0% found this document useful (0 votes)

1K views374 pages

BBALLB (Hons) Bba

BBA LLB business

Uploaded by

Jana Nisha

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

0% found this document useful (0 votes)

1K views374 pages

BBALLB (Hons) Bba

BBA LLB business

Uploaded by

Jana Nisha

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

You are on page 1/ 374

SCHOOL OF EXCELLENCE IN LAW

REVISED CURRICULUM (2020-2021)

For

B.B.A. LL.B Hons Degree Course

Course of Law, Eligibility Conditions for Admission, Course

Component, Examination Regulations and Syllabus.

1
TABLE OF CONTENT

I. Under Graduate Course of Law 3-4

1. Under Graduate Course of Law
2. Objectives of Revised Curriculum
3. Extent and Application
II. Eligibility conditions for admission BA/B.Com/ BBA/ BCA LL.B
Hons and LL.B Hons’ Courses 5
III. Course Component of B.B.A. LL.B. Hons’ 6-11
1. B.B.A. LLB. Hons. Course: Number of Subjects
2. Choosing Hons. Specialized Course in Law Subjects for B.B.A.
LL.B. Hon’s.
3. Practical Papers
4. Removal of Doubts and Difficulties:
5. Course Component of B.B.A. LL.B Hons’
I. First Year -I Semester & II Semester
II. Second Year -III Semester & IV Semester
III. Third Year- V Semester & VI Semester
IV. Fourth Year- VII Semester & VIII Semester
V. Fifth Year -IX Semester & X Semester
IV. Examination Regulations 12-17
1. The Internal and External Components
2. Class attendance shall carry a maximum of 5 marks
3. The special instructions for attendance
4. Instructions for Examinations
5. Uniform Span Period System (N+2)
V. B.B.A. LL.B. Hons’ Syllabus 18-374

2
I. UNDER GRADUATE COURSE OF LAW

1. Under Graduate Courses of Law:

There shall be five under graduate courses of law leading to Bachelor’s Degree in
Law as hereunder :

(1) B.A., LL.B., (Bachelor of Arts and Bachelor of Laws) : It shall be Integrated Double
Degree Five Academic Years Course in Arts and Law.

(2) B.Com., LLB., (Bachelor of commerce and Bachelor of Laws): It shall be an integrated
Double Degree Five years degree course with a combination of commerce and Law.

(3) B.B.A., LL.B., (Bachelor of Business Administration and Bachelor of Laws): It shall be
Integrated Double Degree Five Academic Years Course in Management and Law.

(4) B.C.A., LL.B., (Bachelor of Computer Application and Bachelor of Laws): It shall be an
integrated five years course with a combination of computer applications and law.

The above five year courses shall be divided into ten semesters.

(5) LL.B., (Hons.): It shall be three Academic Years Degree Course in Law.

Three year course shall be divided into six semesters.

2. Objectives of Revised Curriculum:

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.

3
3. Extent and Application

The rules as to eligibility for admission, course component, curriculum, examination

pattern and standard of passing for B.A., LL.B. Hons., B.Com., LL.B. Hons., B.B.A. LL.B.
Hons., B.C.A. LL.B. Hons., and LL.B.Hons., given herein shall be applicable initially for the
first year of B.A., LL.B. Hons., B.Com., LL.B. Hons., B.B.A. LL.B. Hons., B.C.A. LL.B.
Hons., and LL.B. Hons. and will come into force w.e.f. the academic year 2020 - 2021.

4
II. ELIGIBILITY CONDITIONS FOR ADMISSION
BA/B.COM/ BBA/ BCA LL.B HONS AND LL.B HONS’ COURSES:
The eligibility criteria for admission to five year courses and three year courses
their duration, marks and the number of seats are mentioned hereunder:
S.No Name of the Duration Qualifying Exams Minimum marks
course
in Qualifying Seats
Exams
SC/ Others&
HSC(10+2)CBSE/IS
ST NRI
C or any other exam
1 B.A., LLB (Hons.) Five recognised as 60% 70%
B.B.A., years equivalent.
LL.B.,(Hons)

2 B.COM., HSC(10+2)CBSE/IS 60% 70% 156

LL.B.,(Hons) C or any other exam
recognised as
equivalent.
Candidate should
have studied
Commerce as a
subject.
3 BCA.,LLB., HSC(10+2)CBSE/IS 60% 70%
(Hons) C or any other exam
recognised as
equivalent.
Candidate should
have studied
Computer science as
a subject.
4 LL.B., (Hons) Three Any degree under 55% 60%
years any discipline.
10+2+3 stream alone
are eligible

5
III. COURSE COMPONENT OF B.B.A. LL.B. HONS’

1. B.B.A. LLB. Hons. Course: Number of Subjects

The Course shall have the following subjects-

 Inter- Disciplinary - 14
 Core Law Papers - 23
 Ancillary Hon’s Papers - 06
 Clinical Core Papers- 04
 Specialized Hon’s Optional - 08
----------
Total 55

2. Choosing Hons. Specialized Course in Law Subjects for B.B.A. LL.B. Hon’s.
The arrangement of Hons. Specialized Course in law for B.B.A LL.B. Hon’s., course
allows the student to have specialization, to some extent, in (a) International Law and
Intellectual Property Rights Group, or (b) Constitutional Law and Property Law
Group or (c) Criminal Law and Forensic Science Group or (d) Industrial and
Commercial Law Group by choosing the optional subjects from the given list in each
semester from Forth Year Onwards.
 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
Fourth year onwards for Five Year 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 Fourth
year onwards for Five Year 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 Fourth year
onwards for Five Year 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 Fourth year
onwards for Five Year Course

6
 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.

3. Practical Papers
In the final semester, a student has to do two practical papers from the group which
he/she has selected.
 Explanation 1:
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:

1. Longish Paper(Research Oriented Paper ): 50 marks

2. Case Comment: 15 marks
3. Book Review: 15 marks
4. Viva Voce: 20marks
Total: 100 marks

7
4. Miscellaneous Rules of Eligibility for Admission and Syllabus:

The rules given herein are for the general understanding of the candidates. However,
the admission to SOEL and syllabus shall be subject to the rules made and condition
prescribed, from time to time, by the University, Central Government, State
Government, Bar Council of India, University Grants Commission or any other
authority empowered.

5. Removal of Doubts and Difficulties:

Notwithstanding anything stated in the rules herein or any issue hereinabove, for any
unforeseen issues arising, and not covered by the rules herein, or in the extent of
differences of interpretation, the Hon’ble Vice Chancellor of the University may take
a decision and the said decision of the Hon’ble Vice Chancellor shall be binding.
(*N.B: If there is any amendment or repeal or enactment of any law will be
implemented in the next academic year without carrying out any revision of the
syllabus.)

B. B. A. LL.B. HON’S COURSE

I YEAR
I-Semester
S.No Subject Code Subjects
1 HBB0101 Legal Language and Literature
2 HBB0102 Financial and Management Accounting
3 HBB0103 Principles of Economics
4 HBB0104 Principles of Management & Organizational Behavior
5 HLC0101 Introduction to Law, Legal Methods and Legal Research

II- Semester
S.No Subject Code Subjects
6 HBB0205 Legal Language and Communication
7 HBB0206 Mobile Commerce
8 HBB0207 Business Communication
9 HLC0202 Legal And Constitutional History
10 HLC0203 Law of Torts

8
II YEAR
III Semester

S.No Subject Code Subjects

11 HBB0308 Social Issues and Social Research Methods
12 HBB0309 Human Resources Management
13 HLC0304 Constitutional Law I
14 HLC0305 Law of Contracts I
15 HLC0306 Law of Crimes I (Indian Penal Code)

IV Semester

S.No. Subject Code Subject

16 HBB0410 Managerial Economics
17 HBB0411 Public Policy, Governance and Law
18 HBB0412 Principles of Marketing
19 HLC0407 Constitutional Law II
20 HLC0408 Law of Contracts II

III YEAR
V Semester

S.No. Subject Code Subjects

21 HBB0513 Financial Services
22 HLC0509 Jurisprudence
23 HLC0510 Administrative Law
24 HLC0511 Family Law I
25 HLC0512 Company Law

VI Semester

S.No. Subject Code Subjects

26 HBB0614 Business Environment
27 HLC0613 Family Law II
28 HLC0614 Property Law
29 HLC0615 Law of Evidence
30 HLA0601 Interpretation of Statutes
31 HCC0601 Professional Ethics

9
IV YEAR

VII Semester

S.No. Subject Code Subjects

32 HLC0716 Introduction to Public International Law
33 HLC0717 Labour Law I
34 HLC0718 Mediation and Conciliation
35 HLA0702 Intellectual Property Law
36 HS10701 a. International Economic Law
HS10702 b. Comparative Constitutional Law
HS10703 c. Correctional Process
HS10704 d. Corporate Securitisation
37 HS20701 a. International Treaties & Conventions on IP
b. Introduction to Land Laws
HS20702
c. Criminology
HS20703 d. International Labour Organisation and Labour
Jurisprudence
HS20704

VIII Semester
S.No. Subject Code Subjects
38 HLC0819 Labour Law II
39 HLA0803 Competition Law
40 HLA0804 Cyber Law and Information Technology
41 HS30801 a. International Human Rights Law
HS30802 b. Human Rights in the Constitutional Law
c. Cyber Crime
HS30803 d. Insurance Law
HS30804
42 HS40801 a. IP on Traditional Knowledge and Genetic
HS40802 Resources
b. Land Laws of Tamil Nadu
HS40803 c. Forensic Science and Investigation
HS40804 d. Service Laws
43 HCC0802 Alternative Dispute Resolution Policy

10
V YEAR
IX Semester

S.No. Subject Code Subjects

44 HLC0920 Civil Procedure Code and Limitation Act
45 HLC0921 Law of Crimes II (Criminal Procedure Code)
46 HLA0905 Banking Law
47 HS50901 a. Private International Law
HS50902 b. Legal Process and Local Governance
HS50903 c. Juvenile Justice system
HS50904 a. International Commercial Arbitration
48 HS60901 a. Intellectual Property Litigations
HS60902 b. RERA and Tenancy Law
c. Psychology of Crime
HS60903 a. Social Security and Unorganised Labour
HS60904
49 HCC0903 Drafting Pleading and Conveyancing

X Semester

S.No. Subject Code Subjects

50 HLC1022 Environment Law
51 HLC1023 Law of Taxation
52 HLA1006 Comparative Law
53 HS71001 a. Practical Paper
HS71002 b. Practical Paper
HS71003 c. Practical Paper
HS71004 d. Practical Paper
54 HS81001 a. Practical Paper
HS81002 b. Practical Paper
HS81003 c. Practical Paper
HS81004 d. Practical Paper
55 HCC1004 Moot Court

 Abbreviations used in Subject Codes :

The abbreviations used in the subject codes in the course component shall have
meaning as under:
(a) HBB – Inter- disciplinary subject for B.B.A. LL.B HONS. Course
(b) HLC – Core Law Papers
(c) HLA – Ancillary Hon’s Papers
(d) HCC – Clinical Core Papers
(e) HS – Specialized Honours Course

11
IV. 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:

1. The Internal and External components will be in the ratio of 30:70.

Internal Components: 30 Marks
 Class test - 10 Marks
 Mid Semester - 10 Marks
 Assignment - 05 Marks
 Attendance - 05 Marks

External Components: 70 Marks (Question Paper pattern of the End Semester

Exam)

 Part A – Essay Type-Answer any 3 out of 5 questions (10 Marks x 3= 30

Marks)
 Part B – Problems- Answer any 2 out of 4 questions (10 Marks x 2 = 20
Marks)
 Part C – Short Notes- Answer any 4 out of 7 (5 Marks x 4 = 20 Marks)

Internal components

 Mid semester test to be conducted after two months of teaching for 10 marks.
Students shall compulsorily write the class test as directed by the subject faculty
for each subject for 10 marks.
 Project assignment for 5 marks, Students shall submit the assignments to the
subject faculty as directed by them within the stipulated time.
 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.

12
 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.
2. 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

13
3. 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

14
4. 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.
 The answers must be legibly written either in blue or black ink.
 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 who are intended to write the examination on the particular
day/session are not permitted to be outside the examination hall specifically
inside the campus of the university after the commencement of the
examinations.
 Candidates are not permitted to borrow any stationers from any other
candidate during the examination within the examination hall.

15
 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.
5. 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.

16
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.

17
SYLLABUS

B. B. A. LL.B. HON’S COURSE

II YEAR
III Semester
S.No Subject Code Subjects
11 HBB0308 Social Issues and Social Research Methods
12 HBB0309 Human Resources Management
13 HLC0304 Constitutional Law I
14 HLC0305 Law of Contracts I
15 HLC0306 Law of Crimes I (Indian Penal Code)

IV Semester
S.No. Subject Code Subject
16 HBB0410 Managerial Economics
17 HBB0411 Public Policy, Governance and Law
18 HBB0412 Principles of Marketing
19 HLC0407 Constitutional Law II
20 HLC0408 Law of Contracts II

III YEAR
V Semester
S.No. Subject Code Subjects
21 HBB0513 Financial Services
22 HLC0509 Jurisprudence
23 HLC0510 Administrative Law
24 HLC0511 Family Law I
25 HLC0512 Company Law

18
VI Semester

S.No. Subject Code Subjects

26 HBB0614 Business Environment
27 HLC0613 Family Law II
28 HLC0614 Property Law
29 HLC0615 Law of Evidence
30 HLA0601 Interpretation of Statutes
31 HCC0601 Professional Ethics

IV YEAR
VII Semester

S.No. Subject Code Subjects

19
V YEAR

IX Semester

S.No. Subject Code Subjects

44 HLC0920 Civil Procedure Code and Limitation Act
45 HLC0921 Law of Crimes II (Criminal Procedure Code)
46 HLA0905 Banking Law
47 HS50901 a. Private International Law
HS50902 b. Legal Process and Local Governance
HS50903 c. Juvenile Justice system
HS50904 d. International Commercial Arbitration
48 HS60901 a. Intellectual Property Litigations
HS60902 b. RERA and Tenancy Law
c. Psychology of Crime
HS60903
d. Social Security and Unorganised Labour
HS60904
49 HCC0903 Drafting Pleading and Conveyancing

X Semester

S.No. Subject Code Subjects

20
FIRST YEAR
I-SEMESTER
HBB0101: LEGAL LANGUAGE AND LITERATURE
English I

Objectives of the Course

The objective of the course is to train the student to obtain the basic knowledge of alphabets, words,
parts of speech, phrases, clauses and sentences, apart from the need to upgrade English language
skills for effective communication.This course focuses on strengthening the students’ syntactical
competence so as to bring quality and correct grammatical constructions in their writing and it is
also meant to train them on how to study for various purposes. The prose lessons prescribed expose
the students to different streams of higher thought in the realm of Politics, Law, Society and
Literature. This course enables wholesome understanding of English language which plays a vital
part in the acquisition of great advocacy skills.

COURSE OUTLINE

Module I: Legal Language and Grammar

a. Defining Language
b. Nature of Language
c. Syntactical Competence (Introductory)
d. Grammar and Usage-
 Sentence Structure-Subject and Predicate
 Concord
 Tenses
 Use of Articles
 Accurate Use of Prepositions
 Making Questions (Why-and yes-no questions and question tags)
 Use of Modal Auxiliary Verbs (making requests, suggestions, seeking
permission etc.)
 Some Common Errors

Module II: Sentence Transformation

a. Active and Passive Voice
b. Types of Sentences (Statements, interrogative, exclamatory and imperative)
c. Simple, complex and compound sentences
d. Reported Speech
e. Syntactic Ambiguity

21
Module III: Vocabulary Skills
a. Idioms and Phrases
b. One Word Substitution

Module IV: Communication Skills

a. Communication- Verbal, Non-Verbal and Written
b. Significance of Communication Skills for Lawyers-Listening, Speaking, Reading and
Writing (Introductory)
c. Electronic Communication and its types (Telephone, Facsimile, E-Mail, Voice Mail,
Teleconferencing, Video-Conferencing, Word Processor, Internet, Social Media)
d. Formal Correspondence
e. Resume Writing

Module V: Study Skills for Law Students

a. SQ3R(Survey Question Read, Recite and Review)
b. Reading-Types-intensive and extensive; techniques-scanning, skimming and critical
c. Note making
d. Writing (Correct grammar, spelling, punctuation and clarity)
e. Paragraph Writing

Module VI: Prose with Legal Themes:

a. Of Judicature-Francis Bacon
b. Some Reminiscences of the Bar-M.K. Gandhi
c. Why the Indian Labor is Determined to Win the War-B R Ambedkar
d. Joy of Reading- A P J Abdul Kalam
e. M C Chagla- The Centenary of a Judicial Statesman- V R Krishna Iyer

Module VII: Poetry with Legal and Literature Themes:

a. Law like love – W.H. Auden
b. Freedom, Justice and Equality – Lonnie Hicks
c. Where the Mind is without Fear – Rabindranath Tagore
d. Stopping by the Woods on a Snowy Evening – Robert Frost.

22
APPENDIX I

Words Often Confused:

1. Affect - Effect 31. Junction - Juncture
2. Adverse - Averse 32. Estimate - Esteem
3. Apprehend - Comprehend 33. Fain - Feign
4. Adapt - Adopt 34. Flagrant - Fragrant
5. Accept - Except 35. Luxurious - Luxuriant
6. Advise - Advice 36. Emigrate - Immigrate
7. Beside - Besides 37. Destiny - Destination
8. Bridal - Bridle 38. Disease - Decease
9. Canon - Cannon 39. Disposal - Disposition
10. Canvas - Canvass 40. Confident - Confidential
11. Council - Counsel 41. Corporal - Corporate
12. Continual - Continuous 42. Congenial - Congenital
13. Childlike - Childish 43. Compliment - Complement
14. Collision - Collusion 44. Abstract - Extract
15. Confirm - Conform 45. Avert - Invert
16. Contagious - Contiguous 46. Accede - Exceed
17. Dual - Duel 47. Assent - Ascent
18. Elusive - Illusive 48. Atenuate- Extenuate
19. Eminent - Imminent 49. Artful - Artificial
20. Facilitate - Felicitate
21. Industrial - Industrious
22. Judicial - Judicious
23. Metal - Mettle
24. Official - Officious
25. Popular - Populace
26. Principal - Principle
27. Stationary - Stationery
28. Wave - Waive
29. Sea - See
30. Momentary - Momentous

23
Recommended Readings:
Books
 Smith, A.T.H. Glanville Williams:Learning the Law. Sweet and Maxwell Printing
Press,14th edition. 1945
 SP Bakshi. Easily Accessible: Suitable for Beginners. Descriptive Analysis.
 Bhatnagar. R. G. Law and Language. Trinity Press Private Limited, 2012. Print.
 Raymond Murphy, Essential English Grammar. 2nd Edition. Cambridge University:
1990, Print.
 Raymond Murphy. English Grammar in Use. 4th Edition. Cambridge University:
1995.
 Martin Hewings. Advanced Grammar in Use. 3rd Edition. Cambridge University:
2000.

 David Annousamy - The Language Riddle. 5th Edition. Sterling Publication, 2009.
 Lewis, Norman. Word Power: The Complete Handbook for Building a Superior
Vocabulary.
 A.J. Thomsan. Practical English Grammar. Fourth Edition. 2015. Print.
 William Strunk, Jr. Richard De A’Morelli. The Elements of Style. Classic Edition:
2018. Print.
 Jane Straus. The Blue Book of Grammar Punctuation: An Easy-to-Usewith Clear
rules and Real-World. 2014. Print.

Further Readings
Books
1) Williams, Glanville. Advanced English Grammar. Cambridge University Press: New
Delhi, 2008.

2) Denning, Lord. Better English Pronunciation. Cambridge University Press: New

Delhi, 2008.

3) Jones, Daniel. Better English Pronunciation. Cambridge University Press: New

Delhi, 2008.

4) Bhatnagar, R.P. English Idioms. Oxford University Press. 2002.

5) David Green -Contemporary English Grammar Structure and Composition

6) J.C. Nesfield - English Grammar Composition and Usage

24
Journals:

 Phonetics and Audiology Peer Reviewed Open Access Journal

 International Journal of Speech-Language Pathology and Audiology
 Journal of Language and Linguistic Studies.
 Journal of Language and Learning.
 Journal of English as an International Language.
 Journal of Effective learning.
 Journal of Computer-Mediated Communication.
 Electronic Journal of Foreign Language Teaching.

Web sources:
https://www.easypacelearning.com/all-lessons/english-books-for-download-pdfs-free/1266-idioms-
from-a-to-z-pdf-free-to-download

https://www.englishclub.com/vocabulary/figures.htm

https://www.britannica.com/science/phonetics

https://scholar.harvard.edu/files/adam/files/phonetics.ppt.pdf

https://www.thoughtco.com/phonetics-definition-1691622

https://www.dictionary.com/browse/phonetics

Learning Outcome:
After undergoing this course, students should be able to:
1. Comprehend the basic grammatical structure of English language and its proper usage.
2. Significantly enhance language skills, both spoken and written.
3. Understand the importance of honing advocacy skills.

25
HBB0102: FINANCIAL AND MANAGEMENT ACCOUNTING

Objectives of the Course

Practically universal agreement among practicing lawyers that the services required
of the lawyer today demand a certain amount of accounting training for most competent
performance. Financial and Management Accounting is an essential discipline for corporate
management, as the information collected and presented to management based on its
principles and techniques which helps management to solve specific problems and also
guides them in decision making. The objective of the course is acquainting the students with
the basic concepts used in Financial Accounting and Management Accounting having a
bearing on managerial decision-making.

COURSE OUTLINE

Module I: Accounting Concepts and Conventions

(a) Accounting – Meaning, Objectives and Scope of Accounting.
(b) BasicAccounting Concepts and Conventions.
(c) Methods of Accounting and Limitations of Financial Accounting.
(d) Journal, Ledger, Double Entry Book Keeping – Preparationof Trial Balance.

Module II: Final Accounts

a) Preparation of Final Accounts – Introduction and Format.
b) Trading, Profit and Loss Account and Balance Sheet (Simple Problems only).

Module III:Management Accounting

a) Management Accounting –Meaning, Definition, Objectives and Techniques of
Management Accounting.
b) Difference BetweenManagement Accounting and Financial Accounting.
c) Concept of Funds – Funds Flow Statement – Uses and Limitations of Funds Flow
Statement.
d) Preparations of Funds Flow Statement and Cash Flow Statement.

26
Module IV: Financial Statement Analysis
a) Financial Statement Analysis – Objectives
b) RatioAnalysis – Classificationof Ratios
c) Problems Related to Liquidity Ratios, Profitability Ratios, Activity Ratios and Solvency
Ratios.

Module V: Budgeting & Budgeting Control

a) Budget – Introduction, Meaning, Definition,Merits, Demerits and Types of Budget.
b) Essentialsof Successful Budgetary Control.
c) Preparation of ZBB (Zero Based Budgeting), Production, Cash and Flexible Budget.

Module VI:Marginal Costing

a) Marginal Costing – Meaning, Importance, Advantages and Disadvantages
b) Marginal Cost Statement – CostVolume Profit analysis – Profit Volume Ratio
c) BreakEven Analysis – Break Even Chart – Break Even Point – Margin of Safety.
Note: Marks Distribution: Problems 60% and Theory 40%

Recommended Readings:
Books:
1. Maheswari S.N. Management Accounting and Financial Control, Sultan Chand & Sons,
New Delhi.
2. Jain &Narang: Advanced Accounts,Kalyani Publishers, Ludhiana
3. T.S.Reddy and Hari Prasad, Financial and Management Accounting, Margam
Publication, 2015.
4. Gupta R.L. and Radhaswamy. M: Advanced Accounts, Vol. 1 Sultan Chand &Sons, New
Delhi
5. Iyengar, S.P., Cost and Management Accounting, Sultan Chand and Co.,5 th Edition, 2010.

Journals / Journal Articles:

1. Hamid Saremi and BehradMoinNejad, (2013), “Role of Management Accounting in
Managerial the Decision Making of Enterprises”, Elixir International Journal, Elixir
Financial Management. 65B (2013) 19859-19866; http://www.elixirpublishers.com
2. Pratik P. Valand, “An Empirical Study of Ratio Analysis”, Indian Journal of Applied
Research, Vol II, Issue I October 2012.

27
3. Barnes, Paul. (2006),“The Analysis and Use of Financial Ratios: A Review Article”.
Journal of Business Finance & Accounting.14.449-461.10.1111/j.1468-5957.
1987.tb00106. x.
4. Manes, R. (1966),“A New Dimension to Breakeven Analysis”, Journal of Accounting
Research, 4(1), 87-100. DOI:10.2307/2490143
5. Nwanyanwu, Loveday. (2014). “Some Basic Concepts of Accounting: A Critical
Appraisal”, Research Journal of Finance and Accounting. 5. 197 - 204.

Further Readings:
Books:
1. B. S. Khanna, G. K. Ahuja, I. M. Pandey, S. C. L. Batra - Practical Costing - S. Chand &
Company Ltd, 2015.
2. Dr. R. P. Rustagi - Management Accounting - Taxmann’s Publications, 2nd Edition,
2015.
3. ManoshDutta, “Cost Accounting’, Dorling Kindersley (India) Pvt Ltd, 2010.
4. M.C. Shukla, T.S. Grewal, Dr. M.P. Gupta, “Cost Accounting”, S. Chand & Company
Ltd, 2018.
5. I.M. Pandey, “Management Accounting”, Vikas Publishing, third Edition, 2018
6. T. Horngren and Gary L. Sundem, “Introduction to Management Accounting” – 16th
Edition, Prentice-Hall, New Delhi.
7. Ambrish Gupta – Financial Accounting for Management: An Analytical Perspective,
Pearson Education, 3rd Edition 2009.
8. S.K. Bhattacharya, John Dearden – Accounting for Management, Vikas Publishing
House, Third Revised Edition, 2008.
9. Carl S. Warren, James M. Reeve, and Jonathan E. Duchac – Financial Accounting:
Concepts, Methods, and Applications (Cengage Learning, 2009).
10. Robert Anthony & Hawkins- Accounting Test and Cases, Richard D. Irwin London.

Journals:
1. Journal of Accounting Education
http://www.sciencedirect.com/science/journal/07485751/
2. International Journal of Accounting and Finance
http://www.inderscience.com/jhome.php?jcode=ijaf

28
3. Journal of Accounting Research
http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1475-679X
4. Journal of Finance and Accounting
https://www.journalpressindia.com/servlet/MasterClass?query=journaldetail&id=5
5. Asia-Pacific Journal of Accounting & Finance
http://accounting.fe.ui.ac.id/apjaf
6. The Journal of Cost Accounting Research
http://www.worldcat.org/oclc/464005184
7. International Journal of Managerial and Financial Accounting
https://www.inderscience.com/jhome.php?jcode=ijmfa
8. Journal of management Accounting Research
http://www.atypon-link.com/AAA/loi/jmar
9. Man, Mariana &Modrak, Vladimir &Grabara, Janusz. (2011). “Marginal Cost of
Industrial Production”. Polish Journal of Management Studies. 3. 62-69.
10. Cook, A. (1995), “Management Accounting”, BMJ: British Medical Journal, 310(6976),
381-385. Retrieved April 23, 2020, from www.jstor.org/stable/29726306

Learning Outcomes:
After completion of the course, students will be able to -
 Understand financial and management accounting practices of a company and to
take of their client, as an intellectual competent lawyer.
 Comprehend the basic principles of accounting and preparing final accounts.
 Gain knowledge on management accounting practices such as Financial Statement
Analysisand Marginal Costing.
 Apply the Budgetary Control techniques for an efficient cost control and
maximization of productivity.

29
HBB0103: PRINCIPLES OF ECONOMICS

Objectives of the Course

The basic objective of this course is to make the students to understand the various advance
economic principles as well as their applications. In addition to that this course also enables
the students to understand sectors specific and their impact in shaping trends in economic
indicators in pursuit of Indian Constitution.

COURSE OUTLINE

Module I Introduction to Economics

a) Meaning – Definitions- Wealth, Welfare and Scarcity Views of Economics

b) Nature and Scope of Economics- Significance of the Study of Economics
c) The Subject Matter of Economics - Difference between Micro and Macro Economics
d) The Methodology of Economics - Deductive Method and Inductive Method
e) A Positive and a Normative Economics.

Module II Demand and Supply Analysis

a) Meaning – Definition- Types- Functions of Demand

b) Factors Affecting Demand- Law of Demand
c) Exceptions to the Law of Demand
d) Elasticity of Demand – Types and Measurement of Elasticity of Demand
e) Factors influencing Elasticity of Demand
f) Meaning and Definition of Supply – Law of Supply- Factors determining Supply.
g) Consumer’s Surplus- Producers Surplus.

Module III Theory of Consumer Behaviour

a) Meaning – Definition - Concept of Utility

b) Cardinal - Ordinal Utility Approach
c) Law of Diminishing Marginal Utility - Law of Equi-Marginal utility
d) Meaning of Indifference Curve- Approach to Indifference Curve Technique
e) Properties and Uses of Indifference Curve
f) Budget Line and Consumer’s Equilibrium.

30
Module IV Theory of Production

a) Meaning - Factors of Production

b) Theories of Production: Law of Variable Proportions – Law of Returns to Scale
c) Equal Product Curves – MRTS
d) Producer’s Equilibrium
e) Internal and External Economies and Diseconomies of Scale of Production.

Module V Cost and Revenue Analysis

a) Meaning – Functions -Concepts of Cost

b) Fixed Cost -Variable Cost -Total Cost Average Cost
c) Marginal Cost - Average Cost Curves -Derivation of SAC and LAC
d) Revenue Concepts - Total Revenue - Average Revenue and Marginal Revenue Curves
e) Relationship between Average Revenue and Marginal Revenue

Module VI Price and Output Determination Under Different Market Structure

a) Nature of Market -Structure – Characteristics of Market

b) Price and Output Determination - Perfect Competition, Monopoly, Duopoly

c) Oligopoly -Monopolistic Competition

d) Price Discrimination

e) Price Policy and Pricing Methods.

Module VII Principles – Money and Finance

a) Nature and Definition of Money-Concepts of Money

b) Function of Money - Demand for Money

c) Classical Approach: The Keynesian Approach

d) Public Finance- Source of Public Finance

e) Tax and Non-Tax Revenue- Characteristic of Good Tax System

f) Theories of Public Expenditure – Peacock -Wisemen Theory

g) Public Debt- Classification of Public Debt

31
Recommended Readings:
Books:
1. N. Gregory Mankiw (2007), Economics: Principles and Applications, 4th edition,
India edition by South-Western, a part of Cengage Learning, Cengage Learning India
Private Limited, ISBN-13:978-81-315-0577-9 (hereafter Mankiw, 2007, 4e).
2. Karl E. Case and Ray C. Fair (2007), Principles of Economics, 8th edition, Pearson
Education Inc., ISBN 81-317-1587-6.(hereafter Case & Fair, 2007, 8e).
3. Joseph E. Stiglitz and Carl E. Walsh (2006), Economics, International Student
Edition, 4th Edition, W.W. Norton & Company, Inc., New York, ISBN 0-393-92622-
2. (hereafterStiglitz& Walsh, 2006, 4e).
4. Ahuja H.L. (1996), Principles of Micro Economics, A New look at Economic Theory,
S.Chand, New Delhi.
5. Jhingan M. L, Macro Economic Theory, 10th Revised edition, 2002, ISBN 81-87125-
01-2, Vrinda Publication (P) Ltd, New Delhi.

Journal / Journal Articles:

1. Caplan, B., & Miller, S. (2012). Positive versus normative economics: What's the
connection? Evidence from the "Survey of Americans and Economists on the
Economy" and the "General Social Survey". Public Choice, 150(1/2), 241-261.
Retrieved March 31, 2020, from www.jstor.org/stable/41406877
2. Kauder, E. (1965). The Law of Diminishing Utility. In History of Marginal Utility
Theory (pp. 135-142). PRINCETON, NEW JERSEY: Princeton University Press.
DOI:10.2307 /j. ctt 183pkm1.16
3. Barucci, E. (1998). Optimal Investments with Increasing Returns to
Scale. International Economic Review, 39(3), 789-808. doi:10.2307/2527400
4. Turvey, R. (1969). Marginal Cost. The Economic Journal, 79(314), 282-299.
doi:10.2307/2230169
5. Lewis, M., &Widerquist, K. (2001). Marginal Analysis. In Economics for Social
Workers: The Application of Economic Theory to Social Policy and the Human
Services (pp. 15-24). New York: Columbia University Press.
doi:10.7312/lewi11686.5

32
Further Readings:
Books:
1. Stonier and Hague, A Text Book of Economic Theory, (1958), Long Mans Green
&Co., London.
2. Douglas B. Bernheim and Michael D. Whinston. (2009). Microeconomics, Tata
McGraw-Hill (India).
3. Hal R. Varian (2010). Intermediate Microeconomics: A Modern Approach, W.W.
Norton and Company/Affiliated East-West Press (India), 8th edition.
4. Joseph E. Stiglitz and Carl E. Walsh (2007). Economics, W.W. Norton & Company,
Inc., New York, International Student Edition, 4th edition.
5. Gregory N Mankiw (2007). Economics: Principles and Applications, India edition by
South Western, a part of Cengage Learning, Cengage Learning India Private Limited,
4th edition.
6. Sundharam KPM, M C Vaish, Principles of Economics-13th Revised Edition, Vikas
Publishing House Pvt Ltd.
7. Tyagi B.P Public Finance 5st Edition, Jai Prakash&co.
8. Dominick Salvatore Eugene. A Duilio, Principles of Economics, Edition 2017, Tata
McGraw Hill Publishing Company Ltd., New Delhi.
9. D.N. Dwivedi, 2000, Managerial Economics, Vikas Publishing House Pvt. Ltd., New
Delhi
10. Baumol, William J., 1995, Economic Theory and Operation Analysis, Prentice Hall of
India Pvt. Ltd., New Delhi.

Journal / Journal Articles:

1. Indian Journal of Economics
2. Economic and Political Weekly (EPW)
3. Kurukshetra and Yojana
4. Southern Economist
5. Indian Journal of Agriculture
6. Armstrong, M., & Vickers, J. (2001). Competitive Price Discrimination. The RAND
Journal of Economics, 32(4), 579-605. Retrieved March 31, 2020, from
www.jstor.org/stable/2696383

33
7. Frank, C. (1969). Substitution and Price Discrimination. In Production Theory and
Indivisible Commodities. (PSME-3) (pp. 50-63). PRINCETON, NEW JERSEY:
Princeton University Press. doi:10.2307/j.ctt183pr67.7
8. Lavoie, M. (1994). A Post Keynesian Approach to Consumer Choice. Journal of Post
Keynesian Economics, 16(4), 539-562. Retrieved March 31, 2020, from
www.jstor.org/stable/4538409
9. S. Kumarasundaram. (1986). India's Balance of Payment Prospects. Economic and
Political Weekly, 21(8), 335-336. Retrieved March 31, 2020, from
www.jstor.org/stable/4375360
10. Oum, T., Zhang, A., and Zhang, Y. (1993). Inter-firm Rivalry and Firm-specific Price
Elasticities in Deregulated Airline Markets. Journal of Transport Economics and
Policy, 27, 171–192.

Learning Outcomes:
After completion of the study students will be able to -
 Reliable the application of legal principles in the field of economics in the precise
manner, as a social engineer and uphold the goal of constitution to distribution of income
and wealth of nation to ensure welfare of each individual.
 Give the first-hand information about the market structure how resource allocate various
market situations and enable to change the decision making in accordance with global
scenario.
 Comprehend how to use limited means to present and retain for the future unlimited
wants and how the law can support and, at times conflict with, the functioning of the
market and the government, the other two important organising forces of an economy.
 Develop an inter-disciplinary approach and enhance the employability of students.

34
HBB0104: PRINCIPLES OF MANAGEMENT AND
ORGANIZATIONAL BEHAVIOR
Objectives of the Course
In this course, the students will learn to recognize the characteristics of proper management by identifying what
successful managers do and how they do it. Understand how manager’s work is just as beneficial for the
subordinate employee as it is for the manager. This course is designed to teach the fundamentals of
management as they are practiced today. This course will illustrate how management evolves as firms grow in
size. It is based upon the idea that the essential purpose of a business is to produce products and services in
order to meet the needs and wants of the marketplace. In this course, the students will explore the tasks that
today's managers perform and delve into the key knowledge areas that managers need to master in order to run
successful and profitable businesses.

COURSE OUTLINE
Module I: Introduction to Management
a) Introduction to Management - Primary Functions of Management
b) Types of Managers - Management Roles
c) History of Management - Scientific Management - Bureaucratic Management - Humanistic
Management
d) Current Developments in Management Practices
e) The Planning Cycle - Types of Plans and Common Planning Tools
f) Introduction to Strategic Management - Organizational Strategic Planning - Stages and Types
of Strategy - How Environment Affects Strategy

Module II: Decision Making

a) Introduction to Making Decisions in Different Organizations
b) The Decision Making Process - Rational Decision Making vs. Other Types of Decision
Making - Evidence-Based Decision Making
c) Using a Decision Tree - Group Decision Making
d) Introduction to Data and Managerialism in Decision Making
e) Using Data to Make a Decision - Big Data in Decision Making - Decision Making Tools
Module III: Organizational Structure
a) Introduction to Organizational Structures
b) Modern Organizational Design - Factors Impacting Organizational Design
c) Current Trends in Organization and Job Design –
d) Introduction to Choosing an Organizational Structure - Organic versus Mechanistic Models
e) Factors of an Organizational Structure - Organizational Structure and Success

35
Module IV: Control in the Workplace
a) Introduction to Control in the Business Setting
b) The Control Process
c) Levels and Types of Control
d) The Need for a Balanced Scorecard
e) Financial and Nonfinancial Controls

Module V: Introduction to Organizational Behavior

a) Definition of Organizational Behavior - Three Levels of Influence

b) Contemporary Issues - Telecommuting - Green Business Practices - Outsourcing - Workforce
Generations
c) Introduction to Personality and Behavior in the Workplace
d) Personality Traits - Personality and Behavior - Situational Influences on Personality
e) Introduction to Workplace Influence on Individuality - Individuality vs Conformity -
Individualized Management
f) Technology and Organizational Behavior

Module VI: Group Dynamics

a) Introduction to Group Dynamics - Types of Groups - Group Development - Group Structure -

Group vs. Individuals
b) Groups vs. Teams - Types of Teams - Creating Effective Teams - Team Players
c) Introduction to Theories of Group and Teamwork - Early Management Theories - Modern
Management Theories - Managing Teams Today

Module VII: Organizational Culture and Motivation in the Workplace

a) What is Organizational Culture? - Levels of Organizational Culture - External Factors of

Organizational Culture - Internal Factors of Organizational Culture - Developing and
Maintaining Culture - Workplace Design
b) Introduction to Motivation in Organizational Behavior - What is Motivation? - Individual
Components of Motivation - Work Components of Motivation - Organizational Components
of Motivation - Theories of Motivation - The Hawthorne Effect - Need-Based Theories -
McGregor’s Theory X and Theory Y - Herzberg's Two-Factor Theory –
c) Introduction to Motivation in the Workplace - Managerial Responses to Motivation -
Motivation in Different Cultures - Motivation in the Workplace

36
Module VIII: Conflict and Negotiation

a) Introduction to Conflict Management – Meaning of Conflict - Types of Conflict - The

Conflict Process - Conflict Management Styles - Sources of Conflict in an Organization -
Conflict Management
b) Introduction to Negotiation - Negotiation vs. Conflict Management - Stages of Negotiation -
Types of Negotiating Strategies - Issues in Negotiation - Third-Party Negotiations.

Recommended Readings:
Books:
1. Prasad, L. M.(2019). Principles and Practice of Management. New Delhi: Sultan Chand and
Sons.
2. Drucker, P. F. (1991). The Practice of Management. Ahamadabad: Allied Publishers.
3. Tripathi, P. C., and Reddy, P. N. (2017). Principles of Mnagement. New Delhi: Tata McGraw
- Hill. 6th Edition
4. Nair, S. R. (2008). Organizational Behaviour. New Delhi: Himalaya Publishing House.
5. Prasad, L.M. (2007). Organizational Behaviour. New Delhi: S. Chand & Company.

Journals/Journal Articles:
1. Newburry, W., Deephouse, D. L., &Gardberg, N. A. (2019). Global Aspects of Reputation
and Strategic Management', Global Aspects of Reputation and Strategic Management
(Research in Global Strategic Management, Volume 18).
2. Bonacchi, M., Marra, A., &Zarowin, P. (2019). Organizational structure and earnings quality
of private and public firms. Review of Accounting Studies, 24(3), 1066-1113.
3. Henri, J. F., &Wouters, M. J. (2017). Coexistence of management control practices and
successful product innovation.
4. Hough, L., &Dilchert, S. (2017). Personality: Its measurement and validity for employee
selection. In Handbook of employee selection (pp. 298-325). Routledge.
5. Kundu, S. C., Mehra, L., &Mor, A. (2017). Effect of Diversity Management on Employees
Intention to Quit: Mediating Role of Employee Motivation. Journal of Strategic Human
Resource Management, 6(3), 17.

Further Readings:
Books:
1. Morden, T. (2017). Principles of management. Routledge.
2. Rothaermel, F. T. (2016). Strategic management: concepts (Vol. 2). McGraw-Hill Education.
3. Berry, A. J., Broadbent, J., &Otley, D. T. (Eds.). (2016). Management control: theories,
issues and practices. Macmillan International Higher Education.
4. Wallensteen, P. (2018). Understanding conflict resolution. SAGE Publications Limited.
5. Barry, N. (2016). Business ethics. Springer.

37
Journals/Journal Articles:
1. Weichhart, G., Molina, A., Chen, D., Whitman, L. E., &Vernadat, F. (2016). Challenges and
current developments for sensing, smart and sustainable enterprise systems. Computers in
Industry, 79, 34-46.
2. Strobl, A., Niedermair, J., Matzler, K., &Mussner, T. (2019). Triggering subordinate
innovation behavior: the influence of leaders’dark personality traits and level 5 leadership
behavior. International Journal of Innovation Management, 23(05), 1950045.
3. Cascio, W. F., &Montealegre, R. (2016). How technology is changing work and
organizations. Annual Review of Organizational Psychology and Organizational Behavior, 3,
349-375.
4. Klonek, F. E., Quera, V., Burba, M., &Kauffeld, S. (2016). Group interactions and time:
Using sequential analysis to study group dynamics in project meetings. Group Dynamics:
Theory, Research, and Practice, 20(3), 209.
5. Klug, M., &Bagrow, J. P. (2016). Understanding the group dynamics and success of
teams. Royal Society open science, 3(4), 160007.
6. Arditi, D., Nayak, S., &Damci, A. (2017). Effect of organizational culture on delay in
construction. International Journal of Project Management, 35(2), 136-147.
7. Sekhar, C., Patwardhan, M., & Singh, R. K. (2016). Prioritising the dimensions of employee
motivation using analytic hierarchy process. International journal of business and emerging
markets, 8(1), 49-66.
8. Van Gramberg, B., Teicher, J., Bamber, G. J., & Cooper, B. (2017). A changing world of
workplace conflict resolution and employee voice: An Australian perspective.

Learning Outcomes

After completion of this course, the students will be able to -

 Describe the primary functions of management and the roles of managers.
 Identify common organizational structures, discuss organizational culture, and benefits of
diversity.
 Recognize the importance of employee motivation and how to promote it and explain group
and team dynamics within organizations.
 Describe the methods of encouraging ethical behavior and the laws encouraging good
corporate practices and the methods and need for control within an organization.

38
HLC0101: INTRODUCTION TO LAW, LEGAL SYSTEMS & LEGAL
RESEARCH

Objectives of the Course:

Introduction to Law, Legal Systems and Legal Research as a field of knowledge is essentially
taught to the beginners of law. Contextually, it concentrates on the foundational dimensions
of law at an introductory level. The core areas of dissemination include the role of law in
human life and welfare, definitional elements of law, conceptual insights on legal
terminologies and maxims, classification of law, basic views on legal systems, studying and
interpreting legislations, understanding decisional law and fundamentals of legal research
and methodology. The course work will be skill based. Enquiry cum learning by doing based
approach is adopted to facilitate the students to imbibe intellectual abilities, self-evaluation
and working culture towards accessing the teacher and law library. In sum, the course work
ensures the transformation of a trainee into a student of law (ethical and knowledge
dimensions). Importantly, the subject and related learning experience lays the platform for
the students to evolve systematically towards the realisation of intellectual excellence in law.

COURSE OUTLINE

Module I: Introduction to Law, Classification and Legal Systems

(a) Role of Law in Human Life and Welfare-Characterisation of Law-Classification of
Law;
(b) Basic Concepts in Legal Philosophy-Ancient Indian Legal Thought-Continental Law-
Common Law-Comparative Laws-Notion of Public and Private Laws;
(c) Principle based Approaches-Understanding Legal Terminologies and Maxims.

Module II: Skills to Learn Law and Methods of Legal Reasoning

(a) Art of Questioning-Intellectual Enquiry-Developing Critical Thinking-Language
Usage Skills;
(b) Skills of Interpretation-to read, to write, deduce the hidden assumptions and test its
accuracy-Texts of and about the Law-Improving Legal Insights on Contemporary
Social Problems;
(c) Methods of Legal Reasoning-Logic-Inductive and Deductive Reasoning-Analysis-
Legal Fictions-Assumptions.

Module III: Understanding Legislations

(a) Defining Statute Law-Kinds of Statutes-Legislative Drafters-Legal Writing and
Legislative Drafting;
(b) Stages of Legislative Drafting-Elements of Legislation-Principles of Legislation-
Schools of Interpretation-General Clauses Act, 1897.

39
Module IV: Judicial Methods
(a) Defining Justice-Concept of Dharma-Judicial Behaviour-Judicial Activism-
Components of Judgment-Doctrine of Reasoned Decisions-Identifying ratio
decidendi;
(b) Judges make or declare Law-Hierarchy of Courts in India-Supreme Court-High
Courts-District & Sessions Court-Metropolitan Courts-Subordinate Courts and Judges
along with classifications.
Module V: Fundamentals of Legal Research and Methodology
(a) Defining Research and Legal Research-Qualities of Legal Researcher-Doctrinal and
Non-Doctrinal Modes of Research-Drafting Synopsis-Basic Components;
(b) Principles of Date Collection-Modes of Data Collection-Questionnaire-Interview-
Survey-Sampling-Statistical;
(c) Research Manual-Utilising Law Library-Information Communication Assisted Legal
Research-Multi-Disciplinary Approaches.
Module VI: Legal Education, Legal Ethics and Law Reforms
(a) Salient Reports on Legal Education-Prof. Radhakrishnan Report on Reforms on
Higher Education;
(b) Introduction to Legal Ethics-Select Reports of the Law Commission of India.
Recommended Reading
Books
1. V.C.R.A.C. Crabbe (1993), Legislative Drafting, Cavendish Publishing: United
Kingdom.
2. Subhash C.Kashyap (1994), Our Constitution: An Introduction to India’s Constitution
and Constitutional Law, National Book Trust of India: India.
3. John Trayner (1998), Latin Maxims, W. Green/Sweet & Maxwell: United Kingdom.
4. Sharon Hanson (1999), Legal Method, Cavendish Publishing: United Kingdom.
5. S.K. Vermaand M. Afzal Wani (Editors) (2001), Legal Research and Methodology,
Indian Law Institute:India.
Further Reading
1. UpendraBaxi (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. V.C.R.A.C. Crabbe (1994), Understanding Statutes, Cavendish Publishing: United
Kingdom.
4. A.G. Noorani (2011), Challenges to Civil Rights Guarantees in India, South Asia
Human Rights Documentation Centre, Oxford University Press: India.
5. Ian McLeod (2013), Legal Method, Macmillan Law Masters, Red Globe Press:
United Kingdom.

40
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. UpendraBaxi (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. Duncan Berry (1997), Techniques for Evaluating Draft Legislation, The Loophole:
Published by Common Wealth Association of Legislative Counsel,PP. 31-47.
8. S.P. Sathe (2001), Judicial Activism: Indian Experience, Washington University Journal
of Law & Policy, Vol. No. 6, PP. 29-109.
9. Ruth Sullivan (2001), The Promise of Plain Language Drafting, McGill Law Journal,
Vol. No. 47, PP. 97-128.
10. Justice D.M. Dharmadhikari (2002), Nature of Judicial Process, Vol. No. 6, Issue No. 1,
Supreme Court Cases.
Cases for Guidance
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. BanduaMuktiMorchav.Union of India, AIR 1984 SC 802.
4. U.P. BhoodanYagnaSamiti v. Braj Kishore & Others, AIR 1988 SC 2239.
5. ParamanandKatara v. Union of India, AIR 1989 SC 2039.
6. State of Karnataka v. AppaBaluIngale 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. Harish Uppal (Ex-Capt.) v. Union of India, AIR 2003 SC 739.
21. Sakshi v. Union of India, AIR 2004 SC 3566.
22. Jameel v. State of Maharashtra, AIR 2007 SC 971.
23. Suchita Srivastava& Another v. Chandigarh Administration, AIR 2010 SC 235.
24. In Re: Networking of Rivers (2012) 4 SCC 51.

41
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 ADRetc”.
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 systematically evolve as a legal mind, to earn intellectual self-respect and
eventually, contribute to mankind and other creations.

42
FIRST YEAR
II-SEMESTER
HBB0205: LEGAL LANGUAGE AND COMMUNICATION
English II
Objectives of the Course
The course objective is to train the students to acquire effective communication skills including legal
jargon. The students are given an understanding of various types of correspondence, writing reports,
minutes, office order, etc. The modern forms of communication and the way it can be used for
business purpose is also covered in this paper. Linguistics and Phonetics help in good articulation
with intonation and rhythm in the spoken skills and increasing the word hoard both literal and legal
for effective written skills. Students are introduced to the various clauses, phrases, syntax, and
nuances of legal terminology in the interpretative context.

COURSE OUTLINE
Module I: Phonology and Morphology
a. Use of English and its Significance for Communication in Indian Legal Context (in the
Supreme Court, High Courts and Various Tribunals)
b. Correct Pronunciation-Speech Sounds, Word Stress and Intonation
c. Structure of Words
d. Processes of Words Formation (Examples from Law)
Module II: Semantics and Role of Meaning in Law
a. Concept of Meaning
b. Types of Meaning (Denotative, Connotative, Social, Emotive, Reflected, Collative and
Thematic )
c. Semantic Ambiguity
d. Components and Contrasts of Meaning- Synonyms, Antonyms and Hyponym and their
Significance in Legal Language (focus on examples)
e. Lexical Relations- Homographs, Homophones and Polysemy and their Significance in Legal
Language (focus on examples)
Module III: Composition Skills
a. Report Writing
b. Précis Writing
c. Notices of General Nature
d. Essay Writing on Legal Topics
e. Translation:
 Definitions of Translation and its Nature
 Techniques of Translation
 The Significance of Translation in Law

43
Module IV: Understanding the Law
a. Defining Law
b. Meaning of Act, Bill, Custom, Law, Laws, Morality, Ordinance, Precedents, Rule, Statute
c. Nature of Law
d. Classification of Laws- Municipal Law and International Law, Public and Private Law, Civil
Law and Criminal Laws
e. Interpreting Law and Role of Language in Interpretation (Use of Definitions, Meanings of
words, literal meaning and contextual meaning)
f. Etymology, Significance, Meaning and Usage of Legal Terms in Procedural, Civil and
Criminal Laws- Legal Terms (Appendix I)
Module V: Foreign Terminology in Law
a. Use of Foreign Terms in Legal English- the Origin of Law and Reasons for their Use
b. Foreign Words (Appendix II)
c. Legal maxims (Appendix III)
Module VI: Use of Language in Drafting
a. Use of Legal Language and its significance in drafts (Sale Deed, Gift Deed, Release Deed,
General Power of Attorney and Will)
b. Use of Legal Language in Drafting in Legal Notices (Notice to Tenant on behalf of Landlord
and vice versa and Notice to Husband on behalf of Wife and vice versa)
Module VII: Advocacy Skills
a. Meaning of Advocacy
b. Advocacy as an Art
c. Qualities of Lawyers (Good voice, Command of Words, Confidence, Practical wisdom etc)
d. Use of Rhetoric- Figures of Speech (Euphemism, Hyperbole, Irony, Metaphor, Paradox,
Simile, Synecdoche and Understatement)
e. Etiquettes and Manners for Law Professionals
f. Client Counselling and Interviewing
Module VI: Logical Reasoning for Legal Learners:
a. General principles of Logic
b. Deductive Logic and Inductive logic
c. Proposition- Kinds and Types of proposition.
d. Four-fold classification and its significance.
e. Syllogism – Structure and Rules of Syllogism – Fallacies - Distribution of Terms and
importance of Middle term.

44
APPENDIX: I

List of Legal Terms:

1. Accomplice 19. Equity 39. Partition
2. Adjudication 20. Evidence 40. Plaintiff
3. Adjournment 21. Execution 41. Power of attorney
4. Admission 22. Fraud 42. Proof
5. Affidavit 23. Hearsay 43. Proof
6. Amendment 24. Homicide 44. Redemption
7. Approver 25. Injunction 45. Remedy
8. Breach of 26. Issue 46. Settlement
Contract 27. Judgement 47. Summons
9. Capital 28. Jurisdiction 48. Surety
Punishment 29. Liability 49. Tenant
10. Coercion 30. Licence 50. Title
11. Compromise 31. Maintenance 51. Transfer
12. Consent 32. Malafides 52. Tresspass
13. Counter Claim 33. Minor 53. Trial
14. Damages 34. Murder 54. Trust
15. Defamation 35. Necessaries 55. Usage
16. Defence 36. Negligence 56. Vakalat
17. Deposit 37. Oath 57. Verdict
18. Distress 38. Obscene 58. Waiver

APPENDIX II
List of Legal Terms:
Ab initio Perjury
Ad hoc Privity
Ad-Idem Proviso
Advalorem Quid Pro quo
Affidavit Quo Warranto
Amicus Curiae Resjudicata
Bona-fide Sine-die
Cur.advelt Tort
Cerciorari Trespass
De-facto Ultra-vires
De-jure Usage
Equity Vakalat
Ex-parte Vis-Major
Habeas Corpus Void
Homicide Voidable
In Camera Waiver
In-forma Pauperis
In-Limine
Magna Carta
Malafides
Mandamus
Partition
Persona designate

45
APPENDIX: III

List of Latin Legal Maxims:

1. ActioPersonalisMoritur Cum Persona
2. Actus Non FacitReum, Nisi Mens, Sit, Rea
3. Audi AlteramPartem
4. Damnum Sine InjuriaEssePotest
5. Delegatus Non Potest Delegate
6. Ex NudoPacto Non OrtiurActio
7. Ex TurpiCausa Non Ortiur Action
8. Falsus In Uno Falsus in Omnibus
9. IgnorantiaFacitExcusactIngorantiaJuris Non Excusat (Ignorance
LegisNeminemExcusant)
10. In Jure Non RemotaCausa, SedProximaSepectatus
11. InjuriaSimeDamno
12. NemoDat Quod Non Habet
13. Novus Actus (or Causa) Interveniens
14. Qui Facit Per AliumFacit Per Se
15. Res Ipsa Loquitur
16. Respondeat Superior
17. Rex Non PotestPeceare
18. SalusPopuli Supreme Lex
19. Sic Utero TuoUtAlienum Non Leadas
20. Ubi Jus Ibi Idem Remedium (Or) Ubi Jus IhiRemedium
21. Ut Res MagisValeatQuamPereat
22. Volenti Non Fit Injuria

1) Bovee, Thill, Schatzman- Business Communication Today

2) Penrose, Rasbery, Myers - Advanced Business Communication
3) Simon Collin - Doing Business on the Internet
4) Mary Ellen Guffey, Business Communication-Process and Product.
5) David Annousamy - The Language Riddle. 5th Edition. Sterling Publication, 2009.
6) Williams, Glanville. Academic Writing.Routledge New York: 2008.

7) David Annousamy, Academic Writing.Routledge New York: 2006.

Journals for Further Readings:

 Language and Intercultural Communication.
 Language and Speech.
 International Journal of Bilingualism.
 Journal of International Communication-Research Gate.
 Journal of Communication Management.

Web Sources:
https://www.latestlaws.com/library/legal-maxims/

https://www.lawsociety.org.uk/for-the-public/legal-glossary/

https://www.justice.gov/usao/justice-101/glossary

https://www.marketing91.com/five-types-of-communication/
https://davidappleyard.com/english/vocabulary.htm

https://literarydevices.net/figure-of-speech/

47
Learning Outcomes
 Students would get basic knowledge of effective communication skills in English much
needed for legal practice.
 Proper exposure to court room punctilios including selection of diction for drafting
and presentation of arguments.
 Exposition of enacted laws from the perspective of linguistic complexities would
strengthen the students in appreciation of invariable use words including personal
pronouns (he includes she, use of may for shall and impact of improper juxtaposition
of words.
 Advanced tutorship of verbal communication, drafting and composition exercises
would add to the efficacy of the course in the law school parlance.
 For the beginners and budding lawyers introduction to innovative interpretative
approaches in understanding the law from the perspective of linguistic communicative
deficiencies is a boon for the courses in law in the coming four years in the law
school.

48
HBB0206: MOBILE COMMERCE
Objectives of the Course
M-Commerce can be used as any electronic commerce activity conducted over a wireless
network through mobile devices. It includes such as buying and selling of goods, provision of
services and information, online transactions etc. The main ideas behind M-Commerce are to
enable various applications and services available on the internet to portable devices. Mobile
Phones, Tablets, Laptops etc., to overcome the constraints of a desktop computer, M-
Commerce aims to serve all information and material needs of the people in a convenient and
easy way.
COURSE OUTLINE
Module 1: Mobile commerce Basics
a)Introduction to mobile commerce - Mobile Frame Work - Mobile commerce Business
models
b)Payment Model, Advertiser Model, Shopping Model - M –Commerce Application - E-
commerce (vs) M-Commerce
c)Types of M-commerce services-Mobile portal -Mobile Commerce Applications
d)Mobile Banking, Mobile Payments -Mobile commerce development.

Module II: Mobile Commerce Applicationsand Technology

a)Financial sector -Retail sector-Telecommunication sector
b)Entertainment sector-Mobile application development - Mobile commerce Technology -
Wireless and mobile communication systems
c) Satellite communication - Mobile communication systems – Broadband Technology,
Wireless Broadband Internet, WAP

Module III: Mobile Devices and Access Systems

a)Types of Mobile Devices - Mobile Computers- Mobile Internet Device (MID)
b) Personal Digital assistance (PDA) - Portable Media Player- Tablet- Mobile phone –
Mobileservice providers.-Mobile access technology
c)M-mobile communication standards - Education of M-commerce systems– Evolution of M-
commerce Systems

Module IV: Mobile Products

49
a) Mobile Banking- Business modules- Mobile Banking Technologies
b) Mobile Banking services- Advantages of Mobile Banking- Challenges and Application of
Mobile Banking - Tickets on Mobile
c) Privacy and Security Issues- Ticketing Apps - Providers.

Module V: Mobile Payment

a)Characteristics of Mobile payment systems - Mobile Payment Models-Types of mobile
Payments
b)Bank Centric Model, Operating Centric Model, Collaboration Model, Peer – To – Peer
Model
c)Types of Mobile Payment - Security Issues- Mobile Payment Service Providers.

Module VI : Mobile Security

a)Mobile security concepts - Mobile security mechanism – Encryption, Digital Signatures
b)Digital Certificates,PKT, Firewalls, Proxy Servers- Mobile network security
c)Mobile information security - Mobile device security - Mobile application security -
Precautionary Measures – Mobile Security Management

Module VII: Legal Aspects

a)Mobile Device Related Laws - Mobile Phone Tapping, Mobile Copy Write Law, Mobile
forensics
b)Mobile Phone and Driving Safety, Mobile Surveillance and Tracking, Mobile Usage in
Aircrafts, Mobile Devices and Health Hazards
c) Cell Phone freedom Act 2010 - Information Technology Act 2000 of India - Privacy and
Electronic Communication Regulation Act 2003 - Future of Mobile Commerce.

Recommended Readings:
Books :
1. E.BrianMennecke, J.TroyStrader, “Mobile Commerce: Technology, Theory and
Applications”, Idea Group Inc., IRM press, 2003.
2. KarabiBandyopadhyay, “Mobile Commerce”, PHI, Learning Pvt. Ltd.,
3. Suman. M, Divakara Reddy. N, “Advanced E-Commerce & Mobile Commerce”, Mumbai,
Himalaya Publishing House Pvt. Ltd., 2015.

50
4. E-Commerce And Mobile Commerce Technologies, Dr.U.SPandey, Er. SaurabhShukla,S.
Chand and Company Ltd
5. Mobile Commerce: Technology, Theory and Application Troy J.Strader , Premier
Reference source
Journals/Articles:
1. Precise Positioning of Marketing and Behavior Intentions of Location-Based Mobile
Commerce in the Internet of Things Yao-Te Tsai 1 ,Shu-Ching Wang 2,*, Kuo-Qin Yan 2,*
and Chih-Ming Chang
2. Mobile commerce: Promises, challenges and research agenda ,Keng SIAU.
3.The Role of M-Commerce Readiness in Emerging and Developed Markets, by Abdul
4. Investigating determinants of brand equity in mobile commerce by Pour, Mona Jamiy
5.Moving from Wired e-Commerce to Mobile e-Commerce and U-Commerce by
Tawfik Jelass, Francisco J. Martínez-López

Further Readings:
Books:
1. M-Commerce: Technologies, Services, and Business Models by Norman Sadeh.
2. Mobile Commerce:Opportunities,Applications and Technologies of Wireless Business,
Paul May,1st edition.
3. Mobile Commerce: Concepts, Methodologies, Tools, and Applications, Kijpokin
4. E-Commerce and M-Commerce Technologies, P. Candace Deans
5. Mobile Commerce Application,Nansi Shi
6. E-Commerce: An Indian Perspective,P. T. Joseph,PHI Learning
7. .E-Business and E-commerce Management by Dave Chaffey.
8. Mobile Communications, Second Edition by Jochen Schiller
9. Frontiers of Electronic Commerce, Book by Andrew B. Whinston and Ravi Kalakota
10. E-Commerce: Strategy, Technologies and Applications, Book by David Whiteley.

51
Journals and Articles:
https://www.investopedia.com/terms/m/mobile-commerce.asp
https://www.tutorialpoint/m-commerce
http:// www.salesforce.com/in
htttp:// www.microtrategy.com
https://www.sciencedirect.com/science/article

Learning Outcome
After completion of the course students will be able to -
 Knowledge on buying and selling of goods, provision of services and information,
online transactions etc.,
 Enable various applications and services available on the internet to portable
devices.
Serve all information and material needs of the people

52
HBB0207: BUSINESS COMMUNICATION
Objectives of the Course
Make students learn how to effectively communicate in business, with an emphasis on the use
of these skills as a manager. To introduce important elements of successful communication,
providing examples of effective communication and providing students opportunities to
practice the same. To familiarize on essentials of communication includes professional
writing, visual aids, presentations, speeches, phone and online communication, and both
getting hired and finding new hires.

COURSE OUTLINE

Module I: Communicating in Business

a) Introduction to Effective Communication in Business - The Business Audience

b) Introduction to Methods of Communication - Listening
c) Verbal and Nonverbal Communication - Cross-cultural Communication - Formal
communication – Informal communication – Grapevine communication
d) Introduction to Ethics in Business Communication
e) Guidelines for Ethical Communication - Being Ethical Online

Module II: Visual Media

a) Introduction to Media and Message - Using Visual Media Resources - Visual Design
Principles
b) Introduction to Images - Images Overview - Using Images for Impact - Using Images
Legally
c) Introduction to Charts, Diagrams, and Graphic Organizers - Tables, Charts, and
Infographics - Matching Graphics and Objectives - Placement, Style, and Coloring -
Captions and Titles
d) Introduction to Contemporary Visual Aids - Video as a Visual Aid - Designing a Video -
Products and Resources for Creating Videos
e) Introduction to Using Visuals - Visuals in a Report - Increasing Impact with Media -
Revising and Enhancing Visual Media for Impact - Evaluating the Effectiveness of your
Message

53
Module III: Reports

a) Introduction to Business Reports - Types of Reports - Stakeholders

b) Introduction to Informal Reports - Using Informal Reports - Organizing an Informal Report
- How to Write an Informal Report
c) Introduction to Formal Reports - Sections of Formal Reports - Front Sections of a Report -
Body Sections of a Report - Back Matter - Organization of Formal Reports - How to Write
a Formal Report

Module IV: Public Speaking

a) Introduction to Effective Public Speaking - Benefits of Public Speaking - Audience

Expectations - Developing an Effective Speech
b) Introduction to Delivery Techniques - Starting the Speech - Body Language and Gestures
c) Introduction to Audience Engagement - Audience Attention and Rapport - Audience
Participation
d) Introduction to Speech Tips and Techniques - Overcoming Fears and Anxiety - Pro Tips

Module V: Developing and Delivering Business Presentations

a) Introduction to Visual Aids - Presentation Tools and Visual Aids

b) Introduction to Using Microsoft PowerPoint - New Presentations - Editing and Enhancing a
PowerPoint Presentation - Visuals: Images, Videos, and Objects
c) Introduction to Using Google Slides - Creating and Organizing Presentations - Text Boxes
and Themes - Images, Videos, and - Arranging Objects
d) Introduction to Making a Presentation for a Meeting - Parts of a Good Presentation - What's
my Presentation About - Bad Presentations - Making a Presentation for a Meeting

Module VI: Communicating Through Technology

a) Introduction to Communication Tools - Audio Communication - Video Communication -

Online Communication - Comparing Communication Tools
b) Introduction to Scheduling a Meeting - Polling Tools - Scheduling Tools - Using
Scheduling Platforms
c) Introduction to Scheduling Remote Meetings - Using Technology for Meetings -
Scheduling Remote Meetings
d) Introduction to Video Conferences - Using Video in Business - One-on-One Video Calls -
Group Video Calls - Video Meetings

54
e) Introduction to Web Sharing - Using Web Sharing in Business - One-on-One Web Sharing
Calls - Group Web Sharing Calls - Web Sharing Meetings
f) Introduction to Common Social Media Platforms - Facebook - Instagram - Twitter -
YouTube
g) Introduction to Additional Social Media Platforms - LinkedIn - Pinterest - Snapchat -
Google Plus

Module VII: Communicating Different Messages

a) Introduction to Informative Business Messages - Short Informative Messages - Long

Informative Messages
b) Introduction to Team-Focused Messages - Short Team-Focused Message - Long Team-
Focused Message
c) Introduction to Professional Criticism - Types of Criticism - Criticism of Other
Businesses- Criticism of Customers - Criticism of Employees - Criticism of Colleagues
d) Introduction to Responding to Criticism - Responding to a criticism - Remaining
Professional When Frustrated - Short Responses to Criticism - Long Responses to
Criticism

Module VIII: Collaboration In and Across Teams

a) Introduction to Team Communication in the Workplace - The Value of Teams in Business

Communication - Teams and Team Dynamics - Group Communication Networks -
Conflict Resolution
b) Introduction to Collaborative Projects - Decision Making In Groups - Tools for
Communicating with Groups - Collaborative Writing
c) Introduction to Workplace Etiquette - Interaction in the Workplace - Company Events
Recommended Readings:
Books:
1 Scot Ober. (2005) Contemporary business communication, fifth edition, biztantra.
2 Lesiler&Flat lay, Basic Business communication. Tata McGraw Hill. M.B.A. Hospital
Management – 2015-16 onwards – CCII Annexure No.72A
3 Raman, M., & Sharma, S. (2015). Technical communication: Principles and practice.
Oxford University Press.

4 Scott Goodson, Brand Building for Law Firms, forbes, June 11,2011

5 Bovée, C.L., Thill, J.V., &Raina, R. L. (2016). Business communication today. Pearson
Education India.

55
Journals/Journal Articles:
1. Coffelt, T. A., Baker, M. J., & Corey, R. C. (2016). Business communication practices from
employers’ perspectives. Business and Professional Communication Quarterly, 79(3), 300-
316.
2. Pikhart, M. (2017). Managerial communication and its changes in the global intercultural
business world. In SHS Web of Conferences (Vol. 37, p. 01013). EDP Sciences.
3. Loglia, J. M., & Bowers, C. A. (2016). Emoticons in Business Communication: Is the:) Worth
it?. In Emotions, technology, and design (pp. 37-53). Academic Press.
4. Argenti, P. A. (2017). Strategic communication in the c-suite. International Journal of
Business Communication, 54(2), 146-160.
5. Veldeman, C., Van Praet, E., &Mechant, P. (2017). Social media adoption in business-to-
business: IT and industrial companies compared. International Journal of Business
Communication, 54(3), 283-305.

Further Readings:
Books:
1. Hynes, G. E., &Veltsos, J. R. (2018). Managerial communication: Strategies and
applications. Sage Publications.
2. Leathers, D. G., & Eaves, M. (2015). Successful nonverbal communication: Principles and
applications. Routledge.
3. Carroll, C. E. (Ed.). (2015). The handbook of communication and corporate reputation.
John Wiley & Sons.
Journals/Journal Articles:
1. Escobar-Rodríguez, T., &Bonsón-Fernández, R. (2017). Facebook practices for business
communication among fashion retailers. Journal of Fashion Marketing and Management: An
International Journal.
2. Sanina, A., Balashov, A., Rubtcova, M., &Satinsky, D. M. (2017). The effectiveness of
communication channels in government and business communication. Information
Polity, 22(4), 251-266.
3. MacDermott, C., & Ortiz, L. (2017). Beyond the business communication course: A historical
perspective of the where, why, and how of soft skills development and job readiness for
business graduates. IUP Journal of Soft Skills, 11(2), 7-24.
4. Peña-Acuña, B., &DelHenar Sánchez-Cobarro, P. (2017). Socio-emotional skills and business
communication. Procedia-Social and Behavioral Sciences, 237, 914-918.
5. Apparaju, H. (2016). How effective are the persuasive and other communication abilities of
MBA students in India: Implications for business communication courses. IUP Journal of
Soft Skills, 10(3), 24.

56
6. Haylett, C. (2016). Use of social media for teaching online courses and enhancing business
communication skills at the university level: Can this really be done?. International Journal
of Online Pedagogy and Course Design (IJOPCD), 6(4), 71-85.

Learning Outcomes
After completion of the course, students will be able to -
 Make effective Communication in Business and understand different processes and
considerations involved in writing in business
 Use traditional and online tools and methods to find, evaluate, and process information
including visual media and create various types of business reports
 Make effective public speaking and presentation using slides and other visual aids; and
organize and participate in meetings using phone and video conferencing tools and social
media
 Identify ways to collaborate in business within a team and across multiple teams

57
HLC0202: Legal and Constitutional history

Objectives of the Course:

The course is a foundation course for constitutional law paper. It traces the development of
the legal system and judiciary from the ancient period through the advent of Britishers upto
the framing of a constitution of the Independent India. The detailed discussion of legal and
judicial system in India during different regime and the changing structure, are given in
detail, an understanding of which is of vital importance to a law student.
COURSE OUTLINE
Module I
Ancient Period
a) Ancient Sources of Law : Vedic Texts, Brahmanas, Sutras (Kalpa and Dharma),
Dharma Shastra, Arthashastra – Custom as source of law – Thinkers - Manu,
Brihaspati, Yajnavalkya, Narada, Katyayan
b) Judicial System and Types of court: Pratishita, Apratishta, Mudrita, Sasita, Guilds,
Panchayats, Kantakasodhana, Dharmasthiyaa – Procedures: Appointment of judges,
c) Crimes and Punishments- Investigation, Trial, Witness, Pleaders, Role of judges,
Secret agents, wergild and Punishment – Classification of disputes- Drawbacks of
judicial administration in Hindu Sastras .

Module II
Legal system in South India
a) Legal system in Sangam text – Legal code by Thirukkural – Legal system during
Pallavas, cholas, Pandyas
b) Legal system during Nayaks – Courts during Nayak period - Village Court -Special
Court, and Temples Court.

Module III
Judicial system in Medieval India.
a) Sources of Islamic Law: Sharia and Hadis – Salient features of Islamic Criminal Law
– Judicial organization: King, Chief Qazi, Judicial Officers, Investigative Process and
Punishments.
b) Court System in Mughal empire ; Classification of Courts during Mughal rule, Court
at Capital, Provincial court,District Courts, Parganah’s Court, Village Courts.
c) Crime and punishment in Mughal administration – Law with regard to non-Muslims –
Evolution of Judicial Setup – Changes introduced by Akbar – Drawbacks in Muslim
administration of Justice.

Module IV
Advent of British- Legal and constitutional changes
a) Administration of Justice and developments of courts and Judicial institutions in the
Presidency Towns of Madras, Bombay and Calcutta from 1600-1726- Mayor’s Court

58
at Madras; (Cases-Pagoda oath case, Mayor Naish re-election case,Mayor and
Secretary betting case- Bombay; Arab Merchant’s case and Hindu woman’s case).
b) Charters of the East India Company: 1600, 1661, 1726 and 1753 –Courts: Mayor’s
Court of 1726 and Supreme Court of 1774 (Cases-The trial of Nanda Kumar -
1775,Case of Kamaluddin 1775, The Patna case 1777-1779, The Cossijuraj case) -
The Settlement Act of 1781.
c) Warren Hastings plans 1772, 1774 and 1780 – Judicial Measure of Cornwallis- 1787,
1790 &1793.
d) Working of the Adalat system- Pitts India Act of 1784- Charter Act of 1793.

Module V
Legislative changes in the 19th century.
a) Development of Law in Presidency Towns –: Charter of 1833 1813,1833, 1853,
Government of India Act of 1858. Indian Councils Act-1861 & 1892.
b) Privy Council: Appeals and working of Privy Council its Jurisdiction- Abolition of
the Jurisdiction of Privy Council, Appraisal of Privy Council.
c) Establishment of High Courts 1861 as the highest court of appeals.

Module VI
Pre-Constitutional History
a) Minto Morley Reforms 1909– Montague Chelmsford Reforms 1919 – Introduction of
Dyarchy in provinces -Simon commission 1927– Nehru Report 1928.
b) The Government of India Act, 1935 – Cripps mission 1942– Cabinet Propsal 1946 –
Mountbatten Plan- Interim Government.
c) Partition of India - Indian Independence Act 1947- Formation of the Constituent
Assembly -The working of Constituent Assembly of India – Adoption of the British
model of parliamentary government – Adoption of the Indian Constitution.

Recommend Readings:
Books :
1. Jain, M. P., Patnaik, G. B., Das, Y., Das, R., &Tiwary, A. K. (2014). Outlines of
Indian legal and constitutional history. LexisNexis.
2. Jain, M. P. (2017). Outlines of Indian legal history. NM Tripathi Private Ltd. agency
3. Paranjape, N. V. (2006). Indian Legal and Constitutional History. Central Law
Agency.
4. Kulshreshtha, V.D., Landmarks in Indian Legal and Constitutional history, Eastern
Book Company.
5. Mittal, J. K. (1982). Indian Legal Et Constitutional History. Allahabad Law Agency.

59
Journals:
1. Frickey, P. P. (1993). Marshalling Past and Present: Colonialism, Constitutionalism,
and Interpretation in Federal Indian Law. Harvard Law Review, 381-440.
2. Webster, A. (1990). The political economy of trade liberalization: the East India
Company Charter Act of 1813. Economic History Review, 404-419.
3. Ehrlich, J. (2018). The Crisis of Liberal Reform in India: Public opinion,
pyrotechnics, and the Charter Act of 1833. Modern Asian Studies, 52(6), 2013-2055.
4. Muldoon, A. (2016). Empire, Politics and the Creation of the 1935 India Act: Last
Act of the Raj. Routledge.
5. Galanter, M., & Robinson, N. (2013). India's Grand Advocates: a legal elite
flourishing in the era of globalization. International Journal of the Legal
Profession, 20(3), 241-265

Further Readings:

Books:
1. Sharma, G. S. (2015). Educational Planning: Its Legal and Constitutional
Implications in India. Indian Law Institute, New Delhi.
2. Jayaswal, K. P. (1924). Hindu policy: A constitutional history of India in Hindu times.
Butterworth and Company, Calcutta.
3. Prof.Kailash Rai, Indian Legal and Constitutional History, Central Law Agency.
4. Jois, R. (2004). Legal and Constitutional History of India: Ancient, Judicial and
Constitutional System. Universal Law Publishing.
5. Habib, Irfan, India- Studies in the History of an Idea, MunshiramManoharlal
Publishers, Delhi, 2004.
6. Gandhi, B. M. (2005). Landmarks in Indian Legal and Constitutional
History. Lucknow: Eastern Book Company.H.V. Sreeniwasmurthy – History (for law
students)
7. Habib, M., &Nizami, K. A. (1970). A Comprehensive History of India: The Delhi
Sultanat (AD 1206-1526), ed. by Mohammad Habib and Khaliq Ahmad Nizami (Vol.
5). People's Publishing House.
8. Dhavan, S. S. The Indian judicial system: a historical survey.
9. Sethi, R. R., & Mahajan, V. D. (1956). Constitutional history of India. S.
Chand.Singh,
10. M. P. (2006). Outlines of Indian Legal & Constitutional History. Universal Law
Publishing.

60
Journals :
1. India. Constituent Assembly (Legislative). (1949). The Constituent Assembly of India
(Legislative) Debates: Official Report (Vol. 1). Manager of Publications.
2. Rama, G. J., Ramakrishnan, A. G., Venkatesh, M. V., &Muralishankar, R. (2001).
Thirukkural: a text-to-speech synthesis system. Proc. Tamil Internet, 92-97.
3. Sewell, R., Nunes, F., &Paes, D. (1900). A Forgotten Empire:(Vijayanagar) a
Contribution to the History of India. London: S. Sonnenschein.
4. Zakariyah, L. (2015). Legal maxims in Islamic criminal law: Theory and applications.
Brill.
5. Chiriyankandath, J. (2000). ‘Creating a secular state in a religious country’: The
debate in the Indian constituent assembly. Journal of Commonwealth & Comparative
Politics, 38(2), 1-24.
6. Kalhan, A., Conroy, G. P., Kaushal, M., & Miller, S. S. (2006). Colonial continuities:
Human rights, terrorism, and security laws in India. Colum. J. Asian L., 20, 93.
7. Kashikar, C. G. (1979). The idea of ultimate reality and meaning according to the
KalpaSūtras. Ultimate Reality and Meaning, 2(3), 172-187.
8. Sinha, M. K. (2005). Hinduism and international humanitarian law. International
review of the red cross, 87(858), 285-294.
9. Rama, G. J., Ramakrishnan, A. G., Venkatesh, M. V., &Muralishankar, R. (2001).
Thirukkural: a text-to-speech synthesis system. Proc. Tamil Internet, 92-97.
10. Sewell, R., Nunes, F., &Paes, D. (1900). A Forgotten Empire:(Vijayanagar) a
Contribution to the History of India. London: S. Sonnenschein.

Learning Outcomes:
After completion of the course students will be able to–

 Students can trace the evolution of Western legal system and legal institutions
juxtaposed on the existing eastern systems to fit into the common law system. It helps
them to trace the growth and development of legal system and legal education from
the ancient past to the present.

 Students will be able to illustrate the evolution of the different kind of judicial system
and legal systems prevailed in India and its respective changes.

61
HLC0203: LAW OF TORTS
(Including Motor Vehicles Act and Consumer Protection Act)

Objectives of the Course:

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

a) Evolution of Tort Law-Nature, Definition and Scope of Torts

b) Foundation of Tortious Liability- Essential of Torts- Wrongful act, Legal damage and
Remedy – Injuria Sine Damno and Damnum Sine Injuria – Ubi jus ibiremedium
c) Distinction between Tort and Crime - Tort and Contract
d) Relevance of intention, motive and malice in law of torts
e) Parties- Capacity to Sue and be Sued -Joint and Several Tort-feasors- Malfeasance,
Misfeasance, Nonfeasance

MODULE II: Defences under Tort

a) Specific Defences and General Defences
b) Volenti non fit injuria- Act of God (Vis major)
c) Inevitable Accident- Necessity
d) Private Defense- Novus Actus Interveniens
e) Statutory Authority- Judicial and Quasi-judicial Authority- Parental and Quasi-
parental Authority.

62
MODULE III: Liability under Tort
a) Strict Liability
b) Absolute Liability
c) Vicarious Liability- Vicarious Liability of State
d) Liability for Dangerous Premises- Liability for Dangerous Chattels
e) Liability for Animals- Liability for Misstatements

MODULE IV: Nuisance -Negligence - Trespass

a) Essentials to constitute Nuisance- who may sue ?- who may be sues?

b) Classification of Nuisance- Defences in Nuisance.
c) Essentials of Negligence- Theories of Negligence- Medical and Professional
Negligence
d) Contributory Negligence- Composite Negligence- Proof of Negligence- Res ipsa
loquitor
e) Trespass- Trespass to Land- Trespass to Person- Trespass to Goods- Nervous Shock

MODULE V: Defamation- Maliciuos Prosecution - Remedies - Discharge of Torts

a) Essentials of Defamation- Kinds of Defamation- Rules to test a Defamatory

Statement- Defences for an action of Defamation
b) Malicious Prosecution- Distinction between false Imprisonment and Malicious
Prosecution- Damages for Malicious Prosecution
c) Remedies- Kinds of Remedies-Judicial Remedies f Torts-Damage- kinds of damage-
Remoteness of Damages- test of Remoteness of Damages- Rules relating to
Remoteness of Damages
d) Injunction – kinds of Injunction- Specific Restitution– Constitutional Remedies-
Extra-judicial Remedies- Self-help- Expulsion of trespasser- Re-entry on Land – Re
caption of Goods – Distress damage feasant – Abatement
e) Discharge of Torts- Waiver- Accord and Satisfaction- Release- Acquieesence-
Judgment Recovered and Res Judicata- Statutes of Limitation- Death

MODULE VI: Motor Vehicles Act - Consumer Protection Act

a) Motor Vehicles Act- Types of Accident, At road intersections, collision, involving
children, excessive speed, in floods, pedestrian, Running over cyclist and Hit and run
case
b) Compensation and Right to Just Compensation- Claims and Claim Tribunal –
Composition, Powers, Procedure and appeal against its orders - Liability
c) Insurance company, Third Party, Vicarious Liability Fault and no Fault liability, Right
to fixed compensation.

63
d) Consumer Protection Act- Concept and definition of Consumer and Service- Unfair
trade practices- Supply of essential commodities and services- Enforcement of
consumer rights
e) Consumer protection redressal agencies-District forum- State commission- National
commission- Working of consumer protection law-Deficiency in service

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).
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.

64
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

Cases for Guidance

1. Ashby vs. White (1703) 2 Lord Raym 938
2. GlouscesterGrammer School case (1410) Y.B. 11 hen. IV of 47
3. Mayor of Bradford Corpn. vs. Pickles (1895) AC 587
4. Smith v. Charles Baker and Sons (1891) AC 325 (HL)
5. South Indian Industrial Ltd., Madras vs. AlameluAmmal, AIR 1923 Mad. 565
6. Hall vs. Brooklands Auto Racing Club (1932) 1 KB 205
7. Rylands vs. Fletcher (1868) LR 3 HL 330.
8. M. C. Mehta vs. Union of India, AIR 1987 SC 1086.
9. State of Rajasthan vs. Vidyawathi (1962) Supp. 2 SCR 989
10. Donoghue vs. Stevenson (1932) All ER Rep. 1
11. Malton Board of Health vs. Malton Manure Co., (1879) 4 Ex D 302
12. White vs. Bailey 1861 10 C.B. (ns) 227
13. The Wagon Mound (No 1) (1961)
14. Kamta Prasad vs National Buildings Constructions Corporation Pvt Ltd, A.I.R. 1992
Delhi 275
15. Livingstone vs Rawyards Coal Co (1880) 5 App Cas 25, 39
16. Khenyei vs New India AssurnaceCo.Ltd.&Ors on 7 May, 2015
17. Ajay Kumar &Anr. vs Most. Ruby Devi &Ors. on 27 July, 2016
18. Union Carbide Corporation Etc vs Union Of India Etc. Etc on 3 October, 1991

65
19. Stanley vs. Powell, (1891) 1 QB 86
20. Rural Transport Service vs. Bezlum Bibi (1980)

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.

66
SECOND YEAR
III-SEMESTER
HBB0308: SOCIAL ISSUES AND SOCIAL RESEARCH METHODS
Objective of the Course
Introduction to Social Research Methods, a course designed to teach and train law students
on a variety of research approaches available in sociology in order to best address a
research question in the Criminal Justice area. The purpose of this paper is to familiarize the
law students with the logic of social science inquiry, to develop research question, strategies
of research design, and a variety of research methods.

This paper will enable the students to understand the following:

1. Enable to train the students to conduct original research using quantitative,
qualitative and historical research methods.

2. Identify to give a basic frame work about the identification of research problem.

3. Equipped to conceptualize, framing of hypothesis strategies of research plan and the

tools of data collection.

4. Able to understand the students to learn the report writing procedures.

5. Designed in such a way will encourage the students to develop and use higher order
thinking skills, including analytical, synthetic and applied thinking.

COURSE OUTLINE
Module I: Social Problem
a) Meaning - Definition - Characteristics - Causes and consequences of social problems

b) Theoretical approach to social problem - Social Disorganisation Approach- Cultural

Lag - Value-Conflict Approach - Personal Deviation Approach – Anomie Approach.

Module II: Methods of Sociology

a) Comparative method- Historical method- Statistical method-Case study- Survey
method-Scientific method-

b) Limitations of Scientific method in Sociology- Sociology as a Science.

67
Module III: Social Research
a) Meaning and definition of research and social research - Types of Research: Pure-
Applied- Significance of social research- objectivity-subjectivity-deduction and
induction method

Module IV: Research Problem and Hypothesis

a) Identification or selection of research problem, - formulation of research problem, -
precautions to be taken while selecting a research problem- Steps in the research
process –

b) Hypothesis: Definition and characteristics-types of hypothesis-sources of hypothesis-

problems in formulation of hypothesis.

Module V: Research Design and Sampling Technique

a) Research Design:Definition- Types of research design-components of good research
design.

b) Sample: Definition- characteristics of good sample - advantages of sampling- types

of sample – probability and non probability sampling.

Module VI: Sources of Data, and Tools of Data Collection

a) Sources of data: primary- secondary- tertiary -Tools of data collection: interview-
questionnaire-schedule-observation.

b) Interview: Meaning-advantages-steps involved in interview-qualities of an

interviewer-advantage and limitation of interview

c) Questionnaire: Types of questionnaire-form of a questionnaire-pretesting – factors

affecting the responses - reliability and validity - advantage and limitation of
questionnaire

d) Schedule: Essentials of good schedule-procedure for framing a schedule-general form

and layout-content-types of question-language-sequence of questions-pilot study -
advantages and limitations of schedule – difference between schedule and
questionnaire.

e) Observations: Kinds: participant-non participant-controlled and non-controlled

observations- importance – limitations.

68
Module VII: Report Writing
a) Meaning- types of report- requisite of good report- components of research report.

Recommended Readings:
Books
1. Ahuja, Ram., 2001. Research Methods, Reprint, Rawat Publications. Jaipur.
2. Sharma, BAV., Prasad ,Ravindra., Sathyanarayana, P., 1985. Research Methods in Social
Science., New Delhi : Sterling.
3. Wilkinson and Bandarkar., 1999. Methodology and Techniques of Social Research, Ed.9
Himalaya Publishing House.
4. Kothari C.R , 2004.Research Methodology, Methods and techniques, New Age
International publication, New Delhi – revised edition.
5. Floyd J. Fowler Jr.'s 2013. Survey Research Methods., Sage Publications.,

Journals:
1. Journal of Research Practice
2. Sociological Methodology
3. Survey Research Methods
4. Quantity and Quality
5. Journal of Mixed Research Methods

Further Reading:
1. LawranceNueman., 2014. Social Research Methods, Pearson Publications, Delhi
2.Haralambos, and Holborn. 2007. Sociology: Themes and Perspectives, London:
Collins.
3. Newman, Lawrence.2011. Social Research Methods: Qualitative and Quantitative
Approaches, Pearson Education.

4. Beteille A and T.N. Madan 1975. Encounter and Experience Personal Accounts of
Fieldwork, New Delhi: Vikas Publishing House

5. Goode, William J and P. K .Hatt 1952. Methods in Social Research, New Delhi:
Mc Graw -Hill.
6. Young, P.V.1966. Scientific Social Surveys and Research, New Deli: Prentice
Hall
7. Clause Adolf Moser , 2009. Survey Methods in Investigation, Ed. 2, reprint, Pub.
Gower

69
8. Wilkinson, T.S and P.L Bhandarkar. 1984. Methods and Techniques of Social
Research, Bombay: Himalaya Publishing House.
9. Bhandarkar, P. L. and Wilkinson. 2007. Methodology and Techniques of Social
Research, Himalaya Publishing House, New Delhi.

10. Haralambos, and Holborn. 2007. Sociology: Themes and Perspectives, London:
Collins.

Learning Outcomes
After completion of the course the students will be able to –

 Identify steps in the research process and identify the basic elements of a good
research design.

 Understand Sampling and apply various sampling techniques.

 Discuss characteristics of quantitative and qualitative measurement, and understand

how to operationalize concepts using each approach.

 Apply various data collection techniques, for both quantitative and qualitative
research.

70
HBB0309: HUMAN RESOURCES MANAGEMENT
Objectives of the Course
In this course, students are introduced to the field of human resources management and learn
about the legal and social implications of managing employees. Students will learn strategies
to plan, recruit, compensate, develop, and engage a company’s workforce. The course covers
additional topics including managing stress, unions, leadership and change.

COURSE OUTLINE

Module I: Introduction to Human Resources Management

a) Defining Human Resources Management - Functions of Human Resources Management -

Foundations of Human Resources Management
b) Scientific Management Theories - Administrative Management Theories - Behavioral
Management Theories - Modern Management Theories
c) Human Resource Policies – Important policies
d) Creating a Human Resources Department - Working in Human Resources - Getting a Job in
Human Resources

Module II: Human Capital Trends and Diversity in the Workplace

a) Introduction to People Analytics - Adoption Trends - Implications of People Analytics -

Impact of People Analytics on Strategy - Challenges in People Analytics - Best Practices in
People Analytics - Human Capital Trends
b) Diversity in Workplace - Introduction to Legislation - The Law and Discrimination - Anti-
Discrimination Legislation - Supreme Court Cases - Interpreting the Law
c) Introduction to Equal Employment Opportunity - EEO Best Practices - EEO Complaints -
EEO Violations - Introduction to Working with a Diverse Workforce - Diversity and
Inclusion - Benefits of Diversity - Challenges of Diversity - Introduction to Promoting a
Diverse Workforce - Developing a Diverse Workforce - Current Diversity Related Trends

Module III: Human Resource Planning

a) Introduction to the HR Planning Process - Assessing Current Human Resources - Labor Supply
and Demand - HR Planning Outcomes
b) Introduction to Job Analysis - Job Analysis Process - Job Descriptions - Job Design - Job
Design Theories - The Recruitment Process - Employer Branding - Writing a Job Advertisement
c) Introduction to Recruitment Sources - Candidate Sourcing - Technology and Recruiting -
Avoiding Discrimination in Recruiting - The Selection Process - Avoiding Bias in Selection -
Interview Approaches

71
Module IV: Onboarding, Training, and Developing Employees

a) Introduction to Onboarding Employees - Benefits of Onboarding - Methods of Onboarding

b) Introduction to Training Employees - Identifying Training Gaps - The ADDIE Model -
Employee Training Methods - Evaluating Training Effectiveness
c) Employee Development - Career Management

Module V: Compensation and Benefits

a) Introduction to Law and Compensation

b) Legal provisions related to labour standards and equal pay - Pay Equity Issues
c) Compensation and Motivation - Intrinsic vs Extrinsic Rewards
d) Types of Compensation
e) Developing a Pay Structure - Benefits - Benefit Trends

Module VI: Performance Management and Appraisal

a) Introduction to Performance Management

b) Steps in the Appraisal Process
c) Appraisal Methods - Presenting an Appraisal
d) Introduction to Appraisal Effectiveness
e) Performance Management Errors - Improving Appraisal Effectiveness

Module VII: Employee Engagement and Termination

a) Introduction to Employee Engagement - Results and Employee Engagement –People

responsible for Engagement
b) Measuring Employee Engagement –Reasons for failure of Engagement Efforts
c) Introduction to Conflict at Work - The Impact of Conflict - Conflict Resolution at Work
d) Emotional Intelligence
e) Downsizing - Effects of Organizational Downsizing - Downsizing and Morale
f) Introduction to Effects of Termination - Legal and Ethical Termination - Termination Laws -
Layoffs vs. Firing - Navigating Employee Termination

Module VIII: Managing Stress and Emotions

a) Introduction to Stress in an Organization

b) Sources of Stress - Consequences and Costs of Stress
c) Introduction to Workplace Stress Management
d) Individual Approaches to Stress Management - Managerial Approaches to Stress
Management - Organizational Approaches to Stress Management

72
Module IX: Leadership and Organizational Change

a) Introduction to the History of Leadership Theories - The History of Leadership - Early Trait
Approach - Behavioral Approach - Contingency Approach
b) Introduction to Leadership Styles and Topics - Leadership Styles - Trust and Leadership
c) Leadership Roles and Issues - Challenges to Leadership
d) Introduction to Leadership vs Management - Leader vs Manager - Leader-Managers –
e) Introduction to Change Management - Forces of Change - Types of Change - Resistance to
Change - Models of Change Management.

Recommended Readings:
Books:
1. Aswathappa, K. (2013). Human resource management: Text and cases. Tata McGraw-Hill
Education.
2. Patnaik, Human Resource Management, 3rd edition, PHI, 2009.
3. Jeffery Mello, Human Resource Management, Cengage Learning, India, 2008.
4. SubbaRao, Essential of HRM and Industrial Relation, 2008, Himalaya Pub. House.
5. Methis& Jackson, Human Resource Management, 12th edition, 2008Cengage Learning.

Journals/Journal Articles:
1. Rathore, A. (2018). Impact of human resource policies and practices on employees turnover
with special reference to cement industry in Rajasthan.
2. Tamzid, M., &Parves, M. T. (2017). Human Resource Management Policies and Diversity
Management (A Case Study on Sainsbury’s). Human Resource Management, 8(4).
3. Ulrich, D., &Grochowski, J. (2018). Building a world class HR department. Strategic HR
Review.
4. Tumasjan, A., Kunze, F., Bruch, H., &Welpe, I. M. (2020). Linking employer branding
orientation and firm performance: Testing a dual mediation route of recruitment efficiency
and positive affective climate. Human Resource Management, 59(1), 83-99.
5. Hennekam, S., Peterson, J., Tahssain-Gay, L., &Dumazert, J. P. (2019). Recruitment
discrimination: how organizations use social power to circumvent laws and regulations. The
International Journal of Human Resource Management, 1-29.

73
Further Readings:
Books:
1. Barak, M. E. M. (2016). Managing diversity: Toward a globally inclusive workplace. Sage
Publications.
2. Western, S. (2019). Leadership: A critical text. SAGE Publications Limited.
3. Rosenbach, W. E. (2018). Contemporary issues in leadership. Routledge.
4. SubbaRao, International Human Resource Management, 2009, Himalaya Publishing House.
5. ShafiI.Kazi, Legal Handbook for HR Manager, Lawshikho.com
Journals/Journal Articles:
1. Parthiban, N., & Krishnan, S. A. (2017). A conceptual framework of human resources
practices and policies in private sector. ZENITH International Journal of Multidisciplinary
Research, 7(9), 1-9.
2. Bodie, M. T., Cherry, M. A., McCormick, M. L., & Tang, J. (2017). The law and policy of
People Analytics. U. Colo. L. Rev., 88, 961.
3. Davis, P. J., Frolova, Y., & Callahan, W. (2016). Workplace diversity management in
Australia. Equality, Diversity and Inclusion: An International Journal.
4. Wang, J., & McLean, G. N. (2016). Promoting diversity in India: where do we go from
here?. Advances in Developing Human Resources, 18(1), 102-113.
5. Hall-Jones, J., Simmons, T., Stermer, E., van Hemert, J. P., & Vogel, M. (2018). Onboarding
Employees Through Shared Values. Journal of Research, Assessment, and Practice in Higher
Education, 3(1), 9.
6. White, J., & Hamilton, L. (2018, June). Applying the ADDIE model to eAssessment in
Applied Skills for Nursing. In UWS Learning, Teaching & Research Conference 2018:
Bridging Boundaries: Connecting Learning, Teaching & Research.
7. Kohli, M. (2019). Structure of executive compensation in India. Journal of Commerce &
Accounting Research, 8(4).
8. Sandhyavani, K. V., & Kumar, M. S. (2020). Effectiveness of Performance Appraisal System
in Indian PSU. Our Heritage, 68(30), 5489-5505.
9. Kishori, B., &Vinothini, B. (2016). A Study on Work Stress Among Bank Employees in State
Bank of India with Reference to Tiruchirappalli. IJIRST–International Journal for Innovative
Research in Science & Technology, 2, 12.
10. Aggarwal, P. (2017). Examining the scope and regulatory framework concerning employees'
benefit schemes in India. NUJS L. Rev., 10, 109.

74
Learning Outcomes
After completion of the course students will be able to –
 Discuss the importance and the role of human resources management; people analytics and human
capital trends; and identify the laws relevant to avoiding discrimination in human resources
management and discuss how to develop and support a diverse workforce
 Describe the processes of job analysis, job design, and employment forecasting and discuss their
importance in workforce planning; assess various recruitment and selection strategies, processes, and
laws; and assess various on boarding, employee training & development and career management
strategies
 Discuss various compensation and benefits plans and their effectiveness; strategies and methods to
build and maintain positive employees relations; and legal and social ramifications of employee
termination, as well as those of downsizing an organization
 Discuss the impact organizational change has on individuals and the workplace and recognize good and
poor leadership and the varieties of leadership

75
HLC0304: CONSTITUTIONAL LAW – I

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

Module – I: Classification of Constitution and Governments

a. Definition and meaning of Constitution Kinds of Constitution,
b. Meaning of Constitutionalism, features of Indian Constitution
c. Conventions –Significance,
d. Theory of Separation of Powers – Latimer House Principles –
e. Co-operative Federalism – Essentials of Federalism ,
f. Executive – Parliamentary, Presidential – Combination of Both

Module – II: Preamble, Union and its Territories and Citizenship

a. Preamble: Meaning, Scope, Importance, Objectives and Values –

b. Union and its Territories (Art1-4) –
c. Citizenship: (Art 5-11) – Citizenship at the commencement of the Constitution
d. Deprivation and the renunciation of the Citizenship
e. Parliament power to regulate – Citizenship under the Citizenship Act.

Module –III: Introduction to Fundamental Rights

a. UDHR: Influence of UDHR on the Indian Constitution

b. State: Definition and meaning, Article 12, New Judicial trends on concept of State –
c. Law: Definition and Meaning of Pre- Constitutional and Post- Constitutional Laws,
Various Doctrines like Eclipse, Severability and Ultravires,
d. Judicial Review and Article 13 –
e. Amendment: Constitutional Processes of Adaptation and Alteration (Article 368)-
Methods of constitutional amendment- Power and Procedure to amend the
Constitution - Limitations upon constituent power- Doctrine of Basic Structure -
Development of the Basic Structure - Judicial Review of Legislations included in the
Ninth Schedule

76
Module – IV: Fundamental Rights - I

a. Right to Equality: General Equality Clause under Article 14, Judicial Interpretation
on Equality– Reasonable Classification.
b. Protective Discrimination Clause, Reservation and Social Justice under Articles 15 and
16, Equality and Reservation,
c. Equality of opportunity in public employment – Art 16,
d. Constitutional Provisions on Untouchability and abolition of Titles.
e. Right to Freedom: Freedom of Speech and Expression - Art 19, Scope and Ambit-
Art 19(1) (a) and (2); other freedoms From 19 (1) (b) to (g) ,
f. Balance between individual interest and collective interest,
g. Reasonable restrictions on Right to Freedom under Article 19(2) to 19(6)
h. Judicial interpretation on Right to Strike and Bandh - Right to Information.

Module – V: Fundamental Rights - II

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

Module – IV: Fundamental Rights - III

a. Freedom of Religion: Articles 25-28, Secularism, Judicial Interpretation, Restrictions

on Freedom of Religion.
b. Cultural and Educational Rights: Articles 29-30, Protection on Minorities, Recent
trends on Minority Educational Institutions.
c. Right to Constitutional Remedies: Article 32 and 226, Writ Jurisdiction –
Definition, Nature, Scope and functions, PIL, Compensatory Jurisprudence, Various
Writs

Module – VII: Directive Principles of State Policy and Fundamental Duties

a. Directive Principles- directions for social change- A new social order

b. Fundamental Rights and Directive Principles - inter-relationship - judicial balancing -
Constitutional amendments – to strengthen Directive Principles
c. Reading Directive Principles into Fundamental Rights, Judicial Approach.
d. Fundamental Duties: The need and status in constitutional set up, Interrelationship
with fundamental rights and directive principles,
e. Enforcement of Fundamental Duties.

77
Recommended Readings:

1. H.M.Seervai, Constitutional Law of India, Vol.1-3,Universal Law Publishing - An

imprint of LexisNexis; 4th edition (2015)

2. D.D.Basu, Commentary on the Constitution of India (1-10 Volumes) Lexis Nexis

Butterworths, Wadhwa, Nagpur (2009)

3. M.P.Singh (ed.), V.N.Shukla’s Constitution of India (EBC, Lucknow,2017)

4. M. P. Jain- Indian Constitutional Law- (Lexis Nexis2014)

5. Mahendra P. Singh(ed.) Comparative Constitutional Law- Festchrift in Honour of

Prof.P.K.Tripathi, (EBC, Lucknow,2011)

Articles From Journals

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

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:

1. Dr. Narender Kumar, Constitutional Law of India(Allahabad Law Agency,2019)

2. Udai Raj Rai, Constitutional Law – I Structure, (EBC, 2016)
3. Udai Raj Rai, Fundamental Rights and Their Enforcement(EBC – e-Book –Amazon)
4. Constituent Assembly Debates Vol. 1 to 12 (1989)
5. Granville Austin, Working a Democratic Constitution - A History of the
Indian Experience (Oxford University Press, 2014)

6. Mamta Rao, Constitutional Law, (EBC, Lucknow 2013)

78
7. Sathya Narayan (ed.), Selected Works of S.P.Sathe& Constitutionalism (2015),
Oxford

8. M. Galanter, Competing Equalities - Law and the Backward Classes in India (1984)
Oxford

9. N.A.Subramaniam – Case law on the Indian Constitution(1969)

10. Report of the National Commission to Review the Working of the Constitution
(NCRWC)

Journals:

1. Bakshi, P. M. "Comparative Law: Separation of Powers in India." American Bar

Association Journal 42, no. 6 (1956): 553-95..www.jstor.org/stable/25719656.

2. Kumar, Virendra. “Basic Structure of The Indian Constitution: Doctrine Of

Constitutionally Controlled Governance [From KesavanandaBharati to I.R. Coelho].”
JILI vol. 49, no. 3, 2007, pp. 365–398. JSTOR, www.jstor.org/stable/43952120.
3. Rao, P.P. “RIGHT TO EQUALITY AND THE RESERVATION POLICY.” Journal
of the Indian Law Institute, vol. 42, no. 2/4, 2000, pp. 193–203. JSTOR,
www.jstor.org/stable/43953811
.
4. Bhat, P. Ishwara. “Tracing Right To Property In The Bosom Of Right To Life And
Personal Liberty : Comparative Reflection On Recent Constitutional Developments In
America, Canada And India.”JILI, vol. 38, no. 1, 1996, pp. 13–37. JSTOR,
www.jstor.org/stable/43951621

5. S. P. Sathe, Judicial Activism: The Indian Experience, 6 Wash. U. J.L. &Pol'y 29

( 2001).https://heinonline.org/HOL/P?h=hein.journals/wajlp6&i=33.

6. Brian Z. Tamanaha, The History And Elements Of The Rule of Law, Singapore
Journal of Legal Studies [2012]. https://law.nus.edu.sg/sjls/articles/SJLS-Dec-12-232.pdf.

7. Manoj Mate, The Origins Of Due Process In India: The Role of Borrowing In
Personal Liberty And Preventive Detention Cases, 28 Berkeley J. Int'l L. 216 (2010).
https://heinonline.org/HOL/P?h=hein.journals/berkjintlw28&i=218

8. Pillai, K. N. Chandrasekharan. “SUPREME COURT ON CASTE CONVERSION

AND RESERVATION.” Journal of the Indian Law Institute, vol. 47, no. 4, 2005, pp.
540–543. JSTOR, www.jstor.org/stable/43952001.

9. Lloyd I. Rudolph & Susanne Hoeber Rudolph (1981) Judicial review versus
parliamentary sovereignty: The struggle over stateness in India, The Journal of
Commonwealth &Comparative Politics. DOI: 10.1080/14662048108447387

79
10. Haqqi, S. A. H. “POSITION OF THE STATES UNDER THE INDIAN
CONSTITUTION.” The Indian Journal of Political Science, vol. 22, no. 1/2, 1961,
pp. 43–52., www.jstor.org/stable/41853869

Landmark Cases for Guidance:

1. In re BerubariAIR 1960 SC 858
2. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
3. R.D.Shetty v. International Airport Authority of India, AIR 1979 SC1928
4. Marbury v. Madison , 21 Ed. 60
5. Visakha v. State of Rajasthan, AIR, 1997SC 3011
6. Air India v. NargeshMeerza,AIR 1981 SC 1829
7. A.K.Gopalan v. State of Madras, AIR 1950 SC 27
8. A.K. Roy v. Union of India, AIR 1982,SC 710
9. Balaji v. Sate of Mysore, AIR 1963 SC 649
10. Express Newpapers v. Union of India, AIR 1958 SC 578
11. Maneka Gandhi v. Union of India AIR 1978 SC 597
12. D.K.Basu v. State of West Bengal, AIR 1997 SC 610
13. BachapanBachaoAndolan v. Union of India, AIR 2011 SC 3361
14. S.R. Bommai v. Union of India, (1994) SCC 1
15. Sarala Mudgal v. Union of India, (1995) 3 SCC 635

Learning Outcome:
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.

2. The study of Mother Document upholds democratic spirit and constitutional values
promoting good governance and cultivating constitutional morality

3. It develops ability to design new social legislations and suggesting amendments to the
existing legislations.

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

80
HLC0305: LAW OF CONTRACTS - I
Objectives of the Course
Contracts play a key role in carrying on commercial activities- be it trade,
business,employmentor even e-commerce hence study of Contract Act enables students to
understand and facilitate the basic principles of commercial transactions with understanding
of rights and obligations.A thorough understanding of concepts of Contract Law is
foundation to a successful legal professional.

The general principles that affect these contracts, and that allow their enforcement in case of
breach, are given in sections 1 – 75 of the Indian Contract Act, 1872 (commonly known as
‘ICA’). Contract remedies are also provided in the Specific Relief Act 1963 (commonly
known as ‘SRA’). These two laws form the main course for this paper.In these topics, we will
decipher all the vivid aspects of the Contract Act.

In this context, the course seeks to cover:

 the concepts of contract law and it'srelevance thorough decided cases;
 essentials aspects of contract with reference to General principles;
 Application of contract law in practical use cases.

COURSE OUTLINE
MODULE I: INTRODUCTION TO CONTRACT LAW

a) The nature of contractual obligations

b) Discussion on contracts, related parties to the contract, remedies available in day to
day life
- Purchase of goods/ services
- Employment contracts
- Bank loan
- Renting a Bank Locker
- Lease contract
- Insurance contract
- Contract formed by online purchase of goods
c) Enforcement - Primary purpose of contract law

81
MODULE II: FORMATION OF CONTRACT

a) Understanding the terms Agreement, Offer, Proposal, Acceptance and Contract

b) Diversity between Agreement and Contract
c) Proposal and Acceptance
- Proposal - essential elements, forms, invitations for proposals and tenders,
communication of proposal, floating offers, options
- Acceptance - essential elements, forms, requirement of communication, silence as
acceptance
- Auctions - essential elementsandthe requirement of communication
- Revocation of proposal and acceptance
- E-contracts with reference to provisions of the Information Technology Act, 2000
d) Express and Implied contracts
e) Standard form contracts - advantages and disadvantages
f) Formalities to be carried for a valid contract
- draft of the contract,
- signatures,
- attestation,
- registration,
- notarization,
- stamp duty.
g) Difference between formalities of a contract with the Government and General
contract – Refer to Article 299 of the Constitution of India

MODULE III:CONSIDERATION

a) Definitions, meaning, kinds and essential elements of consideration

b) Theories of consideration
c) Privity of contract and of consideration
d) Present, past and future consideration
e) Adequacy of consideration and effect of inadequacy
f) Exceptions to the rule no consideration no contract
g) Charity and doctrine of consideration

82
MODULE IV: COMPETENCY OF PARTIES

a) Age of majority under the Indian Majority Act 1875,

b) Contracts with Minors - Doctrine of Necessaries-Estoppel- Restitution – Ratification
(also refer to section 68 of ICA)
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

MODULE V: FREE CONSENT

a) Definition and Meaning of consent and free consent

b) Factors vitiating free consent
c) Coercion
- Law Commission report on Coercion
d) Undue Influence
e) Misrepresentation
f) Fraud
g) Mistake:
- mutual and common mistake,
- unilateral and bilateral mistake,
- mistake of law and fact
h) Effect of absence of free consent
i) Doctrine of Economic duress
j) Remedies available to the party whose consent is not free:
- rescission,
- restoration
- Loss of right of rescission.

MODULE VI: LEGALITY OF OBJECT AND VOID AGREEMENTS

a) Unlawful agreements, circumstances in which agreements enforced even if unlawful

b) Void agreements: Restraint of marriage, trade and legal proceedings, uncertain
agreements, wagers
c) Effect of void and of unlawful agreements
d) Contingent contracts and their enforcement

83
e) Effect of non-happening of event
f) Enforcement of contingent contracts
g) Quasi Contracts
- Types of Quasi Contract
- Doctrine of restitution
- Effect of breach of quasi-contractual obligation

MODULE VII:PERFORMANCE OF CONTRACT

a) Obligation to perform or offer to perform; who must perform, effect of death,
personal contracts, rights and liabilities under a contract
b) Doctrine of privity, and exceptions to the doctrine
c) Joint rights and liabilities
d) Time of performance, right to terminate if time is of essence
e) Liability to pay interest for delay
f) Place of performance
g) Reciprocal promises, effect of non-performance of one of reciprocal promises;
unilateral and bilateral promises
h) Appropriation of payments
i) Discharge of contract
- by performance;
- by offer of performance:
- by non-performance by one party
- by breach and rescission
- anticipatory breach
j) Doctrine of impossibility and effect
k) By agreement
- novation,
- alteration and
- rescission
l) By act of promise
- dispensing,
- remission and
- waiver,
- extension of time, accord and satisfaction
m) Termination or discharge under contract provisions

84
MODULE VIII:REMEDIES UNDER THE CONTRACT

Remedies under contract law through court or arbitration

a) Compensation (damages): General and special, substantial and nominal, aggravated

and punitive, liquidated and unliquidated –Causation - Contemplation and
Remoteness - Duty of mitigation - Assessment
b) Claim for the agreed sum: viz. suit for price, return of loan amount
c) Claim in quantum meruit

Remedies of Specific Relief through court or arbitration under Specific Relief Act:

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

85
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:
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. Cheshire, Fifoot and Furmston’s Law of Contract, Michael Furmston ed., 16th ed,
2012,
2. Sarkar on Specific Relief, Sudipto Sarkar and R Yasho Vardhan eds, 17th ed, 2016,
Lexis Nexis
3. R K Singh, Law Relating to Electronic Contracts, 2nd ed, 2015, Lexis-Nexis.
4. Sachin Rastogi, Insights into E-Contracts in India, 2013, Lexis Nexis
5. Robert Cooter and Thomas Ulen, Law and Economics, 6th edition 2016, available for
free download at <http://scholarship.law.berkeley.edu/books>, Chapters 1 and 9
6. ShubhashisGangopadhyay and V Shantakumar, Law and Economics Vol I and II,
2013, Sage Publications, Chapter 5
7. M. Krishnan Nair, Law of Contracts, 1998.
8. Garima Tiwari, Understanding Laws – Contracts, 2014, Lexis-Nexis.
9. G.H. Treitel, Outline of Law of Contract, 6th rev ed, 2005, Oxford University Press
10. Atiyah’s Introduction to the Law of Contract, Stephen Smith ed., 2nd ed, 1997 Oxford
University Press

86
Journals/Journal Articles:
1) Offer and Acceptance in Modern Contract Law: A Needless Concept,Shawn J.
Bayern,California Law Review,Vol. 103, No. 1 (February 2015), pp. 67-
101,Published by: California Law Review, Inc.
2) Minors in Contract: An Analysis of Rules Relating to Minors in Indian Contract Act,
1872,Journal of Constitutional Law and Jurisprudence Volume 1, Issue 1
RETRIEVED
3) Standard form contracts and a smart contractfuture,Kristin B. Cornelius
Department of Information Studies, University of California, Los Angeles, USA
4) Contract, Consideration and the Critical Path,John Adams and Roger
Brownsword,The Modern Law Review,Vol. 53, No. 4 (Jul., 1990), pp. 536-542
5) The great Indian privity trick: hundred years of misunderstanding nineteenth century
English contract law,ShivprasadSwaminathanO.P. Jindal Global University, Sonepat,
Delhi (NCR), India.
6) Doctrine of Privity of Contract Under Indian Law: Should it Be Abolished in Toto or
Subject to Certain Proviso? ,Ashalika Pandey,National Law School of India
University
7) Enforcement of Business Contracts in India: An Analysis of The Reforms on Specific
Relief ,DR. S. SETHURAM Assistant Professor, SRIT Business School,Sri
Ramakrishna Institute of Technology, Coimbatore,Tamil Nadu, India

8) The doctrine of frustration under section 56 of the Indian Contract Act,M. P. Ram
Mohan,PromodeMurugavelu,Gaurav Ray &Kritika Parakh,Pages 85-104 |

9) IMPLEMENTATION WITH CONTINGENT CONTRACTS,Rahul Deb and

DebasisMishra,Econometrica,Vol. 82, No. 6 (November 2014), pp. 2371-2393

10) Remedies for Breach of Contract ,Ruchi Tirkey,International Journal of Scientific

Engineering and Research (IJSER) ISSN (Online): 2347-3878 Index Copernicus
Value (2015): 56.67 | Impact Factor (2017): 5.156

Cases for Guidance:

1. LalmanShukla v Gauridutt – [(1913) 11 ALJ 489]
2. Harvey v. Facey – [(1893) A.C. 552 Privy Council]
3. Balfour v Balfour - p [(1919) 2 K.B. 571]
4. MohoriBibee v Dharmodos Ghose - [(1903) 30 I.A. 114 (P.C.)]
5. Carlill v Carbolic Smoke Ball Co. - [(1892) EWCA Civ 1 : (1893) 1 QB 256]

87
6. Felthouse v Bindley - [(1862) 11 Cb (NS) 869 : EWHC CP J35 : 142 ER 1037 :
(1863) 7 LT 835]
7. Kedarnath v. Gorie Mohamed – [(1887) ILR 14 Cal 64]
8. Tweddle v. Atkinson – [(1861) EWHC QB J57 : (1861) 1 B&S 393 : (1861) 121 ER
762]
9. Phillips v Brooks Ltd. – [(1919) 2 KB 243]
10. Cundy V Linsay – [(1878) 3 AC 459]
11. SatyabrataGohose v MugneeramBangur& Co. - [AIR 1954 SC 44 : 1954 SCR 310]
12. PannalalJankidas v Mohanlal - [AIR 1951 SC 144 : 1950 SCR 979]
13. Hadley v Baxendale - [(1854) 9 Ex Ch 341]
14. Donoghue v Stevenson - [(1932) UKHL 100 :(1932) SC (HL) 31 : (1932) AC 562
:(1932) All ER Rep 1]
15. Dutton v Poole - [(1678) 2 Lev 210 : 83 ER 523]

Learning Out Come:

After completion of the course students will be able to –

 appreciate and criticize the Indian statutory position relating to important elements of
Contract Law
 Understand objects to a contract as an essential element and to understand the various
case laws relating to it where the judiciary quashed enforceability of a contract.
 Learn other kinds of agreements which are expressly declared as void under Indian
Contract Act, 1872.
 Understand the principles underlying the grant of specific reliefs and the different
remedies provided under the Specific Relief Act.

88
HLC0306: LAW OF CRIMES I

INDIAN PENAL CODE

Objective of the Course:

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

Module I: Nature and Scope of Criminal Law

a) History of Criminal Law- Development, Nature, Commencement, Extent &
Applicability-Principles of Criminal Law -Crime Definition
b) Elements of Crime: Mens Rea- Actus Reus Psychology of crime- Stages of Crime:
Intention, Preparation, Attempt & Commission
c) Classification of crime: General- specific- Group- Joint and Constructive Liability-
Corporate Liability
d) Jurisdiction: Territorial-Extra Territorial Jurisdiction
e) Inchoate Crime- Criminal Conspiracy- Abetment-Attempt

89
Module II: General Exceptions
a) Object, Nature & Scope -Excusable & Justifiable-Whether Exhaustive-Burden of
Proof
b) Mistake-Judicial Acts –Accident-Necessity
c) Infancy-Insanity-Intoxication –Consent
d) Good Faith-Compulsion or Threat -Trivial Acts
e) Right of Private Defence
Module III: Punishment
a) Punishments-Theories of punishment
b) Types of punishment
c) Commutation of sentence
d) Solitary confinement-Limit of solitary confinement
e) Enhanced punishment
Module IV: Offences against Human Body
a) Culpable Homicide and Murder
b) Rash and Negligent Act-Attempt and Abetment to Suicide
c) Hurt and Grievous Hurt- Criminal Force and Assault-Wrongful Restraint and
Wrongful Confinement
d) Kidnapping and Abductions
e) Offences against Women -Outraging the Modesty of Women-cyber crime against
women-Voyeurism-Stalking- Acid Attack-Rape and Unnatural Offences- Cruelty and
Offences relating to Marriage
Module V: Offences against Property
a) Theft, Extortion, Robbery and Dacoity
b) Criminal Misappropriation and Criminal Breach of Trust
c) Cheating and Forgery-Mischief-Receiving Stolen Property
d) Fraudulent Deeds & Disposition of Property-Criminal Trespass
e) Offences Relating to Documents & to Property Marks.
Module VI: General Offences
a) Offences against State -Offences against Election
b) Offence Relating to Coins & Government Stamps
c) Offences Relating to Religion-Defamation- Criminal Intimidation, Insult &
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.

90
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,
HimabinduBAroraRPrashanth 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, 1 st 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, TiersmaPSolan L, Oxford University Press, (2012)
7. Death sentence on taxonomy in India,
PrathapanKRajanPNarendranTViraktamathCAravind, NPooraniJSee 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)

91
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
11. 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
12. Justifiable Homicide: A Study of the Application of Nonculpable Deadly Force in
Cuyahoga County (Cleveland), Ohio, 1958–1982,Challener RAdelsonLRushforth N,
Journal of Forensic Sciences (1987) 32(5) 11186J
13. 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
14. Dignity and Defamation: The Visibility of Hate, Waldron J,Harvard Law Review
(2009) 123(1596) 1596-1657
15. Sedition, Monét V, Taylor and Francis, (2013), 217-222
16. 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
17. Criminal Law - Cases and Materials, O’Daly M, Criminal Behaviour and Mental
Health (1995) 5(1) 53-54
18. Criminal Conspiracy, Sayre F, Harvard Law Review (1922) 35(4) 393
19. Capital punishment, Aggarwal K, Medico-Legal Update (2010) 10(1) 7-8
20. 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

Cases for Guidance

1. K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605
2. Tukaram v. State of Maharashtra, AIR 1979 SC 185
3. Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1
4. RawalpentaVenkalu 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. RambaranMahton 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

92
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.

93
SECOND YEAR
IV-SEMESTER
HBB0410: MANAGERIAL ECONOMICS
Objectives of the Course
This course provides an overview of economic tools and analytic approaches
available to the manager for business decision making. To make students equipped with the
right attitudes and skills towards achieving greater levels of managerial effectiveness. It
includes such topics as pricing, forecasting, demand analysis, production and cost analysis,
and macroeconomic policy as it affects the business environment. The purpose of this course
is to develop an economic perspective that is appropriate for students aspiring to manage
business units or entire companies in a wide variety of industries.

COURSE OUTLINE
Module I: Introduction
a) Meaning – Definition- Nature and Scope of Managerial Economics
b) Importance of the study of Managerial Economics
c) Role of a Managerial Economist
d) Process of Business Decisions Making - Risk and Uncertainty.

Module II: Demand Forecasting

a) Meaning – Definition – Types Demand Forecasting
b) Objectives of Demand Forecasting
c) Criteria for the Good Forecasting
d) Methods of Demand Forecasting- Qualitative and Quantitative Techniques
e) Steps Involved in Demand Forecasting for a New Products

Module III: Production Analysis

a) Production Function - Returns to factors - Production Decision
b) ISO-Quant – ISO- Cost Analysis - Production Possibility
c) Expansion Path -Optimum Product Mix of Multi-Product Firm
d) Cobb Douglas production function.

94
Module III: Cost Analysis
a) Meaning of Cost- Applications and Types of Costs
b) Derivation of Cost Functions is an associated with Production function
c) Role of Cost in Managerial Decision Making
d) Uses of Break Even Analysis (BEP)

Module IV: Objectives of Firm and Managerial Behaviour

a) Introduction- Objectives of Firm- Profit Maximisation Model
b) Utility Maximisation by Entrepreneur and Owner
c) Baumol’s Static and Dynamic Model
d) Indian Sale of Goods Act 1930

Module V: Theories Product Pricing in Practice

a) Meaning of Market- Characteristics of Market
b) Collusive Oligopoly: Price and Output under Cartel- Price Leadership
c) Types of Price Leadership
d) Kinked Demand Curve- Cournot’s Duopoly Model

Module VI: Macro Economic Policy

a) Introduction - Economic Stability- Instruments of Economic Stability
b) IS-LM Interaction
c) Monetary Policy –Objectives – Tools and Effects
d) Fiscal Policy - Issues and Challenges
e) Business Cycles – Phases and Business Decisions.

Module VII: Inflation & Deflation and Capital Budgeting

a) Inflation - Meaning and Kinds - Measures to Control Inflation
b) Deflation - Capital Budgeting
c) Meaning- Features - Methods and Its advantages and Limitations
d) Implications Capital Budgeting Techniques.

95
Recommended Readings:
Books:
1. Dominic Salvatore, 2016, Managerial Economics: Principles and worldwide Application,
Mc.Graw Hill Inc, New York
2. R.L. Varsney, &. K.L Maheswari, 2017, Managerial Economics, Sultan Chand & Sons.,
New Delhi.
3. H.L. Ahuja, 2007, Business Economics, Sultan Chand &Sons., New Delhi.
4. Baumol, William J., 1995, Economic Theory and Operation Analysis, Prentice Hall of
India Pvt. Ltd., New Delhi.
5. P.L. Metha – Managerial Economics, Sulton Chand & Sons, New Delhi, Latest edition
1997.

Journal / Journal Articles:

1 Rubin, P., &Dnes, A. (2010). EDITORIAL: Managerial Economics: A Forward
Looking Assessment. Managerial and Decision Economics, 31(8), 497-501. Retrieved
March 31, 2020, from www.jstor.org/stable/40958978.
2 D. N. Sen Gupta. (1968). Long-Term Demand Forecasting: An Approach. Economic
and Political Weekly, 3(48), M69-M76. Retrieved March 31, 2020, from
www.jstor.org/stable/4359384.
3 Silva, E., &Stefanou, S. (2003). Nonparametric Dynamic Production Analysis and the
Theory of Cost. Journal of Productivity Analysis, 19(1), 5-32. Retrieved March 31, 2020,
from www.jstor.org/stable/41770103.
4 Stretton, H. (1999). Costs of production: Analysis. In Economics: A New Introduction (pp.
389-397). Pluto Press. doi:10.2307/jctt183q4wb.35.
5 Kite, R., &Steckler, A. (1974). A Cost Analysis Strategy for Education. Educational
Technology, 14(7), 49-54. Retrieved March 31, 2020, from
www.jstor.org/stable/44421727

96
Further Readings:
Books:
1. D.N. Dwivedi, 2000, Managerial Economics, Vikas Publishing House Pvt. Ltd., New
Delhi
2. H. Cohen, Kalman J and Richard M Cyert, The Theory of Firm: Resources Allocation in
Market Economy, Prentice Hall of India Pvt. Ltd., New Delhi (Latest edition) .
3. Lipsey and Chrystal. (2008). Economics (11th edition). Oxford University Press.
4. Pindyck, Rubinfeld and Mehta. (2009). Micro Economics (7th edition). Pearson
Publications.
5. Stonier and Hague, A Text Book of Economic Theory, (1958), Long Mans Green & Co.,
London.
6. Douglas B. Bernheim and Michael D. Whinston. (2009). Microeconomics, Tata McGraw-
Hill (India).
7. Joseph E. Stiglitz and Carl E. Walsh (2007). Economics, W.W. Norton & Company, Inc.,
New York, International Student Edition, 4th edition.
8. Gregory N Mankiw (2007). Economics: Principles and Applications, India edition by
South Western, a part of Cengage Learning, Cengage Learning India Private Limited, 4th
edition.
9. Sundharam KPM, M C Vaish, Principles of Economics-13th Revised Edition, Vikas
Publishing House Pvt Ltd.
10. Tyagi B.P Public Finance 5st Edition, Jai Prakash&co.

Journal / Journal Articles:

1. Ministries of MSME, GOI
2. Journal of Economics and Management strategies
3. Journal of Business Economics and Management
4. Journal of Management science
5. Journal of International Business and Economics
6. Winn, D., &Shoenhair, J. (1988). Compensation-Based (Dis)Incentives for Revenue-
Maximizing Behavior: A Test of the "Revised" Baumol Hypothesis. The Review of
Economics and Statistics, 70(1), 154-158. doi:10.2307/1928164
7. Martini, G. (2000). Price Competition with Discounting and Kinked Demand: An
Experimental Study. RivistaInternazionale Di ScienzeSociali, 108(4), 377-408. Retrieved
March 31, 2020, from www.jstor.org/stable/41624052

97
8. Rao, M. (2002). State Finances in India: Issues and Challenges. Economic and
Political Weekly, 37(31), 3261-3271. Retrieved March 31, 2020, from
www.jstor.org/stable/4412444
9. Klammer, T. (1972). Empirical Evidence of the Adoption of Sophisticated Capital
Budgeting Techniques. The Journal of Business, 45(3), 387-397. Retrieved March 31,
2020, from www.jstor.org/stable/2351494
10. Brick, I., & Weaver, D. (1984). A Comparison of Capital Budgeting Techniques in
Identifying Profitable Investments. Financial Management, 13(4), 29-39. Retrieved
March 31, 2020, from www.jstor.org/stable/3665299
Learning Outcomes:
After completion of the course students will be able to -
 Understand the internal and external decisions to be made by managers with legal
principles through help of economics in the precise manner and distribution of income
and wealth of nation to ensure welfare of each individual.
 Analysis the real-world business problems with a systematic theoretical framework and to
make optimal business decisions by integrating the concepts of economics, mathematics
and statistics in accordance with global scenario.
 Understand how to use limited means to present and retain for the future unlimited wants
and how the law can support the functioning of the market and the government, the other
two important organising forces of an economy.
 Develop an inter-disciplinary approach and enhance the employability of students.

98
HBB0411: PUBLIC POLICY, GOVERNANCE AND LAW

Objectives of the Course:

The course Public Policy, Governance and Law provide an opportunity to the student to
learn the basic areas of public policy on the largest gamut of its canvas. The present course
is aimed to provide an in-depth understanding of the basic tenets and trends of law and
governance.
COURSE OUTLINE
Module I
Theories and Process of Public Policy Making.

a) Meaning, Nature and Scope of Public Policy – Theories and Models of Policy
Making.
b) Perspectives of Policy Making – Process Institutions of Policy Making.
c) Concept and Techniques of Policy Implementation and Policy Evaluation.

Module II
Introduction to Governance; Definitions, Issues and Controversies.

a) Reinventing Government – Reforming Institutions– The State Market and Public

domain.
b) State and Governance – Origin and types of State – Democratic State and Democratic
Administration – Governance as Government

Module III
Techniques of Governance.

a) Rule of Law and Human Rights – Accountability – Participation –

Representation.
b) Techniques of Governance – Openness and Transparency.
c) Citizen Charter –Social Audit.

Module IV
Legal Foundations.
a) Fundamentals of Administrative Law – Relationship between Law and
Administration.
b) Governance as Execution of Law – Values and Context of Legal and Administrative
Process –Constitution.
c) Rule of Law and Administrative Law French, British and German Contexts.

99
Module V
Law and Governance.

a) Concepts relating to administrative law – Rule of Law – Doctrine of Separation of

Powers.
b) Principles of Checks and Balances – Doctrine of Ultra-vires – Delegated Legislation
–Principles of Natural Justice, Administrative Adjudication.
c) Review of Administrative acts and redress of grievances –Vigilance and Control.
d) Quasi-Judicial Governance; Administrative Tribunals , National Water Tribunal,
National Green Tribunal.

Module VI
Engaged Policy and Governance.

a) Participatory Governance – Democracy and Development –Political Regimes –

Political Participation and Social Inclusion.
b) Innovations and Pitfalls in Participatory Governance –Government Transparency in
Policy Decisions.
c) Engaging the Community at Grassroots – Level Issues in Engagement and
Participation. Case Studies a) Grameen Bank in Bangladesh b) Participatory
Budgeting, Brazil

Recommended Readings:
Books:
1. CUP. Bevir, Mark (2009), Key Concepts in Governance, Sage, London.
2. Bevir, Mark, ed. (2010) The Sage Handbook of Governance. Thousand Oaks, CA:
Sage Publications. Bovaird, Tony and ElkeLöffler, eds. (2009) Public Management
and Governance Second Edition. London: Routledge.
3. Farazmand, Ali and Jack Pinkowski, eds. (2006) Handbook of Globalization,
Governance, and Public Administration. London: CRC/Taylor & Francis.
4. Hajer, Maarten, and HendrikWagenaar (2003) “Introduction.” In Deliberative Policy
Analysis: Understanding Governance in the Network Society, ed. Maarten A. Hajer
and HendrikWagenaar. Cambridge, UK: Cambridge University Press.
5. Kjaer, A (2004) Governance. Cambridge, UK: Polity Press.

100
Journals:
1. Jayal, N. G., Amit, P., & Sharma, P. K. (2006). Local governance in India:
decentralization and beyond. Local governance in India: decentralization and beyond.
2. Kumar, A., &Narain, V. (2014). Public policy and governance in India.
3. Naidu, G. M., Cavusgil, S. T., Murthy, B. K., &Sarkar, M. (1997). An export
promotion model for India: Implications for public policy. International business
review, 6(2), 113-125.
4. Monga, A. (2008). E-government in India: Opportunities and
challenges. JOAAG, 3(2), 56.
5. Harriss, J. (2007). Antinomies of empowerment: observations on civil society, politics
and urban governance in India. Economic and Political Weekly, 2716-2724.
6. Bhagat, R. B. (2005). Rural‐urban classification and municipal governance in
India. Singapore Journal of Tropical Geography, 26(1), 61-73.

Further Readings:

Books:

1. Hajer, Maarten, and HendrikWagenaar (2003) “Introduction.” In Deliberative Policy

Analysis: Understanding Governance in the Network Society, ed. Maarten A. Hajer
and HendrikWagenaar. Cambridge, UK: Cambridge University Press.
2. Kjaer, A (2004) Governance. Cambridge, UK: Polity Press.
3. Kooiman, Jan ed. (1993) Modern Governance: New Government-Society Interactions.
London: Sage. Kooiman, Jan. (2003) Governing as Governance. London: Sage.
4. Kooiman, Jan ed. (1993) Modern Governance: New Government-Society Interactions.
London: Sage. Kooiman, Jan. (2003) Governing as Governance. London: Sage.
5. Morrison, Donald (1945) “Public Administration and the Art of Governance.” Public
Administration Review 5:1: 83-87
6. Anderson J.E., (2006) Public Policy-Making: An Introduction,
Boston,HoughtonBardach,
7. Eugene (1977), The Implementation Game: What Happens After a Bill Becomes a
Law, Cambridge,
8. MA: MIT Bergerson, Peter J. (ed.), (1991), Teaching Public Policy: Theory, Research
and Practice, Westport, RI: Greenwood Press

101
9. Eugene (1977), The Implementation Game: What Happens After a Bill Becomes a
Law, Cambridge,
10. MA: MIT Bergerson, Peter J. (ed.), (1991), Teaching Public Policy: Theory, Research
and Practice, Westport, RI: Greenwood Press

Journals:
1. Bhagat, R. B. (2005). Rural‐urban classification and municipal governance in
India. Singapore Journal of Tropical Geography, 26(1), 61-73.
2. Lele, U. J. (1971). Food grain marketing in India. Private performance and public
policy. Ithaca, NY/London: Cornell University Press.
3. Marcesse, T. (2018). Public policy reform and informal institutions: The political
articulation of the demand for work in rural India. World development, 103, 284-296.
4. Joshi, A., & Aoki, M. (2014). The role of social capital and public policy in disaster
recovery: A case study of Tamil Nadu State, India. International Journal of Disaster
Risk Reduction, 7, 100-108.
5. Sabatier, P. A. (1991). Political science and public policy. PS: Political Science &
Politics, 24(2), 144-147.
6. Spiller, P. T., &Tommasi, M. (2003). The institutional foundations of public policy: a
transactions approach with application to Argentina. Journal of Law, Economics, and
Organization, 19(2), 281-306.
7. Heikkila, T., &Gerlak, A. K. (2013). Building a conceptual approach to collective
learning: Lessons for public policy scholars. Policy Studies Journal, 41(3), 484-512.
8. Preston, L. E., & Post, J. E. (1981). Private management and public policy. California
Management Review, 23(3), 56-62.
9. Preston, L. E., & Post, J. E. (1981). Private management and public policy. California
Management Review, 23(3), 56-62.
10. Lascoumes, P., & Le Galès, P. (2007). Introduction: understanding public policy
through its instruments—from the nature of instruments to the sociology of public
policy instrumentation. Governance, 20(1), 1-21.

102
Learning Outcomes
After completion of the course the students will be able to -
 Clear understanding about the ideas, mechanisms, practices, and outcomes that
comprise public policy
 Critically analyze the ideas, mechanisms, practices and outcomes that shape public
policy and governance problems, programs and policies.
 Provide purposive solutions by framing problems, providing programmatic
solutions, undertaking policy and governance research
 Develop meaningful and equitable solutions to contemporary problems in Public
Policy and Governance

103
HBB0412: PRINCIPLES OF MARKETING

Objectives of the Course

As law firms begin their growth journeys and the legal marketplace gets more
competitive, carving a piece of the market is vital to stay afloat. Law firm marketing can be
scaled down, professional and intelligent. This course objective enables a student to
understand the fundamentals of marketing concept, ‘Marketing mix’ elements and strategies
and principles underlying the modern marketing practices.

COURSE OUTLINE

Module I: Introduction of Marketing and Law Firm Growth

a) Marketing – Meaning, Concepts, Importance and Functions of Marketing.
b) Marketing - Fundamentals and Approaches.
c) Difference between Marketing, Market and Selling.
d) Objectives of Marketing Management – New Thoughts in Marketing.

Module II: Market Segmentation

a) Market Segmentation - Meaning and Definition, Merits, Demerits and Cost of Market
Segmentation.
b) Bases of Market Segmentation – Market Segmentation vs Product Differentiation.
c) Marketing Mix – 4 P’s of Marketing.
d) Target Marketing – Product Positioning.

Module III: Product Decisions

a) Product – Meaning and Concept of Product.
b) Classificationof Products.
c) Major Product Decisions – Product Line and Product Mix.
d) Product Life Cycle.
e) New Product Development and Consumer Adoption Process.

104
Module IV: Branding
a) Brand - Meaning of Brand and Branding, Importance of Brand Name and Brand Mark.
b) Types of Brands – Trade Mark,Trade Name, Patents and Copyright.
c) Characteristics of Good Brand Name.
d) Pros and Cons of Branding.

Module V: Packaging and Labelling

a) Packaging – Definition, Objectives and Functions of Packaging.
b) Essentials of Good Packaging.
c) Packaging Strategies.
d) Labelling – Meaning, Purpose and Kinds.

Module VI: Pricing Decisions

a) Pricing - Meaning, Objectives and Importance of Pricing.
b) Methods of Price determination.
c) Factors Affecting the Price Determination.
d) Merits and Demerits of Price Fixations.
e) Pricing policies and strategies – Discountsand rebates.

Module VII: Issues and Developments in Marketing

a) Social, Ethical and Legal aspects of Marketing.
b) Marketing of Services – International Marketing.
c) Developments in Marketing – GreenMarketing – Cyber Marketing –
RelationshipMarketing.

Recommended Readings:
Books:
1. Philip Kotler, Marketing Management, Prentice Hall of India (Pvt.) Ltd, New Delhi, 2016.
2. R.S.N. Pillai and Bagavathi, Modern Marketing, Sultan Chand & Sons, New Delhi.
3. Dr. L. Natarajan, Marketing Management, Margham Publications, Chennai, 2019.
4. Stanton, Etzel, Walker, Fundamentals of Marketing, Tata-McGraw Hill, New Delhi.
5. McCarthy, E.J., Basic Marketing: A Managerial Approach, Irwin, New York.

105
Journals / Journal Articles:
1. Camilleri, Mark. (2017). “Market Segmentation, Targeting and Positioning”. 10.1007/978-
3-319-49849-2_4.
2. Gupta, Suraksha&Gallear, David & Rudd, John &Foroudi, Pantea. (2020). “The Impact of
Brand Value on Brand Competitiveness”. Journal of Business Research. 112. 210-222.
10.1016/j.jbusres.2020.02.033.
3. Touzé, Florence. (2020). “The Brand”. 10.4324/9781003010340-5.
4. S, Jayanthy& R, Velanganni& G, Santhosh. (2019). “A Study on Market Segmentation”.
Journal of Advanced Research in Dynamical and Control Systems. 11. 1356-1361.
10.5373/JARDCS/V11/20192749.
5. Remeňová, Katarína. (2019). “Pricing Decision Making Process”.

Further Readings:
Books:
1. Aaker, David A. etc., Advertising Management, 8th Edition, PHI, 2013.
2. Belch, George E. and Belch, Michael A.; Advertising and promotion, Tata McGraw Hill,
New Delhi.
3. Ogilvy David, Ogilvy on Advertising, London, Longman.
4. Jones, John Philip, What’s in a brand, Tata McGraw Hill, New Delhi.
5. Chunawalla, S.A., Advertising, Sales and Promotion Management, Himalaya Publishing
House, Mumbai.
6. Mohan, Manendra, Advertising Management, Tata McGraw Hill, New Delhi.
7. Sandage and Fry burger, Advertising Management.
8. Kotler, Philip, "Marketing Management: Analysis, Planning, Implementations and
Control", PearsonEducation, New Delhi, Latest Edition.
9. Douglas, J. Darymple& Leonard J. Parsons, “Marketing Management: Text and Cases”,
Seventh Edition, John Wiley and Sons, 2012.
10. Bull, Victor P., "Marketing Management: A Strategic Planning Approach", McGraw
Hill, New York.

106
Journals:
1. International Journal of Marketing
https://www.journals.elsevier.com/international-journal-of-research-in-marketing
2. International Marketing Review
http://emeraldgrouppublishing.com/products/journals/journals.htm?id=imr
3. Asia Pacific Journal of Marketing and Retail Management(EAPJMRM)
http://www.elkjournals.com/EAPJMRM.asp
4. Journal of International Marketing
https://www.ama.org/publications/JournalOfInternationalMarketing/Pages/About.aspx
5. International Journal of Research in Marketing
http://www.journals.elsevier.com/international-journal-of-research-in-marketing/
6. Industrial Marketing Management
http://www.journals.elsevier.com/industrial-marketing-management/
7. Journal of Marketing Management
http://www.tandfonline.com/loi/rjmm20
8. Hasan, Jahid. (2020). “Green Marketing in Fashion: A Critical Analysis of Green
Marketing for Apparel Mass Market”. 10.13140/RG.2.2.25077.73447.
9. Ahmad, Nawaz &Billoo, Mohib&Lakhan, Asad. (2012). “Effect of Product Packaging in
Consumer Buying Decision”. Journal of Business Strategies, ISSN: 1993-5765. 6. 1-10.
10. Achrol, Ravi S. (1991), “Evolution of the Marketing Organization: New Forms for
Dynamic Environments,” Journal of Marketing, 55 (October), 77–93.

Learning Outcomes:
 After completion of the course, Students will be able to -
 Understand the marketing world in order to have critical and creative thinking on
developing various marketing strategies, so as to become a competent lawyer.
 Recognize the basic marketing principles and concepts and exposure on Brand wars
going on among several companies.
 Have critical thinking on how to solve various marketing related cases, such as
Advertisement Ethics Issues, Promotional Strategies Issues and Consumer Issues.
 Obtain constructive knowledge on Product Decisions, Market Segmentation, Pricing
Strategies, Packaging and Labelling and Virtual Marketing Strategies.

107
HLC0407: CONSTITUTIONAL LAW OF INDIA – II
CONSTITUTIONAL STRUCTURE AND CENTRE - STATE
RELATIONS

Objectives of the Course

This course aims at a better understanding of the legal issues involved in the working of the
Constitutional Law and the role played by the three organs in the same. It introduces the
students to the stormy Centre-State relations and the conduct of elections.It is designed to
impart the students about the composition, powers and functions of the Union and State
Executives. It aims at educating the students all about the Parliament and state legislatures.
It throws light on the working of the Judiciary, Supreme Court and High Courts and their
writ jurisdictions. It discusses the most contentious issue of the Centre-State relations. It is
also designed to discuss government contracts and the all-important aspects of the power of
Centre-State fiscal relations, emergency provisions and elections in detail.
After undergoing the study of this paper the student should be able to understand the
following:
1. Identify the role played by the three organs of the Government.
2. Able to understand the relationship between the Centre and the States in various aspects.
3. Learn about the Emergency Provisions and the Election Commission of India.
COURSE OUTLINE
MODULE I: EXECUTIVE STRUCTURE, POWERS AND FUNCTIONS

a) The Union Executive – The President - Election, Qualifications & Terms of Office of
President - Privileges, Powers and Duties of President - Impeachment of President.
b) The Vice – President - Qualifications & Election of Vice-President – Functions &
Terms of Office of Vice – President.
c) Council of Ministers - Appointment of Ministers - Council of Ministers & Cabinet -
The Individual, Collective, Legal & Ministerial Responsibility - President’s relation
with the Council of Ministers.
d) Attorney General of India - Comptroller and Auditor General of India.
e) The State Executive - Appointment, Powers & Qualifications of Governor - The
Council of Ministers - The Advocate General.

MODULE II: PARLIAMENT AND THE STATE LEGISLATURE

a) The Union Legislature – Parliament - Composition of Parliament & Houses of

Parliament - Duration & Sessions of the Houses of Parliament - Qualification for
Membership of Parliament.

108
b) Powers of Speaker, Deputy speaker & Chairman.
c) Ordinary, Money Bills & Financial Bills - Parliament’s Control over Financial
System.
d) Committee on Estimates, Committee on Public Accounts, Consolidated Fund of India
& Contingency Fund of India.
e) The State Legislature - Composition & Duration of State Legislature - Qualification
of Membership of State Legislature.

MODULE III: UNION & STATE JUDICIARY

a) The Union – Supreme Court - Composition of Supreme court - Qualifications

&Appointment of Supreme Court Judges & National Judicial Appointment
Commission - Impeachment of Judge of the Supreme court.
b) Jurisdiction of Supreme court- Original, Writ, Appellate, Advisory - Powers to Punish
for Contempt & Concept of Curative Petition.
c) The State – High Court - Appointment, Transfer of Judge of High Court - Terms of
Office & Removal of Judge of High Court.
d) Jurisdiction & Powers of High Court.

MODULE IV: RELATIONS BETWEEN UNION & THE STATES

a) Distribution of Legislative, Administrative and Fiscal Powers & Freedom of Trade

and Commerce.
b) Legislative Relations - Doctrine of Territorial Nexus – Subject matter of laws made
by Parliament and Legislatures of States - Doctrine of Harmonious Construction -
Doctrine of Pith and Substance – Doctrine of Occupied Field – Doctrine of
Colourable Legislation.
c) Parliament’s Power to Legislate in State List – Implied and Residuary Power -
Doctrine of Repugnancy.
d) Administrative relations – Full faith and credit clause – Centre and inter-state conflict
management.
e) Fiscal Relations – Sharing of tax – GST – Constitutional Limitations.

MODULE V: TRADE COMMERCE AND INTERCOURSE WITHIN THE

TERRITORY OF INDIA

109
a) Freedom of Trade, Commerce and Intercourse - Meaning of Freedom of trade, commerce
and intercourse.
b) Power of the Parliament to impose restrictions on trade commerce and intercourse.
c) Goods and Service Tax (GST) - Impact of Globalization.

MODULE VI: EMERGENCY PROVISIONS

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.

MODULE VII: OTHER CONSTITUTIONAL FUNCTIONARIES

a) Organisation, powers and function of Election Commission of India.

b) Union Public Service Commission, State Public Commission – Constitutional safeguards
for Civil Servants Art 311 - Protection against arbitrary dismissal, removal, or reduction
in rank – Exceptions to Art 311.
c) Role of Finance Commission – Planning Commission – Inter- state Council – National
Development Council - Local Self Government (Panchayat Raj).

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 JastiChelameswar 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)

110
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.
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, 17 th 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, 1 st 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.

111
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.

Learning Outcomes:
After completion of the course students will be able to-
1. Understand the structure of the Government in the Centre and in the States and its
governance.
2. Appreciate the role of judiciary and the different kinds of jurisdictions that can be
exercised by the Supreme Court and High Courts.
3. Examine the relationship between the Centre and the States in various aspects.
4. Identify the circumstances under whichemergency can be proclaimed under the
Constitution.

112
HLC0408: 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.

In this context, the course seeks to cover:

 the concepts and principles of special contracts and it's relevance thorough decided
cases;
 how to establish relationship of general principles with the special contracts;
 understand the growing importance of special contracts and to have understanding of
the new forms of special contracts including technology transfer agreements, e-
contracts, software licensing agreements, government contract etc.

COURSE OUTLINE

MODULE I: CONTRACTS OF INDEMNITY - SECTIONS 124-125

a) Concept of indemnity in general
b) Need for indemnity to facilitate commercial transactions
c) Definition of the contract of indemnity
d) Formation and essential features of indemnity
e) Purpose of the contract of indemnity, and its use in facilitating and supporting
transactions
f) Nature and extent of liability of the indemnifier
g) Commencement of liability of the indemnifier

113
h) Rights and Duties of the Indemnifier and the Indemnified.
i) Difference between Indian and English Law as to Indemnity
j) Distinction between an indemnity, a warranty and a representation

MODULE II: CONTRACTS OF GUARANTEE - SECTIONS 126 TO 147

a) Definition of a contract of guarantee

b) Formation and essentials features of a contract of guarantee
- Parties to the contract;
c) Position of minor and validity of guarantee when minor is the principal debtor,
creditor or surety
d) Consideration for a contract of guarantee
e) Continuing guarantee, and its revocation
f) Difference between Guarantee and independent liability
g) Comparison between guarantee and indemnity
h) Nature and extent of surety's liability;
- commencement
- duration and
- termination
i) Surety’s rights against
- the principal debtor
- the creditor
- co-surety
j) Special position of a surety: a privileged debtor
k) Letters of credit and bank guarantees
l) Co-surety and manner of sharing liabilities and rights
m) Discharge of surety’s liability

MODULE III:CONTRACTS OF BAILMENT - SECTIONS 71, 148-171, 180-181

a) Definition of a contract of bailment

b) Formation and essential features of a contract of bailment
- Parties to the contract
- Creation of a contract of bailment
- Obligations of bailment despite contract
- Gratuitous bailments

114
c) Lien:
- General and
- Particular Lien
d) Types of Bailor and Bailee
e) Examples of contracts of bailment: for benefit of bailor, for benefit of bailee
- Rights, duties, disabilities and liabilities of a bailor and a bailee towards each
other
f) Termination of bailment, and consequences of termination
g) Finder of goods as a bailee
h) Liability towards the true owner
i) Obligation to keep the goods safe
j) Right to dispose off the goods

MODULE IV: CONTRACTS OF PLEDGE - SECTIONS 172 – 179

a) Definition of a contract of pledge

b) Essential features of a contract of pledge
- Parties to the contract
- Creation of a contract of pledge
c) Distinction between contracts of pledge, lien, bailment, hypothecation
d) Rights, liabilities, duties and disabilities of the
- Pawnor (Pledger)
- Pawnee (Pledgee)
- Pawnee's right of sale
e) Pledge by certain specified persons under sections 178, 178A, 179 of Contract Act,
1872.

MODULE V: CONTRACTS OF AGENCY: SECTIONS 182 – 238

a) Definition of a contract of agency

b) Identification of different kinds of agency transactions in day to day life
c) Kinds of agents and agencies
d) Tests for determining existence of agency relationship
e) Essential features of a contract of agency
- Parties involved
- Kinds of agents and agencies

115
f) Creation of agency
g) Distinction between agent, servant or employee, and independent contractor
h) Agent’s authority
- Scope and extent
- Express or implied
- apparent or ostensible authority and
- authority in an emergency
- Restrictions or limitations on authority
i) Delegation of authority
j) Relationship between a principal, agent, sub-agent and substituted agents.
k) Doctrine of Unnamed, Undisclosed Principal and Foreign Principal
l) Doctrine of Ratification and Relation back
m) Duties, Rights and Liabilities of an Agent towards the Principal and Third Party
n) Liability of the principal for acts of the agent including misconduct and tort of the
agent
o) Personal liability of an agent
p) Pretended Agent
q) Methods of termination of agency contract
- Effects of termination
- Liability of the principal and agent before and after such termination

MODULE VI: CONTRACTS OF SALE OF GOODS - THE SALE OF GOODS ACT

1930

a) Definition of a contract of sale of goods

b) Goods – Meaning, Existing and future goods, Specific, ascertained, unascertained
goods, Effect of perishing of goods
c) Essential features of a contract of sale
d) Formation of Sale contract
e) Sale differentiated from other type of contracts
f) Sale as a transfer of property
g) Conditions and Warranties
- Implied conditions and warranties
- Express conditions and warranties
h) The rule ‘caveat emptor’ and exceptions thereto

116
i) Passing of Property
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
MODULE VII:CONTRACTS OF PARTNERSHIP - THE INDIAN PARTNERSHIP
ACT 1932 AND THE LIMITED LIABILITY PARTNERSHIP ACT 2008
a) Definition of a contract of partnership
b) Essential features of a contract of partnership:
- the firm and the partners,
- Parties to the contract,
- Minor as partner
c) Kinds of partnership
d) Registration of Partnership Firm and consequences of non-registration
e) Rights, Duties and Liabilities of Partners
f) Mutual relationship between partners: their rights, liabilities and duties against each
other
g) Relationship of partners to third parties
h) Partner as agent of firm, Partners’ authority, Implied authority, Mode of exercising
authority, Liability of the firm for acts of partners
i) Property of the firm
j) Change in constitution of a firm
- Admission, retirement, expulsion, death and insolvency of any partner.
- Public notice
- Effect of change in constitution of the firm
k) Dissolution of a firm
- Modes of dissolution
- Effect of dissolution
- Agreements in restraint of trade
l) Limited Liability Partnership
- Essential features
- Distinction between LLP and ordinary partnership

117
RECOMMENDED READINGS:
Books:
1. Anson’s Law of Contract, Oxford University Press, 13th Edition, 2016.
2. Law of Contract & Specific Relief, by Avtar Singh, Eastern Book Company, 12th
Edition, 2017, reprinted 2019.
3. Law of Sale of Goods, by Avtar Singh, Eastern Book Company, 8th Edition, 2018.
4. Introduction to Law of Partnership, by Avtar Singh, Eastern Book Company, 11th
Edition, 2018.
5. Palmer on Bailment, edited by Norman Palmer, Sweet & Maxwell Ltd, 03rd Edition,
2009.
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,
9. Allahabad
10. M.S.Parthasarathy (ed.), J. S. Khergamvala, The Negotiable Instruments Act

118
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,HarvardBlackLetter Law
Journal,
3) Commercial Utility of Bailment,KartikMandloi,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
Published by: Cambridge University Press on behalf of Editorial Committee of the
Cambridge Law Journal.
5) Computing Damages in Hire purchase Agreements: A Re-LookBREACH OF
CONTRACT, ICFAI University Publications,
6) 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
7) Partnership Formation: The Role of Social Status,Haimanti
Bhattacharya&SubhasishDugar,
https://pubsonline.informs.org/doi/abs/10.1287/mnsc.2013.1818.
8) 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)
9) 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,CharlieWebb,Oxford Journal of Legal Studies, Volume 26,
Issue 1, Spring 2006.

Cases for Guidance:

1. Ultzen v. Nicols [1894 1 QB 92]

119
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. PrabhudasHathibhai [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 OUTCOME:

After completion of the course students will be able to –

1. grasp the nuances of the contractual transactions involving Special forms of

contracts.
2. analyse the implications of a contractual arrangement falling under any of the
discussed head of special contracts.
3. determine the legality of the transactions and also the rights and duties of the parties.
4. deal with the disputes arising out of such contractual arrangements.

120
THIRD YEAR
V-SEMESTER

HBB0513: FINANCIAL SERVICES

Objectives of the Course
To make students to acquire the skills necessary to participate in managing a financial
services company. Assess consumer financial needs and the mechanisms available for
fulfilling these needs. Describe and apply financial concepts, theories and tools. Prepare
students who wish to practice dealing with legal problems related to financial services.

COURSE OUTLINE
Module I: Introduction to Financial Services
a) Concept of Financial Services – Objectives – Functions – Characteristics - Financial
Service Market - Financial Service Market Constituents
b) Growth of Financial Services in India - Problems in Financial Services Sector
c) Banking and Non-Banking Companies - Regulatory Framework.
d) Blockchain - Its impact on financial services

Module II: Factoring, Forfaiting and Bills Discounting

a) Introduction to Factoring - Types of Factoring - Theoretical Framework - Factoring
Cost - Advantages and Disadvantages of Factoring - Factoring in India
b) Factoring v/s Forfaiting - Working of Forfaiting - Benefits and Drawbacks of
Forfaiting - Practical Problems
c) Bill Discounting – Introduction – Framework - Bill Market Schemes - Factoring V/s
Bill Discounting in Receivable Management.

Module III: Issue Management

a) Issue Management and Intermediaries – Introduction – Merchant Bankers – Lead
Managers – Underwriters – Bankers to an Issue – Brokers to an Issue
b) Introduction to Stock Broking – Stock Brokers – Sub-Brokers – Foreign Brokers –
Trading and Clearing/Self Clearing Members – Stock Trading ( Cash and Normal)
Derivative Trading

121
Module IV: Securitization
a) Definition of Securitization – Securitization v/s Factoring – Features of Securitization –
Pass Through Certificates
b) Securitization Mechanism – Special Purpose Vehicle - Securitisable Assets - Benefits
of Securitization - New Guidelines on Securitization

Module V: Lease and Hire-Purchase

a) Meaning of Lease - Types of Lease - Finance Lease, Operating Lease – Advantages
and Disadvantages of Leasing
b) Leasing in India – Legal Aspects of Leasing.
c) Definition of Hire Purchase – Hire Purchase and Installment Sale Characteristics –
Hire Purchase and Leasing – Advantages of Hire Purchase – Problems of Hire Purchase.

Module VI: Housing Finance

a) Introduction to Housing Finance – Housing Finance Industry – Housing Finance Policy
Aspect – Sources of Funds – Market of Housing Finance
b) Housing Finance in India – Major Issues – Growth Factors – Housing Finance
Institutions in India – National Housing Bank (NHB)
c) Guidelines for Asset Liability Management System in HFC – Fair Trade Practice Code
for HFC’s – Housing Finance Agencies.

Module VII: Venture Capital

a) Introduction to Venture Capital - Features of Venture Capital \
b) Types of Venture Capital Financing Stages
c) Disinvestment mechanisms
d) Venture Capital Investment process – Indian Scenario
e) The bitcoin ecosystem – impact on financial services

Module VIII: Consumer Finance

a) Introduction to Consumer Finance – Sources – Types of Products
b) Consumer Finance Practice in India – Mechanics of Consumer Finance – Terms –
Pricing - Marketing and Insurance of Consumer Finance
c) Consumer Credit Scoring – Case for and against Consumer Finance

122
Module IX: Plastic Money
a) Growth of Plastic Money Services in India – Types of Plastic Cards – Credit card –
Debit Card – Smart card – Add-on Cards
b) Performance of Credit Cards and Debit Cards – Benefits of Credit Cards – Dangers of
Debit Cards – Prevention of Frauds and Misuse – Consumer Protection – Indian Scenario.
c) Smart Cards – Features – Types – Security Features and Financial Applications

Module X: Credit Rating

a) Credit Rating – Meaning – Origin – Features – Advantages of Rating
b) Regulatory Framework of Credit Rating Agencies – Credit Rating Process – Credit
Rating Symbols
c) Credit Rating Agencies in India – Limitations of Rating

Recommended Reading:
Books:
1. Pandey, I. M. (2015). Essentials of Financial Management, 4th Edtion. Vikas publishing
house.
2. Khan, M. Y. (2015). Financial services. Tata McGraw-Hill Education.
3. Padmalatha, S. (2017). Management of Banking And Financial Services, 2/E. Pearson
Education India.
4. Gurusamy, S. (2017) Essentials of Financial Services. Vijay Nicole Imprints; 3rd edition
5. Gordone, E &Natarajan, K. (2018).Financial Services.Himalaya Publishing
House; 2018 edition

Journals/Journal Articles:
1. Ouma, S. A., Odongo, T. M., & Were, M. (2017). Mobile financial services and financial
inclusion: Is it a boon for savings mobilization?. Review of development finance, 7(1), 29-35.
2. Gomber, P., Kauffman, R. J., Parker, C., & Weber, B. W. (2018). On the fintech revolution:
Interpreting the forces of innovation, disruption, and transformation in financial
services. Journal of Management Information Systems, 35(1), 220-265.
3. Fanning, K., &Centers, D. P. (2016). Blockchain and its coming impact on financial
services. Journal of Corporate Accounting & Finance, 27(5), 53-57.
4. Chanias, S., Myers, M. D., & Hess, T. (2019). Digital transformation strategy making in pre-
digital organizations: The case of a financial services provider. The Journal of Strategic
Information Systems, 28(1), 17-33.

123
5. Zachariadis, M., Hileman, G., & Scott, S. V. (2019). Governance and control in distributed
ledgers: Understanding the challenges facing blockchain technology in financial
services. Information and Organization, 29(2), 105-117.
6. Bachas, P., Gertler, P., Higgins, S., &Seira, E. (2018, May). Digital financial services go a
long way: Transaction costs and financial inclusion. In AEA Papers and Proceedings (Vol.
108, pp. 444-48).
7. Tamilselvi, S., &Karpagavalli, V. (2018). Customer satisfaction with plastic money in
Tirupur. Indian Journal of Computer Science, 3(3), 40-47.
8. Sangiorgi, F., &Spatt, C. S. (2017). The economics of credit rating agencies. Foundations and
Trends in Finance, 12, 1-116.
9. Medina, P. C. (2017). Selective attention in consumer finance: Evidence from a randomized
intervention in the credit card market. Unpublished Manuscript.
10. Burke, M., & Fry, J. (2019). How easy is it to understand consumer finance?. Economics
Letters, 177, 1-4.

Learning Outcomes
After completion of the course students will be able to –
 Describe the dimensions of performance and risk relevant to financial services companies.
 Explain how the financial services component industries interact.
 Describe the various financial products, services, and strategies offered by the variety of
financial services institutions.
 Describe the impact that financial innovation, advances in technology, and changes in
regulations has had on the structure of the financial services industry.

124
HLC0509: JURISPRUDENCE

Objectives of the Course:

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.

Module II: Evaluative Jurisprudence

(a) Schools of Jurisprudence – Western Thoughts and Indian Jurisprudence – Concept of

Dharma – Social Transformation and Social Justice
(b) Jurisprudence and other fields of knowledge such as Art, Humanities, Social Sciences,
Medicine, Science and Technology – Jurisprudence in Socio-Political context and
Normative context – Discovery or formulation of “A common law of mankind”
(c) Similarities and differences between – (i) Local Law & Global Law; (ii) Civil Law &
Common Law; (iii) Cultural & Technical aspects; (iv) Micro & Macro aspects.

Module III: Classificatory Jurisprudence

(a) Definition of Law – Kinds of Law – Nature and Functions of State – State and
Sovereignty – Relationship with Law and State
(b) Sources of Law – Classical and Modern Sources – Sruti, Smriti, Convention, Custom,
Legislation, Precedent and its kinds – Stare Decisis, Ratio Decidendi and Obiter Dicta

125
(c) Administration of Justice – Complete Justice – Theories of Justice – Basis of
International Law and Constitutional Law.

Module IV: Conceptual Jurisprudence - I

(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

Module V: Conceptual Jurisprudence - II

(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

Module VI: Functional Jurisprudence

(a) Application of Law and Interpretation of Law

(b) Codification of Customary Law and Enforcement mechanism – Writ Remedies
(c) Public Interest Litigation – Justice Delivery System – Judicial Activism and Judicial
process.

Module VII: Developmental Jurisprudence

(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
(c) Post-Modern legal theory – Pragmatism and Post-structuralism – Law & Justice in
contemporary era.

126
RECOMMENDED READINGS (Hardcopy & E-Books):

Books:

1. Lloyd’s Introduction to Jurisprudence, 2014, 9th Edition, Sweet & Maxwell.

2. S.N. Dhyani, “Fundamentals of Jurisprudence – The Indian Approach”, 2015, 3rd
Edition, Central Law Agency Publishers.
3. Avtar Singh, “Introduction to Jurisprudence”, 2015, 4 th Edition, LexisNexis
Butterworths.
4. V.D. Mahajan, Jurisprudence and Legal Theory”, 2017, 5th Edition, Eastern Book
Company.
5. N.V. Paranjape, “Studies in Jurisprudence and Legal Theory”, 2019, 9 th Edition,
Central Law Agency.

Journals / Journal Articles:

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. RutiTeitel, “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=

1. Salmond on Jurisprudence, 2016, 12th Edition, Sweet & Maxwell.

2. Bruce D Sales, “The Psychology of Law: Human Behaviour, Legal Institutions and the
Law”, 2015, American Psychological Association.
3. Robert L. Hayman Jr., Nancy Levit and Richard Delgado, “Jurisprudence, Classical
and Contemporary: From Natural Law to postmodernism, 2nd Edition, West Academic
publishing
4. David Chan Smith, “Sir Edward Coke and the Reformation of the Laws: Religion,
Politics and Jurisprudence”, 2014, Cambridge University Press.
5. Paul Cliteur, AfshilEllian, “A New Introduction to Jurisprudence: Legality, Legitimacy
and the Foundations of the Law”, 2019, 1st Edition, Routledge Publishers.
6. JorgKammerhofer and Jean D’Aspremont, “International Legal Positivism in a Post-
Modern World”, 2016, Cambridge University Press.

127
7. “Plato: The Complete Works”, 2016, Titan Read Publishers.
8. “Aristotle: The Complete Works”, 2017, Book House Publishing
9. Satis Chandra Vidyabhusana and Dr. Sukhram, “The Nyaya Sutras of Gautama”, 2018,
Parimal Publications.
10. James Christensen, “Global Justice”, 2020, 1st Edition, Red Globe Press.

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

128
Learning Outcomes:
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.
*****

129
HLC0510: ADMINISTRATIVE LAW

Objectives of the Course:

The State’s multifarious responsibilities have resulted in a vast array of functions devolving
on state functionaries. In this bureaucratic raj, more powers, both quasi-legislative and
quasi-judicial, vest in bureaucrats to enable them to ensure effective administration.
Administrative Law is the branch of law that concerns itself with good governance that is
based on compliance with the law, transparency and non-arbitrariness in the exercise of
discretion and also with the delivery of administrative justice. This course lays emphasis on
understanding the evolution, nature and scope of Administrative Law and its relation with
Constitutional Law. Adequate systems of checks and balances, safeguards for procedural
fairness, the availability of judicial review and remedies to aggrieved persons, and the
general modus operandi of administration form the subject matter of this branch.
This course has been designed to:

I. Investigate the historical development of the concept of administrative law;

II. Explore and probe the evolution and current status of administrative law across
various jurisdictions, both in civil and common law countries, such as UK, USA,
France and India;
III. Scrutinize the role, scope and intricacies involved in delegated legislation;
IV. Ponder the basic requirements of procedural fairness and natural justice in
administrative procedures;
V. Survey the concept of judicial review and understand state accountability;
VI. Critically analyse remedies available if case of maladministration and Provide a
detailed study of public undertakings and the role of ombudsmen

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.

130
(c) Administrative Development Patterns in U.K., U.S.A., France and India

(d) Relationship Between Administrative Law and Constitutional Law.

(e) Basic Constitutional Principles - RuleofLaw - Doctrine of Separation of Powers - System

of checks and balances.

(f) Parliamentary Sovereignty in U.K., Limited Legislative Powersin U.S.A. and India.

(g) Classification of Administrative Action - Nature of Powers; Executive, Legislative

andJudicial - Legislative function and Quasi Legislative functions – Judicial function and
Quasi-Judicial functions - Administrative Directions.

Module II - Rule Making Power of the Administration

(a) Need for Delegated Legislation.

(b) Delegated Legislation in UK and USA.
(c) Delegated Legislation in India- Pre and Post Constitutional Period.

(b) Constitutionality of Delegated Legislation.

(b) Types of Delegated Legislation - Administrative directions.

(c) Permissible and Impermissible Limits of Delegation.

(d) Control over Delegated Legislation – Judicial, Procedural and Legislative Control.

Module III - Administrative Adjudication and Procedural Fairness

(a) Need for Administrative Adjudication.

(b) Reason for growth of Administrative Tribunals

(c) Franks Committee.

(d) Mechanism for administrative Adjudication – Quasi – Judicial Bodies, Tribunals.

(e) Merits and Demerits of Administrative Tribunals.

(f) Procedure and powers of Administrative Tribunal.

(g)Tribunal under Constitution.

(h) High Court’s Superintendence over Tribunals.

131
(i)Appeal to Supreme Court by Special Leave.

(j)Administrative Tribunals under Administrative Tribunals Act, 1985

(k) Domestic Tribunal.

(l) Principles of Natural Justice – Concept - Rule against Bias - Audi Alteram Partem –
Ingredients of Fair Hearing - Institutional Decision - Post-Decisional Hearing - Reasoned
Decisions - Exceptions to the Rule of Natural Justice - Effects of Breach of Natural Justice.

Module IV - JudicialReview and Liability of the State

(a) Need for JudicialReview.
(b) Scope of JudicialReview Jurisdiction of the Supreme Court -Writ Jurisdiction-Appeal by
Special Leave (Art. 136) - Scope and Object of Article 136.
(c) Jurisdiction of the High Court.
(d) Judicial Review of Administrative Action throughWrits.
(e) Scope of the Writ Jurisdiction - Locus-standi - Kinds of Writ - Grounds for issue of
Writs - Alternative Remedy-Laches or Delay-ResJudicata.
(f) Public Interest Litigation.
(g) Statutory and Equitable Remedies – Injunction - Declaration against the Government -
Exclusion of Civil Suits.
(h) Administrative Discretion - Nature and need of Administrative discretion - Grounds and
Extent of Judicial Review - Doctrine ofProportionality - Fundamental Rights and
Discretionary Powers
(i) Privileges and Immunities of Government in Legal Proceedings – Privilege to withhold
documents – Miscellaneous Privileges of the Government - Notice, Limitation,
Enforcement of Court Order - Binding nature of Statutes over the States action.
(j) Promissory Estoppel.
(k) Doctrine of Legitimate Expectation.
(l) Right toInformation.
(m) Liability of theState - Liability of the State in Torts and Contracts.
Module V -Maladministration and Alternative Remedies
(a) Need and Utility.

(b) Origin and development of the Institution.

(c) Ombudsman in England (Parliamentary Commissioner).

132
(d) Ombudsman in India – Lokpal - Lokayukta in States.

(e) Central Vigilance Commission.

Module VI - PublicUndertakings

(a) Object, Importance and Characteristics of Public Corporation.

(b) Classification of Public Corporations.

(b) Rights, Duties and Liabilities of Public Corporations.

(c)Controls over Public Corporations, Government Control, Parliamentary Control, Judicial

Control, Public Control.

(d)Role of Ombudsman in Public Undertaking.

1.Chauhan,(V.S), “Reasoned Decision: A Principle of Natural Justice” JILI, Vol.37, (1995)

pp. 92-104.
2.Saad AbdulbaqiSabti and YP Rama Subbaiah, “Conceptual analysis of sub Delegation: An
overview” International Journal of Law, Vol.3, Issue 3, (2017) p.75.
3.Seema Dalal, “Administrative law and judicial review of administrative action with a
special emphasis on the writ of Certiorari” International Journal of Law, Vol.3, Issue 3,
(2017) p.01.
4.Jarnail Singh and Dr. RK Gupta, “Doctrine of legitimate expectation: The emerging trends

133
in Indian Judiciary” International Journal of Law, Vol.3, Issue 5, (2017) p.135.
5. Dr. Rahul Tripathi, “Judicial Review: A Study in Reference to Contemporary Judicial
System In India” International Journal of Research – Granthaalayah, Vol. 4, No. 5 (2016),
p.5.

3.William Wade and Christopher Forsyth, “AdministrativeLaw” (Oxford University Press,

11th ed., 2014).
4.De Smith, “Constitutional Law and AdministrativeLaw” (Penguin, 2000).
5.Foulkes, “AdministrativeLaw” (Oxford University Press, 1995)
6.Indian Law Institute, “Cases and Material of Administrative Law” (1996).
7.Michael T Molan, “Administrative Law ( London: Old Bailey Press, 2001).
8.David Stott & Alexandra Felix, “Principles of Administrative law” (London: Cavendish
Publishing Limited, 1997).
9.Paul Craig, “Administrative Law” (London: Sweet & Maxwell, 2011).
10.J.A.G. Griffith and H. Street, “Principles of Administrative Law” (Sir Isaac
Pitman, 1963).

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.

2. A.BeulaChrismak Darius and Ms.R.Dhivya, “Applicability of Principles of Natural Justice

to The Administrative Proceedings” International Journal of pure and Applied Mathematics,
Vol.120, No.5, (2018), p.2013.

3. S. Saran and Ms. R. Dhivya, “Administrative Tribunals Under Indian Constitution”

International Journal of pure and Applied Mathematics, Vol.120, No.5, (2018), p.1939.

134
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.

5. S.ShruthiTaarana 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.

Cases for Guidance:

1. Express Newspapers Ltd v. Union of India, AIR 1986 SC 872.

2. Ridge v. Baldwin, 1964 AC 40.
3. Rampur Distillery Co. Ltd. v. Company Law Board, AIR 1970 SC 1789
4. Delhi Laws Act,1912, re , AIR 1951 SC 332.
5. Hamdard Dawakhana v. Union of India, AIR 1960 SC 554.
6. Chintamanrao v. State of M.P., AIR 1951 SC 118.
7. Hiranath Mishra v. Rajendra medical College, AIR 1973 SC 1260.
8. Dhakeshwari Cotton Mills Ltd. v. CIT, AIR 1955 SC 65.
9. Union of India v. H.C.Goel AIR 1964 SC 364.
10. ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.
11. SP Gupta v Union of India 1981 supp SCC 87.
12. N. Nagendra Rao v. Status A.P., (1994) 6 SCC 205.
13. Vineet Narain v. union of India AIR 1998 SC 889.
14. Sunil Kumar v. State of West Bengal, 1980 AIR 1170
15. Vishwarao v. Lok ayukta, Maharashtra, AIR 1985 Bom 136

135
Learning Outcome

Upon completing this course, the student will be able to:

1. Grasp the historical development of administrative law and gain conceptual clarity of
this branch of law across various civil and common law jurisdictions;
2. Ponder the importance, powers, and limitations of delegated legislation;
3. Master the crucial concept of natural justice and the touchstone requirements of
administrative procedures;
4. Perceive the criticality of judicial review and state accountability, and understand the
available remedies;
5. Develop a keen understanding of the applicability of administrative law to public
companies and be deeply aware of the importance of ombudsmen

136
HLC0511: FAMILY LAW - I

Objectives of the Course

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

MODULE I: SOURCES AND SCHOOLS OF PERSONAL LAWS

a. Application of various Personal Laws
b. Traditional and Modern Sources of Hindu Law and Muslim Law
c. The Classical Schools of Hindu Law and Muslim Law - Origin of the Schools -Main
Schools and Sub-Schools – Differences - Effect of Migration.

MODULE II: LAW ON MARRIAGE

a. Nature of Marriage - Various forms of marriage and requirements for a valid marriage
on a comparative analysis – Ceremonies of marriage under various religious systems.

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 -

MODULE III: LAW ON MATRIMONIAL RELIEFS

a. Restitution of Conjugal Rights,
b. Judicial Separation,
c. Nullity of Marriage and Divorce under various personal Laws –

137
d. Various Grounds for Divorce and procedure on a comparative analysis –
e. Court’s jurisdiction and procedure for the issues raised on Marriage and Divorce- In
Camera proceedings - Decree on Proceedings

f. Domestic Violence - Structure, Procedure and Jurisdiction of Family Courts - The

Family Courts Act.

MODULE IV: LAW ON MAINTENANCE

a. Maintenance under Hindu, Muslim and Christian Laws - Permanent Alimony –
Maintenance during pendency of the Suit –
b. Maintenance under the Special Marriage Act,
c. Maintenance under the Hindu Adoptions and Maintenance Act
d. Maintenance under the Code of Criminal Procedure- Maintenance of Parents and
Aged Persons.

MODULE V: LAW ON LEGITIMACY OF CHILDREN AND ADOPTION

a. Legitimacy of children born of Void and Voidable Marriages under various religious
laws- Their Rights and Legal Issues
b. Adoption in different religious groups - Requisites, Conditions, Procedure of
Adoption -Effect of Adoption
c. Inter-Country Adoptions
d. Adoption under the Juvenile Justice (Care and Protection of Children)Act, 2015

MODULE VI: LAW ON MINORITY AND GUARDIANSHIP

a. Guardian under the Hindu Minority and Guardianship Act, 1956 - Definition-
b. Types of Guardians- Guardianship under Muslim Law
c. Procedure for appointment of Guardians and their powers
d. Guardian under the Guardian and Wards Act, 1890.
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. SubbaRAo's
Family Law in India, (Gogia& Co., 2018)

138
Articles from Journals:
1. Family Law Special Issue, JILI Vol. 45 (2003) (Full Journal July - Dec)
2. Kusum, Is a Restitution Decree Sexploitative? Need for Relook?,JILIVol. 61 (2019)
p.144 - 48

3. Vijendar Kumar, Quest for Prenuptial Agreement in Institution of Marriage: A Socio-

legal Approach, JILI Vol. 60 (2018) p.406 - 26

4. Nanda Chiranjeevi Rao, Marriage Agreements Under Muslim Law – A weapon in the
Hands of Muslim Women,JILI, Vol. 55 (2013) p.94 - 103

5. Lucy Carroll, Religious Conversion and Polygamous Marriage,JILI Vol. 39 (1997)

p.272 - 80

Further Readings:
Books:

1. P.V. Kane, History of Dharma Sasthra, 5 Volumes, (1962)

2. Mulla, Principles of Mahommedan Law , (Lexis Nexis, 22nd ed.2017)
3. Mayne, Treatise on Hindu Law & Usage (Bharat Law House, 17th Ed.2014)
4. Kusum, Cases and Materials on Family Law, (Lexis Nexis, 4th ed. 2015)
5. Kumud Desai, Indian Law of Marriage & Divorce (11th ed. 2020)
6. Paras Diwan, Law of Adoption, Minority, Guardianship and Custody, (Univrsal
Publishing Co. 2016)

7. P K Das, Law Relating to Cruelty to Husband - Divorce and Maintenance to Wife,

(Universal Law Publishing Co. 4th ed. 2017)

8. Universal Concise Commentary, Muslim Laws (With Exhaustive Case Law)

(Universal Law Publishing Co. 2016)

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-
17, DOI: 10.1080/09649069.2019.1701920
https://www.tandfonline.com/action/showCitFormats?doi=10.1080%2F09649069.2019.1701
920

139
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

7. A.K.Bhandari, Adoption Amongst Mohammedans- Whether Permissible in

Law,Vol.47 JILI 2005

8. Lucy Carroll, Religious Conversion and Polygamous Marriages, Vol.39 JILI 1997
9. Anjani Kant, Right of Maintenance to Indian Women, Vol.38,JILI 1996
10. M.S.Balaganesan, Speedy Remedy or Murky Muddle? Tragedy of Divorce on Ground
of Mutual Consent, Vol. 36 JILI, 1994

Cases for Guidance:

1. Danial Latifi and another v. Union of India (2001) 7 SCC 740
2. Sarala Mudgal v. Union of India, (1995)3 SCC 635
3. Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (1) SCALE 767; AIR 1985 SC 945
4. Pratibha Rani vs Suraj Kumar & Anr,1985, 1985 AIR 628, 1985 SCR (3) 191
5. Shoba Rani v. Madhukar Reddy, 1988 AIRSC 121
6. Shamim Ara v. State of U.P. (MANU/SC/0850/2002)
7. ShayaraBano v. Union of India and others, Writ Petition (C) No. 118 of 2016
8. Lata Singh v. State of Uttar Pradesh, 2006 (6) SCALE 583
9. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469
10. Seema v. Ashwani Kumar, AIR 2006 S.C 1158
11. Dhanwanti Joshi v Madhav Unde (1998) 1 SCC 11
12. T. Sareeta v. T. Venkata Subbaih, AIR 1983 AP 356
13. Saroj Rani v Sudarshan Kumar, AIR 1984 SC 1562
14. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
15. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534

140
Learning Outcome:
After the completion of the course the students will be able to:---

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.

4. The study helps to understand secularization of personal laws in the background of

the Constitutional Law and to ralize the feasibility of UCC

141
HLC0512: COMPANY LAW

Objectives of the Course:

Globalization has reduced the barriers to the movement of people, capital and technology
across the globe. Today corporates are able to penetrate economies in virtually every part of
the world. The result has been a fundamental shift in the relationship of corporate to both
law and public policy. In today’s globalisedeconomy is governed by corporates wherein most
of the enterprises are either private or public limited companies instead of partnership or
proprietorship as in olden days.
In view of the developments that have taken place in the corporate sector this course is
designed to understand the following:

1. The functions, management and other activities of the companies.

2. Equipping the students to understand the corporate management control, possible abuses,
the remedies and government regulations governing companies.

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.

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.

142
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;
b) Corporate crimes; Corporate social and environmental Responsibility – theories and
justification;
c) CSR and multinational corporations; regulation of multinational corporations in
India;
d) Corporate ethics and human rights – corporate governance in a human rights
perspective; UN corporate Human Rights framework.

143
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, 16 th ed 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,2018 volume 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 Kluwer
Business, 2013.

144
Journals:
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. KotlaVenkataswamyv. 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
Course 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
5.

145
THIRD YEAR
VI-SEMESTER
HBB0614: BUSINESS ENVIRONMENT
Objectives of the Course
The objective of this paper is to familiarize the students with the business environment
conditions prevailing in India and international and understand its implications to business.
Also to provide knowledge of the environment in which businesses operate, the economic
operational and financial framework with particular application to the transaction of
insurance business.

Module I : Understanding Indian Business Environment

a) Nature and structure of business environment; Macro and Micro Indicators; Assessing
Risk in Business Environment - Emerging Sectors of Indian Economy
b) Current industrialization trends and industrial policy; Environment for the SME sector
- Infrastructure development and policy; Public sector reforms and Performance;
Public -Private partnership
c) Intellectual Property regime and the R&D environment; trends in service sector
growth - Banking reforms and challenges - Business Opportunities in the Rural Sector

Module II: Indian Economic Environment

a) Design and strategy of economic reforms - Current state of growth and investment–
b) Interest rate structure and present monetary policy - Fiscal environment - Current
inflationary position and its impact on business sector - Competitive environment

Module III: Indian Trade Policies

a) Legislation for unfair trade practices - Consumer and investor protection
b) Trends and Pattern of India's Foreign Trade & Balance of Payments - Export and
Import policy - Agriculture policy, Latest Foreign Trade Policies

146
Module IV: International Business Environment
a) Recent global trends in international trade and finance - Dimensions and modes of
International Business - Structure of International Business environment
b) Risk in International Business - Motives for internationalization of firms - World
trading system and impact of WTO - Exchange rate systems - Global financial system

Module V: Conducting International Business

a) Barriers to International Business; Foreign market entry strategies; Country
evaluation and selection
b) Factors affecting foreign investment decisions - Impact of FDI on home and host
countries - Types and motives for foreign collaboration - Control mechanisms in
International Business

Module VI: Operational Aspects of International Business

a) Decisions concerning global manufacturing and material management; Outsourcing
factors - Managing global supply chains - Product and branding decisions
b) Managing distribution channels - International promotion mix and pricing decisions -
Counter trade practices - Mechanism of international trade transactions

Module VII: Management Challenges in International Business

a) Harmonizing accounting difference across countries - Currency translation methods
for consolidating financial statements; the LESSARD-LORANGE Model
b) Cross cultural challenges in International Business - International staffing decisions;
Compensation and performance appraisal of expatriate staff
c) Ethical dilemmas and social responsibility issues

Recommended Reading:
Books:
1. Justin Paul, Business Environment : Text and Cases , Tata McGraw Hill, New Delhi.
2. Cross & Miller, the Legal Environment of Business: Text and Cases, Cengage Learning.
3. M.B. Shukla, Business Environment : Text and Cases, Taxman.
4. Chidambaram, Indian Business Environment, Vikas, New Delhi.
5. Sundaram& Black, International Business Environment – The Text and C ases, Prentice Hall
of India.
6. Pandey G.N., Environmental Management, Vikas Publishing House.

147
Journals/Journal Articles:
1. Aithal, P. S., &Aithal, S. (2016). Nanotechnological innovations & business environment for
Indian automobile sector: a futuristic approach. International Journal of Scientific Research
and Modern Education (IJSRME), 1(1), 296-30.
2. Prajogo, D. I. (2016). The strategic fit between innovation strategies and business
environment in delivering business performance. International journal of production
Economics, 171, 241-249.
3. GUENTHER, M., SAUNDERS, C., & TAIT, P. (2016). Impacts of Changes in Consumption,
Production and Trade Policies in China and India on the European Union and New
Zealand. Australian & New Zealand Journal Of European Studies, 8(1).
4. Jain, H. (2017). Changing Structure of Indian Manufacturing Industries. In Trade
Liberalisation, Economic Growth and Environmental Externalities (pp. 93-110). Palgrave
Macmillan, Singapore.
5. Devadoss, S. (2018). Major Determinants of World Agricultural Trade.

Further Reading:
Books:
1. Saleem, Business Environment, Pearson, New Delhi.
2. Cherunilam, Francis; Business Environment - Text and Cases, Himalaya Publishing House,
2002, 12th revised edition.
3. Aswathappa, K.; Essentials of Business Environment, Himalaya Publishing House, 2000, 7th
edition.
4. Barat, Nikhil, Emerging Issues in Management, A Collection of Selected Case Studies, Excel
Books, New Delhi, 1998.
5. Sherlekar S. A. and Sherlekar V. S., Case Studies in Marketing, Himalaya Publishing House,
Bombay, 1983.
6. Sandford C. T. / Bradbury, Case Studies in Economics, Economic Policy.
7. Chopra B. K., Case Studies in Corporate Planning, Times Research Foundation, Pune, 1989.
8. VratPrem, Case Studies in Management, Vikas Publishing House Pvt. Ltd, Delhi, 2011.
9. Kulkarni Vilas, AchuthanSarla, Case Studies in Management, Himalaya Publishing House,
Bombay, 2016.
10. Ian Worthington and Chris Britton, The Business Environment (fifth edition), Pearson
Education Limited, UK, (2006).

148
Journals/Journal Articles:
1. Veselovsky, M. Y., Izmailova, M. A., Bogoviz, A. V., Lobova, S. V., & Alekseev, A. N.
(2017). Business environment in Russia and its stimulating influence on innovation activity of
domestic companies. Journal of Applied Economic Sciences, 12(7).
2. Akhmetshin, E., Danchikov, E., Polyanskaya, T., Plaskova, N., Prodanova, N., &Zhiltsov, S.
(2017). Analysis of innovation activity of enterprises in modern business
environment. Journal of Advanced Research in Law and Economics, 8(8 (30)), 2311-2323.
3. Vasilev, V. L., Bakhvalov, S. I., Prikhod'ko, A. N., &Kazakov, A. V. (2017). Internal control
in the system of innovation management in the modern business environment. International
Journal of Economic Research, 14(15), 409.
4. Ištvanić, M., CrnjacMilić, D., &Krpić, Z. (2017). Digital marketing in the business
environment. International journal of electrical and computer engineering systems, 8(2.), 67-
75.
5. Chaowu, D. (2016). China's Policies towards the Withdrawal of Indian Trade Agencies in
Tibet, 1961-1963. Journal of Sichuan University (Philosophy and Social Science Edition),
(1), 3.
6. Barik, T., Anand, B., &Medi, P. (2017). Trade Policy Implications, Revealed Comparative
Advantages and Competitiveness: Evidence from Indian Industries. Asian Journal of
Research in Business Economics and Management, 7(6), 337-359.
Learning Outcomes
After completion of the course students will be able to -

 Familiarize with the nature of Indian and global business environment and its components.
 The students will be able to demonstrate and develop conceptual framework of business
environment and generate interest in international business.
 To make them understand about different trade policy on export and import
 To develop the knowledge about international business
 Create an awareness about various international trade institutions

149
HLC0613: FAMILY LAW-II

Objectives of the Course

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

Module I: HINDU JOINT FAMILY AND COPARCENARY

a) Hindu Joint Family and Coparcenary – Meaning – Characteristics & Distinction.

b) Rights of Coparceners and Position of Female Coparceners.
c) Distinction between Mithakshara&Dayabhaga Coparcenary and Changes introduced
by The Hindu Succession (Amendment) Act, 2005.
d) Karta – Position – Powers - Rights and Duties.
e) Ancestral - Separate or Self Acquired Property & its Sources - Concept of Gains of
Learning - Alienation of Hindu Joint Family Property – Karta’s & Coparcener’s
Power of Alienation-Right to Challenge unauthorised Alienation.

150
Module II: PARTITION

a) Partition – Meaning - De Facto & De Jure Partition.

b) Subject matter of Partition & properties not capable of partition.
c) Persons having Right to Partition & Persons entitled only to Share in Partition.
d) Partial Partition - Modes of effecting Partition.
e) Re-opening and Re-union of Partition.

Module III: INTESTATE SUCCESSION UNDER HINDU LAW

a) General Principles of Succession under Hindu Law

b) Succession to Separate/ Divided property of a Hindu Male dying intestate – class I -
class II heirs - Agnates & Cognates.
c) Succession to Mithakshara Coparcener’s undivided interest.
d) Disqualifications under the Hindu Succession Act & its effect on Succession.
e) Hindu Woman’s Right to Property under the Hindu Succession Act, 1956 with the
changes effected by the Hindu Succession Amendment Act, 2005.

Module IV: INTESTATE SUCCESSION UNDER MUSLIM LAW & CHRISTIAN

LAW
a) Muslim Law of Succession – Sunni Law of Inheritance – Shia Law of Inheritance –
b) Christian Law of Inheritance – Relevant provisions under the Indian Succession Act,
1925.
c) Comparative analysis of right to property of women under different Religious and
Statutory Law.

Module V: TESTAMENTARY SUCCESSION

a) Testamentary Succession under Hindu, Muslim and Christian Law.

b) Limitation to Testamentation under various Religious and Statutory Law.
c) Will and Administration of Will - Codicil.
d) Lapse, Abatement and Ademption of Legacies.
e) Probate, Letters of Administration and Succession Certificate.

151
Module VI: GIFT AND PRE-EMPTION UNDER ISLAMIC LAW
a) Hiba - Nature and Characteristics of Hiba - Subject matter of Hiba – Effects of Hiba.
b) Kinds of Hiba – Revocation of Hiba – Marz-ul-maut.
c) Shuffa-Origin, Definition, Classification, Subject matter, Formalities, Procedure &
Constitutional validity.

Module VII: RELIGIOUS ENDOWMENTS AND WAKF

a) Hindu Religious Endowments.
b) Wakf. - Meaning - Formalities of Creation –Types and Administration of Wakf.
c) Mutawalli and his powers - Muslim religious Institutions and Offices.

Module VIII: PSDA (Professional Skill Development Activities)

a) Exercises on Distribution of Property.
b) Drafting a Deed of Hiba/Waqf/Wasiyat.
c) Preparation of Pleading for a Partition Suit.

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, 19th 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:

152
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.

Cases for Guidance:

1. P.G.Reddy v. GollaObulamma AIR 1971 A.P.,363(F.B.).
2. Narain Devi v. Ramo Devi AIR 1976 SC 2198.
3. Rajeshwari Rani v. NirjaGuleri AIR 1977 P&H, 123.
4. Thotappa v. G.Gurusiddappa AIR 1977 Kant, 175.

153
5. Nawazish Ali Khan v. Ali Raza Khan 75 I.A. 62.
6. Commissioner of Income Tax, West Bengal v. Sri Jagannathji AIR 1977 SC 1523.
7. Yousuf Rawther vs. Sowramma, AIR 1971 Ker. 261.
8. Sri Jiauddin Ahmed vs. Mrs. Anwara Begum, (1981) GLR 358.
9. Must. Rukia Khatun vs. Abdul KhaliqueLaskar, (1981) 1 GLR 375.
10. Masroor Ahmed vs. State (NCT of Delhi) &Anr. 2008 (103) DRJ 137.
11. VaddeboyinaTulasamma v. VaddeboyinaSheshaReddi, 1977 SCR (3).
12. Jiauddin Ahmed v. Anwara Begum (1981) 1 Gau.L.R. 358.
13. Masoor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137, para 27.
14. Nasir v. Sheena 2017 (1) KLT 300.
15. Shamim Ara vs State of U.P. &Anr. (2002) 7 SCC 518.

Learning Out Come:

After completion of the course students will be able to-
1. Understand the meaning and difference between intestate and testamentary
succession under various religious laws.
2. Appreciate the Hindu Joint Family system and coparcenary and also learn
about the Partition and its effects under Hindu Law.
3. Analyse comparatively the property rights of women in various Personal
Laws.
4. Understand the concepts like Hiba and Shuffa under Muslim Law.

154
HLC0614: PROPERTY LAW
Objectives of the Course
1. The course intends to define the concept and nature of transfer of immovable
property, and illustrate the different types of transfers and rules relating to it. It
explains the transfer of immovable property between living persons.
2. The course covers various general principles of transfer and doctrines. Specific
transfer explains about the transfer by way of sale, mortgage, lease, gift and
actionable claims.
3. The Easement Act explains various modes of acquisition of easementary rights, rights
and obligations of the dominant and servient owners, the extinction and suspension of
the easementary right.
4. Registration Act explains the requirement to be complied for registration of any
transfer of immovable property, and Stamp Act explains various kinds of stamps and
mode of payment of stamp duties.

COURSE OUTLINE

Module I: General Principles of Transfer

a. Concept of Property – possession: essentials of possession – kinds of possession,

modes of transfer of possession- ownership: rights of ownership- modes of acquisition
of ownership- distinction between possession and ownership – theories of property
b. Definition of Transfer of Property- Kinds of Interest- Conditional Transfer
c. Doctrine of Election
d. Transfer by Ostensible Owner
e. Feeding the Grant by estoppel
f. Improvement made by Bonafide Purchaser
g. Lis Pendens
h. Fraudulent Transfer
i. Doctrine of Part Performance and other general principles of transfer.

Module II: Specific Transfers – Transfer of Absolute Interest

A. Sale – Definition of Sale- Rights and Liabilities of Seller and Buyer

B. Gift - Definition- Onerous Gift- Universal Donee- Death Bed – Gift- Suspension and
Revocation of Gift.
C. Exchange

Module III: Transfer of Limited Interest – Specific Transfer

A. Mortgage: Different kinds of Mortgages- Redemption- - Clog on Redemption- Partial

Redemption- Rights and Liabilities of Mortgagor and Mortgagee including Doctrine of
Consolidation- Marshalling -Contribution- Subrogation.
B. Charge
C. Lease: Different Rights and Liabilities of Lessor and Lessee- Determination of Lease-
Doctrine of Holding Over.
D. Actionable Claim

155
Module IV: Law Relating To Easementary Right

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.

Module VI: Registration of Will

Presenting Wills And Authorities To Adopt - The Deposit Of Wills- The Effects Of
Registration And Non-Registration

Module VII : Stamp Act

Definitions – stamp duties - Adjudication as to Stamps - Instruments Not Duly Stamped-

Allowances for Stamps in Certain Cases - Reference and Revision - Criminal Offences And
Procedure

Recommended Readings:

Books Prescribed

 G. Sanjiva Row- Commentaries on Easements and Licence

 Vepa P. Sarathi- Law of Transfer of Property Act
 GCV Subba Rao- Transfer of Property
 Mulla, “The Transfer of Property Act”, by Poonam Pradhan Saxena, Lexis Nexis,
13th edition
 K.Krishnamurthy’s, “The Indian Stamp Act”, 12th edition, Lexis Nexis
 Mulla, “Registration Act”, 13th Edition, Lexis Nexis

Statutory materials:

1. Transfer of Property Act, 1882

2. Indian Easement Act, 1882
3. The Registration Act, 1908
4. Indian stamp Act, 1899

Books Prescribed

156
 G. Sanjiva Row- Commentaries on Easements and Licence
 Vepa P. Sarathi- Law of Transfer of Property Act
 GCV Subba Rao- Transfer of Property
 Mulla, “The Transfer of Property Act”, by Poonam Pradhan Saxena, Lexis Nexis,
13th edition
 K.Krishnamurthy’s, “The Indian Stamp Act”, 12th edition, Lexis Nexis
 Mulla, “Registration Act”, 13th Edition, Lexis Nexis

Statutory materials:

5. Transfer of Property Act, 1882

6. Indian Easement Act, 1882
7. The Registration Act, 1908
8. Indian stamp Act, 1899

Books for reference:

1. Goyle’s “A Commentary On The Transfer Of Property Act” , Eastern Law House
2. Darashaw’s Commentaries on the Transfer of Property Act” by Justice M.L.Singha,
Lexis Nexis
3. B.B.Katiyar’s “Law of Easements and Licences”, Universal Law Publishing, 16th
Edition
4. Sanjiva Row’s “Commentary On The Indian Easemetns Act, 1882 and Licences”, 6th
Edition, Delhi Law House
5. Malik’s “Commentary On Registration Act, 1908 With State Amendments With
Latest Case Laws, Delhi Law House, 2nd Edition
6. James E. Penner, Lecturer in Law J E Penner, “The Idea of Property in Law”,
Clarendon Press Oxford, first edition, 1997
7. Cheshire and Burn's Modern Law of Real Property, by Edward Burn and John
Cartwright, Eighteenth Edition, 4th edition 2011.
8. Barbara Bogusz and Roger Sexton, “Complete Land Law- texts, cases and materials”,
oxford press, Sixth Edition, 2019.
9. Ben McFarlane and Sarah Nield, “Land Law - Text, Cases & Materials”, oxford
press, Fourth Edition 2018

Case Laws for reference:

1. Marshall v. Green, 33 L.T.404

2. Thakur ParamanickChunder v. Ram Dhone, 6 W.R. 228 (F.B)
3. Shamu Pattar v. Abdul Kadir, 35 Mad. 607 (P.C)
4. Rosher v. Rosher, (1884) 20 Ch.D. 801
5. Pannalal v. Fulmoni, AIR (1987) Cal 368
6. Sopher v. Administrator general of Bengal, (1944) P.C.67
7. Abdul Fata Mohommed v. Rasamaye, 22 Cal 619 P.C.
8. Whitby v. Mitchell,
9. Leake v. Robinson, 35 ER 979, Volume 35
10. Thalluson v. Woodford, (1805) 11 Ves. 112
11. Cooper v. Cooper, (1874) L.R. 7 H.L.53

157
12. Tulk v. Moxhay, [1848] 41 ER 1143
13. Ram Coomer v. McQueen, 11 B.L.R. 46
14. Bellamy v. Sabine, (1857) 1 Dc. G, and J., 566
15. Ebrahim v. Ful bai, 26 Bom 573
16. Walsh v. Lonsdale, (1882) 21 Ch.D 9
17. Webb v. Macpherson, 31 Cal 57 (P.C)
18. Muhammad Sher Khan v. Raja Seth Swami Dayal A.I.R. 1922 P.C. 17,
19. Noakes & Co v. Rice, (1902) A.C.24
20. Kreglinger v. New Patagonia Meat Gold Storage Co. Ltd. [1914] A.C. 25.

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”, University of
Pennsylvania Law Review And American Law Register, Volume 86 May, 1938 No. 7

Course 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.

158
HLC0615: 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

Module I: Introduction to Evidence Law

a) Historical Evolution of the Law of Evidence- Scope, Object and Applicability of
Indian Evidence Act- Indian Law of Evidence and English Law of Evidence
b) Constitutional Perspective of Evidence-Golden Rule Evidence- Kinds of Evidence
c) Facts & Relevancy of Facts-Interpretation Clause-Facts in Issue –Relevancy of Facts -
Distinguish Between Relevancy and Admissibility
d) Res Gestae -Occasion, Cause and Effect etc. -Motive, Preparation and Conduct -
Facts Necessary to Explain or Introduce Relevant Facts
e) Proof of Conspiracy -When facts not otherwise relevant become relevant

Module II: Admission- Confession - Dying Declaration

a) Admission- An Exception to Hearsay Rule-Requisites of an Admission-Party to the
Proceedings-Kinds of Admission-Admission Regarding State of Mind or Body
b) Oral Admission as to Content of Documents -Admission in Civil Cases- Evidentiary
Value of Admission

159
c) Confession-Conditions as to Confession –Kinds of Confession -Confession to Police
-Retracted Confession-Distinction Between Admission And Confession-Evidentiary
Value of Confession
d) Dying Declaration-English and Indian Law Difference On Dying Declaration –
Essential Conditions for the Applicability of Dying Declaration -FIR as Dying
Declaration
e) Who can record a Dying Declaration -Multiple Dying Declarations -Evidentiary
Value of a Dying Declaration-Difference Between a Dying Declaration and a Dying
Deposition

Module III: Expert Evidence - Relevancy of Character

a) Opinion of Third Person When Relevant-Expert Witness- Value of Expert Witness

b) Expert Opinion: Corroboration- Facts Bearing Upon Expert-Opinion
c) Opinion as to Handwriting- Opinion as to Digital Signature
d) Opinion as to Existence of Right or Custom- Opinion as to Usage , Tenets- Opinion
on Relationship
e) Character When Relevant- Relevancy of Character in Civil and Criminal Cases.

Module IV: Of Proof- Burden of Proof

a) Facts which need not be proved –Modes of Proof -Oral Evidence -Hearsay Evidence
b) Exceptions to the Rule of Hearsay Evidence- Hearsay and Circumstantial Evidence-
Difference Between Direct and Hearsay Evidence
c) Primary and Secondary Evidence-Documentary Evidence-Public and Private
Documents- Presumptions as to the Documents-Exclusion of Oral Evidence by
Documentary Evidence
d) Burden of Proof -Burden and Proof Distinction- Burden of Proof and Onus Probandi
e) Proof of Fact On Which Evidence Becomes Admissible- Burden of Proving
Exception In Criminal Cases

Module V: Presumption- Estoppel

a) Presumption- Kinds of Presumption- Proof and Presumption- Presumption as to

Document-Presumption as to Survivorship-Presumption as to Death- Presumption of
Certain Offences-
b) Presumption of Legitimacy- Presumption in Suicide Cases-Presumption of Existence
of Certain Facts-Presumption in Rape Cases
c) Doctrine of Estoppel- Kinds of Estoppel- Essential Conditions For Estoppel-
Promissory Estoppel- Exception to the Doctrine of Estoppel-
d) Estoppel by Tenants and Licensee- Estoppel of Acceptor of Bill of Exchange, Bailee
and Licensee-
e) Distinction Between Estoppel and Res Judicata- Distinction Between Estoppel and
Waiver

160
Module VI: Witnesses - Examination of Witness
a) Witnesses- Categories of Witnesses- Dumb Witness- Evidence of Prosecutix in Rape
Case- Interested Witness- Parties to civil suit and their wives or husband etc- Judges
and Magistrate as Witness
b) Privileged Communications- Professional Communication-Order of Producing
Witness- Judge to Decide Admissibility of Evidence
c) Examination- In –Chief- Cross –Examination- Re –Examination- Distinction Between
Examination -In- Chief, Cross- Examination And Re- Examination
d) Order of Examination- Direction of Re Examination- Cross Examination of person
called to produce as document- Question by party to his own witness
e) Question tending to Corroboration- Former Statement as Corroboration- Refreshing
Memory.

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

Journals/ Journal Articles:

1. Allen, R 1992, “The Myth of Conditional Relevancy”, Loyola of Los Angeles Law
Review, 25: 871–884.
2. Allen, R 1994, “Factual Ambiguity and a Theory of Evidence”, Northwestern
University Law Review, 88: 604–640.
3. Allen, R. and S. Jehl, 2003, “Burdens of Persuasion in Civil Cases: Algorithms v.
Explanations”, Michigan State Law Review, 4: 893–944.
4. Accomplice Liability for Unintentional Crimes: Remaining withinthe Constraints of
Intent by Audrey Rogers Loyola ofLos Angeles Law Review (Wol 31:1351).
5. Dr. Nirpat Patel, "The Role of DNA in Criminal investigation – Admissibility in
Indian legal system and future perspectives" IJHSSI Vol.2/Issue 7/July 2013/p. 15-21.

Further Readings:
Books:

1. Adrain Keane, Paul M.C. Keown, "The Modern Law of Evidence", 9th Edn,
OxfordUniversity Press.
2. Albert S. Osborn, "The problem of proof", 1st Indian reprint, Universal Law
House,Delhi, 1998.
3. Bholeshwar Nath, "Cases and Material on Evidence Act, 1872", Eastern
BooksPublishers and Book Sellers, Lucknow.

161
4. Bridges, B.C., Vollmer, August and Monir M., "Criminal Investigation
PracticalFingerprinting, Thumb Impression, Handwriting expert testimony
OpinionEvidence", The University Book Agency, Allahabad (2000).
5. M. Monir C.J., Dr. H.K. Saharay, "Law of Evidence" (Vol. I, II), 14 Edn,
UniversalLaw Publishing Co. Pvt. Ltd.
6. P. Murphy, Richard Glover, "Evidence" 12 Edn, Oxford University Press.
7. Philips Edward, "Brief Case on Law of Evidence", Cavendish Publishing
Limited,London, (1st Edn, 1996).
8. R.L. Gupta, "Law relating to identification and Expert Opinion" 4th Edn, Eastern
Book Co, Lucknow.
9. R.S. Pillai, "Criminal Law", Lexis Nexis Butterworths Wadhwa Co., Nagpur, 10
Edn.
10. Sir Rupert Cross and Nancy Wilkins, "An Outline of the Law of Evidence", 4th Edn,
London Butterworth, 1975.

Journal/ Journals Articles

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).
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.

162
Cases for Guidance

1. State of Maharashtra vs. Prafulla B. Desai (Dr.) (2003) 4 SCC 601

2. R. M. Malkani vs. State of Maharashtra, AIR 1973 SC 157
3. Mirza Akbar vs. Emperor, AIR 1940 PC 176
4. Badri Rai vs. State of Bihar, AIR 1958 SC 953
5. Mohd. Khalid vs. State of W.B. (2002) 7 SCC 334
6. JayantibhaiBhenkerbhai vs. State of Gujarat (2002) 8 SCC 165
7. Bishwanath Prasad vs. Dwarka Prasad, AIR 1974 SC 117
8. Central Bureau of Investigation vs. V.C. Shukla, AIR 1998 SC 1406
9. Veera Ibrahim vs. State of Maharashtra, AIR 1976 SC 1167
10. AghnooNagesia vs. State of Bihar, AIR 1966 SC 119
11. Nageshwar Shri Krishna Ghobe vs. State of Maharashtra (1973) 4 SCC 23
12. National Textile Workers’ Union vs. P.R. Ramakrishnan (1983) 1 SCC 228, 255
13. CIT v. Podar Cement (P) Ltd (1997) 5 SCC 482
14. State v. S.J. Choudhary (1996) 2 SCC 428
15. SIL Import, USA v. Exim Aides Silk Exporters (1999) 4 SCC 567

Learning Outcome:

After completion of the course students will be able to -

 To identify, assert and support objections to items of proof, using appropriate

evidentiary rules and tailoring objections to the facts at hand.
 To identify and use a range of legally specific research principles, methods and tools
to make a coherent and persuasive argument for the admission or exclusion of a
specific item of evidence, incorporating factual information and legal standards
drawn from both evidentiary rules and substantive law .
 To research, analyse and apply evidentiary standards to complex issues and present a
persuasive written and oral argument for the admission or exclusion of the evidence.
 Articulate the processes for the adversarial examination of evidence and differentiate
between the roles of the district attorney and defense counsel in the presentation of
evidence.

163
HLA0601: 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

Module I: Statutes: Philosophy, Principles and Process of Legislation

(a) Separation of powers-principles of utility-social justice- welfare and development
approach-Good Governance-Public Opinion-Social Control-Indigenous Influence
(Native laws)-Morals;
(b) Kinds of Statutes-Perpetual and Temporary-Penal-Taxing-Remedial-Concept of
Statute Law-Interplay between Public Opinion-Legislators-Executives-Judiciary-
Ancient Indian Philosophy on Interpretation.

Module II: Foundational Perspectives of Interpretation

(a) Concept, Meaning and Object of Interpretation-Values of Clarity and Analytical
Ability-Textualism and Purposivism- Human Communication and Limitations;
(b) Nature of Man Made Legislations-Common Sense-Linguistic deficiencies-Ambiguity-
Interpretation and Construction;
(c) Comparative Legal Philosophy-Skills of Interpretation-Stages of Interpretation.

Module III: Nature and Parts of Statutes

(a) Statutory, Non Statutory, Codified, Uncodified, State made and State Recognised
Laws -Parts of a Statute - Commencement, Operation, Amendments and Repeal and
Revival of Statute;
(b) Basic Sources of Statutory Interpretation-The General Clauses Act, 1897: Nature,
Scope and Relevance-Definitional Clause-Fundamental Concepts on Commencement,
to Repeal of Statutes.

Module IV: Internal and External Aids to Interpretation

(a) Short Title-Preamble-Statement of Objects and Reasons-Long Title- Definitional or
Interpretative Clause-Punctuations-MarginalNotes-Proviso-Explanations-Exceptions-
Illustrations-Schedules-Removal of Difficulties Clause-Non Obstante Clause-Ouster
Clause-Savings and Repeal Clauses;
(b) Parliamentary History-Dictionaries (General and Specific)-Foreign Decisions-Text
Books-Law Commission of India’s Reports on Amending the General Clauses Act.

164
Module V: Rules of Statutory Interpretation
(a) Literal and Logical Rules of Interpretation-Statute must be read as whole- every word
to be given a meaning-Legalism and Creativity-Legal Language, Legal Riddles and
Logic-Golden Rule and Mischief Rule;
(b) Strict construction of Penal Laws and Taxation Laws-Judicial Activism, Judicial
Process and Judicial Restraint-Beneficial Construction of Social Security
Legislations.

Module VI: Subsidiary Rules

(a) Utres mages valeat quampereat-Noscitur a socis-Ejusdem generis;
(b) Casus omissus-Reddendosingulasingulis-Contemporaneoexpositioest optima
fortisima sine lege.

Module VII: Interpretation of Constitution

(a) Principles and Theories-Preamble as a Tool-Reading Directive Principles and
Fundamental Duties with Fundamental Rights;
(b) Interpretation of International Instruments-Presumptions: Presumption against
Ousting Established Jurisdiction-Presumption against Exceeding Territorial Nexus-
Presumption against Ouster of Jurisdiction of Courts-Presumption against changes in
Common Law-Presumption against including what is Inconvenient or Unreasonable-
Presumption against Intending Injustice or Absurdity-Presumption against
Retrospective Operation of Law-Presumption against Violation of International Law-
Presumption in favour of Constitutionality of a Statute.

Module VIII: General Rules of Treaty Interpretation

(a) Statist and Principle based Approaches towards International Law-Sources of
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.

Module IX: Legislative Drafting

(a) Principles and Process of Legislative Drafting-Qualities of Legislative Drafters-

Simplicity, Preciseness, Consistency, Alignment with Existing Law, Brevity;
(b) Drafting General Laws-Special Laws-Rules-Orders-India and Legislative Drafting
and Research Movement in India-Department of Legislative Drafting-Ministry of
Law and Justice.

Statutory Materials

1. General Clauses Act, 1897

2. Constitution of India, 1950
3. Charter of United Nations and Statute of the International Court of Justice, 1945
4. Statute of the International Law Commission, 1947
5. Vienna Convention on the Law of Treaties,1969

165
Recommended Readings:

Books

1. Maxwell (1969), Interpretation of Statutes, Sweet & Maxwell, United Kingdom.

2. VepaSarathi (2003), Interpretation of Statues, Eastern Book Company: India
3. N.S Bindra, Revised by M.N. Rao and AmitaDhanda (2007), Interpretation of
Statutes, Lexis Nexis Butterworths Wadhwa: India
4. P.M. Bakshi (2010), Interpretation of Statutes, Orient Publishers: India.
5. A.B. Kafaltiya (2017), Text Book on Interpretation of Statutes, Universal Law
Publishing Ltd.: India.
Journals

1. Surendranath Ray (1913), Rules of Interpretation of Statutes, The Allahabad Law

Journal, Vol. No. 11, Issue No. 5, Pp. 97-103.
2. Abdur Rahman Seoharvi (1916), The Interpretation of Law, The Allahabad Law
Journal, Vol. No. 14, Issue No.1, Pp. 1-13.
3. H.M. Thornton (1994), Contrary Intention, Statute Law Review, Vol. No. 15, Issue
No.3, Pp. 182-191.
4. Jack Stark (1995) Legislative Sentences, Statute Law Review, Vol. No. 16, Issue No.3,
Pp. 187-194.
5. V.C.R.A.C. Crabbe (1997), Liversidge v. Anderson on the Anvil of Pepper v. Hart: An
Exercise in Interpretation and Construction, Statute Law Review, Vol. No. 18, Issue
No. 2, Pp. 113-149.

Cases for Guidance

25. Heydons Case (1584), 76 ER 637.
26. Keshav Mills Company Limited v. CIT, Bombay North, AIR 1965 SC 1636.
27. Santa Singh v. State of Punjab, AIR 1976 SC 2386.
28. Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548
29. K.P. Varghese v. Income Tax Officer,Ernakulam, AIR 1981 SC 1922.
30. B. Prabhakar Rao and Others v. State of Andhra Pradesh & Others, AIR 1986 SC 120.
31. State of Kerala v. Mathai Verghese& Others, AIR 1987 SC 33.
32. General Electric Co. v. Renusagar Power Co. (1987) 4 SCC 137.
33. U.P. Bhoodan Yagna Samiti v. Braj Kishore, AIR 1988 SC 2239.
34. Pepper v. Hart (1993), 1 ALLER 42 (HL).
35. Institute of Chartered Accountants of India v. Price Waterhouse, AIR 1998 SC 74.
36. Mr. ‘X’ v. Hospital ‘Z’, AIR 1999 SC 495.
37. S.R. Chaudhuri v. State of Punjab & Others (2001) 7 SCC 126.
38. Distt. Mining Officer v. Tata Iron and Steel Co. (2001) 7 SCC 358.
39. Rupa Ashok Hurra v. Ashok Hurra& Another, AIR 2002 SC 1771.

167
Learning Outcome
After the course students will be able to-
1. Understand the concerns of human communication and relevance of interpretation.
2. Learn the necessity of principles of interpretation as consistent source of man-made
laws.
3. Develop the skills of reading and writing legislations and deducing hidden
assumptions with accuracy.
4. Visualise the significance of principles of interpretation as tools of social change.

168
HCC0601: PROFESSIONAL ETHICS,
ACCOUNTANCY FOR LAWYERS AND
BAR BENCH RELATIONS
(CLINICAL COURSE: I)

Objectives of the Course

Legal profession is a noble profession. Every profession must have an ethics

particularly legal profession is most ethical because an advocate is socially
responsible and accountable. Professionally advocacy is an art and they have
accountability towards court, parties and community at large. The Advocates and
Judges should work interdependently each other. Judiciary is an important organ of
a state and guardian of basic rights of an individual. As a part and parcel of
Judicial system Bar (Advocates) Bench (Judicial Officers) relations is inseparable.
This course is enlightening code of conduct of an Advocate, accountability and
responsibility of legal profession and the contribution of Bar and Bench towards
access to justice.

COURSE OUTLINE
Module I: Introduction
1. The meaning of Ethics
2. Professional Ethics
3. Code of Conduct
4. Misconduct
5. Importance of Legal Education and Legal Profession in India
6. Historical Background and Significance – judicial process in India
Module – II: Rights and Duties of a Lawyer / Lawyer’s Accountability
A. Duties towards Court, Client, Opposite Attorney, himself, Public, etc., - duty
towards legal fraternity and reforms, duty towards providing legal aid
B. Rights towards right to practice, right to argue his case, right over his
professional fees – certain limitation of rights such as restrictions on advertising,
bar from carrying on any other profession etc.,
Module – III: Law relating to Legal profession and its accountancy
A. Advocates Act, 1961
Advocate – Bar Council of India – Legal Practitioner – State Bar Council and its
composition, powers and functions – Bar Council of India and its composition,
powers and functions – Committees such as Disciplinary committee, Legal aid
committee and other committees – Admission and Enrolment – Disqualification –
Senior Advocate, Advocate on Record – Misconduct and its punishment for
misconduct - Deficiency in Service and Negligent act of Advocacy – Liability and
Remedy – Privileged Communication – Vicarious Liability – Advocate Clerk and
his responsibility

169
B. Bar Council of India Rules, - BCI and its Committees – Directorate of Legal
Education – All India Bar Examination – Legal Education (amendment) Rules,
2016
C. The Contempt of Courts Act, 1971 – Contempt of Court – Civil contempt and
Criminal contempt
Defences and Punishments – Appeal
Module – IV: Bar – Bench Relations
A. Advocates and Judges – indispensible partners – composition of Bar
Associations – Duties of the Bar
B. Fair trial – Court Decorum, Discipline, attitude and sincerity – Duty of Judges –
without bias, impartial and good conscience in justice delivery
C. Academic Contribution – skills of lawyer seven lamps of advocacy
Module – V: Modern era (Globalisation) and Legal services in India
A. Impact of Foreign Legal Studies and legal services in India – Legal aid – Law
firm and legal services – Legal Outsourcing – Law school in India and its legal
ethics - dress code, need of practical litigating lawyer
B. Legal services in modern era: – Techno legal lawyering – Digital India and
Legal profession E courts – video conferencing - Alternative Disputes
Resolution – Mediation and Conciliation
Module – VI: International concern on Legal profession and ethics
A. Private International Law and legal issues – international crimes and legal
opinion under ethical manner – cross border terrorism – human trafficking –
Drug trafficking –
B. Pleading of Foreign lawyering and its issues – Italian Marine Case –
Jurisdictional issues in India – Commission of Foreign Witnesses
Module – VII: Contribution of Bar Council on Legal Education
A. Bar Council of India – Rules of Legal Education, 2019 – Centre of Legal
Education – Legal Education Committee – Admission and Enrolment –
Eligibility
B. Maintenance of Standard of Legal Education – Inspection, Recognition and
Accreditation – Inspectorate, Legal Education Inspection Board – Approval of
Centre of Legal Education – Legal Education Accreditation Board – Directorate
of Legal Education – Recognition of Foreign Law Degree – Equivalence –
Miscellaneous provisions
Apart of class room teaching in this course, this course is a clinical course so
the marks shall be allocated based on internal assessment only. For two project
submission 25 marks each, for case study 25 marks (High Court and Supreme Court
Judgements), for mid-semester 20 marks and attendance 05 marks – total 100marks

170
Statue for Reading
1. Advocates Act,1961
2. Contempt of Courts Act,1971
3. Bar Council of India Rules
4. Legal Education Rules,2008
5. Bar Council of India, Draft Rules on Legal Education,2019

Rule framed cases

1. Vishram Singh Raghubanshi v. State of UP (AIR 2011 SC 2275)

2. Vijay Singh v. Murarilal AIR 1979 SC 1719

3. S J Chaudhary v. state of Delhi AIR 1984 SC 618
4. Chandra Shekhar Soni v. Bar Council of Rajasthan AIR 1983 SC 1012

5. Ex- Capt Harish Uppal v. Union of India AIR 2003 SC 739

6. John D’ Souza v. Edward Ani AIR 1994 SC 975
7. Himalayan Cooperative Group Housing Society v. Balwan Singh AIR 2015
SC 170
8. Vishwanath Swami v. Bar Council of India AIR 2013 SC 3589
9. A S Mohammed Rafi v. State of tamil Nadu AIR 2011 SC 308
10. D Saibaba v. Bar Council of India AIR 2003 SC 2502
11. Pushpaben v. Narandas V Badiani AIR 1979 SC 1536
12. L D Jaikwal v. State of UP AIR 1984 SC 1734
13. Charan Lal Sahu v. Union of India AIR 1988 SC 107
14. P N Duda v. V P Shiv Shankar AIR 1988 SC 1202
15. Dr. Subramanian Swamy v. Arun Shourie AIR 2014 SC 3020

171
Recommended Readings:
1. K V krishnaswamyIyer – Professional Conduct and Advocacy,
Ingram Short title, (2015).
2. Dr. Kailash Rai, Legal Ethics- Accountancy for Lawyers and Bench and
BarRelations, Central Law Publication,(Reprint-2016)
3. B R Aggarwala, Supreme Court Practice andProcedure
4. P RamanathIyer, Legal and Professional Ethics, (3 rded.,)
5. Dr. S P Gupta, Professional Ethics, Accountancy for Lawyers and Bench-
barRelations
6. M P Jain, Outline of Indian Legal History-Chapter : Development of
LegalProfession
7. M R Mallick- The Advocates Act 1961 with Professional Ethics,
Advocacy andBar- benchRelationship
8. Dr. B Malik: The Art Of alawyer
9. Nilendra Kumar and Neha Chaturvedi: M K Gandhi’s : The Law andLawyer
10. Saadiya Suleman: Professional Ethics & Advertising byLawyers

LearningOutcome

 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.

172
FOURTH YEAR
VII-SEMESTER
HLC0716: INTRODUCTION TO PUBLIC INTERNATIONAL LAW

Objectives of the Course:

“Supra National Law” or otherwise popularly referred to as “International Law” aims to
bring in peace and world order on the globe by mitigating the frictions between nation-states
through peaceful legal means. It guides the nation-states to work for the betterment of human
life, promotion of fundamental goals to peace, prosperity, advancement of human rights and
the protection of human environment for sustainable development. Though it has numerous
branches with in, as a main subject its orientation is to understand the functioning as a core
law in addressing the international challenges. The syllabus aims to introduce the student to
understand the basic concepts of international law, harmonization on with domestic law, its
abidingness and application by the States in resolving their conflicting issues and to achieve
international cooperation in working together to develop global institutional mechanisms.

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.

173
Module-III: Harmonizing International Law with Municipal Law and Subjects of
International Law
(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

Module - IV: Recognition and State Territory

(a) State Recognition as a basis for International personality – Principles and Problems
(b) Types of Recognition-- Legal nature; Theories of Recognition; Recognition of
Governments – Belligerency and Insurgency
(c) Legal effects of Recognition and Non Recognition
(d) Concept of State Territory- Sovereignty and its significance
(e) Acquisition and loss of State Territory; Territorial Integrity-Self-Determination and
sundry claims- Doctrine of Utipossidetis
(f) Law of Air and Outer Space

Module -V State Succession

(a) State Succession – Definition & Conceptual Perspectives

(b) Types- Universal and Partial Succession
(c) Difference between Succession of States & Governments
(d) Theories - Negativist & Modern Theories - An overview of States Succession to
Treaties and to matters other than Treaties
(e) Succession to the membership in International Organizations
(f) State Succession -Contemporary issues- Yugoslavia- Dissolution of USSR-
Reunification of Germany- Retrocession of Hong Kong.

Module – VI: Law of Sea

(a) Historical Perspectives on Law of Sea

(b) Concept of Territorial Sea – Internal waters - Innocent Passage – Rights and Duties of
Coastal states
(c) Continental Shelf & Exclusive Economic Zone –Rights and Duties of Coastal States
Principle of Equidistance and its invocation, Special and Relevant Circumstances
Rule
(d) High Seas – Flag State Jurisdiction- Hot Pursuit- Pollution; Common Heritage of
Mankind
(e) Rights of Land locked States
(f) Exploration and Exploitation of Resources in Area (Sea bed and Ocean floor)
(g) Settlement of Disputes –Role of Sea Bed Authority-International Tribunal for Law of
Sea.

174
Module VII: State Jurisdiction and Immunities from Jurisdiction

(a) Jurisdiction in International perspectives – Prescriptive & Enforcement

(b) Territorial-Nationality--Passive Personality-Protection and Universal Principles- War
Crimes, Crimes Against Peace and Humanity
(c) Extraditable offences- Double Criminality; Asylum and its importance
(d) Nationality-Double Nationality Jurisdiction- MNCs
(e) Sovereign Immunity- Absolute and Restrictive Approach
(f) Diplomatic Immunities and Privileges- Privileges and Immunities of International
organizations

Module – VIII: State Responsibility

(a) State Responsibility-Nature and Scope
(b) Obligations ErgaOmnes - Notion of Immutability or Attribution to State- Breach of an
International legal obligation
(c) Draft articles of ILC - Liability for Lawful Acts- Circumstances excluding Wrongful
Conduct of State- Legal Consequences of an Internationally Wrongful Act
(d) Invocation of State Responsibility as part of Human Rights Standards
(e) State Responsibility for Genocide: State Responsibility and Environmental
Sustainability

Module- IX: International Human Rights Law & Humanitarian Law

(a) Nature and Scope of Human Rights - Outline of Theoretical approaches to Human
rights
(b) Overview of Historical background –European, Asia, African and Indian approaches
(c) International Accountability- Normative foundations laid under the United Nations
UDHR & International Bill of Human Rights and other instruments
(d) Transition to modern Human rights - Generational Human rights – Human rights and
Right to Development; Human rights Council and Human Rights Committee
(e) IHL –Scope and Significance-Geneva Conventions and Protocols –Wounded and
Sick; Prisoners of War; Protection of Civilians; Armed Conflict and Non-Armed
Conflict; Relationship between Human Rights and IHL

Module –X: Challenges to International Human Rights Law

(a) Human Rights of Vulnerable and Disadvantage Groups; Women- Children Sexual
Minorities Stateless Persons
(b) Migrants - Epidemic Affected; Rights of Socially and Economically Disadvantaged
People
(c) Indigenous Peoples; Disabled & Minorities
(d) Transnational Corporations and Human Rights, Terrorism & Counter-terrorism
(e) Euthanasia and Human Rights; Right to Freedom from Torture and Inhuman or
Degrading Treatment
(f) Crimes against humanity, Role of International Criminal Courts and Tribunals

175
Recommended Readings: -
1. Crawford, J. Brown lie’s Principles of Public International Law (8thed., 2013).
2. Jennings, R., and Watts, A. (eds.), Oppenheim’s International Law [Vol. I –Peace]
(9thed., 2008).
3. Shaw, M.N. International law (Cambridge University Press,8th ed.,2017).
4. Shearer, I.A. Starke’s International Law (1stIndian ed., 2007).
5. Olivier de Schutter, International Human Rights Law, Cambridge University Press,
2010.

1. Anghie, A. ‘Francisco de Vitoria and the Colonial Origins of International Law’ in

Imperialism, Sovereignty and the Making of International Law (CUP, 2004).
2. Bantekas and Oette, International Human Rights: Law and Practice (2013)
3. Boyle, A., and Chinkin, C. The Making of International Law (Oxford University
Press, 2007).
4. Chimni, B.S. International Law and World Order (Cambridge University Press,
2017).
5. Connell, O. “State Succession in Municipal Law and International Law”, Vol. II, pp.
212-219(1967).
6. Dumberry, P. State Succession to International Responsibility (Graduate Institute of
International Studies, Brill, 2007)
7. Kaul, J.L. & A. Jha, Shifting Horizons of Public International Law, (1st ed., 2018)
8. Kevin Boyle (ed.), New Institutions for Human Rights Protection (Oxford, 2009);
Chapters 1-3.
9. Ryngaert, C. “Jurisdiction in International Law”, (Oxford University Press,2nd Ed.,
2015).
10. Hugh Thirlway (2019), The Sources of International Law, Second Edition, Cambridge
University Press: United Kingdom. Available at:
http://gen.lib.rus.ec/book/index.php?md5=6D495F5C2F501009703B4E97FC65676F
11. Patrick Dumberry (2007), State Succession to International Responsibility,
MartinusNijhoff Publishers: The Netherlands. Available at:
http://gen.lib.rus.ec/book/index.php?md5=96F7331343E5503C4CC085EF56DA642D
12. Robert Kolb (2016), The Law of Treaties: An Introduction, Edward Edgar Publishing
Limited: United Kingdom. Available at:
http://gen.lib.rus.ec/book/index.php?md5=754DA9DA821BED6B24E322C8D44826
3A

176
Journals: -

1. Akehurst, M. “Custom as a Source of International Law” 53 British Yearbook of

International Law 1(1974-75).
2. Anthony D’Amato, “Treaties as a Source of General Rules of International Law”3
Harvard International Law Journal 1-43 (1962).
3. Thomas Buergenthal, “Lawmaking by the ICJ and Other International Courts”
Proceedings of the Annual Meeting (American Society of International Law) Vol.
103, International Law as Law (2009), pp. 403-406(CUP, 2009)
4. K. R. R. Sastry, State Responsibility in International Law, 35 Allahabad Law Journal
31(1937).
5. C. Wilfred Jenks, “State Succession in Respect of Law-Making Treaties”, 29 British
Yearbook Book International105 (1952).
6. Keyuan, Z. “South China Sea Studies in China: Achievements, Constraints and
Prospects”, 11 Singapore Yearbook of International Law 85 (2007).
7. Babalola, A. “Extradition under International Law: Tool for Apprehension
ofFugitives”, 22 Journal of Law Policy & Globalization 25 (2014).
8. Micheline Ishay, The History of Human Rights: From Ancient Times to the
Globalization Era, 2004
9. Jack Donnelly, The Relative Universality of Human Rights, Human Rights Quarterly,
Volume 29, Volume 2 (2007): 281-306.
10. Olivier de Schutter, International Human Rights Law, Cambridge University Press,
2010.

Cases for Guidance: -

1. S.S. Lotus Case, France V Turkey ICJ 1927

2. Asylum case Judgment (Columbia vs Peru)
3. North Sea Continental Shelf Case Judgment, I.C.J Reports 1969
4. Military and Paramilitary Activities in and against Nicaragua (Nicaragua vs United
States of America), Judgment I.C.J Reports 1986.
5. Right of Passage over Indian Territory (Portugal vs India), 1960 I.C.J 6
6. The Nottebohm Judgment (Second Phase), 54 AJIL 536,557(1960)
7. The Wimbledon,P.C.I.J. Rep.,SerA,No.(1924)
8. Frontier Dispute [1986] ICJ Rep 554.
9. Serbian Loans case [1929] PCIJ (ser A) Nos 20/21, 5.
10. Temple of Preah Vihar(Thailand v Cambodia) [1962] ICJ Rep 6.
11. GabcikovoNagymaros Project case (Hungary v Slovakia) [1997] ICJ Rep 7.
12. Barcelona Traction case (Belgium v Spain) [1970] ICJ Rep 3.
13. Reparation of injuries suffered in the service of United NationsAdvisory Opinion,
1949 I.C.J. 174 (Apr. 11)
14. Advisory Opinion of ICJ on Namibia, ICJ Rep. 1971, P. 16
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

177
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.

178
HLC0717: LABOUR LAW-I

INDUSTRIAL RELATIONS AND WAGE LAWS

Objectives of the course

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.

This course has been designed to:

I. Educate the student on the historical evolution of modern labour jurisprudence;

II. Explain the importance of the International LabourOrganisation and its role in the
development of labour law;
III. Elucidate the importance of, and laws governing, trade unions;
IV. Create a broad and deep understanding of the law related to industrial relations in
India;
V. Examine the importance of standing orders;
VI. Detail the various statutory requirements under legislations related to wages; and
VII. Develop a keen awareness of labour rights under various situations.

The following syllabus prepared with this perspective will comprise 5 modules.

COURSE OUTLINE

Module I: Evolution of Labour Legislations

(a) Historical Perspectives on Labour –Genesis of Labour Legislation - Modern Factory

System- - Impact of Industrialisation.
(b) Labour Policies in India.
(c) Master and Servant Relationship.
(d) Shift From Laissez Faire to Welfare Policy.
(e) Role of the State in Industrial Relations.
(f) Constitutional Perspectives on Labour Laws .

179
(g) Workers Participation in Management .
(h) Labour Law Reforms.
(i) International Labour Organisation - Setting Labour Standards - Conventions and
Recommendations - ILO and India - Conventions Ratified in India - Impact of ILO and
Indian Labour Legislations.

Module II : Regulation of Trade Unions and Collective Bargaining

(a) Trade Union Movement in India - Development of Trade Union Legislation in India -
Weakness of Trade Union Movement.
(b) Out Siders in Trade Unions.
(c) Inter-Union and Intra-Union Rivalries
(d) Trade Unions Act, 1926 – Scope and Object - Definitions - Registration of Trade Unions
– Members - Office Bearers - Rights and Liabilities of Trade Union - Privileges and
Immunities of Registered Trade Unions.
(e) Recognition of Trade Unions.
(f) Collective Bargaining - Pre-requisites for Effective Collective Bargaining - Advantages
and Disadvantages of Collective Bargaining - Enforcement of Collective Bargaining in India.

Module III: Regulation of Industrial Disputes

(a) Industrial Relations And Industrial Peace-Causes Of Industrial Disputes-System Of

Adjudication Machinery Before 1947.
(b) Industrial Disputes Act,1947 – Scope And Object - Definitions – Industry – Industrial
Dispute – Workman - Lay Off – Retrenchment - Closure - Transfer of Under Takings - Kinds
of Strike Regulation of Strike and Lock out -Unfair Labour Practices and Victimisation.
(c)Dispute Settlement Authorities - Reference Power of the Government - Grievance
Redressal Machinery - Works Committee-Conciliation – Arbitration - Adjudication: Labour
Court, Industrial Tribunal and National Tribunal - Award – Settlement - Change of
Conditions of Service During the Pendency of Proceedings.

180
Module IV: Standing orders and Disciplinary Proceedings

(a) The Concept and Nature of Standing Orders.

(b) Industrial Employment (Standing Orders) Act, 1946 - Certifying Officers; Appointment,
Jurisdiction and Powers and Duties- Procedure for Certification of Standing Orders -
Duration - Modification of Certified Standing Orders - Appeal Against Certification -
Registration of Standing Orders - Effect of Certified Standing Orders -Temporary
Application of Model Standing Orders -Inspection Machinery.
(c) Misconduct - Domestic Enquiry - Stages Involved in Conducting Disciplinary Enquiry-
Framing of Charges – Explanation to Charge Sheet – Conduct of Domestic Enquiry –
Appointment of Enquiry Officer – Notice of Enquiry – Conduct of Proceedings – Rules of
Natural Justice in the Context of Disciplinary Enquiry – Enquiry Report – Punishment.

Module V : Wage Related Legislations

(a) Concept Of Wages - Fair Wage, Living Wage, Minimum Wage.

(b) Theories Of Wages
(c) Wage Structure
(d) Wage Policy In India.
(e) Minimum Wages Act, 1948 - Definitions - Fixation and Revision of Minimum Wages;
Methodology, Procedure, Advisory Boards – Authority to Hear and Decide Claims-
Inspectors, Powers, Claims - Offences and Penalties.
(f) Payment of Wages Act, 1936 - Definitions – Obligations of the Employer- Permissible
Deductions-Authorities Under the Act - Inspectors and Their Powers – Offences and
Penalties.
(e) The Payment of Bonus Act, 1965 - Bonus Commission - Definitions and Coverage -
Kinds of Bonus - Eligibility and Extent of Bonus - Calculation of Bonus: Available Surplus,
Allocable Surplus, Set on and Set off - Forfeiture of Bonus – Machinery for Settlement of
Bonus Disputes.

181
Recommended Readings:

Books:
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).

4. Usha Ramanathan, “Statute Law, Injury & Compensation” 47 Journal of Indian Law
Institute 158-198 (2005).

5. N.S.Kamboj, “Hazardous Industries Policy & the Law” 46 Journal of Indian Law
Institute 449-462 (2004).

182
Further Readings:

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.DVezhaventhan, “A Study on Maternity Benefit Scheme in India”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.4393.

3. Priyanka.B, A.Sreelatha, “Effective Implementation of Maternity Benefit Act Of 1961”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.1329.

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.

183
8. Jerome Joseph and Srinath Jagannathan, “Employment Relations & Managerialist
Undercurrents — The Case of Payment of Gratuity Act, 1972” Indian Journal of Industrial
Relations Vol. 47, No. 2 (October 2011), p. 253.

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.

Cases for Guidance:

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. JayathilalDhaniji& Co. Oil Mills v. Employees State Insurance Corporation [(1966) 2 LLJ
542]

184
Learning Out Come:

After completion of the course students will be able to –

 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.

185
HLC0718: MEDIATION AND CONCILIATION

Objective of the Course:

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
centersfocusisshifting 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
andresolve them.
 Identification of real needs and interests resolves the disputes without undergoing
arduous trial procedures.
 Enhancing the practical skills apart from theory, in long runshall reduce backlog
and docket explosions before the Court of Law.

COURSE OUTLINE
Module I: Introduction: Nature and Scope of Conflict and Disputes:

a) Causes for conflict, Kinds of conflict, Escalation and De-escalation of conflict.

Dispute as a manifestation or starting point of conflict. The role of Law and Society in
ensuring settlement of disputes and effective conflict resolution.
b) Negotiation, Mediation, Arbitration and Adjudication: scope and relative merits.
Limitations of the adversarial process and need for consensual resolution. Mediation
as the preferred ADRmode.
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.

186
Module II: Comparative study : Genesis of Mediation and Restorative Justice:

a) Promoting dialogue, reconciliation, healing and mutual agreement in the pursuit of

justice. Concept of Ubuntu and South Africa’s Truth & Reconciliation Commission;
The Abunzimediators and the Gacaca courts ofRwanda.
b) Mediation by Mahajans, Panchasand religious leaders. Ahimsa, Satyagraha and
Gandhian principles of pragmatic, non-violent conflictresolution.
c) Village elders in ancient Greece and interlocutors under Roman law, influence of
Confucianism and Taoism on Mediation in China, the role of community/religious
leaders: the Ketua Kampong (village headman) and the Imams in Malaysia, the Ting
(local assembly) in Nordic countries.

Module III: ADR: Characteristics and Conceptual Analysis:

a) Definitions and key characteristics, Fastest growing ADR mode. Nature of

mediation as voluntary, consensual, non-coercive, confidential and risk-free. Parties
retain control of the process.
b) Problem-defining, Problem-solving and settlement stages. Opening round, joint
sessions and private caucus. Gathering information, analysing issues and interests,
generating options and proposals, resolving disagreements, reaching agreement.
c) Facilitative, Evaluative and Transformative Mediation.Role of the Mediator as a
neutral facilitator, impartial moderator, trusted interlocutor but never a legal advisor.

Module IV: Techniques: Communication:

a) Communication styles, Communicative behaviour, Compassionate or Collaborative

Communication.
b) Choice of words, clarity of thought and expression, right pitch, tone and emphasis,
body language.
c) Active listening skills, building rapport, empathy not sympathy. Use of open-ended
questions, neutral rephrasing, factual summarizing.

Module V:Skill: Enhancement for Cumulative Efficiency:

a) Summarizing the facts, understanding respective positions, discussing issues

rationally, recognizing both individual and common interests, empathizing with
underlying emotions and asking relevant open-ended questions.
b) Neutral reframing of issues, identifying interests, moving parties away from issues
towards interests, generating and exploring options, formulating objective
criteria,conveying offers and proposals, applying reality checks. Assessing the
alternatives to a negotiated settlement (BATNA, WATNA, MLATNA)
c) Causes for impasse and effective intervention techniques: time-out, calculated
adjournment, deadlines, refocusing attention, emphasizing relationships,
brainstorming, using expert valuation, using other dispute resolution modes.
d) Distributive v Integrative negotiation. Expanding the pie and developing win-win
solutions.

187
Module VI: Process: Character Building

a) Being neutral, impartial, objective, communicative, open-minded, quick-thinking,

patient, amicable, diplomatic, honest and empathetic. Learning how to build rapport,
gain trust, formulate creative solutions and deal with impasse.

b) Importance of ethical conduct during Mediation. Ensuring impartiality and

neutrality, no conflict of interest, dealing with power imbalance, preventing abuse,
encouraging parties to reach their own solutions without any coercion or undue
influence.

c) Confidentiality extends to all case info, identity of parties, proposals and offers made
by parties, confidential revelations during private sessions, terms of the settlement
and all case-related documents

Module VII:Drafting: Settlementand Agreements

a) Identifiable parties, unambiguous terms, clear language, specific outcomes,

measurable commitments, provision for monitoring implementation and accepted
mode for resolving future conflicts.

b) Enforceability of arbitral agreements under Section 36 of the Arbitration and

Conciliation Act of 1996. Court decree for court-annexed mediation settlements.
Vitiating factors: fraud, coercion, corruption, incapacity of a party or the settlement
being contrary to public policy or Indian law. Need for Mediation-specific
legislation to regulate and give legal sanctity to mediated settlements.

Module VIII: Legislations and Statutory Authorities:

a) All statutes and regulations on Mediation and Alternative Dispute Resolution; This
includes: The Arbitration and Conciliation Act, 1996; Conciliation--Relevant
Provisions and Case Law (sections 61-81); Arbitration--Relevant Provisions and
Case Law (sections 30-37); Sec 89, CPC 1908; Model Rules under Sec 89: Model
Civil Procedure ADR and Mediation Rules, 2003 (Parts I and II). Other Provisions
of the CPC, 1908: Order X (Rules 1, 1A, 1B, 1C); OrderXXIII
b) Rules 3, 3A and 3B. Order XXVII (Rule 5B), Order XXXIIA (Rule 3); Commercial
Courts Act 2015; The Commercial Courts (Pre-Institution Mediation and
Settlement) Rules 2018 (the PIMS Rules). The Consumer Protection Act 2019 and
relevantregulations.
c) Panchayats, Lok Adalats, Ombudsmen, Police Authorities, Bureaucrats, Grievance
Cells, Conciliation Officers

188
Module IX:Hybrids:UNCITRAL and ICT Enabled ADR
a) Arbitration and Conciliation Act, 1996 read with Information Technology Act, 2000
and Indian Evidence Act, 1872. And its advantages
b) Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018. Speedy
settlement of commercial cases through mediation. Settlement enforceable as
deemed arbitral award (under Section 30(4) of Arbitration and Conciliation
Act,1996)
c) UNCITRAL Model Law on International Commercial Mediation and International
Settlement Agreements Resulting from Mediation, 2018; United Nations
Convention on International Settlement Agreements Resulting from Mediation (the
Singapore Convention on Mediation). Mediation training and skill development,
international accreditation and development of global mediation standards.

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:

1. Afcons Infrastructure v Cherian Varkey., (2010) 8 SCC 24

2. National Insurance Co. Ltd. v BogharaPolyfab Pvt. Ltd., (2009) 1 SCC 267.(p.65)
3. ONGC Limited Vs Western Geco International Limited (2014) 9 SCC 263.

1. P. C. Markanda, Law relating to Arbitration and Conciliation. LexisNexis, ISBN –

8180388131, India; 8 thEdn. (2013)
2. O.P. Malothra, The law and practice of Arbitration & Conciliation ,2nd edn,
LexisNexis Butterworths , New Delhi (2006)
3. P.C. Rao & William Sheffield, ed., Alternative Disputes Resolution- What it is and
how it works? ,Universal Law Publishing Co. Pvt. Ltd., New Delhi, (2006).
4. P.C. Markanda, Law relating to Arbitration and Conciliation, 7th edn., LexisNexis
Butterworths, Nagpur, (2009)
5. Basu. N.D, Law of Arbitration and Conciliation( 9th edn., Universal Law
Publishing Co. Pvt. Ltd., New Delhi, 2000).
6. G.K.Kwatra , The Arbitration and Conciliation Law of India, Universal Law
Publishing Co. Pvt. Ltd., New Delhi, (2000).
7. Surendra Malik, Supreme Court on Arbitration, Eastern Book Co, Lucknow, (2003).
8. A. Redfern and M. Hunter, Law and Practice of International Commercial
Arbitration, Student Edition, Sweet and Maxwell, London, (2003).

Journal/ Article:

1. Annual Survey of Indian Law, (ILI, New Delhi).Cases for Guidance

2. Need for Alternatives to the Formal Legal System (Special Address by Muralidhar
S., International Conference on ADR, Conciliation, Mediation and Case
Management Organised By the Law Commission of India at New Delhi on May 3-
4, 2003)p.01
3. ‘Comparison of Adjudication with ADR’, Mediation Training Module of India
Chapter 4 (2011) SC of India,p.08
4. ‘Development of Mediation in India’, Mediation Training Module of India Chapter
1 (2011) SC of India,p.11

190
Learning Outcomes:
At the end of the semester, the students will be:
1. Competent to practice Mediator skills and undertake legal research and promote
legal reforms in theory and practice.
2. Gain skill and competency to decide and resolve ethical hitches in Conciliation and
Mediation as settlement mechanism.
3. To analyze and apply the substantive techniques of mediation and conciliation
4. Choose right techniques and effective communication,gain success by bringing
about consensus and draw up settlement agreement.
5. Practical trained via internship and training as observers at court-annexed mediation
centers,atprivate 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)

191
HLA0702: INTELLECTUAL PROPERTY RIGHTS

Objectives of the Course

The new trends in International Trade ushered in by the WTO and the TRIPS Agreement
demand for a serious rethinking on teaching Intellectual Property Laws. The new economic
policies, it is assumed will facilitate the free movement of capital, technology and goods
based on new technology across the borders to promote International Trade. This is expected
to bring in new technology for the industrial and economic development of India. It is also
expected that there is going to be more investment on the research and development by the
local industries to face the new international competition. On the other hand development of
science and technology result in cultural property violating the intangible cultural heritage/
traditional cultural expression and traditional knowledge of the developing countries and
Human Rights of Indigenous Communities. This demand, India to afford better protection for
the Intellectual Property based on the TRIPS Agreement and also to preserve and conserve
the cultural heritage of the country.

The course is designed with a view to create IPR consciousness; and familiarize the learners
various issues and challenges relating to IPR.

COURSE OUTLINE
Module I Introduction to Intellectual Property Rights:

d) Definition, Concept and Nature of Property, Kinds of Property;

e) Intellectual Property - Meaning, Nature, and Concept;
f) Theories of IPR- Natural Rights, Social Contract Theory, Incentive to Disclose
Theory, Locke’s Theory of property, utilitarian Theory, Marxian Theory and Theory
of Cultural Relativism;
g) Indian theory on Private Property and IP-Svatva, Svamitva and Svatantrya-
MamedamIti (it is mine);
h) Constitutional Values and Protection of Private Property and Intellectual Property-
Need for Protection of Intellectual Property- Origin and Development of Intellectual
Property Rights.

192
Module II: Internationalization of IP Protection

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).

Module III: Law of Copyright and Neighbouring Rights

h) Historical Origin of Law of Copyright and Neighbouring Rights;

i) Subject Matter of Copyright and Neighbouring Rights- Minimum Standard
requirements-Doctrine of merger-Doctrine of Sweat of the Brow- Economic and
Moral Rights;
j) Assignment and Licenses –Compulsory License – Statutory licence;
k) Infringement of copyright-Limitation and Exception-fair use/fair dealing-
Digitalization of copyrighted work- Anti Circumvention law-Remedial Mechanism
for infringement of Copyright and Neighbouring Rights.

Module IV: Patent Law

e) Origin and Development of Patent Law- Patentable Subject Matter- Patentability

Criteria-Pharmaceutical, biotechnology, software -Invention not Patentable;
f) Rights of Patent Holders – Limitations and Exceptions-compulsory license -Bolar
Exception-parallel imports.
g) Enforceability of Patent Rights- Claim interpretation and Construction- Doctrine of
Equivalents – Doctrine of Pith and Marrow- remedies for Patent Infringement.

Module V: Protection of Plant Varieties and Farmers’ Right

k) International Undertaking on Plant Genetic Resources for Food and Agriculture,

Convention on Biological Diversity, ITPGRFA 2001.
l) The Protection of Plant Varieties and Farmers' Rights, 2001- Definition of Plant
Varieties and Farmer‘s Rights- Registrable varieties- Genetically modified varieties-
Protection of Breeders and Farmers Rights- Researcher‘s Rights –Benefit Sharing.

193
Module VI: Trademarks and Geographical Indications:

a) Origin and development of Trademark-Meaning and definition of Trademarks- Types

of Trademark.
b) Basic principles of registration of trade mark- Absolute and relative ground for refusal
of registration of trademark .
c) Infringement of trade mark -deceptive similarity-concept of Dilution- Passing off-
Remedies.
d) Geographical Indications - International Protection under TRIPS- Meaning and
Definition of Geographical Indications, Indication of Source and Appellation Of
Origin- Producer or authorised user of GI.

Module VI: Industrial Designs:

a) Origin and development of Industrial Designs- Definition of Design- requirements of

originality or novelty- Copyright in Registered Designs - Piracy of Registered Design-
Remedies.
b) Definition of Layout Design and Integrated Circuit- Subject matter scope of
Semiconductor and integrated Circuit-Overlapping between Designs, Copyright and
Trademark.

Module VII: Contemporary Issues of IPR

a) IPR and Cultural Property-Traditional Knowledge and Traditional Cultural

Expression/ Folklore; Protection of the rights of Indigenous people- Access to Genetic
Resources, Prior Informed Consent and Benefit Sharing- Harmonization of CBD and
TRIPS; Inter-relationship between IPR and Human Rights (Art 17 and 27 of UDHR;
Art 15(1) of ICESCR).
b) IP protection for Artificial Intelligence output, algorithm and data – Ownership/
Inventorship Issue;
c) Protection of Database- EU Database Directive.
d) Patenting of Gene- Doctrine of Product of Nature;
e) Private International Law and Intellectual Property- Choice of Court, Choice of Law,
Recognition and Enforcement of Foreign Judgment.

194
Statutory Materials:
The Copyright Act 1957
The Patent Act 1970
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,(2 nd Edition) Thomason Reuters,
2013.

Case Book:
1. LTC Harms: Enforcement of IPR: A case BOOK WIPO Publication (3rdedn)
2012
availableathttp://www.wipo.int/edocs/pubdocs/en/intproperty/791/wipo_pub_7
91.pdf

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/

195
196
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/WAPO/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)

197
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)
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. LallubhaiChakubhaiJarivala v. ShamaldasSankalchand Shah AIR 1934 Bom 407
10. Bishwanath Prasad RadheyShyam 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:

After completion of the course students will be able to –

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.

198
SPECIALIZED HON’S COURSE
(a) -INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS

HS10701: INTERNATIONAL ECONOMIC LAW

Objectives of the Course:
International Economic Law as a branch of law is interested in the development of
states through trade, investment and economic legal policies. In the quest for development,
many states have caused damages to the ecosystem which now constitutes a threat to
humanity. This subject helps to understand the role played nations of North-South and East-
West hemisphere. It consolidates the finer version of International Economic Law, the object
of economic integration with that of the pragmatic approaches of the international trade
regime. International Trade Agreements and Conventions explore the balanced growth with
the regulatory effect in transacting international trade in municipal spheres. This subject
provides the basic understanding of the theory and practical application of International
Economic Law in balanced movement of the world economy forward.

COURSE OUTLINE

Module - I :Genesis of International Economic Law

(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.

Module - II :International Economic Institutions

(a) Structure and Functions of International Economic Institutions – International Trade

Organisation (ITO) – General Agreement on Tariff and Trade (GATT)
(b) Brettonwood Conference – Various Rounds of WTO and its impact.
(c) International Monetary Fund (IMF) – International Bank for Reconstruction and
Development (IBRD) – Millennium Development Goals

199
Module - III :Institutional Framework of World Trade Organisation (WTO)
(a) Structure and Functions of WTO – WTO and Covered Agreements – Protection of
Domestic Industries – Dumping and Anti-dumping – Subsidies and countervailing
measures
(b) Most Favoured Nation (MFN) Clause – National Treatment – Trade Related Aspects
of Intellectual Property Rights (TRIPS) – Trade Related Investment Measures
(TRIMs) – Trade in Agriculture – Regulation of Non-Tariff Barriers – Import
Licensing – Technical Barriers of Trade (TBT)
(c) General Agreements of Trade and Services (GATS) – Expanding horizons of WTO

Module – IV : Trade and Environmental Protection

(a) Historical Overview of International Environmental Protection – Permanent

Sovereignty over Natural Resources – Agreement on Sanitary and Phytosanitary
(SPS) Measures
(b) United Nations Committee on Trade and Environment (UNCTE) – United Nations
Committee on Trade and Development (UNCTAD) – Summits of the WTO
(c) Trade and Environment Controversies – Sustainable Development – Environmental
Exemptions under Article XX of GATT – Doha Round – Enforcement and
Compliance.

Module – V : Regulation of Foreign Investments

(a) International Investments – Foreign Direct Investments (FDI) – Foreign Institutional

Investors (FII) – Transnational Corporations
(b) International Commercial Contracts – International Sale of Goods – Electronic
Business Transactions – Crypto Currencies – Monetary System – Exchange Rates –
Balance of Payments
(c) Elements of International Taxation – Risk Analysis in International Trade.

Module - VI :Bilateral and Regional Trade

(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)

200
Module - VII :Settlement of Disputes in International Trade

(a) Methods of Dispute Settlement – Alternative Dispute Resolution (ADR) and

International Trade
(b) UNCITRAL – International Arbitration, Conciliation, Mediation and Litigation
(c) Dispute Settlement Body in WTO – Appellate Body (AB) – Consultation – Online
Dispute Resolution
Recommended Readings
Books

1. Indira Carr& Peter Stone, “International Trade Law”, 2017, 6 th Edition, Routledge
Publishers.
2. Ralph Folsom, “Principles of International Trade Law”, 2017, 2 nd 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. OumarArabov 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. AutarKrishenKoul, “Guide to the WTO and GATT”, 2018, Springer

1. “Indian Journal of International Economic Law” by NLSIU Publication.

2. “Trade, Law and Development Journal” by NLU, Jodhpur
3. “Indian Journal of Law and Economics”, by NALSAR Publication.
4. “Journal of International Economic Law” by Oxford University Press
5. “Global Trade and Customs Journal” by Wolters Kluwer
6. “World Trade and Arbitration Materials” by Wolters Kluwer
7. “International Trade Law and Regulation” by Westlaw UK
8. “World Trade Review” by Cambridge University Press
9. “Trade, Law and Development” by Hein Online Law Journal
10. “Common Market Law Review” by Wolters Kluwer law

E-JOURNALS with ARTICLES and WEBSITE sources

1. Steve Charnovitz, “What is International Economic Law?” 14 J. Int’l. Econ. L. 3 (2011)

available at http://scholarship.law.gwu.edu/faculty_publications
2. John H. Jackson, “Reflections on International Economic Law”, Published by Penn Law,
Legal Scholar Repository, 2014.
3. James Bacchus, “The Willing World: Shaping and Sharing a Sustainable Global
Properity” Cambridge University Press, 2018 pp 515.
4. Collin Picker, “International Trade and Development Law: A Legal Cultural Critique”
Article 4 in Volume 4, Number 2, The law and Development Review, 2011 available at
http://www.bepress.com/ldr/vol4/iss2/art4
5. C.O.Neal Taylor, “Interrelationships: International Economic Law and Developing
Countries”, Number 2, Volume 7, Boston College International and Comparative Law
Review, 2004 pp.187 – 194
6. Aleksander Savanovic, “Economic Sovereignty”, IISES, September 2014
http://proceedings.iises.net/index.php?action=proceedingsIndexConference&id=7
7. Pang Zhongying, “Globalisation Vs. Economic Sovereignty”, Yale Global Online,
December 2005.
8. Jong Bum Kim, “Cross-Cumulation Arrangement as FTA under GATT Article XXIV”,
Journal of International Economic Law, published by Oxford Academic, 2019.
9. Malcolm Langford, “The Revolving Door in International in International Investment
Arbitration”, Journal of International Economic Law, Oxford, June 2017, Volume 20,
Issue 2, pp 301-332.
10. Anne Van Aaken, Chad P Bown, Andrew Lang, “Introduction to the special issue on
Trade Wars”, Journal of International Economic Law, Oxford, December 2019, Volume
22, Issue 4, pp 529-533.
11. Anthea Roberts, “Toward a Geoeconomic Order in International Trade and Investment”,
December 2019, Volume 22, Issue 4, pp 655-676.
12. Ehring.L, “De facto Discrimination in World Trade Law, National Treatment and Most-
Favoured Nation Treatment - or Equal Treatment?”, Journal of World Trade, 2002, pp
921-977.
13. A. K. Sanders, “Principle of National Treatment in International Economic Law: Trade,
Investment and Intellectual Property”, Edward Elgar publishing, 2014.
14. M. Krajewski, “Legal Issues of Economic Integration”, Kluwer Law, 2005.
15. Jeanho, “State Responsibility for Breaches of Investment Contracts”, Cambridge

202
University Press, 2018, pp 330.
16. Fredrick M. Abbott, “The Doha Declaration on the TRIPS Agreement and Public Health:
Lighting a Dark Corner at the WTO”, Journal of International Economic Law, June 2002,
Volume 5, Issue 2, pp 469-505.
17. Csongor Istvan Nagy, “Clash of Trade and National Public Interest in WTO Law: The
Illusion of ‘Weighing and Balancing’ and the Theory of Reservation”, Journal of
International Economic Law, Oxford, January 2020.
18. Anne Van Aaken, Jurgen Kurtz, “Beyond Rational Choice: International Trade Law and
The Behavioural Political Economy of Protectionism”, Oxford, December 2019, Volume
22, Issue 4, pp 601-628.
19. Gilles Muller, “Troubled Relationships under the GATS: Tensions between Market
Access (Article XVI), National Treatment (Article XVII) and Domestic Regulation
(Article VI)”, Cambridge University press, July 2017, Volume 16, Issue 3, pp 449-474.
20. Pauwelyn, “Distinguishing Domestic Regulation from Market Access in GATT and
GATS”, World Trade Review, 2005, pp 131-170.
21. Sabrina Shaw, Risa Schwartz, “Trade and Environment in the WTO State of Play”,
Journal of World Trade, 2002, 36(1), pp 129-154.
22. Brian R Copeland, “Trade and the Environment”, Palgrave handbook of International
Trade, 2013, pp 423-496.
23. MichealAklin, “Re-exploring the trade and environment nexus through the diffusion of
pollution”, Environmental and Resource Economics, Springer, 2016, 64(4), pp. 663-682
24. Diane A. Desierto, “Shifting sands in the International Economic System: ‘Arbitrage’ in
International Economic Law and International Human Rights, Georgetown Journal of
International Law, 2018 Volume 49, pp 1019 – 1115.
25. Anne van Aaken and Jurgen Kurtz, “Beyond Rational Choice: International Trade Law
and the Behavioural Political Economy of Protectionism, Journal of International
Economic Law, 2019, Volume 22, Issue 4, pp. 601-628.

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.

*****

203
(b) CONSTITUTIONAL LAW AND PROPERTY LAW
HS10702: 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.

1. To study a wide variety of approaches to constitutional issues in order to identify

best practices that can be adopted everywhere;
2. The comparative federalism uses a comparative approach to explore the
contemporary nature and meanings of federalism and federation.
3. The comparative judicial review helps to strengthen the liberty and fundamental
freedom of individual and to understand the transnational migration of constitutional
ideas
4. The constitutional design on emergency powers & parliamentary privileges helps to
understand the reflections of democracy
COURSE OUTLINE

Module 1:Introduction:

a) The significance and importance of Study of Constitution

b) Types of Constitutions
c) Forms of government-Parliamentary-Presidential-Monarchial forms

Module 2:Federalism: Comparative Study

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.

204
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

Module 4:Impact of emergency under Indian Constitutions

a) Express emergency provisions under constitutions
b) Justiciability of the proclamation of emergency.
c) Impact of Emergency on the rights

Module 5:Parliamentary Privileges

a) Parliamentary privileges-comparative study with different countries
b) Parliamentary privileges and anti-defection Law
c) Need for Legislation on Parliamentary privileges in India

Module 6: Amenability of Constitution – Amendment under different Constitutions

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).
6. Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law
(Oxford University Press, 2009).
7. Surjit Choudhry, The Migration of Constitutional Ideas, (Cambridge University Press,
2009).

205
Articles Suggested:

1) Saunders, Cheryl (2006) “The Use and Misuse of Comparative Constitutional Law
(The George P. Smith Lecture in International Law),” Indiana Journal of Global Legal
Studies: Vol. 13: Iss. 1, Article 2. Available at:
http://www.repository.law.indiana.edu/ijgls/vol13/iss1/2.

2) Tom Ginsburg & Rosalind Dixon, “Comparative Constitutional Law: Introduction”

(University of Chicago Public Law & Legal Theory Working Paper No. 362, 2011).
Available at: http://chicagounbound.uchicago.edu/ public_law_and_legal_theory.

3) Antonia Baraggia, “Challenges in Comparative Constitutional Law Studies: Between

Globalization and Constitutional Tradition. Special Issue - Comparative
Law”, LaM October 2017, DOI: 10.5553/REM/.000026.

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.

5) Parikh, Sunita, and Barry R. Weingast. “A Comparative Theory of Federalism:

India.” Virginia Law Review 83, no. 7 (1997): pp.1593-615.

6) Uddin, Mohammad Moin, and Rakiba Nabi. “Judicial Review of Constitutional

Amendments in Light of the “Political Question” Doctrine: A Comparative Study of
the Jurisprudence of Supreme Courts of Bangladesh, India and the United
States.” Journal of the Indian Law Institute 58, no. 3 (2016): pp. 313-36.

7) Roznai, Yaniv. "Unconstitutional Constitutional Amendments—The Migration and

Success of a Constitutional Idea." The American Journal of Comparative Law 61, no.
3 (2013): pp. 657-719.
8) Roznai, Yaniv. "The Theory and Pracitce of 'Supra-Constitutional' Limits on
Constitutional Amendments." The International and Comparative Law Quarterly 62,
no. 3 (2013): pp. 557-97.

206
Learning outcome:

After completion of the course the student will be able to

 Understanding the variety of constitutional systems across the world;

 Identifying reflection on the potentialities and limits of constitutional law in
regulating the exercise of public power in contemporary society.
 Compare different government structures and their corresponding ways of protecting
human rights;
 Gain knowledge on different types of government, federalism, judicial review,
emergency and amendment practiced in other constitutions.

207
(c) CRIMINAL LAW AND FORENSIC SCIENCE
HS10703: 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.

Module II- Correctional Process and Law Enforcement:

a. Correctional Philosophy
b. Rehabilitation methodology – Rules and Regulations
c. Prisons Act –Prison Manuals
d. State Prison Manual
e. Reformatory laws – Prison Reform Commissions
f. Individualization of Offenders
g. Significance of prison systems
h. Alternative mechanism for punishment.

Module III- The Police System:

a. Police Administration
b. Types of Police System
c. Women, Home Guard, Rural policing, Friend of Police
d. Problems of Police
e. Principles of Police System
f. NHRC/SHRC & Police
g. Judiciary & Police
h. Functions of Police
i. Malimath Committee Report - National Police Commission.

208
Module IV- Prison Administration:
a. Prison Authorities
b. Prisoner’s Rights
c. Prison Commission
d. Prison Problem – Over Crowding – Prison Discipline
e. Rehabilitative Measures – Prison Education
f. Therapeutic Approach – Individualization & Imprisonment
g. Vocational Training
h. Prison Reform
i. Women Prison
j. Open Prison
k. United Nations Standard Minimum Rules on Treatment of Prisoners – After care
rehabilitation
l. Role of Society – Judiciary – NGO.

Module V- Correctional Process – Probation& Parole

a. After care process – Dr. Julius Augustus
b. The Probation of Offenders Act –Probation Officer
c. Functions of Probation Officers – Procedures of Probation
d. Significance of Probation Officers Report
e. Conditions to be released on Probation – Effects of violations of conditions
f. Rights and Duties of Sureties
g. Role of NGO’s – Role of Family members – Role of Society
h. Parole – Definition - Object
i. Probation and Parole
j. Parole in India – Legal Procedure
k. Judiciary & Parole
l. Parole Board – Functions of Parole Board – Conditions
m. Parole Violations – Judicial Trends
n. Parole & Indeterminate Sentence – Parole & Furlough
o. International Scenario – USA & Parole

Module VI- Recidivism & Crime Prevention:

a. Recidivist – Causes of Recidivism
b. Mechanism to combat Recidivism
c. Recidivism in India – Crime Prevention
d. Distinguish Crime prevention and treatment
e. Prevention of White-Collar Crimes
f. Prevention of traditional crimes
g. Prevention of Juvenile delinquency
h. Challenges in crime prevention
i. International perspectives – Role of the UN & Crime Prevention
j. UN Congress on Crime Prevention 1955 – 2015.

209
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:
1. Amy Deline& Adair Crosley 2010, “A Century of Criminal Law and Criminology”
The Journal of Criminal Law and Criminology Vol. 100, No:1, pp.1-6.
2. Malcom. M, Feeley & Jonathan Simon, 1992 “The New Penology: Notes on the
Emerging Strategy on Corrections and its Implications”, Criminology, Vl.30, Issue.4,
pp.449-474https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1745-
9125.1992.tb01112.x
3. Bruce R. Jacob & K.M. Sharma, 1969, “Justice After Trial: Prisoners Need for Legal
Services in the Criminal Correctional Process”, Kansas Law Review, pp.1270
4. Arie Freiberg, 2010, “Post Adversarial & Post Inquisitorial Justice: Transcending
Traditional Penological Paradigms”, European Journal of Criminology, Vol.8,
Issue.1, pp.82-101.
5. Jean Paul Brodeur, 2007, “Comparative Penology in Perspective”, Crime and Justice,
Vol.36, Issue.1, pp.49-91
6. Lisa L. Miller, 2001, “Looking for Postmodernism in all the Wrong places:
Implementing a New Penology”, The British Journal of Criminology, Vol.41, Issue.1,
pp.168-184

210
Further Readings:
Books:
1. Chakrabarthi. N.K., 2016, Institutional Corrections, Deep & Deep Publications,
New Delhi.
2. Chaturvedi. JC. 2006, “Penology & Correctional Administration” Asha Books,
New Delhi.
3. Haris Robert, 1992, “Crime, Criminal Justice & The Probation Service”
Routledge Publications.
4. Guharoy Jay Tilak, 1999, “Role of Police in Changing Society”, APH
Publications, New Delhi.
5. Master Ruth, “Counselling Criminal Justice Offenders”.
6. Pollack Joycelyn. N, “Counselling Women in Prison”
7. Sultan Adams, “Crime Prevention”
8. Stuttmen. H.S, “Crime and Punishment”
9. Malimath Committee Report
10. Bare Acts:
(i) The Prisons Act, 1984.
(ii) Model Prison Manual, 2016 – BPR&D
(iii) The Probation of Offenders Act, 1958

Journals:

1. Criminology, Criminal Justice, Law & Society

2. Death Penalty Reporter
3. European Journal of Criminology
4. Federal Prison Journal
5. Federal Probation
6. Federal Sentencing Reporter
7. International Journal of Restorative Justice
8. Journal of Delinquency
9. Prison Law Reporter
10. Prison Journal

211
Cases for Guidance:

1. Bachan Singh v. State of Punjab AIR 1980 SC 898

2. P. Rathinam v. Union of India AIR 1994 SC 1844
3. Mithu v. State of Punjab AIR 1983 SC 473
4. Rajendra Prasad v. Union of India AIR 1979 SC 916
5. T.V. Vatheeswaran v. State of TN 1983 SCC Crl 481
6. Machi Singh & Others v. State of Punjab AIR 1983 SC 957
7. DhananjoyChatterji v. State of West Bengal AIR 2003 SC 3131
8. C. Muniyappan& Others v. State of TN (2010) 9 SCC 567
9. PriyadharshiniMattu Rape case (2010) 9 SCC 747
10. Tukaram v. State of Maharashtra AIR 1979 SC 185
11. NilabatiBehra v. State of Orissa AIR 1993 SC 1960
12. D. K. Basu v. State of West Bengal AIR 1997 SC 3017
13. Sheela Barse v. Union of India AIR 1988 SC 224
14. Sunil Batra II case 1980 CrLJ 1099
15. Sanjay Dutt v. State of Maharashtra AIR 2013 SC 2682
16. Laxmi v. Union of India (2014) 4 SCC 427

Learning Outcome:
After completing the course, the students will able to:

 Understand the theories of punishments and development of concept of penology

 Analyze the concept of punishment and discuss about different perspective of
punishment.
 Examine the legal framework on penal sanction and correctional process
 Understand the Principles of Sentencing and examine the scope of correctional
process in reforming the wrong doer.

212
(d): INDUSTRIAL AND COMMERCIAL LAW
HS10704: CORPORATE SECURITISATION

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.

213
MODULE – II: REHABILITATION OF SICK COMPANIES:

a. Revival, reconstitution and rehabilitation of sick companies.

b. Sick Companies and their Revival.
c. The Law relating to sick companies.
d. Procedure for rehabilitation of sick companies.

MODULE – III: SECURITISATION & RECONSTRUCTION:

a. Securitisation and debt recovery.

b. Overview of the Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 and its amendment till the year 2013.
c. Special Purpose Vehicle (SPV)
d. Asset Reconstruction Companies (ARC)
e. Qualified Institutional Buyers (QIB)
f. Role and functions of the Board of Industrial & Financial Reconstruction (BIFR)
g. Recovery of Debts due to Banks & Financial Institutions Act, 1993.
h. Tribunal.
i. Procedure, compromises and arrangements with Banks and creditors.

MODULE – IV: WINDING-UP OF 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.

214
MODULE – V: CROSS-BORDER INSOLVENCY:

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_techniq
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.

215
FURTHER READING:
1. Securitization and the Global Economy-History and Prospects for the Future, by Buchanan,
Bonnie, Palgrave Macmillan, 1st, Edition, 2016.
2. Securitization, Structured Finance and Capital Markets, by Steven L. Schwarcz, Bruce A.
Markell, Lissa L. Broome, LexisNexis, 2001.
3. Securitization, by David G. Glennie, E.C. De Bouter, Randall D. Luke, Kluwer Law
International, 1998.
4. 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. NathellaSamapathu 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. PadmashriMahipatrai 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 JagnnathGedam v. State Bank of Hyderabad (2005) BC 217 DRT Nagpur
h) Indian Oil Corporation Ltd. Nagpur v. ShikshakSahakari 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

216
LEARNING OUTCOME:
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.

217
(a)-INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS

HS20701: INTERNATIONAL TREATIES AND CONVENTIONS ON

INTELLECTUAL PROPERTY

Objectives of the Course:

International Intellectual Property is a part of public international law as one of many

specialized areas within the universe of Public International Law. The purpose of the course
is to examine rules on intellectual property in the wider context of international law. The
standards laid down in various intellectual property treaties and conventions to harmonize
the laws of different countries and to promote international trade.

COURSE OUTLINE

Module I Structural Framework, Basic Principles and Policies

a) The International IP as a discipline-Trends in the International IP System -

Harmonization, Integration and Countervailing
b) International IP Institutions- WIPO, WTO and other Multilateral Institutions;
c) Basic Principles-National Treatment, MFN, Exhaustion of Rights, Uniform Standard,
Independence, Public Interest Doctrine, Territoriality and Extraterritoriality, Human
Rights and Sustainable Development-Policies

Module II: International Copyright System

a) Copyright as an Intellectual Property Form- Changing Technologies;

b) Multilateral Copyright Norms- Berne Convention, Universal Copyright Convention,
Rome Convention TRIPS Agreement- TRIPS Agreement and its relationship to the
Berne Conventions, The WIPO Copyright Treaty (WCT)- Neighbouring Rights and
the WIPO Performance and Phonograms Treaty (WPPT)-Beijing Treaty on Audio
visual Performance -The Marrakesh Treaty to facilitate Access to Published Works
for Persons who are Blind, Visually Impaired or otherwise Print Disabled;
c) Exhaustion and the Movement of Copyrighted works in Trade;
d) Copyright in Software and Open Source.

218
Module III International Patent System

a) The Multilateral Patent Agreements-Paris Convention-Independence of Nation,

Compulsory Licensing; The Patent Cooperation Treaty (PCT), Budapest Treaty,
European Patent Convention, TRIPS Agreement- Safeguards and exceptions, Doha
Declaration on Public Health,;
b) Patent and the Convention on Biological Diversity;
c) Patent Licensing, Transfer of technology and Competition.
d) Plant Variety as an IP-Multilateral Agreements-TRIPS Agreement, The International
Union for the Protection of New Varieties of Plants (UPOV) 1991, 1978 &1961 Act,
International Treaty on Plant Genetic Resources for Food and Agriculture 2001
(ITPGRFA).

Module IV International Trademark and Identifier System

a) Basic Characteristic of the Trademark, Domain Name and Geographical Indication-

Trademark at the Multilateral level-Paris Convention and Trademarks, and Well
Known Mark, Paris Convention and Indication of Source and Appellation of Origin -
TRIPS Agreement-The Interface Between Trademarks and GI
b) Trademark Exhaustion and International Trade;
c) Trademark Registration at the Multilateral Level-The Madrid Agreement and Protocol
Relating to the Madrid Agreement- Madrid Agreement on false and deceptive
indication of source- Lisbon Agreement on registration of Appellation of Origin.
Trademark Law Treaty
d) Internet Domain Name at the Multilateral Level- UDRP.

Module V: International Designs System

a) The Multilateral System for Protection of Design- Paris Convention TRIPS

Agreement-registered, unregistered and functional design-layout design;
b) The Hague Agreement Concerning the International Deposit of Industrial Designs
c) TRIPS Agreement and Washington Treaty on Intellectual Property in respect of
Integrated Circuit, 1989.

219
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.

Module VII: The International System for Enforcement of Intellectual Property Rights

a) Multilateral IPRs Enforcement Agreements-the TRIPS Agreement- Enforcement

Obligation- Enforcement in WTO Dispute Settlement Mechanism and Dispute
Settlement Understanding- Violation and Non Violation Complaints, Withdrawal of
Concession;
b) Other Multilateral Agreement on Enforcement-Berne and Paris Convention, Activities
of WIPO Arbitration and Mediation Centre, World Custom Organization, OECD
Project on Counterfeiting and Piracy- EU Enforcement Regime- IP Enforcement
Directive
c) United States Sec 377 of The Tariff Act of 1930 – Sec 301 and Special 301 of US
Trade Representative Act.

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).

220
Journals/Articles:

1. John H Barton, The Economics of TRIPS: International Trade in Information -

Intensive Products, 33 Geo. Wash. Int’l L. 473 (2001)
2. Keith E. Maskus& J. H. Reichman, The Globalization of Private Knowledge Goods
and the Privatization of Global Public Goods, 7 J. Int’l Econ. L. 279 (2004)
3. Pamela Samuelson, The US Digital Agenda at WIPO, 37 Va. J. Int’l L. 369 (1997)
4. Frederick M Abbott, The Doha Declaration on the TRIPS Agreement and Public
Health: Lighting a Dark Corner at the WTO, 5 J. Int’l Econ. L. 469 (2002)
5. Frederick M. Abbott, Non Violation Nullification or Impairment Causes of Action
under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and
Reminder, Quaker United Nations Office, Occasional Paper No 11 July 2003,

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.

221
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. Melvyn J. Simburg and et al., International Intellectual Property (2005) 39

International Lawyers, pp. 333-350.
2. Battling HIV -AIDS: A Decision Makers Guide to the Procurement of Medicines and
Related Supplies, Y. Tayler, Ed., World Bank 2004
3. Sisule F. Musungu& Graham Dutfield, Multilateral Agreements and a TRIPS Plus
World: The World Intellectual Property Organization (WIPO), TRIPS Issues Papers
3, Quaker United Nations Office (QUNO) Geneva Quaker International affairs
Programme (QIAP) Ottawa.
4. John Barton, New Trends in Technology Transfer: Implications for National and
International Policy, ICTSD Intellectual Property and Sustainable Development
Series, Issue Paper No 18, Feb 2007
5. The Recognition of Rights and the Use of Names in the Internet Domain Name
System, Report of the Second WIPO Internet Domain Name Process September 3,
2001, Available at http://wipo2.wipo.int
6. Office of United States Trade Representative 2006 Special 301 Report, Available at
http://www.ustr.gov
7. Pamela Samuelson, The US Digital Agenda at WIPO, 37 Va. J. Int’l L. 369 (1997)
8. Frederick M Abbott, The Doha Declaration on the TRIPS Agreement and Public
Health: Lighting a Dark Corner at the WTO, 5 J. Int’l Econ. L. 469 (2002)
9. Frederick M. Abbott, Non Violation Nullification or Impairment Causes of Action
under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and
Reminder, Quaker United Nations Office, Occasional Paper No 11 July 2003,
available at http://www.quno.org
10. Carsten Fink & Patrick Reichenmiller, Tightening TRIPS: The Intellectual Property
Provision of Recent US Free Trade Agreements, World Bank Trade Note 20, Feb7,
2005

222
Case for Guidance:

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 (2 nd 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 Outcome:

After completion of the course students will be able to –

 Learn the various international system that regulates Intellectual Property Rights
 Discuss the different Multilateral Organizations where rules are negotiated and
applied with subject matter interest in IPRs.
 Equip with the basic principles and policies underlying the protection of IPRs at
the multilateral level to protect IP and harmonize the laws of the member nations.
 Examine the significant developments regarding the enforcement of IP at the
international level.

223
(b): CONSTITUTIONAL LAW AND PROPERTY LAW
HS20702: INTRODUCTION TO LAND LAWS

Objectives of the Course:

The objective of this specialized paper is to know about the

1.land system in pre-independence and the right to property under constitution of India, The
right of the government to acquire land for public purpose under the doctrine of eminent
domain and the right of the person interested to claim compensation
2. Laws relating to acquisition of land for companies, industrial purpose in the name of
special economic zone and the rights of tribal over their property.
3. Land reform constitutes the most important package of measures to improve the economic
condition of agricultural tenants.

Course Outline

Module– I: Concept of land and land movements in India:

Concept of land and real property –concept of ownership -land system in ancient India -
Panchami Land – Gramdhan Land - Boodan Movement – Tamil Nadu Boodan Act, 1958

Module – II: Land Tenure System in Pre-Independent India:

Zamindari system- permanent settlement, Inamwari, Mahalwari, Ryotwari-melwaram-
kudiwaram-rights and responsibilities of Ryotwari pattadar.

Module – III: Significance of land laws and constitutional provisions:

Constitutional protection relating to property –Eminent Domain- Article 31A – Article 31 B-
Article 31 C- Article 300 A- Ninth Schedule- land and governance in the fifth schedule-
legislative powers of center and state in enacting land laws.

Module – IV: Acquisition of Land:

a. The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 [LARR Act]
b. Establishment of Special Economic Zone- Constitution of Board of Approval –
functions of Development Commissioner - Special Economic Zone Authority
c. Acquisition Of Lands For Industrial Purposes

Module– V: Land rights of Tribes:

Definition of tribes, scheduled tribes- Title rights- use rights – forest management rights of
tribes – process of recognition of rights – scheduled area – V schedule – prohibition of
alienation of tribal land.

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

224
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:

On successful completion of this course, students will be able to:

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.

225
(a) CRIMINAL LAW AND FORENSIC SCIENCE
HS20703: CRIMINOLOGY

Objectives of the Course:

Criminology is a scientific study of law that deals with criminal behavior of an offender. The
theories of crimes, theories of crime causation, determining factors of commission of crime
are discussed in this subject. Understanding of behavioral pattern of the accused shall be
incorporated while imposing of punishment.Criminology and Criminal Law mustapply
parallelly while determining the sentence. The course also included new dimensions of the
Criminal Justice System, Victimology. The need for equal participation in the trial process
till the sentencing process raised two decades ago.Victimology permits the victims in to
participate determining the remedy, compensatory jurisprudence etc .

Course Outline

Module I: Introduction, Nature and Scope of Criminology:

a. Concept of crime – Development of crimes through ages
b. Crime and Offence – Crime and sin
c. Different types of Crimes – Penal Crimes – Victimless Crime – Organised Crimes –
International Crimes – Human Organs Crimes
d. Characteristic of Crimes
e. Crime and Criminology – Criminology and Criminal Law – Criminology, Criminal
Law and Penology
f. Objectives of Criminology - Criminology in India Development of Criminal Law in
India
g. Modern Criminal Law and Criminology.

Module II: Schools of Criminology, Crime Causation – Societal and Individual Causes:
a. Pre- Classical School
b. Classical School
c. Neo-Classical School
d. Positive School – Cesare Lombroso – Enrico Ferri – Rafael Garofalo
e. Clinical School
f. Sociological School
g. Modern Schools of Criminology
h. Crime Causation - Hereditary – Mental Illness – Biological factors – Mc’Naghten
Rule
i. Donald Taft view on criminality
j. Sigmund Freud’s view on criminality – Psychological concept of crime
k. Aristotle Four theories of Crime

226
l. Conflict Theory – Sociological Theory of Crime
m. Multiple Factor Theory of Crime Causation -Mobility – Cultural Conflict – Peer
group – Family – Poverty – Education – Unemployment – Political Ideology – Media
– Urbanization
n. Economic Factor and Bonger’s theory - Ecology.

Module III: Types of Crimes – Traditional Crimes

a. Organised Crimes: Predatory crimes
b. Criminal Rackets – Political Graft
c. Wildlife Skin trading crimes
d. Collective Violence – Communal Violence
e. Terrorism
f. Characteristics of Organised Criminals
g. Sexual Offences – IPC and Sexual Offences – Rape Laws in India and other countries
h. Alcoholism and Drug Addiction – International perspectives of Drug abuses
i. Narcotic Drugs and Psychotropic Substances Act – IPC and Toxicities
j. Measures to combat illicit trafficking – Enforcement agencies.

Module IV: New Era Crimes

a. White Collar Crimes - Sutherland’s view on White Collar Crimes
b. Types of White-Collar Crimes
c. Cyber Crimes – Hacking – Spoofing – Cyber Terrorism – Cyber Defamation – Cyber
Pornography – Online theft – Computer vandalism – IP Crimes - IT Act, 2000
d. Human Organs Crime – Human Organs Transplantation Act, 1994
e. Victimless Crimes – Suicide – Immoral Traffic Offences – Drug addiction
f. International Crimes – Rome Statute 2000 – Genocide, War Crimes, Crimes against
Humanity.

Module V: Crime Statistics

a. Crime Statistics – Reliability of Crime Statistics
b. Sources - National Crime Record Bureau – State Crime Record Bureau
c. Pattern of Crimes against Women
d. Crime Statistics of Crimes against Children
e. Crime Records on Narcotic Drugs
f. Crime Statistics on Cyber Crimes - Crime graph comparative
g. Increase in crime rate – Agenda.

227
Module VI: Victimology
a. Introduction – Theories of Victimology
b. Definition – Victims
c. Victims’ Rights & Liabilities – International Instruments in Victimology
d. Victimization of Victims– Consequences of victimizations
e. Types of victims – Recurring Victims – Homicide & Genocide Victims – Sexual
Offences Victims – Political Offences Victims – Property Offences Victims –
Domestic Violence Victims
f. Legal Remedy – Restorative Justice
g. Victims Participation – Victims Assistance
h. Justice Malimath Committee Report
i. Criminal Law and Victims Rights.

Recommended Readings:

 Ahmed Siddique, 2017, Criminology-Problems and Perspectives, IInd Edition,

Eastern Book House, Lucknow.
 Daigle, L. and Muftic, R. Lisa (2016). Victimology. Thousand Oaks, CA: SAGE
Publications.
 Prof N. V. Paranjape, 2014, Criminology and Penology with Victimology, 16 th
Edition, Central Law Publications, Allahabad.
 William Katharine.S, 2004, Criminology, Oxford University Press.
 Bajpai. G.S, &GaubaSbriga, “Victims Justice: A Paradigm Shift in Criminal Justice
System in India”
 Robert Cryer, HakanFriman, Darryl Robinson & Elizabeth Wilmshurst 2014, “An
Introduction to International Criminal Law and Procedure”, 3rd Ed, Cambridge
University Press.
Journals for scholarly articles:
 Canadian Journal of Criminology and Criminal Justice : 1958 – 2019
 Criminal Behavior and Mental Health : 1991 – 2019
 Criminal Justice and Behavior : 1974 – 2020
 Criminologist : 1972
 Criminology and Public Policy : 2001 – 2020
 Criminology, Criminal Justice, Law & Society : 1998 -2014
 Criminology : 1963 – 2020
 European Journal of Criminology : 2004 - 2020
 Issues in Criminology : 1965 – 1975
 Journal of Criminal Law and Criminology : 1910 – 2020
 Journal of Delinquency : 1916 – 1928
 War Crimes, Genocide and Crimes against Humanity : 2005 – 2011
 Western Criminology Review : 1998 – 2019

228
Further Readings:
 Chakrabarthi. N.K., 2016, Institutional Corrections, Deep & Deep Publications, New
Delhi.
 Abhuja Ram, 2000, Criminology, Rawat Publications, New Delhi.
 E.H. Sutherland, 1968, Principles of Criminology, Times of India Press, Bombay.
 Crime in India Published by National Crime Record Bureau, Ministry of Home
Affairs, New Delhi.
 SachadevUpdesh Singh, 1987, Frauders& Bankers: Prevention and Detection
Techniques, UDH Publishing House.
 PadhyPrapullah, 2006, Organised Crimes, Isha Books, Delhi.
 Patnaik .B.N, “Compensation to Victims of Crime”
 Robert Albert. B, “Helping Crime Victim”
 Bare Acts:
(i) The Protection of Women from Domestic Violence Act, 2005.
(ii) The Immoral Traffic (Prevention) Act, 1956
(iii) The Sexual Harassment of Women at Workplace (Prevention and Prohibition
and Redressal) Act, 2013.
(iv) The Information Technology Act, 2000
(v) The Narcotic Drugs and Psychotropic Substances Act, 1985.
(vi) The Human Organs Transplantation Act, 1994.
(vii) Statute of International Criminal Court

E-Books:
 Braithwaite. J (March 2000) “New Regulatory State and the Transformation of
Criminology”, British Journal of Criminology, Vol.40. Issue 2, pp.222-238.
 Roufa Timothy, “Criminology, the Study of Crime, Causes and Consequences”,
The Balance Careers, https://www.thebalancecareers.com/what-is-criminology-
974589
 David, Christian Carsten 1972, “Criminology-Crime”, Northampton shrine, UK,
https://www.carsten-ulbrich.zymichost.com/crimeanalysis/10/html
 Shokry El-Dakkak. M, “Criminology and Penology”,
https://www.adjd.gov.ae/sites/Authoring/AR/ELibrary%20Books/E-
Library/PDFs/Criminology%20ANd%20Penology.pdf
 Dr. Rajendra Kumar Sharma, 1998, “Criminology and Penology”, Atlantic
Publications, New Delhi.
https://books.google.co.in/books/about/Criminology_and_Penology.html?id=1pR
JTw6EdtsC.
 Ross McGarry &SandreWalklate, 2015, “Victims: Trauma, Testimony & Justice”
Routledge Publications, London & New York.
https://books.google.co.in/books?hl=en&lr=&id=oifLCQAAQBAJ&oi=fnd&pg=
PP1&dq=journal+on+victimology+and+victim+justice&ots=YfXGQi2-
Ws&sig=0-

229
gvvNojXpdWh2mlr21dtVC3rqM#v=onepage&q=journal%20on%20victimology
%20and%20victim%20justice&f=false
 William. G Doerner& Steven P. Lab, 2012, “Victimology” 6th Ed, Elsevier
Publications, USA.
https://books.google.co.in/books?hl=en&lr=&id=iJbBhqhEZY0C&oi=fnd&pg=P
P2&dq=scholarly+articles+on+on+victimology&ots=ek-
H4xWmHR&sig=0cqvXElXL9jiFpSP3GEL4_Et_5s#v=onepage
 William A. Schabas & Nadia Bernaz 2011, “Routledge Handbook on
International Criminal Law”, Routledge Taylor and Francis Group Publications,
New York.
https://books.google.co.in/books?hl=en&lr=&id=usEtCgAAQBAJ&oi=fnd&pg=
PP1&dq=William+Schabas+international+crime&ots=3j0k24bTit&sig=-
P5PEBL8Qtixl8Yb9OIq-
ygZgzE#v=onepage&q=William%20Schabas%20international%20crime&f=fals
e

Research Articles:
 Jean Jordan, 2011 “Professional Discretion and the use of Restorative Justice
Programme in Appropriate Domestic Violence cases: An Effective
Innovation”,Chapman Journal of Criminal Justice, 2011 Vol.2, No.1, pp.129 – 164.
 Hannah Ching, Michael Dafern and Stuart Thomas 2017, “A Comparison of
Offending trajectories in violent youth according to violent type” Criminal Behavior
and Mental Health Vol.27, pp.8-14.
 John Stratton, Michael Brook and Robert E. Hanlon 2017, “Murder & Psychosis:
Neuropsychological Profiles of homicide offenders with Schizophrenia”, Criminal
Behavior and Mental Health Vol.27, pp.146-161.
 Ashton.H 1927, “Languages and the Criminal” The Criminologists pp.8 & 9.
 Philip J. Cook 2016, “Behavioral Science Critique of HOPE”, Criminology and
Public Policy Vol.15, Issue.4, pp.1155-1162.
 Jay S. Albanese & Kristine Artello 2019, “The Behavioral Corruption: An Empirical
Typology of Public Corruption by Objective and Method” Criminology, Criminal
Justice, Law and Society Vol.20, Issue.1, pp.1-20.
 Edwin M. Schur & Hugo Adam Bedau 1975, “Victimless Crimes: Two sides of a
Controversy” Issues in Criminology Vol.10, Issue.1, pp.126-138.
 Amy Deline& Adair Crosley 2010, “A Century of Criminal Law and Criminology”
The Journal of Criminal Law and Criminology Vol. 100, No:1, pp.1-6.
 David H. Jones 2005, “On the Prevention of Genocide: The Gap between Research
and Education: War Crimes, Genocide and Crimes Against Humanity Vol.1, Issue.1,
pp.5-46.
 Kieram McEvoy & Kristen McConnachie, 2012, “Victimology in Transitional
Justice: Victimology, Innocence and Hierarchy”, European Journal of Criminology,
Vol.9, Issue.5, pp.527-538.

230
 Tinneke Van Camp & Jo-Anne Wenimers, 2013, “Victims Satisfaction with
Restorative Justice More than Simply Procedural Justice”, International Journal of
Victimology, Vol.19, Issue.2, pp.117-143.
 E. A. Fattah, 1979, “Some Recent Theoretical Development in Victimology”,
Victimology, Vol.4, Issue.2, pp.198-213.
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=64082
 Manisha Sahay 2018, “Transplantation of Human Organs & Tissues Act: Simplified”
Indian Journal of Transplant Vol.12, Issue.2, pp.84-89.
https://www.ijtonline.in/text.asp?2018/12.2.84/235594
 Susan A. Lentz, B. Grant Stitt 1996, “Women as Victims in “Victimless Crimes” The
Case of Prostitution”, Journal of Contemporary Criminal Justice, Vol.12, Issue.2,
pp.173-186https://www.journals.sagepub.com/doi.abs/10.1177/104398629601200204

Web Sources for Scholarly Articles:

 https://heinonline.org
 https://jstor.org
 https://shodganga.inflibnet.ac.in
 https://network.bepress.com/law/criminal-law
Web Sources for referring latest decisions:
 https://indiankanoon.org
 https://manupatrafast.com
 https://www.aironline.in
 https://scconline.com

Related Cases:
 Paras Ram v. State of Punjab (1981) 2 SCC 508
 Meh Ram v. State 1994 CrLJ 1897 (Raj)
 Tola Ram v. State of Rajasthan 1996 CrLJ 8 (Raj)
 Vishaka v. State of Rajasthan AIR 1997 SC 3011
 Shreerangayee v. State of Madras (1973) 1 MLJ 205
 Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802
 R.K. Garg v. Union of India (1981) 133 ITR 239
 Subramaniya Swamy v. Dr. Man Mohan Singh AIR 2012 SC 1185
 Govt of Andra Pradesh v. P.V. Reddy AIR 2002 SC 3346
 Nimmagadda Prasad v. CBI AIR 2013 SC 2821
 M/s SattyamInfoway Ltd v. M/s Sifynet Solutions (P) Ltd AIR 2004 SC 3549
 Dr. L. Prakash v. State of T.N. (2008) 3 MLJ Crl 406
 Gurdeep v. State of Punjab (2013) 10 SCC 395
 State of Haryana v. Janak Singh & Another AIR 2013 SC 3246
 ShyamNarin v. State of (NCT Delhi Administration) AIR 2012 SC 2209
 Mohd Iqbal v. State of Jharkhand AIR 2013 SC 3077

231
 Narendra Kumar v. State (NCT Delhi Administration) AIR 2012 SC 2281
 Deepak Gulait v. State of Haryana AIR 2013 SC 2071
 State of Maharashtra & Others v. Nagpur Distilleries 2006 (5) SCALE 77
 State of H.P. v. Asha Ram AIR 2006 SC 381
 Swamy Shradhananda @ Murali Manohar Mishra v. State of Karnataka AIR 2008 SC
3040
 PriyadharshiniMattu Rape case (2010) 9 SCC 747
 Tukaram v. State of Maharashtra AIR 1979 SC 185
 NilabatiBehra v. State of Orissa AIR 1993 SC 1960
 Prem Shankar Shukla v. Delhi Administration AIR 1980 SC 1535
 D. K. Basu v. State of West Bengal AIR 1997 SC 3017
 Sheela Barse v. Union of India AIR 1988 SC 224
 S.P. Anand v. State of M.P. AIR 2007 SC 166
 Sunil Batra II case 1980 CrLJ 1099
 Rameshdoss v. Raghunath & Others AIR 2008 SC 1298
 Sanjay Dutt v. State of Maharashtra AIR 2013 SC 2682
 Rudal Shah v. State of Bihar AIR 1983 SC 1986
 Laxmi v. Union of India (2014) 4 SCC 427

Learning Outcome
After completing the subject, the students will able to:
 Understand the historical development of concept of criminology and understand the
interlink between criminology, criminal law and penology
 Understand the contributions of criminologists through scientific study to analyze the
causative factors of crime causation
 Examine the behavioral pattern of offenders.
 Examine the types of crimes and its characterization.
 Acquaint with the contemporary development of crimes.
 Realize the importance of victim’s participation and argue for the implementation of
victims’ protection measures under criminal justice system.

232
(d): INDUSTRIAL AND COMMERCIAL LAW
HS20704: 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 labourOrganisation, 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 LabourOrganisation

(a) Constitution and Declaration of Philadelphia.

(b) Fundamental Principles.

(c) Aims and Objectives.

(e) Composition.

(f) Functions.

(g) Membership.

(h) Organs of the ILO.

233
(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 II: International Labour Code

(a) Meaning, Nature and Scope of International Labour Code.
(b) Development and Importance of ILC.
(c) International Labour Standards- Conventions and Recommendations.
(d) Ratification and System of enforcement.
(e) Technical Assistance Programme and the Special Fund, World employment programme,
Women workers, International Peace, Human Rights.
(f) The ILO Century Project 1919-2019.
(g) ILC and India.

Module III: Labour Jurisprudence

(a) Evolution, Concept and Importance of Labour jurisprudence.

(b) Social Justice and Social welfare.
(c) Role of Tripartitism in Labour Jurisprudence.
(d) Role of Principles of Natural Justice.

Module IV: ILO and India

(a) Labour Movement in India.
(b) India’s membership to ILO.
(c) Constitution and Labour -Preamble- Fundamental Rights- DPSP- VII Schedule-
Constitutional Remedies and Constitutional validity of Labour Statutes.
(d) Human Rights of Labour.
(e) Women and Child Workerss.
(f) Social Security and ILO.
(g) ILO and India’s appraisal.

234
Module V: Tripartism
(a) Concept and Forms.

(b) Areas of Operation- Preconditions.

(c) Machineries in India.

(d) Indian Labour Conference and Standing Labour Committee, Industrial Committees, Wage
Boards, State Labour Advisory Boards.

(e) Voluntary Arbitration and Labour Policy- Code of Discipline in Industry.

(f) Role of ACTRAV.

Module VI: Judiciary and Labour Jurisprudence

(a) Nature and Scope of Industrial Jurisprudence.
(b) Industrial Adjudication and Judicial Review – Powers of High Courts and Supreme Court.
(c) Public Interest Litigation and LabourJuriprudence.
(d) Judicial Activism in developing Labour Jurisprudence.

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 LabourOrganisation 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.

235
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 LabourOrganisation”, (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:

1) P. Kalpakam, “The International LabourOrganisation’s Committee on Freedom of

Association and International Protection of Trade Union Rights” 17 JILI 618-633
(1975).
2) Zafar Hussain and Afzal Wani, “Application and Enforcement of International Labour
Standards in India: A Critique”, 53 JILI 577-593 (2011).
3) C.S.Venkata Ratnam, “India and International Labour Standards”, 35 IJIR 461-485
(2000).
4) N.L.Mitra, “Freedom of Association for Organised and Unorganised Workers-
International Precept and Practice”, 35 JILI 1-33 (1993).
5) O.P.Parmar, “ILO and India in Pursuit of Human rights thorughLabour Standards”, 23
JILI 555-577 (1981).
6) Michael Hasenau, “ILO Standards on Migrant Workers: The Fundamentals of UN
Convention and their genesis”, 25 IMR 687-697 (1991).

1. Jinender N. Kumar & Ajay Bhola, “International LabourOrganisation (ILO) (Regal

Publications, 2008).

236
2. Galenson Walter, “The International Labour Organization: An American View”
(Madison, 1981).
3. Sinha & Sinha, “Industrial Relations and Labour Legislation” (Oxford & I B H
Publishing Co., New Delhi, 1977).
4. The ILO and the World of work, (ILO Pub. Geneva, 1984).

Articles:

1. Nagaraj, R., “Fall in Manufacturing Employment: A Brief Note”, Economic and

Political Weekly, Vol. 39, pp. 3387-90, July 24-30, 20004).
2. Kamala Sankaran, “Human Rights and the World of Work”, 40 JILI 284-294 (1998).
3. C.S.Venkata Ratnam, “Impact of New Economic Policy on the Role of Trade
Unions”, 29 IJIR 55-78 (1993).
4. Ratna Sen, “Unionisation and Collective Bargaining in the Unorganised Sector”, 47
IJIR 598-616 (2012).
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).

Cases for Guidance

1. Bandhua Mukti Morcha v. Union of India and others, (1997) (3) SCC 755.
2. Neeraja Chaudry v. State of MP, AIR 1984 SC 1099.
3. Peoples Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.
4. Amristar v. State of Punjab &Ors., AIR 1981, SC 14
5. National Textile workers union v. P.R. Ramkrishnan&Ors, AIR 1982 SC 1473
6. Ram Kumar Misra v. state of Bihar, AIR 1984 SC 537
7. Consumer Education & Research Centre & Others v. Union of India, 1995 AIR 922.
8. M.C. Mehta v. State of Tamil Nadu, AIR 1991 SC 417
9. D.S. Nakara v. Union of India, AIR 1983 SC 130
10. Deena v. Union of India, AIR 1983 SC 115
11. S. Basudevan v. S.D. Mittal, AIR 1962 Bom 53
12. State of Gujarat v. Hon’ble High Court of Gujarat, (1998) 7 SCC 392
13. ChatisgarhKrishakMazoor Sangh’s v. State of Madhya Pradesh, (1987) Suppl. SCC
198
14. P. Siva Swamy v. State of Andhra Pradesh, AIR 1988 SC 1863
15. Balram v. State of Madhya Pradesh, AIR 1990 SC

237
Learning Outcome:
Upon completing this course, the student will be able to:
1. Appreciate the genesis of ILO in its historical context and its procedural complexities;
2. Understand the foundational role the ILO has played in labour jurisprudence,
including through the international labour code;
3. Perceive India’s long history of engaging with the ILO and implementing its decisions
to uplift its workers; and
4. Discern the various keystone concepts of labour jurisprudence and also comprehend
the role played by the judiciary in developing such jurisprudence.

238
FOURTH YEAR

VIII-SEMESTER

HLC0819: LABOUR LAW II

SOCIAL SECURITY AND LABOUR WELFARE LAWS

Objectives of the Course:

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.

This course has been designed to:

I. Instruct the student on the concept of social security, its evolution, components, and
objectives;
II. Examine the role played by ILO in developing social security jurisprudence;
III. Provide students with a critical and practical understanding of the rights of the
employee in case of employment-related death, disablement, disease or accidents;
IV. Educate students on the state insurance benefits available to employees under various
circumstances;
V. Examine the maternity benefit rights available to female employees;
VI. Analyse, in-depth, the various retirement benefits made available to employees; and
VII. Explore the provisions of law governing factories.

The syllabus has been prescribed with these objectives and consists of 6 modules.

239
COURSE OUTLINE

Module I - Conceptional Framework of Social Security

(a) Concept of Social security.

(b) Evolution of Social Security.
(c) Constituents of Social Security.
(d) Object and Aim of Social Security.
(e) Social Security and Labour Welfare.
(f) ILO on social security.
(g) Social Security and Constitution.
(h) Classification of Social Security Legislations .

Module II - Social Security and Industrial Injuries

(a) The Employees’ Compensation Act, 1923 - Scope, Objects, Coverage And Definitions.
(B) Liability Of The Employer To Pay Compensation.
(C) Arising Out of and in the Course of Employment.
(d) Doctrine Of Notional Extension.
(e) Occupational Diseases.
(f) Determination And Distribution Of Compensation.
(g) Principal Employer’s Right Of Indemnity.
(h) Commissioner’s Powers AndFunctions.

Module III - Social Security and Social Insurance

(a) The Employee’s State Insurance Act, 1948 - Objects, applications and ‘Seasonal Factory’
– Definitions.

(b) E.S.I. Corporation, Standing Committee And Medica Benefit Council .

(c) E.S.I. Fund.

(d) Contributions.

(e) Benefits.

(f) Adjudication Of Disputes And Claims.

(h) Penalties.

240
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.

(f) Powers And Duties of Inspectors.

Module V – Retiral Benefits

(1) (a) The Employee’s Provident Funds And Miscellaneous Provisions Act, 1952 - Scope,
Coverage, Application And Definitions.

(b) Authorities to Administer the Fund.

(d) Employees Provident Fund Scheme, Employees’ Pension Scheme And Deposit Linked
Insurance Scheme.

(e) Authorities to determine and Recover Money Due from Employer.

(f) Employees’ Provident Fund Appellate Tribunal.

(e) Offences and Penalties.

(2) (a) Payment Of Gratuity Act,1972 - Background, Object And Definitions.
(b)Payment of Gratuity – Eligibility - Rate of Gratuity – Forfeiture.
(c) Compulsory Insurance

(e) Determination of Gratuity.

(f) Recovery of Gratuity.

(g) Controlling Authority.

(h) offences and Penalties.

241
Module VI - Labour Welfare Legislation

(1) (a) Factories Act, 1948 - Backgroundanddefinitions.

(b) Formalities to Start a Factory.

(d) Inspecting Staff and Certifying Surgeons.

(e) Health, Safety and Welfare measures,

(f) Working Hours.

(g) Employment of youngpersons.

(h) Annual leave with wages.

(2) (a) Regulation of Shops and Establishments - The Tamil Nadu Shops and Establishment
Act,1947 - Applicability and Coverage – Definitions.

(b) Opening and closing hours.

(c) Employment of young persons.

(d) Hours of Work.

(e) Health and Safety Measures.

(f) Leave and Annual Leave with wages.

(g) Authorised Deductions From Wages.

(h) Inspectors – Powers and Functions.

(i) Penalties for Offences.

242
Recommended Reading

Books prescribed:

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

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).
4. Usha Ramanathan, “Statute Law, Injury & Compensation” 47 Journal of
Indian Law Institute 158-198 (2005).
5. N.S.Kamboj, “Hazardous Industries Policy & the Law” 46 Journal of Indian
Law Institute 449-462 (2004).
Further Reading

Reference 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).

243
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).\
6. Veer Singh, “Employment Injury and Employees’ State Insurance Scheme Functional
Perspectives” 29 Journal of Indian Law Institute 76-93 (1987).
7. Thomas Paul, “ Consumer Empowerment ESI Hospitals Under CP Act” 49 Journal of Indian
Law Institute 409-414 (2007).

Articles:

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.DVezhaventhan, “A Study on Maternity Benefit Scheme in India”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.4393.

3. Priyanka.B, A.Sreelatha, “Effective Implementation of Maternity Benefit Act Of 1961”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.1329.

4. K B Ravindra, “Labour Welfare and Social Security” Ushus J B Mgt 13, 1(2014), p.77.

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.

8. Jerome Joseph and Srinath Jagannathan, “Employment Relations & Managerialist

Undercurrents — The Case of Payment of Gratuity Act, 1972” Indian Journal of Industrial
Relations Vol. 47, No. 2 (October 2011), p. 253.

244
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.

Cases for Guidance:

245
Learning Outcome

Upon completing this course, the student will be able to:

1. Appreciate the evolution and conceptual backbones of social security laws;

2. Recognise the pivotal role played by ILO in ensuring social security rights for
workers;
3. Distinguish the rights of employees under various employment-related mishaps and
consequences;
4. Understand the scope and reach of state insurance benefits to employees;
5. Critically analyse maternity benefits available to women employees and their
adequacy/inadequacy;
6. Discern the nuances of retirement benefits payable to employees; and
7. Comprehend the compliances to be followed by factories and critically analyse
relevant laws.

*****

246
HLA0803: COMPETITION LAW

Objectives of the Course

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 II : Evolution Of Competition Law

a) Historical background – sources of competition law-
b) Evolution in international arena – common law doctrine of restraint of trade- anti trust
legislations – USA, UK, European Union
c) Evolution in India - MRTP Act, 1969 –Ragavan Committee Report, 2000 -
Transformation of MRTP Act 1969 to Competition Act, 2002 –Distinction between
MRTP Act and Competition Act
d) Object and scope of Competition Act, 2002.

Module III: Anti-Competitive Agreement

a) agreement definition – Rules for determining Appreciable adverse effect on
competition(AAEC) - perse rule and rule of reason

247
b) Relevant Market- relevant geographic and relevant product market- factors considered
by CCI
c) Horizontal Agreements- Vertical Agreements- exceptions – Intellectual Property rights
and competition law
d) Cartels – Landmark judgments decided by CCI- punishment for cartel- leniency
programme

Module IV: Abuse Of Dominant Position

a) Enterprise definition- dominant position – factors determining dominance- comparison
with MRTP Act and Consumer Protection Act – market share and market power -
difference
b) Abuse by enterprises–Unfair or discriminatory trade practices – –Limiting protection or
technical or scientific development –Denial of Access to market –Imposition of
supplementary obligations –influence in other markets using dominance
c) predatory price – meaning – case studies to identify predatory pricing
d) factors to be considered by CCI for identifying abuse of dominance
e) Penalties for abuse – orders passed by CCI for abuse- division of enterprises.

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

248
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:

1. Chauhan, B.S. “INDIAN COMPETITION LAW: GLOBAL CONTEXT.” Journal of

the Indian Law Institute, vol. 54, no. 3, 2012, pp. 315–323. JSTOR,.
2. Sethi, Rajat, and Simran Dhir. “Anti-Competitive Agreements Under the Competition
Act, 2002.” National Law School of India Review, vol. 24, no. 2, 2013, pp. 32–49.
3. Pierce, Richard J. “COMPARING THE COMPETITION LAW REGIMES OF THE
UNITED STATES AND INDIA.” National Law School of India Review, vol. 29, no. 1,
2017, pp. 48–69.
4. Dick, Andrew R. “When Are Cartels Stable Contracts?” The Journal of Law &
Economics, vol. 39, no. 1, 1996, pp. 241–283.
5. “Cartels and Competition.” Organizing Control: August Thyssen and the Construction
of German Corporate Management, by JEFFREY R. FEAR, Harvard University Press,
Cambridge, Massachusetts; London, England, 2005, pp. 235–260.
6. Kaplow, Louis. “On the Meaning of Horizontal Agreements in Competition
Law.” California Law Review, vol. 99, no. 3, 2011, pp. 683–818.
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.

249
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:

1. BrahmDutt v. Union of India, AIR 2005 SC 730

2. CCI v. Steel Authority of India Ltd. &Anr, (2010)10SCC 744
3. Builders Association of India v. Cement Manufacturers', Case No. 29/2010,CCI.
4. All India Tyres Dealers Federation v. Tyres Manufacturers, 2013 COMP LR 92
(CCI), Main Order dated October 30, 2012 and Minority Order by Mr. R Prasad
(Member, CCI) dated October 30, 2012.
5. Exclusive Motors Pvt Ltd v. Autoele Lamborghini SPA, Case No. 52/2012,CCI
6. Belaire Apartment Owners' Association v. DLF Ltd & HUDA, 2011 Comp
LR0239(CCI),
7. Surinder Singh v. Board of Control for Cricket in India, [2013]113CLA579(CCI)
8. Etihad Airways and Jet Airways Combination Order, CCI, Order dated
November 12, 2013.
9. Google Inc. &Ors v. Competition Commission of India &Anr.,
[2015]127CLA367(Delhi)
10. Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India
&Anr., [Writ Petition (Civil) No. 464/2014, Decision dated March 30,2016]

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.

250
HLA0804: CYBER LAW AND INFORMATION TECHNOLOGY

Objectives of the Course

Advent of computers, followed by Internet has revolutionized the human existence and their
conduct in the society. The information can be accessed, stored, retrieved and distributed
speedily and easily. The traditional paper documents are now being replaced by their
electronic equivalents. The commercial transactions and individual functioning are more
driven by the digital technology. This transition has put forth need for a law to facilitate and
govern activities in the information society and has thus led to the passing of the Information
Technology Act, 2000 (IT Act).
The primary focus of this course will be studying on electronic commerce, electronic
signatures, electronic governance, data protection, cyber security, penalties and offences
under the IT Act, dispute resolution and other contemporary issues. In addition, there will be
an insight into the applicability of other laws in the digital environment.
Course Outline
Module I: Introduction to Cyberspace
a) Over view of computer and web technology –Evolution of cyberspace
b) Technology and its impact on Society and Politics- Growth and significance of
Information Technology- Need for Cyber Law-Information Technology Act 2000
with recent Amendments
c) Jurisdictional issues in Cyberspace-Types of jurisdiction –Theories of Jurisdiction-
The test evolved -Minimum contacts theory-Sliding scale theory-Jurisdiction under IT
Act, 2000;.

Module II: Constitutional and Human Rights Issues in Cyberspace

a) Freedom of Speech and Expression in Cyberspace
b) Right to Access Cyberspace -Access to Internet
c) Right to Privacy-Right to data Protection- Personal Data Protection Bill 2019.

Module III: Legal Recognition and Authentication of Electronic Records

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.

251
Module IV: New Dimensions of E-commerce

a) Kinds of contracts-Email and Standard form of contacts- -Formation of E-Contracts-

Application of Contract Act -Legal Validity of E-Contract-
b) Electronic Data Interchange- E-Commerce - Models of E-Commerce;
c) E-Governance- what is E-Governance-E-Governance project in India –The National
e-Governance Plan(Ne-GP)- E-Courts Mission Mode Project of India;
d) E-Banking transaction –Online payment Options -First Virtual-Cyber Cash-Secured
electronic transaction;
e) Taxation issues in Cyberspace –Permanent Establishment-Double Taxation
Avoidance Agreement-Model Tax Treaty- OECD (Organization for Economic Co-
operation and Development) Model Tax treaty and United Nation Model Tax Treaty.

Module V: Cyber Crimes

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

a) Interface with Copyright Law-Copyright Protection of Computer Programme-Reverse

engineering of Computer Programme– Copyright Infringement in Cyberspace -
Obligation Concerning Technological Protection Measures WCT and WPPT-Limiting
the Liability of Internet Service Provider -EU Database protection Directive ;
b) Interface with Patent law-Patentability of Software – Business Method Patent ;
c) Trademarks and Domain Name Related issues- Cybersquatting -Anti Cybersquatting
Consumer Protection Act- Metataging-Pop Up Advertisements-Framing- Linking-
Dispute Resolution under –ICANN Policy -UDRP-INDRP.

252
Module VII: Contemporary Issues in Cyberspace

a) Cloud Computing-Essential characteristic- Deployment models –Service models

b) Convergence of technology –definition- before and after Convergence of technology-
Communication Convergence Bill 2001 – Spectrum Management Committee
c) Block Chain Technology- peer-to-peer technology- Crypto currency-Distributed
ledger
d) Artificial Intelligence- Big data Analytica.

1. Kamath Nandan, Law Relating To Computers Internet &E-Commerce- A Guide To

Cyberlaws &The Information Technology Act, Rules , Regulations And Notifications Along
With Latest Case Laws (2012).
2. Karnika Seth, Computers Internet and New Technology Laws (2013).
3. Kamlesh K. Bajaj, Debjani Nag, E-Commerce: The Cutting Edge of Business, 2nd Ed. (2005).
4. Apar Gupta, Commentary on Information Technology Act (2016).
5. N.S Nappinai – Technology Laws, 1st Ed LexisNexis (2017).

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.
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).

253
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)

Cases for Guidance:

1. Casio India Co. Ltd., v. AshitaTelesyatems 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)

254
12. State of Tamil Nadu v. SuhasKatti (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)
19. Yahoo Inc v. Akash Arora &Anr, 78 (1999) DLT 285
20. Panavision International L. P. v. Toeppen 141 F.3d 1316 (9 th 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 (9th
Cir 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:
After completion of the course students will be able to –

 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.

255
(a): INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
HS30801: 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

Module I: Background and Introduction

A. Origin and Development – Concept of Human Rights –Ancient Europe - The Middle
Ages – The Magna Carta – Bill of rights – American Revolution – French Revolution
– Classification of Human Rights – Practice of Ancient Indian States - Vedas, Ashoka
and Sangam Tamil Nadu

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

Module II: Development of International Human Rights Law

A. ICRC and Evolution of International Humanitarian Law – abolition of slavery –

national and international efforts to abolish slavery and apartheid
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
C. Evolution of International Labour Organisation – Early conventions and subsequent
development – rights of workers including women, children and migrant labour

256
Module III: United Nations and International Human Rights

A. Evolution of Human Rights in the UN framework- Development of UDHR – Role of

Commission on Human Rights
B. International Bill of Human Rights – Universal Declaration of Human Rights –
International Covenant on Civil and Political Rights – International Covenant on
Economic, Social and Cultural Rights – Non-derogable rights – Progressive
Realisation of Human Rights – Conventions on Rights of the Child, Women and
Disabled
C. Prevention of Terrorism –International efforts to counter terrorism –cyber warfare and
human rights

Module IV:Enforcement Mechanisms

A. General Assembly and Security Council on Human Rights - United Nations Charter
based Human Rights Institutions- UNHRC –Committees under various human rights
treaties – General Comments and Recommendations – Special Rapporteurs – UN
High Commissioner for Human Rights
B. Response of International Community to Human Rights Situations: South and South
East Asia, Middle East, Africa, Latin America and Eastern Europe
C. Asian, African and European Human Rights Instruments and their enforcement –
Regional Judicial bodies. (European Court of Human Rights, Inter-American Court of
Human Rights and African Court of Human Rights)

Module V: Civil and Political Rights

A. Rights of elderly Persons, Tribes, Minorities (including Linguistic, Religious and

Sexual Minorities)
B. Rights of Victims of Crimes – Death Penalty – Rights of Accused and Convict
C. Democracy and International Rule of Law – Right to Vote – Right to Take Part in
the Governance
D. Concept of NGO’s and International NGO’s – their participation in Human Rights
issues – Selective case studies.

Module VI: Economic and Cultural Rights

A. Right to Education – International law and national implementation

B. Right to Health – International Law on Tobacco control, Narcotics - contagious
diseases – World Health Organisation
C. Right to Food, Water and Sanitation – eradication of hunger and malnutrition –
role of Food and Agriculture Organisation
D. Right to Environment – Sustainable Development Goals – economic
development, environmental protection and human rights

257
Module VII: International Refugee Law

A. Introduction – Refugees, Internally Displaced Persons, Forced Migration, Economic

Migration, Asylum – Relationship between IHRL, IHL, and IRL
B. International Standards in Refugee Law - 1951 UN Convention relating to the Status
of Refugees (UNCSR) with its 1967 Additional Protocol, UNHCR – Statute,
Mandate, Role, Functions, Responsibilities
C. Concept of Non-Refoulment, Durable Solutions - voluntary repatriation, local asylum,
and resettlement
D. Contemporary Concerns and Challenges – Select case studies

Module VIII: Implementing International Human Rights in India

A. India’s ratification and response to Human Rights Treaties and mechanisms

B. The Protection of Human Rights Act, 1993 – Paris Principles on National Human
Rights Institutions – State and National Human Rights Commissions
C. Commissions for Women, SC/ST, Minorities, Children etc.
D. Constitutional and Legislative Framework: Fundamental Rights, Duties and Directive
Principles – Right to Information
E. Role of High Courts and Supreme Court in Protecting Human Rights

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
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)
 KjerstiSkarstad, “Human rights through the lens of disability” Netherland Quarterly
of Human Rights” Vol. 36(1) 24 (2018)

258
 MarttiKoskenniemi , National Self-Determination Today: Problems of Legal Theory
and Practice, The International and Comparative Law Quarterly, Vol. 43, No. 2
(Apr., 1994), pp.241-269
 Myongsei Sohn, Globalization of Public Health Law and Ethics, Asia-Pacific Journal
of Public Health 24(5) 851-8 (2012)
 Philippe Cullet , The Right to Sanitation: Multiple Dimensions and Challenges in
Philippe Cullet (ed) “the Right to Sanitation in India” (Oxford, 2019)
 S. Muralidhan, “Rights of Victims in the Indian Criminal Justice System” National
Human Rights Journal (2004) http://www.ielrc.org/content/a0402.pdf
 S. Radhakrishnan, Development of Human Rights in an Indian Context, International
Journal of Legal Information (Volume 39 , 2008)

Indian Cases
 NALSA v. Union of India
 Navtej Singh Johar v. Union of India
 Francis Coralie Mullin Vs. The Administrator (AIR 1981 SC 746)
 Madhav HayawadanraoHoskot Vs. State Of Maharashtra (1979 SCR (1) 192)
 Selvi Vs. State Of Karnataka ((2010) 7 SCC 263)
 Jolly George Varghese v. Bank of Cochin (1980) 2 SCC 360
 Justice K.S.Puttaswamy(Retd) vs Union Of India, (2019)1 SCC 1
 Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295
 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
 Parmanand Katara v. Union of India ((1989) 4 SCC 286)
 Lakshmi Kant Pandey vs Union Of India (AIR 1984 SC 469)
 Chairman, Railway Board and others Vs. Mrs.Chandrima AIR 2000 SC 988
 Maneka Gandhi Vs. Union of India (1978) 1 SCC 248

International Court of Justice

 Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, https://www.icj-cij.org/en/case/131
 AhmadouSadio Diallo (Republic of Guinea vDemocratic Republic of Congo)
https://www.icj-cij.org/en/case/103

 Legal Consequences for States of the Continued Presence of South Africa in

Namibia (South West Africa) notwithstanding Security Council Resolution
276 (1970) https://www.icj-cij.org/en/case/53
 Application of the Convention on the Prevention and Punishment of the Crime
of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
https://www.icj-cij.org/en/case/91
 Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v.
Belgium) https://www.icj-cij.org/en/case/121

259
Regional Courts

 Advisory Opinion of Inter-American Court of Human Rights on ‘the right to

information on consular assistance in the framework of the guarantees of the
due process of law’
http://www.corteidh.or.cr/docs/opiniones/seriea_16_ing.pdf
 Case of Loizidou v. Turkey
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-58201%22]}
 Lautsi v. Italy, Judgement of the Grand Chamber dated 18 March 2011
 Al-Adsani v United Kingdom (2002) 34 EHRR 273

Foreign Courts
 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.

260
(b): CONSTITUTIONAL LAW & PROPERTY LAW

HS30802: HUMAN RIGHTS IN THE CONSTITUTIONAL LAW

Objectives of the Course:

Human Rights are essentially a product of Democracy. The Paper proposes to study
the Bill of Rights as a Constitutional guarantee of Human Rights. It focuses on the nature
and development of the concept of Human Rights and its applications in the Nation- States
through their Constitutional and Ordinary Laws.
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.

Module II: Fundamental Rights as Human Rights

a. Applicability of Human Rights.
b. Influence of UDHR on Fundamental Rights
c. Un-enumerated individual rights under the Constitution.
d. Fundamental Rights as a limitation against State and Non-state Actors
e. Fundamental Duties- Evolution and Relationship between Fundamental Duties and
Fundamental Rights.

Module III: Directive Principles of State Policy as Human Rights

a. Influence of UDHR on Directive Principles of State Policy
b. Social-economic Rights- Distributive Justice.
c. Social- Security and Welfare Provisions.
d. Justiciability and enforceability of Directive Principles of State Policy.
e. Relative Importance of Directive Principles of State Policy and Fundamental Rights.

261
Module IV: Ensuring Human Rights through Good Governance
a. Democracy- Guaranteed freedoms, People’s Participation.
b. Rule of Law- Non-Arbitrariness- Fairness.
c. Due Process- Substantive and Procedural, Procedure established by law
d. Transparency- corrupt free governance, RTI, Whistle Blower Laws, Judicial
Accountability.

Module V: Emerging Dimensions of Human Rights and Evolution of the Concept of

Human Rights and Duties

a. International enforcement of human rights,

b. Impact of globalization on Human Rights
c. Human rights, science and technology
d. New rights: Rights of future generations,
e. Human rights and duties in contemporary India

Module VI: Judicial Activism and Development of Human Rights Jurisprudence:

a. Application of International Human Right Instruments in the domestic field
b. Rights of Women
c. Rights of children
d. Rights of LGBT and queer community
e. Rights of persons with disability
f. Rights of prisoners and prison reforms
g. Rights of senior citizens
h. Rights of minorities

Module VII: Human Rights and Statutory Machinery in India

a. Protection of Human Rights Act, 1992.
b. National Human Rights Commission.
c. State Human Rights Commission.
d. National Commission for Minorities; Women and Children
e. National Commission for SC, ST and OBC.

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, 3 rd 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.

262
Articles from Journals:
1. Baxi, Upendra. “From Human Rights to the Right to Be Human: Some Heresies.”
India International Centre Quarterly, vol. 13, no. 3/4, 1986, pp. 185–200. JSTOR,
www.jstor.org/stable/23001445.

2. T.K.TOPE, “Fundamental Duties and Justiciability”, (1982) 2 SCC J-9

3. P.K.Tripathi, Directive Principles of State Policy, (1954) 17 SCJ 7

4. M.P.Singh, “The Statics and Dynamics of the Fundamental Rights and Directive
Principles – A Human Rights Perspective”, (2003) 5 SCC J -1

5. Human Rights Special issue, JILI vol. 40, 1998(Jan – Dec)

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

5. Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,

(HarperCollins Publishers India, 2019)E-book available at
https://www.goodreads.com/book/show/43913429-the-transformative-constitution

6. HM Seervai, Constitutional Law of India – 3 Volumes (1991)

7. Raj Kumar, Chockalingam (ed), Human Rights, Justice and Constitutional

Empowerment (2nd Edition, Oxford University Press, 2010)

8. VenkatIyer (ed), Democracy, Human Rights And The Rule Of Law, (Essays in the
Honour of Nani Palkhivala, Butterworths, New Delhi, 2000)

9. Chandra, Shailja, Justice V.R. Krishna Iyer on Fundamental Rights and Directive
Principles (Deep and Deep, Delhi, 1998).

10. Nirmal, C.J., Human Rights in India (New Delhi: Oxford, 1999).

263
Landmark Cases for Guidance:
1. A.K.Gopalan v. State of Madras, AIR 1950 SC 27
2. ADM Jabalpur v. S. Shukla, AIR 1976 SC 1207
3. Air India v. NargeshMeerza,AIR 1981 SC 1829
4. BachapanBachaoAndolan v. Union of India, AIR 2011 SC 3361
5. Chairman Railway Board v. Chandrimadas, AIR,2000 SC 988
6. D.K.Basu v. State of West Bengal, AIR 1997 SC 610
7. Golak Nath v. State of Punjab, AIR 1971 SC 1643
8. Jolly George Varghese v. Bank of Cochin AIR 1980 SC 470
9. K.S. Puttaswamy and others v. Union of India, 2017 SCC 1
10. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
11. Maneka Gandhi v. Union of India AIR 1978 SC 597
12. MC Mehta v. State of Tamil Nadu AIR 1997 SC 699
13. Md. Hanif Quareshi v. Bihar, AIR 1958 SC 731
14. NALSA v. Union of India (2014) 5 SCC 438
15. Nilabati Bahera v. State of Orissa, (1993) 2 SCC 746
16. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180
17. PeoplesUnion for Democratic Rights v. Union of India, AIR 1982 SC 1473
18. Randhir Sigh v. Union of India, AIR 1982 SC 879
19. Sankari Prasad v. Union of India, AIR 1951 SC 455
20. Sajjan Singh v. State of Rajasthan, AIR, 1965 SC 845
21. Sarala Mudgal v. Union of India, (1995) 3 SCC 635
22. Sunil Batra v. Delhi Administration, ( 1 & 2) AIR 1980 SC1579
23. Vineet Narain v. Union of India AIR, 1998 SC 889
24. Visakha v. State of Rajasthan, AIR, 1997SC 3011
25. Young Lawyers Association v. State of Kerala(2018 SCC On Line SC 1690)

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.

3. Demonstrate an understanding of the practical application of human rights law to

specific human rights problems in India.

4. It ensures analysing complex human rights problems and applies relevant provisions of
human rights law in India

5. The study promotes human right awareness and duties education among the student
community by making them evaluate the role of judiciary in balancing individual
liberty with social control.

264
(c): CRIMINAL LAW AND FORENSIC SCIENCE
HS30803: 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:

 To examine and discuss the history of computer crime.

 To examine various theoretical framework explaining computer crime.
 To educate about the regulation of cyber space at National and International level.
 To demonstrate knowledge of the different types of computer crime.

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.

Module II: Psychological , Sociological and Criminological Perspectives of Cyber

Criminals
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.

265
Module III: Taxonomy of cyber crimes
a) Cyber Crime Against Individual-Internet Grooming; Cyber Stalking; Cyber
Harassment; Cyber Extortion; Online Pedophilia
b) Cyber Crime Against Property- Illegal Access; Hacking And Cracking- Illegal Data
Acquisition; Data Espionage-Illegal Interception; Data Interference; System
Interference-Computer Threats
c) Copyright And Trademark Related Offences- Computer Related Offences-
d) Cyber Crime Against Nation; Cyber Terrorism; Cyber Warfare; Cyber Laundering;
Content Related Offences
e) Crimes Associated With Mobile Electronic Communication Devices.

Module IV: Privacy and Data Protection- Cyber-Enabled Intellectual Property Crime
a) Privacy- Privacy and security
b) Cybercrime that compromises privacy
c) Data protection -Data breach -Enforcement of privacy and data protection
d) Intellectual Property-Causes, reasons and perceived justifications for cyber-enabled
copyright and trademark offences in Digital medium
e) Domain Name Dispute and resolution issues in Digital Medium- Protection and
prevention efforts.

Module V: Issues and challenges

a) Cyber law and Jurisdiction-principles of Jurisdiction
b) Theories of jurisdiction in cyberspace- the theory of up loader and the downloader
;the Minnesota theory; the theory of the server
c) Internet jurisdiction – Indian context of Internet jurisdiction - International position of
Internet jurisdiction
d) Cyber Crime Present and the Future- Crypto currency-Bitcoin- Ethereum-
Blockchain-Ransomware
e) Deep Weband Dark Web- Deep Web And Its Challenges.

Module VI: Prevention of Cyber Crimes

a) Statutory Provisions regarding Cyber Crimes in India- The Information Technology
Act, 2000 and the Information Technology (Amendment) Act
b) Judicial Perspective of India in cyber crime
c) Global Perspective of Cyber Crimes and the related Laws-International cooperation
to combat cyber crimes
d) Conferences, Conventions, Summits, and Treaties cyber crimes and cyber laws-
World Trade Organization (WTO), World Intellectual Property Organization (WIPO)
e) Internet Cooperation for Assigned Names and Numbers (ICANN).

266
Recommended Reading
Books
1. Cyber Crime, Talat Fatima, 2nd Edition, Eastern Book Company
1. Cyber law and Cyber crime: Analytical Approach, Dr.M.K.Nagaraja, Sun Publishing
House, Edition 2014
2. Solving the internet jurisdiction puzzle,SvantessonD,Oxford University Press, (2017)
3. Cyber Crime and Cyber Terrorism Investigator's
Handbook,AkhgarBStaniforthABoscoF,Elsevier Inc., (2014)
4. Cyber Crime and Cyber Terrorism Investigator's
Handbook,AkhgarBStaniforthABosco F, Elsevier Inc., (2014)

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 JFinkelhorDMitchellKYbarra M, American
Psychologist (2008) 63(2) 111-128
3. The Perception Analysis of Cyber Crimes in View of Computer Science Students,
SolakDTopaloglu 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
1. Cyber-Physical Attacks: A Growing Invisible Threat,Loukas G, Elsevier, (2015)
2. The psychology of cyber crime: concepts and principles, Kirwan GPowerA
Information Science Reference, (2012)
3. Security and the networked society, AoMOwens R, Springer International Publishing,
(2013
4. Cyberspace and Cybersecurity, TrachtmanJTrachtman 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

267
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 SEmmDPapadaki 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 PAbdulManapNTaji 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,
ElmaghrabyALosavio M, Journal of Advanced Research (2014) 5(4) 491-497

Cases for Guidance

1. Vyakti Vikas Kendra, India Public v. Jitender Bagga (Del HC) I.A. No. 8877/2012 in
CS(OS) No.1340/2012 Order decided on : 09.05.2012
2. Shreya Singhal v. U.O.I (SC) Writ Petition (Criminal) No.167 OF 2012 24 March,
2015
3. Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. 2004 Supp(2) SCR 465
4. Banyan Tree Holding (P) limited v. A. Murali Krishna Reddy CS (OS) No. 894/2008,
Del(DB
5. Neogen Corp. v. Neo Gen Screening, Inc., 282 F.3d 883, 890 (6th Cir. 2002)
6. National Association of Software v. Ajay Sood and ors. 119 (2005) DLT 596, 2005
(30) PTC 437 Del
7. Aveek Sarkar v. State Of West Bengal (SC) CRIMINAL APPEAL NO.902 OF 2004
decided on 3 February, 2014
8. State of Tamil Nadu v. SuhasKatti ( decided on 5-11-2004) ADDL. CMM EGMORE,
, C.C.NO.4680/2004 Source :http://www.prashantmali.com/cyber-law-cases
9. The State (Cyber Cell v. Yogisha @ Yogesh Pandurang Prabhu ADDL. Chief
Metropolitan Magistrate, 37th Court, Esplanade, Mumbai C.C. No. 3700686/PS/2009
(Delivered on 3rd July, 2015)
10. Maqbool Fida Husain v. Raj Kumar Pandey Delhi High Court, CRL. REVISION
PETITION NO.114/2007 Decided on 8 May, 2008

268
11. Anvar P.V v. P.K.Basheer&Ors Civil Appeal No. 4226 of 2012 (SC) decided on 18
September, 2014
12. Syed Asifuddin v. State of Andhra Pradesh, 2006 (1) ALD (Cri) 96; 2005 CriLJ 4314
13. Diebold Systems Pvt. Ltd. vs The Commissioner, ILR 2005 KAR 2210
14. Sanjay Kumar v. State of Haryana P & H High Court decided on 10/01/2013 CRM
No.1353 of 2013 ;CRR No.66 of 2013 (O&M)
15. State of A.P. v.. Prabhakar Sampath VI Addl.Chief Metropolitan Magistrate,
Hyderabad. CC. 489 of 2010 31st day of March, 2015 Available
at:http://www.prashantmali.com/cyber-law-cases
16. Hyderabad v. Prabhakar Sampath, Add. CMM Hyderabad, decided on 31/03/2015,
CC 489 0f 2010 available at: www.prashantmali.com/cyberlaw-cases 34
17. Naascom v. Ajay Sood, 119 (2005) DLT 596
18. Aveek Sarkar v. State of West Bengal (SC) Criminal Appeal no. 902 of 2004 decided
on 3/2/2014
19. Anvar P.V v. P.K.Basheer, Supreme Court, decided on 18 September, 2014, Civil
Appeal No.. 4226 of 2012, available at http://indiankanoon.org/doc/187283766/
20. My Space Inc. v. Super Cassettes Industries Ltd., Delhi (DB), FAO(OS) 540/2011,
C.M. APPL.20174/2011, 13919 & 17996/2015 decided on 23 December, 2016
available at http://indiankanoon.org/doc/12972852/

Learning Outcomes
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.

269
(d): INDUSTRIAL AND COMMERCIAL LAW
HS30804: INSURANCE LAW

Objectives of the Course:

The concept of Insurance has been prevalent in India since ancient times. This is evidenced
from the over-seas travel for business and commerce, wherein if any loss sustained in the
transit, it was borne by the Joint family members doing business together. In the present
times Insurance has taken a remarkably different structure and developed to a considerable
extent. It is crucial to a Student of Law to have a comprehensive knowledge of Insurance
Law, in the light of Insurance sector having expanded into all fields and having become an
integral part of both the common man and the corporate sector.
The objective of the study of this subject is to provide the Students -
i. An understanding of the Legal dimensions of the Law relating to the formation of
insurance contracts.
ii. An insight into the Laws that buttress the operations of insurance.
iii. To comprehend and appreciate the significance of various types of insurances and the
consequences of the happening of various perils insured against.
iv. To familiarise with the organisational set-up of the redressal mechanisms, functions and
powers of the same, claim settlement procedural aspects, under the various Statutes
pertaining to insurance.
COURSE OUTLINE

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.

270
MODULE – II: GENERAL PRINCIPLES OF INSURANCE:
a. Insurable Interest.
b. Premium.
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.

MODULE – III: LIFE INSURANCE:

a. Definition of pertinent terms.
b. Contract of Life Insurance and formation.
c. Policy of Life Insurance.
d. Comparison between life insurance and other insurances.
e. Kinds of Life Insurance Contracts.
f. Events insured against in Life Insurance.
g. Felo De Se.
h. Elements affecting the risk.
i. Sums recoverable under Life Insurance policy.
j. Persons entitled to Payment.
k. Settlement of Claims.
l. Life Insurance Corporation Act, 1956.
m. Privatisation of Life Insurance industry.

MODULE – IV: MARINE INSURANCE:

a. Nature of Marine Insurance.
b. Marine Adventure.
c. Classification of Marine Insurance policies.
d. Voyage, Change of Voyage and Deviation.
e. Maritime Perils.
f. Excluded Losses.

271
g. Warranties in Marine Insurance.
h. Actual Total Loss.
i. Constructive Total Loss.
j. Abandonment.
k. Slip and cover.
l. General Average.
m. Particular Average.
n. Salvage.
o. FPA Clause.
p. Indian Marine Insurance Act, 1963.

MODULE – V: FIRE INSURANCE:

a. Meaning of the term ‘Fire’.
b. Loss by Fire.
c. Nature of Fire Insurance.
d. Consequential Loss Coverage.
e. Doctrine of Subrogation.
f. Doctrine of Contribution.
g. Doctrine of Re-instatement.

MODULE - VI: MOTOR VEHICLES INSURANCE:

a. Nature and Scope of Motor Vehicle Insurance.
b. Indemnity in Motor Vehicle Insurance Contracts.
c. Types of Motor Vehicle Policies.
d. Absolute and no fault liability.
e. Amount payable in case of death and permanent disablement.
f. Nature and Scope of Compulsory Insurance.
g. Third party claims.
h. Hit and Run Motor Accidents.
i. Motor Accident Claims Tribunal.
j. The Motor Vehicles Act, 1988.
k. The Motor Vehicles (Amendment) Act, 2019.

272
RECOMMENDED READING:
a) Modern Law of Insurance in India, by K.S.N. Murthy and K.V.S. Sharma – LexisNexis, 6th
Edition, 2019.
b) Law of Insurance, by Avtar Singh – Eastern Book Company, 3rd Edition, 2017, reprinted in 2018.
c) Principles of Insurance Law, by M.N. Srinivasan – LexisNexis, 10th Edition, 2017.
d) General Principles of Insurance Law, by E.R. Hardy Ivamy – Butterworth, 6th Edition, 1993.
e) Modern Insurance Law, by John Birds – Sweet and Maxwell, 11th Edition, 2019

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.

273
LANDMARK CASE LAW:
14. Pim v. Reid
15. Dalby v. The Indian & London Assurance Co.
16. Tyrie v. Fletcher.
17. Law v. London Indisputable.
18. Stevenson v. Snow.
19. The Wilson Son’s & Co. v. Xantho.
20. Beresford v. Royal Insurance Co. Ltd.
21. Oriental Life Insurance Co. v. Ammiraju.
22. Ibrahim vs Mackinnon Mackenzie & Co.
23. Hyderabad (Deccan) Co. v. Willoughby.
24. Bouillon v. Lupton.
25. Canada Rice Mills Ltd. v. Union Marine & General Insurance Co.
26. Harris v. Poland.
27. Everest v. London Assurance Co.
28. Brown v. Royal Insurance Co.
29. Moore v. Evans.
30. Pandurang v. New India Life Insurance Co.
31. Union of India v. Swarn Singh and Others.

LEARNING OUTCOME:
32. Demonstrate knowledge of the legal and ethical aspects of insurance Law.
33. Discern and appreciate the importance of the impact of globalisation and diversity in modern
insurance based organisations.
34. Perceive how losses are measured and the various principles such as of indemnity,
contribution, subrogation, reinstatement etc that are applied in accessing insurance claims.
35. 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.

274
(a): INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS

HS40801: INTELLECTUAL PROPERTY ON TRADITIONAL

KNOWLEDGE AND GENETIC RESOURCES

Objectives of the Course:

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

Module I: Introduction to Traditional Knowledge

a) Meaning and Scope of traditional Knowledge – Interface between IP and traditional

Knowledge – Need and Significance of protection - Detailed analysis of traditional
knowledge and traditional cultural expressions
b) Cultural Property, Interface between Cultural Property and Intellectual Property,
Converting Cultural Property into Intellectual Property and Ownership Issues WIPO
Guidelines on Cultural Property-
c) Folklore - – Conceptual Analysis –International and National Perspectives.

Module II: International Protection of TK and Human Right Perspectives

a) International Development of Traditional Knowledge Protection – CBD – FAO

International Treaty on Plant Genetic Resources
b) Protection of Folklore/Cultural Expressions by UNESCO - Developments in WIPO
on Traditional Knowledge and Traditional Cultural Expression
c) Inter-relationship between IPR and Human Rights-An Overview of Art 17 (Right to
Property) and Art 27 (Right to participate in Cultural Life of the Community) of
UDHR and Art 15 (1) (To take part in Cultural Life) of ICESCR.

275
Module I11: Protection of TK in India

a) Positive Protection of TK under Indian Laws – Patents – Plant Variety and

Biodiversity – Geographical Indications Copyrights– Trade Secrets – Test data
protection.
b) Traditional Knowledge as Property -Nature of Property in Genetic Resources and
Associated Traditional Knowledge
c) Ownership in Traditional Knowledge: Nature and Elements of Ownership –
Exclusivity and Protection –Benefit Sharing.

Module IV: Documentation of Traditional Knowledge

a) Recognition and Documentation Recognition and Documentation of Traditional

Knowledge – Databases – Traditional Knowledge Digital Library “TKDL” -AYUSH
Systems of Medicines – Biodiversity Register.

Module V: Protection of Genetic Resources

a) Genetic Resources and Associated TK as Property – Nature of Property in GR and

Associated TK – Common Heritage of Mankind – CBD – Permanent Sovereignty
b) Ownership in GR & TK – Elements of Ownership – Exclusivity and Possession –
Nature of Ownership of GR and TK in CBD, Cartagena Protocol and Nagoya
Protocol (PIC & BS)
c) Patent on Genetically Modified Organisms, Patentability of GMOs,
d) Product of Nature Doctrine, Chakrabarty”s Legacy, Position in Different Countries,
US, UK, EC Directives and Position in India

Module VI: Benefit Sharing

a) Benefit Sharing – Different types of Benefits and Benefit Sharing

b) Beneficiaries – CBD, Nagoya Protocol and Indian Law- Bilateral vs. Multilateral
Benefit Sharing – CBD, Nagoya Protocol and ITPGRFA
c) Interface between IPR and GR and TK – TRIPS-CBD conflict and proposed
solutions

276
Module VII: Protection of Plant Genetic Resources and Farmers’ Right

a) Plant Genetic Resources- Common Heritage of Mankind-International Understanding

of Plant Genetic Resources for Food and Agriculture-UPOV Convention 1961, 1978
&1991 Text
b) Plant Varieties Protection-Distinctiveness, uniformity, stability and Novelty-
Farmer’s rights – GM Corps- International Treaty for Plant Genetic Resources for
Food and Agriculture 2001 -Benefit Sharing- Mutually Agreed Terms-Prior Informed
Consent- Access to Plant Genetic resources.

1. Christoph Belman and Graham Dutfield, Trading in Knowledge: development

Perspectives on TRIPS, Trade and Sustainability, Earthscan Publications Ltd. (2003)
2. Patricia Lucia Marin, Providing Protection for Plant Genetic Resources: Patents, Sui
Generis Systems and Bio-Partnerships, Kluwer Law International (2001)
3. Timothy M. Swanson (ed), Intellectual Property Rights and Biodiversity
Conservation: An Interdisciplinary Analysis of the Values of Medicinal Plants,
Cambridge University Press (1995)
4. Dr. N. S .Gopalakrishnan and Benoy K. Kadavan, Study on Test data Protection in
India, Eastern Book Company, Lucknow (2005)
5. Christoph Antons (ed.) Traditional Knowledge, Traditional Cultural Expressions and
Intellectual Property Law in the Asia Pacific Region, Kluwer Max Planck Series,
(2009)

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.

277
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
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.

278
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.

279
(b): CONSTITUTIONAL LAW AND PROPERTY LAW

HS40802: LAND LAWS OF TAMIL NADU

Objectives of the Course:

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

Module– I: Tamil Nadu Estate and Lease Holds Laws:

a. Estate, Inam Estate, Landholder, Principal Landholder, Settlement Officer, Under-tenure

Estate, Zamindari Estate – grant of Ryotwari pattas – protection of certain rights and
enforceability of certain obligation - determination, apportionment and payment of
Compensation – basic annual sum for Zamindari and Inam estates.

Module – II: Ceiling on Land Holdings:

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.

Module– III: Ownership rights on Apartments:

Definitions: Apartment- apartment owner- competent authority – ownership, heritability and
transferability of apartments - deeds of apartment and its registration - society or association
of apartment owners, its bye-laws and functions - common profits, common expenses and
other matters.

Module – IV: Town and Country Planning:

a. Definitions – constitution and incorporation of the Tamil Nadu town and country
planning authorities - constitution and incorporation of the metropolitan Development
authority for the Chennai metropolitan (CMDA) Planning area and special provisions
relating thereto - planning areas, planning authorities and plans - acquisition and
disposal of land - special provisions regarding new town development authority.
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:

280
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.

Module– VI: Rural Development:

Tamil Nadu District Municipalities Act, 1920

Town Panchayats- establishment, constitution and Government of district municipalities-

Requisitioning of Property for Election Purposes - Powers of Municipal Authorities In
Respect Of Property, Contracts and Establishment – property tax- building regulations –
building regulations in hill stations – nuisances: control over abandoned lands, untrimmed
hedges, etc – licenses and fees – Rules, by-laws and regulations.

Note: All the legislations includes the time to time amendments and rules

Statutory Materials:

1. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948
2. The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
3. TN Land Reforms Fixation of Ceiling on Land Act, 1961 [including amendments]
4. The TN Apartment Ownership Act, 1994
5. Tamil Nadu Town and Country Planning Act, 1971
6. Tamil Nadu Survey and boundaries Act, 1923
7. Tamil Nadu Patta Pass Book Act, 1986
8. Tamil Nadu Land Encroachment Act, 1905
9. Tamil Nadu protection of Tanks and Eviction of Encroachments Act, 2007
10. Tamil Nadu District Municipalities Act, 1920

Learning Outcome:

1. Students will be able to understand the local laws relating to land

2. They will be able to handle any civil cases relevant to land
3. Will be useful to learn procedure aspect in registration of land, obtaining patta,
chittaetc

281
(c): CRIMINAL LAW AND FORENSIC SCIENCE
HS40803: FORENSIC SCIENCE AND INVESTIGATION
Objectives of the Course:
Forensic science is a versatile and enormously powerful tool in the investigation of a
crime. Forensic investigation is vital to the mission of truth seeking, because the forensic
evidence does not lie. Forensic investigation provide an overview of the field of forensic
investigation whilst highlighting the interrelated principles and procedures of criminal
investigation Moreover gathering and examining forensic evidence is the only way to ensure
that false information is exposed, and ultimately kept from the gates of justice. The forensic
evidence, the forensic investigator, and the forensic examinations are all linked in the service
of these objectives. Forensic Science deals with the application of the knowledge and
methodology of various disciplines of science to legal matters. It involves the use of multiple
disciplines such as physics, chemistry, biology, computer science and engineering for
evidence analysis. The role of forensic science in criminal justice and the legal system is
highly commendable.

After undergoing the study the student will be able to understand the following:

 To emphasize the methods of securing, searching and documenting crime scenes.

 To emphasize the students the legal importance of chain of custody.
 To emphasize the tools and techniques for analysis of different types of crime scene
evidence.
 To emphasize the importance of forensic investigation in crime detection.

COURSE OUTLINE
Module I: Forensic Science and its Development
a) Crime- Criminal Investigation- forensic science-concepts-Scientific Criminal
Investigation- - Need and Scope of Forensic Science
b) Basic Principles of Forensic Science- Branches of Forensic Science- Forensic Science
in International Perspectives- Constitutional validity of forensic investigation- Quality
of Forensic Science in Criminal Investigation
c) Law of Forensic Science -Validity and Admissibility of Scientific Evidence- Forensic
investigation in Criminal Trials- Problem of Proof.
d) Tools of Forensic Science- Forensic Science Laboratories- Chemical Examiners
Laboratories-Document Examiners- Finger Print Bureau- Department of Explosives-
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.

282
Module II: Crime Scene Examination
a) Crime Investigation- Crime Scene- Its importance in Criminal Investigation-
Collection of Sample or Materials
b) Physical evidence- Classification of physical evidence- Types of physical evidences-
Sources of physical evidence
c) Signification and value of physical evidence- Linkage between Crime Scene, Victim
and Criminal-
d) Evaluation-Investigators Role- Surveillance- Sketching- Photography
e) Crime Detection Devices- Crime Scene Documentation.

Module III: Forensic Analysis of Sample - Techno Analysis of Crimes

a) DNA profiling- Finger prints-Tool Marks- Firearms- -Disputed Document- Narcotics-
Alcohol
b) Explosives- Voice Identification- Forensic Psychology
c) Narco analysis- Evidentiary value of Narco analysis- Brain Mapping- Polygraph
Analysis.
d) Digital and Electronic forensic Investigation-Software Piracy- Spectrographic
Forensic Identification- Artificial Intelligence
e) IRIS and fingerprint biometric authentication - CCTV footage- Forensic Audio and
Video Analysis.

Module IV: Forensic Medico Investigation

a) Identification of Individual- Forensic Psychology- Interrogation
b) Death Investigation- Causes of death- Determination of time since death- Medico-
legal aspects of death
c) Types and classification of injuries.
d) Ante mortem and Post mortem injuries- Aging of injuries- Investigation of sexual
offences –Toxic death
e) Medico-Legal Aspects in the Admissibility of Scientific Evidence

Module V: Expert Testimony

a) Expert- Role and Qualifications of Forensic Scientists- Code of conduct for Forensic
Scientists
b) Ethical issue in Forensic Science- Professional standards for practice of
Criminalities-
c) Sanction against Expert for Unethical Conduct- Value of Forensic Expert
d) Forensic Expert and Ordinary Expert Difference- Admissibility of Expert Opinion
e) Direct Evidence vs Circumstantial Evidence- Limits of Scientific influence.

283
Module VI: Relevancy, Admissibility and Probative Efficacy
a) Principles of Relevancy and Admissibility
b) Standard for Relevancy and Admissibility
c) Reliability and probative efficacy
d) Corroboration in admitting forensic evidence- Judicial Approach
e) Comparative Analysis.

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)

284
Further Readings:
Books:
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).

285
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-
 Identify and analyse a situation as constituting a crime, incident or transgression in
order to determine the resources that must be activated and the procedures that must
be followed.
 Differentiate the applied forensic methods used to evaluate various types of evidence.
 To disseminate information on the advancements in the field of forensic science.
 Evaluate the limitations of forensic techniques and interpretations. Define and
recognize the techniques of crime scene searches, courtroom demeanor, and criminal
investigation related to child abuse and sexual assault situations.

286
(d): INDUSTRIAL AND COMMERCIAL LAW

HS40804: SERVICE LAW

Objectives of the Course

“Government service is not a contract. It is a status”. Laws related to Public service in India
are governed by the Constitution. One of the basic features of Indian Constitution is the
separation of powers, i.e., the presence of three distinct pillars of state – Legislature,
Executive and Judiciary. The Constitution conceived and provided for Civil Services like the
All India Services and Central Civil Services which form an integral part of the Executive’s
machinery at the central and state level. Labour laws governing civil services are quite
distinct from general labour laws. The service conditions of the government servants are
regulated by the Constitution of India.

This course has been designed to:

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.

COURSE OUTLINE
MODULE I – HISTORICAL BACKGROUND OF CIVIL SERVICES LAW

(1) Origin and Concept.

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.

287
g) Early centuries of Arab rule and Governance.

(2) Evolution of Modern Service Law

a) British Civil Service.

b) Spoils system.
c) Max Weber’s Analysis on Public servants.
d) Organized Sector.
e) Covenanted Civil Service.
f) Regulating Act of 1773 - Pitt’s India Act 1784 - Aitchison Commission - Lee
Commission - Government of India Act 1935.
g) Civil Services in Independent India.
h) Modernising Civil Services in India.
i) A.D. Gorwala Report on Public Administration (1951).

MODULE II – PUBLIC SERVICE AND THE CONSTITUTION

a) Public employment and Constitutional Safeguards.

b) Fundamental Rights of Civil Servants.
c) Service conditions in Constitution.
d) Recruitment to Retirement.
e) Doctrine of Pleasure and Safeguards.
f) All India Service – State Civil Services – Union Public Service Commission – State
Public Service Commission

MODULE III – FUNDAMENTAL ASPECTS OF SERVICE

a) Pleasure Relates to Tenure and Not to Other Conditions of Service – Exceptions.

b) Security of Tenure in Public Interest.
c) Arbitrariness in State Action Violates Equality.
d) Other Fundamental Rights to Service.
e) Extent of Positive Discrimination.
f) Nature of Relationship Between State and its Servants.

MODULE IV – LAWS RELATING TO CIVIL SERVANTS

1. Laws Related to Administrative Services

a) Service Law – Classification, Recruitment and Training in AIS and CCS.

288
b) Division of Cadre and Management.
c) Disciplinary Proceedings.
d) Rules – Agencies – AIS Rules – CCS (CCA) Rules.
e) Lateral Entry Scheme in Civil Services – Advantages and Challenges.
f) Kothari Committee Report on Recruitment and Selection Methods.

2. Laws Related to Judicial Services

a) Officers and Servants of Supreme and High Courts – Subordinate Judiciary –

Collegium – Service conditions in Constitution.
b) Supreme and High Court Rules
c) All India Judicial Services – Avenues and Challenges – Constitutional Implication.
d) Reforms in Judicial Service

MODULE V – JUDICIAL APPROACH TO CIVIL SERVICES AND IMPACT OF

GLOBALIZATION ON BUREAUCRACY

1. Judicial Review in Service Matters

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.

2. Impact of Globalization on Indian Administration

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.

1. M.R. Mallick, Service Law in India (Eastern Law House, 2000).

289
2. N. Narayanan Nair, The Civil Servant under the Law and the Constitution of India,
Academy of Legal Publications (Academy of Legal Publications, 2006)
3. Sunil Chhabra, Administrative Tribunals (Deep and Deep Publications, 1990).
4. Kamlesh Goyal, “Indian Administration in the Age of Globalization: An Analysis of
Transformation from Governance to E-Governance”,(IJRECT 2016), available at:
http://ijrect.com/issues/vol3issue4/kamlesh.pdf.
5. Narender Kumar, “Law Relating to Government Servants and Management of
Disciplinary proceedings (Service Law)” (Allahabad Law Agency, 2018)

Journals:

1) Rameshwar Dial, “Civil Servants under the Constitution”, 2 JILI 481-508 (1960).
2) Om Prakash Motiwal, “Right of Equal Opportunity of Civil Servants”, 11 JILI 328-
343 (1969).
3) O.P.Motiwal, “Development of Legal Rights of Civil Servants in India”, 17 JILI 437-
445 (1975).
4) Sindhu Thulaseedharan, “Right to Public Services in India – A New Legal Scenario”,
55 JILI 59-72 (2013).
5) P.Leelakrishnan, “Reviewing Decisions of Administrative Tribunal: Paternalistic
Approach of the Indian Supreme Court and the need for Institutonal reforms”, 54 JILI
1-26 (2012).

1. Brinda and Sanjeev Muthuswamy, Swamy’s Compilation of CCS (CCA) Rules

(Swamy Publishers (P) Ltd., 2016).
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).

290
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:

1) C.Basavaraju, “Reservation under the Constitution of India: Issues and Perspectives”,

51 JILI 267-274 (2009).
2) PP.Rao and Ananth Padmanabhan, “Legislative Circumvention of Judicial
Restrictions on Reservations: Political Implications”, NLSIR 53-68 (2013).
3) P.Kalpakam, “Dispensing with Departmental Enquiry”, 28 JILI 246-248 (1986).
4) A.M.Sarma, “Domestic Enquiry”, 20 JILI 122-132 (1978).
5) V.KrishnaMurty, “Mr.Justice Gajendra Gadkar and the Law of Civil Servants”, 8 JILI
627-636 (1966).
6) S.N.Jain, “Validity of Retrospective Delegated Legislation- the Court develops a new
principle”, 23 JILI 102-104 (1981).
7) K.C.Joshi, “Service Tribunals under Administrative Tribunals Act”, 28 JILI 207-212
(1986).
8) Mohammed Imam, “Power to initiate and conduct disciplinary proceedings: (A
Comment on State of M.P. V. Shardul Singh)”, 12 JILI 170-176 (1970)

Cases for Guidance:

1. Dunn v. R, (1896) 1 QB 116

2. Mahesh v. State of U.P., AIR 1955 SC 70
3. Khem Chand v. Union of India, AIR 1958 SC 300
4. Union of India v. Tulsiram Patel, AIR 1985 SC 1416
5. Parshottam Lal Dhingra v. Union of India, AIR 1958 SC 36
6. State of Gujarat v. Umedhbai M. Patel, AIR 2001 SC 1109

291
7. Jatinder Kumar v. State of Punjab, (1985) 1 SCC 122
8. Bihar Public Service Commission v. S.J. Thakur, AIR 1994 SC 2466
9. R.T. Rangachari v. Secretary of State, AIR 1937 PC 27
10. L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
11. S.P. Sampath Kumar v. Union of India, 1987 SCR (3) 233
12. P. Balkotiah v. Union of India, AIR 1958 SC 232
13. K. Rajendran v. State of Tamil Nadu, AIR 1982 SC 1107

Learning Outcome:

Upon completing this course, the student will be able to:

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.

292
HCC0802: 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.

This course has been designed to:

1. Give students insightful knowledge about this emerging area.
2. Help the students to understand practically the various methods of resolving disputes
under ADR system, so that they can help their clients and society to select and employ
the most effective and just methods.
3. Theyget the ability to resolve disputes in a timely manner eviscerates public and
private rights obligations.
4. To overcome this drastic situation ADR is highly recommended and accepted.

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

Module II: Arbitration Agreement and Procedure

a) Agreement based and Court annexed ADR processes - Arbitration and Conciliation
Act 1996and Amendments in 2015 and 2019
b) Arbitrability and Non-Arbitrability of Disputes – Interim Measures by Court and
Arbitral Tribunal
c) Arbitration Agreement/Clause – Arbitration Procedure– Arbitration& Mediation
Process – MED-ARB-MED - Decision/Award/Settlement

Module III: International Commercial Arbitration

a) Geneva Convention on Enforcement of Foreign Arbitral Awards

b) New York Convention on Enforcement of Foreign Arbitral Awar
c) New Delhi International Arbitration Centre Ordinance Role of Courts in Arbitration

293
Module IV:Negotiations and Conciliations
a) Meaning, features, theories and types of Negotiations and Conciliations
b) Appointment, Role and qualities of Negotiator and Conciliator
c) Process of Negotiations and Conciliations.

Module V: Mediation and Procedure

a) Meaning, Definition, theories and techniques of mediation, Court-annexed mediation
b) Mediation process - Skills of a mediator Institutionalized mediation - Specialization
sectors for mediation practice in India and Globally Models
c) Drafting in Mediation – International
d) Mediation and Singapore Convention

Module VI: Contemporary Trends

a) Emerging Trends – Institutional Arbitrations - Online Dispute Resolution
b) Dispute Resolution – Sector Specific ADR

Marks Allocation

Case Study in Arbitration Centre

Marks
(Practical / Simulation Exercise –Three 30
Exercise 10 Marks each)
Test internal Marks 10

Visit to centres of Arbitration 10

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.
 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.
 Anapplicationtotheappropriatecourttoappointanarbitratorwhenpartieshavefailed in
their attempt to appoint one according to the arbitrationagreement.

294
 Anapplicationtothecourtseekinginteriminjunctionorappointmentofreceiverbefore
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

b) Case study Practical/ Simulation Exercise:

 Drafting the Statement of Problems

 A request by one party to other party requesting that their commercial dispute be
referred to Arbitrators
 Identification of both the party’s problems
 Bargaining, and finally settlement
 An application to the court for setting aside the settlement
 An application to the appropriate court to appoint Arbitrator when parties have failed
in their attempt to appoint one according to the agreement.
 An application to the court seeking interim injunction or appointment of receiver
before the Arbitration have begun
 An interpretation among rules of various Institutional Arbitrations at theregional or
International Arbitration centres.
 An application for enforcement of a settlement or arbitration awards

c) Visit to centers of Arbitration: Students shall visit, Arbitration office as observers,

Follow the cases, study the Arbitration proceedings and submit a report of the visit to the
teacher/faculty.

Recommended Readings:
Books:
1. Madhusudan Saharay, Text Book on Arbitration & Conciliation with Alternative
2. Dispute Resolution, 4th ed., Universal Law Publishing 2017.
3. N. V. Paranjpe, Law Relating to Arbitration and Conciliation in India, 7th ed.,
CentralLaw Agency, 2016.
4. Avtar Singh, Law of Arbitration and Conciliation, 10th ed., Lucknow 2013
5. Malika Taly, Introduction to Arbitration, Eastern book Company, 2015

295
Further Reading:
1. Vishnu Warrier, Arbitration, Conciliation and Mediation, Lexis Nexis, 2015
2. K.V. Satyanarayana, Law of Arbitration and Conciliation in India, Asia Law
House,2017
3. Anirban Chakraborty, Law and Practice of Alternative Disputes Resolution in
India,Lexis Nexis, 2016
4. Ashwinie Kumar Bansal, Abritration and ADR, 5th ed, Universal law
Publication2016
5. ShriramPanchu, Mediation Practice and Law- the Path to successful
DisputeResolution 2nd ed, Lexis Nexis 2015
6. Anuroom Omkar and Kritika Krishnamurthy, the Art of Negotiations and
Mediation,Lexis Nexis 2015.

Learning Out Come:

After completion of the course students will be able to –Appreciation of the social
relevance of ADR Mechanism
1. Understanding of the theoretical models of dispute resolution and capacity toanalyse
their operation in both legal and social context
2. Development of basic mediation skills, including communication, analysis andissue
identification
3. Sophisticated understanding of the ethical and legal ethical issues surroundingdispute
resolution models and practice
4. Prepare and present an engaging informative presentation on a chosen area ofADR
that expands upon the core themes of the course.

296
FIFTH YEAR

IX-SEMESTER

HLC0920: CODE OF CIVIL PROCEDURE

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

The objective of the study of this subject is to provide the Students

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.

v. To understand the computation of limitation period for the Institution of suit, appeal and
applications along with Exclusion.

COURSE OUTLINE

MODULE – I: Introduction to Civil Procedure Code

a)Genesis of civil procedure in India before the advent of British rule

b)Features of the Civil Procedure Code-Extent, its application, Definitions

c)Types of procedures-Inquisitorial and Adversarial, Difference between Substantive law and

Procedural law

d)Importance of Amendments in The Code of Civil Procedure

297
MODULE –II: Jurisdiction of The Courts

a)Meaning of Jurisdiction, Kinds of Jurisdiction-Pecuniary, Territorial, Jurisdiction as to

subject matter, original and appellate jurisdiction

b)Jurisdiction of the civil courts over commercial disputes with special reference to The
Commercial Courts Act 2015

c)Jurisdiction of the civil courts over IPR infringement and passing off action(Trademark,
Copyright, Patent etc)

d) Suits of civil nature- Place of suing, Res SubJudice, Res Judicata, Applicability of the
ResJudicata on Right to information- Difference between Res Judicata and estoppel, Foreign
Judgment, Finality of Foreign Judgment-Presumption as to Foreign Judgment.

MODULE –III: Pleadings and Summons

a)Meaning of pleadings generally, Plaint-Material Facts

b)Traditional and the latest electronic trends involved in the filing of civil suits, summons and
e-vakalatnama

c)Presumptions of law, Striking out, Amendment of Pleadings, Rejection of plaint, Written

statement, Showing of defendant’s interest and liability, Grounds of limitation

d) Set off-Counter claim - Misjoinder and Non-joinder of Parties.

MODULE –IV: Appearance and Examination of Parties

a)Appearance of parties to the proceedings and consequences of their non appearance

b)Discovery, Inspection and production of documents, Framing of issues, Admission,

Affidavit, Adjournment

c)Death, marriage and Insolvency of the parties

d)Withdrawal and compromise of suits, cost and interest.

298
MODULE –V: Orders, Judgment, Decrees, Execution and Appeals

a)Meaning of interim order, Appointment of Receiver, Commissioner, Injunction, Remand,

Restitution, Transfer of suit, Caveat-Arrest before judgment, Attachment before judgment

b)The concept of Judgment and Decree, Difference between order and decree

c) The Concept of Execution, General principles of Execution, Questions to be determined by

the executing court, Precept, Garnishee order, Procedure for Execution, Enforcement and
Sale.

d) Appeals from original decrees, First appeal, Second appeal, Appeals from orders, Appeals
to Supreme court, Reference, Review, Revision and Inherent powers of court.

MODULE –VI : Suits in particular cases

a)Suit by or against Government

b)Suits by Alien, Suits by or against Foreign rulers, Ambassadors

c)Suits relating to public matters, Incident and supplementary procedures

d)Suits by (or) against minors, persons with unsound mind, indigent person, Interpleader
Suits

MODULE–VII: Overview of The Limitation Law

a)Scope, purpose and object of the Limitation Act

b)Powers of the courts to condone delay, sufficient cause, legal disability, subsequent
disability

c)Computation of period of limitation, Fraud or mistake in computation of limitation,

Appeals

d)Meaning of Acknowledgement-Acknowledgment of liability in writing, Acknowledgment

by part payment, Acknowledgment or payment made by another person, Acquisition of
ownership by possession.

299
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:
1) DinshawFardauzi 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 (3 rd 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

E-JOURNALS WITH RESEARCH ARTICLES AND WEBSITE SOURCES

1. Doctrine of Res Sub-Judice-http://lawtimesjournal.in/doctrine-of-res-sub-judice/

2. Res Judicata And Right to Information-
https://cic.gov.in/sites/default/files/Res%20Judicata%20and%20RTI%20by%20Avni%20
Tiwari.pdf
3. India: Changing face of serving Summons: From Post to What’s App-
https://www.lexology.com/library/detail.aspx?g=f9a5830e-239b-4f84-89f6-
8addd782f069

300
4. WORKSHOP FOR HIGH COURT JUSTICES ON INTELLECTUAL PROPERTY
RIGHTS AT THE NATIONAL JUDICIAL ACADEMY 2 nd& 3rd November, 2019
Jurisdictional Issues in Trademark, Copyright & Patent Disputes-
http://www.nja.nic.in/Concluded_Programmes/2019-20/P-1186_PPTs/6.Session-
III%20IPR.pdf
5. Commission of examination of witnesses-http://lawtimesjournal.in/commission-of-
examination-of-witnesses/
6. Enforcement of Foreign Judgments And Decrees In India,Jonathan Jose and Shruti
Mania-https://www.mondaq.com/india/Litigation-Mediation-
Arbitration/434962/Enforcement-Of-Foreign-Judgments-And-Decrees-In-India
7. Suits by indigent persons & Interpleader suits-http://lawtimesjournal.in/suits-by-indigent-
persons-interpleader-suits/
8. Critical analysis of Provision for 'Cost' under civil procedure code, 1908,Saurabh
KumarNational Law Institute
Universityhttps://www.researchgate.net/publication/332342958_Critical_analysis_of_Pro
vision_for_'Cost'_under_civil_procedure_code_1908
9. Process of Trial of Civil Cases/Suits In India,Vijay Pal Dalmia
https://www.mondaq.com/india/Litigation-Mediation-Arbitration/654652/Process-Of-
Trial-Of-Civil-CasesSuits-In-India
10. Suits With Basic Relief Of Challenging Decree Passed By DRT Not Maintainable:
Supreme Court- https://www.livelaw.in/top-stories/suits-challenging-decree-passed-by-
drt-not-maintainable-153292

Cases for Guidance:

1. A.N. Kumar vs ArulmighuArunachaleswara Devasthanam Thiruvannamalai and Ors
And A.N. Kumar vs ArulmighuArunachaleswara Devasthanam Thiruvannamalai
2011 -2- L.W. 1 12
2. Amar Kumar Jha vs. CPIO, RTI Cell and Ors, CIC/IARMY/A/2017/189009/SD
3. Anser Bi vs Sherfunissa Begum Sahiba Mosque Wakf, rep. by its Secretary Fasiuddin
and Ors (2011) 3 MLJ 44 14
4. C.S. Mani (deceased) by LR C.S. Dhanapalan Vs B. Chinnasamy Naidu (deceased)
by LRs. (2011) 3 MLJ 506 (SC)
5. Essar Constructions Vs N. P. Rama Krishna Reddy [(2000) 6 SCC 94)

301
6. Anuradha Bhasin vs Union Of India Writ Petition (Civil) No. 1031 Of 2019
7. Board of Revenue Vs M/S Raj Brothers Agencies etc.,1973 (3) SCR 492
8. Deb Ratan Biswas and Ors vs Most. And Moyi Devi &Ors 2011 (4) SCALE 656
9. Gayathri Womens Welfare Association vs Gowramma&Anr 2011 2 – L.W. 481
10. Balkrishna Chatrabhuj Thacker v. Devabai, AIR 1985 Guj. 133.
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

After learning the subject, the students shall be able

1. To achieve a complete grasp and understanding of the general principles of Civil

Procedure and gain a mastery over the subject.
2. To accumulate a thorough explanation on all the essential aspects of civil procedure
and practice, right from the inception of a civil suit until its finality, with reference to
limitation laws.
3. To gain knowledge on the latest trends involved in the electronic filing of civil suits
including e-vakalatnama.
4. To understand about the latest amendments incorporated along with its effects.
5. To train themselves as future advocates in civil side practice.

302
HLC0921: LAW OF CRIMES -II
CODE OF CRIMINAL PROCEDURE 1973 (Including Juvenile Justice
Act and The Probation of Offenders Act)
Objectives of the Course:
This course is aimed to equip the students to understand the various criminal procedures of
investigation, arrest, bail, charges, trial proceedings, sentencing process etc. The Principle
of Natural Justice is sine qua non in proper implementation of CrPC. Though the objectives
of maintenance are to provide monetary sanction, it is been included in the Criminal
Procedure for the achievement of social welfare measures.The Juvenile Justice (Care and
Protection of Children) Act, 2015 discuss about the need for reformation and rehabilitation
of Child in Conflict with Law and Child in need of care and protection, the statutory bodies,
the reformatory mechanism etc. The Probation of Offenders Act, 1958 discuss about the
correctional process of offenders.

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.
Module II: Investigation:
(a) Pre-Investigation and Investigation procedures
a. FIR – Investigation
b. Search and Seizure
c. Summons and Warrants
d. Arrest
e. Recording Statement of Witnesses and accused
f. Case Diary and General Diary
g. Final Report
h. Inquest and Investigation on unnatural death and dowry death
i. Concept of bail
j. Types of Bail – Bail by Court of Sessions and High Court – Anticipatory Bail –
Appeal Bail – Bail Bonds – Sureties and Securities.
(b) Post Investigation Procedures:
a. Limitation in taking cognizance
b. Taking cognizance of case
c. Dismissal of Complaint
d. Local Jurisdiction of the Courts
e. Commencement of Proceedings - Supply of copies of documents

303
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.

Module III: Trial Procedure:

a. Common features of Trial - Fair Trial Principles
b. Types of Trial – Trial of Warrant cases before the Court of Sessions – Trail of
Warrant cases before the Magistrate
c. Opening of case – Discharge – Framing of Charges – Pleading Guilty – Prosecution
Witness – Examination of Accused – Defence Witness – Arguments – Previous
conviction and acquittal.
d. Summons Trial
e. Summary Trial
f. Disposal of cases without full trial
g. Judgement
h. Compensation
i. Plea bargaining.

Module IV: Execution, Suspensionof Sentences & Appellate Jurisdiction:

a. Execution of Death Sentence – Postponement of execution of death sentence
b. Execution of Life imprisonment
c. Suspension of Sentence
d. Remission of Sentence
e. Commutation of Sentence
f. Types of Appeal – Procedure for Appeal – Powers of Appellate Court
g. Reference to High Court
h. Revision – Call for records from lower Court – Power of High Court and Court of
Session on Revision
i. Transfer of cases

Module V: Preventive Measures and Security Proceedings:

a. Preventive actions of police
b. Security Proceedings
c. Dispersal of Unlawful Assemblies
d. Removal of Public Nuisance – Urgent cases of apprehend danger or nuisance
e. Disputes as to Immovable Property.

Module VI: Common Provisions of maintenance – Social welfare measures

a. Objective of maintenance procedures
b. Invoking of Social Welfare Measures

304
c. Persons entitled to claim maintenance
d. Persons liable to pay maintenance
e. Jurisdiction – Order of maintenance and enforcement
f. Alteration to maintenance
g. Cancellation of maintenance order.
Module VII: The Juvenile Justice Act, 2015& Probation of Offenders Act, 1958
a. Objective of the Act – Definitions
b. Statutory bodies
c. Reformatory institutions – Powers and functions of Juvenile Justice Board
d. Orders may be and may not be passed against Juvenile
e. Heinous Crime – Children Court
f. Child in need of Care and Protection
g. Powers and functions of Child welfare Committee
h. Reformatory homes
i. Rehabilitation Process - Adoption, Foster care
j. Offences against children and penalties – State Rules
k. Probation of Offenders Act - Objective of the Act
l. Procedural Law and Probation
m. Conditions to release on Probation – Powers of Magistrate Court
n. Role of Probation of Officers – Validity of Report of Probation Officers
o. Condition and relaxation of Probation Conditions.

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.

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,

305
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:

1. Criminal Law Manual, 2017, Universal Publications

2. Aiyer, Mitter, Law of Bails – Practice and Procedure, Law Publishers (India) Pvt Ltd,
2016.
3. P.V. Majumdar, Law of Bail, Bonds and Arrest, Orient Publications, 2015.
4. Justice P.S. Narayana, Code of Criminal Procedure, ALT Publications, 2015.
5. Basu N.D, Code of Criminal Procedure, Ashoka Law House, Delhi, 2004.
6. Sprack John, Practical Approach to Criminal Procedure, Oxford University Press,
2015.
7. Bare Acts: (i) Code of Criminal Procedure, 1973.
i. (ii) Criminal Law Amendment Act, 2013.
ii. (iii) Juvenile Justice (Care and Protection of Children), Act 2015
iii. (iv) The Probation of Offenders Act, 1958.
Law Commissions Report relating to Amendment:
8. Report Numbers: 14, 32 & 33, 36 & 37, 41, 48, 73, 102, 132, 154, 200, 203, 212, 233,
237, 268 – Reports Relating to modifications in CrPC.
9. Justice Verma Commission Report on Amendment of Criminal Law.

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

306
Case for Guidance:

1. Khatri (2) v. State of Bihar, (1981) 1 SCC 627

2. Joginder Kumar v. State of U.P. (1994) 4 SCC 260
3. D.K. Basu v. State of West Bengal (1997) 6 SCC 642
4. Christian Community Welfare Council v. State of Maharashtra 1995 CrLJ 4223
(Bom)
5. Husainara Khatoon (4) v. State of Bihar, (1980) 1 SCC 98
6. Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012) 9 SCC 1
7. Sheela Barse v. State of Maharashtra (1983) 2 SCC 96
8. Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1
9. NandhiniSatpathy v. P.L. Dhani (1978) 2 SCC 424
10. Jagan Mohan Reddy v. CBI (2013) 3 SCC Crl 552
11. R. Rathinam v. State (2000) 2 SCC 391
12. Zahira Habibulla Sheikh (5) v. State of Gujarat (2006) 3 SCC 374
13. Mohd. Shahabuddin v. State of Bihar (2010) 4 SCC 653
14. K. Anbazhagan Raju v. Supt of Police 2004 SCC CrLJ 882
15. Bachan Singh v. State of Punjab (1980) 2 SCC 684

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.

2. Familiar with the procedures of arrest, bail, trial and judgement.

3. Understand the Appeal, Revision proceduresunder criminal jurisdiction.

4. Understand and analyse the procedure for claiming maintenance and Probation Laws.

307
HLA0905: BANKING LAW

Objectives of the Course:

Banking Institutions have become important players in the present day economy. They
play pivotal role in the growth of trade, commerce and industry. Several policy initiatives and
legislative amendments have changed the role of Banks from being mere economic
institutions in to agents of social change. Appreciating the importance, the Government has
enacted several enactments to direct, regulate and control the banks and banking operations,
through Reserve Bank of India and Ministry of Finance. The course is designed to primarily
acquaint the students with operational parameters of banking law, and to teach the general
principles of banking law and to develop appreciative faculties of the students in statutory as
will as well as case – law in this area.
After undergoing the study of this subject the student should be able to understand the
following;
1. The basic concepts related to banks in India and its related terminologies
2. The nature and evolution of banking in India and also the types of banking in India
3. The procedural aspects and the way of performance of banking sector in India
4. The meaning, nature and various issues pertaining to Negotiable Instruments Act
5. The changing dimensions of Banker customer relationship
6. The recent changes in the Banking sector after globalization.

COURSE OUTLINE
Module I – 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 .

Module II – Nature and evolution of Banking

a) Origin and Evolution of Banking Institutions in India
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

308
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 III- 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

Module IV- Negotiable Instruments

a) Law relating to Negotiable Instruments, 1881 Act (Read with the amended Act of
2002) – Definition, Characteristics and categories of Negotiable Instruments –
Promissory Note – Bill of Exchange – cheques – Difference between them – kinds of
Bills, Hundis, Letteres of Credit - Parties to Negotiable Instruments.
b) Rights of Holder and Holder in Due Course against Banker – Capacity of Parties -
Presentation – types of Acceptance – effects of non – presentation - Negotiation -
Assignment– Endorsement- Discharge of Instruments – Modes of discharge - Material
alteration – Dishonour of a Bill of Exchange – Modes of Dishonour – Notice of
Dishonour – Effects of Dishonour - Noting and protest – Compensation – Acceptance
for Honour – Payment for Honour – Drawee in case of need.
c) Liability of various parties; Drawer, Maker, Drawee, Endorser, Liability for
unjustified Dishonour – Banker justified in refusing payments on a cheque – Liability
of transfer by delivery – Liability under Accommodation Bills – Liability on Foreign
Instruments – Presumptions in favour of Negotiable Instruments - Various Kinds of

309
Crossing – Effect of crossing a Cheque – Liability of parties – Payment in due course
– Special rules of evidence – Paying banker and collecting banker - Penal provisions
under NI Act - Civil and Criminal Liability for Dishonour of cheques under Section
138 to Section 142 of the Amended Negotiable Instruments Act –Banker’s book
evidence Act.

Module V– Relationship between Banker and Customer & Statutory Rights of a

Banker

a) Banker and customer Relationship - Definition of banker and customer – General

relationship – Special relationship .

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.

c) Dishonor of Cheque by a Paying Banker - Statutory protection to collecting banker. ,

Cheque book, Pass book, Individual Account, Joint Account.Opening of New Accounts
– Special types of customers.

Module VI– Modern Banking and Globalization of Banking Sector

a) E-Banking - Definition – E-Banking includes - Internet banking, mobile banking, ATM

banking, computerized banking – Clearing System – RTGS – NEFT – IFSC – ATM –
CBS – CTS – E- banking services – retail services – wholesale services – E- Cheque-
authentication.

b) Cyber Crime and Banking Frauds – Cyber Evidence .

c) Globalization of Banks – Banks as Investors – Banks and Mutual Fund – Banks in

Stock Exchange – QIB – FII – FDI – International Banking Management – Forex
Market – Legal Disputes and Settlement thereof.

310
Recommended Readings

Prescribed Books:

1. M. L. Tannan- Law of Banking.

2. M. S. Parthasarathy (Ed.), Khergamvala - Negotiable Instruments Act.

3. Justice Bhaghabati Prasad Banerjee- Guide to Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002.

4. Avtar Singh – Negotiable Instruments Act.

5. Basu - Review of Current Banking: Theory and Practice. Paget- Law of Banking.

Journals with Articles :

1. Ankieth Vasisht, "Fundamental Principles of Cheque under the Banking

Legislation",http://lawtimesjournal.in/fundamental-principles-of-cheque-under-the-
banking-legislation/

2. ICSI, "Banking Law and

Practice",https://www.icsi.edu/media/webmodules/publications/9.1%20Banking%2
0Law%20-Professional.pdf

3. Law Times Journal, "Objectives and Organizational Structure of

RBI",http://lawtimesjournal.in/objectives-and-organizational-structure-of-reserve-
bank-of-india/

4. Shivani Sethi, "Central Banking Institution and RegulatoryFramework",

http://lawtimesjournal.in/central-banking-institution-and-regulatory-framework/

5. S.Gopalan and Ramkishen, ‗Financial Sector De-Regulation in Emerging Asia: Focus

on Foreign Bank Entry‘ 11 Journal of World Investment and Trade 91(2010)

Further Readings:
Books:

1. M.L.Tannan,, C.R. Datta & S.K. Kataria revised by - Banking Law and Practice,
Wadhwa & Company, Nagpur

2. A.B. Srivastava and Elumalai - Seth’s Banking Law, Law Publisher’s India (P)
Limited K.

3. R.K. Gupta : BANKING Law and Practice in 3 Vols.Modern Law Publications.

4. Prof. Clifford Gomez - Banking and Finance - Theory, Law and Practice, PHI
Learning Private Limited

311
5. J.M. Holden - The Law and Practice of Banking, Universal Law Publishing.

6. Legal and Regulatory Aspects of Banking - JAIIB (3rd Edition) January 2015,
published by Indian Institute of Banking and Finance

7. R.N.Chaudhary – Banking Law, Central Law Publication,India,January 2016.

8. Khergamvala on the Negotiable Instruments Act – As Amended by the Negotiable

Instruments (Amendment) Act, 2015

9. Supreme Court on Banking Law by S N Gupta, Universal Law Publishing an

imprint of LexisNexis,6th Edition

10. CIRP & Liquidation A Comprehensive Commentary As per Insolvency and

Bankruptcy Code 2016 by SoumitraLahiri, Wolters Kluwer.

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)

3. Journal of Internet Banking and Commerce,India

4. Interdisciplinary Journal of Contemporary Research In Business

5. International Journal of Economics and financial issues

6. Journal of Internet Banking and Commerce

7. IOSR Journal of Economics and Finance

8. International Journal of Business & Information Technology

9. Harward Business Review on Corporate Governance.

10. Journal of Computer and Internet Security

Cases for Guidance:

1. A.V.Murthy vs B.S Nagabajavanna ((2002) 2 SCC 642)

2. All India Bank Officers’ Confederation vs Union of India, (1989) 4 SCC 90

3. Allahabad Bank vs Canara Bank AIR 2000 SC 1535

4. Ashok YeshwantBadeve vs Surendra MadhavraoNighojakar (2001)3 SCC 726

312
5. Australia and New Zealand Bank vs Ateliers de Constructions Electriques de
Cherleroi [1967] 1 AC 86 PC

6. Bank of Bihar vs Mahabir Lal (AIR 1964 Supreme Court 397)

7. Bank of India vs Vijay Ramniklal AIR 1997 Guj.75

8. Bank of Maharashtra vs M/s Automotive Engineering Co. (1993) 2 SCC 97.

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 Out Comes:

After undergoing this course you will be able to :

1. Understand the banking system and their regulations.

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.

4. Understand the different aspects of Banker customer relationship.

5. Ascertain the various issues and challenges pertaining to Modern Banking and
related technology

313
(a): INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
HS50901: PRIVATE INTERNATIONAL LAW
(CONFLICT OF LAWS)

Objectives of the Course:

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 – I: Genesis of Private International Law

(a) Introduction – Nature and Scope – Relationship between International Commercial

Law, Public International Law and Private International Law – Foreign Element –
Operating areas – Extra Territorial Jurisdiction
(b) Theories of Private International Law – Codification of Private International Law –
Hague Conventions – UNCITRAL – International Institute for the Unification of
Private Law (UNIDROIT)
(c) Indian Scenario: Unitary and Federal features – Heterogeneous Society and Personal
Laws – Conflicts in Personal Laws – Application of Customs and Usages –
Expanding horizons of Private International Law.

Module – II: Choice of Law and its Jurisdiction, Characterisation and Renvoi

(a) Choice of Law: Traditional and Modern Approaches – Substantial and Procedural
aspects – Parties autonomy and their limitations
(b) Jurisdiction of the Courts – Inherent Powers of the Court – Brussels Convention,
Lugano Convention - Characterisation: Clearly inappropriate test, clearly appropriate
test and traditional test
(c) Doctrine of Renvoi and its kinds – Limitations.

Module – III: Conflict of Laws relating to Persons:

(a) Residence: Domicile and its Nature and Status – lexdomicilii, lexfori, 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

314
Module – IV: Conflict of Laws relating to Family:

(a) Personal laws - Marriage – Formalities - Validity of Marriage – lex loci celebrationis
and lexregitactum – Polygamous marriages – Matrimonial Home
(b) Conflict in Matrimonial regime: Divorces, Separations and Annulments –
Matrimonial Causes and Alimony – Custody of Children – Child care, Child
abduction and Child Adoption – Succession – Overview of “The Foreign Marriage
Act, 1969”
(c) Public Policy and Contemporary issues related to Surrogacy, NRI and LGBT.

Module – V: Conflict of Laws related to Contracts and Torts (Action in Personam)

(a) Proper Law of Contract – Capacity to Contract – lexdomicilii, lex loci contractus,
lexfori – 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 – lexfori, 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.

Module – VI: Conflict of Laws related to Property

(a) Lex situs principle and Property – Classification of Property – Movable and
Immovable
(b) Choice of law and Indian scenario – lexfori and lexsolutionis – 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.

Module – VII: Conflict of laws related to Procedure and Evidence

(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.

1. Cheshire and North, “Private International Law”, 2017, 15 th Edition, Oxford

2. Clarkson and Hill’s “Conflict of Laws”, 2016, Oxford.
3. Dicey, Morris & Collins, “The Conflict of Laws”, 2107, 15 th 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.

315
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.

E-JOURNALS with ARTICLES and WEBSITE sources

1. Hessel E. Yntema, “The Objectives of Private International Law”@ 35

Can.B.Rev.721(1957)
2. Joseph M. Cormack, “Renvoi, Characterisation, Localisation and Preliminary Questions
in the Conflict of Laws: A Study of Problems involved in determining whether or not the
Forum should follow its own Choice of a Conflict of Law Principle”, 14 Southern
California Law Review, 1940, pp.221-275 @
http://scholarship.law.wm.edu/facpubs/1490
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&id=&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:

After completing these modules successfully, the students are able –

1. To demonstrate the conceptual necessity, contextual inevitability and the legal
adaptability of trans-national transactions.

316
2. To critically appraise the compelling influence of different personal factors over beyond
the boundaries transactions.
3. To know the worn-out deliberation on the most crucial aspect affecting the frontier
activities.
4. To discuss the desirability and effectiveness of sovereign immunity and impact of
foreign judgments.
5. To analyse and comprehend the complex issues arising out of trans-national matrimonial
relationships; horizons of contract, tort, and property beyond domestic frontiers.
6. To demonstrate knowledge of a substantial range of major concepts, values, principles
and rules of conflict of laws and explain the relationship between them in specified
areas.
7. To discover the substantive and procedural aspects of litigation at the global levels.

*****

317
(B): CONSTITUTIONAL LAW AND PROPERTY LAW
HS50902: LEGAL PROCESS AND LOCAL GOVERNANCE
Objectives of the course:
Constitution of India empowers the State to take steps to organise village Panchayats and
endow the powers/authorities so as to enable them to function as units of self-government. In
order to realise the objectives of Gram Swaraj, the idea cherished by Mahatma Gandhi,
Constitutional Amendment has been passed to ensure democratic functioning at the grass root
level and gave Constitutional Status to the Panchayat Raj. Students will be benefitted from
deeper understanding of the subject on democratic decentralization.
After undergoing the study of this course the student should be able to understand the
following:
1. Able to Understand the historical development and growth of Panchayat Raj in India.
2. Identify the Constitutional scheme for setting up of Panchayat Raj Institutions in
various levels.
3. Able to analyse the modern dimensions with the role of various stakeholders.

COURSE OUTLINE:
Module I: Introduction and Historical Development
a) Meaning and genesis of democratic decentralization.
b) History, growth and development of Panchayat Raj in India.
c) Lord Rippon’s resolution, Royal Commission, Balwant Rai Mehta Committee Report,
Ashok Mehta Committee Report.
d) Gram Swaraj- Gandhian concept- Community Development Programme-
Administrative framework.

Module II: Constitutional Scheme

a) Federalism in India and Local Self Government.
b) Directive Principles of State Policy- Art. 40.
c) 73rd and 74th Constitutional Amendment, Schedules XI and XII of the Constitution.
d) Second Administrative Reforms Commission, Sarkaria Commission, Punchi
Commission, Justice Venkatachaliah Commission- Local Government.

Module III: Rural Local Self Government

a) Gram Sabha- Meaning, importance, functions, meetings, Social Audit, Nyaya
Panchayat.
b) Gram Panchayat- Introduction, Composition, functions- Taluk/Block Panchayat-
Introduction, Composition, functions, Chairman- Powers and functions.
c) Zilla Panchayat- Introduction, Composition and functions.
d) Financial administration- Devolution of financial powers, Composition of State
Finance Commission.
e) State Control over PRIs.

318
Module IV: Urban Local Self Government
a) Municipal Corporation- Organisation and Functions.
b) Municipal Council; Mayor-functions and powers;
c) Committees - Wards Committees, District Planning Committee, Metropolitan
Planning Committee.
d) Municipal Commissioner- appointment, tenure, powers and functions - Municipal
Finance - State Control and Supervision.

Module V: Panchayat Raj Institution

a) Planning for rural development- Planning machinery at the National and State Levels.
b) Role of Panchayat Raj Institutions in Planning- Panchayat Raj and Rural
Development.

Module VI: Modern Dimensions

a) Panchayats and NGOs.
b) Food Security Act, MGNREGA.
c) Panchayats Raj in Tribal Sub- Plan Areas.
d) Right to Information and Panchayat Raj.
e) Women Empowerment implementations.
f) Reservation Policy in Local Government- Social (SC, ST)- Women Reservation-
Horizontal and Vertical Reservation.

Recommended Readings:
Books:
1. Dicey, Introduction to the Law of the Constitution, OxforUniverty Press.
2. De Smith, Judicial Review of Administrative Action (1995).
3. Khanna, B.S: Panchayati Raj in India- National Perspectives and State Studies, Deep
and Deep Publication, New Delhi, 1994.
4. M. Venketarangaiya& M. Pattabhiram, Local Government in India (1969), Allied
Publishers, New Delhi.
5. Maheshwari, S.R., State Governments in India. New Delhi: Macmillan(2000).

Journals/Journal Articles:
1. Srivastava, T. N. “Local 'Self' Government and the Constitution.” Economic and
Political Weekly, vol. 37, no. 30, 2002, pp. 3190–3198. JSTOR,
www.jstor.org/stable/4412421.
2. Mohanty, P.K. 1995. Municipal Decentralization and Governance: Autonomy,
Accountability and Participation. The Indian Journal of Public Administration.
3. Mallik, S. N. “Local Self-Government in India.” The Annals of the American
Academy of Political and Social Science, vol. 145, 1929, pp.36–44. JSTOR,
www.jstor.org/stable/1016884.
4. Pal, M. 2000. Panchayats in Fifth Scheduled Areas. Economic and Political Weekly.
pp. 4791–4810.

319
5. Venkatarangaiya, M. “THE REORGANISATION OF LOCAL SELF-
GOVERNMENT.” The Indian Journal of Political Science, vol. 1, no. 2, 1939, pp.
143–154. JSTOR, www.jstor.org/stable/42742927.
6. V.R.KrishnaIyer,“Panchayati Perestroika?” Economic and Political Weekly, vol. 24,
no. 37, 1989, pp. 2051–2054. JSTOR, www.jstor.org/stable/4395322.

Further Readings:
Books:
1. Friedman, The State and the Rule of Law in the Mixed Economy.
2. Ivor Jennings, Law and the Constitution.
3. Joshi, R.P., Narwani, G.S., Panchayat Raj in India: Emerging Trends across the States
(Rawat Publication), Hyderabad, 2011.
4. Neville L. Brown and J.F. Garner, French Administrative Law.
5. Radha kumudMookerji, Local Government in Ancient India (1985), Daya Publishing
Delhi.
6. Schwartz & Wade, Legal Control of Government.
7. Sivaramkrishnan, K.C., Courts, Panchayats and Nagapalikas (Academic
Foundations), 2009.
8. W.Thornhill (ed.), the Growth and Reforms of English Local Self-Government
(1971), Weidenfeld and Nierlson, London.
9. BidyutChakarborty and Rajendra Kumar Pandey, Modern Indian Political Thought-
Text and Context, Sage, New Delhi, 2009.
10. Niraja Gopal Jayal and others, Local Self Governance in India- Decentralization and
beyond- Oxford University Press, 2006.

Journals:
1. Prabhakar, R. P. “LOCAL GOVERNMENT'S ADMINISTRATIVE SYSTEM IN
INDIA.” The Indian Journal of Political Science, vol. 72, no. 4, 2011, pp. 943–952.,
www.jstor.org/stable/41856530.
2. Palanithurai, G. “GOOD GOVERNANCE AT GRASSROOTS.” The Indian Journal
of Political Science, vol. 66, no. 2, 2005, pp. 289–312. JSTOR,
www.jstor.org/stable/41856129.
3. Amitabh Behar. “Gram Swaraj: Experiment in Direct Democracy.” Economic and
Political Weekly, vol. 36, no. 10, 2001, pp. 823–826. JSTOR,
www.jstor.org/stable/4410370.
4. Mani Shankar Aiyar. “Panchayati Raj: The Way Forward.” Economic and Political
Weekly, vol. 37, no. 31, 2002, pp. 3293–3297. JSTOR,
www.jstor.org/stable/4412446.
5. Bhagwan, Vishnu. “NATIONAL RURAL EMPLOYMENT GUARANTEE ACT : A
SWOT ANALYSIS.” The Indian Journal of Political Science, vol. 70, no. 1, 2009, pp.
139–150. JSTOR, www.jstor.org/stable/41856502.

320
6. Medha Kotwal Lele. “Local Government: Conflict of Interests and Issues of
Legitimisation.” Economic and Political Weekly, vol. 36, no. 51, 2001, pp. 4702–
4704. JSTOR, www.jstor.org/stable/4411498.
7. T. Brahmanandam. “Review of the 73rd Constitutional Amendment: Issues and
Challenges” Indian Journal of Public Administration 64(1) 103–121.
https://journals.sagepub.com/doi/pdf/10.1177/0019556117735461
7. Usha Vaidyanathan Salient Features of Law Commission of India 114th Report on
Gram Nyayalaya (1987) 2 SCC (Jour) 25. https://www.ebc-
india.com/lawyer/articles/87v2a2.htm#Note*
8. Pal, M. 2000. Panchayats in Fifth Scheduled Areas. Economic and Political Weekly.
pp. 4791–4810.

Cases for Guidance:

1. K.Krishna Murthy &Ors. v. Union of India &Anr. 11 th May, 2010 (Supreme Court of
India).
2. Sujit Vasant Patil v. State of Maharashtra and Ors. 6 th August, 2004 (Bombay High
Court).
3. Rama Krishna Ramanath v. The Janpad Sabha, Gondia, 7 th February, 1962 (Supreme
Court of India).
4. Indus Towers Ltd. v. The Sub-Inspector of Police, 10th January, 2008 (Kerala High
Court).
5. Maju Balakrishnan v. State of Kerala, 31st March, 2009 (Kerala High Court).
6. Richhpal Singh and Ors v. State of Rajasthan, 4 th January, 2005 (Rajasthan High
Court).
7. Sri.V.Shivaprasad v. State of Kerala, 9th February, 2011 (Kerala High Court).
8. Nagar Palika Parishad, Roorkee... v. State of Uttaranchal and Ors.28 th September,
2001(Uttarakhand High Court).
9. D.Siddayya v. The State of Karnataka, 21st September, 2017 (Karnataka High Court).
10. Shri Subal Rabha v. The State of Assam and Ors. 27 th January, 2012 (Gauhati High
Court).

Learning Out Come:

After completion of the course the students will be able to-
1. Understand the subject related concepts and the Historical Development of PRI’s in
India.
2. Analyse the operation of the Constitution of India from a policy perspective relating
to federalism and Local Self Governance.
3. Critique the operation of Local Self Government from a theoretical and policy
perspective.
4. Have the fundamental knowledge and understanding relating to the various tire PRIs

321
(C): CRIMINAL LAW AND FORENSIC SCIENCE
HS50903: JUVENILE JUSTICE SYSTEM
Objectives of the Course
The UN Convention on the Child Rights, 1989, United Nations Guidelines for the Prevention
of Juvenile Delinquency (The Riyadh Guidelines), The United Nations Standard Minimum
Rules for Non-Custodial Measures (The Tokyo Rules), 1990 are some of the initiatives taken
by the UN to support the welfare of the Juveniles. This course aimed to cater the students to
understand the application of Criminal Justice System with the Juvenile Justice System.
Juvenile Justice (Care and Protection of Children) amended to enhance the rights and
liabilities of juveniles, reformatory measures to be adopted by the government, rehabilitative
process to be extend to the juveniles. The students will understand the background study of
development of Juvenile Justice System nationally and internationally as a socio-legal issue.

COURSE OUTLINE
Module I: Introduction:

a. Juvenile Justice System - Historical development

b. Definitions - Child – Juvenile – Delinquent
c. International Instruments – Child Rights Convention 1989
d. ICCPR
e. United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh
Guidelines)
f. The United Nations Standard Minimum Rules for Non-Custodial Measures (The
Tokyo Rules), 1990
g. Role of UNECOSOC & UNICEF
h. Doctrine of Parens patriae - National Commission for Children – State Commission
for Children
i. The National and State Human Rights Commission.
Module II: Juvenile Justice System in India

a. Juvenile Delinquency
b. Causative factors of juvenile delinquency
c. Child Rights laws in India –Reformatory Schools Act, 1897 – The Tamil Nadu
Children Act, 1920 – The Tamil Nadu Borstal School Act, 1925
d. Juvenile Justice Act, 1986 – Salient features – Definitions
e. Juvenile Justice (Care and Protection of Children) Act, 2000
f. Modifications – Juvenility - Juvenile in Conflict with Law – Child in need of Care
and Protection
g. Comparison of 1986 and 2000 Act – Law Commission of India
h. Juvenile Justice (Care and Protection of Children) Act, 2015– Information
Technology Act, 2000
i. The Protection of Children from Sexual Offences Act, 2019
j. Juvenile Justice System and Criminal Justice System.

322
Module III: Juvenile Justice Acts:

a. Juvenile Justice Act, 1986 – Definition –Child – Juvenility

b. Statutory bodies – Amended laws
c. Juvenile Justice Act, 2000 – Terminologies – Child in Conflict with Law – Child in
need of Care and Protection
d. Statutory bodies
e. Reformatory Homes
f. Tamil Nadu State Rules on JJ Act, 2000
g. Justice Verma Commission Report on Juvenile Justice –Criminal Law Amendment
Act, 2013
h. Juvenile Justice Act, 2015 – Heinous Crime - Children Court – Child Sexual Abuse
and Death Penalty.
Module IV: Statutory Bodies under Juvenile Justice Laws:

a.Juvenile Justice Board – Composition

b.Powers – Functions
c.Special Juvenile Police Unit – Bail
d.Burden of proving juvenility
e.Children Court – Assessment report
f.Orders may and may not be passed against juveniles
g. Admonition – Community service – payment of fine – 3 years under supervision of
Probation Officers
h. Child Welfare Committee
i. Members of the Committee – Functions
j. Production of Child – Enquiry – Report of Probation and Social Workers
k. Role of Social Defence Department.
Module V: Reformatory Institutions under Juvenile Justice Laws:

a. Observation Homes – Temporary Stay

b. Rehabilitative measures – classifications of inmates
c. Education – Psychological Counselling
d. Crime Statistics
e. Vocational Training – Therapeutic approach
f. Special Home – Safety Place
g. Children Home – Protection for neglected children – Separate homes – Education
h. Basic needs – Shelter Home – Rehabilitative mechanism - Girl Children Safety
i. Role of Administrative bodies.

Module VI: After Care Process and Rehabilitations:

a. Adoption – Foster care

b. Social Reintegration – Sponsorship
c. Reporting of implementation

323
d. Psychological Approach – Cognitive Therapeutic treatment
e. Plays and games
f. Role of Society – Family – Educational Institution – NGO –Government.

Further Readings:

 Joseph G. Weis, Robert D. Crutchfield & George S. Bridges, 1996 “Readings:

Juvenile Delinquency”, Crime and Society, Vol.2, Sage Publications, U.K. and India.
 Bueren, G. V. 1998, “The International Law on the Rights of Child”, MartinusNijhoff
Publications, The Hague.
 Bare Acts:
(i) The Tamil Nadu Children Act, 1920.
(ii) The Tamil Nadu Borstal School Act, 1925
(iii) The Reformatory Schools Act, 1827.
(iv) The Juvenile Justice Act, 1986
(v) The Juvenile Justice (Care and Protection of Children) Act, 2000
(vi) The Juvenile Justice (Care and Protection of Children) Act, 2015.
(vii) The Protection of Children from Sexual Offences Act, 2019.
Journals for research articles:

 Child and Family Law Quarterly : 1988 – 2018

 Child Law Practise : 1982 – 2017
 Children’s Legal Rights Journal : 1979 – 2019
 Journal of Child Law : 1988 - 2018
 Journal of Juvenile Law : 1977 – 2019

324
 Juvenile and Child Welfare Law Reporter : 1982 – 2017
 Juvenile Justice : 1993 – 2004
 Juvenile and Family Court Journal : 1949 – 2017
 National Juvenile Law Reporter : 1982 – 2017
 The International Journal of Children Rights : 1993 – 2019
 UC Davis Journal of Juvenile Law & Policy : 1996 – 2018

E- Books:
 Asha Bajpai (2006), “Child Rights in India: Law, Policy and Practise” Oxford
University Press, https://oxfordscholarship.com/view/10.1093/acprof-
9780195670820.001.0001/acprof-9780195670820
 MaharukhAdenwalla (2006), “Child Protection and Juvenile Justice System – For
Juvenile in Conflict with Law”, ChildLine India Foundation, Mumbai.
https://www.childlineindia.org/pdf/CP-JuvenileJustice-Juvenileinconflictwithlaw.pdf
 Marvin, D. Krohn& Jodi Lane (2015), “The Handbook of Juvenile Delinquency and
Juvenile Justice”, Wiley Online Library.
https://www.onlinelibrary.wiley.com/doi/book/10.1002/9781118513217
 Joan McCord, Cathy SpatyWidom& Nancy A. Crowdell, (2011) “Juvenile Crime,
Juvenile Justice – Panel of Crime Prevention, Treatment and Control”, National
Academy Press, Washington. https://www.nap.edu/read/9747/
 Lal Bahadur Shastri National Academy of Administration and UNICEF, (2017)
“Juvenile Justice Act, 2015 – A Handbook for Field Administrators”, National Gender
Studies, Uttarakhand, India.
https://www.jjb.bih.nic.in/pdf/JJActHandbookAdministrators.pdf

Research Articles related to Juvenile Justice:

 Vedkumari, 1999, “Current Issues in Juvenile Justice in India” Journal of Indian Law
Institute Vol.4, Issue. 3 & 4, pp.392-404.
 National Judicial Academy, 2018, “Juvenile Justice in India: Understanding Non-
Adversarial Nature of the System from Human Rights and Constitutional
Perspectives”.
 Shailesh Kumar, 2019, “Shifting Epistemology of Juvenile Justice in India”
ContextoInternacional Vol.4, Issue.1, pp.113-140.
 Satyender Verma & Lakshman Singh Rawat, 2018 “Juvenile Justice System in India:
An Overview” International Journal of Law Vol.4, Issue.3, pp.23-29

325
 Rachel Taylor, 2016 “Putting Children First? Children’s Interest as a Primary
Consideration in Public Law”, Child and Family Law Quarterly Vol.28, Issue.1,
pp.45-66.
 Shanna Knight, 2017 “Special Focus: Indian Child Welfare”, Child Law Practise
Vol.36, No.1, pp.1-2.
 Scott Trowbridge, 2017 “Understanding the 2016 Indian Child Welfare Act
Regulations”, Child Law PractiseVol.36, Issue.1, pp.6-10
 Jacob L. Zerkle, 2016, “Rehabilitate the Community by Rehabilitating its Youth –
Cognitive Science, Incarceration and Jurisprudence Relate to the Criminal Justice
System’s Treatment of Juveniles”, Children’s Legal Rights Journal Vol.36, No.3,
pp.201-217.

Cases for Guidance:

 Sunil & Another v. State (2001) 1 CrLJ 149

 Pratap Singh v. State of Jharkhand AIR 2005 SC 3088
 Rajendra Chandra v. Chandigarh Administration AIR 2000 SC 748
 Umesh Chandra v. State of Rajasthan (1982) 1 SCALE 335 (SC)
 Dr. Subramaniya Swamy & Others v. Raju (Through Member, JJB & Another) (2013)
10 SCC 465
 Munna v. State of U.P. (1982) 1 SCC 545
 Gaurav Jain v. UOI AIR 1990 SC 292
 Vishal Jeet v. UOI AIR 1992 SC 1412
 Sheela Barse v. Union of India AIR 1986 SC 1773
 Sheela Barse v. State of Maharashtra AIR 1983 SC 378
 Krishna Bagwan v. State of Bihar AIR 1989 Pat 217
 Deoki Nandan Dayna v. State of U.P. (2001) 1 CrLJ 149
 Izaz Ahmad v. State of M.P. (2001) 1 SCC Cri 212
 Ajay Pratap Singh v. State of M.P. (2000) 1 SCC Crl 137
 Satbir Singh v. State of Haryana AIR 2005 SC 3549
 Arnit Singh v. State of Bihar AIR 2005 SC 2264
 Ramdeo @ Rajnath Chauhan v. State of Assam AIR 2001 SC 2231
 Rajender Chandra v. Chandigarh Administration AIR 2000 SC 748
 Hari Ram v. State of Rajasthan & Another (2009)13 SCC 211
 Bakthavatchalu v. State of Tamil Nadu AIR 2008 SC 1434
 Ajhar Ali v. State of West Bengal (2013) 10 SCC 31
 Jyothi Prakash Rai v. State of Bihar AIR 2008 SC 1696
 BablooPasi v. State of Jharkhand AIR 2009 SC 314
 Ram Suresh Singh v. Prabhai Singh @ Chotu Singh & Another AIR 2009 SC 2805
 Dharambir v. State NCT Delhi Administration AIR 2010 SC 1801
 Mohan Mali & Another v. State of M.P. AIR 2010 SC 1790

326
 Ashwini Kumar Saxena v. State of M.P. 2012 AIR SCW 5377
 NagoorPitchai @ Badhusha v. State through S.I of Police (2013) 10 SCC 668.
Web Sources for Journals of Scholarly Articles:
 https://heinonline.org
 https://jstor.org
 https://shodganga.inflibnet.ac.in
Web Sources for referring latest decisions:
 https://indiankanoon.org
 https://manupatrafast.com
 https://www.aironline.in
 https://www.scconline.com

Learning Outcome:
At the end of the Course, the student will;
 Understand the theories of juvenile delinquency, causative factors of juvenile
delinquency and its preventive measures.
 Understand the issues and challenges involved in implementing Juvenile Justice
System.
 Equipped with development of Juvenile Justice related legal systems in India and
motivate to involve themselves in reforming the juveniles in conflict with law.
 Critically analyse the implications of international instruments on Child Rights.
 Examine the application of reformative and rehabilitative measures to turn the
juveniles in conflict with law into a law-abiding citizen

327
(d): INDUSTRIAL AND COMMERCIAL LAW

HS50904: INTERNATIONAL COMMERCIAL ARBITRATION

Objectives of the course:
Arbitration is a suitable instrument to settle and solve international commercial disputes that
arrive at a final and binding award. It is a universally admitted dispute resolution mechanism
which furnishes an enforceable award. The objective of the course is to cater a fundamental
outlook on the vital themes of international commercial arbitration. The course places utmost
significance on arbitration of international commercial disputes. The course shall provide the
students with a pragmatic vision of strategic obstacles arising out of the international
arbitration proceedings.

After undergoing the study of this paper the student should be able to understand the
following;
1. Able to understand the basic aspects of International Commercial Arbitration.
2. Understand the concept of agreements related to International Commercial
Arbitration.
3. Gain an understanding of international commercial arbitration in the Indian context
including international commercial arbitration held both in India and outside India;
4. Analyse the various issues related to enforcement of foreign arbitral awards.
5. Pros and cons of arbitration as a tool for resolving cross-border commercial
disputes.

COURSE OUTLINE
Module I:Introduction to International Commercial Arbitration

a) Concept and Nature - Sovereign States, Claims Commissions, and Tribunals.

b) Hybrid nature of Arbitral Process - Dispute Resolution in International Trade –
Regulation of International Arbitration
c) Regulation of International Arbitration – Kinds of Arbitration – Review.

Module II : Arbitration agreement & Validity of Arbitration Agreement

a) Overview - the validity of an Arbitration Agreement –
b) Parties to an Arbitration Agreement - Analysis of an Arbitration Agreement -
Submission Agreement – Arbitrability.
c) Confidentiality – Confidentiality - Defective Arbitration Clauses - Multi-Party
Arbitrations – Review.

328
Module III : Arbitrators and Applicable Laws

a) Meaning - Appointment of Arbitrators - Qualities Required in International Arbitrators -

Impartiality and Independence of Arbitrators - Challenge and Replacement of
Arbitrators.
b) Powers of Arbitrators - Duties of Arbitrators – Jurisdiction – Review ‘
c) Law Governing the Agreement to Arbitrate - Law Governing the Arbitration - Law
Applicable to the Substance - Conflict Rules and the Search for the Applicable Law –
Other Applicable Rules and Guidelines – Challenges.

Module IV: Nature andCategories of Arbitration

a) Overview - InvestmentArbitration – Construction – Maritime – Sports – IPR –

Ad hoc Arbitration.
b) Institutional Arbitration - Organisation of the Arbitral Tribunal - Fees and
Expenses of the Arbitral Tribunal - Procedure & Evidence - Preliminary Steps -
Written Submissions - Evidence Gathering - Hearings - Proceedings after the
Hearing - Other Matters.

Module V: Arbitral Award

a) Overview - Categories of Awards – Remedies- Validity of Awards - Effect of Awards—

Res Judicata- Decesion Making –
b) Classification of Award – Review of Award – Challenge - Methods of Challenge –
Grounds of Challenge - Time Limits and Effects of Challenge.
c) Recognition and Enforcement - Enforcement under the New York Convention -
Enforcement under the Washington Convention - Enforcement under Regional
Conventions - Defence of State Immunity - Practical Considerations.

Module VI: Soft Laws on 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

329
Recommended Readings:

Books:

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, 2 nd 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:
1. The Lex Mercatoria in International Commercial Arbitration, Ole Lando, The
International and Comparative Law Quarterly Vol. 34, No. 4 (Oct., 1985), pp. 747-
768 Published by: Cambridge University Press on behalf of the British Institute of
International and Comparative Law https://www.jstor.org/stable/759197

2. Christopher R Darhozal, Commercial Norms, Commercial Codes, and International

Commercial Arbitration 33 Vand. J. Transnat'l L. 79 (2000)

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

4. Paulsson, J. (1983). Delocalisation of International Commercial Arbitration: When

and why it Matters. International and Comparative Law Quarterly, 32(1), 53-61.
doi:10.1093/iclqaj/32.1.53

5. Catherine A Rogers 54 U. Kan. L. Rev. 1301 (2005-2006) Transparency in

International Commercial Arbitration

330
Further Readings:

Books:

1. International Commercial Arbitration, Gary B.Born, Wolters Kluwer 2nd edition.

1,2,3 volumes

2. International Commercial Arbitration - A Trans National Perspective, Tibor Varada;

John J. Hareelo; Arthur T Von, Thomson west 3rd edition

3. Handbook on International Commmercial Arbitration, Peter Ashford, juries net LIC,

2nd edition

4. International Commercial Arbitration and Arbitrators’ contract - Emilia Onyema,

Routledge Publishers

5. International Commercial Arbitration in Asia - Thomas B Ginsburg, Juries Net LLC

2nd edition

6. Law and practice of International Commercial Arbitration by Alan Redfern, Sweet &
Maxwell

7. International Commercial Arbitration: Commentary and Materials by Gary Born

MartinusNijhoff; 2 nd edition (February 1, 2001)

8. Combining Mediation and Arbitration in International Commercial Dispute

Resolution by DilyaraNigmatullina, Routledge

9. The Principles and Practice of International Commercial Arbitration by Margaret L.

Moses, Cambridge University Press

10. Arbitration of Commercial Disputes: International and English Law and Practice by
Karen Tweeddale, Andrew Tweeddale, Cambridge University Press

Journals:

1. Paolo Contini 8 Am. J. Comp. L. 283 (1959) International Commercial Arbitration:

The United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards

2. Philip J McConnaughay 93 Nw. U. L. Rev. 453 (1998-1999) Risks and Virtues of

Lawlessness: A Second Look at International Commercial Arbitration

331
3. Hans Smit 25 Colum. J. Transnat'l L. 9 (1986-1987) The Future of International
Commercial Arbitration: A Single Transnational Institution

4. W. Michael Tupman Challenge and Disqualification of Arbitrators in International

Commercial Arbitration The International and Comparative Law Quarterly Vol. 38,
No. 1 (Jan., 1989), pp. 26-52 Published by: Cambridge University Press on behalf of
the British Institute of International and Comparative
Law https://www.jstor.org/stable/760425

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

6. JasnaArsic 14 J. Int'l Arb. 209 (1997) International Commercial Arbitration on the

Internet - Has the Future Come Too Early

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

9. S.I. Strong Research in International Commercial Arbitration: Special Skills, Special

Sources the American Review of International Arbitration, Vol. 20, p. 119, 2009
University of Missouri School of Law Legal Studies Research Paper No. 2010-15

10. 25 Colum. J. Transnat'l L. 717 (1986-1987) The Enforcement of Arbitral Awards

under UNCITRAL's Model Law on International Commercial Arbitration

Cases for Guidance:

1. Henry Boot Construction Ltd. v. Malmaison Hotel, [1999] 70 Con LR 32

2. General Manager, Northern Railways v. Sarvesh Chopra, AIR 2002 SC 1272

(Supreme Court of India (SC))

3. Asian Techs Ltd. v. Union of India, (2009) 10 SCC 354 (SC)

4. ObrasconHuarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014]

EWHC 1028 (TCC)

332
5. Esso and others v. Plowman (1995) 128 A.L.R. 391

6. Barminco Indian Underground ... vs Hindustan Zinc Limited on 20 July, 2020 HIGH
COURT OF JUDICATURE FOR RAJASTHAN

7. Trammo Dmcc (Formerly Known As ... vs Nagarjuna Fertilizers And ... on 9

October, 2017, HC BoMbay

8. International Tank & Pipe SAK v Kuwait Aviation Fuelling Co KSC (1975)

9. Jivraj v Hashwani [2010] EWCA Civ 712.

10. MxrskOlie, 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:

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

1. Acquire knowledge on arbitration as a dispute settlement mechanism in international

commercial disputes.

2. Analyse the forms and important aspects of International Commercial Arbitration.

3. Assess the cooperation between Arbitration and National Judicial Systems.

4. Compare and understand the relationship between UNCITRAL Model Law and
International Commercial Arbitration.

333
(a): INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
HS60901: INTELLECTUAL PROPERTY LITIGATIONS
Objectives of the Course
This course is intended to teach the application of law in terms of court’s principles and
procedures exclusively for deciding intellectual property cases. Most significantly, in
deciding Intellectual property cases both Supreme Court and High Courts in India are
apparently following foreign judgements in many occasions. Intellectual property laws confer
monopoly to the owners of intellectual property so the enforcement of intellectual property
rights is getting more crucial.

The main objective of the course is-

a. to impart practical perspective of IPR enforcement mechanism by discussing various
tests, rules and procedures laid down by the courts in case of infringement of IPRs.
b. to teach international and cross border litigations of intellectual property rights.

COURSE OUTLINE
Module I Litigation Relating to Copy rights and Industrial Designs

a) Copy right infringement- Acts constituting infringement- Direct infringement and

indirect infringement (Vicarious liability and Contributory liability)
b) Jurisdiction of the court -idea/expression dichotomy-abstraction test-Lay observer test
-Infringement of Neighbouring rights –Infringement of Moral rights –Online
Copyright Piracy-Peer to peer technology-liability of internet service provider
c) Exception to Copyrighted work-Exhaustion of Copyrighted work -fair use/fair
dealing-Test of transformation-Reverse engineering of Computer programme -
Doctrine of staple articles-Doctrine of Copyright Misuse-
d) Remedies-Criminal liability under anti circumvention law;
e) Piracy of Design –Fraudulent or obvious imitation of design- Jurisdiction of the court
– Remedies.

Module II Litigation Relating to Patent and Trade Secret

a) Acts amount to infringement of patent-Jurisdiction of the Court –Claim interpretation

or Construction(intrinsic and extrinsic aids)-Literal infringement-Doctrine of
Equivalents/Doctrine of Pith and Marrow-Exception to DOE-All element rule,
doctrine of public dedication, existence of prior art-prosecution history estoppel
b) limitation and exception-doctrine of first sale-parallel import-Bollar exception- Patent
Misuse-Remedies;
c) Infringement of trade secrets- breach of trust- Springboard doctrine.

334
Module III Litigation Relating to Trade Marks and Geographical Indications

a) Infringement of trademarks –jurisdiction of the court-Deceptive similarity-likelihood

of confusion-Polaroid Factors-Concept of Dilution-Passing off and Reverse passing
off Action
b) Fair use of trademark-Comparative Advertisement-Counterfeit trademark-exhaustion
of right in trademark-Remedies-functions of IPAB.
c) Infringement of registered Geographical Indications- Special provision relating to
Trademark and Prior user-Jurisdiction of the Court– Remedies.

Module IV- Enforcement of IPR under TRIPS Agreement

a) Prior to TRIPS Agreement –Berne Convention and Paris Convention- reference to

International Court of justice
b) TRIPS Provisions Articles 41 to 61 – Minimum standard protection – civil, Criminal
& Administrative Remedies
c) Dispute settlement mechanism –XXII and XXIII of GATT 1994-Violation, Non-
Violation and Situation Complaints- Dispute Settlement Understanding (DSU) –
Retaliation and cross-retaliation.

Module V: Cross–Border IPR Litigations

1 Private International Law and Intellectual property law –Hague Convention on

Choice of Court and Choice of law- Recognition and enforcement of foreign
judgment-issues relating to administrative or judicial cooperation in collecting
evidence- Brussels Convention – Cross border litigation under European Union
Frameworks.

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)

335
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.

336
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)

Cases for Guidance

1. R. G. Anand v. Delux Films (1978) 4 SCC 118
2. Computer Associates International Inc v. Altai 982 F.2d 693 (3 rd Cir 1992)
3. Kelly v. Arriba Soft Corp (2003)
4. Delhi University Photo Copying Case – The Chancellor Masters and Scholars of the
University of Oxford v. Rameshwari Photocopy Services (2012)
5. Sega Enterprises Ltd v. Accolade Inc (1992)
6. A & M Records v. Napster Inc (2001)
7. Phillips v AWH Corporation (2005)
8. Larami Corp. v. Amron (1993)
9. Graver Tank v. Linde Air Products Co. 339 US 605 (1950)
10. Catnic Components Ltd v Hill & Smith Ltd (1982)RPC 183
11. Improver Corp. v Remington Consumer Products Ltd. (1990) FSR 181
12. Bajaj Auto Ltd v. TVS Motors Co Ltd (2008)
13. Monsanto v Nuziveedu (2019)
14. Britannia Industries Ltd v. Sara Lee Bakery AIR 2000 Mad 497
15. Erven Warnink v. J Townend & Sons Ltd (1979)
16. S M Dyechem Ltd., v Cadbury (India) ltd (2000)
17. Cadila Health Care Ltd v Cadila Pharmaceutical Ltd (2001)
18. Scotch Whisky Assn., v PravaraSahakarShakarKarkhana Ltd AIR 1992 Bom 294
19. Syndicate of Press of University of Cambridge v B. D. Bhandari (2005) 31 PTC 58 (Del)
20. Kapil Wadhwa v. Samsung Electronics Co. Ltd (2012) 53 PTC 112 (Del)

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

337
(b): CONSTITUTIONAL LAW AND PROPERTY LAW
HS60902: 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.

Module – II: Tenancy Laws in Tamil Nadu in relating to Buildings:

Definitions - Tenancy – Rent – Obligations of Landlord and Tenant – Repossession of the
Premises by the Landlord –Rent Authorities: Appointment, Powers and Functions – Rent
courts and Rent Tribunals.
Module – III: Laws relating to cultivating tenants in Tamil Nadu:
a. Definition: cultivating tenant, landlord- rights and liabilities of landlords- grounds for
eviction of tenant- protection available to member of armed forces- restrictions on
restoration of possession - Cultivating Tenants Special Provisions Act, 1968 with
amendments
b. The TN Cultivating Tenants Arrears of Rent (Relief) Act, 1972 [including all
amendments]
c. The TN Cultivating Tenants Protection From Eviction Act, 1989 [including all
amendments]

338
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, 3rd 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

Cases for Guidance:

1. Anandan v. Lingam on 22 February, 2013
2. P.K.Selvaraj v. The Revenue Divisional Officer on 17 February, 2006
3. K.Thangammal vs R.Murugan on 24 September, 2018
4. NachayeeAmmal and others v. Sri Venugopalakrishnaswamy on 1 March, 2003
5. Somasundaram v. Subramanian on 20 March, 2019
6. E.K.M.G.Bakir Ali v. G.Sundarraj on 20 June, 2011
7. Maria Seeman Nadar v. Anna Muthu Ammal on 18 December, 2006
8. Church Of South India Trust v. The District Revenue Officer on 30 March, 2010
9. Shanmugham vs ArulmiguVinayagar And Arulmighu on 18 June, 2002
10. R. Jayakumar vs P. Kaliyaperumal And Ors. on 17 February, 1999
11. Jayaraman (Died) vs Eswaran on 10 February, 2012
12. T.K.Ayub vs Mohammed Hanif on 23 March, 2010
13. B.Venkatesh vs Nagarajan on 12 July, 2018
14. G.Surya Kumari vs The Government Of Tamil Nadu on 1 September, 2017

339
15. Sanjay phulwaria and 22 others v. Mumbai metropolitan region development
authority and 4 others, Bombay high court on 16 October, 2018

Learning Outcome:
Students graduating with Land Laws will be able to:
1. Understand and describe legislative power to make laws relating to land and land
ceiling is in the state list.
2. Different states have enacted their own laws on this subject and the application of
these laws is varied from state to state.
3. The Constitutional perspectives relating to these subjects have to be taught as an
essential part of this course.
4. Problem-solve complex issues in the land related matters and society related to
policies, law enforcement, government bindings and etc.
5. Effectively apply knowledge to solve practical problems

340
(c): CRIMINAL LAW AND FORENSIC SCIENCE
HS60903: 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

Module III: Criminal Behavior

a) Nature and Scope of Criminal Behavior
b) Factors that lead to Criminal Behavior- Biological factors- Situational factors-
Learned factors
c) Theories of Criminal Behavior- Developmental theories- Critical criminology
d) Evaluation of Criminal - Psychological Tests
e) Criminal Psychology- Roles of Criminal Psychologists

341
Module IV: Criminal Typology
a) Violent Crimes – Homicide- Suicide
b) Stalking and Sexual Offenses
c) Property Crimes
d) Public Order Crimes
e) Substance Abuse

Module V: The Criminal Justice System -The Psychological Approach

a) Police Psychology
b) Treatment of Victims and Witnesses
c) Suspects of Crime
d) Court proceedings -Prison- Probation services- Juvenile Corrections
e) Social Perspective
Module VI: Correctional Psychology- Crime Prevention
a) Forensic and Correctional Psychology
b) Intervention
c) Correctional Counseling Process
d) Group Counseling and ResocialisationProgrammes
e) Treatment of Criminals – Custodial- Non-custodial

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. EGrossHKallen 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

342
3. Forensic Psychology, Louw D, Elsevier Inc., (2015), 351-356
4. Once a criminal, always a criminal?: 'Redeemability' and the psychology of punitive
public attitudes, MarunaSKing 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, MemonAVrijABull 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,CarsonDMilneRPakes , 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, BartolCBartol A, Edited byWeinerIOttoRWeiner (Ed)
IOtto (Ed) R John Wiley & Sons Inc, (2014), 3-34

343
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, GrettonHMcBrideMHare,
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.

344
(d): INDUSTRIAL AND COMMERCIAL LAW
HS60904: SOCIAL SECURITY AND UNORGANISED LABOUR

Objectives of the Course

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.

This course has been designed to:

I. Provide a broad-based understanding of the concept of the informal
sector/unorganisedlabour – their nature, categories, industries, and the challenges and
injustices they face;
II. Instruct the student on the role of the ILO;
III. Delve into the concept of social security for unorganisedlabour;
IV. Focus on critical, India-specific sectors of unorganised workers and examine their
individual challenges; and
V. Survey the various legislations that target the upliftment of, and provision of benefits
to, such workers.

The syllabus has been prepared with these objectives and consists of 6 modules.

COURSE OUTLINE

Module I – Introduction to Unorganised Sector

(a) Concept and Characteristics of Unorganized Sector.

(b) UnorganisedLabour Force in India.
(c) Economic Contribution of Unorganised Workers.
(d) Causes and Problems of Unorganized Workers.
(e) Different Categories of Unorganized Workers-Beedi Workers, Construction Workers-
Domestic Workers- Agricultural Workers- Plantation Labourers.
(f) ILO and Minimum Conditions of Work.
(g) Constitutional Safeguards.
(h) Role of Judiciary in the Protection of Unorganized Workers.

Module II – Social Security for Unorganised Workers

(a) The Unorganised Workers’ Social Security Act, 2008 – Scope and Coverage.

345
(b) Definition of Unorganised Sector and Unorganised Worker.
(c) Social Security Benefits – Schemes.
(d) Social Security Board.
(e) Registration of Unorganised Workers.

Module III - Beedi Sector Workers and Specific Legislative Measures

1(a) Features of Beedi Industry

(b) Production Process.
(c) Living and Working Conditions.
(d) Gender Discrimination.
(e) Vulnerability of Children.
(f) Occupational Health Hazard and Safety issues.

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.

Module IV – Construction Workers and Regulation of Conditions of Employment

1 (a) Construction Industry.

(b) Outsourcing of Labour through Contractor and Intermediaries.
(c) Types of Construction Workers.
(d) Women and Child Workers.
(e) Living and Working Conditions of the Workers.
(f) Occupational, Health and Safety Issues.
(e) ILO Conventions on Construction Workers.

2.(a) The Building And Other Construction Workers (Regulation Of Employment And
Conditions of Service) Act, 1996 – Scope and Object - Definitions.
(a) Advisory Committees and Expert Committees.

346
(b)Registration of Establishment .
(c) Registration of Building Workers as Beneficiaries.
(d) Welfare Board.
(e) Hours of Work.
(f) Welfare Measures - Safety and Health Measures.
(g) Responsibility of Employers.
(h) Inspecting Staff.
(i) Offences and Penalties.

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.

Module V – Plantation Labour and Conditions of Employment

1.(a) Characteristics of Plantation industry.
(b) Intensity of Labour.
(c) Working and Living Conditions.
(d) Occupational and Health Hazards.
(e) Problems of Women and Child Workers.
2.(a) Plantation Labour Act, 1951 – Scope and Object – Definitions.
(b) Inspecting Staff
. (c) Provisions as to Health and Welfare.
(d) Hours and Limitation of Employment.
(e) Leave with Wages.
(f) Penalties And Procedure .

Module VI – Other Legislations Relating to Unorganised Workers

1.(a) The Bonded Labour System (Abolition) Act, 1976 – Object and Scope – Definitions.
(b) Abolition of Bonded Labour System – Agreement, Custom, etc. to be Void.
(c) Liability to Repay Bonded Debt to Stand Extinguished – Property of Bonded Labour to
be Freed from Mortgage, etc., – Creditors not to accept Payment against Extinguished Debt –
(d) Authorities for Implementation of the Act.

2.(a) Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)

Act , 1979 – Scope and Object – Definitions.
(b) Registering Offices-Registration and Revocation of Establishments.
(c) licensing officers-Licensing of Contractors-Revocation, Suspension and Amendment of
Licenses.
(d) Duties and Obligations of Contractors.
(e) Wages, Welfare and Other Facilities.

347
(f) Displacement Allowance.
(g) Liability of principal Employer.
(h) Inspecting Staff.
(i) Offences and Penalty.
3.(a) Contract Labour (Regulation & Abolition) Act, 1970 - Scope and Object -Definitions.
(b) Advisory Boards.
(c) Registration of Establishments.
(d) Licensing of Contractors.
(e) Health and Welfare Measure.
(f) Offences and Penalties.
4.(a) Child Labour (Prohibition and Regulation) Act, 1986 – Scope and Object – definitions.
(b) Prohibition of Employment of Children.
(c) Regulation of Conditions of Work.
(d) Procedure Relating to Offences.
5.(a) Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
(b) Guarantee of Rural employment to House Holds.
(c) Conditions for Providing Guaranteed Employment.
(d) Payment of Unemployment Allowance.
(e) Non-Disbursement of Unemployment Allowance.
(f) Planning and Implementation of Schemes.
(g) Responsibilities of Gram Panchayaths.
(h) Grievance Redressal Mechanism.
(i) National Employment Guaranteed Fund.
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).

348
Journals:
1) M. D. Pradeep, B. K. Ravindra, et.al. , “A Study on the Prospects and Problems of
UnorganisedLabour 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 KantiBagchi& Nirupam Gope, “Social Security for Unorganised workers in
India” (Gurgoan: Madhav Books, 2012).
7. NayanBarua, “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 UnorganisedLabour in India”, (Delhi: Mangalam
Publications, 2008).

Articles:
1. A.Dharmalingam, “Conditions of Brickworkers in South Indian Village”, 30 EPW
3014-3018 (1995).
2. K.R.Lakshmy Devi, “The Women Beedi Workers in a Kerala Village”, 21 IJIR
251-259 (1985).

349
3. Manishi Pathak, “An Overview of Contract Labour Related Laws in India” NLS
Bus. L.Rev. 20 (2017).
4. Rashmi Tiwari and Shivani Tiwari, “Women Employment in Unorganised Sector:
An Empirical Analysis”, 35 JRD 645-664 (2016).
5. Paramita Ray, “Contract Labour System in India: Issues & Perspectives”, 3
IJLLJS 297-306 (2016).

Cases for Guidance:

1. Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P. &Ors., 1985 AIR
652.
2. People Union for Democratic Rights v. Union of India&Ors., 1982 AIR 1473.
3. Bandhua Mukti Morcha v. Union of India, 1984 SCR (2) 67.
4. Neeraja Chaudhary v. State of Madhya Pradesh, (1984) 3 SCC 243.
5. Daily Rated Casual Labour v. Union of India, 1988 SCR (1) 598.
6. State v. Banwari, 1957 CriLJ 539.
7. M.C. Mehta v. State of Tamil Nadu and Others, (1996) 6 SCC 756.
8. Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage and Allied
Workers, 12 July, 2011.
9. KotchuVelu V. Joseph, 1987 II LLJ 174 (Kerala).
10. N Krishna Devi v. Vishnu Mitra, AIR 1982 Raj 281.
11. Bijay Cotton Mills v. State of Ajmer, (1955) 1 LLJ 129 (SC).
12. Municipal Corporation of Delhi v. Female Workers, (2000) 3 SCC 224.
13. Rajangam, Secretary, Dist. Beedi Worker's Union v. State of Tamil Nadu, 1992 SCC
(1) 221.
14. B. M. Lakshmanamurthy v. The Employees' State Insurance, AIR 1974 SC 759.
15. Olga Tellis&Ors v. Bombay Municipal Corporation, 1985 SCR Supl. (2) 51.
16. Gammon India Ltd. v. Union of India &Ors., 1974 SCR (3) 66.
17. Salal Hydro Electric Project v. State of Jammu and Kashmir, 1983 (3) SCC 538.
Learning Outcome
Upon completing this course, the student will be able to:
1. Comprehend the complex issue of unorganisedlabour and their challenges;
2. Appreciate the crucial role played by ILO in their upliftment;
3. Critically analyse social security law through the lens of unorganisedlabour;
4. Discern and perceive the problems of unorganisedlabour in various specific sectors in
India and critically examine the efforts taken to legislate for their improvements.

350
HCC0903: DRAFTING. PLEADING AND CONVEYANCING
(Clinical Course -III)
Objective of the Course:
Drafting means a composition or writing of a document in common parlance. In a
legal profession drafting is an art which means a legal drafting includes various
form of legal composition. In a lawyering drafting of legal notice shall be an
inevitable. In every lawyering preparation of legal notice shall be at a first level. In
order to plead before the court drafting of pleading includes criminal, civil and
other kind of pleadings it is to be prepared in accordance with provisions of law.
Usually pleadings are statements drawn by parties either the party who sued or the
opponent sometimes third party (Third Party Affidavit). The pleading shall be
specific and must not be conflict with governed procedure allowed in the court. The
purpose of pleadings rule shall be access to justice and to prevent multiplicity of
proceedings. Conveyancing is the process in which parties are transferring their
legal title or legal entitlement of a property. Conveyancing a document is governing
under a prescribed form derived in a law of conveyancing like sale deed, gift deed
and other form of documents. This course must be substantially considerable of a
lawyering and legalpractice.
COURSE OUTLINE
Module I: Introduction
a. Drafting – the meaning, scope and significance
b. Legal drafting – Legal notice, Sec.138 N.I Act notice, Suit Notice, Matrimonial
issues Notice, M.V. Act cases Notice, Reply Notice –
c. Complaint – depth knowledge in legal language and legal writing – use
appropriate legal terminology – purpose of notice – time prescribed in notice –
appropriate remedyrequired
Module – II: Pleadings – Civil Pleadings – Substantive provisions (theoretical
approach) and Forms (practical exercise)
a. Meaning, Scope and significance – civil pleadings
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
Petition, Appointment of Advocate Commissioner, Restoration Petition, Adjournment
Petition

Module – III: Pleadings – Criminal Pleadings – Substantive provisions (theoretical

approach) and Forms (practical exercise)
a. Meaning, scope and significance – criminal pleadings
b. Prosecution Pleading – Police custody petition, Petition for withdrawal from

351
prosecution, Criminal Appeal from prosecution, Counter Affidavit filed by
prosecution –
c. Defence Pleading – Bail Petition, Anticipatory Bail, Discharge Petition,
Criminal Appeal from conviction – other petitions – Quash Petition
d. Third party pleading - Return of Property petition, intervener petition, transfer of
criminal cases, Direction petition,
Module – IV: Pleadings – Appellate Side, Original Side Pleadings and High court and
Supreme Court pleadings (theoretical approach and practical exercise)
a. Civil Miscellaneous Appeal,
b. Civil Miscellaneous Petition,
c. Writ Petitions and HeapusCorpusPetition, Writ Appeal
d. Civil Suit, Original Petition,
e. Company Petition, ,
f. Criminal Original petition,
g. Public InterestLitigation
Module – V: Pleadings – Other Pleadings – Substantive provisions (theoretical
approach) and Forms (practical exercise)
a. Private complaint,
b. Matrimonial cases petition,
c. Motor Accident Claimant Original Petition,
d. Rent Control Original Petition,
e. Labour Issues Petition

Module VI: Conveyancing – General principles

a. Meaning, scope and significance, elements and components of deed, Registration
– Compulsory registration, optional registration and not necessary to register –
b. Stamp Act – types of stamps – judicial stamp and non-judicial stamp, impressed
stamp and adhesive stamp – rights of property - transferable and non-transferable
properties
Module – VII: Conveyancing – Substantive provisions (theoretical approach) and Deeds
(practical exercise)
a. Sale Deed – Agreement for sale and Agreement of sale,
b. Gift Deed and Power of Attorney – within family members and others,
c. Mortgage Deed – Classification of Mortgage, registration of Mortgage and its
stamp duty –
d. Lease and Licence –

352
e. Testamentary deeds : Will – Partition Deed – Settlement Deed,
f. Hire purchase Agreement,
g. Cancellation Deed,
h. Release Deed and other deeds

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 15
practical exercise in conveyancing and each exercise may carry 3 marks, hence total
90 to be awarded in a practical approach of every student. 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 a internal assessment of astudent.

Recommended Readings:
1. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC,Lucknow.
2. KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,2004.
3. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006,
EBC,Lucknow.
4. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal
Law Publishing Co. Pvt Ltd.,Delhi.
5. Justice Thakker, Code of Civil Procedure, 5th Edn - 2007, EBC,Lucknow

Statues for reference in substantive provisions and Forms

1. Code of Civil Procedure, 1908
2. Code of Criminal Procedure,1973
3. Transfer of Property Act,1872
4. Indian Contract Act,1872
5. Motor VehiclesAct
6. Appellate SideRules
7. Original SideRules
8. RegistrationAct
9. StampAct
10. Civil and Criminal Rules ofPractice

E – Source
www.tnregin.in( Guideline value, Encumbrance and other e services)

Cases for Guidance:

1. Lakshmi Narayan Deo Vasti Temple vs. Narayan F. Marathy (1995) 2 Bom
CR610

353
2. Prabodh Verma vs. State of UP (1984) 4 SCC251
3. Someswer vs. Tribhuban AIR 1934 PC130
4. Narinder Nath vs. Jaswant Singh AIR 1994 P&H 111
5. Syed Muhammed vs. Fattah Muhammed ILR 22 Cal. 324(PC)
6. Viswanath vs. Ram Narayan AIR 1940 All405
7. Tika Khawas vs. Pasupathi AIR 1986 Sikk.6
8. Motilal vs. Yudhistir AIR 1950 PC73
9. Brijlal vs. Parvathy AIR 1982 Del.114
10. Firm Gopal & Co. Ltd vs. Firm Hazarilal AIR 1963 MP37
11. Keshab Rao vs. Chandrabhan AIR 1980 Bom380
12. Onkar Nath vs. Vedvyas 1978 Ren.CR 408 (HP)
13. IyakkuMatho vs. Julius Elias Metropolitan AIR 1962 Ker19
14. Rooplal vs. Nachhittar AIR 1982 SC1559
15. A K Gupta vs. DVC AIR 1967 SC961
16. G. Nagamma vs. Siromanamma (1996) 2 SCC25
17. Phula Devi vs. Mangtu Maharaj AIR 1969 Pat 284
18. Jagjiban Das vs. Gunan Bhai AIR 1967 Guj1
19. N.Naidu vs. K.Naidu AIR 1969 Mad329
20. N.Naidu vs. K.Naidu AIR 1969 Mad329
21. Jogeshwar vs. Sheopujan AIR 1986 Pat35
22. State of Maharatsra vs. Glaxo 1979 Bom CR321
23. Raghunath Das vs. Union of India AIR 1969 SC674
24. State of MP VS. Lajjaram AIR 1961 MP 339

Learning Outcomes

It is a practical and clinical course hence the student community has to learn not
only from the text but also practical approach must be required. Experienced and
learned advocates are used to take part in teaching this course. After successful
completion of this course, the students shall be equipped to start / establish a law
firm and will co-ordinate registration work. Here the document writer or an
advocate who is empowered to draft deeds. The deed shall have certain legal
conditions and other formalities these are governed by law of contracts, property
law, land laws, registration act, stamp act and other legal provision of law. In

354
digital India, the form of conveyancing has been digitalised and the registration
department has uploaded all type of deeds in their portal to make easy access of
conveyancing to every citizen. The law students shall have depth knowledge in
this subject matter and to understand the nature of drafting in pleadings and
conveyancing. After successful completion of law degree students will take
practice before the court drafting of pleading is mostnecessary.

355
FIFTH YEAR

X-SEMESTER

HLC1022: ENVIRONMENTAL LAW

Objectives of the Course:

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

A. Historical Perspectives- Ancient India –Vedas –Kautilya -Sangam Tamil

Classification - Ashoka and Budihism – Medieval India - Colonial Perspectives of
Environment –Environmental History of Europe

1
This module is framed in consonance with the UGC mandated ‘environmental studies’ paper for all the UG
courses.

356
B. Social, and Political dimensions of Natural Resources Use- Global commons – Rural
and Urban Commons -Environmental Pollution – Poverty, Development and
Environment - consumerism and minimalism – Ecological Footprint, Carbon
Footprint, Water Footprint and Virtual Water
C. Factors Affecting Environment – Deforestation - – Habitat Loss - Green House Gases
– Acid Rain – Climate Change

Module II Constitution and Environment

A. Environment and Fundamental Rights – Public Interest Litigations on Environmental

Protection – Higher Judiciary and Environment – Fundamental Rights – Right to
Environment, Health, Food, Nutrition, Water and Sanitation – Right to Environment
vs Right to Development
B. Directive Principles and Environment – Obligations of the State to Protect
Environment - Fundamental Duties to Protect Environment
C. Legislative Powers of Union and State over Environmental Aspects – Environmental
aspects in VII Schedule – Role of Local Bodies in Protection of Environment

Module III Principles of Environmental Law

Principles of Environmental Law - sustainable development - Public Trust -

Environmental Impact Assessment - precautionary principle - polluters’ pay - inter-
generational equity - permanent sovereignty over natural resources - Equitable
Utilisation

Module IV: International Environmental Law

A. United Nations and Environment– UN Institutions - UN conferences (from Stockholm

to Rio+20)
B. Selected international legal regimes - Climate Change Convention –Convention on
Biological Diversity – World Heritage Convention - Nuclear safety conventions and
IAEA

357
Module V: Pollution Control Laws

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

A. Enactments relating to Forests, Wildlife, Prevention of Cruelty to Animals and Bio-

diversity - Groundwater and surface water regulation – Rainwater Harvesting –
Encroachment of Water bodies – Irrigation Laws
B. Laws and Policies relating to Food Security, Organic farming, Seeds and Pesticide

Module VII Environmental Degradation, Disasters and Public Health

A. Regulation of Fisheries - Coastal Regulation – Marine Environment

B. Energy Laws -Regulation of Mines and Minerals
C. Disaster Management Act – Public Health Laws – Laws relating to Communicable
Diseases in Human and Animal Population

Module VIII Remedies for Environmental Pollution

Common Law Remedies/Remedies under Law of Tort –Penal Remedies –Indian

Penal Code and Code of Criminal Procedure -Public Liability Insurance Act –The
National Green Tribunal Act, 2010.

Statutory Materials: Bare Acts International Conventions

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)

358
Selected Articles

 Armin Rosencranz(ed) Supreme Court and India’s Forests, EPW (2008)

https://www.epw.in/journal/2008/05/commentary/supreme-court-and-indias-
forests.html
 Gitanjali Gill, “Precautionary principle, its interpretation and application by the Indian
judiciary…” Environmental Law Review (2019)
https://journals.sagepub.com/doi/full/10.1177/1461452919890283
 Glyn Williams and Emma Mawdsley, “Postcolonial environmental justice:
Government and governance in India” Geoforum 37 (2006) 660–670
 Nupur Chowdhury(ed), the National Green Tribunal in India: Examining the question
of jurisdiction, Asia Pacific Journal of Environmental Law, (2018)
https://www.teachenvirolaw.asia/sites/default/files/jurisdiction-ngt-nupur-nidhi-
2018.pdf
 Philippe Cullet(ed), “Inter-Sectoral Water Allocation and Conflicts: Perspectives from
Rajasthan” EPW (2015) http://www.ielrc.org/content/a1503.pdf
 Sakthivel.P (ed) “Managed aquifer recharge: the widening gap between law and
policy in India,” Water Supply (2015) https://doi.org/10.2166/ws.2015.074
 Sax, Joseph L. “Public Trust Doctrine in Natural Resource Law: Effective Judicial
Intervention” Michigan Law Review (1970)
https://heinonline.org/HOL/LandingPage?handle=hein.journals/mlr68&div=32&id=&
page=
 Shibani Ghosh(ed), ‘Appellate Authorities under Pollution Control Laws in India:
Powers, Problems and Potential’,14/1 Law, Environment and Development Journal
(2018), p. 45,available at http://www.lead-journal.org/content/18045.pdf
 SujithKoonan, “Constitutionality of the Plachimada Tribunal Bill, 2011: An
Assessment” Law, Environment and Development Journal (2011) http://www.lead-
journal.org/content/11151.pdf

Recommended Case Laws

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

359
 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

After undergoing this course,

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.

360
HLC1023: LAW OF TAXATION

Objective of the Course

Taxation plays a pivotal role in meeting a variety of public expenditure by

generating majorrevenuetothegovernment.While the direct taxes levied under the provisions
of Income Tax Act has not been much on public domain for criticism, the indirect taxes
levied under various statutes was criticized for its cascading effects, which was removed by
the implementation of GST. The main object of this course is to create an understanding on
the basic aspects of taxation, both direct and indirect taxing system in India along with the
constitutionalamendments.
The Course has been designed to:
I. To explore and understand the concept of tax along with its relevance.
II. To understand the relevance and importance of the Constitution of India in
shaping the taxing statutes and tax system.
III. To explore how direct taxes are being levied and to thoroughly investigate the
steps in arriving at the taxable income.
IV. To enhance the knowledge on Goods and Services Tax (GST), the new indirect
tax regime in its true legal sense.
V. To appreciate the role of tax authorities and the importance of The Black Money
(Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.

COURSE OUTLINE

Module-I - General Introduction

a) Definition of Tax – Definition under the Constitution.
b) Evolution of Tax - Distinction between Tax and Fee, Duty, Surcharge, Toll and
Cess.
c) Mutual Relationship between Income Tax Act and Finance Act - Difference
Between Money Bill and Finance Bill.
d) Canons of Taxation
e) Taxing System – Types of Taxes – Direct – Proportional, Progressive, Regressive,
Degressive Taxation – Indirect- Specific – Ad Valorem.
f) Interpretation of Taxing Statutes – Event Theory and Aspect Theory.
g) Tax Evasion v. Tax Avoidance.

361
Module-II - Constitutional Basis of Taxing Powers
a) Constitutional Provisions relating to Taxation – Articles 246, 248, 265 & 286.
b) Doctrines such as Taxation and Equity are Stranger – Pick and Choose Rule – Pith
and Substance – Repugnancy and Inconsistency – Territorial Nexus – Unjust
Enrichment – Immunity of Instrumentality – res extra commercium.
c) Historical Development of Tax on Supply of Goods and Services (along with A
comparative study of GST in India with Brazil, Canada, Singapore and Malaysia) -
101st Constitutional Amendment.
d) Amendment of various Articles in Indian Constitution - Amendment of Sixth and
Seventh Schedules.
e) GST Council - Constitutional Limitations - Exemptions to the Levy of Goods and
Services Tax on Petroleum Products and Alcoholic Liquor for Human Consumption
- Power of the GST Council to Regulate these Goods by Notification.

Module-III - The Income Tax Act, 1961

Part I –Steps in the Determination of Taxable Income

a) Preliminaries- Concepts: ‘Income’, ‘Agricultural Income’, ‘Casual Income’,
‘Assessee’, ‘Person’,ResidentialStatus,‘PreviousYearandAssessmentYear’.
b) GeneralChargingSection and Specific Charging Sections – Income: Received –
Deemed to be Received – Arising – Accrual – Deemed to Arise or Accrue in India.
c) Income which does not form part of Total Income (Exemptions).
d) Taxability of Income under Specific Heads: i) Income from Salaries - ii) Income
from House Property - iii) Profits or Gains from Business or Profession - iv) Income
from Capital Gains - v) Income from Other Sources.
e) Clubbing of Income: Income of other Persons to be included in
Calculating in Assessee’sTotalIncome.
f) Treatment of Losses - Set off and Carry Forward ofLosses.
g) Chapter VI-A Deductions

Part II – Procedural Aspects

a) Double Taxation - Double Taxation Relief.
b) Procedure for Assessment of Tax - Assessment of Special Class of Assesses.

362
c) Search, Seizure and Adjudication.
d) Fines and Penalties – Demands & Recovery.
e) Appeals & Revision.

Module- IV – Goods and Services Tax

A. Central Goods and services Tax Act, 2017

a) Definitions
b) Levy and collection of Tax - Composition Levy
c) Scope of Supply – Kinds of Supply – Time, Place and Value of supply
d) Input Tax Credit (ITC)
e) Registration - Tax Invoice
f) Credit and Debit Notes – Returns – Payment – Refunds – Assessment – Audit.
g) Inspection, Search, Seizure and Arrest - Demand and Recovery - Liability to
Pay in Special Cases.
h) Advance Ruling, Appeals and Revision
i) Offences and Penalties
j) Transitional Provisions
k) Anti-Profiteering Measures
l) GST Compliance Rating.
B. Tamil Nadu Goods and Services Tax Act, 2017
a) Definitions
b) Levy and Collection of Taxes - CompositionLevy
c) ScopeofSupply - TaxLiabilityonCompositeandMixedSupplies - Time,
Placeandvalueofsupply
d) Powerto Grant ExemptionfromTax
e) InputTaxCredit
f) Registration
g) Tax Invoice - Credit and Debit Notes – Returns – Payment – Refunds –
Assessment – Audit
h) Inspection, Search, Seizure and Arrest, Demand and Recovery - Liability to Pay
in Special Cases
i) Advance Ruling, Appeals and Revision
j) Offences and Penalties
k) Transitional Provisions

363
l) Anti-Profiteering Measures
m) GST Compliance Rating.
C. Integrated Goods and Services Tax Act, 2017
a) Collection and Levy of Integrated Goods and Services Tax
b) Determination of Nature of Supply, Inter-state Supply and Intra-state Supply -
Location of Supply - Place of Supply of Goods and Services or both - Zero
Rated Supply.
c) Cross Utilization of Credit - Utilization of IGST Credit
d) Refund of Integrated Tax to International Tourist
e) Apportionment of Tax Revenue.
D. Significance of Union Territory Goods and Services Tax Act, 2017.
E. Significance of the Goods and Services Tax (Compensation to States) Act,
2017.
Module - V– Authorities under various Taxing Statutes
a) The Income Tax Act, 1961 – Income Tax Authorities, Powers and Functions.
b) The Central Goods and Services Tax Act, 2017 – Officers under the Act, Powers
and Functions.
c) The Tamil Nadu Goods and Services Tax Act, 2017 – Officers under the Act,
Powers and Functions.
d) The Integrated Goods and Services Tax Act, 2017 – Appointment of Officers under
the Act, Authorisation of Officers under SGST and UTGST as proper officers.
e) The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax
Act, 2015 – Tax Authorities, Powers and Functions.
Recommended Readings:
Books:

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).

364
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 101 st 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 -

365
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.

366
Cases for Guidance:
1. Indian Medical Association v. V.P. Shantha&Ors 1996 AIR 550, 1995 SCC (6) 651.
2. Mathuram Agrawal v. State of Madhya Pradesh Appeal (civil) 1990 of 1995.
3. UOI v. Azadi BachaoAndolan&Anr.(2004) 10 SCC 1.
4. A.V. Fernandez v. State of Kerala, [AIR 1957 SC 657].
5. Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613.
6. State of Travancore-Cochin v. Shanmugha Vilas Cashew Nut Factory 1953 AIR 333,
1954 SCR 53.
7. Chennai Properties and Investments Ltd. v. Commissioner of Income Tax [2015] 373
ITR 673 (SC).
8. CIT v. Smt. PelletiSridevamma 1976 105 ITR 887 AP.
9. Jagannath Hanumanbux v. ITO, (1957) 31 ITR 603 Cal.
10. Jay Bee Industries v. UOI, (CWP No.2169 of 2018 order dt. 16.11.2019).
11. Amit Cotton Industries v. Principal Commissioner of Customs (Gujarat HC).
12. Royal Care Speciality Hospital Ltd. (AAR Tamil Nadu).
13. Vinod Kumar Jain v. CIT 344 ITR 501 (P & H).
14. Chennai Properties and Investments Ltd. v. Commissioner of Income Tax [2015] 373
ITR 673 (SC).
15. Cape Brandy Syndicate v. I.R.C. (1 KB 64, 71)

Learning Outcome:

After completion of the course students will be able –

 To understand the meaning, nature and scope of tax along with its importance.
 To analyse the different kinds of taxes and understand the implications of them.
 To understand the sources of income and tax liability and exemption from tax
liability.
 To analyse the taxable event under GST and determine the levy of tax and understand
the procedural aspects embodied in both direct and indirect taxes.

367
HLA1006: COMPARATIVE LAW

Objectives of the Course

The evolution of national societies and their legal systems has progressively developed the
insights on the science of universal legal philosophy and system based approaches.
Comparative law as a field of knowledge is not a separate discipline in law. It has a
substantive value in the sense of strengthening the role of rule of law and justice in human
life by way of working on the uniformity, development and harmonisation of laws. The
current universal legal system is based on the recognition of normative principles, effectively
promoted by branches of public law systems such as international law and constitutional law.
Moreover, the evolving nature of comparative legal thought process has lead to the formation
of varied sub-systems of law and approaches. Therefore, learning comparative law and its
extended horizons of knowledge signals a need and value based approach for the students of
law.

COURSE OUTLINE

Module I: Introduction to Comparative Law

(a) Philosophy of Comparison-laws of nature and human life-conceptualisation of
comparison in law-macro and micro approaches;
(b) Classification of laws and legal systems-issues on terminology and elements of
comparative law-comparative law as a art or science or method;
(c) Comparative Law and its kinds-functions and purposes of comparative law-sources of
comparative law-comparative legal traditions-techniques and methods of comparative
law movement.
Module II: Comparative Public Law
(a) Introduction to principles of universality and human welfare, rights and duties, law as
a element of social instrument and transformation;
(b) Concepts of international public legislation and order-international common interest-
realm of universal international law and organisations-constitutionalisation of law of
united nations;
(c) Constitutional ideology, law and governance-comparative constitutional law and its
functions-doctrines of living law-democracy, constitutional rights and basic structure-
convergence of international law and constitutional law.

368
Module III: Comparative Legisprudence
(a) Relevance of Principle of unity and diversity in comparative legisprudence-concepts
of legal pluralism and positivism-global legislative drafters-comparison of legislative-
executive-judicial relations;
(b) International law making-role of international law commission and drafting world
constitutions-comparative legal reforms movement-law commissions of national legal
systems.
Module IV: Judicial Comparativism
(a) Justice as universal phenomenon-concepts of universal judicial integration, judicial
conscience, integrity and power;
(b) Comparative judicial process-role of judicial systems on the evolution of principles of
law-impact of principles of international law on national judicial institutions-
approaches to comparative judicial legislation-constitutional courts and comparative
forms of judicial review-convergence of national and international legal disputes;
(c) Comparative human rights jurisprudence of international, regional and national
judicial bodies-comparative judicial impact assessment.
Module V: Comparative Legal Philosophy
(a) Philosophy of comparative legal philosophy-epistemological approaches to legal
philosophy-impact of comparative legal scholarship movement on the fundamental
perspectives of law;
(b) Normative legal science-impact of comparative public policy on law-comparative
legal reasoning-comparative science of interpretation of statutes-role of
interdisciplinarity in comparative legal thought;
(c) Futurological insights on comparative law-harmonisation of laws and legal systems-
comparative legal research methodology.
Recommended Readings:
Books
1. H C Gutteridge (1946), Comparative Law, Cambridge University Press: United
Kingdom.
2. Rahmatullah Khan (1971), An Introduction to the Study of Comparative Law, Indian
Law Institute: New Delhi.
3. R.P. Anand (1972), Asian States and the Development of Universal International
Law, Vikas Publications: India.
4. M.P. Tandon and Rajesh Tandon (1984), Text Book on Comparative Law, Allahabad
Law Agency: India.
5. Peter de Cruz (1999), Comparative Law in a Changing World, Cavendish Publishing
Limited: Sydney.

369
Journals
1. Roscoe Pound (1951), Philosophy of Law and Comparative Law, University of
Pennsylvania Law Review, Vol. No. 100, Issue No.1, Pp.1-19.
2. A.E. Papale (1951), Why Comparative Law, Journal of Legal Education, Vol. No.3,
Issue No. 3. Pp. 384-387.
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. Duncan Berry (1997), Techniques for Evaluating Draft Legislation, The Loophole:
Published by Common Wealth Association of Legislative Counsel, Pp. 31-47.
5. Geoffrey Samuel (1998), Comparative Law and Jurisprudence, International and
Comparative Law Quarterly, Vol. No. 47, Issue No.4, Pp. 817-836.

1. C.G. Weeramantry (2003), Universalising International Law, MartinusNijhoff

Publishers: Netherlands.
2. Werner F. Menski (2006), Comparative Law in a Global Context: The Legal Systems
of Asia and Africa, Cambridge University Press:
3. T.K.Viswanathan (2007), Legislative Drafting: Shaping the Law for the New
Millinnium, Indian Law Institute: India.
4. Bardo Fassbender (2009), The United Nations Charter as the Constitution of the
International Community, MartinusNijhoff Publishers: The Netherlands.
5. Guglielmo Verdirame (2011), The UN and Human Right: Who Guards the
Guardians?, Cambridge University Press, United Kingdom.
6. M.P Singh (2011), Comparative Constitutional Law, Eastern Book Company Pvt.
Ltd.: India.
7. Rosalind Dixon (2014), Comparative Constitutional Law in Asia, Edward Elgar:
USA.
8. Onuma Yasuaki (2017), International Law in a Transcivilizational World, Cambridge
University Press: United Kingdom.
9. Erin F. Delaney and Rosalind Dixon (2018), Comparative Judicial Review, Edward
Elgar:USA.
10. George Mousourakis (2019), Comparative Law and Legal Traditions: Historical and
Contemporary Perspectives, Springer Nature: Switzerland.

Articles

1. Linda C. Reif (2000), Building Democratic Institutions: The Role of National Human
Rights Institutions in Good Governance and Human Rights Protection, Harvard
Human Rights Journal, Vol. No. 13, Pp.1-70.
2. Peter E. Quint (2001), International Human Rights: The Convergence of Comparative
and International Law, Texas International Law Journal, Vol. No. 36, Issue No.3,
Pp.605-610.
3. Caroline Nicholson (2008), Some Preliminary Thoughts on a Comparative Law
Model for Harmonisation of Laws in Africa, Fundamina, Vol. No. 14, Issue No.2, Pp.
50-65.

370
4. V.G. Hegde (2010), Indian Courts and International Law, Leiden Journal of
International Law, Vol. No. 23, Issue No.1, Pp. 53-77
5. Kenneth S. Gallani (2012), Use of Comparative Law in Determining the Customary
International Law of Human Rights, Florida Journal of International Law, Vol. No.
24, Issue No. 2, Pp. 429-438.
6. Mathias Forteau (2015), Comparative International Law within, Not against,
International Law: Lessons from the International Law Commission, American
Journal of International Law, Vol. No. 109, Issue No, 3, Pp. 498-513.
7. O.O. Merezhko (2016), The Idea of Comparative International Law, Journal of
Comparative Law, Vol. No. 11, Issue No. 1, Pp. 92-96.
8. Yvonne Tew (2017), Comparative Originalism in Constitutional Interpretation in
Asia, Singapore Academy of Law Journal, Vol. No. 29, Special Issue, Pp. 719-742.
9. DineshaSamararatne (2020), From South Africa to Sri Lanka: Prospects of Travel for
‘Transformative Constitutionalism’, Asian Journal of Comparative Law, Vol. No. 15,
Pp. 45-68.
10. Jaclyn L. NEO (2020), A Contextual Approach to Unconstitutional Constitutional
Amendments: Judicial Power and the Basic Structure Doctrine in Malaysia, Asian
Journal of Comparative Law, Vol. No. 15, Pp. 69-94.

Cases for Guidance:

1. Keshavananda Bharathi V. State of Kerala, AIR 1973 SC 1461

2. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789
3. Nakara v. Union of India, AIR 1983 SC 130
4. Velasquez Rodriguez v. Honduras (Case No. 7920), Judgment of 29 July 1988 of
the Inter-American Court of Human Rights
5. Aldridge v. Booth (1988), 80 Australian Law Reports 1
6. Case of Soering v. The United Kingdom (Application No. 14038/88), Judgment of
7 July 1989 of the European Court of Human Rights
7. Case of Jersild v. Denmark (Application No. 15890/89), Judgment of 23
September 1994 of the European Court of Human Rights
8. National Human Rights Commission v. State of Arunachal Pradesh (1996), 1 SCC
742
9. Vellore Citizen’s Welfare Forum v. Union of India, (1996) 5 SCC 647
10. Vishaka v. State of Rajasthan (1997) 6 SCC 241
11. Sakshi v. Union of India (2004) 5 SCC 518
12. Jindal Stainless Steel Ltd. & Another v. State of Haryana & Others AIR 2006 SC
2550
13. In Re: Networking of Rivers (2012) 4 SCC 51
14. In the Matter of Femi Falana v. The African Union (Application No. 001/2011),
Judgment of 26 June 2012 of the African Court on Human and People’s Rights
15. The Italian Republic v. The Republic of India Concerning The “Enrica Lexie”
Incident (PCA Case No. 2015-28), Award of 2 July 2020 of the Permanent Court
of Arbitration

371
Learning Outcome

After completion of the course students will be able to-

1. Get introduced to the specifics of the nature and scope of comparative law.
2. Understand evolutionary dimensions of law, principles of law and its relation with
human societies.
3. Acquire the ability to examine the legal systems of the world.
4. Study comparative public law and develop insights on universal normative legal
science and its applications

372
HCC1004: MOOT COURT EXERCISE AND INTERNSHIP
(CLINICAL COURSE: IV)

Objective of the Course:

Moot court participation and exercise has become a vital component in the law course. This
enables practical application of laws and the professional training to the students for owning
the skills of advocacy. Identification of facts, application of the laws, framing of issues,
elicitation of evidence, oral presentation skills and organization of arguments with
persuasive presentation are to be main emphasising components in the course. Internship
will enable the students to gain experience of visiting courts, observe proceedings, take notes
and watch advocates conducting trials, arguments, appreciation of evidence and logical
reasoning.
Moot Court Exercise and Internship
This paper may have three components of 30 marks each and a viva for 10 marks.

(A)Moot Court (30 marks)

Every student may be required to do at least three Moot Courts in a year with 10 marks for
each. The Moot Court work will be on assigned problem and it will be evaluated for 5 marks
for written submissions and 5 marks for oral Advocacy.

(B)Observance of Trial in two cases, one Civil and one Criminal (30 marks)
Students may be required to attend two Trials in the course of the last two or three years of
LL.B. studies. They will maintain a record and enter the various steps observed during their
attendance on different days in the Court assignment. This scheme will carry 30 marks.

(C) Interviewing Techniques and Pre-trial Preparations and Internship Diary (30
marks)
Each student will observe two interviewing sessions of clients at the Lawyer’s Office/ Legal
Aid Office and record the proceedings in a diary, which will carry 15 marks. Each student
will further observe the preparation of documents and Court papers by the Advocate and the
procedure for the filing of the Suit/Petition. This will be recorded in the diary, which will
carry 15 marks.

373
(D)Viva Voce Examination
The fourth component of this paper will be Viva Voce examination on all the above three
aspects. This will carry 10 marks.

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
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, 1 st Indian Reprint, Universal Law Publishing 2000
6. J Hill, Practical Guide to Mooting, 1st 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.

374

Integrated Five Year B.A. LL.B (Hons.)
No ratings yet
Integrated Five Year B.A. LL.B (Hons.)
202 pages
Law of Crimes I
No ratings yet
Law of Crimes I
16 pages
Law of Crimes-I: Crime vs. Civil Wrongs
No ratings yet
Law of Crimes-I: Crime vs. Civil Wrongs
19 pages
Reliance Mart1
No ratings yet
Reliance Mart1
78 pages
Women Empowerment
100% (1)
Women Empowerment
8 pages
Class 12 ENGLISH ALS PROJECT 1
No ratings yet
Class 12 ENGLISH ALS PROJECT 1
20 pages
Project Report On
No ratings yet
Project Report On
98 pages
M P Singh Fundamental Rights State Action and Cricket
100% (1)
M P Singh Fundamental Rights State Action and Cricket
13 pages
Njac Vs Collegium
No ratings yet
Njac Vs Collegium
3 pages
PG - LLM Semester
No ratings yet
PG - LLM Semester
79 pages
Economics of War
No ratings yet
Economics of War
19 pages
Model Act UGC Paper
No ratings yet
Model Act UGC Paper
24 pages
Managerial Economics - Notes
No ratings yet
Managerial Economics - Notes
69 pages
Globalisation and Its Impact On Marketing Strategies258
No ratings yet
Globalisation and Its Impact On Marketing Strategies258
75 pages
Presumption & Judicial Notice Law
100% (1)
Presumption & Judicial Notice Law
25 pages
Sem VII - Law of Evidence - Arun Karoriya.40
No ratings yet
Sem VII - Law of Evidence - Arun Karoriya.40
19 pages
India's Constitutional Eco-Protections
No ratings yet
India's Constitutional Eco-Protections
8 pages
Social Justice in Panchayati Raj in India
No ratings yet
Social Justice in Panchayati Raj in India
6 pages
Rule of Law The Indian Perspective and D
No ratings yet
Rule of Law The Indian Perspective and D
55 pages
All Chapters March 18, 2022
No ratings yet
All Chapters March 18, 2022
229 pages
Impact of Corona Virus On Indian Economy
50% (2)
Impact of Corona Virus On Indian Economy
6 pages
Final-Respondent Ankit Tripathi
No ratings yet
Final-Respondent Ankit Tripathi
45 pages
Banking Systems Explained
No ratings yet
Banking Systems Explained
7 pages
Globalization and Indian Economy
No ratings yet
Globalization and Indian Economy
7 pages
Mind The Gap - Navigating The Qty Qly Method - Vaid - Dutta
No ratings yet
Mind The Gap - Navigating The Qty Qly Method - Vaid - Dutta
6 pages
Impact of Rural Urban Migration On Economic Sources in Mogadishu - Challenges and Opportunities
No ratings yet
Impact of Rural Urban Migration On Economic Sources in Mogadishu - Challenges and Opportunities
56 pages
Economics Assignment
No ratings yet
Economics Assignment
20 pages
Banking Reform
No ratings yet
Banking Reform
13 pages
Role of NGOs in India
No ratings yet
Role of NGOs in India
17 pages
Research Project (Hemant Singh)
No ratings yet
Research Project (Hemant Singh)
23 pages
EWS Judgement 07 Nov 2022
No ratings yet
EWS Judgement 07 Nov 2022
399 pages
Right To Information Act A Tool For Good Governance and Social Change Through Information Technology
No ratings yet
Right To Information Act A Tool For Good Governance and Social Change Through Information Technology
6 pages
Caste Inequality in Indian Education
No ratings yet
Caste Inequality in Indian Education
13 pages
ICL Project 7th Semester
No ratings yet
ICL Project 7th Semester
18 pages
Planning Commission of India PDF
No ratings yet
Planning Commission of India PDF
3 pages
G20 Summit Comprensive Overview
No ratings yet
G20 Summit Comprensive Overview
5 pages
Vidhi Centre For Legal Policy Report
No ratings yet
Vidhi Centre For Legal Policy Report
22 pages
Format Research Proposal
No ratings yet
Format Research Proposal
10 pages
Contemporary Skills Lab (Paper Code: 151)
No ratings yet
Contemporary Skills Lab (Paper Code: 151)
34 pages
Mahila Shakti Kendra Scheme
No ratings yet
Mahila Shakti Kendra Scheme
7 pages
UNIT - IX Critical Appraisal of Five Year Plans
No ratings yet
UNIT - IX Critical Appraisal of Five Year Plans
27 pages
Environmental Law Course Guide
No ratings yet
Environmental Law Course Guide
6 pages
Minnow Brook III
100% (5)
Minnow Brook III
1 page
Judicial Control of Delegated Legislation in India - V. N Shukla
No ratings yet
Judicial Control of Delegated Legislation in India - V. N Shukla
19 pages
Legal History
No ratings yet
Legal History
23 pages
Gs 2 Decoded
No ratings yet
Gs 2 Decoded
9 pages
Beti Bachao Beti Padhao (BBBP) Beti Bachao Beti Padhao (BBBP) Beti Bachao Beti
No ratings yet
Beti Bachao Beti Padhao (BBBP) Beti Bachao Beti Padhao (BBBP) Beti Bachao Beti
28 pages
Sri Satya Sai University Courses List & Fee Structure Final
No ratings yet
Sri Satya Sai University Courses List & Fee Structure Final
7 pages
Prof. (DR.) Mahendra Pal Singh, Constitutionalism
No ratings yet
Prof. (DR.) Mahendra Pal Singh, Constitutionalism
17 pages
Environment Law - Tanya
No ratings yet
Environment Law - Tanya
24 pages
History
No ratings yet
History
111 pages
Economics Project Term 2
No ratings yet
Economics Project Term 2
24 pages
(Final Draft) ON: S D C I N S
No ratings yet
(Final Draft) ON: S D C I N S
16 pages
LLM Report: Natural Justice Doctrine
No ratings yet
LLM Report: Natural Justice Doctrine
26 pages
Role of International Institutions or Organization in Protection of Norms of International Law
No ratings yet
Role of International Institutions or Organization in Protection of Norms of International Law
10 pages
One Nation, One Election Analysis
No ratings yet
One Nation, One Election Analysis
11 pages
The Rhodes Scholarship 2013 India Memorandum
No ratings yet
The Rhodes Scholarship 2013 India Memorandum
6 pages
India-Bangladesh Relations Analysis
No ratings yet
India-Bangladesh Relations Analysis
25 pages
07R (Respondent) - CMR Moot 2020
No ratings yet
07R (Respondent) - CMR Moot 2020
23 pages
Ballb (Hons)
No ratings yet
Ballb (Hons)
371 pages
6 School Profile 2024-2025
No ratings yet
6 School Profile 2024-2025
2 pages
Dollerup, Cay - Teaching Translation and Interpreting 3
No ratings yet
Dollerup, Cay - Teaching Translation and Interpreting 3
173 pages
Master in Development Management (MDM) Program Brochure - 2024 Intake
No ratings yet
Master in Development Management (MDM) Program Brochure - 2024 Intake
6 pages
Advertisement For Academic Staff Positions
No ratings yet
Advertisement For Academic Staff Positions
8 pages
Approval Sheet I
No ratings yet
Approval Sheet I
10 pages
Induction Programme 2025-2026
No ratings yet
Induction Programme 2025-2026
18 pages
B.tech Mini Project Front Pages
No ratings yet
B.tech Mini Project Front Pages
3 pages
RGIPT - Faculty Recruitment PDF
No ratings yet
RGIPT - Faculty Recruitment PDF
14 pages
Unrated SY 2022-2023 Highly Proficient Teacher IPCRF
No ratings yet
Unrated SY 2022-2023 Highly Proficient Teacher IPCRF
19 pages
Master Teacher Evaluation Guide
No ratings yet
Master Teacher Evaluation Guide
14 pages
Rev - handBOOK-revised Rules and Regulations - 27052025
No ratings yet
Rev - handBOOK-revised Rules and Regulations - 27052025
36 pages
Contents Page
No ratings yet
Contents Page
97 pages
1682830350BBASyllabus 6.3.23upload
No ratings yet
1682830350BBASyllabus 6.3.23upload
114 pages
Judicial Clemency for Lawyers
50% (2)
Judicial Clemency for Lawyers
11 pages
Abhishek Bhattacharjee: Marketing Manager Resume
No ratings yet
Abhishek Bhattacharjee: Marketing Manager Resume
4 pages
Presentation On Software Engineering
No ratings yet
Presentation On Software Engineering
10 pages
NIW Ebook
100% (3)
NIW Ebook
82 pages
CV - Nabila Dwitya Putri
No ratings yet
CV - Nabila Dwitya Putri
2 pages
Case #21 Morales vs. Subido, G.R. No. L-29658, November 29, 1968
No ratings yet
Case #21 Morales vs. Subido, G.R. No. L-29658, November 29, 1968
14 pages
Notes To Schools 2024-2025 Final
No ratings yet
Notes To Schools 2024-2025 Final
68 pages
The Scheme of Research Fellowships in DRDO: To To To To To To To
No ratings yet
The Scheme of Research Fellowships in DRDO: To To To To To To To
1 page
Telangana State Public Service Commission Group-Iii Services NOTIFICATION NO. 29/2022, DATED: 30/12/2022
No ratings yet
Telangana State Public Service Commission Group-Iii Services NOTIFICATION NO. 29/2022, DATED: 30/12/2022
3 pages
Rice University Data Overview
No ratings yet
Rice University Data Overview
32 pages
HR Bid Invitation for NHM HP
No ratings yet
HR Bid Invitation for NHM HP
30 pages
(Sample of Master's Thesis Title Page) : Differential Equations On Two Lines
No ratings yet
(Sample of Master's Thesis Title Page) : Differential Equations On Two Lines
11 pages
Prospectus2010 11
100% (1)
Prospectus2010 11
68 pages
Project Policy 2018
100% (7)
Project Policy 2018
13 pages
Bellerbys Accounting and Finance Career Brochure
No ratings yet
Bellerbys Accounting and Finance Career Brochure
16 pages
Revised Admission Schedule
No ratings yet
Revised Admission Schedule
4 pages
RITES Ltd: Contract Engineering Jobs
No ratings yet
RITES Ltd: Contract Engineering Jobs
13 pages