Teaching Plan

Case Studies:
Interlinking and
Hyperlinking

Semester IV
Batch 2018-23

By
DR. KANAN DIVETIA
ASSISTANT PROFESSOR

Academic Year 2019-20

(Session: December 2019- April 2020)

Symbiosis Law School, NOIDA

Symbiosis International (Deemed
University), Pune
 1. INTRODUCTION
There are numerous laws/statutes governing different subject matters.
These laws are based on few core theories and doctrines which are
fundamental. Laws therefore, are not mutually exclusive and cannot be
studied in isolation. In this course we will understand some underlying
concepts linking several laws. The concepts will be studied through a
representative set of court decisions where these principles either took
tangible form or were applied.

We will study the facts of the cases and the points at issue. We will examine
the judicial reasoning which may be based on application of the legal
principles which the student has hitherto studied under separate subjects
(Constitution, Contract, Torts, Crimes etc.). We will make comparisons with
other cases for findings of similarity and differences.

2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)

A. Knowledge
The overall objective of this course is to enable the students to;
(i) Understand wide range of legal concepts, customs, principles, rules and
procedures surrounding the course of case studies.
(ii) To understand comprehensive & accurate knowledge, and understanding the
legislations in detail;
(iii) To understand the rationale behind such legal concepts and legal provisions
so that he could get involved into various economic, social, commercial and
political context in which the laws are operated.
(iv) After studying case studies, which requires the students to understand the
broad patterns of essential principles & legal provisions, the students can
identify & understand the rationale behind development of law, legislature
and the judiciary. By the time, learners finishes the course, they will have
clear idea how the law is interlinked with each other, including the historical,
political, social, economic and other factors, which may affect the
development of such obligation. The learners will be able to apply the law in
detail and with precision and accuracy to provide an appropriate solution.
B. Skills
The overall objective of this undergraduate course is to develop in the student the
following set of skills: general cognitive intellectual skills; general communicative/
employability skills; and subject specific skills.
Cognitive
The course demands that students have the capacity to demonstrate insight in
presenting materials drawn from a wide, and sometimes contradictory, range of
primary & secondary sources and doctrinal commentary; and to demonstrate an
ability to produce a synthesis of those materials that offers a personal and informed
criticism.
Employability
Case studies will demand that students have the capacity to be able to write and use
orally fluent and complex prose; using legal terminology with scrupulous care and
accuracy.
Subject Specific
Case studies will demand an ability to identify and select key relevant issues and to
apply that knowledge with clarity to difficult situations of significant legal
complexity; to analyse facts and to produce well-supported conclusions in relation to
them.
C. Outcomes
Two key skills will be highlighted by this course (a) case synthesis/problem solving
and (b) independent research. These skills will be central to success completion of
this course(s) scheme of assessment.
(a) Case synthesis/Problem solving
In preparing for tutorials, the students will be asked to read, analyse and synthesize
given situation/s. They need to apply relevant statutory provisions and legal
principles in the given situation and to answer the questions that are asked. They
will be applying their understanding of the law of contract that they would have
learnt within class-room as well as beyond class-room.
(b) Independent research work
In preparing for the coursework assignment, particular emphasis will be placed on
independent learning i.e., the ability to take initiative in the design (individualized
approach or plan of action) and research (external legal and non-legal sources) of
the stated project. The coursework in question is deliberately broadly drawn, and is
designed to challenge the students in this regard.
Final Outcome
Assessment is by compulsory coursework examination (100%) internal under the
auspices of Symbiosis Law School, NOIDA.
3. LECTURES
A. Time and Attendance
At least two lectures per week have been set aside for this course for each division.
Verify it from the timetable assigned for each division. In addition to regular classes,
two Banyan Tree sessions will be conducted which will form part of attendance as
well. Pl. refer to the Banyan Tree Sessions schedule as given under Tutorial- Mode
and Schedule.

Lecture outlines, principally in the form of PowerPoint slides, and relevant

study/reading material will be made available in ‘The Library’ on ‘Curiosity’ Portal
at https://slsnoida.curiositylive.com. To facilitate your understanding of these
lectures, you should always read at least the relevant pages of suggested readings
in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations, please

note, “Students are expected to attend minimum 75% of all scheduled
sessions and other forms of instruction as defined by the programme of
study.”

The student will not be eligible to appear for the examination if he / she fail to put in
the required attendance. The Students can update themselves of their attendance
daily online in ‘Attendance’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com.

B. Notifications:
Learners are informed that notice/s, if required, with respect to Academic-
Administration, either by Course-in-Charge or Faculty-In-Charge, Academic
Coordination will be sent using ‘Owl@Curiosity’. No notifications will be published by
Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner using
‘Library@Curiosity’. You are required to keep yourself duly informed.

C. Lecture Outline
WEEK 1 Lecture 1 – Discussion of Teaching Plan
December Lecture 2- Objective of case studies, significance
23, 2019 of interlinking in legal studies

WEEK 2 Topic : Criminal Law Concepts in context: Interlinking

December and Hyper-Linking Law of Evidence
30, 2019
Lecture 3 – Selvi v. State of Karnataka (2010) 7 SCC
263)

WEEK 3 Lecture 4 – R. v. Dudley and Stephens [1884] 14 QBD

January 06, 273 DC
2020
Lecture 5 – R. v. Dudley and Stephens [1884] 14 QBD
273 DC

WEEK 4 Lecture 6 – Prosecutor v ThunesteBagasora et. Al ICTR -

January 13, 19-41-I
2020

WEEK 5 Lecture 7– Erji v. Turkey ECHR Judgment of 28 July 1998,

January 20, App No. 23818/94
2020
Lecture 8 – Erji v. Turkey ECHR Judgment of 28 July 1998,
App No. 23818/94

WEEK 6 Lecture 9- Buckleyvs UK Application No. 20348/92,

January 27, (25/9/1996)
2020
 WEEK 7 Topic: Interlinking Constitutionalism, Constitutional Law and
February Criminal Law: Understanding Concepts, Rules and Context
03, 2020
Lecture 10 – ArunaRamchandra Shanbaug v. Union of India
(2011) 4 SCC 454

Lecture 11 – ArunaRamchandra Shanbaug v. Union of India

(2011) 4 SCC 454

WEEK 8 Lecture 12 – Naz Foundation v. Govt. of NCT, Delhi, (2010) 4

February Cr. L.J. 94 (Del)
10, 2020

WEEK9 Lecture 13 – Centre for Public Interest Litigation v. Union of

February India. (2012) 3 SCC 1
17, 2020
Lecture 14 – Centre for Public Interest Litigation v. Union of
India. (2012) 3 SCC 1

WEEK10 Lecture 15 – District Registrar & Collector, Hyderabad &

February Another v. Canara Bank & Another (2005) 1 SCC 496
24, 2020

Topic: Interlinking and Hyperlinking Constitutional Law, Tort

WEEK11 Law and Environmental Law
March 02, Lecture 16: The case of the S.S. Lotus, France v. Turkey,
2020 S.S. Lotus 1927 P.C.I.J. (ser.A) No. 10 (Sept.7)

Lecture 17: Bombay Dyeing &Mfg.Co. Ltd.v. Bombay

 Environmental Action Group, (2006) 3 SCC 434

Lecture 18: M.C. Mehta v. Union of India. (2011) 17 SCC 294

WEEK12
March 09,
2020
Topic: Interlinking and Hyper-Linking Law of Contracts and
WEEK13 Corporate Laws
March 16,
2020 Lecture 19: ByrajuRamalingraju s/o Satyanarayan Raju v.
State of CBI Rep. By Chief Investigating Officer
MANU/AP/0944/2010

Lecture 20: ByrajuRamalingraju s/o Satyanarayan Raju v.

State of CBI Rep. By Chief Investigating Officer
MANU/AP/0944/2010

Lecture 21: M.S. Madhoosadhan&Anothers v. Kerala Kamudi

WEEK14 Pvt. Ltd. 2003 (6) ALDI (SC)
March 23,
2020
Lecture 22:F.C Bardely& Sons Ltd. Fredral Steel Navigation
WEEK 15 Co. (1926) 24 Li. Rep 446
March 30, 2020

Lecture 23: Standard Oil Co. v. United States, 340 US 54

WEEK 16 (1950)
April 06, 2020

Lecture 24: Revision

WEEK 17
April 13, 2020
4. Reading and Materials

(A)Textbooks

1.Pollock and Mulla, The Indian Contract and Specific Relief Acts,14th Edition, 2012,
LexisNexis and Butterworths Wadha
2.K.D.Gaur, Text Book on the Indian Penal Code (6th Edition, 2016) Universal Law
Publishing Co. Pvt. Ltd, New Delhi.
3. K.T. Vibhute P.S.A. Pillai’s Criminal Law (12th Edition, 2015). LexisNexis-
Butterworths, New Delhi.
4. Ratanlal and Dhirajlal, The Indian Penal Code, (34th Edition, 2014) Revised by
K.T. Thomas.
5. K.D. Gaur, Criminal Laws: Cases and Materials (8th Edition, 2015), LexisNexis
Butterworths, New Delhi.
6. Nutcases – Contract Law, by Anne Ruff; Thomson Reuter Publications
7. Casebook on Contract, by Andrew Burrow; Mohan Law House
8. H.M. Seervai: Constitutional Law of India: A Critical Commentary Vol.3
9. D.J. De: The Constitution of India. Asia Law House.
10. Granville Austin: Working of A Democratic Constitution: The Indian Experience,
Oxford University Press (2002)
11. Glanville Austin: The Indian Constitution: Cornerstone of a Nation, Oxford
University Press, New Delhi (1998).
12. ShyamDiwan& Armin Rosencranz: Environmental Law and Policy in India: Cases,
Materials, and Statutes, OUP, New Delhi, (2002)

(B) Prescribed Legislations

1. The Constitution of India, 1950

2. Indian Penal Code, 1860
3. Criminal Procedure Code.
4. The Indian Evidence Act, 1872
5. The Code of Civil Procedure, 1908
6. Indian Limitation Act, 1908
7. The Indian Contract Act, 1872
8. The Environment Protection Act,1986
Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions
of a number of the above texts might also be available and can be consulted once
account is taken of their datedness, particularly as to applicable case law. These
texts were selected because they provide in one volume a combination of text, cases
and materials i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much
more to the Tort law than this, and you will undoubtedly benefit from undertaking
some reading and study of your own. It is creditable if you, in respect of the proper
use of independent research and study, follow up in the Law Library some of the case
references, periodical articles or other material referred to in the prime textbook or in
class – or even to do some research of your own. For supplementary reading, you
could, for instance, begin by consulting the relevant sections of the “alternative” texts
placed on loan in the law library. Thereafter you could engage in your own research,
with particular reference to journals on online databases including SCC Online,
LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer
Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition),
CLAOnline, Ebrary, Emerald & EBSCO, and offline data base including AIR.

5.Assessement
Assessment is 100% Internal.
Internal Assessment:

Case Studies: Interlinking and Hyper-linking is a 2 credit course so you will be

examined in this course for 50 marks.

A. First Internal Assessment –Project (10 Marks)

B. Second Internal Assessment – Tutorial (Open Book Examination)(20
marks)
C. Third Internal Assessment - (Learning & Log Diary ) (20 marks)

6.Internal Assessment Mode and Schedule

(A) Project Mode and Schedule
Research project is aimed at improving ‘research skills’ of the students to make
teaching-learning exercise more challenging and rigorous than standard lecture and
test format courses. It further aims at enhancing learning capability of learners by
the process of carrying research activities.
One research project will be undertaken by students which will be evaluated out of
10 marks. The learners are required to prepare the project as per detailed guidelines
mentioned below as well as mentioned in Annexure A and submit it accordingly.
1. A list of case law for analysis to each learner will be uploaded on ‘library’@
curiosity portal.
1. Word Limit of the project should not exceed more than 2500 words
2. No Spiral Binding/plastic covers only stapled copy.
3. Printing to be done on both sides. (A4 sheets)
4. No handwritten submissions shall be taken.
5. There will be negative marking (1 mark) for late submission of the project by the
learner after the prescribed date of submission.
6. Complete Plagiarism report generated via Turn-it-in shall be submitted as the
final submission along with the Cover page in the required format (Max. Limit – 15-
20%)
Turnitin report highlighting content similarity of more than20% shall invite
strict actions and the learner shall be awarded “zero” marks for the project.
Despite the report’s content similarity being lower, if the Course-in-charge
identifies any form of plagiarism, undetected by Turnitin, the learner will
have to face a penalty of negative marking (Negative marking of up to2
marks).

7. The learners shall be evaluated on the basis of the following criteria: (following
points to be mentioned as the header of the case analysis:-
a. Facts (2 Mark)
b. Issues (2 Marks)
c. Analysis having interlinked perspective (4 Marks)
d. Conclusion (2 Marks)
The timetable for the project submission is as follows:

Project Submission Schedule

Assignment Submission Result

December 24, 2019 February 07, 2020 February 19,2020

B. Tutorial Mode and Schedule

Tutorial will be cases/ problem question of 20 marks, minimum two questions of 10
marks each. It is an open book exam and learners are allowed to bring any reading
materials except electronic material during the tutorial.
Tutorial Skills
The tutorials will give the learners an opportunity for assessing their learning of
case studies. If the learners are well prepared to take part in such test, the more
they will learn from it and excel in examination as well as understanding of the
subject. Tutorials also provide them an opportunity to develop written skills of
presentation and reasoned argument. In order to achieve the two stated skills
objectives – presentation and problem solving skills will be evaluated of the
learners.

Tutorial - Schedule

Date

Tutorial Topic
Result
Test

March 03, 2020 March 14, 2020 Topics: 1 to 4

Banyan Tree Schedule:

Process: You are notified that two online sessions with the help of ‘Banyan Tree
@Curiosity’ will be conducted for Tutorial. This activity is compulsory for all and
attendance so granted will form part of the total attendance. Both these sessions are
COMPULSORY for all learners. Your quality response/answer/reply within stipulated
Date and Time allotted should be submitted. Those, who will respond/answer/reply
within stipulated Date and Time allotted, will be granted attendance for ‘One
Lecture’. No response from a learner will result in absentee of the said learner.
Please remember attendance so granted for the session/s will form part of the total
lectures and thus attendance.

Tutorial– Online Sessions @Banyan Tree

Begins Ends
Session Attendance

Date & Time Date & Time

January 21, 2020 January 23,2020

 I @8:00 pm @11:59 pm One Lecture

February 13, 2020 February 15, 2020

II @8:00pm @11:59 pm One Lecture

The student will not be eligible to appear for the examination if he / she fails to put in
the required attendance. The Students can update themselves of their attendance daily
online in ‘Attendance’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com

(C) Learning Log Diary

The third mode of internal assessment for the learners for this course shall be
maintaining learning log diaries (20 marks). Learning Log diaries will give the
learners an opportunity to get themselves updated with the recent Supreme Court
and various High court judgments. The learners shall develop the skill of making
detailed notes of the judgments which will further help them to have better
understanding of the interlinking of the laws used in the said judgment. The learners
are required to select any four latest Supreme Court and various High court
judgments/orders passed from January, 2018 to January, 2020 within the scope of
prescribed legislations as provided under 4(B) of the this teaching plan. Further
learners are supposed to link them with the current socio-political and economic
scenario. The notification for the same shall be provided to the learners through
OWL@Curiosity.

The learner are required to prepare each case analysis as per the following headers:
(evaluation of each case analysis)
(1) Name of the case/Name of the Court/ Bench/
(2) Law/Rule Applied (1 mark)
(3) Facts of the case (1 marks)
(4) Analysis having interlinked perspective (3 marks)
Hence, all the four cases shall be evaluated out of 5 marks each totaling upto 20
marks.
Apart from the above criteria, learners shall be over-all evaluated on the basis of
their punctuality i.e timely submission of the learning log diary, clarity of thoughts,
knowledge of the course and application of concepts.
Submission Guidelines:
 The learning log diary maintained by the learner shall needs to be printed. No
hand written submission is permitted.
 Word Limit of the each case analysis should not exceed 600 words.
 No Spiral Binding/plastic covers only stapled copy.
 Printing to be done on both sides. (A4 sheets)
 There will be negative marking (2 marks) for late submission of the project
by the learner after the prescribed date of submission. No submission will be
accepted after April 02, 2020 under any circumstances.
 Complete Plagiarism report generated via Turn-it-in shall be submitted as the
final submission along with the Cover page in the required format (Max. Limit
– 15-20%)
 Turnitin report highlighting content similarity of more than 20% shall
invite strict actions and the learner shall be awarded “zero” marks for
the project.
 Despite the report’s content similarity being lower, if the Course-in-
charge identifies any form of plagiarism, undetected by Turnitin, the
learner will have to face a penalty of negative marking (Negative
marking of up to 2 marks).

Submission of Learning Log Diary Schedule

Submission Result
April 02, 2020 April 04, 2020
*The timings for the submission shall be notified.

7. ADMINISTRATIVE ARRANGEMENTS AND CONTACT HOURS

The course in charge of Case Studies: Interlinking and Hyper-linking is Dr. Kanan
Divetia.If any doubts remain, kindly contact via her e-mail ID:
kanan@symlaw.edu.in during office hours, i.e. 9 am to 5 pm. They may also visit
the course-in-charge between 2 pm and 4.30 pm on Tuesday and Friday.
All questions, comments, and feedback are welcome. While the lessons will be
seminar-style and all learners are encouraged to participate, those who do struggle
to speak in class are welcome to continue the conversation in person after class as
well. The aim is to give learners the greatest flexibility and autonomy over their
learning and thought process, especially when it comes to their distinct analyses of
the provided readings.
 Annexure A
GUIDELINES FOR PROJECT SUBMISSION

The maximum marks for the project are 10. The final copy of the project should be
presented in accordance with the following specifications:
1. Typewriting shall be in a standardized form in single line spacing with
following specifications:
 Paper size: A4. Printing shall be done on both sides of the paper.
 No Spiral Binding/plastic covers, only stapled copy.
 Plagiarism report to be attached by the learners (Max. limit – 15-20%)
 No handwritten submissions shall be taken.
 Orientation: Portrait.
 Font: Verdana.
 Font Size: Main Heading 16(Bold), Sub Heading 14(Bold) and text 12
 Alignment: Justified.
 MS Word: Updated Version.
 Word Limit: 2000-2500 Maximum

2. The title of the project, name of the candidate, degree, faculty, university,
month and year of submission, and the name of the research guide with
his/her designation and full official address shall be printed on the first page
and on the front cover as given in Annexure – ‘A’
 Appendix ‘A’- Front page and Cover

TITLE OF THE PROJECT (centered on two or more lines)

---------------------------------------------------------------------

Submitted by

Name of the candidate

-------------------------------------------------------

Batch…..Programme of Study…..Division …. PRN…...

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In
Month, year

Under the guidance of

Name of Faculty
_________________________

Designation and official address of the faculty

official address of
Faculty
_______________________________________
 Appendix ‘B’- BIBLIOGRAPHY

The Bibliography should contain a list of all the books, journals, articles and pamphlets
that the researcher has consulted during the course of the study. It should be arranged
alphabetically using Bluebook citation format.