LLB (Hons) 2023
LLB (Hons) 2023
For
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TABLE OF CONTENTS
The objectives of revised curriculum of courses of law are: (1) To reorient legal education by
making provision for sufficient opportunity to the students for extensive as well as intensive
study of law. (2) To enable students to acquire knowledge and skills gained from studying law
and to facilitate students to analyse law to apply in practical situations. (3) To equip students
with strong communication skills and to make them responsible to meet the needs of
contemporary requirements of Bar, Bench and Industry in the globalised economic era. (4) To
educate them of diverse backgrounds to become effective, ethical and expert personage who are
employable in a variety of legal settings.
This regulation rules as to course component, curriculum, examination pattern and standard of
passing for LL.B. Hons. and will come into force w.e.f. the academic year 2022 - 2023.
303
II.COURSE COMPONENT OF LL.B. HONS’
▪ Explanation 1:
A student willing to have specialization in International Law and Intellectual Property
Rights Group can choose optional papers at serial number (a) in each semester from
Second year onwards for 3 Year LLB Hons Course
A student willing to have specialization in Constitutional Law and Property Law
Group can choose optional papers at serial number (b) in each semester from Second
year onwards for 3 Year LLB Hons Course
A student willing to have specialization in Criminal Law and Forensic Science Group
can choose optional papers at serial number (c) in each semester from Second year
onwards for 3 Year LLB Hons Course.
A student willing to have specialization in Industrial and Commercial Law Group can
choose optional papers at serial number (d) in each semester from Second year
onwards for 3 Year LLB Hons Course
• Explanation 2:
This arrangement of optional subjects in law is made to allow the student to have
specialization to some extent in a specified group. It will be mandatory for the
student to choose subjects as given in explanation 1.
Explanation: 3
University may offer all or any of the groups of specialized Hon’s course at its
discretion. The student has to choose the group at the beginning of the semester and
based on first come first serve basis the group will be allocated.
• Practical Papers
In the final semester, a student has to do two practical papers from the group which
he/she has selected
Explanation :
If the student has selected group (a) International Law and Intellectual Property
Law specialization, the student has to do two practical papers one on International
Law and other one on Intellectual Property Rights in the final semester.
If the student has selected group (b) Constitutional Law and Property Law
specialization, the student has to do two practical papers one on Constitutional Law
and other one on Property Law in the final semester.
If the student has selected group (c) Criminal Law and Forensic Science
specialization, the student has to do two practical papers one on Criminal Law and
other one on Law and Forensic Science in the final semester.
If the student has selected group (d) Industrial and Commercial Law specialization,
the student has to do two practical papers one on Industrial Law and other one on
Commercial Law in the final semester.
Components of Practical Papers
The following are the components of the practical papers:
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GUIDELINES TO BE FOLLOWED FOR PRACTICAL PAPERS
[NOTE: These are the general guidelines to be followed by each student along with the
instructions given by the SOEL from time to time]
LONGISH PAPER (RESEARCH ORIENTED PAPER) (50 MARKS)
Longish paper research is an essential part of the academic experience. It allows for a more
indepth exploration of a particular topic or research question, and it can help to develop
important academic skills such as research, analysis, and writing. Longish paper research can also
contribute to the overall body of knowledge on a particular topic or research question, and it can
be excellent preparation for advanced studies. The significance of doing longish paper research
cannot be overstated, as it is an important step in the academic journey and an opportunity to
make a meaningful contribution to one's field of study.
1. Originality: The research paper should present original ideas and findings, and contribute to the
existing body of knowledge in the field.
2. Depth: The paper should explore the topic in depth, and provide a comprehensive analysis of
the relevant literature, theories, and empirical evidence.
3. Scope: The paper should have a clearly defined scope, and focus on a specific research question
or set of questions. It should avoid being too broad or too narrow.
4. Methodology: The paper should use appropriate research methods and techniques, and provide
a detailed account of the data collection and analysis process.
5. Clarity: The paper should be well-structured and clearly written/ typed (Times New Roman- 1.5
spacing), with a logical flow of ideas and arguments. It should also be free of grammatical and
spelling errors.
6. Relevance: The paper should be relevant to the field of study, and address current debates and
issues.
7. Significance: The paper should demonstrate the significance of the research, and explain how it
contributes to the field and has practical implications.
8. Citation: Remember to cite your sources and use proper legal citation formats, such as
Bluebook citation.
9. Length: The paper should be of an appropriate length, taking into account the complexity of the
topic and the scope of the research. It should not be too short or too long.( not more than 30
pages)
10. Ethical considerations: The paper should adhere to ethical guidelines for research, and avoid
any form of plagiarism or academic misconduct.(Plagiarism – less than 20%)
CASE COMMENT (15 MARKS)
A case comment is a written analysis of a particular court case or legal decision. It is an essential
skill for legal professionals to master. Here are the steps you can follow to write a case comment:
1. Choose a case: The first step is to choose a case that you want to write about. It is best to select
a case that interests you or relates to a topic that you are studying.
2. Read and analyze the case: Read the case thoroughly and take notes on the key facts, legal
issues, and court's decision. Identify the legal principles applied by the court and any precedents
cited.
3. Prepare an outline: Prepare an outline for your case comment. It should include an
introduction, a summary of the facts, the legal issues, the court's decision, and your analysis.
4. Introduction: In the introduction, provide some background information about the case and its
significance. You can also provide an overview of your analysis and your thesis statement.
5. Summary of the facts: Summarize the key facts of the case, including the parties involved, the
events leading up to the legal dispute, and any relevant evidence.
6. Legal issues: Identify and discuss the legal issues raised in the case. This should include the
legal principles applied by the court and any precedents cited.
7. Court's decision: Describe the court's decision and reasoning. Discuss how the court applied
the legal principles and precedents to the facts of the case.
8. Your analysis: In this section, provide your analysis of the case. You can discuss whether you
agree with the court's decision and reasoning, or whether you have a different interpretation. You
can also discuss the broader implications of the case and how it may impact future legal
decisions.
9. Conclusion: Summarize your analysis and restate your thesis statement. You can also discuss
any questions or issues raised by the case that need further research.
10. Proofread and edit: Proofread and edit your case comment to ensure that it is well-written,
coherent, and free of errors.
11. Citation: Remember to cite your sources and use proper legal citation formats, such as
Bluebook citation.
Writing a book review is a critical analysis of a book's content, style, and relevance to its intended
audience. Here are some steps you can follow to write an effective book review:
1. Read the book: The first step is to read the book thoroughly, taking note of its key themes,
characters, and style.
2. Introduce the book: Begin the review by introducing the book's author, title, publication date,
and any other relevant information about the book.
3. Summarize the book: Provide a brief summary of the book's content and main themes. Avoid
spoilers and focus on the central ideas of the book.
4. Evaluate the book: Evaluate the book's strengths and weaknesses, including its writing style,
character development, plot, and pacing. Consider whether the book is well-researched and how
it contributes to the overall body of knowledge on its topic.
5. Support your evaluation: Use evidence from the book to support your evaluation. This could
include direct quotes or examples from the text.
6. Discuss the intended audience: Consider who the book is intended for and whether it meets the
needs and interests of its intended audience.
7. Provide a conclusion: Sum up your evaluation and provide a final assessment of the book's
overall value and significance.
8. Edit and proofread: Finally, edit and proofread your review to ensure that it is well-written,
coherent, and free of errors.
9. Ethics: Remember to be objective and avoid personal biases or opinions that are not supported
by evidence from the book.
10. Citation: Remember to cite your sources and use proper legal citation formats, such as
Bluebook citation.
******************
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GUIDELINES TO BE FOLLOWED FOR MOCK COURT
[NOTE: These are the general guidelines to be followed by each student along with the
instructions given by the SOEL from time to time]
Conduct a practice session: Conduct a practice session to ensure that participants are prepared and
comfortable with their roles. This will also help to identify any issues that need to be addressed
• before the actual mock court.
• Set up the mock court: Set up the mock court to resemble a real courtroom, with a judge's bench,
witness stand, and jury box. Make sure that all necessary equipment, such as a microphone or
projector, is available and functioning properly.
• Conduct the mock court: Conduct the mock court according to the established rules and
procedures. The judge should preside over the proceedings, attorneys should make their arguments
and question witnesses, and jurors should deliberate and reach a verdict.
• Debrief: After the mock court, conduct a debrief session to discuss what worked well and what
could be improved for future mock courts. Participants can provide feedback and suggestions, and
lessons learned can be applied to future mock court sessions.
• Strengths and weaknesses: Identify the strengths and weaknesses of each participant, and
provide specific examples to support your analysis.
• Feedback and suggestions: Provide feedback and suggestions for improvement to each
participant.
Offer specific recommendations for areas where they can improve their legal and professional skills.
• Conclusion: Conclude the report with a summary of your overall assessment of the mock court
and its participants. Provide final recommendations for improving the mock court experience in
the future.
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GUIDELINES TO BE FOLLOWED COURT TRANING PROGRAMME
[NOTE: These are the general guidelines to be followed by each student along with the
instructions given by the SOEL from time to time]
Overall, court visits can be a valuable and enriching learning experience for students interested in
law and the legal system, and can help prepare them for future careers in the legal field.
Remember to always behave in a professional and respectful manner when visiting a court. This
will help you to gain a better understanding of the legal system and make the most out of your
visit.
INSTRUCTION FOR THE STUDENTS TO PREPARE COURT
VISIT REPORT
1. Introduction: Start your report with a brief introduction, including the name of the court you
visited, the date of your visit, and the purpose of your visit.
2. Description of the court: Provide a brief description of the court, its powers and funtions.
3. Proceedings observed: Describe the proceedings you observed during your visit, including the
type of case, the judge presiding, the advocates representing each party, and the arguments
presented by each side.
4. Legal principles and processes: Explain any legal principles or processes you learned during
the proceedings, such as the burden of proof, the rules of evidence, or the steps in a trial etc.
5. Analysis and reflection: Provide your analysis and reflection on what you observed and learned
during your visit. Discuss how the court proceedings relate to the legal principles and processes
you learned in class.
6. Conclusion: Summarize the key points of your report and provide any recommendations or
suggestions for future visits to the court.
7. Formatting and citation: Use proper formatting and citation guidelines for your report, as per
the instructions provided by your faculty.
Remember to be objective and professional in your report, and to use appropriate language and
tone. Use your notes taken during the court visit to ensure the accuracy of your report, and to
support any claims or conclusions you make.
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URSE I YEAR
I Semester
II Semester
II YEAR
III Semester
III YEAR
V Semester
313
VI Semester
S.No. Subject Code Subjects
33 Civil Procedure Code and Limitation Act
34 Criminal Procedure Code (Law of Crimes-II)
35 Environment Law
36 Law of Taxation
37 Maritime Law
38 a. Practical Paper
b. Practical Paper
c. Practical Paper
d. Practical Paper
39 a. Practical Paper
b. Practical Paper
c. Practical Paper
d. Practical paper
40 Mock Court and Court Training Programme
The Course shall have the following subjects: Total 40
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III. EXAMINATION REGULATIONS
These Regulations are made applicable for students joining Five Year integrated Degree courses
and Three year Degree Courses at the School of Excellence in Law. These regulations cover
the following criteria:
External Components: 70 Marks (Question Paper pattern of the End Semester Exam)
• Internal components
• Mid semester test to be conducted after two months of teaching for 10 marks.
• Project assignment for 7 marks, Students shall submit the assignments to the
subject faculty as directed by them within the stipulated time and has to
present the project.
• All students should attend comprehensive Viva-Voce at the end of the semester.
• Every student who has secured a minimum of 50% (15/30) in internals shall be
considered to have passed the internals.
• Students who have not done any of the internal components for any valid
reasons may be given an additional chance to complete the same during the
respective semester on payment of fine of Rs.400 for the first chance and
Rs.750 for the subsequent chance within the semester as instructed by the
Director. The payment of fine shall be made through challan only.
• All the internal assessment components shall be completed prior to a fortnight
before the commencement of the external examinations. No submission of
assignments shall be entertained after the last date.
• Any student who has not completed the above said internal components will be
allowed to write the external examinations in spite of they have secured the
required attendance. Therefore the students are advised to successfully
complete the internal components of each subject within the prescribed time as
notified by the Director.
External:
• Every student has to secure a minimum of 75 percent attendance in the
concerned semester for appearing in the external examinations.
• Candidates who have earned attendance between 67% to 75% on valid reasons
are eligible to appear for the examinations provided the lack of attendance is
recommended for condonation by Director, SOEL on payment of the
prescribed fee of RS.2000/- The condonation fee must be paid by challan only.
The condonation fee must be paid on or before the last working day of the
concerned semester failing which the candidate has to pay 200 hundred rupees
fine if the payment is made prior to the commencement of exams after the
commencement of the external examinations the condonation fee will not be
accepted and the candidates whose name found in the condonation list shall
redo the semester.
• End semester examinations shall be conducted for 70 marks for each subject.
Students who have secured 35 marks out of 70 shall be considered to be passed
in the external examination.
• A student should secure 50% in both internal as well as external separately to
have to be passed in the concerned paper.
3. Class attendance shall carry a maximum of 5 marks which is as follows:
I. Less than 75% No mark
II. 75% - 79% 1 marks
III. 80% -84% 2 marks
IV. 85% -89% 3 marks
V. 90% - 94% 4 marks
VI. 95% and above 5 marks
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The special instructions for attendance is as follows:
• Students representing the university in any of the co-curricular and
extracurricular activities will be provided the attendance make up to
maximum of 20 percent of the total number of days based on the request made
by the student concerned and duly signed and certified by the faculty advisor
in charge of the co-curricular and extracurricular Activity before the
student(s) concerned along with the certificate shall reach the director, school
of excellence in law without any delay.
• In Exceptional cases where the students have to represent the university in any
co-curricular or extracurricular activities without the necessary formalities,
the same may be explained in their application for attendance make up within
three days of their return to the university after such activity. The reason for
such delay need to be specified and the same has to be certified by the faculty
advisor in charge of such co-curricular or extracurricular activity and
forwarded to the Director of SOEL without any further delay.
• A student who has been granted medical leave on the submission of medical
certificate by a duly competent authority shall be allowed to appear in the end
semester exams provided he/she has put in a minimum of 67 percent
attendances in each course. Students securing less than 67% on any
circumstances shall not be permitted to appear for the external examinations
and they shall redo the semester.
• In any event, no claims for such attendance make up shall be entertained at the
end of the semester.
• Attendance makeup shall be admissible, shall be subject to prior approval
from the concerned committee in charge for participation in moot courts,
seminars, university exchange programmes, conferences, internships, N.C.C.,
N.S.S.,
Y.R.C. or any other academic, cultural or sports activities
5. Instructions for Examinations
• Candidates should carefully fill in all the required details in the application
form, including name of the candidate, correct register number, date of birth
and subject codes, failing which their applications are liable to be rejected.
Blind candidates are exempted from payment of examination fees. They should enclose
copy of medical certificate in evidence of their handicap. However, they should pay the
fee for statement of marks, provisional certificate and convocation.
The fees once paid, will in not be refunded under any circumstances.
The fees shall be remitted by way of Bank challan only and not by way of D.D.
All candidates appearing for the examination should forward their applications,
through the Director, SOEL and the exam applications will not be submitted to
the controller of examinations under any circumstances.
Candidates should obtain their hall tickets from the Director, SOEL, three days
in advance of the commencement of examination, by producing relevant
certificate of identity.
Candidates will not be permitted to write the examination without the hall ticket.
Special sketch pens or other pens should not be used for underlining points.
The candidates should write the correct register number in the space provided in
the first page of the answer book. No other part of the answer book shall contain
the name or register number of the candidate.
The candidates will not be permitted to enter the examination hall after 30
minutes from the commencement of the examinations. No candidate will be
allowed to leave the examination hall, within the first 30 minutes from the
commencement of the examination.
Candidates are not permitted to borrow any stationers from any other candidate during
the examination within the examination hall.
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Candidates are required to adhere discipline and rules of the examination within
and outside the examination hall so as to facilitate the other candidates to write
the examination in a peaceful manner.
Candidates shall not cause any nuisance either to the co examinee or to the invigilators
and they have to adhere the instructions of the hall superintendent.
• The candidates are required to be seated in the examination hall before the
commencement of the examination. After the commencement they have to get
the permission of the hall superintendent and they have to take their respective
seat in the examination hall.
• The candidates should personally hand over the answer papers to the Hall
superintendent before leaving the hall.
• Electronic gadgets like cellular phone, pager or other instruments for
communication from outside will not be permitted inside the examination hall.
Possession of such instruments will also be treated as malpractice in the
examination hall and will be punished accordingly.
• Candidates are required to hand keep their belongings including their mobile
in their respective cloak rooms and advised to get their token. On return of the
token they can get back their belongings from the cloak rooms.
• If the above instructions are not followed or any other similar
wrong/delinquency is committed, it will be considered as malpractice and
penal action will be initiated against the delinquent student.
• Candidates who have failed any subject are eligible, applying for revaluation,
review and to get their photo copies of their answer books on payment of fees
prescribed for the same.
6. Uniform Span Period System (N+2)
According to the system, the students of the various courses of 5 Year Integrated Hons’
Degree Programme are permitted to pursue their higher classes and carry forward their
backlog papers and has to clear their papers through the regular semester by the
University.
The students those who joined in the various programmes from the academic year 2019-
2020 onwards are eligible to complete their course of study within the normal period
prescribed for such programme without detention.
As per the (N+2) norms, those students who are admitted in the academic year 2019-
2020 onwards in various programme of the UG & PG will be given two additional
years to complete their arrears of papers, if any, after the completion of the prescribed
duration of the study to become eligible for award of degree from the time of joining in
the programme. During such extended period of two years of time span, such
candidates (he/she) ceases to be a regular student of the University. If a student, he/she
fails to clear the arrears of papers in the extended period (two years) after the normal
programme of study shall not be eligible to be qualified for the degree.
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FIRST YEAR I-SEMESTER
INTRODUCTION TO LAW AND LEGAL RESEARCH
Further Reading
1. Upendra Baxi (1982), The Crisis of the Indian Legal System-Alternatives in
Development: Law, Vikas Publishing House Pvt. Ltd.: India.
2. P.M. Bakshi (1993), Legal Interpretation: Ancient and Modern, The Indian Law
Institute: India.
3. A.G. Noorani (2011), Challenges to Civil Rights Guarantees in India, South Asia
Human Rights Documentation Centre, Oxford University Press: India.
4. C.G. Weeramantry (2004), Universalising International Law, Martinus Nijhoff: Leiden.
Articles
1. J.K. Bhavnani (1962), Legal Education in India, Journal of the Indian Law Institute,
Vol. No.4, PP. 167-190.
2. V.S. Deshpande (1969), Extrinsic Aid in the Construction of Statutes, Journal of the
Indian Law Institute, Vol. No.11, Issue No. 2, PP. 123-158.
3. Rahmatullah Khan and Sushil Kumar (1975), Comparative Law Research in India,
Journal of the Indian Law Institute, Vol. No. 12, PP. 505-510.
4. Upendra Baxi (1975), Socio-Legal Research in India: A Programschrift, Indian Council
of Social Science Research: New Delhi, occasional monograph No.12.
5. D.N. Saraf (1982), Relevance and Utility of Empirical Research in Law, Journal of the
Indian Law Institute, Vol. No. 24 Issue No. 2&3, PP. 611-634.
6. Rajeev Dhavan (1994), Law As Struggle: Public Interest Law in India, Journal of the
Indian Law Institute, Vol. No. 36, Issue No.3, PP. 302-338.
7. S.P. Sathe (2001), Judicial Activism: Indian Experience, Washington University Journal
of Law & Policy, Vol. No. 6, PP. 29-109.
8. Justice D.M. Dharmadhikari (2002), Nature of Judicial Process, Vol. No. 6, Issue No.
1, Supreme Court Cases.
9. Upendra Baxi (2007), The Rule of Law in India, SUR-International Journal of Human
Rights, Vol. No. 6, Issue No.4, PP. 7-25.
10. V.G. Hegde (2010), Indian Courts and International Law, Leiden Journal of
International Law, Vol. No. 23, Issue No.1, PP. 53-77.
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11. Yashomati Ghosh (2017), Indian Judiciary: An Analysis of the Cyclic Syndrome of
Delay, Arrears and Pendency, Asian Journal of Legal Education, Vol. No. 5, Issue No.1,
PP. 21-39.
12. Philip Sales (2019), Legislative Intention, Interpretation, and the Principle of Legality,
Statute Law Review, Vol. No. 40, Issue No. 1, PP.53-63.
Research Oriented Judgments
1. Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548.
2. Maneka Gandhi v. Union of India, AIR 1978 SC 597.
3. Bandua Mukti Morcha v. Union of India, AIR 1984 SC 802.
4. U.P. Bhoodan Yagna Samiti v. Braj Kishore & Others, AIR 1988 SC 2239.
5. Paramanand Katara v. Union of India, AIR 1989 SC 2039.
6. State of Karnataka v. Appa Balu Ingale and Others, AIR 1993 SC 1126.
7. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
8. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446.
9. Bobby Art International, Etc. v. Om Pal Singh Hoon & Others, AIR 1996 SC 1846.
10. Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
11. M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699.
12. Samatha v. State of Andhra Pradesh, AIR 1997 SC 3297.
13. Gaurav Jain v. Union of India, AIR 1997 SC 3021.
14. M/s. Spring Meadows Hospital v. Hajrol Ahluwalia, AIR 1998 SC 1801.
15. Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625.
16. Mr. ‘X’ v. Hospital ‘Z’, AIR 1999 SC 495.
17. Chairman, Railway Board v. Chandrima Das, AIR 2000 SC 988.
18. Murali S. Deora v. Union of India, AIR 2002 SC 40.
19. Rupa Ashok Hurra v. Ashok Hurra & Another, AIR 2002 SC 1771.
20. In Re: Networking of Rivers (2012) 4 SCC 51.
Select Reports of the Law Commission of India
1. Report No. 183 (2002) on “A Continuum on the General Clauses Act, 1897 with
Special
Reference to the Admissibility and Codification of External Aids to Interpretation of
Statutes”.
2. Report No. 187 (2003) on “Mode of Execution of Death Sentence and Incidental
Matters”.
3. Report No. 196 (2006) on “Medical Treatment to Terminally Ill Patients (Protection
of Patients and Medical Practitioners)”.
4. Report No. 201 (2006) on “Emergency Medical Care to Victims of Accidents and
during Emergency Medical Condition and Women under Labour”.
5. Report No. 210 (2008) on “Humanization and Decriminalization of Attempt to
Suicide”.
6. Report No. 221 (2009) on “Need for Speedy Justice-Some Suggestions”.
7. Report No. 222 (2009) on “Need for Justice-dispensation through ADR etc”.
8. Report No. 223 (2009) on “Need for Ameliorating the lot of the Have-nots-Supreme
Court’s Judgments”.
9. Report No. 234 (2009) on “Legal Reforms to Combat Road Accidents”.
10. Report No. 255 (2015) on “Electoral Reforms”.
Learning Outcomes
1. To get introduced to the conception of law and its relevance to human life.
2. To understand the classification of laws to resolve the identity crisis.
3. To systematically work on the skills of using general and legal language.
4. To imbibe analytical skills of enquiry and legal reasoning.
5. To be aware of the notion of legisprudence and its intersectionality with social
problems.
6. To learn the skills of statutory interpretation and realise the impact of the schools of
textualism and purposivism.
7. To examine the role of the courts of justice in the legal system, by basically learning
the parts of judgement, judicial reasoning, identifying the ratio and judicial
behaviour.
8. To develop understanding in the reforms in legal education, especially in the post-
independence era.
9. To be a student of research by learning the fundamentals of legal research and also
observing the patterns of socio-legal research.
10. To expose oneself to the legal reforms movement institutionalised by the Law
Commission of India.
11. To equip the knowledge of this course work and apply the skills in the future course
works.
12. To systematically evolve as a legal mind, to earn intellectual self-respect and
contribute in the profession.
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JURISPRUDENCE
Laws are rules, claims are supported by arguments, and decisions are
conclusions. The rules, arguments and conclusions are bound to conform to the
requirement of logic. They must be systematically coordinated and carried to their
consequences. Thus the whole body of legal doctrines can be considered is often
considered as a more or less closely woven tissue of prepositions and deductions. The
ideas which constitute this tissue are not presented to society ready-made; they are
gradually unfolded by processes of collective thought; sometimes particular points get
generalized and subjected to principles; at other times inferences are drawn from
general prepositions. These processes constitute the dialects of law. Those dialects
become ever standing principles and thus the consolidation of all wisdom of law
becomes Jurisprudence.
COURSE OUTLINE
Module I: Clarificatory Jurisprudence
(a) Evolution of Law – Ancient India, Greek and Roman Civilization – Law, Morals,
Ethics and Justice – Nature of law – Functions of Law
(b) Rule of Law: Authority (or) Autonomy (or) Anarchy (or) Obligation (or) Opinion
(or) Dictum – Law as a Social Fact
(c) Nature and Scope of Jurisprudence – From Police State to Welfare State.
(a) Legal concepts: Meaning, Definition and kinds of Rights and Duties – Jural
Correlatives and Jural Opposites
(b) Person and its kinds – Status and Theories of Corporate personality
(c) Title and its kinds – Ownership – meaning and its kinds – Possession – meaning
and its kinds
(a) Liability – meaning and its kinds – Negligence – meaning and its kinds –
Obligation – meaning and its kinds
(b) Law of Procedure – Elements of Judicial Procedure – Evidence
(c) Property – meaning and its kinds
(a) Global Justice and Human Rights – Capitalism -Vs- Common good -Vs-
International Law – Critical Legal Studies – Legal Formalism -Vs- Legal
Realism – Solidarity and the Limitations of Liberalism
(b) Economic Jurisprudence – Feminist Jurisprudence – Cyber Jurisprudence
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(c) Post-Modern legal theory – Pragmatism and Post-structuralism – Law & Justice
in contemporary era.
RECOMMENDED READINGS (Hardcopy & E-Books):
Books:
1. Anthony D’Amato, “On the Connection between Law and Justice, 26 U.C. Davis
L. Rev.527-582 (1992-93)
2. Michael S. Green, “Legal Realism as Theory of Law”, William & Mary Law
Review, 2005, Volume 46, Issue 6, pp.1915-2000.
3. Herbert Hovenkamp, “Evolutionary Models in Jurisprudence”, Texas Law
Review, 1985, Volume 64, No.4, p.645.
4. Ruti Teitel, “Transitional Jurisprudence: The Role of Law in Political
Transformation”, 106 Yale L.J 2009 at https://heinonline.org
5. Howard T. Markey, “Jurisprudence or Juriscience?” 25 Wm & Mary L. Rev. 525
at
http://heinonline.org/HOL?Landingpage?handle=hein.journals/wmlr25&div=25&
id=& page=
FURTHER READINGS:
Books
Journals/Journal Articles:
1. Jeffrey Goldsworthy, “The Real Standard Picture, and How Facts Make it Law: A
response to Mark Greenberg”, The American Journal of Jurisprudence,
December 2019, Volume 64, Issue 2, pp.163-211 available at
https://doi.org/10.1093/ajj/auz011.
2. Marc R. Johnson, “Legislative Sovereignty: Moving from Jurisprudence towards
Metaphysics” An International Journal of Legal and Political Thought available at
https://doi.org/10.1080/20403313.2020.1744990.
3. Angela P. Harris, “The Jurisprudence of Reconstruction”, California Law
Review, 1994, Volume 82, Issue 4, p.741.
4. Richard A. Posner, “The Jurisprudence of Skepticism”, Michigan law Review,
1988, Volume 86, No.5, pp.827-891.
5. Beryl Harold Levy, “Realist Jurisprudence and Prospective Overruling”,
University of Pennsylvania Law Review, 1960, Volume 109, No.1, pp.1-30.
6. Robert H. Jackson, “Quasi-states, dual regimes and neoclassical theory:
International
Jurisprudence and the Third World”, Cambridge University Press, 1987, Volume
41, Issue 4, pp.519-549 available at https://doi.org/10.1017/S0020818300027594.
7. John Comaroff, “Reflections on the Rise of Legal Theology: Law and Religion in
the Twenty-First Century”, Journal of Social Analysis, 2009, Volume 53 No.1,
pp.193- 216.
8. Harry W. Jones, “An Invitation to Jurisprudence”, Columbia Law Review, 1974,
Volume 74, No.6, pp.1023-1055
9. Fredrick Schauer, “The Jurisprudence of Reasons”, Michigan Law Review, 1987,
Volume 85. No.5/6, pp.847-870.
10. Edward Cavanagh, “Legal thought and empires: Analogies, Principles and
Authorities from the ancients and the moderns”, An International Journal of
Legal and Political
Thought, 2019, Volume 10, Issue 4, pp.463-501 available
at https://doi.org/10.1080/20403313.2020.1744990
Learning Outcomes:
329
After Completion of the course, students will be able to –
1. To become reflective and self-fulfilled professional who are able to integrate legal
professionalism, ethics, values, doctrine, theory and skills to become outstanding
professional in a broad variety of settings.
2. To understand some level of depth rather than mere breadth, with an emphasis on
analysis of primary theoretical literature correlating with the social history.
3. To demonstrate orally and in writing, a critical understanding of major schools of
legal theory that influenced the development of the western legal tradition and
Indian legal system.
4. To critically evaluate multiple and contrasting perspectives on law and engage in
open-minded academic discussion of them in an applied context. *****
LAW OF TORTS
Law is growing and developing, adapting itself to the changing needs- social, economic,
and so on. “Law of torts is no exception to this phenomenon. the courts, vested with
jurisdiction to interpret and declare" what the law is", have been discharging their
obligation, bringing the consistent with the changing global developments. In so doing,
they have been rendering important and landmark judgements. In civil litigation,
contract and tort claims are by far the most numerous. The law attempts to adjust for
harms done by awarding damages to a successful plaintiff who demonstrates that the
defendant was the cause of the plaintiff’s losses. Torts can be intentional torts, negligent
torts, or strict liability torts. Employers must be aware that in many circumstances, their
employees may create liability in tort. This subject explains the different kind of torts, as
well as available defences to tort claims in various parameters.
After undergoing the study the student will be able to understand the following:
• Understand the sources and policy objectives of tort law.
• Identifying and analyzing the elements of various substantive torts and related
privileges/defenses.
• To resolving torts cases including the role of Judge, Burden of Proof issues. To
spot tort issues in everyday conduct.
COURSE OUTLINE
MODULE I:The Nature of a Tort
331
e) Statutory Authority- Judicial and Quasi-judicial Authority- Parental and Quasi-
parental Authority.
Recommended Reading
Books
1. Ramaswamy Iyer's The Law Of Torts, A Lakshminath , M Sridhar , LexisNexis
India (2010)
2. Philosophy and the Law of Torts, Gerald J. Postema, Cambridge University
Press, 2002
3. Gandhi, B.M., Law of Tort, 4th Edition, Reprinted 2019, Eastern Book Company.
4. Pillai, P.S.A., Law of Torts, 9 th Ed., Eastern Book Co., Lucknow (2017).
5. Salmond, Law of Torts, 17th Ed., (Rev. by R.F.V. Henston) London, Sweet and
Maxwell (1979).
Journals/ Articles
1. Philosophical Issues in Tort Law, John Oberdiek, Volume3, Issue 4, July 2008,
Pages 734-748
2. Toward a Test for Strict Liability in Torts, Guido Calabresi and Jon T. Hirschoff,
The Yale Law Journal, Vol. 81, No. 6 (May, 1972), pp. 1055-1085
3. Some Thoughts on Risk Distribution and the Law of Torts, Guido Calabresi, The
Yale Law Journal, Vol. 70, No. 4 (Mar., 1961), pp. 499-553
4. Principles of Torts, Harvard Law Review, vol. 56 Harv. L. Rev. 72 (1942-1943),
Heinonline,
5. A Critique of Torts, Richard. L. Abel ,vol 37 UCLA L. Rev. 785 (1989-1990),
Heinonline,
Further Reading
Books
1. Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, 8th
ed, 2017)
2. Carolyn Sappideen and Prue Vines (eds), Fleming's The Law of Torts (Lawbook
Co, 12th ed, 2016);
3. Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, 8th ed, 2017);
4. Kit Barker et al, The Law of Torts in Australia (Oxford, 5th ed, 2012);
5. RP Balkin and JLR Davis, Law of Torts (LexisNexis Butterworths, 5th ed, 2013);
6. Horsey, K. & Rackley, E. Tort Law. (Oxford University Press, 2019).
333
7. Ratan Lal and Dhirajlal, The Law of Torts, 25th Ed., Wadhwa and Co. Nagpur,
2017.
8. Singh, S.P, Law of Tort, Fourth Edition, Universal Law Publishing Co. Reprint
2018 9. Chakraborty, C., Law of Consumer Protection, New Delhi, Dwivedi Law
Agency (2007).
10. Lunney, M. and Oliphant, K. (2013) Tort law: text and materials. Fifth edition.
Oxford, United Kingdom: Oxford University Press.
Journal/ Articles
1. The Enterprise Liability Theory of Torts, Howard C. Klemme, Vol 47 U. Colo. L.
Rev. 153 (1975-1976), Heinonline.
2. Conditional Fault in the Law of Torts, Robert E. Keeton, Harvard Law Review,
Vol. 72, No. 3 (Jan., 1959), pp. 401-444
3. Causation, Valuation, and Chance in Personal Injury Torts Involving Preexisting
Conditions and Future Consequences, Joseph H. King, Jr., The Yale Law Journal,
Vol. 90, No. 6 (May, 1981), pp. 1353-1397
4. Advani, Poornima, “Duty to Care from Hippocrates to Consumer Forum.” Global
Health Law, Indian Law Institute &World Health Organization, South East Asia,
New Delhi, 1998, pp. 160-168.
5. Bijawat, Mahesh, Medical Negligence – Medical Malpractice- A Medical
Experience (NC), JILI 37, 1995 page 390-397.
6. The Strict Liability In Fault And The Fault In Strict Liability, John C.P. Goldberg,
Benjamin C. ZipurskyHarvard Law School
7. Toxic Gas Leak Leads to OSHA Fines- McCann & Wall, LLC, Pennsylvania,
https://www.hg.org/legal-articles/toxic-gas-leak-leads-to-osha-fines-52718
8. Harvard Law Review Forum, New Private Law Theory and Tort Law: A
Comment, Keith N. Hylton, 125 HARV. L. REV. 1757 (2012) May 18, 2012
9. Tort Law, Southern California Law Review
https://southerncalifornialawreview.com/tag/tort-law/
10. Tort Law, Green, Leon – Hein Online
https://heinonline.org/HOL/AuthorProfile?collection=Journals&base=js&search_
nam e=Green,%20Leon
Learning Outcomes
1. To analyze the term “tort”, determine those affected by the law of tort and assess
the aims and rationale behind the law of tort.
2. To apply tort law to complex problems using appropriate legal problem-solving
techniques.
3. To exercise judgment in the application of tort law to simulated client situations
in an academic environment.
4. To analyze the impact of tort law from a policy perspective.
5. To undertake legal research at a foundational level and evaluate legal
information.
335
LAW OF CONTRACTS - I
COURSE OUTLINE
MODULE I: INTRODUCTION TO CONTRACT LAW
337
c) Contract with Persons of Sound minds, incapacity arising out of Lunacy, Old age
and other legally recognized incompetence’s
d) Competency of companies, statutory bodies, central and state governments
Remedies of Specific Relief through court or arbitration under Specific Relief Act:
339
a) Specific performance:
- Cases in which it can and cannot be granted
- Personal bars to relief
- Discretionary relief
- Who can claim specific performance
- Against whom can specific performance be claimed
- Claim for compensation and other reliefs in a suit for specific performance
b) Injunctions in suits relating to contract:
- Discretionary relief
- Kinds - Temporary and perpetual, prohibitory and mandatory - When can
injunction be granted?
- When will injunction not be granted?
- Injunction to enforce negative covenants
- Claim for compensation in a suit for injunction
- Rescission
- Rectification of instruments
- Cancellation of instruments
Recommended Readings:
Books:
1. Avtar Singh, Law of Contract and Specific Relief, 12th ed, 2017, Eastern Book
Company.
2. V Kesava Rao, Contract I: Cases and Materials, 2nd ed, 2014, Lexis-Nexis
3. Ritu Gupta, Law of Contract – includes the Specific Relief Act 1963, 2015,
Lexis- Nexis
4. Anson's Law of Contract, Beatsen and Burrows ed. 29th ed., 2010, Oxford
University Press.
5. Mulla, The Indian Contract Act, Anirudh Wadhwa ed., 15th ed., 2015, Lexis-Nexis
Journals:
341
Engineering and Research (IJSER) ISSN (Online): 2347-3878 Index Copernicus
Value (2015): 56.67 | Impact Factor (2017): 5.156
Objectives of the
Course:
The purpose of the course is to acquaint the students with the meaningful
understanding of basic philosophical tenets of Constitutional Law, and to train them in
the fundamental legal structures and concepts that are found in Constitutions across the
world, such as Constitutional Supremacy, basic rights, rule of law, judicial review,
systems.
1. The Study emphasises the nature and fundamental principles enshrined in the
Constitution.
2. It helps to analyse critically the significant judicial decisions that highlights the
development of Constitutional Jurisprudence.
3. It enables the students to articulate their independent views over contemporary
constitutional issues.
4. It provides legal framework and the touchstone on the basis of which the
constitutionality of laws are examined
Course Outline
a. Right to Liberty: Art 21 - Right to Life and Personal Liberty, Meaning and
Scope,
Procedure established by law,
b. Judicial Interpretation on Life and Liberty, Applicability of concept of
reasonableness. Difference between Due Process and Procedure Established by
Law
c. Rights of the Accused: Article 20 - Rights of the arrested person, Ex-post Facto
–
Double Jeopardy – Self incrimination,
d. Article 22 – Preventive Detention, Right against Preventive Detention,
Exceptions, Safeguards against Preventive Detention.
e. Right against exploitation – Forced labour and child employment
Recommended Readings:
Articles FromJournals
1. UpendraBaxi, The Rule of Law in India, 6 SUR - Int'l J. on Hum Rts. 7 (2007).
https://heinonline.org/HOL/P?h=hein.journals/surij6&i=7
2. Journal: 50 years (1958 – 2008) JILI Special Issue, Volume 50, Oct-Dec, (2008)
3. Soli J Sorabjee (1999) Introduction to Judicial Review in India, Judicial Review, 4:2, 126-
129, DOI: 10.1080/10854681.1999.11427060.
4. S. P. Sathe, Judicial Review in India: Limits and Policy, 35 Ohio St. L.J. 870
(1974).https://heinonline.org/HOL/P?h=hein.journals/ohslj35&i=880
345
5. Ramaswamy R. Iyer. “Public Enterprises as 'State' and Article 12.” Economic and
Political Weekly, vol. 25, no. 34, 1990, pp. M129–M134. JSTOR,
www.jstor.org/stable/4396678.
Further Readings:
Books:
10. Report of the National Commission to Review the Working of the Constitution
(NCRWC)
Journals:
Learning Outcome:
347
After the completion of the course the students will be able to -
1. The study of Constitutional Law as a Transformative Documentenhances ability
to apply law in addressing social problems.
4. The study enables the students as to how the Constitution tries to bring
democracy out of Public and extend it to private sphere and also ensures clear
understanding of professional and ethical responsibility
FAMILY LAW - I
India being a land of multi religious and multi-cultural, the course helps in
understanding the meaning of the concepts that are involved in family system in the
Personal Laws of the Hindus, Christians and Muslims. The syllabus revolves on the
various aspects of family unit starting with the sources of personal laws, marriage,
matrimonial reliefs, family courts, maintenance, legitimacy of children, custody of
children and guardianship.
Therefore the study helps the students to understand the following
1. It equips the students with different personal Laws
2. It provides ability to the student community in realizing secular laws related to
inter- religious marriage, dowry, adoption and maintenance.
3. Appreciate the Conglomeration of the uncodified aspects of unisex marriage and
live- in- relationship.
4. Also motivates the students to equip with writing, reading and research skills.
COURSE OUTLINE
b. Void, voidable and valid marriage in different religious texts and statutes-
c. Laws and Issues on marriage under the Special Marriage Act –
d. Unisex Marriage and question on living together –
e. The demand of Dowry and the concept of Dower under the relevant Personal
Laws -
Recommended Readings:
Books:
1. Mulla, Hindu Law, (Lexis Nexis 23rd Edition, 2018)
2. Tahir Mahmood & Saif Mahmood, Introduction to Muslim Law, (Universal Law
Publishing Co., 2nd ed., 2017)
3. Kusum, Family Law Lectures – Family Law – I, (Lexis Nexis,5th ed. 2019)
4. Paras Diwan, Law of Marriage and Divorce, ( A Comprehensive treatise on
Matrimonial Law of .................... including Hindus, Muslims, Christians, Parsis
and
Jews) (Universal Law Publishing Co. 7th ed. 2017)
5. Prof. (Dr.) T. V. Subba Rao, Prof. (Dr.) Vijender Kumar, Prof. G.C.V. Subba
RAo's Family Law in India, (Gogia & Co., 2018)
Further Readings:
Books:
9. Hari Dev Kohli, Supreme Court on Hindu Law,(Universal Law Publishing Co.
2016)
10. Srinivasan M.N. ,Commentaries on Hindu Law, (Delhi Law House, 5th Revised
New Edition in 2 Vols.)
Journals
1. Zoe Rathus (2020) A history of the use of the concept of parental alienation in
the Australian family law system: contradictions, collisions and their
consequences, Journal of Social Welfare and Family Law, 42:1, 5-
351
17, DOI: 10.1080/09649069.2019.1701920
https://www.tandfonline.com/action/showCitFormats?doi=10.1080%2F09649069.2019.170
19
20
2. Justin Jones (2020) Towards a Muslim Family Law Act? Debating Muslim
women's rights and the codification of personal laws in India, Contemporary
South Asia, 28:1, 1-14, DOI: 10.1080/09584935.2019.1684444
https://www.tandfonline.com/doi/full/10.1080/09584935.2019.1684444
3. Jaiswal & Arunima Singh, Decoding Same-Sex Marriage Under the ‘Holy’ Hindu
Marriage Act, 1955https://www.manupatrafast.com/articles/articleSearch.aspx
4. Mahavir Singh Kalon, DNA Technology and Legal Issues in India, Delhi Law
Review, Vol. XXV, 2003
5. Stellina Jolly & M.S.Raste, Rape and Marriage : Reflections on the Past, Present
and Future, Vol. 47JILI, 2006
6. Jyoti Rattan, Uniform Civil Code in India: A Binding Obligation under the
International and Domestic Law, Vol 46 JILI 2004
1. A study of this course will enlighten the students on the factors that determine the
legality of domestic relationship,
2. The learning of the subject gives an understanding of both the personal law and
secular law that regulates domestic relationship.
3. The student will be able to compare the personal laws as it existed before
codification and appreciate the welcoming changes after codification and
subsequent developments.
353
SEMESTER -II INDIAN PENAL CODE (LAW OF CRIMES-I)
The Indian Penal Code is a Substantive law containing 511 sections. It was Lord
Macaulay who moved the House of Commons in 1833 to codify the whole of Criminal
Law in India. The Criminal Procedure Code was passed in I860 (Amended in 1973).
These two together constitute 'Criminal Law’ of India. This codification of both the
substantive and adjectival (Procedural) Criminal law brought uniformity and
definiteness to the Criminal jurisprudence in India. Definition of offences, containing
many ingredients must be remembered with abundant caution. Even if one ingredient is
slipped, it will not amount to an offence. Further, the illustrations play a dominant role
and should be studied again and again to comprehend the essentials of the offences.
'Mens rea' which is the subject of great discussion in England, is much simplified by the
l.P.C. The subject is heavy but is worth its weight in gold.
After undergoing the study the student will be able to understand the following:
• Analyze criminal acts, their elements, parties to offenses, and application to the
criminal justice system
• Express an increased awareness of the legal principles of criminal law and its
application
• Students will demonstrate an understanding of the origins of criminal behaviour,
society's response to crime, and the consequences of crime to our society,
utilizing multiple perspectives
• Students will articulate ethical implications of decision making in a professional
capacity.
COURSE OUTLINE
355
Annoyance
d) Offence Relating to Weights & Measures-Offence Affecting the Public Health,
Safety, Convenience, Decency & Morals
e) Offences Relating to the Army, Navy & Air Force-Offences against the Public
Tranquillity-False Evidence & Offence against Public Justice.
Recommended Reading
Books
1. K.I. Vibhuti, PSA Pillai’s Criminal Law, Lexis Nexis, Butterworths Wadhwa,
Nagpur, 2017
2. K.D. Gaur, Textbook on Indian Penal Code, Universal Law Publishing Co., New
Delhi, 2017
3. Ratanlal Dhiraj Lal, The Indian Penal Code, Lexis Nexis, Butterworths Wadhwa,
Nagpur, 2017
4. The Indian Penal Code 1860 (IPC) Bare Act with Illustrations
2020
Edition Paperback – 1 Jan 2020, Government of India
5. Glanville Williams, Text Book of Criminal Law, Universal Law Publishing Co.,
New Delhi, 2016
Journals/ Article
1. Murder-suicide: A review of the recent literature, Eliason S, Journal of the
American Academy of Psychiatry and the Law (2009) 37(3) 371-376
2. Whose problem is it anyway? Crimes against women in India, Himabindu
BArora RPrashanth N, Global Health Action (2015) 8(1)
3. Mens Rea, Hampton J, Social Philosophy and Policy (1990) 7(2) 1-28
4. Intention, Parkinson CWheatley T, Elsevier Inc., (2012), 452-457
5. Trafficking in women and children in India: nature, dimensions and strategies for
prevention, Ghosh B, The International Journal of Human Rights (2009) 13(5)
716- 738
Further Reading
Books
1. Supreme Court on Penal Code Collection (in 5 Volumes), Surendra Malik and
Sudeep Malik, 2018 Edition, Eastern Book Company
2. Indian Penal Code (IPC), C.K. Takwani, 2014 Edition, Eastern Book
Company
3. Criminal Law (Indian Penal Code), K S N Murthy & K V S Sarma, 1st Edition,
Lexis Nexis
4. Crime and Punishment– Trends and Reflections, N V Paranjape, 1st Edition,
Lexis Nexis
5. Textbook on Criminal Law, Allen M, Oxford University Press, (2013)
6. The Language of Crime, Tiersma PSolan L, Oxford University Press, (2012)
7. Death sentence on taxonomy in India, Prathapan KRajan PNarendran
TViraktamath CAravind, NPoorani JSee fewer, Current Science, 2008
8. Law of crimes: A hand book : a single volume commentary on Indian penal
code,
1860 (Act no. XLV of 1860), V. V Raghavan, Orient Law House : sole selling
agents, Orient Sales Organisation; 1st edition (1980)
9. Codification, Macaulay and the Indian Penal Code: The Legacies and Modern
Challenges of Criminal Law Reform (International and Comparative Criminal
Justice) ,Ashgate; 1 edition (February 28, 2013)
10. . R.C. Nigam, Law of Crimes in India (Vol. I) New York, Asia Pub. House
(1965).
Journal/ Article
1. Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent
Superiority and Modernity of the English Legal System Compared to India's
Legal
System in the Nineteenth Century, David Skuy, Modern Asian Studies, Vol.
32, No. 3 (Jul., 1998), Cambridge University Press, pp. 513-557
2. Justifiable Homicide: A Study of the Application of Nonculpable Deadly
Force in Cuyahoga County (Cleveland), Ohio, 1958–1982,Challener
RAdelson LRushforth N, Journal of Forensic Sciences (1987) 32(5) 11186J
3. Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just
Deserts' for Victims and Defendants Alike?,Kirchengast T, Criminal Law and
Philosophy (2010) 4(2) 197-213
4. Dignity and Defamation: The Visibility of Hate, Waldron J,Harvard Law
Review (2009) 123(1596) 1596-1657
5. Sedition, Monét V, Taylor and Francis, (2013), 217-222
6. Indian Perspective on the legal Status of Marital Rape: An Overview, Sindhu
SThakur M, International Journal of Multidisciplinary Approach & Studies
(2015) 2(1) 235-250
7. Criminal Law - Cases and Materials, O’Daly M, Criminal Behaviour and
Mental Health (1995) 5(1) 53-54
8. Criminal Conspiracy, Sayre F, Harvard Law Review (1922) 35(4) 393
9. Capital punishment, Aggarwal K, Medico-Legal Update (2010) 10(1) 7-8
10. Sentencing Sex Offenders in India: Retributive Justice versus Sex-Offender
Treatment Programs and Restorative Justice Approaches, Gill AHarrison K,
International Journal of Criminal Justice Sciences (2013) 8(2) 166-181
357
4. Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171
5. S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685
6. Ram Badan Sharma v. State of Bihar (2006) 10 SCC 115
7. Rambaran Mahton v. The State, AIR 1958 Pat. 452
8. S. Varadarajan v. State of Madras, AIR 1965 SC 942
9. State of Punjab v. Gurmit Singh (1996) 2 SCC 384
10. Bhupinder Singh v. UT of Chandigarh (2008) 8 SCC 531
11. Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094
12. Shri Bhagwan S.S.V.V. Maharaj v. State of A.P., AIR 1999 SC 2332
13. Indira Gandhi v Raj Narain– 1975
14. Priyadarshini Mattoo case - October 2006
15. Jessica Lal Murder Case - December 2006
16. Nithari serial murders – 2009
17. Aarushi Talwar murder – 2008
18. Naz Foundation v Govt of NCT of Delhi) - July 2009
19. Ayodhya Ram Mandir Babri Masjid Case) - September 2010
20. Yakub Abdul Razak Memon V State of Maharashtra and Anr - July 2015
Learning Outcomes
1. To analyse the principles of criminal responsibility, undertake self-directed legal
research using primary and secondary materials, and analyse and evaluate legal
information relating to criminal law and legal theory.
2. To apply principles of criminal law to complex legal problems, and critique the
operation of criminal law from both a policy and theoretical/principled
perspective.
3. To prepare persuasive written and oral arguments for a legal and lay audience on
issues relating to the drafting of new criminal laws and the application of existing
criminal laws to common scenarios that arise in criminal practice.
4. To demonstrate awareness of principles of ethical professional judgement in the
management and conduct of a criminal law matter, relevant to both prosecution
and defence.
5. To analyse the impact of criminal law from a policy perspective, with a focus on
the impact of the law on those people who are vulnerable or outside mainstream
culture.
CONSTITUTIONAL LAW– II
COURSE OUTLINE
MODULE I: EXECUTIVE STRUCTURE, POWERS AND FUNCTIONS
a) National Emergency - Duty of the Union to protect the States against external
aggression and internal disturbance - Power of Union Executive to issue directions
and the effect of non- compliance.
b) State Emergency - Imposition of President’s Rule in States – Grounds, Limitations,
Parliamentary Control, Judicial Review.
c) Financial Emergency.
d) Emergency and suspension of fundamental rights.
Recommended Readings:
Books:
1. H.M. Seervai, Constitutional Law of India in 3 volumes, Universal Book
Traders,4th Edition 2019.
2. M.P.Jain Revised by Justice Jasti Chelameswar and Justice Dama Seshadri
Naidu, Indian Constitutional Law, Lexis Nexis, 8th Edition 2018.
3. D.D.Basu, Commentary on the Constitution of India, Lexis Nexis, 9 th Edition
2014.
4. Mahendra P. Singh, V. N. Shukla’s Constitution of India (11th ed., 2008)
5. Granville Austin, Working a Democratic Constitution - A History of the Indian
Experience (1999)
6. ConstitutentAssembly Debates Vol. 1 to 12 (1989)
Journals/Journal Articles:
1. Gary Jeffrey Jacobsohn , An unconstitutional constitution? A comparative
perspective, INT‟L J CON LAW 460, 474(2006).
2. Omar, I. (2002). Emergency powers and the courts in India and Pakistan (Vol.
53). MartinusNijhoff Publishers.
361
3. UpendraBaxi, The Indian Constitution as an Act of Theft and the Theft of the
Indian Constitution: A Retrospect on Indian Constitutionalism’.
4. Dilip Dobb, India is Indira and Indira is India. Wholives if Indira dies?, India
Today (Dec 26, 2005)
5. NilanjanMukhopadhyay, Past Continuous: How IndiraGandhi used Presidential
Elections to cement her ownpower, THE WIRE(May25,2017).
Further Readings:
Books:
1. D.D.Basu Revised by Justice A.K.Patnaik, Shorter Constitution of India, Lexis
Nexis, 15th Edition 2018
2. P.M.Bakshi, The Constitution of India, Lexis Nexis, 17th Edition 2020.
3. Sudhanshu Ranjan, Justice versus Judiciary – Justice Enthroned or Entangled in
India, Oxford University Press, 2019.
4. Samaraditya Pal, India’s Constitution Origins and Evolution, Lexis Nexis, 1st
Edition, 2017.
5. ConstitutentAssembly Debates Vol. 1 to 12 (1989).
Journals:
1. Soroor Ahmed, The role that Syria, Sinai and Oil Pricesplayed in triggering
Emergency, NATIONALHERALD, (Jun 25, 2017).
2. A Study of the Emergency Provisions in the Indian Constitution, The Emergency
of
1975 and the Possibility of Recurrence thereof,
15126https://www.nationalheraldindia.com/opinion/the-rolesyria-sinai-oil-
prices- played-in-triggering-emergency.
3. Seniority as the Norm to Appoint India's Chief Justice isa Dubious Convention,
THE WIRE (Dec 22, 2016),https://thewire.in/law/seniority-norm-cji-
appointmentthakur- khehar.
4. Report of the Commission on Centre–StateRelations(Sarkaria
Commission)(1987).
5. Report of the National Commission to Review the Working of the
Constitution(2002).
6. Report of the Commission on Centre-State Relations
(M.M. Punchhi Commission)(2010).
Cases for Guidance:
1. S.P. Anand v. H.D. Deve Gowda, AIR 1997 SC 272.
2. Samsher Singh v. State of Punjab, AIR 1974 SC 212.
3. M.P. Spl. Police Estab. v. State of M.P (2004) 8 SCC 788.
4. Epuru Sudhakar v. Govt. of A.P., AIR 2006 SC 338.
5. B. R. Kapur v. State of T. N. AIR 2001 SC 3435.
6. Anil Kumar Jha v. Union of India, (2005) 3 SCC 150.
7. Jaya Bachchan v. Union of India, AIR 2006 SC 2119.
8. In re Keshav Singh, AIR 1965 SC 745.
9. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184.
10. D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579.
11. A.K. Roy v. Union of India, AIR 1982 SC 710.
12. AutomobileTransport (Rajasthan) Ltd. v. State of Rajasthan, AIR 1962 SC 1406.
13. Jindal Stainless Ltd. v. State of Haryana, AIR 2006 SC 2550.
14. G.K. Krishnan v. State of Tamil Nadu, (1975) 1 SCC 375.
15. Shree Mahavir Oil Mills v. State of J. & K. (1996) 11 SCC 39.
16. Atiabari Tea Co. v. State of Assam, AIR 1961 SC 232.
17. State of Rajasthan v. Union of India, AIR 1977 SC 1361.
18. S. R. Bommai v. Union of India, AIR 1994 SC 1918.
19. Rameshwar Prasad v. Union of India, AIR 2006 SC 980.
363
LAW OF CONTRACTS - II
Objectives of the Course
As established in Contracts I through detailed study of General Principles of Contract,
the students by now know that the essence of all commercial contracts is regulated by the
Indian Contract Act, 1872.
The focal point of this course is the special contracts detailed in the Indian Contract Act,
1872. Further the course deals with general principles that apply to each specific
contractual relationship. Provisions relating to The Sale of Goods 1930, The Indian
Partnership Act 1872 and The Negotiable Instruments Act 1881 are discussed alongwith
the contracts of indemnity and guarantee, of bailment and pledge, and that of agency.
The Law of Special Contracts can be classified under two very broad categories, viz.
special contracts of personal relationships and special contracts of property related
transactions.
COURSE OUTLINE
367
j) Transfer of Title-Nemo Dat Quod Non Habet
k) Delivery of goods: various rules regarding delivery of goods
l) Rights and liabilities of the buyer and selle
m) Unpaid seller and his rights.
n) Auction sales
o) Remedies for breach of contract
Journals/Journal Articles:
1. Journal of Contract Law – Legal Publications / Lexisnexis
2. Corporate Law Journal – ISN 2581-3592
3. Company Law Journal
4. Indian Journal of International Economic Law – NLSIU,Bengaluru,India
5. NLS Business Law Review
FURTHER READINGS:
Books:
1. The Law of Bailment, by Robert H. Tanha, Irwin Law Inc., 2019.
2. Law of Guarantees, by The Hon Mrs. Justice Geraldine Andrews; Richard
Millett, QC; John Robb, Sweet & Maxwell, 08th Edition, 2008.
3. Principles of the Law of Agency, by Howard Bennett, Hart Publishing, 01st
Edition, 2013.
4. Agency and Partnership Law, edited by Mark J. Loewenstein and Robert W.
Hillman, Edward Elgar Publishing Ltd., 2018.
5. Bowstead & Reynolds on Agency, Sweet & Maxwell Ltd., 20th Edition, 2016.
6. The Sale of Goods, by M.G. Bridge, Oxford University Press, 02nd Edition,
2009.
7. Practical Guide to Limited Liability Partnership, by Pl. Subramanian, Snow
White Publication, 14th Edition, 2018
8. Bhashyam and Adiga, The Negotiable Instruments Act (1995), Bharath,
369
9. Allahabad
10. M.S.Parthasarathy (ed.), J. S. Khergamvala, The Negotiable Instruments Act
Journals/Journal Articles:
1. Indemnities and the Indian contract act 1872,Wayne Courtney NATIONAL LAW
SCHOOL OF INDIA REVIEW 27 NLSI Rev. (2015)
2. Condition and Warranty in Contract Law of India,Harvard BlackLetter Law
Journal
3. Commercial Utility of Bailment,Kartik Mandloi,Published in International
Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-
6470, Volume-2 | Issue-5, August 2018, pp.1093-1098,
4. Hire-Purchase Hardships and Hopes,J. W. A. Thornely,The Cambridge Law
Journal,Vol. 20, No. 1 (Apr., 1962), pp. 39-68
5. Published by: Cambridge University Press on behalf of Editorial Committee of
the Cambridge Law Journal.
6. Computing Damages in Hire purchase Agreements: A Re-LookBREACH OF
CONTRACT, ICFAI University Publications
7. Government Obligations in Public-Private Partnership Contracts, Journal of
Public Procurement, Vol. 10, No. 4, Winter 2010,Sandeep Verma,Government of
Rajasthan; Public Health Engineering & Ground Water Departments
8. Partnership Formation: The Role of Social Status,Haimanti Bhattacharya&
SubhasishDugar,
https://pubsonline.informs.org/doi/abs/10.1287/mnsc.2013.1818.
9. Modes of Termination of Principal – Agent Relationship under the Indian
Contract Act, 1872,Roshni Duhan and Vimal Joshi Department of law, B.P.S.
Mahila
Vishwavidyalaya, Khanpurkalan, Sonipat,International Research Journal of
Social Sciences ISSN 2319–3565 Vol. 2(11), 46-48, November (2013)
10. Dissolution of Indian Firms - Various Modes,33 Pages, SSRN,Raghvendra Singh
Raghuvanshi, India,papers.ssrn.com/sol3/papers.cfm?abstract_id=1558970
11. Performance and Compensation: An Analysis of Contract Damages and
Contractual Obligation,Charlie Webb,Oxford Journal of Legal Studies, Volume
26, Issue 1, Spring 2006.
Cases for Guidance:
1. Ultzen v. Nicols [1894 1 QB 92]
2. Morvi Mercantile Bank v. Union of India A.I.R. 1965 S.C. 1954
3. Kaliaporumal Pillai vs. Visalakshmi AIR [1938 Mad 32]
4. Adamson v. Jarvis (1827) 4 Bing.66:29 R.R.503
5. Dugdale v. Lovering (1874-75) L.R. 10 C.P. 196
6. Sheffield Corporation v. Barclay[1905] AC 392
7. State of Gujarat vs. Memon Mahomed [AIR 1967 SC 1885]
8. Duncan Fox & Co. v. North & South Wales Bank(1880) 6 AC 1, [1874-80] All
ER Rep Ext 1406
9. Lasalgaon Merchants Co-op Bank vs. Prabhudas Hathibhai [AIR 1966 Bom
134]
10. Ram Gulam vs. Govt. Of Uttar Pradesh [AIR 1950 All 106]
11. Coouturier v. Hastie (1856) 5 HLC 673
12. Phillipson v. HayterL. R. 6 C. P. 41
13. Graff v. Evans(1882) 8 Q.B.D. 373, 73
14. Niblett v. Confectioners’ Materials Co. [1921] 3 K.B. 387
15. Summer Permain & Co. v. Webb & Co. [1922] 1 K.B. 55.
LEARNING OUTCOMES:
371
FAMILY LAW-II
The main objective of the paper is to apprise the students with the laws relating to family
matters governing inheritance, succession, partition, with practical approach. The
subject makes the students to identify and understand the scheme of succession under
the Hindu, Muslim and Christian Laws. Further, with reference to uncodified Hindu
Law, the matters relating to Joint Family System, Coparcenary, Karta and his powers,
partition and the Hindu Religions Endowments are given in the syllabus for
understanding the changes effected after the passing of the Hindu succession Act, 1956
and other related Laws. Under Muslim Law students can understand the principles
behind the matters relating to Wakfs, Wills, Gifts and Pre- Emption and also the Sunni
and Shia Law of Inheritance. The students can learn the details of Christian Law, a Part
of the Indian Succession Act, 1925 and Law of Wills with reference to Christian Law of
Inheritance.
After undergoing the study of this paper the Student should be able to understand the
following:
1. Able to understand the personal laws relating to Succession, Partition and Religious
Endowments.
2. Identify the scheme of succession under various religious laws and able to understand
the past and present legal systems.
3. Analyse comparatively the testamentary and intestate succession under various
religious laws and appreciate the limitations provided for the same.
4. Able to understand the law relating to Hiba and Shuffa under Muslim Law.
COURSE OUTLINE
Recommended Readings:
Books:
1. Dr. Poonam Pradhan Saxena, Family Law Lectures: Family Law II, LexisNexis
Butterworth, India, 4th Edition 2018.
2. ASAF A.A.Fyzee , Edited and Revised by Tahir Mahmood, “Outlines of
Muhammadan Law”, Oxford University Press, 5thEdition 2009.
3. Kusum, “Family Law Lectures”, 2003, Lexis Nexis, New Delhi.
4. Mulla, “Principles of Mahomedan Law” by Hidayatullah, 19 th Edition.
LexisNexis Butterworth, New Delhi.
5. Dr. Paras Diwan, “Modern Hindu Law”, Allahabad Law Agency, Faridabad
(Haryana), 2018.
Journals/Journal Articles:
1. Hindu Law - Daughter: A Coparcenar, Kulkarni, K.V. All India Reporter, 2004
Mar.
2. Hindu Succession (Amendment) Act 2005: An Appraisal, Dash, U.N., All Indian
High Court Cases, 2007.
3. Hindu Women’s Right to Property (with special reference to The Hindu
Succession Act, 1956), Roy, Sujoy, PRP Journal of Human Rights, 2004, Oct. –
Dec.
4. Law Commission of India: Proposal to amend The Hindu Succession Act, 1956
as amended by 39 of 2005: Editor- Madras Law Journal, Madras Law Journal,
2008, Feb.
5. Right of a Female Heir to claim Partition in a dwelling house under S.23 of the
Hindu Succession Act, 1956, Kumar, M.R. Pradeep, Madras Law Journal, 1993
184(1).
Further Readings:
Books:
1. Dr. Paras Diwan, “Muslim Law in Modern India”, Allahabad Law Agency,
Faridabad (Haryana), 2016.
2. Dr. Qureshi, M.A. - “Muslim Law”, 3rd edn. 2007, Central Law Publications,
Allahabad.
3. Dr. Tahir Mahmood & Dr. Saif Mahmood, Introduction to Muslim Law,
Universal Law Publishing – An imprint of Lexis Nexis, 2014.
4. R.K.Agarwal, “Hindu Law”, Central Law Agency, 2019.
5. B.M. Gandhi, “Family Law Vol II”, Eastern Book Company, Lucknow, 2013.
6. Dr. Paras Diwan’s Family Law, Allahabad Law Agency, 2018.
Journals:
1. S.23 of The Hindu Succession Act, 1956: A sober view point, Prasanna,
C.Luxmi, All India High Court cases, 2006, Mar.
2. S.6 and 29-A of The Hindu Succession Act: A critic, Ramakoti, M., All India
Reporter, 2003, Oct.
3. Some thoughts on Hindu Succession (Amendment) Act, Balasubramanian,
K.G., Kerala Law Times, 2005 Oct.
4. State Amendment to Hindu Succession Act and conflict of Laws: Need for Law
Reform, Bhadhhade, Nilima, Supreme Court Cases, 2001.
5. Status of women under The Hindu Succession Act, 1956, Gupta, Suman, All
India Reporter, 2007, May.
6. Stridhana & Women’s Property Rights critical view under Hindu Succession
Act, 1956 and Customary Hindu Law, Chakravarty, Padmaja, Apex court
Expression, 2003.
7. Study of the amendments made in The Hindu Succession Act, 1956, Davda,
C.R., All India High Court Cases, 2008, Feb.
8. The Hindu Succession Act, 1956 should the legal riddle under S.14 of the Act
continue forever? Kader, S.A., Madras Law Journal, 2008, Sep.
9. The Hindu Succession Act, 1956: Defects and anomalies in the Amending Act
39 of 2005, Murthy, A.S. Ramachandra, All India High Court Cases,2007 Jul.
10. Whether the Right of a Female to claim partition in a dwelling house under
S.23 of Hindu Succession Act, 1956 is a myth or reality, Jena, Krushna
Chandra, Cuttack Law Times, 1999, Sep.
11. Women’s Property Rights under traditional Hindu Law and The Hindu
Succession Act, 1956: Some observations, Jain, Prakash Chand, Journal of the
Indian Law Institute, 2003, Jul. - Dec.
COURSE OUTLINE
a. Definition-Acquisition of Easement
b. Easement of Necessity and Quasi Easements
c. Easement by Prescription
d. Extinction, Suspension and Revival of Easements
e. License.
Module V: Law of Registration
a. Definitions - The Registration-Establishment
b. The Duties And Powers Of Registering Officers, Enforcing The Appearance
Of
Executants And Witnesses, Refusal To Register
c. The Fees For Registration, Searches And Copies Registrable Documents
d. Time of presentation, place of registration, Presenting Documents for
Registration e. Penalties.
Presenting Wills And Authorities To Adopt - The Deposit Of Wills- The Effects Of
Registration And Non-Registration
Recommended Readings:
Books Prescribed
Statutory materials:
Statutory materials:
Articles:
1. Abraham Bell and Gideon Parchomovsky, A Theory of Property, 90 Cornell L. Rev.
531
(2005)
Available at: http://scholarship.law.cornell.edu/clr/vol90/iss3/1
2. Exclusion and Exclusivity in Property Law Author(s): Larissa Katz Source: The
University of Toronto Law Journal, Vol. 58, No. 3 (Summer, 2008), pp. 275-315
Published by: University of Toronto Press Stable URL:
http://www.jstor.org/stable/20109850
3. The Rule against Perpetuities and Gifts to Classes, W. Barton Leach, Harvard Law
Review, Vol. 51, No. 8 (Jun., 1938), pp. 1329-1353,
https://www.jstor.org/stable/1333400
4. Case Notes on Steadman v. Steadman, 10 Melb. U. L. Rev. 149 (1975-1976)
5. The Doctrine Of Part Performance In India by G. M. Sen, Journal of the Indian Law
Institute, Vol. 11, No. 2 (APRIL-JUNE 1969), pp.
224-229, https://www.jstor.org/stable/43950022
6. Claeys, Eric R., Property, Concepts, and Functions (March 10, 2018). Boston
College Law Review, Vol. 60, No. 1, 2019; George Mason Legal Studies Research
Paper No. LS
18-04. Available at http://dx.doi.org/10.2139/ssrn.3136041
7. The Registration Act, 1908: Critical Analysis of Registration Act by Shivam Goel,
Available at: https://www.researchgate.net/publication/314424567
8. Overview Of Stamp Duty Acts available at
https://shodhganga.inflibnet.ac.in/bitstream/10603/130517/9/09_chapter%203.pdf
9. Essert, Christopher (2013), ‘The Office of Ownership,’ University of Toronto Law
Journal, 63: 418–461.
10. Francis S. Philbrick, “Changing Conceptions of Property in Law”, Universit y of
Pennsylvania Law Review And American Law Register, Volume 86 May, 1938 No.
7 Learning Outcomes:
On successful completion of this course, students will be able to:
1. Analyse and define the concept and nature of transfer of immovable
property, and illustrate the different types of transfers and rules relating to it.
2. Evaluate the rules relating to general transfer of immovable property 3.
Determine and analyse the rules of specific transfer and easements.
4. Determine, explain and apply the principles of property law to resolve complex
problems and theoretical questions.
5. Apply property law to complex problems and critically examine its operation from a
range of theoretical and social perspectives and to Prepare convincing written arguments
for a legal audience.
381
PROFESSIONAL ETHICS ACCOUNTANCY FOR
LAWYERS AND BAR BENCH RELATIONS
(CLINICAL COURSE: I)
Objectives of the Course
Learning Outcomes
• After completion of this course the student will be able to perform as good
lawyering
• The student of law must be oriented with disciplined, well performed and
socially ethically trainedprofessional.
385
II YEAR III SEMESTER
LAW OF EVIDENCE
Objectives of the Course:
The Law of Evidence is one of the most important parts of the procedural law. The Law
of
Evidence plays a very important role in the effective functioning of the judicial system.
The Law of Evidence is an indispensable part of both substantive and procedural laws.
It imparts credibility to the adjudicatory process by indicating the degree of veracity to
be attributed to 'facts' before the forum. This paper enables the student to appreciate the
concepts and principles underlying the law of evidence and identify the recognized
forms of evidence and its sources. The subject seeks to impart to the student the skills of
examination and appreciation of oral and documentary evidence in order to find out the
truth. The art of examination and cross-examination, and the shifting nature of burden of
proof are crucial topics. The concepts brought in by amendments to the Law of Evidence
are significant parts of study in this course.
After undergoing the study the student will be able to understand the following:
• To design, implement and review a plan for establishing each legal element of a
given case to the required standard of proof with admissible evidence
• To plan and execute a witness examination that comports with evidentiary
standards and that persuasively establishes a fact in issue in the case; anticipate
and respond to evidentiary objections that may be raised during your
examination
• To identify, articulate and assert appropriate evidentiary objections while
listening to a witness examination, and respond appropriately to questions from
the judge
• To draft and execute a witness examination for the introduction of a document or
item of proof
COURSE OUTLINE
Recommended Readings:
Books:
1. M. Monir, Law of Evidence, Universal Law Publishing Co. Pvt. Ltd, 2018
2. Rattan Lal Dheeraj Lal, Law of Evidence, Lexis Nexis, 2018
3. Avtar Singh, Principles of Law of Evidence, Central Law Publications, 2016
4. Sarkar and Manohar, Sarkar on Evidence (1999), Wadha & Co., Nagpur 2017
5. Hong Kong Law of Evidence, Mike McConville, Dmitri Hubbard, and Arthur
McInnis, 2nd Edition,2014, Blue Dragon Press, Hong Kong
1. Allen, R. and A. Stein, 2013, “Evidence, Probability and the Burden of Proof”,
Arizona Law Review, 55: 557–60
2. Allen, R, 1991, “The Nature of Juridical Proof”, Cardozo Law Review, 13: 373–
422.
3. Garrison, A.H. (2000). A review of the behavioural science theory and its
admissibility in criminal trials" American Journal of Trial Advocacy, 23, 591-
657.
4. Kristina L. Needham, "Questioning the Admissibility of Non Scientific testimony
after Daubert: The need for increased Judicial Gatekeeping to ensure the
reliability of all Expert Testimony" 1997 FULJ Vol. 25 Issue 3, Pg. 541-578.
5. Mathiharan K, "Emergency Medicare: its Ethical and legal aspects" National
Medical Journal of India, Vol. 17, No.1 January/ Feb, 2004, 31-35 at p. 33.
6. Neeraj Tiwari, "Fair trial vis-a-vis Criminal Justice Administration: A critical
study of the Indian Criminal Justice System JLCR Vol.2(4) pp. 66-73
7. Nivedita Grover, "Development of forensic science and criminal prosecution-
India" IJSRP Vol.4 Issue 12
8. Sonia Dutt Sharma, "DNA-Dignity and Dissolution of Marriage", Helix Vol.2 :
101- 104 (2012).
389
9. Subhomoy Sarkar, "The Constitutional Mandate on the Right Against Self
Incrimination: A Comparative Study on the Legitimacy of Narco Analysis 2009”
Cr.L.J Vol 2 Journal/166.
10. Tess M.S. Neal, "Expert Witness preparation: What does the Literature tell us?
American Society of Trial Consultants. 2009, pg. 82.
Learning Outcome:
After completion of the course students will be able to -
COURSE OUTLINE
Module I Introduction – General principles of Company law
a) Definition- Evolution, meaning and Functions of corporate law;
b) Historical Development of Concept of Corporate Law in India
c) Meaning and Nature of Company with Emphasis on its Advantages
and Disadvantages over other forms of Business organizations. Types
of companies.
d) Comparison between Company and Partnership and Company and
Limited
Liability Partnership;
e) Theory of ‘Corporate Personality’; concept under common law and
statutory law; the company as a corporate body; ignoring of corporate
personality; statutory exceptions to corporate personality;
Module II Promotion and Formation of Company
a) Promotion: Promotion of Company, Promoters their position, Powers, Duties
and Liabilities.
b) Formation: Formation of Company Procedure of registration including
online registration of a company- Effects of Certificate of Incorporation - pre
incorporation contracts- Liability of company.
c) Company’s Constitutional Documents- Memorandum of Association and
Articles of Association, Doctrine of Ultra vires – A critical analysis of
doctrine of Ultra Vires Alteration of Memorandum of Association and
Articles of Association.
391
d) Binding Nature of Articles of Association between members/shareholders
inter se and also outsiders; Rule of Constructive Notice; Doctrine of Indoor
Management and its exceptions.
Module III Corporate financing
a) Shares –Nature of shares- Application and allotment of shares
b) share capital- kinds of share capital, equity, preferential difference
c) prospectus – golden rule in issuing prospectus – Remedies against
misrepresentation in the prospectus- -members and shareholders,
d) -debentures, charges and debenture holder, crystalisation of floating
charge, dividends.
Module IV Corporate Governance
a) Directors-independent directors, women directors and managerial
personnel, meetings
b) Role of directors – Board of directors- duties and responsibilities-
Insider
Trading – Role of SEBI
c) accounts and audits-internal auditing, National financial reporting
authority, E-filing,
d) majority powers and minority rights, prevention of oppression and
mismanagement, investigation, powers of inspectors,
Module V Winding Up of Companies
a) Winding up and kinds of winding up.
b) Procedure for different kinds of winding up - powers of liquidators
c) Insolvency and Bankruptcy - Defunct companies and restoration,
revival and rehabilitation of sick companies
Module VI Adjudicatory Bodies
a) National Company Law Tribunal; National Company Law Appellate
Tribunal – Administration of NCLT, CLAT Constitution, Powers,
Jurisdiction, Procedure, Judicial Review
Module VII Corporate Governance and Social responsibility
a) Importance of Corporate Governance; Legal Reforms of Corporate
Governance in India; Reports of the various Committees on Corporate
Governance;
Recommended readings:
Books:
1. A. Ramaiya, Guide to the Companies Act (17th ed., 2010)
2. Paul L. Davies, Gower and Davies Principles of Modern Company Law (Latest
edition)
3. Palmer : Company Law, Stevens and sons, London
4. Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford
University Press (8th ed., 2008)
5. Avatar Singh: Company Law, Eastern Book Company, 16thed 2018.
Articles:
1. David Millon, “Theories of the Corporation” Vol. 1990: 2001 Duke Law Journal 262
2. Harvard Law Review, 1982. Piercing the Corporate Law Veil: The Alter Ego
Doctrine under Federal Common Law. 95(4), pp.853-871.
3. Franklin Gevurtz, “The Globalization of Corporate Law: The End of History or a
Never Ending Story?” Vol. 86: 475 Washington Law Review 475-521 (2011).
4. Azfer A. Khan, BlurringTheEdgesOfCorporate Law: Insider
TradingAndTheMartoma Decision, Harvard Business Law
reviewOnline,2018volume 8,PP.48-56.
5. Human rights through a corporate governance lens Posted by George s. Dall
international corporate governance network, on Friday, may 22, 2015
Further Readings:
Books:
1. Gower’s and Davies’ Principles of Modern Company Law, (8th ed., 2008)
2. Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed., 2012)
3. Mayson,French&Ryamn:Company Law, Oxford, 31st edition, 2014-15
4. Saleem Sheikh & William Rees, Corporate Governance & Corporate Control,
Cavendish Publishing Ltd., 1995
5. Charles Wild & Stuart Weinstein Smith and Keenan, Company Law, Pearson
Longman, 2009 6. Institute of Company Secretaries of India, Companies Act 2013, CCH
Wolter Kluver Business, 2013.
Journals:
393
1. A Reassessment of the Fraud Exception. Cambridge Law Journal, 2(56), pp.284-290.
2. Hayton, D., 1977. Contractual Licences and Corporate Veils. The Cambridge Law
Journal, pp.12-15.
3. Katharina Pistor, Yoram Keinan∗ , Jan Kleinheisterkamp, Mark D. West The
Evolution of Corporate Law.
4. Sanger, A., 2012. Crossing the Corporate Veil: The Duty of Care Owed by a Parent
Company to the Employees of Its Subsidiary. Cambridge Law Journal, pp.478-481.
Cases for guidance:
1. Ashbury Railway Carriage & Iron Co. Ltd. v. Riche, (1875) L.R. 7 H.L. 653,
2. Bharat Insurance Ltd. v. Kanhya Lal, A.I.R. 1935 Lah. 792
3. Case Study on Satyam Scandal
4. Daimler Co. Ltd. v. Continental Tyre & Rubber Co., (1916) 2 A.C. 307
5. Erlanger v. New Sombrero Phosphate Co. (1878) 3 AC 1218: (1874-80) All ER Rep.
271
6. Foss v. Harbottle 67 E.R. 189;
7. Household Fire And Carriage Accident Insurance Co. Ltd. Grant (1879) 4 E.D. 216]
8. Kotla Venkataswamy v. Chinta Ramamurthy, AIR 1934 Mad. 579
9. Life Insurance Corporation of India v. Escorts Ltd., (1986) 59 AIR 1986 SC 1370
10. Menier v. Hooper’s Telegraph Works, (1874) L.R. 9 Ch. App. 350
11. New Brunswick, etc., Co. v. Muggeridge, (1860) 3 LT 651
12. Peek v. Gurney (1873) 43 L.J. Ch. 19
13. Percival v. Wright (1902) 2 Ch. 421
14. Royal British Bank v. Turquand (1856) CI & B 327)
15. Salomon v. Salomon & Co. Ltd., (1897) A.C. 22 Learning Outcomes:
After completion of the course students will be able to:
1. To examine and develop an understanding of the characteristics of a business
corporation when compared to other forms of business structure.
2. To consider the conceptual framework within which companies operate, Corporate
personality and the extent of the personal liability of members of corporations.
3. To acquire the cognitive skills to analyse evaluate and synthesise information about
corporations, corporate officers, shareholders and creditors so as to identify and resolve
legal and business related issues.
4. To develop a commitment to engendering lawful, ethical and socially reasonable
corporate behaviour
ADMINISTRATIVE LAW
The following syllabus prepared with this perspective will comprise of 6 modules.
COURSE OUTLINE
Module I - Introduction to Administrative Law and Constitutional Concepts
(a) Role of State From Laissez-Faire to welfare State – Expansion Role of State -
as Enabler, facilitator and Regulator.
(b) Definition, Nature and Scope of Administrative Law.
395
(f) Parliamentary Sovereignty in U.K., Limited Legislative Powersin U.S.A. and India.
(d) Control over Delegated Legislation – Judicial, Procedural and Legislative Control.
Recommended Reading
Books Prescribed:
1.M.P.Jain & S.N. Jain, “Principles of Administrative Law” (Gurgaon: Lexis Nexis,
2013).
2.S.P. Sathe, “Administrative Law” (Butterworths, India 1998).
3.De Smith, “Judicial Review of Administrative Action” (Sweet and Maxwell, 1995).
4.I.P.Massey, “Administrative Law”, (Lucknow: Eastern Book Company, 2008).
5.C.K.Takwani, “Lectures on Administrative Law” (Allahabad law Agency, 2014).
6.Kailash Rai, “Administrative Law” (Allahabad law Agency, 2014).
Journals Prescribed
Reference Books:
1.Durga Das Basu, “Admini strative Law” (Kamal Law House, 2016).
2.C.K. Thakker, “Administrative Law” (Lucknow: Eastern Book Company, 2012).
Articles:
1. Seemeen Muzafar, “Doctrine of Legitimate Expectation in India: An Analysis”,
International Journal of Advanced Research in Management and Social Sciences, ISSN:
2278
– 6236.
4. Siddharth.R and Prof. Dr. A. Sreelatha, “Principle of Natural Justice and Its
Application in
Indian Legal System” International Journal of pure and Applied Mathematics, Vol.120,
No.5, (2018), p.1669.
399
5. S.Shruthi Taarana and Ms.R.Dhivya, “Administrative Tribunals in India the Lights of
the
Decided Cases-In Constitutional Analysis” International Journal of pure and Applied
Mathematics, Vol.120, No.5, (2018), p.1921.
6. Ambuj Mishra, “Legitimate Expectations in India” IJJSR, Vol.1, Issue 1, (2019), p.30.
Judicial delay and arrears are the greatest form of causality in adversarial process.
Adjudication through Court of Law are high in terms of time, expense and damage to
relationships. With the introduction of Section 89, CPC and amendment in the
Arbitration and Conciliation Act 1996 in 2015andsetting up of in - house mediation
centers focus is shifting on noncoercive and consensual processes of Mediation and
Conciliation is the fastest growing dispute resolution remedy worldwide. Mediation
and Conciliation shall provide for a Win-Win situation for the parties to the dispute,
as the resolution takes place with the characteristic of amicability, peacefulness and
mutual settlement between parties thu,s finality, without intervention of the Court.
There is a need of blending judicial and non-judicial dispute resolution mechanism
and bring mediation a primary method of resolution of dispute to the center of the
Indian Judicial System. The subject is old but needs reassurance and learned in
theory and practice, to be looked upon more as primary option than as Alternate
dispute resolution (ADR) mechanism. This course will be learned under two basics.
First, the theoretical understanding of the concepts and, the ethical and legal
provisions relating to, mediation and conciliation. Secondly, the course is geared to
train the students in the practical skills required to effectively participate and
practice, mediation and conciliation processes.
After undergoing the study, the student will be able to understand the following:
• Law on the subject and the precedents laid down by court annexed mediation in
India and abroad are exhaustively dealt with.
• Nature of dispute, conflicts and make choice of appropriate settlement
technique to and resolve them.
• Identification of real needs and interests resolves the disputes without
undergoing arduous trial procedures.
• Enhancing the practical skills apart from theory, in long run shall reduce
backlog and docket explosions before the Court of Law.
COURSE OUTLINE
Module I: Introduction: Nature and Scope of Conflict and Disputes:
401
c) Pendency of cases in India, its causes and consequences. The need for Alternative
Dispute Resolution. Mediation as a flexible, timely, cost-effective mode of
alternative dispute resolution.
403
c) Panchayats, Lok Adalats, Ombudsmen, Police Authorities, Bureaucrats,
Grievance Cells, Conciliation Officers
Recommended Reading:
Books:
1. R.S. Bachavat : Law of Arbitration & Conciliation Act, Vol – I & II; LexisNexis
Butter Worth, 5th Edition (2013)
2. Sriram Panchu ,Mediation Practice & Law: The
Path to Successful
DisputeResolution, LexisNexis ( 2015)
3. Mediation and Conciliation Project Committee, Supreme Court of India,
Mediation Training Manual of India,(available at.https://main.sci.gov.in/pdf)
4. Roger Fisher, William Ury and Bruce Patton,Getting to Yes: How to Negotiate
Agreement Without Giving In, RHUK (2011)
5. Anuroop Omkar and Kritika Krishnamurthy ,The Art of Negotiation and
Mediation
- A Wishbone, Funnybone and a Backbone, Lexis Nexis (2015)
6. Rahul Banerjee and Amita Chatterjee, Indian Philosophy and Meditation:
Perspectives on Consciousness (Routledge Studies in Asian Religion and
Philosophy) Routledge (2015)
7. Joel Lee and The HweeHwee ,An Asian Perspective on Mediation Singapore.
Academy ( 2009) (available at. http://www.review.upeace.org/pdf )
8. Christopher Moore,The Mediation Process: Practical Strategies for Resolving
Conflict, Wiley, (2014)
9. Ramin Jahanbegloo, Introduction to Non-Violence, Red Globe Press (2014)
Reports:
1. 222nd Report of the Law Commission of India on “Need For Justice-
Dispensation Through ADR, etc.” (2009).
2. 246th Report of the Law Commission of India on Amendments To The
Arbitration And Conciliation Act 1996 (2014)
Key Cases:
Further Reading:
Books:
Journal/ Article:
Learning Outcomes:
405
At the end of the semester, the students will be:
Competent to practice Mediator skills and undertake legal research and promote legal
reforms in theory and practice.
1. Gain skill and competency to decide and resolve ethical hitches in Conciliation
and Mediation as settlement mechanism.
2. To analyze and apply the substantive techniques of mediation and conciliation
3. Choose right techniques and effective communication, gain success by bringing
about consensus and draw up settlement agreement.
4. Practical trained via internship and training as observers at court-annexed
mediation centers, at private mediation centres, with sitting/former Judges of
Supreme Court and/or High Courts, and/or by senior and/or experienced
Advocates (duly approved by Bar Council of India)
INTERPRETATION OF STATUTES
Objectives of the Course
Interpretation as a branch of legal science emerges out of the necessity triggered by the
element of fallibility of human communications. It is part of laws of nature. The increase
in the creation of human legislations further validates the role of interpretation as a
consistent source of legislation. The primary aim of all interpretation is to provide
clarity to the existing legislations. Judiciary as the custodian of statutes interprets the
legislation. Thus, the students of law on a need based approach will be trained to learn
the implications of the schools of textualism and purposivism in the context of statutory
construction as a tool of social change.
COURSE OUTLINE
407
International Law-Interface between Custom and Treaty-International Treaty
based Legal Framework-Supremacy of the UN Charter Obligations;
(b) Law of Treaties and Vienna Convention on the Law of Treaties (VCLT)-Concept
of
Treaty of Treaties-Articles 31, 32 and 33 of VCLT-Principles of Treaty
Interpretation- Relevant works of International Law Commission and Judicial
Decisions of
International Court of Justice on Treaty Interpretation.
Statutory Materials
Recommended Readings:
Books
Further Readings:
Books
6. P.M. Bakshi (1993), Legal Interpretation: Ancient and Modern, The Indian Law
Institute: India.
7. V.C.R.A.C. Crabbe (1993), Legislative Drafting, Cavendish Publishing: United
Kingdom.
8. V.C.R.A.C. Crabbe (1994), Understanding Statutes, Cavendish Publishing:
United Kingdom.
9. N.S.Bindra (2002), The General Clauses Act: Central and States, Lexis
NexisButterworths: India.
10. Aharon Barak (2005), Purposive Interpretation in Law, Princeton University
Press: United States of America.
11. Ulf Linderfalk (2007), On the Interpretation of Treaties, Springer Publications:
The Netherlands.
12. Luc J. Wintgens (Editor) (2007), Legislation in Context: Essays in
Legisprudence, Ashgate Publishing Limited: United Kingdom.
13. James Holland and Julian Webb (2010), Learning Legal Rules, Oxford
University Press: United Kingdom.
14. Justice G.P. Singh (2016), Principles of Statutory Interpretation, Lexis Nexis:
India.
15. Oliver Dorr and Kirsten Schmalenbech (Editors) (2012), Vienna Convention on
the Law of Treaties: A Commentary, Springer Publications: Heidelberg.
Journals
1. Roscoe Pound (1907), Spurious Interpretation, Columbia Law Review, Vol. No.
7, Issue No.6, Pp. 379-386.
2. Frederick J. DeSloovere (1936), Contextual Interpretation of Statutes, Fordham
Law Review, Vol. No.5, Pp. 219-239.
3. R.C. Beuthin (1965), General Principles of Interpretation of Statutes, Annual
Survey of South African Law, Pp. 489-501.
4. Justice Vinelott (1982), Interpretation of Fiscal Statutes, Statute Law Review,
Vol. No. 2, Pp. 78-86.
5. Jack Stark (1994), Should the Main Goal of Statutory Drafting Be Accuracy or
Clarity, Statute Law Review, Vol. No. 15, Issue No,3, Pp. 207-213.
6. Stefan Vogenauer (1997), What is the Proper Role of Legislative Intention in
Judicial Interpretation, Statute Law Review, Vol. No. 18, Issue No.3, Pp. 235-
243.
409
7. Michael P. Healy (1999), Legislative Intent and Statutory Interpretation in
England and the United States: An Assessment of the Impact of Pepper v. Hart,
Stanford Journal of International Law, Vol. No. 35, Pp. 231-254.
8. Nirmal Kanti Chakrabarti (2012), Legislative Drafting and Law Reform: The
Role of Indian Judiciary, International Journal of Legislative Drafting and Law
Reform, Vol. No.1, Issue No.2, Pp.207-218.
9. Elizabeth M. Bakibinga (2015), A Global Perspective of Standardising Statutory
Writing: Lessons from the Developing World, International Journal of Legislative
Drafting and Law Reform, Vol. No. 4, Issue No.1, Pp. 60-90.
10. Khagesh Gautam (2019), The Use of International Law in Constitutional
Interpretation in the Supreme Court of India, Stanford Journal of International
Law, Vol. No. 55, Issue No.1, Pp. 27-68.
COURSE OUTLINE
(a) Origin and Development – International Trade and Customary Law – Concept
and Scope of International Economic Law – Significance of International
Economic Law – Unification of International Trade Law
(b) Theories of International Trade - Economic Fundamentals – New International
Economic Order (NIEO) – Economic Sovereignty
(c) UN Conventions – Charter of Economic Rights and Duties of States – North-
South Dialogue and East-West Dialogue – Global Economic Forums.
(a) Regional Trade Agreements (RTA) and Free Trade Area (FTA)
(b) Regional Arrangements under the United Nations – Multilateralism – European
Union (EU) – South Asian Association for Regional Cooperation (SAARC) –
Association for South Eastern Asian Nations (ASEAN)
(c) Organisation for Petroleum Exporting Countries (OPEC) – North American Free
Trade Agreement (NAFTA) – South Asian Free Trade Agreement (SAFTA)
1. Indira Carr & Peter Stone, “International Trade Law”, 2017, 6th Edition, Routledge
Publishers.
2. Ralph Folsom, “Principles of International Trade Law”, 2017, 2nd Edition, West
Academic Publishing.
3. Peter Van Den Bossche and Warner Zdouc, “The Law and Policy of the WTO: Texts,
Cases and Materials, 2017, 4th Edition, Cambridge University Press
4. Oumar Arabov and Lea Recasens, “International Trade Law: Lecture Notes”, 2019.
5. Simon Lester and Bryan Mercurio, “World Trade Law: Text, Materials and
Commentary”, 2018, 3rd Edition, Hart Publishing.
6. Autar Krishen Koul, “Guide to the WTO and GATT”, 2018, Springer
Further Readings
Recommended Journals:
Learning Outcomes:
By the end of this course, the students have advanced knowledge in the field of
International Economic Law and must be able –
1. To analyse the various functional and theoretical bases for organizing economic
relations at the international level;
2. To evolve the context in which the processes of and actors within international
economic law operate;
3. To apply the rules and principles to solve problems presented in class and
hypotheticals or cases decided by international dispute settlement bodies;
4. To appreciate the relationship between WTO law and bilateral and regional trade
agreements;
5. To assess international economic law from multiple perspectives; in particular of
individuals and organisations; in the public, private and third sectors; in relatively
rich and relatively poor economic contexts; in terms of calm and crises; and on
local, national, regional and global levels.
415
b) CONSTITUTIONAL LAW AND PROPERTY LAW COMPARATIVE
CONSTITUTIONAL LAW
Objectives of the Course:
A Constitution is being the supreme Law of the Land. It derives its directives from
various aspects. Hence, it is obligatory on the part of a constituent assembly to refer the
various customs and precedents that are in existence within an side the country. Hence
an inquiry in the basic structural aspects and the differences that exist between the
various constitutional perspectives need to be studies to give an understanding of the
significance of the dictums of a constitution. For studying the subject it has following
objectives.
COURSE OUTLINE
Module 1:Introduction:
a) Principles of federalism
b) Legal features of federalism.
c) Co-operative federalism
d) Transition from competitive federalism to co-operative federalism.
e) Distribution of legislative and financial power in a federal system.
Module 3:Judicial Review
a) Evolution and Concept of Judicial Review
b) Meaning of Judicial Review
c) Characteristics of Modern Constitutions and their impact on Judicial Review
d) Constitutional growth in India under judicial Review and its impact
e) Migration of Constitutional Ideas
a) Process of amendment
b) Types of Amendment
c) Judicial scrutiny of Amendments to the constitution.
Books suggested:
1. Dr. Durga Das Basu – Comparative Constitutional Law, Second Edition Revised
2008 Wadhwa Nagpur.
2. Dr. Durga Das Basu – Comparative Federalism, Second Edition Revised 2008,
Wadhwa Nagpur.
3. Dr. CD Jha‘s - Judicial review of Legislative Aots, Second Edition Revised 2009
Lexis Nexis, Butterworth, Wadhwa Nagpur.
4. Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company,
1989).
5. Sunil Khilnani,Vikram Raghavan, Arun Thiruvengadam, Comparative
Constitutionalism in South Asia (Oxford University Press, 2013).
417
Articles Suggested:
4) Dann, Philipp. “Federal Democracy in India and the European Union: Towards
Transcontinental Comparison of Constitutional Law.” Verfassung Und Recht in
Übersee / Law and Politics in Africa, Asia and Latin America, vol. 44, no. 2,
2011, pp. 160–176. JSTOR, www.jstor.org/stable/43239605.
419
(c) CRIMINAL LAW AND FORENSIC SCIENCE
CORRECTIONAL PROCESS
Objectives of the Course:
The object of the Criminal Justice Administration is to award penal sanctions to the
offender.The primary aim of this discipline is to reform the offender rather than inflicting
pain on them. The theories of punishment, various types of punishments, degrees of
punishments are part of this course.The effective functionaries executing the punishments
are Police and Prison Institution.The involvement of various correctional institutions
such as Probation, Parole etc also included in the course. Though the criminal justice
system mainly focusing on penal sanctions, the application of Criminology along with
Penology will bring the expected outcome of the reformation.
COURSE OUTLINE
Module I Introduction:
a. Concept of Penology – Punishments and its objective
b. Historical evolution
c. Theories of Punishments
d. Types of Punishments
e. International scenario on punishments – Death Penalty – Imprisonment –
Fines –
Transportation – Indeterminate Sentence
f. International Instruments on Death Sentence
g. Indian Perspective – Law Commissions Report - Arguments of Death
Sentence h. Judicial approach
i. International Criminal Justice System and Death Sentence – Other sentences.
Recommended Readings:
Books:
1. Ahmed Siddique, 2017, “Criminology-Problems and Perspectives”IInd Edition,
Eastern Book House, Lucknow.
2. Prof N. V. Paranjape, 2014, “Criminology and Penology with Victimology” 16th
Edition, Central Law Publications, Allahabad.
3. William Katharine.S, 2004, “Criminology”, Oxford University Press.
4. Pifferi Michele 2016, “Reinventing Punishments – A Comparative History of
Criminology & Penology in the 19th and 20th Century” Oxford University Press,
UK.
5. Zara Georgia &Farington P. David 2016, “Criminal Recidivism – Explanation,
Prediction and Prevention” Routledge Publications, New York.
Journals/Journal Articles:
Learning Outcomes:
After completing the course, the students will able to:
Objectives of the
Course:
Since 1991, when from liberalisation policy has been adopted by India, the financial
sector has evidenced much reforms, majorly allowing and encouraging foreign
investment into the country. The legal structuring on securitisation began in 1991,
leading to the enactment of the Securitisation and Reconstruction of Financial Assets &
Enforcement of Securities Interest Act, 2002. Securitisation augments the benefits
available to financial establishments, investors and on a broader spectrum to the
society’s economic progress, as a whole. It enables highly non-performing assets such as
mortgages, vehicle loans and credit card non- payments to be transformed into more
liquid financial instruments. Further, securitisation acts as a significant source of
financing various businesses ranging from commercial real estate development to
manufacturers and dealers. This area of Law plays a pivotal role in the economic
progress of the nation.
The objective of the study of this subject is to provide the Students -
i. Detailed understanding of the markets for asset-backed securities ii. Knowledge of the
Legal dimensions of the Law relating to Corporate Securitisation and allied matters.
iii. Comprehension and appreciation of the significance of how securitisation is a tool of
utility to corporates dealing with finances. iv. Significance of securitisation in relation to
rehabilitation of sick companies etc.
COURSE OUTLINE
MODULE – I: INTRODUCTION:
a. Historical development.
b. Objectives and Concept of Corporate Securitisation.
c. Legal provisions Governing the recovery of debts in India.
d. Meaning, nature and scope of securitisation.
e. Securitisation as a funding and salvaging from non-performing assets mechanism.
MODULE – II: REHABILITATION OF SICK COMPANIES:
a. Winding-up companies.
b. Modes and administrative machinery for winding-up of corporates.
c. Liquidation procedure, meeting of members (shareholders) and creditors, managing
the interests of stakeholders, managing the estate of the companies.
d. Outsourcing of responsibilities relating to winding-up to professional service
providers such as valuers and security agencies.
e. Best practices adopted in performing liquidation and administrator functions,
accountability, role of liquidators.
f. Winding-up of unregistered companies – Consequences of winding-up.
a. Cross-Border Insolvency.
b. UNCITRAL Model Law on Cross-Border insolvency.
c. UNCITRAL Legislative Guide to insolvency law.
d. World Bank principles for effective insolvency and creditor rights.
e. Asian Development Bank principles of corporate rescue and rehabilitation.
f. Winding up of companies.
RECOMMENDED READING:
1. Introduction to Securitization, by Frank J. Fabozzi, John Wiley & Sons, 2008.
2. Law & Practice Relating to Securitisation & Reconstruction of Financial Assets &
Enforcement of Security Interest, by M.R.Umarji, Taxmann, 7th Edition, 2017.
3. Securitisation & Debt Recovery Laws, by Justice A.B. Srivastava, Law Publishers
(India) Pvt. Ltd. Allahabad, 10th Edition, 2018.
4. Securitization, Vols. I & II, by Tamar Frankel, Fathom Publishing Company, 2nd
Edition, 2016.
5. Narasimham Committee II on Banking Sector Reforms -
https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/24157.pdf
JOURNALS:
1. Buchanan, Bonnie, Securitization: A Financing Vehicle for All Seasons?, Bank of
Finland Research Discussion Paper No.31/2016.
2. Slaughter and May, Model guide to securitisation Techniques, PLC Cross-border
Structured Finance and Securitisation Handbook, 2010
https://www.slaughterandmay.com/media/1429118/model_guide_to_securitisation_techn
iq ues.pdf
3. Ilham Riachi and Armin Schwienbacher, Overcollateralization in Corporate
Securitisation, Finance, Vol.36, 2015, pp.7-52.
4. Diamond Hill, Mechanics and Benefits of Securitization, 2016 -
https://www.diamond- hill.com/mechanics-benefits-securitization/
5. Suman Chakraborty, Securitization in India: A Strategic Tool for Competitiveness,
Indian Journal of Applied Research, Vol.III, Issue.III, 2013, pp.29-32.
6. Vinod Kothari and Abhirup Ghosh, Indian Securitization Market: A Primer, the
Journal of Structured Finance, Vol.23, Issue 1, 2017, pp.23-31.
7. Akhil M.P., Structured Finance and Securitization in India, SSRG International
Journal of Economics Management Studies, Vol.5, Issue.6, 2018, pp.26-31.
FURTHER READING:
8. Securitization and the Global Economy-History and Prospects for the Future, by
Buchanan, Bonnie, Palgrave Macmillan, 1st, Edition, 2016.
9. Securitization, Structured Finance and Capital Markets, by Steven L. Schwarcz, Bruce
A. Markell, Lissa L. Broome, LexisNexis, 2001.
427
10. Securitization, by David G. Glennie, E.C. De Bouter, Randall D. Luke,
Kluwer Law International, 1998.
11. The Mechanics of Securitization, by Moorad Choudhry, John Wiley & Sons
Inc., 1st Edition, 2013.
CASE LAW:
a) Mardia Chemicals Ltd. v. Union of India & Others (2004 D.R.T.C 1(SC3)
b) Collector of Customs, Madras v. Nathella Samapathu 1962 (3) SCR 786 at pp.829-
30.
c) Transcore v. Union of India & Another. AIR 2007 SC 712, MANU/SC/5319/2006
d) Ionic Metalliks v. Union of India no. 645 of 201 &. 10120 of 2014
e) Sicom Ltd. v. Padmashri Mahipatrai J. Rajiv Subramaniyan & Another Civil Appeal
No.3866/2014 S.L.P© No.25448/2012 SC2005 (64) SCL 18 (Bom)
f) Indian Bank v. Nippon Enterprises 2011 (2) CTC 474 HC Madras
g) Arun Jagnnath Gedam v. State Bank of Hyderabad (2005) BC 217 DRT Nagpur
h) Indian Oil Corporation Ltd. Nagpur v. Shikshak Sahakari Bank Ltd (2005) BC
50 DRT Nagpur
i) M. Nagarajan v. The Deputy Commercial Tax Officer & Another
MANU/TN/1292/2009
j) ICICI Bank Ltd. v. The Official Liquidator, Liquidator of Vibrant Investments and
Properties Ltd (2005) 124 Compcas 550(Mad), (2005) 1 MLJ 309
k) UTI Bank Ltd. v. The Deputy Commissioner of Central Excise & Another
MANU/TN/0188/2007, 2007(115)ECCC323
l) Baleshwar Dayal Jaiswal v. Bank of India & Others Supreme Court of India Civil
Appeal
No.5924 of 2015 (arising out of SLP (c) no.27674 of 2011)
m) Kaveri Marketing, Bangalore v. Saraswathi Co-operative Bank Ltd., Koramangala
Branch, Bangalore (2013 (1) D.R.T.C.804 (Knt.)) (HC Karnataka - Single Bench)
n) Central Distillery & Chemical Works Ltd. v. Gurbharajeet Singh AIR 1993 P&H 25
o) Union of India v. Debt Recovery Tribunal Bar Association & Ans Civil Appeal
Nos.617- 618 of 2013 SC
LEARNING OUTCOMS:
After completion of the Course, Students will be able to -
1. Gain the capacity to interpret statutory provisions, identify legal issues impacting
financial risk affecting business, for purposes of risk avoidance, to establish control
mechanisms& evaluate alternative financing options.
2. Analyse and evaluate financial markets, how securities are traded, mutual funds,
investment companies, and investor behaviour
3. Analyse relevant case law for the purpose of finding legal precedents.
4. Gauge the economic environment and the impact of governmental economic policies
on consumers and financial institutions and make investment policy recommendations.
429
(a)-INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
COURSE OUTLINE
431
Module VI: International System for the Protection of Trade Secret and Regulatory
Data
a) Trade secret and TRIPS Agreement – Regulatory Data and The TRIPS agreement
b) Regional System for the protection of Regulatory data -Protection of Regulatory
data & Pharmaceutical Regulatory data in the European Union.
Recommended Readings
Books:
1. Grosse Ruse Khan, The Protection of Intellectual Property in International Law,
University Press Oxford, United Kingdom (2016).
2. Jon O. Nelson, International Patent Treaties, Oxford, United Kingdom (2007).
3. Dennis Cohen, The International Protection of Designs, Kluwer Law
International (2000).
4. Carlos M. Correa and Abdulaawi A. Yusuf, Intellectual Property and
International Trade: The TRIPS Agreement, Wolters Kluwer Law International
(2008).
5. Prof. P. R. Trivedi WIPO, WTO, GATT, TRIPS & IPR, Indian Institute of IP
Rights, New Delhi (2017).
Journals/Articles:
Further Readings:
Books
1. India- Patent Protection for Pharmaceutical and Argricultural Chemical Products,
AB- 1997-5, WT/DS50/AB/R, 15 Dec 1997.
2. Davidson Wilson, International Patent Litigation: Developing an effective
Strategy, Global Law and Business, London (2009).
3. Frederick M Abbott, Thomas Cottier and Francis Gurry, International Intellectual
Property in an Integrated World Economy, Wolter Kluwer, Aspen Publishers,
(2007)
4. UNCTAD-ICTSD Resource Book on TRIPS Agreement and Development,
Cambridge University Press (2004)
5. Frederick M. Abbott, TRIPS and Human Rights: Preliminary Reflections, In
International Trade and Human Rights Foundation and Conceptual Issues
(F.M.Abbott, C Breining-Kaufmann & T Cottier eds.) (U. Mich. Press 2006)
6. Edith Tilton Penrose, The Economic of the International Patent System: Chapter
IX Summary and Conclusion Pp:162-169 , John Hopkins Press 1951.
7. John Perry Barlow, The Economy of Ideas: A Framework for Patents and
Copyrights in the Digital Age , Wired 2.03, March 1994.
8. Sam Ricketson, The Birth of the Berne Union, the Centenary of the Berne
Convention, Conference (Intellectual Property Law Unit, University of London
and British Literary and Artistic Copyright Association London) April 17-18
1986.
433
9. Thomas Cottier, The Agreement on Trade Related Aspects of IPR, in the World
Trade
Organization: Legal, Economic and Political Analysis, Vol I -1040-1120 at 1082-
1085 (P Macroy, A Appleton and M. Plummer eds. 2005) (Springer: New York)
10. Lawrence Lessig, Open Source Baselines: Compared to what? In Govt Policy
Toward
Open Source Software (Robert W Hahn ed., 2003), at 50
Journals/Articles
1. Revlon, Inc., and Others v. Cripps & Lee Ltd and Others [1980] FSR 85
2. NTP v. Research in Motion, 418 F.3d 1282 (Fed. Cir. 2005)
3. Canada -Patent Protection of Pharmaceutical Products, Report of the Panel,
WT/DS114/R, March 17, 2000
4. Qualtex Company v Jacobson Products Company Inc, 514 US 159 (1995)
5. K Mart v Cartier, 486 US 281 (1988)
6. Pfizer Inc v. Martin Marketing Case No. D 2002-07793 WIPO Arbitration
and Mediation Centre Administrative Panel Decision
7. Pfizer Inc v. Martin Marketing Case No. D 2003-0399 WIPO Arbitration and
Mediation Centre Administrative Panel Decision
8. Metro Goldwyn- Mayer Studios v. Grokster 545 US 913 (2005)
9. John Wiley and Sons Inc v. Prabhat Chander Kumar Jain (2010)
10. Kapil Wadhwa v. Samsung Electronics Co. Ltd (2012) 53 PTC 112 (Del)
11. Quality King distributors v. L’anza Research International 523 US 135 (1998)
12. Computer Associates International v. Altai 982 F.2d 693 (2nd Cir. 1992)
13. Monsanto v Nuziveedu (2019)
14. J E M AG Supply v Pioneer Hi -Breed 534 US 124 (2001)
15. Akzo Chemie BV and Akzo Chemie UK Ltd v. Commission of the European
Communities, Judgment of the Court (Fifth Chamber) of 24 June 1986 Case
53/85, Court of justice of European Commission
Course Outcomes:
435
(b): CONSTITUTIONAL LAW AND PROPERTY LAW
INTRODUCTION TO LAND LAWS
Objectives of the Course:
Course Outline
Statutory materials:
1. Constitution of India
2. LARR Act, 2013
3. Special Economic Zones Act, 2005
4. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006
5. Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997
References:
Books
1. Salmond on Jurisprudence, by P J Fitzgerald, Sweet & Maxwell, Universal Law
Publishing co pvt ltd, 2016
2. Right to property in India by Naveen Sharma, Deep & Deep Publications
3. Baden Powell, “The Land Systems of British India”, 1892
4. Land Reforms in India by M. L. Dantwala, 66 Int'l Lab. Rev. 419 1952,
heinonline
5. Land System in India: A Historical Review, Rekha Bandyopadhyay, Economic
and Political Weekly, Vol. 28, No. 52 (Dec. 25, 1993), pp. A149-A155 Articles:
1. Indian Law on Special Economic Zone (SEZ) by Mr. Anand Singh
https://www.conservationindia.org/resources/facts-about-the-forests-rights-act
2. Lovleen Bhullar, ‘The Indian Forest Rights Act 2006: A Critical Appraisal’,
available at http://www.lead-journal.org/content/08020.pdf
3. Sanjana, “Forest Dwellers as Deemed Homeless”, 4 J. Indian L. & Soc'y 130
2012- 2013, Heinonline
4. E. Washburn Hopkins, “Land-Tenure in Ancient India”, Political Science
Quarterly,
Vol. 13, No. 4 (Dec., 1898), pp. 669-686 available
at http://www.jstor.org/stable/2139978
5. Rekha Bandyopadhyay, “Land System in India: A Historical Review”,Economic
and Political Weekly, Vol. 28, No. 52 (Dec. 25, 1993), pp. A149-A155 available
at http://www.jstor.org/stable/4400592 Learning outcome:
1. Understand the concept of real property and the various movements of India
2. Determine the right to property under Indian constitution
3. Evaluate various land reformatory systems exists in pre-independence
4. Understand the doctrine of eminent domain and the power of acquisition of land
by the government
5. Analyze the circumstances under which land can be acquired for industrial
purposes
6. Understand the land rights of tribals.
437
(C) CRIMINAL LAW AND FORENSIC SCIENCE
CRIMINOLOGY
COURSE OUTLINE
Module 1: Introduction to Criminology
a) Definition and scope of criminology.
b) Theoretical perspectives in criminology.
c) Historical development of criminology.
d) Relationship between crime and society.
e) Emerging trends in criminology.
Recommended Reading
Books
439
2. "Criminological Theory: Context and Consequences" by J. Robert Lilly, Francis T.
Cullen, and Richard A. Ball (2018). SAGE Publications.
3. "Criminology: A Sociological Understanding" by Steve E. Barkan (2020). Pearson
Education.
4. "The Oxford Handbook of Criminology" edited by Alison Liebling and Shadd Maruna
(2017). Oxford University Press.
5. "Crime and Criminology" by Rob White (2019). Oxford University Press.
Journals/ Articles
1. Sampson, R. J., & Laub, J. H. (1993). Crime in the making: Pathways and turning points
through life. Harvard University Press.
2. Braithwaite, J. (1989). Crime, shame, and reintegration. Cambridge University Press.
3. Wilson, J. Q., & Kelling, G. L. (1982). Broken windows: The police and neighborhood
safety. The Atlantic Monthly, 249(3), 29-38.
4. Hirschi, T. (1969). Causes of delinquency. University of California Press.
5. Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of
delinquency. American Sociological Review, 22(6), 664-670.
Further Reading
Books
1. "Crime and Punishment" by Fyodor Dostoevsky (1866). Penguin Classics.
2. "The Social Reality of Crime" by Richard Quinney (1970). Little, Brown and
Company.
3. "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" by Michelle
Alexander (2010). The New Press.
4. "Punishment and Inequality in America" by Bruce Western (2006). Russell Sage
Foundation.
5. "Theories of Crime" by John Muncie and Eugene McLaughlin (2001). Sage
Publications.
6. "The Birth of the Prison" by Michel Foucault (1975). Penguin Books.
7. "Discipline and Punish: The Birth of the Prison" by Michel Foucault (1977). Vintage
Books.
8. "The Crime of Punishment" by Karl Menninger (1968). Viking Press.
9. "Just Mercy: A Story of Justice and Redemption" by Bryan Stevenson (2015). Spiegel
& Grau.
10. "The Anatomy of Violence: The Biological Roots of Crime" by Adrian Raine (2013).
Pantheon Books.
Journals/ Articles
1. Cohen, A. K. (1955). Delinquent boys: The culture of the gang. Free Press of Glencoe.
2. Gottfredson, M. R., & Hirschi, T. (1990). A general theory of crime. Stanford University
Press.
3. Cullen, F. T., & Agnew, R. (2006). Criminological theory: Past to present: Essential
readings. Oxford University Press.
4. Greenberg, D. F. (1993). Crime and capitalism: Readings from the "New Criminology".
University of Pennsylvania Press.
5. Chambliss, W. J. (1973). The saints and the roughnecks. Society, 11(1), 24-31.
6. Akers, R. L. (1998). Social learning and social structure: A general theory of crime and
deviance. Transaction Publishers.
7. Farrington, D. P., & Welsh, B. C. (2007). Saving children from a life of crime: Early risk
factors and effective interventions. Oxford University Press.
8. Kubrin, C. E., Stucky, T. D., & Krohn, M. D. (2009). Researching theories of crime and
deviance. Oxford University Press.
9. Paternoster, R., & Bachman, R. (2017). Explaining criminal conduct: A holistic
approach. Routledge.
10. Pratt, T. C. (2000). Theoretical developments in criminology. In Handbook of deviant
behavior (pp. 1-28). Springer.
441
(d): INDUSTRIAL AND COMMERCIAL LAW
INTERNATIONAL LABOUR ORGANISATION AND
LABOUR JURISPRUDENCE
Objectives of the
course:
Industrial legislation is the child of industrial jurisprudence, which in itself, is a product
of the industrial revolution in the 18th, 19th and 20th Centuries, it was a form of protest
against the inhuman labour conditions that the industrial revolution ushered in. In
India, pre- independence era industrial jurisprudence was rudimentary. Protection of
labour has always been the primary goal of industrial laws (both those enacted by the
legislature and those developed through judicial interpretation). However, well before
Indian labour jurisprudence because robust, the International labour Organisation, a
multinational labour body, led the way.
This course has been designed to:
1. Introduce students to the ILO, its formation, charter documents, composition,
membership and functioning;
2. Examine the international labour code and the role of India vis-à-vis the
international labour code;
3. Study in detail the historical development of labour jurisprudence;
4. Elucidate the long and mutually beneficial relationship between ILO and India;
5. Instruct students various concepts of labour jurisprudence, including tripartism,
and understand the role of the judiciary in this regard.
The syllabus has been prepared with these objectives and consists of 6 modules.
COURSE OUTLINE
Module I: International Labour
Organisation
(a) Constitution and Declaration of Philadelphia.
(b) Fundamental Principles.
(c) Aims and Objectives.
(e) Composition.
(f) Functions.
(g) Membership
(h) Organs of the
ILO.
(i) The International Labour Conference - The Governing Body and the International
Labour
Office - Regional Conference - Regional Advisory Committee - Industrial Committees
and
Analogous Bodies - Committee of Experts - Panels of Consultants and Special Ad-hoc
Conferences and Meetings.
Module V: Tripartism
(a) Concept and Forms.
443
(b) Areas of Operation- Preconditions.
Recommended Readings
Statutory Material:
1. The Constitution of India, 1950
2. Labour Laws (Relevant provisions-Industrial Laws, Social Security, Women and
Children, 4 Labour Codes)
3. International Labour Organisation Constitution, 1919 and ILO Conventions and
Recommendations
4. The Charter of United Nations Organisation, 1945, UNO-Treaties, Conventions
and Recommendations.
5. Universal Declaration on Human Rights, 1948. Books Prescribed:
1. N. Maheshwara Swamy, “Impact of I.L.O. Standards on Indian Labour Law”
(Asia Law House, 2007).
2. Dhyani (S .N), “International Labour Organisation”, (New Delh: National
Publishing House, 1997).
3. Prof. Ahmedullah Khan, “Commentary on International Organisation and the
Indian Response”, (Hyderabad: Asia Law House, 2005).
4. Vaidyanathan N, “I.L.O Conventions and India” (Minerva Associates: Calcutta,
1975).
5. Johnson, G.A., “The International Labour Organization” (London, 1970).
6. E.M. Rao, “Industrial Jurisprudence – A critical Commentary”, (Lexis Nexis
publication, 2015).
Journals:
Further Reading:
Reference
Books:
1. Jinender N. Kumar & Ajay Bhola, “International Labour Organisation (ILO)
(Regal Publications, 2008).
445
5. Susan Hayter, “International Comparative Trends in Collective Bargaining”, 45
IJIR 596-608 (2010).
6. Kamala Sankaran, “Fundamental Principles and Rights at work: India and the
ILO”, 46 EPW 68-74 (2011).
Course Outline
Module- I: Introduction to International Law
(a) Origin—Scope and Basis
(b) Universalization of International Law- philosophical, political, ideological,
cultural and cross- cultural approaches
(c) Historical development and Jurisprudential theories – Greek, Roman, European,
Asian, African, communist and Indian approach
(d) Validity, Normativity and Enforcement through Sanctions
(e) Codification and Progressive Development – Role of International Law
Commission and International Institutions
Module -II: Sources of International Law
(a) Source and its Genesis- Art 38 (1)(b) of the ICJ and Sources of International
Law
(b) Usage & Custom as a source; Elements of Custom; Jus Cogens and Ergaomnes
(c) Treaties as primary and persuasive source; significance of Law making treaties
and Treaty Contracts; Normative Treaties; Reservation and Revocation of
Treaties
(d) General Principles of International law (Equity in a global context)
(e) Juristic Works of Eminent Authorities
(f) Decisions of Judicial and Arbitral Tribunals (International and Municipal)
(g) Subsidiary Sources- Decisions, Resolutions and Declarations of the United
Nations and other organs; Non-treaty obligations - Good will and Reciprocity.
Module-III: Harmonizing International Law with Municipal Law and Subjects of
International Law
447
(a) Interaction between International and Municipal (domestic) law
(b) Theories of Monism, Dualism, Incorporation or Transformation, Specific
Adoption and Delegation – State Practice- UK, USA and India
(c) Subjects of International law – State- Different types of States - Essentials of
Statehood- Lifting the State veil – Individual as a Subject and object -
International organizations and Non- State actors as subjects of International law
Recommended Readings: -
Further Readings: -
Journals: -
451
15. Advisory Opinion of ICJ in Accordance with International Law of the Unilateral
Declaration of Independence in Respect of Kosovo Case, ICJ Rep. 2010
❖ Advisory Opinion of Legal Consequences of the Separation of the Chagos
Archipelago from Mauritius in 1965, ICJ Rep. 2019Italy v. India (Enrica Lexie
case) (Pending)
16. West Rand Central Gold Mining company v R [1905] 2 KB 391
17. Regina v Keyn (1876) 2 Ex D 63
18. The Paquete Habana, 175 U.S. 677 (1900).
19. Vishakha and Ors. v State of Rajasthan and Ors, AIR 1997 SC 3011.
20. The Arantzazu Mendi case (UK) 1939
21. Luther v Sagor (UK) [1921] 3KB 532
22. Case Concerning Military and Para Military Activities in and Against
Nicaragua 23. Case Concerning the Factory at Chorzow (Merits) [1928] PCIJ, Series
A, No. 17, 47.
24. Corfu Channel (U.K. v. Alb.), 1949 I.C.J. 4 (Merits Apr. 9).
25. LaGrand (Germany v. United States of America), Provisional Measures [1999]
ICJ Rep
26. Trail Smelter Case (U.S. v. Can.), 3 R.I.A.A. 1905 (Trail Smelter Arb. Trib. 1938
& 1941).
27. United States Diplomatic and Consular Staff in Tehran, Judgment, ICJ Reports
1980,Youmanscase.
28. Island of Palmas Arbitration (U.S. v. Netherlands), 2 R.I.A.A. 829, 839 (1928).
29. Anglo-Norwegian Fisheries Case (UK v. Norway), ICJ Reports 1951.
30. South China Sea Arbitration, (Philipines vs China), Case No 2013-19, Award of
12 July 2016 (PCA)
31. Factor v. Laubenheimer 290 U.S. 276 (1933)
32. Fiocconi v. Att'y Gen., 462 F.2d475
33. Ker v. liinois,119 U.S.436 (1886)
34. United States v. Alvarez-Machain, 504 U.S. 655.
35. United States v. Rauscher, 119 U.S. 407 (1886).
Learning Outcomes: -
After completion of the course Students will be able to
1. Equip with the basic structural perspectives of International law and would able
to understand its significance as a bedrock subject of international relations.
2. Trace the significance and influence of the normative principles involved in
building the edifice and substance of international law.
3. Analyze and appreciate diversity of the subject and its impact on states and their
subjects and the role and significance of International organs and able to create
and defend principled legal arguments to carry further research.
4. Acquire academic contemplation and training primarily in Public international
law blended with human rights law and IHL and their practical orientation.
LABOUR LAW-I
Labour rights are being integral to the social and economic development since the
industrial revolution. Well balanced industrial development leads to increased
productivity which in turn is a factor of national progress. Gone are the days when
despotic industry-owners treated our precious labour as a mere factor of production, no
more than a cost to minimise in the profit and loss account. As we grow to honour the
crucial contribution of labour in society, studying, analysing and understanding system
of labour laws, and exploring, with a keen and uncompromising eye, its flaws, failures,
gaps and loopholes, is the key to combating rampant inequality and ensuring that
labour has the right to live with dignity. The labour laws introduced for this course
defines socio-legal control of labour relations and the history, the present norms, the
emerging areas and possible future techniques of labour jurisprudence with reference to
the tripartite responsibility of State, Workers and Employers.
The following syllabus prepared with this perspective will comprise 5 modules.
COURSE OUTLINE
Recommended Readings:
Books:
455
1. S.N.Mishra, “ Labour and IndustrialLaw”, (Allahabad: Central Law Agency,
2019).
2. Dr. V.G.Goswami, “Labour and Industrial Laws”, (Allahabad: Central Law
Agency, 2019).
3. MadhavanPillai, “Labour and IndustrialLaws” (Allahabad: Allahabad Law
Agency, 2017).
4. S.C. Srivastava, “Industrial Relations and Labour Laws” (New Delhi: Vikas
Publishing House Pvt. Ltd., 2019).
5. Meenu Paul, Labour and Industrial Law (Allahabad law Agency 2017).
Journals/Journal Articles:
1. Suresh C. Srivastava, “Labour Welfare and the Law” 17 Journal of Indian Law
Institute 342-366 (1975)
2. Manishi Pathak, “An Overview of Contract Labour Related Laws in India” NLS
Bus. L.Rev. 20-35 (2017).
3. Zubair Ahmad Khan & Hina Varshney, “Implementation of the Labour Welfare
Provisions for Women Workers in the Unorganised Sector in India: A Critical
Analysis” 21 Aligarh Law Journal 62 (2013).
Books:
1. K.D. Srivastava's Commentaries on Workmen's Compensation Act, 1923: with
Supplement, (Lucknow: Eastern Book Co., 6th Revised ed., 1999).
2. K.D. Srivastava's Commentaries on Employees' State Insurance Act, 1948: with
Supplement, (Lucknow: Eastern Book Co., 5th Revised ed., 2001).
3. K.D. Srivastava's Employees' Provident Funds and Miscellaneous Provisions Act, 1952,
Revised by S.C.Srivastava, (Lucknow: Eastern Book Co. 8th Edition, 2001).
4. K D Srivastava’s Commentaries on Payment of Gratuity Act, 1972 with supplement,
(Lucknow: Eastern Book Co., 5th ed., 2016).
5. K.D. Srivastava's Commentaries on Factories Act, 1948: with Supplement, (Lucknow:
Eastern Book Co., 5th Revised ed., 2001).
Journals:
1. RP.Rangeela, Mrs.Girija Anil, “Welfare measures under the Factories Act: A Critical
Appraisal” International Journal of Pure and Applied Mathematics, Vol.120, No.5,
(2018) p.255.
2. S.Gokulakrishnan , Dr.D Vezhaventhan, “A Study on Maternity Benefit Scheme in
India” International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018)
p.4393.
4. K B Ravindra, “Labour Welfare and Social Security” Ushus J B Mgt 13, 1(2014),
p.77.
5. Manvendra Singh Jadon and Ankit Bhandari, “Analysis of the Maternity Benefits
Amendment Act, 2017 and its Implications on the Modern Industrial Discourse” Christ
University Law Journal, 2019 Vol. 8, No,2, p. 63.
6. Mrs. Sumitra Pujari, “A Study on Welfare Schemes of ESI” International Journal of
Engineering Technology Science and Research, Vol.5, Issue 1, (2018), p.761.
7. Dr. A. Ananda Kumar, Dr. D. Porkalai & Mr. A. Savio Arokiadass, “Effective
Utilization of Employee State Insurance (ESI) Policy at E-Publishing Sector” Global
Journal of Management and Business Research: G Interdisciplinary Vol.17, Issue 5
(2017) p.35.
9. Yashik, P. M. (2014). ”A study about the Labour welfare and Social Security
Measures in India”, International Journal of Management, 2, p.23.
1. United India Insurance Co. Ltd. v. (Smt.) Susheela, 2004 (101) FLR 393 (Karn
HC)
2. Employees State Insurance Corporation v. Jaipur Enterprises, (1988) 56 FLR 207
(Raj.)
3. Employees State Insurance Corporation v. Hotel Kalpaka International, 1993 LLR
177 (SC)
4. Fenner (India) Ltd. v. Joint Regional Director, Employees State Insurance
Corporation, (2003) 2 LLJ 447 (Mad)
5. Municipal Corporation of Delhi v. Female Workers (Muster Rolls) and Another,
AIR 2000 SC 1274
457
6. Ram Bahadur Thakur (P) Ltd. v. Chief Inspector of Plantations, [1982 (2) LLJ 20]
7. Sri Rama Vilas Service Ltd. v. RPFC, 2000 I LLJ 709 (Mad)
8. Hindustan Lever Employees Union v. RPFC, 1995 (71) FLR 46 (Bom)
9. Mill Owners Association, Bombay v. Their Employees [1950 (II) LLJ 1247]
10. Standard Vacuum Refining Co. of India v. Workmen, AIR 1961 SC 895, 901
11. Mill Owners Association, Bombay v. Rashtriya Mazdoor Mill Sangh, [(1960) LLJ
1247]
12. Kothari Corporation v. Appellate Authority (Deputy Commissioner of Labour),
Karnool 1998 LLR 223
13. Management of Sri Akilandeswari Mills Ltd. v. Asst. Commissioner of Labour
(2000) I
LLJ 1411 Mad
14. Workmen of American Express International Banking Corporation v. American
Express International Banking Corporation [AIR 1986 SC 458]
15. Jayathilal Dhaniji & Co. Oil Mills v. Employees State Insurance Corporation
[(1966) 2 LLJ 542]
• Appreciate the evolution and conceptual backbones of social security laws and
recognise the pivotal role played by ILO in ensuring social security rights for
workers;
• Distinguish the rights of employees under various employment-related mishaps
and consequences and understand the scope and reach of state insurance
benefits to employees;
• Critically analyse maternity benefits available to women employees and their
adequacy/inadequacy;
• Discern the nuances of retirement benefits payable to employees; and
• Comprehend the compliances to be followed by factories and critically analyse
relevant laws.
*****
INTELLECTUAL PROPERTY RIGHTS
The course is designed with a view to create IPR consciousness; and familiarize the
learners various issues and challenges relating to IPR.
COURSE OUTLINE
459
a) Major Convention on IP-Paris Convention, Berne Convention, TRIPS
Agreement;
b) Principles of Reciprocity and Priority- Concept of Minimum Standards- Concept
of
National Treatment and Most Favoured Nation (MFN),
c) Doctrine of Exhaustion with respect to Intellectual Property Rights;
d) Intellectual property in Common Law and Civil Law (course of employment).
461
The Trade Mark Act 1999
Industrial Designs Act 2000
The Geographical Indication of Goods (Registration and Protection) Act 1999
The Protection of Plant Variety and Farmers right Act 2001
The Semiconductor Integrated Layout Design Act 2000
Recommended Readings:
Books:
1. R.S. Bhalla, The Institution of Property: Legally, Historically and
Philosophically Regarded, Eastern Book Co., (1984)
2. Dr. Mathew Thomas, Understanding Intellectual Property, Eastern Book
Company, Lucknow (2016).
3. V.K. Ahuja, Law Relating to Intellectual Property Rights ( Lexis Nexis) 2015
4. Elizabeth Verkey, Intellectual Property law and Practice (Eastern
Book Company)2015
5. Taraporevala V J, Law of Intellectual Property,(2nd Edition) Thomason
Reuters, 2013.
Case Book:
1. LTC Harms: Enforcement of IPR: A case BOOK WIPO Publication
(3rdedn)
2012 availableat
http://www.wipo.int/edocs/pubdocs/en/intproperty/791/wipo_pub_791.pd
f
Journals/Articles:
1. Jane C. Ginsburg, No Sweat? Copyright and Other Protection of Works of
Information After Feist v. Rural Telephone (1992) 92 Colum L. Rev 838.
2. Michael Abrahamowicz and John F Duffy, The Inducement Standard of
Patentability, (2011) 120 Yale Law Journal 1590.
3. Jerre B Swann, Sr., Dilution Redefined for the Year 2000 (2001) 33 IPLR
343.
4. K Lipstein, Intellectual Property Jurisdiction or Choice of Law? The
Cambridge Law Journal Vol- 61 No. 2, (July 2002) pp. 295-300.
5. Inter- Governmental Committee on Traditional Knowledge, Traditional
Cultural Expression and Genetic Resources, Available at:
https://www.wipo.int/tk/en/igc/
Further Readings:
Books:
1. Philippe Cullet, Human Rights and Intellectual Property Protection in the TRIPS
Era, 2007. HUMAN RIGHTS QUARTERLY, Vol. 29 403-430
2. Graeme Austin: Private International Law and IPR Common Law : An Over
View
(2001),https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.pdf
3. Copinger and Skomnes James on Copyright by Gillian Davies, Kevin Garnett,
and Gwilym Harbottle(15th ed. 2005) Indian Reprint 2008
4. Terrel on Patents, Sweet and Maxwell (1994)
5. Kerly’s Law on Trademarks and Trade Names, Sweet and Maxwell. Wolters
Kluwer (2015)
6. Graeme Austin: Private International Law and IPR Common Law : An Over
View,
WIPO 2001, available
athttp://webcache.googleusercontent.com/search?q=cache:jP2l70OixS4J:www
.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.doc+&cd=
1&hl =en&ct=clnk&gl=in
7. ABC of Copy Right UNESCO Publication; available
athttp://www.unesco.org/fileadmin/MULTIMEDIA/HQ/CLT/diversity/pdf/WAP
O/A BC_Copyright_en.pdf
8. Russell Clarke, Industrial Design, Sweet and Maxwell, 9th Ed., (2016).
9. Resource Book on TRIPS and Development, UNCTAD- ICTSD (2004)
10. Gopalkrishnan N S, &Agitha T G, Principles of Intellectual property. Lucknow:
Eastern Book Company (2014)
Journals
1 EIPR- European Intellectual Property Review (Westlaw)
2 IPQ- Intellectual Property Quarterly (Westlaw )
3 J. Copyright Soc’y USA – Journal of the Copyright Society of the USA
(Westlaw)
4 RPC – Report of Patent Cases (Westlaw)
5 FSR- Fleet Street Reporter (Westlaw)
6 ECDR- European Copyright and Design Reports (Westlaw)
7 PTC- Patent Trademark Cases
8 JIPR-Journal of Intellectual Property Rights (Niscair)
available at : http://nopr.niscair.res.in/handle/123456789/4693
9 The WIPO Journal available at:
https://www.wipo.int/publications/en/search.jsp?lang=EN&set4=132 10 Yale
Law Journal (Hein Online)
Cases for Guidance
1. University of London Press Ltd v. University of Tutorial Press Ltd (1916) 2 Ch.
601
2. Feist Publication Inc v. Rural Telephone Service Co. Inc, 499 US 340 (1991)
3. Eastern Book Company v. D. B. Modak (2008) 1 SCC 1
4. R. G. Anand v. Delux Films (1978) 4 SCC 118
5. Amarnath Sehgal v. Union of India (2005) 30 PTC 253
6. Indian Performing Right Society Ltd v. Eastern India Motion Picture Association
(1977)
463
7. Indian Recording Manufacturing Company v. Ilayaraja (20, Feb. 2020)
8. Delhi University Photo Copying Case – The Chancellor Masters and Scholars of
the University of Oxford v. Rameshwari Photocopy Services (2012)
9. Lallubhai Chakubhai Jarivala v. Shamaldas Sankalchand Shah AIR 1934 Bom
407
10. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979) 2 SCC
511
11. Novartis AG v Union of India (2013) 6 SCC 1
12. Bayer Corpn v. Union of India (2012)
13. Monsanto v Nuziveedu (2019)
14. Britannia Industries Ltd v. Sara Lee Bakery AIR 2000 Mad 497
15. Daimler Benz Aktiegesettschaft v. Hybo Hindustan (1994)
16. S M Dyechem Ltd., v Cadbury (India) ltd (2000)
17. Syndicate of Press of University of Cambridge v B. D. Bhandari (2005) 31 PTC
58 (Del)
18. Kapil Wadhwa v. Samsung Electronics Co. Ltd (2012) 53 PTC 112 (Del)
Learning Outcome:
1. Understand the different types of IPR and able to compare and contrast in terms
of their key difference and similarities.
2. Assess and critique some basic theoretical justification for each form of
intellectual property protection
3. Discuss the effects of intellectual property right on society as a whole.
4. Examine the relation between the Private International law and IP with respect to
online piracy of copyrighted work and counterfeit trademark products where
registration is not mandatory.
5. Compare and contrast the laws in other countries like US and EU mainly UK and
also from the Human Rights perspective.
(a) : INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
INTERNATIONAL HUMAN RIGHTS LAW
Objectives of the Course
The objective of the course is to introduce the human rights and facilitate the
students to understand the working of international Human Rights Law. The
international human rights institutions and laws are provided to understand the global
discourse on human rights. The dynamics of modern human rights is introduced to
student through two specific modules focussing on selected themes. Indian practice is
studied through the contribution of all the organs of the state. All the major regional
human rights mechanisms are introduced. The students shall understand the making of
regional human rights mechanisms and work of NGOs. The students is expected to
acquire following competencies after the course,
1. The students will understand the role and limitations of international law with
historical and institutional background.
2. The students will be able appreciate the application of human rights to complex
social, political and economic situations. 3. They will be in a position to apply
human rights to real life situations to court crafts.
COURSE OUTLINE
B. Human Rights and Duties – the idea of duty in the ancient and modern era – duty
of individuals to fellow human beings – Gandhian Ideas and human rights
instruments on duties
C. Sources of International Human Rights Law: Treaties, Customs and soft law
instruments- role of international courts and tribunals – recognition of
international human rights law by municipal systems
465
B. Right of Self–Determination of People – Prohibition of Genocide – Prohibition
of Torture – Prohibition of Racial Discrimination – Prohibition of Slavery –
Prohibition of Human Traffic and modern forms of slavery
Recommended Readings:
Suggested Books
1. Rhona Smith – International Human Rights Law (Oxford, 2017)
2. M.K.Sinha – Implementation of Basic Human Rights (Lexis Nexis)
3. Michael Haas - International Human rights Law (Routledge, 2014)
Further Readings
• Amanda Alexander, “A Short History of International Humanitarian
Law” The
European Journal of International Law Vol. 26 no. 1 (2015)
• Aswini K. Ray, Human Right Movement in India: A Historical
Perspective, Economic and Political Weekly, Vol. 38, No. 32 (Aug. 9-
15, 2003), pp. 3409-3415
• Chetail, Vincent, Are Refugee Rights Human Rights? An Unorthodox
Questioning of the Relations between Refugee Law and Human
Rights Law (September 17, 2012). Human Rights and Immigration,
Collected Courses of the Academy of European
467
Law, pp. 19-72, R. Rubio-Marin, ed., Oxford: Oxford University Press, 2014.;
Criminal Justice, Borders and Citizenship Research Paper No. 2147763.
Available at SSRN: https://ssrn.com/abstract=2147763
• Guy S Goodwin-Gill “The Dynamic of International Refugee Law”
International
Journal of Refugee Law Vol. 25 no. 4 pp. 651–666 (2014)
• Kay Hailbronner, “Nationality in public international law and
european law” in
“Acquisition and Loss of Nationality Volume 1: Comparative Analyse” Rainer
Bauböck(eds) Amsterdam University Press. (2006)
• Kjersti Skarstad, “Human rights through the lens of disability”
Netherland Quarterly of Human Rights” Vol. 36(1) 24 (2018)
Indian Cases
NALSA v. Union of India
Madhav Hayawadanrao Hoskot Vs. State Of Maharashtra (1979 SCR (1) 192)
People’s Union For Democratic Rights Vs. Union Of India & Others AIR 1982 SC
1473
Nilabati Behera Vs. State of Orissa 1993 SCR (2) 581
Chairman, Railway Board and others Vs. Mrs.Chandrima AIR 2000 SC 988
Maneka Gandhi Vs. Union of India (1978) 1 SCC 248
Regional Courts
Foreign Courts
469
• Jam et al v International Finance Corp (586 U.S.2019)
• R (on the application of Edward Bridges) v The Chief Constable of South Wales
[2019] EWHC 2341
• Gillick vs West Norfolk and Wisbech Area Health Authority,
https://www.lawteacher.net/cases/gillick-v-west-norfolk.php
Learning Outcome
After undergoing this course,
1. Students will know the basics of international human rights law and its application
at the municipal level
2. They will be in a position to understand the opportunities and limitations in the
human discourse.
3. They will be in a position to apply the national and international human rights law to
all human rights situations.
(b): CONSTITUTIONAL LAW & PROPERTY LAW
1. The study helps understand the origin, evolution and the growth of human
rights
2. It increases awareness of Human Right issues.
3. It helps to realize the importance of International Conventions and their
application into the constitutional scheme.
4. It enables to understand the role of judiciary in the development of Human
Rights Jurisprudence
COURSE OUTLINE
Module I: Historical Development of Human Rights in India
a. Origin and Development of Human Rights : History of human rights
civilization, Magna Carta, Bill of Rights, French and American
Declarations, International Bill of Rights, Contribution of UN, Universal
Declaration of Human Rights, 1948.
b. Nature, Definition and theoretical perspectives of Human Rights.
c. Constitutionalism and Realization of Human Rights in India.
d. Classification of Human Rights.
e. Classification of Fundamental Rights.
RECOMMDED READINGS:
1. Upendra Baxi, The Future of Human Rights, (Oxford University Press, New
Delhi, 2012)
2. Dr.D.D.Basu, Human Rights in Constitutional Law, 3rd Edition, {Lexis Nexis
Butterworths Wadhawa, New Delhi, 2008.)
3. Daniel Moeckli, Sangeeta Shah, & Sandesh Sivakumaran (ed.), International
Human Rights Laws, (3rd Edition, Oxford University Press, 2014)
4. Paras Diwan and Peeyushi Diwan, Human Rights and the Law, (Deep and
Deep Publication, New Delhi, 1998)
5. Justice D M Dharmadhikari, Human Values & Human Rights, 2 nd Edition,
Universal Law Publications Company, New Delhi, 2016.
Articles from Journals:
4. M.P.Singh, “The Statics and Dynamics of the Fundamental Rights and Directive
Principles – A Human Rights Perspective”, (2003) 5 SCC J -1
Further Readings:
1. Baxi, Upendra, Inhuman Wrongs and Human Rights ( Har Anand
Publications,Delhi, 1994)
2. V.R. Krishna Iyer, Dialectics and Dynamics of Human Rights in India (1999)
3. AV Dicey, Law of the Constitution, (Mac Millan &Co. Ltd. London, 1994)
4. Human Rights and Duties in India : Law, Policy, Society and Enforcement
Mechanism, Dr. T. S. N. Sastry, Professor and Coordinator, HRE Programme,
University of Pune
8. VenkatIyer (ed), Democracy, Human Rights And The Rule Of Law, (Essays
in the Honour of Nani Palkhivala, Butterworths, New Delhi, 2000)
LEARNING OUTCOME:
1. The study will promote a good understanding of the provisions under the
Constitution of India dealing with human rights.
2. The study will help the students to realize liberty, equality and fraternity- a
union of trinity by ensuring that these values are applicable not only in the Public
domain but also to the private sphere.
CYBER CRIME
Objectives of the Course:
Cyber world has come to occupy an important place in the history of mankind. As
science advances, the knowledge also expands. It is undeniable fact that cyber world
has thrown new vista but regretfully it has to be noted that it has also being misused
and spreading undesirable information. It has become necessary to find out ways
and means to curb this menace of spreading evil knowledge. The potential of the
technology to be beneficial as well as detrimental to the society has cast obligation
on the people to be aware of the two sides of the technology. It is still in a nascent
stage and continuously evolving every passing day.
After undergoing the study the student will be able to understand the following:
COURSE OUTLINE
Module I: Concept of Cyberspace and Cyber crimes
a) Definition and scope of Information Technology- Meaning and definition
of
Cyberspace- Cyberspace as an Internet Metaphor
b) Convention on Cybercrime - UN & International Telecommunication
Union (ITU) Initiatives- Council of Europe - Budapest Convention on
Cybercrime- Asia-Pacific
Economic Cooperation (APEC)- Organization for Economic Co-operation
and
Development (OECD)
c) Origin and Development of Cyber crimes – Definition, Nature and Extent
of Cyber
Crimes in India
d) cyber crimes under Indian Penal Code; Criminal Procedure Code; the
Evidence Act and Information Technology
e) A Trends in Cyber Crimes across the world.
475
a) Types of Cyber Criminals – Modus Operandi of Cyber Criminals – Causes
of Cyber
Crimes
b) Profiling of Cyber Criminals
c) Tools and Techniques adopted by Cyber Criminals
d) Psychological theories relating to cyber criminals– Sociological and
Criminological Perspectives
e) Criminological Theories and Cyber Crime – Routine Activity Theory, Social
Learning Theory, Differential Association Theory, Differential Opportunity
Theory, Media and Crime and latest theories and other related theories.
Journals/ Article
1. Diffusion and effects of cyber-crime in developing economies, Kshetri N,
Third World Quarterly (2010) 31(7) 1057-1079
2. Online "Predators" and Their Victims: Myths, Realities, and Implications for
Prevention and Treatment, Wolak JFinkelhor DMitchell KYbarra M,
American Psychologist (2008) 63(2) 111-128
3. The Perception Analysis of Cyber Crimes in View of Computer Science
Students, Solak DTopaloglu M, Procedia - Social and Behavioral Sciences
(2015) 182 590-595
4. Hate crimes in cyberspace, Choice Reviews Online (2015) 52(07) 52-3918-
52-3918
5. Exploring and analyzing Internet crimes and their behaviours, Arora B,
Perspectives in Science (2016) 8 540-542
FURTHER READING
Books
477
1. Cyber-Physical Attacks: A Growing Invisible Threat,Loukas G, Elsevier,
(2015)
2. The psychology of cyber crime: concepts and principles, Kirwan GPower A
Information Science Reference, (2012)
3. Security and the networked society, Ao MOwens R, Springer International
Publishing, (2013
4. Cyberspace and Cybersecurity, Trachtman JTrachtman J, Cambridge
University Press, (2013), 85-117, Book Chapter
5. Virtually criminal: Crime, deviance and regulation online, Williams M,
Routledge Taylor & Francis Group, (2006)
6. Corporate hacking and technology-driven crime: Social dynamics and
implications, Holt TSchell B, IGI Global, (2010)
7. Crime, justice and social media, Salter M, Taylor and Francis, (2016)
8. Cybersecurity Law, Kosseff J, Wiley, (2019)
9. Cyber warfare: A multidisciplinary analysis, Green J, Taylor and Francis Inc.,
(2015)
10. International internet law, Kulesza J, Taylor and Francis, (2012)
Journal / Article
1. Internet development, censorship, and cyber crimes in China, Liang BLu H,
Journal of Contemporary Criminal Justice (2010) 26(1) 103-120
2. Pattern of global cyber war and crime: A conceptual framework, Kshetri N,
Journal of International Management (2005) 11(4) 541-562
3. The challenge of measuring cyber-dependent crimes, Furnell SEmm
DPapadaki M, Computer Fraud and Security (2015) 2015(10) 5-12
4. Cyber terrorism challenges: The need for a global response to a multi-
jurisdictional crime, Tehrani PAbdul Manap NTaji H, Computer Law and
Security Review (2013) 29(3) 207-215
5. Impact of Cyber Crime: Issues and Challenges, Das SNayak T, International
Journal of Engineering Sciences & Emerging Technologies (2013) 6(2) 142-
153
6. Cyber Staking : Crime and Challenge at the Cyberspace, Thapa AKumar R,
International Journal of Computing and Business Research (2011) 2(1)
7. Fear of cyber crime among college students in the United States: An
exploratory study, Yu S, International Journal of Cyber Criminology (2014)
8(1) 36-46
8. Growing cyber crimes in India: A survey, Kumar P,Proceedings of 2016
International Conference on Data Mining and Advanced Computing,
SAPIENCE 2016 (2016) 246- 251
9. Effects of cyber security knowledge on attack detection, Ben-Asher
NGonzalez C, Computers in Human Behavior (2015) 48 51-61
10. Cyber security challenges in smart cities: Safety, security and privacy,
Elmaghraby ALosavio M, Journal of Advanced Research (2014) 5(4) 491-
497
Learning Outcomes
479
1. To analyze the ways in which information and communication technology is
used to commit cyber organized crime
2. To spread awareness among the general public about the cyber law.
3. To demonstrate knowledge of the incidence, prevalence, distribution, and
impacts of computer crime
4. To demonstrate knowledge of the investigation, prosecution, and sentencing
of computer crimes
5. To examine the current trends in computer crime and future of computer
crime.
(d): INDUSTRIAL AND COMMERCIAL LAW
INSURANCE LAW
MODULE – I: INTRODUCTION:
a. Concept of Insurance.
b. Nature and Scope of Insurance.
c. Significance and utility of Insurance.
d. Formation of Insurance Contract.
e. Classification of Insurance.
f. Insurance as an
• Aleatory Contract;
• Uberrima Fides;
• Indemnity Contract;
• Wager;
• Adhesion.
MODULE – II: GENERAL PRINCIPLES OF INSURANCE:
a. Insurable Interest.
b. Premium.
481
c. Risk.
d. Assignment of Insurance policies
e. Warranties.
f. Representations and Disclosures.
g. Ombudsman.
h. Double Insurance and Reinsurance.
i. The Insurance Act, 1938.
j. Insurance Regulatory and Development Authority Act, 1999.
JOURNALS:
1. Rappaport, John, How Private Insurers Regulate Public Policy (February 15, 2016).
Harvard law Review, Vol.130, pp.1539-1614.
2. Feinman, Jay M., Contract and Claim in Insurance Law (2018), Connecticut
Insurance Law Journal, Vol.25, No.1, 2018.
3. Dr. Pramod Deo, IRDA: Regulator of Insurance Sector in India, Indian Journal of
Research, Volume:5, Issue:6, June 2016, pp.189-192.
4. Hay Bruce L, A No-Fault Approach to the Duty to Settle (October 1, 2015).
Rutgers Law Review, Vol.68, No.3, 2016.
5. P.C. James, Leveraging Distribution For Mainstreaming Insurance, IRDAI Journal,
Volume XIV, No.2, 2016, pp.11-15.
FURTHER READING:
6. Good Faith and Insurance Contracts, by Peter MacDonald Eggers (lloyd’s
Insurance Law Library), Informa Law from Routledge, 4th Edition, 2018.
7. Insurance Law & Policy: Cases Materials & Problems, by Tom Baker, Aspen
Publishers, 3rd Edition, 2013.
8. Principles of Insurance Law, by Emeric Fischer, LexisNexis, revised 3rd Edition,
2001.
9. The Law of Liability Insurance, by Malcolm A. Clarke, Inrorma law from
Routledge, 2nd Edition, 2017.
10. Insurance Contract law between Business Law and Consumer Protection, by
Helmut Heiss, Dike Publishers, 2012.
11. Kannan,N., A Study on the Growth of Indian Insurance Sector (2010). International
Journal of Management, Volume 1, Issue 1, May 2010, pp.17-32.
12. Prashanth, V., Necessity of Insurable Interest in Insurance Contracts (August 1,
2008).
Corporate law Cases; August 2008 Edition; Published by All India Reporter, Nagpur, India.
13. Bennett Howard, Fortuity in the Law of Marine Insurance. Lloyds Maritime and
Commercial Law Quarterly, pp.315, 2007.
LEARNING OUTCOMES:
1. Demonstrate knowledge of the legal and ethical aspects of insurance Law.
2. Discern and appreciate the importance of the impact of globalisation and diversity in
modern insurance based organisations.
3. Perceive how losses are measured and the various principles such as of indemnity,
contribution, subrogation, reinstatement etc that are applied in accessing insurance claims.
4. Develop the ability of critical thinking and an analytical approach to the application of
knowledge and skills to select viable solutions in resolving issues that may arise in
execution of insurance contracts.
485
(a) : INTERNATIONAL LAW AND INTELLECTUAL
PROPERTY RIGHTS
The legal regimes that govern the relationship between intellectual property,
traditional knowledge and bio diversity remain sources of significant tension in
international intellectual property law making. A number of difficulties arise in
efforts to reconcile legal and policy norms at the intersection of the three regimes.
Such difficulties generally stem from perceived short comings of the globally
recognized forms of intellectual property rights to accommodate traditional
knowledge and biodiversity in providing sufficient protection.
The objective of the course is to study how at the international and national level
address the Issue of TK and Genetic Resources
COURSE OUTLINE
Journals/Articles:
1. Navigating Traditional Knowledge And IP – The Adventure of the Yakuanoi,
Available at : https://www.wipo.int/tk/en/tk/yakuanoi.html
2. Inter- Governmental Committee on Traditional Knowledge, Traditional
Cultural Expression and Genetic Resources, Available at:
https://www.wipo.int/tk/en/igc/
3. Lorie Graham and Stephen Mc John, Indigenous Peoples and Intellectual
Property, 19
Wash. U.L.J.L &Pol’y (2005) Pp: 313-338.
4. Bastida-Munoz, MindahiCrescencio& Geraldine A. Patrick, Traditional
Knowledge and Intellectual Property Rights- Beyond TRIPS Agreements and
Intellectual
Property Chapter of FTA’s., Journal of International Law Vol 14, No. 2, 2006
(259- 290).
5. Sudhir Krishnaswamy, Intellectual Property and India Development Policy,
Indian J L and Tech., (2015), Pg. 169.
Further
Readings
Books
1. WIPO Reading Material on Intellectual Property, WIPO, Geneva
2. FAO, The State of World’s Plant Genetic Resources for Food and
Agriculture
3. Convention on Biological Diversity, 1992 and International Treaty on Plant
Genetic Resources for food and Agriculture, 2002
4. UNESCO/WIPO Model Provisions for Protection of Folklore/ Cultural
Expressions.
5. Documents of Inter Governmental Committee, WIPO on TK & TCE
protection, WIPO. Geneva.
6. Daniel F. Robinson Confronting Biopiracy: Challenges, Cases and
International Debates, Earthscan, (2010)
6. Jonathan Curci, Protection of Biodiversity and Traditional Knowledge in the
International Law of Intellectual Property, Cambridge University Press,
(2010)
7. Dutfield and Posey, Beyond Intellectual Property: Toward Traditional
Resource Right for Indigenous Peoples and Local Communities, IDRC,
(1996)
8. Geoff Tansey and TasmineRojotte (Eds.), The Future Control of Food: A
Guide to
489
International Negotiations and Rules on Intellectual Property, Earth Scan,
London (2008)
9. Gerald Moore and Witold Timousky, Explanatory Guide to the International
Treaty on Plant Genetic Resources for Food and Agriculture, IUCN, Gland,
Switzerland and Cambridge, (2005)
10. Graham Dutfield, Intellectual Property Rights, Trade and Biodiversity,
Earthscan
Publications Ltd, London (2000)
Journals
1. Rebecca Tsosie, An Essay on Cultural Appropriation and Cultural Rights,
Arizona State Law Journal Vol -34, No. 1, (2002), pp. 259-358
2. Charles R Mc Manis, Intellectual Property, Genetic Resources and
Traditional
Knowledge Protection Thinking Globally, Acting Locally (2003), Cardozo
Journal of International Comparative Law 547.
3. L. Margulies, Protecting Biodiversity Recognizing International Intellectual
Property
Rights in Plant Genetic Resources (1993) Michigan Journal of International
Law (322-356).
4. Marcus Goffe, Recent Developments in the WIPO Intergovernmental
Committee on
Intellectual Property and Genetic Resources, Traditional knowledge and
Folklore, (2011) 1 Queen Mary J. Intell. Prop. Pp. 90-98.
5. Dennis S. Karjala, Sustainability and Intellectual Property Rights in
Traditional Knowledge, (2012) 53 Jurimetrics 57.
6. Susan Scafidi, Intellectual Property and Cultural Products (2001) Boston
University Law Review Vol. 81, pp. 793-842.
Learning Outcomes:
• Understand the nature, scope and ownership issue of traditional knowledge,
traditional cultural expression and genetic resources
• Examine the protection of traditional knowledge and genetic resources at the
International and National level.
• Study the impact of Cultural Property on the intangible cultural heritage of
the country.
(b): CONSTITUTIONAL LAW AND PROPERTY LAW
Land rights are an integral part of Land Laws, as they socially enforce groups of
individuals’ rights to own land in concurrence with the land laws of a nation. Land
Law addresses the legal mandates set forth by a country in regards to land
ownership, while land rights refer to the social acceptance of land ownership. The
knowledge about the land laws of Tamil Nadu helps to understand the local laws of
the State. This subject is very much helpful for civil side practice.
COURSE OUTLINE
Definitions: family, ceiling area, stridhana land- fixation of ceiling on land holdings
– ceiling on future acquisition and restrictions on certain transfer – constitution and
functions of the land board – permission by government to hold excess land –
cultivating tenant’s ceiling area – exemptions – land tribunal – appeal – revision.
491
b. Definitions: proprietor – survey mark – survey of government lands – powers
of survey officer- appeal – revision – survey of estates – duties of village
officer.
c. Definitions – issue of Patta Pass Book – making of entries of registration of
alienation or transfer in Patta pass book – prima facie evidence –
modification of entries in patta pass book – appeal – revision.
Module – V: Prohibition of Land Encroachment:
a. Definitions – land encroachment – liability for encroachment – recovery of
penalty – power to make rules – limitation for appeal and revision.
b. Definitions: Ayacut Area, Field Channel, Foreshore Area, Supply Channel,
Surplus Course, Surplus Weir, Tank – power to direct survey of tanks –
power of survey officer -eviction of encroachment – alienation of poramboke
lands.
Note: All the legislations includes the time to time amendments and rules
Statutory Materials:
Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948
1. The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act,
1963
2. TN Land Reforms Fixation of Ceiling on Land Act, 1961 [including
amendments]
3. The TN Apartment Ownership Act, 1994
4. Tamil Nadu Town and Country Planning Act, 1971
5. Tamil Nadu Survey and boundaries Act, 1923
6. Tamil Nadu Patta Pass Book Act, 1986
7. Tamil Nadu Land Encroachment Act, 1905
8. Tamil Nadu protection of Tanks and Eviction of Encroachments Act, 2007
9. Tamil Nadu District Municipalities Act, 1920
Learning Outcome:
After undergoing the study the student will be able to understand the following:
COURSE OUTLINE
493
Serologist to the Government of India- Mobile Laboratories- CID Scientific
Sections- Computer Divisions
e) Medico- Legal Institutes- Consultancies- National Crime Record Bureau-
Central Forensic Science Laboratory- State Forensic Science Laboratories,
Police & Detective Training Schools, Police Academies- Police dogs-
Services of Crime Laboratories.
Recommended Readings:
Books:
1. A Textbook of Medical Jurisprudence and Toxicology, Modi 26th Edition
2018, Lexis Nexis
2. Forensic Science in Criminal Investigation and Trials, B R Sharma 6th
Edition 2020, Lexis Nexis
3. Techniques of Crime Scene Investigation, Barry A. J. Fisher, David R. Fisher,
8th Edition,The CRC Press, Available on Taylor & Francis eBooks
4. Crime Scene Forensics, A Scientific Method Approach, Robert C Shaler, 1st
Edition, The CRC Press, Available on Taylor & Francis eBooks.
5. Principles and Practice of Criminalistics, The Profession of Forensic Science,
Keith Inman, Norah Rudin, 1st Edition, The CRC Press, Available on Taylor
& Francis eBooks.
Journals/ Journal Articles:
1. Lindquist, C. (1991). Forensic Science Education and the Role of the
Forensic Science Educator. Proceedings of the Taipei Symposium on
Forensic Sciences (Vol. Liu and Chen (edn.), pp. 79-85)
2. Lindquist (1994). Criminalistics in the Curriculum: Some Views From the
Forensic Science Community. Journal of Criminal justice Education (Vol. 5,
pp. 59-68)
3. Lindquist (1995). Criminalistics Education and the Role of the Criminalistics
Educator. Forensic Science Review (Vol. 7, pp. 61-75)
4. Margot P., (2011). Forensic Science on Trial-What Is the Law of the Land?
Australia
J. Forensic sci. (Vol. 43, pp. 89, 92)
5. Tilstone, W. (1991). Education, Training, and Assessment in Forensic
Science. Journal of the Forensic Science Society (Vol.31, pp. 95-100)
Further Readings:
Books:
495
1. J. M. Butler, Forensic DNA Typing: Biology, Technology, and Genetics of
STR Markers(London: Academic Press, 2005).
2. M. H. Houck and J. A. Siegel, Fundamentals of Forensic Science (Boston:
Academic Press, 2006).
3. Cook, T., Hibbitt, S. & Hill, M. Blackstone’s crime investigators' handbook.
(Oxford University Press, 2016).
4. W. Goodwin, A. Linacre, and S. Hadi, An Introduction to Forensic Genetics
(Chichester: Wiley, 2007).
5. Bell, J. Swenson-Wright, and K. Tybjerg (eds.), Evidence (Cambridge:
Cambridge University Press, 2008).
6. R. Williams and P. Johnson, Genetic Policing: The Use of DNA in Criminal
Investigations (Cullompton: Willan, 2008).
7. National Research Council, Strengthening Forensic Science in the United
States: A Path Forward (Washington, DC: National Academies Press, 2009).
8. Criminalistics, Introduction to Forensic Science , Richard Saferstein, Prentice
Hall College Div; 8 Edition
9. Forensic Science Education and Training: A Tool‐kit for Lecturers and
Practitioner Trainers, Editor(s): Anna Williams John P. Cassella Peter D.
Maskell, 2017 John Wiley & Sons, Ltd.
10. Forensic Science: Fundamentals & Investigations Hardcover , Patricia
Bertino, Cengage Learning Custom Publishing; 2nd Edition , 2015
Journal/ Journal Articles:
1. Giannelli, P. (1997). The Abuse of Scientific Evidence in Criminal Cases: The
Need for Independent Crime Laboratories. Virginia Journal of Social Policy
and the Law (vol. 4, pp. 439-478)
2. Grover, N.(2014). Development of Forensic Science and Criminal
Prosecution – India. International Journal of Scientific and Research
Publications (Vol. 4, Issue 12).
3. Julian R. and Kelty S. (2012). Forensic Science and Justice: From Crime
Scene to Court and Beyond. Current issues in Criminal Justice (Vol. 24 No.
1, July)
4. Klinker M. (2009). Forensic science expertise for international criminal
proceedings:
an old problem, a new context and a pragmatic resolution. The International
Journal of Evidence & Proof (Vol.13, Pg.102-129).
5. Lappas, N. (1978). Forensic Science Laboratories in the United States: A
Survey. Journal of Forensic Science Society (Vol. 18, pp. 171-80)
6. Lambert E., Nerbonne T., Watson P.L., Buss J., Clarke A., Hogan N., Barton
S., Lambert J. (2003). The forensic science needs of law enforcement
applicants and recruits: a survey of Michigan law enforcement agencies.
Journal of Criminal Justice Education (Vol. 14 No. 1, Spring).
7. Giannelli, P. (1997). The Abuse of Scientific Evidence in Criminal Cases:
The Need for Independent Crime Laboratories. Virginia Journal of Social
Policy and the Law (vol. 4, pp. 439-478)
8. Grover, N.(2014). Development of Forensic Science and Criminal
Prosecution – India. International Journal of Scientific and Research
Publications (Vol. 4, Issue 12).
9. Julian R. and Kelty S. (2012). Forensic Science and Justice: From Crime
Scene to Court and Beyond. Current issues in Criminal Justice (Vol. 24 No.
1, July)
10. Klinker M. (2009). Forensic science expertise for international criminal
proceedings: an old problem, a new context and a pragmatic resolution. The
International Journal of Evidence & Proof (Vol.13, Pg.102-129).
Cases for Guidance:
1. Sushil Sharma vs. The State (Delhi Administration)1996 CriLJ 3944
2. Marachalil Chandra Tukaram Talekar vs. State of Gujarat, 1980 Cri.L.J.5 (Guj.) 3.
The State of U.P. Through the C.B.I. vs. Rajesh Talwar & Another Sessions Trial No.
477 of 2012) (Aarushi Talwar murder case )
4. Manu Sharma vs. State (NCT of Delhi), (2010) 6 SCC 1 (Jessica Lal murder Case)
5. Selvi & Ors vs. State of Karnataka & AnrAIR 2010 SC 1974.
6. Alavandar murder case (https://tvaraj.com/tag/alavandar-murder-case/)
7. Surendra Koli vs State Of U.P. Ors on 15 February, 2011
8. Santokben Sharmanbhai Jadeja vs State Of Gujarat on 13 August, 2007." 13 Aug.
2007, https://indiankanoon.org/doc/1561319/.
9. State by the Inspector of Police vs. Manoharan, 2015 Cri. LJ 1215 : MANU/TN/
0496/2014
10. Enamul Haque vs. State of West Bengal, CRM 17348 of 2010 & AST 1114 of 2010
11. Inspector of Police vs. John David (2011) 5 SCC 509
12. State of NCT Delhi vs. Sujeet Kumar, 2014 SCC Online Del 1952
13. The State of Bombay vs. KathiKaluOghad& Others, AIR 1961 SC 1808, 1962 SCR
(3) 10.
14. Pratim Alias Peter Mukherjea vs Union Of India And Anr on 19 January, 2018 (
Sheena Bora murder case)
15. Sr. Sephy vs Union Of India 1 January, 2009 (Sister Abhaya murder case)
Learning Outcomes:
After completion of the course students will be able to-
497
(d): INDUSTRIAL AND COMMERCIAL LAW
SERVICE LAW
1. Trace the historical evolution of laws to govern civil services, both in ancient
kingdoms and in the modern world;
2. Analyse the concept of public service laws as they are enshrined in the Indian
constitution;
3. Introduce the student to fundamental concepts in public service laws; and
4. Examine the laws governing civil services and the impact of factors as
diverse as judicial review and globalisation.
The syllabus has been prepared with these objectives and consists of 5 modules.
a) Meritocracy v. Aristocracy .
b) Religious connotations of Administration.
c) Governance in Ancient India.
d) Concept of Dharma and Duty.
e) Arthashastra – Kautilya’s ‘Amatyas’.
f) Centralised Administration of Mughals.
g) Early centuries of Arab rule and Governance.
499
MODULE IV – LAWS RELATING TO CIVIL SERVANTS
a) Judicial Review.
b) Service Tribunals – Central Administrative Tribunal – State Administrative
Tribunal – Quasi Judicial tribunals.
c) Powers and Functions Appeal Provision.
d) Scope of Writs in Service Matters.
a) Entrepreneurial Government.
b) Changing Role of Bureaucracy.
c) Reinventing the Government.
d) Civil Service Reforms in India.
e) Hota Committee Report on Civil Service Reforms.
f) Good Governance – Public Accountability.
g) Empowering Citizens – Capacity Building Initiatives.
RECOMMENDED READING
Journals:
FURTHER READING
Reference Books:
501
2. Brinda and Sanjeev Muthuswamy, Swamy’s Compilation on Central
Administrative Tribunal (Act, Rules and Orders) (Swamy Publishers (P) Ltd.,
2016).
3. S.R. Maheshwari, Evolution of Indian Administration (Lakshmi Narain
Aggarwal, Agra 1970).
4. P.N. Mathur, The Civil Service of India (1731-1894) (D.K. Publishers: New
Delhi, 1977).
5. B.B Misra, The Bureaucracy in India – An Historical Analysis of
Development up to 1947 (Oxford University Press: New Delhi, 1977).
6. B.B. Misra, The Administrative History of India (1834-1947) - General
Administration, (Oxford University Press: New Delhi, 1970).
7. L.S.S. O’Malley, The Indian Civil Service 1601-1930 (Frank Case & Co. Ltd:
London 1965).
8. B.N. Puri, Some Aspects of the Evolution of Indian Administration (IIPA:
New Delhi, 1980).
9. Chandra Singh, The Civil Services in India (1858-1947) – A Historical Study
(Atmaram & Sons Delhi (1989).
Articles:
Learning Outcome:
1. Understand the origin and development of services law and appreciate its
current position in the appropriate historical context;
2. Appreciate the Constitutional provision governing services law;
3. Discern and comprehend key concepts in laws governing public services; and
4. Critically examine laws and judicial precedents governing services laws.
503
ALTERNATIVE DISPUTE RESOLUTION MECHANISM
(CLINICAL COURSE II)
Objectives of the Course:
Alternative Dispute Resolution, commonly known as ADR, refers to dispute
resolutionmechanisms outside the realm of traditional judicial processes. The
objective of this paper isto acquaint students with various modes of ADR. ADR
mechanism is less bound by proceduralformalities and speedy in giving results. For
this reason, ADR is appreciated by many countriesaround the world.
COURSE OUTLINE
Module I:Alternative Dispute Mechanism
a) Alternative Dispute Resolution – Definition, Scope and Genesis
b) Overview of Alternative Dispute Resolution Process -Arbitration, Mediation,
Conciliation, Lok Adalat and Judicial Settlements
c) Evolution of the concept of ADR with historical prospective -Position of
ADR in
Ancient India, Position of ADR in Mughal period, Position of ADR during
British Period, Position after Independence
Marks Allocation
Total 50 Marks
Student shall maintain a Record through the semester. The record will be assessed by
the teacher and record shall contain the following drafts:
a) Case Study in Arbitration Centre-Practical/ Simulation Exercise:
• A domestic Arbitration agreement after a commercial dispute has arisen
between the parties.
• An Arbitration clause in an international contract (having one Indian
Company as a party) for referring matter to institutional arbitration of an
institution situated outside India.
• A request by one party to other party requesting that their commercial dispute
be referred toArbitration.
505
• A letter requesting an arbitrator to act as Arbitrator in a case after dispute
havearisen. Assume that the contract has an arbitrator clause with reference
to oneArbitrator.
• Anapplicationtotheappropriatecourttoappointanarbitratorwhenpartieshavefail
ed in their attempt to appoint one according to the arbitrationagreement.
• Anapplicationtothecourtseekinginteriminjunctionorappointmentofreceiverbef
ore the arbitral proceedings havebegun.
• An interpretation among rules of various other regional or International
Arbitration centres can be given.
• An application to the court for setting aside anaward
507
NATIONAL CADET CORPS
Objectives of NCC:
• Gainaglimpseandoverviewofarmedforces.
• Developascuseofnationalintegration.
• Createawarenessaboutsocialcausesandcommunitydevelopment.
• Inculcatesportsmanshipandspiritofadventure.
• Learn about life saving and first aid.
NCC Syllabus:
The Syllabus includes common subject for all three wings and specialized subject with
respect to Army, air Force and Navy. The Common subjects comprise of approximately
70% and specialized service is 30 % of thecurriculum.
Unit:1NCC General
Unit:4 Drill:
General words of command - Attention, stand at ease and stand easy turning -Sizing and
dressing - saluting - Marching - Turning at the march and wheeling -Saluting at the march -
Individual word of command - Formation of squad andsquad drill
Unit:5 WeaponTraining
5.56 mm INSAS - Rifle stripping ans assembling - Care and cleaning -Loading/Unloading
and bolt manipulation - Lying position and hold - Aimingrange, targets and sight setting
and alteration - Trigger control and firing -Rangeprocedureandsafetyprecautions-
Theoryofgroupandsnapshooting
509
National Disaster Management Authority(NDMA)-National Defence Response
Force(NDRF)-Types of Disasters-Essential services and their maintenance and role of NCC
cadets in it-Effects of Natural disasters and assistance required-Do's and Don'ts during
natural disasters -Causes and prevention of fire-Fire fighting,fire fighting parties and
firefighting equipment’s.
Basics of social service - methods - types - rural development programme -schemes - NGOs
- role of
NCC –swachhbharat - social security - types - socialevils - mission indradhanush - digital
India- protection of children and womensafety-newinitiative-cybersecurity –types Unit:8
Health and hygiene
Introduction - personal hygiene - food hygiene - sanitation - internal wounds -open chest
wounds - burns and scalds - snake and bog bites - Asphyxia andunconscious-wounds-
yoga- purpose–asanas
Specialised Subject(DetailedSyllabus)
Unit:1ArmedForces
Organisation and command headquarters of the armed forces - Ranks of thearmed forces -
Gallantry and Non Gallantry awards - Types of commission inarmy
Unit:2 MapReading
Definition and subjects of field craft and battle craft -Judging distance and itsmethods –
V SEMESTER
In the previous semester, students learnt the historical background and importance of
labour rights and the basics of key labour legislations governing trade unions,
industrial relations, standing orders and industrial disputes. While protection of
labour rights in a dispute and permitting their unionisation is one side of the coin,
taking proactive measures to promote the welfare and social security of labour is the
other. As the Supreme Court of India has held, time and again, the right to life
guaranteed under Article 21 is not merely animal existence, but the right to live with
dignity. Therefore, taking steps to ensure that the labour force of our nation lives a
life of security and dignity is of unspeakable importance and is part of the
constitutional obligation of the State. The aim of social security legislation is to
ensure freedom from want for our workers. This paper has been designed to help
students understand the social security legislations in India in light of the above
context.
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The syllabus has been prescribed with these objectives and consists of 6 modules.
COURSE OUTLINE
(a) The Employee’s State Insurance Act, 1948 - Objects, applications and ‘Seasonal
Factory’
– Definitions.
(d) Contributions.
(e) Benefits.
(f) Adjudication Of Disputes And Claims.
(h) Penalties.
Module IV – Maternity Benefit
(a) The Maternity Benefit Act,1961 -Object, Application and
Definitions .
(b) Eligibility to Maternity Benefit.
(c) Maternity Benefit and Other
Benefits. (d) Notice Of Claim. (e)
Prohibition Against Dismissal.
(1) (a) The Employee’s Provident Funds And Miscellaneous Provisions Act, 1952 -
Scope, Coverage, Application And Definitions. (b) Authorities to Administer the
Fund.
(c) Contributions.
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(b) Formalities to Start a Factory.
(c) Occupier - Duties and Liabilities.
(2) (a) Regulation of Shops and Establishments - The Tamil Nadu Shops and
Establishment Act,1947 - Applicability and Coverage – Definitions.
Books prescribed:
Journals
Further Reading
Reference Books:
515
Articles:
7. Dr. A. Ananda Kumar, Dr. D. Porkalai & Mr. A. Savio Arokiadass, “Effective
Utilization of Employee State Insurance (ESI) Policy at E-Publishing Sector” Global
Journal of Management and Business Research: G Interdisciplinary Vol.17, Issue 5
(2017) p.35.
9. Yashik, P. M. (2014). ”A study about the Labour welfare and Social Security
Measures in India”, International Journal of Management, 2, p.23.
10. Sravanthi, B., “Social security in India: constitutional frame work”
International Journal of Development Research, Volume 8, Article ID: 12929.
1. United India Insurance Co. Ltd. v. (Smt.) Susheela, 2004 (101) FLR 393 (Karn HC)
2. Employees State Insurance Corporation v. Jaipur Enterprises, (1988) 56 FLR 207
(Raj.)
3. Employees State Insurance Corporation v. Hotel Kalpaka International, 1993 LLR
177 (SC)
4. Fenner (India) Ltd. v. Joint Regional Director, Employees State Insurance
Corporation, (2003) 2 LLJ 447 (Mad)
5. Municipal Corporation of Delhi v. Female Workers (Muster Rolls) and Another, AIR
2000 SC 1274
6. Ram Bahadur Thakur (P) Ltd. v. Chief Inspector of Plantations, [1982 (2) LLJ 20]
7. Sri Rama Vilas Service Ltd. v. RPFC, 2000 I LLJ 709 (Mad)
8. Hindustan Lever Employees Union v. RPFC, 1995 (71) FLR 46 (Bom)
9. Mill Owners Association, Bombay v. Their Employees [1950 (II) LLJ 1247]
10. Standard Vacuum Refining Co. of India v. Workmen, AIR 1961 SC 895, 901
11. Mill Owners Association, Bombay v. Rashtriya Mazdoor Mill Sangh, [(1960) LLJ
1247]
12. Kothari Corporation v. Appellate Authority (Deputy Commissioner of Labour),
Karnool 1998 LLR 223
13. Management of Sri Akilandeswari Mills Ltd. v. Asst. Commissioner of Labour
(2000) I LLJ 1411 Mad
14. Workmen of American Express International Banking Corporation v. American
Express International Banking Corporation [AIR 1986 SC 458]
15. Jayathilal Dhaniji & Co. Oil Mills v. Employees State Insurance Corporation [(1966)
2 LLJ
542]
Learning Outcome
In most countries of the world today competition has a key role to play
in ensuring productive, efficient, innovative and responsive markets.
Competitive forces drive firms to innovate, to develop more efficient
production, processes and to adjust their products in response to changing
consumer demand. Policies to stimulate competition are a key driver for
improving the micro and macroeconomic performance of an economy.
The objective of the course is to provide the students:
i. An understanding of the Legal Dimensions of the Competition Law;
ii. An insight into the Law, which provides a Fair Trade Practice which enhances
healthy competition in the business arena.
iii. To comprehend and appreciate the impact of various Anti-Competition
Policies.
COURSE OUTLNE
Module I: Introduction
a) Basic Concepts – definitions- Market- demand and supply theory Economic
and legal concepts of competition; markets and market structure; competition
theory
b) perfect competition v. Monopoly need for regulation of competition- Relation
between Competition Policy and Competition Law –Objectives of
Competition Law
c) Constitutional aspects competition law- Elimination of Concentration of
Wealth and Distribution of Resources Article 39 (b) (c)
Module V: Combination
a) Combinations: Merger, Acquisition, Amalgamation and Takeover –
b) Horizontal, Vertical and Conglomerate Mergers - Combinations covered under
the
Competition Act, 2002
c) Procedure for regulation of combination- powers of CCI – orders passed by
CCI - Penalties.
Module VI: Enforcement Mechanisms
a) Establishment and Constitution of Competition Commission of India, Powers
Functions and Jurisdiction of the CCI
b) adjudication and appeals, -Competition Appellate Tribunal (CompAT)
c) Director General of Investigation (DGI)- powers and functions – role of DG in
investigation
d) Competition Advocacy
Statutory Materials
Competition Act 2002
Recommended Readings
1. Ramappa, Competition Law in India: Policy, Issues and Developments, 3 rd ed.-
2013, Oxford University Press, New Delhi
2. Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007
3. S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer
Protection Law, 4thed.- 2006,Wadhwa Nagpur
4. Abir Roy & Jayant Kumar, Competition Law in India, Eastern Law House,
New Delhi.
5. P. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI
University Press, 2007.
Further Readings:
Books:
521
7. Levenstein, Margaret C., and Valerie Y. Suslow. “How Do Cartels Use Vertical
Restraints? Reflections on Bork’s The Antitrust Paradox.” The Journal of Law
& Economics, vol. 57, no. S3, 2014, pp. S33–S50.
8. Morse, M. Howard. “Vertical Mergers: Recent Learning.” The Business
Lawyer, vol.
53, no. 4, 1998, pp. 1217–1248.
9. Gevurtz, Franklin A. “Vertical Restraints on Competition.” The American
Journal of Comparative Law, vol. 54, 2006, pp. 357–384.
10. Kabir, Altamas. “Competition Laws and the Indian Economy.” National Law
School of India Review, vol. 23, no. 1, 2011, pp. 1–8.
Cases for Guidance:
Learning Outcomes
1. To provide a thorough background in the area of competition law and policy in India.
2. To understand the key issues in competition law, providing a strong overall
background combined with an emphasis on recent (and potentially future)
developments.
3. Review and understand the key economic considerations behind landmark competition
cases on abuse of dominance, anti-competitive agreements, or mergers.
CYBER LAW AND INFORMATION TECHNOLOGY
COURSE OUTLINE
523
a) UNCITRAL Model Law -Concept of public and private key-Authentication
of electronic records using digital signature -Asymmetric cryptosystem and
encryption -
Hash Function
b) Public Key infrastructure and Hierarchy -Controller of certifying Authorities-
Certifying authorities –Subscriber,
c) Electronic records- Administrator of Electronic records- Electronic Health
records-E- Governance and Electronic records Evidentiary value of
Electronic records.
a) Nature and scope of Cyber Crimes- Mens rea and Actus reus in cybercrime-
b) Cyber contraventions and cyber offences under the IT Act
c) Cybercrime against person, property and govt-Hacking, Hijacking, Digital
forgery, Cyber pornography, Child pornography under IT Act and POSCO
Act, Cyber
Stalking, Cyber Bullying , Phishing, Identity theft and fraud, Cyber murder,
Virus
Attack, Cyber terrorism, Cyber warfare, Cyber defamation
d) Adjudication under IT Act- Adjudicatory Officers- Cyber Appellate Tribunal
Module VI: Intellectual Property Issues in Cyberspace
Recommended Readings:
Books:
525
Journals/Artcles:
1. Nishith Desai, E-commerce in India – Legal, tax and regulatory analysis available at
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/E-
Commerce_in_India.pdf
2. Hemali Shah and Aashish Srivastavat ―Signature Provisions in the Amended Indian
Information Technology Act 2000: Legislative Chaos‖, 43 Comm. L. World Rev. 208 2014
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748441
3. Christopher Reed, ―Legally binding electronic documents: Digital Signatures and
Authentication 35(1) International Lawyer 89-106 available at
http://www.jstor.org/stable/40707597
4. Cyber Laws of India‖, www.iibf.org.in/documents/Cyber-Laws-chapter-in-Legal-
Aspects- Book.pdf (Book on IT security of IIBF published by Taxmann Publishers)
5. Amlan Mohanty, New Crimes under the Information Technology Amendment Act, 7 Ind.
J.
6. L. & Tech. 103 (2011) available at Westlaw India.
Further Readings:
Books:
1. Harish Chander, Cyber Law and IT Protection, PHI Learning Private
Limited, Delhi (2015)
2. V. D. Dudeja, Information Technology and Cyber Law , Common wealth
Publisher (2017)
3. Anirudh Rastogi, Cyber Law: Law of Information Technology and Internet,
Lexis Nexis, (2014).
4. Mark A Lemley, Peter S. Menell, Robert P Merges, and Pamela Samuelson,
Software and Internet Law, Aspen Publishers, New York, (2006).
5. Cohen, Lore, Okediji, and O’Rourke, Copyright in a Global Information
Economy. Aspean Publisher, New York, (2010)
6. Abhivardhan, Artificial Intelligence Ethics and International Law: An
Introduction, BPB Publisher, Delhi (2019)
7. Don Tapscott and Alex Tapscott, Block Chain Revolution, Penguin Random
House, UK (2018).
8. Anne S.Y. Cheung, Privacy and Legal Issues in Cloud Computing, Edward
Elgar Publishing, (2016).
9. Lawrence Lessig, Code and Other Laws of Cyberspace 1999, Code ersion
2.0, Basic Books Publication (2006).
10. Scott Charney & Kent Alexander, Computer Crime, 45 Emory L. J. 931,
(1996)
Journals/ Articles
1 Stacey L. Dogan & Mark A. Lemley, Trademarks and Consumer Search Costs on
the Internet, 41 Hous. L. Rev. 777 (2004).
2 Mark A. Lemley and R Anthony Reese, Reducing Digital Copyright Infringement
without Restricting Innovation, 56 Stan. L. Rev. 1345 (2004).
3 Pamela Samuelson , intellectual Property and The Digital Economy: Why the Anti
Circumvention Regulations Need to be Revised, 14 Berkely Tech. L. J. 519 (1999).
4 Julie Cohen, Reverse Engineering and the Rise of Electronic Vigilantism:
Intellectual
Property Implications of “Lock-Out” Technologies 68 S. Cal. L. Rev 1091 (1995)
5 Rochelle Cooper Dreyfuss, Are Business Method Patent Bad for Business? 16 Santa
Clara Computer & High Tech. L.J. 263 (2000)
6 Mark A. Lemley, Intellectual Property and Shrinkwrap Licenses, 68 S. Cal L. Rev.
1239 (1995)
7 Jinku Huang, Is the ACPA a Safe Haven for Trade Mark Infringers? Rethinking the
Unilateral
Application of the Lanham Act 22 J. Marshall J. Comp. & Info. L. 655 (2004)
8 Jessica Litman, Sharing and Steeling, 26 Hastings Comm. & Entertainment L.
(2004)
9 Neil W. Netanel, Impose a Non Commercial Use Levy to allow Free Peer-to-Peer
File
Sharing 17 Harv. J. L. & Tech. l. (2003)
11. Pamela Samuelson, Did MGM Really Win the Grokster Case? 48 Communications
ACM 19 (2005)
1. Casio India Co. Ltd., v. Ashita Telesyatems Pvt Ltd, 106 (2003) DLT 554
2. India TV Independent News services Pvt Ltd., v. India Broadcast Live and
Others (2007) 145 DLT 521
3. Cybersell Inc. v. Cybersell, Inc, 130 F.3d 414 (9th Cir 1997)
4. Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp 1119 (1997)
5. Shreya Singhal v. Union of India (2013) 12 SCC 73
6. Regina v Hicklin [1868] LR 3 QB 360
7. Miller v California 413 US 15 (1973)
8. Ranjit D. Udeshi v. state of Maharashtra AIR 1965 SC 881
9. Samaresh Bose v. Amal Mitra (1985) 4 SCC 289
10. Ajay Goswami v. Union of India (2007) 1 SCC 169
11. Maqbool Fida Hussain v. Raj Kumar Pandey (2007)
12. State of Tamil Nadu v. Suhas Katti (2004)
13. Avinash Bajaj v. State (NCT ) of Delhi, (2005) DLT 427
14. Computer Associates international inc., v. altai 982 F.2d 693 (3rd Cir 1992)
15. Sega EnterPrises Ltd v. Accolade Inc., (1992)
16. Sony Computer entertainment Inc v. Connectix Corp., (2000)
17. A & M Records v Napster Inc., 239 F. 3d 1004 (9th Cir. 2001)
18. Metro-Goldwyn-Mayer Studios Inc v. Grokster, Ltd 125 S. Ct. 2754 (2005)
527
19. Yahoo Inc v. Akash Arora & Anr, 78 (1999) DLT 285
20. Panavision International L. P. v. Toeppen 141 F.3d 1316 (9th Cir 1998)
21. Shields v. Zuccarini 254 F.3d 476 (3rd Cir. 2001)
22. Brookfield Communications inc v. West Coast Entertainment Corporation
174 F.3d 1036 (9thCir 1999)
23. Playboy Enterprises v. Welles, 279 F.3d 796 (9th Cir 2002)
24. Diamond v. Diebr 450 US 175 (1981).
25. Bilski v. Kappos, 177 Led 2d 792
26. Alice Corp v. CLS Bank (2014)
27. Tata Sons V Greenpeace International (2011)178 DLT 705
28. Super Cassettes Industries Ltd., v. Myspace Inc., (2011) 49 PTC 49 Del.
Learning Outcome:
• Understand and explain the rudiments of internet technology and the Domain Name
System Learn the scope and function of legal and technological regulation of the
internet.
• Understand with the Social and Intellectual Property issues emerging from
‘Cyberspace.
• Explore the legal and policy developments in various countries to regulate
cyberspace
• Develop the understanding of relationship between commerce and cyberspace
• Give learners in depth knowledge of Information Technology Act and legal frame
work of right to Privacy, Data Security and Data Protection.
BANKING LAW
COURSE OUTLINE
Module 1 – Introduction to Banking Law
a) Origin and Development of the word ‘Bank’ – Early history of banking –
Definition of Banking – Difference between banking and money lending.
b) Functions of a Commercial Bank.
c) Structure of a Banking System.
d) Basic terminologies - DD, MT, TT, Traveler’s cheques, bank orders, credit
card, debit/smart cards, safe deposit vaults, gift cheques, stock invest.
e) Indian Banking Structure .
529
b) Types and functions of banks - Commercial banks – Functions – Banking
Companies in India – RBI - Constitution, Management and Functions -
Banking Regulation Act,
1949 – State Bank of India- UTI, IDBI, RRBs’-Local banks
c) Nationalizations of Major Banks.
d) RBI’s control over Commercial Banks – Special status of RBI and State
Bank of India.
e) Subsidiary Banks
Module 3 - Procedural aspects in banking sector
a) Subsidiary Business Operations of Bankers with special reference to Safety
Deposit Lockers – Liability of Bankers in Case of Robberies and Fraud by
Bank Employees – Vicarious Liability of the Bank Employees – Vicarious
Liability of the Bank.
b) Employment of funds - Loans and Advances- Guarantees- Advances secured
by Collateral securities- Agency Services- Financing of Exports- Special
Banking Services – Advances to Priority Sectors and Credit Guarantee
schemes .
c) Recovery of Loans and advances – Recovery of Debts Due to Banks,
Financial Institutions Act, 1993 – Effects of Winding Up of Banking
Companies – Rights of Customers on Winding Up of Companies .
d) Necessity for reforms in Indian Banking Law to meet Global Challenges.
e) Banking Ombudsman.
f) Debt Recovery Tribunal – The Sick Industrial Companies (Special
Provisions) Act,
1985 - SARFAESI Act – Insolvency and Bankruptcy Code, 2016
b) Banker’s duty of secrecy, banker’s duty to honour cheques, banker’s lien, and
banker’s right to set off - Appropriation of payments - Garnishee order -
Customer’s duties towards his banker – Rule in Clayton’s Case -Statutory
protection to paying banker.
531
b) Cyber Crime and Banking Frauds – Cyber Evidence .
Prescribed Books:
Further Readings:
Books:
1. M.L.Tannan,, C.R. Datta & S.K. Kataria revised by - Banking Law and
Practice, Wadhwa & Company, Nagpur
Journal:
1. Indian Journal of Finance and Banking, ISSN: 2574-6081 (Print), ISSN:
2574-609X (Online) , Centre for Research on Islamic Banking & Finance and
Business.
2. Journal of World Investment and Trade 91(2010)
9. Bank of Maharashtra vs. M/s. United Construction Co. and Others(AIR 1985
Bombay 432)
10. Bareilly Bank Ltd. vs Naval Kishore (AIR 1964 All 78)
11. Bhutoria Trading Company (BTC) vs Allahabad Bank (AIR 1977 Cal. 363)
12. Bihta Co-operative Development and Cane Marketing Union Ltd. vs bank of
Bihar (AIR 1967 Supreme Court 389).
13. Brahammaya vs. K.P. Thangavelu Nadar, AIR (1956), Madras 570
14. Brahma Shumshere Jung Bahadur vs Chartered Bank of India, Australia and
China (AIR 1956 Cal. 399)
15. Canara Bank vs. Canara Sales Corporation and Others (AIR 1987 SC 1603)
Learning Outcomes:
2. Compare the different nature of regulations for different types of banks and also
analyse their needs and values.
3. Appreciate the law relating to negotiable instruments and also understand the
various judicial and legislative perspectives.
5. Ascertain the various issues and challenges pertaining to Modern Banking and
related technology.
INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
PRIVATE INTERNATIONAL LAW (CONFLICT OF
LAWS)
Private International Law (or) Conflict of Laws comes into play whenever a
court or tribunal is faced with a case that contains a “foreign” element and
adjudicates the following queries: (i) which court will have jurisdiction to decide the
case? (ii) Which law will apply? (iii) How far it recognizes and enforces foreign
judgments? (iv) At what extent, a company structures its cross border transactions?
(v) With the strong social / cultural dimension, to what extent the States can regulate
matters beyond their own borders? The subject gives students the opportunity to
grapple with contemporary legal debates and issues in conflict of laws.
COURSE OUTLINE
Module – II: Choice of Law and its Jurisdiction, Characterisation and Renvoi
(a) Residence: Domicile and its Nature and Status – lex domicilii, lex fori, lex
patriae – Concept of Domicile in India – Kinds of Domicile: Origin, Choice and
Dependence (b) Citizenship –Vs– Nationality –Vs– Habitual Residence
(c) Corporate Personality – Nature and its conflicting
rules Module – IV: Conflict of Laws relating to Family:
(a) Proper Law of Contract – Capacity to Contract – lex domicilii, lex loci
contractus, lex fori – Rome Convention – Domestic and International
Prorogation – Party Reference and Incorporation – Application of Proper
Law – Choice of Law, Party Autonomy, Public Policy – E-Contracts.
(b) Law of Tort – Traditional and Modern Approach – Rome Convention – lex
fori, lex loci delicti commissi
(c) Proper law of tort and social environment – Tortious liability with respect to
Drugs, Environment, Transport and Satellite Communication – Exceptions
and Limitation.
(a) Lex situs principle and Property – Classification of Property – Movable and
Immovable
(b) Choice of law and Indian scenario – lex fori and lex solutionis – Government
Seizure of Property
(c) Transfer of Tangible and Intangible Property – Wills and Intestacy ––
Administration of Estates and Trusts – Insolvency and Restitution – Right of
Succession.
(a) Proof of Foreign Law – Substance and Procedure – Parties and service of
process – Evidence – remedy
(b) Sovereign and Diplomatic Immunity: Foreign State and Foreign Diplomat –
Recognition and Enforcement of Foreign Judgements, Decrees, Arbitral
Awards and its reciprocity
(c) Conflicting rules related to Cyber Space and Intellectual Property Rights:
Issues and remedies – Indian Scenario.
Recommended Readings:
Books
1. Cheshire and North, “Private International Law”, 2017, 15th Edition,
Oxford
2. Clarkson and Hill’s “Conflict of Laws”, 2016, Oxford.
3. Dicey, Morris & Collins, “The Conflict of Laws”, 2107, 15th Edition, Sweet
and Maxwell.
4. F.E. Noronha, “Private International Law in India”, 2015, Universal Law
Publishing.
5. Paras Diwan, “Private International Law”, 4th Edition, 1998, Deep & Deep
Publishing.
FURTHER READINGS:
1. G.P. Tripathi, “Conflict of Laws”, 2015, 1st Edition, Allahabad Law
Agency.
2. V.C. Govindaraj, The Conflict of Laws in India: Inter-Territorial and Inter-
Personal Conflict”, 2011, Oxford.
3. Mukarrum Ahmed, “The Nature and Enforcement of Choice of Court
Agreements”, 2017, Hart Publishing.
4. Alex Mills, “Party Autonomy in Private International Law”, 2018,
Cambridge.
5. Peter Hay, “Advanced Introduction to Private International Law and
Procedure”, 2018, Edward Elgar Publishing.
6. Adrian Briggs, “Agreements on Jurisdiction and Choice of Law”, 2008,
Oxford.
7. Maria Kaurakova, “Private International Law of Corporations”, 2017,
Spiramus Press.
537
3. Ralf Michaels & Joost Pauwelyn, “Conflict of Norms or Conflict of Laws?:
Different Techniques in the Fragmentation of Public International Law”, 22
Duke Journal of Comparative and International Law 349 (2011-2012).
4. John Robb, “Personhood and Status of Legal Persons in Private International
Law”, Journal of Private International Law, 2019, Volume 15, Issue 2, Taylor
and Francis Group @ https://doi.org/10.1080/17441048.2019.1645974.
5. Matthias Lehmann, “Regulation, Global Governance and Private International
Law: Squaring the Triangle”, Journal of Private International Law, 2020 Volume
16, Issue 1, @ https://doi.org/10.1080/17441048.2020.1744255.
6. Sharon Shakargy, “Choice of Law for Surrogacy Agreements: In the in-between
of Status and Contract”, Journal of Private International Law, 2020, Volume 16,
Issue 1, @ https://doi.org/10.1080/17441048.2020.1741121.
7. Jack Goldsmith, “Sovereign Difference and Sovereign Deference on the
Internet”, The Yale Law Journal, 2019, Volume 128 @
https://www.yalelawjournal.org/forum.
8. William S. Dodge, “Extraterritoriality and Conflict of Laws Theory: An
Argument for Judicial Unilateralism, Harvard International Law Journal, 1998,
Volume 39, p.101 @
https://heinonline.org/HOL/LandingPage?handle=hein.journals/hilj39&div=7&i
d=&page =
9. Friedrich K. Juenger, “Conflict of Laws: A Critique of Interest Analysis”,
American
Journal of Comparative Law, 1984, Volume 32, No.1, pp.50, Oxford University
Press
10. Donald Earl Childress III, “Comity as Conflict: Resituating International
Comity as
Conflict of Laws” @ 44 U.C. Davis Law Review 11 (2010-2011)
Learning Outcomes:
Case laws:
COURSE OUTLINE
Module I: Introduction to Victimology
a. Definition of victimology
b. Historical evolution of victimology as a discipline
c. Importance of victimology in criminal justice system
Recommended Reading
Books
1. Karmen, A. (2018). Crime victims: An introduction to victimology. Cengage
Learning.
2. van Dijk, J. J. M., van Kesteren, J. N., & Smit, P. (2010). Criminal victimization
in international perspective, key findings from the 2004-2005 ICVS and EU ICS.
Boom Legal Publishers.
3. Walklate, S. (2017). Understanding criminal victimization: An introduction to
victimology.
Routledge.
4. Daly, K. (2011). Restorative justice: The real story. Routledge.
543
5. Hoyle, C., & Young, R. (Eds.). (2002). New visions of crime victims. Hart
Publishing.
Journals/ Articles
1. Fattah, E. A., & Sacco, V. F. (1989). For victims of crime: Rights, remedies, and
referrals. Carswell.
2. Gavrielides, T. (2014). Victimology: A brief history and future issues. Victims &
Offenders, 9(1), 1-15.
3. Goodey, J. (2005). Victims and victimology: Research, policy and practice. Pearson
Education.
4. Groth, A. N., & Burgess, A. W. (1979). Male rape: Offenders and victims. American
Journal of Psychiatry, 136(7), 828-832.
5. Hudson, B. (1993). Justice through conciliation: The victim-offender mediation
movement. Carolina Academic Press.
Further Reading
Books
1. Herman, J. L. (2015). Trauma and recovery: The aftermath of violence—from
domestic abuse to political terror. Hachette UK.
2. Koss, M. P., & Harvey, M. R. (Eds.). (2014). The sexual assault of women: Clinical,
legal and psychological issues. Routledge.
3. Goodey, J. (2012). Victims and victimology: Research, policy and practice. Pearson
Higher Ed.
4. Miers, D. (2001). Victims, crime and society. Sage Publications Ltd.
5. Elias, R. (2019). The politics of victimhood: Human rights, identity and justice.
Oxford University Press.
6. Daly, K. (2017). Critical criminology and the victimisation of women: A feminist
perspective. Routledge.
7. Davies, P., & Francis, P. (2017). Victims, crime and justice. Routledge.
8. Shapland, J. (2016). Justice, victims and retribution. Routledge.
9. Hoyle, C., & Sanders, A. (2014). Criminal justice and political cultures: National
and international dimensions of crime control. Oxford University Press.
10. Mawby, R. C. (2012). Policing across the world: Issues for the twenty-first century.
Routledge.
Journals/ Articles
1. Karmen, A. (2016). Crime victims: An introduction to victimology. Cengage
Learning.
2. Koss, M. P. (1993). Detecting the scope of rape: A review of prevalence research
methods. Journal of Interpersonal Violence, 8(2), 198-222.
3. Miers, D. (1989). Victims: A sociology of victims and victimization. Taylor &
Francis.
4. Miller, T. (1973). The victimization of women: A critique of the sociology of rape.
Victimology, 7(1-4), 66-75.
5. Roberts, A. R. (Ed.). (1990). Helping crime victims: Research, policy and practice.
Sage Publications.
6. Schafer, S. (2014). The development of victimology as a field of study. Victims &
Offenders, 9(1), 16-29.
7. Spalek, B., & Davies, P. (2010). Understanding terrorism: Challenges, perspectives,
and issues. Prentice Hall.
8. van Dijk, J. J., van Kesteren, J. N., & Smit, P. (2008). Criminal victimization in
international perspective: Key findings from the 2004-2005 ICVS and EU ICS.
Boom Legal Publishers.
9. Walklate, S. (2017). Understanding victimology: An active learning approach.
Routledge.
10. Tyrone Kirchengast (2005), International Review of Victimology,Victimology and
human rights: An examination of the scope and nature of victimology as a human
rights concern.
Learning Outcomes
• Knowledge of the arrest, bail and remand procedures under the Criminal Procedure Code.
• Understanding of the investigation procedures and the powers of the police in collecting
evidence.
• Familiarity with the procedures for framing charges and conducting criminal trials.
• Understanding of the procedures for pronouncing judgments and the types of punishments
that can be awarded.
• Knowledge of the procedures for executing sentences and the provisions for the
suspension and review of judgments.
545
(d): INDUSTRIAL AND COMMERCIAL LAW
COURSE OUTLINE
Module I:Introduction to International Commercial Arbitration
a) General Overview
b) IBA Guidelines on Conflicts of Interest in International arbitration – IBA
Guidelines on Party Representation in International Arbitration - IBA Rules on
the Taking of Evidence in International Arbitration .
c) IBA Guidelines for Drafting International Arbitration Clauses
Recommended Readings:
Books:
547
1. A.K Bansal, Law of International Commercial Arbitration, Universal Law
Publishing, 2003.
2. Margaret L. Moses, The Principles and Practice of International Commercial
Arbitration, 2nd Edition, Cambridge University Press, 2012.
3. Gary B. Born, International Arbitration: Cases and Materials, 2nd Edition, Kluwer
Law International, 2015.
4. Gary B. Born, International Commercial Arbitration, 2nd Edition, Kluwer Law
International, 2014.
5. Emmanuel Gaillard, John Savage (eds.), Fouchard Gaillard Goldman on
International Commercial Arbitration, Kluwer Law International, 1999
Journal Articles:
3. Park, W. (1983). The Lex Loci Arbitri and International Commercial Arbitration.
International and Comparative Law Quarterly, 32(1), 21-52.
doi:10.1093/iclqaj/32.1.21
Books:
10. Arbitration of Commercial Disputes: International and English Law and Practice
by Karen Tweeddale, Andrew Tweeddale, Cambridge University Press
Journals:
549
5. Filip De Ly 12 Nw. J. Int'l L. & Bus. 48 (1991-1992) The Place of Arbitration
in the Conflict of Laws of International Commercial Arbitration: An Exercise
in Arbitration Planning
7. Peter D Ehrenhaft 9 Law & Pol'y Int'l Bus. 1191 (1977) Effective International
Commercial Arbitration
8. Jamess M. Hosking 4 Pepp. Disp. Resol. L.J. 469 (2003-2004) The Third-
Party Non- Signatory's Ability to Compel International Commercial
Arbitration: Doing Justice without Destroying Consent
10. Mxrsk Olie, Algeriet A/S v. People's Democratic Republic of Algeria, ICSID
Case No. ARB/09/14 (registered July 20, 2009).
11. Standard Chartered Bank (Hong Kong) Ltd. v. Tanzania Elec. Supply Co. Ltd.,
ICSID Case No. ARB/ 10/20 (registered on Oct. 1, 2010).
12. Millicom Int'l Operations B.V. v. Republic of Senegal, ICSID Case No.
ARB/08/20, Award (Nov. 27, 2012).
13. Patrick Mitchell v. Democratic Republic of the Congo, ICSID Case No.
ARB/99/7, Award (Feb. 9,2004)
14. Russell Res. Int'l Ltd. v. Democratic Republic of the Congo, ICSID Case No.
ARB/04/11 (discontinued on Feb. 10, 2009).
15. Cruz City 1 Mauritius Holdings v. Unitech Limited2017 SCC OnLine Del 7810
Learning outcomes:
4. Compare and understand the relationship between UNCITRAL Model Law and
International Commercial Arbitration.
551
(a) : INTERNATIONAL LAW AND INTELLECTUAL
PROPERTY RIGHTS
COURSE OUTLINE
Module 1 Litigation Relating to Copy rights and Industrial Designs
553
Recommended
Readings Books:
1. Arnaud Nuyts –International Litigation in Intellectual Property and
Information Technology,(1st Ed.,) Wolters Kluwer, New York, 2008
2. Cornish and Llewelyn- Intellectual Property, 6th Ed. Sweet &Maxwell, 2007
3. V.K. Ahuja, Law Relating to Intellectual Property Rights ( Lexis Nexis) 2015
4. Elizabeth Verkey, Intellectual Property law and Practice ,Eastern Book Company,
2015
5. Taraporevala V J, Law of Intellectual Property,(2nd Edition) Thomason Reuters,
2013.
6. James J. Fawcett and Paul Torremans: Intellectual Property and Private International
Law,2012, (oxford)
Journal/Articles:
1. Mark A Lemley & R. Anthony Reese, Reducing Digital Copyright Infringement
Without Restricting Innovation 56 Stan L. Rev 1345 (2004)
2. Ruth Okediji, Towards an International Fair Use Doctrine 39 Colum J.
Transnat’l L. 75 (2000)
3. Andrew S. Brown, Amgen v. HMR: A Case for Deference in Claim
Construction (2007) 20 Harv. JL Tech 479
4. Raj S Dave , A Mathematical Approach to Claim Elements and the Doctrine Of
Equivalents (2003) 16 Harv. J L Tech 508.
5. Hazel Carty, Dilution and Passing Off: Cause for Concern (1996) 112 LQR 632
Further Readings:
Books:
1. Graeme Austin: Private International Law and IPR Common Law : An Over View
(2001),https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.pdf
2. Copinger and Skomnes James on Copyright by Gillian Davies, Kevin Garnett, and
Gwilym Harbottle(15th ed. 2005) Indian Reprint 2008
3. Rama Sarma, Commentary on Intellectual property Laws, Vol.2. Nagpur: Lexis
Nexis Butterworths Wadhawa (2009)
4. Abbott, F., T. Cottier and F. Gurry (1999) The International Intellectual Property
System: Commentary and Materials. The Hague, London and Boston, Kluwer Law
International
5. Terrel on Patents, Sweet and Maxwell, London (1994)
6. Kerly’s Law on Trademarks and Trade Names, Sweet and Maxwell. Wolters Kluwer
(2015)
7. Russell Clarke, Industrial Design, Sweet and Maxwell, 9th Ed., (2016).
8. Julie E. Cohen and Et al., Copyright in a Global Information Economy, Aspen
Publisher, Wolters Kluwer, (2010)
9. Resource Book on TRIPS and Development, UNCTAD- ICTSD (2004)
10. John Cross, Global Issues in Intellectual Property Law- Cases and Materials, west
Publisher (1st ed., ) 2010
11. Lemley, Menell, Merges and Samuelson, Software and Internet Law, (3 rd Ed.,)
Aspen Publishers, (2006).
Journals/Articles
1. N S Gopalakrishnan, Administrative Remedies in Intellectual Property Protection
under TRIPs and Indian Law: Border Control Measures 2000 CLC 1 (Jr) 23
2. Mabel Tsui, Access to Medicine and The Dangers of Patent Linkage: Lesson From
Bayer Corp v. Union of India (2011) 18 Journal of Law and Medicine 577-88
3. Ron A Bouchard et al., Structure Function Analysis of Global Pharmaceutical
Linkage Regulations (2011) 12 Minn J L Sci & Tech 391-457.
4. Peter S. Menell, Economic Implication of State Sovereign Immunity from
Infringement of Federal Intellectual Property Rights, 33 Loy. L. A. L. Rev. 1399
(2000)
5. Pamela Samuelson & Tara Wheatland, Statutory Damages in Copyright Law: A
remedy in
Need of Reform 51 Wm & Mary L. Rev. 495 (2009)
6. Alan Latman, Probative Similarity as Proof of Copying: Towards Dispelling Some
Myths in Copyright Infringement? (1990) Colum L. Rev 1187.
7. Adam V. Vickers, Comment, Peering Beyond Today’s Internet File sharing
Concerns: The Future of Bit Torrent Technology, 8 Tul. J. Tech & Intell. Prop. 133
(2006)
8. Neil Weinstock Netanel, Impose a Non Commercial Use Levy to Allow Free Peer to
Peer File Sharing 17 Harv. J. L. & Tech 1 (2003)
9. Michael J Madison, A Pattern Oriented Approach to Fair Use, 45 Wm & Mary L.
Rev 1525 (2004)
10. Pamela Samuelson & Suzanne Scotcher, The Law and Economics of Reverse
Engineering, Yale L. J. 1575 (2002)
Learning Outcome
After completion of the course students will be able to –
1. Learn the practical application IP Laws
2. Examine different rules and tests laid down by the courts in different
jurisdictions
3. Understand the interpretation of IP Laws
4. Discuss and learn about cross border IP litigations
5. Learn international IP enforcement mechanisms
(b) : CONSTITUTIONAL LAW AND PROPERTY LAW
RERA AND TENANCY LAWS
Objectives of the Course:
1. RERA is a most significant legislative measure to regulate the field of Real
Estate Projects. It aims to regulate and promote the real estate sector by
regulating the transactions between buyers and promoters of residential as well
as commercial projects.
2. Tenancy laws bring within its ambit the rules for residential and non-residential
premises and further develop the policies to promote balanced rental housing. It
is aimed at ensuring better access to housing opportunities, while alleviating
fears of the house owners in granting tenancy rights and also establishes a
better structure for enforcing rights and responsibilities of property owners and
tenants.
3. The Tenancy Laws includes building tenancy and law relating to cultivating
tenants in the state of Tamil Nadu. This subject is most significant for civil side
practice.
COURSE OUTLINE
Module – I: Law Relating to Real Estate Regulation
a. Definitions – Registration of Real Estate Project and Registration of Real Estate
Agents – Functions and Duties of Promoter- rights and duties of Allottees – The
Real Estate Regulatory Authority – Central Advisory Council – The Real Estate
Appellate Tribunal – offences and penalties
b. Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018.
557
Module - IV
Definition- agricultural labourer - rent court and rent tribunal- kaieruvaramdhar and
mattuvaramdhar- revision- record of tenancy rights – advisory committee.
Module– V:
Definitions – occupant of Kudiyiruppu – alternative site – payment and
recovery of compensation – prohibition of alienation Statutory Materials:
1. Real Estate (Regulation and Development) Act, 2016
2. The Tamil Nadu Regulation of Right and Responsibilities of Landlords and
Tenants Act, 2017 [including amendments, rules]
3. The TN Cultivating Tenants Protection Act, 1955
4. The TN Cultivating Tenants (Payment of Fair Rent) Act, 1956
5. The TN Agricultural Land Record of Tenancy Rights Act, 1969
6. The TN Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971
Recommended Readings:
1. A handbook of Land Tenures in Tamil Nadu by Sambandham and
V.S.Rajaram, 2017 edition, C.Sitaraman & Co.Pvt. Ltd.
2. Taxmann’s Guide to RERA with RERA check lists, 3 rd edition, 2017.
3. Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018 at
https://www.tnrera.in/Downloads/Acts_Rules_Regulations/Regulations.pdf
4. Land laws of Tamil Nadu, Prof.A.Chandrasekaran, C.Sitaraman& Co.Pvt.
Ltd, 2013 edition.
5. The Tamil Nadu Regulation of Right and Responsibilities of Landlords and
Tenants Act, 2017 Bare Act
559
(c) : CRIMINAL LAW AND FORENSIC SCIENCE
PSYCHOLOGY OF CRIME
Objectives of the Course:
The course is designed to bring out the link between crime and psychology. It will
highlight the causes of crime for victims, offender and of the wider society. The basic
promise of the course is that multiple variables affect human behavior, hence focuses
its attention to personality factors and how they intersect with situational variables.
Student will acquire a new framework for interpreting criminal behavior and will
examine the usage of psychology in the criminal justice system.
At the end of the course, the student will have:
• Knowledge of the key concepts and propositions of psychological models of
Human behavior
• Inbuilt capacity to identify the varying perspectives of criminal behavior.
• Familiarity with research methodologies commonly employed in the field of
criminal psychology.
COURSE OUTLINE
Module I: Introduction to Psychology of Crime
a) Nature and scope of psychology- Psychology of
Soul;Mind;Consciousness;Behaviour b) Study of Criminal Behavior
c) Concepts of Crime, Law and Criminology
d) Theories of Crime Causation.
e) Psychological Theories of Crime
Module II: Criminal Personality
a) Meaning and Nature of Personality
b) Theories and Factors of Personality
c) Meaning and Types of Criminal Personality
d) Criminal Personality and Non Criminal Personality
e) Personality Disorder- Psychopathic Personality
Recommended
Reading Books
1. Evolutionary Psychology: The New Science of the Mind, David Buss , 4th
Edition, Pearson, 2011
2. Abnormal psychology and modern life, James C Coleman, Scott, Foresman;
7th Edition (1984)
3. Contemporary Criminal Law: Concepts, Cases, and Controversies, Matthew
Lippman, SAGE Publications, 5 Edition 2018
4. Sociology of Deviant Behavior, Marshall B. Clinard , Robert F. Meier ,
Cengage Learning, 15 Edition, 2015
5. Crime classification manual. Lexington Books/Macmillan, Douglas, J. E.,
Burgess, A.
W., Burgess, A. G., & Ressler, R. K. (Eds.), 1992
Journals/ Articles
1. Criminal Psychology, K. EGross HKallen H, Columbia Law Review (1912)
12(1) 90
2. Rehabilitating Criminal Justice Policy and Practice, Andrews DBonta J,
Psychology, Public Policy, and Law (2010) 16(1) 39-55
3. Forensic Psychology, Louw D, Elsevier Inc., (2015), 351-356
561
4. Once a criminal, always a criminal?: 'Redeemability' and the psychology of
punitive public attitudes, Maruna SKing A European Journal on Criminal
Policy and Research (2009) 15(1-2) 7-24
5. The Encyclopedia of Criminology and Criminal Justice, Choice Reviews
Online (2014) 52(01) 52-0041-52-0041
Further
Reading
Books
1. The Psychopathology of Crime: Criminal Behavior as a Clinical Disorde,
Adrian Raine , Academic Press; 1 Edition 1997
2. Psychology and Crime: Myths and Reality (Longman Criminology Series),
Peter B. Ainsworth, Addison-Wesley Longman Ltd, 2000
3. Criminology & Psychology Today: Peering Inside Criminal Minds:
Uncovering The Complex Relationships Between Criminals Psychology,
Neuroscience & Neuro- criminology (criminal psychology books) Kindle
Edition, Alice Cole , Chris McGarry . Kindle Edition
4. The Psychology of Criminal Conduct,D.A. Andrews, James Bonta, Elsevier
Inc., 5th Edition , 2010
5. Psychology and Crime: An Introduction to Criminological Psychology ,
Clive R. Hollin, Routledge; 2 Edition 2012
6. Criminal psychology, Pakes F Pakes S, Taylor and Francis, (2012).
7. Introduction to Forensic Psychology, Shipley SArrigo B, Elsevier Inc.,
(2012)
8. Crime and criminal justice, Marsha I, Taylor and Francis, (2011)
9. Psychology and law: truthfulness, accuracy and credibility, Memon AVrij
ABull R, (2003)
10. Applying Psychology to Forensic Practice, Needs ATowl G wiley, (2008)
Journal/ Articles
1. Handbook of Forensic psychology, Haward L, Behaviour Research and
Therapy (1988) 26(4) 366
2. Offender profiling and investigative psychology, Canter D, Journal of
Investigative Psychology and Offender Profiling (2004) 1(1) 1-15
3. Dennis Howitt, Introduction to Forensic and Criminal Psychology, Duff S,
Psychology Learning & Teaching (2016) 15(1) 115-116
4. Applying Psychology to Criminal Justice,Carson DMilne RPakes , John
Wiley and Sons, (2008), 1-314
5. Evolutionary theory and criminal behaviour, Quinsey V, Legal and
Criminological Psychology, https://doi.org/10.1348/135532502168324
6. Psychology and crime, Kellogg A Psychological Bulletin (1917) 14(11) 379-
387
7. History of forensic psychology, Bartol CBartol A, Edited byWeiner IOtto
RWeiner (Ed) IOtto (Ed) R John Wiley & Sons Inc, (2014), 3-34
8. Offender coercion in treatment: A meta-analysis of effectiveness, Parhar K,
Wormith J, Derkzen D, Criminal Justice and Behavior (2008) 35(9) 1109-
1135
9. Psychopathy and recidivism in adolescent sex offenders, Gretton HMcBride
MHare, Criminal Justice and Behavior (2001) 28(4) 427-449
10. Does criminal offender treatment work, Simon L, Applied and Preventive
Psychology (1998) 7(3) 137-159
Learning Outcomes
1. The student will have the ability to examine critically specific offenses and
apply psychological models of criminality.
2. They will have an awareness on different perspectives to be employed in
crime prevention, investigation, and treatment.
563
(d) : INDUSTRIAL AND COMMERCIAL LAW
The bulk of India’s labor force today is the unorganised sector. Suffering from
poverty, without access to education, underpaid, unaware of their rights, and unable
to enforce them, the odds are stacked against our unorganized sector. To address this
problem, the legislature and the judiciary have, through laws and through judicial
activism, repeatedly come to the rescue of these workers. This course is designed to
introduce students to the challenges faced by this sector. The main objective is to
instruct sector wise relevance which ensures the governance effectively. Other
sectors can have identical/similar regulatory system and also be understood in the
context of the treatment of the subject matter in this paper. The course work is within
the viable framework.
The syllabus has been prepared with these objectives and consists of 6 modules.
COURSE OUTLINE
2(a) The Beedi And Cigar Workers (Conditions of Employment) Act, 1966 – Scope
and Object – Definitions – Licenses - Appeals.
(b) Health and Welfare Measures.
(c)Working Hours.
(e) Annual Leave with Wages.
(f) Application of The Payment of Wages Act, 1936 and The Industrial Disputes
Act, 1947. (g) Inspectors.
(h) Offences and Penalty.
3(a) Beedi Workers Welfare Fund Act, 1976 – Scope and Object – Definitions.
(b)Welfare Fund.
(c) Advisory Committees.
(d) Welfare Commissioner.
(e) Power to make Rules.
4(a) Beedi Workers Welfare Cess Act, 1976 – Scope and Object.
(b) Fund – Levy and Collection of Cess on Manufactured Beedis.
(c) Consolidated Fund of India.
(d) Protection of Action Taken in Good Faith.
3. (a) Building and Other Construction Workers Welfare Cess Act, 1996 – Scope and
Object - Definitions.
(b) Levy and
Collection of Cess. (c)
Furnishing of Returns
(d) Assessment of
Cess.
(e) Recovery of Amount Due –
Appeals. (f) Penalty – Offences
by Companies.
567
Recommended
Reading Books
Prescribed:
1. Dr. V.G. Goswami, “Labour & Industrial Laws” (Central Law Agency, 2019).
2. Prof. (Dr.) S.C. Srivastava , “Legal Protection and Social Security in
Unorganised Sector” (The Book Line, 2017).
3. Suresh C Srivastava, “Labour Law in Factories, Mines, Plantation,
Transportation, Shops and other Establishments” (Prentice Hall of India,
1992).
4. S.N.Mishra, “Labour and Industrial Law” (Central Law Publications, 29 th
ed., 2019).
5. Gupta N.H., “Social Security for Labour in India” (Deep and Deep
Publications, Delhi, 1986).
Journals:
1) M. D. Pradeep, B. K. Ravindra, et.al. , “A Study on the Prospects and
Problems of Unorganised Labour in India”, 2 IJAASR 94-100 (2017).
2) Lee Tucker, “Child Slaves in Modern India: The Bonded Labour Problem”,
19 HRQ 572-628 (1997).
3) Jeet Singh Mann, “Employment Rights Protection and Conditions of
Domestic Workers: A Critical Appraisal”, 57 JILI 216-243 (2015).
4) Thomas Paul, “Child Labour – Prohibition v. Abolition: Untangling the
Constitutional Tangle”, 50 JILI 143-176 (2008).
5) M.S.Ramanujam and K.L.Rawal, “Unorganised Workers’ Welfare:
Imperatives and Initiatives”, 46 IJIR 16-31 (2010).
6) Suresh C. Srivastava, “Equal Remuneration for Men and Women”, 32 JILI
82-92 (1990).
Further Reading
Reference Books:
1. Arun Monappa, Ranjeet Numbudiri, Patturaja Selvaraj, “Industrial Relations
& Labour Laws” (Tata Mcgraw Hill, 2012).
2. S.C. Srivastava, “Social Security and Labour Laws” (Lukcnow: Eastern
Book Company, 1985).
3. R.W. Rideout, “Principles of Labour Law” (Sweet and Maxwell, 1988).
4. H.K. Saharay, “Industrial and labour Laws of India” (Culcutta: Eastern Law
House, 1987).
6. Kanak Kanti Bagchi & Nirupam Gope, “Social Security for Unorganised
workers in India” (Gurgoan: Madhav Books, 2012).
7. Nayan Barua, “Social Security and Labour Welfare in India” (New Delhi:
Asish Publishing House, 1995).
8. Radhika.K, “Women in Agricultural Development” (New Delhi: Serials
Publications, 2008).
9. Singh D.P, “Women Workers in Unorganised Sector” (New Delhi: Deep &
Deep Publications, 2008).
10. Tripathy S.N, “Law for Unorganised Labour in India”, (Delhi:
Mangalam Publications, 2008).
Articles:
Module – II: Pleadings – Civil Pleadings – Substantive provisions (theoretical approach) and
Forms (practical exercise)
b. Trial court pleadings: Plaint, Written Statement, L R Petition, Counter petition, Affidavit,
Execution Petition, Interlocutory Application, Sub-Application,
c. Appellate court pleadings: Civil Appeal, First Appeal, Second Appeal, Civil Revision
571
Petition, Appointment of Advocate Commissioner, Restoration Petition,
Adjournment Petition
Module – IV: Pleadings – Appellate Side, Original Side Pleadings and High court
and Supreme Court pleadings (theoretical approach and practical exercise)
e. Company Petition,
g. Public InterestLitigation
a. Private complaint,
b. Gift Deed and Power of Attorney – within family members and others,
g. Cancellation Deed,
573
Apart from explaining the relevant substantive provisions of law in a theoretical method /
lecture method of teaching, this is a practical and clinical course so class room exercise may
include 15 practical exercise in pleadings and 10 practical exercise in conveyancing and
each exercise may carry 2 marks, hence total 50 to be awarded in a practical approach of
every student. Chamber visit 30 marks, viva-voce -10 marks, 5 marks for mid – semester
and 5 marks shall be for attendance. Hence total marks shall be 100. This course is a
clinical paper hence it is an internal assessment of a student.
Recommended Readings:
Guidance:
10. Firm Gopal & Co. Ltd v. Firm Hazarilal AIR 1963 MP37
575
21. Jogeshwar v. Sheopujan AIR 1986 Pat35
Objectives of the
Course:
The course intends to study a crucial and uniform procedure in civil cases which was
enacted in 1908 along with its amendments which is fair and simple applicable to all
the courts in the country. The Code of Civil Procedure 1908 guarantees fair justice
by upholding the rights and liabilities of the parties. It makes the procedure to be
followed in the Civil Courts very basic and compelling. It is one of the vital parts of
procedural laws and it is the one regulating the method to be trailed by the Civil
Courts in India. The course also highlights on the electronic method of filing the
civil suits including the e-vakalatnama. The Limitation Act 1963 is an additional
enactment and address a very key aspect of civil law.It is pivotal to a student of law
to have an exhaustive knowledge of the code of civil procedure and the limitation law
After undergoing the study the student will be able to understand the following
i. An overall view of the Civil Procedure Code 1908 along with its amendments
which is
fair, simple and applicable to all the courts in the country.
ii. To equip the students with various stages through which a civil cases passes in
the court till its final order.
iii. To emphasizes on the electronic method of filing the civil suits including the e-
vakalatnama.
iv. To comprehend the difficult nuances that revolves around civil suits in our
country.
COURSE OUTLINE
Affidavit, Adjournment
c) Death, marriage and Insolvency of the parties
d)Withdrawal and compromise of suits, cost and interest.
Recommended Readings:
1. M.P.Jain, The Code of Civil Procedure, Lexis Nexis India (5th Edition 2019)
2. Dr.Avtar Singh, The Code of Civil Procedure, Central Law Publications (5th
Edition 2019)
3. Narayan Laxmanrao, Commentary on Code of Civil Procedure 1908,Asia Law
House (2nd Edition 2019)
4. Basu’s Law on Limitation Act 1963, Delhi Law House(10TH Edition2020)
5. T R Desai, The Limitation Act, Lexis Nexis (12th Edition,2019)
Further Readings:
579
1) Dinshaw Fardauzi Mulla, Mulla’s Code of Civil Procedure(3 Vols) Lexis Nexis
(19th Edition)
2) Sudipto Sarkar & V.R. Manohar, Sarkar’s Code of Civil Procedure (2 Vols),
Lexis Nexis (12th Edition 2017)
3) C.K. Takwani, Code of Civil Procedure, Eastern Book Company (8th Edition
2019)
4) M.R. Malik, Ganguly’s Civil Court Practice and Procedure, Eastern Law House
(2012).
5) Universal’s Concise Commentary The Limitation Act, 1963 (36 of 1963) With
Exhaustive case Law (3rd
Edition 2018)
JOURNALS FOR SCHOLARLY ARTICLES:
1. Supreme Court Cases Civil
2. The MLJ Manual of the Civil Procedure Code
3. Madras Weekly Notes (Civil)
4. Current Civil Cases
5. Indian Civil Cases
581
11. Gurmukh Singh vs Jaswant Kaur 2011 (4) SCALE 221
12. BALCO Employees Union v. Union of India AIR 2002 SC 350
13. Chitivalase Jute Mills v. Jaypee Rewa Cement AIR 2004 SC 1687
14. Chandrabhai K. Bhoir v. Krishna A. Bhoir, AIR 2009 SC 1674. 13
15. GC Care Centre and Hospital v. OP Care Pvt. Ltd. AIR 2004 SC 2339
Learning Outcomes
COURSE OUTLINE
Module I: Introduction:
a. Objective of CrPC.
b. Historical development of Criminal Law in India.
c. Contributions of Law Commission of India.
d. Classification of Offences.
e. Functionaries of the Code – Police – Prosecutor – Defence Counsel – Criminal Court
– Correctional Institution.
583
b. Taking cognizance of case
c. Dismissal of Complaint
d. Local Jurisdiction of the Courts
e. Commencement of Proceedings - Supply of copies of documents
f. Committal Proceedings
g. Charges - Forms and Content of Charges –Alteration of Charges – Joinder of Charges
– Charges for doubtful offence and more than one offence
h. Withdrawal of charges.
Recommended Reading
Books:
1. Ratanlal and Dhirajlal, Criminal Procedure Code, Lexis Nexis, Butterworth
Wadhawa, Nagpur, 2017.
2. S.C. Sarkar, The Law of Criminal Procedure, Wadhawa& Co, Nagpur, 2017.
3. K.N. Chandrasekharan Pillai, R. V. Kelkar’s Lecture on Criminal Procedure, Eastern
Book Company, 2015.
4. Woodrofee John, Commentaries on Criminal Procedure Code, Vol.1 & 2, 1997, Law
Publishers (India) Ltd, Ahmedabad.
5. Kathuria, Supreme Court on Code of Criminal Procedure, Vol 1 & 2, Professional
Publishers.
585
Journals/Journal Articles:
1. Prakash Chandra Agarwal 2016, “Law Relating to Bail in India: A Study of Legislative and
Judicial Trends”, International Journal of Law Vol.2, Issue.4, pp.28- 30.
2. Vikramadhitya S Khanna &Kartikey Mahajan 2016, “Anticipatory Bail in India: Addressing
Misuse of the Criminal Justice Process?”, Research Handbook on Comparative Criminal
Procedure,
3. Ravinder Barn, Ved Kumari 2015, “Understanding Complaint Credibility in Rape Appeals: A
Case Study of High Courts Judgements and Judge’s Perspectives in India” The British Journal
of Criminology” Vol.55, Issue.3, pp.435-453.
4. Dr.Prativa Panda 2016, “Right to maintenance of Hindu Women under Hindu Adoption and
Maintenance Act”, Global Journal for Research Analysis Vol.5, Issue.1, pp.130-132.
5. IshaKansal 2017, “A Critical Study on Probation of Offenders Act, 1958”,
International Journal of Commerce and Management Research, pp.43-47
Further Readings:
Books:
Journals:
1. American Criminal Law Quarterly
2. American Criminal Law Review
3. American Journal of Criminal Law
4. Buffalo Criminal Law Review
5. Crime and Justice: A Review of Research
6. Criminal Law Quarterly
7. European Criminal Law Review
8. Howard Journal of Crime and Justice
9. Howard Law Review
10. Journal of Criminal Law and Criminology
Case for Guidance:
Learning Outcome:
At the end of the course, the students will be able to:
1. Understand the modes of execution of Substantive Criminal Law with the aid of
Procedural law and Practical application of Criminal Laws.
4. Understand and analyse the procedure for claiming maintenance and Probation Laws.
ENVIRONMENTAL LAW
The objective of the course is to make environmental law familiar to the students by
understanding all dimensions of the subject. This module addresses the UGC mandate to
introduce the ‘environmental studies’ and Bar Council framework syllabus for the subject.
The paper chooses certain international legal regimes to introduce the interface between
international and national laws. The module is aptly divided to have a comprehensive
understanding of natural resource law and pollution control laws. Emerging regimes such as
mining, nuclear energy and health laws are introduced. The module will also introduce
disaster management, coastal regulation and biodiversity laws. An introduction to state laws
is provided to highlight the role of states in the environmental governance. The student will
have the following competencies after studying the subject:
1. Students will understand the interface amongst the academic disciplines in relation to
environment and identify the relevance of law in the resource discourse.
2. Students will appreciate the legal structure governing environmental concerns from
global scale to individual level.
3. Students will be able to apply the environmental law for situations that may arise in
the judicial, administrative and political platforms.
COURSE OUTLINE
Module I: Introduction1
1This module is framed in consonance with the UGC mandated ‘environmental studies’ paper for all the UG
courses.
Module II Constitution and Environment
A.Water (Prevention and Control of Pollution) Act, 1974 –Air (Prevention and Control
of Pollution) Act, 1981 –Environment (Protection) Act, 1986- –Noise Pollution Rules
B. Rules relating to Hazardous wastes, Plastic Waste, Bio-Medical Waste, E-Waste,
Solid Waste, and Batteries
Module VI: Ecological Conservation and Animal Welfare Laws
Recommended Readings:
Books
1. P. Leelakrishnan, Environmental Law in India (Butterworths, 2019)
2. S. Shanthakumar, Environmental Law –An Introduction (Butterworths 2004)
3. ShyamDiwan and Armin Rosencranz, Enviromental Law and Policy in India (Oxford
2002)
4. NawneetVibhaw, Environmental Law: An Introduction (Lexis Nexis 2016)
5. Alan Boyle and Patricia Bernie, International Law and Environment (Oxford 2009)
6. Philippe Sands, Principles of International Environmental Law (Cambridge 2018)
Selected Articles
India
• M.C. Mehta v Union of India (Oleum Gas Leakage case) (1987) 1 SCC 395
• Mrs.Susetha v State of T.N. (2006) 6 SCC 543,
• T.N. GodavarmanThirumulpad v. Union of India (1997) 2 SCC 267
• S. Jagannath v Union of India (1997) 2 SCC 87
• Murli S. Deora v Union of India (2001) 8 SCC 765
• Vellore Citizens’ Welfare Forum v Union of India (1996) 5 SCC 647 Ratlam v.
Vardhichand(1980) 4 SCC 162.
• Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P AIR 1985 SC 652
• Indian Council for Enviro-legal Action vs. Union of India 1996 AIR 1446
• Tripur Dyeing Factory Owners Association V/s
NoyyalRiverAyacutdarsProtectionAssociation&Ors. AIR 2010 SC 3645
• Almitra H. Patel v. Union of India
http://www.indiaenvironmentportal.org.in/files/Almitra%20Patel%20Corrected%20O
rder%202%20Jan%202017%20NGT.pdf
• Save Mon Region Federation v. Union of
Indiahttps://indiankanoon.org/doc/189583188/
• Samit Mehta v. Union of
Indiahttps://www.casemine.com/judgement/in/5b17d5604a932678010063da
• Srinagar BandhAapdaSangharshSamiti v. Alaknanda hydro
Power https://www.casemine.com/judgement/in/5c062c18b338d16e11efe962
International
• Certain Activities Carried Out by Nicaragua in the Border Area https://www.icj-
cij.org/en/case/150
• Pulp Mills on the River Uruguay https://www.icj-cij.org/en/case/135
• Nuclear Tests https://www.icj-cij.org/en/case/58
• Whaling in the Antarctic https://www.icj-cij.org/en/case/148
• South China Sea Arbitration Casehttps://pca-cpa.org/wp-
content/uploads/sites/6/2016/07/PH-CN-20160712-Award.pdfz
• Indus Waters Kishenganga Arbitration https://pca-cpa.org/en/cases/20/
Foreign
• Urgenda Foundation v. The State of the Netherlandshttps://elaw.org/nl.urgenda.15
• Jam v. International Finance
Corporationhttps://www.supremecourt.gov/opinions/18pdf/17-1011_mkhn.pdf
Learning Outcome
1. Students will know the basic environmental concerns from scientific, historical and
political perspectives.
2. They will be able to identify the constitutional scheme and propositions relating to
environmental management.
3. They will understand the complexities of institutions, stakeholders’ interest and
politics over natural resources from villages to globe.
4. The students will understand, apply and think on the laws and governance structure of
pollution control and natural resources management laws. They will have a clear
understanding of various remedies for environmental wrongs.
LAW OF TAXATION
COURSE OUTLINE
1. N.A. Palkiwala, The Law and Practice of IncomeTax, (2014), Lexis Nexis
2. T.N. Manoharan and G.R.Hari (35th Edition, 2020) Students' Handbook on Taxation
- Includes Income-Tax Law and Goods and Service Tax Law, Snow White
Publications.
3. Sampath Iyengar, Law of Income Tax, Step by Step Guide to GST, Wolters Kluwer.
4. V S Datey, GST Ready Reckoner, Taxmann 2017.
5. Dr. Vinod K Singhania, Direct Taxes Ready Reckoner-As Amended by Taxation Laws
(Amendment) Act 2019 (Taxmann Publications).
Journal Articles:
1. Kotha, Ashrita Prasad, “Place of Effective Management Test in the Income Tax
Act, 1961: Is It the Right Way Forward” 8 NUJS L. Rev. 13 (January-June 2015).
2. Andharia, Prateek, “Section 9 of the Income Tax Act, 1961: Defaced and Defiled”
25 Nat'l L. Sch. India Rev. 119 (2013).
3. Dr. S.V.Ramana Rao , “ Input Tax Credit under GST in India: An Overview”,
International Journal of Exclusive Global Research - Vol 3 Issue 2 February.
4. Vartikasahu and Somesh Kumar Shukla, “A Revolutionary Reform for Indirect
Tax with an Analysis of the GST Constitutional 101st Amendment Act, 2016”,
International Research Journal of Commerce and Law, ISSN: 2349 – 705X, Vol
04, Issue 9, September 2017.
5. Anand Nayyar and Inderpal Singh, “A Comprehensive Analysis of Goods and
Services Tax (GST) in India”, Indian Journal of Finance, Vol 12, Issue 2, Feb
2018.
Further Reading:
Books:
1. Chaturvedi and Pithisaria, Companion to Chaturvedi & Pithisaria’s Income Tax
Law –Wealth Tax Act 1957, Eastern Book Company, Lucknow.
2. Girish Ahuja- (2019), Law and Procedure- Professional approaches to Direct
Taxes and International Taxation, Wolters Kluwer India Pvt Ltd.
3. Vinod K Singhania & Kapil Singhania, Direct Taxes Law & Practice, (Taxmann).
4. Dr. Girish Ahuja & Dr. Ravi Gupta, Direct Taxes Law & Practice, (Wolters
Kluwer).
5. CA.Ashok Batra, GST Ready Recknor, (Wolters Kluwer).
6. CA.Keshav Garg, GST Ready Recknor, (Bharat).
7. Jaya Vasudevan Suseela, Indirect Taxes (GST and other Indirect Taxes), (EBC
Explorer).
8. K.Vaitheeshwaran, Students handbook on Indirect Taxes, (Snow White).
9. Karthik Sundaram, Tax, Constitution and the Supreme Court: Analysing the
Evolution of Taxation Law in India.
10. Dr.Sanjiv Agarwal & Sanjeev Malhotra, Goods & Services Tax, Laws,
Concepts and Impact Analysis, (Bloomsbury).
E-Books:
1. A Comprehensive Guide Book on GST India – Clear Tax GST -
www.cleartav.com/gst
2. Case laws of the Honourable Supreme Court of India and the Honourable High courts
of India in favour of Revenue - Sarita Mishra Kolhe - www.nadt.gov.in
3. Indian Tax System – An Overview – Habibulla & Co., Chartered Accountants India -
http://www.hcoca.com/Pdf/Indian_Tax_System.pdf
Journal Articles:
1. R. Kalaivani, “Indian Constitutional Perceptive of Taxation”, IOSR Journal of
Humanities and Social Science (IOSR-JHSS), e-ISSN: 2279-0837, p-ISSN: 2279-
0845, Volume 22, Issue 9, Ver. 15 (September. 2017) PP 75-78
2. B. Anbuthambi and N. Chandrasekaran, “Goods And Services Tax (GST) And
Training For Its Implementation In India: A Perspective”, Ictact Journal On
Management Studies, ISSN: 2395-1664, May 2017, Volume: 03, Issue: 02.
3. Shely Rastogi , S. K. Agarwal, “Zero Rated GST on Indian SEZs: An Analysis”,
Journal of Advances and Scholarly Researches in Allied Education, Ignited Minds
Journals , E-ISSN : 2230 – 7540, Volume 15, Issue 9 , Oct 2018 , Pg. 124 – 131.
4. SANJOY ROY, “Transition to Goods and Services Tax (GST) Regime: Rationale and
Impasse”, The NEHU Journal, ISSN. 0972 - 8406, Vol XIV, No. 1, January - June
2016, pp. 51-67.
5. Hedau Amit, “A Review of Canons of Taxation: India's Perspective”, Asian Journal of
Research in Social Sciences and Humanities, Online ISSN: 2249-7315, (2018),
Volume : 8, Issue : 2, pp 41 - 53 .
6. Sanjay K. Radadiya, “Income Tax Act 1961 V/S Direct Tax Code 2009”, Indian
Journal of Applied Research, Vol.II, Issue.II November 2012.
7. Jasmine V.M, “GST & Evolution of Tax System in India”, IRA-International Journal
of Management & Social Sciences ISSN 2455-2267; Vol.07, Issue 01 (2017) Pg. no.
65-72.
8. Anand Deo, “Goods & Services Tax (GST) – Impact Analysis & Road Ahead”,
IBMRD's Journal of Management & Research, ISSN: 2277-7830, Online ISSN: 2348-
5922, Volume 6, Issue 2, September 2017, pp 17 - 28.
9. Rakesh Chandra, “GST & cooperative federation: Through the eyes of Indian
constitution”, International Journal of Advanced Research and Development, ISSN:
2455-4030, Volume 2; Issue 6; November 2017; Page No. 607-610.
10. Nikhil Pilnu, “Interpretation of taxing statute as strict construction and
exemption”, Legal Service India, ISBN No: 978-81-928510-1-3.
Learning Outcome:
COURSE OUTLINE
Module –I
Evolution, Nature, scope and sources
a) History of admiralty law in England, other parts of the world
c) Relationship between Admiralty Law, Maritime Law and the Law of Sea
Module – III
Law of Sea
Module - IV
a) Ship as property
d) Ship mortgages
Module –V
Module –VI
Law on
Seafarers
b) Definition and Classification of Labourers under the purview of the terms ‘seamen’ and
‘seafarer’.
c) UNCLOS on seafarers.
Module – VII
Port Operations and Management
a) Major Ports in India
b) Structure of Ports
c) Laws and Policies relating to Port Management
d) Ports and Coastal Management
e) Project UNNATI – Indian Ports Association – Indian Private Ports and Terminals Association
Recommended Readings:
Statutes Prescribed:
Books:
1. Samareshwar Mahanty, Maritime Jurisdiction and Admiralty Law in India, Universal Publishing
(2009).
3. Kenneth C. McGuffic (ed), ‘The Law of Collisions at sea’, Stevens & sons, (1961).
4. Robert Force, Admiralty and Maritime Law, Federal Judicial Centre, 2004.
5. Graham, Caroline, Maritime Security and Seafarer’s Welfare: Towards Harmonization, WMU
Journal of Maritime Affairs, Vol. 8 (2009).
Articles:
1. Law of the Sea Forum: The 1994 Agreement on Implementation of the Seabed
Provisions of the Convention on the Law of the Sea, Bernard H. Oxman, Lowis B.
Sohn, Jonathan P. Charney, the American Journal of International Law (1994) Vol.
88.
3. George K. Walker, ‘The Interface of Admiralty Law and Oceans Law’, 45 J. Mar.
L. & Com. 281 (2014).
5. Edgar Gold, The Fair Treatment of Seafarer, WMU Journal of Maritime Affairs,
Vol.4, No.2, 2005.
Further Readings:
Books:
1. Thomas J. Schoenbaum, Admiralty and Maritime Law, 2016 Pocket Part, West
Academic Publishing, 2016
2. Couper, A.D. with Walsh, C. J. Stanberry, B.A. and Boerne, G.L., Voyages of
Abuse: Seafarers, human rights and International shipping, Pluto Press, London, Sterling,
Virginia, 1999.
3. Simon Baughen, Shipping Law, Routledge Taylor & Francis Group, London,
New York, Sixth Edition, 2015.
5. Paul Todd, Maritime Fraud and Piracy, Informa, Second Edition Articles:
1. The impact of the United Nations Convention on the Law of the Sea on the Progressive
Development of International Law – RudigerWolfrum IJIL (1999) Vol. 39
4. Couper, A.D. with Walsh, C. J. Stanberry, B.A. and Boerne, G.L., Voyages of Abuse:
Seafarers, human rights and International shipping, Pluto Press, London.
5. John M. Krizt, Ship Mortgages, Maritime Liens, And their Enforcement: The Brussels
Conventions of 1926 and 1952, 1958.
6. Edwin Fursdon (1996), “Sea Piracy - or Maritime Mugging?” INTERSEC, Vol.6 No.5
May 1996, p.166.
Learning Outcomes:
2. Articulate and analyze the roles of national governments and international organizations in
the regulation of laws of sea.
4. Know how the admiralty system works in India with reference to ship management, safety
and merchant shipping
Recommended Readings:
1. Glanville Williams, Learning the Law, (14th ed.,) Sweet and Maxwell, UK.
2. Nomita Aggarwal, A Beginners’s Path to Moot Court, Universal Law Publishing, 2014
3. Kailash Rai, Moot Court ( Pre-Trial Preparation and Participation in Trial Proceedings) 5th
ed, Central Law Agency 2015
1NB: Attendance is a must while attending the court proceedings during the stipulated period of time. Anybody
who fails to secure 90% attendance are not eligible to write the end semester and should repeat the same with the
next batch of students in the next semester.
4. K.L.Bhatia, Moot court and Mock Trial –Art to and Art of Advocacy: Essential of Court
Craft, Universal Law Publishing, 2013
5. K. Evans, Language of Advocacy, 1st Indian Reprint, Universal Law Publishing 2000
6. J Hill, Practical Guide to Mooting, 1 st Indian Reprint, Palgrave Macmillan, 2009
7. J Snape and G. Watt, How to Moot-A Student Guide to Mooting, Oxford University Press
2005
8. U Sakhalkar, Developing Skills through Moot Court and Mock Trial, Allahabad Law
Agency, 2014
9. B. Malik, Art of a Lawyer-Cross Examination, Advocacy, Courtmanship, Universal Law
Publishing 2014
10. D. Pope and D Hill, Mooting and Advocacy Skills, 1st South Indian edn, Sweet and
Maxwell, 2014.
Learning Outcomes:
After the completion of the course the students will be able to:
• Enhance analytical as well as critical thinking of students over interesting and
contemporary legal issues
• Demonstrate a thorough and contextual knowledge of the various laws particularly
in its application to real and hypothetical legal problems Acquire skill in
advocacy, legal research and writing skills Gain interest in advocacy and
competence as an advocate.