This document outlines the syllabus for the 4th semester BU LLB course on Company Law and other related topics. It discusses the following:
1. The syllabus covers Company Law, Arbitration, Conciliation, Environmental Law, Indian Trust and Fiduciary Relationships.
2. Key topics in Company Law include types of companies and organizations, incorporation, memorandum and articles of association, shares, directors, meetings, accounts, borrowing powers, debentures, minority rights, and winding up.
3. Arbitration and conciliation are also covered, including definitions, agreements, tribunals, awards, appeals, and enforcement.
4. Environmental Law addresses concepts of environment
This document outlines the syllabus for the 4th semester BU LLB course on Company Law and other related topics. It discusses the following:
1. The syllabus covers Company Law, Arbitration, Conciliation, Environmental Law, Indian Trust and Fiduciary Relationships.
2. Key topics in Company Law include types of companies and organizations, incorporation, memorandum and articles of association, shares, directors, meetings, accounts, borrowing powers, debentures, minority rights, and winding up.
3. Arbitration and conciliation are also covered, including definitions, agreements, tribunals, awards, appeals, and enforcement.
4. Environmental Law addresses concepts of environment
This document outlines the syllabus for the 4th semester BU LLB course on Company Law and other related topics. It discusses the following:
1. The syllabus covers Company Law, Arbitration, Conciliation, Environmental Law, Indian Trust and Fiduciary Relationships.
2. Key topics in Company Law include types of companies and organizations, incorporation, memorandum and articles of association, shares, directors, meetings, accounts, borrowing powers, debentures, minority rights, and winding up.
3. Arbitration and conciliation are also covered, including definitions, agreements, tribunals, awards, appeals, and enforcement.
4. Environmental Law addresses concepts of environment
Meaning of Corporation 1. Theories of corporate personality 2. Creation and exemption of corporations Forms of corporate and non-corporate organization 1. Corporations partnership and other association of persons, state corporations Government companies, small scale, co- operative, corporate and joint sectors Law relating to Companies- Public and Private- Companies Act, 1956 1. Need of company for development, formation of a company, registration and incorporation. 2. Memorandum of association- various clauses.- alteration therein- doctrine of ultra virus. 3. Articles of association- binding force- alternation- its relation with memorandum of association- doctrine of constructive notice and indoor management– exceptions. 4. Prospectus- issue- contents- liability for misstatements in lieu of prospectus. 5. Promoters- positions- duties and liabilities. 6. Shares- general principles of allotment, statutory restrictions- share certificate its objects and effects-transfer of shares- restrictions of transfer- procedure for transfer- refusal of transfer 7 role of public finance institutions relationship between transferor and transferee- issue share at premium and discount-depository receipts- dematerialized shares (I) EMATE) 7. Shareholder- who? Can be and who cannot he shareholder- modes of becoming a shareholder- calls on shares- forfeiture and surrender of shares- lien on shares 8. Share capital- kinds- alteration and reduction of share capital- further issue of capital- conversion of loan and debentures into capital- duties of courts to protect the interests of creditors and share holders. 9. Directors- position- appointment- qualifications- vacation of office- removal- resignation- powers and duties of directors- meeting, registers, loans-remuneration of directors- role of nominee directors companies for loss of office- managing directors managing directors and other managerial personnel 10. Meetings- kinds procedure- voting 11. Dividends payment- capitalization- profit 12. Adult and accounts 13. Borrowing powers- powers- effect of unauthorized boworring- charges and mortgages- loans to other companies- investments- contracts by companies 14. Debentures- meaning- fixed and floating charges- kinds of debentures share holder and debenture holder remedies for debenture holders 15. Protection of minority rights
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16. Protection of oppression and mismanagement- who can apply? Powers of the company, court and of the central Government 17. Investigations- powers 18. Private companies- nature and advantages- government companies- holding and subsidiary companies 19. Regulation and amalgamation 20. Winding up- types- by court- reason- ground- who can apply- procedure- powers of liquidator- powers of court- consequences of winding up order voluntary winding up subject to supervisions of courts- liability of past members- payment of liability preferential payment, unclaimed dividends- winding up, of unregistered company Law and Multinational Companies 1. International norms for control 2. National law FEMA (Foreign exchange management Act 1999), controls joint ventures- investment in India-repatriation of projects 3. Collaboration arrangement for technology transfer Corporate Liability 1. Legal liability of companies- civil and criminal 2. Remedies against them civil, criminal and tortuous-specific relief Act, writs liability under special statues.
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Paper- 2 : Arbitration, Conciliation & Alternate Dispute Resolution System Arbitration: meaning scope and types Arbitration Agreement 1. Essentials Kinds 2. Who can enter into arbitration agreement? Validity 3. Reference to arbitration 4. Interim measures by court Arbitration Tribunal 1. Appointment 2. Challenge Jurisdiction of arbitral tribunal 3. Powers 4. Grounds of challenge 5. Procedure Court assistance Award 1. Rules of guidance 2. From and content Correction and interpretation 3. Grounds of setting aside an award 4. Want of proper notice and wearing 5. Contravention of composition and procedure Breach of confidentiality 6. Impartibility of the arbitrator 7. Bar of limitations, res judicata 8. Consent of parties 11. Enforcement Appeal and revision Enforcement of foreign awards 1. New York convention Award 2. Geneva convention Awards Conciliation 1. Distinction between "conciliation", "negotiation'', "meditation", and "arbitration",
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2. Appointment 3. Interaction between conciliator and parties 4. Communication 5. Suggestions by parties 6. Resort to judicial proceedings 7. Costs Rule making Power 1. High Court 2. Central Government Legal Service Authorities Act: Scope
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Paper- III A Environmental Law Concept of Environment and Pollution 1. Environment 2. Meaning and contents 3. Pollution 4. Meaning 5. Kinds of pollution 6. Effects of pollution Constitutional Perspectives 1. Constitution making- development and property oriented approach 2. Directive principles 3. Status, role and interrelationship with fundamental rights and fundamental duties 4. Fundamental Duty 5. Contents 6. Judicial approach 7. Fundamental Rights 8. Rights to clean and healthy environment 9. Right to education 10. Right to information 11. Environment V Development 12. Enforcing agencies and remedies 13. Courts 14. Tribunal 15. Constitutional, statutory and judicial remedies 16. Emerging principles 17. Polluter pays: public liability insurance 18. Precautionary principles 19. Public trust doctrine 20. Sustainable development
Water and Air Pollution
1. Meaning and standards Culprits and victims 2. Offences and penalties 3. Judicial approach Noise pollution Legal control 1. Court's of balancing: permissible and impermissible noise Environment Protection
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1. Protection agencies: power and functions 2. Protection: means and sanctions Emerging protection through delegated legislation 3. Hazardous waste 4. Bio- medical waste 5. Judiciary: complex problems in administration of environment justice Town and Country Planning 1. Law: enforcement and constrain 2. Planning- management policies Forest and Greenery 1. Greenery conservation laws 2. Forest conservation 3. Conservation agencies 4. Prior approval and non-forest purpose 5. Symbiotic relationship and tribal people 6. Denudation of forest: judicial approach 7. Wild life 8. Sanctuaries and national parks 9. Licensing of zoos and parks 10. State monopoly in the sale of wild life and wild life article 11. Offences against wild life Bio- diversity 1. Legal control 2. Control of eco-unfriendly experimentation on animal, plants, seeds and microorganism International Regime 1. Stockholm conference 2. Green house effect and ozone depletion 3. Rio conference 4. Bio-diversity 5. 11.N. deceleration on right to development 6. Wetlands.
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Paper- IV : Indian Trust & Fiduciary Relationship Introduction 1. The concept of trust: distinction with agency and contract 2. Development of law: common law and equity 3. Trust: classification Definition and Nature of trusts under the Indian law 1. Creation of trusts: rules Duties of trustees 1. Execution 2. Acquitance with the nature of property 3. Duties in respect of title 4. Duty of care 5. Conversion 6. Impartiality 7. Prevention of waste 8. Keeping of accounts and giving of information 9. Investment 10. Sale 11. Liability for breach of trust Right of trustees 1. Title deed 2. Reimbursement Indemnity 3. Seeking direction from court Settlement of accounts 4. General authority Powers of Trustees 1. Sale 2. Varying of investment 3. Property of minors 4. Giving receipts 5. Power to compound, compromise and settle 6. Exercising authority on death or disclaimer of one of the trustee 7 Suspension of trustee's power Disabilities of trustees Right of Beneficiaries 1. Rents and profits Specific execution 2. Inspection and information 3. Transfer
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Suit for execution 4. To have proper trustees Right to compel the trustee to the duties 5. S. Right on wrongful purchase or acquisition by trustees 9. Follow up of trust properties in the hands of third parties 10. Blending of property by trustee 11. Wrongful application of trust property by partner trustee for partnership purpose. Liabilities of Beneficiaries -- Discharge of Trustees -- Appointment of New Trustees — Extinction of Trust — Construction Trust: the equitable and fiduciary relationship 1. Transfer without intent to dispose beneficial interest 2. Trust incapable of execution and trusts executed fully without exhausting property- the cypress doctrine 3. Transfer and request for illegal purpose 4. Transfer pursuant to rescindable contract 5. Debtor becoming creditor's representative 6. Advantage from undue influence 7. Advantage by qualified owner 8. Property acquired with notice of existing contract 9. Purchase by person contracting to buy property to he held on trust 10. Possession of property without whole beneficial interest 11. Duties of constructive trustees 12. Right of bonafide purchasers Special Legislation 1. Charitable and religious trust Common property resources and public trust doctrine
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Paper- V : Public Interest Lawyering 1. Class Room Teaching 2. Public Interest Lawyering 3. M.P. Legal Aid Act, Lok Adalat Act 4. Extension Programme 5. Para Legal Training, participation in Lok Adalat, Legal Aid campus 6. Legal Literacy Camp, Negotiation, Counseling 7. Use of computer in Legal work 8. Legal Research 9. Writing 10. Editing of law 11. Law office management
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