CHRIST (Deemed to University), Bangalore

School of Law

Syllabus for
Bachelor of Business Administration-Bachelor of Law (Honours)
Academic Year  (2021)

 
1 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL121 PRINCIPLES OF MANAGEMENT Core Courses 4 4 100
BBL127 FOUNDATIONAL KANNADA Ability Enhancement Compulsory Courses 2 02 50
BBL132 ENGLISH Core Courses 4 4 100
BBL143 PRINCIPLES OF ECONOMICS Core Courses 4 4 100
BBL164 LEGAL METHODS Core Courses 5 4 100
BBL165 INDIAN LEGAL AND CONSTITUTIONAL HISTORY Core Courses 5 4 100
BBL166 LAW OF TORTS Core Courses 5 4 100
2 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL221 PRINCIPLES OF ACCOUNTING Core Courses 4 4 100
BBL232 BUSINESS COMMUNICATION Core Courses 4 4 100
BBL253 LAW AND SOCIETY Core Courses 5 4 100
BBL264 LEGAL LANGUAGE AND LEGAL WRITING Core Courses 5 4 100
BBL265 LAW OF CONSUMER PROTECTION AND MOTOR VEHICLES ACT Core Courses 5 4 100
BBL2E1 HUMAN RIGHTS Discipline Specific Elective Courses 5 4 100
BBL2E2 ANIMAL WELFARE LAW Discipline Specific Elective Courses 5 4 100
BBL2E3 HISTORY OF LAW AND JUSTICE Discipline Specific Elective Courses 5 4 100
BBL2E4 LAW, POVERTY AND DEVELOPMENT Discipline Specific Elective Courses 5 4 100
BBL2E5 LAW AND MEDICINE Discipline Specific Elective Courses 5 4 100
3 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL321 HUMAN RESOURCE MANAGEMENT Core Courses 4 4 100
BBL327 FOUNDATIONAL KANNADA Ability Enhancement Compulsory Courses 2 02 50
BBL342 INSTITUTIONAL ECONOMICS Core Courses 4 4 100
BBL364 LAW OF CONTRACT - I Core Courses 5 4 100
BBL365 FAMILY LAW - I Core Courses 5 4 100
BBL383 PHILOSOPHY OF LAW Core Courses 5 4 100
BBL3E1 FOREST LAWS Discipline Specific Elective Courses 5 4 100
BBL3E2 WOMEN AND LAW Discipline Specific Elective Courses 5 4 100
BBL3E3 FOOD LAW AND POLICY Discipline Specific Elective Courses 5 04 100
BBL3E4 CRITICAL THINKING, READING AND WRITING IN LAW Discipline Specific Elective Courses 5 4 100
BBL3E5 FINANCIAL MANAGEMENT Core Courses 4 4 100
4 Semester - 2020 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL421 MARKETING MANAGEMENT Core Courses 4 4 100
BBL442 LAW AND ECONOMICS Core Courses 4 4 100
BBL463 JURISPRUDENCE Core Courses 60 4 100
BBL464 LAW OF CONTRACT - II Core Courses 5 4 100
BBL465 FAMILY LAW - II Core Courses 5 4 100
BBL466 PROPERTY LAW Core Courses 5 4 100
5 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL561 COMPANY LAW - I Core Courses 5 4 100
BBL562 CONSTITUTIONAL LAW - I Core Courses 5 4 100
BBL564 ENVIRONMENTAL LAW Core Courses 5 4 100
BBL565 LABOUR AND INDUSTRIAL LAW - I Core Courses 5 4 100
BBL583 PRINCIPLES OF CRIMINAL LAW Core Courses 5 4 100
BBL5E1 RESEARCH METHODOLOGY - 5 4 100
6 Semester - 2019 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL661 CRIMINAL LAW - I Core Courses 5 4 100
BBL662 COMPANY LAW - II Core Courses 5 4 100
BBL663 CONSTITUTIONAL LAW - II Core Courses 5 4 100
BBL665 LABOUR AND INDUSTRIAL LAW - II Core Courses 5 4 100
BBL684 INTELLECTUAL PROPERTY LAW Core Courses 5 4 100
BBL6E1 LAW OF CORPORATE INSOLVENCY Discipline Specific Elective Courses 5 4 100
BBL6E2 CLIMATE CHANGE: LAW AND POLICY Discipline Specific Elective Courses 5 4 60
BBL6E3 ENERGY LAWS Discipline Specific Elective Courses 5 4 100
BBL6E4 DOMESTIC VIOLENCE Discipline Specific Elective Courses 5 4 100
BBL6E5 SECURITIES LAWS Discipline Specific Elective Courses 5 4 100
BBL6E6 RESEARCH METHODOLOGY Discipline Specific Elective Courses 5 4 100
7 Semester - 2018 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL761 ADMINISTRATIVE LAW Core Courses 5 4 100
BBL764 PUBLIC INTERNATIONAL LAW Core Courses 5 4 100
BBL782 LAW OF BANKING Core Courses 5 4 100
BBL783 LAW OF INSURANCE Core Courses 5 4 100
BBL7E1A LAW OF TRADEMARKS Discipline Specific Elective Courses 5 4 100
BBL7E1B INTERNATIONAL HUMANITARIAN LAW Discipline Specific Elective Courses 5 4 100
BBL7E2A COMPARATIVE CONSTITUTIONAL LAW Discipline Specific Elective Courses 5 4 100
BBL7E2B NUCLEAR LAW Discipline Specific Elective Courses 5 4 100
BBL7E3A CYBER LAW Discipline Specific Elective Courses 5 4 100
BBL7E3B GENDER, DIVERSITY AND INCLUSION IN ORGANIZATIONAL MANAGEMENT Discipline Specific Elective Courses 5 4 100
BBL7E4A EARTH JUSTICE- DEVELOPING A NEW JURISPRUDENCE Discipline Specific Elective Courses 5 4 100
BBL7E4B LAW OF MERGERS AND ACQUISITIONS Discipline Specific Elective Courses 5 4 100
BBL7E5A REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS Discipline Specific Elective Courses 5 4 100
BBL7E5B LAND LAWS Discipline Specific Elective Courses 4 4 100
8 Semester - 2018 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL863 CRIMINAL LAW - II Core Courses 5 4 100
BBL864 CIVIL PROCEDURE CODE AND LIMITATION ACT Core Courses 5 4 100
BBL881 LAW OF E-COMMERCE Core Courses 5 4 100
BBL882 INTERPRETATION OF STATUTES Core Courses 5 4 100
BBL8E1A HEALTH LAW Discipline Specific Elective Courses 5 4 100
BBL8E1B INTERNATIONAL ENVIRONMENTAL LAW Discipline Specific Elective Courses 5 4 100
BBL8E2A SCIENCE, TECHNOLOGY AND HUMAN RIGHTS Discipline Specific Elective Courses 5 4 100
BBL8E2B MEDIA LAW Discipline Specific Elective Courses 5 4 100
BBL8E3A LAW OF INJUNCTIONS Discipline Specific Elective Courses 5 4 100
BBL8E3B LAW OF COPYRIGHT Discipline Specific Elective Courses 5 4 100
BBL8E4A COMPARATIVE CORPORATE LAW Discipline Specific Elective Courses 4 4 100
BBL8E4B CONFLICT OF LAWS Discipline Specific Elective Courses 5 4 100
BBL8E5A LAW OF WRITS Discipline Specific Elective Courses 5 4 100
BBL8E5B INTERNATIONAL CRIMINAL LAW Discipline Specific Elective Courses 5 4 100
9 Semester - 2017 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL961 LAW OF TAXATION - 5 4 100
BBL962 LAW OF EVIDENCE - 5 4 100
BBL975 DRAFTING, PLEADING AND CONVEYANCE (C1) - 5 4 100
BBL976 ALTERNATIVE DISPUTE RESOLUTION (C2) - 5 4 100
BBL983 COMPETITION LAW - 5 4 100
BBL9E1 NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS - 5 4 100
BBL9E2 WITNESS EXAMINATION - 60 4 100
BBL9E3 ARTIFICIAL INTELLIGENCE AND LAW - 5 4 100
BBL9E4 TELECOMMUNICATION LAW - 5 4 100
BBL9E5 AVIATION LAW - 5 4 100
10 Semester - 2017 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
BBL1073 PUBLIC INTEREST LITIGATION, LEGAL AID AND PARA LEGAL SERVICES (C3) - 5 4 100
BBL1074 MOOT COURT AND INTERNSHIP (C4) - 5 4 100
BBL1075 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM(C5) - 4 4 100
BBL1086 DISSERTATION - 5 4 100
BBL10E1A PARA LEGAL SERVICES - FIELD VISIT - 4 4 100
BBL10E1B INTERNATIONAL INVESTMENT LAW - 5 4 100
BBL10E2A INTERNATIONAL TAXATION - 5 4 100
BBL10E2B LAW OF EXECUTION - 5 4 100
BBL10E3A INTERNATIONAL COMMERCIAL ARBITRATION - 5 4 100
BBL10E3B SPORTS LAW - 5 4 100
BBL10E4A PENOLOGY AND VICTIMOLOGY - 5 04 100
BBL10E4B ANTITRUST AND PATENT LAW - 5 4 100
BBL10E5A MARITIME LAW - 5 4 100
BBL10E5B SPACE LAW - 4 1 100
    

    

Introduction to Program:

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

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

Programme Outcome/Programme Learning Goals/Programme Learning Outcome:

PO1: ACADEMIC EXPERTISE

PO1.1: Demonstrate a critical understanding of the key concepts in law.

PO1.2: Display knowledge in core and non-core (interdisciplinary) areas of law.

PO1.3: Evince strong understanding of the patterns of governance and the underlying reasons for the same.

PO2: CRITICAL THINKING, LEGAL REASONING AND RESEARCH SKILLS

PO2.1.5: Make sound judgments and suggest improvements in the law, in accordance with major theories, concepts and methods of the subject(s) of study

PO2.1.4: Evaluate laws, as against the laws in other jurisdictions, and on the touchstone of constitutional values and the values advanced in the Sustainable development goals.

PO2.1.3: Engage in deliberations and discussions on issues of local, regional, national and global importance.

PO2.1.2: Apply underlying concepts, principles, and techniques of analysis, both within and outside the discipline;

PO2.1.1: Make constructive arguments, employing logical legal reasoning;

PO2.1: Review, present and critically evaluate qualitative and quantitative information to:

PO3: PROFESSIONAL SKILLS

PO3.1.3: Employ sound logical legal reasoning for advancing arguments and representing the best interests of the client in a professional and ethical manner.

PO3.1.2: Exhibit Court manners and etiquette in their professional law practice.

PO3.1.1: Demonstrate articulation skills in communication, clarity of thought in expression and present their viewpoints accurately and convincingly whether oral or written to members of the legal community.

PO3.1: Mooting skills

PO3.2: Demonstrate leadership skills through initiatives, inclusiveness, confidence and working effectively in groups.

PO3.3: Display problem solving and dispute resolution skills that encourages social cohesion.

PO3.4: Demonstrate Drafting/ Pleading and Conveyance skills in the use of accurate legal language and formats of drafting.

PO3.5: Demonstrate efficiency in the use of various tools and techniques in negotiation and vetting of contracts.

PO4: VALUES

PO4.1: Demonstrate gender sensitivity in their actions.

PO4.2: Demonstrate environment sensitivity in their actions.

PO4.3: Reflect human values social and moral in their interactions with society.

PO4.4.3: Apply their learning/ orientation in management and corporate governance to the benefit of corporate decisions

PO4.4.2: Evaluate companies' performances based on financial reports using various financial tools.

PO4.4.1: Analyze problems and suggest concrete measures to corporates in formulation of plans for efficient utilization of resources.

PO4.4: Demonstrate strong commitment for constitutional values in service to the society.

Assesment Pattern

 

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

 

·         CIA II – Mid Semester Examination                                  – 25%

 

·         CIA III – Research Topic                                                     – 10%

 

·         Attendance                                                                            – 05%

 

·         End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

Examination And Assesments

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

BBL121 - PRINCIPLES OF MANAGEMENT (2021 Batch)

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

Course Objectives/Course Description

 

 

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

COURSE OBJECTIVES: 

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

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

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

Course Outcome

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

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

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

Unit-1
Teaching Hours:8
NATURE OF MANAGEMENT
 

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

Unit-2
Teaching Hours:8
EVOLUTION OF MANAGEMENT THOUGHT
 

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

Unit-3
Teaching Hours:8
FUNCTIONS OF MANAGEMENT
 

 

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

 

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%

 

 

BBL127 - FOUNDATIONAL KANNADA (2021 Batch)

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

Course Objectives/Course Description

 

This Course is taught for BBA/LLB Kannada unknowing students. The students are trained to converse in Kannada for their day- to –day life. It helps them to acquire language skills in both written and spoken forms.  It also helps to understand local culture and tradition.

Course Outcome

CO1: Able to recognize and learn the Kannada alphabets

CO2: Capable to understand the different phones in Kannada language

CO3: Enable to compose the sentences of their own.

CO4: To able to acquire written as well as spoken language skills.

Unit-1
Teaching Hours:6
Alphabets-1
 

1.     Kannada Varnamale- Swargalu, Sandhyakshara, Anuswara & Visarga                    

2.     Vargeeya Vyanjana, Anunasikagalu                                                                      

3.     Avargeeya Vyanjana, Ottakshargalu                                                                    

Unit-2
Teaching Hours:10
Alphabets-2
 

1.     Kagunitha                                                                                                             

2.     Parts of Speech: Noun, Prounaoun, Verb, Conjunction, Interjection,

 Exclamatory,                                                                                                       

3.     Linga, Vachana, Vibhakti Pratyagalu                                                                   

Text Books And Reference Books:

1. Muddu Kannada: R.L. Anantha Ramiah

2. Kannada Kali Nali: N.S. Lakshminarayanabhatta

3. Maggi Pustaka

4. Kannada Varna Male- Charts

Essential Reading / Recommended Reading
  1. Muddu Kannada: R.L. Anantha Ramiah
  2. Kannada Kali Nali: N.S. Lakshminarayanabhatta
  3. Maggi Pustaka
  4. Kannada Varnamale- Charts
Evaluation Pattern

CIA 1 : Written test  to test their writing ability

CIA 2:  Mid Semester Exams

CIA 3: Oral test  to test their speaking ability

End Semester Exams

 

 

 

 

 

BBL132 - ENGLISH (2021 Batch)

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

Course Objectives/Course Description

 

Course Description:

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

 

Course objectives:

 

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

 

Course Outcome

CO1: Communicate effectively and do power point presentations in a more professional way.

CO2: Apply analytical and critical thinking skills while reading long passages.

CO3: Write answers to questions in a systematic way.

CO4: Contribute creative thoughts and ideas on issues evolving through readings in class.

CO5: Construct meaningful paragraphs adhering to the rules of grammar

CO6: Apply the rules of punctuation correctly, while writing.

CO7: Draft letters, write essays and Research papers (at a very basic level), adhering to the rules of academic writing.

CO8: Apply the rules of grammar, while constructing sentences and paragraphs.

CO9: Listen, Speak, Read, Write (LSRW skills) effectively ? Local, national & internal needs

Unit-1
Teaching Hours:8
BASIC GRAMMAR
 

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

Unit-2
Teaching Hours:5
SENTENCE STRUCTURE
 

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

Unit-3
Teaching Hours:5
COMPREHENSION
 

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

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

 

BBL143 - PRINCIPLES OF ECONOMICS (2021 Batch)

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

Course Objectives/Course Description

 

This course primarily deals with the basic concepts and theories of Micro Economics and is divided into 7 units. The first unit is titled Introduction to Economics and will introduce the fundamental concepts, terms and terminologies used in microeconomic analysis. Unit 2 (Theory of Demand and Supply) discusses the most important analytical tools of economics-demand, supply and equilibrium, along with different types and degrees of elasticity and their measurements. Unit 3 (Theory of Costs, Production and Revenue) combines the traditional economic theories pertaining to Production, Costs and Revenue. Unit 4 (Consumer and Producer Behavior) deals with the various theories of Consumer and Producer behavior and the analytical tools used by both economic entities in the determination of utility and profit. Unit 5 (Behavior of the Firm) extensively deals with the different kinds of markets and how price and output is determined in different market models. Unit 6 (Public Finance and Taxation) is from the domain of Pubic Economics and is designed to give elementary inputs in the areas of fiscal policy, public expenditure and taxation. Finally, Unit 7 (Macro Economic Variables and Policies) introduces the basic macroeconomic concepts and variables and their measurement, and the contemporary debates of Macroeconomics.

The course is specifically designed for students with no formal background or a little acquaintance with Economics-with a major thrust on Micro Economics. A good grasp of Micro Economics is vital for economic decision making, for designing and understanding public policy from a legal perspective, and more generally for appreciating how a modern economy functions. The main objective of the course is to give the students with a clear understanding of the basic concepts, tools of analysis and terminologies used in Economics, which will facilitate their understanding of various legal phenomena and their economic implications. The course will also prepare the students to undertake Institutional Economics and Law & Economics in their 2nd and 4th semester respectively by providing a strong theoretical foundation of Micro Economics. The emphasis is to provide the subject matter in a manner that is easy to understand and the aim is to make the exposition clear and accessible as well as lively and engaging-with a minimal reliance on mathematics.

 

Course Outcome

CO1: Define and describe the fundamental concepts and principles of Economics

CO2: Apply the analytical tools of Economics used in legal analysis

CO3: Evaluate and analyze the importance of economic analysis in policy making and advisory functions

Unit-1
Teaching Hours:12
INTRODUCTION TO ECONOMICS
 

A.    Economics: the world around you:

What is economics?

Definitions of economics: - scarcity, choices, Rational Self-Interest

The economic approach: positive and normative analysis, microeconomics and macroeconomics

B.     History of Economic thoughts: Mercantilism, Classical economics, Keynesian economics

C.     Choice, Opportunity Costs, and Specialization

Opportunity costs: tradeoffs and decisions at the margin, The Production possibilities Curve

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

Unit-2
Teaching Hours:10
THEORY OF DEMAND AND SUPPLY
 

A.    Markets: definition

B. Demand: Law of demand, demand schedule, demand curve, individual demand, market demand, factors affecting demand.

C.   Supply: Law of supply, supply schedule, supply curve, individual supply, market supply, factors affecting supply

D.    Equilibrium: Putting demand and supply together

E.     Elasticity of demand and Supply

F.      Government policies- Price controls: - Rent controls, Minimum wage, Evaluating Price Controls.

 

 

Unit-3
Teaching Hours:10
COSTS AND REVENUE
 

A.Types of costs: Economic and Accounting costs, Opportunity costs, Fixed and Sunk costs, Total and variable costs, average and marginal costs, Short-run and Long-run cost functions,

B.     Total revenue, marginal revenue, average revenue and breakeven point.

Text Books And Reference Books:

Essential Reading / Recommended Reading

Mankiw,G–Principles of Economics-2ndEdition (2004)- SouthWest Publishers.

 

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

 

Parkin, Michael - Macroeconomics, 7th Edition (2004)- PrenticeHall.

 

Miller, R.L. – Economics Today -14th Edition (2005) - AddisonWesley.

 

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

Salvatore, Dominick .Microeconomics-Theory and Applications. New Delhi: Oxford University Press, 4th Edition

Pindyck, S Robert, Rubinfeld L Daniel and Mehta, L Prem. Microeconomics, New Delhi: Pearson Prentice Hall, 7th Edition

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%

 

BBL164 - LEGAL METHODS (2021 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 course on Legal Method seeks 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 etc.

 

Course Outcome

CO 1: 1. define law, identify its functions and classify law

CO2: 2. a) identify the hierarchy of sources and explain how law is drawn/made applicable from each of the sources b) systematically identify the ratio decidendi & obiter dicta of a case law using the tests outlined

CO3: 3. identify and explain the relevance and use of various research engines, research database, for sourcing both primary and secondary law material

CO4: 4. demonstrate systematically, interpretative skills with respect to statutes and case laws

CO5: 5. analyze, criticize and reason academic based legal writing

CO6: 6. explain the nature of Indian judicial system, hierarchy of courts, its jurisdiction, features and other supporting structures

UNIT 1
Teaching Hours:10
MEANING AND CLASSIFICATION OF LAWS
 

Meaning and definition; Functions of law; Classification of laws: Public and Private Law, Substantive and Procedural Law, Municipal and International Law.

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

UNIT 2
Teaching Hours:10
SOURCES OF LAW
 

 

Meaning; Primary and Secondary sources; Custom; Precedent- Categories of precedents, dissenting and concurring opinion, overruling of judgments, Article 141 of the Constitution; stare decisis, Ratio decidendi- Tests to determine ratio decidendi, obiter dictum; Legislations, Juristic writings; Justice, Equity and Good Conscience, International law as a source of Municipal Law.

 

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

 

UNIT 3
Teaching Hours:6
LEGAL REASONING
 

Legal materials – Case law, Case Briefing; Statutes, Reports, Journals, Manuals, Digests etc.; Use of Law Library; Importance of legal research;

New Dimensions in Legal Research- Use of Online Databases and e-resources; Techniques of Legal Research; Legal writings and citations; Judicial Reasoning; Analogizing – the application of principles laid down in similar cases, static and dynamic analogy; Case Synthesis.

 

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

Text Books And Reference Books:

 

1.      A.V. Dicey, An introduction to the Study of the Law of Constitution, Universal Law Publishing Co., 10th edn. 4th Indian Reprint, 2003

 

2.      B S Hansai, A Critical Study of ADR System: Special Focus on LokAdalat in India

 

3.      Benjamin Cardozo, Nature of Judicial Process, Universal Law Publishing Co., 9th Indian Reprint 2011

 

4.      Bodenheimer, Jurisprudence; , Universal Law Publishing Co., 7th Indian Reprint, 2011.

 

5.      C K Takwani, Lectures on Administrative Law, 4th Edition, 2008, Eastern Book Company.

 

6.      David Ingram, Law-Key Concepts in Philosophy, Continuum International Publishing Group, 1st edn. 2006

 

7.      Friedmann, Law in a Changing Society, Universal Law Publishing Co. 4th Indian Reprint 2008

 

8.      G. W. Paton, A Textbook of Jurisprudence, Oxford University Press, 2007

 

9.      H. Patrick Glenn, Legal Tradition of the World, Oxford University Press, 1st edn., 2000

 

10.  Jacqueline M Nolan Haley, ADR in a Nutshell, 2nd Edition, 2001, West Group

 

11.  Kulshreshta, Landmarks in Indian Legal and Constitutional History, Eastern Book Co., 8th edn. Reprint 2006

 

12.  Lakshminath, Precedent in Indian Law, Eastern Book Co., 3rd edn., 2009.

 

13.  M.V. Pylee, Select Constitutions of the World, Universal Law Publishing Co., 3rd edn., 2012.

 

14.  Mani Tripathi, Introduction to Jurisprudence and Legal Theory, Allahabad Law Agency, 2011.

 

15.  P J Fitzgerald, Salmond on Jurisprudence, Universal Law Publishing, 2004;

 

16.  Rattan Singh, Legal Research & Methodology, Lexis Nexis, 1st edn., 2013

 

17.  S K Vermam&AfzalWani, Legal Research and Methodology, Indian Law Institute, 2nd edn., 1st Reprint 2006

 

18.  S.R. Myneni, Legal Systems in the World, Asia Law House, 1st edn., 2007

 

19.  Sharon Hanson, Legal Method and Reasoning, Cavendish Publishing Ltd., 2nd edn, 2003

 

20.  Steven J Burton, An Introduction to Law and Legal Reasoning, Wolters Kluwer Publishers Co., 1st edn., 2007.

 

21.  Sukumar Roy, Alternative Dispute Resolution, Eastern Law House, 1st edn., 2012

 

22.  T. K. Sinha, Textbook on Legal Methods, Legal Systems and Research, 1st Edition, 2010, Universal Law Publishing Co. Ltd.

 

23.  V D Mahajan, Jurisprudence and Legal Theory, Eastern Book Co., 5th edn., Reprint 2010

 

24.  William Glanville, Learning the Law, 16th edn. Sweet and Maxwell, 2019.

 

 

 

Essential Reading / Recommended Reading

1.      A.V. Dicey, An introduction to the Study of the Law of Constitution, Universal Law Publishing Co., 10th edn. 4th Indian Reprint, 2003

2.      B S Hansai, A Critical Study of ADR System: Special Focus on LokAdalat in India

3.      Benjamin Cardozo, Nature of Judicial Process, Universal Law Publishing Co., 9th Indian Reprint 2011

4.      Bodenheimer, Jurisprudence; , Universal Law Publishing Co., 7th Indian Reprint, 2011.

5.      C K Takwani, Lectures on Administrative Law, 4th Edition, 2008, Eastern Book Company.

6.      David Ingram, Law-Key Concepts in Philosophy, Continuum International Publishing Group, 1st edn. 2006

7.      Friedmann, Law in a Changing Society, Universal Law Publishing Co. 4th Indian Reprint 2008

8.      G. W. Paton, A Textbook of Jurisprudence, Oxford University Press, 2007

9.      H. Patrick Glenn, Legal Tradition of the World, Oxford University Press, 1st edn., 2000

10.  Jacqueline M Nolan Haley, ADR in a Nutshell, 2nd Edition, 2001, West Group

11.  Kulshreshta, Landmarks in Indian Legal and Constitutional History, Eastern Book Co., 8th edn. Reprint 2006

12.  Lakshminath, Precedent in Indian Law, Eastern Book Co., 3rd edn., 2009.

13.  M.V. Pylee, Select Constitutions of the World, Universal Law Publishing Co., 3rd edn., 2012.

14.  Mani Tripathi, Introduction to Jurisprudence and Legal Theory, Allahabad Law Agency, 2011.

15.  P J Fitzgerald, Salmond on Jurisprudence, Universal Law Publishing, 2004;

16.  Rattan Singh, Legal Research & Methodology, Lexis Nexis, 1st edn., 2013

17.  S K Vermam&AfzalWani, Legal Research and Methodology, Indian Law Institute, 2nd edn., 1st Reprint 2006

18.  S.R. Myneni, Legal Systems in the World, Asia Law House, 1st edn., 2007

19.  Sharon Hanson, Legal Method and Reasoning, Cavendish Publishing Ltd., 2nd edn, 2003

20.  Steven J Burton, An Introduction to Law and Legal Reasoning, Wolters Kluwer Publishers Co., 1st edn., 2007.

21.  Sukumar Roy, Alternative Dispute Resolution, Eastern Law House, 1st edn., 2012

22.  T. K. Sinha, Textbook on Legal Methods, Legal Systems and Research, 1st Edition, 2010, Universal Law Publishing Co. Ltd.

23.  V D Mahajan, Jurisprudence and Legal Theory, Eastern Book Co., 5th edn., Reprint 2010

24.  William Glanville, Learning the Law, 16th edn. Sweet and Maxwell, 2019.

 

Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation    10%
  • CIA II – Mid Semester Examination                     25%
  • CIA III – Research Topic                                      10%
  • Attendance                                                             05%
  • End Semester Examination                                    50%

 

                                                               TOTAL         100%

 

BBL165 - INDIAN LEGAL AND CONSTITUTIONAL HISTORY (2021 Batch)

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

Course Objectives/Course Description

 

This course is designed to help students to understand the historical background of the Indian Legal System. This course shall play a pivotal role in creating interest amongst students in the furtherance of their careers in the discipline of law. Working in and around the episteme of the statutory law enacted, amended and repealed by the majoritarian notions of justice are often debated on matters relating to their interpretation in the judicial discourse. A practitioner of law is expected to understand and appreciate the history of different institutions of law, their working and impact on the legal system as such. At the same time, it is also viable for the practitioner to have a certain perspective over the politics of the history of law. The Law commission reports and developments through the British India period will help students to know the intricacies of Law in India. The course also discusses the constitutional history along with the history of the general legal system. It is pertinent to grasp the historical developments that led to the enactment of the constitution.

 

This course will take students through the periods between 1600-1947 in which they will be able to understand how laws were made and what paved the way for modern day legislations in India. The course touches upon the emergence of British Legislative system and growth of formalized court system in India. Many cases are discussed under the course to showcase how these matters were adjudicated during British period which will in turn help the students to find out the differences between adjudicative processes then and now.

 

Course Outcome

CO1: Remember the history behind British settlements in India, the judicial process involved in Madras, Bombay, and Calcutta through the East India Company

CO2: Demonstrate an understanding of the structure and functioning of different Courts in different periods under different rulers and Governor Generals.

CO3: Apply their understanding to compare and contrast the then legal system with the present legal and constitutional system.

CO4: Critically analyze and evaluate the present legal and judicial system and the constitutional scheme of things.

Unit-1
Teaching Hours:10
THE EAST INDIA COMPANY AND ITS EARLY SETTLEMENTS IN INDIA
 

Historical background of East India Company; Settlements at Surat, Madras, Bombay and Calcutta. Judicial system in the settlements

Unit-2
Teaching Hours:6
ESTABLISHMENT OF CROWN'S COURTS IN INDIA
 

Charter of 1726, Main Features of the Charter, Mayor’s Courts under the Charters of 1687 and 1726; Working of the Charter, Courts for the Natives

Unit-3
Teaching Hours:8
BEGINNING OF THE ADALAT SYSTEM.(WARREN HASTINGS)
 

Judicial Plan of 1772 and 1774, Judicial Plan of 1780 and its working, reforms by Sir Impey; Reforms in the Administration of Criminal Justice under Warren Hastings

Text Books And Reference Books:

 

1.      M.P. Jain – Outlines of Indian Legal History, Dhanwantra Mechanical and Law Book House, Delhi.

2.      V.D. Kulashreshta’s Landmarks in Indian Legal and Constitutional History by, by B.M.Gandhi.

3.                             Dr. M.P.Singh, Outlines of Indian Legal & Constitutional History.

Essential Reading / Recommended Reading

1.      Constitutional Assembly Debates

2.      M.P. Jain – Outlines of Indian Legal History, Dhanwantra Mechanical and Law Book House, Delhi.

3.      V.D. Kulashreshta’s Landmarks in Indian Legal and Constitutional History by, by B.M.Gandhi.

4.                             Dr. M.P.Singh, Outlines of Indian Legal & Constitutional History.

5.                             Keith A. B. A Constitutional History of India, 1600-1935, 2nd Ed. Allahabad: Central Depot, 1961.

6.                             Speeches and Documents on the Indian Constitution 1945 -1947 (2 Vols.) London OUP, 1957.

7.                              Pylee, M. V. Constitutional History of India (1600 -1950) Bombay: Asia 1967.

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%

BBL166 - LAW OF TORTS (2021 Batch)

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

Course Objectives/Course Description

 

With rapid industrialization, tort action came to be used against manufacturers and industrial units for products injurious to human beings. Presently, the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics.

Unit 1 introduces students to the law of torts and to the principles of tortuous liability and distinguishes torts from crimes and breaches of contract. Unit 2 is designed to make the students know and understand various defences available to the defendant in a suit for torts. Unit 3 is to introduce the students to the concept of locus standi and of disability and immunity. Unit 4 is designed to acquaint the students with the circumstances under which one person may be liable for the wrongs done by another and with the concepts of employer and employee relationship and the concept of individual agency, as well as with the doctrine of sovereign immunity. Unit 5 is to acquaint students with the different torts against persons and personal relationships and the circumstances in which a person is liable for committing such torts. Unit 6 is to acquaint students with the different torts against properties and the circumstances in which a person is liable for committing such torts. Unit 7 acquaints students with the mental elements involved in a tort, especially negligence, the extent of liability and the liabilities of different professional for negligence. Unit 8 is designed to acquaint the students with the concept of no fault liability. Unit 9  is designed to acquaint the students with the different remedies available to the victim of a tort and the circumstances in which they are available.

  • Understand the constituents of tort and general principles
  • Provide an in-depth clarity about various defences available against tortious liability
  • Enhance the clarity in understanding the concept of locus standi for actions in tort
  • Acquaint with principle of tortious liability for torts committed by others, principle of respondent superior, the principles of unintentional tort of negligence

 

 

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

C03: Identify and explain the possible defenses the defendant can opt for in a suit for damages

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

C05: Undertake legal research in tort and evaluate legal principles used in tort law

C06: Critically analyze the tort law concepts and understand their applicability.

Unit-1
Teaching Hours:5
EVOLUTION DEFINITION, NATURE, SCOPE AND OBJECTS OF LAW OF TORTS
 

Nature of law of torts, meaning and definitions of tort, Law of Tort and Law of Torts, Constituents of tort-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:8
DEFENCES IN ACTIONS FOR TORTS
 

Justification – Volenti non fit injuria; Necessity, private and public; Plaintiffs default; Act of God; Inevitable accident; Private defense; Statutory authority; Judicial and quasi-judicial acts; Parental and quasi-parental authority, Waiver and acquiescence, Release; Accord and Satisfaction

 

 

Unit-3
Teaching Hours:3
STANDING AND CAPACITY
 

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

Text Books And Reference Books:

1.      Oughton, David and Harvey, Barbara, Law of Torts, Oxford University Press, 8th Edition, 2015.

2.      Singh, Guru Prasanna. Ratanlal & Dhirajlal's Law of Torts, 26h ed. New Delhi: Wadhwa & Co, 2013.

3.      Jones, Michael A. Text book on Torts. New Delhi: Lawman. 1995.

4.      Lakshminath, A. and Sridhar M. Ramaswamy lyer's Law of Torts, 10th ed. New Delhi: Lexisnexis, 2007.

5.      Weir, Tony. Introduction to Tort Law, 2nd ed. New York: Oxford University Press, 2006.

6.      Pillai, P. S. A. Law of Tort. 9th ed. Lucknow: Eastern Book-Co., 2004.

7.      Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19th ed. London: Sweet & Maxwell, 2006.

8.      Howarth, D. R., Hepple Howarth, and Mathews. Tort: Cases & Materials. London: Oxford University Press, 2005.

9.      Weir, Tony. Case book on Tort. 10th ed. London: Sweet & Maxwell, 2004.

10.  Rogers, W. V. H. Winfield & Jolowicz on Tort, 7th ed. London: Sweet & Maxwell, 2006.

11.  Harpwood, Vivenne. Law of Tort. London: Cavendish, 1994.

12.  Giliker, Paula. Tort. London: Sweet & Maxwell, 2008.

13.  Rogers, W. V. H. Winfield & Jolowicz on Tort. 7th ed. London: Sweet & Maxwell, 2006.

14.  Brazier, Margaret. Street on Torts. 9th ed. London: Butterworths,1993.

15.  Epstien, Richard. Torts. New York: Aspen Law & Business,1999.

16.  Samuel, Geoffrey. Tort: Cases & Materials. 2nd ed. London: Sweet  & Maxwell, 2007.

 

17.  Rogers, W. V. H. Tort. London: Sweet & Maxwell, 2002.

Essential Reading / Recommended Reading

. 1.      Oughton, David and Harvey, Barbara, Law of Torts, Oxford University Press, 8th Edition, 2015.

2.      Singh, Guru Prasanna. Ratanlal & Dhirajlal's Law of Torts, 26h ed. New Delhi: Wadhwa & Co, 2013.

3.      Jones, Michael A. Text book on Torts. New Delhi: Lawman. 1995.

4.      Lakshminath, A. and Sridhar M. Ramaswamy lyer's Law of Torts, 10th ed. New Delhi: Lexisnexis, 2007.

5.      Weir, Tony. Introduction to Tort Law, 2nd ed. New York: Oxford University Press, 2006.

6.      Pillai, P. S. A. Law of Tort. 9th ed. Lucknow: Eastern Book-Co., 2004.

7.      Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19th ed. London: Sweet & Maxwell, 2006.

8.      Howarth, D. R., Hepple Howarth, and Mathews. Tort: Cases & Materials. London: Oxford University Press, 2005.

9.      Weir, Tony. Case book on Tort. 10th ed. London: Sweet & Maxwell, 2004.

10.  Rogers, W. V. H. Winfield & Jolowicz on Tort, 7th ed. London: Sweet & Maxwell, 2006.

11.  Harpwood, Vivenne. Law of Tort. London: Cavendish, 1994.

12.  Giliker, Paula. Tort. London: Sweet & Maxwell, 2008.

13.  Rogers, W. V. H. Winfield & Jolowicz on Tort. 7th ed. London: Sweet & Maxwell, 2006.

14.  Brazier, Margaret. Street on Torts. 9th ed. London: Butterworths,1993.

15.  Epstien, Richard. Torts. New York: Aspen Law & Business,1999.

16.  Samuel, Geoffrey. Tort: Cases & Materials. 2nd ed. London: Sweet  & Maxwell, 2007.

 

17.  Rogers, W. V. H. Tort. London: Sweet & Maxwell, 2002.

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

 

BBL221 - PRINCIPLES OF ACCOUNTING (2021 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.

 

Course Outcome

CO1: Students will be able to prepare final accounts and understand the importance of reporting

CO2: Students will be able to know prepare a cost sheet and prepare primary and Secondary distribution summary.

CO3: Students will know how flexible budgets are prepared in organizations and used as a tool in 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

Text Books And Reference Books:

 

 

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

 

 

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

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

·         CIA II – Mid Semester Examination                         – 25%

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

·         Attendance                                                               – 05%

·         End Semester Examination                                       – 50%

                                                 TOTAL                      100%

 

 

BBL232 - BUSINESS COMMUNICATION (2021 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES:

This course would enable the students in using the written language accurately and effectively, specific to business contexts.

 

COURSE DESCRIPTION:

UNIT 1 enables students in understanding the need and significance of communication. UNIT 2 is to create an awareness in students regarding the different types of communication in organizations. Objective of UNIT 3 is to help students in understanding the need for effective listening. UNIT 4 introduces students to the importance of formal writing. UNIT 5 is to introduce students to different types of letters, while UNIT 6 introduces students to other types of written communication within organizations. UNIT 7 is designed to introduce students to report writing.

 

Course Outcome

At the end of the course students will be able to –

1.      Differentiate between different types of communication and their significance.

2.      Differentiate between the formal and informal systems of communication in organizations.

3.      Listen effectively.

4.      Draft formal letters pertaining to different business requirements.

5.      Draft minutes and other correspondences.

6.      Write reports and effectively communicate in business environment.

 

 

On completion of the course students will be able to –

 

1.            Chalk out a structure of an  organization.

 

2.            List out Henry Fayol’s contributions and how they are used in organizations.

 

3.            Demonstrate motivational techniques and  reasoning behind it.

 

4.            Analyse a case study on the management concepts parameters.

 

5.            Identify keys areas for quality control and take measures.

 

Unit-1
Teaching Hours:6
INTRODUCTION
 

Learning Outcome: On completion of this UNIT students will be able to differentiate between different types of communication and their significance.

Definition of Communication – Nature, purpose, directions, types, kinds-internal and external, channels, methods-verbal & non verbal

Unit-2
Teaching Hours:8
PROCESS OF COMMUNICATION
 

Learning Outcome: On completion of this UNIT students will be able to differentiate between the formal and informal systems of communication in organizations.

Objectives, basic elements, models of communication process, principles, barriers, methods to overcome barriers

Unit-3
Teaching Hours:6
LISTENING SKILLS
 

Learning Outcome: On completion of this UNIT students will be able to become effective listeners.

Definition, importance, principles, process, approaches, types, advantages, barriers, guidelines to effective listening.

Text Books And Reference Books:

  1. Sathya Swaroop, Debashish, and Bhagaban Das. Business Communication. New Delhi: PHI Learning Pvt Ltd, 2009.
  2. Bhatia R. C. Business Communication. New Delhi: Ane Books,2006.
  3. Lesikar and Pettit. Business Communication: Theory and Application. Delhi: AITB, 1981.
  4. Chaturvedi, P. D., and Mukesh Chaturvedi. Business Communication: Concepts, Cases and Applications. New Delhi: Pearson, 2004.
Essential Reading / Recommended Reading

  1. Sathya Swaroop, Debashish, and Bhagaban Das. Business Communication. New Delhi: PHI Learning Pvt Ltd, 2009.
  2. Bhatia R. C. Business Communication. New Delhi: Ane Books,2006.
  3. Lesikar and Pettit. Business Communication: Theory and Application. Delhi: AITB, 1981.
  4. Chaturvedi, P. D., and Mukesh Chaturvedi. Business Communication: Concepts, Cases and Applications. New Delhi: Pearson, 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%

BBL253 - LAW AND SOCIETY (2021 Batch)

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

Course Objectives/Course Description

 

This course starts with Unit 1 (Religion and Law) which intends to gives students an understanding of the religious plurality of the Indian social fabric and further aims at discussing various issues arising out of such diversity and how it has a positive impact on our social structure. This unit also goes into explaining the various constitutional rights and guarantees extended to religious groups and how the legal framework ensures a harmonious dwelling of such a diverse community. Unit 2 (Regionalism and Law) covers the yet another vital aspect of regionalism and tries to draw a conceptual comparison between nationalism and regionalism and any possible conflict. It also covers various other issues of legal significance associated with regionalism, vis domicile, equality in employment and educational opportunities etc. Unit 3 (Language and Law) speaks about the linguistically diverse nature of the Indian society and the legal status and significance of languages. This unit also covers the history of the formation of various linguistic state units of our country and the issues and challenges faced during their formation. Unit 4 (Women and Law) deals with the understanding of the status of women in our society; from what it was to what it should be. This unit deals with the overall issues surrounding women. Unit 5 (Children and Law) deal with the issues surrounding children and the constitutional and legal protection guaranteed to them. It also speaks about various crimes against children and recent developments in the area. Unit 6 (Dalits and Law) deal with the history behind caste system and the eventual impact of such a social structure over the castes falling under the lower strata. It also speaks about the prevailing legal framework and the rights accorded by the Constitution of India. Unit 7 (Tribal and Law) deals with the understanding of various tribes and tribal culture, the issues and challenges and most importantly the special status accorded to certain regions having tribal population in majority, by the Constitution of India. Unit 8 (Social Movements) gives an insight to the various social movements that have taken place in the past and how they have helped shape a better society of future.

 

Course Objectives:

1)     1. Unlike science, law and society are not uniform in nature and differ from country to country and even region to region. This course has been designed for students to get familiar with these basic concepts.

2)    2.  Law and Society is a complex subject that speaks of, and deals with fundamental changes in society, its structure, method and manner of functioning.

3)    3. India, as a developing multicultural society, has enormous population, pluralism in religion, language, caste structure, ethnic groups and regions.

4)    4. In the process of making students appreciate the interplay between law and society, this course also educates them about the background of various issues of vital social significance and sensitizes them towards the same.   

Course Outcome

CO 1: Unlike science, law and society are not uniform in nature and differ from country to country and even region to region. This course has been designed for students to get familiar with these basic concepts.

CO 2: Law and Society is a complex subject that speaks of, and deals with fundamental changes in society, its structure, method and manner of functioning.

CO 3: India, as a developing multicultural society, has enormous population, pluralism in religion, language, caste structure, ethnic groups and regions.

CO 4: In the process of making students appreciate the interplay between law and society, this course also educates them about the background of various issues of vital social significance and sensitizes them towards the same.

Unit-1
Teaching Hours:8
RELIGION AND LAW
 

Learning Outcome: On completion of this Unit students will be able to have a clear understanding of the role of religion in Indian polity and the guiding principle ofSecularism in India. 

Religions in India; Freedom of Religion and non-discrimination on the basis of Religion; Religious Minorities and the Law; Rajinder Sachar Committee Report; Secularism as a solution to Religious conflicts in India; SR Bommai Case.

Unit-2
Teaching Hours:8
REGIONALISM AND LAW
 

Learning Outcome: On completion of the Unit the students will have a better understanding of Regionalism in Indian Nationalism, its role in matters of education and employment and identity. 

Indian Nationalism and Regionalism; Equality in the matters of employment and Admissions to educational institutions, Impact of Regional Accommodation of Identity; Measures for Aboriginal self-governance (VIth Schedule of the Constitution of India.)

Unit-3
Teaching Hours:9
LANGUAGE AND LAW
 

Learning Outcome: On completion of this Unit the students will have a better understanding of the language policy in India.

Language Policy and the Constitution; Constitutional Protection to Linguistic Minorities; Reorganization of States on Language basis; Implications of the VIIIth Schedule; Language as a divisive factor.

 

Text Books And Reference Books:

·         Tripathi, G.P., Law and Social Transformation. Allahabad, Central Law Publications, 2012.

·         Bhat, P. Ishwara, Law and Social Transformation. Lucknow, Eastern Book Co., 2009.

Essential Reading / Recommended Reading

·         Tripathi, G.P., Law and Social Transformation. Allahabad, Central Law Publications, 2012.

·         Bhat, P. Ishwara, Law and Social Transformation. Lucknow, Eastern Book Co., 2009.

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                            – 25%

·         CIA III – Research Topic                                              – 10%

·         Attendance                                                                              – 05%

·         End Semester Examination                                          – 50%

BBL264 - LEGAL LANGUAGE AND LEGAL WRITING (2021 Batch)

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

Course Objectives/Course Description

 

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

Course Outcome

CO 1: . Explain the relationship between language and the law.

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

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

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

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

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

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

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

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

Unit-2
Teaching Hours:13
LEGAL COMPREHENSION
 

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

 

Unit-3
Teaching Hours:10
LEGAL MAXIMS
 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

Text Books And Reference Books:

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

 

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

 

Evaluation Pattern

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

CIA II – Mid Semester Examination                                 – 25%

CIA III – Research Topic                                                     – 10%

Attendance                                                                            – 05%

End Semester Examination                                                – 50%

 

            TOTAL                                                                                  100%

BBL265 - LAW OF CONSUMER PROTECTION AND MOTOR VEHICLES ACT (2021 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION: Unit 1 is designed to introduce students to the basic principles of consumer law. Unit 2 acquaints the students with the provisions of the Consumer Protection Act, 1986. Unit 3 is to introduce students to the jurisdiction, powers and functions of Consumer Disputes Redressal Agencies. Unit 4 is designed to make the students understand the necessity of regulation of motor vehicles and the regulatory framework for the same. Unit 5 acquaints the students with the registration of motor vehicles. Unit 6 is to acquaint the students to the various liabilities arising out of wrongful use of motor vehicles.

COURSE OBJECTIVES: This course is designed to impart the fundamental notions of consumerism, rights of consumers, and dispute resolution mechanism on the one hand, and the relevance of the MV Act on the other. It would equip the students to analyse the relevance of consumers' rights vis-a-vis globalization.

 

Course Outcome

CO1: Identify the consumer disputes situation and their application

CO2: Explain the law relating to motor vehicles in India

CO3: Interpret, compare and analyse the legal framework relating to consumer laws and motor vehicles

CO4: Evaluate and criticize the contemporary developments in the fields consumer law and motor vehicles

CO5: Formulate and recommend solutions to consumer disputes and motor vehicle disputes

Unit-1
Teaching Hours:10
INTRODUCTION
 

Nature of Market, Development of consumer law and policy, Caveat emptor to caveat venditor, Consumerism and neo-liberalism, Price mechanism and GST, Globalization and consumer law, UN Guidelines on consumer protection.

Unit-2
Teaching Hours:10
REGULATORY FRAME WORK
 

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, Comparison between Consumer Protection Act, 2019 and 1986, Consumer friendly Legislations, emerging concerns in consumer protection and law, Consumer awareness and education in India.

Unit-3
Teaching Hours:10
CONSUMER DISPUTES REDRESSAL AGENCIES
 

Grounds of filing a complaint, Class action, Jurisdiction, violation of rights of consumers, product liability, Limitation and Procedure for filing and hearing of a complaint, District Commission, State commission, National commission, Composition of Commissions, reference to mediation cell, Consumer Law Board, Appeals, Offences and penalties.

Text Books And Reference Books:
  1. Justice S N Aggarwal, Supreme Court on Consumer Protection Act, Universal Law Publishing Co., 2013.
  2. Wadhwa, Justice D. P. (ed). The Law of Consumer Protection. New Delhi: Wadhwa and Company Nagpur, 2006.
  3. Nayak, Rajendra Kumar. Consumer Protection Law in India: An Eco-legal Treatise on Consumer Justice. Bombay: N. M/ Tripathi Pvt Ltd., 1991.
  4. Sheth, Dilip K. Treatise on Consumer Protection Law (Law & Practice). Mumbai: Snow White, 2003.
  5. Agarwal, Dr V. K. Bharat's Consumer Protection (Law & Practice) 6th ed. New Delhi: B. L. H. Publishers and Distributors Pvt. Ltd., 2008.
  6. Singh, Avtar. Law of Consumer Protection (Principles & Practice) 4th ed. Lucknow: Eastern Book Co., 2005.
  7. Majumdar, P. K. Law of Consumer Protection in India 5thed. New Delhi: Orient Publishing Company, 2003.
  8. Sarkar, Utpal Ranjan. Sarkar’s Motor Accidents: Motor Insurance Claims & Compensation. New Delhi : Sodhi Publications, 2004.
  9. Raju, Doraiswamy. Supreme Court Motor Accident Judgements (1995-2006). New Delhi, India Law House, 2007.
  10. Sengupta's Commentary on Motor Vechicles Act. 3rd ed. Allahabad, Dwivedi Law Agency, 2006.
  11. Kannan, K., and N. Vijayaraghavan. MLJ Motor Vehicle Laws (2 Vols). 13thed. New Delhi: LexisNexis Butterworths Wadhwa & Company Nagpur, 2008.
  12. Ejaz Ahmad's An Exhautive Commentary on Motor Vehicles Act. 4th ed. Revised by Anil Sachdeva. Jodhpur: Unique Law Publishers, 2007
Essential Reading / Recommended Reading

1.Avtar Singh, Consumer Protection Law and Practice, 5 th edn., Eastern Book Company, 2015

2.Supreme Court on Consumer Protection Act by Justice S. N. Aggarwal, Justice S. N. Aggarwal, Universal Law Publishing, 2 nd edn. July 2017

3.An Exhaustive Commentary on Motor Vehicles Act, 1988 Along with Motor Vehicles Rules, 1989 and Allied Laws In 2 Volumes, Justice Rajesh Tandon), Thomson Reuters, Edition: Second, 2017

4.Sarkar, Utpal Ranjan. Sarkar's Motor Accidents Motor Insurance Claims & Compensation, Sodhi Publications, New Delhi 2004.

5.Raju, Doraiswamy, Supreme Court Motor Accident Judgments (1995-2006) India Law House, New Delhi, 2007.

6.Sengupta's Commentary on Motor Vehicles Act. 3rd ed. Dwivedi Law Agency, Allahabad, 2006.

7.Kannan, K. And N Vijayaraghavan. MLJ Motor Vehicle Laws. 2Vols. 13th ed. New Delhi: LexisNexis Butterworths Wadwa Nagpur, 2008.

 

Evaluation Pattern

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

•CIA II – Mid Semester Examination – 25% 

•CIA III – Research Topic – 10% 

•Attendance – 05% 

•End Semester Examination – 50% 

TOTAL 100%

 

BBL2E1 - HUMAN RIGHTS (2021 Batch)

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

Course Objectives/Course Description

 

Course Description: 

This course deals with the evolution, development, and application of the human rights law, including its relevance to the Indian Context. Furthermore, this course will also provide an understanding of the interlinking between the Indian Constitution and Human Rights Law. This The course will also make the students aware of the several Human Rights Mechanisms, nationally and internationally, as well as the challenges that exists in the protection of Human Rights.

 

Course Objective

The course is designed to inform the students about the origin and evolution of human rights and the way they are read into our Constitution.  It will further explore the different challenges to Human Rights with reference to crime, health, IP, etc. It will promote a more humanitarian perspective towards the human rights issues facing not only the Indian society but internationally.

In this connection, UNIT 1 covers the conceptual and constitutional aspects along with the provisions about the National and State Human Rights Commissions. UNIT 2 looks into the societal challenges and expectations in terms of human rights. UNIT 3 provides an analysis of criminal infractions and resultant rights abuse. UNIT 4 is designed to study state action in juxtaposition with human rights. UNIT 5 looks into workers' rights from the viewpoint of human rights. UNIT 6 takes stock of the pivotal role attributed to media in furthering of human rights. UNIT 7 aims at a study of various international instruments in the field of human rights.

Course Outcome

CO1: Identify the fundamental philosophy and policies concerning human rights.

CO2: Summarize the legal effects of international treaties and conventions on the national human rights jurisprudence

CO3: Relate to the on-going debates and current or future challenges concerning human rights.

CO4: Critically Analyse the Human rights protection mechanism, nationally and internationally concerning human rights.

CO5: Formulate the role of state actors for the protection of human rights.

Unit-1
Teaching Hours:6
Introduction
 

Concept of human rights, historical background, meaning of human rights, constitutional provisions, Human Rights Act – objectives and framework, National Human Rights Commission, State Commission 

Unit-2
Teaching Hours:8
HUMAN RIGHTS AND COMMUNITY
 

Human rights and democracy, disability, environmental, air and water pollution, education, freedom of speech and expression, religion, marriage, reservation in  favour of SC/ST

Text Books And Reference Books:


·    Agarwal, H. O. (Dr.). International Law and Human Rights. 19th edition. Allahabad: Central Law Publications, 2013.

·    Baxi, Upendra. The Future of Human Rights. 2nd ed. Oxford: Oxford University Press, 2006.

·    Brownlie, Ian (Ed.) Basic Documents on Human Rights. 5th ed. Oxford: Oxford University Press, 2006.

·  Henry J. Steiner, Philip Alston et. al. (eds.), International Human Rights in Context: Law, Politics and Morals, Oxford University Press, 3rd Ed., 2007.

·      Kataria, Awasthi S. (Dr.) Law Relating to Protection of Human Rights.  New Delhi : Orient Pub. Co., 2000.

·      Naikar, Lohit D. Law Relating to Human Rights. Bangalore: Puliani and Puliani, 2003.

·     Patel, Bimal N. Comprehensive Guide of Law of Human Rights in Common Wealth Countries. Delhi: Oscar Publications, 2007.

·   Schutter, Olivier De. International Human Rights Law: Case, Materials, Commentary. Cambridge. Cambridge: Cambridge University Press, 2010.

·     Sircar, V. K. Protection of Human Rights in India. New Delhi : Asia Law House, 2005.

·     Stone, Julius. Human Law and Human Justice. New Delhi: Universal Law Publishing,1965.

·     Subramanian, S. (Dr.). Human Rights: International Challenges. 2 Vol. New Delhi: Manas Publications, 2004.

·     Symeonides, Symeon C. Human Rights: Concept and Standards. UNESCO, 2001.

Essential Reading / Recommended Reading

·          

·                 A.H. Robertson, J.G. Merrills, Human Rights in the World 1-24 (Universal Pub., Delhi, 2005).

·                 Asghar Ali Engineer, “Communalism, Communal Violence and Human Rights” 13 (3/4) Dec., 1986 India International Centre Quarterly 161-172.

·                 Asha Bajpai, Child Rights in India: Law, Policy & Practice 148-203 (Oxford Publishers, New Delhi, 2nd ed., 2006).

·                 Baxi, Upendra. The Future of Human Rights. 2nd ed. Oxford: Oxford University Press, 2006.

·                 Bertrand G. Ramcharan (ed.), The Protection of National Human Rights Institutions (Martinus Nijhoff, Boston, 2005).

·                 Bimal N. Patel, Comprehensive Guide of Law of Human Rights in Common Wealth Countries. Delhi: Oscar Publications, 2007.

·                 Brownlie, Ian (Ed.) Basic Documents on Human Rights. 5th ed. Oxford: Oxford University Press, 2006.

·                 Christopher C. Joyner, United Nations and International Law (Cambridge University Press, 1997).

·                 D.D. Basu, Human Rights in Constitutional Law 13-21 (Wadhwa Nagpur, 2005).

·                 Flavia Agnes, Sudhir Chandra, et.al. (eds.) Women & law in India (Oxford University Press, 2004, New Delhi).

·                 G. Indira Priya Darsini, K. Uma Devi, Environmental Law & Sustainable Development (Regal Pub., New Delhi, 2010).

·                 Henry J. Steiner, Philip Alston et. al. (eds.), International Human Rights in Context: Law, Politics & Morals (Oxford University Press, 3rd Ed., 2007).

·                 Justice G. P. Mathur, UN Human Rights Standards & Criminal Law in India 84 R. N. Trivedi (ed.), World of Human Rights: Soli Sorabjee, A Festschrift (Universal Law Pub., Delhi).

·                 Martha C. Nussbaum, “A Right to Marriage?” 98 Cal. L. Rev. 667 2010.

·                 Nevin M. Gewertz, Rivka Amado, “Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads between Health and Property” 55 (3) Dec., 2004 Journal of Business Ethics 295-308.

·                 O.P. Maurya, “Child Labour in India” 36 Journal of Indust. Rel. 492-498.

·                 Olivier De Schutter, International Human Rights Law: Case, Materials, Commentary. Cambridge. Cambridge: Cambridge University Press, 2010.

·                 Parmanand Singh, “Protection of Human Rights through Public Interest Litigation in India” 42 JILI 263

·                 Rhona K. M. Smith, Texts & Materials on International Human Rights (Routledge-Cavendish, 2007).

·                 Sircar, Protection of Human Rights in India. New Delhi : Asia Law House, 2005.

·                 South Asia Human Rights Documentation Centre, Handbook of Human Rights & Criminal Justice in India (Oxford University Press, New Delhi, 2006).

·                 Subramanian, Human Rights: International Challenges. 2 Vol. New Delhi: Manas Publications, 2004.

·                 Symeon C. Symeonides, Human Rights: Concept and Standards. UNESCO, 2001.

 

 

Evaluation Pattern

·         CIA I – Research Report                                                   – 10%

·         CIA II – Mid Semester Examination                               – 25%

·         CIA III – Documentary                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                     TOTAL 100%

BBL2E2 - ANIMAL WELFARE LAW (2021 Batch)

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

Course Objectives/Course Description

 

The rapid decline of India’s wild animals and birds, one of the richest and most varied in the world, has been a cause of grave concern. Some wild animals and birds have already become extinct in this country and others are in the danger of being so. Areas which were once teeming with wild life have become devoid of it and even in sanctuaries and national parks the protection afforded to wild life needs to be improved. The existing State laws are not only out-dated but provide punishments which are not commensurate with the offence and the financial benefits which accrue from poaching and trade in the wild life produce. This paper addresses all these issues. The importance and protection our rich biodiversity is also discussed with. The primary focus of the course is to acquire the concept and philosophy behind the existing Indian laws covering animal welfare aspect and it tries to address the issue of cruelty against animals along with imparting need of taking responsibility in protecting and preserving endangered animals.

1.      To acquaint the students with the historical perspective of animal welfare laws in India.

2.      To understand the philosophy and laws on animal welfare in India.

3.      To develop an understanding on the legal and ethical approach towards animal welfare in US and UK.

4.      To develop a sense of social responsibility towards domestication of pets in India.

Course Outcome

CO1: Explain the historical development of animal welfare legislations in India

CO2: Analyse the existing domestic laws and regulations relating to animal welfare in the current scenario

CO3: Analyse the international laws relating to animal laws

CO4: Distinguish between the US and UK approaches toward animal welfare laws.

CO5: Critically analyse the legal framework on the protection of animal rights

Unit-1
Teaching Hours:10
INTRODUCTION AND HISTORICAL PERSPECTIVE OF ANIMAL PROTECTION LAWS
 

Protection of Animals under Ancient and British Laws, Sources of Law: - Constitutional Provisions. [Art.48A & 51A (g), 7th Schedule Art 246,11th Schedule Art 243G, 12th Schedule Art 243W] Provisions under Indian Penal Code 1860 (Sec 428 & 429, 503) Prevention of Cruelty Act, 1960 [Sec 11(1)(i) & (j)] Wildlife Protection Act, 1972. [Sec 9 & 38J] Food Safety & Standards Regulations 2011, Drugs and Cosmetics Act, 1940 and Rules 1945. [Rule 148C & 135B] Motor Vehicles Act, 1978

Unit-2
Teaching Hours:13
THE WILDLIFE (PROTECTION) ACT, 1972
 

Evolution and Development of the concept of Wildlife Protection in India, Object & scope of the Act, Definition of wildlife – Sec 2(37),Authorities and Wild life advisory board, members and their duties, Hunting of Wild Animals Sec 9,Sanctuaries Sec 18, National Park and Central Zoo Authority Trade or Commerce in Wild Animals, Animal Articles and Trophies: Rajendra Kumar v. Union of India (AIR 2000 Del 449) Preventions and Detection of Offences Sec-50    National Zoo Policy, 1998.

Text Books And Reference Books:

REFERENCE / Reading Materials

 

BOOKS

1.      Raj Panjwani, Animal Laws of India, Ozair Husain, Maneka Gandhi, 6th Edition, 2016, Universal Law Publication (Lexis Nexis)

2.      Animal Rights: Current Debates and New Directions (edited by Cass Sunstein and Martha Nussbaum) Oxford University Press, 2006.

3.      Guide to Animal Welfare Laws Target group – Law enforcement agencies, Animal Welfare Board of India,Ministry of Environment Forests & Climate Change, Government of India.

4.      Dr. Claudia Carr, Animal Law and Welfare - International Perspectives, Springer International Publishing Switzerland, 2016

5.      A Kishan, Indian Forest Laws , 6th Edition 2013, Asia Law House, Hyderabad

6.      , Raj Panjwani , Animal Laws of India, Ozair Husain, Maneka Gandhi, 6th Edition, 2016, Universal Law Publication (Lexis Nexis)

7.      Dr. Claudia Carr, Animal Law and Welfare - International Perspectives by, Springer International Publishing Switzerland, 2016

8.      David S Favre, Animal Law: Welfare, Interest and Rights –2nd Edition (Aspen Elective),  Aspen publishers 2011-05-16.

  1. P Leelakrishnan “Animal Rights and Compassion for Other Living Beings: Growing Dimensions of Right to Life Concept Under the Constitution” 2014(4) KLT, Journal p.85-88
  2. G.W.Paton, “Text Book of Jurisprudence” 4th Edition, Oxford University Press, New Delhi p.294

 

ARTICLES

1.      Jessamine Therese Mathew; Ira Chadha-Sridhar, Granting Animals Rights under the Constitution: A Misplaced Approach: An Analysis in Light of Animal Welfare Board of India v. A. Nagaraja, 7 NUJS L. Rev. 349 (2014).

2.      Dushyant Thakur (2018) Resolving the cultural right-animal right conflict in

India: analyzing Article 29(1) through the paradigm of Jallikattu, Commonwealth Law Bulletin, 44:3,  363-380, DOI: 10.1080/03050718.2019.1635510

3.      Jane Kotzmann; Cassandra Seery, Dignity in International Human Rights Law: Potential Applicability in Relation to International Recognition of Animal Rights, 26 Mich. St. Int'l L. Rev. 1 (2017).

4.      Martha C. Nussbaum, Animal Rights: The Need for a Theoretical Basis, 114 Harv. L.Rev. 1506 (2001).

5.      Ursula Münster , Contentious Diversities and Dangerous Species: Biocultural Diversity in the Context of Human-Animal Conflicts,  RCC Perspectives , No. 9, Why Do We Value Diversity?: Biocultural Diversity in a Global Context (2012), pp. 31-36

6.      Maxim Fetissenko , Beyond Morality: Developing a New Rhetorical Strategy for the Animal Rights Movement,  Journal of Animal Ethics , Vol. 1, No. 2 (Fall 2011), pp. 150-175 Published by: University of Illinois Press in partnership with the Ferrater Mora Oxford Centre for Animal Ethics

7.      Akisha Townsend , An Opportune Quest: The Development of Animal Law Courses in the United States,  Journal of Animal Ethics , Vol. 3, No. 1 (Spring 2013), pp. 72-84 Published by: University of Illinois Press in partnership with the Ferrater Mora Oxford Centre for Animal Ethics

8.      Anand Grover , The Legal Status of Animals in India, 25 MARCH 201 7

9.       LAW COMMISSION OF INDIA , Report No.261 , Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding , August 2015

10.  Ms. Bhumika Sharma,  & Ms. Priyanka Sharma and Ms. Priyanka Rajta, Rights of Animals under Indian Legal System: A Judicial Perception , International Journal of Trend in Research and Development, Volume 4(5), ISSN: 2394-9333 www.ijtrd.com IJTRD | Sep-Oct 2017 Available Online@www.ijtrd.com 361

11.  Jessica Vapnek  & Megan Chapman, Legislative and regulatory options for animal welfare, Food and Agriculture Organization of the United Nations,  2010

12.  Gillis Tarabout, Compassion for Living Creatures in Indian Law Courts, available at

https://www.mdpi.com ›

13.  P Leelakrishnan “Animal Rights and Compassion for Other Living Beings: Growing Dimensions of Right to Life Concept Under the Constitution” 2014(4) KLT, Journal p.85-88

14.  Vishrut Kansal (2016) The Curious Case of Nagaraja in India: Are Animals Still Regarded as “Property” With No Claim Rights?, Journal of International Wildlife Law & Policy, 19:3, 256-267, DOI: 10.1080/13880292.2016.1204885

15.  Dushyant Thakur (2018) Resolving the cultural right-animal right conflict in India: analyzing Article 29(1) through the paradigm of Jallikattu, Commonwealth Law Bulletin, 44:3, 363-380, DOI: 10.1080/03050718.2019.1635510

16.  Laura Jane Bishop & Anita Lonnes Nolen ,  Animals in Research and Education: Ethical Issues , Revised March, 2001

17.  Rhyddhi Chakraborty, Animal Ethics and India: Understanding the Connection through the Capabilities Approach , Bangladesh Journal of Bioethics 2017; 8(1): 33-43 .

18.  Bernard Rollin, Animal Ethics and the Law, Michigan Law Review First Impressions [Vol. 106:143 (2008).

19.  Abha Nadkarni & Adrija Ghosh, Broadening the Scope of Liability towards Cruelty against animals: Gauging the legal adequacies of penal sanctions imposed, 10 NUJS L. Rev. (2017).

 

 

CASES

1.      Mohd Hanif Qureshi and others v. State of Bihar AIR 1958 SC 731

2.      State of West Bengal v. Ashutosh Lahiri AIR 1995 SC 464

3.      Animal and Environment Legal Defence Fund v. Union of India & others 1997 (3) SCC 549

4.      State of Gujarat v. Mirzapur Moti Kureshi Kassab AIR 2006 SC 212, (8) SCC 534

5.      Centre for Environment Law, WWF-I v. Union of India & Others (2013) 8 SCC 234

6.      Animal Welfare Board of India (AWBI) v. A. Nagaraja and Ors (2014) 7 SCC 547

7.      Gauri Maulekhi V. Union of India and Ors Writ Petition (C) No. 881 of 2014, dated December 17, 2014.

8.      Compassion Unlimited Plus Action v. Union of India and ors. Writ Petition (Civil) No. 743/2015 dated August 18, 2015 and WP 24/2016, dated January13 ,2016

9.      Animal Welfare Board of India v. People for Elimination of Stray Troubles &Ors Special Leave to Appeal (C) No.691/2009 dated March 9,2016.

10.  Wildlife Rescue & Rehabilitation Centre v. Union of India Writ Petition(Civil) No. 743/2014 dated March 29, 2016.

11.  N.R. Nair and Ors. v. Union of India and Ors AIR 2000 Ker 340

12.  Balakrishnan v. Union of India WP 155/1999, Kerala High Court, dated June 6, 2000

13.  Abdulkadar Mohamad Azam Sheikh v. State of Gujarat, Special CR APP. No 1635 / 2010, dated May 12, 2011.

14.  Gauri Maulekhi v. State of Uttarakhand and others Writ Petition (PIL) No. 77 of 2010, decided on November 19,2011.

15.  Ramesh Sharma v. State of Himachal Pradesh and others CWP No. 9257 of 2011 along with CWP No.4499/2012 and CWP No.5076/2012 dated September 29, 2014.

16.  People for Animals v. MD Mohazzim & another 2015(3) RCR (Criminal) 94 ; Crl. M.A. Nos.7292/2015 & 7293/2015 dated May 15,2015.

17.  Animals and Birds Charitable Trust v. Municipal Corporation of Greater Mumbai AIR 2015 NOC 1126 (Bom) ; 2015(4)ABR242, 2015(4) Bom CR1.

18.  Court On Its Own Motion v. P.C. Dhiman CW PIL No. 16 of 2014 dated March 15,2016.

19.  Bhartiya Govansh Rakshan Sanverdhan Parishad v. Union of India CW 6631 of 2014, dated July 29, 2016.

 

REPORT

1.      Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding , Report No.261 , Law Commission of India, Government of India, August 2015

 

 

 

Essential Reading / Recommended Reading

REFERENCE / Reading Materials

 

BOOKS

1.      Raj Panjwani, Animal Laws of India, Ozair Husain, Maneka Gandhi, 6th Edition, 2016, Universal Law Publication (Lexis Nexis)

2.      Animal Rights: Current Debates and New Directions (edited by Cass Sunstein and Martha Nussbaum) Oxford University Press, 2006.

3.      Guide to Animal Welfare Laws Target group – Law enforcement agencies, Animal Welfare Board of India,Ministry of Environment Forests & Climate Change, Government of India.

4.      Dr. Claudia Carr, Animal Law and Welfare - International Perspectives, Springer International Publishing Switzerland, 2016

5.      A Kishan, Indian Forest Laws , 6th Edition 2013, Asia Law House, Hyderabad

6.      , Raj Panjwani , Animal Laws of India, Ozair Husain, Maneka Gandhi, 6th Edition, 2016, Universal Law Publication (Lexis Nexis)

7.      Dr. Claudia Carr, Animal Law and Welfare - International Perspectives by, Springer International Publishing Switzerland, 2016

8.      David S Favre, Animal Law: Welfare, Interest and Rights –2nd Edition (Aspen Elective),  Aspen publishers 2011-05-16.

  1. P Leelakrishnan “Animal Rights and Compassion for Other Living Beings: Growing Dimensions of Right to Life Concept Under the Constitution” 2014(4) KLT, Journal p.85-88
  2. G.W.Paton, “Text Book of Jurisprudence” 4th Edition, Oxford University Press, New Delhi p.294

 

ARTICLES

1.      Jessamine Therese Mathew; Ira Chadha-Sridhar, Granting Animals Rights under the Constitution: A Misplaced Approach: An Analysis in Light of Animal Welfare Board of India v. A. Nagaraja, 7 NUJS L. Rev. 349 (2014).

2.      Dushyant Thakur (2018) Resolving the cultural right-animal right conflict in

India: analyzing Article 29(1) through the paradigm of Jallikattu, Commonwealth Law Bulletin, 44:3,  363-380, DOI: 10.1080/03050718.2019.1635510

3.      Jane Kotzmann; Cassandra Seery, Dignity in International Human Rights Law: Potential Applicability in Relation to International Recognition of Animal Rights, 26 Mich. St. Int'l L. Rev. 1 (2017).

4.      Martha C. Nussbaum, Animal Rights: The Need for a Theoretical Basis, 114 Harv. L.Rev. 1506 (2001).

5.      Ursula Münster , Contentious Diversities and Dangerous Species: Biocultural Diversity in the Context of Human-Animal Conflicts,  RCC Perspectives , No. 9, Why Do We Value Diversity?: Biocultural Diversity in a Global Context (2012), pp. 31-36

6.      Maxim Fetissenko , Beyond Morality: Developing a New Rhetorical Strategy for the Animal Rights Movement,  Journal of Animal Ethics , Vol. 1, No. 2 (Fall 2011), pp. 150-175 Published by: University of Illinois Press in partnership with the Ferrater Mora Oxford Centre for Animal Ethics

7.      Akisha Townsend , An Opportune Quest: The Development of Animal Law Courses in the United States,  Journal of Animal Ethics , Vol. 3, No. 1 (Spring 2013), pp. 72-84 Published by: University of Illinois Press in partnership with the Ferrater Mora Oxford Centre for Animal Ethics

8.      Anand Grover , The Legal Status of Animals in India, 25 MARCH 201 7

9.       LAW COMMISSION OF INDIA , Report No.261 , Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding , August 2015

10.  Ms. Bhumika Sharma,  & Ms. Priyanka Sharma and Ms. Priyanka Rajta, Rights of Animals under Indian Legal System: A Judicial Perception , International Journal of Trend in Research and Development, Volume 4(5), ISSN: 2394-9333 www.ijtrd.com IJTRD | Sep-Oct 2017 Available Online@www.ijtrd.com 361

11.  Jessica Vapnek  & Megan Chapman, Legislative and regulatory options for animal welfare, Food and Agriculture Organization of the United Nations,  2010

12.  Gillis Tarabout, Compassion for Living Creatures in Indian Law Courts, available at

https://www.mdpi.com ›

13.  P Leelakrishnan “Animal Rights and Compassion for Other Living Beings: Growing Dimensions of Right to Life Concept Under the Constitution” 2014(4) KLT, Journal p.85-88

14.  Vishrut Kansal (2016) The Curious Case of Nagaraja in India: Are Animals Still Regarded as “Property” With No Claim Rights?, Journal of International Wildlife Law & Policy, 19:3, 256-267, DOI: 10.1080/13880292.2016.1204885

15.  Dushyant Thakur (2018) Resolving the cultural right-animal right conflict in India: analyzing Article 29(1) through the paradigm of Jallikattu, Commonwealth Law Bulletin, 44:3, 363-380, DOI: 10.1080/03050718.2019.1635510

16.  Laura Jane Bishop & Anita Lonnes Nolen ,  Animals in Research and Education: Ethical Issues , Revised March, 2001

17.  Rhyddhi Chakraborty, Animal Ethics and India: Understanding the Connection through the Capabilities Approach , Bangladesh Journal of Bioethics 2017; 8(1): 33-43 .

18.  Bernard Rollin, Animal Ethics and the Law, Michigan Law Review First Impressions [Vol. 106:143 (2008).

19.  Abha Nadkarni & Adrija Ghosh, Broadening the Scope of Liability towards Cruelty against animals: Gauging the legal adequacies of penal sanctions imposed, 10 NUJS L. Rev. (2017).

 

 

CASES

1.      Mohd Hanif Qureshi and others v. State of Bihar AIR 1958 SC 731

2.      State of West Bengal v. Ashutosh Lahiri AIR 1995 SC 464

3.      Animal and Environment Legal Defence Fund v. Union of India & others 1997 (3) SCC 549

4.      State of Gujarat v. Mirzapur Moti Kureshi Kassab AIR 2006 SC 212, (8) SCC 534

5.      Centre for Environment Law, WWF-I v. Union of India & Others (2013) 8 SCC 234

6.      Animal Welfare Board of India (AWBI) v. A. Nagaraja and Ors (2014) 7 SCC 547

7.      Gauri Maulekhi V. Union of India and Ors Writ Petition (C) No. 881 of 2014, dated December 17, 2014.

8.      Compassion Unlimited Plus Action v. Union of India and ors. Writ Petition (Civil) No. 743/2015 dated August 18, 2015 and WP 24/2016, dated January13 ,2016

9.      Animal Welfare Board of India v. People for Elimination of Stray Troubles &Ors Special Leave to Appeal (C) No.691/2009 dated March 9,2016.

10.  Wildlife Rescue & Rehabilitation Centre v. Union of India Writ Petition(Civil) No. 743/2014 dated March 29, 2016.

11.  N.R. Nair and Ors. v. Union of India and Ors AIR 2000 Ker 340

12.  Balakrishnan v. Union of India WP 155/1999, Kerala High Court, dated June 6, 2000

13.  Abdulkadar Mohamad Azam Sheikh v. State of Gujarat, Special CR APP. No 1635 / 2010, dated May 12, 2011.

14.  Gauri Maulekhi v. State of Uttarakhand and others Writ Petition (PIL) No. 77 of 2010, decided on November 19,2011.

15.  Ramesh Sharma v. State of Himachal Pradesh and others CWP No. 9257 of 2011 along with CWP No.4499/2012 and CWP No.5076/2012 dated September 29, 2014.

16.  People for Animals v. MD Mohazzim & another 2015(3) RCR (Criminal) 94 ; Crl. M.A. Nos.7292/2015 & 7293/2015 dated May 15,2015.

17.  Animals and Birds Charitable Trust v. Municipal Corporation of Greater Mumbai AIR 2015 NOC 1126 (Bom) ; 2015(4)ABR242, 2015(4) Bom CR1.

18.  Court On Its Own Motion v. P.C. Dhiman CW PIL No. 16 of 2014 dated March 15,2016.

19.  Bhartiya Govansh Rakshan Sanverdhan Parishad v. Union of India CW 6631 of 2014, dated July 29, 2016.

 

REPORT

1.      Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding , Report No.261 , Law Commission of India, Government of India, August 2015

 

 

 

Evaluation Pattern

SCHEME OF VALUATION

 

  • CIA I – Class Test / Assignment / Presentation                     – 10%
  • CIA II – Mid Semester Examination                                                 – 25%
  • CIA III – Research Topic / presentation                                – 10%
  • Attendance                                                                             – 05%
  • End Semester Examination                                                     – 50%

                                                                                                            TOTAL 100%

BBL2E3 - HISTORY OF LAW AND JUSTICE (2021 Batch)

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

Course Objectives/Course Description

 

Course Description

History of Law and justice being the pillar of the legal structure as to understand how law serves as a mechanism to provide justice. The course begins with the basic of development of law which has its connotation with the Common Law.This Course consists of 5 units and Unit 1 of the course deals with the Development of Common Law in England. It gives an introduction to what Common Law Is and  its historical development. Unit 2 deals with Origin of House of Lords and House of Commons and discusses the different courts established in England after the Norman Conquest. Unit 3 deals with a study of leading figures in Common Law who worked greatly on the establishment of Common Law as a basis of present day legal system..Unit 4 deals with the Cabinet system in India and focuses on the period between 1861 to 1947 including the Constituent Assembly established to frame the Indian Constitution. Unit 5 deals with Law Commissions in pre and post independent India.

Course Objectives

 

The study of establishment of courts, development of legislative bodies, and development of legal profession in India and how these  institutions helps to tackle problems in the society is of paramount importance to a student in law . Thus, this course intends to:

·         Understand the genesis and the functioning of the Common Law.

·         Relate to the origin of House of Lords and House of Commons.

·         Outline the understanding of leading figures in Common Law

·         Analyse the development of Cabinet system in India from 1861 to 1947 along with the making of the Constitution of India.

·         Provide an opinion on the Constituent Assembly Debates.

·         Examine the Law Commissions in pre and post independent India and analyse the changes made in personal laws in India.

 

 

Course Outcome

CO 1: Demonstrate an understanding of the genesis of Common Law

CO 2 : Identify the development of House of Lords and House of Commons

CO 3 : Compare the works done by leading figures in Common Law

CO 4: Evaluate the development and efficacy of the Cabinet system in India

CO 5: Assess the Constituent Assembly Debates and their relevance in understanding of the Constitution of India in present day context.

CO 6: Compare the reports of Law Commissions in pre-independent era with that of post independent era in drafting laws in India.

Unit-1
Teaching Hours:12
Development of the Common Law
 

 

Anglo Saxon period dooms- The shire Moot and Hundred Moot Doomsmen –Compurgation and ordeal-Remedies by way of Distress and Outlawry –Bot land Werking’s Peace –Deodand –Absolute liability in early law – Property and vouching to warranty contract and wed.

 

Unit-2
Teaching Hours:12
Origin of House of Lords and House of Commons
 

 

Norman conquest and after –Curia Regis and evolution of the Institutions of Government – Common Law courts – House of Lords – House of commons – Privy Council –Cabinet – Suppression of rival jurisdiction – Judges – The Eyre Commission of Assizenisiprius – Standardization of common law .

 

Text Books And Reference Books:

1.      Blackstone: Commentaries on the Laws of England

2.      Setalvad: common law in India

3.      A.B. Keith: A Constitutional History of India (1600-1935)

4.      M.P.Jain: Outline of Indian Legal History

5.      Windeyer : Lectures on Legal history.

6.      Herbertt Cowell : The History and constitution of courts and Legislation Authorities in India.

7.      SirCourtencyIllbert   : The Government of India

8.      Gowyer and Appadurai: Speeches and Documents on the Indian constitution.

9.      M.V.Pylee : Constitutional History of India (1600-1950)

 

Essential Reading / Recommended Reading

1.      Blackstone: Commentaries on the Laws of England

2.      Setalvad: common law in India

3.      A.B. Keith: A Constitutional History of India (1600-1935)

4.      M.P.Jain: Outline of Indian Legal History

5.      Windeyer : Lectures on Legal history.

6.      Herbertt Cowell : The History and constitution of courts and Legislation Authorities in India.

7.      SirCourtencyIllbert   : The Government of India

8.      Gowyer and Appadurai: Speeches and Documents on the Indian constitution.

9.      M.V.Pylee : Constitutional History of India (1600-1950)

 

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

 

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

BBL2E4 - LAW, POVERTY AND DEVELOPMENT (2021 Batch)

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

Course Objectives/Course Description

 

This course aims at a better understanding of “Law, poverty" and "development" both in national and international context. Poverty is one of the biggest challenges and obstructing the development of a society. After the wake of globalization, poverty results in physical, social and economic regression in third world countries.  A multi-disciplinary approach is adopted to understand the problems of poverty and development, while attempting legal solutions for them.

 

Unit 1 is designed to impart the students about the Socio-legal Perspective on Meaning, Scope of Poverty. While Unit 2 aims at educating the students all about the various international dimensions of poverty and the role of institutions in reduction of poverty. Unit 3 throws light on the working of the various policies, laws and programmes of government and their implementation. Unit 4 discusses the most contentious issue of the mechanism to secure access to justice for the poor. Unit 5 is designed to discuss the concept of Human Rights and their protection and various social problems and impact on the society and Unit 6 focuses on the concept of development and various international declarations on development and its significance.

COURSE OBJECTIVES:

1. The primary objective of this course is to introduce to the students the basic understanding on Law, Poverty and development.

2. To understand the basic legal issues of the socially, economically disadvantaged weaker sections of the society along with the examination of how the legal system deals with the issue of access to justice to the poor

3. To give an overview on beneficial schemes and welfare measures of the Government and its effective implementation for alleviation of poverty

 

4.  To demonstrate about the role of the international legal arrangement in dealing with the issue of poverty

 

Course Outcome

CO1: Student will be able to understand and explain the phenomena of poverty both in national and international context.

CO2: Explain the social welfare schemes and legislations on Food, Education, Health, Shelter/Housing, and Security in India.

CO3: Critically examine legal mechanism for the protection of fundamental rights and human rights in India.

CO4: Analyze the issues related to securing to justice for the poor.

CO 5: Evaluate the concept of development and various international declarations pertaining right to development

Unit-1
Teaching Hours:8
Introduction
 

Socio-legal Perspective on Meaning, Scope of Poverty.

 

Unit-2
Teaching Hours:11
International Dimensions, Principles and role of Institutions in reduction of poverty
 

United Nations Organisation- Mellenium Development Goals, Sustainable Development Goals, Poverty reduction initiatives of ILO and WTO.

Text Books And Reference Books:

  1. Lucy Williams (ed.), Law and Poverty, the Legal system and Poverty Reduction, London: Zed books, 2003.
  2.  M. Govinda rao (ed.), Development, Poverty, and Fiscal Policy decentralization of Institutions, New Delhi: Oxford, 2000.
  3. Radakrishnan, Ray, Oxford Handbook of Poverty in India, New York: Oxford University Press, 2005.
  4. Khaja Ajamuddin, Poverty in Urban area, Delhi: Adhyayana Publishers & Distributors, 2006
  5. Deepali pant joshi, poverty and sustainable development, Delhi: gyan publication, 2006.
  6. S. Muralidhar Law, Poverty and Legal Aid Access to Criminal Justice, New Delhi: Lexis Nexis Butter Worths, 2007.
  7.  Sadhna Arya, Anupama Roy Poverty Gender and Migration, New Delhi: Sage Publications, 2006.
  8. Deepa Narayan (Ed) Empowerment and Poverty Reduction: A Sourcebook, Jaipur: Yrawat, 2005.
  9. G.S Aurora, Poverty and Economic Reforms, New Delhi: Academic Foundation 2008.
  10. India: Land Policies For Growth And Poverty Reduction, New York: Oxford University Press, 2007.
  11. Amartya Sen, the Idea Of Justice, Belknap Press, 2009. 
  12. Baxi. U (Ed) Law and Poverty, - Critical Essays, Bombay, N.M. Tripathi.
  13. Dr.Myneni S.R., Law and Poverty, 2006, Second Edition, Allahabad Law Agency.
  14. Maj.Gen. Nilendra Kumar, Text Book on Law, Poverty and Development, 2014 Second Edition, Universal Law Publishsing Co.
Essential Reading / Recommended Reading

  1.  Poverty in Focus, United Nations Development Programme, International Poverty Centre, UNDP. December, 2006 
  1. The Relationship between Poverty, Conflict and Development (Journal of Sustainable Development, vol.2 No.1, March2009) Brian-Vincent IKEJIAKU, Research Institute for Law, Politics and Justice, Keele University, Keele, Staffordshire, ST5 5BG, UK 
  1. Human Rights and Duties in India : Law, Policy, Society and Enforcement Mechanism, Dr. T. S. N. Sastry, Professor and Coordinator, HRE Programme Department of Law, University of Pune

 

  1. Trade, Income Distribution and Poverty in Developing Countries: A Survey, Amelia U. Santos - Paulino,No. 207 July 2012, (UNCTAD Discussion Papers)
  1. Uncovering The Realities of Prostitutes and Their Children - A Cross National Comparative Study Between India and the U.S., Hena John-Fisk College of Social Work, The University of Utah, August 2013
  1. Human Rights and Poverty Reduction Rights and economic growth: Inevitable conflict or ‘common ground’? Andy McKay and Polly Vizard, March 2005 (www.odi.org.uk/rights) 
  1. Impact of Cultural and Religious Practices of Prostitution on the Trafficking of Women in India,  Arun Kumar Acharya, (www.redalyc.org)
  1. Constitutional and Legal Protection of the Right to Food around the World, Lidija Knuth and Margret Vidar (www.fao.org/rightofood)
  1. Ensuring Equality : Role of Legal Services Authorities,Dr. K.N. Chandrasekharan Pillai, Director, National Judicial Academy, Bhopal 
  1. Wizner, Stephen and Resnick, William, "Book Review: Cases and Materials on Law and Poverty" (1970). Yale Law School, Faculty Scholarship Series. Paper 1861. (http://digitalcommons.law.yale.edu/fss_papers/1861)
  1. Chronic Poverty in India: Overview Study, Aasha Kapur Mehta, Professor of Economics, Indian Institute of Public Administration, New Delhi and Amita Shah, Associate Professor, Gujarat Institute of Development Research, Ahmedabad
  1. Decent Work and Poverty Reduction Strategies - A reference manual for ILO staff and constituents, International, labour Office Geneva 2005 
  1. Displacement and Rehabilitation of People due to Developmental Projects (Parliament Library and Reference, Research, Documentation and Information Service, Reference Note. No.30/RN/Ref./December/2013)
  1. Decent Work and Poverty Reduction in the Global Economy.  (Paper submitted by the International Labour Office to the Second Session of the   Preparatory Committee for the Special Session of the General Assembly on the Implementation of the Outcome of the World Summit for Social Development and  Further Initiatives, April 2000)
  1. Good Governance Practices for the Protection of Human Rights, United Nations, New-York and Geneva, 2007 
  1. Human Rights and Development, Oxford University Press.
  1. Realising human rights for poor people, Department International Development(DFID)(Strategies for achieving the international development targets) 
  1. Poverty alleviation programmes in India: A social audit, C.A.K. Yesudian Tata Institute of Social Sciences, Mumbai, India,  July 10, 2007
  1. Conceptualisation, Measurement and Dimensional Aspects of Poverty In India, P.D. Joshi, Department of Statistics, India
  1. Acquisition of land for ‘development’ projects in India: The Road Ahead, Kelly A Dhru (Research Foundation for Governance: in India 3, Brahmin Mitra Mandal Society, Mangaldas Road, Ellisbridge, Ahmedabad, Gujarat, India)
  1. The Legal Services Authorities (Amendment) Act, 2002 ( 37 of 2002)
  1. Lok Adalat and Free legal Aid, Sanjeev Kumar (Nodal Officer Computer)/A.D.J./F.T.C. Allahabad 
  1. Article 21 of Constitution of India and Right to Livelihood, Neepa Jani, Visiting Faculty, Sir L.A. Shah Law College, and I. M. Nanavati Law College, Ahmedabad. Voice of Research Vol. 2 Issue 2,September 2013ISSN No. 2277- 7733
  1. Social Security Report by Prof. Arjunsen Gupta, 2004
  1. Definitions of poverty: Twelve clusters of meaning -PAUL SPICKER 
  1. Policy and Legal Reforms for the Poor in India, Articles: N.C.SAXENA, UNDP, New Delhi. 
  1. Policy Regimes, Growth and Poverty in India: Lessons of Government Failure and Entrepreneurial Success! Arvind Virmani October, 2005r                                                 
  1. Prostitution in India: Issues and Trends ,By K. Jaishanka rand Debarati Haldar
  1. Prostitution In India: Understanding the Conditions of Prostitutes, Pratik Goyal, March 6, 2011
  1. A Report on Trafficking in Women and Children in India, P.M. Nair IPS,(NHRC -UNIFEM - ISS Project, Vol.1)
  1. Impact of Cultural and Religious Practices of Prostitution on the Trafficking Women in India. Non-Profit Academic Project, developed under the Open Access Initiative (www.redalyc.org)
  2. Study of prostitution history and current effects in India, Adler, Polly
Evaluation Pattern

Scheme of valuation

CIA1 - Class Test/Assignment/Presentation.     - 10%

CIA2 - Mid Semester Examination.                   - 25%

CIA3 - Research Paper                                    - 10%

Attendance.                                                               - 05%

End Semester Examination.                                    - 50%

Total                                                                             100%

BBL2E5 - LAW AND MEDICINE (2021 Batch)

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

Course Objectives/Course Description

 

The objective of this course is to impart the students’ knowledge on law and medicine with special emphasis on the legal and ethical issues surrounding the administration of treatment of medical procedures in the backdrop of advancement of science and technology.  

Course Outcome

CO1: Explain the relationship between law and medicines

CO2: Analyze the existing national and international legal framework for law and medicines

CO3: Evaluate the regulations on traditional medicines and essential medicines etc.

CO4: Describe the existing policy of the government regarding medicine e.g. pricing of medicines, spurious drugs

CO5: Explain law and practice on clinical trial also upon some emerging areas e.g. orphan drugs, generic exclusivity etc.

Unit-1
Teaching Hours:14
Introduction
 

Medico- Legal Partnerships and the Social Determinants of Health 

Pharmaceutical Policies - Global Policy and Practices

Patient's Rights

Sources of law- Constitution, Law of Contract, Criminal Law, Labour Law, 

Medical Ethics

Hippocratic Oath

Unit-2
Teaching Hours:9
Informed Consent
 

Consent and Informed Consent, Exceptions to the consent requirement- Emergency doctrine, Extension doctrine, Therapeutic privilege

Informed consent and the medical student/junior resident;

Product liability for defective medicine – contractual liability, tortuous liability, liabilities 

Clinical trial

Text Books And Reference Books:

1.      SK Joshi, “Law and the practice of Medicine”,  Jaypee Brothers Medical Publishers, New Delhi, 2010

2.      Dr. Lily Srivastava, Law and Medicine, Universal Law Book Agency, New Delhi; 

3.      Malik, Surendra, and Sudeep, Supreme Court on Drugs, Medical Laws and Medical Negligence,Eastern Book Company, New Delhi. 2014;

4.      Nandita Adhikari, Law and Medicine, Central Law Publications, Allahabad, 4th Ed. 2015.

5.      Siddhartha Mukherjee, The Laws of Medicine, TED Books

6.      Emily Jackson, Law and the Regulation of Medicines, Hart Publishing House

7.      H.S. Harrison, The Law on Medicines: Volume 1 A Comprehensive Guide, MTP Press Ltd. Lancaster, England,

8.      England, Paul, Intellectual property in the life sciences: a global guide to rights and their applications,  Globe Law and Business,  London, 2011,

9.      Holger Hestermryer, Human Rights and the WTO: The Case of Patents and Access to Medicines, OXWORLD UNIVERSITY PRESS NEW YORK  2007;

10.  Abbott, Frederick M; Dukes, M. N. G. (Maurice Nelson Graham), Global pharmaceutical policy: ensuring medicines for tomorrow's world, Cheltenham, UK ; Northampton, MA : Edward Elgar, 2009;

Essential Reading / Recommended Reading

1.      S K Joshi, “Law and the practice of Medicine”,  Jaypee Brothers Medical Publishers, New Delhi, 2010

2.      Dr. Lily Srivastava, Law and Medicine, Universal Law Book Agency, New Delhi; 

3.      Malik, Surendra, & Sudeep, Supreme Court on Drugs, Medical Laws and Medical Negligence,Eastern Book Company,  New Delhi. 2014;

4.      Nandita Adhikari, Law & Medicine, Central Law Publications, Allahabad, 4th Ed. 2015.

5.      Siddhartha Mukherjee, The Laws of Medicine, TED Books

6.      Emily Jackson, Law and the Regulation of Medicines, Hart Publishing House

7.      Sheila A M Mclean, Contemporary issues in Law, Medicine and Ethics, Dartmouth Publishing Company Limited, Hampshire, 1996

8.      Jose Miola, Medical Ethics and Medical Law: A Symbiotic Relationship, Hart Publishing, Portland, 2007

 

9.      Sheila A M Mclean, Pioneering Healthcare Law, Routledge, London, 2016

 

10.  Yanin Joly and Bartha Maria Knoppers, Routledge Handbook of Medical Law and Ethics, Oxon, 2015

 

11.  Jon Merrills & Jonathan Fisher, Pharmacy Law and Practice, Elsevier, San Diego, 2013

 

12.  John Keown, The Law and Ethics of Medicine, Oxford, UK, 2012

 

13.  Eddy Ventose, Medical Patent Law- The Challenges of Medical Traetment, Edward Elgar, USA, 2011.

 

14.  Vivienne Harpwood, Negligence in Healthcare- Clinical Claims and Risk in Context, London, 2001

15.  Sarah Devaney, Stem Cell Research and Collaborative Regulation of Innovation, Rotledge, London, 2014.

 

16.  Sara Fovargue and Alexandra Mullock, The Legitimacy of Medical Treatment, Rotledge, London, 2016.

 

17.  Rohan Hardcastle, Law and the Human Body Property Rights, Ownership and Control, Hart Publishing, Oregon, 2007

 

18.  Emily Jackson, Medical Law Text, Cases and Materials, Oxford Publication, 2013.

 

19.  Andrew Grubb, Judith Laing, Jean McHale, Principles of Medical Law, Oxford Publication, 2010

 

 

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%

BBL321 - HUMAN RESOURCE MANAGEMENT (2020 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES: The subject aims at understanding the essence of human resource management, especially with reference to recruitment, training, etc. A special reference is made to address the ethical issues involved. In light of the above, Module 1 probes into the intriguing nature and scope of management of human resource and the various strategies surrounding the same. Module 2 attempts to examine the human resource planning issues and job analysis. Module 3 is designed to study the underlying philosophy behind recruitment process. Module 4 is an extension of the previous one in that it seeks to dwell on training and recruitment of the recruits. Module 5 seeks to deal with the finer aspects of monetary considerations. While Module 6 aims at studying the improvement of working conditions, Module 7 looks into the subtler issues of ethical issues.

Course Outcome

 

At the end of First Module, students will acquire the desired inputs for appreciating the nature, scope and essence

of management of human resource.

 

On studying second Module, students will be in a position to analyze the kernel of planning the human resources.

 

At the end of third Module, students will be in a position to comprehend the factors governing and influencing the

process of recruitment.

 

 

At the end of Fourth Module enables the students to appreciate the paramountcy of training and development of

employees as an imporatant tool of managing the human resource.

 

Study of fifthModule trains the students to deal with a very important aspect of monetary considerations for

human resources.

 

 

On conclusion of sixth Module, students will be in a position to underscore the relevance of proper working

conditions for an effective policy of managing the human resources.

 

 

The study of seventh Module enables the students to, among others, appreciate the human resource in

juxtaposition with ethical issues.

 

 

 

 

 

 

 

UNIT 1
Teaching Hours:8
NATURE AND SCOPE OF HUMAN RESOURCE MANAGEMENT
 

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

UNIT 2
Teaching Hours:8
HUMAN RESOURCES PLANNING
 

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

UNIT 3
Teaching Hours:8
RECRUITMENT, SELECTION AND INDUCTION
 

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

Text Books And Reference Books:

SUGGESTED READINGS 1. Aswathappa. Human Resources Management , McGraw-Hill, 2009. 2. Dessler, Gary. Human Resources Management , Pearson, 2009. 3. Phillips, Jack J. A c c o u n t a b i l i t y i n H u m a n R e s o u r c e M a n a g e m e n t , Gulf Professional Publishing, 1995. 4. Dubois, David D. and William J. Rothwell. C o m p e t e n c y - B a s e d H u m a n Resource Management . New York: Davies-Black Publishing, 2004. 5. Armstrong, Michael. Armstrong?s E s s e n t i a l H u m a n R e s o u r c e M a n a g e m e n t Practice: A Guide to People Management . 12th ed. New Delhi: Kogan Page Publishers, 2010. 6. Tom Redman, Adrian Wilkinson. C o n t e m p o r a r y H u m a n R e s o u r c e Management: Text and Cases . 2nd ed. New York: Prentice Hall, 2005. 5. Pinnington, Ashly. Human Resource Management: Ethics and Employment . USA: Oxford University Press, 2007. 6. Deery, Stephen and Nick Kinnie. C a l l C e n t r e s a n d H u m a n R e s o u r c e Management . New York: Palgrave Macmillan, 2004. 7. Shaun Tyson. Essentials of Human Resource Management . 5Th ed. London: Buttorworth-Heinmann Elsevier, 2006. 8. DeCenzo, David A., Stephen P. Robbins. Fundamentals of Human Resource Management . 10th ed. New York: Wiley Publication, 2009.

Essential Reading / Recommended Reading

SUGGESTED READINGS 1. Aswathappa. Human Resources Management , McGraw-Hill, 2009. 2. Dessler, Gary. Human Resources Management , Pearson, 2009. 3. Phillips, Jack J. A c c o u n t a b i l i t y i n H u m a n R e s o u r c e M a n a g e m e n t , Gulf Professional Publishing, 1995. 4. Dubois, David D. and William J. Rothwell. C o m p e t e n c y - B a s e d H u m a n Resource Management . New York: Davies-Black Publishing, 2004. 5. Armstrong, Michael. Armstrong?s E s s e n t i a l H u m a n R e s o u r c e M a n a g e m e n t Practice: A Guide to People Management . 12th ed. New Delhi: Kogan Page Publishers, 2010. 6. Tom Redman, Adrian Wilkinson. C o n t e m p o r a r y H u m a n R e s o u r c e Management: Text and Cases . 2nd ed. New York: Prentice Hall, 2005. 5. Pinnington, Ashly. Human Resource Management: Ethics and Employment . USA: Oxford University Press, 2007. 6. Deery, Stephen and Nick Kinnie. C a l l C e n t r e s a n d H u m a n R e s o u r c e Management . New York: Palgrave Macmillan, 2004. 7. Shaun Tyson. Essentials of Human Resource Management . 5Th ed. London: Buttorworth-Heinmann Elsevier, 2006. 8. DeCenzo, David A., Stephen P. Robbins. Fundamentals of Human Resource Management . 10th ed. New York: Wiley Publication, 2009

Evaluation Pattern

As per the university guidelines

BBL327 - FOUNDATIONAL KANNADA (2020 Batch)

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

Course Objectives/Course Description

 

This Course is taught for BBA/LLB Kannada unknowing students. The students are trained to converse in Kannada for their day- to –day life. It helps them to acquire language skills in both written and spoken forms.  It also helps to understand local culture and tradition.

Course Outcome

CO1: Able to recognize and learn the Kannada alphabets.

CO2: Capable to understand the different phones in Kannada language

CO3: Enable to compose the sentences of their own.

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

Unit-1
Teaching Hours:6
Alphabets-1
 

1.     Kannada Varnamale- Swargalu, Sandhyakshara, Anuswara & Visarga                    

2.     Vargeeya Vyanjana, Anunasikagalu                                                                      

3.     Avargeeya Vyanjana, Ottakshargalu                                                                    

Unit-2
Teaching Hours:10
Alphabets-2
 

1.     Kagunitha                                                                                                             

2.     Parts of Speech: Noun, Prounaoun, Verb, Conjunction, Interjection,

 Exclamatory,                                                                                                       

3.     Linga, Vachana, Vibhakti Pratyagalu                                                                   

Text Books And Reference Books:

1. Muddu Kannada: R.L. Anantha Ramiah

2. Kannada Kali Nali: N.S. Lakshminarayanabhatta

3. Maggi Pustaka

4. Kannada Varna Male- Charts

Essential Reading / Recommended Reading
  1. Muddu Kannada: R.L. Anantha Ramiah
  2. Kannada Kali Nali: N.S. Lakshminarayanabhatta
  3. Maggi Pustaka
  4. Kannada Varnamale- Charts
Evaluation Pattern

CIA 1 : Written test  to test their writing ability

CIA 2:  Mid Semester Exams

CIA 3: Oral test  to test their speaking ability

End Semester Exams

 

 

 

 

 

BBL342 - INSTITUTIONAL ECONOMICS (2020 Batch)

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

Course Objectives/Course Description

 

This course is designed to introduce the field of institutional economics and behavioral economics, with a focus on the basic theories and contemporary issues of the world (unit 1 & 2). The issues on which this course specifically emphasis are information asymmetry (unit 3), externalities (unit 4), and transaction costs (unit 4). It also focuses on how institutions shape economic

agents' incentives and how this influences economic outcomes in various contexts (unit 5). Throughout the course, law students will learn to solve the economic problem with the help of formal and informal institutions like laws, Acts, rules and regulations.

This course aims to introduce the salient features of Institutional Economics and its analytical tools that could be applied to study various legal issues in the public and private sectors. It also aims to familiarize the student with the role of Institutions and how these have proven important for economic and social development. Also, to make student learn the economic approach of analyzing the importance and significance of institutions for resolving socio-economic issues.

Course Outcome

AAt the end of the course, students will be able to:

 

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

 

Give solutions about the problems of asymmetric information

 

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

 

To analyze the role of institutions, in achieving economic growth and development.

To design the solutions for the economy to reduce transaction costs in the economy.

Unit-1
Teaching Hours:12
BASIC INTRODUCTION TO INSTITUTIONAL ECONOMICS
 

A.    Types of Institutions: formal and informal

B.     Brief history of Marxian Economics

C.     Development of Old & New Institutional Economics,

D.    Core issues in New Institutional Economics

Unit-2
Teaching Hours:13
FOUNDATIONS OF BEHAVIROL ECONOMICS.
 

AA.    Meaning, History and Evolution of Behavioral Economics

B.     Standard Economic Model and its shortcoming

C.     Behavioral Models of Decision Making: prospect theory, Mental accounting

D.    Dual System Theory, Nudge Theory

E.     Irrational Decision Making

Unit-3
Teaching Hours:13
PROBLEMS OF INFORMATION ASYMMETRY
 

A.    What is 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.     Solutions to The problem of Information Asymmetry

Text Books And Reference Books:

1.      Institutions & Economic Theory by Furubotn & Rudolf.

2.      New Institutional Economics by Peter G Klein.

3.      Microeconomics- by Pindyck & Rubenfled.

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

5.      Economics for Managers-by Mankiw

6.      Managerial Economics- by Mark Hirschey

7.      Parkin, Michael - Macroeconomics, 7th Edition (2004)- PrenticeHall.

8.      Miller, R.L. – Economics Today -14th Edition (2005) - AddisonWesley.

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

 

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

BBL364 - LAW OF CONTRACT - I (2020 Batch)

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

Course Objectives/Course Description

 

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

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

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

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%

BBL365 - FAMILY LAW - I (2020 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION: India being a secular country with diverse religions protects the individual freedom to profess a religion as constitutional guarantee. Indian community comprises of different religions such as Hinduism, Islam, and Christianity etc. In personal matters every Indian is governed by his personal law. There is nothing like uniform law in personal matters for example, marriage, divorce, adoption, succession etc. these matters are governed by the personal law of the parties and may vary according to their tribe caste etc.
Under this subject the students will; be studying the salient features of the all personal laws in India evidenced in the uncodified and codified laws. Family Law I comprises of Nature of personal Laws, Marriage and Matrimonial Remedies, Maintenance and the dispute resolution mechanism. Hence the first part deals with matrimonial issues and nature of personal laws.

COURSE OBJECTIVES: To provide the basic understanding of personal laws relating to family matters
 To enable students to identify relevant legislations and case laws relating to family law
 This course aims to explore critical principles relating to contemporary issues and nurture within the students the ability to draft on family law matters.

Course Outcome

1: ? Students should be able to identify and describe the various sources and schools of different personal laws.

2: ? Students should be able to understand the core concepts in laws relating to marriage and divorce

3: ? Students should be able to examine and analyze the legal provisions and understand their application with the help of case laws.

4: ? Students will be able to identify research areas, frame research questions and utilize the available on-line data basis.

Unit-1
Teaching Hours:10
NATURE AND SCOPE OF PERSONAL LAWS
 

1.1 Sources of Hindu Law
1.2 Sources of Muslim Law
1.3 Sources of Christian, Parsi law

Unit-2
Teaching Hours:10
MARRIAGE UNDER HINDU LAW
 

2.1Marriage under Hindu Marriage Act, 1955 with Amendment Act 1976
2.2 Capacity to marry
2.3 Conditions and Ceremonies of marriage
2.4 Prohibition on Child Marriage under The Child Marriage Restraint Act 1929,
Present position- New Law.

Text Books And Reference Books:

1. Diwan, Paras (Dr). Dr. Paras Diwan on Hindu Law, 2 nd Ed. New Delhi: Orient Publishing Co. 2006.
2. Diwan, Paras (Dr). Law of Marriage & Divorce, 5 th Ed. Delhi: Universal Law Publishing Co, 2008.
3. Diwan, Paras (Dr). Law of Intestate and Testamentary Succession. 3 rd ed. New Delhi: Universal Law Publishing, 2006.
4. Mulla. Hindu Law, 20 th ed. New Delhi: LexisNexis Buttorworths, 2007.
5. Kusum. Cases and Materials on Family Law. New Delhi: Universal Law Publishing Co., 2007.
6. Hidayatullah, M., and Arshad Hidayatullah. Mulla’s Principles of Mohamedan Law, 19 th ed. New Delhi: LexisNexis Butterworths, 2006.
7. Chmpappilly, Sebastian (Dr). Marriage, Adoption and Guardianship and Canon Law on Marriage, Cochin: Southern Law Publishers.
8. Champappilly Sebastian (Dr). Christian Law of Divorce. Cochin: Southern Law Publishers, 2007.
9. Syed Khalid Rashid, Muslim law (Eastern Book Co, Lucknow, 2009)
10. Bakshi P. M. Law of Succession, 6 th Edition, 1997.
11. Paruck. The Indian Succession Act, 9 th ed. New Delhi: LexisNexis Buttorworths, 1995.

12. Law relating to Family Courts, Justice P S Narayana, 2013 Edition, Universal Law Pubication, New Delhi, India

Essential Reading / Recommended Reading

1. Narendra Subramanian, “Making Family and Nation: Hindu Marriage Law in Early Postcolonial India” The Journal of Asian Studies Vol. 69, No. 3 (AUGUST 2010), pp. 771-798 available at http://www.jstor.org /stable/40929192
2. Asaf A. A. Fyzee, Muhammadan Law in India, Comparative Studies in Society and History, Vol. 5, No. 4 (Jul., 1963), pp. 401-415. http://www.jstor.org/action.
3. Narendra Subramanian , Legal Change and Gender Inequality: Changes in Muslim Family Law in India: Law & Social Inquiry, Vol. 33, No. 3 (Summer, 2008), pp. 631-672
4. Edwin Eames, “Hindu Cousin Marriages”American Anthropologist New Series, Vol. 68,No. 3 (Jun., 1966),pp. 757-758available athttp://www.jstor.org/stable/670006
5. Indian Christian marriage Act- Areview, available athttp://www.manupatrafast.inEnabling Justice toChristian Women inIndia – the issue ofdivorce available athttp://www.manupatrafast.in
6. Nanda ChiranjeeviRao, MarriageagreementunderMuslim Law: AWeapon in Thehands of Muslimwomen, Journal ofIndian Law Institute,Page 94 to 103 vol.55,
issue 01, Jan-March 2013.
7. Dr.NandaChiranjeeviRao,Presumption of Marriage under Muslim Law, Indian bar review, page 119 to 133, Vol. 39, issue 04, Oct- Dec, 2012.
8. RaginiSahay ,Association, Dowry and Dower in Muslim Marriage : A study among Muslim Telis of Delhi Indian Anthropologist, Vol. 26, No. 1 (June, 1996), pp. 47 http://www.jstor.org/stable/41919792
9. M. AfzalWani, Muslim Women’s Rights to Mahr: An Appraisal of statutory Laws in Muslim Countries, Journal of Indian Law Institute, Page 387 to 409 vol. 43, issue 03, July – September 2001.
10. Saleem Akhtar &Mohd Wasim Ali, Repudiation of Marital Tie at the instance of Muslim wife: Misgiving and Clarification, Journal of Indian Law Institute, Page 471 to 483 Vol. 45, issue 03 & 04, July- Dec, 2003.
11. Furqan Ahmad, Understanding the Islamic Law of Divorce, Journal of Indian Law Institute, Page 484 to 508 vol. 45, issue 03 & 04, July- Dec, 2003.
12. Nawaz B. Modythe Press in India: The Shah Bano Judgment and Its Aftermath,Asian Survey, Vol. 27, No. 8 (Aug., 1987), pp. 935-953.
13. Ashok V. Chowgule ,Triple Talaq,Economic and Political Weekly, Vol. 29, No. 26 (Jun. 25, 1994), p. 1554 http://www.jstor.org/

Evaluation Pattern

SCHEME OF VALUATION
 CIA I – Class Test / Assignment / Presentation – 10%
 CIA II – Mid Semester Examination – 25%
 CIA III – Research Topic – 10%
 Attendance – 05%
 End Semester Examination – 50%
TOTAL 100%

BBL383 - PHILOSOPHY OF LAW (2020 Batch)

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

Course Objectives/Course Description

 

This course 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 assumption

CO5: Apply abstract philosophical argument to real problems and contexts

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

Unit-1
Teaching Hours:10
INTRODUCTION
 

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

Unit-2
Teaching Hours:10
NATURAL LAW
 

Nietzsche’s On the Genealogy of Morality

Classical Natural Law: Sophists and Stoics, Plato and Aristotle, St. Thomas Aquinas.

Natural Law in Political Philosophy: Hobbes, Locke and Rousseau.

Revival of Natural Law Theory: Finnis and Fuller.

Hart v. Fuller Debate

Hart v. Devlin Debate

Unit-3
Teaching Hours:10
POSITIVISM
 

Classical Legal Positivism: Bentham and Austin

Modern Legal Positivism: Hart, Kelsen and Raz

Hart v. Dworkin Debate

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%

BBL3E1 - FOREST LAWS (2020 Batch)

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

Course Objectives/Course Description

 

Course Description

 Forest laws is the subcategory of environmental law, Forest Laws relates to all statutes and regulations and the international conventions that deal with the preservation of forests and parks, reforestation activities to ensure the sustainability of the nation's lands, and the prevention of illegal logging activities Unit 1 is designed to provide the historical perspective of forest protection in India. Unit 2 provides discussion of the various National Policies for the protection of forest and its implementation. Unit 3 deals with The Indian Forest Act, 1927 in detail. Unit 4 deals with the Forest (Conservation) Act, 1980 and the lacunas of the legislation. Unit 5 discusses about the tribals rights which are conferred under various legislations. Unit 6 talks about the international conventions on protection of forest.

Course Outcome

On completion of the course, students will be able:

  • To identify the basic principles governing forest protection in India.
  • To determine the remedies under the exisiting legal framework on forest rights and indigenous communities.
  • To critically analyse the exisiting laws and judgments on forest laws.
  • To employ research skills such as collecting relevant data from legal databases and judicial reasoning employed by courts in rendering justice.

Unit-1
Teaching Hours:10
HISTORY OF FOREST PROTECTION IN INDIA
 

Historical Perspective of forest Protection Laws, 4 phases Ancient Era, Medieval Era, British Era:-The Indian Forests Act, 1865, 2Forest Act ,1878, Indian Forest Act,1925, Post-Independence Era, Constitutional Provisions,Article-48A&51A(g),Forest (Conservation)Act,1980.

Unit-2
Teaching Hours:10
NATIONAL POLICIES ON FOREST PROTECTION IN INDIA
 

Forest Policy,1894, National forest policy 1952, National forest policy 1988, National Forest Policy, 2016, Historical Background of Forest Policies, Aims of the Forest Policy, Organization of the Forest Sector in India, Failure of the Forest Policy,195, National Forest Policy of 1988.

Text Books And Reference Books:

1.      Armin Rosencranz & Shyam Divan, Environmental Law and Policy in India: Cases, Materials and Statutes,edition, OUP, New Delhi, 2002.

2.      P Leelakrishnan, Environmental Law Case Book,Second edition, LexisNexis, New Delhi, 2006.

3.      S. Shanthakumar, Introduction to Environmental Law, II Edition, Wadhwa and Compay, 2014

      4.      S C Tripathi, Environment Law, Central Law Publications, Allahabad, 2013.

Essential Reading / Recommended Reading

Books:

Sanjay Upadhyay,  Forest Laws, Wildlife Laws and the Environment.

·         K Siva Ramakrishnan, Modern Forests- State making And Environmental Change In Colonial Eastern India.

·         John A Gray, Forest Concession Policies and Revenue Systems: Country Experience and Policy Changes for Sustainable Topical Forestry.

B B Chaudhuri ,Tribes, Forest and Social Formation in Indian History

Articles:

·       Syed Ajmal Pasha, Livelihoods, Conservation and Forest Rights Act in a National Park, Economic and Political Weekly, October 14,2017, Page:65.

·       J.S. Singh and  S.P.S. Kushwaha, Forest biodiversity and its conservation in India, The International Forestry Review, Vol. 10, No. 2, (2008), pp. 292-304.

·         Vinod Kumar Bahuguna, Vinay Luthra,Collective Forest Management in India, Ambio, Vol. 23, No. 4/5 (Jul., 1994), pp. 269-273.

·       Debnarayan Sarker ,Joint Forest Management: Critical Issues, Economic and Political Weekly, Vol. 44, No. 4 (Jan. 24 - 30, 2009), pp. 15-17.

·    K. K. Kaushal and  V. K. Melkani ,India: achieving the Millennium Development Goals through non-timber forest products, The International Forestry Review, Vol. 7, No. 2 (June 2005), pp. 128-134.

·         R. A. Sharma, Participatory Forest Management in India, Ambio, Vol. 24, No. 2 (Mar., 1995), pp. 131-133.

·      Shailesh R. Shukla and  A. John Sinclair, Strategies for Self-organization: Learning from a Village-level Community-based Conservation Initiative in India, Human Ecology, Vol. 38, No. 2 (APRIL 2010), pp. 205-215.

 

·     D. M. Bhat, K. S. Murali and  N. H. Ravindranath, Formation and Recovery of Secondary Forests in India: A Particular Reference To Western Ghats In South India, Journal of Tropical Forest Science, Vol. 13, No. 4.

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%

BBL3E2 - WOMEN AND LAW (2020 Batch)

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

Course Objectives/Course Description

 

Course Description:

India is a country with diverse cultures. Irrespective of this fact, the plight of women has remained the same for all cultures and communities in India. Women have suffered subjugation and exploitation for ages and at all levels. The spread of education and technology has not been able to resolve women’s issues; instead, the nature of issues relating to women, have further complicated and crimes aggravated. In the light of this, the course aims at making students learn about the laws relating to women, how women are being empowered through the instrument of law, and what are the lacunae are to be discussed and dealt with, etc. The syllabus will comprise about 60 classes of one hour duration.

Unit I deals with Women in Colonial India

Unit II deals with Woman's Right and Acess to Justice

Unit III deals with Special Laws on Welfare of Woman

Unit IV deals with Woman's Rights

Unit V deals with Women and Property

Course Objectives:

The objectives of the course are to:

1) Make the students understand the position of women in India.

2) Help the students analyze the issues surrounding the rights of women in India and the laws that govern their rights.

3) Help the students analyze the history behind the patriarchal society in India and the eventual impact of such a social structure.

4) Make the students understand the meaning and extent of gender-based discrimination and violence against women and how it plays a key role in the law-making process.

Course Outcome

At the end of the course, students will be able to -
1. Identify the major social reforms during the 19th century in India for uplifting women.
2. List out the loopholes in law enforcement agencies in securing access to justice for women.
3. Apply the different legislations enacted for women's development and empowerment.
4. Analyse the issues related to violence against women under the Protection of Women from Domestic Violence Act, 2005.
5. Evaluate as against other the impact of specific laws enacted to secure justice to women against dowry-related harassments, dowry deaths, molestation, sexual abuse, and rape.
6. Propose a solution to the various issues related to women’s claims to land.

Unit-1
Teaching Hours:8
WOMEN IN COLLONIAL INDIA
 

Position of Indian Women in British India
– Social Reforms during the 19th century India for the upliftment of women.

Unit-2
Teaching Hours:10
WOMEN'S RIGHT: ACCESS TO JUSTICE
 

Introduction, Criminal Law – Crime Against Women – Domestic Violence – Dowry

Related Harassment and Dowry Deaths – Molestation – Sexual Abuse and Rape –

Loopholes in Practice – Law Enforcement Agency.

Text Books And Reference Books:

      

·         Nair, Janaki. Women and Law in Colonial India: A Social History, Kali for Women in collaboration with NLSIU Bangalore, 1996.

·         Verma, Jagmohan Singh. Gender Justice in India, Spellbound Publications Pvt Limited, 1999.

·         Mill, John Stuart. The Subjection of Women, Hayes Barton Press, 1997.

·         Rao, Nitya. Good Women do not Inherit Land Social, Science Press and Orient Blackswan 2008.

·         International Solidarity Network.  Knowing Our Rights, An imprint of Kali for Women 2006.

·         Kaushik, P.D. Women Rights, Bookwell Publication 2007.


Essential Reading / Recommended Reading

SUGGESTED READINGS     

 

·         Goel, Aruna. Violence Protective Measures for Women Development and Empowerment, Deep and Deep Publications Pvt 2004.

·         Chawla, Monica. Gender Justice, Deep and Deep Publications Pvt Ltd.2006.

·         Mishra, Preeti. Domestic Violence Against Women, Deep and Deep Publications Pvt 2007.

·         ClairM.Renzetti, Jeffrey L.Edleson, Raquel Kennedy Bergen, Source Book on Violence Against Women, Sage Publications 2001. 

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%

 

 

BBL3E3 - FOOD LAW AND POLICY (2020 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:04

Course Objectives/Course Description

 

COURSE DESCRIPTION: 

The course covers the laws and policies concerning the socio-economic dynamic and requirements of food distribution, as well as the standards of distribution, manufacture and sale of food products in India. The course is divided into two parts – food security and food safety. 

The first part of the course relates to food security. It explores the socio-economic conditions influencing food policies in India, and the Constitutional and Judicial assertions towards the access to food. In this regard, the units explore the relevant provisions of the National Food Security Act, 2013 and the various policies of equitable food distribution. The units also look at the public action and global food security obligations influencing national food security regulations and policies.

The second part of the course surveys the laws and regulations relating to food safety and standards in India. The units particularly explore the provisions of the Food Safety and Standards Act, 2006 relating to general standards of safety, description, labeling, presentation and advertising. 

COURSE OBJECTIVES

This course provides students with the opportunity to survey the political, social, economic and historical events that have shaped the development of food laws and regulations in India. It provides an overview of the basic food laws on food security and the equitable distribution of food as well as the health, safety, and agency responsibility towards basic standards, labeling and additives, and responsibilities and liabilities contained in various silos of the food industry.

Course Outcome

CO1: explain how socio-economic dynamics influence policies of food security and food distribution

CO2: explain how specific topics in the food domain are regulated, especially relating to food safety and quality standards, food marketing and labeling or consumer protection and information

CO3: find and use the relevant databases and information sources

CO4: refer to law accurately, and deploy legal reasoning to reach conclusions

Unit-1
Teaching Hours:11
1. FOOD SECURITY, POVERTY AND THE RIGHT TO WORK
 

Definition of Poverty; Right to Safe food;Art. 21 of Indian Constitution; Judicial activism on the right to food;Farmers’ suicide;Landless agricultural labourers and their migration to cities; Gender bias in nutrition;Food Corporation of India (FCI); Kalahandi Starvation Case;PUCL v Union of India; Employment Guarantee; Employment as a Constitutional Right; Mahatma Gandhi National Rural Employment Guarantee Act, 2005

Unit-2
Teaching Hours:6
2. NATIONAL FOOD SECURITY ACT, 2013
 

Provisions for food security; Food security allowance; Identification of eligible households; Women empowerment; Obligations of the Central and State governments for food security; Transparency and Accountability; Provisions for advancing food security

Text Books And Reference Books:

1. Dreze, Jean, Sen, Amartya and Hussain, Athar (1999). The Political Economy of Hunger, New Delhi: Oxford University Press.

2. Dreze, Jean and Sen, Amartya (1989). Hunger and Public Action, Oxford: Oxford University Press.  

3. Khera, Reetika (Ed) ((2011). The Battle for Employment Guarantee, New Delhi: Oxford University Press. 

4. Ashton, D.N. (1986). Unemployment under Capitalism, Sussex, Harvester Press Publishing Group. 

5. Bhatt, M.S. (2004). Poverty and Food Security in India: Problems and Policies, New Delhi, Aakar Books. 

6. Currie, Bob, (2000). The Politics of Hunger in India: A Study of Democracy, Governance and Kalahandi's Poverty, Palgrave Macmillan.

Essential Reading / Recommended Reading

1. Bhatnagar, J.P., (2011) A Treatise on Food Laws in India, Sixth Edition, Ashoka Law House, New Delhi

2. Saxena, N. C. (Dr.), Right to food : Supreme Court orders, NHRC reports, orders of high courts, commissioner's reports; Socio-Legal Information Centre (New Delhi, India); Human Rights Law Network (New Delhi, India).

3. Venkateswara Rao Yetukuri, Commentary on Food Safety and Standards Act,2006’ Asia Law House., 1st Edition,2010-11

4. Karapinar, Baris; Haberli, Christian, Food crisis and the WTO; World Trade Forum.

Evaluation Pattern

EVALUATION

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

CIA II – Mid Semester Examination  – 25% 

 CIA III – Research Topic – 10% 

 Attendance  – 05% 

End Semester Examination – 50% 

 

Total – 100% 

BBL3E4 - CRITICAL THINKING, READING AND WRITING IN LAW (2020 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION:

To develop the critical thinking, reading and writing skills in law, the Course covers the fundamental concepts relating to legal and logical reasoning. The Course enables the student to identify the claim statement, the underlying reason provided for an argument and question the validity of the same. The Course is also enabling the students to draft arguments and present them using appropriate methods. This nurture the students to create arguments of their own, by considering the facts and evidences in critical manner by eliminating the fallacies. 

COURSE OBJECTIVES: 

The course is designed to develop critical thinking, reading and writing skills with respect to legal studies in a systematic and scientific manner among students

 

 

 

Course Outcome

CO1: Understand the fundamental concepts related to critical thinking

CO2: Develop the ability to apply the fundamental concepts of critical thinking in the understanding and argumentation.

CO3: Acquire the skills for evaluating statements and arguments based on facts and evidence without fallacies.

CO4: Develop the skills to understand legal writing and its interpretation.

Unit-1
Teaching Hours:15
FUNDAMENTAL CONCEPTS
 

Propositions and arguments, premises, principles, doctrines and legal maxims as premises, inference, conclusion, premise and conclusion indicators, validity and truth, emotive language, neutral language and disputes, ambiguity, the use of definitions and interpretation clauses, structure of definitions, inclusive and exhaustive definitions, ejusdem generis

Unit-2
Teaching Hours:15
CRITICAL THINKING AND READING
 

Critical thinking, critical reading, understanding arguments, images as arguments, reading judgements of given cases, reading research articles, reading Law Commission reports, identification of claim statement, arguments, counter arguments, warrant and the theoretical background in research papers, questioning validity of issues raised, arguments made and inferences drawn

Text Books And Reference Books:

 

·      ·       Sylvan Barnet and Hugo Bedau, Critical Thinking, Reading and Writing, A brief guide to Argument (2014)

·       Walter Sinnot Armstrong and Robert Fogelin, Understanding Arguments, An introduction to informal logic (2015)

·       M. Neil Browne and Stuart M Keeley, Asking the Right Questions, A guide to Critical Thinking, 11th Ed. Pearson (2015)

·       Lloyd L Weinreb, Legal Reason, The use of analogy in legal argument

·       Calrence Morris, How Lawyers Think (1994)

 

Essential Reading / Recommended Reading

·       Edward H.Levi, An Introduction to Legal Reasoning (1949)

·       Irving M Copi, Carl Cohen and Kenneth McMahon, Introduction to Logic 14th Ed. Pearson (2016)

·       Sartor, Giovanni "A Teleological Approach to LegalDialogues." Law, Rights and Discourse: The Legal Philosophy of Robert Alexy, Ed. George Pavlakos. London: Hart Publishing, 2007. 249–274. Bloomsbury Collections, <http:// dx.doi.org/10.5040/9781472563989.ch-012>

·       Ronald Dworkin, Taking Rights Seriously

·       Robert Alexy,  A Theory of Legal Argumentation (1978)

·       Richard A. Posner, The Problems of Jurisprudence (1990)

Evaluation Pattern

 

·       CIA I – Test on the concepts                                                          – 10%     

·       CIA II – Assignments based on problem solving methods/Argumentative Skill/Critical Analysis of Case Law or Legislation      – 25%

·       CIA III – Assignment and Sessional Activity Record               – 10%

·       Attendance                                                                                        – 05%

·       End semester – Written exam 30 marks and viva 20 marks      - 50%

                                                                       TOTAL 100%

BBL3E5 - FINANCIAL MANAGEMENT (2020 Batch)

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

Course Objectives/Course Description

 

This course 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.

Course Outcome

  • To familiarize students with the basics and scope of financial management.
  • Employ alternative mechanisms for raising capital at different points in the firm’s growth cycle
  • Understand the process and methods of evaluating a long term project using capital budgeting techniques and appreciate the risks and benefits involved
  • Appreciate the recent advances in corporate finance and their relevance for cost of capital and raising capital.

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

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%

BBL421 - MARKETING MANAGEMENT (2020 Batch)

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

Course Objectives/Course Description

 

·      Course Description:  

    The course examines managerial issues surrounding Marketing Management.

It involves students in specific learning exercises that simulate ‘real world’ activities that marketing managers partake in on a regular basis

 

 To Course Objectives

 TO  understand the basic  concepts of marketing management

 

·       To learn relevant functional areas of marketing management and its application for different types of products and services

·       To understand the tools used by marketing managers in decision situations and in resolving marketing problems.

·       To understand the relationship and impact of product and service decisions with those on pricing, distribution and promotion.

 

·

 

Course Outcome

·      1. Students will demonstrate strong conceptual knowledge in the concepts of marketing management.

·       2. Students will examine the relevant functional areas of marketing management and its application.

·       3. Students will be able to analytically identify and analyse the problems pertaining to marketing management.

4. Students will be able to integrate and evaluate product and service decisions with those on pricing, distribution and promotion - and why this is necessary.

Unit-1
Teaching Hours:6
Introduction to Marketing.
 

The Marketing process- Understanding Market place and Customer needs. Designing a customer driven marketing Strategy, Capturing Value from Customers The changing Marketing Landscape.

Unit-2
Teaching Hours:8
Company and marketing Strategy
 

Companywide Strategic Planning- BCG Matrix- Partnering to build Customer relationship. Marketing Mix. Managing the marketing Effort

Unit-3
Teaching Hours:10
Marketing Environment
 

Micro Environment, Macro Environment,

Demographic – Economic- Natural,

Technological Political and Social Environment

Text Books And Reference Books:

Kotler, Philip and Gary, Armstrong.(2012). Principles of marketing, Pearson publication

Evans,  R.  and Berman,Barry. (2012).Marketing in 21stcentury,Oxford publication.

W. D. Perreault, Jr., J.P Cannon, and E. J. McCarthy (2009). Basic Marketing: A Marketing Strategy and Planning Approach, 17th ed., Irwin/McGraw Hill.

Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future. Journal of Marketing, 33 (2), 189196.

Tong, H., & Taylor, R. J. (2008). Marketing lessons that will help shape the future.

Essential Reading / Recommended Reading

Kotler, Keller,Koshy,Jha(2014). Marketing Management, 13th Edition,  Pearson publication

Evaluation Pattern

CIA 1  Individual Assignment   10%

CIA 2   Mid term Test  25%

CIA 3    Group Presentation10%

Attendance 5%

End Semester 50% 

BBL442 - LAW AND ECONOMICS (2020 Batch)

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

Course Objectives/Course Description

 

Economic policies and criteria have always been the citadel on which the edifice of law is built. The objectives of the course are multidimensional, viz, to introduce the students to the foundation 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 examine public policies for dealing with problems arising in markets where competitive forces are weak.

 

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

Course Outcome

CO1: Apply the tools of Economics with the aim of enhancing their analytical skills and help them to assess the desirability of laws/rules/regulations. (SDG 12, skill development)

CO2: Analyze the role of Economics within the legal framework in achieving the larger goal of human well being

CO3: Evaluate and assess the importance of economic analysis in policy making and advisory functions and serve as a subject matter expert on various forums. (SDG 8, employability)

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

Introduction to Law and Economics, The nature of economic reasoning, The economic approach Ex Post vs Ex ante reasoning,  efficiency vs equity debate, allocative efficiency, The Theory of Second Best, Pareto Optimality and Superiority, Kaldor Hicks Efficiency

 

Unit-2
Teaching Hours:10
THE ECONOMICS OF ANTITRUST
 

The competitive extremes of Perfect Competition and Monopoly, The Monopolist’s price and output, Efficiency consequences of Monopoly, Market Power, The Lerner’s Index, The determinants of Market Power, Market definition and Cross-Elasticity, Geographic markets, Supply elasticity, Us Vs Alcoa, US vs Microsoft

Unit-3
Teaching Hours:10
ECONOMICS OF GOVERNMENT REGULATION
 

The Natural Monopoly Rationale- the theory of natural monopoly, Agency regulation, contestable markets, excessive competition, reactions to transaction costs and externalities, social justice regulations, regulation and happiness.

Text Books And Reference Books:

 

  1. Posner, Richard A. Economic Analysis of Law7thed., New York: Wolters Law & Business, Aspen Publishers, 2007.
  2. Cooter, Robert, and Thomas Ulen. Law & Economics6thed. Delhi: First Indian Reprint, Eastern Book Company, 2004.
  3. Polinsky, Mitchell A. An Introduction to Law and Economics3rded, Aspen Publishers, 2003.
  4. Shavell, Steven. Economic Analysis of Law, Foundation Press,2004
  5. Veljanovski, Cento. Economic Principles of Law, Cambridge University Press, 2007.
  6. Jeffrey L Harrison. Law and Economics in a Nutshell, West, 2011
Essential Reading / Recommended Reading

1.     Law or Economics? , George J Stigler

2.     The Problem of Social Cost, Ronald H Coase

3.     The Law and Economics Movement, Richard A Posner

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

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

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

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

8.     Monopoly in Law and Economics, Edward S Mason

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

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

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

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

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

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

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

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

Evaluation Pattern

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

·     CIA II – Mid Semester Examination                                 – 25% 

·     CIA III – Research Topic                                                     – 10% 

·     Attendance                                                                            – 05% 

·     End Semester Examination                                                – 50% 

 

                                                                                                TOTAL 100%

BBL463 - JURISPRUDENCE (2020 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION: Unit 1 provides a detailed understanding of concept of rights and its correlation with duty and freedom. The main objective of Unit 2is to deal with the concept of Person.Unit 3will give the students a better clarity of meaning and concept possession and ownership and Unit 4about property and title and Unit 5about liability. Unit 5deal with obligations and kinds of obligations along with substantive and procedural laws connected to it.

COURSE OBJECTIVES: Jurisprudence in its etymological sense means the science of law. It is the foundation on which the entire edifice of law is structured.  It is therefore imperative to have a clear understanding of jurisprudence as it is sine qua nonfor the study of any law subject. The subject acquaints the students with the complexities of laws and introduces them to the means of solving them based on sound jurisprudential principles. In spite of there being several schools of thought on this subject, there is a general convergence of the fundamental principles. The study of jurisprudence aids the lawyer in the analysis of legal concepts, sharpens his technique of logical thinking and aids in understanding the assumptions upon which a statute rests.  It transcends technical aspects and moves more in the realm of law as a tool for social engineering.  As J.G. Phillimore observes, “such is the exalted science of jurisprudence, the knowledge of which sends the students into civil life full of luminous precepts and notions, applicable to every exigency of human affairs.”  Jurisprudence may therefore be perceived as the grammar of law. 

 

As with any subject, it is imperative to understand the concepts involved and the inter-relation between the concepts themselves; which coupled with sound logic and good language go a long way in applying the knowledge of law to a given situation.  The study of various concepts functions as a road map for law students and lawyers alike in developing skills of good advocacy.

 

The core syllabus of this paper is confined to the various concepts of law. The study of concepts concretizes the study of jurisprudence and reduces its abstractness to a large extent.

Course Outcome

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

CO2: List out the essential characteristic of the concept

CO3: Apply the concept correctly to legal problems.

CO4: Analyse the legal concept.

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

CO6: Devise a correct way of handling the legal problem

Unit-1
Teaching Hours:12
LEGAL RIGHTS
 

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

Unit-2
Teaching Hours:12
PERSONS
 

Nature of personality; Status of the unborn, minor, lunatic, drunken and dead persons; Corporate personality; Dimensions of the modern legal personality: Legal personality of non-human beings 

Unit-3
Teaching Hours:10
POSSESSION AND OWNERSHIP
 

Possession: the Concept; Kinds of possession; Ownership: the Concept; Kinds of ownership; Difference between possession and ownership.

Text Books And Reference Books:

 

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

 

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

SCHEME OF VALUATION

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

·      CIA II – Mid Semester Examination                                 – 25% 

·     CIA III – Research Topic                                                     – 10% 

·     Attendance                                                                            – 05% 

·     End Semester Examination                                                 – 50% 

 

                                                                                                TOTAL 100%

BBL464 - LAW OF CONTRACT - II (2020 Batch)

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

Course Objectives/Course Description

 

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

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

Course Outcome

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

CO2: To examine the rights and duties of parties involved in contracts of indemnity & guarantee

CO3: To explain legal provisions and cases relating to bailment & pledge and agency

CO4: To examine the rights and duties of parties involved in contracts of bailment & pledge

CO5: To explain legal provisions and cases relating to the agency as well as the rights and duties of parties involved

CO6: To apply legal provisions to hypothetical case-study/problems based on indemnity, guarantee, bailment, pledge, and agency in order to find appropriate remedies

CO7: To examine the legal provisions of the Sale of Goods Act and related cases as well as important provisions of the UN Convention on Contracts for the international sale of goods

CO8: To analyze different types of contracts of indemnity, guarantee, bailment, pledge, agency as also partnership deeds and contracts for the sale of goods

CO9: 9. 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
INDEMNITY
 

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

Unit-2
Teaching Hours:10
GUARANTEE
 

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

Text Books And Reference Books:

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

2.      Singh Avtar,  Law of Contract, Eastern Book Co., 12th Ed, 2017

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

4.      Singh Avtar, Principles of Law of Sale of Goods and Hire Purchase, 6th  ed., Eastern Book Co., 2005

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

Essential Reading / Recommended Reading

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

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

 

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

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

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

 

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

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                    TOTAL 100%

BBL465 - FAMILY LAW - II (2020 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION:

Being in furtherance to the first part of Family laws, in this course the students will be studying the salient features of the all personal laws covering topics on Inheritance, Adoption, Minority and Guardianship and the international perspectives on the issue of adoption. This course also aims at discussing issues of contemporary relevance like the International dimensions to Family disputes, the Inter country adoptions etc. Since personal laws cannot be studied in isolation to the changing needs of time and also the ever evolving notions of equality and justice, this course is not just designed to be inclusive through providing a holistic and comparative approach towards all personal laws, but also lays a strong foundation to sensitize and teach the students the idea of gender equality which is one of the key Sustainable Development Goals.   This course contains five Units – Unit 1 covers inheritance in the Hindu personal law, Unit 2 covers the inheritance within the Muslim personal law, Unit 3 covers the Indian succession act dealing with Christian and Parsi succession, Unit 4 covers Adoption laws, both the personal as well as secular general law and the international perspective towards the issues of Inter country adoption. Lastly Unit 5 covers the topic of Minority and Guardianship both with respective personal laws, as well the general secular Law.

Course Outcome

1: Recall, Identify and explain the various principles relating to inheritance and succession across personal laws.

2: Explain the nuances of the judicial decisions and legislative amendments relating to the topics covered.

3: Explain the nuances of the judicial decisions and legislative amendments relating to the topics covered.

4: Explain the nuances of the judicial decisions and legislative amendments relating to the topics covered.

Unit-1
Teaching Hours:20
INHERITANCE - HINDUS
 

1.1 Historical perspective of traditional Hindu Law as a background to the study of Hindu Succession Act

            1.1.1 Coparcenary - Joint family property concept under old Hindu Law

            1.1.2 Mitakshara and Dayabhaga School

            1.1.3 New trends in the concept of coparcenaries

1.2 Hindu Succession Act, 1956 and Amendment Act of 2005- Daughters as coparceners.

1.3 Devolution of interest in Mitakshara co-parcenary

1.4 Succession to property of a Hindu male dying intestate 

1.5 Succession to property of a Hindu female dying intestate 

1.6 Concept of Stridhan, Married Womens property

1.7 Disqualifications relating to succession

1.8 Partition

1.9 General rules of succession

1.10 Marumakattayam and Ahyasantana laws governing people living in Travancore, Cochin and districts of Malabar and South Karnataka.        

Kerala Amendment abolishing Joint Families

Unit-2
Teaching Hours:15
INHERITANCE - MUSLIMS
 

2.1 General rules of succession

2.2 Classification of heirs under Hanafi and IthanaAshria School

Text Books And Reference Books:

1.    Diwan, Paras (Dr). Dr. Paras Diwan on Hindu Law, 2ndEd. New Delhi: Orient Publishing Co. 2006.

2.    Diwan, Paras (Dr). Law of Marriage & Divorce, 5thEd. Delhi: Universal Law
Publishing Co, 2008.

3.    Diwan, Paras (Dr). Law of Intestate and Testamentary Succession. 3rded. New Delhi: Universal Law Publishing, 2006.

4.    Mulla. Hindu Law, 20thed. New Delhi: LexisNexis Buttorworths, 2007.

5.    Kusum. Cases and Materials on Family Law. New Delhi: Universal Law Publishing Co., 2007.

 

  1. Hidayatullah, M., and Arshad Hidayatullah. Mulla’s Principles of Mohamedan Law,19thed. New Delhi: LexisNexis Butterworths, 2006.
  2. Chmpappilly, Sebastian (Dr). Marriage, Adoption and Guardianship and Canon Law on Marriage, Cochin: Southern Law Publishers. 
  3. Champappilly Sebastian (Dr). Christian Law of Divorce. Cochin: Southern Law Publishers, 2007.
  4. Syed Khalid Rashid, Muslim law (Eastern Book Co, Lucknow, 2009)
  5. Bakshi P. M. Law of Succession, 6thEdition, 1997.
  6. Paruck. The Indian Succession Act, 9thed. New Delhi: LexisNexis Buttorworths, 1995.
Essential Reading / Recommended Reading

 1. Adoption Laws: Need to Reform, EPW  Vol. 37, No. 38 (Sep. 21-27, 2002), pp. 3891-3893 available at http://www.jstor.org/stable/4412629

2. Mary Ruth Colby, “Progress in Adoption Laws”Social Service Review

3. Vol. 16, No. 1 (Mar., 1942), pp. 64-74 available at http://www.jstor.org/stable/30013826

4. Ayan Roy, A study of Guardianship of person and property under Muslim law at www.ssrn.com

5. Ali Raza Naqvi, Adoption in Muslim Law, Islamic Studies Vol. 19 No. 4 (winter 1980) pp. 283-302 at http://www.jstor.org

6. T. L. Venkatarama Aiyar, “Introduction to Modern HinduSchool of Oriental and African Studies, University of London Vol. 29, No. 1  (1966), pp. 172-174 available at http://www.jstor.org/stable/611121

7. Sukanya Narain, Discriminative Provisions of Islamic Law of Inheritance Against Women, atwww.ssrn.com

8. K N. Saxena, “Widow’s Right of Succession in India” The American Journal of ComparativeLawVol. 11, No. 4 (Autumn, 1962), pp. 574-585 available at http://www.jstor.org/stable/838221

9. Sukanya Narain, Discriminative Provisions of Islamic Law of Inheritance Against Women, at www.ssrn.com

10. Z. Badawi, the Role of the Church in developing the Law: An Islamic Response, Journal of Medical ethics, Vol. 28, (Aug 2002) p.223.Law Commission Report 208 & 209, on Succession at www.lawcommissionofindia.nic.in.

11. P.L, Paruck, The Indian Succession Act 1925, The International and Comparative law quarterly Vol 16, No. 2, pp. 582, Apr. 1967. At  http://www.jstor.org

Evaluation Pattern

SCHEME OF VALUATION

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

     CIA II – Mid Semester Examination                                 – 25% 

     CIA III – Research Topic                                                     – 10% 

     Attendance                                                                            – 05% 

     End Semester Examination                                                – 50% 

 

                                                                                                TOTAL 100%

BBL466 - PROPERTY LAW (2020 Batch)

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

Course Objectives/Course Description

 

The focus of this course in on the study of the concept of ‘Property’, the ‘nature of property rights’ and the general principles governing the transfer of property. A detailed study of the substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift and actionable claims will also be undertaken. The course is designed to enable the readers to understand the basic philosophy of property law and its nuances. It introduces them to the modes of transfer and their ramifications.

Course Outcome

CO1: Identify and describe the scope and ambit of the property laws in India.

CO2: To trace out and understand the theoretical foundation related to property.

CO3: To analyse and understand the interpretation clauses along with the principles involved in the subject.

CO4: To enlist the significant legal provisions relating to transfer of property.

CO5: Analyze the relevant case laws pertaining to the concepts discussed.

UNIT 1
Teaching Hours:4
INTRODUCTION TO PROPERTY LAW
 

Objectives of TP Act, Interpretation clause, Relation to Contract and Registration Act

UNIT 2
Teaching Hours:10
TRANSFER OF PROPERTY BY ACT OF PARTIES
 

Definition of Transfer of property, Subject matter and Persons competent to transfer, Operation of transfer, Conditions restraining alienation, Transfer for Benefit of Unborn, Sec.13 and 14, Transfer for the benefit of public in perpetuity, Conditional transfer

UNIT 3
Teaching Hours:4
ELECTION
 

Necessity of Election, Apportionment of Periodical Payments, Apportionment of benefit of obligation

Text Books And Reference Books:

1.      Rosedar S R A , Property Laws Transfer of Property & Easements, 2014 

2.      Subbarao, G. C.V. Law of Transfer of Property (Easement, Trust and Wills) 2 Vols. Lucknow: Eastern Book Co., 2002.

3.      Tripathi, G. P. Transfer of Property Act, 15th ed. Allahabad: Central Law Publications, 2006.

4.      Shukla, S. N. Transfer of Property Act. Faridabad: Allahabad Law Agency, 2005.

5.      Gour, Hari Singh. Commentary on Transfer of Property Act, 1882, 12th ed. Delhi: Delhi Law House, 2010.

Essential Reading / Recommended Reading

1.      Rosedar S R A , Property Laws Transfer of Property & Easements, 2014 

2.      Subbarao, G. C.V. Law of Transfer of Property (Easement, Trust and Wills) 2 Vols. Lucknow: Eastern Book Co., 2002.

3.      Tripathi, G. P. Transfer of Property Act, 15th ed. Allahabad: Central Law Publications, 2006.

4.      Shukla, S. N. Transfer of Property Act. Faridabad: Allahabad Law Agency, 2005.

5.      Gour, Hari Singh. Commentary on Transfer of Property Act, 1882, 12th ed. Delhi: Delhi Law House, 2010.

Evaluation Pattern

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

CIA II – Mid Semester Examination – 25%

CIA III – Research Topic – 10%

Attendance – 05%

End Semester Examination – 50%

TOTAL 100%

BBL561 - COMPANY LAW - I (2019 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION: UNIT 1 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 7make the students clear about the financial aspects of a company including capital, securities and charges.

 

COURSE OBJECTIVES: The purpose of this course is to study the fundamental Concepts central to Company Law, with an overview of the History and Evolution of the Modern day developments in Company law.

Course Outcome

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

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

CO3: 3. Elucidate the process of formation of different kinds of companies and commencement of business.

CO4: 4. Describe the method of giving security for repayment of loan or other liabilities of a company.

CO5: 5. Evaluate ultra vires actions, consequences and remedies available to the companies and their agents.

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

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

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

Unit-2
Teaching Hours:8
COMPANY AS SEPARATE LEGAL ENTITY AND EXCEPTIONS
 

Jurisprudential issues – Incidents of corporate personality, Lifting the corporate veil – Statutory and judicial inroads to corporate personality, Legal personality of group companies.

Classification of companies – Chartered, Statutory and Registered Companies, Limited by Shares, Limited by Guarantee and Unlimited, Private and Public Companies, S. 25 Companies, Government Companies, Foreign Companies, Producer Companies, Group Companies.

Unit-3
Teaching Hours:8
PROMOTION ACTIVITY AND FORMATION OF COMPANIES
 

Company Promoters – Legal Position of Company Promoters, Remedies against breach of duties by promoters

Pre Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15 and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties and promoters in respect of pre incorporation Contracts, Comparison between Indian and English Law

Provisional Contracts – Meaning, Trading certificate –Distinction between private companies and Public companies, Effect of provisional contracts

Contracts made after the company is entitled to commence its business

Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate of Incorporation.

Commencement of business – Distinction between Private and public company

Text Books And Reference Books:

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

 

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

 

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

 

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

 

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

 

Essential Reading / Recommended Reading

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

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

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

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

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

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

BBL562 - CONSTITUTIONAL LAW - I (2019 Batch)

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

Course Objectives/Course Description

 

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

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

Course Objectives:

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

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

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

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

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

Course Outcome

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

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

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

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

UNIT 1
Teaching Hours:6
INTRODUCTION
 

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

UNIT 2
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

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

UNIT 3
Teaching Hours:20
FUNDAMENTAL RIGHTS
 

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

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

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.,

3. Jain, M. P. Indian Constitutional Law, 7th ed. Nagpur: Wadhwa& Co., 2014.

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

5. Constitutional and Administrative Law by Wade and Philips.

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

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

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

9.Jain, M. P. Indian Constitutional Law, 5th ed. Nagpur: Wadhwa & Co., 2003

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

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

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

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

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

15. Tribe, Lawrence. American Constitution. 3rd ed. New York: Foundation Press, 200

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

 

Essential Reading / Recommended Reading

 

  1. Singh, M. P. Shukla V. N. Constitution of India, 10th ed. Lucknow: Eastern Book Co., 2001.
  2. De, D. J. Constitution of India. 2 vols., 2nd ed. Hyderabad: Asia Law House, 2005.
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%

BBL564 - ENVIRONMENTAL 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 introduces students to the concepts of environment and pollution, and the historical perspectives of the environmental law. Unit 2 deals with the international environmental protection regime and the constitutional perspective of the environmental law. Unit 3 is designed to give students a comprehensive idea of Water and Air Pollution Acts. Unit 4 deals with the Environment Protection Act. Unit 5 aims at giving the students a glimpse of Town and Country Planning Act. Unit 6 deals with forest and wildlife while Unit 7 deals with bio-diversity. 

 

 

Objectives:

To impart an in-depth knowledge of environmental legislation to students from diverse backgrounds. 

To interpret, analyze and make a critique of the legislation and Case laws relating to the environment 

To provide a brief understanding of various developments that have taken place at the international level to check various environmental harms. 

Course Outcome

CO1: Identify and describe the basic requirements of environmental protection and constitutional remedies with respect to environmental violations.

CO2: List out the right enjoyed under the constitution with regard to the environment.

CO3: Apply the international principles of environmental law correctly to environmental problems and list out the application of SDG?s to environmental Law

CO4: Evaluate the issues related to environmental conservation and biodiversity before the green tribunal and judiciary.

Unit-1
Teaching Hours:7
Development of Environmental Law and Policy in India
 

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

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

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

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

 

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

Text Books And Reference Books:

  1. Shibani Ghosh, Indian Environmental Law: Key Concepts and Principles, Orient Black Swan 2019.
  2. Rosencranz, Aarmin, et al., (eds.) Environmental Law and Policy in India. Oxford: OUP, 2000
  3. Singh, R. B., and Suresh Misra. Environmental Law in India. New Delhi: Concept Publishing Co., 1996.
  4. Thakur, Kailash. Environmental Protection Law and Policy in India New. Delhi: Deep and Deep Publications, 1997.
  5. Subhashini Muthukrishnan’s, Economics of Environment, PHI Learning Pvt. Ltd., New Delhi, 2010
  6. Riversz, Richard L., et.al. (eds.) Environmental Law: The Economy and Sustainable Development. Cambridge: CUP, 2000.
  7. Stone, Christopher D. Should Trees Have Standing and Other Essays on Law, Morals and the Environment. Oceana, 1996
  8. Leelakrishnan, P., et.al. (eds.). Law and Environment. Lucknow: Eastern Book Co., 1990.
  9. Leelakrishnan, P. The Environmental Law in India. New Delhi: Butterworths-India, 1999.
  10. Government of India. Department of Science and Technology. Report of the Committee for Recommending Legislative Measures and administrative Machinery for Ensuring Environmental Protection(Tiwari Committee Report). New Delhi.1980.
  11. Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No. 3, pp.353-801
  12. Centre for Science and Environment, The State of India’s Environment 1982, The State of India’s Environment 1984-85 and The State of Indian Environment 1999-2000.
  13. World Commission on Environment and Development. Our Common Future. Oxford. 1987.

 

Essential Reading / Recommended Reading
  1. Shibani Ghosh, Indian Environmental Law: Key Concepts and Principles, Orient Black Swan 2019.
  2. Rosencranz, Aarmin, et al., (eds.) Environmental Law and Policy in India. Oxford: OUP, 2000
  3. Singh, R. B., and Suresh Misra. Environmental Law in India. New Delhi: Concept Publishing Co., 1996.
  4. Thakur, Kailash. Environmental Protection Law and Policy in India New. Delhi: Deep and Deep Publications, 1997.
  5. Subhashini Muthukrishnan’s, Economics of Environment, PHI Learning Pvt. Ltd., New Delhi, 2010
  6. Riversz, Richard L., et.al. (eds.) Environmental Law: The Economy and Sustainable Development. Cambridge: CUP, 2000.
  7. Stone, Christopher D. Should Trees Have Standing and Other Essays on Law, Morals and the Environment. Oceana, 1996
  8. Leelakrishnan, P., et.al. (eds.). Law and Environment. Lucknow: Eastern Book Co., 1990.
  9. Leelakrishnan, P. The Environmental Law in India. New Delhi: Butterworths-India, 1999.
  10. Government of India. Department of Science and Technology. Report of the Committee for Recommending Legislative Measures and administrative Machinery for Ensuring Environmental Protection(Tiwari Committee Report). New Delhi.1980.
  11. Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No. 3, pp.353-801
  12. Centre for Science and Environment, The State of India’s Environment 1982, The State of India’s Environment 1984-85 and The State of Indian Environment 1999-2000.
  13. World Commission on Environment and Development. Our Common Future. Oxford. 1987.

 

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%

BBL565 - LABOUR AND INDUSTRIAL LAW - I (2019 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION

The twentieth century witnessed the development of Industrial jurisprudence in the country. The growth of industrial jurisprudence can significantly be noticed not only from the increase in labour and industrial legislations but also from a large number of industrial law issues decided by the Supreme Court and High Courts. This has directly affected a large population of the country consisting of industrialists, workmen and their families. A Constitution inspired by the vision of social justice is committed to the cause of upliftment of labour. Well balanced industrial development leads to increased productivity which in turn is a factor of national progress. Labour makes significant contribution in this respect. The study of labour law is not confined to mastering of the rules and regulations relating to the employment of the work force. Its wings spread wider. It has its aim on the societal impulses on, and state reactions to, the complex socio-economic, human and political problems arising out of the constant conflicts between different classes. The economic liberalization process started in the nineties had a definite impact on the labour laws in the country. In this backdrop, this course is an attempt to study the laws relating to industrial relations in the country.

 

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 judiciary, especially in India. Unit 2 examines the all important aspect of resolution of industrial disputes from different angles as a means of ensuring industrial harmony. Unit 3 looks into the paramount aspect of standing orders and the pragmatic requirements of domestic inquiry of workmen for misconduct. Unit 4 is designed to discuss Karnataka Shops and Commercial Establishment Act, 1961.Unit 5 discusses the growth of trade unions, collective bargaining process as an important tool of workers and the rights and immunities of trade unionists. Unit 6 discusses the social security measures for unorganized sector workers in India. 

COURSE OBJECTIVES

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

 

Course Outcome

CO 1: Explain the evolution of industrial jurisprudence and the role played by ILO in this regard.

CO 2 : Identify and appreciate the need for a law relating to the resolution of industrial disputes in India

CO 3 : Explain the paramountcy of standing orders and domestic inquiry guided by the principles of natural justice as an effective tool of ensuring workers' wellbeing and the smooth functioning of an industrial undertaking.

CO 4 : Identify the rights of employees and employers in the unorganized sector of employment, i.e., shops and establishments

CO 5 : Explain the significance of trade unions and the crucial role played in collective bargaining for maintaining industrial peace and the well-being of the workmen.

Unit-1
Teaching Hours:10
GENERAL INTRODUCTION
 

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

Unit-2
Teaching Hours:20
INDUSTRIAL DISPUTES ACT, 1947
 

Historical Development; Scope and applicability of Act; Definitions – Appropriate Government; Workman; Industry; Industrial Disputes; Award; Settlement; Public Utility Service; Strike; Lock Out; Retrenchment; Lay Off; Closure, etc.; Reference and Settlement of Industrial Disputes, Works Committee, Conciliation Officers, Board of Conciliation, Court of Inquiry, Labour Court, Industrial Tribunal, National Industrial Tribunal, Reference Power of Government, Voluntary Arbitration, Procedure and Powers and Duties of Authorities; Strikes; Lock Outs; Lay-Off; retrenchment; Unfair Labour Practices; Representation of Parties; Protection of Worker Representation.                                                                                                        

 

Text Books And Reference Books:

Essential References:   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Essential Reading / Recommended Reading

Recommended  References:   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Assignment                                          – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL583 - PRINCIPLES OF CRIMINAL 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 focuses on criminology, source and functions of criminal law. This will give an over view of object and purpose of criminal law. Unit 2 deals with behaviour of individuals involve in crimes and issues related to that. Unit 3 focuses on liability under criminal law, when and where it arises and third party’s liability. Different types of crimes will be discussed in Unit 4Unit 5 deals with the parties to the crime, degree of liability etc. The theoretical aspects and basis of punishment will be the objective of including Unit 6.

COURSE OBJECTIVES:

This course aims at an understanding of:

1.      The basic philosophy underlying the concept of crime.

2.       Categories of crimes.

3.      Parties of crime.

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

Course Outcome

CO1: Identify and describe the various offences taught in the respective module.

CO2: List out the essential characteristic of the various offences.

CO3: Apply the principles of criminal the law in case laws.

CO4: Distinguish among offences according to their elements from case to case basis.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

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

UNIT 2
Teaching Hours:10
CRIMINALIZATION
 

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

UNIT 3
Teaching Hours:12
PRINCIPLES OF CRIMINAL LIABILITY
 

Test for criminal liability, Criminal conduct ? Actus Reus, Criminal capacity ? Mens rea, Strict liability, Vicarious and corporate liability, Derivative liability ? secondary participation, Variations in liability

Text Books And Reference Books:

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

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

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

End semester examination - 50%

BBL5E1 - RESEARCH METHODOLOGY (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 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 writing a research paper in this course.

Unit I deals with the Basics of legal research.

Unit II deals with the Research problem and Research design

Unit III deals with Research Methods

Unit IV deals with Research ethics and Report Writing

Course Outcome

CO1: Formulate a research problem and identify research questions.

CO2: List out the different types of legal research.

CO3: Analyse the issues related to the applicability of scientific methods in legal research.

CO4: Apply appropriate research methods.

CO5: Evaluate as against other the different forms of research designs.

CO6: Draw appropriate suggestions and conclusions based on logical legal reasoning.

Unit-1
Teaching Hours:15
BASICS OF LEGAL RESEARCH
 

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

Unit-2
Teaching Hours:15
RESEARCH PROBLEM AND RESEARCH DESIGN
 

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

Text Books And Reference Books:

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

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

3.   I.L.I Legal Research And Methodology 

4.  Verma S K, Legal Research & Methodology

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

Essential Reading / Recommended Reading

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

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

3.         Morris L.Cohan, Legal Research in Nutshell

4.         Harvard Law Review Association, Uniform System of Citations

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

6.       Krishna Swami, Methodology of Research In Social Sciences

7.       Dr. Tewari H N, Legal Research Methodology

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

9.       Myneni S R, Legal Research Methodology

10.       Anwarul Yagin, Legal Research & Writing Methods

11.       Robert Watt, Concise Legal Research

 

Evaluation Pattern

 

•          CIA 1 - Assignment – Submission of Literature Review  & Viva                             20

•          CIA 2 - Statement of problem, research questions, research methodology            30

•          CIA 3 - Submission of Research paper/ Record/Attendance/ Coursera Course     10

•          Publication of Research paper in a reputed journal                                                    30

•          Viva                                                                                                                                       10

 

                                                                                                                               TOTAL               100

 

BBL661 - CRIMINAL LAW - I (2019 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION

UNIT 1 is designed to impart to the students the conceptual foundations of crime laced with the basic underlying philosophy of the Indian Penal Code. UNIT 2 dwells on the nature and significance of punishment for the effective implementation of criminal law. UNIT 3 speaks of a very important, although not often emphasized, aspect of a crime viz. abetment. UNIT 4 aims at dissemination of a concept that has gained importance of late, i.e., criminal conspiracy and offences against the State. UNIT 5 emphasizes on the various offences affecting public tranquility which is of vital importance for peace and order in the society. UNIT 6 is designed to the understanding of the offences relating to human body, the most important aspect of criminal law. While UNIT 7 deals with sexual offences, UNIT 8 centres around offences relating to property. UNIT 9 revolves around another segment of crimes having a bearing on the society, namely, offences relating to marriage, and UNIT 10 is devoted to other offences.

 

COURSE OBJECTIVES:

The primary objective of criminal law is to maintain law and order in the society and to protect the life and liberty of people. It is for this reason that the people place their ultimate reliance on this branch of law for protection against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or ineffective. Nor can it be harsh and arbitrary in its impact. The application of criminal law has to be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc of either the criminal or the victim. The subject of Criminal Law-I has been so designed as to generate critical thinking among the students about the stated objectives of criminal law and enable them to scrutinize the recent developments and changes that have taken place in the field.

 

 

 

Course Outcome

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

CO2: Explain the Evolution of the Indian Penal COde over the period from its enactment and 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:4
GENERAL INTRODUCTION
 

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

General Exceptions: Mistake, Principle of ignorantia facti excusat, Principle of ignorantia juris, Accident, Infancy, Insanity, Intoxication, Consent, Mistake, Private defence

UNIT 2
Teaching Hours:4
PUNISHMENTS
 

Fine; Imprisonment, Simple and Rigorous; Imprisonment for life; Solitary confinement; Capital Punishment.

UNIT 3
Teaching Hours:4
ABETMENT
 

Meaning of abetment, Abettor, Punishment for abetment, harbouring.

Text Books And Reference Books:

1.      Gaur, K. D. Criminal Law: Cases & Materials. 4th ed. New Delhi: LexisNexis Butterworths, 2005.

2.      Ashworth, Andrew. Principles of Criminal Law. 5th ed. New York: Oxford University Press, 2006.

3.      Suresh, V., and D. Nagasaila. P. S. A. Pillai’s Criminal Law. 9th ed. New Delhi: LexisNexis, 2006.

4.      Pillai, K. N. Chandrashekhar. General Principles of Criminal Law. Lucknow: Eastern Book Co., 2005

5.      Gour, Hari Singh. Commentaries on the Indian Penal Code. 12th ed. Allahabad, Delhi Law Publishers, 2005.

6.      Chandrachud, Y. V. Ratanlal Dhirajlal’s Indian Penal Code. 31st ed. Nagpur: Wadhwa & Co., 2006.

7.      Basu, N. D. Indian Penal Code (Law of Crimes). New Delhi: Ashoka Law House, 2006.

8.      Gaur, K. R. A Textbook on the Indian Penal Code. 3rd ed. New Delhi: Universal Law Publishing Co. 2004.

9.      Turner, J. W. Cecil. Kenny’s Outlines of Criminal Law. 19th ed. New Delhi: Universal Law Publishing, 2006.

10.  Sarkar, S. C. Commentary on the Indian Penal Code. 4 Vols. Allahabad: Dwivedi Law Agency, 2006.

11.  Williams, Glanville Textbook on Criminal Law. 2nd ed. Delhi: Universal Law Publishing, 1983.

12.  Ormerod, David Smith, and Hogan. Criminal Law. 12th ed. London: Oxford University Press, 2008.

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

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

15.  Huda, Syed Shamsul. Principles of the Law of Crimes in British India. Lucknow: Eastern Book Co., 1982.

16.  Turner, Cecil J. W. Russell on Crime. 2 Vols. 12th ed. Delhi: Universal Law Publishing, 1964.

17.  Card, Richard. Card, Cross & Jones Criminal Law. 18th ed. Oxford: Oxford University Press, 2008.

18.  Dine, Janet. Cases and Materials on Criminal Law. New Delhi: Lawman, 1995.

19.  Pal, Tejinder. Supreme Court on Crimes. Chandigarh, ICC Publications, 2004.

20.  Fletcher, George P. Grammar of Criminal Law: American, Comparative & International. New York: Oxford University Press, 2007.

21.  Allen, Michael. Elliott and Wood’s Cases & Materials on Criminal Law. 9th ed. London: Sweet & Maxwell, 2006.

22.  Guha, D. R., and Anil Kumar. Words & Phrases under Criminal Law. Hyderabad: Rajpal, 2006.

Essential Reading / Recommended Reading

1.      Gaur, K. D. Criminal Law: Cases & Materials. 4th ed. New Delhi: LexisNexis Butterworths, 2005.

2.      Ashworth, Andrew. Principles of Criminal Law. 5th ed. New York: Oxford University Press, 2006.

3.      Suresh, V., and D. Nagasaila. P. S. A. Pillai’s Criminal Law. 9th ed. New Delhi: LexisNexis, 2006.

4.      Pillai, K. N. Chandrashekhar. General Principles of Criminal Law. Lucknow: Eastern Book Co., 2005

5.      Gour, Hari Singh. Commentaries on the Indian Penal Code. 12th ed. Allahabad, Delhi Law Publishers, 2005.

6.      Chandrachud, Y. V. Ratanlal Dhirajlal’s Indian Penal Code. 31st ed. Nagpur: Wadhwa & Co., 2006.

7.      Basu, N. D. Indian Penal Code (Law of Crimes). New Delhi: Ashoka Law House, 2006.

8.      Gaur, K. R. A Textbook on the Indian Penal Code. 3rd ed. New Delhi: Universal Law Publishing Co. 2004.

9.      Turner, J. W. Cecil. Kenny’s Outlines of Criminal Law. 19th ed. New Delhi: Universal Law Publishing, 2006.

10.  Sarkar, S. C. Commentary on the Indian Penal Code. 4 Vols. Allahabad: Dwivedi Law Agency, 2006.

11.  Williams, Glanville Textbook on Criminal Law. 2nd ed. Delhi: Universal Law Publishing, 1983.

12.  Ormerod, David Smith, and Hogan. Criminal Law. 12th ed. London: Oxford University Press, 2008.

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

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

15.  Huda, Syed Shamsul. Principles of the Law of Crimes in British India. Lucknow: Eastern Book Co., 1982.

16.  Turner, Cecil J. W. Russell on Crime. 2 Vols. 12th ed. Delhi: Universal Law Publishing, 1964.

17.  Card, Richard. Card, Cross & Jones Criminal Law. 18th ed. Oxford: Oxford University Press, 2008.

18.  Dine, Janet. Cases and Materials on Criminal Law. New Delhi: Lawman, 1995.

19.  Pal, Tejinder. Supreme Court on Crimes. Chandigarh, ICC Publications, 2004.

20.  Fletcher, George P. Grammar of Criminal Law: American, Comparative & International. New York: Oxford University Press, 2007.

21.  Allen, Michael. Elliott and Wood’s Cases & Materials on Criminal Law. 9th ed. London: Sweet & Maxwell, 2006.

22.  Guha, D. R., and Anil Kumar. Words & Phrases under Criminal Law. Hyderabad: Rajpal, 2006.

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 learnt in the class to given social problems and propose solutions. 

End semester examination - 50%

BBL662 - COMPANY LAW - II (2019 Batch)

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

Course Objectives/Course Description

 

 

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

 

 

 

COURSE DESCRIPTION: In the light of the above, Unit 1 seeks to introduce the powers of a Board vis-a-vis a General Meeting in view of statutory provisions and precedents. Unit 2 gives a bird's eye view of the composition and power equation of a Board. Unit 3 is designed to give a comprehensive account of Meetings. Unit 4 aims at one of the oft debated issues, viz., accounts and audit. While Unit 5 speaks about the financial implications in light of dividends, Unit 6 deals with majority rule.Unit 7 emphasizes on the liquidation of a company and winding up.

 

Course Outcome

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

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

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

CO4: Apply and critique the efficacy of those principles in the working of Modern Corporation.

CO5: Solve the issues relating to corporate disputes pertaining to shareholder rights

Unit-1
Teaching Hours:9
DIVISION OF POWERS BETWEEN THE GENERAL MEETING AND BOARD OF DIRECTORS
 

 

Powers of the Board: The rule in Curningham’s case, Restriction on the Powers of Board – Statutory & Contractual, Statutory Provisions Conferring powers on Board and General Meeting.

 

Unit-2
Teaching Hours:9
BOARD OF DIRECTORS
 

 

Board of Directors – Legal nature of the office of directors, Composition of the board, Qualification, Disqualification of the Directors, Categories of Directors, Additional Directors, Alternate Directors, Directors who fill Casual Vacancies, Nominee Directors, Government Director, Executive and Non-executive Directors, Whole Time & Part Time Directors, Independent Directors and Their Role, Shadow Directors. – Structure of the BoardAppointment of Directors and Allied matters, Qualifications and Disqualifications of Directors, Termination of Office of Directors – Publicity Regarding Directorship, Functioning of the Board – Remuneration of Directors Other Than Managerial Personnel – Committees of Board of Directors – Audit Committee, Remuneration Committee – Constituencies to which the directors owe duties, Fiduciary duty, Duty of care and skill, Statutory duties

 

Unit-3
Teaching Hours:8
MEETINGS
 

 

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

 

Text Books And Reference Books:

 

SUGGESTED READINGS

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Essential Reading / Recommended Reading

SUGGESTED READINGS

 

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

 

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

 

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

 

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

 

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

 

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

 

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

Evaluation Pattern

 

SCHEME OF VALUATION

 

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

 

·         CIA II – Mid Semester Examination                                  – 25%

 

·         CIA III – Research Topic                                                     – 10%

 

·         Attendance                                                                            – 05%

 

·         End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

BBL663 - CONSTITUTIONAL LAW - II (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 aims at a better understanding of the Constitution and the law, which has developed through constitutional amendments, judicial decisions, constitutional practice and conventions is, therefore, absolutely necessary for a student of law. He must also know the genesis, nature and special features and be aware of the social, political and economic influence on the Constitution and the role played by the three organs of the Government. It introduces the students to the stormy Centre-State relations and the conduct of elections.

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

 

Course Objectives:

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

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

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

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

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

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

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

 

 

Course Outcome

CO1: To describe the powers and functions of the Executive, Legislature, and Judiciary.

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

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

CO4: To evaluate the working of the center-state relationship under the Constitution of India.

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

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

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

UNIT 1
Teaching Hours:10
EXECUTIVE
 

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

President of India – Election, Powers and Functions, Vice-President, Legislative Powers, Advisory Opinion of Judiciary – Governors – Appointment, Powers and Functions, Relationship Between State Government and Cabinet, Power to Make Laws – Relationship between Union and State Executives.

UNIT 2
Teaching Hours:12
LEGISLATURE
 

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

Constitution, Compositions and Sessions, Powers and Privileges of Members of Parliament and state legislatures – Introduction and Passing of Bills, Joint Sitting, Money Bills, Budget.

 

UNIT 3
Teaching Hours:15
JUDICIARY
 

Supreme Court – Establishment and Constitution, Court of Record, Jurisdiction, Original and Appellate Jurisdiction, Special Leave Petition, Precedents.

High Courts – Establishment and composition, Writ jurisdiction, Power over lower courts

Prerogative Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. – Writ Jurisdictions of Supreme Court and High Courts.

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%

BBL665 - LABOUR AND INDUSTRIAL LAW - II (2019 Batch)

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

Course Objectives/Course Description

 

The twentieth century witnessed the development of Industrial jurisprudence in the country. The growth of industrial jurisprudence can significantly be noticed not only from the increase in labour and industrial legislations but also from a large number of industrial law issues decided by the Supreme Court and High Courts. This has directly affected a large population of the country consisting of industrialists, workmen and their families. A Constitution inspired by the vision of social justice is committed to the cause of upliftment of labour. Well balanced industrial development leads to increased productivity which in turn is a factor of national progress. Labour makes significant contribution in this respect. The study of labour law is not confined to mastering of the rules and regulations relating to the employment of the work force. Its wings spread wider. It has its aim on the societal impulses on, and state reactions to, the complex socio-economic, human and political problems arising out of the constant conflicts between different classes. The economic liberalization process started in the nineties had a definite impact on the labour laws in the country. In this backdrop, this course is an attempt to study the laws relating to industrial relations, trade union and regulation of workers in various shops and commercial establishment in the country.

 

This course is an attempt to study laws relating to social security, wages and other benefits, and industrial safety. It aims to introduce the students to the concept of social security and welfare of workers which is all the more important in the era of privatization.

Unit 1 is a study of another significant aspect of the lives of labour, i.e., the compensation in case of industrial accidents and insurance benefits to the employees. Unit 2 deals withthe necessity and provisions for provident fund and miscellaneous matters. Unit 3 looks into social security for women workers with reference to maternity benefit and the winds of change envisaged therein. Unit 4 focuses the payment of wages and the employer’s liability to pay minimum wages. Unit 5 talks about the benefits of bonus as a right to the employees and the social security benefit of gratuity. Unit 6 is designed to look into the all important provisions of health, safety and welfare provisions for workers in factories that have assumed centre-stage in the wake of Globalization along with the discussion on the codification of labour legislations. Unit 7 discusses the relevance of Sexual Harassment of Women at Workplace   (Prevention, Prohibition and Redressal) Act, 2013and the famous judgment Vishakha and others v State of Rajasthan, 1997. 

 

                                                                                     

 

Course Outcome

CO 1: Explain the payment of compensation and its determination to their employees? arising out of and in the course of employment.

CO 2: Analyze and evaluate the merits and demerits if various social security schemes with respect to health, safety and welfare measures in India.

CO 3: Provide solutions to employer - employee conflicts in relation to wages by applying the relevant case laws.

CO 4: Evaluate the important provisions of the Maternity Benefits Act and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

CO 5: Critically analyze new labour codes based on contemporary issues pertaining to employer - employee relations.

Unit-1
Teaching Hours:10
EMPLOYEES? COMPENSATION ACT, 1923; AND EMPLOYEES STATE INSURANCE ACT, 1948.
 

Liability of the employer for industrial accidents; doctrine of notional extension of employment; Employees Compensation Act, 1923, Employees State Insurance Act, 1948: Objects, salient features, application and definitions, dependent, employment, employee, apprentice, family manufacturing process, factory, occupier, disablement, wages, expenses from ESI fund, contribution; recovery of contributions, benefits.

Unit-2
Teaching Hours:8
THE EMPLOYEES? PROVIDENT FUND & MISCELLANEOUS PROVISIONS ACT, 1952
 

Objects, salient features, application and definitions; EPF Scheme; employees pension scheme, Protection against attachment, priority of payment if contributions over other debts, penalties, offences by companies, establishment exempted from EPF Act, Transfer of Account and liability in case of transfer of establishment

Text Books And Reference Books:

Essential References:   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Essential Reading / Recommended Reading

Recommended References:   

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

Evaluation Pattern

·         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%

BBL684 - INTELLECTUAL PROPERTY LAW (2019 Batch)

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

Course Objectives/Course Description

 

 

Intellectual property is an increasingly important generator of economic, social and cultural growth and development comprises not only valuable economic assets of private firms, but also the social and cultural assets of society. The potential impact of IP is so great that it is certain to have considerable effect on national and international economic development in the future.

 

A clear understudying of the intellectual property system has, therefore, become a necessity for all those associated with creative and innovative endeavor from policy makers, business executives to educators as well as artists and inventors themselves. This course seeks to provide a foundation for students to understand the enormous potential and power of IP and regulatory framework in India. The major objectives of the course are to(i) To understand the niceties and complexities of the global intellectual property system and the challenges it poses to India in terms of compliance to global standards of IP protection (ii) To  identify IP as an effective policy tool for national, economic, social and cultural development, especially through the use of limitations and exceptions to monopoly rights and (iii) To equip students with the knowledge of the procedural and substantive IP system in India

 

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

 

Course Outcome

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

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

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

CO4: Analyse the issues related to infringement of IP.

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

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

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

 

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

 

Unit-2
Teaching Hours:12
PATENTS
 

 

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

 

Unit-3
Teaching Hours:12
COPYRIGHT
 

 

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

 

Text Books And Reference Books:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

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

 

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

 

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

 

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

 

Essential Reading / Recommended Reading

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.  Stavroula Karapapa, Private Copying, Routledge 2012

 

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

 

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

 

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

 

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

 

Evaluation Pattern

 

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

 

·       CIA II – Mid Semester Examination                                 – 25%

 

·       CIA III – Research Topic                                                     – 10%

 

·       Attendance                                                                            – 05%

 

·       End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

 

BBL6E1 - LAW OF CORPORATE INSOLVENCY (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 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 and under IBC,2016 UNIT 7 gives students a comparative perspective and helps them to understand the Insolvency Laws of the US and the UK and Cross border Insolvency.

 

 Course Objectives

 

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

Course Outcome

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

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

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

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

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

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

INTRODUCTION TO THE CONCEPT OF INSOLVENCY AND CORPORATE INSOLVENCY

 

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

 

 

 

 

 

 

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

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

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

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

Text Books And Reference Books:

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

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

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

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

5.   Pollard, David, Corporate Insolvency: Employment and Pension RightsHayward’s Heath, West Sussex: Tottel Pub., (2007)

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

7.   Worthington, Sarah; Sealy, L. S, Sealy's Cases and Materials in Company LawLexisNexis Butterworths, (2005)

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

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

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

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

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

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

Essential Reading / Recommended Reading

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  20. 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

  21. Duncan Henderson, Inability to pay debts: where are we now?  Insolvency Intelligence (2011)

  22. David Milman, Security interests and quasi-security claims in UK corporate insolvency law: current issues,

  23. Company Law Newsletter (2011) & Commentaries on IBC published in India Corporate Law Blog, IBBI Newsletter & University of Oxford-Business Law Blog.

  24. Robert Pennington, Recent developments in the law and practice relating to the creation of security for companies' indebtedness, Company Lawyer (2009)

  25. Abhinav Ashwin, “Safeguarding employees' rights in winding-up proceedings - the Indian perspective”, International Company and Commercial Law Review (2005) 

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

  27. 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)

  28. 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

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

  30. 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 1 - 10%

CIA 2 MIDSEMESTER EXAMINATION - 25%

CIA 3 - 10%

END SEMESTER EXAMINATION - 50%

ATTENDANCE - 05%

TOTAL - 100%

BBL6E2 - CLIMATE CHANGE: LAW AND POLICY (2019 Batch)

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

Course Objectives/Course Description

 

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

 

Course Objectives:

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

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

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

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

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

Course Outcome

On completion of this course, students will be able to:

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

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

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

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

  5. Propose a solution to the existing problems relating to climate change in India

Unit-1
Teaching Hours:10
INTRODUCTION TO CLIMATE CHANGE
 

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

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

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

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

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

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

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

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

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

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

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

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

Books:

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Books:

 

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

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

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

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

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

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

Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation – 10%

  • CIA II – Mid Semester Examination – 25% 

  • CIA III – Research Topic – 10% 

  • Attendance – 05% 

  • End Semester Examination – 50% 

 

        TOTAL 100%

 

BBL6E3 - ENERGY LAWS (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 comprises of eight units. Unit 1 is designed to introduce students to the energy production, use and its implications for development. Unit 2 enlist the Constitutional basis for Energy laws with substantial enquiry on the role of Central and State governments. Unit 3 exclusively deals with the Energy law implications upon Electricity sector and examines the regulations pertaining to generation, transmission, distribution and supply of electricity. Unit 4 discusses the statutory framework pertaining to Oil and Natural Gas sector. Units 5 discuss regulatory and legislative regimes with respect to Coal Sector. Unit 6 focuses on focus on new energy sources, such as Nuclear Energy and in case of renewable energy sources, Solar Energy and Wind Energy. Unit 7 deals with Energy efficiency and Conservation. Unit 8 deals International aspects of Energy law.

The energy law course provides an understanding of the problems and an exposure to energy law and policy. It lays down the fundamental concepts of Energy law and enlisting the contemporary relevance of the discipline.It provides a survey of laws and policies related to the generation, transmission, sale, and use of energy resources. It introduces students to a variety of potential career paths in the field of energy law and provides a strong theoretical base for the students with respect to Energy law. It focuses on current and important topics in the field of energy policy. It helps to develop interconnections between energy law and other areas of legal practice. It also looks into the recent natural and man-made events that have caused the discussion of energy law and policy of late and have contributed to the increased politicization of the topic. It emphasizes the emerging issues and challenges pertaining to Energy law both nationally and internationally.

 

Course Outcome

At the end of the course the student will be able to:

CO1: Identify the different sources of energy and describe the importance of each of them

CO2: List out the general principles of energy law.

CO3: Apply the principles that have evolved in Energy Laws to legal problems.

CO4: Analyze the issues related to reliance on fossil fuels.

CO5: Evaluate the international legal framework related to Energy and articulate the problem areas for the deficiency.

CO6: Propose solution to the existing Energy poverty problems in India.

Unit-1
Teaching Hours:8
Energy and Development
 

This unit will be an introductory module on political economy of energy production and use and its implications for development. This unit will provide basic grounding in the major features of global energy issues, sustainable energy and their interactions with economics, development, environment and policy.

Unit-2
Teaching Hours:6
Constitutional Basis of Energy Law
 

This unit will explore the aspects of Constitutional law and implementation that underpin the theory and practice of energy law. The unit will provide an overview for the Constitutional bases for the roles of the Centre and the State Governments in energy law.

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%

BBL6E4 - DOMESTIC VIOLENCE (2019 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION

Unit 1 is designed to understand the evolution of the context of the study of domestic violence in the backdrop of the human rights and feminist movement. While Unit 2 aims at educating the students all about the various forms of domestic violence and against whom it is practiced. Unit 3 throws light on the protective laws in India for the protection of domestic violence and analyzes the effectiveness of the same. Unit 4 discusses the difference between theory and practice in the administration of justice vis-à-vis domestic violence Unit 5 is designed to analyze the laws in other jurisdictions and understand the pitfalls of the Indian system in that context. Unit 6 is to evaluate the international response to Domestic violence.

 

COURSE OBJECTIVES

1. Introduce to the students the basic understanding of domestic violence in the backdrop of the human rights and feminist movement

2. To educate the students  about the various forms of domestic violence and against whom it is practiced

3. To give an overview of the protective laws in India for the protection of domestic violence, and to analyze the effectiveness of the same

4.  To demonstrate the role of the international and the Indian legal arrangement in dealing with the domestic violence

 

Course Outcome

CO 1: 1. Explain the meaning, explain the scope of violence against women in the society and outline the rights? discourse on women

CO2: 2. Explain the meaning of domestic violence and enumerate the factors responsible for domestic violence

CO3: 3. Develop certain personality traits (discipline, effective communication and listening, time management, development of structured arguments and presentation, reasoning) required to effectively participate in a group discussion which is commonly used by employers use to assess prospective candidates for law firms jobs and the like

CO4: 4. List and discuss the existing legislative safeguards for protection of women from domestic violence in India

CO5: 5. Comment and discuss on various judicial pronouncements on the protection of women against domestic violence

CO6: 6. Critique the domestic legal framework in the light of problems identified in the judicial pronouncements on the subject

Unit-1
Teaching Hours:10
Introduction
 

Meaning of violence, context and causes, kinds of violence, violence against women, human rights discourse and feminist movements, campaign for the law on domestic violence.

Unit-2
Teaching Hours:10
Domestic Violence: Conceptual Analysis
 

 

Magnitude and forms of domestic violence, violence against women, elder abuse, child abuse, causes of domestic violence- theoretical explanations, international human rights interventions, definition of violence under criminal law, civil law and special laws.

 

Unit-3
Teaching Hours:10
Indian Experience: General Law
 

Indian legal framework in addition to the PWDVA- an outline, criminal law, law of torts, other specific legislations, critical analysis, need for a specific law, campaign for PWDVA, initiatives by Lawyer’s Collective.

Text Books And Reference Books:
  1. Ending Violence Against Women, Study of the Secretary General, UN (United Nations Publication, 2006).
  2. Savistri Gooneskre (Ed.), Violence, Law And Women’s Rights In South Asia (Sage Publications, 2004).
  3. Indira Jaising (Ed.), Handbook On Domestic Violence( Lexis Nexis, 2009).
  4. Swati Shirwadkar (Ed.), Family Violence In India (Rawat Publications, 2009).
  5. A K Singh Et al., Domestic Violence Against Women In India (Madhav Books, 2009)
  6. MamtaRao, Law Relating To Women And Children (Eastern Book Company, 2010)
Essential Reading / Recommended Reading

1. Krista Jannson, British Crime Survey: Measuring Crime for 25 Years, available at http://webarchive.nationalarchives.gov.uk/2010218135832/rds.homeoffice.gov.uk/rds/pdfs07/bcs25.pdf

2. Dorothy Q. Thomas and Michele E. Beasley, Domestic Violence as a Human Rights Issue at http://www.jstor.org/stable/762650

3. JamesRobertsChapman, Violence against Women as a Violation of Human Rights in social Justice, Vol. 17, No. 2 (40), Criminality, Imprisonment & Women's Rights in the 1990s available at http://www.jstor.org/stable/29766541

4.World Health Organization, Global and Regional Estimates of Violence against Women, http://apps.who.int/iris/bitstream/10665/85239/1/9789241564625_eng.pdf

5.India Shadow report on CEDAW at www.un.ac.in

6. http://www.un.org/womenwatch/daw/vaw/v-sg-study.htm

 

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%

BBL6E5 - SECURITIES LAWS (2019 Batch)

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

Course Objectives/Course Description

 

DESCRIPTION

The stock market and the laws governing it are most sought after branch of law in legal studies. The new era of legal practice has born under securities law branch which is gaining pace. The course is set for undergraduate level hence, the Course aims towards providing working knowledge of the securities laws and related legal compliance procedures to the students. The Course consists of vital information that enables students in understanding and identifying legal issues and challenges in this branch of law. The course also brings in various contemporary topics in the syllabus which will prepare students to the most updated information in this branch. The course also aims to bring in multidimensional approach to the course by bringing other related laws into the syllabus like consumer protection, tax laws, and company law. We expect every student undergoing this course to have attained or achieved the knowledge, competencies, and understanding as described. In achieving these goals, each student must follow the School of Law rules and regulations.

 

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

 

Course Outcome

CO1: Identify and describe the legal issues in the administration and regulation of securities environment.

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

CO3: Apply and Critique the efficacy of legal compliances and legal regime in securities environment.

Unit-1
Teaching Hours:8
Module I Genesis and Development of Regulatory Framework
 

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

Unit-2
Teaching Hours:8
Module II Securities Market and Instruments
 

 

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

 

 
Unit-3
Teaching Hours:9
Module III Securities Market infrastructure
 

 

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

 
Text Books And Reference Books:

 

  1. Avdhani. V.A, Himalaya Publishing House, 2018, Investment and Securities Markets in India.
  2. J. Kondaiah, Lexis Nexis, 2017, Securities Law
  3. Saha, Taxmann Publication, 2019, Capital market and Securities laws.
  4. Jain and Jain, Bharat Publications, 2018, Listing Obligations and Disclosure Requirements.
  5. Niti Bhasin, New Century Publications, 2012, Foreign Direct Investment In India.
  6. Khan. M. Y, Tata McGraw Hill Publication, 2019, Financial Services.
  7. Khan. M.Y., Indian Financial System, Tata McGraw Hill, 2019.
  8. K.P.M. Sundaram, P.N.Varshney, Sultan Chand and Sons, Banking theory, Law and Practice
  9. Dixit, Yadavand Jain, “Derivative markets in India: Trading, Pricing and Risk management”, Tata McGraw Hill, New Delhi.
  10. M. Sonarajah, “The International Law on Foreign Investment”, Cambridge University Press.

 

Essential Reading / Recommended Reading

 

  1. Farrar, John, H. and Hanniyan, Brenda, Farrr's Comp any Law, (1998) Butterworths, London.
  2. Gupta, S.N., the Banking Law in Theory and Practice, (2018) Universal, New Delhi. Tannan, M.L., Tannan's Banking Law and Practice in India, (2019) India Law House, New Delhi.
  3. Ramaiya, A., Guide to the Companies Act, (2018) Wadhwa and Co., New Delhi.
  4. Bhandari, M.C., Guide to Company Law Procedures, (2019) Wadhwa and Co., New Delhi.
  5. Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999) Butterworths, London.
  6. PurithavathyPandian, Vikas Publishing House, Delhi .Security Analysis and Portfolio Management.
  7. Kucchal. S.C, Chaitanya publishing House, 21st ed. Corporate Finance.
  8. Shekhar. K.C. ShekarLekshmy, Vikas Publishing House, 20th ed, Banking theory and Practice.
  9. Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions.
  10. Mithani.D.M, Himalaya Publishing House, Money banking, International trade and Public Finance.
  11. Singh Preeti, Himalya Publishing House, Investment management.
  12. G.VijayragvanIyenger, Excel books, New Delhi, Introduction to Banking.
  13. Bholey. L. M, Financial Institutions and Markets.

 

Evaluation Pattern

SCHEME OF VALUATION

 

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

BBL6E6 - RESEARCH METHODOLOGY (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 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 writing a research paper in this course.

Unit I deals with the Basics of legal research.

Unit II deals with the Research problem and Research design

Unit III deals with Research Methods

Unit IV deals with Research ethics and Report Writing

Course Outcome

CO1: Formulate a research problem and identify research questions.

CO2: Formulate a research problem and identify research questions.

CO3: Analyse the issues related to the applicability of scientific methods in legal research.

CO4: Apply appropriate research methods.

CO5: Evaluate as against other the different forms of research designs.

CO6: Draw appropriate suggestions and conclusions based on logical legal reasoning.

Unit-1
Teaching Hours:15
BASICS OF LEGAL RESEARCH
 

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

Unit-2
Teaching Hours:15
RESEARCH PROBLEM AND RESEARCH DESIGN
 

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

Text Books And Reference Books:

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

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

3.   I.L.I Legal Research And Methodology 

4.  Verma S K, Legal Research & Methodology

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

Essential Reading / Recommended Reading

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

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

3.         Morris L.Cohan, Legal Research in Nutshell

4.         Harvard Law Review Association, Uniform System of Citations

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

6.       Krishna Swami, Methodology of Research In Social Sciences

7.       Dr. Tewari H N, Legal Research Methodology

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

9.       Myneni S R, Legal Research Methodology

10.       Anwarul Yagin, Legal Research & Writing Methods

11.       Robert Watt, Concise Legal Research

 

Evaluation Pattern

 

•          CIA 1 - Assignment – Submission of Literature Review  & Viva                             20

•          CIA 2 - Statement of problem, research questions, research methodology            30

•          CIA 3 - Submission of Research paper/ Record/Attendance/ Coursera Course     10

•          Publication of Research paper in a reputed journal                                                    30

•          Viva                                                                                                                                       10

 

                                                                                                                               TOTAL               100

 

BBL761 - ADMINISTRATIVE LAW (2018 Batch)

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

Course Objectives/Course Description

 

Administration is an individual’s interface with the State. Due to radical change in the philosophy regarding the role and function of the state (from laissez faire to welfare), the opportunities of interaction with administration have increased manifold and continue to increase further. The situation is such that administrative actions impinges on every aspect of an individual’s life. Due to unprecedented rise in state intervention in an individual’s (whether citizen or non-citizen) life, the possibilities of accumulation of uncontrolled power and of arbitrariness in its exercise too has increased. This in turn has started adversely affecting legal rights granted to an individual by the law. Therefore, administrative law has been systematically developed as an instrument to ensure that the powers entrusted or delegated to the administrative authorities are exercised strictly in accordance with the law. Its rapid growth in the 20th century is regarded as the most significant development in the field of law. It deals with legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

1. To provide a detailed understanding regarding the functioning of administrative authorities with respect to citizens of India.

2. To analyse the legal framework governing public administration and role of executive powers.

Course Outcome

CO1: Comprehend and explain the different concepts and legal issues related to Administrative Law.

CO2: Critically examine the various reasons for increasing delegation of powers and its controls.

CO3: Apply a range of legal principles and analyse the abuse of discretionary and delegated powers by the public authorities.

CO4: Critically analyze the grievance mechanism for protecting the rights of citizens.

Unit-1
Teaching Hours:6
INTRODUCTION
 

Evolution, Nature and Scope of Administrative Law, Laissez-faire State, Social Welfare State, and Modern State, Comparative evolution, Definition, Nature and Scope, Relationship between Administrative Law and Constitutional Law. Classification of Functions, Doctrine of rule of Law, Doctrine of Separation of powers.

Unit-2
Teaching Hours:11
DELEGATED LEGISLATION AND QUASI LEGISLATION
 

Concept, Growth and Development, Classification, Comparative position in UK, USA and India, Excessive Delegation, Constitutional Limits, Control Mechanism.

Unit-3
Teaching Hours:12
NATURAL JUSTICE
 

Concept, Growth, nemo judex in causa sua, Rule against bias, audi alteram partem, Right to be heard, Recent requirements of Natural Justice-Reasoned decision & Right to legal Representation, Expanding Horizon of Natural Justice, Duty to Act Fairly & Legitimate Expectation, Other procedural norms, Exclusion of Natural Justice, Exceptions to Principles of Natural Justice, Effect of failure to comply with principles of Natural Justice.

Text Books And Reference Books:

1.     Jain M. P., and S. N. Jain, Principles of Administrative Law. Nagpur: Lexis Nexis, India, 2010.

 

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

 

3.     Basu, Durga Das. Administrative Law.

 

4.     Sathe, S. P. Administrative Law.LexisNexis, India, 2004 (2010).

 

5.     Massey, I. P. Administrative Law. Lucknow: Eastern Book Co., 2008.

 

6.     Takwani, C. K. Administrative Law. Lucknow: Eastern Book Co., 1980.

 

7.     Wade, H. R. W. Administrative Law. New York: Oxford University Press, 2000.

 

8.     Administrative Law - Leading Cases Materials & Q.A. – Ashok K.Jain

 

9.     Administrative Law - Prof. U.P.D.Kesari & Dr. Aditya Kesari

 

10.  Administrative Law – Dr. Kailash Rai

 

Essential Reading / Recommended Reading
  1. Upendra Baxi, Developments In Indian Administrative Law, Public Law in India, 1982.
  2. A.V. Dicey, Introduction to the Study of the law of the Constitution, London, 1931.
  3.  V.N. Shukla, Constitution of India, 2008.
  4.   M.P. Jain, Indian Constitutional Law, Lexis Nexis, 2018.
Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic/Group Activity                        – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

BBL764 - PUBLIC INTERNATIONAL LAW (2018 Batch)

Total Teaching Hours for Semester:80
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—the former to foundationalize their knowledge and the latter to help them explore their career or academic interest in international law.

 

Unit 1 is designed to introduce students to the public international law and the nature of international law as distinct from national legal systems. Unit 2 gives the foundation to research in international law by acclimatizing the students with the traditional and modern sources. Unit 3 deals with the implementation of international law in the national legal systems and the principles pertaining to the same. Unit 4 discusses the law of the treaties which is the foremost source of international law. Units 5 to 9 discuss the various prominent concepts in international law such as statehood, sovereignty, jurisdiction, nationality etc along with the allied topics such as law of the sea.  Unit 10 deals with the pacific settlement of international disputes and the jurisdiction 7 jurisprudence of the International Court of Jurisdiction, ICSID, WTO DSB and the ITLOS.

Course Outcome

CO 1: Demonstrate comprehensive and accurate knowledge and understanding of those aspects of public international law which have been identified in the indicative syllabus above.

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

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

CO4: Critically analyse complex problems in public international law, apply the legal principles studied to these problems, evaluate competing arguments and present well-supported conclusions, both orally and in writing.

CO5: Analyse both primary and secondary sources of public international law, including international treaties, with minimal guidance.

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

Unit-1
Teaching Hours:8
INTRODUCTION TO INTERNATIONAL LAW
 

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

Unit-2
Teaching Hours:9
SOURCES OF INTERNATIONAL LAW
 

·         Source Doctrine in International Law (Art.38(1) of the Statute of ICJ)

·         Is there a hierarchy of sources in international law?

·         Relative normativity in international law (the “soft law” discourse)—e.g. Friendly Relations Declarations, 1970, NIEO Declaration, 1974 etc.

Unit-3
Teaching Hours:6
RELATIONSHIP BETWEEN MUNICIPAL LAW AND INTERNATIONAL LAW
 

·         Relationship between international law and municipal law—monism and dualism

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%

BBL782 - LAW OF BANKING (2018 Batch)

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

Course Objectives/Course Description

 

Unit 1 introduces students to the fundamental concepts of banking and banking law. Unit 2 deals with the provisions of the Banking Regulation Act. Unit 3 introduces students to the different types of banking institutions in India. Unit 4 deals with the banker-customer relationship. Unit 5 deals with different forms of borrowing and their legal aspects. Unit 6 acquaints students with the banking operations. Unit 7 elaborates on securing bank loans with bank guarantee while Unit 8 deals with collateral security. Unit 9 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.

 

  1. Debate on the efficacy of the laws relating to the recovery of debts due to banks and financial institutions.

 

6. Familiarize the students with the need for integrating technology in modern banking operations and its legal implications.

 

Course Outcome

CO1: 1. Identify the laws, principles, and concepts relating to disputes that involve banking companies

CO2: 2. Understand the historical evolution of banking laws

CO3: 3. Solve legal issues between banker and customer arising out of disputes from different types of bank accounts

CO4: 4. Apply the laws, rules, and policies for securing loans, advances, bank guarantee, and related banking operations.

CO5: 5. Draft arguments in matters covering debt recovery by banks and financial institutions.

CO6: 6. Evaluate the applicability of laws and principles for e-banking operations.

UNIT 1
Teaching Hours:6
INTRODUCTION
 

Evolution of banking institutions, services of banks , Functions of commercial banks, social control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve Bank of India and its role , functions of the Reserve Bank of India ,RBI and commercial banks

UNIT 2
Teaching Hours:8
BANKING REGULATION ACT, 1949
 

 

Business of banking companies – National banks, management of national banks – control over management – Acquisitions of the undertakings of banking companies in certain cases, suspension of business and winding up of banking companies – Special provisions for speedy disposal of winding up proceedings

UNIT 3
Teaching Hours:6
NATURE OF BANKER-CUSTOMER RELATIONSHIP AND KINDS OF BANK ACCOUNTS
 

 

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.

Text Books And Reference Books:

  1. Cranston, Ross. Principles of Banking Law. New York : Oxford University Press, 1997.
  2. Tannan, M. L. Tannan’s Banking Law and Practice in India. New Delhi: LexisNexis ButterworthsWadhwa, 2010.
  3. Blair, William. Banking and Financial Services Regulation. London: Butterworths, 1998.
  4. Misra, Ranganath. Bhashyam and Adiga’sThe Negotiable Instruments Act. 18thed. New Delhi: Bharat Law House, 2010.
  5. Faizi, O. P. Khergamvala on The Negotiable Instruments Act. 19thed. New Delhi: LexisNexis Buterworths, 2003.
  6. Sharma, K. M., and S. P. Mago. The Negotiable Instruments Act, 1881. Jodhpur: Unique Law Publishers, 2005.
  7. Hapgood, Mark Q C. Paget’s Law of Banking. 13thed. New Delhi: LexisNexis Butterworths, 2007.
  8. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.
  9. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.
  10. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
  11. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.
  12. Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.
Essential Reading / Recommended Reading
  1. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University Press, 2006.
  2. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed. London: Sweet & Maxwell, 2000.
  3. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
  4. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications, 2004.
  5. Sen Gupta, S. P. Commentaries on Negotiable Instruments Act, 1881. 2nd ed. Kolkata, Kamal Law House, 2005.
Evaluation Pattern

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

·       CIA II – Mid Semester Examination                                 – 25%

·       CIA III – Research Topic                                                     – 10%

·       Attendance                                                                            – 05%

·       End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL783 - LAW OF INSURANCE (2018 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION: This course is designed to 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 3-6). The regulatory framework of insurance business in India has been discussed in Unit 7 and 8. Reference is made to insurance law and practices in other jurisdictions where applicable.

COURSE OBJECTIVES:

The course aims:

1. To provide an understanding of the basic concepts and fundamental principles of insurance

2. To explain the essentials of contract of insurance with respect to different classes of insurance

3. To provide the knowledge and understanding of the laws with respect to the operation of different classes of insurance in India

4. To provide an understanding of the procedure for settlement of insurance claims with respect to different classes of insurance

5. To develop an understanding of the clauses and the rules for the construction of the insurance policy

6. To discuss the regulatory framework of insurance business in India

Course Outcome

1: to describe the history, development and growth of insurance sector in India

2: to demonstrate comprehensively the basic concepts of insurance & fundamental principles of insurance

3: to apply fundamental principles of insurance to given insurance situations & problems

4: to analyze various clauses & documents used in insurance contracts

5: to explain the basic elements in life insurance, fire insurance, marine insurance

6: to analyze the challenges in health insurance & motor vehicle insurance sectors

7: to identify the authorities in the insurance sector of India, their working & functions

UNIT 1
Teaching Hours:8
INTRODUCTION
 

Concept, nature & importance of insurance, Historical background, Development and growth of insurance industry in India, Theories of Insurance, Nationalization of insurance business in India, Entry of private players, Emerging trends in insurance sector – Impact of the Insurance Laws (Amendment) Act, 2015.

UNIT 2
Teaching Hours:12
GENERAL PRINCIPLES OF INSURANCE LAW
 

Essentials of insurance law, Provisions of the Constitution, Principles of insurance - insurable interest, good faith, indemnity, subrogation, contribution, proximate cause, mitigation of loss, reinsurance,  Insurance and consumer protection, Double Insurance, Premium- definition- mode of payment-days of grace-forfeiture- return of the premium.

UNIT 3
Teaching Hours:10
LIFE INSURANCE
 

Nature of life insurance, Difference with other insurance,  Formation of Life insurance contract, Assignment. Nominations, Risks covered in life insurance, events insured in Life Insurance, circumstances affecting the risk, amount recoverable under Life Policy, Persons entitled to payment, Settlement of Claim and Payment of Money.

Text Books And Reference Books:

1.  Murthy, K. S. N. and K. V. S. Sarma. Modern Law of Insurance in India. 5thed. New Delhi: LexisNexis, 2014

2. Rastogi, Sachin, Insurance:Law & Principles, 1st edition: LexisNexis, 2014

3. Taxmann’ s Guide to Insurance Act as amended by Insurance Laws (Amendment) Act 2015

4. Varshney, Gaurav, Insurance laws, Lexis Nexis ,2017

 

5. MN Srinivasan & K Kannan, Principles of Insurance Law, Tenth Edition 2017   

Essential Reading / Recommended Reading

1. SV Joga Rao, M. N. Srinivasan's Principles of Insurance Law. 9th ed. Gurgaon: LexisNexisButterworthsWadhwa Nagpur, 2009.

2. Mitra, B.C, Law relating to Marine Insurance, 5th ed. 2012

     3.  Jaiswal, J. V. N. Law of Insurance. Lucknow: Eastern Book Co., 2008.

     4. Bhargava, B. P. (Ed.) Rajiv Jain’s Insurance Law & Practice. 2nded. New Delhi: Vidhi Publishing Pvt. Ltd., 2006.

     5.  Singh, Avtar. Law of Insurance. 2nd ed. Lucknow:  Eastern Book Co., 2010.

     6. John Bird, “Bird’s Modern Insurance Law” 8th edition, Sweet & Maxwell, London 2010.

     7. Lowry John, Rawlings Philip & Merkin Robert, Insurance Law: Doctrines and Principles, 3rd ed., Bloomsbury (2011) 

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                         – 25%

·         CIA III – Research Topic/Class test/Moot Court                       – 10%

·         Attendance                                                                              – 05%

·         End Semester Examination                                                      – 50%

 

                                                                                  TOTAL 100%

BBL7E1A - LAW OF TRADEMARKS (2018 Batch)

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

Course Objectives/Course Description

 

Law of Trademarks will orient students with an International regime for the protection of Trademarks and its due observance in national legislations. It will help to know the scope and ambit of domestic legislations and principles underlined therein. This course will develop critical thinking and will reflect upon new jurisprudence evolved by Indian judiciary in relation to Trademarks. A comprehensive understanding of Law of Trademarks can serve as a sound foundation for further development of the knowledge.

Course Outcome

CO1: Identify and describe the basic requirement of trademarks protection

CO2: List out the rights enjoyed by trademarks owners.

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

CO4: Analyse the principles related to infringement of trademarks and passing off.

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

CO6: Propose a solution to the existing problems of trademarks law in India.

Unit-1
Teaching Hours:7
INTRODUCTION
 

1.1  Meaning and Characteristics of Trademark as a property.

1.2  Evolution and Development  of Trademark law in India

1.3  Functions of Trademark

 

Unit-2
Teaching Hours:10
INTERNATIONAL DEVELOPMENT AND DIMENSIONS OF TRADEMARK PROTECTION
 

2.1 Paris Convention for the protection of Industrial Property 1883

2.2 Trade Related Aspects of Intellectual Property Rights (TRIPS) 1995.

2.3 Madrid System for International Registration of Marks

a) Madrid Agreement concerning the International Registration of Marks1891

b) Protocol relating to the Madrid Agreement 1989.

2.4 Trademark law Treaty 1994

2.5 Nice Agreement 1957

 

Text Books And Reference Books:

1.     Ashwani Kumar Bansal, Law of Trademarks in India, 1st ed., Commercial Law Publishers Pvt. Ltd. (2003)

2.     Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

3.     Correa M. Carlos, Oxford Commentaries on the GATT/WTO agreements: Trade Related Aspect of Intellectual Property Rights, 1st ed., Oxford Press (2007)

4.     Dana Shilling, Essentials of Trademarks and Unfair Competition, 1st ed., Wiley (2006)

5.     Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005)

6.     Draft Manual for Trademarks Practices and Procedures (Available in the Library in Study Material Section)

7.     Jeremy Phillip, Trademarks Law: A Practical Anatomy, 1st ed., Oxford Press (2003)

8.     K. C. Kailasam and Ramuvedaraman, Law of Trade Marks and Geographical Indications: Law, Practice and Procedure, Second Edition (Reprint), Wadhava Nagpur (2007) 

9.     Narayanan P.S., Law and Trademarks and Passing Off, 5th Ed. Eastern Law House (2000)

10.  Rodney D Ryder, Trademarks Advertising and Brand Protection, 1st ed., MACMILLAN India Ltd. (2006)

11.  UNCTAD-ICTSD, Resource book on TRIPS and Development, Cambridge University Press (2005)

12.  V. K. Ahuja, Intellectual Property Rights in India, 1st ed., Volume 1, LexisNexis Butterworths Wadhva (2009)

 

Essential Reading / Recommended Reading

1.     Ashwani Kumar Bansal, Law of Trademarks in India, 1st ed., Commercial Law Publishers Pvt. Ltd. (2003)

2.     Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights, 1st ed., Sweet and Maxwell (2007)

3.     Correa M. Carlos, Oxford Commentaries on the GATT/WTO agreements: Trade Related Aspect of Intellectual Property Rights, 1st ed., Oxford Press (2007)

4.     Dana Shilling, Essentials of Trademarks and Unfair Competition, 1st ed., Wiley (2006)

5.     Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005)

6.     Draft Manual for Trademarks Practices and Procedures (Available in the Library in Study Material Section)

7.     Jeremy Phillip, Trademarks Law: A Practical Anatomy, 1st ed., Oxford Press (2003)

8.     K. C. Kailasam and Ramuvedaraman, Law of Trade Marks and Geographical Indications: Law, Practice and Procedure, Second Edition (Reprint), Wadhava Nagpur (2007) 

9.     Narayanan P.S., Law and Trademarks and Passing Off, 5th Ed. Eastern Law House (2000)

10.  Rodney D Ryder, Trademarks Advertising and Brand Protection, 1st ed., MACMILLAN India Ltd. (2006)

11.  UNCTAD-ICTSD, Resource book on TRIPS and Development, Cambridge University Press (2005)

12.  V. K. Ahuja, Intellectual Property Rights in India, 1st ed., Volume 1, LexisNexis Butterworths Wadhva (2009)

 

Evaluation Pattern

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

•       CIA II – Mid Semester Examination –    25% 

•       CIA III – Research Topic –    10% 

•       Attendance –     05% 

•       End Semester Examination –     50% TOTAL 100%

 

BBL7E1B - INTERNATIONAL HUMANITARIAN LAW (2018 Batch)

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

Course Objectives/Course Description

 

This course explores the development and operation of International Humanitarian Law (IHL), which is the body of public international law that regulates conduct during armed conflict. Although IHL is the expression most widely used, the same body of law is often, and more correctly, referred to as Law of Armed Conflict (LOAC), and occasionally referred to as Law of War or as Jus in Bello.

International humanitarian law is the body of law that regulates armed conflict.  It seeks to limit the effects of armed conflict by regulating the means and methods of warfare and by protecting persons who are not or are no longer participating in the hostilities.

IHL has long been a part of public international law, but has only been subject to treaty since the end of the 19th century.  Traditionally, conventional IHL has been divided into the Law of The Hague (concerned with methods and means of warfare) and the Law of Geneva (concerned with protection of victims of war).  While most IHL treaties were designed to regulate armed conflict between states (international armed conflict), the trend in 21st century warfare has been toward internal armed conflicts that often involve the armed forces of numerous states, some of which are using technologies that were unheard of when the Geneva Conventions and their Additional Protocols were created. 

IHL is related to other fields of public international law, in particular to International Criminal Law and to International Human Rights Law. The course will consider the modern dynamic of these bodies of law, and more importantly, examine how they may affect future military operations. 

Course Outcome

CO1: Identify the origin of humanitarianism while evaluating historical events like the Nuremberg and Tokyo tribunals.

CO2: List out the different sources of International Humanitarian law.

CO3: Apply the rules governing the conduct of hostilities such as the General Limitations on the methods and means of hostilities.

CO4: Analyse the rules in the International humanitarian law framework that prohibit or allow the use of certain weapons.

CO5: Evaluate as against the functioning of international criminal jurisdiction, universal jurisdiction and grave breaches of Geneva Conventions.

Unit-1
Teaching Hours:12
INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW
 

Nature and Definition of IHL — Historical Background and Origins of IHL -  Inter-state resort to force and international law – Prohibition and Exceptions - Use of Force and International Humanitarian Law (IHL) – Relationship between ius ad bellum and ius in bello.

Unit-2
Teaching Hours:10
IHL AS A PART OF INTERNATIONAL LAW
 

Sources of Modem IHL -Development of the Geneva Conventions and Additional Protocols.

Text Books And Reference Books:
  1. Cahill, Kavin M., Basics of International Humanitarian Missions (Ny: Fordham University Press, 2003).
  2. Geza, Herczegh, Developments of International Humanitarian Law (AkademiaiKiado, Budapest, 1984).
  3. Henckaerts, Jean-Marie and Beck-Doswald, Louise, Customary International Humanitarian Law (Cambridge University Press, Uk, 2005).
  4. Hingorani, R. C., Humanitarian Law (Oup, New Delhi, 1987).
  5. Lattimer, Mark and Sands, Philippe (Ed.), Justice for Crimes against Humanity (Hart Publishing, Usa, 2003).
  6. Sinha, Manoj Kumar, Humanitarian Intervention by The United Nations (Manak Publishers, New Delhi, 2002).
Essential Reading / Recommended Reading
  1. Teson, Fernando, R., Humanitarian Intervention: An Enquiry into Law and Morality (Transnational Publishers, New York, 1997).
  2.  Welsh, Kavin M., Humanitarian Interventions and International Relations (Oxford University Press, New York, 2004).
  3. Kolb and Hyde, An Introduction to International Law of Armed Conflicts, Hart Publishing, Portland, USA, 2008.
  4. M.K. Balachandran And Rose Verghese (Eds.) – International Humanitarian Law ICRC (1997)
Evaluation Pattern
  1. ·         CIA I – Class Test / Assignment / Presentation            – 10%
  2. ·         CIA II – Mid Semester Examination                                 – 25%
  3. ·         CIA III – Research Topic                                                     – 10%
  4. ·         Attendance                                                                            – 05%
  5. ·         End Semester Examination                                                – 50                                                                                               TOTAL 100%

BBL7E2A - COMPARATIVE CONSTITUTIONAL LAW (2018 Batch)

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

Course Objectives/Course Description

 

Course Description: The course 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 comparison 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 comparison with India. Unit 4 discusses the organization of legislative and executive powers in USA, UK and France and compares with India. 

Course Objectives: The course intends to provide a comparative study and analysis of the forms of Government; organization of Legislature, Executive and Judiciary and their powers in the perspective of Indian polity. Further, it aims at providing an understanding of the evolution of ‘Rights’ in three major democracies and their impact on the concept of ‘right’ in India.

Course Outcome

CO 1: Explain the significance of comparative constitutional law study

CO 2: Compare and evaluate the Indian constitutional law with three major constitutional democracies

CO 3: Compare the working of the judiciary and judicial process in India with three major constitutional democracies

CO 4: Explain and compare the law making process in India

CO 5: Analyze the constitutional foundation of functioning of the government in major democracies

CO 6: Demonstrate an understanding of the growth of the concept of ?Right? across democracies.

CO 7: Construct a theory of government.

Unit-1
Teaching Hours:15
FORMS OF GOVERNMENT
 

Presidential and parliamentary form -    Government under USA constitution  -  Government under  French Constitution  -  Nature of government in U.K -  Comparison with the  government in India

Unit-2
Teaching Hours:15
THE EVOLUTION AND DEVELOPMENT OF CIVIL RIGHTS
 

Evolution of Rights of in U.K, USA and France - Status of the rights in U.K -Status of the rights in USA - :  Status of the rights in France - Comparison with the status of Rights in India

Text Books And Reference Books:

                                                                                                TOTAL 100%

SUGGESTED READINGS

1.      K.C.Wheare, Modern Constitutions.

2.      Dauglus W.O, Studies in Indian and American Constitutional Law.

3.      A.V.Dicey, Introduction to the Study of Constitution.

4.      Rotunda and Nowak, Treatise on American Constitution.

5.      Bernad Schwartz Commentary on American Constitution

6.      E.S.Venkataramaiah, Federalism Comparative Study

7.      Mason and Beany, American Constitutional law

8.      Rodney Brazier, Constitutional Practice.

9.      Godfrey and Blondel, The French Constitution and Government.

10.  Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

11.  Vicki C. Jackson, Mark V. HYPERLINK "http://www.google.co.in/search?tbo=p&tbm=bks&q=inauthor:%22Mark+V.+Tushnet%22"Tushnet, Comparative Constitutional Law

12. BhagwanVishnoo, BhushanVidya, World Constitutions

Essential Reading / Recommended Reading

                                                                                                TOTAL 100%

SUGGESTED READINGS

1.      K.C.Wheare, Modern Constitutions.

2.      Dauglus W.O, Studies in Indian and American Constitutional Law.

3.      A.V.Dicey, Introduction to the Study of Constitution.

4.      Rotunda and Nowak, Treatise on American Constitution.

5.      Bernad Schwartz Commentary on American Constitution

6.      E.S.Venkataramaiah, Federalism Comparative Study

7.      Mason and Beany, American Constitutional law

8.      Rodney Brazier, Constitutional Practice.

9.      Godfrey and Blondel, The French Constitution and Government.

10.  Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

11.  Vicki C. Jackson, Mark V. HYPERLINK "http://www.google.co.in/search?tbo=p&tbm=bks&q=inauthor:%22Mark+V.+Tushnet%22"Tushnet, Comparative Constitutional Law

12. BhagwanVishnoo, BhushanVidya, World Constitutions

Evaluation Pattern

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%

BBL7E2B - NUCLEAR LAW (2018 Batch)

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

Course Objectives/Course Description

 

COURSE OBJECTIVES:

1.      Provide Students with a 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 the use of nuclear technology under the ambit of international law.

3.      Study of India’s legal framework with respect to nuclear technology

Course Outcome

CO1: Identify the historical evolution of nuclear law, globally and in India.

CO2: List out the general principles of nuclear law.

CO3: Apply the legal framework of regulatory bodies and procedure of establishment of nuclear power plants.

CO4: Analyze the laws of functions of regulatory bodies, the process of licensing, laws of inspections and enforcement.

CO5: Evaluate as against other the international treaties and instruments on nuclear weapons.

CO6: Propose a solution to the issues related to the liability regime and insurance for nuclear damage through the various case studies.

Unit-1
Teaching Hours:10
Introduction to nuclear law
 

Introduction  to nuclear law– historical evolution of nuclear technology – uses of nuclear technology –peaceful uses of nuclear energy- application of nuclear power and techniques –Financial and economic consideration for acquiring nuclear energy – Nuclear accidents –case studies – Winsacle-Kyshtym-Three Mile island- Chernobyl - The Atomic Energy Act, 1962

Unit-2
Teaching Hours:10
International institutions and organizations
 

International institutions and organizations – International commission on radiological Protection- UN scientific Committee on effects of Atomic Radiation – International Atomic energy Agency- Role of IAEA – nuclear Energy Agency- Global Nuclear energy partnership- Atomic Energy Commission of India – Nuclear Safety Advisory committee - International trade in nuclear materials and equipment

Text Books And Reference Books:

 

  •     Nuclear weapons under International Law, Gro Nystuen, Stuart Casey, Cambridge University    Press, United Kingdom, 2014.
  •     The use of Nuclear Weapons and the protection of Environment During International Armed Conflict, Erik Koppe, Hart Publishing , Oxford and Portland, 2008.

 

Essential Reading / Recommended Reading

1. History of Nuclear non-Proliferation, Author: Imrana Gull, Pakistan Horizon, Vol. 53, No. 2/3 (April-July 2000)

2. The Ambivalence of Nuclear Histories, Itty Abraham, Osiris, Vol. 21, No. 1, Global Power Knowledge: break Science and Technology in International Affairs

3. Law on the Peaceful Uses of Nuclear Energy: Key concepts. By Diane de Pompignan

4. Handbook on Nuclear law 2010

5. Handbook on Nuclear law: Implementing legislation

6. The legality of the Threat or Use of Nuclear Weapons and the Logic of Nuclear Deterrence: A Legal-Sociological Analysis Author(s): Kazuko Hirose Kawaguchi Source: Proceedings of the Annual.

7. Courting Controversy: International Law, National Norms and American Nuclear Use: Theo Farrell and Hélène Lambert: Review of International Studies, Vol. 27, No. 3 (Jul. 2001), pp. 309-326, Published by Cambridge University Press

8. IAEA SAFETY STANDARDS SERIES No. SSR-5- Disposal of radioactive waste, pp.10-28

9. The impact of the Chernobyl accident on international nuclear energy law Author(s): NORBERT PELZER Source: Archiv des Völkerrechts,

10. Internationales Atomrecht / International Nuclear Energy Law (1987), pp. 294-311 Published by Mohr Siebeck GmbH &amp; Co. KG

Evaluation Pattern

SCHEME OF VALUATION

  • CIA I – Class Test / Assignment / Presentation                          – 10%
  • CIA II – Mid Semester Examination                                        – 25%
  • CIA III – Research Topic                                                         – 10%
  • Attendance                                                                              – 05%
  • End Semester Examination                                                      – 50%

                                                                                                    TOTAL 100%

BBL7E3A - CYBER LAW (2018 Batch)

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

Course Objectives/Course Description

 

 

Course Description: Cyber law has emerged as medium for growth with immense potentials for solving many new and interesting challenges.  The course aims at appreciating one of the important emerging areas of law and the nitty-gritty involved in it. This introduces the students to the underlying philosophy of the subject and its relation to other areas focusing on human rights.

UNIT 1 is designed to introduce students to the role of law in technology, especially internet and is designed to give a brief overview of the historical aspects of internet. UNIT 2 acquaints the students with the regulation of digital environment. UNIT 3 deals with human rights issues of information technology, while UNIT 4 deals with tort of defamation through digital media. UNIT 5 deals with privacy issues of information technology. UNIT 6 deals with cyber-crimes.

Course Objectives:The course aims to

  • Gain an understanding of the underlying philosophy of cyber law and its relation to information technology.
  •   Facilitate an overall understanding on needs for regulation of information technology in India
  • Impart basic idea of information technology and its relation to other areas focussing on human rights 
  • provide professionsl solutions to real time problems like defamation
  • acquaint with legal challenges arising out of privacy issues awareness about the various kinds of cyber crimes and legal issues and cases

Course Outcome

At the end of the course students will be able to 

  1. Apply the provisions of Information Technology Act
  2. Identify the need for regulation of Information technology and various regulatory models.
  3. Evaluate as against others the interface between different human rights instruments and challenges faced by information technology.
  4. Analyse the laws related to defamation through information technology
  5. propose a solution to privacy related issues due to use of computer technology.
  6. List out the legal challenges of the information society and the different forms of cyber crimes.

Unit-1
Teaching Hours:10
LAW AND TECHNOLOGY, INFORMATION SOCIETY, MEANING OF INFORMATION
 

Introduction digitization, Analog v Digital content, Introduction to Internet – ACLU v Reno, Digitization and Society, Legal Challenges of the Information Society - origin of cyberspace - Internet as source of regulatory arbitrage

Unit-2
Teaching Hours:10
REGULATION OF DIGITAL ENVIRONMENT
 

Cyber-liberarinism, Cyber-paternalism, Lessig’s model of regulation, Network communitarianism,   Regulators in cyberspace – state and private entities

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%

BBL7E3B - GENDER, DIVERSITY AND INCLUSION IN ORGANIZATIONAL MANAGEMENT (2018 Batch)

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

Course Objectives/Course Description

 

This elective 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. It is advisable that students have done course work or electives in the field of gender before taking up this elective.

 

Course Objective:    This course has the following objectives:

i.                 This course will equip the students with knowledge of current developments in Organizational practices relating to Gender, Diversity and Inclusion.

ii.              The course adds value as it strengthens communication & problem solving skill by practice of  persuasive, clear and succinct language developed through role play.

 

iii.            The students will be able to develop an understanding of valuing all talent   and   using   everyone’s   full   potential   for   beneficial   effects   on individuals, organisations and society.

 

Course Outcome

CO1: Analyze the challenges women face in workplace

CO2: The students will be able to analyze the need for gender diversity & gender balance as an organizational policy.

CO3: The students will be able to analyze their reactions in social interactions in the workplace having acquired conceptual tools and experiential data.

CO4: The students will be able to develop knowledge and skill to address gender balance in organizations.

CO5: The students will be able to build a practical plan in gender balance in organizations through empirical research methods.

Unit-1
Teaching Hours:10
UNIT 1 - ADDRESSING UNCONSCIOUS BIAS
 

 

-          Gender Equality, Sexual Diversity and Arbitrary Discrimination

-          Basic Concepts and Definitions

-          Sexual Practices and Orientations

Unit-2
Teaching Hours:10
UNIT 2 - HISTORY OF THE FIGHT AGAINST DISCRIMINATION DUE TO GENDER AND SEXUAL ORIENTATION
 

 

-          History of the fight against Gender discrimination

-          History of the movement of Sexual Minorities

Text Books And Reference Books:

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.

 

Essential Reading / Recommended Reading

Lloyd's Introduction to Jurisprudence Paperback by Professor Michael Freeman

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%

BBL7E4A - EARTH JUSTICE- DEVELOPING A NEW JURISPRUDENCE (2018 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION:

‘The poetry of earth is never dead’

On the Grasshopper and Cricket, John Keats

Laws that protect the environment have always taken an anthropocentric approach and this has led to a situation wherein the environment is protected for humans and not for its own sake. While there has been a notable change in the conceptualisation of rights and an added importance been meted out to duties, times have changed in so far as extending such moral rights to entities beyond humans are concerned. The earlier notion that only humans need be considered- or are the only worthy component, has been challenged. It has been highlighted that there is no need to consider them as separate; but rather they form one part of a larger community. Thus, by extending this concept of intrinsic value, ethical and moral rights are provided to all entities. This course aims to deal with the much-needed shift from an anthropocentric approach to a more desirable approach- an eco-centric one.  This is in line with the Sustainable Development Goal 12.8 which lays down that by 2030, we should ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature.

COURSE OBJECTIVES

1.     To enable an understanding of the theories of environmental governance which shapes policies and legal systems around the world.

2.     To initiate debate among students as regards the very basis of environmental law as we know of and help them achieve a better understanding of how environmental law should be.

3.     To enable the students to appreciate and understand the different legal and policy initiatives which foster an eco-centric approach and the challenges that need be overcome to make it a reality.

4.     To foster a critical approach and to develop creative thinking in students in order to help them deconstruct the current environmental legal regime and propose a change towards attaining an Earth-centric approach- Earth Justice.

5.     To provide a roadmap to achieve Goal 12.8 of the Sustainable Development Goals.

Course Outcome

CO 1: Critically analyse the existing environmental legal regime and identify its shortcomings.

CO 2: Understand that the anthropocentric approach that environmental laws follow is intrinsically wrong and there needs to be a paradigm shift in the way in which environmental law is conceived.

CO 3: Evaluate the difference between the existing anthropocentric approach and the proposed eco-centric approach, and relate to the latter which will help them have a better understanding of their role and responsibilities in this world

CO 4: Apply legal theories to the natural world, thereby creating an extension of environmental, constitutional, human rights and international law and Earth Jurisprudence

CO 5: Hone their earth-advocacy skills by considering ethical, moral and legal rights of all life-forms and other entities, and be an Earth Lawyer.

CO 6: Identify a roadmap towards achieving Goal 12.8 of the Sustainable Development Goals.

Unit-1
Teaching Hours:6
Preliminaries
 

Learning Outcome: This Unit aims at putting across the basic problems that plague the environmental legal regime, the wrong approach they take, and the reason as to why they fail. On completion, the student will be able to identify the need, the necessity and the rationale for a revamped legal system.

Conceptualization, Issues - Why do environmental laws fail? Need for an Ethical Framework of Law, Foundational basis of People over Nature, Instrumental value

Unit-2
Teaching Hours:8
DOES NATURE HAVE RIGHTS?
 

Learning Outcome:  The Unit puts across the concept of standing and the student will learn as to why the same need be extended to entities apart from humans as well. It also will help them evaluate the judicial interventions in this respect and as to whether they have served a purpose.

Standing- Legal Basis of standing, Extension of standing, Judicial interventions, PIL

Text Books And Reference Books:

1.     Suo Motu v. Chandigarh Administration, CWP 18253/2009 decided on 02/03/2020

2.     Report of the United Nations Secretary General, Harmony with Nature, July 2020, available at https://undocs.org/en/A/75/266

3.     Supplementary report 2020, United Nations Secretary General, Harmony with Nature, available at http://files.harmonywithnatureun.org/uploads/upload1019.pdf.

4.     Dr. Manjeri Subin Sunder Raj, Earth Justice: Developing a New Jurisprudence, Thomson Reuters, Legal, Thomson Reuters South Asia Private Limited, 2019.

5.     Sustainable Development: Harmony with Nature, UN report, Dec 2019, available at https://undocs.org/en/A/RES/74/224

6.     Karnail Singh and others v. State of Haryana, CRR-533-2013, decided on 31/05/2019

7.     Narayan Dutt Bhat v. UOI Writ Petition (PIL) No. 43 of 2014, decided on 04/07/18.

8.     State of Uttarakhand and Ors. v. Mohammed Salim and Ors., Petition to Special Leave to Appeal No. 016879/2017.

9.     Lalit Miglani v. State of Uttarakhand and Ors, WP (PIL) No. 140 of 2015.

10.  Mohammed Salim v. The State of Uttarkhand Writ Petition (PIL) No.126 of 2014.

11.  David Boyd, The Rights of Nature: A Legal Revolution that could save the world, ECW, 2017.

12.  Cormac Cullinan, Wild Law: A Manifesto for Earth Justice, Chelsea Green Publishing, Vermont, 2011.

13.  Peter Burdon (Ed.), Exploring Wild Law, The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

14.  Cormac Cullinan, A History of Wild Law, in Peter Burdon (Ed.), Exploring Wild Law- The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

15.  Christopher Stone, Should Trees Have Standing? Law, Morality, and the Environment, Oxford University Press, London, 2010.

Essential Reading / Recommended Reading

1.     Suo Motu v. Chandigarh Administration, CWP 18253/2009 decided on 02/03/2020

2.     Report of the United Nations Secretary General, Harmony with Nature, July 2020, available at https://undocs.org/en/A/75/266

3.     Supplementary report 2020, United Nations Secretary General, Harmony with Nature, available at http://files.harmonywithnatureun.org/uploads/upload1019.pdf.

4.     Dr. Manjeri Subin Sunder Raj, Earth Justice: Developing a New Jurisprudence, Thomson Reuters, Legal, Thomson Reuters South Asia Private Limited, 2019.

5.     Sustainable Development: Harmony with Nature, UN report, Dec 2019, available at https://undocs.org/en/A/RES/74/224

6.     Karnail Singh and others v. State of Haryana, CRR-533-2013, decided on 31/05/2019

7.     Narayan Dutt Bhat v. UOI Writ Petition (PIL) No. 43 of 2014, decided on 04/07/18.

8.     State of Uttarakhand and Ors. v. Mohammed Salim and Ors., Petition to Special Leave to Appeal No. 016879/2017.

9.     Lalit Miglani v. State of Uttarakhand and Ors, WP (PIL) No. 140 of 2015.

10.  Mohammed Salim v. The State of Uttarkhand Writ Petition (PIL) No.126 of 2014.

11.  David Boyd, The Rights of Nature: A Legal Revolution that could save the world, ECW, 2017.

12.  Cormac Cullinan, Wild Law: A Manifesto for Earth Justice, Chelsea Green Publishing, Vermont, 2011.

13.  Peter Burdon (Ed.), Exploring Wild Law, The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

14.  Cormac Cullinan, A History of Wild Law, in Peter Burdon (Ed.), Exploring Wild Law- The Philosophy of Earth Jurisprudence, Wakefield Press, South Australia, 2011.

15.  Christopher Stone, Should Trees Have Standing? Law, Morality, and the Environment, Oxford University Press, London, 2010.

Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation         – 10%
  • CIA II – Mid Semester Examination                          – 25%
  • CIA III – Research Paper                                           – 10%
  • Attendance                                                                  – 05%
  • End Semester Examination                                        – 50%

                                                                                                  TOTAL 100%

BBL7E4B - LAW OF MERGERS AND ACQUISITIONS (2018 Batch)

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

Course Objectives/Course Description

 

 

This course provides the knowledge base for understanding the laws, principles and procedures of Mergers and Acquisitions. The course provides in-depth learning on the implications of M&A laws on the shareholders & other stakeholders of the company. This course commences with an introduction to the law of mergers and acquisitions. It deals with the concepts, reasons and issues in mergers and acquisitions under the Indian corporate legislations. Its further focuses on developing the competency of students to conduct due diligence for M&A transactions. M&A course aims to provide the students 1) Basic Understanding of different laws applicable to mergers and acquisitions 2) To Critically apply the skill of drafting a Scheme of Arrangement (SOA) 3) To prepare the process of due diligence 4) To learn the methods of preparing an M&A transaction. As a prerequisite, the student should know the basics of company law, securities laws and allied corporate laws.

 

Course Outcome

At the end of this course, students will be able to; 

·       To understand the legal landscape of mergers and acquisitions in India. 

·       To identify the specific nature of a corporate restructuring transaction and the legal issues involved in it.

·       To develop the skill of drafting schemes of arrangement.

·       To develop the skill of structuring an M&A deal.

Unit-1
Teaching Hours:10
INTRODUCTION TO THE LAW OF MERGERS AND ACQUISITIONS
 

Learning Outcome: On completion of this UNIT students will be able to explain the distinction between various business terms associated with M&A.

Concepts in   M&A- Categories of M&A-   Causes and Consequences of M&A

Unit-2
Teaching Hours:6
MERGERS, TAKEOVERS AND RESTRUCTURING ROUTES- INDIAN SCENARIO
 

This UNIT will enrich the students; the Indian statutes having bearing on M&A. It will also cover the statutory basis of different routes in M&A and the role of regulatory agencies.

Provisions of the Companies Act, SEBI Act, Competition Act and other statutes-  Routes of M&A- Regulatory authorities of M&A.

Text Books And Reference Books:

1.     Weign Berg and Blank Takeovers and Mergers (2010) Ed., Part-1, Definitions. Pp6 -29

 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

Essential Reading / Recommended Reading

1.     Michel C.Jenson , “ Takeovers : Their Causes and Consequences” 2 Journal of Economic Perspectives 21-48(1988).

2.      Ronald Daniels , “ Stakeholders and Takeovers: Can contractarianism be compassionate”.  43 University of Toronto Law Journals315-351(1993)

3.      Sayan,  “ Types of synergy  and economic value :  The Impact of  Acquisition  on  Merging and Rival firms”  7 Strategic  Management Journal  119 ( 1986)

4.      Peter A Hunt, Structuring Mergers and Acquisitions.

5.      Mergers and Acquisitions: Cases, Materials and Problems. Wolter Kluwer(Aspen )

6.      Athanasious  Kouloridas, ‘  The Law and Economics  of takeovers – Contemporary studies in  Corporate Law’ Hart Publishing,( 2008)

7.     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)

8.     Ken. T. Van den berg , “Approval of  take-out mergers  by minority shareholders : From substantive to procedural fairness”  93 Yale Law Journal  1113( 1984)

9.     Shishir Vayattaden, SEBI(Substantial Acquisition of Shares and Takeovers) 1997 –commentaries

10.  Brudney  and Chirelstein , ‘ Fair shares in corporate Mergers and Takeovers’ 88 Harv.L.Rev 297( 1974)

11.  Edward   F.Greene, and James   J. Junewicz, ‘   A Reappraisal of Current Regulation of Mergers and Acquisitions” 132 University of Pennsylvania Law Review  647( 1984).

12.  Robert R.  Pennington, ‘Takeover Bids in the United Kingdom’ 17 American Journal of Comparative Law 159( 1969) .

13.  C.  Bradely , “ Corporate Control: Market and Rules” ( 1990) 53 Modern Law Review  170

14.  H. Manne , “ Mergers and the market for corporate Control” ( 1965) 73  Journal of Political economy  110

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%

BBL7E5A - REAL ESTATE AND INFRASTRUCTURE DEVELOPMENT LAWS (2018 Batch)

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

Course Objectives/Course Description

 

Students will get an understanding of Laws on real estate in India and the infrastructure development laws. This course further enhances the knowledge of students about the tortuous liabilities and compensation laws. It further enables the students to understand how real estate law impacts real property ownership, conveyance, and development. Familiarizing students with real property ownership interests, restrictions on such interests, methods of transferring such interests, private and public land-use controls, and legal transactions involving real estate, such as gifts, sales, and leases.

Course Outcome

CO 1: Identify the Laws, Rules & Regulations 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 laborers in the sectors

CO 4: Analyze the socio-economic and political turmoil related to infrastructure development

CO 5: Formulate one?s own response to the needs of all stakeholders in real estate and infrastructure development

CO 6: Evaluate the laws, plans and policies related to real estate and infrastructure development sectors in the country

Unit-1
Teaching Hours:10
Real Estate Sector in India.
 

Real Estate Industry in India, Leasing and Land Ownership structure in India, Trends in Public Private Partnership (PPP) in India, Building Construction Laws, Legal Protection of Consumers

Unit-2
Teaching Hours:10
Infrastructure Sector in India
 

Definition of infrastructure; Multiplier effects of infrastructure development on economic development of the nation, Sources of financing infrastructure projects: Traditional and private investments; Various financial instruments, Limitations of traditional procurement system of infrastructure, Legal frameworks and Incentives for private sector participation in infrastructure development, Railways, Highways and Roads, Ports / Airports / Telecom, Power and Renewable Energy, Special Economic Zones, Digital India Land Records Modernization Programme (DILRMP)

Text Books And Reference Books:

1.     1.Akintoye, A., Beck, M., and Hardcastle, C. (Eds.). (2003). Public-Private Partnerships - Managing risks and opportunities. Oxford: Blackwell Science Limited.

 

2.Finnerty, J. D. (1996). Project financing - Asset-based financial engineering. New York: John Wiley and Sons, Inc.

 

3.Merna, T., and Njiru, C. (2002). Financing infrastructure projects (First ed.). London: Thomas Telford.

 

4.Nevitt, P. K., and Fabozzi, F. J. (2000). Project financing (7 ed.). London, UK: Euromoney Books.

 

5.Raghuram, G., Jain, R., Sinha, S., Pangotra, P., and Morris, S. (2000). Infrastructure Development and Financing: Towards a Public-Private Partnership: MacMillan.

 

6.Tinsley, R. (2002). Project Finance in Asia Pacific: Practical Case Studies. London, UK: Euromoney Books.

 

7.UNIDO. (1996). Guidelines for infrastructure development through Build-Operate- Transfer (BOT) projects. Vienna: UNIDO.

 

8.Walker, C., and Smith, A. J. (1995). Privatized infrastructure: the Build Operate Transfer approach. London: Thomas Telford.

 

 

Essential Reading / Recommended Reading

1.Yescombe, E. R. (2002). Principles of Project Finance. California: Academic Press.

 2.Kurowski, L., and Sussman, D. (2011). Investment project design - A guide to financial and economic analysis with constraints. New Jersey: John Wiley and Sons.

 3.Pretorius, F., Lejot, P., McInnis, A., Arner, D., and Hsu, B. F.-C. (2008). Project finance for construction and infrastructure: Principles and case studies. Oxford: Blackwell Publishing.

 4.Weber, B., and Alfen, H. W. (2010). Infrastructure as an asset class – Investment strategies, project finance and PPP. West Sussex: John Wiley and Sons.

 5.Tenth Report of the Law Commission of India: Report on the Law of  Acquisition and Requisitioning of Land, 1958. 

 6.Real Estate (Regulation and Development) Act, 2016.

 7.The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                      25%

·         CIA III – Research Topic                                                         10%

·         Attendance                                                                                 05%

·         End Semester Examination                                                     50%

                                                                                                    TOTAL 100%

BBL7E5B - LAND LAWS (2018 Batch)

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

Course Objectives/Course Description

 

This Course includes 7 Units covering different topics like Constitutional provisions and its concept of land, Land tenures & tenancy system, Land Acquisition Act, Karnataka Land Revenue Act, Karnataka Land Reforms Act, Karnataka Land Grabbing Prohibition Act, Concept of Property.

Objectives: 

To enable students to identify relevant legislations and case laws relating to Land and Property matters

To inculcate basic research skills as a part of learning

To explore critical principles relating to contemporary issues and nurture within the students the ability to draft on Land laws issues.

 To provide in-depth knowledge on Central and State Land Laws.

 To enhance the skills, interpretation and application of different types of Land Laws.

 

To focus on land reforms besides Land Acquisition procedures enunciated in the Act of 1894 & 2013 and the constitutional perspective relating to land laws have to be taught as an essential part of this course.

Course Outcome

CO1, CO2 :  To provide in-depth knowledge on Central and State Land Laws.  To enhance the skills, interpretation and application of different types of Land Laws.

Unit-1
Teaching Hours:10
CONSTITUTIONAL PROVISIONS AND ITS CONCEPT OF LAND
 

Meaning of land, division of land, ownership and value of land.

 

 

Doctrine of Eminent Domain. Doctrine of Escheat/Bona Vacantia.

 

-Doctrine of Escheat in Hindu Law: Sec.29 of Hindu Succession Act, 1956 contains the provisions of escheat.

Escheat in Muslim Law

 

Art.300A: Protection of personal property, Schedules: 7th, 11th, 12th of Indian Constitution.

 

Unit-2
Teaching Hours:10
LAND TENURES AND TENANCY SYSTEM
 

Meaning, kinds of tenures-freehold, leasehold, copyhold.

 

Classification of tenures-Ryotwari, service tenures, 12yrs tenure.

 

(b)Land revenue-pre-British period, Estate, Inams& its kinds.

 

(c)Settlement of land-meaning & its kinds-permanent settlement, zamindari, Jagirdars, Mahalwar.

Text Books And Reference Books:

https://legaldesire.com/landmark-rulings-on-land-acquisition-in-india/This article has been published in Legal Desire International Journal on Law, ISSN 2347-3525, Issue 22 ,Vol. 7

http://www.manupatra.co.in/neewsline/aticle/upload/A22790BE-9780-4873-9726-78958083F4A.pdf

http://www.justor.org/stable/3516852

http://www.justor.org/stable/4403609

http://www.justor.org/stable/4417644

http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=e5fe7675-d431-4839-a619-f5340f5877e1&txtsearch=subject:%20Property

http://www.legalblog.in/2011/03/public-purpose-s-17-of-land-acquisition.html

http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=6f88051a-0297-4d9a-ae14-794b7afa3ea2&txtsearch=Subject:%20Land%20Acquisition

http://www.manupatra.co.in/neewsline/aticle/upload/A22790BE-9780-4873-9726-78958083F4A.pdf

 

http://www.thehindu.com/news/national/karnataka/special-courts-to-be-set-up-to-try-land-grabbing-cases/article5654141.ece

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%

BBL863 - CRIMINAL LAW - II (2018 Batch)

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

Course Objectives/Course Description

 

Course Description: The Code 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 vehicle of changes for the better. The course is devised to deal with the basic procedural aspects with regard to criminal law in action. Indeed, understanding of the same is a must for any aspiring litigation lawyer, and so it is aimed at satisfying this requirement. A thorough knowledge of the Code of Criminal Procedure is indispensable for effective implementation of criminal law.

Course Objectives: ·     

·      To enable the students to understand the fundamental principles of Criminal Law.

·      To facilitate the students to understand the interpretation of various procedural laws such as Indian Penal Code, Indian Evidence Act, Code of Criminal Procedure  and its application in relevant context.

·      To analyse  the interrelation between Indian Penal Code, Indian Evidence Act & the Code of Criminal Procedure.

·      To analyse of the procedure for administration and enforcement of substantive criminal law.

  • To appreciate the procedure of investigation, inquiry and trials in criminal law.

Course Outcome

At the end of the course the student will be able to:

1. identify the scope, extend and object of the Criminal Procedure Code.

2. analyze the procedure practiced in criminal trial.

3. demonstrate the advocacy skills in criminal trial.

4. choose the appropriate remedy for of violation of substantive law.

 

5. explain the procedure of conducting investigation, inquiry and criminal trial.

Unit-1
Teaching Hours:4
INTRODUCTION & FUNCTIONARIES UNDER THE CODE
 

Learning Outcome: Through this unit the students are introduced to some preliminary considerations such as the applicability, functionaries under the code etc.

Object of the Code; Applicability, Territorial Divisions and Classification of Offenses. Functionaries under the Code: (Police, Prosecutors, Defense Counsel, Courts). (S. 1-2, 6-9, 24-29 Cr. PC)

Unit-2
Teaching Hours:6
ARREST, SEARCH & SEIZURE.
 

Learning Outcome: At the conclusion of this unit the students will have  clear understanding of various types of arrest, search and seizure under the Cr.PC.

Meaning and Purpose; Arrest with / without Warrant. Arrest how made; After arrest procedures; Rights of Arrested Persons, Consequences of non-compliance with provisions of arrest. Search & seizure with/without warrant & consequences thereof. (S. 41-60A, Cr. PC).

Unit-3
Teaching Hours:8
INVESTIGATION.
 

Learning Outcome: Through this unit students come to know the various aspects of investigation.

Meaning & purpose; When to investigate, Information to the police, FIR, Procedure after recording the FIR, Power to require attendance of witnesses, Power to interrogate witnesses & to record their statements, Evidentiary value of statements made to police, Power of Judicial Magistrate to record confessions/ statements, Case Diary, Procedure to follow on completion of investigation, Investigations & inquiries into cause of unnatural deaths, suicides, of death in police custody etc. (S. 154- 176, Cr. PC.)

Text Books And Reference Books:

The Code of Criminal Procedure, 1973.

RV Kelkar’s Lectures on Criminal Procedure, Eastern Book Company, Lucknow.

Takwani Criminal procedure, Lexis Nexis, 4th Edition 2015.

The Juvenile Justice (Care and Protection) Act, 2015

 

 

Essential Reading / Recommended Reading

1.     SN Mishra: The Code of Criminal Procedure, 1973; Central Law Publications, Allahabad. (2013).

  1. Mitra, B. B. Criminal Procedure Code. Kolkata: Kamal Law House, 2005.
Evaluation Pattern

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

·      CIA II – Mid Semester Examination                                 – 25%

·      CIA III – Research Topic                                                     – 10%

·      Attendance                                                                            – 05%

·      End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL864 - CIVIL PROCEDURE CODE AND LIMITATION ACT (2018 Batch)

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

Course Objectives/Course Description

 

This course introduces you to the procedural rules that govern how civil litigation is conducted in the courts. The course contains an overview of the entire body of rules of civil procedure ranging from commencement of proceedings, to defining issues for trial, to enforcement of judgments. There is particular emphasis upon jurisdiction of various Indian Courts and stages of civil cases in Indian Courts.

Unit 1 is designed to make the students conversant with the basic terminology and introduction Unit 2 is to acquaint students with the jurisdiction of civil courts. Unit 3 is to introduce students to the rules of pleadings in civil matters. Unit 4 is designed to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages. Unit 5 is to introduce students to the execution proceedings. Unit 6 acquaints students with special suits. Unit 7 is appeals, revision, review and reference. Unit 8 introduces students to the miscellaneous matters such as transfer of cases, caveat, inherent powers of the courts, etc. Unit 9 is to equip students with the knowledge of the important provisions of Limitation Act.

Course Objectives:

The objectives of this course are:

1.     to make the students conversant with the basic terminologies used in civil procedure

2.     to provide an understanding of the jurisdiction of various civil courts

3.     to introduce students to the rules of pleadings in civil matters

4.     to equip students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages

5.     to give a basic understanding of the execution proceedings of decrees

6.     to acquaint students with remedies available to a party aggrieved by the order of a court through appeals & revision

7.     to provide an understanding of special suits & their procedures

8.   to equip students with the knowledge of the important provisions of Limitation Act

Course Outcome

CO1: Explain procedural aspects of the stages in civil case

CO2: Describe the principles of pleadings, the place of suing, joinder of parties, amendment of pleadings etc in a given case situation

CO3: Distinguish between the various kinds of jurisdiction of different Civil Courts of India

CO4: Apply the provisions of CPC to case-based or hypothetical problems and answer the issues raised

CO5: Analyze important judgments on CPC provisions

CO6: Identify the grounds of appeal from a judgement and decree of a lower Court

CO7: Determine the feasibility of filing a civil case in appropriate Court based on subject matter [Simulation exercise with client]

CO8: Draft civil pleadings such as plaint, written statement, Interlocutory applications and justify the content of the documents on basis of CPC provisions

UNIT 1
Teaching Hours:3
INTRODUCTION
 

Concepts, affidavit, order, judgement, decree, plaint, restitution, execution, decree-holder, judgement-debtor, mesne profits, written statement, Distinction between decree and judgement and between decree and order.

UNIT 2
Teaching Hours:7
JURISDICTION
 

Kinds, Hierarchy of courts, Suit of civil nature, scope and limits, Res subjudice and Res judicata, Foreign judgement, enforcement, Place of suing, Institution of suit, Parties to suit: joinder, mis-joinder or non-joinder of parties : representative suit, Frame of suit: cause of action, Alternative disputes resolution (ADR), Summons

UNIT 3
Teaching Hours:7
PLEADINGS
 

Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings, Plaint: particulars, Admission, return and rejection. Written statement: particulars, rules of evidence, Set off and counter claim: distinction, Discovery, inspection and production of documents, Interrogatories, Privileged documents, Affidavits

Text Books And Reference Books:

  1. Mulla, Code of Civil Procedure, 19th edn., LexisNexis, 2017
  2. Takwani, Civil Procedure, 9th edn., EBC, 2021 
  3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act, 22nd edn., Eastern Law House, 2011
  4. Sarkar's Code of Civil Procedure, 12th edn., LexisNexis, 2016.
  5. Universal's Code of Civil Procedure, LexisNexis, 2020.
Essential Reading / Recommended Reading

1. Thacker C.K. Code of Civil Procedure, New Delhi Publishing House, 2000

2. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure, 1908. New Delhi: Universal Publishing Co., 1998

3. Saha A. N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000.

4. Karnataka Court-fees and Suit Valuation Act, 1958

5. Karnataka City Civil Courts Act 1964

6. Karnataka Civil Rules of Practice 1967

7. Jatinder Kumar Das, Code of Civil Procedure, 1st Edition 2013

Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

BBL881 - LAW OF E-COMMERCE (2018 Batch)

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

Course Objectives/Course Description

 

Unit 1 introduces students to the technology and legal regime of e-commerce. Unit 2 deals with the special contractual issues of e-commerce. Unit 3 is in respect of consumer related issues of e-commerce. Unit 4 deals with online payment and the risks involved therewith. Unit 5 deals with digital signatures and secured electronic documents. Unit 6 in designed to make the students aware of the intellectual property in digital media. Unit 7 deals with the taxation related issues of e-commerce, while Unit 8 deals with jurisdictional problems related to e-commerce

 This subject aims at

1. Discussing the technology related issues in the application of traditional principles of law

2. Equip students with skills required to work as legal advisors in commercial sectors where information technology is used

3. Familiarize students with method of identifying and analysing technology instigated legal issues in contracts, IPR, Jurisdiction, consumer affairs, taxation and payment methods

Course Outcome

1: Identify the right provisions from the Information and Technology Act, 2000 regarding digital signature.

2: Apply the concepts relating to formation of e-contracts in a given situation.

3: Evaluate and critically assess the impact of the Law of E-Commerce on the individuals and businesses.

4: Critically review the law of e-commerce and the international harmonization of law of e-commerce.

5: Draft arguments for and against different entities participating in e-commerce transactions by applying traditional principles of law in the digital world.

6: Draft policies addressing the global challenges as well as emerging issues of law around the world in relation to electronic transactions.

UNIT 1
Teaching Hours:8
INTRODUCTION TO E- COMMERCE
 

 

Concept of e- commerce and differences with e- business

 

Advantages and disadvantages of e- commerce

 

Types of e- commerce

 

Medium and Transactions in e- commerce

 

UNCITRAL Model Law on e-commerce,

 

Information Technology Act, 2000

 

UNIT 2
Teaching Hours:8
CONTRACTS IN ELECTRONIC ENVIRONMENT
 

 

Acceptance of contract: applicability of postal rule

 

E-commerce directives and Regulations

 

Incorporation of terms

 

Identity of contracting parties

 

E-contracts: extent of details

 

Breach of contract

 

UNIT 3
Teaching Hours:6
ELECTRONIC SIGNATURE
 

Provisions under IT Act

Certifying authorities

Issuing authorities

PKI

Electronic Signature Certificate

Grant, Revocation and withdrawal of ESC

Text Books And Reference Books:

  1. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
  2. Sharma, Vakul. Information Technology: Law and Practice. 2nd ed. New Delhi: Universal Law Publishing Co., 2007.
  3. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
  4. Schellekens, M. H. M. Electronic Signatures: Authentication Technology from a Legal Perspective. The Hague: T. M. C. Asser Press, 2004.
  5. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  6. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  7. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  8. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Essential Reading / Recommended Reading
  1. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H. Publishing Corporation, 2009.
  2. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London: LexisNexis Butterworths, 2007.
  3. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis Butterworths Wadhwa, 2009.
  4. Ryder, Rodney. Guide to Cyber Laws. 3rd ed. New Delhi: Wadhwa & Co., 2007.
Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                TOTAL 100%

BBL882 - INTERPRETATION OF STATUTES (2018 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 and construction of statutes. 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. This course will provide an advanced study of the rules and principles governing statutory interpretation and prepare students to work in a legal environment dominated by statutes.

The course begins by introducing the part of the statutes and will familiarize the students with the fundamental rules of interpretation (Unit 1). The next two units deal with the heart of the course, focusing on textualist, purposive and dynamic interpretation, about the use of legislative history and canons of construction (Unit 2 and 3). Considerable time would be spent to examine the role of presumptions and the principle of legality in statutory interpretation (Unit 4). Along the way, it covers the exclusion that is available for jurisdiction of Courts with the extent of their exclusion and deals with the expiry and repeal of statutes with appropriate instances (Unit 5 and 6). Special attention would be given to find the interpretative principles of fiscal statutes and their retrospective operations, alongside students would be familiarized with the construction of remedial and statutory offences (Unit 7 and 8). The last unit would examine upon the interpretation of rules, notifications and would end with the understanding of mimansa rules of interpretation (Unit 9). 

Course Objectives:

1.To make students aware of the need for statutory interpretation

2. To introduce basic rules and principles of statutory interpretation

3. To identify and explain the internal and external aids of statutory interpretation

4. To ascertain the principles, presumptions and canons of construction and to learn their method of operation in varied case laws and interpretation of statutes

 

5. Develop among students the skills involved in legislative drafting

Course Outcome

By the end of the course the students will be able to:

1.  Examine the different interpretative tools that led to the passage of a legislation

2. Interpret the statutory provisions and judicial decisions using the accepted tools and techniques of statutory interpretation

3.  Explain and analyse the reasoning behind a particular interpretation of a statutory provision

 

4. Draft a legislative instrument by applying a range of interpretation techniques that will contribute to its effectiveness and clarity.

Unit-1
Teaching Hours:10
INTRODUCTION
 

Legislation: Meaning, process - Types of legislation: Codifying, Consolidating, by Incorporation, by Reference, Validating Act, Amending Act, General and Special Acts – Different Parts of Statutes – Interpretation v. Construction – Fundamental or Basic Principles/Rules of Interpretation: sententia legis, ex visceribus actus and ut res magis valeat quam pareat – Guiding Rules of Interpretation: Literary Rule, Golden Rule, Mischief Rule or Purposive Construction and Harmonious Rule – Subsidiary Rules:Same word same meaning, use of different words, non obstante clause, legal fiction, mandatory and directory provisions, conjunctive and disjunctive words, construction of words: noscitur a sociis, ejusdem generis and reddendo singular singulis –Constitutional Interpretation: Doctrines of Severability-Reading down/in, Eclipse, Harmonious Construction, Colourable Legislation, Constitutional Silence, Pith and Substance and Ancillary Enroachment, Repugnancy, Prospective Overruling, and Basic Structure.

Unit-2
Teaching Hours:8
INTERNAL AIDS TO INTERPRETATION
 

 

Long Title – Preamble – Headings - Marginal Notes or Section headings – Punctuation-Illustration – Definition – Proviso – Explanation – Transitional Provision – Schedule – Differences between Proviso and Exception

Unit-3
Teaching Hours:5
EXTERNAL AIDS TO INTERPRETATION
 

Legislative History: English, American and Indian Practices –Historical facts and Surrounding Circumstances -Later Social, Economic, Political and Scientific and Technological Developments – contemporanea expositio or executive construction - References to Statutes in pari materia, Use of Dictionaries, Legal Texts and Use of International Treaties and Foreign Decisions

 

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.  5thed. New Delhi: Eastern Book Company, 2010.
  3. Langan, P. St. J.(Ed).,Maxwell on the Interpretation of Statutes. 12thed. 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. 12thed. New Delhi: Lexis Nexis, 2017.

  1. Katju, Markandey.,Interpretation of Taxing Statutes, 2nd Edition , Butterworths, 1998
  2. Mukhopadhyay, Sukumar.,Interpretaion of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010
  3. Chopra, D.S.,Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.
  4. Katju, Markandey, (Ed).,K.L.Sarkar’s Mimansa Rules of Interpretation. 4thed. New Delhi: Thomson Reuters, 2013.
  5. 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.  5thed. New Delhi: Eastern Book Company, 2010.
  3. Langan, P. St. J.(Ed).,Maxwell on the Interpretation of Statutes. 12thed. 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. 12thed. New Delhi: Lexis Nexis, 2017.

  1. Katju, Markandey.,Interpretation of Taxing Statutes, 2nd Edition , Butterworths, 1998
  2. Mukhopadhyay, Sukumar.,Interpretaion of Fiscal Statutes in India, 3rd Edition, New Delhi: Centax, 2010
  3. Chopra, D.S.,Interpretation of Statutes, 1st ed. New Delhi: Thomson Reuters, 2014.
  4. Katju, Markandey, (Ed).,K.L.Sarkar’s Mimansa Rules of Interpretation. 4thed. New Delhi: Thomson Reuters, 2013.
  5. Scalia, Antonin., and Bryan A Garner., Reading Law: The Interpretation of Legal Texts, West Group, 1st Edition, 2012

 

 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                TOTAL 100%

BBL8E1A - HEALTH LAW (2018 Batch)

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

Course Objectives/Course Description

 

The course is being offered to develop the employability of students in companies, organizations and other stakeholders in the healthcare sector. To ensure their employability, the course has six units dealing with various laws and associated issues with administration of treatment and performance of medical procedures. The course begins with a general introduction to the relation between law and ethics in medical practice under Unit 1. Unit 2 is specifically dealing with the regulatory framework for pharmaceuticals that form an important part of administration of treatment. A major set of cases that are filed against the healthcare sector is in relation to death during a medical procedure or treatment. Therefore, in Unit 3 the course discusses the medico-legal concept of death and the legal consequences that pose medico-legal issues. Unit 4 is specific to liability of medical professionals in cases of medical or legal insanity and termination of pregnancy. The course also discusses a very important aspect of the healthcare sector which is human experimentation in therapeutic and non-therapeutic research in Unit 5. The Unit discusses the legal issues posed in such human experimentation. The Course ends with discussion on the role of State in the public healthcare sector in Unit 6. The Unit analyses how the State health policy is being used as a tool for providing access to public health. This Unit is specifically incorporated to sensitize students towards the right to public healthcare as a human right. This also matches with the Sustainable Development Goal 10 that aims to reduce inequalities specifically to the healthcare sector.

Course Outcome

1: Apply the law during real life scenarios that arise during the administration of treatments and performance of medical treatment (Employability)

2: Draft arguments in disputes arising while the healthcare services are being provided by the private and public entities (Employability)

3: Evaluate the laws and policies as tools for implementing the medical ethics in practice globally

4: Analyse the working of the regulatory bodies in the healthcare sector at the national and global level

5: Examine the legal framework that hinders the effective implementation of the health-related welfare schemes (Research Skills)

6: Draft policies in the context of recent developments in medical technologies affecting national and regional health policies

Unit-1
Teaching Hours:10
Introduction
 

 The relation between law and medicine – Forensic medicine – the significance of forensic medicine and  forensic evidence – Hippocrat’s oath – Medical ethics, Indian Medical Council Act, 1956, Bio-ethics, Medical Council

Unit-2
Teaching Hours:10
Legal Control of Drugs and Cosmetics
 

Legal control of drugs and cosmetics – Drugs and Cosmetics Act and Rules – Product liability for defective medicine – contractual liability, tortuous liability, liabilities under the English and Indian Consumer Protection Acts, English Medicines Act. 

Text Books And Reference Books:

1.       KANNAN K. MEDICINE AND LAW. OXFORD UNIVERSITY PRESS – 2014.

2.       Dr. JAGADISH SINGH . VISHWA BHUSHAN. MEDICAL NEGLIGENCE AND COMPENSATION. BHARATH  LAW PUBLICATION – 2007

3.       DR. NANDITA ADHIKARI. LAW AND MEDICINE. CENTRAL LAW PUBLICATION-2009

4.       TAPAS KUMAR  KOLEY. MEDICAL NEGLIGENCE AND THE LAW IN INDIA. DUTIES RESPONSIBILITIES AND  RIGHTS .OXFORD UNIVERSITY PRESS -2010

5.       SURENDRA  MALIK . SUDEEP MALIK. SUPREME COURT ON DRUGS,MEDICAL LAWS &MEDICAL  NEGLIGENCE EASTERN BOOK  COMPANY 2009 

6.       Dr.S.B.N  PRAKASH. MENTAL HEALTH AND LAW.LAWYER’S LAW BOOK.2008

7.       S.K.VERMA.LEGAL FRAMEWORK FOR HEALTH CARE IN INDIA LEXIS NEXIS BUTTERWORTHS 2002.

8.       VIJAY MALIK.LAW RELATING TO DRUGS AND COSMETICS. EASTERN BOOK COMPANY 2010.

9.       EMILY JACKSON,MEDICAL LAW TEXT, CASES AND MATERIALS.OXFORD UNIVERSITY PRESS 2010

 

10.   MODI’S MEDICAL JURISPRUDENCE AND TOXICOLOGY. LEXIS NEXIS 2006

Essential Reading / Recommended Reading

1.       MANSON J.K   . MASON AND  MCCALL  SMITH’S LAW AND  MEDICAL ETHICS .OXFORD UNIVERSITY PRESS 2006

2.       VEITCH.KENNETH. THE JURISDICTION OF  MEDICAL LAW  .ASHGATE PUBLISHING 2007

3.       LAWRENCE GOSTIN.PRINCIPLES OF MENTAL HEALTH LAW AND POLICY.OXFORD UNIVERSITY PRESS  2010

4.       JONATHAN MERRILLS AND JONATHAN FISHER.PHARMACY LAW AND PRACTICES.ELSENER 2006 

5.       ANDREW GRUBB. PRINCIPLES OF MEDICAL LAW .OXFORD UNIVERSITY PRESS 2010

6.       MANSON J.K   . MASON AND  MCCALL  SMITH’S LAW AND  MEDICAL ETHICS .OXFORD UNIVERSITY PRESS 2006

7.       VEITCH.KENNETH. THE JURISDICTION OF  MEDICAL LAW  .ASHGATE PUBLISHING 2007

 

8.       LAWRENCE GOSTIN.PRINCIPLES OF MENTAL HEALTH LAW AND POLICY.OXFORD UNIVERSITY PRESS  2010 

Evaluation Pattern

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

 CIA II – Mid Semester Examination  – 25%

  CIA III – Research Topic – 10%

  Attendance   – 05%

 End Semester Examination  – 50%

 

                               TOTAL 100%

BBL8E1B - INTERNATIONAL ENVIRONMENTAL LAW (2018 Batch)

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

Course Objectives/Course Description

 

The international law of the environment is to be read and understood with public international law as a backdrop. In this course students are to recognize the role of states as principal actors in a decentralized world. The absence of any international legislature or international court of general jurisdiction in environmental law, and the characteristics of consent and consensus in decision making, will be in stark contrast to the previous policy tools and methods read under domestic environmental law. 

The course attempts at demystifying various aspects of international practice. The use of tools such as simulated negotiations aim at demonstrating the law and policy dynamics in international relations. In continuation of this theme the course also addresses the structure and operations of international organizations. 

However, the course also recognizes the necessity to analyse the interrelationship between the international legal systems and domestic environmental law. 

Course Objective:

1.     To understand the relevant principles and concepts underlying IEL.

2.     To understand the various transboundary regulations/relations governing IEL and the concept of ‘State Liability’ and ‘Sovereignty’.

3.     To study the various trends on the governing of the global commons, including land and marine ecosystems, ozone depletion and Climate Change.

4.     To understand and analyse the interconnectivity between international environmental law and the domestic law in India.

To understand the ‘top-down’ nature of international obligation on domestic policy making

Course Outcome

CO 1: Identify and describe relevant important sources, principles and concepts pertaining to the international law system governing the environment.

CO 2: Analyse various regulations and multilateral and plurilateral treaties, relating to transboundary environmental themes.

CO 3: Discuss the essence of State liability and State sovereignty in transboundary environmental issues.

CO 4: Analyse various regulations and multilateral and plurilateral treaties relating to the global commons.

CO 5: Describe the differences between international environmental governance and domestic regulation, and the interconnectivity between the two for policy making.

CO 6: Draft policies on domestic environmental issues based on international obligations

Unit-1
Teaching Hours:10
INTRODUCTION TO INTERNATIONAL ENVIRONMENTAL LAW
 

Historical evolution, Developed and Developing Countries Perspectives, Stockholm, Rio and Johannesburg.

Unit-2
Teaching Hours:8
SOURCES AND PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW
 

Sources: Treaties, Custom, General Principles of Law; Principles: Sovereignty over Natural Resources, Obligation Not to Cause Damage, Principles of Preventive Action and Precaution,  Polluter Pays Principle and Equitable Sharing of Cost, Sustainable Development,   Equitable Utilization ,  Common but Differentiated Responsibilities, The Link Between Environment and Development.

Text Books And Reference Books:
  1. Donald K. Anton, Jonathan I. Charney, Philippe Sands, Thomas Schoenbaum and Michael J. Young, International Environmental Law: Cases, Materials, Problems (LexisNexis 2007).
  2. Birnie, Patricia WBoyle, Alan ERedgwell, Catherine, International law and the environment, Oxford University Press, 2009
  3. S Bhatt, International Environmental Law, APH Publishing, 2007 
  4. Elli Louka, International environmental law: fairness, effectiveness, and world order, Cambridge  University Press, 2006
  5. Michael I. Jeffery, Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide, Cambridge University Press, 2008.
  6. Neil Craik, The International Law of Environmental Impact Assessment Process, Substance and Integration, Cambridge University Press, 2008. 
  7. Environmental Law, the Economy and Sustainable Development, Eds by Richard L. Revesz , Philippe Sands , Richard B. Stewart, Cambridge University Press, 2008
Essential Reading / Recommended Reading

Same as above. 

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% 

BBL8E2A - SCIENCE, TECHNOLOGY AND HUMAN RIGHTS (2018 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 up 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 human kind 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 that 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 masses 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.

Course Outcome

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.

Unit-1
Teaching Hours:7
SCIENCE, TECHNOLOGY AND HUMAN RIGHTS: CONCEPTUAL PERSPECTIVES
 

Concept of Science & Technology as a Tool for furtherance of Human and Social Welfare.

Ethical Issues and Human Rights: Reproductive Health, Abortion Rights, Adoption of Children by Altruistic Reproductive Techniques - How technology helps protect better human rights: Role of Internet, Social Media and Right to Political Resistance against tyrannical structures (e.g., Egypt, Thailand, Delhi).

Unit-2
Teaching Hours:10
INFORMATION TECHNOLOGY AND HUMAN RIGHTS.
 

Revolution in Information Technology, Right to Information, Issues of Imposing Reasonable Restrictions: A study of the applicable Legal Norms: Article19 of the Indian Constitution, Information Technology Act, 2000, Cinematograph Act, 1952, Official Secrets Act, 1926, Other Indian Laws Relating to Media, Information Technology and Broadcasting.

Text Books And Reference Books:

        1.  The Right to Development: A Primer (Centre for Development and Human Rights, New Delhi, 2004)

2.     Daniel Aguirre, The Human Right to Development in a Globalized World (Ashgate, 2008).

3.      F. W. Grosheide (Ed.), Intellectual Property and Human Rights: A Paradox (Edward Elger Publications, Glos, 2010).

4.      Giovanni Ziccardi, Resistance, Liberation Technology and Human Rights in the Digital Age (Springer, 2013).

5.      Fran Equiza-López (ed.), Information Communication Technologies and Human Development: Opportunities and Challenges (Idea Group Publishing, Hershey, 2009).

6.      Wenche Barth Eide, Uwe Krach, Food and Human Rights in Development: Legal and institutional Dimensions and Selected Topics (Intersentia, Oxford, 2005).

7.      H. D. C. Roscam Abbing, Jan K. M. Gevers, Ewoud H. Hondius, J. H. Hubben (eds.), Health Law, Human Rights And the Biomedicine Convention (Martinus Nijhoff, 2005). 

Essential Reading / Recommended Reading

Daniel; Aguirre, The human right to development in a globalised world(Ashgate ,2008)

Evaluation Pattern

 CIA 1: Class test -20 marks

CIA3 Research paper- 15 marks and viva 5 marks

BBL8E2B - MEDIA LAW (2018 Batch)

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

Course Objectives/Course Description

 


Mass communication from the days of printing press has played a very important role in the formation of public opinion. Advancement in science and technology has changed the scope and dimensions of mass communication. ICT has created digital era for us. While there are definite benefits from these technologies, the experience shows that these technologies can be abused to harm the interests of the society. The course aims to provide basic understating of the evolution and existence of various facets of media and the legal regime in place to regulate its content and matters incidental to it.

 

Course Outcome

CO1: Explain the general concept of media and comprehend the significance of media jurisprudence from the historical perspective of freedom of speech and expression.

CO2: Describe existing regulations on broadcasting media in India along with the aspects of censorship.

CO3: Discuss and debate upon issues related to freedom of press vs. individuals? reputation, freedom of speech vs sedition, blasphemy, and hate speech.

CO4: Determine the nature, categories, and consequences of the invasion of upon right to privacy and analyze the applicability as well as the enforceability of the right to information.

CO5: Evaluate the existing regulation of social media in India.

CO6: Examine various ethical issues in the working of media.

Unit-1
Teaching Hours:12
INTRODUCTION
 

1. Concept of Media

2. Freedom of Press – Significance,

3. Historical Perspectives on Media Regulation in India,

4. Freedom of Speech and Expression as a Fundamental Right- Scope and Ambit,

5. Comparison with the position in USA,

6. Reasonable Restrictions.

Unit-2
Teaching Hours:10
REGULATION OF BROADCASTING MEDIA
 

1. Origin of broadcasting laws  in India,

2. Censorship over broadcasting media- Cinematograph Act, 1952, Cable Television Network (Regulation) Act, 1995, TRAI Act, 1997, Communications Convergence Bill, 2001, Broadcasting Services Regulation Bill, 2007,

3. Media ownership patterns-legal issues

Text Books And Reference Books:

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      Aparna Viswanathan, Cyber Law-Indian & International Perspectives, LexisNexis Butterworths, 2nd edn. 2011.

3.      D.D. Basu Law of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8th edn., 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, 1st edn., 2007

7.      Dr. Samir Kumar Singh & Prof. Pushpendra P. Singh, Media Legislation & Laws, Jnanada Prakasham, New Delhi

8.      Duncan Bloy & Sara Hadwin, Law and Media, Sweet & Maxwell, 2013

9.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1st edn., 2006

10.  Karnika Seth, Computers, Internet & 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,1st edn. 2010

14.  Mukul Sahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

15.  P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

16.  Paranjoy Guha Thakurta, Media Ethics- Truth, Fairness & Objectivity, Oxford University Press, 2009

17.  Peter Carey (et.al), Media Law, Sweet & Maxwell, 2007  

18.  Ram Jethmalani  & D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1st edn., 2012. 

19.  Roy L. Moore & Micheal D. Murray, Media Law and Ethics, Routledge-Taylor & Francis Group.

20.  S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

21.  S.K. Verma & 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, 1st edn., 2007

24.  Uday Sahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

25.  Ursula Smartt, Media & Entertainment Law, Routledge, 2011

26.  Wayne Overbeck, Major Principles of Media Law, 2004

27.  Yee Fen Lim, Cyber Space Laws-Commentaries & Materials, Oxford University Press, 2007

Essential Reading / Recommended Reading

1.      Andrew D. Murray, IT Law: The Law and Society, Oxford University Press, 2010.

2.      Aparna Viswanathan, Cyber Law-Indian & International Perspectives, LexisNexis Butterworths, 2nd edn. 2011.

3.      D.D. Basu Law of the Press, Wadhwa Nagpur, 2002

4.      D.D.Basu, Commentary on the Constitution of India, Wandhwa Nagpur, Vol. 2, 8th edn., 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, 1st edn., 2007

7.      Dr. Samir Kumar Singh & Prof. Pushpendra P. Singh, Media Legislation & Laws, Jnanada Prakasham, New Delhi

8.      Duncan Bloy & Sara Hadwin, Law and Media, Sweet & Maxwell, 2013

9.      K.N.Harikumar (edt.), Courts, Legislatures, Media Freedom, National Book Trust, 1st edn., 2006

10.  Karnika Seth, Computers, Internet & 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,1st edn. 2010

14.  Mukul Sahay, Media Law and Ethics, Wisdom Press, Delhi, 2011

15.  P.K. Ravindranath, Press Law and Ethics of Journalism, Anmol Publications New Delhi, 2011

16.  Paranjoy Guha Thakurta, Media Ethics- Truth, Fairness & Objectivity, Oxford University Press, 2009

17.  Peter Carey (et.al), Media Law, Sweet & Maxwell, 2007  

18.  Ram Jethmalani  & D.S. Chopra, Cases and Materials on Media Law, Thomson Reuters, 1st edn., 2012. 

19.  Roy L. Moore & Micheal D. Murray, Media Law and Ethics, Routledge-Taylor & Francis Group.

20.  S. Kundra, Media Laws and the Indian Constitution, Anmol Publications Pvt. Ltd, 2005

21.  S.K. Verma & 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, 1st edn., 2007

24.  Uday Sahay (edt.), Handbook of the Media in Contemporary India-Making News, Oxford Uty. Press, 2006

25.  Ursula Smartt, Media & Entertainment Law, Routledge, 2011

26.  Wayne Overbeck, Major Principles of Media Law, 2004

27.  Yee Fen Lim, Cyber Space Laws-Commentaries & Materials, Oxford University Press, 2007

Evaluation Pattern

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

CIA II – Mid Semester Examination – 25%

CIA III – Research Topic – 10%

Attendance – 05%

End Semester Examination – 50%

TOTAL 100%

BBL8E3A - LAW OF INJUNCTIONS (2018 Batch)

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

Course Objectives/Course Description

 

The focus of this course in on the study of the concept of ‘Injunction‘ and the general principles governing the Law on Injunction. The course is designed to enable the students to understand the basic philosophy of remedial law and its nuances. In Unit 1, students will be introduced to the origin of law of injunctions as well as definition, kinds of injunction & the general principles relating to injunction. Unit 2 will provide details of laws & principles governing temporary injunction. In Unit 3, students will learn about the provisions of Specific Relief Act dealing with perpetual injunction. In Unit 4, principles governing mandatory injunction and the challenges of implementing it are dealt with. Unit 5 deals with rules of injunction in context of specific legal relationships such as landlord-tenant, partnership, easement, IPR laws etc.

Course Objectives:

1.     To learn about the origin of law of injunctions from Common law principles, definition & kinds of injunctions

2.     To understand the principles governing temporary injunction

3.     To know about the statutory provisions relating to perpetual injunction

4.     To learn about the challenges of implementing order of mandatory injunction

5.   To understand the application of injunction principles to specific legal relationships such as contractual, landlord-tenant, partners, easements etc

Course Outcome

At the end of this course, students will be able to:

1.     describe the origin of law of injunction, definition & kinds of injunction

2.     explain the general principles governing injunction in Indian laws

3.     apply principles governing temporary injunction to simulated problems & evaluate the possibility of grant of temporary injunction

4.     analyse the practical use of perpetual injunction

5.     analyse the challenges of obtaining & implementing mandatory injunctions

6.  apply general principles of injunction to specific legal relationships & transactions 

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

Origin of Law of Injunction, Practice of Courts prior to the Judicature Act, 1873, Application of English Law to India, Purpose of granting Injunction, Definition of Injunction, Jurisdiction of Courts, Kinds of Injunctions, General Principles governing the grant of Injunction.

Unit-2
Teaching Hours:14
TEMPORARY INJUNCTION
 

Nature of Temporary Injunction, Object, Temporary Injunction in CPC, Principles governing grant of Temporary Injunction, Status Quo, Quia Timet Action, Threat and Injury, Prima facie Case, Balance of Convenience, principles of Equity, Equitable Estoppels, Existence of other alternative Remedy, Effect of Temporary Injunction, Inherent Power of Courts in Granting Temporary Injunction, Police Aid in implementing Temporary Injunction, Infructuous Injunction

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%

BBL8E3B - LAW OF COPYRIGHT (2018 Batch)

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

Course Objectives/Course Description

 

Protection of copyright and related rights mainly aims at the promotion of literary, musical and artistic creativity and the dissemination of cultural and information products to the general public.  Such protection offers the indispensable incentives for the creation of new valuable works and for the investment into production and distribution of cultural and information goods.  This is done through granting appropriate economic and moral rights to authors, performer, producers and publishers, through establishing adequate framework for the exercise of these rights, and through providing efficient mechanisms, procedures, remedies and sanctions that are necessary for their enforcement in practice.  An efficient and well-balanced system for the protection of copyright and related rights is necessary for the preservation of national culture and identity. This course seeks to familiarize the students with the key industry concerns of the copyright-based industries. Unit 1 introduces the key concepts in respect of copyright law. Unit 2 deals with the issues pertaining to authorship and ownership of protected works. Unit 3 deals with protection of the rights of the performers. Unit 4 deal with the various modes of assignment and licensing of protected works. Unit 5 deals with infringement of copyright protected works. Unit 6 deals with fair dealing of protected works. Unit 7 addresses the issues pertaining to copyright protection in the digital world and unit 8 deals with the remedies available under copyright law.

 

Protection of copyright and related rights mainly aims at the promotion of literary, musical and artistic creativity and the dissemination of cultural and information products to the general public.  Such protection offers the indispensable incentives for the creation of new valuable works and for the investment into production and distribution of cultural and information goods.  This is done through granting appropriate economic and moral rights to authors, performer, producers and publishers, through establishing adequate framework for the exercise of these rights, and through providing efficient mechanisms, procedures, remedies and sanctions that are necessary for their enforcement in practice.  An efficient and well-balanced system for the protection of copyright and related rights is necessary for the preservation of national culture and identity. This course seeks to familiarize the students with the key industry concerns of the copyright-based industries.

Course Outcome

CO1: Identify and describe the basic requirement of copyright protection and ownership of copyrighted works.

CO2: List out the rights enjoyed by copyright owners.

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

CO4: Analyse the principles related to infringement of copyright.

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

Unit-1
Teaching Hours:15
INTRODUCTION TO COPYRIGHT LAW
 

 Historical Evolution of copyright law - Philosophical perspectives of copyright - Nature and scope of copyright - Test of originality – Idea/Expression Dichotomy - Different Works protected under copyright - Economic Rights of Copyright Owners - Author’s Moral Rights- International instruments related to copyright protection

Unit-2
Teaching Hours:8
AUTHORSHIP AND OWNERSHIP OF COPYRIGHT
 

 

Authorship and ownership of protected works – Definition and General rules; Difference between Contract of Service and Contract for service; Joint Authorship – Authorship and ownership of AI Generated Works

Text Books And Reference Books:

 

  1. Melville B. Nimmer and David Nimmer, Nimmer on Copyright, Indian Reprint, 2010, LexisNexis.

  2. William F. Patry, Patry on Copyright, South Asian Edition, 2012, Thomson Reuters.

  3. Kevin Garnett, Gillian Davies and GwillymHarbottle, Copinger and Skone James on Copyright, 16th Edition, 2011, Thomson Reuters.

  4. John Tehranian, Infringement Nation – Copyright 2.0 and You, 1st Edition, 2011, Oxford University Press.

  5. William Patry, How to Fix Copyright, 1st Edition, 2011, Oxford University Press.

  6. Paul Goldstein, Goldstein on Copyright, 3rd Edition, 2007, Aspen Publishers.

  7. Mira T. SundarRajan, Moral Rights – Principles, Practice and New Technology, 1st Edition, 2011, Oxford University Press.

  8. Alain Strowel (ed.), Peer-to-Peer File Sharing and Secondary Liability in Copyright Law, Edition 2009, Edward Elgar Publishing Limited.

  9. Robert W. Gomulkeiewicz, Xuan-Thao Nguyen and Danielle Conway-Jones, Licensing Intellectual Property – Law and Application, 1st Edition, 2008, Wolter Kluwer Law and Business. 

  10. Russell Parr, Royalty Rates for Licensing Intellectual Property, 1st Edition, 2007, John Wiley and Sons Inc.

  11. AkshatPande, Valuation of Intellectual Property Assets, 1st Edition, 2010, Eastern Law House.   

  12. Lionel Bently and Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford University Press.

  13. Jennifer Davis, Intellectual Property Law, 3rd Edition, 2008, Oxford University Press.

  14. Simon Stokes, Digital Copyright – Law and Practice, 1st Edition, 2005, Hart Publishing.

  15. Geoffrey P.Hull, The Recording Industry, 2nd Edition, 2004, Routledge Publication.

  16. Ruth Towse, Copyright in the Cultural Industries, Edition, 2002, Edward Elgar Publishing Inc.

  17. P Narayanan, Copyright and Industrial Designs, 3rd Edition, 2002, Eastern Law House.

Essential Reading / Recommended Reading
  1. Melville B. Nimmer and David Nimmer, Nimmer on Copyright, Indian Reprint, 2010, LexisNexis.

  2. William F. Patry, Patry on Copyright, South Asian Edition, 2012, Thomson Reuters.

  3. Kevin Garnett, Gillian Davies and GwillymHarbottle, Copinger and Skone James on Copyright, 16th Edition, 2011, Thomson Reuters.

  4. John Tehranian, Infringement Nation – Copyright 2.0 and You, 1st Edition, 2011, Oxford University Press.

  5. William Patry, How to Fix Copyright, 1st Edition, 2011, Oxford University Press.

  6. Paul Goldstein, Goldstein on Copyright, 3rd Edition, 2007, Aspen Publishers.

  7. Mira T. SundarRajan, Moral Rights – Principles, Practice and New Technology, 1st Edition, 2011, Oxford University Press.

  8. Alain Strowel (ed.), Peer-to-Peer File Sharing and Secondary Liability in Copyright Law, Edition 2009, Edward Elgar Publishing Limited.

  9. Robert W. Gomulkeiewicz, Xuan-Thao Nguyen and Danielle Conway-Jones, Licensing Intellectual Property – Law and Application, 1st Edition, 2008, Wolter Kluwer Law and Business. 

  10. Russell Parr, Royalty Rates for Licensing Intellectual Property, 1st Edition, 2007, John Wiley and Sons Inc.

  11. AkshatPande, Valuation of Intellectual Property Assets, 1st Edition, 2010, Eastern Law House.   

  12. Lionel Bently and Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford University Press.

  13. Jennifer Davis, Intellectual Property Law, 3rd Edition, 2008, Oxford University Press.

  14. Simon Stokes, Digital Copyright – Law and Practice, 1st Edition, 2005, Hart Publishing.

  15. Geoffrey P.Hull, The Recording Industry, 2nd Edition, 2004, Routledge Publication.

  16. Ruth Towse, Copyright in the Cultural Industries, Edition, 2002, Edward Elgar Publishing Inc.

  17. P Narayanan, Copyright and Industrial Designs, 3rd Edition, 2002, Eastern Law House.

Evaluation Pattern
  • CIA I – Class Test / Assignment / Presentation – 10%

  • CIA II – Mid Semester Examination – 25% 

  • CIA III – Research Topic – 10% 

  • Attendance – 05% 

  • End Semester Examination – 50% 

    TOTAL 100%

BBL8E4A - COMPARATIVE CORPORATE LAW (2018 Batch)

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

Course Objectives/Course Description

 

The general aim of the course is to provide the comparative position of working of Corporate Laws in Emerging Jurisdictions. From the regulatory and procedural perspectives, corporations are subjected to numerous compliances at cross borders. Group companies, transnational and multinational corporations are subject to the conditions prescribed by domestic corporations. This course, therefore, aims to provide the working knowledge required for dealing with the legal issues applicable for MNCs, TNCs and JVs.  This course has 6 Units.  Unit-I provides an overview and the need for understanding comparative corporate Law, its functions and purpose. Unit-2 aims at understanding the corporate finance rules applicable in emerging economies. Unit -3 envisage understanding the methods of shareholder voting and engagement in developed jurisdictions.  Unit-4 provide a comparative position of corporate governance law. Unit-5 focuses on corporate restructuring from a comparative perspective. Unit 6 concentrates on the working of corporate groups and agency problems.

Course Outcome

CO1: Understand the differences in the law applicable for corporations across developed and developing jurisdictions.

CO2: Apply the rules applicable for corporate groups.

CO3: Evaluate the Working of Multinational corporations and corporate governance principles

CO4: Draft policies for Shareholder voting and Engagement in emerging economies

Unit-1
Teaching Hours:10
Unit-I- Corporate Law in Emerging Economies
 
  • Ø  Introduction to Comparative Corporate Law, Purpose and objective
  • Ø  Basic regulatory regimes applicable in emerging economies
  • Ø  Corporate Laws applicable for large and small companies compared with LLP and Partnership
  • Ø  Company formation and the role of Regulators - Differences and Similarities
  • Ø   Derecognition of Corporate Personality and Role of Courts and the new developments- Comparative Perspectives.
Unit-2
Teaching Hours:10
Corporate Finance: Comparative Perspective
 
  • Ø  Rules applicable for raising and maintenance of Corporate Finance

    Ø  Capital Market Regulators of Emerging jurisdictions

    Ø   Hedge fund, Venture Capital, Startup financing in emerging economies

    Ø  Investor Protection Regulations and Regulators

    Ø  Listing Obligations, Delisting conditions in cross border stock exchanges

     

Text Books And Reference Books:
  1. John Armour Etal, ‘Anatomy of Corporate Law: Comparative and Functional Law approach’

    2.     Andreas Cahn, David C. Donald. Comparative company law: Text and Cases on the Laws Governing Corporations in Germany, the UK and the USA. Cambridge University Press, 2010.

    3.     Andenas M. and Wooldridge F. European Comparative Company Law. Cambridge University Press, 2009

    4.     Mc Cahery, J. and Vermeulen, E., Corporate Governance of Non-Listed Companies. Oxford University Press, 2008.

    5.     Brian R. Cheffins. Company law: theory, structure, and operation. Oxford University Press, 2000.

    6.     Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry B. Hansmann, Gérard Hertig, Klaus J. Hopt, Hideki Kanda, and Edward B. Rock. The Anatomy of Corporate Law. A Comparative and Functional Approach. Second Edition.  Oxford University Press, 2009.

Essential Reading / Recommended Reading
  1.      Francisco Reyes and Erik P.M. Vermeulen. Company Law, Lawyers and “Legal” Innovation Common-Law versus Civil Law// http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1907894
  2. Klaus J. Hopt. Corporate Governance in Europe: A Critical Review of the European Commission's Initiatives on Corporate Law and Corporate Governance// European Corporate Governance Institute (ECGI) - Law Working Paper No. 296/2015// http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2644156
  3. 3.     M.M. Siems. The Methods of Comparative Corporate Law.  2015// http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2593420
  4. 4.     M.M. Siems., D. Cabrelli. Convergence, Legal Origins, and Transplants in Comparative Corporate Law: A Case-Based and Quantitative Analysis//
  5. 5.     American Journal of Comparative Law, vol. 63 (2015), pp. 109-153// http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2629847
Evaluation Pattern

CIA-1 - 20 Marks

CIA-2 - 50 Marks

CIA-3- 20 Marks

End Sem Examination – 100 Marks

BBL8E4B - CONFLICT OF LAWS (2018 Batch)

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

Course Objectives/Course Description

 

Conflict of Law explores one of the most complex areas of the law when legal problems transcend jurisdictional boundaries especially when two countries can apply its laws to a particular situation or transaction. The purpose of Conflict of Laws is to assist a Court in deciding a case which contains a foreign element. It consists of three main topics, namely the jurisdiction of the respective court, in the sense of its competence to hear and determine a case. Second, the selection of the appropriate rules of a system of law; domestic or foreign, which it should apply in deciding a case over which it has jurisdiction. The rules governing this selection are known as ‘choice of law’ rules. Finally, the recognition and enforcement of judgments rendered by foreign courts or awards of foreign arbitration. It is imperative to understand the concepts involved and the inter-relation between the concepts themselves; which coupled with sound logic and good language go a long way in applying the knowledge of law to a given situation.  

 

UNIT 1 aims at the basic understanding of the conceptual facets of the subject and the fundamental interpretations governing the field. UNIT 2 is an account of the different personal factors dominating the trans-national activities. UNIT 3 is designed to study the very crucial jurisdictional issues in the light of English rules. UNIT 4 aims to impart the issues relating to sovereign immunity and the status of foreign judgments. UNIT 5 looks into the marital status and child care in the wake of various transactions across the borders. UNIT 6 envisages the commercial and tortuous liability with reference to trans-national omissions and commissions. UNIT 7 is devised to study the vignettes of international litigation.

Course objectives:

1. .To understand both the theoretical framework and the functioning of international law.

2. To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

3. To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

4. Aims to impart the issues relating to sovereign immunity,marital status,child care,commercial liability,tortious liability and the status of foreign judgments.

 

5. Devised to study the vignettes of international litigation.

Course Outcome

CO 1: To understand both the theoretical framework and the functioning of international law.

CO 2: To acquaint the students with the conceptual facets of the subject and to interpret and apply laws to legal issues.

CO 3: To prepare the students for a clearer understanding of transnational transactions in the light of the domestic law and crucial jurisdictional issues

CO 4: Aims to impart the issues relating to sovereign immunity, marital status, child care, commercial liability, tortious liability and the status of foreign judgments.

CO 5: Devised to study the vignettes of international litigation.

Unit-1
Teaching Hours:8
Introduction to Conflict of Laws
 

Meaning of conflict of laws, definition of country, need to plead and prove foreign law, characterization, challenges, public policy 

Unit-2
Teaching Hours:8
Personal Factors
 

Residence, domicile, domicile of corporations, domicile and nationality, persons liable for deportation and mentally disordered persons

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%

 

 

BBL8E5A - LAW OF WRITS (2018 Batch)

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

Course Objectives/Course Description

 

Law of Writs course consists of four units. Unit 1 deals with meaning, development nature and types of writs; Unit 2 spells out the general principles of writ jurisdiction under Articles 32 and 226; Unit 3 explains the principles of Natural Justice and Public Interest Litigation and Unit 4 examines the scope of judicial review, procedural ultra vires, abuse of discretionary power, Proportionality, Legitimate expectation, Procedural Impropriety, and their position in England, United States and Canada; and Judicial activism 

 

This course aims to:

  • Provide an understanding of the meaning, development, nature and types of writs
  • Define, explain and examine the concept of locus standi
  • Spell out the general principles of writ jurisdiction under Articles 32 and 226
  • Explain the principles of Natural Justice and Public Interest Litigation
  • Explain and examine judicial power and its position in England, US and Canada 

 

 

Course Outcome

CO 1: Explain the meaning, development, nature and types of writs.

CO 2: Summarize the concept of locus standi.

CO 3: Examine the scope of locus standi.

CO 4: Illustrate the principles of writ jurisdiction.

CO 5: Identify the distinction between Articles 32 and 226.

CO 6: Explain the principles of Natural Justice and PIL.

CO 7: Evaluate the concept of PIL.

CO 8: Explain and compare the judicial power in England, US and Canada

Unit-1
Teaching Hours:15
NATURE AND ORIGIN OF THE WRITS
 

Meaning and historical background of the writs, Scope of the power of the courts, Nature of the proceedings, Locus standi, Nature of the relief, Types of writs.

Unit-2
Teaching Hours:15
GENERAL PRINCIPLES OF THE WRIT JURISDICTION
 

Writ jurisdiction of the Supreme Court and High Court, Petition under Article 32,

Writ under Article 226, Territorial Jurisdiction, Orders and directions of the Supreme Court, Delay, Laches and Acquiescence, Compensatory Jurisprudence.

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%

BBL8E5B - INTERNATIONAL CRIMINAL LAW (2018 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

At the end of this course, students will be able to:

 

  1. Demonstrate a clear understanding of the development of and importance of international criminal law.

  2. Identify the sources of international criminal law.

  3. Recall the evolution and development of the concept of individual criminal responsibility.

  4. Enumerate and describe in detail the defences to liability under international criminal law.

  5. Classify and analyse the crimes of Genocide, Crimes against humanity, War crimes and aggression.

  6. Identify 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

Text Books And Reference Books:
  1. IIias Bantekas and Susan Nash, International Criminal Law, 3rd edition, 2007
  2. Robert Cryer et.al, International Criminal law and Procedure, 2nd ed. Cambridge, 2010
  3. William A. Schabas, The International Criminal Court: A Commentary of the Rome Statute, Oxford, 2010.
  4. Alamuddin et al (eds.), The Special Tribunal for Lebanon, 2014, Oxford Books.
  5. Waters, The Milosevic Trial, 2014, Oxford Books.
  6. Heller and Simpson (eds), The Hidden Histories of War Crimes Trials, 2014, Oxford Books.
  7. Shahabuddeen, International Criminal Justice at the Yugoslav Tribunal, 2014, Oxford Books.
  8. Jorgensen, The Responsibility of States for International Crimes, 2012, Oxford Books.
Essential Reading / Recommended Reading

·         London Agreement

·         Nuremberg Charter

·         Tokyo Charter

       ICC Statute

·         ICTY Statute

·         ICTR Statute

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL961 - LAW OF TAXATION (2017 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. The essential aspects of interpretation of taxing statutes in changing times are dealt in Unit 7. Unit 8 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

UNIT 1
Teaching Hours:8
HISTORICAL AND CONSTITUTIONAL FOOTINGS OF TAXATION
 

Historical Background of Taxation in India, Canons of a Good Taxing System, Characteristics of Tax, Reasons for Taxation, Kinds of Taxation, Types of Taxes, Merits and Demerits of Direct and Indirect taxes, Constitutional Provisions relating to Taxation.

UNIT 2
Teaching Hours:8
DIRECT TAX LAWS MODULE 2: FUNDAMENTAL NOTIONS OF INCOME TAX ACT, 1961
 

Basic concepts/Definitions – Assesse, Persons,  Previous year, Assessment Year, Distinction between Capital and Revenue Receipts, Income, Basis of Charge and Scope of Total Income, Incomes which do not form part of the Total Income, Residential Status and Incidence of Tax, Agricultural Income and Taxability.

UNIT 3
Teaching Hours:8
TAX TREATMENT UNDER SALARIES AND HOUSE PROPERTY
 

Heads of Income, Basis of Charge of Salaries, Concept of Allowances and Perquisites, Profits in lieu of Salary, Computation of Salary in Tax, Deduction from Salaries, Basics relating to Income from House Property, Charging Section in House Property, Determination of Annual Value, Deductions under the head House Property.

Text Books And Reference Books:

 

 Dr.Girish Ahuja and Dr.Ravi Gupta, Systematic Approach to Taxation, Bharat 33rd Edition, 2016-2017

2.      Dr. Vinod Singhania and Dr .Kapil Singhania, Direct taxes law and Practice, Taxmann, 43rd Edition

3.      Sampath Iyengar, Law of Income tax ,Bharat Law House, 2008

4.      K N Chaturvedi, Interpretation of Taxing Statutes, Taxmann, 2008

5.      Dr. A L Saini & Dinesh Saini, Practice Guide to Appeals and Petitions Under Income Tax Act, 2016

6.      V.S. Datey, All About GST- A Complete Guide to New Model GST Law, 5th  Edition, Taxmann, 2017

 

 

Essential Reading / Recommended Reading

Dr.Girish Ahuja and Dr.Ravi Gupta, Systematic Approach to Taxation, Bharat 33rd Edition, 2016-2017

2.      Dr. Vinod Singhania and Dr .Kapil Singhania, Direct taxes law and Practice, Taxmann, 43rd Edition

3.      Sampath Iyengar, Law of Income tax ,Bharat Law House, 2008

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL962 - LAW OF EVIDENCE (2017 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.

 

Text Books And Reference Books:

 

  1. Indian Evidence Act, 1872. New Delhi: Universal Law Publishing.
  2. Nandi. Indian Evidence Act, Kolkata: Kamal Law House, 2005.
  3. Mishra, Ranganath. Supreme Court on Evidence Act. New Delhi: Bharat Law House 2009.
  4. Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2014.
  5. Singh, Avtar. Principles of the Law of Evidence. Allahabad: Central law Publication, 2014.
  6. Lal, Batuk. Batuk Lal’s Law of Evidence. Allahabad: Orient Publishing Company 2004.

 

Essential Reading / Recommended Reading

 

4.      Dr.Asis Mallick: Law of Evidence : Eastern Law House, 1st Edition, 2011.

 

5.      Ratanlal & Dhirajlal: The Law of Evidence, Wadhwa Company, Nagpur , 2014.

 

6.      Woodroffe and Amir Ali (Revised by: B.M.Prasad,Manish Mohan) , Lexis Nexis, 2012.

 

7.      Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law Publishing, 2010

 

11.  Field’s Commentary on Law of Evidence. Delhi: D. L. House, 2006.

 

 

14.  Indian Evidence Act, 1872. New Delhi: Universal Law Publishing.

 

15.  Ram Jethmalani & D.S.Chopra.,The Law of Evidence-Commentary on Evidence., First Edition 2013.,Vol.I & II.,Thomson Reuters

 

16.  Sarkar Law of Evidence., Lexis Nexis Vol. 1 & 2, 2013

 

Evaluation Pattern

1)      CIA 1 – 10%

2)      CIA 2 – 25%

3)      CIA 3 – 10%

4)      End Sem – 50%

BBL975 - DRAFTING, PLEADING AND CONVEYANCE (C1) (2017 Batch)

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

Course Objectives/Course Description

 

This Paper aims at giving the students an opportunity to peep into the working of law by referring to various practical aspects of civil and criminal laws. It also emphasizes on the conveyancing aspects and imparts the students the requisites of various deeds that go to make the theoretical law complete.

Course Outcome

CO1: Draft the legal deeds/documents/pleadings flawlessly.

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
UNIT 1- DRAFTING
 

Learning Outcome: At the end of this Unit, students would be in a position to appreciate the quintessential norms of drafting deviation from which would scuttle the prospects of a case.

General principles of drafting, Substantive rules

Unit-2
Teaching Hours:14
UNIT 2 - PLEADINGS (CIVIL)
 

Learning Outcome: On studying this Unit, students will be able to write plaints as well as other civil pleadings.

Plaint, written statement, IA, OP, Affidavit, Execution Petition, Memorandum of Appeal and Revision Petition, petitions under Art. 226 and Art. 32 of the Constitution

Text Books And Reference Books:
  1. Sengupta, Ajit K. Majumdar’s Law Relating to Notices. Kolkata: Eastern Law House Pvt. Ltd., 2005.
  2. Mogha G. C. Mogha’s Law of Pleadindgs in India with Precedents. 17th ed. Lucknow: Eastern Book Company, 2006 (2009).
  3. Shrivastava J. M. Mogha’s Indian Conveyancer. 14th ed. Lucknow: Eastern Book Company, 2009.
  4. Bindra, M. S. Bindra's Pleading & Practice Vol. 1 & 2. New Delhi: Universal Law Publishing, 2010.
  5. Parimeswaran, S. Law of Affidavit. New Delhi: Universal Law Publishing, 2003.
  6. Rathwade, Rajaram S. Legal Drafting, Pune:Hind Law House, 2010.
Essential Reading / Recommended Reading

1. The Karnataka Courts Practice Manual – Law Practice and Procedure ( 2 Volumes),

2. Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 P Acc No. 22305,22306)

3. The Karnataka High Court Manual, Karnataka Law Journal Publications, Bangalore, 2015 (BK 347.5401 PU Acc No. 21682)

4. Bindra, M. S. Bindra&#39;s Pleading &amp; Practice Vol. 1 &amp; 2. New Delhi: Universal Law Publishing, 2010.

5. Kafaltiya, A.B., Textbook on Pleadings, Drafting &amp; Conveyancing, Universal Law Publications, 2010

6. Aggarwal, S.P., Drafting and Conveyancing, LexisNexis Butterworths, 2005

7. Kolhatkar, Medha., Drafting, Pleading and Conveyancing, LexisNexis, 2015

8. Sahni and Bansal., Civil Pleadings &amp; Art of Better Drafting, Capital Law House, Delhi, 2015

9. Wadehra, B.L., Public Interest Litigation, with Model PIL Formats, 5 th Ed., Universal Law Publication, 2016

Evaluation Pattern
  • Class Tests – 40%
  •  Mid Semester Examination – 20%
  •  Record Book – 30%
  •  Viva Voce – 10%

BBL976 - ALTERNATIVE DISPUTE RESOLUTION (C2) (2017 Batch)

Total Teaching Hours for Semester:70
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

Course Description:

 This course introduces students to the rules that govern how alternative dispute resolution is conducted. The course contains an overview of negotiation, mediation, conciliation, arbitration and the entire body of rules ranging from commencement of proceedings, to defining issues, to enforcement of judgments. There is particular emphasis upon simulation exercise for the different alternative dispute resolution mechanisms.

Unit 1 negotiation skills, it helps the students to understand the Conflict Resolution, and Negotiation Skills. Unit 2, Mediation and conciliation skills, enables the students to learn mediation and conciliation process, methods & skills, Unit 3: Arbitration, helps the students to understand the legal regime of arbitration, arbitration agreement, types of arbitration, constitution of arbitral tribunals, appointment of arbitrators and arbitral awards. 

Practical exercise for conciliation, mediation, negotiation and arbitration enhances the skills of students.  The final year students are expected to get acquainted with the theoretical & practical knowledge about alternative modes of dispute resolution which have gained primacy in the present context

 

Course Objective:  The main objectives of the Course are:

·      To study international legal framework with respect to ADR mechanisms.

·      To understand the Indian legal regime on Arbitration, Mediation, Conciliation & Negotiation.

·      To explain various dispute resolution methods of arbitration, mediation and conciliation.

·      To identify the strengths and weaknesses of various dispute resolution methods.

·      To compare and contrast various legal implications of each method and train students to be effective Arbitrators, Conciliators and Mediators.

 

Course Outcome

CO1: To explain various legal frameworks on arbitration, mediation, conciliation and negotiation.

CO2: To analyze the international legal frame work on arbitration and conciliation.

CO3: To apply procedures of ADR mechanisms to hypothetical problems and address the issues of the clients

CO4: To identify the issues, and act for the best interest of the parties.

Unit-1
Teaching Hours:5
UNIT 1: NEGOTIATION SKILLS
 

 

Understanding Conflict and Disputes: Modes of Dispute Resolution, need for ADR-Importance of Negotiation as a method of Conflict Resolution, Negotiation Skills and Behaviour, Rule of law; Ethics and Policies, Simulation Exercises.

Unit-2
Teaching Hours:45
UNIT 2: MEDIATION AND CONCILIATION SKILLS
 

Mediation and Restorative Justice: Theory of restorative justice and its application, Gandhian principles of non-violent conflict resolution, traditional mediation practices in India and abroad 

 Mediation Laws in India: Judicial interpretation and relevant case law, dispute resolution institutions in India 

 Key Concepts in Mediation: Essential elements, process and stages, approaches to Mediation, role of the mediator 

 Importance of Communication: Elements of verbal and non-verbal communication, effective and ineffective communication techniques 

 Conducting Effective Mediation: Decision-making techniques [BATNA/WATNA/MLATNA], problem-solving tactics, ensuring positive outcomes 

Qualities and Skills of Mediators: Developing mediation skills, code of ethics, confidentiality requirements 

Status of Mediated Agreements: Drafting of agreements, sanctity of mediated agreements, enforcement laws and procedures 

Important Developments in Mediation: Growth of virtual dispute resolution, Pre-Institution Mediation, UNCITRAL Model Law, Singapore Convention

 

Conciliation-Meaning, conciliation as a mode of settlement of disputes, distinction between negotiation, mediation and conciliation, advantages, Appointment of conciliators, commencement of conciliation proceedings, submission of statements, communication between conciliator and the parties, Role of a conciliator, settlement agreement- status and effect. Termination of conciliation proceedings.

Simulation exercise on mediation and conciliation- 

 

Process/stages of Mediation and conciliation: Problem-defining, Problem-solving and settlement stages. Opening round, joint sessions and private caucus. Gathering information, analyzing issues and interests, generating options and proposals, resolving disagreements, reaching agreement

 

Text Books And Reference Books:

 

  1. Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution’,Oxford University Press, USA, 2014

  2. Albert Fiadjoe: Routledge,Alternative Dispute Resolution: A Developing World Perspective., 2013.

  3. Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

  4. Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on the arbitration and conciliation act, 1996. New Delhi : LexisNexis ButterworthsWadhwa Nagpur, 2009.

  5. Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

  6. Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

  7. Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009

  8. Stuart Sime , Susan Blake , Julie Browne, ‘A Practical Approach to Alternative Dispute Resolution.  Oxford University Press, USA, 2014

  9. Albert Fiadjoe: Routledge,‘Alternative Dispute Resolution: A Developing World Perspective., 2013.

  10. Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West Group, 2001.

  11. 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.

  12. Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New Delhi : LexisNexis Butterworths, 2006.

  13. Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed. Kolkata : Eastern law House, 2004.

  14. Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis ButterworthsWadhwa, 2009.

Essential Reading / Recommended Reading
  1. AnirBhanchkraborthy, ‘Law &Practise of Alternative dispute analysis- a detailed study, Lexis Nexis,2015.

  2. Madabhushi Sridhar, Alternative dispute resolution, Lexis Nexis,2010.

  3. Avatar Singh,Law of arbitration and conciliation and dispute resolution system, Eastern Book Company2013.

  4.  Susan Blake, Julie Brown, Practical approach to alternative dispute resolution,OUP Oxford,2014

  5.  Vishnu S warrior, Arbitration, conciliation and mediation, Lexis Nexis,2014.

  6. New Case Law Referencer on Arbitration and Conciliation Act,”Hari Dev Kohli”.2nd  Ed.,Universal Law Publishing.

  7. A Critical Study of Alternative Dispute Resolution System”,Dr.B.S.Hanasai.

 

Evaluation Pattern
  • 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%

BBL983 - COMPETITION LAW (2017 Batch)

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

Course Objectives/Course Description

 

The process of globalization and liberalization have brought a considerable awareness towards improving the competitive process in developing economies such as India. Until recently most of the developing countries operated without a structured competition policy, and have justified the intervention by the state over economic activities. India owing to its WTO obligations enacted Competition Act, 2002. The course seeks provide fundamentals of market economy and extensive knowledge of application of competition policy in India.

 

·      Course Objectives :

  •   To equip students with an understanding of principles of Competition law, together with the ability to subject it to critical, legal and economic analysis.
  •  To provide an understanding of fundamentals of market economy and extensive knowledge of application of competition policy on such systems in India.
  • To study the developments of the policy of free and fair Competition in India in the light of latest  legal developments, from MRTP to the Competition Act.
  • To study and understand the working of Competition Law Enforcement and compare the same with US and EU.
  • To compare substantive laws relating to Competition in India, EU and US, including the control of monopoly and oligopoly, merger control, anti-competitive agreement and abuse of dominant position.

 

Course Outcome

CO1: Critically examine the types of behaviours and market circumstances that invoke Competition law and policy and be able to appreciate economic theory, practice and analytic tools that underpin and inform Competition Law and policy.

CO2: Test the strategies and mechanisms of Competition Law Enforcement and compare the same with US and EU.

CO3: Analyse and apply economic theory and the legal requirements of CCI and COMPAT/NCLAT to determine and resolve complex Competition Law issues.

CO4: Examine the challenges faced by corporations when they expand in an organic or non-organic manner into new territories, markets and products.

CO5: Independently research and evaluate solution to more complex Competition law, 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

 

Text Books And Reference Books:
  • Whish, Richard. Competition Law. London: Oxford University Press, 2009.
  • Furse, Mark. Competition Law of the EC and UK. London: Oxford University Press, 2008.
  • Dugar, S. M. Guide to Competition Law: Containing Commentary on Competition Act, MRTP Act and Consumer Protection Act. LexisNexis-Butterworths Wadhwa Nagpur, 2010.
  • Dhall, Vinod. Competition Law Today: Concepts, Issues, and the Law in Practice. New Delhi: Oxford University Press, 2007.
  • Ritter, Lennart. European, Competition Law: A Practitioners Guide. Netherlands: Kluwer Law International, 2004.
  • Rodger, Barry J. Competition Law and Policy in the EC and UK. London: Cavendish, 1999.
  • Dabbah, Maher M. EC and UK Competition Law: Commentary, Cases, and Materials. London: Cambridge University Press.
  • Mittal, D. P. Competition Law and Practice. New Delhi: Taxmanns Allied Services, 2008.
  • Ramappa, T. Competition Law in India: Policy, Issues, and Developments. New Delhi: Oxford University Press, 2006.
Essential Reading / Recommended Reading

  1. Ioannis, N. Kessides. Reforming Infrastructure: Privitization, Regulation, and Competition. Washington D. C.: World Bank, 2004.
  2. Karmerling, Alexandra. Restrictive ConvenantsUnder Common and Competition Law. London: Sweet and Maxwell, 2007.
  3. Nazzini, Renato. Concurrent Proceedings in Competition Law. London: Oxford University Press, 2007.
Evaluation Pattern

SCHEME OF VALUATION

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

BBL9E1 - NEGOTIATION, DRAFTING AND VETTING OF CONTRACTS (2017 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION:                                                                                             

This is a skill development course aimed at imparting practical training on negotiating drafting and vetting of contracts. The entire course is divided into 4 (Four) units. UNIT 1 is designed to connect the existing knowledge of the students on contract law with the applicatory part of the same. This unit will enable the students to understand the provisions of the contract law from a fresh perspective Unit 2 deals with the theories, tools and techniques involved in negotiating a legally binding contract. Unit 3 contains drafting of selected types of contracts, their essentials and formalities. Unit 4 focuses on the concept of vetting of contracts and vetting of selected types of contracts. 

 

COURSE OBJECTIVES:

Objectives of this course are:

1.     To inculcate practical understanding of applied contract law in the students.

2.     To equip the students with the knowledge of the nitty-gritties of effective negotiation.

3.     To develop the ability in the students to draft effective contracts.

4.     To introduce the students to the process of vetting contracts

Course Outcome

CO1: Classify and differentiate between various kinds of contract and to extract essential information from a contract.

CO2: Negotiate a contract on a given subject.

CO3: Draft, interpret and modify Contracts.

CO4: Analyze the process of contract vetting and vet contracts based on the principles.

Unit-1
Teaching Hours:10
INTRODUCTION
 

 

1.     Overview of The Indian Contract Act

2.     Types of contracts

3.     modes of contract making

4.     Process of formation of contracts

5.     Enforceability of contracts

6.     Breach of contracts and remedies

7.     Arbitration

Unit-2
Teaching Hours:20
Negotiation of Contracts
 

1.     Concept of negotiation of contract

2.     Pre-negotiation preparations and Pre negotiation documents

3.     Influencing factors in contract negotiation

4.     Modes of Incorporation of contractual Clauses

5.     Terms generally used in contracts

6.     Checklist for legally binding contracts

7.     Arbitrability

Text Books And Reference Books:

1.     Anderson, M. and warner, V. (2007). Drafting and negotiating commercial contracts. 2nd ed. Tottel Publishing.

2.     Macdonald, E. (2006). Exemption clauses and unfair terms. 2nd Ed. Bloomsbury Professional.

3.     Ward, E(2011). Contract Negotiation Handbook: Getting the Most Out of Commercial Deals. 1 Ed. Wrightbooks


 

Essential Reading / Recommended Reading

BASIC PRINCIPLES OF CONTRACT DRAFTING -Chris Goddard, with Amy Fellner and Rue-Ann Ormand

A BOOK ON DRAFTING OF COMMERCIAL CONTRACTS AND  by CA. Rajkumar S. Adukia

Evaluation Pattern

SCHEME OF VALUATION

·       Negotiation Exercise                                     20%

·       Drafting of contract                                       20%

·       Vetting of Contract                                        20%                            

·       Record Book + Viva                                       40%                                                                   

                                                               TOTAL 100%

BBL9E2 - WITNESS EXAMINATION (2017 Batch)

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

Course Objectives/Course Description

 

 

COURSE DESCRIPTION

 

“Witnesses” as Bentham said: are the eyes and ears of justice. If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets putrefied and paralysed, and it no longer can constitute a fair trial. ‘Witness’ is an essential component of administration of justice. By giving evidence relating to the charge of an offence or of a litigious fact, the witness carries out a sanctified duty of assisting the court to discern the truth. The information provided by witnesses becomes part of evidence. This is the reason why before giving evidence the witness either takes an oath in the name of God or makes a solemn affirmation that he will speak the truth, the whole truth and nothing but the truth. The witness has no risk in the decision of the criminal court as he is neither the accused nor the victim. He has no liability in a civil case as he is not a plaintiff or defendant and does not lose or suffer a decree. On the other hand, he is friend of the court. The witness performs an important public duty of assisting the court in deciding a lis. He sacrifices his time and takes the trouble to travel all the way to the court to give evidence. The witness should therefore be treated with great respect and consideration as a guest of court. Unfortunately, all these are seen not to be happening in the courts. Witness protection program and witness protection laws are simply the need of the hour.

 

 

 

COURSE OBJECTIVES:

a.      Students will study the procedural as well as practical aspects of witness examination.

b.      Students will be familiarized with the leading cases and legislative proposal to the concept of witness examination.

c.       This course facilitates the students to learn about trial procedure and appropriate provisions in other statutes.

d.     This course will have features of practical training, mock trials and moot court problem in each unit. After completion of this paper, the student is able to understand the procedural aspects particularly before subordinate courts.

Course Outcome

CO1: Examine the credibility of witnesses, basic inputs, and ethics in witness preparation.

CO2: Demonstrate a plan for establishing each legal element of a given simulation exercise to the required standard of proof with admissible evidence in civil proceedings.

CO3: Evaluate a plan and execute a witness examination that comports with evidentiary standards and that persuasively establishes a fact in issue in criminal proceedings.

CO4: Identify measures to emphasize prohibition against tampering with witnesses and the need to protect them.

CO5: Compare series of measures shall be adopted to safeguard witnesses and their family members from intimidation and threats against their lives, reputation, and property.

Unit-1
Teaching Hours:10
INTRODUCTION OF WITNESSES
 

Meaning of Witness; Understanding the witness; Competency of witness; credibility of witness. Chief Examination; Cross-examination and re-examination of witnesses; Art of Cross-examination; Basic Principles of being a witness; Seven Steps for preparing the witness; The Ethics of witness preparation.

Unit-2
Teaching Hours:15
WITNESSES IN CIVIL PROCEEDINGS
 

Plaintiff’s witnesses; Defendant’s witnesses; Court witnesses; Demeanor of witness; Summons to witness (S.31 of CPC); Production of witnesses without summons (O.XVI of CPC); Expenses of witness;

Text Books And Reference Books:

1. Daniel I.Small, “Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, 3rd Edition 2009., American Bar Association.

 2. C.K. Takwani Civil Procedure, 7th ed.,

 3. Ram Jethmalani & D.S.Chopra.,The Law of Evidence-Commentary on Evidence., First Edition 2013.,Vol.I & II.,Thomson Reuters

2013

Essential Reading / Recommended Reading

1. Ratanlal & Dhirajlal-The Law of Evidence, Lexis Nexis, 23rd Edition, 2010

 2. VSR Avadhani and V Soubhagyavalli, “Lessons on Law of Witness & Evidence”,Vinod Publications (P) Ltd., Edition 2017.

 3. Dr.V.Nageswara Rao: The Indian Evidence Act, Lexis Nexis, Second Edition 2015

Evaluation Pattern

EVALUATION

·         Component 1: Simulation Exercise-20%

·         Component 2: Case Analysis           -20%

·         Component 3: Moot Court               -60%

BBL9E3 - ARTIFICIAL INTELLIGENCE AND LAW (2017 Batch)

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

Course Objectives/Course Description

 

Artificial Intelligence refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions. The term may also be applied to any machine that exhibits traits associated with a human mind such as learning and problem-solving.  Since technology has moved into almost all spheres of human life, it has its pros and cons. There is a necessity to understand artificial intelligence from a lawyer’s perspective. The emphasis is to know the interface and provide for the challenges in future.

Course Outcome

1: Explain the concepts that form the foundation of Artificial Intelligence (Employability in Technology driven sector)

2: Appraise the theoretical framework that is applicable for regulation of Artificial Intelligence

3: Draft arguments in disputes arising in social and commercial transactions using Artificial Intelligence (Employability)

4: Evaluate the laws and policies as tools for fair use of Artificial Intelligence without affecting the human values of justice and fairness globally

5: Analyse the working of the regulatory bodies that may apply artificial intelligence to their regulatory mechanisms at the national and global level

6: Draft policies that facilitate the use of Artificial Intelligence in social and commercial transactions (Research Skills)

Unit-1
Teaching Hours:20
BASICS OF ARTIFICIAL INTELLIGENCE
 

1.      Definition, nature and scope of artificial intelligence

2.      History of Artificial Intelligence

3.      Theories for development of Artificial Intelligence

4.      Basic technical aspects of AI, machine learning, deep learning and natural language processing

5.      Legal Informatics and AI

Unit-2
Teaching Hours:10
JURISPRUDENCE AND ARTIFICIAL INTELLIGENCE
 

1.      Personality and property

2.      Privacy, morality and ethical issues

3.      Rights and duties

4.      Liability of AI : Strict, Absolute and Vicarious Liability

5.      Judicial mechanism and AI

Text Books And Reference Books:

1.      Research Handbook on the Law of Artificial Intelligence- Woodrow Barfield; Ugo Pagallo Edward Elgar Publishing co.

2.       Artificial Intelligence and Legal Analytics- New tools for law practice in digital age. Kevin D Ashley; Cambridge University Press

3.      Argumentation Methods for artificial intelligence in law; Douglas Walton; Springer Publications

Essential Reading / Recommended Reading

1.      Tomorrow's Lawyers: An Introduction to Your Future 2nd Edition, by Richard Susskind.

2.      Artificial Intelligence and Law; Pawan Duggal; 1st ed 2017

3.      Robotics, AI and the future of Law; Marcelo Corrales, Mark Fenwick, Nikolaus Forgo, Springer Publication

4.      Robots in Law: How Artificial Intelligence is transforming legal services, Joanna Goodman, ARK Group, 2016

5.      Regulating Artificial Intelligence, Thomas Wischmeyer, Timo Rademacher, Springer 2019

6.      Mind, Machine and Metaphor: An essay on Artificial Intelligence and Legal Reasoning; Alexander E Silverman, Routledge 2019.

7.      Legal Personhood: Animals, Artificial Intelligence and the Unborn; Visa A.J. Kurki, Tomasz Pietrzykowski; Springer 2017.

8.      Artificial Intelligence Research and Development, Cesar Fernandez, Hector Geffiner, Felip Manya, IOS Press 2019 .

 

 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

BBL9E4 - TELECOMMUNICATION LAW (2017 Batch)

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

Course Objectives/Course Description

 

Course Description - UNIT 1 is designed to introduce students to the area of the telecommunications the various aspects of telecommunication – technological, economical, legal and regulatory – and the need for its regulation. Furthermore, discusses the telecommunication reforms in the developing countries. UNIT 2 is to introduce students to various laws and authorities in India related to the regulation of telecommunication.  UNIT 3 introduces the students to the various key regulatory issues related to telecommunications. UNIT 4 introduces the students to the various transactions made in the field of telecommunications.  UNIT 5 is to acquaint students with data privacy issues in the field of telecommunication. Unit 6 deals with the communication content regulation across various jurisdictions. Unit 7 deals with the international institutions related to the regulation of telecommunications.

Course Objectives - The course discourses the historical evolution of telecommunication sector. The course further analyses the laws that regulate the telecom sector, viz, Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933 and the Telecom Regulatory Authority of India Act, 1997. The course equips students to understand the Intellectual property issues, competition law issues and various other regulatory issues that exist in the telecom sector. The course also examines the data privacy laws and content regulation laws that governs telecommunication sector. The course also enables students to understand the International Regulatory Regime with respect to Telecommunication sector.

Course Outcome

CO 1: Know the history of telecommunication law

CO 2: Analyse the laws that regulated telecommunication Sector.

CO 3 : Examine the Intellectual Property and Competition Law issues in the telecommunication sector.

CO 4: Evaluate the data privacy and communication content regulations in India as against U.S and UK laws.

CO 5: Identify the various international organisations and international instruments that governs international telecommunication law.

CO 6: Demonstrate a critical analysis of the USA and EU telecommunication laws.

Unit-1
Teaching Hours:10
INTRODUCTION
 

Telecommunication law and regulation, communication technologies, services and markets, economics of telecommunications regulation, Telecommunication Policy of India, Historical evolution of telecommunication law and policy, Market structure of the Telecom operators, Constitutional aspects of communication law, Telecommunication Reform in Developing Countries.

Unit-2
Teaching Hours:10
REGULATORY FRAMEWORK
 

Important Acts and regulatory authorities - Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, Telecom Regulatory Authority of India Act, 1997, Telecom Commission, TRAI, Telecom Dispute Settlement and Appellate Tribunal, Telecommunication law in UK, US and European Union. 

Text Books And Reference Books:
  1. Walden, Ian (Ed.) Telecommunications Law and Regulation. 3rd ed. London: Oxford University Press, 2009.
  2. Raghava, Vikram. Communications Law in India: Legal Aspects of Telecommunications, Broadcasting, and Cable Services. New Delhi: LexisNexis Butterworths, 2007.
  3. Price, Monroe. Broadcasting Reform in India. New Delhi: Oxford University Press, 2000.
  4. TDSAT. Telecom Broadcasting and Cable Laws. TDSAT, 2008.
  5. Prasad, R.U.S. Resolving Disputes in Telecommunications: Global Practices and Challenges. New Delhi: Oxford University Press, 2011.
  6. Chakravartty, Paula. Media Policy and Globalization. Jaipur: Rawat Publications, 2007.
  7. Koenig, Christian ed. EC Competition and Telecommunications Law. 2nd ed. Austin: Wolters Kluwer, 2009.
  8. Blackshaw, Ian ed. TV Rights and Sport: Legal Aspects. The Hague: T.M.C. Asser Press, 2009.
  9. Cable Television Networks (Regulation) Act, 1995.
  10. Cinematograph Act, 1952.
  11. Media, Press & Telecommunications Laws. Lucknow, Eastern Book Company, 2007.
  12. Buckley, Steve, Toby Mendel and Sean O Siochru. Broadcasting Voice and Accountability: A Pubic Interest Approach to Policy, Law and Regulation. Washington: The World Bank Group, 2008.
  13. Geradin, Damien ed. The WTO and Global Convergence in Telecommunications and Audio-Visual Services. Cambridge: Cambridge University Press, 2004.
  14. Rajagopal, Arvind ed. The Indian Public Sphere. New Delhi: Oxford University Press, 2009.
Essential Reading / Recommended Reading
Recommended References
 

1. The Telegraph Act, 1885.

2. The Indian Wireless Telegraph Act, 1933. 

3. The TRAI Act, 1997.

4. The Telecommunication ACt, 1996 (The USA) 

Evaluation Pattern

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

·         CIA II – Mid Semester Examination                                 – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                    TOTAL 100%

BBL9E5 - AVIATION LAW (2017 Batch)

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

Course Objectives/Course Description

 

Course Description

The primary focus of the course is to impart the concept and legal aspects relating to aviation laws at an international, national and municipal level. The aviation industry is growing fast globally. The international and national civil aviation sector is significant from a legal and economic perspective. Aviation laws and air transport are significant in the present and future centuries. Freedom of air space and sovereignty are two disputed aspects in the international aviation sector. Aviation criminal law, aviation labour law, aviation insurance, aviation business, aviation medical cases, dispute settlement, liability and insurance are some of the major legal issues relating to the aviation sector. There are international, national and municipal laws that regulate the aviation sector.

Course Objective

  • To understand the origin and development of aviation laws
  • To acquaint the students with the development of aviation laws at the international and national level and the fundamental principles applied.
  • To develop an understanding of airport laws and also the implications of aviation laws on the environmental laws by analysing national and international laws in this respect.
  • To acquaint about the dispute settlement mechanism under the aviation laws.
  • To draft policies pertaining to existing and emerging legal issues relating to the aviation sector.

Course Outcome

By the end of the course the students will be able to:

  1. Explain the historical development of aviation laws from international and national perspectives
  2. Understand, explain and apply the fundamental principles of aviation law.
  3. Explain the developing areas of aviation law.
  4. Describe and analyse airport laws.
  5. Critically analyse aviation law and its implications on environmental laws.
  6. Understand and analyse the dispute settlement mechanism in aviation laws and able to suggest solutions for aviation disputes.

Unit-1
Teaching Hours:15
Overview and Development of Aviation Law
 

Origin and development of aviation laws, impact of world wars, development of international aviation laws, boundaries of air space and outer space, aircraft financing (Cape Town Convention and its Protocol, Aircraft Protocol, financing of aircraft engine,, medical certification, aviation accident law, aviation criminal law (Crimes on board on aircrafts, Hijacking, cases analysis (cases on hijacking, Lockerbie case), aviation labour law, aviation insurance, aviation business, aviation medical cases.

Unit-2
Teaching Hours:12
Fundamental Principles and Legal Regime: Aviation Law
 

Aviation regulation, enforcement action, Hague Convention, 1970 (Anti-Hijacking Convention), Beijing Protocol to Hague Convention, 2010, Beijing Convention, 2010, Montreal Convention, Chicago Convention and Fundamental Principles, Tokyo Convention, 1963, Protocol amending Tokyo Convention, different types of aircrafts (civil and state), Aircraft Act, 1934, Carriage by Air Act, 1972, Anti-Hijacking Act, 2016.

Text Books And Reference Books:
  1. Saligram 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.
Essential Reading / Recommended Reading
  • Peter H. Sand, Jorge de Sousa Freitas, Geoffrey N. Pratt, An historical survey of international air law before the second world war.
  • Lord McNair, The Law of the Air. Third Edition, 1964; 588 pag., Stevens & Sons. I. H. Ph. de Rode-Verschoor, DOI: https://doi.org/10.1017/S0165070X00026024, Published online by Cambridge University Press: 21 May 2009.
  • Jonathan C. McDowella, The Edge of Space: Revisiting the Karman Line.
  • Agus Pramono, Aircraft Hijacking: A Legal Perspective
  • Ravi Singhania, Rudra Srivastava, INDIA - The Aviation Law Review - Edition 7, https://thelawreviews.co.uk/edition/the-aviation-law-review-edition-7/1197181/india 

 

 

 

 

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%

BBL1073 - PUBLIC INTEREST LITIGATION, LEGAL AID AND PARA LEGAL SERVICES (C3) (2017 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 is designed to give the students an exposure to the socio-legal aspects and sensitise them to the problems of the downtrodden and weaker sections of the society, and to inculcate social responsibilities in the students.

 

COURSE DESCRIPTION: Unit 1 is designed to give students an exposure to public interest lawyering and the cases in which courts have made deviation from strict formalities to uphold the rights of common man. Unit 2 is designed to introduce students to the provisions of the Legal Services Authorities Act, 1987 as a precursor to Unit 3 which gives a real life experience to the students about the implementation of the benevolent objects of the Act.

Course Outcome

CO1: Discuss the different standings on which PILs are admitted and will be able to explain the differences between the adversarial and inquisitorial procedures.

CO2: To critically analyse the objects of the Legal Services Authorities Act and the provisions of the Act, which seek to realise these objects.

CO3: Serve the society with their legal knowledge.

UNIT 1
Teaching Hours:30
CONCEPT OF PUBLIC INTEREST LITIGATION
 

Liberalisation of locus standi, suo motu intervention by the court? Epistolary jurisdiction, creeping jurisdiction? Adversarial and inquisitorial procedures? Research in support of public interest litigation.

UNIT 2
Teaching Hours:30
LEGAL AID AND PARA LEGAL SERVICES
 

Legal Services Authorities Act, 1987.

Text Books And Reference Books:
  1. Agrawala, S. K. Public Interest Litigation in India, Bombay: N. M. Tripathi, 2000.
  2. Menon, N. R. Madhava, Clinical Legal Education.
  3. Public Interest Litigation(PIL) & How to file PIL,CA Virendra Pamecha, 2014
  4. Public Interest Litigation (with Model PIL Formats), Dr. B.L. Wadhera, 2014
  5. Law Relating to Public Interest Litigation, R. Chakraborty (Laymanns) ,2015
  6. Public interest Litigation Legal Aid And Lok Adalats , by Mamta rao. 2015
Essential Reading / Recommended Reading
  1. Agrawala, S. K. Public Interest Litigation in India, Bombay: N. M. Tripathi, 2000.
  2. Menon, N. R. Madhava, Clinical Legal Education.
  3. Public Interest Litigation(PIL) & How to file PIL,CA Virendra Pamecha, 2014
  4. Public Interest Litigation (with Model PIL Formats), Dr. B.L. Wadhera, 2014
  5. Law Relating to Public Interest Litigation, R. Chakraborty (Laymanns) ,2015
  6. Public interest Litigation Legal Aid And Lok Adalats , by Mamta rao. 2015
Evaluation Pattern
  1. Theory                                               - 30%
  2. Survey and Report Writing            - 60%
  3. Viva voce                                            - 10%

BBL1074 - MOOT COURT AND INTERNSHIP (C4) (2017 Batch)

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

Course Objectives/Course Description

 

Unit 1 is designed to provide the necessary feel of the court room environment to the students by arranging moot courts. Unit 2 aims at taking the students to Courts, periodically, to witness first-hand the judicial proceedings. Unit 3 provides an opportunity to the students to visit the Lawyers' Chambers regularly and acquaint themselves with the techniques of client interviewing. Unit 4 is a culmination of the above three in the form of viva voce.

Course Objectives: 

1.     To introduce the students to the practical aspects of the profession by organizing moot courts and sending them to courts for a personal experience of the functioning of courts.

2.     To enable students to obtain a first-hand information of the practicalities of the working of courts.

Course Outcome

CO6: The student will be able to: a. A student will be able to prepare arguments and case briefs to the given legal problem by applying the appropriate law at the national and local level b. analyze the case law and demonstrate legal argumentation by presenting them in a concise manner c. compose and compile the legal documents in an organized manner d. demonstrate knowledge of court procedure and mannerism e. employ the techniques of client interviewing f. observe courtroom demeanour and client counselling

UNIT 1
Teaching Hours:20
MOOT COURT
 

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

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

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

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

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

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

Text Books And Reference Books:

As per BCI requirements 

 

Essential Reading / Recommended Reading

As per BCI requirements 

 

 

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

BBL1075 - PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM(C5) (2017 Batch)

Total Teaching Hours for Semester:65
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/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 is carried on ethically. This paper aims at appreciating the avowed duties of advocates as well as the Bat-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, Fali S. Nariman and BV Acharya. Unit 3 deals with the law relating to contempt of court. Unit 4 deals with skill oriented aspects – student presentations on the BCI opinions regarding disciplinary proceedings, Supreme Court judgements. Unit 5 deals with the professional accounting standards to be maintained by the advocates.

 

       

Course Objectives: v  To understand the statutory provisions relating to legal profession and contempt of law

 

v  To understand the procedure followed by the disciplinary committees of Bar Councils

 

v  To analyse the BCI opinions regarding professional misconduct

 

v  To analyse the profession with the lives and experiences of advocates through their autobiographies

To understand the basics of professional accountancy

 

Course Outcome

CO1: Students will describe and explain the substantive and procedural law relating to the profession

CO2: Students will be enabled to face or answer the Enrolment Committee?s profession related questions

CO3: Students will identify norms of professional conduct and etiquette of the local Bar Associations.

CO4: Students will be able to analyse the BCI and State Bar Council opinions

CO5: Students will be explain various aspects of advocacy and the profession through reading autobiographies and watching biopics of/on the lives and experiences of regional, national and international lawyers.

CO6: Critically analyse the rationales behind the ethical rules and law of contempt of court.

Unit-1
Teaching Hours:15
ADVOCATES ACT AND BAR COUNCIL OF INDIA RULES
 

Importance of the Course; Development of Legal Profession in India; Legislative History of The Advocates Act, 1961;

Sr. Advocates v. Other Advocates; Dress Code

Law Graduate;

Admission, Enrolment & Rights of Advocate; Bar Councils

Professional or other Misconduct; Disciplinary proceedings;

Punishment

Unit-2
Teaching Hours:10
AUTO BIOGRAPHIES & SEVEN LAMP S OF ADVOCACY; TRUE ACCOUNTS FOR LAWYERS
 

Ethics of Legal profession; Seven Lamps of Advocacy

Autobiographies -

K.V. Krishnaswami Aiyar’s Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law 

Charles W. Colson’s Born Again

Fali S. Nariman’s Before Memory Fades

B. V. Acharya’s All From Memory: An Autobiography

Text Books And Reference Books:

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

Essential Reading / Recommended Reading

1. K.V. Krishnaswami Aiyar, Professional Conduct and Advocacy: Being a Series of Lectures Delivered to Apprentices-at-law, Read Books, 2007

2. Sandeep Bhalla, Advocates Act and Professional Ethics, 2010 edition.

3. V. Sudhish Pai, Legends in Law our great forebears, Universal Publishing Co, New Delhi, India 2013

4. Samraditya Pai, the Law of Contempt-Contempt of Courts and Legislatures,LexisNexis.

5. Selected Judgments on Professional Ethics, Vol I & II, Bar Council of India Publication.

6. Re-statement of Indian Law: Contempt of Court, LexisNexis, 2011

7. Legal Ethics Accountability for lawyers and Bench Bar relations: Dr Kailash Rai, 2015, Central Law Publication

8. Professional Ethics, Accountancy for lawyers and Bench Bar relations: J P S Sirohi, Allahabad Law Agency, 2015

9. Legal Ethics and the Professional of law: Yashomati Ghosh, Lexis Nexis, 2014

10. Fali S. Nariman – Before Memory Fades…An Autobiography, Hay House Publication (India) Pvt Ltd., 2010

11. Sanjiva Row’s The Advocates Act, 1961, 9th Edition 2016, LexisNexis

12. Subramanyam’s Commentaries on Advocates Act with Professional Ethics and Allied Laws, 5th Edition 2018, Law Publishers (India) Pvt Ltd.

13. Deborah L Rhode – The Trouble with Lawyers, Oxford University Press, 2019

Evaluation Pattern

Record Book - 50Mks

CIA II - 25Mks

2 Case Presentations - 15Mks

Viva Voce - 10Mks

BBL1086 - DISSERTATION (2017 Batch)

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

Course Objectives/Course Description

 

This Paper is designed to test the research prowess of the students and their analytical skills. It is aimed at enabling the students to hone their skills as a researcher that would be of immense help to them in their career.

Course Outcome

CO1: plan, and engage in, an independent and sustained critical investigation and evaluation of a chosen research topic relevant to environment and society

CO2: systematically identify relevant theory and concepts, relate these to appropriate methodologies and evidence, apply appropriate techniques and draw appropriate conclusions

CO3: identify challenges and lacking in implementation of legislations

CO4: engage in systematic discovery and critical review of appropriate and relevant information sources

Unit-1
Teaching Hours:60
dissertation
 

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

As per University norms

BBL10E1A - PARA LEGAL SERVICES - FIELD VISIT (2017 Batch)

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

Course Objectives/Course Description

 

Details of Division of Units:

Unit- I       Paralegal Services                                                                                    

          -This unit provides introduction to paralegal services, the definition of Paralegal services, historical development, paralegal services in Western Countries, paralegal services in India, importance of paralegal services & assignments

Unit-II The role of paralegal Volunteers                                                                       

This unit deals with paralegal education, paralegal professional associations, registration, certification and licensure to PLVs & Assignments.

Unit-III     Paralegal and Legal Aid Services                                                           

              This unit includes historical background of 'Legal Aid Services',Legal Aid Services and Paralegal Services in other countries, Legal Aid and Constitutional Mandate,Judicial trends on Paralegal and Legal Aid, National Legal Services Authority Act, 1987, & Assignments.

Unit- IV   Field Study / Practical Exposure& Record submission                           

This unit contains Field visits & for the purpose of field study the students will be divided into 04 groups (Each  group consists of 15 students& they will be entrusted with activities of One DSLA) and they will be visiting the allotted DSLA at least 03 days in a week in order to assist with the  activities  within its jurisdiction & sharing of student’s experience on field work in the class room. In this regard, we need to have MOUs with DSLAs –Chikkaballapur, Kolar, Tumkur & Ramnagar Districts.

 

Unit-V Establishment and Working of Legal Aid Clinics /Cells/Clubs               This unit consists of introduction to legal aid clinics,National Legal Services Authority(Legal Aid Clinics) Regulation, 2011,Establishment of Legal Aid Clinics/Cells/Clubs,Working of Legal Aid Clinics/Cells/Club & Assignments.

 -Record Submissio

-Viva Voce (Externals)

 Course Objectives:

Ø  1.The legal aid and Para legal services program is designed to prepare and motivate  the students to provide legal services to the needy people in the remote villages and to assist with the DLSAs in spreading basic legal knowledge which is essential to the needy persons within the jurisdiction of that particular DLSA and also to equip the student with the practical knowledge which is necessary for legal practioners after completion of their law degree .

Ø  2. To promote the students to work ethically and skilfully in order to serve the community.

Ø  3. To encourage students to contribute to the advancement of the legal profession.

Ø  4.  To provide students with a platform  to connect the public with legal fraternity by providing free legal services to the economically and socially weaker section of the society. 

Ø  5.  To provide a skill based training for the students to make sure that these free legal services would reach the needy one.

Ø  6. To inculcate professionalism and basic legal awareness  to the paralegal Students as well as to the public  particularly those who are in need of these services.

Ø  7. To train the students to be prepared to use and apply the current paralegal technics and skills.

 

Course Outcome

At the end of the course students will be able to :

1. Understand and analyze the basic legal problems and do team work to solve them cooperatively with others on joint assignments.

 

2.  Provide legal assistance either as paralegal volunteers or student volunteers to the common people about basic legal concepts which are essential in their day to day life.

 

3. Learn to work with cultural diversity outside the class with a variety of ethnic, social, or educational backgrounds in the context of service motive.

 

4. Devise a correct way of handling the legal issues and problems in the society.

5. Quickly adjust with the existing legal system in connection with the society at large.

Unit-1
Teaching Hours:10
Unit- I Paralegal Services
 

Introduction to Paralegal services

          -The definition of Paralegal services

          - Historical development

           -Paralegal services in Western Countries

            -Paralegal services in India

            -Importance of Paralegal services

             -Assignments

Unit-2
Teaching Hours:10
Unit-II The role of paralegal Volunteers
 

-Paralegal education

-Paralegal professional associations

-Registration, Certification and Licensure

-What Paralegals Do?

-Where Paralegals work?

-Assignments

Text Books And Reference Books:

1. Dr. S.S. Sharma. Legal Services, Public Interest Litigations & Para-Legal Services: Central Law Agency: IInd Edition 2006, 349.

2. Ajay Gulati, Dr. JasmeetGulati. 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, LokAdalats& Para-Legal Services: Central Law Agency: Second Edition 2010

Services: Central Law Publications Allahabad: Edition 2013, 196.

Essential Reading / Recommended Reading

1. Dr. SR Myneni. Public Interest Lawyering, Legal Aid and ParaLegal Services: Asia Law House, Hyderabad: 2nd Edition 2007, 183.

2. Ajay Gulati, Dr. JasmeetGulati. Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, 195-196.

3.  Narain, Akhilesh- Legal Aid, Public Interest Lawyering and Para Legal Services'.

Agra Law Agency, 2000, Raja Mandi, Agra-282002, P-53, Para -IV

Evaluation Pattern

Mid Sem -30 marks

 Field Visit- 40 marks

Record Submission 20 mark

Viva Voce 10 marks

Total-100 Marks

BBL10E1B - INTERNATIONAL INVESTMENT LAW (2017 Batch)

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

Course Objectives/Course Description

 
Course Description and Course Objectives
 

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. There has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. The course will examine the background to the current international investment law regime and the sources of international investment law. Secondly, to understand the law of international investment treaties, particularly with respect to its origin, structure, content and effects with the help of decided cases and its application in the settlement of International Investment disputes.

The Course aims:

  • To encompass the history, development and under the dynamics that led to evolution of international investment law
  • To interpret the provisions of bilateral treaties and to balance between the protection of foreign investors and the right of host States to regulate in order to protect public welfare objectives
  • To introduce the application of international norms relating to international investments, with a close focus on the treaty texts and the arbitral case-law
  • To discover the legitimacy of arbitration tribunals to decide on disputes between host States and foreign investors
  • To provide a critical perspective on the function and future development of international investment law

Course Outcome

CO1: Identify the advantages in permitting foreign investments.

CO2: List out the basic components of an international investment treaty

CO3: Evaluate and point out the deficiencies in the current systems of international investment arbitration

CO4: Analyze the norms adopted by the international arbitrators in prospective disputes

Unit-1
Teaching Hours:10
Introduction to International Investment Law
 

International investment Law as a field of study, Business Nature of a foreign Investment, Host State Sovereignty and the rules of foreign Investment, History of International Law on Foreign Investment,Sources of International Law on Foreign Investment.

Unit-2
Teaching Hours:15
Foreign Investment Transactions and Domestic Investment Regulations
 

Meaning of Foreign Direct Investment, Domestic Regulations on Foreign Direct Investment in India,Methods of Control by Host States in Foreign Investment, Forms of International Investment

Text Books And Reference Books:
  1. Rudolf Dozler and Christopher Scheruer ‘Principles of International Investment Law’ OUP,(2008)Chapter-1 Pg No. 1-30

     Page 81 of 94

    2. JeswaldW.Salacuse, ‘The Law of Investment Treaties’OUP,(2010)Chapter 2(Pg no.18-37)Also Chapter -3,Pg.42-78

    3. M.Sornaraj, ‘ International Law on Foreign Investment’3 rd Edn, Cambridge University Press(2010)Chapter-1 Pg.no.1-19 also Pg no.79-87

    4. “ Definition of Investor and Investment in International Investment Agreements” International Investment Law: Understanding the concepts and Tracking Innovations, Published by OECD(2008) ( Pg no. 3- 55) http://www.oecd.org/daf/inv/internationalinvestmentagreements/40471468.pdf

    5. Howard Mann, “Re conceptualizing the International Investment Law” 17 :2 Lewis and Clark Law Review( 2013) http://www.iisd.org/pdf/2013/reconceptualizing_investment_law.pdf

    6. Stephen W. Schill, “International Investment Law and Comparative Public Law: Ways out of legitimacy crisis”(2011) paper presented at the Investment Law Forum http://www.iilj.org/research/documents/if2010-11.schill.pdf

    7. Kate Miles, “International Investment Law: Origins, Imperialism and Conceptualizing the Environment” 21 Columbia Journal of International Environmental Law and Policy 1 ( 2010) Available at http://heinonline.org

    8. Stephen W. Schill, “Enhancing International Investment Laws Legitimacy: Conceptual and methodological foundations of a New Public Law approach” 52 Virginia Journal of International Law 57 (2011). Available at http://heinonline.org

    9. Thomas Weilde, “International Law of Foreign Investment: Towards Regulation by Multilateral Treaties” 1999 Business Law International 50. Available at http://heinonline.org

    10. Rachel J.Anderson , “Towards Global Corporate Citizenship: Reframing Foreign Direct Investment Law” 18 Michigan State International Law Journal 18:1(2010). Available at http://heinonline.org

    11. Kulwinder Singh, “ Foreign Direct Investment in India: Critical analysis of FDI from 1991-2005” available at http://papers.ssrn.com/sol3/papers.cfm

    12. Susan D.Franck, “Foreign Direct Investment, Investment treaty arbitration and the Rule of Law”McGeorge Global Business and Development Law Journal, Vol. 19, p. 337, 2007  Available at http://ssrn.com

Essential Reading / Recommended Reading

Substantive protection under Investment Treaties –A legal economic analysis Jonathan Bonnticha Cambridge University Press -2014

2. The Three Laws of International Investments – National, Contractual and International frameworks for foreign capital Jeswald Salacuse Oxford University Press 2013

3. Foreign Investments, International Law and common concerns –Tullio Treves Routledge Publishers 2014

4. Foundations of International Investment Law Zachary Douglas Oxford University Press 2014

5. Treaty shopping in International Investment Law Jorun Baumgartner Oxford University Press 2016

6. International Trade and Investment Law Rafael Leal –Arcas Publishers Edward Elgar 2010

7. Settlement of Foreign disputes M.Sornarajah Kluwer Law International 2000

8. The Law of International Treaties Jeswald W.Salacuse Oxford University Press 2010  

 

 

Articles

1. Breach of Treaty Claims and Breach of Contract Claims: Is it still unknown territory?" in Arbitration under International Investment Agreements: A guide to the key issues, pp.323-350. by Mr. Stanimir A. Alexandrov (Washington DC., United States)20/10/2016http://www.arbitration-icca.org/articles.html

2. "International Arbitration as a Transnational System of Justice," in Arbitration - The Next Fifty Years, ICCA Congress Series No. 16, 2012, pp.66-73. by Prof. Dr. Emmanuel Gaillard (Shearman & Sterling LLP, Paris, France)18/10/2016   2016 http://www.arbitration-icca.org/articles.html
3. Karl-Heinz Böckstiegel, "Commercial and Investment Arbitration: How Different are they Today? (Lalive Lecture 2012), in 28 Arbitration International (2012, no. 4) by Prof. Dr. Karl-Heinz Böckstiegel (Bergisch-Gladbach, Germany) http://www.arbitration-icca.org/articles.html

4. Necessity in International Investment Law: Some Critical Remarks on CMS v Argentina, Gazzini, Tarcisio J. Energy Nat. Resources L. 450 (2008)

5.Human Rights and International Investment Arbitration By Clara Reiner and Christoph Schreuer http://www.univie.ac.at/intlaw/h_rights_int_invest_arbitr.pdf

6. Interpreting Investment TreatiesRoberto Castro de FigueiredoTauil & Chequer in association with Mayer Brown LLP/October 21, 2014 /

http://arbitrationblog.kluwerarbitration.com/2014/10/21/interpreting-investment-treaties/

7. Cart Before the Horse: Can MFN Clauses Expand the Key Definitions in Investment Treaties?

Louise BarberHerbert Smith Freehills/September 2, 2014http://arbitrationblog.kluwerarbitration.com/category/investment-arbitration/

8.The Futility Exception to The Exhaustion Requirement: Apotex v. United States Kluwer Arbitration Blog August 25, 2014 Julian Davis Mortenson University of Michigan Law School http://arbitrationblog.kluwerarbitration.com/2014/08/25/t

9.“White Industries” and State Responsibility: Lesser-Known Facts about the Case as discussed during the 2014 ICCA Young Arbitration Practitioners Conference Kluwer Arbitration Blog June 30, 2014

10.Predictability versus Flexibility: Secrecy in International Investment Arbitration Emilie M. Hafner-Burton, Zachary C. Steinert-Threlkeld, David G. VictorWorld Politics, Volume 68, Number 3, July 2016, pp. 413-453 Published by Cambridge University Presshttps://muse.jhu.edu/article/621688/pdf

11.  Consent to Arbitration Through National Investment Legislation  Makane Moïse Mbengue July 19th, 2012    http://www.investmauritius.com/Mauritius.aspx.

Evaluation Pattern

 

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

BBL10E2A - INTERNATIONAL TAXATION (2017 Batch)

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

Course Objectives/Course Description

 

The globalization of trade and investment flows is having a profound effect on the practices and policies of international taxation. Simultaneously, the lack of a homogeous international tax system or even a unifying international tax treaty exacerbates issues of inequitable corporate taxation. Unlike other international law courses, international taxation is a study of the efforts to apply internationally recognized principles on bilateral treaties. 

This course also aims to meet the need for current tax lawyers to move beyond domestic tax laws and to recognize the inadequacy of unilateral rules in a globalized corporate world. 

The course will look at international taxation principles, tax treaties, international tax policy, advanced pricing agreements, BEPS, DTAA interpretation and CFC Rules. Students in the program will be equipped intellectually for the practice of law in a rapidly changing economic order.

Course Description:

1.    To understand the concept, scope and relevance of international taxation and the existing legal framework. 

2.    To enhance interpretation skills and the application of the traditionally established principles of law to international taxation.

3.    To apply case studies and adopt the comparative analysis of other jurisdictions in understanding the existing legal framework.

4. To introduce global tax challenges and emerging issues of international tax regulations.

Course Outcome

CO1: Analyse the concepts relating to tax avoidance agreements and tax treaties

CO2: Identify, describe and analyse the law of international taxation and its development towards international harmonisation.

CO3: Evaluate and critically assess the impact of international tax principles on individuals and businesses.

Unit-1
Teaching Hours:10
Basics of International Taxation
 

Basic Principles of International Taxation – Taxation under Indian laws – OECD, UN and Tax treaty Network – Tax treaties – Legal Nature and Effect of Tax Treaties and Objectives of Tax Treaties- Treaties between Nations – Interpretation of Treaties

Unit-2
Teaching Hours:10
Double Taxation Regime
 

Double Taxation System - Double Taxation - Causes and Relief - Mechanisms, Deduction, Exemption and Credit Methods- History, Nature and Function – Persons covered under DTAA, Taxes and General Definitions – Permanent Establishments-  the OECD Models for Double Taxation – Double Taxation System in India  - International Tax Avoidance – Income from Immovable Properties – Business Profits – Shipping, Inland Waterways Transport and Airways – Methods of Estimating Double Taxation

Text Books And Reference Books:

The International Double Taxation – causes and avoidance by Nicoleta Barbuta 

Analytical and Historical Review of International Double Taxation and Tax Evasion and Avoidance (OECD Report)

Computation of Income attributable to Indirect Transfer of Assets and reporting thereon- Indian Tax and Regulatory Services (2016)

India, at Arms Length (Report of EY-2014)

UN Manual on Transfer Pricing for Developing Countries (2013)

Latest Happenings in International Taxation by T. P. Ostwal

Essential Reading / Recommended Reading

The International Double Taxation – causes and avoidance by Nicoleta Barbuta 

Analytical and Historical Review of International Double Taxation and Tax Evasion and Avoidance (OECD Report)

Computation of Income attributable to Indirect Transfer of Assets and reporting thereon- Indian Tax and Regulatory Services (2016)

India, at Arms Length (Report of EY-2014)

UN Manual on Transfer Pricing for Developing Countries (2013)

Latest Happenings in International Taxation by T. P. Ostwal

Evaluation Pattern

CIA I- 20 marks

CIA II- 50 marks

CIA III- 20 marks

End Semester- 100 marks

 

BBL10E2B - LAW OF EXECUTION (2017 Batch)

Total Teaching Hours for Semester:65
No of Lecture Hours/Week:5
Max Marks:100
Credits:4

Course Objectives/Course Description

 

COURSE DESCRIPTION: Adjudication of dispute in favour of litigant in itself does not mean complete discharge of justice. The benefits given under the adjudication must reach the litigant. Execution is the most important aspect of civil justice. This course on law of execution of decree and orders of court in civil jurisprudence is aimed at providing a thorough understanding of the procedure to execute a decree contained in Order XXI of Code of Civil Procedure. The objective is to ensure an understanding on the powers and limitations of an executing court in deciding issues related to discharge and satisfaction of a decree; to provide detailed procedural steps to be followed by the decree-holder while applying for execution; to enable students to understand different modes of execution and select the most effective mode for particular decrees; to learn the procedure to execute foreign judgment and arbitral award; to enable students to apply the procedural provisions in drafting application for execution of various kinds of decrees and further to equip students with the analytical skill of raising plausible objections, identifying alternate remedies and identifying the consequences of specific modes of execution in terms of their limitations and effectiveness.

COURSE OBJECTIVES:

The objectives of this course are to enable students:

1.      To understand the provisions relating to execution in CPC after the decree is passed such as jurisdiction of civil courts to execute decree, transfer of decree etc

2.      To learn the procedure of execution of a decree in Indian civil courts

3.      To analyze the limitations and consequences of different modes of execution for different kinds of decrees and orders

4.      To compare the execution procedure for decrees and for foreign judgments as well as arbitral awards

5.   To apply the theoretical provisions of CPC relating to execution to practical problem situations

Course Outcome

On completion of this course, students will be able to:

1. to get understand the practical application of the procedure of execution of decree in civil courts.

2. 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.

3. 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.

4. to analyse an execution application to raise effective objections to the same, find alternate modes or remedies for the judgment-debtor also.

5. to distinguish between the execution procedure for decrees by Indian courts and execution of foreign judgment and arbitral awards in India.

6. to apply and incorporate the provisions relating to execution in CPC to draft execution applications and objections.

Unit-1
Teaching Hours:12
Introduction
 

Learning outcome: Students will be able to identify decisions of court in terms of capacity to be executed and also determine the jurisdiction of the executing court in deciding issues relating to discharge, satisfaction of a decree.

General study of execution-Provisions relating to execution in general-Definitions-General principles of execution-Transfer of decree for execution – Questions to be determined by executing court

Unit-2
Teaching Hours:15
Procedure
 

Learning outcome: Students will be able to identify the clauses necessary to be incorporated in an execution application.

Execution against public officers-Proceedings by or against legal representatives - Enlargement of time-Caveat-Inherent powers-Courts executing decree-Application for execution- Process for execution – Stay of execution

Text Books And Reference Books:

1. Sir Woodroff &amp; 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 &amp;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%

BBL10E3A - INTERNATIONAL COMMERCIAL ARBITRATION (2017 Batch)

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

Course Objectives/Course Description

 

Arbitration is a preferred method of solving commercial disputes both globally as well as within India. Dispute relating to international trade, foreign investments, insurance and reinsurance and construction are generally being resolved by arbitration. In India the Arbitration and Conciliation Act, 1996 has been enacted in pursuance of UNCITRAL model law incorporating provisions enacted as per the Geneva convention and the New York Convention. The course aims at giving an over-view of the Alternative dispute resolution mechanisms, the concept of arbitration and progresses to focus on the arbitration agreement, conduct of arbitration, award – challenging the award and its enforcement amongst other things.  The course gives an over-view of International Commercial Arbitration outlining the legal issues in the choice of law and forum for arbitration. The course also includes the legal framework for, and major legal issues relating to, international commercial arbitration under the New York Convention of 1958 and the Geneva Convention. The object of the course is to impart, theoretical as well as practical, knowledge and understanding, to the students of arbitration.

 

COURSE OBJECTIVES: 

 

1.      To describe international commercial arbitration as a transnational mechanism of resolving disputes.

2.      To analyse the basic legal frame work of the international commercial arbitration in its three important elements namely; jurisdiction, choice of law and enforcement of awards.

3.      To analyse the important international instruments that has institutionalized international commercial arbitration and the allied emerging trend of harmonization of laws.

4.      To analyse the nuances of arbitration agreement.

5.      To develop the ability to construct oral and written arguments concerning such matters as- procedure, jurisdiction, choice of law, evidence, enforcement and other matters that may be considered in arbitration.

6.      To evaluate the various procedures that may be adopted and the interim measures and the final remedies that may be available in arbitration.

Course Outcome

COURSE OUTCOMES:

 

  1. The students will be able to examine the legal frame work of international commercial arbitration, the merits, demerits, the practice and procedure.
  2. The students will be able to evaluate and synthesise information concerning international commercial arbitration and the norms applicable in the international commercial arbitration from many sources including case law, statutes, treaties and institutional rules.
  3. The students will be able to analyse the changing bases of law and apply the same in law and legal procedure.
  4. The students will be able to demonstrate oral and written argumentation skills concerning such matters as- procedure, jurisdiction, choice of law, evidence, enforcement and other matters that may be considered in arbitration.
  5. The students will be able to evaluate the various procedures that may be adopted and the interim measures and the final remedies that may be available in arbitration.

 

Unit-1
Teaching Hours:5
UNIT -1 : INTRODUCTION TO COMMERCIAL ARBITRATION
 

 Learning outcome: The students will be able to examine the legal frame work of international commercial arbitration, the merits, demerits, the practice and procedure

 

Topics covered:

International Trade & Approaches to Dispute Resolution, Conflict of Laws in the context of International Commercial Relations, Lex Mercatoria, Introduction to International Commercial Arbitration, Meaning of “International”, Meaning of “Commercial”, Distinguishing international Arbitration from arbitration, Types of Arbitration, Institutional arbitration-UNCITRAL, ICC, SIAC, ICSID Model arbitration clauses& The UNIDROIT Principles of International Commercial Contracts;

Unit-2
Teaching Hours:5
UNIT ? 2: THEORETICAL FOUNDATION OF ICA & APPLICABLE LAWS
 

Learning Outcome: The students will be able to evaluate and synthesise information concerning international commercial arbitration and the norms applicable in the international commercial arbitration from many sources including case law, statutes, treaties and institutional rules

Topics covered:

Theoretical Foundation Of International Commercial Arbitration

•Jurisdictional Theory.

• Contractual Theory.

• Hybrid Theory.

• Autonomous Theory.

Laws in ICA

The Laws involved are- The  Law governing the arbitration agreement and the performance of the agreement & The Law governing the existence and proceedings of the arbitral tribunal –the lex arbitri  is the body of rules which sets a standard external to the arbitration agreement for the conduct of the arbitration .The law governing the arbitration comprises of rules relating to interim measures, the supportive measures to assist arbitration etc.

Text Books And Reference Books:
  1. Gary B. Born, International Commercial Arbitration, (2014) Kluwer Law International.
  2. Greenberg, et al, International Commercial Arbitration: An Asia Pacific Perspective, (2011) Cambridge University Press.
  3. Lew, Mistelis, et al, Comparative International Commercial Arbitration, (2003) Kluwer Law International.
  4. Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, (2012) Cambridge University Press.
  5. Markanda, et al, Law Relating to Arbitration and Conciliation, (2013) Lexis Nexis Butterworths Wadhwa.
  6. Mustil Michael, Commercial Arbitration, (1989) Lexis Nexis Butterworths.
  7. Port, Otto, et al, Recognition and Enforcement of Foreign Arbitral Awards: Global Commentary on the New York Convention, (2010) Kluwer Law International.
  8. Redfern, Hunter, et al, Law and Practice of International Commercial Arbitration, (2004), Sweet and Maxwell.
  9. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
  10. Savage, Gaillard (eds), Fouchard Gaillard Goldman on International Commercial Arbitration, (1999) Kluwer Law International.
  11. Sethi, Gupta, et al, Indian Commercial Arbitration and its perspective, (2011) Universal Law Publishing.
Essential Reading / Recommended Reading
  1. Redfern, Hunter, et al, Law and Practice of International Commercial Arbitration, (2004), Sweet and Maxwell.
  2. Redfern, Hunter, et al, Redfern and Hunter on International Arbitration, (2009) Oxford University Press.
Evaluation Pattern

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

       CIA II – Mid Semester Examination                           – 25%

       CIA III – Research Topic                                           – 10%

       Attendance                                                              – 05%

       End Semester Examination                                        – 50%

                                                                                  TOTAL 100%

BBL10E3B - SPORTS LAW (2017 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 Historical perspective of sports regulation, commercialization of sports , legal regulation of sports governing bodies, intellectual property rights and sports.

1. To understand the sociology of sports – in political, social, economic and cultural context

2. To apply traditional principles of contract law to sports contracts

3. To study and apply interplay between sports and tortious act

4. To understand the extent of applicability of criminal law to sporting activities

5. To study and analyze the legal regulation for drug abuse, discrimination, safety and employment issues in sports

 

6. To understand the interface between in sports and IPR and antitrust issues through extensive coverage of case law

Course Outcome

At the end of the course students must be able to:

1. Draft sports contracts by incorporating special clauses

2. Apply tort law and criminal law provisions in civil and criminal litigations

3. Apply international procedural rules in sports disputes

4. Draft model sports law under Indian Legal Regime

Unit-1
Teaching Hours:10
HISTORICAL PERSPECTIVE ON SPORTS REGULATIONS
 

·         Definition of sports

·         Sociological and political aspects of sports

·         Need for legal definition

·         History of sports and historical perspectives of sports regulations and various regulatory regimes.

Unit-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

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%

BBL10E4A - PENOLOGY AND VICTIMOLOGY (2017 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:5
Max Marks:100
Credits:04

Course Objectives/Course Description

 

I) The course will help students to identify the policy of criminal law and how criminal law has adapted and evolved to deal with deviant behaviours. 

II) It will also help the students to have a greater understanding of social costs of Juvenile crimes and the effective ways of lessening Juvenile crimes .

III) Penology offers a specialist understanding of criminal justice system in India and prison reforms which are enforced through Legislative provisions and Judicial Pronouncements. 

IV) The learning of victimology will provide the student with an insight into the importance of the victim to an investigation, and also why they are important in the overall scheme of the crime, which will shift the study from accused centric approach to much needed victim centric approach.

 

V) Penology offers a specialist understanding of criminal policies including theories of punishment.

 

Course Outcome

CO 1: Identify the scientific study of criminology and concept of law and general principles of criminology relating to it which is helpful in dealing with deviant behavior.

CO 2: Explain the behavior of the juveniles involved in crimes for and the law which govern them in a better manner.

CO 3: Make an argument about logical structure of crime prevention and its implementation with judicial pronouncements.

CO 4: Elucidate the administration of criminal justice system in India with critical analysis of legislative provisions along with its practical implementation.

CO 5: Understand the importance of the victim for an investigation and why they are important in the overall scheme of the crime.

CO 6: Analyse the theoretical aspects of punishment give clarity to the students about the nature and purpose of punishment.

Unit-1
Teaching Hours:10
Philosophy of Criminolgy
 

Philosophy of criminology, nature, scope and its relevance in Criminal justice administration, Causation of crime,  hereditary, chromosomal factors, mental deficiency, poverty, family, religion, media, Crime and society, Place of criminal law in criminal science, Nature and functions of criminal law.

 

Unit-2
Teaching Hours:10
Juvenile Justice
 

Juvenile Justice (Care and Protection of Children)Act, 2000 -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

Text Books And Reference Books:

1.      Ratanlal and Dhirajlal, 2002, IPC-Indian Penal Court, Wadhwa and Company Publications

2.      Canadino, Michael and Dignam, James, 2002, The Penal System- An introduction, 3rd edition, Sage Publications

3.      Ratanlal and Dhirajlal, 2002, Law of crimes, 25th edition, Bharat Law House, New Delhi

4.      Schabas, William A, 2001, An Introduction to the International Criminal Court, 1st edition, Cambridge University Press

5.      Kelkar R V, 2001, Criminal Procedure, 4th edition, Eastern Book Company

6.      Jefferson, Michael, 1999, Criminal Law, 4th edition, Pitman Publishing

Essential Reading / Recommended Reading

1.      Ratanlal and Dhirajlal, 2002, IPC-Indian Penal Court, Wadhwa and Company Publications

2.      Canadino, Michael and Dignam, James, 2002, The Penal System- An introduction, 3rd edition, Sage Publications

3.      Ratanlal and Dhirajlal, 2002, Law of crimes, 25th edition, Bharat Law House, New Delhi

4.      Schabas, William A, 2001, An Introduction to the International Criminal Court, 1st edition, Cambridge University Press

5.      Kelkar R V, 2001, Criminal Procedure, 4th edition, Eastern Book Company

6.      Jefferson, Michael, 1999, Criminal Law, 4th edition, Pitman Publishing

7.      Schmalleger, 1999, Criminal Law Today, Prentice Hall Publication

8.      Gardner Thomas J and Anderson Terry M, (YEAR), Criminal Evidence (principles and cases), Wadsworth/Thomson learning pub

9.      Gaur, K D, 1999, Criminal Law and Procedure (cases), 3rd edition, Butterworch-Tripathi Publications

10.  Dutta, K K, 1998, Some Aspects of Criminal Law, Law Research Institute

11.  Mallick, M R, 1996, Criminal Court (Practice and Procedure), 9th edition, Eastern Law House

12.  Sir John Woodroffe and Syed Amir Ali, 1996, Law of Evidence, The Law Book Company Pvt Ltd

13.  Hussain, Ahmed, 1992, Law of Evidence, National Police Academy, Hyderabad

14.  Ratanlal and Dhirajlal, 1984, Law of evidence, Wadhwa Publications

15.  Sethi K L, (1995), Supreme Court on Evidence, Mayan Publications Pvt Ltd

16.  Phipson and Elliot, (2001), Manual of the law of Evidence, Universal Law Publications

17.  Universal Law Publication, The Companies Act

18.  Ratanlal and Dhirajlal, (2004     ), The Code of Criminal Procedure, Wadhwa and Company Publication

Evaluation Pattern

There are in all 5 components in the scheme of evaluation. Weightage for the components is indicated in percentage.

CIA I- Class Test carrying 20 marks - 10%

CIA II - Mid Semester Examination - 25%

CIA III - 10% Research Paper 

Attendance - 05%

End semester examination - 50%

BBL10E4B - ANTITRUST AND PATENT LAW (2017 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-up and misuse. Unit 6 equips the students with agreements concerning patented technology.

 

Course Outcome

At the end of the course students will be able to -  

 

1. Identify the scope of patent theory, Antitrust and IP relationship and the specific issues in Technology market.

2. Explain and critically analyse the patent law in US, EU and India.

3. Evaluate the interplay between patent law and competition law and the underlying philosophies of patent and antitrust law

4. Analyze the concepts of patent hold-up and misuse and the agreements concerning patented technology.

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

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

Evaluation Pattern

CIA I - 10% 

CIA II - Mid Semester Examination - 25% 

CIA III - 10% 

Attendance - 05% 

End semester examination - 50%

BBL10E5A - MARITIME LAW (2017 Batch)

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

Course Objectives/Course Description

 

This course is divided into Nine (9) 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 regulations. UNIT - 3 discusses Commercial Shipping Law which includes regulations related with shipping which includes contracts, carriage of goods by sea. UNIT - 4 discusses the importance of The Hague and the Hague-Visby rules. UNIT - 5 discusses concept of Laytime and demurrage and their exceptions. UNIT - 6 discusses Concept of Collision which includes collision of vessels in the sea and arising vicarious liability along with applicable jurisdiction in such situation. UNIT - 7 discusses Salvage, geographical limits of salvages and eligibility. UNIT - 8 discusses the concept of General averages. Lastly, UNIT - 9 discusses Jurisdiction in maritime and applicable conventions. UNIT – 10 shall discuss about the issues in maritime security and their legal frameworks.

COURSE OBJECTIVES: Currently 90% of international trade is carried on through sea. The annual rate of growth of sea-borne trade for the next decade is estimated at approximately 4.3%. Of this, Asia has the largest share of the world tonnage of sea- borne goods. Sea being the most important channel of world commerce, it is essential for law students to gain a fine-grained understanding of the law governing maritime activities. There are several issues which are pertaining to maritime such as liability of state at the time of collision, salvage, marine insurance and marine piracy. This course also highlights them for the better understanding of such issues.

 

Course Outcome

CO1: Apply the laws, principles, and concepts applicable in relation to disputes involving carriage of goods by sea and Jurisdiction in maritime and applicable conventions

CO2: Analyze the rules and legal framework of international commercial affairs related to shipping

CO3: Demonstrate an understanding of maritime law on the basis of the Merchant Shipping Act, 1958 and The Admiralty (Jurisdiction and Settlement of maritime Claims) Act, 2017, which to a large extent are based on key international conventions regulating maritime activities in the shipping business and key international standard contracts used in the maritime industry

CO4: Critically evaluate the practical problems in maritime law and devise solutions to it by drafting relevant court petitions

Unit-1
Teaching Hours:10
SOURCES AND BASIC CONCEPTS
 

Customs and International Conventions, Development in the law of the sea: UNCLOS I, II and III , ITLOS and National courts, International Waters, baselines and Maritime Boundaries, Territorial sea and contiguous zones, Right of Innocent Passage and costal state jurisdiction, EEZ, Continental shelf and resources jurisdiction, International Fisheries. Development of Maritime law and its relation with law of the sea

Unit-2
Teaching Hours:5
REGIME OF MARITIME PORTS
 

Port state Jurisdiction: Civil & Criminal, Attachment of ships: arrest of ships, Access of foreign ships to ports, Ships in distress, Quarantine regulations

Text Books And Reference Books:

1.      1952 Convention Relating to the Arrest of Sea Going Ships.

2.      1999 Convention Relating to the Arrest of Sea Going Ships.

3.      1957 Limitation Convention (Convention Relating to the Limitation of Owners of Seagoing Ships).

4.      1976 Limitation Convention (Convention on Limitation of Liability for Maritime Claims).

5.      1996 Protocols to the Limitation Convention (Convention on the Limitation of Liability for Maritime Claims)

6.      William Tetley, "The Burden and Order of Proof in Marine Cargo Claims [.pdf]" (2004).(available at http://www.mcgill.ca/maritimelaw/articles)

7.      William Tetley, "Jurisdiction Clauses and Forum Non Conveniens in the Carriage of Goods by Sea [.pdf]" (publisbed in Jurisdiction and Forum Selection in International Maritime Law. Essays in Honor of Robert Force (Martin Davies, ed.), Kluwer Law International, The Hague, 2005, Chapter 6 at pp. 183-263).

8.      William Tetley, "Mixed Jurisdictions, Language, Legislatures and Courts " (2003) 78 Tul. L. Rev. 175-218.

9.      R.R. Churchill and A.V. Lowe, “The Law of the Sea”, 3rd edn., Manchester, 1999

10.  Simon Baughen, “Shipping Law”, Routledge-Cavendish, London 2004


 

Essential Reading / Recommended Reading

1.      Shrikant Hathi & Binita Hathi, “Maritime Practise in India”, 7th Edition, Brus Chambers, Mumbai 2012.

2. Donald R. Rothwell & Tim Stephens, "The International The Law of the Sea" Hart Publishing, 2010

 

Evaluation Pattern

CIA I

CIA II

CIA III

ESE

Attendance

20 marks

50 marks

20 marks

100 marks

 

10%

25%

10%

50%

5%

BBL10E5B - SPACE LAW (2017 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:1

Course Objectives/Course Description

 

Course Description:

This course is aimed at providing the students a critical insight into the latest developments in the field of outer space law and policy. The course is divided into six units that will carry out an in-depth analysis of such developments. The first unit introduces the students with the history and development and the relevance of outer space laws in the post-modern world. The second unit deals with the fundamental concepts, terminologies, and broad legal frameworks crucial to space law and policy. The third unit looks, in detail, at the liability regime in outer space laws. This unit is crucial for the students to understand the principles used to determine the nature and proportionality of legal liability associated with outer space ventures of public as well as private enterprises. The fourth unit, one of the most important part of the curriculum, investigates the legal dimensions of various issues pertaining to outer space activities which includes commercial use of outer space, property rights, militarization of celestial/planetary bodies, environmental consequences, etc. The fifth unit deals with the dispute settlement mechanism for outer space ventures. This unit looks into the accepted practices, existing frameworks and relevant case studies, at a comparative level. The sixth and final unit talks about the need of a national space legislation in India, impeding factors, model legislations from other jurisdictions, and a solution-based approach to the issue of establishing a concrete regulatory framework on outer space activities, in India.

 

Course objectives:

The components of this curriculum focus on the following objectives:

i. Analyse the principles and process of space regulation and identify and describe the various concept taught in the respective Unit.

ii. Identify and describe the development of arguments in the context of space regulation and list out the essential characteristic of the concepts around

space regulation within the international legal framework.

iii. Compare, contrast, and reflect on theoretical concepts underlying space regulation and analyse such legal concepts.

iv. Apply legal principles and methods to ascertain problems in space regulation and determine their solutions.

v. Identify the deficiency in the municipal, and international legal systems pertaining to outer space, and suggest policy level changes for the same.

Course Outcome

Course outcomes:

Towards the end of this course, students are expected to inculcate the following:

i. An in-depth awareness of the fundamental legal issues pertaining to human activities in outer space.

ii. A critical approach to the prevalent state practices and individual inputs on the same.

iii. The ability to suggest law and policy recommendations for the loopholes and lacunae in the existing legal framework on outer space.

Unit-1
Teaching Hours:9
SPACE LAW: DEVELOPMENT AND FUNDAMENTAL PRINCIPLES
 

Development of the space law, benefits of space technology, delimitation of Air space and outer space, space treaties, principles and definitions, Sovereignty, Common heritage of mankind, Freedom of exploration and scientific investigation, International organizations and the role of United Nations, Dispute settlement in international space law, Jurisdiction and control, astronauts, Space debris, space tourism and commercialisation.

Unit-2
Teaching Hours:8
FUNDAMENTAL PRINCIPLES AND LEGAL REGIME
 

Uses of outer space, Sovereignty in space, Common heritage of mankind, Freedom of exploration and scientific investigation, International organizations and the role of United Nations, Space treaties, Dispute settlement in international space law, Jurisdiction and control.

Text Books And Reference Books:
  1. M. Ferrazzani, Soft Law in Space Activities – An Updated View, in Soft Law in Outer Space (Ed. I. Marboe) (2012)
  2. V. Kopal, Origins of Space Law and the role of the United Nations, in Outer Space in Society, Politics and Law (Eds. C. Brünner & A. Soucek) (2011)
  3. Fabio Tronchetti, Fundamentals of Space Law and Policy (Springer, 2013)
  4. Abhijeet K., State Practices Towards National Space Legislation in National Space Legislation for India, Springer, Singapore (2020)
  5. Annette Forehlich (edn.), A Fresh View on the Outer Space Treaty (2018)
  6. Bin Cheng, Studies in International Space Law, Oxford:Clarendron Press (1997)
Essential Reading / Recommended Reading
  1. Report of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (1999), A/CONF./184/6
  2. D.N. Reinhardt, The Vertical Limit of State Sovereignty, 72 Journal of Air Law & Commerce (2007)
  3. H.S. Rana, The Common Heritage of Mankind & the Final Frontier: A Revaluation of Values Constituting the International Legal Regime for Outer Space Activities, 26 Rutgers L.J. 225, (1994).
  4. L.M. Fountain, Creating Momentum in Space: Ending the paralysis Produced by the Common Heritage of Mankind Doctrine, in 35 Conn.L.Rev. 1753, (2003)
  5. B. Schmidt-Tedd & M. Gerhard, Registration of Space Objects: Which Are the Advantages for States Resulting from Registration? in Space Law: Current Problems and Perspectives for Future Regulation (Eds. M. Benkö & K.U. Schrogl) (2005)
  6. V. Pop, Appropriation in Outer Space: The Relationship Between Land and Ownership and Sovereignty on the Celestial Bodies, 16 Space Policy (2000)
  7. F. Tronchetti, Preventing the weaponization of outer space: is a Chinese- Russian- European common approach possible? 27 Space Policy 81 (2011)

Peaceful Uses of Outer Space (1999),

A/CONF./184/6

 

Evaluation Pattern

CIA 1 (10%)

CIA 2 Mid semester examination (25%) 

CIA 3(10%)

Attendance - 5%

ESE - 50%

 

Total - 100%