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Hidayatullah National Law University 1

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

SYLLABUS

SEMESTER-V

INTERNATIONAL
LABOUR LAW-II JURISPRUDENCE-I
RELATIONS

CORPORATE LAW-I PRINCIPLES OF INDIAN PENAL


TAXATION LAW CODE

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Hidayatullah National Law University 2

INTERNATIONAL RELATIONS
(Political Science)
Faculty Dr. Avinash Samal Year/ Semester Year-III/Semester-V
Course Name International Relations No. of Credits 4
Course Code ---------------- No. of Sessions 60
No of Contact 5 Lectures +1 Tutorial Each Session 60 Minutes
Hours (Week) Duration
Course Outline:
This course is designed to equip students with the conceptual tools needed to understand the
study of world politics and international relations from a wider perspective. Acquainting
students with the origin and historical evolution of international relations, it focuses on major
theoretical frameworks, key concepts and the main actors and institutions that are useful for
making sense of contemporary debates and challenges in international politics. In addition
to dealing with the concepts and theories related to international relations, the course covers
the recent history and contemporary events that have shaped how states and other actors
interact with each other across national borders. Presenting an overview of the international
relations in terms of war, superpower rivalry and arms race, decolonization, non-alignment
and international economic order, the course discusses the role of United Nations and other
regional organizations in promoting international peace and economic cooperation over the
years. It also discusses the instrument of foreign policy that the nation-states adopt in
pursuing international relations with countries across the borders.
The course will be taught through lectures, journal articles, debates and discussion on current
events of international importance.
Objectives
• To give an insight into the complex nature of international relations and its significance
from the perspective of peaceful coexistence;
• To acquaint students with the key concepts and theoretical frameworks for understanding
and analyzing international relations;

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Hidayatullah National Law University 3

• To provide an overview of twentieth century international relations in terms of war,


conflicts and cooperation initiated by nation-states to establish international peace and
harmony;
• To introduce the students to the international and regional organizations working for
promoting cooperation and collaboration among nation-states for securing international
peace; and
• To acquaint the students with the broad contours of foreign policy as an instrument of
promoting national interest.

EVALUATION SCHEME:

Components of Course Evaluation Distribution


Project 20 marks
Mid Term Exam 20 marks
End Term Exam 60 marks
Total 100 marks
Pass Marks: 50
Course Outcomes:
On successful completion of this course, students will be able to:

• comprehend the broad history of international relations;


• learn the key concepts and theories of international relations and apply them to understand
international situations and issues in the modern world;
• identify and discuss the major actors and the complexities of their interactions in
international relations;
• develop critical thinking capacity about various dimensions of international relations and
conduct independent research utilizing a variety of sources;
• critically engage with contemporary international political issues;
• express their ideas thoughtfully and confidently; and
• produce coherent and well substantiated arguments.

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Hidayatullah National Law University 4

Complete Syllabus of International Relations (Semester – V)

Module Course Description No. of


Hours
1. Introduction to International Relations 5
1.1 Meaning of International Relations
1.2 International Relations vs. International Politics
1.3 Evolution of International Relations
1.4 Nature, Scope and Significance of International Relations

2. Theoretical Perspectives in International Relations 7


2.1 Liberalism and Neo-Liberalism
2.2 Realism and Neo-Realism
2.3 Dependency Theory
2.4 World Systems Theory
3. International System and the Role of State and Non-State Actors 6
3.1 International System and the Actors in the International System:
3.2 States as Actors: Elements of State, Origin of Nation-State System
3.3 Non-State Actors in International Relations: Inter-State
Governmental Organizations (IGOs), Inter-State Non-
Governmental Organizations, Increasing Role of Non-State Actors
4. National Power, National Interest and Balance of Power 6
4.1 National Power, Elements of National Power, Limitations of
National Power
4.2 National Interest: Concept of National Interest, Promotion of
National Interest, National Interest and Foreign Policy, Constraints
on National Interest
4.3 Balance of Power: Meaning and Implication, Evolution of the
Concept, Patterns of Balance of Power, Relevance of Balance of
Power

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Hidayatullah National Law University 5

5. Historical Overview of Twentieth Century International Relations 15


5.1 World War – I and World War – II: Causes, Consequences and its
Impact on International Relations
5.2 Cold War: Origin and Evolution of Cold War, Détente and End of
Détente, New Cold War and the End of Cold War, Factors
contributing to the end of Cold War
5.3 Rise of Super Powers: Arms Race, Arms Control and Disarmament
5.4 Decolonization and the Emergence of the Third World
5.5 Non-Aligned Movement: Objectives, Achievements and its
relevance in Contemporary World
5.6 International Economic Order and the Demand for New
International Economic Order

6. United Nations and International Relations 8


United Nations: Origin, Objectives and the Principal Organs
6.1 General Assembly
6.2 Security Council
6.3 Economic and Social Council (ECOSOC)
6.4 Trusteeship Council
6.5 The Secretariat
6.6 International Court of Justice (ICJ)

7. Regional Organizations 5
Brief overview of the emergence of Regional Organizations and
Prominent Regional Organizations
7.1 European Union (EU)
7.2 Association of South East Asian Nations (ASEAN)
7.3 South Asian Association for Regional Cooperation (SAARC)

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Hidayatullah National Law University 6

8. Foreign Policy 8
8.1 Meaning, Definition and Determinants of Foreign Policy
8.2 India’s Foreign Policy: Basic Principles, Objectives, Continuity and
Change
8.3 India’s Relations with its Neighbours: Pakistan, China, Nepal,
Bangladesh & Sri Lanka

Suggested Readings:

Brown, Chris and Kirsten Ainley (2009). Understanding International Relations. New York:
Palgrave Macmillan (Fourth Edition).
Ghosh, Peu (2013). International Relations. Delhi: PHI Learning Pvt. Ltd. (Third Edition).
Khanna, V. N. (2015). International Relations. Delhi: Vikas Publishing House Pvt. Ltd. (Fifth
Edition).
Palmer, Norman D. and Howard C. Perkins (2001). International Relations: The World
Community in Transition. New Delhi: CBS Publishers and Distributors Pvt. Ltd. (First
Indian Edition).
Pevehouse, Jon C. W. and Joshua S. Goldstein (2017). International Relations. New Delhi:
Pearson India Publication.
Sharma, Reetika, Ramvir Goria and Vivek Mishra (2011). India and the Dynamics of World
Politics. Chandigarh: Pearson.

oooo0oooo

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Hidayatullah National Law University 7

LABOUR LAWS-II

Faculty Dr. Balwinder Kaur Year/ Term Vth Semester


Course Name Labour Laws-II No. of Credits 04
No of Contact Hours 60 – Lecture Each Session 60 minutes
(6 Hours/week) Duration

COURSE OBJECTIVE

1.To introduce the basic philosophy of labour laws about the payment of wages, social security
protections, safety, health and welfare measures under the Code for Occupational Safety, Health
and Working Conditions,2020.

2.To understand the industrial relations policy and critically evaluate the legal framework
concerning the Payment of Wages, Social Security Protections, safety, health and welfare
measures under the different codes.

3.To enable students to acquire a critical understanding of various legal rules relating to
remunerations, bonus, disablement compensation, retirement benefits maternity benefits and
enforcement mechanism under various codes.

PEDAGOGY:

The teaching methods will include Case studies and Case Law Method, Project Work, recorded
lectures and PPTs.

EVALUATION COMPONENTS:

Components of Course Evaluation Distribution

Mid Term Examination 20 Marks

End term Examination 60 Marks

Projects 20 Marks

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Hidayatullah National Law University 8

Total 100 Marks


Pass marks: 50

Syllabus of Labour Laws-II (Semester – V)

Unit Course Description No of hours


Conceptual framework of Social
Unit-I
Security-Evolution and the concept 5 hours
of Social Security, Scheme of
Social Security, Constitutiona l
Framework. UN Conventions on
social security, Role of the
International Labor Organization in
promoting social security.

Unit-II- Law relating to Employees’


Social Security (The Code on Compensation:(chapter -VII)
social security,2020) Definitions, Aims & Object, 20 hours
Liability of Employer, Notional
Extension & Defenses,
Determination of Amount of
Compensation, Compensation
when due-Penalty for default,
Contracting Out, Appointment &
Powers of Commissioner, Recent
Amendment.
Employees’ State Insurance
(Chapter-IV): Objectives and
Scope; Definitions Corporation,
Standing Committee and Medical
Benefit Council, Contribution Kind

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Hidayatullah National Law University 9

of benefits and eligibil ity,


Conditions, Adjudication of
Disputes and claims.
Employees’ Provident Fund
(Chapter-III): Objectives and
Scope, Definitions Central Boards
and its Role Provident Fund
Scheme; Deposit Linked Insurance
Scheme; and Employees’ Pension
Scheme 1995- scope and
significance.
Maternity Benefit (Chapter-VI):
Objectives, Definitions, Restriction
on employment, Right to Maternity
Benefit, Medical Bonus, Leave
Dismissal during Pregnancy,
forfeiture of Maternity benefit,
Leave for Miscarriage, Penalty for
contravention of provisions by
Employer, Cognizance of offences;
Gratuity (chapter-v): Aims and
Objects Definition, Controlling
Authority, Payment of Gratuity,
Recovery of Gratuity,
Determination of the amount of
Gratuity, Authority for
Adjudication of Claims,
Social security for unorganized
workers, Gig workers and
Platform workers(chapter-IX)
Object, and Reason behind the

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Hidayatullah National Law University 10

enactment; Definition of Employer,


Gig worker, Platform worker,
Aggregator, Home-based Worker,
Registered Worker, self-employed
worker, Unorganized Worker and
Wage Worker; Social Security
benefits, Registration of
Unorganized Worker; Authorities,
social security organization,
schemes for gig workers and
platform workers, funding of state
government schemes.
1.Chapter-II Social Security
Unit-III -The Code on Social
Organization
Security, 2020
2.Chapter-X Finance and Accounts 7 hours
3.Chapter-XIAuthorities,
Assessment, Compliance and
Recovery
4.Chapter-XII-Offences and
Penalties
5.Chapter-XIII-Employment
Information and Monitoring
1. Wage Concept
Unit-IV-The Code on
A living wage, fair wage, minimum
Wages,2019
wage, Need-based minimum wage
2. Constitutional Perspective

3. International Standards on Wage

3. Code on Wages 2019


Scope and applicability of the Code

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Hidayatullah National Law University 11

Concept and Definition of Wage


and minimum wage
Scope & Coverage
(i)Applicability 10 hours

(ii)Non- applicability

(iii)Establishment covered

(iv) Employee covered

Statutory Definition of the worker,


employer, contractor contract
labour
Minimum Wages &Floor wage-
components, Procedure for fixation
and revision of minimum wage,
fixation of floor wage, Wages of an
employee who works for less than a
normal working day, Wages for
overtime work, Mode of payment of
wages, Wages for two or more
classes of work. Minimum time rate
wages for piece work. Fixing hours
of work for normal working day and
Wages for overtime work.
Payment of Wages
Unit-V
Payment of Bonus.
10 hours
Equal remuneration
Administration of the Code, Central
Advisory Board and State Advisory

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Hidayatullah National Law University 12

Boards.
Adjudication
Payment Of Dues, Claims And
Audit
Enforcement of the Code
(i)Inspector-Cum-Facilitator
(ii)Offences Penalties including
Composition of offences.
Unit VI- The Code for 1. Factories- Definitions of
Occupational Safety, Health factory, manufacturing process, 8 hours
and Working occupier and worker
Conditions,2020 2. Working hours, holidays and
Annual Leave with wages
3. Health Safety and Welfare

Prescribed book (latest Editions)


Srivastava, S C: Industrial relations and labour laws. – New Delhi: Vikas Publishing House Pvt.
Ltd., (2020)
Recommended Readings
O. P. Malhotra: The Law of Industrial Dispute, Universal, Delhi.,.Legal Protection and Social
Security in Unorganised Sector , The Book Lines, Delhi(2017).
S.C.. Srivastava Contract Labour: A Review of the Contract Labour (Regulation and Abolition
Act and other related Laws (2015) The Book Lines, , S.C.. Srivastava Labour Law in the Factories
,Mines Plantations , Transport & Shops ,Prentice Hall of India Ltd, New Delhi .(1992).
S.C. Srivastava, Commentaries on Payment of Gratuity Act, Universal Book Co.Ltd
S.C. Srivastava, Commentaries on Factories Act,1948
V.G. Goswami, Labour and Industrial Laws, Central Law Agency.
S.N.Misra, Labour and Industrial Laws, Central law publication-22n edition. 2006.
Khan & Khan, Labour Law-Asia Law house, Hyderabad
S.C. Srivastava, Employees Provident & Miscellaneous Provisions Act, Eastern Book Company
K.D. Srivastava, Payment of Wages Act

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Hidayatullah National Law University 13

S.C.Srivastava, Treatise on Social Security 8.Jidwitesukumar Singh, Labour Economics, Deep&


Deep, New Delhi.
Bhargava, V B: Industrial and labour laws / V B Bhargava and Anita Bhargava Lucknow: Vinod
Law Publications, 1994.
Kumar, H L: Labour laws : Everybody should know / H L Kumar New Delhi: Universal Law
Publishing Co.Pvt.Ltd., 2008.
Kumar, H L:Checklist obligation of employers under labour laws / - 3rd Ed . - Delhi: Universal
Law Publishing Co.Pvt.Ltd., xxv,370p.:20 cm.
Lakshmanan, A R: Service and labour laws / A R Lakshmanan For By B Sudershan Reddy, B
S Chauhan and Salman Khurshid . - Delhi: Universal Publishing Co. Pvt.Ltd., 2011.
Pai, G B: Labour law in India Vol. I / G B Pai. - New Delhi: Butterworths India, 2001.
Saharay, H K: Industrial and labour laws of India / H K Saharay . - 3rd Ed Calcutta: New Central
Book Agency Pvt .Ltd. 1993.
Srivastava, S C Industrial relations and labour laws / S C Srivastava. - 4t Rep Ed. - New Delhi:
Vikas Publishing House Pvt. Ltd., 2005.
S N Dhyani “ILO and India”, National Publishing House, New Delhi, 1977.
Giri V V Labor Problems in Indian Industry, Asian Publishing House, Bombay, 1965.
Websites:
https://www.labourlawreporter.com/
https://labour.gov.in/
http://stmjournals.com/Journal-of-Labour-and-Industrial-Law.html
https://indiankanoon.org/search/?formInput=labour%20law%20journals

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Hidayatullah National Law University 14

PRINCIPLE OF TAXATION LAW

Course name Principles of Taxation Law Semester/Year Vth/3rd Year

Name of Faculty Dr. Rana Navneet Roy Type Compulsory

No. of Contact 60 Hours Credits 04 Pre-requisites Prior reading of the


Hours study material

ABOUT THE COURSE:

Income Tax holds its importance because it is one of the major sources of revenue for the
government, and hence tends to support the running of our government. Thus, it helps meet the
funds required to raise the infrastructure and develop the country.

The legislative framework and judicial pronouncements on the tax laws are constantly evolving
along with globalization, economic shifts, and different operational adjustments. The tax laws of
the country undergo significant changes every year on the passing of Annual Finance Act. Apart
from the amendments coming out every year through the Finance Act, various
circulars/notifications/clarifications are also issued by the regulating bodies, i.e., Central Board of
Direct Tax (CBDT) and Central Board of Indirect Taxes and Customs (CBIC) for implement the
different provisions of the Act and further clarifying the scope of some provisions.

The Income Tax Act, 1961 provides for levy, administration, collection and recovery of income
tax. It further provides progressive rate schedule, exemption limits, and incorporates number of
incentive provisions.

COURSE OBJECTIVE:

The objective of the course is as follows:

1. To understand the basic concepts of principles of taxation law.

2. To assess the income tax liability of individual.

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Hidayatullah National Law University 15

3. To provide students with the critical faculties necessary in an academic environment, on

the job, and in an increasingly complex and interdependent world.

4. To assist students in the development of intellectual flexibility and creativity so that they

may engage in life-long learning.

5. To interpret and apply the provisions of the Income Tax Act, 1961 critically.

EXPECTED OUTCOME:

1. The student will understand and demonstrate the conceptual and working knowledge of the
principles of taxation laws.

2. Students would be able to apply critical and practical approaches to the reading and
analysis of various provisions of tax laws.

3. Students would be familiar with the computation of different heads of income tax.

BRIEF COURSE OUTLINE:

Chapters Topics Sessions

1 Tax – At a Glance 9

2 Meaning and Concept of Income Tax 7

3 Incomes which do not Form Part of Total Income 4

Various Heads of Income under the Income Tax Act, 1961


4 19

5 Deductions from Gross Total Income and Rebate & Relief 4

6 Rule of Set Off and Carry Forward 4

7 Income Tax Authorities and their Power of Search & Seizure 7

8. Tax Avoidance, Tax Evasion and Tax Planning 6

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DETAILED COURSE OUTLINE:

Chapters Particulars Sessions

TAXES – AT A GLANCE

History of Taxation in India

Classification of Taxation

Difference between Direct Tax and Indirect Tax

Chapter 1 Characteristics of Tax, Fee and differences between both 9

Meaning of Tax, Cess and Surcharge

Objectives of Taxation
Canons of Taxation by Adam Smith and Additional/Modern Canons

Tax Structure in India

MEANING AND CONCEPT OF INCOME TAX

Introduction

Important Definitions: (i) Assessee [Section 2(7)]

(ii) Assessment Year [Section 2(9)]


Chapter 2 7
(iii) Previous Year [Section 3]

(iv) Income [Section 2(24)]

(v) Person

Residential Status of Assessee

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Hidayatullah National Law University 17

Chapters Particulars Sessions

Scope of Total Income

Charge of Income Tax

Agricultural Income and Its Tax Treatment

Case Laws

INCOMES WHICH DO NOT FORM PART OF TOTAL


INCOME

Background
Chapter 3 3

Incomes which do not form Part of Total Income

Case Laws

VARIOUS HEADS OF INCOME UNDER THE INCOME TAX


ACT, 1961

PART I – INCOME UNDER THE HEAD “SALARIES”

Introduction
Chapter 4 20
Basis of Charge

Meaning and Characteristics of Salary

Relationship of Employer and Employee

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Hidayatullah National Law University 18

Chapters Particulars Sessions

Allowances and Perquisites

Profits in Lieu of or in Addition to Salary

Deductions from Gross Salary

PART II – INCOME UNDER THE HEAD HOUSE PROPERTY

Basics of Charge

Determination of Annual Value

Concept of Deemed Ownership

Case Laws

PART III – PROFIT AND GAINS FROM BUSINESS /


PROFESSION

Meaning of terms ‘Business’ or ‘Profession’

Income Chargeable to Tax under the Head Business or Profession


(Section 28)

Method of Accounting

Scheme of Deductions and allowance

Basic principles governing admissibility of deduction under section


30 to 44DB

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Hidayatullah National Law University 19

Chapters Particulars Sessions

Deduction expressly allowed in respect of expenses/allowance

Expenses which are not allowed

Deemed Profits

PART IV – INCOME FROM CAPITAL GAINS

Capital Gains

Capital Asset

Short-term & long-term Assets

Transfer of Capital Assets

Exemption to Tax on Capital Gains

Case Laws

PART V – INCOME FROM OTHER SOURCES

Income Chargeable Under the Head ‘Income from Other Sources’

Casual Income

Income from Family Pension

Taxation of Dividends

Deductions Allowable in Computing Income from Other Sources

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Hidayatullah National Law University 20

Chapters Particulars Sessions

Amounts Not Deductible [Section 58]

DEDUCTIONS FROM GROSS TOTAL INCOME AND


REBATE & RELIEF

Introduction
Chapter 5 5
Important Deductions

Relief and Rebate in Respect of Income-Tax

Case Law

Chapter 6 RULE OF SET OFF AND/OR CARRY FORWARD OF LOSSES


5
Introduction

Set Off of Losses

Carry-Forward of Losses

Carry Forward and Set Off of Losses

INCOME TAX AUTHORITIES AND THEIR POWER OF


SEARCH & SEIZURE
Chapter 7 6
Introduction

Appointment of Tax Authorities

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Hidayatullah National Law University 21

Chapters Particulars Sessions

Power of Search and Seizure under Section 132

Fulfilment of statutory Conditions

Test of ‘Reason to believe’

Case Law

TAX AVOIDANCE, TAX EVASION AND TAX PLANNING

Introduction

Basic Concept of Tax Avoidance, Tax Evasion and Tax Planning

Chapter 8 Reason of Tax Avoidance, Tax Evasion


5
Distinction between Tax Avoidance and Tax Evasion

Recommendation of Wanchoo Committee to Fight Tax Evasion

Effect of Tax Avoidance and Tax Evasion

Case Law

EVALUATION COMPONENTS:

Components of Course Evaluation Marks


Mid-term Examination 20
End-term Examination 60

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Hidayatullah National Law University 22

Internal Assessment 20
Total 100

RECOMMENDED TEXT BOOK:


1. Dr. Vinod K. Singhania & Dr. Kapil Singhania, Direct Taxes Law and Practice by
Taxmann Publications.
2. Dr. Girish Ahuja & Dr. Ravi Gupta, Direct Taxes Law and Practice by Wolters Kluwer
India Pvt. Ltd., 2019.

REFERENCES:
1. Dr. Girish Ahuja & Dr. Ravi Gupta, Direct Taxes Ready Reckoner with Tax Planning,
Wolters Kluwer India Pvt. Ltd.
2. Dr. Vinod K Singhania & Monica Singhania, Taxmann's Students' Guide to Income Tax
Including GST - Problems & Solutions, 21st Edition 2020-21.
3. Sampath Iyengar, Law of Income Tax, Bharath Law House, New Delhi.
4. Kanga and Palkiwala, The Law and Practice of Income Tax, LexisNexis.
5. S. Bhattacharya & H.R. Garg, Handbook of Direct Taxes (2010) Eastern Law House,
Calcutta.
6. Vinod k Singhania- Direct Taxes.
7. A C Sampath Iyengar, The Law of Income Tax, Bharat Law House.
WEBSITES:
1. https://www.finmin.nic.in/
2. https://dor.gov.in/
3. http://financialservices.gov.in/
4. http://www.indiataxlaw.com/
5. https://www.icsi.edu/home/
6. https://www.icai.org/

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Hidayatullah National Law University 23

INDIAN PENAL CODE (IPC), 1860

Course Name Indian Penal Code (IPC), Year/Sem. 3rd Year/Vth Sem
1860
Course Code - No. of Credits 4
Faculty 1. Mr. Manoj Kumar Session Duration 1 Hour
2. Mr. Atul S. Jaybhaye
Total number of 60 Pre-requisite Prior reading and basic
lecture hours understanding of law

ABOUT THE COURSE:

Personal safety, particularly security of life, liberty, property and reputation, is of paramount
importance to every individual. Maintenance of peace and order is absolutely essential in any
society for human beings to live peacefully and without fear of injury to their lives and property.
This is possible only in states where the penal law is effective and strong enough to deal with the
violations of law. Any state, irrespective of its ideologies and form of government, in order to be
designated as a state, should certainly have an efficient system of penal laws in order to discharge
its primary function of keeping peace in the land by maintaining law and order. The instrument by
which this paramount duty of the government is maintained, is undoubtedly the penal law of the
land.

The primary objective of penal law is to maintain law and order in the society and to protect the
personal safety of the 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 individua ls
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 penal 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 penal law of India has been codified in the Indian Penal Code and in the Criminal Procedure

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Hidayatullah National Law University 24

Code; the former Code deals specifically with offences and state what matters will afford an excuse
or a defence to a charge of an offence. The Indian Penal Code is the substantive law and the
Criminal Procedure Code, the adjective law. The Indian Penal Code, 1860 is the first point of
reference in the Criminal Courts of India. The aim behind teaching this course is to deal with the
basic principles of criminal law and its associated liability & punishment. This Course is an ideal
guide that covers the structure of the Indian Penal Code. It covers mainly all the important concepts
and cases that are part of the penal laws in India. The Course is divided into six major modules
that manifest the crucial chapters through which we have tried to deliver a better understanding of
the substantial criminal law in India. The Course envelops an in-depth knowledge about the
structure of the Indian Penal Code which includes contents on criminal liability, abetment, offences
against State, body and many more. The interactive structure of the course will make the subject
interesting and the course is designed in such a way that it deliberates every diverse concept of the
substantial criminal law to its crux. The concepts, definitions and explanations have been
simplified to provide a better understanding of the topics covered under the Indian Penal Code.
The course has been designed to impart thorough knowledge about the subject to every student in
a systematic manner which will be helpful in competitive exams.

COURSE OBJECTIVES:

Crime and Punishment has always been the most important aspect of Rule of Law. A proper
understanding of crimes, methods of controlling them and the reasons for their existence is
extremely important to build a just and humane society. This course is designed with a prime object
to familiarize students with the principles of criminal liability and other concepts of substantive
criminal law along with relevant case laws. It is also meant to enable them to articulate informed
opinion over important controversial issues in criminal law. The main course objectives may
briefly be pin-pointed as:

CO1: To introduce the students to the concept of ‘crime’ and ‘criminal law’ in its theoretical
and social context.
CO2: To familiarize the students with the essential elements of ‘crime’ and ‘principles of
criminal liability’ as envisaged under the Indian Penal Code, 1860.
CO3: To develop a broad understanding of the scheme and specific offences under the IPC;

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Hidayatullah National Law University 25

and,
CO4: To enable the students to critically appreciate the emerging issues in criminal law.

PEDAGOGY:

The teaching methods will include Lectures, PowerPoint Presentations, documentaries, discussion
and debate on various offences under the Indian Penal Code and emerging issues of criminal law.

EVALUATION PARAMETERS:

Components of Course Evaluation Distribution


Project 20 marks
Mid Term Exam 20 marks
End Term Exam 60 marks
Total 100 marks
Pass Marks: 50

COURSE PLAN:

Module No Title of the Module Lecture Sessions


Introduction to Criminal Law
I 12
General Explanations
II 2

III General Exceptions 12

IV Offences Against the State 2


Abetment and Criminal
V 12
Conspiracy
Specific Offences against the
VI 10
Human Body

VII Offences against property 10

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DETAILED COURSE PLAN:


MODULE I- INTRODUCTION TO CRIMINAL LAW

➢ Concept of Crime

➢ Constituents of a crime

➢ Stages of Crime

➢ Principles of mens rea and Strict liability offences

➢ Introduction to Indian Penal Code

➢ Applicability of the Code

Recommended Readings

Cases

Woolmington v. DPP,[ 1935] AC 462 (Presumption of innocence)

Kali Ram v. State of H.P, 1973 SCC (Cri.) 1048 ((Standard of Proof)

Sowmitri Vishnu v. Union of India, 1985 Supp SCC 137 (Equal protection of law)

State of Maharashtra v. M. H George, AIR 1965 SC722

State of Madhya Pradesh v. Narayan Singh, (1989) 3 SCC596

DPP v. Smith, (1961) AC 290 (Constructive intent)

R.v. Miller, (1983) 1 All ER 978(HC)

R v. Speck, (1977) 65 Cr App R161

Om Prakash v. State of Punjab, AIR 1961 SC 1782 (Omission)Causation

Kurien v. State, 1975 KLT 748 (Transferredmalice)

Harrow London Borrow Council v. Shah, (1999) 3 All ER 302(Complicity)

Kartar Singh v. State of Punjab, 1994 SCC (Cri) 899 (Commonobject)

Dhanna v. State of M.P,AIR 1961 SC 1787 (Ss 34 & 149IPC)

Mehbub Samsuddin Malek v. State of Gujarat, 1996 SCC (Cri) 1353 (s. 120 BIPC)

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Director Rationing and Distribution v. Corporation of Calcutta, AIR 1960 SC 1355


(Vicarious criminal liability)
Iridium India Telecom Ltd. v. Motorola Inc. &Ors., AIR 2011 SC 20 (Corporate
Criminal Liability)

MODULE II- GENERAL EXPLANATIONS

He, government, wrongful gain – wrongful loss, dishonestly, fraudulently, reason to believe, act
done by several persons in furtherance of common intention (section- 34), voluntarily, injury,
good faith.

MODULE III - GENERAL EXCEPTIONS

Defenses based on justifications

➢ Private defense

➢ Necessity

➢ Consent

Defenses based on excuses

➢ Duress

➢ Intoxication

➢ Superior orders

➢ Mistake

➢ Infancy

➢ Insanity

Recommended
Readings: Cases-
Vishwanath v. State of U.P, AIR 1960 SC 67 (Private Defense)

Jai Bhagwan v. State of Haryana, 1999 SCC (Cri) 388 (Private Defense)

R v. Dudley and Step/je/w,(1884)14QBD 273 (Necessity)

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DasrathPaswan v. State of Bihar, AIR 1958 Pat 190 (Consent)

State of Orissa v. Ram Bahadur Thapa, AIR 1960 Ori 161 (Mistake)

State of Orissa v. Bhagaban Barik, (1987) 2 SCC 498 (Mistake)

M'Naghten Case, (1843) 10 CL & F 200 (Insanity)

DahyabhaiChhaganbhai Thakkar v. State of Gujarat, AIR 1964 SC 1563 (Insanity)

R v. Howe, (1987) 1 AC 417 (Duress)

DPP v. Majewski, (1976) 2 All ER 142 (Intoxication)

Walters v. hunt (1951) 2 All ER 645 (Infancy)

Mrs. Veeda Menezes v. YusufKhan, AIR 1966 SC 1773 (Triviality)

Tunda v. R, AIR 1950 All 95 (Accident)

Atmendra v. Sta?e of Karnataka, (1998) 4 SCC 256 (Accident)

S H Jopale v. State of Maharastra 2013 Cri.L.J.3588

Kartik v. State of Tamil Nadu 2013 Cri.L.J. 3765 (Sec. 375, 90, IPC and Sec. 154Cr.P.C.)

MODULE IV - OFFENCES AGAINST THE STATE

➢ Waging / attempting / abetting waging of war against the Government of India (Ss
121-124A IPC)

MODULE V - CONSTRUCTIVE JOINT CRIMINALITY

➢ Common intention

➢ Common Object

➢ Offence against Public Tranquility.

➢ Abetment

➢ Criminal Conspiracy

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Recommended Readings:
Cases-
Ajay Aggarwal v. Union of India, 1993 SCC (Cri) 961 (Abetment)

Harbhan Chakrabarty v. Cra'on of India, 1990 SCC (Cri)280

R v. Fitzmaurice, (1983) 1 All ER 189 (CA)

MODULE VI - SPECIFIC OFFENCES AGAINST THE HUMAN BODY

➢ Culpable Homicide and Murder

➢ Dowry death

➢ Rape

➢ Abetment of suicide and attempt to commit suicide

➢ Hurt and Grievous Hurt

➢ Wrongful restraint and wrongful confinement

➢ Defamation
Recommended Readings:

Cases-
The People v. Chavez, 11 Cal App 2d 621

Hyam v. DPF,(1975) AC 55

R v. Hancock and Shankland All ER641

R v. Govinda, ILR (1876) 1 Bom 342 (Distinction between Ss 299 & 300IPC)

PrahladKrishant Patil v. State of Maharashtra (2006) 9 SCC 211

KM. Nanavati v. State of Maharashtra, AIR 1962 SC 605 (Exception to S 300 IPC)

Ghapoo Yadav v. State of M.P, (2003) 3 SCC 528 (Exception to S 300 IPC)

Harivadan Babubhai Patel v. State of Gujarat, 2013 Cri.L.J.3944

Mritunjoy Biswas v. Pranab, 2013 Cri.L.J.4212

Shivsharanappa v. State of Karnataka, 2013 Cri.L.J. 2658 (Sec 300 IPC; Sec. 3 (IEA

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1872); and Sec 378 (Cr.P.C.1973)


Cherubin Gregory v. State of Bihar, AIR 1964 SC 205 (s. 304 AIPC)

Shanti v. State of Haryana, AIR 1991 SC 1226 (Dowry death)

Rambaran Mahton v. The State, AIR 1958 Pat. 452 (Hurt & Grievous Hurt- Ss 319-
325IPC)

EX Chandrasenan v. State of Kerala (1995) 2 SCC 99 (Hurt & Grievous Hurt-Ss 319-
325IPC)

Ranjit Singh v. State of Punjab 2013 Cri.L.J. 3959 (Sec. 304 B and Sec. 498A)

Gurmit Singh Vs State of Punjab , A.I.R 1996 SC 1393.

Tukaram Vs State of Maharastra, A,I,R 1979 SC 185.

State of Andhra Pradsesh Vs Gangula Satya Murty, A.I.R 1997 SC 1588.


MODULE VII- OFFENCES AGAINST PROPERTY

➢ Theft

➢ Extortion

➢ Robbery & Dacoity

➢ Criminal Misappropriation & Criminal breach of trust.

➢ Cheating

➢ Mischief

➢ Criminal Trespass

Recommended Readings:

Cases

Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094

Jadunandan Singh v. Emperor, AIR 1941 Pat. 129

Sekar v. Arumugham (2000) Cr.L.J. 1552 (Mad.)

State of Karnataka v. Basavegowda (1997) Cr.L.J. 4386 (Kant.)

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Jaikrishnadas Manohardas Desai v. State of Bombay, AIR 1960 SC 889


Mahadeo Prasad v. State of West Bengal, AIR 1954 SC 724

Akhil Kishore Ram v. Emperor, AIR 1938 Pat. 185


Shri Bhagwan S.S.V.V. Maharaj v. State of A.P., AIR 1999 SC 2332

BOOKS FOR REFERENCE:

1. Ratanlal & Dheerajlal, The Indian Penal Code, Lexis-Nexis Butterworths, 2010.

2. J. C. Smith, Smith & Hogan Criminal Law, Butterworth, London, (2002)

3. J. W. Cecil Turner, Kenny's Outlines of Criminal Law, Universal Law Publishing Co.,
Indian Reprint, (2002)
4. Andrew Ash worth, Principles of Criminal Law, Oxford University Press, New York,
(1999)

5. Dennis Baker, Glanville Williams: Textbook of Criminal Law, 2012

6. K.N Chandrasekharan Pillai, General Principles of Criminal Law, Eastern Book Co.,
(2011)

7. R.C. Nigam, Law of Crimes - Principles of Criminal Law, Vol. I, Asia Publishing House,
1965

8. K.D Gaur, Cases and Materials, Eastern Book Co., (2009)


9. K. D. Gaur, A Text Book on Indian Penal Code, (7th Edn., 2020).

10. Essays on the Indian Penal Code - Prof. K.N. Chandrasekharan Pillai & ShabistanAquil,
Indian Law Institute (2005)

11. K.I. Vibhute (Rev.), P.S.A. Pillai’s Criminal Law, (10th ed., 2008)

12. V.B. Raju, Commentary on Indian Penal Code, 1860 (Vol. I & II) (4th ed., 1982)

STUDENT LEARNING OUTCOMES:


After the successful completion of Course Curriculum, a student will be able to:
• Explain the main provisions under the Indian Penal Code, 1860.
• Distinguish the various concepts and offences under the Indian Penal Code, 1860.

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• Critically analyse various provisions under the Indian Penal Code, 1860.
• Know and understand the importance of the recent amendments under the Indian Penal
Code, 1860.
IMPORTANT NOTE:
1. The students are advised to read the books prescribed above along with legislations and
cases.
2. The topics and cases given above are not exhaustive. The teachers teaching the course shall
be at liberty to add new topics/cases.
3. The students are required to study the legislations as amended up-to-date and consult the
latest editions of books.

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JURISPRUDENCE-I

Faculty Dr. Kaumudhi Challa Semester /Year Vth/3rd Year


Course Name Jurisprudence I No. of Credits 4
Course Duration August – December Each Lecture 60 Minutes
2020 Duration
Total No. of 60 Lectures Pre-requisite Basic understanding
Lectures 10 Tutorials of Law

INTRODUCTION
Law is considered not merely as a trade to be learnt, but as an intellectual pursuit which is to be
understood, questioned, criticized and applied in a pragmatic manner. Therefore, there is a need to
think about the nature and function of law, the legal system and the legal profession. In this context,
the study of jurisprudence is of utmost importance for a good lawyer because it helps to develop
an understanding of law, improves the questioning ability and the capacity to think independently.
The term jurisprudence is derived from the Latin phrase Jurisprudentia which means the study of
law or the knowledge or science of law. It deals with the basic question, “what is law” which is
not only interesting but is also a challenging question to the scholars and academicians alike and
is in fact the central question of the whole discipline of law. Through the ages, different Jurists
have tried to answer this enigmatic question as per the times and their perspective and yet the
answer remains elusive. This paper of Jurisprudence-I attempts to explain “what is law” with the
help of various legal theories and approach of Jurists and examines their practical application in
present times.
The objective of this course is to introduce important ideas of selected jurists so as to help the
students or budding lawyers to think critically and creatively about law and its role in the
contemporary society. This course introduces the four main Schools of Jurisprudence i.e. the
Natural Law School, Analytical Positivist School, Historical School and Sociological School. It
also deals with certain central issues like law and justice, law and morality and realist movement
in order to acquaint the students with the nature of law and its role in contemporary society.

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COURSE OBJECTIVES AND PEDAGOGY:


The main objective of this course is to develop among the students an understanding of law and
legal concepts and thus enable them to develop the techniques of analysis, reasoning and logic
which are so vital for legal profession. It would facilitate the students of law to apply the legal
provisions to a particular situation and to think critically and creatively about law and its role in
the contemporary society. Thus, the objectives of this course are:
1. To elucidate and examine the meaning, nature and significance of Jurisprudence which is
often called as ‘the eye of law’ or the ‘grammar of law’.
2. To examine and find out an answer to the basic question “what is law” which is in fact the
central question of the whole field of Jurisprudence and Legal Theory.
3. To introduce important ideas of selected jurists regarding the meaning and nature of Law.
4. To introduce the four main Schools of Jurisprudence i.e. the Natural Law School,
Analytical Positivist School, Historical School and Sociological School as well as the
Realists Movement to enable students to understand the varied meaning and changing
dimensions of nature of law from the perspective of different jurists.
5. To answer the often-asked question by almost every law student, Whether the Theories and
the Schools of Jurisprudence are Relevant and Applicable in Modern Times.
6. To introduce certain central issues like Justice and Morality in order to acquaint the
students with the meaning and significance of these terms and their relevance and practical
application in the field of Law.
7. To acquaint the students regarding the multi-disciplinary nature of law and its role in
contemporary society.

PEDAGOGY:
Jurisprudence teaching requires giving the students of law, an understanding of the various schools
of Jurisprudence and the theories given by different jurists. This is essential so as to enable them
to understand the meaning and nature of Law and the practical application in contemporary society.
Thus, the teaching of Jurisprudence has to include a step by step introduction and unfolding of the
meaning, origin and development of law with the help of various theories. It has to be ‘simple
enough’ so that students understand the subject, and at the same time ‘difficult enough’ so as to

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maintain the quality of the subject that is jurisprudence.


Hence, to make the subject interesting, the teaching will include Lectures along with discussions
on various events in contemporary society so as to relate the theories. Students will be encouraged
to participate in the learning process by way of discussions, asking questions, analysis of cases and
debates. The Course will be taught by Lectures, Articles, Relevant Examples and Cases and Group
Discussions.

EVALUATION COMPONENTS:

Components of Course Evaluation Distribution

Mid Term Examination 20 Marks

End term Examination 60 Marks

Projects 20 Marks

Total 100 Marks


Pass Marks: 50

COURSE PLAN/ TEACHING PLAN:


MODULE TOPICS LECTURE
SESSIONS
MODULE I Jurisprudence: Meaning and Significance; Nature and 03
Definitions; Scope of Jurisprudence, Relation of
Jurisprudence with Other Disciplines, Meaning of
Legal Theory

MODULE Justice- Meaning and Significance; Relationship 04


II between Law and Justice; Theories by Aristotle; H. L.
A. Hart; John Rawls; Amartya Sen

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Morals- Meaning, Origin, Importance, Distinction 03


between Law and Morals; Relationship between Law
and Morals; Legal Enforcement of Morals; Hart-Devlin
Debate

MODULE Introduction and Central Features of Natural School; 07


III Origin and Development of Natural Law- Ancient
Period- Greek Philosophers; Roman Philosophers, The
Middle Ages- St. Thomas Aquinas; Renaissance
Influence on Natural Law; Social Contract Theories–
Grotius, Hobbes, Locke, Rousseau; Decline of Natural
Law Theories

Revival of Natural Law- Reasons for Revival, Theories 06


of Stammler, Fuller, Finnis and H.L.A. Hart; Hart-
Fuller Debate; Natural Law and its Application in India
MODULE Introduction and Central Features of Analytical 06
IV Positivism; Jeremy Bentham- Theory of Utility and its
Merits and Criticisms; John Austin : Types of law, Law
as Command of Sovereign; Merits and Criticisms of the
Theory; Application of Austin’s Theory in
Contemporary Times

Hans Kelsen - Pure Theory of Law, Grund norm; Merits 02


and Criticisms of the Theory, Application of Kelsen’s
Theory in Contemporary Times

H.L.A. Hart – Law as a System of Rules- Primary and 03


Secondary Rules; Rule of Recognition, Merits and
Criticisms of the Theory; Application in Modern Times;

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Hart-Dworkin Debate

MODULE V Introduction and Central Features of Historical School; 07


Karl Von Savigny – Volksgiest Theory; Merits and
Demerits of the Theory ; Henry Maine : Stages of Law;
Theory of Status to Contract; Merits and Demerits of
the Theory; Historical School and Anthropology- Inter-
relation

MODULE Introduction and Central Features of Sociological 03


VI School; Ihering - Purpose of Law, Interest Theory;
Ehrlich- Living Law Theory; Duguit- Social Solidarity
Theory
Roscoe Pound – Theory of Social Engineering; Jural 04
Postulates, Merits and Criticisms of the Theory;
Application of Social Engineering Theory in Modern
Times

MODULE American Realism- Meaning and Central Features; 04


VII Theories of Oliver Holmes- Badman Theory;
Jerome Frank – Skepticism, Father Complex Theory;
Carl N. Llewellyn – Law Jobs Theory

Scandinavian Realism- Meaning and Central Features; 04


Theories and Views of Axel Hagerstrom,
Prof. Olivecrona and Alf Ross;
Criticisms of Realists; Contribution of Realists
REVISION 04
TOTAL 60 LECTURES

The above classes will be completed by taking Lectures, Discussing Various Articles, relevant

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Cases and Examples, and Events in Contemporary Society


DETAILED SYLLABUS

Module I: Jurisprudence - Introduction


a. Jurisprudence: Meaning and Significance
b. Jurisprudence: Nature and Definitions
c. Scope of Jurisprudence, Relation of Jurisprudence with Other Disciplines, Meaning of
Legal Theory
Suggested Readings:
Austin, J. Lectures on Jurisprudence, 5th Ed., R. Campbell, John Murray, 1885
Bentham,J. An Introduction to the Principles of Morals and Legislation, ( Eds. J.H.Burns
and H.L.A. Hart), The Atholone Press, 1970
Bodenheimer, E. Jurisprudence, Harvard University Press, 1962

Module II: Law, Justice, and Morals


a. Justice- Meaning and Significance
b. Relationship between Law and Justice – Theories of Aristotle, HLA Hart , Amartya Sen
and John Rawls
c. Morals- Meaning, Origin, Importance, Distinction between Law and Morals
d. Relationship between Law and Morals- Morals as part of Law, Legal Enforcement of
Morals, Hart- Devlin Debate
Suggested Readings:
Devlin, Lord: The Enforcement of Morals, 1965
Fuller, Lon: The Morality of Law, 1969
Hart, H.L.A. : Law, Liberty and Morality, 1963
Hart, H.L.A. : The Concept of Law, 1961

Module III: Natural Law School


a. Introduction and Central Features of Natural School
b. Origin and Development of Natural Law- Ancient Period- Greek Philosophers, Roman
Philosophers; The Middle Ages- St. Thomas Aquinas; Renaissance Influence on Natural
Law, Social Contract Theories– Grotius, Hobbes, Locke, Rousseau

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c. Decline of Natural Law Theories- Reasons


d. Revival of Natural Law – Reasons for Revival, Theories of Stammler, Fuller, Finnis &
H.L.A. Hart, Hart-Fuller Debate
e. Natural Law and its Application in India
Suggested Readings:
Dias, R.W.M.: Jurisprudence, Butterworths, London, 1976
Friedmann, W. : Legal Theory, Stevens and Sons Ltd., London, 1960
Lord Lloyd: Introduction to Jurisprudence, Stevens and Sons Ltd., London, 1979

Module IV: Analytical Positivism


a. Introduction and Central Features of Analytical Positivism
b. Jeremy Bentham- Theory of Utility and its Merits and Criticisms
c. John Austin : Types of law, Law as Command of Sovereign, Merits and Criticisms of the
Theory, Application of Austin’s Theory in Contemporary Times
d. Hans Kelsen - Pure Theory of Law, Grund norm, Merits and Criticisms of the Theory,
Application of Kelsen’s Theory in Contemporary Times
e. H.L.A. Hart – Law as a System of Rules- Primary and Secondary Rules, Rule of
Recognition, Merits and Criticisms of the Theory, Application in Modern Times, Hart-
Dworkin Debate
Suggested Readings:
Friedmann, W. : Legal Theory, Stevens and Sons Ltd., London, 1960
Hart, H.L.A. : Essays in Jurisprudence and Philosophy, Oxford, 1983

Module V: Historical School of Law


a. Introduction and Central Features of Historical School
b. Karl Von Savigny – Volksgiest Theory, Merits and Demerits of the Theory
c. Henry Maine : Stages of Law, Theory of Status to Contract, Merits and Demerits of the
Theory
d. Historical School and Anthropology- Inter-relation
Suggested Readings:
Allen, C.K. : Law in the Making, 6th Ed. Oxford, 1958

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Maine, H.J.S. : Ancient Law ( Edited by F. Pollock)


Paton, G.W. : A Textbook of Jurisprudence
Savigny, F.C. Von : On the Vocation of Our Age for Legislation and Jurisprudence

Module VI : Sociological School of Law


a. Introduction and Central Features of Sociological School
b. Ihering - Purpose of Law, Interest Theory
c. Ehrlich- Living Law Theory
d. Duguit- Social Solidarity Theory
e. Roscoe Pound – Theory of Social Engineering, Jural Postulates, Merits and Criticisms of
the Theory
f. Application of Social Engineering Theory in Modern Times
Suggested Readings:
Cardozo, B.N. : The Growth of the Law, Yale University Press, 1924
Dias, R.W.M. : Jurisprudence, London, 1976
Pound, R. : An Introduction to the Philosophy of Law, Yale University Press, 1922
Stone, J. : Social Dimensions of Law and Justice, Stevens and Sons Ltd., 1966

Module VII : The Realists Movement


a. American Realism- Meaning and Central Features
b. Oliver Holmes- Badman Theory; Jerome Frank – Skepticism, Father Complex Theory;
Carl N. Llewellyn – Law Jobs Theory
c. Scandinavian Realism- Meaning and Central Features, Theories and Views of Axel
Hagerstrom, Prof. Olivecrona and Alf Ross
d. Criticisms of Realists
e. Contribution of Realists

Suggested Readings:
Bodenheimer, E., : Jurisprudence, Harvard University Press, 1962
Cardozo, B.N. : The Growth of the Law, Yale University Press, 1924

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Llewellyn, K.N., : Jurisprudence: Realism in Theory and Practice, University of Chicago


Press, 1962
Olivecrona, K., : Interpretations of Modern Legal Philosophies, Oxford University Press,
New York, 1947
ESSENTIAL TEXTBOOKS FOR READING:
1. Bodenheimer, Edgar Jurisprudence ‘The Philosophy and Method of the Law’, (Revised
Edition) 1996 Universal Book Traders, New Delhi.
2. Dias Jurisprudence (Fifth Edition), Aditya Books, Butterworths
3. Freeman M.D.A. Lloyd’s, Introduction to Jurisprudence, Sweet and Maxwell
Jurisprudence (7th Edition).
4. Friedman W. -Legal Theory. (Fifth Edition), Universal Law Publishing Co-Pvt. Ltd.
5. H.L.A. Hart, The Concept of Law, (2nd Edn.), Oxford University Press, (2007)
6. John Austin, Lectures on Jurisprudence, (5th Edn.), R. Campbell (ed.)
7. P.J. Fitzgerald, Salmond on Jurisprudence (12th Edition) Universal Law Publishers
8. Wayne Morrison - Jurisprudence from the Greek to Post - Modernism (1997).

The students will be encouraged to read the latest editions of the textbooks, Articles in
Reputed Journals, recent Case-Laws as well as daily newspapers so as to relate the theory
with current happenings in society.

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CORPORATE LAW– I

Course Name Corporate Law- I Course Teacher Dr. Dipak Das

Course Code - Year/Sem 3rd Year /Vth Semester

Each Session
60 Minutes No. of Credits 4
Duration
Total number of 70 (60 Lecture Hours +
Course Duration August-November
lecture hours 10 Tutorial Hours)

• To understand the Basic components of corporate Law.

• To know the basics and preliminary concept of corporate world.


Course
Objectives • To Understand the formation, raising of capital and borrowing loans
by a company.

The Course would help students to understand:


1. The fundamentals of Corporate Law and the essential doctrines
governing it;
Course Outcome
2. The legal features of a company and their implications in business;
3. The legal framework of Corporate Law comprising of the Companies
Act, rules, Secretarial Standards, SEBI regulations, case laws and
regulatory practices.

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Hidayatullah National Law University 43

No. of Lecture Hours


Unit I - Introduction to Corporate Law
1. Meaning of corporation
2. Features and kinds of companies
3. Concept of Separate Legal Entity
4. Lifting or piercing of Corporate Veil
5. Applicability of Companies Act, 2013, rules and Secretarial
Standards vis-à-vis SEBI law, FEMA, Banking Regulation
Act etc.
6. Definition and key terms: Officer in Default, KMP etc.

Relevant Case Laws:

1. Salomon v. Salomon & Co. Ltd. (1897) AC 22 (HL) 15

2. State Trading Corporation of India Ltd. v. CTO (1964) 4 SCR


99
3. Tata Engineering and Locomotive Co. Ltd. v. State of Bihar
(1964) 6 SCR 885
4. Daimler Co. Ltd. v. Continental Tyre & Rubber Co. Ltd.
[1916-17] All ER Rep. 191
5. Lee v. Lee’s Air Farming Ltd. [1960] 3 All ER 420
6. Re Sir Dinshaw Maneckjee Petit Bari AIR 1927 Bom. 371
7. CIT v. Sri Meenakshi Mills Ltd. (1967) 1 SCR 934 : AIR
1967 SC 819
8. Workmen v. Associated Rubber Industry Ltd. (1985) 4 SCC
114
9. Gilford Motor Co. Ltd. v. Horne (1933) Ch. 935 : [1933] All
Er Rep. 109(CA)
10. Subhra Mukherjee v. Bharat Cooking Coal Ltd. (2000) 3
SCC 312

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Hidayatullah National Law University 44

Unit II – Incorporation and incidental matters

1. Requirements with respect to formation of company


2. Procedure and consequences of Incorporation
3. Formulation of companies with charitable objects
4. Promoters: position and responsibilities
5. Pre-incorporation Contract and its enforceability
10
Relevant Case Laws:

1. Erlanger v. New Sombrero Phosphate Co. (1874-80) All ER


Rep. 271

Unit III - Charter Documents

1. Form and contents of Memorandum of Association


2. Doctrine of Ultra Vires and related cases
3. Doctrine of constructive notice and exceptions
4. Alteration of Memorandum of Association
5. Form and contents of Articles of Association
6. Doctrine of Indoor Management and exceptions
7. Alteration of Articles of Association
8. Company’s responsibility under MOA, AOA and 10
shareholders’ agreement

Relevant Case Laws:

1. Ashbury Railway Carriage and Iron Co. Ltd. v. Riche [1874-


80] All E.R. Rep. 2219 (HL)
2. Cotman v. Brougham [1918-19] All E.R. Rep. 265(HL)
3. Re Jon Beauforte (London) Ltd. [1953] 1 Ch. 131

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Hidayatullah National Law University 45

4. Bell Houses Ltd. v. City Wall Properties Ltd. [1966] 2 All ER


674
5. Re Introductions Ltd. v. National Provincial Bank Ltd. [1969]
1 All E.R. 887
6. A Lakshmanaswami v. Life Insurance Corporation of India
AIR 1963 SC 1185
7. Royal British Bank v. Turquand [1843-60] All ER Rep. 435
8. Freeman and Lockyer v. Buckhurst Park Properties Ltd.
[1964] 1 All E.R. 630
9. Kotla Venkataswamy v. Chinta Ramamurthy AIR 1934 Mad.
579

Unit IV – Prospectus

1. Prospectus – Meaning, Issue and Contents.


2. Kinds of Prospectus – Abridge prospectus, Shelf prospectus,
Red-herring prospectus, Deemed prospectus.
3. Mis-statements in a prospectus, scope of untrue statement.
4. Lability of Mis-statements in prospectus

05

Relevant Case Laws:

1. Handerson v. Lacon
2. New Burnswick Canadian Railway Company v. Muggerdge

Unit V – Company’s Capital and Corporate Finance

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1. Meaning of shares, debentures and securities


2. Kinds of Share Capital and nature of shares or debentures
3. Issue and allotment of securities
4. Further issue of securities: Private placement and public offer
5. Debenture trust deed and debenture trustee
20
6. Debenture redemption reserve
7. Issue of bonus shares and sweat equity shares
8. Transfer of shares: Restriction, Procedure and consequences
9. Variation of shareholders’ rights

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READING MATERIAL

1. Taxmann’s Corporate Law Manual: A Compendium of


Essential
Companies Act, 2013 alongwith relevant rules, edition
2020
1. Securities Contract (Regulation) Act, 1956
2. SEBI (Listing Obligations and Disclosure Requirements)
Regulations, 2015
3. Foreign Exchange Management Act, 1999
4. Foreign Exchange Management (Transfer or Issue of
References Securities to a Person Resident Outside India)
Regulations, 2000
5. A. Ramiaya: Guide to Companies Act
6. Gower: Principles of Modern Corporate Law
7. Palmer’s Corporate Law

EVALUATION COMPONENTS

Mid Term Examination 20 marks


End Term Examination 60 marks
Project 20 marks

Total 100 marks

Pass Marks: 50% of the final grade

Page 47 of 47

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