify and describe the basic requirement of trademarks protection

CO2: List out the rights enjoyed by trademarks owners.

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

CO4: Analyse the principles related to infringement of trademarks and passing off.

CO5: Analyse the principles related to infringement of trademarks and passing off.

CO6: Propose a solution to the existing problems of trademarks law in India.

Unit-1
Teaching Hours:8
INTRODUCTION
 

Trademark as property: philosophical perspective – Economic perspective of trademark law: market for trademarked goods and market in languages – Functions of trademark law: source identifying, communication and advertising function – Definition of marks and trademarks: graphical representation and distinctiveness – Protection of non-conventional marks: colour, sound, olfactory and smell marks –Types of trademarks: service marks, collective marks, certification marks and well-known marks.

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

Paris Convention for the Protection of Industrial Property, 1883: well-known marks, collective marks and matters excluded from protection – TRIPS, 1995: protectable subject matter, rights conferred, terms of protection, licensing and assignment – Madrid System for International Registration of Marks: Madrid Agreement concerning the International Registration of Marks, 1891, Protocol relating to the Madrid Agreement, 1989, basic registration and basic application, office of origin, designation and subsequent designation, procedure for registration, filing of international application in India – Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957 – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973

Unit-3
Teaching Hours:12
REGISTRATION OF TRADEMARKS
 

Conditions for registration of trademarks – Grounds for refusal of registration: absolute grounds, distinctiveness, arbitrary, suggestive, descriptive/laudatory, generic marks, secondary meaning, blasphemous or obscene words, marks likely to hurt religious feelings, functional marks, relative grounds, deceptive similarity, protection of well-known marks in India – Doctrine of honest concurrent use – Procedure for registration of trademark: duration of protection, grounds of opposition, changes brought by the amendment of 2017, forms and fees.

Unit-4
Teaching Hours:10
ASSIGNMENT, TRANSMISSION AND LICENSING OF TRADE MARKS
 

Assignability and transmissibility of registered and unregistered trademarks with or without goodwill – Conditions and restrictions on transmission of trademarks – Trademark licensing: permitted use, registered users, registration as registered users, variation or cancellation of registration as registered users, forms and fees for transmission of trademarks – Types of trademarks licensing: franchising, merchandising, brand extension, co-branding, component or ingredient branding – Drafting a licensing agreement: preliminary clauses, extent of rights, commercial and financial considerations, responsibilities of parties, termination issues – Quality control in trademark licensing: naked licensing, consequences of absence of quality control.

Unit-5
Teaching Hours:12
INFRINGEMENT OF RIGHTS AND REMEDIES
 

Doctrine of passing off: classic trinity test, application of passing off in India – Infringement of registered trademark: persons entitled to sue for infringement, what constitutes infringement of trademark – Differences between passing off action and action for infringement of registered trademark – Deceptive similarity: tests for determination of confusion of marks – Infringement of well known marks: dilution doctrine, transborder reputation – Defenses in infringement suit: non-infringing acts – Remedies for infringement: injunctions, offences and penalties.

Unit-6
Teaching Hours:8
CONTEMPORARY ISSUES
 

Domain name protection in law of trademarks: cybersquatting, passing off – Parallel import under Trademarks Act, 1999 – Comparative advertisement and trademark infringement: disparagement of competitor’s goods – Protection of fluid trademarks – Trademark and internet: jurisdiction and enforcement in online trademark disputes – Overlapping protection between trademarks and other forms of intellectual property.

Text Books And Reference Books:

1.Eashan Ghosh, Imperfect Recollections: The Indian Supreme Court on Trade Mark Law, 1st Edition, Thomson Reuters (2020);

2.Irene Calboli and Jane C. Ginsburg, The Cambridge Handbook of International and Comparative Trademark Law, 1st Edition, Cambridge University Press (2020);

3.Tim W. Dornis, Trademark and Unfair Competition Conflicts: Historical Comparative, Doctrinal, and Economic Perspectives, 1st Edition, 2017, Cambridge University Press (2017);

4.Nicholas Caddick QC and Ben Longstaff, A User's Guide to Trade Marks and Passing Off, 1st Edition, Bloomsbury (2015);

5.Ashwani Kumar Bansal, Law of Trademarks in India, 3rd ed., Thomson Reuters (2014);

6.Andrew T. Kenyon, Megan Richardson and Wee Loon Ng-Loy, The Law of Reputation and Brands in the Asia Pacific, 1st edition, Cambridge University Press (2012);

7.Teresa da Silva Lopes and Paul Duguid, Trademarks, Brands and Competitiveness, 1st Edition, Routledge (2010);

8.Lionel Bently, Jennifer Davis and Jane C. Ginsburg, Trade Marks and Brands: An Interdisciplinary Critique, 1st Edition, Cambridge University Press (2008);

9.Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

10.Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005).

Essential Reading / Recommended Reading

1.Eashan Ghosh, Imperfect Recollections: The Indian Supreme Court on Trade Mark Law, 1st Edition, Thomson Reuters (2020);

2.Irene Calboli and Jane C. Ginsburg, The Cambridge Handbook of International and Comparative Trademark Law, 1st Edition, Cambridge University Press (2020);

3.Tim W. Dornis, Trademark and Unfair Competition Conflicts: Historical Comparative, Doctrinal, and Economic Perspectives, 1st Edition, 2017, Cambridge University Press (2017);

4.Nicholas Caddick QC and Ben Longstaff, A User's Guide to Trade Marks and Passing Off, 1st Edition, Bloomsbury (2015);

5.Ashwani Kumar Bansal, Law of Trademarks in India, 3rd ed., Thomson Reuters (2014);

6.Andrew T. Kenyon, Megan Richardson and Wee Loon Ng-Loy, The Law of Reputation and Brands in the Asia Pacific, 1st edition, Cambridge University Press (2012);

7.Teresa da Silva Lopes and Paul Duguid, Trademarks, Brands and Competitiveness, 1st Edition, Routledge (2010);

8.Lionel Bently, Jennifer Davis and Jane C. Ginsburg, Trade Marks and Brands: An Interdisciplinary Critique, 1st Edition, Cambridge University Press (2008);

9.Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

10.Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005).

Evaluation Pattern

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

CIA II – Mid Semester Examination                 – 25% 

CIA III – Research Topic                                 – 10% 

Attendance                                                    – 05% 

End Semester Examination                              – 50% 

TOTAL                                                             100%

 

LAW785B - COMPARATIVE CONSTITUTIONAL LAW (2020 Batch)

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

Course Objectives/Course Description

 

The course provides an understanding of comparative constitutional law and it's significance. Unit 1 deals with forms of government, i.e. parliamentary and presidential, prevailing in USA, UK and France and its comparision with India. Unit 2 traces the evolution and development of civil rights; discusses it's status in UK, USA and France and compares with India. Unit 3 deliberates on organisation of Judiciary, judicial process and the power of judicial review in USA, UK and France in comparision with India. Unit 4 discusses the organization of legislative and executive powers in USA, UK and France and compares with India.

Objectives:

1.      To offer an understanding of the significance of comparative constitutional law;

2.      To provide a comparative study and analysis of the forms of Government; organization of Legislature, Executive and Judiciary and their powers with reference to Indian polity.

3.      To providing an understanding of the evolution of ‘Rights’ in three major democracies and their impact on the concept of ‘right’ in India.

4.      To explain the working of judiciary in USA, UK, France and provide a comparative perspective with reference to Indian judiciary

5.      To interpret the power of judicial review

6.      To offer a critical insight into theory and working of the government

Course Outcome

CO1: Analyze the forms and constitutional foundation of the governments in major democracies.

CO2: Compare and evaluate the Indian constitutional system with three major constitutional democracies.

CO3: Compare the working of the judiciary and judicial process in India with three major constitutional democracies.

CO4: Demonstrate an understanding of the growth of the concept of Right across democracies.

CO5: Explain and compare the law making process in India.

CO6: Construct a theory of government.

Unit-1
Teaching Hours:15
FORMS OF GOVERNMENT
 

Presidential and parliamentary form - Government under USA constitution - Government under  French Constitution  -  Nature of government in U.K -  Comparison with the  government in India

Unit-2
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHTS
 

Evolution of Rights of in U.K, USA and France - Status of the rights in U.K -Status of the rights in USA - : Status of the rights in France - Comparison with the status of Rights in India

Unit-3
Teaching Hours:15
JUDICIAL PROCESS AND REVIEW
 

Organization of the Judiciary inU.K, USA and France - Judicial review – evolution and implementation - Evolution of Tribunals - Separation of Judiciary from the executive and legislature - Comparison with the Indian System

Unit-4
Teaching Hours:15
ORGANIZATION OF LEGISLATIVE AND EXECUTIVE POWERS
 

Distribution of legislative powers - Extent of Executive power -:  emergency powers - Resolution of Conflicts - Law making process in U.K, USA and France in comparison with India

Text Books And Reference Books:

The Oxford Handbook of Comparative Constitutional Law Edited by Michel Rosenfeld and András Sajó

Indian Constitutional Law by M. P. Jain

Comparative Constitutional law by D. D. Basu

Modern Political Constitutions by C. F. Strong

The Law and the Constitution by Sir Ivor Jennings

Constitutional Law by Wade &Bradley

The Study of the Law of the Constitution by A. V. Dicey

Essential Reading / Recommended Reading

1.      K.C.Wheare, Modern Constitutions.

2.      Dauglus W.O, Studies in Indian and American Constitutional Law.

3.      A.V.Dicey, Introduction to the Study of Constitution.

4.      Rotunda and Nowak, Treatise on American Constitution.

5.      Bernad Schwartz Commentary on American Constitution

6.      E.S.Venkataramaiah, Federalism Comparative Study

7.      Mason and Beany, American Constitutional law

8.      Rodney Brazier, Constitutional Practice.

9.      Godfrey and Blondel, The French Constitution and Government.

10.  Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

11.  Vicki C. Jackson, Mark V. HYPERLINK "http://www.google.co.in/search?tbo=p&tbm=bks&q=inauthor:%22Mark+V.+Tushnet%22"Tushnet, Comparative Constitutional Law

12. BhagwanVishnoo, BhushanVidya, World Constitutions

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%

LAW785C - 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: 

  • To understand the importance of mergers and acquisitions in the terms of the company’s existence.
  • To analyze mergers and acquisitions of various types. 
  • To Evaluate the issues involved in takeover process and identify areas of reform
  • To identify and assess the legal issues in a realistic M&A context. 

 

Course Outcome

On completion of UNIT 1, students will be able to explain the   meaning, nature, object of law of M&A and also clarify the distinction between various business terms associated with M&A. UNIT 2 will enrich the students, the Indian statues having bearing on M&A. It will also cover the statutory basis of different routes in M&A and the role of Regulatory agencies. UNIT  3 will help the students  to understand  the implications in sale of undertaking  with the help of decided cases. UNIT 4 will help the students to understand the procedural and substantive law applications of Mergers. Concept of arrangement and the need to obtain the consent of Creditors and members is discussed in detail in this unit. On completion of UNIT 5 students will be able to understand the   reasons for special treatment to banking companies, distinguish between the law and procedure of banking companies  and the  other companies. On completion of UNIT 6 students will be able to understand the   law and procedure of share acquisition of companies under the Companies Act,2013. It also enable them to know the distinction between the share acquisition in Companies Act and under the SEBI takeover Regulations. UNIT 7 aims to provide the requisite practical knowledge on take over regulations in India. It focus on the requirement of voluntary and compulsory disclosures during share acquisition and at the time of acquisition of voting rights. UNIT 8 aims to provide the restrictions imposed by Competition Act, 2002 in approving certain mergers exceeding turn over and assets. 

 

 

 

 

 

Unit-1
Teaching Hours:6
INTRODUCTION TO THE LAW OF M&A
 

Concepts in   M&A- Categories of M&A-  Causes and Consequences of M&A

Unit-2
Teaching Hours:6
MERGERS, TAKEOVERS AND RESTRUCTURING ROUTES- INDIAN SCENARIO
 

Provisions of the Companies Act, SEBI Act, Competition Act and other statutes-  Routes of M&A- Regulatory authorities of M&A

Unit-3
Teaching Hours:12
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:10
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:9
SHARE ACQUISITIONS OF UNLISTED PUBLIC COMPANIES AND LISTED PUBLIC COMPANIES IN INDIA
 

Share acquisition of unlisted Public Companies- Who can invoke the provision?  Squeezing out the minority – when and how-Requirements for invoking the provision – procedural and substantive law aspects – The price – procedure for transfer of the shares of the dissenting minority-Remedies available to the dissenting shareholders-Scope of judicial review. History of Takeover Regulations in India-Takeover Regulation,1997 –Definitions – Compared with SEBI(SAST) 2011. Threshold limits – non-Compete fee –Directors Duties in Takeovers- Due Diligence- UK Takeover code.

 

Unit-6
Teaching Hours:5
COMPETITION LAW ISSUES IN MERGERS and ACQUISITIONS
 

Competition Act, 2002- pre-notification of M&A Transactions to competition commission beyond certain threshold limits. Combinations Regulations- Dominant position and   role of CCI.

Unit-7
Teaching Hours:11
TAXATION ISSUES IN MERGERS AND ACQUISITIONS
 

Income Tax Act,1961 and taxation of different mergers and acquisitions   transactions- Merger, demerger, Asset Sale and Slump Sale- Share Sale and capital gains.

Applicability of Goods and services Tax Act in transfer of shares during M&A-Tax/exemption on transfer of shares: -Tax Withholding-Distinction between tax impact on resident or non-resident acquirer -Asset- -Entire business- valuation of tangible and intangible assets; mode of computation of profits on slump sale --Individual assets --Cost of asset and depreciation-Merger-Demerger --Issues when the one company is not in India--Issues when both companies are non-resident but Indian assets involved. -Others-Treatment of accumulated tax losses. Indirect transfer rules in India (as introduced by Finance Act, 2012 with retrospective effect).

Unit-8
Teaching Hours:6
IPR ISSUES IN MERGERS AND ACQUISITIONS
 

IP valuation in M&A, IP due diligence in M&A, Data Protection in M&A, Assignment of IPR rights in M&A and Change of Control.

Difference between IP Driven M&A and IP transfer in the course of M&A-Importance of understanding and coordination between M&A Counsel and IP Counsel -Documentation -Type of Ips available -Own vs assigned-Change of control -Pending Disputes-Right of employees-Issues related to data protection and privacy during M&A

Text Books And Reference Books:

1.      Weign Berg & Blank Takeovers and Mergers (2010) Ed., Part-1, Definitions. Pp6 -29

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.      Michel C.Jenson , “ Takeovers : Their Causes and Consequences” 2 Journal of Economic Perspectives 21-48(1988).

4.       Ronald Daniels , “ Stakeholders and Takeovers: Can contractarianism be compassionate”.  43 University of Toronto Law Journals315-351(1993)

5.       Sayan,  “ Types of synergy  and economic value :  The Impact of  Acquisition  on  Merging and Rival firms”  7 Strategic  Management Journal  119 ( 1986)

6.       Peter A Hunt, Structuring Mergers and Acquisitions.

7.       Mergers and Acquisitions: Cases, Materials and Problems. Wolter Kluwer(Aspen )

8.       Athanasious  Kouloridas, ‘  The Law and Economics  of takeovers – Contemporary studies in  Corporate Law’ Hart Publishing,( 2008)

9.      Richard A .Posner, “The Social Cost of monopoly and Regulation”  83  Journal of Political Economy  807 ( 1975). ‘Fundamental Corporate Changes, Minority shareholders and  Business Purposes’.  5 American  Bar Foundation Research Journal  69 ( 1989)

10.  Ken. T. Van den berg , “Approval of  take-out mergers  by minority shareholders : From substantive to procedural fairness”  93 Yale Law Journal  1113( 1984)

11.  Shishir Vayattaden, SEBI(Substantial Acquisition of Shares and Takeovers) 1997 –commentaries

12.  Brudney  and Chirelstein , ‘ Fair shares in corporate Mergers and Takeovers’ 88 Harv.L.Rev 297( 1974)

13.  Edward   F.Greene, and James   J. Junewicz, ‘   A Reappraisal of Current Regulation of Mergers and Acquisitions” 132 University of Pennsylvania Law Review  647( 1984).

14.  Robert R.  Pennington, ‘Takeover Bids in the United Kingdom’ 17 American Journal of Comparative Law 159( 1969) .

1515.   C.  Bradely , “ Corporate Control: Market and Rules” ( 1990) 53 Modern Law Review  170

16. H. Manne , “ Mergers and the market for corporate Control” ( 1965) 73  Journal of Political economy  110

Essential Reading / Recommended Reading

Weign Berg & Blank Takeovers and Mergers (2010) Ed., Part-1, Definitions. Pp6 -29

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.      Michel C.Jenson , “ Takeovers : Their Causes and Consequences” 2 Journal of Economic Perspectives 21-48(1988).

4.       Ronald Daniels , “ Stakeholders and Takeovers: Can contractarianism be compassionate”.  43 University of Toronto Law Journals315-351(1993)

5.       Sayan,  “ Types of synergy  and economic value :  The Impact of  Acquisition  on  Merging and Rival firms”  7 Strategic  Management Journal  119 ( 1986)

6.       Peter A Hunt, Structuring Mergers and Acquisitions.

7.       Mergers and Acquisitions: Cases, Materials and Problems. Wolter Kluwer(Aspen )

8.       Athanasious  Kouloridas, ‘  The Law and Economics  of takeovers – Contemporary studies in  Corporate Law’ Hart Publishing,( 2008)

9.      Richard A .Posner, “The Social Cost of monopoly and Regulation”  83  Journal of Political Economy  807 ( 1975). ‘Fundamental Corporate Changes, Minority shareholders and  Business Purposes’.  5 American  Bar Foundation Research Journal  69 ( 1989)

10.  Ken. T. Van den berg , “Approval of  take-out mergers  by minority shareholders : From substantive to procedural fairness”  93 Yale Law Journal  1113( 1984)

11.  Shishir Vayattaden, SEBI(Substantial Acquisition of Shares and Takeovers) 1997 –commentaries

12.  Brudney  and Chirelstein , ‘ Fair shares in corporate Mergers and Takeovers’ 88 Harv.L.Rev 297( 1974)

13.  Edward   F.Greene, and James   J. Junewicz, ‘   A Reappraisal of Current Regulation of Mergers and Acquisitions” 132 University of Pennsylvania Law Review  647( 1984).

14.  Robert R.  Pennington, ‘Takeover Bids in the United Kingdom’ 17 American Journal of Comparative Law 159( 1969) .

1515.   C.  Bradely , “ Corporate Control: Market and Rules” ( 1990) 53 Modern Law Review  170

16. H. Manne , “ Mergers and the market for corporate Control” ( 1965) 73  Journal of Political economy  110

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%

LAW785D - EARTH JUSTICE- DEVELOPING A NEW JURISPRUDENCE (2020 Batch)

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

Course Objectives/Course Description

 
 

COURSE DESCRIPTION:

‘The poetry of earth is never dead’

On the Grasshopper and Cricket, John Keats

Laws that protect the environment have always taken an anthropocentric approach and this has led to a situation wherein the environment is protected for humans and not for its own sake. While there has been a notable change in the conceptualisation of rights and an added importance been meted out to duties, times have changed in so far as extending such moral rights to entities beyond humans are concerned. The earlier notion that only humans need be considered- or are the only worthy component, has been challenged. It has been highlighted that there is no need to consider them as separate; but rather they form one part of a larger community. Thus, by extending this concept of intrinsic value, ethical and moral rights are provided to all entities. This course aims to deal with the much-needed shift from an anthropocentric approach to a more desirable approach- an eco-centric one.  This is in line with the Sustainable Development Goal 12.8 which lays down that by 2030, we should ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature.

COURSE OBJECTIVES

1.     To enable an understanding of the theories of environmental governance which shapes policies and legal systems around the world.

2.     To initiate debate among students as regards the very basis of environmental law as we know of and help them achieve a better understanding of how environmental law should be.

3.     To enable the students to appreciate and understand the different legal and policy initiatives which foster an eco-centric approach and the challenges that need be overcome to make it a reality.

4.     To foster a critical approach and to develop creative thinking in students in order to help them deconstruct the current environmental legal regime and propose a change towards attaining an Earth-centric approach- Earth Justice.

5.     To provide a roadmap to achieve Goal 12.8 of the Sustainable Development Goals.

Course Outcome

CO 1: Critically analyze the existing environmental legal regime and identify the shortcomings of an anthropocentric approach.

CO 2: Evaluate the difference between anthropocentric and eco-centric approaches.

CO 3: Apply legal theories to the natural world, thereby creating an extension of environmental, constitutional, human rights law and international law, and Earth Jurisprudence.

CO 4: Develop earth-advocacy skills by considering ethical, moral and legal rights of all life-forms and other entities and be an Earth Lawyer.

CO5: Identify a roadmap towards achieving Goal 12.8 of the Sustainable Development Goals.

Unit-1
Teaching Hours:12
Does Nature have Rights? An Introduction
 

 

Learning Outcome: This Unit aims at putting across the basic problems that plague the environmental legal regime, the wrong approach they take, and the reason as to why they fail. On completion, the student will be able to identify the need, the necessity and the rationale for a revamped legal system.

1.     Introduction

a.      Conceptualization- Issues - Why do environmental laws fail?

b.     Need for an Ethical Framework of Law

c.      Foundational basis of People over Nature, Instrumental value

2.     Conceptualizing Standing

a.      Legal basis

b.     Extension of Standing

 

c.      Judicial Interventions, PIL

Unit-2
Teaching Hours:8
Environmental Ethics
 

Learning Outcome: This Unit aims at making the student aware of various theories that detail environmental ethics. The student will be able to distinguish the anthropocentric and eco-centric approaches after completion of this Unit. The Unit will also help them chalk a route map towards a new environmental ethic. 

1.     Environmental Ethics

a.      Schools and Theories

b.     Anthropocentrism and Eco-centrism

c.      Disenchantment and Re-enchantment

d.     Social Ecology

2. Future of Environmental Ethics

Unit-3
Teaching Hours:8
Deep Ecology and Wild Law
 

Learning Outcome: This Unit helps the student understand the Intrinsic Value recognition concept by placing thrust on the ideals of Deep Ecology and Wild Law. The student will, after completion of this unit, be able to realise the need for a legal recognition that need be given to non-human entities, based on their intrinsic value

 

1.     Deep Ecology

a.      Conceptualization,

b.     Consideration of Non-human entities,

c.      Intrinsic value recognition- ecosystem services,

d.     commodification of nature,

e.       Teachings of Arne Naess- Ecosophy

2.     Wild Law

a.      Conceptualization

b.     Consideration of entities in the wild,

c.      Works of Cormac Cullinan

Unit-4
Teaching Hours:16
Earth Jurisprudence: Internalizing Principles into Mainstream Law
 

This Unit helps the student learn about the various legal, policy and related changes that have been initiated in various jurisdictions and how they have been implemented. The student will be able to identify the challenges, the methods used to overcome those challenges and the ways in which such rights are implemented in various jurisdictions across the world. 

1.     Earth Law

a.      Shaping and creating a New Legal Order

b.     Concretization of an idea

c.      Teachings of Thomas Berry

d.     Principles of Environment Justice

e.      International developments

2.     Rights- based laws

a.      Local, State, national and International levels

b.     Implementing Rights of Nature

c.      UN Initiatives

Unit-5
Teaching Hours:8
Community Nature Symbiosis & Spiritual and Religious Initiatives
 

Learning Outcome: After successful completion of this unit, the student will be able to identify various traditions and customs, that promote an eco-centric approach, and ways in which those have been/can be imbibed into the legal system or given legal recognition. The student will also be able to identify challenges that the legal system face and propose solutions.

 

1.     Environmental Justice

a.      Eco-feminism

b.     Indigenous people and sustainable practices

c.      Religious initiatives

d.     Imbibing such steps into the legal system

Unit-6
Teaching Hours:8
Advancement Of Rights Of Nature & Implementing Earth Jurisprudence
 

Learning Outcome: After completion of this Unit, the student will be able to catalogue the rights of nature and identify newer avenues and methods to foster this line of jurisprudence. The student will learn about the need to treat ecocide as a crime against humanity and the legal challenges to recognising the same. They will also be able to identify ways to reform the law, both internationally as well as nationally. 

 

1.     Cataloguing Rights of Nature-

2.     Ecocide – New Definition- Committee

3.     ICC

4.     Harmony with Nature- RoN Tribunals

5.     Way Forward- Law Reform

Text Books And Reference Books:

1.     Christopher Stone, Should Trees Have Standing? Law, Morality, and the Environment, Oxford University Press, London, 2010.

2.     Cormac Cullinan, Wild Law: A Manifesto for Earth Justice, Chelsea Green Publishing, Vermont, 2011.

3.     David Boyd, The Rights of Nature: A Legal Revolution that could save the world, ECW, 2017.

4.     Manjeri Subin Sunder Raj, Earth Justice: Developing a New Jurisprudence, Thomson Reuters, Legal, Thomson Reuters South Asia Private Limited, 2019.

5.     Report of the United Nations Secretary General, Harmony with Nature, July 2020, available at https://undocs.org/en/A/75/266

6.     Supplementary report 2020, United Nations Secretary General, Harmony with Nature, available at http://files.harmonywithnatureun.org/uploads/upload1019.pdf.

7. Sustainable Development: Harmony with Nature, UN report, Dec 2019, available at https://undocs.org/en/A/RES/74/224 

Essential Reading / Recommended Reading

1.     Karnail Singh and others v. State of Haryana, CRR-533-2013, decided on 31/05/2019

2.     Lalit Miglani v. State of Uttarakhand and Ors, WP (PIL) No. 140 of 2015.

3.     State of Uttarakhand and Ors. v. Mohammed Salim and Ors., Petition to Special Leave to Appeal No. 016879/2017.

4.     Mohammed Salim v. The State of Uttarkhand Writ Petition (PIL) No.126 of 2014.

5.     Narayan Dutt Bhat v. UOI Writ Petition (PIL) No. 43 of 2014, decided on 04/07/18.

6.     Suo Motu v. Chandigarh Administration, CWP 18253/2009 decided on 02/03/2020

7.     Peter Burdon (Ed.), Exploring Wild Law, The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

8.     Cormac Cullinan, A History of Wild Law, in Peter Burdon (Ed.), Exploring Wild Law- The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation         – 10%
  • CIA II – Mid Semester Examination                          – 25%
  • CIA III – Research Topic/Presentation                       – 10%
  • Attendance                                                                  – 05%
  • End Semester Examination                                        – 50%

                                                                                                  TOTAL 100%

LAW785E - 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.

Course Outcome

CO 1: Identify the Laws and Rules related to real estate and infrastructure development in India.

CO 2: Review the relationship between land acquisition and real estate-infrastructure development.

CO 3: Relate to the welfare needs of the labourers in the sectors.

CO 4: Analyse the socio-economic and political turmoil related to infrastructure development.

CO 5: Formulate one?s own response to the needs of all stakeholders in real estate and infrastructure development.

CO 6: Evaluate the laws, plans and policies related to real estate and infrastructure development sectors in the country.

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 JUDGEMENT (Neelkamal Realtors Suburban Pvt. Ltd. and Anr Vs. Union of India and Ors)
 

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. 

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.

 

7.UNIDO. (1996). Guidelines for infrastructure development through Build-Operate- Transfer (BOT) projects. Vienna: UNIDO.

 

8.Walker, C., and Smith, A. J. (1995). Privatized infrastructure: the Build Operate Transfer approach. London: Thomas Telford.

Essential Reading / Recommended Reading

1.Yescombe, E. R. (2002). Principles of Project Finance. California: Academic Press.

 

2.Kurowski, L., and Sussman, D. (2011). Investment project design - A guide to financial and economic analysis with constraints. New Jersey: John Wiley and Sons.

 

3.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.

 

4.Weber, B., and Alfen, H. W. (2010). Infrastructure as an asset class – Investment strategies, project finance and PPP. West Sussex: John Wiley and Sons.

 

5.Tenth Report of the Law Commission of India: Report on the Law of  Acquisition and Requisitioning of Land, 1958. 

 

6.Real Estate (Regulation and Development) Act, 2016.

 

7.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                      25%

·         CIA III – Research Topic                                                         10%

·         Attendance                                                                                 05%

·         End Semester Examination                                                     50%

                                                                                                    TOTAL 100%

LAW786A - MEDIA LAW (2020 Batch)

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

Course Objectives/Course Description

 

 

Media often referred to as the fourth estate plays an important role in creating and molding public opinion and strengthening of society. A free and an independent press is a sine qua non in a democratic form of government. It acts as a watch dog and maintains checks and balances the relationship between the State and its citizens. The study of media law is very important for students of law as it gives them an insight into the legal, ethical and regulatory framework governing media in India. With the developments in the field of information and communication technologies many issues and challenges are coming to the fore. The course is designed to give an insight into the various facets of media and examines the legal and regulatory framework governing media in India. The course also focuses on the contemporary developments in the field and delves into the issues and challenges posed thereto. Ethics of the press and journalistic integrity will also be dealt with.

Mass communication from the days of printing press has played a very important role in the formation of public opinion. Advancement in science and technology has changed the scope and dimensions of mass communication. ICT has created digital era for us. While there are definite benefits from these technologies, the experience shows that these technologies can be abused to harm the interests of the society. The course aims to provide basic understating of the evolution and existence of various facets of media and the legal regime in place to regulate its content and matters incidental to it. 

Course Outcome

CO1: Analyse the general concept of media and comprehend the significance of media from historical perspective of freedom of speech and expression.

CO2: Identify and analyse the existing regulation on broadcasting media in India along with the aspects of censorship.

CO3: Describe the issues related to freedom press vs. individuals reputation, freedom of speech vs sedition, blasphemy and hate speech.

CO4: Analyse the nature, categories and consequences of invasion of right to privacy.

CO5: Evaluate the existing regulation of social media in India.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Unit-3
Teaching Hours:10
PROTECTION OF REPUTATION
 

1. Defamation – IPC Sec. 499 with exceptions,

2. Libel and Slander,

3. Hate Speech,

4. Blasphemy,

5. Sedition

Unit-4
Teaching Hours:10
MEDIA AND PRIVACY
 

1. Obscenity and Pornography -IPC s. 292-294,

2. Tests to determine pornography,

3. Privacy law in India, Photo Journalism, Investigative Journalism, Sting Operations,

4. Cyber Privacy- Data protection in cyber space, Right to privacy v. Right to information, 

Unit-5
Teaching Hours:10
REGULATION OF SOCIAL MEDIA
 

1. Internet as a platform of free speech, Content Regulation on Internet,

2. Cross Border Jurisdictional Issue, Liability of Intermediaries

Unit-6
Teaching Hours:10
MEDIA, ETHICS AND ADJUDICATION
 

1. Copyright and Trademark issues in mass media,

2. Reporting of Judicial proceedings, Reporting of Legislative Proceedings,

3. Regulation of Commercial Speech,

4. Protection of Journalistic sources, Paid News and Opinion Polls, Regulation of Media- Statutory and Self- Regulation, Government-owned media.

Text Books And Reference Books:

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      AparnaViswanathan, Cyber Law-Indian and International Perspectives, LexisNexis Butterworths, 2ndedn. 2011.

3.      D.D. BasuLaw of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8thedn., 2007

5.      Don R. Pember, Mass Media and Law, University of Washington, 2001-02

6.      Dr. Samir Kumar Singh and Prof. Pushpendra P. Singh, Media Legislation and Laws, JnanadaPrakasham, New Delhi

7.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1stedn., 2006

8.   Karnika Seth, Computers, Internet and New Technology Laws, LexisNexis Butterworths, 2012

9.   M. Neelamalar, Media Law and Ethics, New Delhi, 2010 

10.   Madhavi Goradia Divan, Facets of Media Law, Eastern Book Co., 2000

11.   MukulSahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

12.   P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

13.   ParanjoyGuhaThakurta, Media Ethics- Truth, Fairness and Objectivity, Oxford University Press, 2009

14.   Peter Carey (et.al), Media Law, Sweet and Maxwell, 2007

15.   Ram Jethmalani and D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1stedn., 2012. 

16.   Roy L. Moore and Micheal D. Murray, Media Law and Ethics, Routledge-Taylor and Francis Group.

17.   S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

18.   Sanjay Kumar Singh, Press Law and Ethics of Journalism, Anmol Publications, 2013

19.   Telecom, Media and Press Laws, Eastern Book Company, 1stedn., 2007

20.   UdaySahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

21.   Ursula Smartt, Media and Entertainment Law, Routledge, 2011

22.   Wayne Overbeck, Major Principles of Media Law, 2004

 

Essential Reading / Recommended Reading

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      AparnaViswanathan, Cyber Law-Indian and International Perspectives, LexisNexis Butterworths, 2ndedn. 2011.

3.      D.D. BasuLaw of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8thedn., 2007

5.      Don R. Pember, Mass Media and Law, University of Washington, 2001-02

6.      Dr. Madabhushi Sridhar, The Law of Expression, Asia Law House, Hyderabad, 1stedn., 2007

7.      Dr. Samir Kumar Singh and Prof. Pushpendra P. Singh, Media Legislation and Laws, JnanadaPrakasham, New Delhi

8.      Duncan Bloyand Sara Hadwin, Law and Media, Sweet and Maxwell, 2013

9.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1stedn., 2006

10.   Karnika Seth, Computers, Internet and New Technology Laws, LexisNexis Butterworths, 2012

11.   M. Neelamalar, Media Law and Ethics, New Delhi, 2010 

12.   Madhavi Goradia Divan, Facets of Media Law, Eastern Book Co., 2000

13.   Manita Singh, Law of Journalism and Mass Communication, Centrum Press, New Delhi,1stedn. 2010

14.   MukulSahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

15.   P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

16.   ParanjoyGuhaThakurta, Media Ethics- Truth, Fairness and Objectivity, Oxford University Press, 2009

17.   Peter Carey (et.al), Media Law, Sweet and Maxwell, 2007

18.   Ram Jethmalani and D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1stedn., 2012. 

19.   Roy L. Moore and Micheal D. Murray, Media Law and Ethics, Routledge-Taylor and Francis Group.

20.   S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

21.   S.K. Vermaand Raman Mittl (Eds.), Legal Dimensions of Cyber Space, Indian Law Institute, New Delhi, 2004.

22.   Sanjay Kumar Singh, Press Law and Ethics of Journalism, Anmol Publications, 2013

23.   Telecom, Media and Press Laws, Eastern Book Company, 1stedn., 2007

24.   UdaySahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

25.   Ursula Smartt, Media and Entertainment Law, Routledge, 2011

26.   Wayne Overbeck, Major Principles of Media Law, 2004

27.   Yee Fen Lim, Cyber Space Laws-Commentaries and Materials, Oxford University Press, 2007

 

Evaluation Pattern

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

 CIA II – Mid Semester Examination – 25%

 CIA III – Research Topic – 10%

 Attendance – 05%

 End Semester Examination – 50%

 TOTAL 100%

LAW786B - CYBER LAW (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: 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.

Course Objectives:The course aims to

  • Gain an understanding of the underlying philosophy of cyber law and its relation to information technology.
  •   Facilitate an overall understanding on needs for regulation of information technology in India
  • Impart basic idea of information technology and its relation to other areas focussing on human rights 
  • provide professionsl solutions to real time problems like defamation
  • acquaint with legal challenges arising out of privacy issues awareness about the various kinds of cyber crimes and legal issues and cases

Course Outcome

CO1: Apply the provisions of Information Technology Act

CO2: Identify the need for regulation of Information technology and various regulatory models.

CO3: Evaluate as against others the interface between different human rights instruments and challenges faced by information technology.

CO4: Analyse the laws related to defamation through information technology

CO5: propose a solution to privacy related issues due to use of computer technology.

CO6: List out the legal challenges of the information society and the different forms of cyber crimes.

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

Unit-3
Teaching Hours:10
HUMAN RIGHTS AND INFORMATION TECHNOLOGY
 

Civil liberties – free speech and Art.19(1)(a) of the Constitution – Privacy and Art.21 of the Constitution – Data Collection and Storage, Freedom of Speech and Social Responsibility, Censorship – Indecency – Pornography – Determination of Standards for, Provisions of IPC and Information Technology Act, 2000

Unit-4
Teaching Hours:10
DEFAMATION
 

Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.

 

 

Unit-5
Teaching Hours:10
PRIVACY IN CYBERSPACE
 

Digitization, personal data and data industry, Data Protection principles, Conditions for processing of personal data, CCTV, RFID Tracking, Data Retention and identity, Cookies regulation - interception and monitoring by Government

Unit-6
Teaching Hours:10
CYBER CRIMES
 

Computer misuse – identity theft, grooming and harassment, Hacking, Viruses, criminal damage and mail bombing, Denial of service attack, Obscenity, child abuse, Stalking. Morphing, webjacking, phishing etc., Cyber terrorism, Bandwidth theft, Cyber Warfare, Convention on cyber crime

Text Books And Reference Books:

1.      Seth Karnika, Computers Internet and New Technology Laws. Gurgaon: Lexis Nexis, 2013

2.      Murrey Andrew, Information Technology: Law and Society, Oxford University Press, 2013.

3.      Senthil, Surya, and Lakshmi Devi. Manual of Cyber Laws. New Delhi: Aditya Book Company, 2010.

4.      Singh, Ranbir and Ghanshyam Singh. Cyber Space and the Law: Issues and Challenges. Hyderabad: NALSAR University, 2004.

5.      Rowland, Diane, and Elizabeth Macdonald. Information Technology Law, Cavendish Publishing Ltd, 1997.

6.      Sharma, Vakul. Information Technology: Law & Practice. 2nd Edition, New Delhi: Universal Law Publishing Co.

7.      Singh, Yatindra (Justice). Cyber Laws. 3rd Edition, Universal Law Publishing.

8.      Jayashankar K. K., and Philip Johnson. Cyber Law. Pacific Books International, 2011.

9.      Hiremath, Uma R. (Dr.) Inofmration Technology and Cyber Crimes. Bangalore: Karnataka Institute for Law & Parliamentary Reforms, 2009.

10.  Price, David, and Korieh Duodu. Defamation: Law Procedure and Practice. 3rd Ed., Thomson Sweet & Maxwell.

11.  Fenwick, Helen. Civil Liberties and Human Rights. 4th Ed. Routledge Cavendish.

12.  Lakshminath A., and M. Sridhar. Ramaswamy Iyer's, The Law of Torts, 10th Ed. LexisNexis, Butterworths Wadhwa.

13.  Joga Rao S. V. Law of Cyber Crimes and Information Technology Law, Nagpur: Wadhwa & Company, 2004.

14.  Bird, Graham J. H., and Smith Bird. Internet Law and Regulation.

15.  Konoorayar, Vishnu. Regulating Cyberspace: The Emerging Problems and Challenges. Cochin: Cochin University Law Review, 2003.

16.  Reed, Chris, and John Angel, Computer Law.

17.  Bainbridge, David. Data Protection Law. Vol 1. 2nd ed. New Delhi: Universal Law Publishing, 2005.

18.  Bainbridge, David. Software Licensing. Vol 2. 2nd ed. New Delhi: Universal Law Publishing, 1999.

19.  Brennan, Paul. Law For IT Professionals. Vol 3. New Delhi: Universal Law Publishing, 2003.

20.  Kevan, Tim. E-mail, the Internet and the Law: Essential Knowledge for Safer Surfing. Vol 4. New Delhi: Universal Law Publishing, 2001.

21.  Mason, Stephen. Networks Communications: A Concise to Complaince with the Law. Vol 5. New Delhi ; Universal Law Publishing, 2007.

22.  Ahmad, Tabrez, et al. Cyberlaw, E-Commerce and M-Commerce. New Delhi: A. P. H. Publishing Corpration, 2009.

23.  Vidya, C. (Ed.) Cyber Jurisdiction: A Legal Vision. Hyderabad: The ICFAI University Press, 2006.

 

24.  Augustine, Paul T. Combating Cyber Crime. New Delhi: Crescent Publishing Corpration, 2007.

Essential Reading / Recommended Reading

1.      Seth Karnika, Computers Internet and New Technology Laws. Gurgaon: Lexis Nexis, 2013

2.      Murrey Andrew, Information Technology: Law and Society, Oxford University Press, 2013.

3.      Senthil, Surya, and Lakshmi Devi. Manual of Cyber Laws. New Delhi: Aditya Book Company, 2010.

4.      Singh, Ranbir and Ghanshyam Singh. Cyber Space and the Law: Issues and Challenges. Hyderabad: NALSAR University, 2004.

5.      Rowland, Diane, and Elizabeth Macdonald. Information Technology Law, Cavendish Publishing Ltd, 1997.

6.      Sharma, Vakul. Information Technology: Law & Practice. 2nd Edition, New Delhi: Universal Law Publishing Co.

7.      Singh, Yatindra (Justice). Cyber Laws. 3rd Edition, Universal Law Publishing.

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW786C - LAND LAWS (2020 Batch)

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

Course Objectives/Course Description

 

This Course includes 7 Units covering different topics like Constitutional provisions and its concept of land, Land tenures & tenancy system, Land Acquisition Act, Karnataka Land Revenue Act, Karnataka Land Reforms Act, Karnataka Land Grabbing Prohibition Act, Concept of Property.

Objectives: 

To enable students to identify relevant legislations and case laws relating to Land and Property matters

To inculcate basic research skills as a part of learning

To explore critical principles relating to contemporary issues and nurture within the students the ability to draft on Land laws issues.

 To provide in-depth knowledge on Central and State Land Laws.

 To enhance the skills, interpretation and application of different types of Land Laws.

To focus on land reforms besides Land Acquisition procedures enunciated in the Act of 1894 & 2013 and the constitutional perspective relating to land laws have to be taught as an essential part of this course.

Course Outcome

CO1, CO2 : Students will be able to identify research areas, frame research questions and utilize the available on-line data basis. ? CO2: Students should be able to understand the core concepts of different doctrines and to analyze it from legal perspective in the society. ? CO3: Students will analyze the issues related to various property documents. ? CO4: On the successful completion of this course the students are exposed to the various doctrines, kinds & classification of tenures, critical analysis of Land Acquisition Act, 1894 read with 2013 Act, clarity on land reforms and revenue, concept of property. ? CO5: Students will evaluate as against other events of a similar nature and articulate the problem areas.

Unit-1
Teaching Hours:10
CONSTITUTIONAL PROVISIONS AND ITS CONCEPT OF LAND
 

Meaning of land, division of land, ownership and value of land.

 

 

Doctrine of Eminent Domain. Doctrine of Escheat/Bona Vacantia.

 

-Doctrine of Escheat in Hindu Law: Sec.29 of Hindu Succession Act, 1956 contains the provisions of escheat.

Escheat in Muslim Law

 

Art.300A: Protection of personal property, Schedules: 7th, 11th, 12th of Indian Constitution

Unit-2
Teaching Hours:10
LAND TENURES AND TENANCY SYSTEM
 

Meaning, kinds of tenures-freehold, leasehold, copyhold.

 

Classification of tenures-Ryotwari, service tenures, 12yrs tenure.

 

(b)Land revenue-pre-British period, Estate, Inams& its kinds.

 

(c)Settlement of land-meaning & its kinds-permanent settlement, zamindari, Jagirdars, Mahalwar.

Unit-3
Teaching Hours:16
LAND ACQUISITION ACT, 1894 READ WITH LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013
 

(a)Definition- Land, Arable Land, DC, Court, Appropriate Authority,

 

Public Purpose u/s 3(f) of Act.

 

 

(b)Preliminary Investigation.

 

 

(c)Reference To Court and Procedure.

 

 

(d)Temporary occupation of land.

 

 

(e)Comparative Chart Of New Act 2013 and Old Act 1894.

 

 

(f)Over View of Land Acquisition Rehabilitation and Resettlement Act 2013

 

 

 

(g)Land Acquisition (Second Amendment) Bill, 2015

 

(h)Land Bill 2015 passed by Lok Sabha with nine amendments

Unit-4
Teaching Hours:10
KARNATAKA LAND REVENUE ACT 1964
 

(a)Definition- Boundary mark, class of land, land, land owner, land record, survey, survey number, survey mark & officer.

(b)Constitution & Powers of Revenue Officers- Regional commissioner, Deputy Commissioner, Assistant Commissioner, Revenue Inspector, Village Accountant, Survey Officer.

 

(c)Procedure of Revenue Officers

 

(d)Powers & constitution of Karnataka Revenue Appellate Tribunal.

 

(e) Record of Rights and its stages u/s 127-136,

 

(f) Amendment Act of 1970,1982,1984,1999, 2015.

Unit-5
Teaching Hours:10
KARNATAKA LAND REFORMS ACT, 1961
 

(a)Definition-Agriculture, Assistant Commissioner, Court, Land, Land Revenue, Permanent Tenant.

 

(b)Constitution of Tribunal under KLR Act 1961

 

(c)Powers & Functions of Tahasildar.

 

(d)Powers & Functions of Tribunal.

 

(e) Amendment Act of 2014 [sec.95(8)]

Karnataka Land Reforms (Amendment) Bill 2020

exempting industrial investments from Sections 63, 79A, 79B and 80 and approval to amend Section 109 of the Land Reforms Act to make purchase of farmland for industrial use

Unit-6
Teaching Hours:4
KARNATAKA LAND GRABBING PROHIBITION ACT 2011
 

(a)Definition- Charitable Endowment, Land Grabber, Grabbing, Special Court.

 

(b)Prohibition of Land Grabbing, Penalty, Offences by Company.

 

(c)Constitution of Special Courts- its Powers and Procedures

Text Books And Reference Books:

 

Essential Reading / Recommended Reading

Dr. N MaheswaraSwamy, Land Laws under the Constitution of India, 1st Edi. 2006, Asia Law House, Hyderabad.

SatpalPuliani, The Karnataka Land Reforms Act,9th Edi, 2014, KLJ Publications, Bangalore

SatpalPuliani, The Karnataka Land RevenueAct,14th Edi, 2015, KLJ Publications, Bangalore

SatpalPuliani, The Right to Fair Compensation and Transparency in Land Acquisition 1st Edi, 2014, KLJ Publications, Bangalore

SatpalPuliani, The Karnataka Land RevenueAct,14th Edi, 2015, KLJ Publications, Bangalore

Lurdu Mary D’Mello, The Karnataka Land Laws, 2007, 1st Edi. Pulani and Pulani, Bangalore. (Revised edition 2015)

PM Bakshi, The Constitution of India, 12th Edi 2013(Reprint 2015), Universal Law Publication. New Delhi, India.

Transfer of Property Act, 1882 by Avatar Singh and Poonam Pradhan Saxena, Lexis Nexis publication, 2015.

Evaluation Pattern

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

CIA II – Mid Semester Examination – 25%

CIA III – Research Topic – 10%

Attendance – 05%

End Semester Examination – 50%

 

TOTAL 100%

LAW786D - NUCLEAR LAW (2020 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES:

1.      Provide Students with basic understanding of concepts and the evolution of nuclear law, With respect to different foreign policies and international treaties and conventions.

2.      Equip students to appreciate and critically examine use of nuclear technology under the ambit of international law.

3.      Study of India’s legal frame work with respect to nuclear technology

Course Outcome

CO1: Identify the historical evolution of nuclear law, globally and in India.

CO2: List out the general principles of nuclear law.

CO3: Apply the legal framework of regulatory bodies and procedure of establishment of nuclear power plants.

CO4: Analyze the laws of functions of regulatory bodies, the process of licensing, laws of inspections and enforcement.

CO5: Evaluate as against other the international treaties and instruments on nuclear weapons.

CO6: Propose a solution to the issues related to the liability regime and insurance for nuclear damage through the various case studies.

Unit-1
Teaching Hours:10
Introduction to nuclear law
 

Introduction  to nuclear law– historical evolution of nuclear technology – uses of nuclear technology –peaceful uses of nuclear energy- application of nuclear power and techniques –Financial and economic consideration for acquiring nuclear energy – Nuclear accidents –case studies – Winsacle-Kyshtym-Three Mile island- Chernobyl - The Atomic Energy Act, 1962

Unit-2
Teaching Hours:10
International institutions and organizations
 

International institutions and organizations – International commission on radiological Protection- UN scientific Committee on effects of Atomic Radiation – International Atomic energy Agency- Role of IAEA – nuclear Energy Agency- Global Nuclear energy partnership- Atomic Energy Commission of India – Nuclear Safety Advisory committee - International trade in nuclear materials and equipment

Unit-3
Teaching Hours:10
Installation of nuclear plants
 

Installation of nuclear plants – Licensing – International law- Licensing nuclear reactors- Nuclear site license- Health and safety measures in licensing – Relationship with Electricity Act – insurance – corporate manslaughter - offences and penalties – Obligations under international conventions  for commission and decommissioning  nuclear reactors- Guidelines for co-operation with other countries regarding peaceful uses for Atomic Energy -

Unit-4
Teaching Hours:10
Radioactive wastes
 

Radioactive wastes  -definition- inter-generational equity issues –classification and  handling radioactive substances – Control over Radioactive substances -  Transportation of nuclear fuels and wastes – International Commission on Radiological Protection – BSS directive and NORM- Ionizing Radiation Regulations- Emergency preparedness - International radiological protection standards - Management of spent fuel and radioactive waste  -

Atomic Energy (Safe disposal of radioactive wastes) Rules, 1987 -  Atomic Energy (Factories) Rules, 1996 -   Radiation Protection Rules, 2004 - Atomic Energy (Working of the mines, minerals and handling of prescribed sustances) Rules, 1984

Unit-5
Teaching Hours:10
Safeguards and Security
 

Safeguards and Security- Nuclear Test ban and Arms Limitation Treaties – Legality of Nuclear weapons – Non-Proliferation treaty – IAEA safeguards – Export-import controls- Fissile Material cut-off treaty- Convention on Physical Protection of Nuclear Material – Convention for the suppression of acts of Nuclear Terrorism - Nuclear accident notification and assistance - Environmental protection - Nuclear security: physical protection, illicit trafficking and terrorism

Unit-6
Teaching Hours:10
Liability, compensation and insurance for nuclear damage
 

Liability, compensation and insurance for nuclear damage – problems of liability and insurance – Paris and Vienna conventions – Brussels supplementary conventions- convections on the liability of nuclear operators, maritime carriage of nuclear material, environmental liability directive- Civil Liability Nuclear  Damage Act,2010

Text Books And Reference Books:

 

  •     Nuclear weapons under International Law, Gro Nystuen, Stuart Casey, Cambridge University Press, United Kingdom, 2014.
  •     The use of Nuclear Weapons and the protection of Environment During International Armed Conflict, Erik Koppe, Hart Publishing , Oxford and Portland, 2008.

 

Essential Reading / Recommended Reading

1. History of Nuclear non-Proliferation, Author: Imrana Gull, Pakistan Horizon, Vol. 53, No. 2/3 (April-July 2000)

2. The Ambivalence of Nuclear Histories, Itty Abraham, Osiris, Vol. 21, No. 1, Global Power Knowledge: break Science and Technology in International Affairs

3. Law on the Peaceful Uses of Nuclear Energy: Key concepts. By Diane de Pompignan

4. Handbook on Nuclear law 2010

5. Handbook on Nuclear law: Implementing legislation

6. The legality of the Threat or Use of Nuclear Weapons and the Logic of Nuclear Deterrence: A Legal-Sociological Analysis Author(s): Kazuko Hirose Kawaguchi Source:

Proceedings of the Annual.

7. Courting Controversy: International Law, National Norms and American Nuclear Use: Theo Farrell and Hélène Lambert: Review of International Studies, Vol. 27, No. 3

(Jul. 2001), pp. 309-326, Published by Cambridge University Press

8. IAEA SAFETY STANDARDS SERIES No. SSR-5- Disposal of radioactive waste, pp. 10-28

9. The impact of the Chernobyl accident on international nuclear energy law Author(s): NORBERT PELZER Source: Archiv des Völkerrechts.

10. Internationales Atomrecht / International Nuclear Energy Law (1987), pp. 294-311 Published by Mohr Siebeck GmbH & Co. KG

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%

LAW786E - DIGITAL EVIDENCE (2020 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES: Takes a detailed, hands on approach to the network security breaches to child pornography, the common bridge is the demonstration that particular electronic media contains incriminating evidence. Using modern tools and techniques, students learn how to conduct a structured investigation process to determine exactly what happened and who was responsible and to perform this investigation in such a way that the results are useful in criminal proceedings. Real world case studies will be used to provide better understanding.

 

 

TEACHING METHODOLOGY: Lecture Method, Power Point presentations, Student Presentations, Discussion on recent cases, Documentaries

 

Course Outcome

CO1: Identify and describe the concept taught in the respective Unit.

CO2: List out the essential characteristic of the concept

CO3: Apply the concept correctly to legal problems

CO4: Analyse the legal concept.

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

Unit-1
Teaching Hours:10
INTRODUCTION TO INFORMATION TECHNOLOGY LAW
 

The need for sui juris law to deal with cyberspace Theft of data, possession of data, mobility of data, access. Evolution of Cyber Law in India Acts. Important terms and definitions access, affixing digital signature, asymmetric crypto system, computer, computer network, computer resource, computer system, data, digital signature, electronic form, electronic record, function, information, intermediary.

Unit-2
Teaching Hours:12
Digital Evidence & the Indian Law
 

Relevant provisions of the Indian Evidence Act, 1872 as amended by the Information Technology Act –sections 3, 17, 22A, 34, 35, 39, 47A, 59, 65A, 65B, 67A, 73A, 81, 85A, 85B, 88A, 90A, 131. Relevant provisions of the Bankers' Books Evidence Act, 1891as amended by the Information Technology Act sections 2, 2A. Relevant provisions of the Information Technology Act section 79A Examiner of Electronic Evidence 

Unit-3
Teaching Hours:10
Fundamental of Digital forensics
 

 

 

  1. Introduction to digital forensics
  2. Digital evidence and investigations
  3. Real life examples of computer crime

 

Real life examples of computer crime

 

Unit-4
Teaching Hours:8
Digital Evidence Acquisition
 

In this chapter will be discussed on the implications of related law, Processing of crime and incident scenes and the process of digital evidence acquisition.

Unit-5
Teaching Hours:7
Methods of performing evidence examination
 

The chapter deals with the procedure of evidence examination where the evidence can be extracted and analyzed and the recovering of graphic files and identifying the unknown file formats , e- mail investigations and cell phone and mobile devices forensics.

Unit-6
Teaching Hours:8
Evidence Presentation
 

The chapter deals with the documenting and reporting of the evidences and the guidelines in writing reports and the use of forensics tools to generate reports.

Unit-7
Teaching Hours:7
Case studies and Examples
 

This chapter aims to give you, the reader, a chance to see and practice the application of the techniques and methods described in the preceding chapters. Some of the cases presented here are real, but anonymised as much as possible to avoid causing further distress to those directly involved, others are fictitious but based on typical cases in which the author has been involved.

 

1.    
 
 Abdul Rahaman Kunji v. The State of West Bengal [MANU/WB/0828/2014]

2.      Amitabh Bagchi v Ena Bagchi AIR 2005 Cal 11.

3.      Bodala murali krishna vs. Smt. Bodala prathima (2007 (2) ALD 72) 

4.      Dharambir vs. Central bureau of investigation (148 (2008) DLT 289)

5.      Jagjit singh vs. State of Haryana ((2006) 11 SCC 1)

6.      Lorraine v. Markel American insurance company241 frd 534 (d. Md. 2007)

7.      M/s. P. R. Transport agency v. Union of India AIR 2006 Allahabad 23

8.      Mohinder Sharma v/s State

9.      R v. Sharp [1988] 1 all er 65

10.  Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke [MANU/SC/0040/2015]

11.  State bank of India vs. Rizvi exports ltd (drt, Allahabad)

12.  State of Delhi v. Mohd. Afzal & ors

13.  State of Maharashtra vs. Dr praful b desai (AIR 2003 SC 2053) 

14.  State v. Navjot sandhu (2005) 11 SCC 600

15.  Twentieth century fox film corporation vs. Nri film production associates (p) ltd. AIR 2003 kant 148)

16.  Utkal Contractors & Joinery Pvt. Ltd. V. State of Orissa reported as AIR 1987 SC 1454

 

Text Books And Reference Books:

1.      1.The Indian Evidence Act , 1872

2.      2.Banker’s Book Evidence Act , 1891

3.      3. Information technology Act, 2000

4.     4.Law relating to computers, internet, and e-commerce: a guide to cyber laws and the Information Technology Act, 2000 by Kamath, Nandan.

 

5.      5.Information Technology And Developmental Communication by Singh,Brijnath

Essential Reading / Recommended Reading

1.Computers,internet and New Technology Laws by Karnika Seth.

2.Angus McKenzie Marshall,Digital Forensics-Digital Evidence in Criminal Investigations.

3.Eoghan Casey BS  MA-Digital Evidence and Computer Crime, Third Edition_ Forensic Science, Computers, and the Internet-Academic Press (2011)

5.Cyber law by Pavan Duggal page 350- 352.(2014 edition)

6.https://digital-forensics.sans.org/blog/2009/09/12/best-practices-in-digital-evidence-collection

 

 

Evaluation Pattern
  • Scheme of Evaluation

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

  • CIA II – Mid Semester Examination – 25% 

  • CIA III – Research Topic – 10% 

  • Attendance – 05% 

  • End Semester Examination – 50% 

TOTAL 100%

 

LAW853 - CRIMINAL LAW II (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: Law of Criminal Procedure is relevant and vibrant when the same is interpreted in the background of the preamble of our Constitution which incorporates the vision of justice. The decisions of our courts interpreting the constitutional vision have the potential to become vehicles of changes for the better. The course is devised to deal with the basic procedural aspects with regard to criminal law in action. Indeed, understanding of the same is a must for any aspiring litigation lawyer, and so it is aimed at satisfying this requirement. A thorough knowledge of the Code of Criminal Procedure is indispensable for effective implementation of criminal law.

Course Objectives:

·      

  • ·      To enable the students to understand the fundamental principles of Criminal Law.
  • ·      To facilitate the students to understand the interpretation of various procedural laws such as Indian Penal      Code, Indian Evidence Act, Code of Criminal Procedure  and its application in relevant context.
  • ·      To analyse  the interrelation between Indian Penal Code, Indian Evidence Act, Code of Criminal             Procedure and the Constitution of India.
  • ·      To analyse of the procedure for administration and enforcement of substantive criminal law.
  • ·      To appreciate the procedure of investigation, inquiry and trials in criminal law.

 


                      

 

 

Course Outcome

CO1: identify the scope, extend and object of the Criminal Procedure Code.

CO2: analyze the procedure practiced in criminal trial.

CO3: demonstrate the advocacy skills in criminal trial.

CO4: choose the appropriate remedy for of violation of substantive law.

CO5: explain the procedure of conducting investigation, inquiry and criminal trial.

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Unit-4
Teaching Hours:8
BAIL& ANTICIPATORY BAIL.
 

Learning Outcome: This unit gives the students an understanding of how the provisions relating to bail work.

Mandatory Bail; Bail in cases of non-bailable offenses, Powers of High Court & Sessions Court in granting bail; Anticipatory Bail; Cancelation of Bail; Provisions regarding bond of accused and sureties. (S.436-439, Cr. PC).

Unit-5
Teaching Hours:10
COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
 

Learning Outcome: in this Unit the students learn how the charge is made and how the trial is conducted. 

Meaning and Object of Cognizance, Cognizance of offences by Magistrates and Court of Session, Making over of cases to Magistrates, Meaning, Form and Content of Charge; Alteration of Charge, Basic rules regarding charge and trial; Trial of Warrant Cases: (a) before a Sessions Court, (b) before a Magistrate; Trial of Summons Cases, Summary Trials, Plea Bargaining. (S. 190-199, S.211-224, S.225-265, S.265A- 265L, Cr. PC.)

Unit-6
Teaching Hours:6
JUDGMENT & APPEAL
 

Learning Outcome: In this Unit the students are given a picture of the process on how a judgment is pronounced and how an appeal is preferred.

Form and Contents; Post Conviction Orders; Compensation & Costs; Pronouncement of Judgment. Appeal from convictions, Appeals to superior courts, Procedure for dealing with an Appeal and powers of appellate courts.(S.353-363, S.372-394, Cr. PC) 

Unit-7
Teaching Hours:6
REFERENCE, REVISION & TRANSFER.
 

Learning Outcome: This unit tells the students how the process of reference, revision and transfer protect the life and liberty of the accused.

Reference to High Court, Revision: Powers of the Sessions Court and High Court for Revision, Powers of the Supreme Court/ High Court and Sessions Court to transfer Cases and Appeals. Inherent Powers of High Court.(S.395-412, S. 482. Cr. PC.)

Unit-8
Teaching Hours:4
EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
 

Learning Outcome: In this Unit the students are taught the process of execution of a sentence, suspension, remission & commutation of sentence etc once the trial court hands out a judgment.  

Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.)

Unit-9
Teaching Hours:8
MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
 

Learning Outcome: Under thus Unit students are made aware of the ways by which law prevents starvation and vagrancy etc leading to commission of crimes. Students are taught under this unit how apart from having provisions leading to criminal trial, how the Code has also made provisions for the prevention of crimes.

Persons entitled to claim maintenance, Essential conditions for granting maintenance, Jurisdiction of Magistrates, Enforcement of the Order of Maintenance, Alteration of Allowance (S. 125-128. Cr.PC).                         

Preventive action of the Police: Security for keeping peace, for good behaviour, Action under S.107-110. Dispersal of Unlawful Assemblies, Removal of public nuisance, Urgent Cases of apprehended danger or nuisance.(S. 107-110, 129-153, Cr. PC.)

Text Books And Reference Books:

The Code of Criminal Procedure, 1973.

Takwani Criminal procedure, Lexis Nexis, 4th Edition 2015.

KNC Pillai (Fifth Ed.):RV Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow, 2013

The Juvenile Justice (Care and Protection) Act, 2015

 

 

Essential Reading / Recommended Reading

1.     SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).

  1. Mitra, B. B. Criminal Procedure Code. Kolkata: Kamal Law House, 2005.
Evaluation Pattern

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

·      CIA II – Mid Semester Examination                                 – 25%

·      CIA III – Research Topic                                                     – 10%

·      Attendance                                                                            – 05%

·      End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW854 - CIVIL PROCEDURE CODE AND LIMITATION ACT (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 introduces you to the procedural rules that govern how civil litigation is conducted in the courts. The course contains an overview of the entire body of rules of civil procedure ranging from commencement of proceedings, to defining issues for trial, to enforcement of judgments. There is particular emphasis upon jurisdiction of various Indian Courts and stages of civil cases in Indian Courts.

Unit 1 is designed to make the students conversant with the basic terminology and introduction Unit 2 is to acquaint students with the jurisdiction of civil courts. Unit 3 is to introduce students to the rules of pleadings in civil matters. Unit 4 is designed to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages. Unit 5 is to introduce students to the execution proceedings. Unit 6 acquaints students with special suits. Unit 7 is appeals, revision, review and reference. Unit 8 introduces students to the miscellaneous matters such as transfer of cases, caveat, inherent powers of the courts, etc. Unit 9 is to equip students with the knowledge of the important provisions of Limitation Act.

Course Objectives:

The objectives of this course are:

1.     to make the students conversant with the basic terminologies used in civil procedure

2.     to provide an understanding of the jurisdiction of various civil courts

3.     to introduce students to the rules of pleadings in civil matters

4.     to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages

5.     to give a basic understanding of the execution proceedings of decrees

6.     to acquaint students with remedies available to a party aggrieved by the order of a court through appeals & revision

7.     to provide an understanding of special suits & their procedures

8.   to equip students with the knowledge of the important provisions of Limitation Act

Course Outcome

CO1: Explain procedural aspects of the stages in civil case

CO2: Describe the principles of pleadings, the place of suing, joinder of parties, amendment of pleadings etc in a given case situation

CO3: Distinguish between the various kinds of jurisdiction of different Civil Courts of India

CO4: Apply the provisions of CPC to case-based or hypothetical problems and answer the issues raised

CO5: Analyze important judgments on CPC provisions

CO6: Identify the grounds of appeal from a judgement and decree of a lower Court

CO7: Determine the feasibility of filing a civil case in appropriate Court based on subject matter [Simulation exercise with client]

CO8: Draft civil pleadings such as plaint, written statement, Interlocutory applications and justify the content of the documents on basis of CPC provisions.

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 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. Mulla, Code of Civil Procedure, 19th edn., LexisNexis, 2017
  2. Takwani, Civil Procedure, 9th edn., EBC, 2021 
  3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act, 22nd edn., Eastern Law House, 2011
  4. Sarkar's Code of Civil Procedure, 12th edn., LexisNexis, 2016.
  5. Universal's Code of Civil Procedure, LexisNexis, 2020.
Essential Reading / Recommended Reading

1. Thacker C.K. Code of Civil Procedure, New Delhi Publishing House, 2000

2. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure, 1908. New Delhi: Universal Publishing Co., 1998

3. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.

4. Karnataka Court-fees and Suit Valuation Act, 1958

5. Karnataka City Civil Courts Act 1964

6. Karnataka Civil Rules of Practice 1967

7. Jatinder Kumar Das, Code of Civil Procedure, 1st Edition 2013

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%

LAW861 - 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

 

Unit 1 introduces students to the technology and legal regime of e-commerce. Unit 2 deals with the special contractual issues of e-commerce. Unit 3 is in respect of consumer related issues of e-commerce. Unit 4 deals with online payment and the risks involved therewith. Unit 5 deals with digital signatures and secured electronic documents. Unit 6 in designed to make the students aware of the intellectual property in digital media. Unit 7 deals with the taxation related issues of e-commerce, while Unit 8 deals with jurisdictional problems related to e-commerce

 This subject aims at

1. Discussing the technology related issues in the application of traditional principles of law

2. Equip students with skills required to work as legal advisors in commercial sectors where information technology is used

3. Familiarize students with method of identifying and analysing technology instigated legal issues in contracts, IPR, Jurisdiction, consumer affairs, taxation and payment methods

Course Outcome

1: Identify loopholes in the legal framework governing E-Commerce.

2: Explain the concepts relating to formation of e-contracts

3: Evaluate and critically assess the impact of the traditional principles of law on e-commerce transactions by individuals and businesses

4: Critical review the law of e-commerce and its development and international harmonization with the evolving models of e-commerce

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 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:6
PAYMENT ISSUES
 

 

Fraud Risk and Protection

 

Breach of contract

 

Charge back agreements

 

EDI

 

Electronic fund transfer

 

UNIT 5
Teaching Hours:8
CONSUMER PROTECTION
 

Concept of the rights of consumer

Problems of protection of consumers in virtual world

Consumer Protection Act, 1986

EC Directive on distance selling

E-commerce Directives and consumer protection

UNIT 6
Teaching Hours:8
IPR ISSUES IN E- COMMERCE
 

Digital copyright, linking, caching

Digital rights management, DMCA, Patents, Trademarks and domain names

Brand identities, search engines and secondary market

ICANN,

Database Right – Digital Copyrights

Open Source

Software Patents

UNIT 7
Teaching Hours:8
TAXATION IN E COMMERCE
 

Problem of taxation in virtual world

OECD guidelines on taxation

Tax structure on e- commerce in India (Direct, Indirect, and VAT)

EU, US practice on taxation on electronic commerce

UNIT 8
Teaching Hours:8
JURISDICTION ISSUES IN E- COMMERCE
 

Characteristics of internet jurisdiction

Theoretical framework to address multiple jurisdictions

Application of the principles of Private International law

Hague Convention, EC Regulations (Brussels & Rome)

Minimum contact test, Effect test, Zippo Test

Current trends

Text Books And Reference Books:

  1. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
  2. Sharma, Vakul. Information Technology: Law and Practice. 2nd ed. New Delhi: Universal Law Publishing Co., 2007.
  3. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
  4. Schellekens, M. H. M. Electronic Signatures: Authentication Technology from a Legal Perspective. The Hague: T. M. C. Asser Press, 2004.
  5. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  6. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  7. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  8. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Essential Reading / Recommended Reading
  1. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  2. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  3. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  4. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW862 - INTERPRETATION OF STATUTES (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.

Course Outcome

CO 1: 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 conceptualising 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

Mimansa Rules of Interpretation: Application, Maxwell 

Unit-2
Teaching Hours:12
AIDS OF INTERPRETATION
 

1.     Internal Aids to Interpretation:

a.     Long Title – Preamble – Headings - Marginal Notes or Section headings Punctuation – Illustration – Definition – Proviso – Exception - Explanation – Transitional Provision – Schedule

2.     External Aids to Interpretation

a.     Parliamentary/Legislative History

b.     Historical facts and Surrounding Circumstances, Government Circulars, Publications and Reports

c.     Later Social, Economic, Political and Scientific and Technological Developments

d.    References to Statutes in pari materia,

e.     Use of Dictionaries,

f.      Legal Texts and

 

g.     Use of International Treaties and Foreign Decisions

Unit-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

d. Quasi repeal by desuetude

Text Books And Reference Books:

1.     Singh, Guru Prasanna., Principles of Statutory Interpretation. 14th edition, Nagpur: Lexis Nexis, 2016.

2.     Sarathi, Vepa P., Interpretation of Statutes.  5th ed. New Delhi: Eastern Book Company, 2010.

3.     Langan, P. St. J.(Ed)., Maxwell on the Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 1969

4.     Jone, Oliver (Ed)., Bennion on Statutory Interpretation 5th ed. London: Lexis Nexis, 2013

5.     Dhanda, Amita (Ed).,  N. S. Bindra's Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 2017.

6.     Katju, Markandey., Interpretation of Taxing Statutes, 2nd Edition, Butterworths, 1998

7.     Mukhopadhyay, Sukumar., Interpretation of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010

8.     Chopra, D.S., Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.

9.     Katju, Markandey, (Ed)., K.L.Sarkar’s Mimansa Rules of Interpretation. 4th ed. New Delhi: Thomson Reuters, 2013.

10. Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

Essential Reading / Recommended Reading

1.     Singh, Guru Prasanna., Principles of Statutory Interpretation. 14th edition, Nagpur: Lexis Nexis, 2016.

2.     Sarathi, Vepa P., Interpretation of Statutes.  5th ed. New Delhi: Eastern Book Company, 2010.

3.     Langan, P. St. J.(Ed)., Maxwell on the Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 1969

4.     Jone, Oliver (Ed)., Bennion on Statutory Interpretation 5th ed. London: Lexis Nexis, 2013

5.     Dhanda, Amita (Ed).,  N. S. Bindra's Interpretation of Statutes. 12th ed. New Delhi: Lexis Nexis, 2017.

6.     Katju, Markandey., Interpretation of Taxing Statutes, 2nd Edition, Butterworths, 1998

7.     Mukhopadhyay, Sukumar., Interpretation of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010

8.     Chopra, D.S., Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.

9.     Katju, Markandey, (Ed)., K.L.Sarkar’s Mimansa Rules of Interpretation. 4th ed. New Delhi: Thomson Reuters, 2013.

10. Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

Evaluation Pattern

Assessment outline:

 

CIA I

CIA II

CIA III

ESE

Attendance

10%

25%

10%

50%

5%

 

 

LAW885A - REGULATION OF BIOTECHNOLOGY (2020 Batch)

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

Course Objectives/Course Description

 

New and emerging technologies of the 21st century have been posing new challenges to legal systems all over the world. Applications of modern biotechnologies have brought hope for the mankind with a promise of reducing hunger and offer solutions for deadly diseases which have plagued mankind for a long time. Benefits provided by biotechnology is not without banes. Regulatory environment must be suitably designed to take the advantages offered by biotechnology and at the same its abuse must be minimized.

 

The course intends to provide students with a deep outlook of the legal regime and issues surrounding one of the most contemporary and unfolding branches of Intellectual Property and Life on Earth – Regulations of Biotechnology. 

 

Unit- 1 introduces the history of bio-technology and the evolution of bio-technology across various jurisdictions. Unit – 2 deals with human genetics with particular reference to cloning and human organs. Unit 3 deals with agriculture and biotechnology with special reference to Genetically Modified Organisms and their regulations. Unit 4 deals with patents and biotechnology. Unit 5 deals with the importance of ethics in biotechnology. Unit 6 deals with research collaborations and biotechnology.

Course Outcome

CO 1: Narrate the history and evolution of biotechnology.

CO 2: Critically analyse the laws that are regulating to GMOs, cloning, and organ transplantations.

CO 3 : Apply the laws of biotechnology to practical problems.

CO 4 : Do sound research on the patentability of inventions in the field of biotechnology.

Unit-1
Teaching Hours:15
Introduction
 

Introduction , Revolution of Biotechnology, Capabilities of modern biotechnologies, benefits to society- harms to society, regulatory challenges ; Construction of regulatory framework for new technology.

Unit-2
Teaching Hours:15
Right to Food
 

Agri Biotech -Enhancing food security needs through biotechnology, GMOs, impact on agriculture, impact on environment, filed trials

Unit-3
Teaching Hours:15
Right to Health Care
 

Right to health care - through biotechnological innovations- biotech patents – compulsory licesing clinical trials, prior informed consent, control of drug prices

Unit-4
Teaching Hours:15
Bioethics and Law
 

Bioethics and Law- Human Genetics - Issues of autonomy and privacy that arise in the sphere of human genetics – Ethical issues – Religion and Culture

Text Books And Reference Books:

Law Relating to Biotechnology – Sreenivasulu. N.S

International Governance of Biotechnology Needs, Problems and Potential by Catherine Rhodes, Bloomsbury Academic 2010 Chapter I & II – pages 1- 21

Bhatia, Saurabh & Goli, Divakar. (2018). History, scope and development of biotechnology

The Evolution of Human Rights in the Age of Biotechnology,  John Paul Ryan and Benjamin Hron

 

Essential Reading / Recommended Reading

 

Law and Biotechnology Cases and Materials Victoria Sutton Robert H. Bean Professor of Law Texas Tech University School of Law

UK Biotechnology Industry Twelfth Report of Session 2002–03

Biotechnologies and International Human Rights Edited by Francesco Francioni

Ethical issues in human genome research THOMAS H. MURRAY School of Medicine, Case Western Reserve University.

Iqbal, Rana Khalid & Bibi, Shahzadi & Muneer, Sana & Bibi, Sumaira & Anwar, FarhanaNaureen. (2020). Ethical issues of human cloning. Journal of Medical Sciences. 40. 10.4103/jmedsci.jmedsci_69_19.

Human Cloning: Perspectives, Ethical Issues and Legal Implications Adv. Rakesh Vishan Ms. Swati Vishan

Ethical Aspects within Human Cloning Loredana Terec-Vlada, Daniel Terec-Vlad

Donated organs, property rights and the remedial quagmire Remigius N. Nwabueze

 

Evaluation Pattern
CIA-I - 10%

CIA 2 - 25%

CIA 3 - 10%

End Semester - 50%

Attendance - 5%

LAW885B - SCIENCE, TECHNOLOGY AND HUMAN RIGHTS (2020 Batch)

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

Course Objectives/Course Description

 

Human Rights Education is acquiring greater importance in the changing national and global scenario in the wake of globalization. It leads to opening new possibilities for realization of creative human potential. Education on Human Rights Issue enables the students to attain the necessary moral, intellectual, and democratic resources for this purpose. The ultimate overall vision of building a humane, participatory, and democratic society has to be promoted and sustained.

 Human Rights Education has three dimensions: moral, legal, and contextual. The ethical terrain of the humankind lies in its sensitivities and sensibilities which are rooted in the moral potential, which always reminds the people that the world can be a better 

place than what it is at a given point of time. The standard-setting exercise those international agencies like the UN took up from 1948 with the commencement of Universal Declaration of Human Rights has been an attempt in exploration of the ‘moral’ dimension of Human Rights. There was no year after 1948 when the UN did not come up with new fresh standards. Today, there are about one hundred documents in the form of Declarations, Conventions, Covenants and Treaties on human rights. The people all over the world should be enabled to appreciate the development in science and technology vis-e-vis the human rights concerns.

           

The growing technological changes are impacting the human rights jurisprudence in terms of different challenges, e.g., the issues such as the regulation of cyberspace: right to freedom of expression and information vis-e-vis right to privacy; Right to access of medicines of the mass’s vis-e-vis Right to Patent medical innovations, et. al., therefore, the purpose of having this course at the undergraduate level is to sensitize the future generation of lawyers and judges towards the emerging human rights-based issues due to innovations in science and technology. 

On completion of Unit 1 students will be able to connect the core concepts involved in the interface between Science, Technology and Human Rights issues involved therein. On completion of Unit 2 students will be able to appraise the nature of challenges put forth by the Information Technology on the Human Rights issues and to further enhance their understanding on how law addresses or ought to address these challenges, from a Human Rights perspective. On completion of Unit 3 students will be able to understand the ways in which technology helps and challenges the human right to food. On completion of Unit 4 students will be able to appreciate the philosophical counter  currents on the right to development in a globalised world. On completion of Unit 5 students will be able to understand the Human Rights based issues involved in the regime of intellectual property laws. On completion of Unit 6 students will be able to understand the technological challenges confronting the human right to health.

Course Outcome

CO1: To analyze the core concepts involved in the interface between Science, Technology and Human Rights issues involved therein.

CO2: To elucidate the nature of challenges put forth by the Information Technology on the Human Rights issues and to further enhance their understanding on how law addresses or ought to address these challenges, from a Human Rights perspective.

CO3: To explain the ways in which technology helps and challenges the human right to food from local and international perspective as could be observed during Covid times in consonance (SDG 3)

CO4: To analyze the philosophical countercurrents on the right to development in a globalized world (SDG 1)

CO5: To explain the Human Rights based issues involved in the regime of intellectual property laws.

CO6: To explicate the technological challenges confronting the human right to health, from both national and international perspective (SDG 5)

Unit-1
Teaching Hours:10
Science, Technology, and human rights: conceptual perspectives
 
  • Concept of Science & Technology as a Tool for furtherance of Human and Social Welfare.
  • Populism, Technology and Law
  • Implications of Science and Anti- Discrimination: A study of Eugenics
  • Genomics and Law
  • Ethical Issues and Human Rights: Reproductive Health, Abortion Rights, Adoption of Children by Altruistic Reproductive Techniques 

 

Unit-2
Teaching Hours:10
Information technology and human rights
 
  • Revolution in Information Technology
  • Right to Privacy
  • Privacy and Surveillance
  • Right to Information
  • Issues of Imposing reasonable Restrictions: A study of the applicable Legal Norms.
  • Implications of Information Technology Act, 2000 upon Human Rights.
  • Cyber Crimes and Effected Human rights
Unit-3
Teaching Hours:10
Science, Technology and Right to food.
 
  • Science & Technology to Improve and Diversify Food Production and Storage and Food Security,
  • Biotechnology to Produce Improved Varieties of Foods.
  • Impact of Biotechnology in Agriculture (Positive and Negative): Agriculture as a Commercial Industry
Unit-4
Teaching Hours:10
Right to Development
 
  • Development and Human Rights: Issues and Challenges.
  • Framework on International Human Rights Law relating to Human Development
  • Cooperation in a Globalised World: Changing notions relating to corporate responsibility, State responsibility and Collective responsibility of Nation states towards global cooperation.
  • Human Enhancement and Human rights
Unit-5
Teaching Hours:10
Intellectual property rights and Human rights
 
  • Intellectual Property Rights and the Right to access of Medicines,
  • Human Rights as a constraint on Intellectual Property Rights,
  • Plant Variety Protection Rights,
  • Genetic Resources and Traditional Knowledge

 

Unit-6
Teaching Hours:10
Health and Human rights
 

Science & Technology and Improvement of Individual and Community Health and Hygiene, Experiments on Living Beings, Community Health as a Public Service Industry: Shift in the role of the government, Changing Character of the Industry and the Role of Multinationals.

 

Text Books And Reference Books:

Madhavi Divan, Madhavi G. (2022) Facets of Media Law- A mini encyclopedia covering multiple dimensions of media law, EBC: 3rd ed,

Ryder, Rodney D & Nikhil Naren (2020) Internet Law: Regulating Cyberspace And Emerging Technologies.

 Rattan, Jyoti, Cyber Laws & Information Technology (2020), Bharat Publication: 8th Ed

The Right to Development: A Primer (Centre for Development and Human Rights, New Delhi, 2004)

 Daniel Aguirre, The Human Right to Development in a Globalized World (Ashgate, 2008).

 

Essential Reading / Recommended Reading

 Giovanni Ziccardi, Resistance, Liberation Technology and Human Rights in the Digital Age (Springer, 2013).

 

Fran Equiza-López (ed.), Information Communication Technologies and Human Development: Opportunities and Challenges (Idea Group Publishing, Hershey, 2009).

 

Wenche Barth Eide, Uwe Krach, Food and Human Rights in Development: Legal and institutional Dimensions and Selected Topics (Intersentia, Oxford, 2005).

 

H. D. C. Roscam Abbing, Jan K. M. Gevers, Ewoud H. Hondius, J. H. Hubben (eds.), Health Law, Human Rights And the Biomedicine Convention (Martinus Nijhoff, 2005). 

 

https://www.wipo.int/edocs/pubdocs/en/wipo_pub_762.pdf

 

Plomer, A. (2013). The Human Rights Paradox: Intellectual Property Rights and Rights of Access to Science. Human Rights Quarterly, 35(1), 143–175. http://www.jstor.org/stable/23352255

https://unctad.org/system/files/official-document/dtlstict2017d5_en.pdf

 

https://journals.sagepub.com/doi/pdf/10.1177/0971721819889916

 

https://www.researchgate.net/publication/236761225_The_Right_of_Everyone_to_Enjoy_the_Benefits_of_Scientific_Progress_and_the_Right_to_Food_From_Conflict_to_Complementarity

 https://www.researchgate.net/publication/323454328_The_role_of_science_technology_and_innovation_in_ensuring_food_security_by_2030

https://www.researchgate.net/publication/325157746_Human_Rights_and_Development_of_Technology

 

https://www.hhrjournal.org/2013/10/human-rights-versus-legal-control-over-womens-reproductive-self-determination/

 

http://hdr.undp.org/en/content/women%E2%80%99s-reproductive-rights-are-human-rights

 

https://www.euro.who.int/__data/assets/pdf_file/0008/296900/Linking-Sexual-and-Reproductive-Health-and-Human-Rights.pdf

 

https://www.ohchr.org/Documents/Issues/Opinion/Communications/InternetPrinciplesAndRightsCoalition.pdf

 http://advokasi.elsam.or.id/assets/2015/09/20120627_David-Souter_HumanRights-And-The-Internet.pdf

Evaluation Pattern
CIA I CIA II CIA III ESE Attendance
10% 25% 10% 50% 5%

 

LAW885C - 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 in 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, 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 will provide details of laws & principles governing temporary injunction. In Unit 3, students will learn about the provisions of Specific Relief Act dealing with perpetual injunction. In Unit 4, principles governing mandatory injunction and the challenges of implementing it are dealt with. Unit 5 deals with rules of injunction in context of specific legal relationships such as landlord-tenant, partnership, easement, IPR laws etc.

Course Objectives:

1.     To learn about the origin of law of injunctions from Common law principles, definition & kinds of injunctions

2.     To understand the principles governing temporary injunction

3.     To know about the statutory provisions relating to perpetual injunction

4.     To learn about the challenges of implementing order of mandatory injunction

5.   To understand the application of injunction principles to specific legal relationships such as contractual, landlord-tenant, partners, easements etc

Course Outcome

CO1: describe the origin of law of injunction, definition & kinds of injunction

CO2: explain the general principles governing injunction in Indian laws

CO3: apply principles governing temporary injunction to simulated problems & evaluate the possibility of grant of temporary injunction

CO4: analyse the practical use of perpetual injunction

CO5: analyse the challenges of obtaining & implementing mandatory injunctions

CO6: apply general principles of injunction to specific legal relationships & transactions

Unit-1
Teaching Hours:10
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
TEMPORARY INJUNCTION
 

Nature of Temporary Injunction, Object, Temporary Injunction in CPC, Principles governing grant of Temporary Injunction, Status Quo, Quia Timet Action, Threat and Injury, Prima facie Case, Balance of Convenience, 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
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
MANDATORY INJUNCTION
 

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
INJUNCTION 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 edn., Delhi Law Hose, New Delhi.

2.     G. S. Gupta : Law of Injunctions, 8th edn., Delhi Law Hose, New Delhi

3.     C.M. Row, Law of Injunctions, 9th edn., Universal Law Publishing Co. New Delhi.

Essential Reading / Recommended Reading

Isabel Parry,  Andrew Burns. Injunctions, Sweet and Maxwell Ltd

 Steven Gee, QC. , Gee on Commercial Injunctions: (formerly Mareva Injunctions and Anton Piller Relief), Sweet and Maxwell Ltd.

Ajit  Sengupta , Goyle's Law of Injunctions, 4th edn., Eastern Book Com  

Evaluation Pattern

·       CIA I – Class Test / Assignment                                           10%

·       CIA II – Mid Semester Examination                                     25%

·       CIA III – Research Paper/Assignment with Viva              10%

·       Attendance                                                                                 05%

·       End Semester Examination                                                     50%

                                                                                                    TOTAL 100%

LAW885D - INTERNATIONAL INVESTMENT LAW (2020 Batch)

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

Course Objectives/Course Description

 

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. There has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. The course will examine the background to the current international investment law regime and the sources of international investment law. Secondly, to understand the law of international investment treaties, particularly with respect to its origin, structure, content and effects with the help of decided cases and its application in the settlement of International Investment disputes.

The Course aims:

  • To encompass the history, development and under the dynamics that led to evolution of international investment law
  • To interpret the provisions of bilateral treaties and to balance between the protection of foreign investors and the right of host States to regulate in order to protect public welfare objectives
  • To introduce the application of international norms relating to international investments, with a close focus on the treaty texts and the arbitral case-law
  • To discover the legitimacy of arbitration tribunals to decide on disputes between host States and foreign investors
  • To provide a critical perspective on the function and future development of international investment law

Course Outcome

COURSE OUTCOMES:

1. Identify the advantages in permitting foreign investments.

2. List out the basic components of an international investment treaty

3. Evaluate and point out the deficiencies in the current systems of international investment arbitration.

4. Analyze the norms adopted by the international arbitrators in prospective disputes.

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Unit-3
Teaching Hours:15
International Investment Treaties
 

Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time.

Unit-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:

Rudolf Dozler and Christopher Scheruer ‘Principles of International Investment Law’ OUP,(2008)Chapter-1 Pg No. 1-30

 Page 81 of 94

2. JeswaldW.Salacuse, ‘The Law of Investment Treaties’OUP,(2010)Chapter 2(Pg no.18-37)Also Chapter -3,Pg.42-78

3. M.Sornaraj, ‘ International Law on Foreign Investment’3 rd Edn, Cambridge University Press(2010)Chapter-1 Pg.no.1-19 also Pg no.79-87

4. “ Definition of Investor and Investment in International Investment Agreements” International Investment Law: Understanding the concepts and Tracking Innovations, Published by OECD(2008) ( Pg no. 3- 55) http://www.oecd.org/daf/inv/internationalinvestmentagreements/40471468.pdf

5. Howard Mann, “Re conceptualizing the International Investment Law” 17 :2 Lewis and Clark Law Review( 2013) http://www.iisd.org/pdf/2013/reconceptualizing_investment_law.pdf

6. Stephen W. Schill, “International Investment Law and Comparative Public Law: Ways out of legitimacy crisis”(2011) paper presented at the Investment Law Forum http://www.iilj.org/research/documents/if2010-11.schill.pdf

7. Kate Miles, “International Investment Law: Origins, Imperialism and Conceptualizing the Environment” 21 Columbia Journal of International Environmental Law and Policy 1 ( 2010) Available at http://heinonline.org

8. Stephen W. Schill, “Enhancing International Investment Laws Legitimacy: Conceptual and methodological foundations of a New Public Law approach” 52 Virginia Journal of International Law 57 (2011). Available at http://heinonline.org

9. Thomas Weilde, “International Law of Foreign Investment: Towards Regulation by Multilateral Treaties” 1999 Business Law International 50. Available at http://heinonline.org

10. Rachel J.Anderson , “Towards Global Corporate Citizenship: Reframing Foreign Direct Investment Law” 18 Michigan State International Law Journal 18:1(2010). Available at http://heinonline.org

11. Kulwinder Singh, “ Foreign Direct Investment in India: Critical analysis of FDI from 1991-2005” available at http://papers.ssrn.com/sol3/papers.cfm

12. Susan D.Franck, “Foreign Direct Investment, Investment treaty arbitration and the Rule of Law”McGeorge Global Business and Development Law Journal, Vol. 19, p. 337, 2007  Available at http://ssrn.com

 

Essential Reading / Recommended Reading

Substantive protection under Investment Treaties –A legal economic analysis Jonathan Bonnticha Cambridge University Press -2014

2. The Three Laws of International Investments – National, Contractual and International frameworks for foreign capital Jeswald Salacuse Oxford University Press 2013

3. Foreign Investments, International Law and common concerns –Tullio Treves Routledge Publishers 2014

4. Foundations of International Investment Law Zachary Douglas Oxford University Press 2014

5. Treaty shopping in International Investment Law Jorun Baumgartner Oxford University Press 2016

6. International Trade and Investment Law Rafael Leal –Arcas Publishers Edward Elgar 2010

7. Settlement of Foreign disputes M.Sornarajah Kluwer Law International 2000

8. The Law of International Treaties Jeswald W.Salacuse Oxford University Press 2010  

Articles

1. Breach of Treaty Claims and Breach of Contract Claims: Is it still unknown territory?" in Arbitration under International Investment Agreements: A guide to the key issues, pp.323-350. by Mr. Stanimir A. Alexandrov (Washington DC., United States)20/10/2016http://www.arbitration-icca.org/articles.html

2. "International Arbitration as a Transnational System of Justice," in Arbitration - The Next Fifty Years, ICCA Congress Series No. 16, 2012, pp.66-73. by Prof. Dr. Emmanuel Gaillard (Shearman & Sterling LLP, Paris, France)18/10/2016   2016 http://www.arbitration-icca.org/articles.html
3. Karl-Heinz Böckstiegel, "Commercial and Investment Arbitration: How Different are they Today? (Lalive Lecture 2012), in 28 Arbitration International (2012, no. 4) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany) http://www.arbitration-icca.org/articles.html

4. Necessity in International Investment Law: Some Critical Remarks on CMS v Argentina, Gazzini, Tarcisio J. Energy Nat. Resources L. 450 (2008)

5.Human Rights and International Investment Arbitration By Clara Reiner and Christoph Schreuer http://www.univie.ac.at/intlaw/h_rights_int_invest_arbitr.pdf

6. Interpreting Investment TreatiesRoberto Castro de FigueiredoTauil & Chequer in association with Mayer Brown LLP/October 21, 2014 /

http://arbitrationblog.kluwerarbitration.com/2014/10/21/interpreting-investment-treaties/

7. Cart Before the Horse: Can MFN Clauses Expand the Key Definitions in Investment Treaties?

Louise BarberHerbert Smith Freehills/September 2, 2014http://arbitrationblog.kluwerarbitration.com/category/investment-arbitration/

8.The Futility Exception to The Exhaustion Requirement: Apotex v. United States Kluwer Arbitration Blog August 25, 2014 Julian Davis Mortenson University of Michigan Law School http://arbitrationblog.kluwerarbitration.com/2014/08/25/t

9.“White Industries” and State Responsibility: Lesser-Known Facts about the Case as discussed during the 2014 ICCA Young Arbitration Practitioners Conference Kluwer Arbitration Blog June 30, 2014

10.Predictability versus Flexibility: Secrecy in International Investment Arbitration Emilie M. Hafner-Burton, Zachary C. Steinert-Threlkeld, David G. VictorWorld Politics, Volume 68, Number 3, July 2016, pp. 413-453 Published by Cambridge University Presshttps://muse.jhu.edu/article/621688/pdf

11.  Consent to Arbitration Through National Investment Legislation  Makane Moïse Mbengue July 19th, 2012    http://www.investmauritius.com/Mauritius.aspx.

 

Evaluation Pattern

 

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

LAW885E - LAW OF WRITS (2020 Batch)

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

Course Objectives/Course Description

 

Law of Writs course consists of four units. Unit 1 deals with meaning, development nature and types of writs; Unit 2 spells out the general principles of writ jurisdiction under Articles 32 and 226; Unit 3 explains the principles of Natural Justice and Public Interest Litigation and Unit 4 examines the scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, and their position in England, United States and Canada; and Judicial activism  

This course aims to:

ØProvide an understanding of the meaning, development, nature and types of writs;

Ø  Define, explain and examine the concept of locus standi;

Ø  Spell out the general principles of writ jurisdiction under Articles 32 and 226;

Ø  Explain the principles of Natural Justice and Public Interest Litigation;

Explain and examine judicial power and its position in England, US and Canada.

Course Outcome

CO 1: Explain the meaning, development, nature and types of writs.

CO 2: Summarize the concept of locus standi.

CO 3: Examine the scope of locus standi.

CO 4: Illustrate the principles of writ jurisdiction.

CO 5: Identify the distinction between Articles 32 and 226.

CO 6: Explain the principles of Natural Justice and PIL.

CO 7: Evaluate the concept of PIL.

CO 8: Explain and compare the judicial power in England, US and Canada.

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

Unit-3
Teaching Hours:15
PRINCIPLES OF NATURAL JUSTICE AND PUBLIC INTEREST LITIGATION
 

Meaning, applicability, violation of Natural Justice, Statutory provisions and natural justice, Legislation and Policy matters- Natural Justice not applicable, Waiver of the rules, Administrative Discretion, Public Interest Litigation and writ jurisdiction of the courts.

Unit-4
Teaching Hours:15
JUDICIAL REVIEW
 

Scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, Position in England, United States and Canada, Judicial activism.

Text Books And Reference Books:

1.      Abhishek, Atrey, Law of Writs: Practice and Procedure, Lucknow, Kamal Publishers, New Delhi, 2015.

2.      Pandya, Asim, Writs and Other Constitutional Remedies, Lexis Nexis, Nagpur, 2009.

3.      Mallick, M.R., Writs: Law and Practice, Eastern Law House, Kolkata, 2008.

4.      Banerjee, Justice B.P., Writ Remedies, Lexis Nexis, Nagpur, 1987.

5.      Hansaria, Justice B.L., Writ Jurisdiction, Universal Law Publishing Co., New Delhi, 2007.

Essential Reading / Recommended Reading

1.      Abhishek, Atrey, Law of Writs: Practice and Procedure, Lucknow, Kamal Publishers, New Delhi, 2015.

2.      Pandya, Asim, Writs and Other Constitutional Remedies, Lexis Nexis, Nagpur, 2009.

3.      Mallick, M.R., Writs: Law and Practice, Eastern Law House, Kolkata, 2008.

4.      Banerjee, Justice B.P., Writ Remedies, Lexis Nexis, Nagpur, 1987.

5.      Hansaria, Justice B.L., Writ Jurisdiction, Universal Law Publishing Co., New Delhi, 2007.

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW886A - AIR AND SPACE LAW (2020 Batch)

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

Course Objectives/Course Description

 

The primary focus of the course is to impart the concept and legal aspects relating to aviation and space laws at international and national levels. Aviation industry is growing fast globally. International and national civil aviation sector is significant from legal and economic perspective. Spatially outer space commences where air space ends and it is commonly misconstrued that space law and air law have the same fundamental principles but contrary to it the two fields are remarkably distinct branches of international law. Space Law is not an extension of air law, or a continuation of it. The principal difference between the legal regimes governing air space and outer space is that the air space above a state’s territory is subject to exclusive sovereignty of respective State. Outer space is not subject to sovereignty of any states. Aviation laws and air transport are significant in the present and future centuries. Freedom of air space and sovereignty are two disputed aspects in the international aviation sector.

Course Outcome

CO1: To explain the historical development of air laws in international and national perspectives and the fundamental principles

CO2: To interpret and infer airport laws in consonance with the national and local needs

CO3: To critically analyze aviation law and its implications on environmental values applicable both at national and international levels.

CO4: To examine the dispute settlement mechanism in aviation laws and be able to suggest solutions for aviation disputes

CO5: To elucidate basic principles, features and elements of space law and governance

Unit-1
Teaching Hours:10
Introduction to Air Law
 

Definition, Nature, Scope, and Sources of Air Law: Freedom and Sovereignty in the Air

Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial Navigation

Basic Principles of Air Law: Principle of Exclusive and Total Sovereignty of State over their Air Space-Principle of the Freedom of the Fighters in International Air Space, Principle of Ensuring the Security of International Civil Aviation Organization (ICAO)

Conventions relating to Aerial Navigation: Paris Convention, 1919-Havana Convention, 1928-Warsaw Convention,1929-Chicago Convention, 1944

International Civil Aviation Organization (ICAO): Organizational Structure Legislative-Administrative and Judicial Functions-Dispute Settlement Mechanism of ICAO  

Unit-2
Teaching Hours:10
Fundamentals of Aviation Law
 

International Air Law: Origin & Development of Aviation Law in USA, UK, & EU

Chicago Convention and the Fundamental Principles: Scheduled and Non-Scheduled Air Traffic-Airline Cooperation-Nationality of Aircrafts-Rules on Airports-Jurisdiction

Carriers’ Liability under the Warsaw Convention: Applicability-Carriage Documents-Extent of the Liability of Carrier-Duration of the Liability-Jurisdiction and Procedural Aspects

Domestic Air Law: Aircraft Regulations Pre & Post-Aircraft Act, 1934-Aircraft Rules, 1937&Related Amendments 

Development of International Legal Regime: Implementation of International Air Law in India  

Unit-3
Teaching Hours:10
Aviation Law on Safety and Security
 

Legal Regime Governing Crimes on Board Aircrafts: Problem of Jurisdiction and Applicable Laws to try the Offenses on Board Aircrafts-Aviation Terrorism

Aircraft Hijacking: The Tokyo Convention-The Hague Convention to Combat Hijacking-The Montreal Convention and the Safety of Civil Aviation- Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, 2010

Security Regulations: ICAO &Directorate General of Civil Aviation (DGCA) Regulatory Approach on Safety

Regulations in India: Air Safety Provisions, Air Space & Air Traffic Management- Airline Management-State obligation to Provide Air Navigation Services

New Development in Air Law: Technological Development and Problem in Civil Aviation- Airport Management, Problems in Application of Air Laws-Liability in International Civil Aviation.

Unit-4
Teaching Hours:10
Aviation liability and Law on Air Transport
 

Product Liability in Aviation: Concept of Product Liability-Strict Liability in AviationCrashworthiness-Punitive Damages-Codification of Product Liability

Liability Insurance in Aviation: Development of Aviation Liability Insurance-Risk Evaluation-Aviation Hull Insurance-Carriers’ Liability Insurance-Flying Personnel Insurance-Insurance against Hijacking of Aircrafts

Liability for Damage Caused on Surface and During Collisions: Non-applicability of the Warsaw System-Relevance of the Rome Convention and Montreal Protocol-Risk Liability of the Operator-Liability for Noise, Sonic Boom and Crop-Dusting Air Collisions

Carrier Liability: Air Carrier Liability for Passenger Death or Injury-Loss and Damage of Air Freight-Surface Liability-Manufacturer Liability

Law on Air Transport: Bilateral Air Transport Agreements-Traffic Rights and Air Transport Agreements-Competition Law and Air Alliances.

Unit-5
Teaching Hours:10
Introduction to Space Law
 

Nature, Definition & Scope of Space Law: Development and Sources-Demarcation of Outer Space-Space Technology-Use of Space Technology-Remote Sensing-Disaster Prediction, Warning and Mitigation-Management of Earth Resources-Satellite Navigation and Location-Space Communication-Satellite Broadcasting and Telecommunication 

Development of the Space Law: UN General Assembly Resolutions-International Cooperation for Peaceful Use-Shift from Air Law to Space Law

Fundamental Principles: Province of all Mankind-Freedom of Exploration, Use and Scientific Investigation-Jurisdiction and Control-Cooperation between the States, Astronauts-Envoys of Mankind

Space Treaties: Space Treaty,1967-Rescue Agreement, 1968-Liability Convention, 1975-Registration Convention, 1975-Moon Treaty, 1979-Partial Test Ban Treaty 1963Weather Modification Convention,1977

International and Inter-Governmental Organizations: Bilateral Agreement in Space Activity-Organization of Space Activities-Department of Space (DOS) and Indian Space Research Organization (ISRO).

Unit-6
Teaching Hours:10
Space Law and Other Regulatory Issues
 

Liability and Registration: Launching State and Registering State-Liability and Responsibility Regime under the Outer Space Treaty-Absolute Liability and Fault Liability- State Liability& Responsibility for Private Space Activities-Registration and Identification

System of Financing Outer Space Activities: Increasing Private Space Activities-Asset Based Financing-UNIDROIT Convention and Draft Space Protocol

National Space Legislation: Need for National Space Legislation-Commerce Oriented Approach-US, Australian, Russian & UK Models-Indian Position

Current Development in Space Law: International Space Law Regime and Protection of Environment-Property Rights in Outer Space-Intellectual Property Rights Created in Outer Space-Space tourism.

Emerging Issues of Space Settlements & Property Rights: Question of State Sovereignty and Claim of Property Rights-Human Habitation on the Moon and Other Celestial Bodies-Protection of the Space Environment-Demilitarization of the Outer Space-International Space Station-Inventions in Outer Space   

Text Books And Reference Books:

1.      Bin Cheng, Studies in International Space Law, Oxford: Clarendon Press, 1997.

2.    Sandeepa Bhat B. (ed.), Outer Space Law: From Theory to Practice, Hyderabad: Icfai University Press, 2009.

3.     Sandeepa Bhat B. (ed), Space Law in the Era of Commercialization, Lucknow: Eastern Book Company, 2010.

4.     I.H.Ph. Diederiks-Verschoor, An Introduction to Space Law, Second revised edition, Kluwer Law International, 2010.

5.      Shyamala D. and Sandeepa Bhat B., China’s Anti-Satellite Missile Test: Political and Legal Ramifications, in Sandeepa Bhat B. (ed.), Outer Space Law: From Theory to Practice, Hyderabad: Icfai University Press, 2009.

6.      Jitendra Kumar, The Geostationary Satellite Orbit: An Overview of Issues, in V.S Mani, S. Bhat and V. Balakista Reddy (eds), Recent Trends in International Space Law, 1997.

7.      Vladimir Kopal, Introduction to United Nations Treaties and Principles on Outer Space, Proceedings of the United Nations Space Law Workshop on Capacity Building in Space Law, 2003.

Essential Reading / Recommended Reading

1.        Sairam Bhatt, Aviation Environment and World Order, APH Publishing Cooperation, New Delhi, 2013.

2.         Rodney D. Ryder, Aviation Law, Bloomsbury, New Delhi, 2019

3.         Jiefang Huang, Aviation Safety through the Rule of Law – ICAO’s Mechanisms and Practices – Aviation Law and Policy Series, Kluwer Law International, Wolters Kluwer, The Netherlands, 2009

4.         Steven Truxal, economic and Environmental Regulations of International Aviation – From International to Global Governance, Routledge Research in International Commercial Law, Oxon and New York, 2017.

5.         Michael W. Pearson, Daniel S. Riley, Foundations of Aviation Law, Ashgate, England and USA, 2015.

6.      Brian F. Havel and Gabriel S. Sanchez, The Principles and Practice of International Aviation Law, Cambridge University Press, 2014

Evaluation Pattern

CIA 1 - 20 marks

CIA 2 - Mid Semester Examinations- 50 marks

CIA 3 - 20 Marks

End Semester Examination- 100 Marks

LAW886B - FORENSIC SCIENCE AND LAW (2020 Batch)

Total Teaching Hours for Semester:65
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Forensic science plays a crucial role in the criminal justice system as it provides the scientific-based information through the analysis of physical evidence, the identity of the culprit through personal clues that associate with the criminal through objects left by him at the criminal site like a fingerprint, blood drop or hair, footprints, mobile phones or any other gadgets. The objective of this course is to understand the applicability of Forensic science in criminal investigation and the role it plays to bridge the gap between science and law, describe and catalog the kinds of forensic evidence collected at crime scenes and track the use of forensic evidence in the criminal justice system.

 

Course Outcome

CO1: Describe how scientific method is used to solve forensic problems

CO2: Analyze the role of forensic experts in civil and criminal cases.

CO3: Identify the different kinds of forensic analysis

CO4: Evaluate the requirement of forensics for crime-scene investigation

CO5: Analyze the relevance of criminal profiling for investigation

CO6: Analyze the evidentiary value of forensics in law

CO7: Comparatively analyze the rules of forensic evidence vis-a-vis UK and US jurisprudence

Unit-1
Teaching Hours:10
UNIT 1: Introduction to Forensic Science and Law
 

                                       

1.       Why Forensics?

2.       Principles of Forensic Science

3.       Forensic evidence analysis in civil and criminal cases

 

Unit-2
Teaching Hours:10
UNIT 2: Crime-scene investigation and forensic sciences
 

                       

 

1.       Evidence collection

2.       Forensic analysis

                       a. Forensic Biology/DNA

                       b. Forensic Odontology

                       c. Controlled Substances

                       d.Forensic Toxicology

 

Unit-3
Teaching Hours:15
Crime-scene investigation and Criminal profiling
 

           

 1.      Forensic analysis

a.   Forensic Anthropology

b.   Forensic Pathology

c.  Impression and Pattern Evidence

d.   Trace Evidence

e.   Cyber Forensics

f.   Ballistics

2.      Criminal profiling

 

Unit-4
Teaching Hours:15
Admissibility of forensic evidence in courtrooms.
 

 

1.       How far are these techniques legitimate?

2.       How can forensic evidence be admissible in the court of law?

3.       How can this evidence be helpful in investigation of cases?

 

Unit-5
Teaching Hours:10
Comparative Analysis of from UK, US and India
 

 

 

1.       Common law admissibility - “The Turner Test”

2.       The Daubert Decision and the Supreme Court’s Construction of Rule 702

3.       The Frye Standard and Rule 702 of the Federal Rules of Evidence  

4.       The Indian requirement of relevancy to forensics evidence.

 

Text Books And Reference Books:

 

  1. V.R. Dinkar, Scientific Expert Evidence (Eastern Law House, Calcutta, 1st edn., 2013)

  2. Stephen Breyer, Introduction to Reference manual on scientific evidence (2nd edn., 2000).

  3. Jyotirmoy Adhikary, DNA Technology in Administration of Justice (LexisNexis Butterworths, New Delhi, 2007.

  4. Dr. M.P. Kantak, Dr. M.S. Ghodkirekar and Dr. S. G. Perni “Utility Of Daubert Guidelines In India” 26(3) JIAFM 110 (2004).

Essential Reading / Recommended Reading
  1. Sharma, B.R, Scientific Criminal Investigation, Universal Law Publishing Co. New Delhi, 2006.

  2. Rogers Richard, Daniel W. Shuman, Fundamentals of Forensic Practice: Mental Health and Criminal Law, Springer Publications, USA, 2005.

  3. Stelfox, Peter, Criminal Investigation: An Introduction to Principles and Practice, Willan Publishing, USA, 2009.

  4. S. Subramanian, Forensic Science in Investigation of Crime, S. Gogia and Company, Hyderabad, 2007.

  5. Sharma, B.R., Forensic Science in Criminal Investigation and Trials, Universal Law Publishing Co., New Delhi, 2010.

  6. K. Kaul, Satyendra, Mohd. H. Zaidi, Narcoanalysis, Brain Mapping, Hypnosis and Lie Detector Tests in Interrogation of Suspect, Alia Law Agency, Allahabad, 2009.

 Cases:

1.       R. v. Mark Dallagher, [2002] EWCA Crim 1903

2.       R. v. Sally Clark [2003] EWCA Crim 1020

3.       R. v. Harris [2005] EWCA Crim 1980

4.       R. v. Gilfoyle [1996] 1 Cr App R 302, 315D-317G

5.       Selvi vs. State of Karnataka  2010 (7) SCC 263

6.       Mahmood v. State of U.P AIR 1976 SC 69

7.       Frye v. the United States 293 F.1013 (D.C. Cir. 1923)

8.       The Queen v. Bonython (1984) 38 SASR 45

9.       R. v. Mohan, [1994] 2 S.C.R. 9

10.   R. (Doughty) v. Ely Magistrates Court [2008] EWHC 522

11.   Field v. Leeds City Council [2000] 1 EGLR 54

12.   Tooth v. Jarman [2006] EWCA Civ 1028, [2006] 4 All ER 1276

13.   Kumho Tire Company, Ltd. v. Carmichael, 526 U.S. 137 (1999)

14.   General Electric v. Joiner, 522 U.S. 136 (1997)

 

Evaluation Pattern

 

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

  • CIA II – Mid Semester Examination – 25%

  • CIA III – Research Topic – 10%

  • Attendance – 05%

  • End Semester Examination – 50%

  • TOTAL 100%

LAW886C - LAW OF 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.  An efficient and well-balanced system for the protection of copyright and related rights is necessary for the preservation of national culture and identity. This course seeks to familiarize the students with the key industry concerns of the copyright-based industries. Unit 1 introduces the key concepts in respect of copyright law. Unit 2 deals with the issues pertaining to authorship and ownership of protected works. Unit 3 deals with protection of the rights of the performers. Unit 4 deal with the various modes of assignment and licensing of protected works. Unit 5 deals with infringement of copyright protected works. Unit 6 deals with fair dealing of protected works. Unit 7 addresses the issues pertaining to copyright protection in the digital world and unit 8 deals with the remedies available under copyright law.

 

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.  An efficient and well-balanced system for the protection of copyright and related rights is necessary for the preservation of national culture and identity. This course seeks to familiarize the students with the key industry concerns of the copyright-based industries.

Course Outcome

At the end of the course students will be able to -

 

  1. Identify and describe the basic requirement of copyright protection and ownership of copyrighted works.

  2. List out the rights enjoyed by copyright owners.

  3. Apply the principles of copyright protection to legal problems correctly.

  4. Analyse the principles related to infringement of copyright.

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

Unit-1
Teaching Hours:15
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 AND 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:7
PERFORMER?S 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:7
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:5
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:4
EXCEPTIONS TO COPYRIGHT
 

 

Sec. 52 of Copyright Act - Permitted Uses – Fair Use v. Fair Dealing – Scope of ‘academic use’ of copyrighted work in fair dealing

Unit-7
Teaching Hours:9
COPYRIGHT ISSUES IN 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:5
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 – Class Test / Assignment / Presentation – 10%

  • CIA II – Mid Semester Examination – 25% 

  • CIA III – Research Topic – 10% 

  • Attendance – 05% 

  • End Semester Examination – 50% 

    TOTAL 100%

LAW886D - CONFLICT OF LAWS (2020 Batch)

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

Course Objectives/Course Description

 

Conflict of Law explores one of the most complex areas of the law when legal problems transcend jurisdictional boundaries especially when two countries can apply its laws to a particular situation or transaction. The purpose of Conflict of Laws is to assist a Court in deciding a case which contains a foreign element. It consists of three main topics, namely the jurisdiction of the respective court, in the sense of its competence to hear and determine a case. Second, the selection of the appropriate rules of a system of law; domestic or foreign, which it should apply in deciding a case over which it has jurisdiction. The rules governing this selection are known as ‘choice of law’ rules. Finally, the recognition and enforcement of judgments rendered by foreign courts or awards of foreign arbitration. It is imperative to understand the concepts involved and the inter-relation between the concepts themselves; which coupled with sound logic and good language go a long way in applying the knowledge of law to a given situation.  

 

UNIT 1 aims at the basic understanding of the conceptual facets of the subject and the fundamental interpretations governing the field. UNIT 2 is an account of the different personal factors dominating the trans-national activities. UNIT 3 is designed to study the very crucial jurisdictional issues in the light of English rules. UNIT 4 aims to impart the issues relating to sovereign immunity and the status of foreign judgments. UNIT 5 looks into the marital status and child care in the wake of various transactions across the borders. UNIT 6 envisages the commercial and tortuous liability with reference to trans-national omissions and commissions. UNIT 7 is devised to study the vignettes of international litigation.

Course objectives:

1. .To understand both the theoretical framework and the functioning of international law.

2. To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

3. To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

4. Aims to impart the issues relating to sovereign immunity,marital status,child care,commercial liability,tortious liability and the status of foreign judgments.

 

5. Devised to study the vignettes of international litigation.

Course Outcome

CO 1: To understand both the theoretical framework and the functioning of international law.

CO 2: To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

CO 3: To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

CO 4: Aims to impart the issues relating to sovereign immunity, marital status, child care, commercial liability, tortious liability and the status of foreign judgments.

CO 5: Devised to study the vignettes of international litigation.

Unit-1
Teaching Hours:8
Introduction to Conflict of Laws
 

Meaning of conflict of laws, definition of country, need to plead and prove foreign law, characterization, challenges, public policy 

Unit-2
Teaching Hours:8
Personal Factors
 

Residence, domicile, domicile of corporations, domicile and nationality, persons liable for deportation and mentally disordered persons

Unit-3
Teaching Hours:8
Jurisdiction
 

Traditional English rules, principles and European rules

Unit-4
Teaching Hours:10
Sovereign and Diplomatic Immunity
 

Foreign state, foreign diplomat, recognition and enforcement of foreign judgement, foreign arbitral awards

Unit-5
Teaching Hours:10
Marriage and Child
 

Formalities of marriage, capacity to marry, consanguinity and affinity, polygamous marriages, matrimonial causes, recognition of divorces, separations and annulments, financial relief, child care and child abduction, child adoption

Unit-6
Teaching Hours:10
Torts, Contracts and Property
 

Rome Conventions I and II, product liability, unfair competition, environmental damage, defamation, consumer contracts, jurisdiction over immovable property, governmental seizure of property

Unit-7
Teaching Hours:6
International Litigation
 

Substance and procedure, parties and service of process, evidence, remedy. 

Text Books And Reference Books:

1. Setalvad, Atul M. Conflict of Laws. 2nded. New Delhi: LexisNexis ButterworthsWadhwa Nagpur, 2009.

2. Briggs, Adrian. The Conflict of Laws. Oxford: Oxford University Press, 2002.

3. McClean, David and KischBeevers. The Conflict of Laws. London: Sweet and Maxwell, 2009.

4. Hood, Kirsty J. Conflict of Laws within the U.K. Oxford: Oxford University Press, 2007.

5. Collins, Sir Lawrence. Dicey, Morris and Collins on the Conflict of Laws. 2 Vols. 14th ed. London: Sweet and Maxwell, 2006.

6. Mayss, Abla. Principles of Conflict of Laws. 3rd ed. London: Cavendish Publishing Limited, 1998.

Essential Reading / Recommended Reading

1. Collier, J. G. Conflict of Laws. 3rd ed. London: Cambridge University Press, 2001.

2. Symeonides, Symeon C. Conflict of Laws: American, Comparative, International. St. Paul Minn: West Group, 1998

3. RajatDosti, “Validity Of Marriage And Conflict Of Laws”, 2010 ILI Law Review 269

4. Linda Silberman, "Judicial Jurisdiction in the Conflict of Laws Course: Adding a Comparative Dimension", 1995 (28) Vanderbilt Journal of Transnational Law 389

5. Linda Silberman, "Some Judgments on Judgments: A View from America. Graveson Lecture", 2008 (19) Kings’s Law Journal 235

6. Linda Silbermanand Karin Wolfe, “The Importance of Private International Law for Family Issues in an Era of Globalization: Two Case Studies – International Child Abduction and Same-Sex Unions”, 2003 (32) Hofstra Law Review 233

 

 

Evaluation Pattern

 CIA I- Class Test 20 marks             - 10%

CIA II - Mid Semester Examination - 25% 

CIA III - Problem related exercise    – 10%

Attendance                                        - 05%

End semester examination               - 50%

Total                                                  -100%

 

 

LAW886E - INTERNATIONAL CRIMINAL LAW (2020 Batch)

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

Course Objectives/Course Description

 

International Criminal Law (ICL) is a subset of Public International Law that deals with the trial and punishment for international crimes. Quite different from public international law, ICL focuses on individuals and the concept of individual criminal responsibility. Individual criminal responsibility has to do with establishing the guilt of an individual as a partaker in the commissioning of international crimes. Undoubtedly, mens rea and actus reus play a crucial role in the establishing of guilt of individuals in international crimes. Defenses to criminal intent also play a crucial role in confirmation of the indictment against the accused. The procedure towards conducting a criminal trial before an ordinary national court is very much the essence of international criminal court/ tribunals also. The purpose of this course is to provide an insight into the distinct features of ICL, the basic principles pertaining to ICL and to understand the working of ICL through International Criminal Court and other fora.

Course Outcome

CO1: Demonstrate a clear understanding of the development of and importance of international criminal law.

CO2: Identify the sources of international criminal law.

CO3: Recall the evolution and development of the concept of individual criminal responsibility.

CO4: Enumerate and describe in detail the defences to liability under international criminal law.

CO5: Classify and analyse the crimes of Genocide, Crimes against humanity, War crimes and aggression.

CO6: Analyse the procedures of the ICC.

Unit-1
Teaching Hours:12
MODERN HISTORY OF INTERNATIONAL CRIMINAL LAW
 

International Military Tribunal, Nuremberg trials, International Military Tribunal for the Far East, ICTY, ICTR, ICC

Unit-2
Teaching Hours:8
FRAMEWORK OF INTERNATIONAL CRIMINAL LAW
 

Sources of International Criminal Law, international criminalisation process, enforcement of international criminal law, jurisdiction under international criminal law

Unit-3
Teaching Hours:12
INDIVIDUAL CRIMINAL RESPONSIBILITY
 

Concept of individual criminal responsibility, evolution, actus reus, mens rea, analysis of various forms of actus reus and mens rea

Unit-4
Teaching Hours:12
DEFENCES IN INTERNATIONAL CRIMINAL LAW AND THE STATUS OF MINORS
 

Superior orders, duress and necessity, self-defense, intoxication, mistake of fact or law, mental incapacity

 

Unit-5
Teaching Hours:12
CRIMES UNDER THE ICC STATUTE
 

Genocide, Crimes against Humanity, War Crimes, Aggression

Unit-6
Teaching Hours:4
THE WORKING AND PROCEDURE OF ICC
 

Working of the ICC, internationalised domestic tribunals, Indian perspectives on ICC, mutual legal assistance mechanisms

Text Books And Reference Books:
  1. IIias Bantekas and Susan Nash, International Criminal Law, 3rd edition, 2007
  2. Robert Cryer et.al, International Criminal law and Procedure, 2nd ed. Cambridge, 2010
  3. William A. Schabas, The International Criminal Court: A Commentary of the Rome Statute, Oxford, 2010.
  4. Alamuddin et al (eds.), The Special Tribunal for Lebanon, 2014, Oxford Books.
  5. Waters, The Milosevic Trial, 2014, Oxford Books.
  6. Heller and Simpson (eds), The Hidden Histories of War Crimes Trials, 2014, Oxford Books.
  7. Shahabuddeen, International Criminal Justice at the Yugoslav Tribunal, 2014, Oxford Books.
  8. Jorgensen, The Responsibility of States for International Crimes, 2012, Oxford Books.
Essential Reading / Recommended Reading

·         London Agreement

·         Nuremberg Charter

·         Tokyo Charter

       ICC Statute

·         ICTY Statute

·         ICTR Statute

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW951 - LAW OF TAXATION (2019 Batch)

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

Course Objectives/Course Description

 

 

The course primarily focuses on providing an overview on matters relating to Indian tax laws in a systematic manner. The course being divided into two parts i.e., direct and indirect taxes, help the students understand the significant aspects of tax laws. The main aim of this course is to impart knowledge to the students about basic principles as enunciated through legislative provisions and case laws. Through this course, students are equipped to apply the principles and provisions of tax laws and are guided to interpret and understand the taxation statutes and judgments.

The course is designed to incorporate eight units. Unit 1 provides a historical account of taxation and constitutional footing of the same in India. Unit 2 covers the fundamental notions of the Income Tax Act, 1961 and its underlying concepts. Unit 3 deals with the tax treatment under heads of salary and house property. The aspects of tax treatment under the head profits and gains under business or profession and capital gains are covered in Unit 4. Unit 5 dwells into the computation of income from other sources, provisions of set off and carry forward. Unit 6 aims to understand the determination of tax liability as an important component of tax regime. Unit 7 deals with Goods and Service Tax and the statutory requirements pertaining to the same.

The Course aims to:

·       Introduce the basic concepts of taxation and have a broad understanding of evolution of taxing statutes in our nation

·       Enhance the skills of interpretation and the application of the traditionally established principles of law in taxation

·       Acquaint with the basics of different heads of income and their applicability

·       Provide in- depth understanding of the existing legal framework through case law analysis

·       Introduce practical aspects that the student might encounter while applying concepts of taxation

·       Develop skill of reasoned application of principles of interpretation in taxing statutes and cases

Course Outcome

CO1: Describe the basic concepts relating to Income Tax Act, 1961 and GST Act, 2017

CO2: Explain different types of incomes, their taxability, expenses and deductibility

CO3: Interpret the provisions and cases relating to tax laws

CO4: Learn various direct and indirect taxes and their implication in practical situations

Text Books And Reference Books:
Essential Reading / Recommended Reading
Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW952 - LAW OF EVIDENCE (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.

Course Objectives:

1. To understand and apply the rules of evidence.

2. To learn associated trial and lawyering skills.

3. To be able to synthesize the rules and use them in the context of a trial or other Proceedings.

4. To be able to apply the rules of evidence to a wide variety of fact situations.

5. To develop competent advocacy skills relating to evidence issues.

 

 

Course Outcome

CO1: Identify the elementary principle of the Law of Evidence, the general nature of evidence law and different types of evidence.

CO2: Evaluate the rules relating to the relevancy and admissibility of certain facts such as admission, confession, and dying declaration.

CO3: Make an argument for or against the admissibility of evidence including that which has been unlawfully obtained, or of character evidence.

CO4: Analyze the relevancy of opinions, expert testimony and hearsay 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:6
INTRODUCTION
 

 

Objects and Reasons of India Evidence the Act 1972, definitions of: “fact”, “facts in issue”, “relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may presume”, “shall presume” and “conclusive proof”.

 

UNIT 2
Teaching Hours:10
RELEVANCY OF FACTS
 

 

Motive, preparation, previous or subsequent conduct, role of motive in an offence, facts necessary to explain or introduce relevant facts, identification of accused, existence of conspiracy, significance of common intention etc.

 

UNIT 3
Teaching Hours:8
ADMISSIONS AND CONFESSION
 

 

Admission defined. Oral admissions, admission in civil cases, confession, information received from accused etc.

 

UNIT 4
Teaching Hours:4
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESS
 

 

Who is dead or cannot be found: Statements made under special circumstances Entries in books of account, public record or electronic record, maps, charts & plans, law contained in law books.

 

UNIT 5
Teaching Hours:8
JUDGMENT AND OPINIONS
 

 

Previous judgements, judgements in probate etc, fraud or collusion in obtaining judgement or incompetence of court may be proved.

Opinion of experts, handwriting, digital signature, existence of right or custom, usages, tenets, opinion on relationship, grounds or opinion.

 

UNIT 6
Teaching Hours:4
CHARACTER
 

 

Civil cases and criminal case, previous bad character, character as affecting damages.

 

UNIT 7
Teaching Hours:6
WINTNESSES AND PROOF OF FACTS
 

 

Witnesses, who may testify, judges and magistrates, communication during marriage, professional communications, confidential communication, accomplice.

Facts judicially noticeable, facts admitted

 

UNIT 8
Teaching Hours:4
ORAL EVIDENCE
 

 

Proof of facts by oral evidence. Direct and Hearsay Evidence. Exclusion of Oral by Documentary Evidence, Evidence of Terms of Contracts, Grants Etc.

Examination of Witness: Examination-in-chief, leading questions, cross examination, indecent and scandalous questions, impeaching credit of witnesses, refreshing memory, production of documents, judge’s power to put questions etc. Improper admission and rejection of evidence.

 

UNIT 9
Teaching Hours:4
DOCUMENTARY EVIDENCE
 

 

Contents of documents, primary & Secondary evidence, proof of signature, attesting witness – public & private documents, certified copies, official documents – Presumption as to Documents:Genuineness of certified copies, record of evidence, gazettes, books, collection of laws and report of decisions, powers-of-attorney, digital signature, foreign judicial records, maps, charts, telegraphic messages, documents 30 years old & electronic records 5 years old.

 

UNIT 10
Teaching Hours:6
BURDEN OF PROOF
 

 

On whom burden of proof lies, burden of proving fact to be proved to make evidence admissible, exceptions, presumption as to dowry death, presumptions in cases of rape.

 

Text Books And Reference Books:

1.Singh, Avtar. Principles of the Law of Evidence. Allahabad: Central law Publications, 21st Edition 2014.

2. Lal, Batuk. BatukLal’s Law of Evidence. Allahabad: Orient Publishing Company 2014.

3.  Dr.V.Nageswara Rao: The Indian Evidence Act, Lexis Nexis, Second Edition 2015.

4.  Dr.Asis Mallick: Law of Evidence : Eastern Law House, 1st Edition, 2011.

5.      Nandi. Indian Evidence Act, Kolkata: Kamal Law House, 2005.

6.  Mishra, Ranganath. Supreme Court on Evidence Act. New Delhi: Bharat Law House 2009.

 7.   Vepa P Sarathy’s Elements of Law of Evidence: Eastern Book Company, Lucknow.

 8.  S.V.Joga Rao: Evidence: Cases and materials, Lexis Nexis,Butterworths, 2003.

 

 9.  Indian Evidence Act, 1872. New Delhi: Universal Law Publishing.

Essential Reading / Recommended Reading

 

  • Ratanlal & Dhirajlal: The Law of Evidence, Wadhwa Company, Nagpur , 2014.

  • Woodroffe and Amir Ali (Revised by: B.M.Prasad,Manish Mohan) , Lexis Nexis, 2012.

  • Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2010.

  • Sarkar S.C, Commentary on Indian Evidence Act, 1872., Vol. 1 & 2: Dwivedi Law Agency, Allahbad.

  • Field. Field’s Commentary on Law of Evidence. Delhi: D. L. House, 2006

Evaluation Pattern

1)      CIA 1 – 10%

2)      CIA 2 – 25%

3)      CIA 3 – 10%

4)      End Sem – 50%

LAW963 - COMPETITION LAW (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.

 

·      Course Objectives :

  •   To equip students with an understanding of principles of Competition law, together with the ability to subject it to critical, legal and economic analysis.
  •  To provide an understanding of fundamentals of market economy and extensive knowledge of application of competition policy on such systems in India.
  • To study the developments of the policy of free and fair Competition in India in the light of latest  legal developments, from MRTP to the Competition Act.
  • To study and understand the working of Competition Law Enforcement and compare the same with US and EU.
  • To compare substantive laws relating to Competition in India, EU and US, including the control of monopoly and oligopoly, merger control, anti-competitive agreement and abuse of dominant position.

 

Course Outcome

CO1: 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: Test the strategies and mechanisms of Competition Law Enforcement and compare the same with US and EU.

CO3: Analyse and apply economic theory and the legal requirements of CCI and COMPAT/NCLAT to determine and resolve complex Competition Law issues.

CO4: Examine the challenges faced by corporations when they expand in an organic or the non-organic manner into new territories, markets and products

CO5: Independently research and evaluate solutions to more complex Competition laws, economic, legal and enforcement issues through interdisciplinary learning

Unit-1
Teaching Hours:6
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:10
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:8
ANTI- COMPETITIVE AGREEMENTS
 

 

·         Anti competitive agreements: Concept, forms and treatment in India

 Parallel import

 Treatment of anti- competitive agreements under USA, EU, UK, Australia

 

Unit-4
Teaching Hours:8
ABUSE OF DOMINANT POSITION
 

·         Abuse of dominant position: Concept, forms and treatment in India

·         Essential facilities doctrine

·         Refusal and abuse of dominant position

·         Pricing strategies and abuse of dominant position

Treatment of abuse of dominant position under USA, EU, UK, Australia

 

Unit-5
Teaching Hours:10
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:4
COMPETITION COMMISSION OF INDIA
 

 

·        Constitution and Composition of Commission Powers of the Commission

Role of the DG

Appellate Tribunal

Penalties & remedies

 

Unit-7
Teaching Hours:4
AUTHORIZATION AND NOTIFICATION
 

·       Concept of authorization and notification

     Process for notification and authorization

     Treatment of authorization and notification under USA, EU, UK, Australia

     Concept of authorization and notification, Process for notification and authorization, Treatment of authorization and notification under USA, EU, UK, Australia

Unit-8
Teaching Hours:8
IPR AND COMPETITION LAW
 

 

Theoretical basis of IPR and Competition law

TRIPs and its impact on competition law regime

Abuse of IPR and competition law (agreements, abuse of dominant position, combination)

Doctrine of exhaustion and it’s treatment

Modern trend to the conflict in IPR and Competition law 

 

Unit-9
Teaching Hours:8
MODERN DIMENSIONS OF COMPETITION LAW
 
 

WTO and it’s impacts on Competition Laws with reference to UNCTAD

International enforcement and judicial assistance

Applicability of competition law into agricultural sector

Dumping

State aid

Recession

Text Books And Reference Books:
  • Whish, Richard. Competition Law. London: Oxford University Press, 2009.
  • Furse, Mark. Competition Law of the EC and UK. London: Oxford University Press, 2008.
  • Dugar, S. M. Guide to Competition Law: Containing Commentary on Competition Act, MRTP Act and Consumer Protection Act. LexisNexis-Butterworths Wadhwa Nagpur, 2010.
  • Dhall, Vinod. Competition Law Today: Concepts, Issues, and the Law in Practice. New Delhi: Oxford University Press, 2007.
  • Ritter, Lennart. European, Competition Law: A Practitioners Guide. Netherlands: Kluwer Law International, 2004.
  • Rodger, Barry J. Competition Law and Policy in the EC and UK. London: Cavendish, 1999.
  • Dabbah, Maher M. EC and UK Competition Law: Commentary, Cases, and Materials. London: Cambridge University Press.
  • Mittal, D. P. Competition Law and Practice. New Delhi: Taxmanns Allied Services, 2008.
  • Ramappa, T. Competition Law in India: Policy, Issues, and Developments. New Delhi: Oxford University Press, 2006.
Essential Reading / Recommended Reading

  1. Ioannis, N. Kessides. Reforming Infrastructure: Privitization, Regulation, and Competition. Washington D. C.: World Bank, 2004.
  2. Karmerling, Alexandra. Restrictive ConvenantsUnder Common and Competition Law. London: Sweet and Maxwell, 2007.
  3. Nazzini, Renato. Concurrent Proceedings in Competition Law. London: Oxford University Press, 2007.
Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LAW984A - HUMAN RIGHTS AND BUSINESS ACCOUNTABILITY (2019 Batch)

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

Course Objectives/Course Description

 

The development of a universal standard for human rights including UN Charter and UDHR for businesses, the relationship between civil and political rights, and economic, social and cultural rights and concerns of transnational and multinational corporations, the concern of technologies, political changes and sociological vagaries effecting  labor rights as human rights.

 

Course Outcome

CO1: To equip students with skills to identify and analyse corporate human rights challenges faced by developed and developing nations.

CO2: To examine the implementation standards in business and human rights standards as mentioned in international instruments.

CO3: To identify the state existing obligations to respect, protect and fulfil human rights obligations by corporate entities.

CO4: To identify specialized organs for governance including civil societies for specialized functions requires for compliance human rights standards.

CO5: To analyse the concept of transnational liabilities in cases of cross-border human rights.

Unit-1
Teaching Hours:12
International development of human rights in businesses
 

1.1 The development of a universal standard for human rights including UN Charter and UDHR for businesses.

1.2 The relationship between civil and political rights, and economic, social and cultural rights and concerns of transnational and multinational corporations.

      1.3 The concern of technologies, political changes and sociological vagaries effecting  labor rights as human rights.

 

Unit-2
Teaching Hours:12
Business Practice and its impact on human rights
 

Due Diligence: The principles for companies to accept a “responsibility to respect” human rights, Human Rights Impact Assessment : Companies engaging with stakeholders – home and host governments, their own employees (as well as people working for the company indirectly through the supply chain), consumers, NGOs, unions, the media, investors, and the broader public purview, Corporate criminal liability: Restrictions and limitations of civil and criminal remedies, Remedies (Civil and Criminal against corporations), Operational-level Grievance Mechanisms

Unit-3
Teaching Hours:12
Corporate Accountability
 

3.1 Developing industry standards and metrics: Manufacturing: Labour and workplace safety issues in the supply chain (including cross border transactions). Extractive industries: keeping people and assets secure, especially in conflict zones. Private security contractors: Developing securing practices that respect rights. ICT and business: privacy and Internet freedom. 3.2 Human Rights in corporate strategies and policies. 3.3 National Action Plans and Strategies in corporate management.3.4 Country Risk Assessment and Impact Assessment at both corporate and operational  levels

Unit-4
Teaching Hours:12
Business and Peacebuilding
 

4.1 Human Rights play into notions of business sustainability: Trade-off between greater reporting and transparency and legal remedy.

4.2 Business for Peace (B4P): The history of business, peace and international development

 4.3 The development of ‘business case’ for being involved in peace building

 4.4 Peace agendas and competing goals between risk management, CSR and public relations

        4.5 Public policy for conflict-sensitive businesses

        4.6 Gentle Commerce: Business, Peace and Sustainable Development.

 

Unit-5
Teaching Hours:12
Specific Human Rights in businesses
 

5.1 Labour Rights : The concern of labour at international and regional level with special  reference to gig workers.

5.2  Land Rights : Land acquisition concerns at international and regional levels

Mega-Sporting Events and Human Rights, “Shared Value” and Human Rights

5.3 Human Rights violations in whistle blowing incidents

5.4 Gender, Business and Human Rights Issues

5.5 Surveillance and Tracking: The focus would be on human rights due diligence and risk mitigation for a wide range of products and services, including sensors, biometric identification, data analytics, internet surveillance tools, non-cooperative location tracking, and recording devices. Case studies of, United State Surveillance mechanisms and OECD 2019 AI guiding principles

5.6 Social media platforms as business entities

 

Text Books And Reference Books:

Essential references:

 

·       Case Studies, European Law Institute, https://www.europeanlawinstitute.eu/projects-

            publications/completed-projects/business-and-human-rights/case-studies-business-human-

            rights/.

·       Report: Case studies of alleged human rights & environmental harm linked to EU companies demonstrate need for EU due diligence laws, Business and Human Rights Resource Centre, https://www.business-humanrights.org/analyses-case-studies-of- alleged-human-rights.

·       Business and Human Rights Violation: A Study on Selected Corporate Human Rights

            Violation Cases in India, https://www.ejournalofbusiness.orno6/vol3no6_1.pdf.

·       David Kinley & Junko Tadaki, “From Talk to Walk: The Emergence of Human Rights

            Responsibilities for Corporations at International Law”, (2003-04) Vol.44 (4) Virginia

            Journal of International Law, pp.931-1024, http://www.cbsnews.com/stories. html. “The      Case for Social Responsibility”, speech by Lord Browne at BSR Annual Conference, 1998, (www.bp.com). http://www.africare.org/news/news_release/nigeria. html

·       Holwick S (2002) transnational corporate behavior and its disparate and unjust effects on the

            indigenous cultures and the environment of developing Nations: Jota v Texaco, a case study.     Colorado J Int Law Policy 11:183

·       Deva S (2012) Regulating corporate human rights violations: humanizing business.

Routledge, London

·       Bassiouni MC (2008) Extraterritorial jurisdiction: applications to “terrorism”. In: Jackson J,

·       Langer M, Tillers P (Eds) Crime, procedure and evidence in a comparative and international

context: essays in honour of Professor Mirjan Damaska. Hart, Oxford, p 201

·       A Compilation of Case Studies on Business and Human Rights, https.

Mofa.gp.jp/files/100348374.pdf.

 

 

 

 

Essential Reading / Recommended Reading

NA

Evaluation Pattern

Assessment outline:

CIA I- 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III –20 marks - 10%  

Attendance - 05%

End semester examination –100 marks - 50%

LAW984B - 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

 

The main objective of this course is to acquaint the student of law with the Historical perspective of sports regulation, commercialization of sports, legal regulation of sports governing bodies, intellectual property rights and sports.

COURSE OBJECTIVES

1. To understand the sociology of sports – in political, social, economic and cultural context

2. To apply traditional principles of contract law to sports contracts

3. To study and apply the interplay between sports and tortious acts

4. To understand the extent of applicability of criminal law to sporting activities

5. To study and analyze the legal regulation for drug abuse, discrimination, safety and employment issues in sports

6. To understand the interface between sports, intellectual property rights and antitrust issues via of case law

 

7. To understand and analyze dispute settlement mechanism

Course Outcome

CO1: 1. To be able to draft sports contracts by incorporating special clauses. (Employability)

CO2: To apply tort law and criminal law provisions in civil and criminal litigations.

CO3: To apply international procedural rules in sports disputes. (International perspective)

CO4: To represent clients in gender discrimination, doping, and employment issues. (SDG 5)

CO5: To argue on IPR and anti-trust issues arising out of sporting activities.

CO6: To draft a model sports law under the Indian legal regime. (Employability)

Unit-1
Teaching Hours:10
HISTORICAL PERSPECTIVE ON SPORTS REGULATIONS
 

·         Definition of sports

·         Sociological and political aspects of sports

·         Need for legal definition

·         History of sports and historical perspectives of sports regulations and various regulatory regimes.

Unit-2
Teaching Hours:10
COMMERCIALIZATION OF SPORTS AND MODELS OF REGULATION
 

·         Commercialization of sports

·         The normative rule structure of sports

·         Challenges to the rules

·         Juridification of sports – the role of law

·         Different types of sporting bodies

Unit-3
Teaching Hours:10
LEGAL REGULATION OF SPORTS GOVERNING BODIES
 

·         Self regulation and its evaluation

·         Judicial review

·         Alternate dispute mechanisms in sports

·         Sports ombudsman

·         Legal regulation of doping in sports

·         Sports participants and the law of discrimination

Unit-4
Teaching Hours:10
CONTRACTUAL TERMS AND OBLIGATIONS
 

·         Contractual obligations and the player’s obligations

·         Prohibition against certain activities

·         The employer’s obligation

·         Other terms and conditions

(primacy and regulatory authorities, term and termination, decipline)

Unit-5
Teaching Hours:10
INTELLECTUAL PROPERTY RIGHTS AND SPORTS
 

·         Intellectual property rights and sports –how can it be protected?

·         The importance of branding

·         Trademarks, copyrights and patents

·         Sports personality rights

·         Unfair competition

 

Unit-6
Teaching Hours:10
SAFETY IN SPORTS: LEGAL ISSUES
 

·         Controlling participator law by criminal law

·         Defences in criminal law

·         Criminal law punishments

·         Tort and extending tortuous liability

·         Compensation in torts

·         Safety of spectators and participants and stadium safety.

Text Books And Reference Books:

1.      Sports Law, third edition, Simon Gardiner and mark James , Cavendish Publishing Ltd.

2.      Law and the business of sports, David Griffith Jones, Butterworths publishers.

3.      Sport and the Law, Edward Grayson, Tottel Publishing.

4.      Sport and the Law: The Scott Perspective, William J Stewart, T&T Clark Edinburgh 2000.

5.      Sports Law and Regulations, Mitten Davis and Smith Berry, Aspen Publishers, Wolters Kluwer(Law and Business)

Essential Reading / Recommended Reading

     Sports Law, third edition, Simon Gardiner and mark James , Cavendish Publishing Ltd.

2.      Law and the business of sports, David Griffith Jones, Butterworths publishers.

3.      Sport and the Law, Edward Grayson, Tottel Publishing.

Evaluation Pattern

SCHEME OF VALUATION

 

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

LAW984C - LAW OF INDIRECT TAXATION (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 is specifically designed to conceptualise indirect taxes in India and the principles underlying them. Unit 1 deals with tracing the historical evolution along with constitutional correlation whereas Unit 2 deals with Customs Act and its details. Unit 3 deals with GST along with procedural aspects and Unit 5 provides an in-depth understanding relating to compliance requirements in terms of law relating to customs and GST. The last unit deals with the evaluation of export incentives and import restrictions in India with reference to Foreign Trade Policy.

Course Outcome

Unit-1
Teaching Hours:12
INTRODUCTION TO INDIRECT TAX SYSTEM
 

1) Definition and Types

  1. a)  Indirect Tax v. Direct Tax

  2. b)  Types of Indirect Taxes

    i) Value Added Tax
    ii) Sales Tax
    iii) Service Tax
    iv) Goods and Services Tax

  3. v) Custom Duty

    vi) Excise Duty
    vii) Others such as Luxury Tax, Entertainment Tax

2) Principles of Indirect Taxation 

a) Principles

i) Tax Incidence

ii) Neutrality

iii) Certainty

iv) Simplicity

b) Impact of Indirect Taxation

3) Constitutional Correlation

  1. a)  Constitutional Provisions- Centre-State Division of Powers of Taxation

  2. b)  Constitutional Amendments- Creation of GST and Subsumption of Other Indirect Taxes

4) Historical Evolution

  1. a)  Pre-Independence Era

    i) Salt Tax
    ii) Excise Duty
    iii) Land Revenue

  2. b)  Post-Independence Era 

  3. i) VAT

    ii) Service Tax

  4. iii) GST

Unit-2
Teaching Hours:12
CUSTOM DUTY
 

1) Basic Concepts

  1. a)  Introduction

  2. b)  Definitions

  3. c)  Appointment of Custom Ports

  4. d)  Prohibition of Importation and Exportation of Goods

  5. e)  Prevention or Detention of Illegal Export of Goods

  1. 2)  Classification and Valuation of Imported Goods

    1. a)  Concept of Value

    2. b)  Common Terms and Technical Terms

    3. c)  Computation of Assessable Value, Valuation of Goods based on Sec.14

    4. d)  Customs Valuation (Determination of Value of Imported Goods) Rules, 2007

    5. e)  Customs Valuation (Determination of Value of Export Goods) Rules, 2007,

      Date for Determination of Rate of Duty and Tariff Value

  2. 3)  Levy and Exemptions from Customs Duty

    1. a)  Basic Customs Duty

    2. b)  Protective Duties

    3. c)  Countervailing Duty on Subsidised Goods

    4. d)  Anti-Dumping Duty

    5. e)  Cess

  3. 4)  Warehousing and Duty Drawback

    1. a)  Provisions for Home Consumption

    2. b)  Removal of Goods from Warehouse

    3. c)  Manufacture in Bonded Warehouse

    4. d)  Re-export of Duty Paid Imported Goods

    5. e)  Drawback on Imported Goods used in Manufacture of Export Goods

  4. 5)  Procedural Aspects of Customs Duty
    a) Procedure for Clearance of Imported Goods

  5. b) Procedure for Clearance of Export Goods

    c) Procedure for Postal Articles

Unit-3
Teaching Hours:12
GOODS AND SERVICES TAX
 

1) Introduction to GST 

a) Definitions

i) Consideration
ii) Continuous Supply of Goods and Services
iii) CGST
iv) SGST
v) IGST
vi) Input Tax
vii) Input Tax Credit
viii)Inter and Intra State Supply of Goods and Services ix) Output Tax
x)Outward Supply
xi) Place of Supply and Business

  1. 2)  Levy, Collection, Time and Place of Supply

    1. a)  Scope of Supply

    2. b)  Levy and Collection of Tax

    3. c)  Tax Liability on Composite and Mixed Supplies

    4. d)  Time of Supply of Goods and Services

    5. e)  Value of Taxable Supply

    6. f)  Place of Supply

  2. 3)  GST Registration, Rates, and Exemptions

    1. a)  Person Liable and Not Liable

    2. b)  Procedure for Registration

    3. c)  Deemed Registration

    4. d)  Amendment, Cancellation and Revocation of registration

  3. 4)  Input Tax Credit and its Utilisation

    1. a)  Eligibility and Conditions

    2. b)  Apportionment of Credit and Blocked Credit

    3. c)  Availability of Credit in Special Circumstances

    4. d)  Input Credit for Job-Work

    5. e)  Manner of Distribution of Credit by Input Service Distribution

  4. 5)  Miscellaneous

    1. a)  Tax Invoice

    2. b)  Credit and Debit Notes

    3. c)  Prohibition of Unauthorised Collection of Tax

    4. d)  Claims, Matching, Reversal, Reclaim

    5. e)  GST Audit

    6. f)  GST Assessment

    7. g)  GST litigation

    8. h)  Advance Rulings

Unit-4
Teaching Hours:12
CUSTOMS AND GST COMPLIANCE
 
  1. 1)  Procedures for Filing Customs and GST Returns

    1. a)  Overview of Customs and GST returns

    2. b)  Types of Customs and GST returns

    3. c)  Due dates for filing Customs and GST returns

    4. d)  Penalties for non-compliance

  2. 2)  Customs and GST e-way Bills

    1. a)  Meaning and Definition of E-way bills

    2. b)  E-way Bill Generation Procedures

    3. c)  Validity and Cancellation of E-way bills

    4. d)  Compliance requirements for businesses

  3. 3)  Customs with GST- Refunds, Compliance Rating and Anti- Profiteering Provision

a) Process of Refunds
i) Procedure for Claim Customs and GST Refunds

  1. b)  Compliance Rating

    1. i)  Factors Affecting Compliance Rating

    2. ii)  Consequences of Non-Compliance

  2. c)  Anti-Profiteering i) Applicability

ii) Procedure for Compliance

4) Practical Issues and Challenges in Indirect Tax Compliance

  1. a)  Lack of Awareness and Understanding

  2. b)  Technical Glitches in Filing Returns and Generating E-way Bills

  3. c)  Ambiguity in Interpreting Indirect Tax Laws

  4. d)  Compliance Costs for Businesses

Unit-5
Teaching Hours:12
FOREIGN TRADE POLICY
 
  1. 1)  Overview of Foreign Trade Policy

    1. a)  Meaning

    2. b)  Types

      1. i)  Import-Substitution Policy

      2. ii)  Export-Oriented Policy

      iii) Bilateral/Multilateral Trade Policy

    3. c)  Legal Framework

    4. d)  Role of Trade Agreements and Government Agencies

  2. 2)  Export Promotion Schemes and Import Restrictions

    1. a)  Types of Export Incentives and Schemes

      1. i)  Merchandise Exports

      2. ii)  Service Exports

      3. iii)  Export Promotion Capital Goods Schemes

      4. iv)  Advance Authorisation Schemes

      5. v)  Duty-Free Import Authorisation Schemes

    2. b)  Import Restrictions and Licensing

      1. i)  Tariff and Non-Tariff Barriers

      2. ii)  Licensing Requirements

  3. 3)  SEZs

    a) Definition

    1. b)  Indirect Tax Implications

    2. c)  Custom Duty Exemptions

    3. d)  Import Export Procedures

    4. e)  GST Exemption

    5. f)  GST Compliance

    6. g)  Impact of GST on Business Operating in SEZs

    4) EOU schemes

    1. a)  Meaning and Definition

    2. b)  Custom Duties- Impact and Exemption

    3. c)  GST- Impact and Exemption

    4. d)  Refund of Input Tax Credit and Accumulated Input Tax Credit

    5. e)  Obligations for EOUs under GST

    6. f)  Role of Technology in promoting EOU schemes and Improving Compliance

Text Books And Reference Books:

1) Indirect Taxes: Law and Practice- M P Vijay Kumar

2) Customs Law Manual- S R Sarthi

3) Goods and Services Tax: Law and Practice- V.S. Datey

4) Goods and Services Act, 2018

5) Customs Act, 1962

Essential Reading / Recommended Reading

1) GST Manual - Containing GST Law with Rules- Sanjiv Agarwal

2) GST Ready Reckoner- V.S. Datey

3) GST Tariff with GST Rate Reckoner- Taxmann Publications

4) Customs Law and Procedures- Sanjiv Agarwal

5) Customs Tariff with New Import Policy- Taxmann Publications

Evaluation Pattern
  • CIA I- 10 marks
  • CIA II- 25 marks
  • CIA III- 10 marks
  • Attendance- 5 marks
  • ESE- 100 marks

LAW984D - 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

 

Unit 1 provides an understanding of the philosophies of Antitrust and Patent law and the patent-competition law interplay. Unit 2 studies the patent system and the economic functions in the 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, and Unit 5 deals with patent hold-ups and misuse. Unit 6 equips the students with agreements concerning patented technology.

 

Course Outcome

CO1: Describe the relationship between antitrust and patent law.

CO2: Compare and contrast the patent system in the US, EU and India.

CO3: Apply the FRAND terms to a hypothetical problem based on Standard Essential Patent.

CO4: Evaluate the patent related problems like patent hold-up, patent ambush, patent misuse, patent trolls, patent technology agreements and suggest legal solutions to tackle the problems.

CO5: Suggest legal solutions to contemporary patent related problems.

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:10
Understanding Patent ? Competition law interface
 

Evolving views of patent-competition law intersection – scope of patent theory- antitrust – IP interface – Rethinking on Patent-Antitrust relationship

Unit-4
Teaching Hours:10
Specific issues in Technology markets
 

Market definition – patented technology and market – market power – patent monopoly power – Antitrust issues in secondary open and closed systems – Noerr-Pennigton doctrine

Unit-5
Teaching Hours:10
Patent hold-up and misuse
 

Standard setting hold up – Antitrust limits on SEPs – SEP assertion – Targeted patent aggregation – Patent misuse

Unit-6
Teaching Hours:10
Agreement concerning patented technology
 

Antitrust rules on patent licensing – Technology transfer – Reverse payments – Exclusionary payments – Pay-for-delay agreements

Text Books And Reference Books:

1. Alan Devlin, Antitrust and Patent Law, 2016

2. Michael A Carrier, Innovation for 21st century, 2009

Essential Reading / Recommended Reading

1. Alan Devlin, Antitrust and Patent Law, 2016

2. Michael A Carrier, Innovation for 21st century, 2009

Articles

3. Patent and Antitrust: Differing Shades of Meaning - Robin Feldman

4. PATENTS AND ANTITRUST: APPLICATION TO ADJACENT MARKETS NICHOLAS ECONOMIDES* & WILLIAM N. HEBERT

5. PATENT MISUSE AND ANTITRUST REFORM: "BLESSED BE THE TIE?" Kenneth J. BurchJiel

6. Resolving the P Resolving the Patent-Antitrust Patent-Antitrust Paradox Through Tripartite Innovation Michael A. Carrier.

7. The Patent-Antitrust Interface: Are There Any No-No’s Today? - William D. Coston

8. Examining the interface between the objectives of competition policy and intellectual property Note by the UNCTAD secretariat

9. Antitrust Issues in the Licensing of Intellectual Property: The Nine No-No's Meet the Nineties - RICHARD GILBERT & CARL SHAPIRO 

10. THE ROLE OF ANTITRUST IN PREVENTING PATENT HOLDUP CARL SHAPIRO† AND MARK A. LEMLEY

 

Evaluation Pattern

CIA I - 10% 

CIA II - Mid Semester Examination - 25% 

CIA III - 10% 

Attendance - 05% 

End semester examination - 50%

LAW984E - INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES (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

This syllabus is divided into six units.

Unit 1 introduces the learner to the basic terminologies and concepts in refugee and migration studies.

Unit 2 familiarizes the learner with international legal framework relevant to refugee and migration issues.

Unit 3 deals with legal concept of refugees, highlighting issues pertaining to persecution, gender, sexuality, age etc.

Unit 4 looks into the rule of asylum and the extension of the jus cogens status to the principle of non-refoulment as a mitigating strategy.

Unit 5 focusses on internal displacement and forced migration particularly induced by climate

change.

Unit 6 is an inclusive unit which investigates the contemporary issues and challenges that have arisen alongside the traditional challenges to the refugee and migration crisis, regionally, and globally.

 

 

 

 

COURSE OBJECTIVES

This course has the following objectives:

i. To familiarize the students with the traditional and contemporary issues in refugee and migration studies.

ii. To discuss the international obligations of the States towards displaced peoples.

iii. To debate the political stance of States that are not signatories to conventions and treaties crucial to the refugee and migration crisis.

iv. To assess the role of regional, national, and international agencies in the resolution of the crisis.

v. To investigate the legislative and policy endeavours of States on national and regional levels.

 

 

Course Outcome

CO 1: Describe various concepts taught in this course.

CO 2: Carry out a critical appraisal of the role of law in shaping the experiences of refugees, migrants, and asylum seekers around the world.

CO 3: Critically analyse the legislative and judicial trends across jurisdictions.

CO 4: Identify the current challenges facing refugee law and policy and carry out independent research on contemporary issues using secondary research tools.

Unit-1
Teaching Hours:6
Introduction to International Refugee Law
 

1.Relevant terminologies in IRL and Migration studies

2.Global population movements

3.International migration- Protective legal framework; Role of state and non- state actors; Forced migration and displacement;

4.The development of IRL- Interplay between regional, national, and international laws and policies- impact of the wings of state on the lives of migrants/refugees.

Unit-2
Teaching Hours:12
SOURCES OF INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES
 

1.The Global Standards of Human Rights, 1951 UN Convention relating to the Status of Refugees (UNCSR) with its 1967 Additional Protocol (1967-AP)- Key Features of the UNCSR, the Statute of the UNHCR- Key Provisions and Implementation.

2.Universal and Regional Sources of IRL and their Relationship with IHRL, IHL, and Customary International Law.

3.UNHCR: Foundations and its International Refugee Law Role- Mandate and Activities- Statutory Role and Work Related to Refugee Law- Flexibility in UNHCR’s International Law Role- Applying Lessons from the Past to Enhance the Role of the UNHCR in the Future.

4. UNCSR and its 1967-Additional Protocol- UNHCR’s Approaches to Address the Weaknesses in the Treaty Framework- UNHCR’s Approaches to Improve the Effectiveness of IRL Framework.

5. The Crisis in Refugee Protection- Humanitarian Responses to Refugees: Institutions and Obligations.

Unit-3
Teaching Hours:9
CONCEPTUALIZING REFUGEES: DEFINITON AND PERSECUTION PARADIGMS
 

1.Defining Refugee

2.Distinction between refugees and other migrants-

3.Admission clauses under UNSCR-

3.1Persecution- Meaning; standard, grounds;

3.2Persecution in internal armed crisis;

3.3Unconventional grounds of persecution-Gender, sexuality, and age.

Unit-4
Teaching Hours:9
ASYLUM UNDER IRL AND THE STATUS OF NON-REFOULMENT AS A PEREMPTORY NORM
 

1.The New Dynamics of International Refugee Law;

2. The Institution of Asylum: Concept, Definition, Principles and Practices in Global North & Global South;

3. The Development of Asylum Policies;

4.Access to Asylum Procedure, Examination of Asylum Applications and Exploring the Possibility of Expanding the Grounds of Asylum- Human Rights Guarantees Governing Asylum Procedure- Non-discrimination, Non-refoulement and its Jus Cogens Nature.

5. The Role of International and Domestic Courts in Refugee Protection.

Unit-5
Teaching Hours:9
FORCED MIGRATION, INTERNAL DISPLACEMENT, STATELESSNESS AND CLIMATE DISPLACEMENT
 

1.Regional and global scenario of internal displacement;

2.Normative and institutional solutions to the issue of internal displacement;

3.Forced migration-contributing factors, causal links;

4.Institutional solutions, Kampala Convention on Internally Displaced People, UN Guidelines on IDP’s; refugees- historical, cultural, political, developmental, 5.Identity issues- present discourse (gender question, policy issues), recent developments in refugee legislations;

6. Statelessness- questions of nationality and identification, protective measures, future scenarios including integration and deterritorialization; 7.Climate refugees- Nansen initiative and Platform on Disaster Displacement, Paris

8.Acknowledgement, factors of displacement and mobility; Vulnerable sub-categories- women and children- protective laws and policies, trafficking, forced labour, forced marriage; existing principles on refugee and migrant protection; the role of international, regional institutions in crisis mitigation

Unit-6
Teaching Hours:15
LATEST DEVELOPMENTS IN REFUGEE DISCOURSE, CHALLENGES AND CONTEMPORARY ISSUES
 

1.Political and ethical dilemmas; democratic approach to refugees; refugee litigation- fair trial, rule of law and due process; the role of AI in refugee protection;

Xenophobia, threat of radical nationalism,

Persecution- religious, economic, social; refugee integration issues- global north vs. global south, SAARC countries, Indian refugee policy;

Human rights and humanitarian obligations, interaction of refugees with the law, the role national and regional organizations, discourse on Indian refugee law;

Transitional refugee justice- interface with forcible displacement, Truth Commissions, Chega! 

Report, Case studies- Libya, Syria, Myanmar, Sri Lanka, Afghanistan, etc. (choice- based).

Text Books And Reference Books:

1. The Oxford Handbook of International Refugee Law;

2. Reports published by World Bank;

3. Reports published by UNHCR;

4. Reports published by UNFCCC;

5. Reports published by OECD;

Essential Reading / Recommended Reading

1.     B.S. Chimni, International Refugee Law – A Reader (Sage Publications, 2003) Who is a Refugee?

2.     Bertrand G. Ramcharan, The Fundamentals of International Human Rights Treaty Law, Martinus Nijhoff, 2011

3.     Brian Barbour and Brian Gorlick, Embracing the ‘Responsibility to Protect’: A Repertoire of Measures Including Asylum for Potential Victims, International Journal of Refugee Law

4.     Chimni, B.S. International Refugee Law: A Reader, New Delhi: Sage Publications, 2000

5.     Chimni, B.S. The Birth of a Discipline: From Refugee to Forced Migration Studies, (2009) Journal of Refugee Studies

6.     Cohen, R. and Deng, F., Masses in Flight: The Global Crisis of Internal Displacement (1998)

7.     Deborah E. Anker (2002), Refugee Law, Gender, and the Human Rights Paradigm, Harvard Human Rights Journal

8.     Erin D. Mooney, The Guiding Principles and the Responsibility to Protect, Forced Migration Review, December (2008)

9.     Fischel de Andrade, J.H. “Forced Migration in South America”, in E. Fiddian-Qasmiyeh et al. (eds.), The Oxford Handbook of Refugee and Forced Migration Studies, Oxford, Oxford University Press (2014)

10.  Foresight: Migration and Global Environmental Change (2011) Final Project Report.

11.  Forsythe, D. (2001), UNHCR's Mandate: the Politics of Being Non-political, UNHCR New Issues in Refugee Research 33. See http://www.unhcr.org/research/RESEARCH/3ae6a0d08.pdf.

12.  Geoff Gilbert (2004), 'Is Europe Living Up to Its Obligations to Refugees?’ European Journal of International Law

13.  Goodwin-Gill, Guy S., McAdam, Jane, The Refugee in International Law, Third Revised Edition, Oxford University Press, 2007

14.  Helene Lambert (2009);Transnational Judicial Dialogue, Harmonization and the Common European Asylum System; International and Comparative Law Quarterly

15.  Hyndman, J., A Refugee Camp Conundrum: Geopolitics, Liberal Democracy, and Protracted Refugee Situations, 28(2) Refuge (2011)

16.  Jacqueline Bhaba, Internationalist Gatekeepers? The Tension Between Asylum Advocacy and Human Rights, 15 Harvard Human Rights Journal, 155 (2002)

17.  James C. Hathaway (1990), A Reconsideration of the Underlying Premise of Refugee Law, Harvard International Law Journal

18.  Jane McAdam (2004);Seeking Asylum under the Convention on the Rights of the Child: A Case for Complementary Protection;, International Journal of Children Rights

19.  Jean-Daniel Tauxe, We Should Have Humanitarian Access to Displaced Civilians, International Herald Tribune (1 March 2000)

20.  Kälin, W. Internal Displacement in Fiddian-Qismeyeh, E., Loescher, G., Long, K. and Sigona, N. (eds.) The Oxford Handbook of Refugee and Forced Migration Studies (2014)

21.  Loescher, G. (2001), The UNHCR and World Politics: State Interests versus Institutional Autonomy, International Migration Review

22.  M. Rafiqul Islam, Md. Jahid Hossain Bhuiyan, An Introduction to International Refugee Law, Martinus Nijhoff Publishers, April 2013

23.  Makau Mutua, Standard Setting in Human Rights: Critique and Prognosis, Human Rights Quarterly 29.3 (2007)

24.  Martin S., et al. (2005) The Uprooted: Improving Humanitarian Responses to Forced Migration

25.  Moreno Lax, V., “Dismantling the Dublin System: MSS v Belgium and Greece”, European Journal of Migration and Law, Vol. 14, No. 1, 2012; available on SSRN at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1962881.

26.  Patrick Taran, Human Rights of Migrants: Challenges of the New Decade, Vol. 38 International Migration.

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic/Group Activity                        – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

LAW985A - 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

 

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

 

 

Course Outcome

CO1: Classify and differentiate between various kinds of contract and to extract essential information from a contract.

CO2: Negotiate a contract on a given subject.

CO3: Draft, interpret and modify Contracts.

CO4: Analyze the process of contract vetting and vet contracts based on the principles.

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
Vettingof Contracts
 

1.     Concept of contract vetting

2.     General principles of vetting of contracts

3.     Due diligence

Text Books And Reference Books:

1.     Practical Guide to Drafting Commercial Contracts, Second Edition Paperback, January 2021by Bhumesh Verma 

2.     The Contract Negotiation Handbook: An Indispensable Guide for Contract Professionals by Stephen Guth, 22 December 2007

3.     Contract Negotiation Handbook: Getting the Most Out of Commercial Deals by Damian Ward, 6 July 2012

 

Essential Reading / Recommended Reading

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

Evaluation Pattern

·      Negotiation Exercise                                      20%

·      Drafting of contract                                        20%

·      Vetting of Contract                                         20%                            

·      Record Book + Viva                                       40%                                                                            

                                                               TOTAL 100%

LAW985B - LAW OF NEGOTIABLE INSTRUMENTS (2019 Batch)

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

Course Objectives/Course Description

 

Negotiable Instruments have a great significance in modern world. This instruments has gained prominence as the principle instruments for making payment and discharging obligations. 

Course Objectives: 

  1. To acquaint students with fundamentals of negotiable instruments
  2. To make students understand the meaning and difference between different negotiable instruments and basic information, concepts and principles governing negotiable instruments.

Course Outcome

CO1: Elucidate the fundamental principles of negotiable instruments.

CO2: Explain the important provisions of endorsement of negotiable instruments.

CO3: Analyze the crossing of cheques and precautions' to be taken by the paying bank.

CO4: Elucidate the provisions of maturity of negotiable instruments.

CO5: Apply the liability of dishonour of negotiable instruments.

Unit-1
Teaching Hours:10
Negotiable instruments
 

Definition-characteristics-types-essential features of negotiable instruments -parties to a negotiable instrument-functions-holder and holder in due course-payment in due course- holder for value-rights of holder in due course.-inland instrument-foreign instrument-ambiguous instruments.(   10  hours) 

 

Unit-2
Teaching Hours:10
Endorsements
 

Definition-meaning of negotiation-legal provisions regarding endorsement-kinds of endorsement-different forms and general rules regarding the form of endorsement-instruments payable on demand-inchoate stamped instruments.(10   hours)

 

Unit-3
Teaching Hours:5
Cheque
 

Requisites of a cheques-dating of cheques-crossing of cheques-general crossing-special crossing- double crossing- opening of crossing-persons authorised to cross cheque-marking of cheque-golden cheque scheme-liability of paying bank on the crossed cheque( 5   hours) 

 

 

Unit-4
Teaching Hours:15
Payment of cheques
 

Precautions’ to be taken by the paying bank-statutory protection to the paying bank- duties of collecting bank-proper form of a cheque-date of cheque-amount of cheque and material alteration-forgery of drawers signature-collecting bank as holder for value-statutory protection to the collecting bank-reserve bank instructions to the bank(15 hours)

Unit-5
Teaching Hours:6
Bills of exchange and promissory notes
 

definition-kinds of bills of exchange-promissory note-definition-peculiarities-presentment of negotiable instruments for payment- and acceptance-maturity-dishonour of negotiable instruments( 10    hours)

Unit-6
Teaching Hours:14
Rights and liabilities of parties to a negotiable instrument
 

 

Capacity of parties- minors position-legal representatives-liability of parties-liability of a drawer of a bill or cheque-liability of maker of bill and acceptor-liability of endorser-agency-suertiship-delivery-negotiation by delivery-presentment –discharge from liability-parties negotiating by mere delivery-noting and protest-negotiable instruments(amendment bill),2015.( 10   hours)

Text Books And Reference Books:

1.     Avtarsingh, ‘Introduction to law of negotiable instruments, 7th edition, eastern book company, Lucknow.

2.     Surendra Malik, Sudeep Malik-‘Supreme Court on dishonor of cheques and negotiable instruments’, 2013.

3.     Avtar Singh, ‘banking and negotiable instruments, 2nd edition 2011.

4.     Dr.S.R.Myneni, ‘Law of banking, 2nd edition, Asia law house, Hyderabad.

5.     Dr. B.R. sharma, Dr.R.P.Nanditha, ‘Banking law and negotiable instruments law’, allahabad law agency, 4th edtn.2013.

6.     Duttas  commentary on  ‘The negotiable instruments act with allied laws, Dwivedi law agency,2013.

7.     S.R. Krishna murthyaiyar, ‘Law relating to the Negotiable instruments act, with case laws

8.      Universal’s concise commentary on ‘ The negotiable Instruments Act,1881 with exhaustive case laws.

Essential Reading / Recommended Reading

1.     Avtarsingh, ‘Introduction to law of negotiable instruments, 7th edition, eastern book company, Lucknow.

2.     Surendra Malik, Sudeep Malik-‘Supreme Court on dishonor of cheques and negotiable instruments’, 2013.

3.     Avtar Singh, ‘banking and negotiable instruments, 2nd edition 2011.

4.     Dr.S.R.Myneni, ‘Law of banking, 2nd edition, Asia law house, Hyderabad.

5.     Dr. B.R. sharma, Dr.R.P.Nanditha, ‘Banking law and negotiable instruments law’, allahabad law agency, 4th edtn.2013.

6.     Duttas  commentary on  ‘The negotiable instruments act with allied laws, Dwivedi law agency,2013.

7.     S.R. Krishna murthyaiyar, ‘Law relating to the Negotiable instruments act, with case laws

8.     Universal’s concise commentary on ‘ The negotiable Instruments Act,1881 with exhaustive case laws.

9.     S N Gupta, 'Dishonour of Cheques-Liability-Civil & Criminal', Universal Law Publishing, Ninth Edition 2017

Evaluation Pattern

SCHEME OF VALUATION

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

·       CIA II – Mid Semester Examination                                 – 25%

·       CIA III – Research Topic                                                  – 10%

·       Attendance                                                                       – 05%

·       End Semester Examination                                                – 50%

                                                                                               TOTAL 100%

 

LAW985C - ARTIFICIAL INTELLIGENCE AND LAW (2019 Batch)

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

Course Objectives/Course Description

 

Artificial Intelligence refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions. The term may also be applied to any machine that exhibits traits associated with a human mind such as learning and problem-solving.  Since technology has moved into almost all spheres of human life, it has its pros and cons. There is a necessity to understand artificial intelligence from a lawyer’s perspective. The emphasis is to know the interface and provide for the challenges in future.

Course Outcome

1: 1. Explain the concepts that form the foundation of Artificial Intelligence (Employability in Technology driven sector)

2: Appraise the theoretical framework that is applicable for regulation of Artificial Intelligence

3: Draft arguments in disputes arising in social and commercial transactions using Artificial Intelligence (Employability)

4: Evaluate the laws and policies as tools for fair use of Artificial Intelligence without affecting the human values of justice and fairness globally

5: Analyse the working of the regulatory bodies that may apply artificial intelligence to their regulatory mechanisms at the national and global level

6: Draft policies that facilitate the use of Artificial Intelligence in social and commercial transactions (Research Skills)

Unit-1
Teaching Hours:20
BASICS OF ARTIFICIAL INTELLIGENCE
 

1.      Definition, nature and scope of artificial intelligence

2.      History of Artificial Intelligence

3.      Theories for development of Artificial Intelligence

4.      Basic technical aspects of AI, machine learning, deep learning and natural language processing

5.      Legal Informatics and AI

Unit-2
Teaching Hours:10
JURISPRUDENCE AND ARTIFICIAL INTELLIGENCE
 

1.      Personality and property

2.      Privacy, morality and ethical issues

3.      Rights and duties

4.      Liability of AI : Strict, Absolute and Vicarious Liability

5.      Judicial mechanism and AI

Unit-3
Teaching Hours:8
ARTIFICIAL INTELLIGENCE AND CONSUMER PROTECTION LAWS
 

1.      Market, Consumer relations

2.      E- Commerce and Consumers Rights

3.      Negligence in the service sector- Insurance and Medicine

4.      Product liability and Autonomous vehicle

Data protection

Unit-4
Teaching Hours:8
ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY
 

1.      Copyrights

2.      Patents

3.      Trademarks

4.      Trade secrets

5.      Liability and other issues

Unit-5
Teaching Hours:8
ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW
 

1.      Mens Rea and Actus Reus

2.      Theories of punishment

3.      Offences against body

4.      Offences against property

5.      Criminal liability

6.      Punishments

Unit-6
Teaching Hours:6
AI, OTHER LAWS AND ISSUES
 

1.      Contracts and liabilities

2.      Tortious liabilities

3.      AI and Blockchain

4.      Lawyering skills and Ethical issues

5.      AI and Research

Future of AI

Text Books And Reference Books:

1.      Research Handbook on the Law of Artificial Intelligence- Woodrow Barfield; Ugo Pagallo Edward Elgar Publishing co.

2.       Artificial Intelligence and Legal Analytics- New tools for law practice in digital age. Kevin D Ashley; Cambridge University Press

3.      Argumentation Methods for artificial intelligence in law; Douglas Walton; Springer Publications

Essential Reading / Recommended Reading

1.      Tomorrow's Lawyers: An Introduction to Your Future 2nd Edition, by Richard Susskind.

2.      Artificial Intelligence and Law; Pawan Duggal; 1st ed 2017

3.      Robotics, AI and the future of Law; Marcelo Corrales, Mark Fenwick, Nikolaus Forgo, Springer Publication

4.      Robots in Law: How Artificial Intelligence is transforming legal services, Joanna Goodman, ARK Group, 2016

5.      Regulating Artificial Intelligence, Thomas Wischmeyer, Timo Rademacher, Springer 2019

6.      Mind, Machine and Metaphor: An essay on Artificial Intelligence and Legal Reasoning; Alexander E Silverman, Routledge 2019.

7.      Legal Personhood: Animals, Artificial Intelligence and the Unborn; Visa A.J. Kurki, Tomasz Pietrzykowski; Springer 2017.

8.      Artificial Intelligence Research and Development, Cesar Fernandez, Hector Geffiner, Felip Manya, IOS Press 2019 .

 

 

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%

LAW985D - TELECOMMUNICATION 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 - UNIT 1 is designed to introduce students to the area of the telecommunications the various aspects of telecommunication – technological, economical, legal and regulatory – and the need for its regulation. Furthermore, discusses the telecommunication reforms in the developing countries. UNIT 2 is to introduce students to various laws and authorities in India related to the regulation of telecommunication.  UNIT 3 introduces the students to the various key regulatory issues related to telecommunications. UNIT 4 introduces the students to the various transactions made in the field of telecommunications.  UNIT 5 is to acquaint students with data privacy issues in the field of telecommunication. Unit 6 deals with the communication content regulation across various jurisdictions. Unit 7 deals with the international institutions related to the regulation of telecommunications.

Course Objectives - The course discourses the historical evolution of telecommunication sector. The course further analyses the laws that regulate the telecom sector, viz, Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933 and the Telecom Regulatory Authority of India Act, 1997. The course equips students to understand the Intellectual property issues, competition law issues and various other regulatory issues that exist in the telecom sector. The course also examines the data privacy laws and content regulation laws that governs telecommunication sector. The course also enables students to understand the International Regulatory Regime with respect to Telecommunication sector.

Course Outcome

CO 1: Understand the history of telecommunication law.

CO 2: Analyse the laws that regulated telecommunication Sector.

CO 3 : Examine the Intellectual Property and Competition Law issues in the telecommunication sector.

CO 4: Evaluate the data privacy and communication content regulations in India as against U.S and UK laws.

CO 5: Identify the various international organisations and international instruments that governs international telecommunication law.

CO 6: Demonstrate a critical analysis of the USA and EU telecommunication laws.

UNIT 1
Teaching Hours:10
INTRODUCTION
 

Telecommunication law and regulation, communication technologies, services and markets, economics of telecommunications regulation, Telecommunication Policy of India, Historical evolution of telecommunication law and policy, Market structure of the Telecom operators, Constitutional aspects of communication law, Telecommunication Reform in Developing Countries.

 

UNIT 2
Teaching Hours:10
REGULATORY FRAMEWORK
 

Important Acts and regulatory authorities - Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, Telecom Regulatory Authority of India Act, 1997, Telecom Commission, TRAI, Telecom Dispute Settlement and Appellate Tribunal, Telecommunication law in UK, US and European Union. 

UNIT 3
Teaching Hours:8
KEY REGULATORY ISSUES
 

 

Authorization and Licensing, Access and Interconnection, AGR- Adjusted Gross Revenue Competition Law in Telecommunication, Telecommunications standards and intellectual property issues, Cellular and mobile services, Internet services, Regulatory framework for spectrum management. 

UNIT 4
Teaching Hours:10
TELECOMMUNICATIONS TRANSACTIONS
 

 

Capacity Agreements, Types of Capacity agreements, Key contractual issues, Regulatory issues, Emerging Trends, Communication Outsourcing – Types, specific issues, guaranteeing service level

UNIT 5
Teaching Hours:10
DATA REGULATION IN THE TELECOMMUNICATION SECTOR
 

 

Interception, monitoring and recording of communications, Communication privacy, electronic surveillance and seizure, EC Directive on Privacy and Electronic communications, Line identification, Data protection – Personal Data Protection Bill, 2019.

UNIT 6
Teaching Hours:7
COMMUNICATIONS CONTENT
 

 

Content Regulation, Regulation of content UK, US and India, Cable Television Network (Regulation) Act, 1995, Prasar Bharati (Broadcast Corporation of India) Act of 1990, Regulations that govern OTT platforms, Regulatory framework for television and radio, Regulation of sound broadcasting.

UNIT 7
Teaching Hours:5
INTERNATIONAL REGULATORY REGIME
 

 

International Telecommunications Law, International Network Infrastructure, International Telecommunication Union, World Trade Organization.

Text Books And Reference Books:

 

  1. Walden, Ian (Ed.) Telecommunications Law and Regulation. 3rd ed. London: Oxford University Press, 2009.
  2. Raghava, Vikram. Communications Law in India: Legal Aspects of Telecommunications, Broadcasting, and Cable Services. New Delhi: LexisNexis Butterworths, 2007.
  3. Price, Monroe. Broadcasting Reform in India. New Delhi: Oxford University Press, 2000.
  4. TDSAT. Telecom Broadcasting and Cable Laws. TDSAT, 2008.
  5. Prasad, R.U.S. Resolving Disputes in Telecommunications: Global Practices and Challenges. New Delhi: Oxford University Press, 2011.
  6. Chakravartty, Paula. Media Policy and Globalization. Jaipur: Rawat Publications, 2007.
  7. Koenig, Christian ed. EC Competition and Telecommunications Law. 2nd ed. Austin: Wolters Kluwer, 2009.
  8. Blackshaw, Ian ed. TV Rights and Sport: Legal Aspects. The Hague: T.M.C. Asser Press, 2009.
  9. Cable Television Networks (Regulation) Act, 1995.
  10. Cinematograph Act, 1952.
  11. Media, Press & Telecommunications Laws. Lucknow, Eastern Book Company, 2007.
  12. Buckley, Steve, Toby Mendel and Sean O Siochru. Broadcasting Voice and Accountability: A Pubic Interest Approach to Policy, Law and Regulation. Washington: The World Bank Group, 2008.
  13. Geradin, Damien ed. The WTO and Global Convergence in Telecommunications and Audio-Visual Services. Cambridge: Cambridge University Press, 2004.
  14. Rajagopal, Arvind ed. The Indian Public Sphere. New Delhi: Oxford University Press, 2009.

 

Essential Reading / Recommended Reading

1. The Telegraph Act, 1885.

2. The Indian Wireless Telegraph Act, 1933. 

3. The TRAI Act, 1997.

4. The Telecommunication ACt, 1996 (The USA) 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                    TOTAL 100%

LAW985E - SERVICE LAW (2019 Batch)

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

Course Objectives/Course Description

 

 

Civil Servants are considered as the back bone of the administration. In order to ensure the progress of the country it is essential to strengthen the administration by protecting civil Servants from political and personal influence. So provisions have been included in the Constitution of India to protect the interest of civil servants along with the protection of national security and public interest. The Civil Service is a body of official, permanent, paid and skilled. The Civil Service constitutes the permanent executive in the Modern State. While the Parliament, the Cabinet, and the president may resign, it is the Civil Service, which really governs. The structure and functioning of the Civil Services leave a great impact on public administration of any country.

 

COURSE OBJECTIVES: Positioning of right personnel at right place is significant, in the administration of the government, as they act as conduit between the State and citizens. This will assure good governance and make the people to feel good about the government. The paper is aspiring to highlight the scope and limitations of the services under the State. This paper shall be studied by appreciating relevant civil service rules and the notification issued by the government from time to time.

 

 

 

Course Outcome

CO1: Describe the various types of services under the State along with the importance and efficacy of services in recent times.

CO2: Analyse the constitutional validity, safeguards and recognition of the rights of the civil servants and the scope and ambit of doctrine of pleasure and exceptions to it.

CO3: Deliberate and evaluate upon constitutional and statutory protections available to civil servants.

CO4: Explain the various regulations and the conditions of the service so far as the civil servants are concerned along with various kinds of powers conferred to them.

CO5: Illustrate the the procedure for recruitment and state of affairs as regard to the service of civil servants, their liabilities and immunities as provided under various Acts.

CO6: Evaluate the status of civil servants in India and the role of Public Service Commissions

Unit-1
Teaching Hours:7
INTRODUCTION SERVICES
 

 

Different types of services under the state, Merit system and spoils system, Utility of Services in the modern administrative era, Types and Theories of Bureaucracies, Role of Civil Servants in Good Governance, Status of civil servants in India Role of Public Service Commissions

Unit-2
Teaching Hours:10
FUNDAMENTAL RIGHTS OF CIVIL SERVANTS
 

Fundamental rights and civil servants, administrative discretion, administrative instructions and rules Legislative power, Power to make rules and regulations under Article 309, Doctrine of pleasure Article 310, Safeguards with respect to dismissal, removal and reduction in rank, Exclusion of opportunity under Article 311, Disciplinary proceedings.

Unit-3
Teaching Hours:20
GOVERNMENT SERVICES
 

Appointment/recruitment to public posts, seniority and promotion, departmental enquiry and proceedings, prosecution of public servants, suspension, misconduct and penalties.

Unit-4
Teaching Hours:15
LEGAL ORDER AND CIVIL SERVICE
 

Scope of writ petitions for service matters and judicial review, constitutional and statutory protections available to civil servants, Prevention of Corruption Act, Service Tribunals, Departmental measures.

Text Books And Reference Books:

1.      Jain, M.P., Indian Constitutional Law, Wadhwa &Company, 2009.

2.      Ramakrishnan, P.V., Guide to Departmental Enquiries against Government Servants, ALT Publications, 2005.

3.      Shriniwas, S.K.P., Law of Suspension and Reinstatement, Orient Publications Company, 2005.

4.      Jain, M.P., S.N. Jain, Principles of Administrative Law, Lexis Nexis, 2010.

5.      Jayakumar, N.K., Administrative Law, Prentice Hall of India Pvt. Ltd., 2005.

6.      Singh, Nirmal, Service and Disciplinary Actions: In Civil Services, PSU’s and Other Services, Deep & Deep Publications Pvt. Ltd., 2003.

7.      Nair, N. Narayanan, The Civil Servant Under the Law and the Constitution of India, Academy of Legal Publications, 2006.

8.      Bakshi, P.M, The Constitution of India, Universal Publishing CO. Pvt. L.td., 2011.

9.      Sharma, Manoj, Indian Administrative Law, Anmol Publications, 2004.

10.  Krishn, Radha Sapru, Civil Service Administration in India, Deep & Deep Publications Pvt. Ltd., 2003.

11.  Singh, Hoshiar, Indian Administration, Dorling Kindersley India (Pvt.) Ltd., 2011.

12.  Sharma, Urmila, S.K. Sharma, Public Administration, Atlantic Publishers Pvt. Ltd., 2002.


Essential Reading / Recommended Reading

.  Singh, Hoshiar, Indian Administration, Dorling Kindersley India (Pvt.) Ltd., 2011.

12.  Sharma, Urmila, S.K. Sharma, Public Administration, Atlantic Publishers Pvt. Ltd., 2002.

 

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%

LAW986A - ELECTION LAWS (2019 Batch)

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

Course Objectives/Course Description

 

India is a democratic country. Democracy manifests itself through the election process and the exercise of franchise. General elections, free press, struggle for an informed opinion are the very basis of good governance. The Constitution of India lays the foundation and the Representation of People’s Act provides for the conduct of free and fair elections. The Election Commission plays the key role in conducting free and fair elections in the country from national and state levels to rural levels.

The proposed course aims to acquaint the students with the law relating to elections in India, particularly relating to Presidential, Vice Presidential, Parliament and State Legislature elections. It will also appraise the students with the legal framework to curb the criminalisation of politics. The syllabus will comprise 8 units, to be taught/completed in 60 class hours. 

Unit I shall introduce the students to the basics of Elections and its importance in a democratic country, from national and state levels to rural levels. Unit II is comprised of details and procedures relating to election of President/Vice-President of India and Parliamentary/State legislature elections. Unit III shall emphasise on the Election Commission of India and its powers and functions and the role played by the commission in conducting free and fair elections in the country. Under Unit IV the students shall be able to understand the qualifications and disqualifications of candidates who are willing to contest for elections in India. Unit V shall deal with the details relating to Panchayat and Municipal elections. Unit VI shall comprise of the Anti Defection laws of India and its relevant statutory provisions. In Unit VII and VIII the students shall learn about the corrupt practices pertaining to elections in a democratic state and the various Electoral reforms and commission reports, respectively, to curb the menaces and ensure conduction of free and fair elections, which is one of the major facets of good governance in a democratic country, like India.    

Course Outcome

CO 1: Conceptualise the importance of Elections in a democratic country, the legal provisions relating to its conduction and procedures relating to filing of election petitions along with identification of forums, parties and other related matters therewith.

CO 2: List out and understand the provisions contained in the Constitution of India read with the Representation of People Act, 1951 relating to elections of President/Vice-President of India, Parliamentary elections and elections of the State Assemblies.

CO 3: Apply the relevant statutory provisions relating to The Election Commission of India, its powers and functions and its role in conduction of free and fair elections in the country.

CO 4: Analyse the provisions under the Constitution of India and the Representation of People Act, 1951 regarding qualifications and disqualifications of candidates who are willing to contest elections, from national-state levels to Municipalities/Panchayat levels.

CO 5: Evaluate the Anti-defection laws of India as compared to the legislative framework related to anti-defection in other countries of the world.

CO 6: Propose solutions to the various issues related to corrupt practices pertaining to elections in a democratic state and the various Electoral reforms and commission reports, respectively, to curb the menaces and ensure conduction of free and fair elections, which is one of the major facets of good governance in a democratic country, like India.

Unit-1
Teaching Hours:8
INTRODUCTION
 

1.1  Democracy and Election

1.2  Representation by People

1.3  Adult suffrage

1.4  Election laws

1.5 Meaning of election and election dispute

1.5.1 Election petitions- time, forum, parties, contents, grounds, relief

Unit-2
Teaching Hours:8
ELECTION OF PRESIDENT/VICE PRESIDENT/PARLIAMENTARY/STATE LEGISLATURE ELECTIONS
 

2.1 Constitutional provisions – Preamble. Art.54, 55, 58, 66, 80, 81, 83, 170-172 , 324-329, 356

2.2 Representation of People Act 1951

2.3 Presidential and Vice-Presidential Elections Act, 1952

2.4 Formation, Composition and Dissolution of Parliament and State Legislative Assemblies

Unit-3
Teaching Hours:8
COMPOSITION, POWERS AND FUNCTIONS OF ELECTION COMMISSION
 

3.1 Constitutional provisions- Art 324-329

3.2 Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

3.3 Election Symbols (Reservation and Allotment) Order, 1968

Unit-4
Teaching Hours:10
QUALIFICATION AND DISQUALIFICATION OF CANDIDATES
 

4.1 Constitutional provisions - Art. 84, 173, 101, 190, 19

4.2 Representation of People Act, 1951

4.3 Eligibility to contest elections

4.4 Nominations

4.5 Office of profit - Parliament (Prevention of Disqualification) Act, 1959

4.6 Disqualification for Government Contracts

4.7 Disqulaification on conviction of certain offences

Unit-5
Teaching Hours:6
ELECTIONS TO PANCHAYATS AND MUNCIPALITIES
 

5.1 Constitutional provisions- Art. 243-243F, 243K-243O, 243P-243V, 243ZG

5.2 Representation of Peoples Act, 1951

5.3 Eligibility to contest elections

5.4 Disqualification of candidates

Unit-6
Teaching Hours:4
ANTI DEFECTION LAW
 

6.1 Constitutional provisions

6.1.1 10th schedule

6.1.2 52nd Amendment, 1985

6.1.3 91st Amendment, 2003

Unit-7
Teaching Hours:6
CORRUPT ELECTION PRACTICES
 

7.1 Distinction between corrupt practices and electoral process

7.2 Corrupt practices – bribery, undue influence, promotion of feelings of enmity or hatred, publication of false statement, election expenditure, abuse of religion, race, caste etc    

Unit-8
Teaching Hours:10
ELECTORAL REFORMS
 

8.1 Representation of People Act, 1951 – Sec 33A , 33B, 125

8.2 170th Report of Law commission on Electoral Laws, 1999

8.3 Goswami Committee Report on Electoral Reforms, 1990

8.4 Vohra Committee Report on Criminalization of Politics, 1993

8.5 Election Commission of India's proposed Electoral Reforms, 2004

8.6 255th Law Commission Report on Electoral reforms, 2015

Text Books And Reference Books:

 1. Kiran Gupta and P C Jain, Chawla’s Elections – Law and Practice, 9th Edition, 2009

2. Democracy and Election Laws, Anand Ballabh Kafaltiya, 2003, Deep and Deep Publications

3. Election Laws and Practice in India, R N Choudhry, 3rd Ed., Orient Publishing Co.

4. Office of Profit, Disqualification and Anti-Defection, P. Chakraborty, 2009 Ed., Capital Law House, Delhi

5. Courts, Panchayats and Nagarpalikas: Background and Review of the Case Law, K C Shivaramakrishnan, 2009 Ed., Academic Foundation, New Delhi

6. Universal’s Election Laws 2013, Universal Law Publishing Co., New Delhi

7. P Rathna Swamy, Handbook on Election Law, Lexis Nexis, Gurgaon, Reed Elsevier India Pvt Ltd. 2014

Essential Reading / Recommended Reading

1. Rama Devi and S K Mendiratta, How India Votes – Election Laws, Practice and Procedure, 2nd Edition, 2006, LexisNexis Butterworths, Wadhwa Nagpur.

2. Kiran Gupta and P C Jain, Chawla’s Elections – Law and Practice, 9th Edition, 2009

3. Election Laws and Practice in India, R N Choudhry, 3rd Ed., Orient Publishing Co.

4. Office of Profit, Disqualification and Anti-Defection, P. Chakraborty, 2009 Ed., Capital Law House, Delhi

5. Courts, Panchayats and Nagarpalikas: Background and Review of the Case Law, K C Shivaramakrishnan, 2009 Ed., Academic Foundation, New Delhi

 

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%

LAW986B - INTERNATIONAL COMMERCIAL ARBITRATION (2019 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:7
Max Marks:100
Credits:4

Course Objectives/Course Description

 

 

 

Conflicts in human relationships cannot be avoided and its resolution can either be by litigation or alternative dispute resolution mechanisms namely – arbitration, mediation, negotiation or conciliation. In International transactions which transcend national boundaries, international arbitration has grown to become one of the most preferred dispute resolution mechanisms. International contracts, investments, technology and intellectual property disputes have strongly taken the arbitration route. The hallmark of the same being the flexibility, it  allows parties to choose applicable law, the seat of arbitration, the arbitration institution, the arbitrators and jurisdictional scope which has accelerated the necessity for a uniform worldwide system of resolution of international commercial disputes. 

Course Outcome

CO1: CO-1: Develop conceptual knowledge base of international commercial arbitration with specific reference to Indian Arbitration & Conciliation Act, 1996

CO2: CO-2: Enable students to appreciate similarities and differences between arbitration procedures under major international arbitration rules used in practice

CO3: CO-3: Analyze the criteria for interim measures to be granted in international commercial arbitration

CO4: CO-4: Apply the choice of law & jurisdiction to contextual/hypothetical cases in international commercial arbitration CO-5: Critically analyze the shortcomings of the international regime of recognition and enforcement of arbitral awards

Unit-1
Teaching Hours:5
UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
 

 

  • 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- ICC, ICSID, WIPO

  • Arbitration & Conciliation Act, 1996

 

 

Unit-2
Teaching Hours:5
UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
 
  1. Party Autonomy

  2. Non Signatories (jurisdiction ratione personae) 

  3. Separability

  4. Competence-Competence

  5. Territorial Principle 

  6. Expert witness 

  7. Confidentiality and Privacy 

 

Unit-3
Teaching Hours:10
UNIT 3: The Parties? Choice Of Law
 
  1. The Law Governing the Arbitral Proceedings 

  2. The Law Governing the Arbitration Agreement 

  3. The Law Governing Arbitrability 

  4. 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)

  •  National or International Law

  • Lex Mercatoria 

  • Unrelated National Law 

  • De ́pec ̧age 

  • Renvoi Ex Aequo et Bono and Amiable Compositeur

 

  1. Summary of seat v. venue debate 

Unit-4
Teaching Hours:15
UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
 

 

 

  1. The Contours of ‘Interim Measures’

  2. Interim Measures Before Arbitration Proceedings

  3. Interim Measures During and after Arbitration Proceedings

  4. Interim Measures in Foreign Seated Arbitrations

  5. Anti-Suit and Anti-Arbitration Injunctions

  6. Enforcement of Interim Measures

Unit-5
Teaching Hours:15
UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
 
  1. Types of arbitral awards

  2. Formal requirements for an arbitral award

  3. Setting Aside the awards

 

Text Books And Reference Books:
  1. Gary B. Born, International Commercial Arbitration, (2014) Kluwer Law International.
  2. Greenberg, et al, International Commercial Arbitration: An Asia Pacific Perspective, (2011) Cambridge University Press.
  3. Lew, Mistelis, et al, Comparative International Commercial Arbitration, (2003) Kluwer Law International.
  4. Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, (2012) Cambridge University Press.
  5. Markanda, et al, Law Relating to Arbitration and Conciliation, (2013) Lexis Nexis Butterworths Wadhwa.
  6. Mustil Michael, Commercial Arbitration, (1989) Lexis Nexis Butterworths.
  7. Port, Otto, et al, Recognition and Enforcement of Foreign Arbitral Awards: Global Commentary on the New York Convention, (2010) Kluwer Law International.
  8. Redfern, Hunter, et al, Law and Practice of International Commercial Arbitration, (2004), Sweet and Maxwell.
  9. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
  10. Savage, Gaillard (eds), Fouchard Gaillard Goldman on International Commercial Arbitration, (1999) Kluwer Law International.
  11. Sethi, Gupta, et al, Indian Commercial Arbitration and its perspective, (2011) Universal Law Publishing.

 

Essential Reading / Recommended Reading
  1. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation          – 10%
  • CIA II – Mid Semester Examination                          – 25%
  • CIA III – Research Topic                                         – 10%
  • Attendance                                                            – 05%
  • End Semester Examination                                                                        – 50% 

LAW986C - PENOLOGY AND VICTIMOLOGY (2019 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:7
Max Marks:100
Credits:4

Course Objectives/Course Description

 

PENOLOGY AND VICTIMOLOGY

(No. of Hrs. 60-80 Hrs)

Course Name: Penology and Victimology

Course Code: BAL/ BBL

Total number of hours: 60-80

Credits: 4

Course Description: This course has been conceptualised in order to offers a specialist understanding of criminal policies including theories of punishment, and prison reform. The victim has traditionally been ignored as component of the crime. Hopefully, victimology will provide the student with an insight into not only how important the victim is to an investigation, but why they are important in the overall scheme of the crime, which will shift the study from accused centric approach to much needed victim centric approach.

Course outcomes: By the end of the course the learner should be able to: 

  1. understand the policy of criminal law. 
  2. understand how criminal law has adapted and evolved to deal with deviant behaviors which is a systematic study within the scope of sociology and psychiatry
  3. help the students to have a greater understanding of social costs of crime and the effective ways of lessening them.

Pedagogy: Lecture, Group Discussion, PowerPoint Presentation, Simulation Exercise, etc. as per the requirement of each Unit.

UNIT 1: INTRODUCTION                                                                                10 Hrs.

Learning Outcome: On completion of this Unit students will clarity about ‘criminology’ and concept of law relating to it.

Philosophy of criminology, nature, scope and its relevance in Criminal justice administration, Causation of crime, hereditary, chromosomal factors, mental deficiency, poverty, family, religion, media, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law.

 

UNIT 2: Juvenile Justice                                                                                   10 Hrs.        

Learning Outcome: On completion of this Unit students will learn about the behaviour of the juveniles involved in crimes for and the law which govern them in a better manner.

Juvenile Justice (Care and Protection of Children) Act, 2015 -Juvenile Delinquency, Juvenile Institutional and Non- institutional Services -UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power -Prisons in India: Organization, Type and Functions 

 

UNIT 3: Crime Prevention-                                                                                 10 Hrs.              

Learning Outcome: On completion of this Unit students will get clarity about logical structure of crime prevention.

 

Identification of potential delinquency, Vagrancy laws, habitual offenders, coercive measures, education and caliber of persons, police and its functions, Social control and crime prevention- Crime prevention stages.

 

UNIT 4: Criminal Justice Administration                                                       10 Hrs.

Learning Outcome: On completion of this Unit students will learn about the administration of criminal justice system in India

 

Prison System- History, Classification of Prisoner, Administrative Organisation of Prisons, Open Prisons, Constitutional Imperatives and Prisons Reform, Violation Prison Code and Its Consequences, Malimath Committee recommendations.

 

UNIT 5: Victimology                                                                                       10 Hrs.

Learning Outcome: On completion of this Unit students will be able to how important the victim is to an investigation and  why they are important in the overall scheme of the crime.

Conceptual meaning and scope –need for protecting victims of crimes-statutory provisions-circumstantial victims-women and children as victims- The Protection Of Children From Sexual Offences Act, 2012, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, special protection to woman and child victims-victims of domestic crimes-victims of crime as witnesses- need for protection through legislation – Concept of restorative justice.

 

UNIT 6: Probation and Parole                                                                           10 Hrs.

Learning Outcome: The theoretical aspects of punishment give clarity to the students about the nature and purpose of punishment.

Concept and Definition of Probation, Parole,  Origin of Probation System, Probation of Offenders Act, 1958, Parole, Nature of Parole Authority for Granting Parole,  Parole and Conditional Release, Problems of the Released Offender,  Attitude of the Community towards Release of Offenders

Course Outcome

CO1: To understand the policy of criminal law.

CO2: To understand how criminal law has adapted and evolved to deal with deviant behaviours which is a systematic study within the scope of sociology and psychiatry

CO3: To help the students better understand the social costs of crime and the effective ways of lessening them.

Unit-1
Teaching Hours:10
Mental deficiancy
 

Mental deficiency, poverty, family, religion, media, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law.

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

Philosophy of criminology, nature, scope and its relevance in Criminal justice administration, Causation of crime, hereditary, chromosomal factors, 

Unit-2
Teaching Hours:10
Juvenile Justice
 

Juvenile Justice (Care and Protection of Children) Act, 2015 -Juvenile Delinquency, Juvenile Institutional and Non- institutional Services -UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power -Prisons in India: Organization, Type and Functions 

 

Unit-3
Teaching Hours:10
Crime Prevention-
 

Identification of potential delinquency, Vagrancy laws, habitual offenders, coercive measures, education and caliber of persons, police and its functions, Social control and crime prevention- Crime prevention stages.

 

Unit-4
Teaching Hours:10
Criminal Justice Administration
 

Prison System- History, Classification of Prisoner, Administrative Organisation of Prisons, Open Prisons, Constitutional Imperatives and Prisons Reform, Violation Prison Code and Its Consequences, Malimath Committee recommendations.

 

Unit-5
Teaching Hours:10
Victiomology
 

Conceptual meaning and scope –need for protecting victims of crimes-statutory provisions-circumstantial victims-women and children as victims- The Protection Of Children From Sexual Offences Act, 2012, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, special protection to woman and child victims-victims of domestic crimes-victims of crime as witnesses- need for protection through legislation – Concept of restorative justice.

Unit-6
Teaching Hours:10
Probation and Parole
 

Concept and Definition of Probation, Parole,  Origin of Probation System, Probation of Offenders Act, 1958, Parole, Nature of Parole Authority for Granting Parole,  Parole and Conditional Release, Problems of the Released Offender,  Attitude of the Community towards Release of Offenders.

Text Books And Reference Books:
  1. Ratanlal and Dhirajlal, 2002, IPC-Indian Penal Court, Wadhwa and Company Publications
  2. Canadino, Michael and Dignam, James, 2002, The Penal System- An introduction, 3rd edition, Sage Publications
  3. Ratanlal and Dhirajlal, 2002, Law of crimes, 25th edition, Bharat Law House, New Delhi
  4. Schabas, William A, 2001, An Introduction to the International Criminal Court, 1st edition, Cambridge University Press
  5. Kelkar R V, 2001, Criminal Procedure, 4th edition, Eastern Book Company
  6. Jefferson, Michael, 1999, Criminal Law, 4th edition, Pitman Publishing
  7. Schmalleger, 1999, Criminal Law Today, Prentice Hall Publication
  8. Gardner Thomas J and Anderson Terry M, (YEAR), Criminal Evidence (principles and cases), Wadsworth/Thomson learning pub
  9. Gaur, K D, 1999, Criminal Law and Procedure (cases), 3rd edition, Butterworch-Tripathi Publications
  10. Dutta, K K, 1998, Some Aspects of Criminal Law, Law Research Institute
  11. Mallick, M R, 1996, Criminal Court (Practice and Procedure), 9th edition, Eastern Law House
Essential Reading / Recommended Reading
  1. Sir John Woodroffe and Syed Amir Ali, 1996, Law of Evidence, The Law Book Company Pvt Ltd
  2. Hussain, Ahmed, 1992, Law of Evidence, National Police Academy, Hyderabad
  3. Ratanlal and Dhirajlal, 1984, Law of evidence, Wadhwa Publications
  4. Sethi K L, (1995), Supreme Court on Evidence, Mayan Publications Pvt Ltd
  5. Phipson and Elliot, (2001), Manual of the law of Evidence, Universal Law Publications
  6. Universal Law Publication, The Companies Act

Ratanlal and Dhirajlal, (2004     ), The Code of Criminal Procedure, Wadhwa and Company Publication

Evaluation Pattern

Assessment outline: 

Assessment outline: There are 5 components in the scheme of evaluation. Weightage for the components is indicated in percentage.

 

CIA I- Class Test 20 marks - 10%

 

            Students would be assessed on the understanding of the concepts taught in the Unit 1 and 2 and their ability to apply the same in the MCQ’s given.

 

CIA II - Mid Semester Examination - 25%

 

CIA III - 10% -  Writing a research paper on the given topic which carries 20 marks – 10%

 

            Students would be assessed on the understanding of the concept taught, their ability to apply the same in contemporary issues, their drafting skills in the proposed area.

 

Attendance - 05%

 

End semester examination - 50%

 

 

LAW986D - MARITIME LAW (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 is divided into Nine (7) Units. It starts with UNIT - 1 focuses on the introduction to Maritime law which includes various international conventions governing maritime, also discusses certain basic concept of Maritime Law and sources of Maritime Law. UNIT - 2 discusses the regime of Maritime Ports and its regulations. UNIT - 3 discusses Commercial Shipping Law which includes regulations related with shipping which includes contracts, carriage of goods by sea. It also discusses the Hague and the Hague Visby Rules UNIT - 4.  discusses the concept of Laytime and demurrage and their exceptions.. UNIT -5 discusses Concept of Collision which includes collision of vessels in the sea and arising vicarious liability along with applicable jurisdiction in such situations. UNIT - 6 discusses Salvage, geographical limits of salvages and eligibility and it also discusses the concept of general Averages. UNIT - 7 discusses Jurisdiction in maritime and applicable conventions. 

COURSE OBJECTIVES: Currently 90% of international trade is carried on through sea. The annual rate of growth of sea-borne trade for the next decade is estimated at approximately 4.3%. Of this, Asia has the largest share of the world tonnage of sea- borne goods. Sea being the most important channel of world commerce, it is essential for law students to gain a fine-grained understanding of the law governing maritime activities. There are several issues which are pertaining to maritime such as liability of state at the time of collision, salvage, marine insurance and marine piracy. This course also highlights them for the better understanding of such issues.

 

Course Outcome

CO1: Explain the principles, concepts, doctrine, conventions, development and the legal framework of maritime law.

C02: Apply the laws, principles and concepts to issues arising in maritime disputes.

CO3: Analyse the rules and legal framework of international commercial affairs related to shipping.

CO4: Suggest solutions to legal problems in maritime law

CO5: Demonstrate a high level of understanding of the concepts like Admiralty Jurisdiction, Major Ports law, Maritime claims, Marine insurance etc.

Unit-1
Teaching Hours:10
SOURCES AND BASIC CONCEPTS
 

1.1  Development of Maritime law and its relation with law of the sea

1.2  Customs and International Conventions, Development in the law of the sea: UNCLOS I, II and III , ITLOS and National courts.

1.3  International Waters, baselines and Maritime Boundaries, Territorial Sea and contiguous zones, Right of Innocent Passage and costal state jurisdiction, EEZ, Continental shelf and International Fisheries. 

Unit-2
Teaching Hours:10
REGIME OF MARITIME PORTS
 

2.1 Port State Jurisdiction: Civil and criminal, attachment of ships and arrest of ships.

2.2 Access of foreign ships to ports, ships in distress, and quarantine regulations. 

2.3 Law relating to Indian Ports

Unit-3
Teaching Hours:10
COMMERCIAL SHIPPING LAW
 

3.1 International Sales of Goods, Carriage of Goods by Sea and Contracts of Carriage. 

3.2 The Voyage Charter party, The Bill of Lading, Sea Waybills, Implied Contracts on Loading, Ship owners’ Bill, Agency, Assignment and Non-Contractual Obligations.

3.3 Multimodal Transportation of Goods

3.4 Mandatory Application and Voluntary Incorporation, Contracting Out and Third-Party Reliance on the Rules.

3.5 The Carrier’s Duties Under Article 3, The Carrier’s Defenses under Article 4, Shipper’s Liability. 3.6 The Package Limitation and Containerization.

Unit-4
Teaching Hours:7
LAYTIME AND DEMURRAGE
 

4.1 Stevedoring, Termination Point of the Approach and Carrying Voyages, “Wibon” and “Time Lost” Clauses.

4.2 Laytime Exceptions and Demurrage, Suspending Laytime.

Unit-5
Teaching Hours:7
COLLISION
 

5.1 Vicarious Liability and Standard of Care, Causation and Apportionment of Liability. 

5.2 Damages, Statutory Liability and Jurisdiction.

Unit-6
Teaching Hours:10
SALVAGE AND GENERAL AVERAGE
 

6.1 Concept of Maritime Property, Geographical Limits of Salvage and Eligibility of a Salvor, Relationship between Salvor and Salvee, Salvage Awards, Remedies including Security for the Claim, Marine Insurance. 

6.2 Extraordinary Sacrifices, Extraordinary Expenses, Voluntariness and Time of Peril, Common Safety and Fault, Assessing Contributory Values and Losses.

Unit-7
Teaching Hours:6
JURISDICTION AND APPLICABLE LAWS
 

7.1 Contractual Law and Tort Law, Arrest and Mareva Injunction, Other Interlocutory Reliefs.

7.2 Shipping Rights, Ship Building and recycling.

Text Books And Reference Books:

1.      1952 Convention Relating to the Arrest of Sea Going Ships.

2.      1999 Convention Relating to the Arrest of Sea Going Ships.

3.      1957 Limitation Convention (Convention Relating to the Limitation of Owners of Seagoing Ships).

4.      1976 Limitation Convention (Convention on Limitation of Liability for Maritime Claims).

5.      1996 Protocols to the Limitation Convention (Convention on the Limitation of Liability for Maritime Claims)

6.      William Tetley, "The Burden and Order of Proof in Marine Cargo Claims [.pdf]" (2004).(available at http://www.mcgill.ca/maritimelaw/articles)

7.      William Tetley, "Jurisdiction Clauses and Forum Non Conveniens in the Carriage of Goods by Sea [.pdf]" (publisbed in Jurisdiction and Forum Selection in International Maritime Law. Essays in Honor of Robert Force (Martin Davies, ed.), Kluwer Law International, The Hague, 2005, Chapter 6 at pp. 183-263).

8.      William Tetley, "Mixed Jurisdictions, Language, Legislatures and Courts " (2003) 78 Tul. L. Rev. 175-218.

9.      R.R. Churchill and A.V. Lowe, “The Law of the Sea”, 3rd edn., Manchester, 1999

10.  Simon Baughen, “Shipping Law”, Routledge-Cavendish, London 2004


 

Essential Reading / Recommended Reading

1.      Shrikant Hathi & Binita Hathi, “Maritime Practise in India”, 7th Edition, Brus Chambers, Mumbai 2012.

2. Donald R. Rothwell & Tim Stephens, "The International The Law of the Sea" Hart Publishing, 2010

 

Evaluation Pattern

CIA 1 – Class Test (subjective)          10%

  

CIA II – Mid Semester Exam              25%

CIA III – Case analysis                        10%

End Semester Exam                             50%

Attendance                                            05%

 

Total                                                    100%

LAW986E - LAW OF EXECUTION (2019 Batch)

Total Teaching Hours for Semester:65
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION: Adjudication of dispute in favour of litigant in itself does not mean complete discharge of justice. The benefits given under the adjudication must reach the litigant. Execution is the most important aspect of civil justice. This course on law of execution of decree and orders of court in civil jurisprudence is aimed at providing a thorough understanding of the procedure to execute a decree contained in Order XXI of Code of Civil Procedure. The objective is to ensure an understanding on the powers and limitations of an executing court in deciding issues related to discharge and satisfaction of a decree; to provide detailed procedural steps to be followed by the decree-holder while applying for execution; to enable students to understand different modes of execution and select the most effective mode for particular decrees; to learn the procedure to execute foreign judgment and arbitral award; to enable students to apply the procedural provisions in drafting application for execution of various kinds of decrees and further to equip students with the analytical skill of raising plausible objections, identifying alternate remedies and identifying the consequences of specific modes of execution in terms of their limitations and effectiveness.

COURSE OBJECTIVES:

The objectives of this course are to enable students:

1.      To understand the provisions relating to execution in CPC after the decree is passed such as jurisdiction of civil courts to execute decree, transfer of decree etc

2.      To learn the procedure of execution of a decree in Indian civil courts

3.      To analyze the limitations and consequences of different modes of execution for different kinds of decrees and orders

4.      To compare the execution procedure for decrees and for foreign judgments as well as arbitral awards

5.   To apply the theoretical provisions of CPC relating to execution to practical problem situations

Course Outcome

CO1: to get understand the practical application of the procedure of execution of decree in civil courts.

CO2: to identify all the necessary clauses to be included in an application for execution and determine whether a particular dispute can be decided by the executing court

CO3: to analyse the limitations and consequences of each mode of execution and to identify the most suitable mode of execution for a particular kind of decree out of arrest and detention, attachment of property, sale of property etc.

CO4: to analyse an execution application to raise effective objections to the same, find alternate modes or remedies for the judgment-debtor also.

CO5: to distinguish between the execution procedure for decrees by Indian courts and execution of foreign judgment and arbitral awards in India.

CO6: to apply and incorporate the provisions relating to execution in CPC to draft execution applications and objections

Unit-1
Teaching Hours:12
Introduction
 

Learning outcome: Students will be able to identify decisions of court in terms of capacity to be executed and also determine the jurisdiction of the executing court in deciding issues relating to discharge, satisfaction of a decree.

General study of execution-Provisions relating to execution in general-Definitions-General principles of execution-Transfer of decree for execution – Questions to be determined by executing court

Unit-2
Teaching Hours:15
Procedure
 

Learning outcome: Students will be able to identify the clauses necessary to be incorporated in an execution application.

Execution against public officers-Proceedings by or against legal representatives - Enlargement of time-Caveat-Inherent powers-Courts executing decree-Application for execution- Process for execution – Stay of execution

Unit-3
Teaching Hours:20
Modes of Execution
 

Learning outcome: Students will be able to explain the procedure followed in different modes of execution, to determine the limitations and consequences of each of them; to evaluate the most effective mode of execution for different kinds of decrees

Delivery of property – Payment of money – Restitution of conjugal rights – Specific performance of contract - Arrest and detention in civil prison - Attachment – Garnishee orders -Adjudication of claims & objections to attachment - Determination of attachment- Sale of property

Unit-4
Teaching Hours:5
Appeal and Revision
 

Learning outcome: Students will be able to explain the remedies available against orders of executing court and the procedure for the same.

Appeal - Second Appeal - Revision                                                                         

Unit-5
Teaching Hours:8
Execution of Certain decrees
 

Learning outcome: Students will be able to distinguish between the procedure to execute decree passed by courts in India and execution of foreign judgment as well as arbitral award

Injunction- Execution of foreign judgment – Execution of arbitral awards

Unit-6
Teaching Hours:5
Limitation and Resistance to Execution
 

Learning outcome: Students will be able to discern the procedure to be followed where judgment-debtor or any person obstructs execution of decree.

Limitation for satisfaction of decree-Resistance to execution

Text Books And Reference Books:

1. Sir Woodroff & Ameer Ali’s Law on Execution of Decrees and Orders, 4 th Ed Delhi Law House, 2016

2. Kant Mani. Law of Execution of Decrees &Orders:Kamal Publishers,2017

3. Y.P Bhagat .Law of Execution procedures:Universal publishers,2016

4. Mulla. Code of Civil Procedure. New Delhi: Universal Publishing Co., 1999 Page 85 of 94

5. Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.

6. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co.,1998

Essential Reading / Recommended Reading

1.      K S Gopalakrishnan, Law of Execution, Alt Publications Pvt Ltd, 2006

2.      Kant Mani, Law of Execution of Decrees & Orders, Kamal Publishers, 2017

3.      Jai S Singh, Commentary on the Law of Execution: Procedural Aspects, Cases and Materials on Execution of Decrees and Orders, Unique Law Publishers, 2010

4.      C. K. Thacker, Code of Civil Procedure, Universal Publishing Co., 2000

5. Mallick M. R. (Ed.) B. B. Mitra on Limitation Act, Eastern Book Co., 1998

Evaluation Pattern

CIA -1 - 20 marks - 10%

CIA - 2 - 50 marks - 25%

CIA-3 - 20 marks - 10%

End semester examinations - 100 marks - 50%

Attendance - 5%

LAW1071 - 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.

Course Objectives : 

  1. To introduce the students to the practical aspects of the profession by organizing moot courts and sending them to courts for a personal experience of the functioning of courts.
  2. To enable stutents  to obtain a first-hand information of the practicalities of the working of courts.

Course Outcome

CO1: A student will be able to prepare arguments and case briefs for the given legal problem by applying the appropriate law at the national and local levels.

CO2: A student will be able to analyze the case law and demonstrate legal argumentation by presenting them in a concise manner.

CO3: A student will be able to compose and compile the legal documents in an organized manner.

CO4: A student will be able to demonstrate knowledge of court procedures and mannerisms.

CO5: A student will be able to employ the techniques of client interviewing.

CO6: A student will be able to observe courtroom demeanour and client counselling.

UNIT 1
Teaching Hours:20
MOOT COURT
 

Every student is required to present argument in at least three moot courts in the semester. The moot court problem will be assigned to the student by the course teacher and the student will be required to make a written submission for 5 marks and also make oral submission for 5 marks.

UNIT 2
Teaching Hours:10
COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
 

Students will also get a practical exposure to the techniques of client interviewing and the substantive as well as procedural steps involved in preparation of a brief by lawyers.

Student are required to attend two trials, one civil and one criminal, in the course of last year of the course. They are required to maintain a record and enter the various steps observed by them during their attendance on different days in the court assignment. Records maintained in respect of each trial will be valued for 10 marks.

Each student will observe two interviewing sessions of clients at a lawyer’s office or at the Legal Aid Office and record the proceedings in a diary, which will carry 5 marks.

Each student will further observe the preparation of documents and court papers by the advocate and the procedure for the filing of the suit/petition. This will be recorded in the diary which will carry 5 marks.

UNIT 3
Teaching Hours:10
INTERNSHIP
 

Students will have practical experience of the professional aspects of the subjects they have studied  [40marks]

UNIT 4
Teaching Hours:10
VIVA VOCE
 

A viva voce will be conducted on the above three aspects at the end of the course . 10marks

Text Books And Reference Books:

As per BCI regulation

Essential Reading / Recommended Reading

As per BCI regulation

Evaluation Pattern

SCHEME OF VALUATION

 

a.      Three Moot Court Exercises                – 30 Marks

b.      Court Visits                                            – 10 Marks

c.       Lawyers Chamber Visits                      – 10 Marks

d.     Internship                                               – 40 Marks

e.      Viva Voce                                                – 10 Marks

Total                                                         100 Marks


 

LAW1072 - DISSERTATION (2019 Batch)

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

Course Objectives/Course Description

 

This Paper is designed to test the research prowess of the students and their analytical skills. It is aimed at enabling the students to hone their skills as a researcher that would be of immense help to them in their career.

Course Outcome

CO1: plan, and engage in, an independent and sustained critical investigation and evaluation of a chosen research topic relevant to environment and society

CO2: systematically identify relevant theory and concepts, relate these to appropriate methodologies and evidence, apply appropriate techniques and draw appropriate conclusions

CO3: identify challenges and lacking in implementation of legislations

CO4: engage in systematic discovery and critical review of appropriate and relevant information sources

Unit-1
Teaching Hours:60
Research
 

Students are required to identify a research area and prepare a dissertation in the same using legal research methodology. 

Text Books And Reference Books:

1.      William J Goode and Paul K Hatt, Methods in Social Research, Surjeet Publications, Indian Reprint, 2006.

2.      Pauline V Young, Scientific Social Surveys and Research, PHI Learning Private Limited, 2014.

3.      Morris L Cohen, Legal Research in a Nutshell, West Publishing Co., Massachusetts, (3rd ed., 1978).

4.      Gordon Rugg and Marian Petre, A Gentle Guide to Research Methods, Tata McGraw Hill Education Private Limited, New Delhi, 2010.

5.      Zina O’Leary, The Essential Guide to Doing your Research Project, Sage Publications, New Delhi, 2010.

6.      Nicholas Walliman, Your Research Project, Sage Publications – Designing and Planning your work, New Delhi (3rd ed., 2011).

7.      Frans L. Leeuw & Hans Schmeets, Empirical Legal Research – A Guidance Book for Lawyers, Legislators and Regulators, Edward Elgar, Northampton, U.S.

Essential Reading / Recommended Reading

1.      William J Goode and Paul K Hatt, Methods in Social Research, Surjeet Publications, Indian Reprint, 2006.

2.      Pauline V Young, Scientific Social Surveys and Research, PHI Learning Private Limited, 2014.

3.      Morris L Cohen, Legal Research in a Nutshell, West Publishing Co., Massachusetts, (3rd ed., 1978).

4.      Gordon Rugg and Marian Petre, A Gentle Guide to Research Methods, Tata McGraw Hill Education Private Limited, New Delhi, 2010.

5.      Zina O’Leary, The Essential Guide to Doing your Research Project, Sage Publications, New Delhi, 2010.

6.      Nicholas Walliman, Your Research Project, Sage Publications – Designing and Planning your work, New Delhi (3rd ed., 2011).

7.      Frans L. Leeuw & Hans Schmeets, Empirical Legal Research – A Guidance Book for Lawyers, Legislators and Regulators, Edward Elgar, Northampton, U.S.

Evaluation Pattern

1. Research Report               – 70%

2. Viva voce                            – 30%

                                    TOTAL 100%

LAW1073 - PARA LEGAL SERVICES AND LEGAL AID (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 has been conceptualised in order to offer law students the opportunity to participate in service-learning activities that are significant and relevant to their local community. The students will provide legal aid throughout various stages and gain the essential knowledge to start working as an entry-level paralegal in the legal service industry. By blending in-class teachings, reflection, and practical experiences, students will develop expertise and abilities in civic participation. The course will cover the significance of service learning in the legal field, its advantages, and how to execute it.

COURSE OBJECTIVES:

1.      To educate students to serve the community.

2.      To encourage students to contribute to the advancement of the society and the legal profession.

3.      Educate and provide social services to poor.

4.      To provide basic legal education to the paralegals.

5.      To familiarize students with the legal system and the role of the paralegal in the delivery of legal services in the public and private sectors.

6.      To train students to be prepared to use and apply the current paralegal skills.

Course Outcome

CO1: 1. Use their classroom learning to resolve real world legal issues.

CO2: 2. Develop civic responsibility through meaningful engagement with community.

CO3: 3. Reflect on the experiences through class presentations, work reports, and discussions.

Unit-1
Teaching Hours:10
PARALEGAL SERVICES
 

1.      Introduction to Paralegal services

2.      The definition of Paralegal services

3.      Historical development

4.      Paralegal services in Western Countries

5.      Paralegal services in India

6.      Importance of Paralegal services

7.      Assignments

Unit-2
Teaching Hours:10
THE ROLE OF THE PARALEGALS
 

1.      Paralegal education

2.      Paralegal professional associations

3.      Registration, Certification and Licensure

4.      What Paralegals Do?

5.      Where Paralegals work?

6.      Assignments

Unit-3
Teaching Hours:10
PARALEGAL AND LEGAL AID SERVICES
 

1.      Historical Background of Legal Aid Services

2.      Legal Aid Services in Western Countries

3.      Legal Aid and Constitutional Mandate

4.      Judicial trends and Legal Aid

5.      National Legal Services Authority Act, 1987

6.      Assignments

Unit-4
Teaching Hours:10
LEGAL AID CLINICS / CELLS/ CLUBS
 

1.      Introduction to legal aid clinics

2.      National Legal Services Authority (Legal Aid Clinics) Regulation, 2011

3.      Establishment of Legal Aid Clinics/Cells/Clubs

4.      Working of Legal Aid Clinics/Cells/Clubs

5.      For the activities of legal aid clinics/Cells/Clubs, the students will be divided into 12 groups (Each group consists of 05 students) and they will be assisting with the allotted DSLA in case studies.

Assignments

Unit-5
Teaching Hours:30
FIELD STUDY / PRACTICAL EXPOSURE & RECORD SUBMISSION
 

 

Under MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur or any other

1.      Visit to DSLA-Chikkaballapura

2.      Visit to DSLA –Kolar

3.      Visit to DSLA – Tumkur       

Var  Various other DLSA's of different States across the country

4.     Work report - Record Submission

5.      Viva –voce (External Examiners)

 

Text Books And Reference Books:

1.      Dr. S.S. Sharma. Legal Services, Public Interest Litigations & Para-Legal Services: Central Law Agency: II nd Edition 2006, 349.

2.      Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, 195.

3.      Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services: Central Law Agency: Second Edition 2010

4.      Dr. SR Myneni. Public Interest Lawyering, Legal Aid and Para Legal Services: Asia Law House, Hyderabad: 2nd Edition 2007, 183.

5.      Narain, Akhilesh- Legal Aid, Public Interest Lawyering and Para Legal Services'. Agra Law Agency, 2000, Raja Mandi, Agra-282002, P-53, Para -IV

 

 

Essential Reading / Recommended Reading

1.      Dr. S.S. Sharma. Legal Services, Public Interest Litigations & Para-Legal Services: Central Law Agency: II nd Edition 2006, 349.

2.      Ajay Gulati, Dr. Jasmeet Gulati. Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, 195.

3.      Dr. NV Paranjape. Public Interest Litigation, Legal Aid & Services, Lok Adalats & Para-Legal Services: Central Law Agency: Second Edition 2010

4.      Dr. SR Myneni. Public Interest Lawyering, Legal Aid and Para Legal Services: Asia Law House, Hyderabad: 2nd Edition 2007, 183.

5.      Narain, Akhilesh- Legal Aid, Public Interest Lawyering and Para Legal Services'. Agra Law Agency, 2000, Raja Mandi, Agra-282002, P-53, Para -IV

 

 

Evaluation Pattern

·         Paralegal services                           30 marks

·         Legal Aid Camp                             20 marks

·         Prison Visit                                      10 marks

·         Record Submission                         30 marks

·         Viva Voce                                         10 marks

Total                                                  100 Marks

LAW1074 - 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

 

This paper aims at giving the students an opportunity to know the working of law by referring to its various practical facets, be it criminal or civil. It also emphasizes on the conveyancing aspects and imparts to students requisites of drafting under various formats along with scrutiny of documents / records.

Course Outcome

CO1: Draft the legal deeds/documents/pleadings efficiently

CO2: Formulate the abstract concepts and put forth effective argument.

CO3: Identify the issues involved, collect, appropriate evidence, get true and correct information.

CO4: Draft the legal deeds and documents with precision by following the appropriate legal format.

CO5: Scrutinize the legal documents and deeds.

Unit-1
Teaching Hours:10
DRAFTING
 

General principles of drafting, Substantive rules

Unit-2
Teaching Hours:10
PLEADINGS (CIVIL)
 

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Unit-3
Teaching Hours:10
PLEADINGS (CRIMINAL)
 

Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition.

Unit-4
Teaching Hours:10
CONVEYANCES
 

Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed

Unit-5
Teaching Hours:10
LEGAL SCRUTINY REPORTS
 

Legal document, conveyancing deeds and revenue records.

Unit-6
Teaching Hours:10
JUDGEMENT WRITING
 

Art of writing orders and judgments

Text Books And Reference Books:
  1. Sengupta, Ajit K. Majumdar’s Law Relating to Notices. Kolkata: Eastern Law House Pvt. Ltd., 2005.
  2. Mogha G. C. Mogha’s Law of  Pleadindgs in India with Precedents. 17th ed. Lucknow: Eastern Book Company, 2006 (2009).
  3. Shrivastava J. M. Mogha’s Indian Conveyancer. 14th ed. Lucknow: Eastern Book Company, 2009.
  4. Bindra, M. S. Bindra's Pleading & Practice Vol. 1 & 2. New Delhi: Universal Law Publishing, 2021.
  5. Parimeswaran, S. Law of Affidavit. New Delhi: Universal Law Publishing, 2003.

       6. Rathwade, Rajaram S. Legal Drafting, Pune:Hind Law House, 2010

Essential Reading / Recommended Reading

Recommended References

 

1.      The Karnataka Courts Practice Manual – Law Practice and Procedure (2 Volumes),

2. Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 P Acc No. 22305,22306)

3. The Karnataka High Court Manual, Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 PU Acc No. 21682)

4. Kafaltiya, A.B., Textbook on Pleadings, Drafting, Conveyancing, Universal Law Publications, 2017

5. Aggarwal, S.P., Drafting and Conveyancing, LexisNexis Butterworths, 2015

6.  DeSouza’s Laws and Precedents of Conveyancing, Eastern Bok House, 2017

7. Kolhatkar, Medha., Drafting, Pleading and Conveyancing, LexisNexis, 2020

8. Sahni and Bansal., Civil Pleadings; Art of Better Drafting, Capital Law House, Delhi, 2017

10. Wadhera, B.L., Public Interest Litigation, with Model PIL Formats, 5th Ed., Universal Law Publication, 2016

Evaluation Pattern
  •  Class Tests – 40%
  •  Mid Semester Examination – 20%
  •  Record Book – 30%
  •  Viva Voce – 10%

 

LAW1075 - PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM (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

  • To understand the statutory provisions relating to legal profession andcontempt of law
  • To understand the procedure followed by the disciplinary committees of Bar Councils
  • To analyse the BCI opinions regarding professional misconduct
  • To analyse the profession with the lives and experiences of advocates through their autobiographies
  • To gain an understanding on the basics of professional accountancy

Course Outcome

CO1: Describe and explain the substantive and procedural law relating to the profession

CO2: Face or answer the Enrolment Committee?s profession related questions

CO3: Identify norms of professional conduct and etiquette of the local Bar Associations.

CO4: Analyse the BCI and State Bar Council opinions

CO5: Explain various aspects of advocacy and the profession through reading autobiographies and watching biopics of/on the lives and experiences of regional, national and international lawyers.

CO6: Critically analyse the rationales behind the ethical rules and law of contempt of court.

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India;

Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates;

Dress Code

Law Graduate;

 

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

 

 

 

 

 

 

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies - 

 

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law  

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Unit-3
Teaching Hours:14
CONTEMPT LAW AND PRACTICE
 

Introduction to Contempt of Court Act; Legislative Competency &Constitutional validity of contempt law

Meaning –Features of civil  contempt;criminal contempt

Extent of contempt jurisdiction; contempt by lawyers, judges, State and corporate bodies

BCI  Opinions prescribed

Unit-4
Teaching Hours:25
50 SELECTED OPINIONS OF BAR COUNCILS AND 10 SELECTED CASES OF SUPREME COURT OF INDIA
 

BCI  Opinions prescribed

Unit-5
Teaching Hours:5
PROFESSIONAL ACCOUNTING FOR LAWYERS
 

Professional Accounting; Nature and Functions

 Need of accountancy for lawyers

Text Books And Reference Books:

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

 

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

Essential Reading / Recommended Reading

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

 

Evaluation Pattern

Assessment outline and break up of marks as per components: 

 

Component

Details of 

Marks

1

Examination with theoretical as well as application based questions

50

2

2 Classroom presentations on BCI and Supreme Court judgments

15 (7.5 + 7.5)

3

Record book submission

25

4

Viva voce by external experts at the end of the course

10

TOTAL

100

LAW1076 - ALTERNATE DISPUTE RESOLUTION (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

This course introduces students to the rules that govern how alternative dispute resolution is conducted. The course contains an overview of negotiation, mediation, conciliation, arbitration and the entire body of rules ranging from commencement of proceedings, to defining issues, to enforcement of judgments. There is particular emphasis upon simulation exercise for the different alternative dispute resolution mechanisms.

Unit 1 negotiation skills, it helps the students to understand the Conflict Resolution, and Negotiation Skills. Unit 2, Mediation and conciliation skills, enables the students to learn mediation and conciliation process, methods & skills, Unit 3: Arbitration, helps the students to understand the legal regime of arbitration, arbitration agreement, types of arbitration, constitution of arbitral tribunals, appointment of arbitrators and arbitral awards.

Practical exercise for conciliation, mediation, negotiation and arbitration enhances the skills of students.  The final year students are expected to get acquainted with the theoretical & practical knowledge about alternative modes of dispute resolution which have gained primacy in the present context.

 

Course objectives

 

 The main objectives of the Course are:

   To study international legal framework with respect to ADR mechanisms.

   To understand the Indian legal regime on Arbitration, Mediation, Conciliation & Negotiation.

   To explain various dispute resolution methods of arbitration, mediation and conciliation.

   To identify the strengths and weakness of various dispute resolution methods.

   To compare and contrast various legal implications of each method and train students to be effective Arbitrators, Conciliators and Mediators.

Course Outcome

CO1: To explain various legal frameworks on arbitration, mediation, conciliation and negotiation.

CO2: To analyze the international legal frame work on arbitration and conciliation.

CO3: To apply procedures of ADR mechanisms to hypothetical problems and address the issues of the clients

CO4: To identify the issues, and act for the best interest of the parties.

Unit-1
Teaching Hours:5
UNIT 1: NEGOTIATION SKILLS
 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises

Unit-2
Teaching Hours:45
UNIT 2: 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

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation-

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

Unit-3
Teaching Hours:20
UNIT 3: ARBITRATION
 

Arbitration - Introduction to Arbitration– meaning, scope, concept, terminology, history of Arbitration, types of Arbitration, Arbitration agreement, seat of arbitration, Arbitral Proceedings, statement of claim and defense, Arbitral Tribunal - Composition, eligibility and qualifications of arbitrators. Termination or a mandate of arbitral Tribunal's and of arbitrators, appointment of arbitrators and filling up of vacancies, powers and functions of Arbitral Tribunal's, Arbitral award-recourse and enforcement, rules of procedure, Online Dispute Resolution, Simulation Exercises.

Text Books And Reference Books:

1.     Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution’,Oxford University Press, USA, 2014

2.     Albert Fiadjoe: Routledge,Alternative Dispute Resolution: A Developing World Perspective., 2013.

3.     Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

4.     Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis ButterworthsWadhwa Nagpur, 2009.

5.     Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

6.     Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

7.     Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009

Essential Reading / Recommended Reading

1.     Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution.  Oxford University Press, USA, 2014

2.     Albert Fiadjoe: Routledge,‘Alternative Dispute Resolution: A Developing World Perspective., 2013.

3.     Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

4.     Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis ButterworthsWadhwa Nagpur, 2009.

5.     Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

6.     Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

7.     Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009.

8.     AnirBhanchkraborthy, ‘Law &Practise of Alternative dispute analysis- a detailed study, Lexis Nexis,2015.

9.     Madabhushi Sridhar, Alternative dispute resolution, Lexis Nexis,2010.

10.  Avatar Singh,Law of arbitration and conciliation and dispute resolution system, Eastern Book Company2013.

11.  Susan Blake, Julie Brown, Practical approach to alternative dispute resolution,OUP Oxford,2014

Evaluation Pattern

SCHEME OF EVALUATION

      Mid-Sem -Exam                                     – 30 Marks

      Arbitration Exercise                               -10Marks

      Mediation and conciliation exercise   - 20 Marks

      Negotiation Skills                                  - 10 Marks

      Record                                                     - 20 Marks

      Viva-Voce                                                - 10 Marks

                                                                        TOTAL 100%