Professional Documents
Culture Documents
U.G . S E M E S T E R - V I
Student’s Corner:
I
ANNEXURE -II
Controller of Examination
II
ANNEXURE -III
III
ANNEXURE –III (CONTD.)
IV
ANNEXURE -IV
LIST OF SUBJECTS
5 Sociology III- Law and Society Humanities and Dr. Asha Bhandari 39-44
Social Sciences
6 Economics-III Theories of Humanities and Dr. Kranti Kapoor 45-51
Development and Indian Social Sciences
Economy
7 Operational Management III Management Dr. Archi Mathur & 52-57
(Business Communication and Dr. V. Leela
Business Ethics)
8 Finance III (Financial Management Dr. Ruchi Bhandari 58-62
Management)
V
Course Curriculum
Law of Torts, MV Act and Consumer Protection| 6 Credits |
Session : January-May 2020 | Faculty : Rohan Cherian Thomas|
Class: BA/BBA LLB II SEMESTER
A. INTRODUCTION
Tort means the breach of some duty, independent of contract, giving rise to a civil cause of
action and for which damages are recoverable. Students must already be familiar with certain
terms such as negligence and defamation which are used in common lingo. These terms
indicate a wrongful act against which the party affected can seek a remedy through civil
action.
The course provides a framework for understanding various types of torts. Students will be
familiarised with the essential requirements necessary to constitute these torts along with
their intricacies and development through cases. Further, once identified, the course
facilitates the learning of how to seek remedies for torts effectively. The course shall also
cover Motor Vehicles Act and Consumer Protection Law.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[C.O.1] Understand the need for tort.
[C.O.2] Appreciate the nuances in different types of tort.
[C.O.3] Identify a tort.
[C.O.4] Understand the manner of initiation of civil action against tort.
[C.O.5] Understand the justifications for tort.
[C.O.6] Clearly understand the manner of determination of damages and other remedies.
[C.O.7] Demonstrate conceptual clarity with respect.
[C.O.8] Show the ability to incorporate duty of care towards one another in one’s daily
routine.
[C.O.9] Demonstrate the ability to reach out to the field and find solutions to practical issues
pertaining to application of tort.
C. PROGRAM OUTCOMES
[PO.1].Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in
domestic and international law contexts;
[PO.2].Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3].Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4].An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation of
clients, performance of duties as an officer of the courts, and behaves in a sensitive manner
toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
1
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships,
and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
PART I
TOPIC 1: INTRODUCTION
• Nature, Definition and Constituents of Torts
• Ubi Remedium Ibi Jus- Ubi Jus Ibi Remedium
• Injuria sine Damno- Damnum sine Injuria
• Tort, Contract, Crime and Breach of Trust distinguished
• Act or Omission
• Voluntary and Involuntary Acts
• Mental Elements
• Malfeasance, Misfeasance and Nonfeasance
• Fault
Case Laws:
1. Ashby v. White (1703) 2 Ld. Raym. 938.
2. Acton v. Blundell (1843) 12 M & W 324.
3. Smith v. L & S W Rly Co. (1870) LR 6 C.P. 14.
4. Mayor of Bradford v Pickles 1895 AC 587.
5. Wilkinson v. Downtown (1897) 2 QB 57.
6. The Municipal Board of Agra v. Asharfial AIR 1922 All 1.
7. Haynes v. Harwood (1935) 1 KB 146.
8. White v. John Warwick & Co. Ltd. (1953) 2 WLR 1285.
9. Hughes v. Lord Advocate (1963) 1 All E R 705.
10. Rookes v. Barnard (1964) AC 1027.
11. Town Area Committee v. Prabhu Dayal AIR 1975 All. 132.
2
12. Ushaben v Bhagyalaxmi Chitra Mindir AIR 1978 Guj. 13.
13. Bhim Singh v State of J & K, [AIR 1986 SC 494].
14. Jayalakshmi Salt Works Pvt Ltd. v. State of Gujrat (1994) 4 SCC 1.
15. State of Andhra Pradesh v. Govardhanlal Pitti (2003) 3 SC ALE 107.
TOPIC 2: CAPACITY TO SUE OR BE SUED
• Act of State
• Minors
• Corporations
• Lunatic
• Alien enemy
• Insolvent
• Convict
• Joint and Independent Tort Feasors
Case Laws:
1. Merryweather v. Nixan (1799) 8 TR 186.
2. Walker v. G N Railway and Co. of Ireland (1861) L.R. Ir. 69.
3. Campbell v. Paddington Corporation (1911) 1 KB 869.
4. Robinson v. Post Office (1974) All E R 737.
5. Naval Kishore v. Rameshwar AIR 1995 All 594.
3
4. Hall v. Brooklands Auto Racing Club (1932) 1 KB 205.
5. Haynes v. Harwood (1935) 1 KB 146.
6. Ramchand Ram Nagaram Rice & Oil Mills Ltd. v. Municipal Commissioner of Purilla
Municipality (1943) ILR 22 Pat 359.
7. Wooldridge v. Summer (1962) 2 All E R 978.
8. Gillick v. West Norfolk & Wiseback Area Health Authority (1985) 3 All E R 402.
9. Reeves v. Commission of Police of the Metropolitan (1998) 2 All E R 381.
PART II
TOPIC 6: VICARIOUS LIABILITY
• Principles on which vicarious liability is based:
• Qui Facit Per Alium Facit Per Se
• Respondeat superior
• Modes of vicarious liability:
4
• Liability by ratification
• Liability arising out of special relationship
• Liability for abetment
• Master and Servant
• Independent Contractor
• Vicarious Liability of State
Case Laws:
1. Lister v. Hesley Hall (1856) 1 D & B 118.
2. Peninsular and Oriental Navigation Company v. Secretary of State for India (1861) 5 Bom.
HCR App. 1, p.1.
3. Tarry v. Ashton (1876) 1 QBD 314.
4. Hillyer v St. Bartholomew’s Hospital [(1909) 2 K.B. 820].
5. Lloyd v. Grace Smith & Co. (1912) AC 716.
6. Mersery Docks and Harbour Board v. Coggins & Griffith (Liverpool) Ltd. (1947) AC 1.
7. Cassidy v Ministry of Health [(1951) 1 All. E.R. 574].
8. State Bank of Rajasthan v. Vidyawati AIR 1962 SC 933.
9. Kasturilal Ralia Ram Jain v. State of UP AIR 1965 SC 1039.
10. State Bank of India v. Shyama Devi AIR 1978 SC 1263.
11. N Nagendra Rao & Co. v. State of A.P. AIR 1994 SC 2663.
12. Chairman Railway Road v. Chandrina Das AIR 2000 SC 988.
TOPIC 7: REMEDIES
• Kinds and Measure of Damages
• Injunction
• Specific Restitution
• Joint and Several Tort-Feasors
• Contribution between Wrong-Doers
• Remedies under the Constitution
Case Laws:
1. Scott v. Shepherd (1773) 2 WBI 892.
2. Merryweather v. Nixan (1799) 8 TR 186.
3. Lord v. Pacific Steam Navigation Co. Ltd.; The Oropesa (1943) 1 All ER 211 (CA).
4. Overseas Tankship (UK) Ltd. v. Morts Dock & Engineering Co. (Wagon Mound No 1)
(1961) 1 All ER 404.
5. Smith v. Leech Brain & Co. Ltd. (1962) 2 QB 405.
6. Overseas Tankship (UK) Ltd. v. Morts Dock & Engineering Co. (Wagon Mound No 2)
(1966) 2 All ER 709.
7. McGhee v. National Coal Board (1972) 3 All ER 1008.
8. Robinson v. The Post Office (1974) 2 All ER 737.
5
9. Chaurasiya & Co. v. Smt. Pramila Rao (1974) ACJ 481 (MP).
10. Emeh v. Kensington and Chelsea and Westminster Area Health Authority (1984) 3 All
ER 1044 (CA).
11. Jolly v. Sutton London Borough Council (2000) 3 All ER 409 (HL).
12. Late Wadhwa and Ors. v. State of Bihar MANU/SC/0456/2001.
13. Simmons v. British Steel Plc (2004) UKHL 20.
14. Barker v. Saint Gobbain Pipelines plc (2005) 2 All ER 661 (CA).
15. Yadava Kumar v. Divisional Manager, National Insurance Company Limited (2010) 10
SCC 341.
TOPIC 8: NEGLIGENCE
• Definition and essentials of Negligence
• Res Ipsa Loquitur
• Rule of Strict Liability, Essential Elements and Defences
• Rule in Rylands v. Fletcher – evolution and other aspects for understanding
• Mass Tort Action: Bhopal Gas Tragedy – Present Legal Position
• Difference between Absolute and Strict Liability
• Occupiers of Premises
• Persons in-charge of Children
• Persons Professing to have Greater Skill
• Keepers of Dangerous Animals
• Dangerous Goods
• Contributory Negligence
• Nervous Shock
• Breach of Statutory Duties
• Master’s Liability to Servant
• Burden of Proof in Actions of Negligence
• Contracting out of Liability for Negligence
• Negligent Misstatement
• Medical Negligence
Case Laws:
1. Rylands v. Fletcher (1868) LR 3 HL 330.
2. Heaven v. Pender (1883) 11 QBD 503.
3. Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256.
4. Greencock Corp. v. Caledonian Railway (1917) AC 556.
5. Donoghue v. Stevenson (1932) AC 562.
6
6. Grant v. Australian Knitting Mills (1936) AC 85.
7. Read v. Lyons & Co. (1947) AC 156.
8. Bolton v.Stone (1951) AC 850.
9. Bolan v. Friern Hospital Management Committee (1957) 1 WLR 582.
10. Baker v. T E Hopkins & Sons (1959) 1 WLR 966.
11. Municipal Corporation of Delhi v. Subhagwati AIR 1966 SC 1750.
12. Hucks v. Cole (1968) 118 New LJ 469.
13. Dr. Lakshman Balkrishna Joshi v. Dr. Trimbak Bapu Godbole MANU/SC/0362/1968.
14. Fletcher v. Western National Life Insurance Co.[1970] 10 CA 3d 376.
15. State of Mysore v. Ramachandra (1970) 73 Bom. LR 732.
16. M C Mehta v. Union of India (Oleum Oil Case) AIR 1978 SC 1086.
17. Allen v. Gulf Oil Refinery Ltd (1981) 1 All E R 353.
18. Maynard v. West Midlands Regional Health Authority [1985] 1 All ER 635.
19. Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakash AIR 1990 A.P 207.
20. Murphy v. Birmingham Waterworls (1990) 2 All E R 269.
21. UCC v. Union of India (Bhopal Gas Leak) AIR 1990 SC 273.
22. Charan Lal Sahu v. Union of India, AIR 1990 SC 1480.
23. Alcock v. Chief Constable of South Yorkshire (1991) 4 All E R 907.
24. Cambridge Water Works Co. v. Eastern Countries Leather (1994) 1 All E R 53
25. Lucknow Development Authority v. M K Gupta AIR 1994 SC 787.
26. Page v. Smith (1995) 2 All E R 298.
27. Bolitho v. City and Hackney Health Authority (1996) 4 All ER 771.
28. Indian Medical Association v. V P Shantha AIR 1996 SC 550.
29. Poonam Verma v. Aswin Patel MANU/SC/0530/1996.
30. Rajkot Municipal Corporation v. Manjulaben Jayantilal Nukum (1997) 9 SCC 552.
31. M/s Spring Meadows Hospital v. Harjot Singh Anluwalia AIR 1998 SC 1801.
32. Union of India v. United India Insurance AIR 1998 SC 640.
33. Municipal Corporation of Delhi v. Sushil Devi AIR 1999 SC 1929.
34. Association of Victims of Upahar Tragedy v. Union of India 86 (2000) DLT 246.
35. M P Electricity Board v. Sahil Kumar AIR 2002 SC 551.
36. Association of Victims of Uphaar Tragedy v. UOI 2003 ACJ 1631.
37. Jacob Mathew v. State of Punjab MANU/SC/0457/2005.
38. Nizam’s Institute of Medical Sciences v. Prashant S. Dhananka MANU/SC/0803/2009.
TOPIC 9: DEFAMATION
• Kinds of Defamation: Libel and Slander
• Defences
• Remedies
Case Laws:
1. Morrison v Ritihie & Co.,(1902).
2. Hulton & Co. v. Jones: 1910 AC 20.
3. Cassidy v. Daily Mirror (1929) 2 KB 331.
4. Surendra Nath v. Bageshwari Prasad AIR 1961 Pat 164.
5. Narayanan v. Narayanan: AIR 1966 All 377.
6. R K Karanjia v. K M D Thakersey AIR 1970 Bom 424.
7. T.J.Ponnem v. M.C.Verghese AIR 1970 SC 1876.
7
8. D.P.Choudary v. Manjulata (AIR 1997 Raj 70).
9. S.N.M Abdi v. Prafulla Kumar Mohanta (AIR 2002 Gouhati 75).
10. Campbell v. MGN Ltd., 2004 INDLAW HL 97.
8
TOPIC 13: TORTS TO INCORPOREAL PERSONAL PROPERTY
• Unfair Competition
• Passing Off
Case Laws:
1. Inland Revenue Commissioners v. Mueller & Cos Margarine Ltd. [1901] SVC 25.
2. Reckitt & Colman Ltd. v. Borden Inc. [1990] 1 All E.R. 873.
3. Colgate-Palmolive India Ltd. v. Anchor Health and Beauty Care Pvt. Ltd. 2009 (40) PTC
653 (Mad.).
9
• Intentional Infliction of Mental Suffering
• Misuse of Private Information
• Fraud and Negligent Misstatement
Case Laws:
1. Lumley v. Gye (1853) 22 LJBQ 463.
2. Derry v. Peek (1889) 14 App Case 337.
3. D.C. Thompson & Co. Ltd. v. Deakin (1952) 1 Ch 646.
4. Rookes v. Barnard (1964) AC 1129.
5. Rohtas Industries Ltd. v. Rohtas Industries Staff Union (1976) 2 SCC 82.
6. Smith New Court Securities Ltd. v. Scrimgeour Vicker (Asset Management) Ltd. (1996)
4 All ER 769.
7. Rhodes v. OPO [2015] UKSC 32.
8. Vidal-Hall v. Google [2015] EWHC Civ 311.
PART III
TOPIC 17: CONSUMER PROTECTION ACT, 1986
• Objective and the Legislative History
• Scope Nature and Function of Tribunals
• Definitions under the Act
• Nature of Liability
• Key Concepts
o Consumer
o Goods
o Services
o Defect & Deficiency
o Restrictive trade practice & Unfair trade practice
• Consumer Dispute Redressal Machinery
• Contemporary Issues in Consumer Protection
Case Laws:
A. Consumer
1. Akhil Bhartiya Grahak Panchayat v. State of Gujarat MANU/CF/0262/1993.
2. Lucknow Development Authority v. MK Gupta MANU/SC/0178/1994.
3. The Tamil Nadu Housing Board v. AV Ramakrishnan MANU/CF/0301/1994.
4. Kores India Ltd. v. Samir Purkayastha MANU/CF/0109/1996.
5. Jay Kay Puri Engineers v. Mohan Breweries and Distilleries Limited
MANU/CF/0234/1996.
6. Shri Laxmi Cotton Traders Ltd. v. Central Warehousing Corporation
MANU/CF/0041/1996.
7. Hindustan Motors Ltd. v. Narayan Pundalik Tamankar MANU/CF/0195/1996.
8. Cheema Engineering Services v. Rajan Singh MANU/SC/0990/1997.
9. Steel Authority of India v. Malay Kumar Pal MANU/CF/0116/1997.
10. Regional Provident Fund Commissioner v. Shiv Kumar Joshi MANU/SC/0774/1999.
11. Kalpavruksha Charitable Trust v. Toshniwal Brothers (Bombay) Pvt. Ltd.
MANU/SC/0664/1999.
12. Charan Singh v. Healing Touch Hospital MANU/SC/0588/2000.
10
13. Y Yasodhamma v. Suptdt. of Prohibition and Excise MANU/CF/0131/2002.
14. Major Rajendran Gopalan Menon v. State Bank of India MANU/CF/0220/2005.
C. Goods/Defect
D. Services/Deficiency
• Airlines
• Railways
• Medical
• Legal
• Educational
• Electricity
• Insurance
Case Laws:
A. Airlines
11
2. Shobha Global v. Air India MANU/CF/0029/1995.
3. Station Manager, Indian Airlines v. Dr. Jiteshwar Ahir MANU/CF/0216/1996.
4. M/s Indian Airlines, Delhi v. SN Seth MANU/CF/0084/2002.
5. Gargi Parsai v. KLM Royal Dutch Airlines MANU/CF/0351/2003.
6. Geeta Jethani &Others v.Airport Authority of India MANU/CF/0044/2004.
7. Antonio Jao Fernandes v. Flight in Charge, Jey Airways MANU/SJ/0006/2004.
8. Lufthansa German Airlines v. Rish Bajoria MANU/CF/0036/2007.
9. Indian Airlines v. Femina Zai MANU/CF/0164/2007.
10. Air India Ltd. V. Vinayak Nagesh Shrikhande MANU/CF/0320/2008.
11. Ethiopian Airlines v. Ganesh Narain Saboo MANU/SC/0975/2011.
B. Railways
C. Medical
1. Brig. AS Sibia (Retired) v. Union of India MANU/CF/0078/2002.
2. Rabinarayan Sahoo v. Dr. B. Jayaram Patra I (2004) CPJ 3 NC.
3. Pasumarthy Narayana and Anr v. Apollo Hospital Enterprises MANU/CF/0055/2004.
4. Mam Chand v. GS Mangat of Mangat Hospital MANU/CF/0003/2004.
5. Gouri Shankar Padhi and Ors. v. State of Orissa and Ors. MANU/CF/0513/2006.
6. Malay Kumar Ganguly v. Sukumar Mukherjee MANU/SC/1416/2009.
7. Alfred Benddict v. Manipal Hospital MANU/SC/0779/2014.
8. Arun Kumar Manglik v. Chirayu Health and Medicare Pvt Ltd MANU/SC/0202/2019.
9. Shoda Devi v. DDU/Ripon Hospital Shimla MANU/SC/0344/2019.
D. Legal
E. Educational
1. Oza Nirav Kanubhai v. Centre Head Apple Industries Ltd. (1992) 1 CPR 736.
2. N. Taneja v. Calcutta District Forum AIR 1992 Cal 95.
3. Central Academy Educational Society v. Gorav Kumar (1996) 3 CPJ 230.
12
4. Jai Kumar Mittal v. Brilliant Tutorials (2005) 4 CPJ 156 (NC).
5. Maharshi Dayanand University v. Ruchika Jain (2006) 3CPR 18 (NC).
6. Bihar School Examination Board v. Suresh Prasad Sinha (2009) 8 SCC 483.
7. Buddhist Mission Dental College and Hospital v. Bhupesh Khurana (2009) 4 SCC 473.
8. Maharshi Dayanand University v. Surjeet Kaur (2010) 11 SCC 159.
9. Mukesh Gupta v. Kiran Thakur 2010 SCC Online NCDRC 207.
10. PT Koshy v. Ellen Charitable Trust (2012) 3 CPC 615 (SC).
11. K Rajendran v. CSI Ewart Matriculation Higher Secondary School 2012 SCC Online
NCDRC 468.
12. Birla Institute of Technology & Science v. Abhishek Mengi (2013) 2 CPJ 681 (NC).
13. FIITJEE Ltd. v. S. Balavignesh (2015) 3 CPJ 112 (NC).
14. Fakhre Alam v. Amity Business School 2015 SCC Online NCDRC 1839.
15. Amrita Raisagar v. Rai Foundation College and Ors. MANU/SG/0008/2017.
F. Electricity
G. Insurance
PART IV
TOPIC 19: THE MOTOR VEHICLES ACT 1988
• Driving License
• Registration Certificate
• Compulsory Insurance
• With and without Fault liability
• Compensation payable under the Act
• Insurer’s liability/3rd party risks
• Calculation of Damages
• Penalties
Case Laws:
13
6. Andhra Pradesh State Road Transport Co. V. P. Venkat Rao MANU/AP/1570/2001.
7. Kaushnuma Begum v. The New India Assurance Co Ltd. MANU/SC/0002/2001.
8. Pallavan Transport Corporation v. M. Jagannathan (2002) 9 SCC 728.
9. National Insurance Co.Ltd. v. Pranay Sethi MANU/SC/1366/2017.
10. Shamanna and Ors. v. The Divisional Manager, The Oriental Insurance Co. Ltd.
MANU/SC/0828/2018.
11. Vimla Devi and Ors. v. National Insurance Company Ltd. MANU/SC/1290/2018.
12. Sudarshan Puhan v. Jayanta Ku. Mohanty MANU/SC/1029/2018.
13. New India Assurance Company Ltd. v. Bapi Debbarma MANU/SC/0125/2018.
14. Prakash Chand Daga v. Saveta Sharma MANU/SC/1487/2018.
15. Ramla v. National Insurance Company Limited MANU/SC/1362/2018.
16. Kalim Khan v. Fimidabee MANU/SC/0677/2018.
17. Magma General Insurance v. Nanu Ram MANU/SC/1012/2018.
18. Naveen Kumar v. Vijay Kumar MANU/SC/0077/2018.
19. National Insurance Co. Ltd. v. Ashalata Bhowmik and Ors. MANU/SC/0925/2018.
2. REFERENCE BOOKS
a) Clerk and Lindsel, Clerk and Lindsell on Torts, Professor Michael Jones(ed.), (Sweet &
Maxwell, 22nd edn., 2017).
b) Margaret Brazier and John Murphy, Street on Torts (Butterworths Publication, 10th edn.
1999).
c) Salmond and Heuston, The Law Of Torts, Revised by Heuston, R.V.F & R A Buckley,
(Universal Law Publishing Co., New Delhi, 20th edn. Reprint 2002).
G. Lecture Plan:
14
11-13 Death in Relation to Torts Lecture, Self Study and
Discussion
14-16 Discharge of Torts Lecture, Self Study and
Discussion
17-18 Vicarious Liability Lecture, Self Study and
Discussion
19-23 Remedies Lecture, Self Study and
Discussion
24-28 Negligence Lecture, Self Study and
Discussion
29-32 Defamation Lecture, Self Study and
Discussion
33-35 Trespass to Person Lecture, Self Study and
Discussion
36-38 Tort to Realty or Immovable Lecture, Self Study and
Property Discussion
39-41 Torts to Personality or Lecture, Self Study and
Movable Property Discussion
42-44 Torts to Incorporeal Personal Lecture, Self Study and
Property Discussion
45-47 Nuisance Lecture, Self Study and
Discussion
48-49 Malicious Proceedings Lecture, Self Study and
Discussion
50-51 Miscellaneous Torts Lecture, Self Study and
Discussion
52-60 Consumer Protection Law Lecture, Self Study and
Discussion
61-66 Motor Vehices Act Lecture, Self Study and
Discussion
Total Hours : 80 Hours
Total Lectures : 66 Hours
CRE : 10 Hours
Continuous Assessment : 4 Hours
15
Course Curriculum
General Principles of International Trade Law | 6 Credits |
Session: January- April 2020 | Faculty: Dr. Bipin Kumar
Class: BA/BBA LLB VI SEMESTER
A. Introduction:
This course is designed to introduce the student to the legal system governing international
economic transactions and international economic relations, particularly centered on the World
Trade Organization, the most significant institution for international trade relations and its
annexed treaties. The course encourages an understanding of the system through the study of
original materials in a systematic way, designed for students who may practice in the subject area
(either in private firms or government positions), or for students who would like to have an
understanding of the system for personal, scholarly, or for leadership reasons.
Since last three to four decades, liberalization, privatization and globalization of national
economies have become a worldwide phenomenon. With the growing economic interdependence
of the world, understanding this system is increasingly becoming more important. This
interdependence has resulted in an unprecedented growth in the volume of international trade
and cross-border economic exchanges. Until recently, international trade was regulated by
disparate legal regimes, but with the establishment of the World Trade Organization (WTO),
international trade in all its conceivable dimensions is sought to be regulated by the unified and
global legal regime instituted by the WTO. This legal regime administers the trade agreements
negotiated by its Members, in particular the General Agreement on Tariffs and Trade (GATT),
the General Agreement on Trade in Services (GATS) and Agreement on Trade Related Aspects
of Intellectual Property Rights (TRIPS). The underlying philosophy of the WTO is that open
markets and non- discrimination are conducive to the national welfare of all countries. The
raison d’etre of the WTO is to reduce both their own trade barriers and those of the foreign
markets. Its primary functions are to be a focal point for the negotiations of binding agreements
to reduce trade barriers and agree on disciplines for policies affecting international trade and to
provide a mechanism though which WTO Members can enforce these negotiated commitments.
B. Course Outcomes
[CO.1]. The principal objective of the course is to provide students with a good
grounding in the fundamental concepts, procedures and practice followed by the World
Trade Organisations with some experience in particular details. The interface between
WTO and RTAs will also be examined.
[CO.2]. To analyze the interdependence between the members of the WTO & WIPO
Contracting Parties by imparting comprehensive knowledge regarding Intellectual
Property Rights in the areas of Patents, Copyrights, Trademarks, Designs and
1
Geographical Indications including Plant Varieties, Biological Diversity and Inventions
relating to Information Technology.
[CO.3]. Responding to Theoretical, Doctrinal, Textual or Empirical Questions relating to
trade in services in the background of developments in the field of International Law
relating to Trade and Services.
[CO.4]. To understand the conceptual, theoretical and political foundations of WTO
dispute settlement- specifically, from a developing country perspective. The objective is
to churn out the judicial process and the procedural fair-play, including the effectiveness
(or lack thereof) of remedies available under WTO settlement mechanism, specifically
keeping in mind the needs and its impact on developing countries.
C. Programme Outcomes
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. Assessment Plan
2
E. Curriculum
• Concept of Non-discrimination
• Most Favoured Nations principle
• National Treatment obligations
• Issue of ‘Like Products’
3
• Customs valuation rules
• Rules of Origin of the products
• Imposition of Quantitative Restrictions
• Import Licensing.
• State Trading enterprises
4
• Compulsory Licensing of IPRs
• Enforcement of the IPRs
• Relationship between TRIPS and WIPO
• Recent emerging IPRs
• IPRs and Competition Linkage
• India and TRIPS obligations
• WTO Secretariat, The Legal Texts: The Results of the Uruguay Round of Multilateral
Trade Negotiations, Cambridge University Press, 2002
Reference Books:
1. Andreas Lowenfeld, International Economic Law 2nd rev ed. (Oxford: Oxford University
Press, 2008), ISBN: 9780199226948
2. Barfield, C. E. (2001) Free Trade, Sovereignty, Democracy: The Future of the World Trade
Organization, Washington, D.C.: AEI Press.
3. Barton, J. H., Goldstein, J. L., Josling, T. E. and Steinberg, R. H. (2006) The Evolution of the
Trade Regime, Princeton: Princeton University Press.
4. Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System
(Oxford: Oxford University Press, 1995)
5. B S Chimni, The World Trade Organisation, Democracy and Development: A view from the
South, 40(1) JWT, 5-36, 2005
6. Jeffrey J. Schott, The Uruguay Round: An Assessment (Washington: Institute for
International Economics, 1995), 3-39.
7. Joel P. Trachtman, THE INTERNATIONAL ECONOMIC LAW REVOLUTION, Journal
of International Economic Law, spring, 1996, University of Pennsylvania, USA.
8. John H. Jackson, The World Trading System: Law and Policy of International Economic
Relations, 2d edition (Cambridge: MIT Press, 1997), 1-30, 133-148, and 189-202.
9. John H. Jackson, Sovereignty, the WTO and Changing Fundamentals of International Law,
Cambridge University Press, 2006
5
10. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970), 257-273.
11. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
12. Matthias Herdegen, Principles of International Economic Law, Oxford University Press,
2013 Pp.25-53
13. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
14. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010
15. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
16. John Croome, Reshaping the World Trading System, Kluwer Law International, 2004.
17. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on Tariffs and
Trade, Sweet & Maxwell Publication, 2013
18. Prof. Raj Bhalla, World Trading System, Lexis-Nexus Publication, London, 2003
19. Won-Mog Choi, ‘Like Products’ in International Trade Law –Towards a Consistent
GATT/WTO Jurisprudence, Oxford University Press, 2003
20. John H. Jackson, The World Trading System Law and policy of International Economic
Relations, Second ed, The MIT Press, Cambridge, Massachusetts, London, England, 2000.
21. Petros C. Mavroidis, The Trade in Goods, Oxford University Press, 2008.
22. Daniel C. Esty, Greening the GATT: Trade, Environment, and the Future Institute for
International Economics Washington, D.C. 1994.
23. Ernest Ulrich Petersmann, The GATT/WTO Dispute Settlement System-International Law,
International Organisations and Dispute Settlement, Kluwer Law International,2003
24. Ernest Ulrich Petersmann, International Trade Law and the GATT/WTO Dispute Settlement
System, Kluwer Law International ,1997
25. Jackson John. H. (2000): The Jurisprudence of GATT and the WTO, Cambridge, UK
2000.
26. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on Tariffs and
Trade, Sweet & Maxwell Publication, 2013
27. Bipin Kumar, WTO Dispute Watch, Disputes of 2009, Centre for WTO Studies, Indian
Institute of Foreign Trade, New Delhi
28. Bipin Kumar, WTO Dispute Watch, Disputes of 2010,Centre for WTO Studies, Indian
Institute of Foreign Trade, New Delhi
29. Christopher Arup, The New World Trade Organization Agreements, Cambridge University
Press,2002.
30. Resource Book on TRIPS and Development UNCTAD-ICTSD, Cambridge University Press,
2005.
31. William J Davey and John H. Jackson (ed.) The Future of International Economic Law,
Oxford University Press, 2008
32. Craig Grasste, The History and Future of the World Trade Organisation, WTO Publications,
Geneva, 2013.
6
33. Asif H. Qureshi and Andreas R Ziegler, International Economic Law 3rd Ed. (Sweet &
Maxwell 2011) ISBN: 978-0-414-04615-3
34. Checkel, J. (ed) (2007) International Institutions and Socialization in Europe, Cambridge,
U.K.: Cambridge University Press.
35. Corrales-Leal, W. (2005) ‘A Situational Approach to the Doha-Mandated Negotiations on
Special and Differential Treatment’, mimeo, Geneva: International Centre for Trade and
Sustainable Development (ICTSD).
36. Durling, J. P. (2003) ‘Deference, But Only When Due: WTO Review of Anti-Dumping
Measures’ Journal of International Economic Law 6, 1: 125-153.
37. Grossman, G. M. and Helpman, E. (1995) ‘The Politics of Free Trade Agreements’,
American Economic Review 85, 4: 667-690.
38. Hilf, M. (2001) ‘Power, Rules and Principles Which Orientation for WTO/GATT
Law?’,Journal of International Economic Law 4, 1: 111-130.
39. Hoekman, B. (1996) ‘Assessing the General Agreement on Trade in Services’, in Martin, W.
and L.A. Winters (1996) (eds) The Uruguay Round and the developing countries,
Washington, DC: World Bank, published by Cambridge University Press.
40. Hoekman, B., Michalopoulos, C. and Winters, L. A. (2004) ‘Special and Differential
Treatment of Developing Countries in the WTO: Moving Forward after Cancún’, The World
Economy 27, 4: 481-506.
41. Maggi, G. (1999) ‘The Role of Multilateral Institutions in International Trade Co-operation’,
American Economic Review 89, 1: 190-214.
42. Patrick Low, Gabrielle Marceau and Julia Reinaud, The Interface Between The Trade And
Climate Change Regimes: Scoping The Issues,
43. Prusa, T. (2005) ‘Antidumping: a growing problem in international trade’, The World
Economy 28, 5: 683-700.
44. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New
Hampshire: Butter-worth, 2d edition, 1990), 3-61.
45. Steven Nathaniel Zane, Leveling the Playing Field: The International Legality of Carbon
Tariffs in the EU, Boston College International and Comparative Law Review, Issue 1,
Volume 34, 1-1-2011.
Key website:
www.wto.org (All WTO documents are fully downloadable)
G. Lecture Plan
7
8-14 Globalization Lecture- cum-discussion
and its Case study
Discontents
Court room exercises
8
Court room exercises
Total Class: 80
Lecture Hours: 60
Case Presentation: 16 Hrs
Continuous Assessment: 4Hrs
9
Course Curriculum
COMPANY LAW- II | 6 Credits |
Session: Jan-April 2020 | Faculty: Ms. Ruth Vaiphei|
Class: BA/BBA LLB VI SEMESTER
A. INTRODUCTION
Company Law in National Law University, Jodhpur is divided into two parts - Company Law-I
and II and is a compulsory course offered to UG law students. Company law is considered to be
the foundation of Corporate and business laws. The objective of this course is to build an
understanding of the basic as well as the advanced and technical aspects of company law. This
paper will also help student acquire knowledge and develop understanding of the regulatory
framework of companies with reference to various provisions of Companies Act and its
schedules, rules, notifications, circulars, clarifications there under including case laws and
Secretarial standards. The course Company Law- II is an extension of the course on Company
Law and the concepts taught in Company Law –I are vital to understand the second part of the
course which aims to highlight the recent and modern aspects of company law, concentrating on
those aspects that are both intellectually challenging, and of practical importance. The course
also attempts to place the legal rules in their present commercial context.
The paper needs to be taught in light of the “New Act” i.e. the Companies Act 2013. This Act
has replaced the “Old Act” i.e. the Companies Act 1956. The “New Act” received the assent of
the President on August 29, 2013 and has been made applicable by notifications as to particular
sections by the Ministry of Company Affairs. The notified sections, which replace the provisions
of Companies Act 1956, will be highlighted. Also the Companies (Amendment) Act, 2017
received the assent of the President on 3rd January , 2018 and has made 93 amendments to the
Companies Act,2013.The amendments shall also be highlighted during the administration of the
course.
B. COURSE OUTCOMES
10
[CO10]: To outline and discuss the concept and various case studies related to Corporate
Takeovers.
[CO11]: To outline the concept of Corporate Collapse.
[CO12]: To discuss the concept of Voluntary Liquidation under the IBC, 2016.
[CO13]: To highlight and discuss the relevant case laws and amendments.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for life-long learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Weightage of marks (%)
CRE 10 %
Mid Term 20 %
11
E. CURRICULUM
PART I
COMPANY MANAGEMENT:
Topic 1: Directors – Concept and role
a) Directors – Concept
b) Legal position
c) Role of Directors
d) Duties of Directors
Topic 2: Independent Director- relevance, code of ethics
a) Concept
b) Role
PART II
COMPANY PROCEEDINGS:
Topic 1: Meetings & Quorum Requirements
a) Statutory General Meeting
b) Annual General Meeting
c) Extraordinary General Meeting
d) Class Meetings
Topic 2: Voting & Resolutions
a) Appointment, powers and functions of Chairman
b) Proxy Voting
PART III
12
b) Exception to the rule (Rule established in Foss v Harbottle)
Topic 2: Minority Protection
a) Protection against Oppression
b) Protection against Mismanagement
c) Class Action Suits under 2013 Act
Topic 3: Minority Squeeze Out
a) Concept
b) Relevance
PART IV
PART V
CORPORATE RECONSTRUCTION:
Topic 1: Mergers and Acquisitions
a) Concept
b) Compromise and Arrangements
c) Mergers and Amalgamations
d) Demerger
e) Slump Sale
13
Topic 2: Takeover
a) Concept - Takeover
b) Hostile and Friendly Takeover
c) Defences to Takeover
PART VI
CORPORATE COLLAPSE AND CORPORATE INSOLVENCY:
Topic 1: Winding Up
a) Concept
b) Kinds of Winding Up
c) Winding up under Companies Act,2013
Topic 2: Voluntary Liquidation
a) Concept
b) Voluntary Liquidation
Topic 3: Corporate Insolvency
a) Introduction
b) IBC,2016- a brief overview
LIST OF CASES:
1. The Sree Meenakshi Mills Co. Ltd v. The Assistant Registrar (1938] 1 MLJ 856.
2. In re: Maknam Investments Ltd. [1996] 87 Comp Cas 689 Cal.
3. Sumit Jain v. Alliance Dermatological (P) Ltd. [2009] 150 Com Case 198 (CLB).
4. Sadhan Kumar Ghosh v. Bengal Brick Field Owners' Assoc. MANU/WB/0299/2011.
5. Sri Ramdas Motor Transport Ltd. v. Karedla Suryanarayana 2002 110 Comp Cas 193.
6. Foss v. Harbottle, (1843) 2 Hare 461.
7. BSN (UK)Ltd v. Janardan Pillai, [1996] 86 Comp Cas 371 (Bom).
8. In re: Chloro Controls [2006] 131 Comp Cas 501 (Bom).
9. Needle Industries (India)Ltd v. Needle Industries Newey Holding AIR 1981 SC 1289.
10. Ved Prakash v. Iron Traders P. Ltd., [1961] 31 Comp Cas 122.
11. C. Vasudevamurthy v. Associated Oxides, [2009] 150 Comp Cas 339.
12. SVT Spinning Mills v. M. Palaniswami, [2009] 151 Comp Cas 233 (Mad).
13. J.P. Srivastava v. Gwalior Sugar, [2004] 122 Comp Cas 696 (SC).
14. Omni India v. Balbir Singh, [1989] 69 Comp Cas 903.
15. Syed Masharraf Mehdi v. Frontline Soft, [2007] 135 Comp Cas 280 (CLB).
14
16. S. P. Jain v. Kalinga Tubes Ltd AIR 1965 SC1535.
17. Radhabari Tea Co. v. Mridul Kumar Bhattacharjee and [2010]153CompCas579.
18. M.S.D.C. Radharamanan v. M.S.D. Chandrasekara Raja AIR2008SC1738.
19. Sangramsinh P. Gaekwad v. Shantadevi P.Gaekwad MANU/SC/0052/2005.
20. Batliboi v. Mideast Integrated Steels Limited 2012 Indlaw DEL 1391.
21. Aba Builders Limited and others v. Anjula Nagpal and others 2012Indlaw CAL 849.
22. Geo-Group Communications Inc v. IOL Broadband Limited 2009 Indlaw SC 2112, (2010)
1 SCC 562.
23. Shanti Prasad Jain v. Kalinga Tubes 1965 SC 1535.
24. Raja Mundry Elect. Supply Corp. v. Nageshwara Rao AIR 1956 SC 213.
25. N.I.I.Ltd. v. N.I.N.I.H. Ltd. AIR 1981 SC 1298.
26. In re. Bugle Press Ltd., (1961) 1 Ch 270.
27. In re. Helleric and General Trust Ltd., (1976) 1 WLR 123.
28. In re. NFU Development Trust Ltd., (1973) All ER135.
29. Hindustan Lever Employees Union v. Hindustan Lever Ltd.1995 Supp (1) SCC 499.
30. Miheer H. Mafatlal v. Mafatlal Industries Ltd. (1997) 1 SCC 579.
31. Sesa Industries Ltd v. Krishna Bajaj AIR 2011 SC 1070.
32. AIG (Mauritius) LLC v. Tata Televentures (Holdings) Ltd. 103 [2003] DLT 250.
33. In re: Reliance Petroleum Ltd. [2010]154CompCas286.
34. SEBI v. Sterlite Industries (India) Ltd [2003]113CompCas273.
35. Reliance Natural Resources Ltd. v .Reliance Industries Ltd. (2010)7 SCC 1.
36. The Matter of Scheme of Arrangement of Era Buildsys Limited v. Era E-Zone (India)
Limited, 2012 Ind law DEL 2395.
37. In re: ACPL HR Services Private Limited and another 2012 Indlaw DEL 1913.
38. Malwa Cotton and Spinning Mills Ltd. v. Virsa Singh Sidhu 2008(11) SCALE 337.
39. Madhumilan Syntex Ltd. and Ors. v. Union of India AIR2007SC1481.
40. Iridium India Telecom Ltd. v. Motorola Incorporated AIR 2011 SC 20.
41. Standard Chartered v. Directorate of Enforcement. AIR 2005 SC 2622.
42. Assistant Commissioner v. Velliappa Textiles Ltd. (2003) 11 SCC 405.
43. Tesco Supermarkets Ltd. v. Nattrass [1972] AC 153 (HL).
44. Meridian Global Funds Management Asia Ltd. v. SEC [1995] 2 AC 500.
15
45. JK Industries v. Chief Inspector of Factories and Boilers. (1996) 6 SCC 665.
46. In re. Pervil Gold Mines, (1898) 1 Ch 122.
47. State of Madras v. Madras Electric Tramway Ltd, Air 1956 Mad 131.
48. State Trading Corporation India Ltd. v. Punjab Tannaries Ltd, (1989) 66 Co. Cases 634.
49. Kedia Industries Ltd. v. Star Chemical Ltd. (1999) 98 Co. Cases 233.
50. Ajay G. Podar v. OL of JS &WM and others (2008) 3 Comp LJ 464 SC.
51. Ratanbali Capital Market Ltd. v. SEBI AIR 2008 SC 290.
52. Ajay G. Podar v. OL of JS &WM and others, (2008) 3 Comp LJ 464 SC.
53. M/s. Vijay Industries v. M/s. NATL Technologies Limited, AIR 2009 SC 1695.
54. IBA Health (India) P. Ltd. v. Info-Drive systems [2010] 155 COMP CAS 323.
II. REFERENCES:
• L.C.B. Gower, Principles of Modern Company Law; Stevens & Sons Ltd., London
• M.C. Bhandari, Guide to Company Law Procedures, LexisNexis, 23rd edition, 2015
• C.A. Kamal Garg, Bharat’s Corporate and Allied Laws, 2013
• Charles Wild & Stuart Weinstein Smith and Keenan, Company Law, Pearson
Longman, 2009
• Charlsworth’s Company Law, Alastair Hudson Ed., Sweet and Maxwell, London,
2010
• Institute of Company Secretaries of India, Companies Act 2013, CCH WolterKluver
Business, 2013
• K S Anantharaman, Lectures on Company Law: Covering Companies Act, 2013 and
Limited Liability Partnership Act, 2008, Lexis Nexis; 12 edition, 2015
• K. Majumdar& G. K. Kapoor, Company Law and Practice, TaxmannPublications
Private Limited; 20th edition, 2015.
• Palmer’s Company Law, Sweet and Maxwell London Company Investigations and
Public Law, 1999
• Paul L. Davis, Principles of Modern Company Law, Thomson Sweet and Maxwell,
London
• A. Ramaiya, Guide to The Companies Act (Providing Guidance On The Companies
Act, 2013) LexisNexis; Eighteenth edition (1 December 2014)
• S. K. Verma& Suman Gupta, Corporate Governance and Corporate Law Reform in
India, 2005.
16
• Taxmann, A Comparative Study of Companies Act 2013 and Companies Act 1956, 1st
edition, 2015.
• V.S. Datey :Guide to Tax and Corporate Laws.
• C.R. Datta : Datta on the Company Law; Lexis Nexis, Butterworths Wadhwa, Nagpur
• A. Ramaiya :Guide to the Companies Act; Lexis Nexis, Butterworths Wadhwa,
Nagpur.
• K.C. Garg, R.C. Chawla, Vijay Gupta :Company Law; Kalyani Publishers.
• M.C. Kuchhal: Modern Indian Company Law
• D.K. Jain: Company Law Ready Reckoner; Bharat Law House Pvt. Ltd.
III. JOURNALS:
• Chartered Secretary: ICSI, New Delhi.
• Student Company Secretary: ICSI, New Delhi.
• Corporate Law Adviser.
• Company Law Journal.
IV. LEGISLATIONS:
17
13-17Capita Company Management Lecture, Discussion, CRE
& Self-study,
17-18 Directors of a company Lecture, Interaction ,Discussion
& Self-study
19-25 Majority Rule and Minority Protection Lecture, Discussion, CRE
& Self-study
26-31 Minority Squeeze Out Lecture, Interaction,
Discussion, CRE
& Self-study
32-34 Corporate Criminal Liability Lecture & Self-study
Total Hours: 80
Lecture Hours: 60
• Part I: 12 Hrs
• Part II: 06 Hrs
• Part III: 15 Hrs
• Part IV: 6 Hrs
• Part V: 14 Hrs
• Part VI: 7 Hrs
CRE: 16 Hrs
18
Course Curriculum
LAW OF INTELLECTUAL PROPERTY RIGHTS
Session: Jan – Apr 2020 | Faculty: Ms. Kanika Dhingra | 6 Credits |
Class: BA/BBA (Compulsory) LLB VI SEMESTER
A. INTRODUCTION:
The principal objective of the course is to provide students with a good grounding in the
fundamental concepts of intellectual property rights (IPRs- as encompassing different
categories). The course adopts an integrated approach to law and policy so as to enable the
students to understand the socio-economic and political implications arising out of legal
protection in the form of IPRs, especially in the context of TRIPS Agreement and other
international commitments. Hence it is pertinent to look into the subject from a developing
country perspective, while keeping in mind the international commitments. It is also important to
look into the subject from the perspective of changing models of knowledge creation and
diffusion (especially in the digital and the biotechnology context) and to understand what role
IPRs can play in the knowledge century.
B. COURSE OUTCOMES:
At the end of the course, students will be able to
[CO.1] Understanding the nature of knowledge as a property concept and its distinction from
intellectual property.
[CO.2] Identifying the philosophical underpinnings of IPRs, including justifications for the
same.
[CO.3] Understanding the historical factors that led to the growth of different forms of IPRs,
including socio-economic and geopolitical factors that contribute to the formation of theoretical
foundations.
[CO.4] To identify the nature and extent of protection afforded the owners of intellectual
property.
[CO.5] Examining how national IPR laws are structured so as to cater to the needs and
development of economic and cultural growth of the nation in the context of the obligations
under TRIPS and in answering new international demands.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
19
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice.
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities.
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
E. CURRICULUM
TOPIC 1: CONCEPT OF PROPERTY VIS-À-VIS INTELLECTUAL PROPERTY (IP)
• Mapping the Course- A primer
• Basic concept of IP- Knowledge as IP
• Legal Concept of Property - Relationship with IP
• Theoretical Justifications of Property - Relationship with IP
• Economic justifications for IP Protection
• Property under the Indian Constitution and its relationship with IP
• TRIPS Agreement - General Provisions; Principles and Objectives
21
• Working of patent, Compulsory license, Revocation
• Infringement of patent
• Defenses in case of infringement
• Trade Secret and Confidential Information
• IC Layout Design
• Case Studies
22
10) Cornish W.R et al., Intellectual Property: Patents, Copyright, Trade Marks and Allied
Rights, Thomson Sweet & Maxwell, London,2003
11) Firoz Ali Khader, The Law of Patents: With Special Focus on Pharmaceutical Patents,
Lexis Nexus, Butterworths (2009)
12) Goldstein Paul, Goldstein on Copyright, Aspen Publishers, 3rd Edition, 1st Indian R.P
(2008)
13) V.K. Ahuja, Law relating to Intellectual Property, Lexis Nexis Butterworths Wadhwa
14) Dr. B.L. Wadehra, Law relating to Intellectual Property, Universal Law Publishing Co
15) P.Narayanan, Copyright and Industrial Design, Third Edition, Eastern Law House, New
Delhi, 2008
16) David Brainbridge, Intellectual Property, Ninth Edition, Pearsons
17) International Copyright and Neighboring Rights by Stewart
18) WIPO Intellectual property Handbook: Policy, Law and Use, WIPO Publication No. 489
(E); at http://wipo.int/about-ip/en/iprm/index.htm
Articles:
1. Grosse Ruse - Khan, Henning / Jaeger, Thomas: Policing patents worldwide? EC border
measures against transiting generic drugs under EC- and WTO intellectual property
regimes. In: International Review of Intellectual Property and Competition Law (IIC),
2009, Volume 40, Nr. 5.
2. Alan Latman, “Probative Similarity as Proof of Copying: toward Dispelling Some Myths
in Copyright Infringement” 90 Colum. L. Rev 1187 (1990)
3. Raj S. Dave, “A Mathematical Approach to Claim Elements and the Doctrine of
Equivalents” (2003) 16 Harv. J L Tech 508
4. Hazel Carty, “Dilution and Passing-off: Cause for Confusion” (1996) 112 LQR 633
5. Kern Alexander, “The Mareva Injunction and Anton Piller Order: The Nuclear Weapons
of English Commercial Litigation”, 11 Florida Journal of International Law
6. R. F. Whale, “Copyright and Owner’s Rights” (1979) 1 EIPR 38
7. Jane C. Ginsberg, “Putting Cars on the ‘Information Superhighway’: Authors, Expoliters
and Copyright in Cyber Space” 95 Col. L Rev. 1466 (1995)
8. Claude E. Barfield and Mark A Groombridge, “Economic Case for Copyright Owner
Control over Parallel Imports” 1 JWIP 1903 (1998)
9. William Strauss, “Moral Rights of the Author”, (1955) 4 American Journal of
Comparative Law 506
10. Herbert T. Silverberg, “Authors and Performers’ Rights” (1958) Law and Contemporary
Problems 125
11. Louis C. Caldwell, “Piracy of Broadcast Programs”, (1930) 30 CLR 1087
12. Jeremy Philips, “Employee as Author and Owner of Literary Copyright: Some
Reflections” (1979) 1 EIPR 19
13. Shelly Stephenson, “Initial Ownership of Copyright under the US and UK Law- A
Comparison” (1980) 2 EIPR 19
23
14. S E. Chisholm, “The Legal Aspects of Trademark Assignments, Licenses and Registered
User Agreements” 40 TMR 1059 (1950)
15. Siva Vaidyanathan, “Copyrights and Copywrongs” 15 Harv. J. L. Tech 453 (2002)
16. Lloyd Weinreb, “Fair use and How it Got that Way” 45 J. Copyright Soc’ty 634 (1997)
17. Rebecca Eisenberg, “Patents and the Progress of Science: Exclusive Rights and
Experimental Use”, 23 IPLR 67 (1991)
18. Jerome H. Reichman & Catherine Hasenzahl, “Non-Voluntary Licensing of Patented
Inventions”, UNCTAD-ICTSD Issue Paper No. 5, at p. 10 (2004), Available at:
http://www.ictsd.org/pubs/ictsd_series/iprs/CS_reichman_hasenzahl.pdf.
19. Madelaine Berg, “Moral Rights and the Compulsory License of Phone records” 12 IPLR
411 (1980)
20. Note: “Originality” 115 Harv LR 1988 (2002)
21. Daniel Gervais, “‘Fiest Goes Global’: A Comparative Analysis of the Notion of
Originality in Copyright Law”, (2002) 49 Journal of the Copyright Society of the USA,
949
22. Samuelson, Pamela, Davis, Randall, Kapor, Mitchell D. and Reichman, Jerome H.
(1994), “A Manifesto Concerning the Legal Protection of Computer Programs”, 94
Columbia Law Review, 2308-2431
23. Reichman, J. H., Samuelson, Pamela, “Intellectual Property Rights in Data”, “50 Vand. L.
Rev. 49 (1997).
24. Spence and Endicott, “Vagueness in the Scope of Copyright” 121 LQR 657 (2005)
25. Yogesh Pai, “Copyright Protection for Computer Programme: Walking on one Leg?” 48
Journal of Indian Law Institute 359 (2006)
26. Tim Golder, “Should Designs be Better Protected?” (1990) AIPJ 107
27. Anitha Verma and David Abraham, “DNA is Different: Legal Obviousness and the
Balance between Biotech Inventions and Market” Harv. JL &Tech 53 (1996)
28. Fromer, Jeanne C, “The Layers of Obviousness in Patent Law”, 22 Harvard Journal Of
Law & Technology 75 (2008)
29. Basheer S., “India's Tryst with TRIPS: The Patents (Amendment) Act 2005” Indian
Journal of Law and Technology, Vol. 1, 2005
30. Basheer, S., "Policy Style" Reasoning at the Indian Patent Office”, INTELLECTUAL
PROPERTY QUARTERLY (2005), ISSUE 3, pages 309-323
31. Frank I. Schechter, “The Rational Basis of Trademark Protection”, Harvard Law Review,
Vol. 40, No. 6 (Apr., 1927), pp. 813-833
32. Jacob Jacoby, “The Psychological Foundations of Trademark Law: Secondary Meaning,
Genericism, Fame, Confusion and Dilution” (2001) 91 TMR 1013
33. Alison Firth et al. “Shapes ad Trademarks: Public Policy, Functional Considerations and
Consumer Perception” (2001) 23 EIPR 86
34. Peter Drahos, “The Universality of Intellectual Property Rights: Origins and
Development” Available at:
http://www.wipo.int/tk/en/hr/paneldiscussion/papers/pdf/drahos.pdf
24
35. B. Zorina Khan, “Intellectual Property and Economic Development: Lessons from
American and European History”, Study Paper 1a, Commission on Intellectual Property
Rights. Available at:
http://www.iprcommission.org/papers/pdfs/study_papers/sp1a_khan_study.pdf
36. Margaret Chon, “Intellectual Property and the Development Divide”, Cardozo Law
Review, Vol. 27, pp. 2821-2912, 2006
37. Reichman J., “Compliance with the TRIPS Agreement: Introduction to a Scholarly
Debate” 29 Vand. J. Transnat'l. L. 363-90 (1996).
38. Chin and Grossman, “Intellectual Property Rights and North-South Trade” NBER
Working Paper #2769, November 1988
39. Giovanni B. Ramello, “Access to vs. exclusion from knowledge: Intellectual property,
efficiency and social justice” Working Paper n.100, November 2007, Department of
Public Policy and Public Choice – POLIS, Available at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1031884
40. Peter Menell, “Intellectual Property and the Property Rights Movement”, Regulation,
Vol. 30, No. 3, Fall 2007 UC Berkeley Public Law Research Paper No. 1000061
41. Justin Hughes, “The Philosophy of Intellectual Property”, 77 Geo. J. L. (1988)
42. Edwin C. Hettinger, “Justifying Intellectual Property”, Philosophy and Public Affairs,
Vol. 18, No. 1. (winter 1989), pp. 31-52.
43. Stanley M Besan and Raskind, “An Introduction to Law and Economics of Intellectual
Property” The Journal of Economic Perspectives, Vol. 5 No. 1 (Winter 1991), 3-27
44. Ciro, “The Scarcity of Intellectual Property”, 2005 (1) The Journal of Information, Law
and Technology (JILT). <http://www2.warwick.ac.uk/fac/soc/law2/elj/jilt/2005_1/ciro/>
CASE LAWS
Recent Cases
1. AKUATE INTERNET SERVICES PVT. LTD. & ANR v STAR INDIA PVT. LTD. &
ANR. [FAO(OS) 153/2013, CM APPL. 4665/2013]
2. M/s. BDR Pharmaceuticals International Pvt. Ltd. V M/s. Bristol Myers Squibb
Company [C.L.A. No. 1 of 2013]
3. F. HOFFMANN-LA ROCHE LTD., and ANR v CIPLA LIMITED [I.A 642/2008 IN CS
(OS) 89/2008]
4. INDIAN HERITAGE SOCIETY & ANR v MEHER MALHOTRA & ANR [CS(OS)
2717/2011 and IA Nos. 17445/2011, 17787/2011 & 15091/2012]
5. MERCK SHARP AND DOHME CORPORATION and ANR v APRICA
PHARMACEUTICALS PRIVATE LIMITED [CS(OS) 1236/2013]
6. MOHAN LAL, PROPRIETOR OF MOURYA INDUSTRIES v SONA PAINT &
HARDWARES [CS(OS) 384/2008]
7. Novartis Ag v Union Of India & Ors [CIVIL APPEAL Nos. 2706-2716 OF 2013
(ARISING OUT OF SLP(C) Nos. 20539-20549 OF 2009) ]
25
8. M/s. Shreedhar Milk Foods Pvt. Ltd. V Mr. Vikas Tyagi & Othrs
[ORA/7/2012/TM/DEL]
9. Satnam Overseas v Sant Ram & Co.& Anr [CIVIL APPEAL NO. 10528 OF 2013
(Special Leave Petition (Civil) No.15496 of 2007)]
26
21. The Wimco Ltd. – Plaintiff v. M/s. Meena Match Industries [Suit No. 415 of 1981 and
Cross-Objection No. 8 of 1981, Decided on 26.5.1983]
22. The Calico Printers Association v Savani And Co. [(1939) 41 BOMLR 45]
Domain names
13. Yahoo Inc V Aksh Arora (78) DLT 285
14. Satyam Infoway v Sify Net Solution AIR 2004 SC 3540
Comparative Advertising
15. Paras Pharmaceuticals Ltd v Ranbaxy Laboratories Ltd and 2 ors IR2008 Guj 94
16. Reckit Benckiser (India) Ltd v Hindustan Lever Ltd manu/de/0967/2008
17. Pepsi Co. INC and Ors. V Hindustan Cocal Cola Ltd and anr. Manu/DE/0896/2003
18. Dabur India Ltd v Colgate Palmolive India Ltd Manu/ DE/0657/2004
Well Known TM
19. L’oreal SA v Bellure NV (2006) EWHC 2355 (Ch); (2007) RPC 14; (2006) 29(10) IPD
29074
20. L’oreal SA v Bellure NV C- 487/07 (ECJ)(2009)A11 ER (D) 225 (Jun)
Copyright Cases
Idea Expression Dichotomy
10. Baker v Selden (101 US 99)
27
11. Najma Heptulla v Orient Longman Ltd. & Ors. (AIR 1989 Delhi 63)
12. Anil Gupta v Kunal Das Gupta & Ors. (AIR 2002 Delhi 379)
13. Zee Teleflims v Sundial Communications & Ors. [2003 (5) BomCR404; 2003 (3)
MhLj695]
Functionality:
14. Mazer v Stein (347 US 201)
Doctrine of Merger
15. Kay Berry v Taylor Gifts Inc. (421 F.3d 199)
16. EAGLE SERVICES CORP. v. H2O INDUSTRIAL SERVICES, INC., et al. (07-1997)
Originality
17. Walter v Lane [(1900) AC 539]
18. University of London Press, Limited v University Tutorial Press , Limited [(1916) 2 Ch.
601]
19. Feist Publication inc. v Rural Telephone Service Company Inc. (499 US 340)
20. Eastern Book Company and Others v D. B. Modak and Anr. [2008 (1) SCC 1]
21. Ladbroke (Football) Limited v William Hill (Football) Limited [(1964) 1 All ER 465]
Fixation
22. Tate v Fullbrook [(1908) 1 KB 821]
Authorship-Ownership
28. VT Thomas v Malyalam Manorama (AIR 1989 Ker 49)
Economic Rights
29. UMG Recordings v MP3 (92 F.Supp.2d 349)
Fair Use
30. Perfect 10 Inc. v Amazon.com Inc. (487 F.3d 701)
Secondary Liability
28
31. Sony Corp of America v Universal City Studios (464 US 417)
32. A&M Records Inc. v Napster Inc. [239 F.3d 1004 (9th Cir. 2001)]
33. In re: Aimster Copyright Litigation [334 F.3d 643 (7th Cir. 2003)]
34. MGM Studios Inc v Grokster Ltd. [125 S. Ct. 2764 (2005)]
Moral Rights
35. Amar Nath Sehgal v Union of India & Anr. [117 (2005) DLT 717]
Patent Cases
Patentable subject matter:
1. Diamond v. Diehr, 450 U. S. (1981,SC)
2. State Street Bank v. Signature Financial Group, 149 F.3D 1368
3. Bernard L. Bilski and Rand A. Warsaw, Petitioners v. David J. Kappos, 177 L. Ed. 2d
792 (2010)
4. Association for Molecular Patgology et at v. USPTO et al
Novelty
5. Continental Can Co. USA v. Monsanto, 948 F.2D 1264 (Fed. Cir. 1991)
Non-obviousness
6. Graham v. John Deere, 383 U. S. 1
7. KSR v Teleflex, 127 S. CT. 1727
8. Windsurfing International v. Tabur Marine, (1985) RPC 59, CA
29
Patent Linkage
17. Bayer Corporation and Ors. v. Union of India and Others. (LPA 443/2009)
G. Lecture Plan:
30
development Geographical Indication of Goods Classroom
of Trademark Objectives and rights, GI Discussion
& GI Registration and collective rights, and Case
Authorized user, Distinction analysis
between TM and GI, Registration
of GI Agents, Case Studies
37-40 Topic 3 Nature and Objectives, Historical Lecture,
Content of developments (Berne Convention Classroom
Copyright for the Protection of Literary and Discussion
and Design Artistic Works, Rome Convention and Case
Law on the Protection of Performers, analysis
Producers of Phonograms and
Broadcasting Organizations,
Phonograms Convention, TRIPS,
WIPO Copyright Treaty, WIPO
Performances and Phonograms
Treaty, Nature of copyright, Term
of copyright
Neighbouring rights, Performer’s
rights, Broadcast reproduction
rights
Expression v Idea dichotomy,
Subject matters of copyright
31
Trade secret the International Patent
& Classification , Patent Law Treaty
Confidential (PLT) , Budapest Treaty
Information,
IC Layout
Design
53-55 Topic 4 Ownership Patents – criteria for patent Lecture,
and protection Classroom
Enforcement Patentable subject matter Discussion
of IPR – Procedure for obtaining patent, and Case
Patents, Application and Specification analysis
Trade secret
&
Confidential
Information,
IC Layout
Design
56-57 Topic 4 Ownership Publication and Examination of Lecture,
and application Classroom
Enforcement Rights of a patentee, Opposition Discussion
of IPR – Transfer of patent: Assignments and Case
Patents, and licensing analysis
Trade secret Working of patent, Compulsory
& license, Revocation
Confidential
Information,
IC Layout
Design
58-60 Topic 4 Ownership Infringement of patent Lecture and
and Defenses in case of infringement Classroom
Enforcement Trade Secret and Confidential Discussion
of IPR – Information and Case
Patents, IC Layout Design analysis
Trade secret Case Studies
&
Confidential
Information,
IC Layout
Design
61-63 Topic 5 Protection of Evolution of Protection of Plant Lecture,
Plant Varieties and Farmers’ Rights Classroom
Varieties and Authority and Registry Discussion
Farmers’ Registration of plant varieties and Case
Rights and Duration and effect of registration analysis
Biological and benefit sharing
Diversity Farmers’ rights
32
Certification of registration
Infringement, offences, penalties
and procedure
64-65 Topic 5 Protection of Convention on Biological Lecture,
Plant Diversity Classroom
Varieties and Objectives and rights Discussion
Farmers’ Regulation of access to biological and Case
Rights and diversity analysis
Biological National Biodiversity Authority
Diversity Determination of equitable benefit
sharing
State Biodiversity Board
CBD and WIPO initiatives for
protection of Traditional
knowledge, Genetic Resources
PROJECTS:
Project Topics will be given to the students by the faculty at the beginning of the semester.
Total Hours: 80
Lecture Hours: 65
CRE: 11 Hrs
33
Course Curriculum
SUBJECT: FAMILY LAW-I
Session: January – May 2019 | Faculty: Ms. Preeti Badola | 6 Credits |
Class: BA/BBA LLB VI SEMESTER
A. INTRODUCTION
The course is primarily aimed at a critical understanding of the laws relating to marriage and
divorce, maintenance, custody and guardianship as well as the practice of family law in the
courts with an emphasis on the family courts. While doing so, this course is an interdisciplinary
engagement with ideas around gender, caste, sexuality, religion and family. These ideas will be
the lens through which we look at the various laws.
A pragmatic response is that the Bar Council of India through its Legal Education Rules
mandates this course as a core course. However, the course becomes crucial in light of the ever-
changing socio-legal landscape around which family and relationships are understood. In the
current moment in history, the Hadiya (Akila) case demonstrates the need for an immediate
critical engagement with ideas of marriage, religion, gender and autonomy. It is also pertinent to
note that questions around family law are not far for even lawyers working on commercial cases,
as the family remains the focus of many commercial enterprises in India.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO.1] understand the multiple matrimonial laws prevailing in India.
[CO.2] Identify the ideas of the concept of family
[CO.3] Understand the essentials and validity of marriage under Hindu Law and Muslim law
[CO.4] Understand the essentials of marriage and divorce under Christians and Parsi.
[CO.5] Understand law relating to Special marriage and Foreign Marriage
[CO.6] Know the Matrimonial Reliefs under different laws.
[CO.7] Understand the concept and essentials of Custody, Adoption and Guardianship of
children
[CO.8] Understand Maintenance and other Matrimonial Reliefs.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
34
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice.
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations,
Entrepreneurships, and corporate entities.
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Weightage of Marks (%)
CRE 10 %
Project 20 %
E. CURRICULUM
Topic I
• Introduction to the Course
• Multiplicity of Matrimonial laws in India.
• Introduction to the ideas of ‘family’.
• Sources and schools of Hindu and Muslim Law.
Topic II:
• Marriage under different personal laws.
• The Validity of Marriages under the Hindu Marriage Act, 1955 and Prohibition of Child
Marriage Act, 2006
• Muslim Marriage: Essentials and Validity
Topic III:
• Christian Marriage and divorce laws
• Laws applicable to Special Marriage
• Foreign Marriage Laws
Topic IV:
• Matrimonial Reliefs, Nullity of marriage
• Restitution of Conjugal Rights under Personal Laws
35
• Judicial Separation and Divorce under HMA and SMA
• Irretrievable breakdown of marriage.
Topic V:
• Laws relating to Custody, Guardianship.
• Legitimacy of children born out of void/voidable marriages and their inheritance rights.
• Adoption
• Surrogacy
Topic VI:
• Maintenance under Hindu and Muslim Law,
• Maintenance under CrPC
• Maintenance under the Domestic Violence Act, 2005
• Maintenance in Non-Marital Relationships
36
Recommended Books:
In the addition to the compulsory reading that will be circulated, the following textbooks maybe
referred for the course. The list is indicative and not exhaustive.
1. Agnes,Flavia,Family law II: Marriage, Divorce, and Matrimonial Litigation. New Delhi:
Oxford University Press, 2011.
2. Mahmood, Tahir (ed.), A.A. Fyzee’s Outlines of Muhammedan Law, 3rd ed.New Delhi:
Oxford University Press, 2008.
3. Mayne, John Dawson,Treatise on Hindu Law and Usage, 17th ed., Cambridge: Harvard
University Press, 2014.
4. Mulla, D.F., Mulla: Hindu Law. Satyajeet A. Desai, ed, 21st ed., New Delhi: Lexis Nexis
Butterworths, 2013.
5. Mulla, D.F., Mulla: Principles of Mahomedan Law. 20th ed.,Cambridge: Harvard University
Press, 2014.
G. LECTURE PLAN:
37
Total Hours: 80
Lecture Hours: 60
• Part I-III: 18 Hrs
• Part IV: 42 Hrs
CRE: 16 Hrs
Continuous Assessment: 4 Hrs
38
Course Curriculum
SOCIOLOGY-III LAW AND SOCIETY
Session: Jan-May,2020|- Faculty: Dr Asha Bhandari |6 Credits
Class: BA LLB VI SEMETER
A. INTRODUCTION
Law is a social institution. Law has its roots in the needs and interest of human race, therefore it
becomes the duty of the legal professionals to serve those needs and protect those interests to the
bests of his ability. Consequently the immediate result of this attitude will be an interpretation of
current issues of society. The present societies are best with several social issues of great
magnitude like family disorganization, community disorganization, racial problems, various
socio-ethical problems like abortion, live in relationship, euthanasia, same sex marriage,
surrogacy, etc. Social scientists study these complex, ever-changing phenomena which originate
in the countless interactions that take place between people every day. In this backdrop the
interdisciplinary nature of this course emphasizes the complexity and interrelationship of legal,
social, and ethical issues in contemporary context. The purpose of this course is to enhance
students’ critical analysis of social issues related to law and of the legal implications of policy
and decision-making in their major fields of study.
B COURSE OUTCOMES
At the end of the course, students will be able to:
[CO.1] Develop an insight into relationship between law and society.
[CO.2] Discusses the case of abortion, euthanasia and suicide by developing various
philosophical, sociological and legal arguments.
[CO.3] Understand the relationship of law and custom by exploring various customary practices
in the Indian society like honor killing, dowry, child marriage and which craft.
[CO.4] Explores various debates about same sex marriage, live in relationship, marital rape and
parent child relationship.
[CO.5] Revisiting the laws related to women empowerment, elderly abuse and youth.
[CO.6] Exploration of role that legislations, lawyers and judges play in bringing social change.
[CO.7] Develop the "sociological imagination” to appreciate the relevance of sociology in their
personal and future professional practice.
[CO.8] Learning about social policy framing and thereby engaged them into evaluative study of law and
policy.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and problem
solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
39
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to representation
of clients, performance of duties as an officer of the courts, and behaves in a sensitive
manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of
ongoing improvement of the practice of law and exhibits commitment and aptitude for
lifelong learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.
D ASSESSEMENT PLAN
Criteria Description Weightage of Marks (%)
Continuous Assessment 4 Test ( best 3 will be considered) 30 %
Mid Term 20 %
End Term Closed Book 50 %
E CURRICULUM
40
• Variety of Euthanasia,-voluntary, non voluntary, active, passive
• Impact on family- socio economic arguments
• Current legal position in India and comparison with other countries
• The deontological argument from the sanctity of life
• Utilitarian and role based arguments
• Autonomy, Rationality and responsibility
• Legal status (section 309 IPC) decriminalization of attempt to suicide.
Topic 7-Dowry
• A custom or commercial aspect of marriage
• Dowry and concept of stridhan
• Dowry deaths- legal position and judicial interpretation (dowry prohibition act 1961- does
serve the purpose?
41
• Models of parenting and impact on child personality
• Child rights against parent abuse
• Socio-psychological analysis
• Does Indian society ready for law against parent?(child rights vs parents rights)
Topic-11- Women, Religion and Law
• Religious rights vs women’s rights
• Gender inequality and personal laws
• Law, Religion and temple entry
• Issue of triple talaq
1) Sathe S.P, Constitution as instrument of social change, Economic and Political weekly,
Vol. 36, Issue No. 12, 24 Mar, 2001
2) Ommmen T K &Venugopal C. N,Sociology for law students, Eastern Book Company
2013
3) Singh Yogendra, Law and social change in India: a sociological perspective, available at
14.139.60.114:8080/jspui/.../Law%20and%20Social%20Change%20in%20India.pdf.
4) Upendra Baxi,Towards a Sociology of Indian Law, Satvahan Publications,Delhi,1986
42
5) Introduction to social justice,
shodhganga.inflibnet.ac.in/bitstream/10603/27358/5/05_chapter-1.pdf
6) V. Ramya Rajasri Kumar,Sociological Analysis of Euthanasia, Indian journal of legal
philosophy. Vol 2 issue 2, 2014, pp132-146
7) Aneeta A Minocha, Arima Mishra, Vivek R Minocha ,Euthanasia: a social Science
Perspective, Economic and Political Weekly,Vol. 46, Issue No. 49, 2011
8) Jaising, Indira, C. Sathyamala and Asmita Basu. 2007. “From the abnormal to the
normal: Preventing sex selective abortions through the law”New Delhi, India
http://www.lawyerscollective.org/files/From%20the%20Abnormal%20to%20the%...)
9) Sugandha Nagpal, Sex-selective Abortion in India: Exploring Institutional Dynamics
and Responses, McGill Sociological Review, Volume 3, February 2013, pp. 18-35.
10) Matt Wray, Cynthia Colen and Bernice Pescosolidon, The Sociology of Suicide, Annual
Review of Sociology, Vol. 37: 505-528 2011
11) Seth Abrutyn,Anna S. Mueller, The Socioemotional Foundations of Suicide,
Microsociological View of Durkheim’s Suicide, Sociological theory, Sage publication
12) Satnam Singh Deol Honor Killings in Haryana State, India: A Content Analysis
International journal of criminal justice sciences vol 9(2) 192-208
13) Suraj Bhan Bharadwaj, 'Myth and reality of the khap panchayats: a historical analysis of
the panchayat and khap panchayat,'Studies in History,( Sage Journals) vol. 28, no. 1
(2012): 43–67
14) SuruchiThapar-Björkert and GurchathenSanghera,The ascendancy of the Khap
Panchayats in Contemporary India: Gender, Caste, Globalisation and Violence,
Intersections: Gender and Sexuality in Asia and the Pacific issue 34 March
2014 , http://intersections.anu.edu.au/issue34/thapar-jorkert_sanghera.htm
15) B Suresh Lal, Child Marriage in India- factors and Problems, International Journal of
Science and Research (IJSR) Volume 4 Issue 4, April 2015 www.ijsr.net
16) Sudeep Dasgupta , A Sociological Perspective of Dowry System in India Ind. J. of
Applied & Clinical Sociology 10 (4), 2015, 90-112,
17) Anuja Agarwal, Contemporary Practices of Witch Hunting:
https://a1papers.ssrn.com/sol3/papers.cfm?abstract_id=2660070Partners for Law in
Development (PLD)
18) Gupta. Bhavish &Gupta Meenu , Marital Rape: - Current Legal Framework in India and
the Need for Change, 2013 GJLS Vol. 1, No. 1 Galgotias Journal of Legal Studies
19) Swarupa Dholam, Socio- Legal dimension of live in relationship in India , available at
mja.gov.in/.../final%20article%20in%20both%20lan
20) Nayantara Ravichandran ,Legal Recognition of Same sex Relationships in India, Journal
of Indian law and society [vol. 5 : winter]
21) Misuse of Legal rights by women, available at
https://static.mygov.in/.../mygov_14743661731015
22) Krishna Iyer V. R. Towards a Burgeoning Indian Jurisprudence of social action and
Public interest litigation, Indian Bar Review Vol 12 No 21970
23) Omdutt, Role Of Judiciary In The Democratic System Of India (Judicial Activism Under
The Supreme Court Of India) available online at www.aygrt.net ORIGINAL ARTICLE
GRT,, Volume 2, Issue. 3, Sept 2012 Golden Research Thought.
24) Myneni, S R, Sociology for law students, Allahbad Law Agency,Faridabad,2012
43
G. LECTURE PLAN:
• Total Hours-80
• Lecture and discussion Hours-70
• Documentary-6
• Continuous Assesment-4 Hrs
• Part-I, II&III-35 Hrs
• Part-IV, V &VI-35 Hrs
44
Course Curriculum
Theories of Development and Indian Economy-Eco-III | 6 Credits |
Session: January – April 2020 | Faculty: Dr. Kranti Kapoor
Class: BA LLB VI SEMESTER
A. INTRODUCTION
The course explains the meaning of economic growth and the difference between economic
growth and economic development. It also explores the historical and intellectual evolution of
how and why development does or does not take place. This is done by examining growth and
development theories. Each theory, from classical to neo-liberal, offers valuable insights and a
useful perspective on the nature of development process. The course develops an insight to
understand the concepts of demography, poverty, inequality, urbanization, and environment in
explaining the slow development of many developing countries. The course answers why new
indicators of development are required to measure well being of an individual. And why
sustainable development is an integral part of all new indicators.
All these aspects of development economics are then analyzed with respect to Indian Economy.
Issues of development in India have to be seen in the larger context of the demands of
democracy and social justice. Since 1990, with the advent of economic reforms, India is growing
at 6-7 percent per annum which is a great achievement. The course discusses why India has
climbed up rapidly the ladder of economic growth but has fallen relatively behind in the scale of
social and demographic indicators. The structure, significance and contribution of agricultural,
industrial and service sector is discussed in detail in the course. The reasons of increasing
agrarian distress, slow growth of manufacturing sector and rapid but jobless growth of service
sector are also included. Large regional disparities is a major obstacle in India’s economic
development. The course throws some light on this aspect also.
The idea of development economics contains the idea of law embedded in it. Economists find
these ideas hidden in instruments of policy making. Reforming the legal system in itself is an
important development policy prescription. Labor, capital and general transactions are all legal
institutions showing set of legal rights and legal arrangements in which bargaining takes place.
For all these reasons it is important to understand how law can be added to development
thinking.
In sum we can say that it is an attempt to enable the students of the law course to understand the
conditions conducive to economic growth and also its deterrents. This would not only facilitate
their knowledge of the contemporary issues of Indian economy but would also help in a better
understanding of the economic implications of the alternative development strategies and
policies. An effective planning and an appropriate policy framework required for development
and growth of Indian economy can be worked out only after a comprehensive knowledge of the
conditions and limitations of the economic system.
B. COURSE OUTCOMES
45
[CO.2] Provide an insight into examining the problems of economic growth and development in
the less developed countries and analyzing the causes of slow growth in such parts of the world.
[CO.3] Familiarize the students with various alternative indicators of growth and development.
[CO.4] Explain the students of the law course to understand the conditions conducive to
economic growth and also its deterrents.
[CO.5] Compare and contrast the contribution of new and old growth theories in explaining
growth patterns.
[CO.6] Describe the role of different factors like population, human capital, poverty, inequality
and environment in economic development.
[CO.7] Discuss the factors that can push countries from ‘vicious cycle of poverty’ to ‘virtuous
cycle of growth’.
[CO.8] Illustrate the structure of Indian economy.
[CO.9] Highlight the contribution of different sectors, agricultural, industrial and service, in
India’s economic development.
[CO.10] Explain the role of planning and an appropriate policy framework required for
development and growth of Indian economy.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and
achieving balance in one’s life in a multidisciplinary environment.
46
D. ASSESSMENT PLAN
E. CURRICULUM
PART A: DEVELOPMENT ECONOMICS
47
• Poverty and Inequality: Definitions, Measures and Mechanisms, Randomized Controlled
Trials (Banerjee, Duflo and Kremer) for measuring effectiveness of actions in improving
people’s lives, Social Assistance Programs and Targeting
• International Factors affecting development
• Strategy of Industrial Development and Industrial Policy in the pre and post liberalization
periods.
• National Manufacturing Policy: Industrial Corridors and their significance in India’s
growth and development
• Make in India Concept
• Ease of doing business Index
• Contribution of Micro, Small and Medium Enterprises in India
• Structure and Growth of Service Sector
• Non Performing Assets and Twin Balance Sheet Problem
• Insolvency and Bankruptcy Code
48
1. Banerjee, Abhijit V and Esther Duflo (2011): Poor Economics: Rethinking poverty and the
ways to end it, Penguin Random House India Pvt. Ltd
2. Janvry, Alain De and Elisabeth Sadoulet (2015): Development Economics: Theory and
Practice, Routledge
3. Nussbaum, Martha (2002): Capability and Social Justice, International Studies Review Vol.
4, No. 2, International Relations and the New Inequality (Summer, 2002), pp. 123- 135
(13 pages)
4. Salvatore, Dominick (2001): International Economics, Seventh Edition, John Wiley & Sons,
Inc., pp 1-205.
5. Thirlwall, A. P. (2006): Growth and Development, Eighth Edition, Palgrave
Macmillan, New York pp ( 3-14,16-40)
6. Todaro, Michael P and Stephen C. Smith (2012): Economic Development, 12th Edition,
Pearson . (Chapter 1 and 2)
7. 2019 HDR Report - | Human Development Reports hdr.undp.org/en/2019-report
8. Happy Planet Index: Which are the happiest, most sustainable nations ...
https://asiancorrespondent.com/2016/08/happy-planet-index-2016/
9. World Happiness Report 2019worldhappiness.report/ed/2019/Sustainable development
goals - United Nationswww.un.org/sustainabledevelopment/sustainable-development-goals/
10. Martha Nussbaum on Capabilities and Human Rights
https://people.wku.edu/jan.garrett/ethics/nussbaum.htm
F. REFERENCE BOOKS / LINKS/ARTICALS (Part B)
1. Akresh, Richard, Damien de Walque, and Harounan Kazianga. (2013). “Cash Transfers
and Child Schooling: Evidence from a Randomized Evaluation of the Role of Conditionality.”
World Bank Policy Research Working Paper 6340. [Research summary]
2. Banerjee, Abhijit V and Esther Duflo (2011): Poor Economics: Rethinking poverty and
the ways to end it, Penguin Random House India Pvt. Ltd
3. Banerjee, Abhijeet,Gita Gopinath, Raghuram Rajan and Mihir S. Sharma (2019): What
the Economy Needs Now, Juggernaut Books.
4. Datta Gaurav Gaurav and Ashwani Mahajan (2014), Indian Economy. S. Chand &
Company Ltd., 70th revised edition, New Delhi.
5. Deokar, Bipin K ans S L Shetty (2014): Growth in Indian Agriculture: Responding to
Policy Initiatives since 2004-05, Economic and Political Weekly, June 28, 2014 vol XLIX Nos.
26 & 27
6. Ingle, Arun and P B Suryawanshi (2011): India’s Demographic Dividend - Issues and
Challenges, Paper presented at the International Conference on Technology and Business
Management, March 28-30, 2011.
7. Jean Dreze and Amartya Sen (2013): An Uncertain Glory: India and Its Contradictions,
Penguin Books Ltd.
8. Kapila Uma (2014): Indian Economy: Performance and Policies, ,14th edition Academic
Foundation
9. Kohli Vineet and R Ramkumar (2016): Economic Rationale of ‘Demonetisation’-
Scrutiny of the Government’s Claim, Economic and Political Weekly, Vol. 51, Issue No. 53, 31
Dec, 2016
10. Kumar Arun (2017): Demonetization: Economic Consequences of Demonetization,
Economic and Political Weekly,Vol. 52, Issue No. 1, 07 Jan, 2017
49
11. Lavanya B T, A V Manjunatha (2018): The Gray Shades of Sugar Policies in India,
Economic and Political Weekly, Vol. 53, Issue No. 46, 24 Nov, 20168
12. Mohanty B B (2013): framers Suicides in India: Durkheim’s Types, EPW, May 25 Vol
XIVIII, No 21
13. Pulapre Balakrishnan (2015): Kerala and The Rest of India: What We Can Learn From
Each Other’s Development Experience, Economic and Political Weekly, Vol – L No.2, January
10, 2015
14. Radhakrishnan R K (2018):Looming Crisis-Tiruppur Knitwear Industry, Frontline,
October 12
15. Subba Rao K G K (2018): Non-Performing Assets of Commercial Banks, Economic and
Political Weekly, Vol. 53, Issue No. 34, 25 August
16. Vijayabaskar M, Sudha Narayanan and Sharada Srinivasan (2018): Agricultural Revival
and Reaping the Youth Dividend, Economic and Political Weekly, Vol. 53, Issue No. 26-27, 30
June
G. LECTURE PLAN
February 2nd Week Topic 3: Human Capital: Education and Lecture &
(5 Hours) Health Interaction
50
development: Interaction
th
5 Week (5 hours) Lecture &
Poverty and Inequality Interaction
March 1st Week (5 Lecture &
hours) International Factors affecting Interaction
development
Revision
Total Hours: 80
Lecture Hours: 76
Continuous Assessment: 4 Hrs
51
COURSE CURRICULUM
BUSINESS COMMUNICATION AND ETHICS
6 Credits | Session: January – May 2020 |
Faculty: Dr. Archi Mathur /Dr. Vedantam Leela |
Class: BBA/LL.B COURSE (U.G) VI SEMESTER
A INTRODUCTION
The course of business communication and ethics has been designed to address the channels and
patterns of communications adopt by the top management and organization at large. It provides
the reasons for which decisions were made s and analyze its impact. The managers often choose
various modes of communication to suit to the given situation. As a student, you need to know
the communication models, and its influence of decision making.
The other component in the course is of Ethics in Business management. Ethics is a subject of
making right decisions by the management. The student is expected to understand the relevance
of ethical decision making in business and its essence of doing so. You can also blend your
learning ethical reasoning in business. In this course, you will learn to recognize the right
approaches of proper management by identifying what successful managers do and how they do
it. This course is designed to teach you the fundamentals communication and ethical concerns in
business were earlier and are practiced today.
B. COURSE OUTCOMES
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think and predict the behavior of other managers and
employees and to decide and develop reasoning, and problem solving
[PO.2]. Demonstrate the ability to forecast behaviour deviation. Prevent the same by
appropriately communicating through relevant managerial skills, including effective listening
and critical thinking.
[PO.3]. Demonstrate the ability to evaluation the demonstrable behavior and assess why
individuals’ behavior the way they are behaving in different situations;
52
[PO.4]. Understand the dimensions of behavior changes when employees work as individuals
and in groups and to operationalise business in different business scenarios and assess the
environment internally and externally;
[PO.5]. Critically appreciate the available literature and evidence for the purpose of ongoing
improvement of the practice of business managers
[PO.6]. Understand the impact of professional managerial skills in conducting assessment,
learning outcomes and implement relevant strategies to prevent deviant behavior.
[PO.7]. Using technology in taking behavioral decisions
[PO.8]. Equip with knowledge, passion and drive to excel managerial with analytical skills in
profession.
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Maximum Marks
Criteria Description Weightage of Marks (%)
Continuous Assessment 4 Test (best 3 will be 30 %
considered)
Mid Term 20 %
End Term Exam Closed Book 50 %
E. CURRICULUM:
TOPIC -1: INTRODUCTION TO COMMUNICATION: I
• Definition and Role of Communication
• Process of Communication
• Elements, Facilitators and Barriers of Communication
• Seven C’s of Effective Communication
53
• Kinesics
• Olfatics
• Meta Communication and Paralanguage
• Chronemics
54
6. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 9, pg 139-144 and chapter 10, pg
149-161.
7. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 1, pg 13-17.
8. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 3, pg 17-21, Chapter 4, 5 and 17.
9. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 2, pg 85-88.
10. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 1, pg 20-26.
11. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 7, pg 95-105.
12. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 12,13 14, 17 and 18.
13. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 12-15.
14. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Cha
15. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management Approach”,
3rd Edition, Thomson South-Western, 2003, Chapter 1 & 2, P 1- 69
16. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002, Chapter1
& 2, P 1- 82
17. Modh Satish, “Ethical Management”, McMillian India Limited, New Delhi, 2005,
Chapter 1 & 3, P 3-67
18. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management Approach”,
3rd Edition, Thomson South-Western, 2003, Chapter 3 & 4,P 71- 149
19. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002, Chapter
3 & 4, P 83 - 122
20. Modh Satish, “Ethical Management”, McMillian India Limited, New Delhi, 2005, P 109
- 162
21. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management Approach”,
3rd Edition, Thomson South-Western, 2003, Chapter 5, P 149 - 193
22. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002, P
Chapter 6 & 7, P 202-375
23. Modh Satish, “Ethical Management”, McMillan India Limited, New Delhi, 2005,
Chapter 6 & 7, P 71-89
55
G. LECTURE PLAN
LECTURE TOPICS Mode of
NO Delivery
Part I Business
Communication
1 1-4 Definition and Role of Lecture, Discussion Case
Communication Study & Self Study
2 5-8 Process of Communication Lecture, Discussion Case
Study & Self Study
3 9-12 Elements, Facilitators and Barriers Lecture, Discussion Case
of Communication Study & Self Study
Seven C’s of Effective
Communication
4 13-16 Types of Communication Lecture, Discussion Case
Study & Self Study
5 17-20 Communication Networks and Lecture, Discussion Case
Channels Study & Self Study
6 21-24 Cross Cultural Communication Lecture, Discussion Case
Study & Self Study
7 25-28 Art of Speaking Lecture, Discussion Case
Art of Listening Study & Self Study
8 29-32 Art of Conversation Lecture, Discussion Case
Art of Negotiation Study & Self Study
9 33-36 Proxemics, Haptics, Oculesics, Lecture, Discussion Case
Kinesics, Olfatics, Meta Study & Self Study
Communication and Paralanguage
Chronemics
10 37-40 Oral Communication: formal and Lecture, Discussion Case
informal groups Study & Self Study
11 41-44 Interviews, , Lecture, Discussion Case
Study & Self Study
12 45-48 Group discussions Lecture, Discussion Case
Study & Self Study
13 49-52 Role Play Lecture, Discussion Case
Study & Self Study
14 53-56 Written Communication Lecture, Discussion Case
Study & Self Study
15 57-60 Business Report Lecture, Discussion Case
Study & Self Study
16 61-64 Show Cause Notice Lecture, Discussion Case
Study & Self Study
17 65-68 Disciplinary Proceedings, Lecture, Discussion Case
Circulars, Resume Study & Self Study
Part II Business Ethics
2 2-4 Nature of Morality Lecture, Discussion Case
Study & Self Study
56
3 4-6 Normative theories of Ethics Lecture, Discussion Case
- Levels of Business Ethics Study & Self Study
57
Course Curriculum
FINANCE III (FINANCIAL MANAGEMENT) | 6 Credits |
Session: Jan – Apr 2020 | Faculty: Dr. Ruchi Bhandari|
Class: BBA LLB VI SEMESTER
A. INTRODUCTION
Financial management is all about procurement of funds and optimum utilization of funds in
order to achieve the objectives of a business, i.e. wealth maximization. The scope of financial
management is concerned with the financing, investing and dividend decisions. Financing
decisions pertain to the various available sources through which a business may raise funds and
choosing the optimum capital structure. It involves achieving the best mix of equity and debt and
maximizing return to the shareholders while minimizing the risk. Investment decisions involve
the allocation and utilization of funds in the optimum manner. It includes the capital budgeting
techniques to make an optimum investment decision. Dividend decisions pertain to the choice of
a dividend policy. The role of finance manager is to make an effective decision about the ratio of
retained earnings and dividend distributed. The globalization is changing the strategies of
business and the businesses are constantly expanding their horizons through in mergers and
acquisitions. The mergers and acquisitions lead to the creation of goodwill and valuation of
shares. The present course covers the factors leading to valuation of goodwill and shares and the
various methods to calculate goodwill and shares.
B. COURSE OUTCOMES
At the end of the course, students will be able to
[CO1] Acquaint the students with objectives and scope of financial management.
[CO2] Appraise the role of finance managers in various decision making process related to
financing, investing and distribution of dividends.
[CO3] Understand the concepts of capital budgeting process and appreciate the accept-reject
criterion in capital investment projects.
[CO4]Know and apply the principles for calculation of cost of capital.
[CO5] Describe the concepts and application of operating and financial leverages and design the
capital structure.
[CO6] Analyze the dividend policy of a company.
[CO7] Understand the planning, financing and management of working capital.
[CO8] Know the need and factors affecting the valuation of goodwill and shares and their
valuation methodologies.
C. PROGRAM OUTCOMES
[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in professional
lawyering skills to perform competent legal analysis, reasoning, and problem solving in domestic
and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical reading,
writing in objective and persuasive styles, and oral advocacy and other oral communications;
[PO.3]. Demonstrate the ability to conduct domestic and international legal research and
collaborate effectively with others in a variety of legal settings and contexts;
58
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and professional
values and application of knowledge of professional ethics to representation of clients,
performance of duties as an officer of the courts, and behaves in a sensitive manner toward
clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose of ongoing
improvement of the practice of law and exhibits commitment and aptitude for lifelong learning
and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and environmental
contexts, and demonstrate the knowledge of, and need for sustainable development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal profession,
judiciary, public service, non-profit & non-governmental organizations, entrepreneurships, and
corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time management,
discipline, workplace culture, team work, giving and receiving feedback, and achieving balance
in one’s life in a multidisciplinary environment.
D. ASSESSMENT PLAN
Criteria Description Weightage of Marks (%)
Continuous Assessment 4 Test (best 3 will be 30 %
considered)
Project 20 %
End Term Exam Closed Book 50 %
E. CURRICULUM:
PART I
59
Topic -4: Dividend decisions
• Dividend and valuation
• Determinants of dividend policy
• Different dividend models
REFERENCE BOOKS
• Banerjee B., Financial Policy and Management Accounting, PHI Learning Private
Limited, New Delhi, Eighth Edition, 2010.
• Brigham E., References in Managerial Finance, Holt Rinehart & Winston, New York,
2001
• Donald H. Chew, Jr., The New Corporate Finance: Where Theory Meets Practice, Mc-
Graw Hill International Editions, Singapore, 1999.
• Friedland S.,The Economics of Corporate Finance, Prentice Hall, Englewood Cliffs,
1966
• Khan M Y and Jain P K,Financial Management – Text, Problems and Cases,Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007.
• Kishore Ravi M., Financial Management, Taxmann Allied Services (P.) Ltd., New Delhi
Sixth Edition, 2007.
• Levy, H and M Sarnat,Principles of Financial Management, Prentice Hall, Englewood
Cliffs, 1990
60
• Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002.
• Van Horne J C,Financial Management & Policy, Prentice Hall of India, Twelfth Edition,
New Delhi, 2002.
G. LECTURE PLAN
61
Discussion
68-70 Methods of Valuation of Goodwill Lecture, Discussion and
Problem Solving
71 Need for Valuation of Shares and Factors Lecture, Self-Study &
affecting value of shares Discussion
72-76 Methods of Valuation of Equity Shares Lecture, Discussion and
Problem Solving
Total Hours: 80
Lecture Hours: 76
Continuous Assessment: 4 Hrs
62