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1 Semester - 2023 - Batch | Course Code |
Course |
Type |
Hours Per Week |
Credits |
Marks |
LAW121 | PRINCIPLES OF MANAGEMENT | Core Courses | 4 | 4 | 100 |
LAW122 | HUMAN RESOURCE MANAGEMENT | 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 |
LAW144B | LEGAL LANGUAGE AND LEGAL WRITING | Core Courses | 5 | 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 |
LAW221 | PRINCIPLES OF ACCOUNTING | Core Courses | 4 | 4 | 100 |
LAW222 | FINANCIAL MANAGEMENT | Core Courses | 4 | 4 | 100 |
LAW233 | ECONOMICS FOR LAW II | Core Courses | 4 | 4 | 100 |
LAW244A | ENGLISH | Core Courses | 4 | 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 |
LAW321 | GENDER, DIVERSITY, AND INCLUSION IN ORGANIZATIONAL MANAGEMENT | Core Courses | 4 | 4 | 100 |
LAW322 | MARKETING MANAGEMENT | 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 | Core 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 |
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Introduction to Program: | |
BBA, LL.B ( Honours). 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: To identify, predict, mitigate challenges and engage in effective dispute resolution focusing on the individual, institution and societal problems. PO4: Take initiatives towards social transformation through socio-legal engagement. PO5: Exhibit ethical and professional behaviour in a team, demonstrating leadership and collaboration. Programme Educational Objective: PSO1: Analyse legal problems and suggest concrete measures in compliance with law of the land. | |
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%
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Examination And Assesments | |
Continues internal assessments for theory course 50%, end semester examination 50% |
LAW121 - PRINCIPLES OF MANAGEMENT (2023 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
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Course Description: The course provides foundation to the principles of management and major managerial functional areas in mamangement . It covers the basic principles of planning, organizing, staffing, motivation, leadership, communication and controlling. It traces the historical evolution of management thought and also focuses on the contemporary challenges faced by managers. COURSE OBJECTIVES: A) To expose students to the theories of management, organizational theory, and the practices of management in contemporary organizations from a conceptual, analytical, and pragmatic perspective. B) To enable the students to learn the skills and knowledge on managing the organization and implement the principles of management effectively in the organization. C) To orient the students on recent changes and development in the field of management |
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Course Outcome |
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CO1: Students will be able to describe and discuss the elements of effective management and apply the planning, organizing and control processes CO2: : Students will be able to identify, discuss and/or describe various theories related to the development of leadership skills, motivation techniques, teamwork and effective communication CO3: Students will be able to apply the knowledge about management in the real life business situation |
Unit-1 |
Teaching Hours:8 |
NATURE OF MANAGEMENT
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Definition of Management, Nature of Management – Management as a Science or Art or Profession – Management vs Administration.Types of Organizations Management. | |
Unit-2 |
Teaching Hours:8 |
EVOLUTION OF MANAGEMENT THOUGHT
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Scientific Management. Contributions of Henry Fayol, Principles of Management Hawthorne Experiments and Human Relations, Contributions of Behavioural Scientist- sQualities and skills of a Manager. | |
Unit-3 |
Teaching Hours:8 |
FUNCTIONS OF MANAGEMENT
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Need for the Principles of Management. Social responsibilities of Business. Factors responsible for the realization of Social Business Social issues of Business. Responsibility towards different interest Groups. For/against Social responsibility Social values and Business Ethics. Social responsibility in India
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Unit-4 |
Teaching Hours:8 |
PLANNING
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Nature and Definition of planning - Premises – Principles of Planning-The 6 P’s in Planning- Reasons for Planning Approaches to Planning- Pros & Cons in Planning Steps in Planning Process, Types of Plans.
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Unit-5 |
Teaching Hours:8 |
FORMAL INFORMAL ORGANIZATION
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Principles of Organization Importance –Objectives –Steps in organization Organizational Structure - Types of Organization Departmentation Committees - Authority and Responsibility – Differences Centralization vs Decentralization
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Unit-6 |
Teaching Hours:8 |
DIRECTING
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Power – Sources of Power. Delegation – Characteristics – Principles – Types Difficulties in delegation- Importance – Factors influencing degree of Delegation Leadership – Definition – Nature – Theories Styles of Leadership Functions- Qualities | |
Unit-7 |
Teaching Hours:8 |
MOTIVATION
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Nature – Types - Importance Maslow’s Theory of Motivation- Herzberg’s theory Carrot and stick approach – McGregor’s Theory X & Y Techniques to increase motivation
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Unit-8 |
Teaching Hours:4 |
QUALITY CONTROL
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Certification- Six Sigma – Total Quality Management Systems. Industrial Visit as a part of Service learning. | |
Text Books And Reference Books: 1) Stoner, Freeman, Gilbert Jr. (2014). Management (6th edition), New Delhi: Prentice Hall India. 2) Koontz, H., & Weihrich, H. (2010) Essentials of Management, McGraw Hill Publishers. 3) Daft, R. L. (2009). Principles of Management (1st edition), Cengage Learning. 4) Gupta, R.S., Sharma, B.D., &Bhalla. N.S. (2011). Principles & Practices of Management (11th edition). New Delhi: Kalyani Publishers. 5) Ramadorai, S. (2011). The TCS Story and Beyond. India: Penguin Books 6) Rao, P.S. (2009). Principles of Management, Himalaya Publishing House. 7) Rao, V.S.P. & Krishna, V. H. (2009). Management: Text and Cases, Excel Books 8) Sharma, R.K & Gupta, S.K. (2009). Business Management (3rd edition), New Delhi: Kalyani Publishers. 9)Tripathi, R. (2009) Essentials of Management, Himalaya Publishing House | |
Essential Reading / Recommended Reading
1. Stoner, Freemen, and Gilbert Jr. Management, Prentice Hall. 2. Koontz, Weihrich. Essentials of Management. Mc.Graw Hill. 3. Gupta, S. L., Anurag Mittal, and Dr. Sunil K. Gupta. Case Studies in Management, Wisdom Publications. 4. Sharma, R. K, and Shashi Gupta. Business Management, Kalyani Publishers. 5. Prasad, L. M. Principles and Practice of Management, Sulthan Chand Publishers. | |
Evaluation Pattern · CIA I – Class Test / Assignment / Presentation – 10% · CIA II – Mid Semester Examination – 25% · CIA III – Book Review – 10% · Attendance – 05% · End Semester Examination – 50% TOTAL 100%
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LAW122 - HUMAN RESOURCE MANAGEMENT (2023 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
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Course Description:- Human Resource Management provides an overview of the HR function covering the entire gamut of operations related to employee life cycle management. The course focuses on providing the basic understanding of HR processes and practices followed in a business organisation. A special reference is made to address the ethical and legal issues involved. Course Objectives
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Course Outcome |
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CO1: To familiarize with the fundamental philosophy of having a quality HR department in the organization. CO2: To understand the processes and practices in HR functions CO3: To analyze legal implications with regard to Human resource management CO4: To enable the students to apply the appropriate HR Practices in different business scenarios. |
UNIT 1 |
Teaching Hours:8 |
Introduction: Human Resources Management
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Nature of HRM, scope of HRM, evolution of HRM, HRM model, personnel polices and principles- Context of human resources management, HRM and environment scanning, integrating HRM strategy with business strategy, nature of strategic HRM
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UNIT 2 |
Teaching Hours:8 |
Job Analysis
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Nature and importance of HRP, Factors affecting HRP-Human resources planning and government, barriers of HRP; Analyzing work and designing jobs- nature of job analysis, process of job analysis, job analysis and competitive advantage, job design.
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UNIT 3 |
Teaching Hours:8 |
RECRUITMENT, SELECTION AND INDUCTION
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Nature and factors affecting recruitment, purpose and importance, planning recruitment process, searching, screening, evaluation and control, Nature of selection, selection as a source of competitive advantage, barriers to selection, Induction, orientation programme, requisites of an effective programme, evaluation of orientation programme, problems of orientation. | |
UNIT 4 |
Teaching Hours:15 |
TRAINING, DEVELOPMENT AND CAREER MANAGEMENT
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Nature of training and development, inputs and gaps in training, training process, planning training process, career development; Appraising and managing performance – appraisal process, challenges of performance appraisal, job evaluation, legal issues, 360 degree appraisal. | |
UNIT 5 |
Teaching Hours:8 |
MANAGING BASIC REMUNERATION
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Components of remuneration, devising remuneration policy, – incentive payments, scope of incentive schemes, types of incentives, group incentives, Managing employee benefits and services, recruiting executives | |
UNIT 6 |
Teaching Hours:6 |
MANAGING BETTERMENT WORK
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Safe and healthy environment, managing separation and rightsizing, downsizing, managing attrition. | |
UNIT 7 |
Teaching Hours:7 |
MANAGING ETHICAL ISSUES IN HRM
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Contemporary issues in HRM, Ethical Issues in HRM, E-HRM, Introduction to International HRM | |
Text Books And Reference Books: K. Aswathappa (2017), Human Resource Management: Text and Cases, 8th edition, Tata Mc Graw Hill. | |
Essential Reading / Recommended Reading
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Evaluation Pattern Course Assessment Methods: The course assessment will be in the form of CIA-I, CIA-II, CIA-III and End semester exams. One of the CIA assignments will be a Google Classroom / Moodle assignment. Both individual and group assignments as a part of CIA will be assigned and conducted. One CIA will be conducted through Google Classroom and the other CIA will be conducted in the class itself on the specified dates. The CIA marks allocation is mentioned below:
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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 |
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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: |
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Course Outcome |
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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
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Vargeeya Vyanjana, Anunasikagalu | |
Unit-1 |
Teaching Hours:6 |
Lesson-3
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Avargeeya Vyanjana, Ottakshargalu | |
Unit-1 |
Teaching Hours:6 |
Lesson-1
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Kannada Varnamale- Swargalu, Sandhyakshara, Anuswara & Visarga | |
Unit-2 |
Teaching Hours:4 |
Lesson-1
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Kaagunitha | |
Unit-3 |
Teaching Hours:4 |
Lesson-1
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1. Parts of Speech: Noun, Pronoun, Verb, Conjunction, Interjection, Exclamatory. | |
Unit-4 |
Teaching Hours:4 |
Lesson-1
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Linga, Vachana, Vibhakti Pratyagalu | |
Unit-5 |
Teaching Hours:3 |
Lesson-1
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Verb Root, Verb- Past and Non Past | |
Unit-6 |
Teaching Hours:9 |
Lesson-1
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Sentence making, Translation & Question form, Negation, Opposite words | |
Unit-6 |
Teaching Hours:9 |
Lesson-2
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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 |
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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. |
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Course Outcome |
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Unit-1 |
Teaching Hours:10 |
INTRODUCTION TO ECONOMICS
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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
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Unit-3 |
Teaching Hours:10 |
THEORY OF PRODUCTION, COSTS AND REVENUE
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Unit-4 |
Teaching Hours:10 |
THEORY OF MARKETS
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Unit-5 |
Teaching Hours:10 |
WELFARE ECONOMICS
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Unit-6 |
Teaching Hours:10 |
FUNDAMENTALS OF MACROECONOMICS AND DEBATES ON MACROECONOMIC POLICIES
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Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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% | |
LAW144B - 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 |
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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. |
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Course Outcome |
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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
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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
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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
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Unit-3 |
Teaching Hours:10 |
LEGAL MAXIMS
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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).
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Unit-4 |
Teaching Hours:7 |
USE OF WORDS AND PHRASES IN LEGAL WRITING
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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
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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:
| |
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% | |
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 |
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Course Outcome |
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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
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
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||
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
| ||
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
| ||
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
| ||
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
| ||
Text Books And Reference Books:
| ||
Essential Reading / Recommended Reading
| ||
Evaluation Pattern
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
5. Calculate the liability for violation of consumer rights.
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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
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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
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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
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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
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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
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|
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:
| |
Essential Reading / Recommended Reading
| |
Evaluation Pattern CIA I- 20 marks - 10% CIA II - Mid Semester Examination - 25% CIA III – 20 marks - 10% Attendance - 05% End semester examination – 100 marks - 50% | |
LAW221 - PRINCIPLES OF ACCOUNTING (2023 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
|
This subject aims at understanding the basics of accounting theory and practice. It is devised to impart the essentials of accounting techniques and standards, along with corporate accounting practices. UNIT 1 seeks to introduce the students to the foundational aspects of accounting practices and give a brief introduction to Cost accounting, Management Accounting and Financial Accounting and the differences between the three branches o accounting. UNIT 2 deals with the basic principles of Financial Accounting, the concepts and conventions, also the difference between Capital and Revenue expenditure. UNIT 3 is designed to impart the procedural techniques of a normative process of accounting starting with Journal, Ledger and Trial Balance. UNIT 4 looks into the preparation of Final Accounts. UNIT 5 harps upon the requisites of cost accountancy and their relevance for the law. UNIT 6 looks into the aspects of overhead costs. UNIT 7 is an account of marginal costing, concepts like BEP, P/V ratio etc
UNIT 8, deals with flexible budgets and the theoretical aspects of the budgets.
|
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Course Outcome |
|
CO1: Students will have a board understanding of the 3 branches of accounting and aplly them as per the situation arises CO2: Students will be able to prepare final accounts and understand the difference in revenue expenditure and Capital expenditure CO3: students will be able to prepare the cost sheet and know the application of the apportionment of expenses and allocation of overheads CO4: Students will be able to prepare Flexible budgets and solve Marginal costing problems and apply the same for decision making |
Unit-1 |
Teaching Hours:6 |
INTRODUCTION
|
|
Need for accounting, Accounting vs Book keeping, Streams of accounting — Financial, Cost and Management Accounting , Objective and scope limitations of Financial, Cost and Management Accounting, comparison with Financial Cost and Management accounting | |
Unit-2 |
Teaching Hours:8 |
BASICS OF FINANCIAL ACCOUNTING
|
|
Principles, Convention and Concepts of accounting-Systems of Accounting, Types of expenditure, Double entry system of accounting, Depreciation accounting theory – SLM method and Diminishing Returns method - Journal entries and ledger accounts | |
Unit-3 |
Teaching Hours:8 |
PROCESS OF ACCOUNTING
|
|
Journalizing, Ledger posting, Balancing of Ledger accounts, Preparation of final accounts with adjustments to Prepaid expenses-unpaid expenses- Bad debts- income received in advance and clsoing Stock; illustrations and exercises | |
Unit-4 |
Teaching Hours:8 |
BANK RECONCILIATION STATEMENT AND RECTIFICATION OF ERRORS
|
|
Preparation of bank reconciliation statement (theory only), Types of errors, effect of errors in Trial Balance. Minor problems in rectiication. | |
Unit-5 |
Teaching Hours:8 |
COST ACCOUNTANCY AND MATERIAL COST
|
|
Concept of cost, Special types of cost, Elements of Cost, Preparation of Cost Sheet. Direct/Indirect material, procurement/issue of material, Purchase Order, GRN, MRN, Bincard, methods of valuation of stores, receipt FIFO/LIFO method of inventory. | |
Unit-6 |
Teaching Hours:8 |
OVER HEAD COST
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|
Element wise and function wise classification, procedure of charging the overheads, Primary and Secondary distribution methods, Machine hour rate, under/over absorption, illustrations and exercises . | |
Unit-7 |
Teaching Hours:7 |
MARGINAL COSTING
|
|
Concept, Basic assumption, features, form of operating statement, Basic concepts of Marginal costing, Contribution, Profit Volume Ratio, Break Even Point, Margin of Safety, Cost volume, Profit relationship, product, Limitations of Marginal Costing. illustrations and exercises | |
Unit-8 |
Teaching Hours:7 |
BUDGETARY CONTROL
|
|
Budgets and Budgetary control, Advantage, Pre-requisites, Types of Budgets, Flexible Budget problems, illustrations and exercises | |
Text Books And Reference Books:
| |
Essential Reading / Recommended Reading
| |
Evaluation Pattern · CIA I – Class Test / Assignment / – 10% · CIA II – Mid Semester Examination – 25% · CIA III – Class Test / Assignment / – 10% · Attendance – 05% · End Semester Examination – 50% TOTAL 100%
| |
LAW222 - FINANCIAL MANAGEMENT (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 focuses on Finance functions, analysis of inancial Statments emphasizing the financial aspects of managerial decisions. Course Objective: · To give understanding and perspective on the finance function in the company and its relation to domestic economy. · To develop the knowledge on the type and characteristics of problems and the possibility of the occurrence of the financial management problems and to increase the ability to handle the problems through reliable approach and problem solving strategy development. |
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Course Outcome |
|
CO1: To familiarize students with the basics and scope of financial management and the finance functions and also interpret the Balance sheet CO2: Employ alternative mechanisms for raising capital at different points in the firm?s growth cycle and Students will be able to prepare Fund flow statements and Cash budgets. CO3: Understand the process and methods of evaluating a long term project using capital budgeting techniques and appreciate the risks and benefits involve. Students will be prepared to do Capital Budgeting problems. CO4: Students will be able to understand Dividend policy decisions and Capital requirements. |
Unit-1 |
Teaching Hours:5 |
|
Introduction to Financial Management
|
||
Definition of Finance, Approches to Finance, Objectives of Financial Management Role of a inance Manager. | ||
Unit-2 |
Teaching Hours:10 |
|
Financial Statement analysis
|
||
Need for fiancial statement analysis Comparative , Common Size and Trend analysis | ||
Unit-3 |
Teaching Hours:10 |
|
Fund Flow statement
|
||
Schedule of Changes in Working Capital, Adjusted Profit and Loss Account and Sources and Application of Funds | ||
Unit-4 |
Teaching Hours:10 |
|
Capital Budgeting
|
||
Pay Back Period, Net Present Value and Internal Rate of Return. | ||
Unit-5 |
Teaching Hours:4 |
|
Capitalization
|
||
Over and Under Capitalization, Causes/ reasons and Remedies | ||
Unit-6 |
Teaching Hours:10 |
|
Capital Structure
|
||
Leverages- PBIT - PBT- PAT and Calculation of EPS under various Scenarios. | ||
Unit-7 |
Teaching Hours:5 |
|
Working capital Management
|
||
Importance of WC, Factors affecting WC and Practical Problems in WC | ||
Unit-8 |
Teaching Hours:6 |
|
Management Of Cash
|
||
Cash Budgeting- Importance of Cash Management and Cash Budget problems. | ||
Text Books And Reference Books: • Financial management by Reddy,Appannaiah and Satya Prasad - Himalaya Publishing House.
• Financial Management by R.Chandrasekaran & S.Ramachandaran – Kalyani Publishers
• Essentials of Financial Management by I.M Pandey- Himalaya Publishing House.
Financial Management by I.M Pandey- Himalaya Publishing House | ||
Essential Reading / Recommended Reading 1. Warren buffet advice to young people.
2. Investment vs Savings. | ||
Evaluation Pattern EVALUATION · CIA I – Assignment / Presentation – 10% · CIA II – Mid Semester Examination – 25% · CIA III – Assignment / Presentation – 10% · Attendance – 05% · End Semester Examination – 50%
TOTAL 100% | ||
LAW233 - ECONOMICS FOR LAW II (2023 Batch) | ||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
|
Max Marks:100 |
Credits:4 |
|
Course Objectives/Course Description |
||
|
||
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:
| ||
Essential Reading / Recommended Reading
| ||
Evaluation Pattern SCHEME OF VALUATION CIA 1 – 10% (Class Test, Assignments, Presentation) CIA II – 25% (Mid semester exam) CIA III – 10% (Research work) Attendance – 5% End Semester Examination – 50% | ||
LAW244A - ENGLISH (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.
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||
Course Outcome |
||
CO1: Apply the rules of grammar, while constructing sentences and paragraphs. CO2: Communicate effectively and do power point presentations in a more professional way. CO3: Construct meaningful paragraphs adhering to the rules of grammar. CO4: Contribute creative thoughts and ideas on issues evolving through readings in class. CO5: Apply analytical and critical thinking skills while reading long passages. CO6: Draft letters, write essays and Research papers (at a very basic level), adhering to the rules of academic writing. CO7: Listen, Speak, Read, Write (LSRW skills) effectively |
Unit-1 |
Teaching Hours:8 |
BASIC GRAMMAR
|
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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
| |
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
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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
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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
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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
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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
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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
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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1.Stages of policy 2.Policy analysis 3.Public Problems and Policy alternatives | |
Unit-4 |
Teaching Hours:12 |
Planning of Developmental Policies
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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
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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
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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%
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LAW321 - GENDER, DIVERSITY, AND INCLUSION IN ORGANIZATIONAL MANAGEMENT (2022 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
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Course description: This course on Gender, Diversity and Inclusion in Organizational Management will concentrate on how gender and diversity in the workplace will influence structural inequalities in the organizational practice. This course explores the processes and practices of organizational change in this area. The programme addresses questions about strategy, culture and identity, leadership, and the inclusion of multiple stakeholders in organizational change. The course focuses on research methods to help you diagnose and solve policy problems, and design organizational interventions in the age of increasing migration and extremely heterogeneous workplace.
Course Objectives:
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Course Outcome |
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CO1: Analyze the challenges women face in workplace
CO2: Examine the need for gender diversity & gender balance as an organizational policy. CO3: Assess reactions in social interactions in the workplace having acquired conceptual tools and experiential data. CO4: develop knowledge and skill to address gender balance in organizations. CO5: build a practical plan in gender balance in organizations through empirical research methods. |
Unit-1 |
Teaching Hours:8 |
ADDRESSING UNCONSCIOUS BIAS
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- Gender Equality, Sexual Diversity and Arbitrary Discrimination - Basic Concepts and Definitions - Sexual Practices and Orientations | |
Unit-2 |
Teaching Hours:12 |
HISTORY OF THE FIGHT AGAINST DISCRIMINATION DUE TO GENDER AND SEXUAL ORIENTATION
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- History of the fight against Gender discrimination - History of the movement of Sexual Minorities | |
Unit-3 |
Teaching Hours:12 |
WOMEN RIGHTS AND INTERNATIONAL CONVENTIONS
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- International Rights of Women - A General Overview o CEDAW o UDHR | |
Unit-4 |
Teaching Hours:15 |
CRITICAL FORMS OF DISCRIMINATION
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- Women and Politics - Women and Work - Sexual Harassment - Femicide - Sexual Violence as an International Crime | |
Unit-5 |
Teaching Hours:13 |
DIVERSITY AND INCLUSION IN THE WORKPLACE
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- Impact of cognitive processes on what we see and how we react to our social environment - Diversity and Inclusion concepts - Diversity and Inclusion perceptions - Disrupting and Diversity - Diversity and Inclusion around the World | |
Text Books And Reference Books:
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Essential Reading / Recommended Reading
1. Jawad Syed & Mustafa F Ozbilgin, Managing Diversity and Inclusion: An International Perspective, Sage, January 2015 2. Bond, M. A., & Pyle, J. L. (1998). Diversity dilemmas at work. Journal of Management Inquiry,7(3), 252–269. 3. Brown, D., Minor, C. W., & Jepsen, D. A. (1991). The opinions of minorities about preparing for work: Report of the second NCDA national survey. The Career Development Quarterly, 40(1), 5–19. 4. Carrell, M. R., & Mann, E. E. (1995). Defining workforce diversity in public sector organizations. Public Personnel Management, 24(1), 99–111. 5. Chemers, M. M., Oskamp, S., & Costanzo, M. A. (1995). Diversity in organizations: New 6. perspectives for a changing workplace. Thousand Oaks, CA: Sage. 7. Chen, C. C., & Eastman, W. (1997). Toward a civic culture for multicultural organizations. The Journal of Applied Behavioral Science, 33(4), 454–470. 8. Christian, J., Porter, L. W., & Moffitt, G. (2006). Workplace diversity and group relations: An 9. overview. Group Processes & Intergroup Relations, 9(4), 459–466. 10. Coates, J. F. (2006). An increasingly diverse workforce makes traditional diversity programs passe. 11. Employment Relations Today, 33(1), 1–8., Coleman, V. D., & Barker, S. A. (1992). A model of career development for a multicultural work force. International Journal for the Advancement of Counselling, 15(3), 187–195. 12. Cox, T., Jr., (1993). Cultural diversity in organizations: Theory, research & practice. San Francisco: Berrett-Koehler. 13. Cox, T., Jr. (2001). Creating the multicultural organization: A strategy for capturing the power of diversity. San Francisco: Jossey-Bass. 14. Dose, J. J., & Klimoski, R. J. (1999). The diversity of diversity: Work values effects on formative team processes. Human Resource Management Review, 9(1), 83–108. 15. Easley, C. A. (2001). Developing valuing and managing diversity in the new millennium. Organization Development Journal, 19(4), 38–50.
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Evaluation Pattern Evaluation Scheme: CIA I – Class Test / Assignment / Presentation – 10% CIA II – Mid Semester Examination – 25% CIA III – Research Topic – 10% Attendance – 05% End Semester Examination – 50% TOTAL 100%
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LAW322 - MARKETING MANAGEMENT (2022 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
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· Course Description: The course examines managerial issues surrounding Marketing Management. It involves students in specific learning exercises that simulate ‘real world’ activities that marketing managers partake in on a regular basis
To Course Objectives TO understand the basic concepts of marketing management
· To learn relevant functional areas of marketing management and its application for different types of products and services · To understand the tools used by marketing managers in decision situations and in resolving marketing problems. · To understand the relationship and impact of product and service decisions with those on pricing, distribution and promotion.
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Course Outcome |
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CO1: Students will demonstrate strong conceptual knowledge in the concepts of marketing management CO2: Students will examine the relevant functional areas of marketing management and its application CO3: Students will be able to analytically identify and analyse the problems pertaining to marketing management. CO4: Students will be able to integrate and evaluate product and service decisions with those on pricing, distribution and promotion - and why this is necessary. |
Unit-1 |
Teaching Hours:6 |
Introduction to Marketing.
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The Marketing process- Understanding Market place and Customer needs. Designing a customer driven marketing Strategy, Capturing Value from Customers The changing Marketing Landscape. | |
Unit-2 |
Teaching Hours:8 |
Company and marketing Strategy
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Companywide Strategic Planning- BCG Matrix- Partnering to build Customer relationship. Marketing Mix. Managing the marketing Effort | |
Unit-3 |
Teaching Hours:10 |
Marketing Environment
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Micro Environment, Macro Environment, Demographic – Economic- Natural, Technological Political and Social Environment | |
Unit-4 |
Teaching Hours:8 |
Consumer Buyer Behavior
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Models- Characteristics- Types of Buying Decision Behavior- The Buyer Decision Process- Market Segmentation- Target markets | |
Unit-5 |
Teaching Hours:10 |
New product development
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Managing New Product Development- Product Life Cycle- Branding decisions | |
Unit-6 |
Teaching Hours:6 |
Pricing
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Factors to be considered- Pricing Strategies- Price Changes- Public Policy and Pricing.- Products and service decisions- Service marketing | |
Unit-7 |
Teaching Hours:6 |
Marketing Channels
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Nature & Importance, Channel Management decisions- retailing and Wholesaling- Product Line | |
Unit-8 |
Teaching Hours:6 |
Promotion
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Personal selling /Sales Promotion- Direct marketing Model- Customer data Base- Online Marketing | |
Text Books And Reference Books: Kotler, Philip and Gary, Armstrong.(2012). Principles of marketing, Pearson publication Evans, R. and Berman,Barry. (2012).Marketing in 21stcentury,Oxford publication. W. D. Perreault, Jr., J.P Cannon, and E. J. McCarthy (2009). Basic Marketing: A Marketing Strategy and Planning Approach, 17th ed., Irwin/McGraw Hill. Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future. Journal of Marketing, 33 (2), 189‐196. Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future. | |
Essential Reading / Recommended Reading Kotler, Keller,Koshy,Jha(2014). Marketing Management, 13th Edition, Pearson publication | |
Evaluation Pattern CIA 1 Individual Assignment 10% CIA 2 Mid term Test 25% CIA 3 Group Presentation10% Attendance 5% End Semester 50% | |
LAW333 - LAW AND ECONOMICS (2022 Batch) | |
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:4 |
Max Marks:100 |
Credits:4 |
Course Objectives/Course Description |
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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. |
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Course Outcome |
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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 |
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Introduction to Law and Economics
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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 |
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The Economics of Regulation and Antitrust Policy
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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 |
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The Economics of Intellectual Property
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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 |
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The Economics of Enforcing Promises
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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 |
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Economics of Tort Law
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Unit-6 |
Teaching Hours:10 |
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Economic Analysis of Criminal Law
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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:
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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
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LAW354 - CONSTITUTIONAL LAW I (2022 Batch) | ||||||||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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
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Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble. | |
UNIT 2 |
Teaching Hours:20 |
FUNDAMENTAL RIGHTS
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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
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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
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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.
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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.
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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 |
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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. |
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Course Outcome |
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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
|
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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
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|
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
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|
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
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|
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
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|
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
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|
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
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|
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
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|
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
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|
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
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|
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
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|
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. |
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Course Outcome |
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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
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|
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
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|
Conditions for imposing liability; Wrongful act; Damnum sine injuria; Causation; Mens rea; Intention; Malice; Negligence and recklessness; Strict liability; Vicarious liability. | |
Unit-6 |
Teaching Hours:8 |
OBLIGATION AND PROCEDURE
|
|
Nature and kinds; Sources of obligation; Substantive and procedural laws: difference; Evidence: Nature and kinds. | |
Text Books And Reference Books:
| |
Essential Reading / Recommended Reading
| |
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.
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Course Outcome |
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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
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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
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· 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
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|
· 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
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|
· 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
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|
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
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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
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|
· 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
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|
· 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
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|
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
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|
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 |
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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.
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Course Outcome |
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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 |
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EXECUTIVE
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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 |
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LEGISLATURE
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Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.
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UNIT 3 |
Teaching Hours:15 |
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JUDICIARY
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||
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 |
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RELATIONSHIP BETWEEN CENTRAL & STATE GOVERNMENT
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||
Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations. | ||
UNIT 5 |
Teaching Hours:8 |
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CONTRACTS AND SERVICES
|
||
Government contracts, Recruitment and conditions of service, Doctrine of pleasure | ||
UNIT 6 |
Teaching Hours:7 |
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ELECTIONS, EMERGENCY AND AMENDMENT
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||
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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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.
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Course Outcome |
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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
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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
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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
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Unit-3 |
Teaching Hours:10 |
Bailment
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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
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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
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Unit-5 |
Teaching Hours:10 |
Agency
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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
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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
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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
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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.
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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 |
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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 4. Unit 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.
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Course Outcome |
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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
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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
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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
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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
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Indictable crimes, Petty crimes, Felonies, Misdemeanours | |
UNIT 5 |
Teaching Hours:18 |
PARTIES TO CRIME
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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
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Deterrent, Retributive, Preventive, Reformative | |
Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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 |
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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 :
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Course Outcome |
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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 |
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MOOT COURT
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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 |
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COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
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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 |
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INTERNSHIP
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Students will have practical experience of the professional aspects of the subjects they have studied [40marks] | ||
UNIT 4 |
Teaching Hours:10 |
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VIVA VOCE
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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
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LAW552 - CONSTITUTIONAL LAW I (2021 Batch) | ||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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 |
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INTRODUCTION
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Constitutional Law; Constitutionalism; Rule of Law; Historical Perspective; Salient Features of the Indian Constitutions; Fundamental Law; Preamble. | ||
UNIT 2 |
Teaching Hours:20 |
|
FUNDAMENTAL RIGHTS
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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 |
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FUNDAMENTAL RIGHTS
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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 |
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DIRECTIVE PRINCIPLES OF STATE POLICY
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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.
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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.
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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:
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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 |
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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
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Course Outcome |
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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
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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
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|
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
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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
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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
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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.
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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.
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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 |
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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.
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Course Outcome |
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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
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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
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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
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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
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Unit-4 |
Teaching Hours:9 |
Prevention and Control of Pollution
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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
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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
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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)
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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 |
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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 4. Unit 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.
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Course Outcome |
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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
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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
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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
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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
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Indictable crimes, Petty crimes, Felonies, Misdemeanours | |
UNIT 5 |
Teaching Hours:18 |
PARTIES TO CRIME
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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
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Deterrent, Retributive, Preventive, Reformative | |
Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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%
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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 |
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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 |
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Course Outcome |
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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 |
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UNIT 1: UNIT 1: GENERAL INTRODUCTION
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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 |
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UNIT 2: OFFENCES AGAINST STATE
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Definition, Punishment, Offences against state, Waging war, Sedition, Responsibility of public servant | |||||
Unit-3 |
Teaching Hours:5 |
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UNIT 3: OFFENCES AGAINST PUBLIC TRANQUILLITY
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Unlawful assembly, Rioting, Assaulting or obstructing public servant, Provocation and communal enmity, Affray | |||||
Unit-4 |
Teaching Hours:10 |
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UNIT 4: OFFENCES RELATING TO HUMAN BODY
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Homicide, Murder, Suicide, Causing Miscarriage, Hurt, Wrongful Restraint and Confinement, Force, Assault, Kidnapping, Abduction. | |||||
Unit-5 |
Teaching Hours:10 |
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UNIT 5: SEXUAL OFFENCES
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Rape, Unnatural offences. | |||||
Unit-6 |
Teaching Hours:10 |
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UNIT 6: OFFENCES AGAINST PROPERTY
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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 |
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UNIT 7: OFFENCES RELATING TO MARRIAGE
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Bigamy, Adultery, Cruelty by Husband and Relatives, Dowry Death. | |||||
Unit-8 |
Teaching Hours:5 |
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UNIT 8: OTHER OFFENCES
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Defamation, Criminal intimidation, Insult and Annoyance, Attempt to Commit Offences | |||||
Unit-9 |
Teaching Hours:10 |
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UNIT 9: POCSO ACT
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POCSO ACT | |||||
Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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.
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|||||
Course Outcome |
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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 |
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EXECUTIVE
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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 |
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LEGISLATURE
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Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.
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UNIT 3 |
Teaching Hours:15 |
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JUDICIARY
|
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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 |
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RELATIONSHIP BETWEEN CENTRAL & STATE GOVERNMENT
|
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Federalism, Administrative Relations, Financial Relations, Finance Commission, Trade Relations. | ||
UNIT 5 |
Teaching Hours:8 |
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CONTRACTS AND SERVICES
|
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Government contracts, Recruitment and conditions of service, Doctrine of pleasure | ||
UNIT 6 |
Teaching Hours:7 |
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ELECTIONS, EMERGENCY AND AMENDMENT
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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 |
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Course Objectives/Course Description |
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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.
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Course Outcome |
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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
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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.
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Unit-2 |
Teaching Hours:9 |
BOARD OF DIRECTORS
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Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the Board, Appointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties
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Unit-3 |
Teaching Hours:8 |
MEETINGS
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General Meeting as an Organ of the Company and its Operation, Types of Meetings, Transaction of the Business by the General Meeting. Procedural Requirements with regard to General Meeting.
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Unit-4 |
Teaching Hours:8 |
ACCOUNTS AND AUDIT
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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
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Unit-5 |
Teaching Hours:8 |
DIVIDEND
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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.
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Unit-6 |
Teaching Hours:8 |
MAJORITY RULE
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Rule in Foss v. Harbottle and exceptions, Ratifiability of irregular acts
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Unit-7 |
Teaching Hours:10 |
COMPANY LIQUIDATION ? COMPULSORY AND VOLUNTARY WINDING-UP ON OVERVIEW
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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.
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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.
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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%
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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 |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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 |
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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
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Course Outcome |
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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
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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
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Unit-2 |
Teaching Hours:12 |
PATENTS
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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.
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Unit-3 |
Teaching Hours:12 |
COPYRIGHT
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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.
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Unit-4 |
Teaching Hours:12 |
TRADEMARK
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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.
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Unit-5 |
Teaching Hours:6 |
INDUSTRIAL DESIGNS
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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.
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Unit-6 |
Teaching Hours:8 |
EXPANDING HORIZONS OF IP
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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.
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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
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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
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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%
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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 |
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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 |
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Course Outcome |
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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 |
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BASICS OF LEGAL RESEARCH
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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 |
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RESEARCH PROBLEM AND RESEARCH DESIGN
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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 |
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RESEARCH METHODS
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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 |
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RESEARCH ETHICS AND REPORT WRITING
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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
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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%
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LAW686A - LAW OF CORPORATE INSOLVENCY (2021 Batch) | |||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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
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Course Outcome |
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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 |
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INTRODUCTION TO THE CONCEPT OF INSOLVENCY AND CORPORATE INSOLVENCY
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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 |
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MODES OF WINDING UP AND PROVISIONS APPLICABLE TO ALL MODES OF WINDING UP
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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 |
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INSOLVENCY AND BANKRUPTCY CODE 2016
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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 |
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SPECIAL OFFICERS APPOINTED UNDER THE INSOLVENCY AND BANKRUPTCY CODE
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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 |
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THE ROLE OF ADJUDICATING BODY, IBBI AS A REGULATOR AND OFFENCES DURING WINDING UP
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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 |
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RESTRUCTURING OF COMPANIES IN TRAUMA,INSOLVENCY OF MULTINATIONAL CORPORATIONS & CROSS BORDER INSOLVENCY
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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:
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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]
· 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
· 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 |
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Max Marks:60 |
Credits:4 |
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Course Objectives/Course Description |
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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:
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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:
Books:
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Essential Reading / Recommended Reading
Books:
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Evaluation Pattern
TOTAL 100%
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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 |
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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. |
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Course Outcome |
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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 |
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Energy and Development
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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 |
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Constitutional Basis of Energy Law
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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 |
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Electricity Sector
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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 |
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Oil and Natural Gas Sector
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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 |
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Coal Sector
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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 |
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New & Renewable Energy
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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 |
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Energy Efficiency & Conservation
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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 |
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International Aspects of Energy Laws
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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 |
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Max Marks:100 |
Credits:5 |
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Course Objectives/Course Description |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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 |
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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.
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Course Outcome |
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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 |
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Module I Genesis and Development of Regulatory Framework
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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 |
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Module II Securities Market and Instruments
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Capital market instruments, Primary market, Secondary market, Debt market, Money market, Regulatory framework for regulation of stock exchanges, Corporatization and demutualization of Stock exchanges.
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Unit-3 |
Teaching Hours:9 |
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Module III Securities Market infrastructure
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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 |
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Module IV External Participants in Securities market
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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.
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Unit-5 |
Teaching Hours:8 |
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Module V Insider Trading, Market Manipulation and Fraud
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Unit-6 |
Teaching Hours:7 |
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Module VI Liabilities for Securities Laws Violations
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Unit-7 |
Teaching Hours:7 |
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Module VII Investor Protection
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Unit-8 |
Teaching Hours:4 |
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Modue VIII Taxation of Securities
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Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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1.
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Course Outcome |
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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
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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
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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
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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
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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
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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.
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Unit-6 |
Teaching Hours:5 |
ADMINISTRATIVE ADJUDICATION
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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
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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
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Development of the concept of state liability, tortious liability, contractual liability, privileges of government, doctrine of estoppel and waiver. | |
Text Books And Reference Books:
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Essential Reading / Recommended Reading
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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 |
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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.
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Course Outcome |
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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
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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
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· 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.
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Unit-3 |
Teaching Hours:6 |
SUBJECTS OF INTERNATIONAL LAW
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· 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
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Unit-4 |
Teaching Hours:6 |
LAW OF TREATIES
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· 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
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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
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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
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· 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
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Unit-8 |
Teaching Hours:6 |
LAW OF THE SEA
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· 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.
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Unit-9 |
Teaching Hours:6 |
NATIONALITY, ASYLUM AND EXTRADITION
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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
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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 |
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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. |
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Course Outcome |
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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 |
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Introduction to Insurance
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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 |
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General Principles of Insurance law
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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 |
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Life Insurance
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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 |
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General Insurance
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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 |
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Miscellaneous Insurance
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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 |
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Regulatory Authorities
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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
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LAW764 - LAW OF BANKING (2020 Batch) | |||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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:
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Essential Reading / Recommended Reading
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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%
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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 |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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. 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 |
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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:
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Course Outcome |
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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 |
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INTRODUCTION TO THE LAW OF M&A
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Concepts in M&A- Categories of M&A- Causes and Consequences of M&A | ||||
Unit-2 |
Teaching Hours:6 |
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MERGERS, TAKEOVERS AND RESTRUCTURING ROUTES- INDIAN SCENARIO
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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 |
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BUSINESS TRANSFER, MERGERS AND ARRANGEMENTS
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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 |
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MERGERS AND ACQUISITIONS OF BANKING COMPANIES
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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 |
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SHARE ACQUISITIONS OF UNLISTED PUBLIC COMPANIES AND LISTED PUBLIC COMPANIES IN INDIA
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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.
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Unit-6 |
Teaching Hours:5 |
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COMPETITION LAW ISSUES IN MERGERS and ACQUISITIONS
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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 |
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TAXATION ISSUES IN MERGERS AND ACQUISITIONS
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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 |
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IPR ISSUES IN MERGERS AND ACQUISITIONS
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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Course Outcome |
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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 |
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Does Nature have Rights? An Introduction
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Unit-2 |
Teaching Hours:8 |
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Environmental Ethics
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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 |
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Deep Ecology and Wild Law
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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 |
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Earth Jurisprudence: Internalizing Principles into Mainstream Law
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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 |
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Community Nature Symbiosis & Spiritual and Religious Initiatives
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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 |
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Advancement Of Rights Of Nature & Implementing Earth Jurisprudence
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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
TOTAL 100% | ||
LAW785E - REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS (2020 Batch) | ||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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.
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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
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Unit-2 |
Teaching Hours:10 |
Infrastructure Sector in India
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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.
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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)
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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.
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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
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Aims and Objectives / Definitions, Registration of Establishments, Registration of workers as Beneficiaries, Welfare Board under the Act.
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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.
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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 |
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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. |
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Course Outcome |
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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
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1. Concept of Media2. 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
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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
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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
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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
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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
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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
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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
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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 |
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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
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Course Outcome |
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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
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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
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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
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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
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Tort of defamation, Digital defamation – publication and republication, Liability of Intermediary, Digital defamation and User Generated Content (UGC). Social Sites.
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Unit-5 |
Teaching Hours:10 |
PRIVACY IN CYBERSPACE
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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
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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(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
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(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
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(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
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(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:
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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 |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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:
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Essential Reading / Recommended Reading 1. History of Nuclear non-Proliferation, Author: Imrana Gull, Pakistan Horizon, Vol. 53, No. 2/3 (April-July 2000) | |
Evaluation Pattern SCHEME OF VALUATION
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 |
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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 |
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Course Outcome |
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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 |
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INTRODUCTION TO INFORMATION TECHNOLOGY LAW
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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 |
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Digital Evidence & the Indian Law
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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 |
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Fundamental of Digital forensics
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Real life examples of computer crime
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Unit-4 |
Teaching Hours:8 |
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Digital Evidence Acquisition
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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 |
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Methods of performing evidence examination
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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 |
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Evidence Presentation
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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 |
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Case studies and Examples
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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.
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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.Law relating to computers, internet, and e-commerce: a guide to cyber laws and the Information Technology Act, 2000 by
5. 5.Information Technology And Developmental Communication by | ||||||||||||||
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
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Evaluation Pattern
TOTAL 100%
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LAW853 - CRIMINAL LAW II (2020 Batch) | ||||||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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: ·
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Course Outcome |
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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.
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Unit-1 |
Teaching Hours:4 |
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INTRODUCTION & FUNCTIONARIES UNDER THE CODE
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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 |
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ARREST, SEARCH & SEIZURE.
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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 |
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INVESTIGATION.
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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 |
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BAIL& ANTICIPATORY BAIL.
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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 |
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COGNIZANCE, CHARGE, TRIAL& PLEA BARGAINING.
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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 |
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JUDGMENT & APPEAL
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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 |
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REFERENCE, REVISION & TRANSFER.
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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 |
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EXECUTION, SUSPENSION, REMISSION & COMMUTATION OF SENTENCES
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Death Sentence, Imprisonment, Levy of Fine, Suspension, Remission & Commutation of sentences.( S.413-424 Cr. PC.) | ||
Unit-9 |
Teaching Hours:8 |
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MISCELLANEOUS, MAINTENANCE OF WIVES, CHILDREN & PARENTS, PREVENTIVE MEASURES & SECURITY PROCEEDINGS
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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
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Essential Reading / Recommended Reading 1. SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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 |
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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 |
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Course Outcome |
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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
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UNIT 2 |
Teaching Hours:8 |
CONTRACTS IN ELECTRONIC ENVIRONMENT
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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
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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
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|
Fraud Risk and Protection
Breach of contract
Charge back agreements
EDI
Electronic fund transfer
| |
UNIT 5 |
Teaching Hours:8 |
CONSUMER PROTECTION
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|
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
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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
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|
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:
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Essential Reading / Recommended Reading
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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. |
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Course Outcome |
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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 |
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INTRODUCTION
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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 |
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AIDS OF INTERPRETATION
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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 |
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PRESUMPTIONS IN INTERPRETATION
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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 |
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INTERPRETATION OF FISCAL, PENAL AND REMEDIAL STATUTES
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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 |
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EXPIRY AND REPEAL OF STATUES
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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:
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LAW885A - REGULATION OF BIOTECHNOLOGY (2020 Batch) | |||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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. |
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Course Outcome |
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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 |
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Science, Technology, and human rights: conceptual perspectives
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Unit-2 |
Teaching Hours:10 |
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Information technology and human rights
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Unit-3 |
Teaching Hours:10 |
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Science, Technology and Right to food.
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Unit-4 |
Teaching Hours:10 |
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Right to Development
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Unit-5 |
Teaching Hours:10 |
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Intellectual property rights and Human rights
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Unit-6 |
Teaching Hours:10 |
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Health and Human rights
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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.
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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).
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Essential Reading / Recommended Reading
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/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
http://hdr.undp.org/en/content/women%E2%80%99s-reproductive-rights-are-human-rights
http://advokasi.elsam.or.id/assets/2015/09/20120627_David-Souter_HumanRights-And-The-Internet.pdf | |||||||||||
Evaluation Pattern
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LAW885C - LAW OF INJUNCTIONS (2020 Batch) | |||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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 |
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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:
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Course Outcome |
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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
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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
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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
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Bilateral Investment Treaties (BIT), Interpretation of Investment treaties, Application of Investment treaties in time. | |
Unit-4 |
Teaching Hours:10 |
Settlement of Investment Disputes
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|
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
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|
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
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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. Prof. Dr. Emmanuel Gaillard (Shearman & Sterling LLP, Paris, France)18/10/2016 2016 http://www.arbitration-icca.org/articles.html3. Karl-Heinz Böckstiegel, "Commercial and Investment Arbitration: How Different are they Today? (Lalive Lecture 2012), in 28 Arbitration International (2012, no. 4) Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany)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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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 |
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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.
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Course Outcome |
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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
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Unit-1 |
Teaching Hours:10 |
UNIT 1: Introduction to Forensic Science and Law
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1. Why Forensics? 2. Principles of Forensic Science 3. Forensic evidence analysis in civil and criminal cases
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Unit-2 |
Teaching Hours:10 |
UNIT 2: Crime-scene investigation and forensic sciences
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1. Evidence collection 2. Forensic analysis b. Forensic Odontology c. Controlled Substances d.Forensic Toxicology
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Unit-3 |
Teaching Hours:15 |
Crime-scene investigation and Criminal profiling
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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
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Unit-4 |
Teaching Hours:15 |
Admissibility of forensic evidence in courtrooms.
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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?
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Unit-5 |
Teaching Hours:10 |
Comparative Analysis of from UK, US and India
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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.
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Text Books And Reference Books:
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Essential Reading / Recommended Reading
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)
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Evaluation Pattern
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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 |
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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. |
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Course Outcome |
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At the end of the course students will be able to - Identify and describe the basic requirement of copyright protection and ownership of copyrighted works. List out the rights enjoyed by copyright owners. Apply the principles of copyright protection to legal problems correctly. Analyse the principles related to infringement of copyright. 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
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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
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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
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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
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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
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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
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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
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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
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Preventive and compensatory civil remedies – Criminal Remedies – Administrative Remedies | |
Text Books And Reference Books:
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Essential Reading / Recommended Reading
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Evaluation Pattern
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 |
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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. |
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Course Outcome |
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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
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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
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Residence, domicile, domicile of corporations, domicile and nationality, persons liable for deportation and mentally disordered persons | |
Unit-3 |
Teaching Hours:8 |
Jurisdiction
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Traditional English rules, principles and European rules | |
Unit-4 |
Teaching Hours:10 |
Sovereign and Diplomatic Immunity
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Foreign state, foreign diplomat, recognition and enforcement of foreign judgement, foreign arbitral awards | |
Unit-5 |
Teaching Hours:10 |
Marriage and Child
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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
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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
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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:
| |
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
| |
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 :
|
|
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
|
|||
| |||
Text Books And Reference Books:
| |||
Essential Reading / Recommended Reading
| |||
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 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
2) Principles of Indirect Taxation a) Principles i) Tax Incidence ii) Neutrality iii) Certainty iv) Simplicity b) Impact of Indirect Taxation 3) Constitutional Correlation
4) Historical Evolution
| |
Unit-2 |
Teaching Hours:12 |
CUSTOM DUTY
|
|
1) Basic Concepts
| |
Unit-3 |
Teaching Hours:12 |
GOODS AND SERVICES TAX
|
|
1) Introduction to GST a) Definitions i) Consideration
| |
Unit-4 |
Teaching Hours:12 |
CUSTOMS AND GST COMPLIANCE
|
|
a) Process of Refunds
ii) Procedure for Compliance 4) Practical Issues and Challenges in Indirect Tax Compliance
| |
Unit-5 |
Teaching Hours:12 |
FOREIGN TRADE POLICY
|
|
| |
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
| |
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 |
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Agreement concerning patented technology
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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
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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Course Outcome |
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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 |
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Introduction to International Refugee Law
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Unit-2 |
Teaching Hours:12 |
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SOURCES OF INTERNATIONAL REFUGEE LAW AND MIGRATION STUDIES
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Unit-3 |
Teaching Hours:9 |
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CONCEPTUALIZING REFUGEES: DEFINITON AND PERSECUTION PARADIGMS
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Unit-4 |
Teaching Hours:9 |
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ASYLUM UNDER IRL AND THE STATUS OF NON-REFOULMENT AS A PEREMPTORY NORM
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Unit-5 |
Teaching Hours:9 |
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FORCED MIGRATION, INTERNAL DISPLACEMENT, STATELESSNESS AND CLIMATE DISPLACEMENT
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Unit-6 |
Teaching Hours:15 |
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LATEST DEVELOPMENTS IN REFUGEE DISCOURSE, CHALLENGES AND CONTEMPORARY ISSUES
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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 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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
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Course Outcome |
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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
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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
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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
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1. Structure and format of a contract 2. Contract drafting techniques | |
Unit-4 |
Teaching Hours:10 |
Vettingof Contracts
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1. Concept of contract vetting 2. General principles of vetting of contracts 3. Due diligence | |
Text Books And Reference Books: | |
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 |
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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:
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Course Outcome |
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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
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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)
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Unit-2 |
Teaching Hours:10 |
Endorsements
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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)
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Unit-3 |
Teaching Hours:5 |
Cheque
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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)
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Unit-4 |
Teaching Hours:15 |
Payment of cheques
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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
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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
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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%
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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1. Copyrights 2. Patents 3. Trademarks 4. Trade secrets 5. Liability and other issues | |
Unit-5 |
Teaching Hours:8 |
ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW
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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
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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 .
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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 |
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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. |
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Course Outcome |
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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:7 |
INTRODUCTION SERVICES
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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
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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
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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
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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.
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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.
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 |
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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. |
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Course Outcome |
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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
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Unit-1 |
Teaching Hours:5 |
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UNIT -1 : Introduction To Commercial Arbitration and its Primary Sources
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Unit-2 |
Teaching Hours:5 |
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UNIT 2: The Principles and Practice Of Law In International Commercial Arbitration
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Unit-3 |
Teaching Hours:10 |
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UNIT 3: The Parties? Choice Of Law
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Unit-4 |
Teaching Hours:15 |
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UNIT 4:Arbitrator Ordered and Court Ordered Interim Measures In International Commercial Arbitration
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Unit-5 |
Teaching Hours:15 |
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UNIT 5: Recognition and Enforcement Of Foreign Arbitral Awards
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Text Books And Reference Books:
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Essential Reading / Recommended Reading
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Evaluation Pattern
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LAW986C - PENOLOGY AND VICTIMOLOGY (2019 Batch) | |||||||||||||||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:7 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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PENOLOGY AND VICTIMOLOGY (No. of Hrs. 60-80 Hrs)
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Course Outcome |
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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
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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
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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
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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
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Unit-3 |
Teaching Hours:10 |
Crime Prevention-
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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.
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Unit-4 |
Teaching Hours:10 |
Criminal Justice Administration
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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.
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Unit-5 |
Teaching Hours:10 |
Victiomology
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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
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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:
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Essential Reading / Recommended Reading
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%
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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 |
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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.
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 |
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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 |
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Course Outcome |
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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
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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
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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
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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
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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
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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
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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 |
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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 :
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Course Outcome |
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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 |
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MOOT COURT
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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 |
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COURT ATTENDANCE, INTERVIEWING TECHNIQUES, PRE-TRIAL PREPARATIONS
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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 |
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INTERNSHIP
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Students will have practical experience of the professional aspects of the subjects they have studied [40marks] | ||
UNIT 4 |
Teaching Hours:10 |
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VIVA VOCE
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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
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LAW1072 - DISSERTATION (2019 Batch) | ||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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. |
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Course Outcome |
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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
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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
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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
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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)
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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
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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
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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 |
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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. |
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Course Outcome |
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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 |
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DRAFTING
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General principles of drafting, Substantive rules | ||||||
Unit-2 |
Teaching Hours:10 |
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PLEADINGS (CIVIL)
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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 |
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PLEADINGS (CRIMINAL)
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Complaint, Criminal Miscellaneous Petition, Bail Application, Memorandum of Appeal and Revision Petition. | ||||||
Unit-4 |
Teaching Hours:10 |
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CONVEYANCES
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Sale Deed, Mortgage Deed, Lease Deed, Gift Deed, Promissory Note, Power of Attorney, Will, Trust Deed | ||||||
Unit-5 |
Teaching Hours:10 |
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LEGAL SCRUTINY REPORTS
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Legal document, conveyancing deeds and revenue records. | ||||||
Unit-6 |
Teaching Hours:10 |
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JUDGEMENT WRITING
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Art of writing orders and judgments | ||||||
Text Books And Reference Books:
6. Rathwade, Rajaram S. Legal Drafting, Pune:Hind Law House, 2010 | ||||||
Essential Reading / Recommended Reading
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Evaluation Pattern
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LAW1075 - PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM (2019 Batch) | ||||||
Total Teaching Hours for Semester:60 |
No of Lecture Hours/Week:5 |
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Max Marks:100 |
Credits:4 |
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Course Objectives/Course Description |
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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
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Course Outcome |
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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
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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
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Unit-2 |
Teaching Hours:10 |
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
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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
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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
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BCI Opinions prescribed | |
Unit-5 |
Teaching Hours:5 |
PROFESSIONAL ACCOUNTING FOR LAWYERS
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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
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Evaluation Pattern Assessment outline and break up of marks as per components:
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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 |
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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. |
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Course Outcome |
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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
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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
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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
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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% |