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SYLLABUS

LL.M. (ONE YEAR PROGRAM)

SEMESTER-I
COMPULSORY PAPERS
OCTOBER 2020 – JANUARY 2021

HIDAYATULLAH NATIONAL LAW


UNIVERSITY
SYLLABUS

COMPULSORY PAPER
Law and Justice in a Globalizing World
COURSE OUTLINE

Faculty Dr. Ayan Hazra Year/Semester LL.M.


Dr. Ankit Awasthi

Course Name Law and Justice in Period 1st Semester


Globalizing World
No of Classes 04 hours 30 minutes Each Session 90 Minutes
Duration

Course Overview
It is contended that over the most recent couple of a long time there have been detectable
changes across fringes affecting individuals in pretty much every circle. These improvements
are frequently alluded to as globalization. Ostensibly these advancements have been impacting
global law in a few ways. Most significant impact on worldwide law can be in two different
ways: one is the effect on the creation of global law and the other is on the considerable
substance of worldwide law. Generally, States are creators of worldwide law. This
circumstance has not gone through any central changes. In any case, it is contended that, not at
all like the previous, a few entertainers are affecting the choices of States in various manners.
These entertainers, extensively classified as non-state entertainers, incorporate outfitted
gatherings, social developments and business elements. Notwithstanding it, the meaningful
substance of global law, it is contended as going through changes, in this way prompting
change in the thought of equity at the worldwide level. While each activity towards law making
impacts changes in the considerable law, it is basic to assess how those progressions are
influencing the ideas of equity at the worldwide level.

Objectives:
• To make students understand about the wider aspects of law.
• To make students understand about the inter-section of law, justice and globalization.
• To discuss about the principles of law and justice in contemporary scenario.
• To discuss about the impact of globalization.

Learning outcomes:
• Students will understand law and justice along with its growth and development.

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• Students will develop analytical thinking about the contemporary aspects of


globalization from law and justice point of view.

Scheme of Evaluation:

• Research Project 20 Marks


• End-Semester Examination: 80 Marks
• Total 100 Marks

Syllabus of Law and Justice in a Globalizing World

Module I- Introduction
• Concept of Law & Justice
• Law making power of different organs of the State
• Components of Judicial Process (Judges, Lawyers, Law Schools) commissions &
committees
• Types of Justice i.e. compensatory justice, distributive justice, socio-economic justice,
social justice etc.
• Perspective on Social Justice:
▪ Mahatma Gandhi: Ideas on Social Justice, Caste, Untouchability, Village
communities, Self- governance, Trusteeship theory, Sarvodaya, Antyodaya
▪ Dr. B. R. Ambedkar: Caste System, Untouchability, Social Transformation,
Destruction of Hinduism, Political Safeguards
▪ Dr. Ram Manohar Lohia: Socialism, Marxism, Capitalism, Small Unit Machine

Module II- The Process of Globalization


• Globalization: The Historical and Social Context, Distinctive Characteristics and
Dimensions: Economic, Technological, Social and Cultural.
• Modernization and Globalization, Neo-Liberalism and Global Capitalism and
Globalization and Nation State
• Globalization and Culture: The Ethos of Globalization (Individualism, Freedom,
Consumerism) Cultural Homogenization, Hegemony and Dominance Impact of
Globalization on Poor and Women

Module III – The Doctrine of Precedent and Growth of Law: An Indian Perspective
• The Rule of Law in a Globalizing World
• Role of Precedent in the development of Law and Society
• Judicial Creativity, Judicial Activism and Judicial over – Activism
• Issues affecting Justice delivery system (Transfer, Court Packing, Judicial
Accountability- Reasoned Decision, Legislative Reaction, Executive Reaction,
Reaction of Public and Media, Judicial Ethics and Conduct)
• Role of dissent in the development of law and society

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Module IV- Rights of Indigenous People


• Indigenous People: Traditional Knowledge, Traditional knowledge of India, Right of
Self- Determination, Right to Use Natural Resource, Right to use Land as a Cultural
Right, Biodiversity, Exploitation of Rights of Indigenous People,
• Problems of Tribal, Overview of the Panchayats (Extension to the
Scheduled Areas) Act, 1996 (PESA) and Forest Right Act, 2006.
Module V: International Organizations vis-à-vis Globalization
• Role of United Nations in the Globalization Process
• Role of Bretton Woods Institutions in the Globalization Process: with special reference
to the WTO
• MNCs & CSR

Module VI: Litmus Testing of Globalization


• Impact of Globalization on Judicial Process and administration of Justice
• Impact of globalization on Human Rights with special reference to Gender Right:
▪ Feminism, Types, Sexual Violence, UNO and Women Rights, India and Women
Rights, Women and law in India
• Impact of globalization on free market and related notions
• Globalization vis-à-vis Environment and development

References:
Books:
1. Acharya N.K., Text Book on Intellectual Property Rights, Asia Law House, Hyderabad
(2001).
2. Agarwala V.K., Law and Practice of Intellectual Property in India, Bharat Law House,
New Delhi (1999)
3. Anaya James, Indigenous Peoples in International Law, Oxford University Press, New
York (1996).
4. Bhatnagar J. P, Women and Their Rights, Ashoka Law House, 2"^ Edn, 1998, New
Delhi.
5. Bimal N. Patel, “Responsibility of International Organizations” Eastern book
Company.
6. Bryan Horrigan, Adventures in Law and Justice, Universal Law Publishing Co. Pvt.
Ltd, l" hidian Reprint, 2005, New Delhi.
7. Chakrabarthy, N.K., (Dr.) Gender Justice, V edition 2006, R. Cambray & Co. Private
Ltd, Kolkata.

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8. Christine Chorine, Women and the Law, Vol-2, Socio-Legal Information Centre, 1999,
Bombay.
9. Das J.K., Human Rights and Indigenous Peoples, APH Publishing Corporation, New
Delhi (2001).
10. Das J.K., Indigenous Peoples, Sustainable Development and Human Rights, Ganga
Kaveri Publishing House, Varanasi (1997).
11. Dev. Raj (2003). Globalisation and Decentralized Economic Development, New Delhi:
Raj at Publications.
12. Devinder Sharma (1994). GATT and India. The Politics of Agriculture, New Delhi:
Konark Publishers Pvt. Ltd.
13. Dipankar Sengupta, Debashis Chakraborty and Pritain Benergee (ed) (2006). Beyond
the Transition Phase of WTO: An Indian Perspective on Emerging Issues, New Delhi:
Academic Foundation.
14. Falendra. K. Sudan (2005). Globalisation and Liberalization. Nature and
Consequences, New Delhi: Serials Publications.
15. Kenneth W. Abbott, “The Law and Politics of International Organizations” Edward
Elgar Publishing.
16. Rosalyn Higgins, Development of International Law through the Political Organs of
17. Sixty Years of the Multilateral Trading System: Achievements and Challenges,
published by WTO Publications.
18. The Future of Trade: The Challenges of Convergence (Report of the Panel on Defining
the Future of Trade convened by WTO Director-General Pascal Lamy), published by
WTO Publications
19. the United Nations (1963)
20. Tom Campbell and Alejandra Mancilla, “Theories of Justice” ASHGATE.
21. Upendra Baxi, The Future of Human Rights, Oxford University Press, 2002.
22. William Twining, General Jurisprudence: Understanding Law from a Global
Perspective (Cambridge University Press, 2009).
23. World Commission on Social Dimension of Globalization, A Fair Globalization:
Creating Opportunities for All (2004).

Articles:
1. Ajit Pal Singh, “Globalization and its Impact on National Policies with Reference to
India: An Overview of Different Dimensions” Journal of Constitutional and
Parliamentary Studies 62-78 (2008).
2. Amit Kumar Sinha, “Human Rights in the Era of Globalization” Madras Law Journal
124-136 (2010).
3. Bag R.K, Domestic Violence and Crime against Women, Criminal Law Journal 1999.
4. Bag R.K., Domestic Violence & Crime against Women, Criminal Justice Response in
India, Journal of Indian Law Institute, Vol. 39, 1997 Issue 2-4.
5. Bhatt D.K., Human Rights and Gender Issues: A Socio-Legal Perspective, Indian Bar
Review, Vol.27 (1) 2000.
6. Bhatt D.K., Human Rights and Status of Women: A Socio-Legal Analysis, Journal Neo,
Socio-Legal, Perceptions & Challenges of Bio Genetic-technology, AIR 2000.

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7. James Kraska, “Global and Going Nowhere: Sustainable Development, Global


Governance and Liberal Democracy” Denver Journal of International Law 1127-1200
(Summer 2006).
8. Chakraborty, Dolly (2002) IPRS and Indian Agriculture: Plant Variety Protection under
a Sui Generis System in India. Indian Development Review, New Delhi: Serials
Publication.
9. Chand, Ramesh (2003). Impact of Trade liberalization and related Reforms on India’s
Agricultural Sector, Rural Food Security Income and Poverty.
10. Chaturvedi, Sachin and Gunjan Nagpal (2003). WTO and Product Related
Environmental Standards: Emerging Issues and Policy Options. Economic and Political
Weekly, 38(1): 66-74.
11. Connell, Peter Shirshare Hogi and Nilufar John (2004) Indian Agriculture Trends,
Trade and Policy Reforms. Australia Commodities, 11(4): 611-630.
12. Damodaran, A. (2001). WTO Agriculture Agreement Common Property Resources and
Income Diversification Strategy. Economic and Political Weekly, 36(38):3633-3640.
13. Martina Piewitt, “Participatory Governance in the WTO: How Inclusive is Global Civil
Society” Journal of World Trade 467-488 (April 2010).
14. Pierrick Le Goff, “Global Law: A Legal Phenomenon Emerging from the Process of
Globalization”, Ind. J. Global Legal Studies 119 (2007).
15. Hisashi Owada, “The Rule of Law in a Globalizing World—An Asian Perspective,” 8
Wash. U. Global Stud. L. Rev. 187 (2009).
16. Carlos Vargas, “Lifelong learning from a social justice perspective”, Education
Research and Foresight Working Papers, UNESCO (2017).
17. Dorina Tanasescu, Felicia Dumitru and Georgiana Dinca, “The Role of the
International Organisms in the Globalization Process”, published by IntechOpen
(2012).

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COMPULSORY PAPER
Research Methods and Legal Writing
COURSE OUTLINE

Faculty Dr. Kaumudhi Challa Year/Semester LL.M.


Dr. Avinash Samal
Dr. Uttam K. Panda
Course Name Research Methods and Period 1st Semester
Legal Writing
No of Classes 04 hours 30 minutes Each Session 90 Minutes
Duration

Course Outline:
Research is a quest for acquiring new knowledge. Research is a careful, thorough and
systematic investigation for proving or disproving a hypothetical assumption, theory or
principle in the field of inquiry. Legal Research means research in law which deals with the
principles of law and legal institutions. The objective is to discover new facts or to verify the
existing facts, to propound a new legal concept or to analyze existing law and give suggestions
for a new law. To carry out a research to complete successfully a researcher must be aware of
the research methods i.e. the method and techniques of doing research. A research method is a
systematized investigation to gain new knowledge about the phenomena or problems. It is the
technique of conducting research and study of the technique of doing research is research
methodology. In a broader sense the research methodology includes the research methods as
well as the philosophy and practice of the whole research process. A good research method is
crucial for conducting proper research and getting useful results. This course is designed to
give an insight into the meaning and significance of research methods for legal research to the
law students in contemporary times. It aims to provide an understanding of various types of
research methods and the different techniques of legal research and legal writing with a view
to equip the students for further research in law.
The course will be carried out through lectures, discussions and project writing on issues of national
and international importance.

Objectives

• To enable the students to understand and appreciate the significance of research in legal
studies.
• To enable the students to understand the importance of interdisciplinary research involving
other disciplines such as sociology, political science, other sciences and law.
• To make the students aware of the different types of research methods and their importance,
not only in legal studies but also for the society, economy and polity as whole.
• To help the students to know the significance of doctrinal method in law.

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• To enable the students to know the importance of non-doctrinal research and its relevance
in contemporary times
• To develop an understanding of the technique of legal research writing and research
proposal.
Learning Outcomes:
On successful completion of this course, students will be able to:
• Comprehend the importance of research in creation and dissemination of knowledge in law
and other allied subjects;
• Understand and learn various methods and techniques of doing research in law and other
social sciences following appropriate methods and approaches;
• Identify major problems affecting our society, economy and polity and apply the methods,
tools and techniques learnt to come out with relevant research studies and solutions to
resolve those problems;
Scheme of Evaluation:

• Research Project 20 Marks


• End-Semester Examination: 80 Marks
• Total 100 Marks

Syllabus of Research Methods and Legal Writing

Module I: Introduction to Research


• Definition and Meaning of Research, Objectives, Motivation and Significance of
Research
• Scientific Methods of Research: Characteristics of Scientific Method
• Types of Research – Theoretical vs. Empirical, Descriptive vs. Analytical, Fundamental
vs. Applied, Quantitative vs. Qualitative and other types like Historical and Action
Research
Module II: Understanding Legal Research
• Definition and Meaning of Legal Research - Objectives of Legal Research, Motivation
for Legal Research, Significance of Legal Research
• Logic and Research
• Induction and Deduction Method in Scientific Research

Module III: Methods of Legal Research


• Doctrinal or Traditional Research Methods - Meaning of Doctrinal Research,
Characteristics of Doctrinal Research, Merits and Demerits of Doctrinal Research in
Law
• Non-Doctrinal or Empirical Legal Research - Meaning of Non-Doctrinal Research,
Features and Characteristics of Non-Doctrinal Research, Merits and Demerits of Non-
Doctrinal Research in Law
• Survey Method: Census and Sample Survey

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• Case Study Method


• Historical and Ethnographic Methods

Module IV: Major Steps in Legal Research


• Research Problem: Identifying and defining the Research Problem, Steps in Problem
Formulation, Significance of Research Problem, Rationale of Study
• Review of Literature and Identification of Research Gaps, Significance of Review of
Literature, Steps involved in Review of Literature
• Formulation of Objectives
• Hypothesis: Meaning and Importance of Hypothesis, Formulation of Hypothesis, Types
of Hypothesis in Legal Research, Sources of Hypothesis, Characteristics of a Good
Hypothesis
• Research Design: Meaning and Significance of Research Design, Working out a
Research Design, Types of Research Design
• Data Collection in Doctrinal Research: Meaning of Data, Types of Data, Primary and
Secondary Sources of Data; Data Analysis, Data Interpretation and Drawing of
inferences
• Data Collection in Non-Doctrinal Research: Primary and Secondary Sources of Data,
Meaning of Universe, Population and Sample, Importance of Sampling, Types of
Sampling, Difference between sampling method and census method
• Methods of Data Collection in Non-Doctrinal Research: Questionnaires and Schedules,
Observation, Interview, Group Discussion, Focused Group Discussion
• Analysis and Interpretation of Data in Non-Doctrinal Research

Module V: Developing a Good Research Proposal

• The Layout of a Research Proposal


• The Feasibility of the Project Proposal

Module VI: Legal Research Report Writing

• Steps in Legal Research Report Writing


• Contents of Good Legal Research Report
• Criteria for a Good Legal Research Report
• The Problem of Plagiarism
• Citation Methods: Footnotes, End Notes, References and Bibliography
• Citation Styles: MLA Handbook Format, Blue Book Citations

Suggested Readings:
• Agrawal, S. K. (1973). Legal Education in India, Tripathi Publishers, Bombay.
• Brayne, H., N. Duncan and R. Grimes (1998). Clinical Legal Education Active
Learning in Your Law School, Oxford.

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• Durstan, Anderson J and B. H. Pooli (1977). Thesis and Assignment Writing, Eastern
Books Limited, New Delhi.
• Goode, W. J. and Hatt P. K. (1962). Methods of Social Research, McGraw Hill, New
York.
• Jain, S. N. (1983). Legal Research & Methodology, Indian Law Institute Publication,
(Ed.) Tripathi Pvt. Ltd., Bombay.
• Kothari C.R. (2004). Research Methodology: Methods and Techniques, 2nd Edition,
New Age International Publishers, New Delhi.
• Myneni S. R. (2006). Legal Research Methodology, Pioneer Books, Allahabad Law
Agency, Haryana (3rd Edition).
• Saha, Tushar Kanti (2010). Textbook on Legal Methods, Legal Systems and Research,
Universal Law Publishing Co., New Delhi.
• Tiwari, H. N. (2003). Legal Research Methodology, Allahabad Law Agency, Haryana.
• Verma, S. K. and Afzal M Wani (Ed). (2001). Legal Research and Methodology, 2nd
Edition Indian Law Institute, New Delhi.
• Wilkinson, T. S. And P. L. Bhandarkar (2010). Methodology and Techniques of
Social Research, Himalaya Publishing House, New Delhi.
• Phanse Sameer (2016). Research Methodology: Logic Methods, and Cases, Oxford
University Press, New Delhi.
• Loseke, D. R. (2013). Methodological Thinking. Sage Publications, New Delhi.

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COMPULSORY PAPER
Comparative Public Law
COURSE OUTLINE

Faculty Dr. Deepak K Srivatava Year/Semester LL.M.


Mrs. Aditi Singh

Course Name Comparative Public Law Period 1st Semester

No of Contact 04 hours 30 minutes Each Session 90 Minutes


Hours (Week) Duration

Objectives:

This paper focuses on analytical and theoretical scrutiny of Public Law especially
Constitutional Law and its component in comparative manner to enable the students and
develop amongst them the proper understanding of the subject.

Scheme of Evaluation:

• Research Project 20 Marks


• End-Semester Examination: 80 Marks
• Total 100 Marks

Syllabus of Comparative Public Law

Module I: Public Law


• Meaning and definition of Public Law
• Concept of Public Law
• Public Law – International Law, Constitutional Law and Administrative Law
• Distinction between Public Law and Private Law
Module II: Concept of Constitution
• Meaning and Idea of Constitution, Nature and objectives
• Living Constitution
• Organic Constitution
• Constitution as Fundamental Law

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Module III: Constitutionalism


• Concept, Distinction between Constitution and Constitutionalism
• Essential features of Constitutionalism -Written Constitution, Separation of Powers,
Fundamental Rights, Independence of Judiciary and Judicial Review

Module IV: Constitutional foundations of powers


• Supremacy of Legislature in Law Making
• Rule of law
▪ Dicey's Concept of Rule of Law
▪ Modern Concept of Rule of Law
▪ Social and economic rights as part of rule of law
• Separation of powers
• Concept of Separation of Powers
• Checks and Balances
• Separation of Powers or Separation of Functions

Module V: Classification of Constitution


• Federal and Unitary Forms
▪ Features, Advantages and Disadvantages
▪ Models of Federalism and Concept of Quasi-federalism
▪ Role of Courts in Preserving Federalism
• Parliamentary and Presidential Forms of Government

Module VI: Courts

• Writ Jurisdiction
• Protecting public interests through litigation.
• Locus standi and the nature of the judicial power.
Module VII: Judicial Review
• Independence of Judiciary
• Concept and Origin of Judicial Review
• Limitations on Judicial Review
• Judicial Accountability
Module VIII: Constitutional Amendments
• Various Methods of Amendment
• Limitations on Amending Power: Comparative Perspective

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• Theory of Basic Structure

Suggested Readings
Books
1. Christopher Forsyth, Mark Elliott, Swati Jhaveri, Effective Judicial Review: A
Cornerstone of Good Governance (Oxford University Press, 2010).
2. D.D. Basu, Comparative Constitutional Law ( 2nd ed., Wadhwa Nagpur).
3. David Strauss, The Living Constitution (Oxford University Press, 2010)
4. Dr. Subhash C Kashyap, Framing of Indian Constitution (Universal Law, 2004)
5. Elizabeth Giussani, Constitutional and Administrative Law (Sweet and Maxwell,
2008).
6. Erwin Chemerinsky, Constitutional Law, Principles and Policies (3rd ed., Aspen, 2006)
7. M.V. Pylee, Constitution of the World (Universal, 2006)
8. Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company, 1989).
9. Neal Devins and Louis Fisher, The Democratic Constitution (Oxford University Press,
2010)
10. S.N Ray, Judicial Review and Fundamental Rights (Eastern Law House, 1974).
11. Sudhir Krishna Swamy, Democracy and constitutionalism in India - A Study of the
Basic Structure Doctrine (Oxford University Press, 2009)
12. Sunil Khilnani,Vikram Raghavan, Arun Thiruvengadam, Comparative
Constitutionalism in South Asia (Oxford University Press, 2013).
13. Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law
(Oxford University Press, 2009).
14. Zachery Elkins, Tom Ginsburg, James Melton, The Endurance of National
Constitutions (Cambridge University Press, 2009).

Articles

1. Aman Ullah and Uzair Samee, "Basic Structure of Constitution: Impact of


Kesavananda Bharati on Constitutional Status of Fundamental Rights", Vol. 26 (2)
South Asian Studies 299-309 (July- December 2011).

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2. Anne Smith, "Internationalization and Constitutional Borrowing in Drafting Bills of


Rights", 60(4) International and Comparative Law Quarterly 867-894
(2011October).
3. Bruce Ackerman, "The New Separation of Powers" 113 (3) Harv. L. Rev. 634-729
(2000)
4. Bryan Clark and Amanda Leiter, "Regulatory hide and seek: What agencies can (and
can't) do to limit judicial review" 52(5) Boston College Law Review 1687-1732 (2011
November)
5. Chhavi Agarwal, " Rule of Law: Reflection upon we the People and Beyond" 252
(1) Madras Law Journal 8-16 (2010)
6. Daniel B. Rodriguez, "Change that matters: Essay on State Constitutional
Development", 115(4) Penn State Law Review 1073-1098 (Spring 2011).
7. Daryl Levinson and Richard H. Pildes "Separation of Parties, Not Powers" 119(8)
Harvard Law Review 2311-2386 (2006).
8. David King, "Formalizing Local Constitutional Standards of Review and the
Implications for Federalism" 97 (7) Virginia Law Review 1685-1726 (November
2011).
9. David Staruss, "Do we Have a Living Constitution" 59 (4) Drake Law Review 973-
984 (2011 Summer)
10. Devi Prasad Singh, "Sovereignty, Judicial Review and Separation of Power", 7(5)
Supreme Court Cases 1-13 (2012 September)
11. Glen Staszewski, "Political Reasons, Deliberative Democracy and Administrative
Law", 97(3) Iowa Law Review 849-912 (2012 March):
12. Ishwara Bhat, "Why and how Federalism matters in Elimination of Disparities and
Promotion of Equal Opportunities for Positive Rights", 54(3) Journal of the Indian
Law Institute 324-363 (July-Sept 2012).
13. Jessica Bulman, "Federalism as a safeguard of the Separation of Powers", 112(3)
Columbia Law Review 459-506 (2012 April)
14. Jonathan Siegel, "Institutional case for Judicial Review" 97(4) Iowa Law Review
1147-1200 (2012 May).
15. K.K. Venugopal, "Separation of Power and the Supreme Court of India", Vol. 2 No.
2 Journal of Law and Social Policy 64-82 (July 2008).
16. Linda Bosniak, "Persons and Citizens in Constitutional Thought" 8 (1) International
Journal of Constitutional Law 9-29 (January 2010).

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17. Mark Tushnet, "The Possibilities of Comparative Constitutional Law", 108 Yale.L.J.
1225 (1999).
18. Nathan Chapman, "Due Process as Separation of Powers", 121(7) Yale Law Journal
1672-1807 (2012 May).
19. Quinn Rosenkranz, "Subjects of the Constitution" 62 (5) Stanford Law Review 1209-
1292 (May 2010)
20. Rajvir Sharma, "Judiciary as Change Agent: Some insights into the Changing role of
Judiciary in India", 58(2) Indian Journal of Public Administration 264-286 (2012
April-June).
21. Rebecca Brown, "Assisted Living for the Constitution" 59 (4) Drake Law Review
985-1000 (2011 Summer).
22. Schapiro., "Judicial Federalism and the Challenges of State Constitutional
Contestation", 115(4) Penn State Law Review 983

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LL.M. (ONE YEAR PROGRAM)

SEMESTER-I
SPECIALIZATION PAPERS
OCTOBER 2020 – JANUARY 2021

HIDAYATULLAH NATIONAL LAW


UNIVERSITY
S YLLABUS

(Specialization: Corporate Law)

Law of Contract-I
Course Outline

Faculty Dr. Kiran Kori & Dr. Rana Navneet Roy Year/Semester LL. M.

Course Name Law of Contract-I Period 1ST Semester


No of 48 Hours/ 32 Classes Session 90 Minutes
Classes Duration

Course Overview:
Our society depends upon free exchange in the marketplace at every stage. The interactions in
the market all the times depend upon voluntary agreements between individuals or other “legal
persons”. Such voluntary agreements can never become binding without a legal contract. The
law of contract is a branch of law which deals with regulation of all types of promises which
are meant to be enforced through law. In India, the general principles of contract laws are
codified under the Indian Contract Act, 1872.
This course is designed to acquaint a student with the conceptual and operational parameters
of various general principles relating to contract law. It aims to equip the students with the
basics and advance knowledge of contract law to enable them to deal effectively with the
various disputes related to contracts.

Objectives:

The objective of the course is as follows:

1. To understand the basic and advance concepts of law of contract.


2. To provide students with the critical faculties necessary in an academic
environment, on the job, and in an increasingly complex and interdependent world.

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


they may engage in life-long learning.

4. To interpret and apply the provisions of the general principles of the Indian Contract
Act, 1872 critically.

5. To Develop skills of analysing various legal provisions considering practical issues.

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6. To improve the students’ level of confidence and interest in engaging with laws
governing physical as well as electronic contracts and drafting the same from the
viewpoint of clients’ interest and well as legal accuracy.
Pedagogy:
The course components are administered through class room teaching, PowerPoint
Presentations, showing short documentaries, tutorial classes, and continuous evaluations.
Every component of the course module tries to inculcate the basic principles of contract law
and its application in the case laws critically. Students are not only encouraged to participate
in the process of discussion but also expected to share their opinions, creative ideas and critical
views thereafter in the class room which can help all the stakeholders for further improvements
in teaching-learning process. interpretation. The methods used teaching will be purely based
on case law studies in form of a situation and involve honing practical skills.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Law of Contract-I

Module I: Introduction
 Historical Perspective of Law of Contract
 Nature, Object and Multi-Dimensional Scope
 Freedom of Contract
 Sanctity of Contract.
 Meaning, nature and types of contract
 Scope and Significance of Law of Contract

Cases:
 Carlill v. Carbolic Smoke Ball Co
 Balfour v. Balfour
 Harvey v. Facey
 Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd
 Kedarnath Bhattacharjee v Gorie Mohammed
 Tarsem Singh v Sukhminder Singh

Module II: Formation of an Agreement


 Offer / Proposal: Definition, Communication, Revocation, General/ Specific Offer

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 Invitation to Treat
 Effect of Void, Voidable, Valid, Illegal, Unlawful Agreements
 Standard Form of Contract
 Online Contracts

Cases:
 Balfour v. Balfour
 Harvey v. Facey
 Lalman Shukla v. Gauri Dutt
 Felthouse v. Bindley
 Powell v. Lee
 Entroes limited v. Miles far east Corporation
 Twiddole v Atkinson
 Dunlop Pneumatic Tyre Co Ltd v. Selfridge & Co
 Beswick v. Beswick
 Jamna Das v. Ram Avtar

Module III: Consideration and Capacity

 Consideration- Definition, Kinds, Essentials


 Privity of Contract
 Capacity to Enter into a Contract
 Capacity to enter into a contract: Minor’s Position, Nature/effect of minor’s
agreements.
 Liability for Necessaries Supplied to the Minor or Incompetent Person

Cases:
 Mohiree Bibi v. Dharmodas Ghose
 Raj Rani v. Prem Adib
 Johnson v. Pye
 Khan Gul v. Lakha Singh
 Ahudia Prasad v. Chandan Lal

Module IV: Validity, Discharge and Performance of Contract

 Free Consent
 Coercion, Undue Influence, Misrepresentation, Fraud, Mistake
 Unlawful Consideration and Object
 Discharge of Contracts
 Performance, Impossibility of Performance and Frustration
 Breach: Anticipatory and Present

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 Doctrine of Frustration

Cases:

 Cundy v. Lindsay
 Phillips v. Brooks
 Raffels v. Wichellhaus
 Foster v. Mackinnon
 Ambica Construction v. Union of India
 Smith v. Hughes
 Ammiraju v. Seshamma
 Mannu Singh v Umadat Pande
 Nokhia v. State of Himachal Prades

Module V: Consequences for Breach of Contract


 Rescission of Contract
 Damages: Types of Damages, Remoteness of Damages, Ascertainment of Damages,
Liquidated Damages and Penalty
 A Decree for Specific Performance
 An Injunction
 Suit on Quantum Meruit

Cases:
 Hadley v. Baxendale
 Hazee Ismail & Sons v. Wilson & Co.
 Pauza ltd v. Saunders
 Mahabeer Prasad v. Durga datta
 Lumley v. Wagner

Module VI: Miscellaneous


 Wagering Agreements
 Contingent Contracts
 Quasi Contracts
 E-Contracts

Cases:

 Gherulal Parakh v. Mahadeo Das


 Lothamasu Sambasiva Rao v. Thadwarthi Balakotiah
 Trimex International FZE Ltd. Dubai v. Vedanta Aluminium Ltd., India
 Tamil Nadu Organic Private Ltd v. State Bank of India

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Suggested References:
1. J. Beatson, Anson’s Law of Contract, Oxford University Press, (29th Edn. -2010).
2. Chitty on Contracts, Sweet & Maxwell, London, Vol. I & II, (30thEdn. –2008).
3. Cheshire, Fifoot and Furmstone’sLaw of Contract, Oxford University Press (16thEdn. -
2012)
4. Pollock &Mulla, Indian Contract Act and Specific Relief Acts, Butterworth’s India,
New Delhi, Vol. I & II, (14thEdn. - 2013)
5. P. C. Markandey, The Law of Contract, Lexis Nexis, (3rdEdn. -2012)
6. Dr. Avtar Singh, Law of Contract, EBC, Lucknow (11th Edn. – 2013)
7. A. C. Mitra, Law of Contract and Specific Relief, Universal Law Publishing Co.
(5thEdn. -2005)
8. M. Krishnan Nair, Law of Contracts, Orient Longman, Hyderabad, (5thEdn. – 1996)
9. Zheng Sophia Tang Electronic Consumer Contracts in the Conflict of Laws Hart
Publishing 2009 available at:
https://www.bloomsburycollections.com/book/e lectronic-consumer-contracts-in-the-
conflict-of-laws/
Statutes and Reports:
1. The Indian Contract Act, 1872
2. Indian Majority Act, 1875
3. Specific Relief Act, 1963
4. The Limitation Act 1963
5. Information Technology Act, 2000
6. Various Reports on Law Commission of India

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(Specialization: Corporate Law)

General Principles of Corporate Law


Course Outline

Faculty Dr. Dipak Das & Dr. Y. Papa Rao Year/Semester LL. M.

Course Name General Principles of Corporate Law Period 1ST Semester

No of Classes 48 Hours/ 32 Classes Session 90 Minutes


Duration

Course Introduction:
The fundamental assumptions of corporate law have transformed in decades. It is a well recognized
subject in the legal curriculum and the title of a voluminous literature, its exact scope is not obvious
since the word company has no strict legal meaning. Legal scholars have derived from the
functioning of the corporations that the corporations play limited role and persons administering the
corporations have broad powers. It is the duty of the directors and the managers to protect the interest
of all stakeholders, and the means to protect the interest is following the good principles of the
corporate law. Corporations are distinctively able to contribute to the societal good by creating
financial prosperity. A Corporation’s wealth should be shared fairly among those who contribute to
its creation. The ultimate purpose of corporations should be to serve the interests of society as a
whole. Participatory, Democratic Corporate Governance is the best way to ensure the sustainable
creation and equitable distribution of corporate wealth. This paper revolves around all the basics,
core issues, eminent doctrines/principles that enhance the faith of the stakeholders towards the
corporation thereby helping to understand the corporate culture within the country. Therefore the
emphasis in this course is on the fundamental principles, concepts, and doctrines revolving around
the subject matter of corporate law covering from pre incorporating to the establishment,
management and to winding up of companies. The course content has been designed keeping in mind
the Companies Act 2013 and its implications on the corporate sector.

Objectives:

 To understand the conceptualization of basic principles of Corporate law


 To acquaint the knowledge of Corporate Personality, theories of personality and
Jurisprudential aspect

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 To know the circumstance of Lifting the Corporate veil


 To understand the significance Memorandum and Articles of Association
 To strike the balance between Doctrine of Ultra-vires Constructive notice and Indoor
management
 To know the procedure of Fund raising through Equity and Debt
 To examine the Principle of Oppression and Mismanagement
 To acquaint the knowledge of the role of Key material persons
 To understand the Democratic Principles of Ownership and Management
 To know the details of Corporate Governance and CSR.

Pedagogy/Methodology:

This subject requires teaching to be a combination of theory with practice. So, the teaching should
direct the attention from evolution to current position of the general Principles of corporate law. The
methodology demands a step by step guide as to how the Principles of Corporate Law importance
for economic growth of the nation. In this Endeavour teaching will be by discussion of provisions
relating to the Corporate law including Companies Act, 2013, SEBI Act, 1992, SCR Act, 1956 and
Depositories Act, 1996. The Course would be covered mainly through online lecture mode.
Reference reading material would be provided as per the modules given below by the respective
faculty members.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of General Principles of Corporate Law


Module I. Company Form and Structure

 Corporate Personality, personification – Concept


 Theories of Corporate Personality –Jurisprudential aspects
 Company – Definition, Nature, Characteristics
 Classification of companies
 Doctrine of piercing the corporate veil – Statutory exceptions and Judicial interpretations
 Promotion of companies – Legal position of Promoters, Duties and Liabilities
 Pre-incorporation Contracts

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Module II. Company - Registration and Incorporation


 Memorandum of Association – Importance and Contents
 Articles of Association – Significance and interrelationship
 Doctrine of Ultra Vires – Applicability, consequences
 Doctrine of Constructive Notice – Rule of presumption
 Doctrine of Indoor Management – Concept & exceptions
 Prospectus (meaning, issue and kinds)

Module III. Corporate Fund Raising


 Share/Equity Capital – Meaning and Nature of Shares, Kinds of Shares
 Rights issue, Bonus Issue - Rationale, mechanism
 Allotment –Principles & procedure
 Debenture/Debt Capital –Concept, Meaning and Kinds
 Debenture Trustee, Debenture Trust Deed
 Shareholder vis-à-vis Debenture holder

Module IV. Corporate Management


 Directors – Meaning, Types, Qualifications, Disqualifications
 Legal Position of Directors
 Shadow, De-facto and De-jure Director
 Powers and Duties of Directors
 Meetings – Kinds and Requisites of valid meeting

Module V. Corporate Abuse and Remedies


 Shareholders Democracy
 Majority Powers and Minority Rights
 Principle of Non-Interference (Rule established in Foss v Harbottle)
 Protection against Oppression
 Protection against Mismanagement

Module VI. Corporate Governance and Corporate social responsibility


 Meaning and evolution
 Principal of Corporate Governance
 CSR and its importance including statutory provisions
 Interrelationship between CG & CSR
Books to be referred:
 Ramaiyya, Guide to Companies Act, 2013
 Charlesworth & Morse, Company Law
 Gower & Davies, Principles of Modern Company Law
 K. Majumdar, Dr. G. K. Kapoor Company Law & Practice, Taxman
 Sekhar K., SEBI Capital Issues, Debentures and Listing, Wadhwa and Company, Nagpur

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 C.R.Dutta on The Company Law, 6th Edn. 2008 by Kamal Gupta


 Pennington, Company Law
 Agrawal & Baby on SEBI Act, Taxman Publications
 Palmer, Company Law
 K. Majumdar, Dr. G. K. Kapoor Company Law & Practice, Taxman
 Nicholas Bourne, Principles of Company Law
 H.L.J. Ford and A.P.Austen, Ford’s Principles of Corporations Law, (1999)
Butterworths
 Jonathan Charkham, Fair Share: The Future of Shareholders Power and Responsibility,
Oxford.
 Corporate Governance OECD Principles.

Statutes & SEBI Regulations to be referred:


 The Companies Act, 2013
 Securities and Exchange Board of India Act, 1992
 (Issue of Capital and Disclosure Requirements) Regulations, 2018
 Depositories Act, 1996
 Securities Contract Regulation Act, 1956
Cases to be Referred
 Saloman v. Saloman & Co. Ltd. (1895-99)All ER Rep.33
 Lee v. Lee’s Air Farming Ltd.(1960)3 AllER 420
 Dhulia – Amalner Motor Transport Ltd v. R.R. Dharamsi AIR 1952 Bom. 337:
 Daimler Co. Ltd. v. Continental Tyre & Rubber Co. Ltd. (1916-17) AllER Rep. 191
 Bacha F. Guzadar v. CIT Bombay AIR 1955 SC 74
 Gilford Motor Co. Ltd. v. Horne (1933) AllER 109
 Workman v. Associates Rubber Industry Ltd. (1985) 4 SCC 114
 Pratap Singh v. Bank of America (1976)46 Com. Cases 532
 Babulal Chaukhani v. Caltex (India) Ltd. AIR 1967 Cal 205
 Macaura v. Northern Assurance Co. Ltd, 1925 AC 619 HL
 Minerva Mills Ltd. v. Govt. of Maharashtra (1975) 45 Com. Cases 1
 Orient Paper Mills Ltd. v. State of Orissa AIR 1957 Orissa 232
 Rank Film Distributors v. ROC AIR 1967 Cal 32
 In re, Machinon Macknize & Co. (1967) Com L J 200
 Bell Houses Ltd. v. Citywall Properties Ltd. (1966) 2 AllER 674
 A.L. Mudaliar v. LIC AIR 1963 SC 1185
 Royal British Bank v. Turquand (1943-60) AllER Rep.435
 Freeman v. Buckhurst Park Properties (1964)1AllER 630
 Regal (Hasting) Ltd. v. Gulliver (1942) 1 AllER 378
 Percival v. Wright (1902) 2 CH 421
 Industrial Development Consultants Ltd. v. Cooley (1972) 2 AllER 162
 SEBI vs SAHARA (2012)
 Cyrus Mistry v. Tata Sons (2016)

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(Specialization: Corporate Law)


Modern law of Banking and Insurance
Course Outline

Faculty Dr. Y. Papa Rao & Ms. Navita Aggarwal Year/Semester LL. M.

Course Modern law of Banking and Insurance Period 1ST Semester


Name
No of 48 Hours/ 32 Classes Session 90 Minutes
Classes Duration

Course Overview:
The course is designed to explain the students with conceptual and operational parameters of
banking & insurance law. This course is an attempt towards imparting knowledge of various
aspects of Banking regime and analyze the interdisciplinary study of Banking with other Laws.
In the last three decades, there has been substantial liberalization of the banking sector and
financial innovation. These changes have been facilitated by regulation of banks, which
continue to lie at the heart of all financial systems, and have themselves driven changes in
prudential, and monetary, regulation policy.

The operational framework of insurance idea is provided by the general principles of contract.
The insurance policy, being a contract, is subject to all the judicial interpretative techniques of
rules of interpretation as propounded by the judiciary.

Didactics:
This subject requires teaching to be a combination of theory with practice. So, the teaching
should direct the attention from evolution to current position of this Industry. The methodology
demands a step by step guide as to how Banking forms a part of macro economy of country,
what is the meaning of certain terms like CRR, SLR, consortium lending, either or survivor
clause in an account and how this all should be of interest for a post graduate student. In this
endeavour teaching will be by discussion of provisions relating to the said law which directly
or substantively govern Banks along with interdisciplinary study of other laws with
illustrations. As promulgation of new laws has happened in the last decade including new
entrant Insolvency and Bankruptcy Law, Banking paradigm has seen a shift.

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These changes demand researchers to interpret and analyse given laws with changing
circumstances of Banking Industry and explore the facets and effect of Banking in Financial
Industry.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Modern Law of Banking and Insurance

Module– I: Structure of Indian Banking


 Origin of currency and Banking Industry
 Reserve Bank of India: Role of RBI in stability of Indian Macro economy
 Different Bank accounts and legal relation of Banker and customer

Module – II: Recovery Process of Banking Industry


 Various laws governing Recovery actions: RDDBFI Act 1992, SARFAESI 2002,
Insolvency and Bankruptcy Code 2016
 Bank Guarantees and letter of credit: laws governing and UCP guidelines
 Issues in recovery laws and Bank Guarantees with respect to recent frauds in Banking
Industry
 FEMA in Banking Industry and issues involved in FEMA

Module – III: Insurance Laws


 Nature-, History of Insurance in India
 Insurance Regulatory & Development Authority Act, 1999: Its role and functions.
 Contract of Insurance: Classification of contract of Insurance- Nature of various
Insurance
 Insurance Contract, Insurable Interest, Premium: Definition, method of payment, days
of grace, forfeiture, return of premium, Meaning and scope of risk, Causa Proxima.

Module –IV Law of Insurance: Life Insurance, Fire Insurance, Marine Insurance
 Nature and scope of Life Insurance- Kinds of Life Insurance.
 The policy and formation of a life insurance contract, Event insured against Life
Insurance contract, Circumstance affecting the risk, Amount recoverable under the Life
Policy, Persons entitles to payment, Settlement of claim and payment of money, Life
Insurance Act, 1956
 Insurance against third party rights, General Insurance Act, 1972, The Motor Vehicles
Act, 1988

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 Nature and scope- Absolute or no-fault liabilities, third party or compulsory insurance
of motors vehicles, Claims Tribunal, Public Liability Insurance, Legal aspects of Motor
Insurance, Claims Own Damages Claims, Third Party Liability Claims.
 Fire Insurance: Nature and scope of Fire Insurance, Basic Principles, Conditions &
Warranties Right & Duties of Parties, Claims, Some Legal Aspects.
 Marine Insurance: Nature and Scope, Classification of Marine policies, Insurable
interest
 Insurable values, Marine insurance, and policy, Conditions and express warranties,
Voyage deviation-, Perils of sea.

Reference Books:
 Tannan’s Banking Law and Practice in India, 23rd edition, by M.L. Tannan,
Publisher: Lexis Nexis, Butterworths Wadhwa, Nagpur (2010).
 Insurance Law and Regulation: Cases and Materials, by Kenneth S. Abraham,
Publisher: Foundation Press (2010).
 Insurance Law: Cases and Materials, by John Lowry, Philip Rawlings, Publisher:
Hart Publishing (UK) (2004).
 Insurance Law: Doctrines and Principles, by Philip Rawlings, John P. Lowry,
Publisher: Hart Publishing (UK) (2005).
 Reforming Maritime and Commercial Insurance Law, by Dr Baris Soyer,
Publisher: Lloyd's List (2012).
 Tackling Insurance Fraud - Law and Practice, by Dexter Morse, Publisher: Lloyd's
List (2004).
 Insurance Law: An Introduction illustrated edition, by Lord Justice Mance Iain
Goldrein, Qc, Publisher: Lloyd's List (2012).
 The Law of Banking and Financial Institutions by Richard Scott Carnell,
Jonathan R. Macey, Geoffrey P. Miller, Publisher: Aspen Publishers (2008).
 Ellinger's Modern Banking Law 0005 Edition by C. V. M. Hare, E. P. Ellinger,
E. Lomnicka, Publisher: Oxford University Press (2009).
 Principles of Banking Law 0002 Edition by Ross Cranston, Publisher: Oxford
University Press (2002).
 Policies and Perceptions of Insurance Law in the Twenty-First Century New
Ed Edition by Malcolm Clarke, Publisher: Oxford University Press, USA (2007).
 Insurance and the Law of Obligations, by Jenny Steele, Rob Merkin, Publisher:
Oxford University Press, USA (2013).
 Principles of Payment Systems by Robert S. Summers, James J. White
Publisher: Thomson West (2008).
 Cases and Materials on Insurance Law by Leo P. Martinez, Publisher: West
(2010).
 Marine Insurance: Law and Practice by F. D. Rose, Publisher: Lloyd's List
(2012).
 RBI’s Instructions for Banks and Banking Operations 7th Edition by Taxmann,
Publisher: Taxmann Publications Pvt. Ltd. (2010).
 Supreme Court of Banking Law 4th Edition by S. N. Gupta, Publisher: Universal
Law Publishing Co Ltd (2007).

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 Law & Practices Relating to Banking 1st Edition by IIBF,


Publisher: Macmillan Publishers India Ltd (2003).
 Insurance by Sean Connolly, Publisher: W.B. Saunders Company (2012).
 Why Are There So Many Banking Crises? The Politics and Policy of Bank
Regulation, by Jean-Charles Rochet, ISBN Number: 0691131465, 9780691131467,
978-0691131467, Publisher: Princeton University Press (2008).
 Rethinking Bank Regulation 1 Pap/Cdr Edition by James R. Barth Gerard Caprio
Ross Levine, ISBN Number: 052170930X, 9780521709309, 978-0521709309,
Publisher:Cambridge University Press (2008).
 Marine Insurance: Law and Practice, by F. D. Rose, ISBN Number: 1843112477,
9781843112471, 978-1843112471, Publisher: Lloyd's List (2012).
 Insurance Industry in India: Features, Reforms and Outlook 1st Edition by,
Uma Narang, ISBN Number: 817708352X, 9788177083521, 978-8177083521,
Publisher: New Century Publications (2013).
 A Selection of Cases on the Law of Insurance by Edwin H. Woodruff, ISBN
Number: 1407777610, 9781407777610, 978-1407777610, Publisher: Hardpress
Publishing (2012).
 The Financial System and The Economy Principles of Money and Banking
5th Edition by Burton Maureen, Brown Bruce, ISBN Number: 8120339584,
9788120339583, 978-8120339583, Publisher: M.E. Sharpe (2009).

Legislations:
 Banking Regulation Act 1949
 Reserve Bank of India Act 1934
 Recovery of Debts due to Banks and other Financial Institutions 1993
 Securitization asset Recon construction and Enforcement of Security Intere3st 2002
 Insolvency and Bankruptcy Code 2016
 Foreign Exchange Management Act 1999
 Indian Contract Act and other substantive laws

Cases:
 Asian resurfacing of Road agency Pvt. Ltd v. Central bureau of Investigation (2018)
 UCO Bank v. Deepak Debbarama (2016)
 Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency
(2016)
 Manu Mathew v. Catholic Syrian Bank Ltd (2017)
 Shyampati Devi v. Nandlal Prasad And Others (2008)
 State Bank of India v. United Breweries Holdings Limited (2017)
 State Bank of Hyderabad v. Rabo Bank (2015)
 Iris Computers Ltd. v. State Bank of India (2019)
 Hindustan Construction Co. Ltd. v. State of Bihar & Ors (1996)
 National Thermal Power Corporation Ltd. v. Flowmore Pvt. Ltd. & Anr. (1995)
 ONGC v. SBI 2000 S

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(Specialization: Intellectual Property Rights)


Introduction to Intellectual Property Rights
Course Outline

Faculty Dr. Muhammed Aamir Khan Year/Semester LL. M.

Course Name Introduction to Intellectual Period 1ST Semester


Property Rights
No of Classes 48 Hours/ 32 Classes Session Duration 90 Minutes

Course overview:

With rapid proliferation of science and technology, the world has taken a sharp turn towards
knowledge based economy. The concept of Intellectual Property has evolved through time and
the very nature of these intangible properties had made it necessary to develop new laws to
protect such property. But do these outputs of intellect come under the traditional notion of
property or is there at all a justification to protect all creative, innovative, aesthetic or distinctive
IPs generated is a question that calls for attention.

This course is providing the basic knowledge of the subject. The course is an overview of the
basic nature and concept of IP and its role in economy, the various kinds of IP and when they
are protectable under law, the debates and discussions that are on-going in field of IPR.

Course objectives:

This course is an attempt towards imparting knowledge of various aspects of IPR Law.

 Building the foundation of IPR.


 Providing an understanding of various concepts of IPR Law. Justification of IPR as a
property.
 Evolution of IPR Law with various treaties and conventions. Providing an understanding
of IPR in diverse IP conventions through the legal perspective.
 Developing skills of analyzing of various IPR Laws.
 Improving the students’ level of comprehension and interest in engaging with IPR laws
and debating the same from the viewpoint of rights and as well as public interest.

Pedagogy:

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Use of visual methods (Cicso Webex meetings). Visual lectures with power point presentation
which would include learning by case studies and various conventions. Participatory and
reflective learning through discussions which includes critical reflections on articles. Project
work. Finally, the effort through this course is to inspire the student and build their skills,
perspectives, capability and confidence in engaging with IPR Law and legal processes involved
in it. This should contribute towards making not only a better student of IP law with an in
depth understanding, but also to well verse in the recent amendments in the various Acts related
to IPR to enhance the students vision and understanding encapsulated in the various provisions
of the Constitution of India.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Introduction to Intellectual Property Rights

Module I: Building the foundation of IPRs


 Concept of property
 Various forms of property
 Nature of Intellectual Property Rights
 Justifications and rationale for IPRs – jurisprudential aspect.
 Role of Intellectual Property Rights in economic development

Module II: International IP Regime


 Historical Development of IPRs
 Paris Convention
 Berne Convention
 WIPO and agreements under it: WCT, PCT, Madrid, Hague.
 Budapest Treaty
 Trade Related Aspects of Intellectual Property Rights
 Convention on Biodiversity

Module III: Basics of Patent, Trademark and Copyright


 Subject Matter and Criteria for Patent protection
 Subject Matter and Criteria for Trademark protection
 Subject Matter and Criteria for Copyright protection

Module IV: GI and Appellation of Origin


 Defining GI and Appellation of Origin
 International Treaties on GI

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 Registration and Protection of GI


 Case-laws and Controversies.

Module V: Protection of Trade -secret


 Why to Trade-secret information?
 Fundamentals of Trade-secret
 Misappropriation and remedies
 Role of Non-compete agreements in Trade-secret
 Case-laws

Module VI: Biodiversity and IPR: Interface


 Patent and Plants: TRIPs perspective
 Evolution of Sui Generis Model of Protection
 International Sui Generis Model Law: UPOV
 PPVFR Act : Varieties protected, Farmer’s Rights and procedural details.

Module VII: Law relating to Semiconductor Integrated Circuit


 Definition clause.
 Salient Features of SICLD Act, 2000
 Procedural details

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(Specialization: Intellectual Property Rights)


Copyright Law
Course Outline

Faculty Ms. Debmita Mondal Year/Semester LL. M.


Course Name Copyright Law Period 1ST Semester
No of Classes 48 Hours/ 32 Classes Session Duration 90 Minutes

Course objectives:

 To understand the concept and evaluation of copyright law.


 To study the international legal instruments and the norm/rules set governing
Copyright.
 To examine the concept of originality and its application on copyrightable subject
matter.
 To study rights of copyright owner and analyze the commercialization of copyrighted
work.
 To recognize the grounds of infringement of copyright its remedies and its exceptions.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Copyright Law

Module 1: Introduction

 Concept of copyright
 Justification of copyright as an intellectual property.
 Historical development of copyright law
 Before advent of printing press
 After advent of printing press
o Birth of Stationer’s Co. 1556
o Statute of Anne and its salient features.
o The British Copyright Act 1911
 Indian History of Copyright Law:
o Phase 1: Indian Copyright Act 1847
o Phase 2: Copyright Act, 1914.
o Copyright Act 1957
o Copyright Amendment Act 2012.

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Module II: International Legal Instruments Relating to Copyright law


 The Berne Convention for the Protection of Literary and Artistic Works, 1886.
 Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations (1961).
 Universal Copyright Convention, 1952
 Trade Related Aspects of Intellectual Property Rights, 1995. (TRIPs)
 WIPO Performances and Phonograms Treaty, 1996 (WPPT)
 WIPO Copyright Treaty, 1996 (WCT)
 The Beijing Treaty on Audiovisual Performances
 Marrakesh Treaty to Facilitate Access to Published Works for Persons, Who Are Blind,
Visually Impaired or Otherwise Print Disabled, 2013
Module III: Subject and Criteria of Protection under Copyright law
 Concept of Originality
 Idea Expression dichotomy and Merger Doctrine
 Fixation as a requirement
o Works Protected
o Literary, musical, artistic, dramatic works
o Sound recording
o Computer Programs and database
o Cinematograph films
Module IV: Exclusive rights and related rights relating to Copyrighted work
 Economic Rights of Owner
 Moral Rights of Author
 Related Rights
o Performer’s Right
o Broadcasting Organization’s Right

Module V: Commercial dealing with Copyrighted Work

 Who is an owner?
 Duration of copyright
 Assignment of Copyright
 Licensing of copyright
o Voluntary
o Compulsory
o Statutory

Module VI: Infringement of Copyright, Remedies and Exceptions

 Elements of infringement of copyright


o Who can sue? Burden of Proof?
o Secondary liability for infringement
o Exceptions: Purpose and usage of fair dealing – fair use.
 Remedies for infringement

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o Civil remedies
o Criminal Remedies
o Administrative remedies
Module VII: Contemporary Issues in Copyright Law

 Copyright: A human right and Free Speech implications


 First Sale Doctrine and Exhaustion of Copyright
 Copyleft and software licensing
 Copyright and AI
 Blockchain and Copyright Management

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(Specialization: Intellectual Property Rights)


Introduction to Trade Marks Law
Course Outline

Faculty Mrs. Debmita Mondal & Mr. Atul Jaybhaye Year/ LL. M.
Semester
Period 1ST Semester
Course Name Introduction to Trade Marks Law
No of Classes 48 Hours/ 32 Classes Session 90 Minutes
Duration

Course overview:

A trademark mark is a word, name, symbol, or device used to indicate the source, quality and
ownership of a product or service. A trademark used in the marketing is recognizable sign,
design or expression which identifies products or service of a particular source from those of
others. The trademark owner can be an individual, business organization, or any legal entity.
A trademark may be located on a package, a label, a voucher or on the product itself. A
trademark provides protection to the owner of the mark by ensuring the exclusive right to use
it, or to authorize another to use the same in return for payment. The period of protection varies,
but a trademark can be renewed indefinitely beyond the time limit on payment of additional
fees. In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding
the owners of trademarks with recognition and financial profit. Trademark protection also
hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs
to market inferior or different products or services. The system enables people with skill and
enterprise to produce and market goods and services in the fairest possible conditions, thereby
facilitating international trade.

With the advent of WTO, the law of trade marks is now modernized under the Trade Marks
Act of 1999 along with the Rules thereunder and is in harmony with two major international
treaties on the subject, namely, The Paris Convention for Protection of Industrial Property and
TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement. Trademarks being
an important aspect of the intellectual property, students need to be well versed with the
conceptual and legal framework, and procedural requirements relating to trade marks.
Therefore, the course curriculum is designed in such a way wherein students will be able to

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grasp theoretical and practical aspects of trademark law.

Course objectives:
 To introduce the students to the concept of ‘trademark’ and ‘trademark law’ in
comprehensive manner as envisaged under the Trademark Act,1999.
 To familiarize the students with the International regime for the protection of
Trademarks and its due observance in national legislations.
 To reflect upon new jurisprudence evolved by Indian judiciary in relation to
Trademarks Law.
 To enable the students to critically appreciate the emerging issues in trademark law.

Learning outcomes:
After the successful completion of Course Curriculum, a student will be able to:

 Identify and describe the basic requirement of trademarks protection.

 List out the rights enjoyed by trademarks owners.

 Apply the principles of trademarks protection to legal problems correctly.

 Analyse the principles related to infringement of trademarks and passing off.

 To know and understand the emerging issues and challenges involved under trademark
law.

Pedagogy:
The teaching methods will include Lectures, Power Point Presentations, documentaries,
discussion and debate on various topics under the Trademark Law and allied issues.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Introduction to Trade Marks Law


Module I- Introduction

 Meaning, Characteristics & functions of Trademarks


 Evolution of Trademark law in India.
 International Developments & Dimensions of Trademark Protection:
o Paris Convention for the Protection of Industrial Property, 1883.
o Trade Related Aspects of Intellectual Property Rights (TRIPS), 1995.
o Madrid System for International Registration of Marks.

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o Trademark Law Treaty, 1994.


o Nice Agreement, 1957 (Nice classification of classes of goods and services).
o Vienna Agreement, 1973 (Vienna Classification).
 Categories of trademarks
o Conventional trademarks: Well-known marks, certification marks, collective
trademarks, series trademark and associated trademarks.
o Non-Conventional trademarks: Sound marks, taste marks, olfactory marks.
Module II- Creation of Trademark and Bars to Protection

 Creation of trademarks:
o The distinctiveness spectrum
o Concept of Acquired distinctiveness and Generic marks
 Bars to Protection:
o Absolute grounds for refusal
o Relative grounds for refusal
Module III - Registration of Trademarks and Procedure
 Procedure of registration
 Honest & concurrent use
 Effects of registration
 Licensing of trademark
 Assignment of trademark

Module IV - Scope & Enforcement of Registered Trademark


 Infringement of trademarks
 Protection of well-known trademarks
 Defenses against trademark infringement

Module V - Enforcement of Unregistered Trademarks: Passing Off

 General principles
 Evidences in passing off action
 Difference between infringement and passing off
Module VI - Remedies Against the Infringement and Passing Off
 Civil
 Criminal
 Administrative
Module VII- Contemporary Issues in Trademark Law

 Parallel importation and its legality under the Act


 Disparagement & Comparative advertisement

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 Character and celebrity merchandising


 TM and Pharmaceutical industry
 TM and Blockchain Technology
 Plain packaging and impact of trademark law

References:

Books:

 Ashwani Kumar Bansal, Law of Trademarks in India, 1st ed., Commercial Law
Publishers Pvt. Ltd. (2003).
 Cornish and Llewelyn, Intellectual Property: Patents, Copyrights, Trademarks and
Allied Rights, 1st ed., Sweet and Maxwell (2007).
 Correa M. Carlos, Oxford Commentaries on the GATT/WTO agreements: Trade
Related Aspect of Intellectual Property Rights, 1st ed., Oxford Press (2007).
 Dana Shilling, Essentials of Trademarks and Unfair Competition, 1st ed., Wiley
(2006).
 Deborah E. Bouchoux, Intellectual Property, 1st ed., Thomson Legal Studies (2005).
 Jeremy Phillip, Trademarks Law: A Practical Anatomy, 1st ed., Oxford Press (2003).
 K. C. Kailasam and Ramuvedaraman, Law of Trade Marks and Geographical
Indications: Law, Practice and Procedure, Second Edition (Reprint), Wadhava Nagpur
(2007).
 Narayanan P.S., Law and Trademarks and Passing Off, 5th Ed. Eastern Law House
(2000).
 Rodney D Ryder, Trademarks Advertising and Brand Protection, 1st ed.,
MACMILLAN India Ltd. (2006).
 V. K. Ahuja, Intellectual Property Rights in India, 1st ed., Volume 1, Lexis Nexis
Butterworths Wadhva (2009).
Cases:

 Amritdhara Pharmacy vs Satyadeo Gupta 1963 AIR 449


 Atlas Cycle Industries Ltd. v. Hind Cycles Limited ILR 1973 Delhi 393
 Cadbury India Limited and Ors. v. Neeraj Food Products 2007 (35) PTC 95 Del
 Cadila Healthcare Ltd. v. Cadila Pharmaceutical Ltd. 2007 (35) PTC 95 Del
 Colgate Palmolive Company and Anr. v. Anchor Health and Beauty Care Pvt. Ltd.
 Corn Products Refining Co. v. Shangrila Food Products Ltd. (1929) 4 RPC 11 (2)
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 Erwen Warnink BV v. J.Townend & Sons 1979 (2) AER 927


 ITC Ltd. v. Britannia Industries CS (COMM) 1128/2016
 James Chadwick & Bros. Ltd. v. The National Sewing Thread Co. Ltd 1953 SCR 1028
 Kaviraj Pandit Durga Dutt Sharma v. Navratna Pharmaceutical Laboratories 1997
PTC (17)(DB) 779
 Listen Ltd. V. Harley (1929) 4 RPC 11 (2)
 Mattel, Inc. & Anr. v. MS. Aman Bijal Mehta & Ors. CS(COMM) 803/2017
 Milmet Oftho Industries and Others vs. Allergan Inc. (2004) 12 SCC 624
 N. R. Dongre v. Whirlpool Corporation 1996 PTC (16) 583 SC
 Nirma Ltd. v. Nimma International and another 2010 (42) PTC 307 (Del)
 Reckitt & Colman Products Ltd. v. Borden Inc. (1940) 42 BOMLR 734
 S. Syed Mohideen v. P. Sulochana Bai 2016 (66) PTC 1
 Shoppers Stop Ltd. V. Vinod Shopper’s Stop CS No. 458 of 2015 Delhi HC
 Sunil Mittal v. Darzi on Call CS (Comm) No. 1381/2016.
 Yahoo! Inc. vs Akash Arora (1999) [78 (1999) DLT 285]

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(Specialization: Technology and Law)

Information Technology and Law

Course Outline

Faculty Mrs. Priyanka Dhar Year/Semester LL. M.

Course Name Information Technology and Law Period 1ST Semester

No of Classes 48 Hours/ 32 Classes Session 90 Minutes


Duration

Course overview:

Information and Communication Technology (ICT) as developed tremendously over the last
two decades. This is visible from the fact that individuals, institutions, organizations as well as
nations largely depend upon ICT for day to day dealings. Today, individuals, groups, countries,
and international organizations actively promote the use of and controlling of the flow of
information across national boundaries. Conflicts over control of information flows help
characterize who possesses the power in the global information economy. Internet has proved
to be the biggest enabler of globalization. It is the single handedly responsible for facilitating
global information flow and has become a profound transformative force that puts in picture
day’s commerce, culture, education, politics, and war. And this necessities enforcing of legal
sanctions considering the damages it can unleash if left unbridled for the nations to use at their
whims and fancies. New laws are being enacted and existing laws are being amended to suit
the new technological world. Technology which has tremendous use has also equal potential
to be misused. To a person unaware of these areas where and the ways in which technology
can be and is being misused, life becomes difficult. Therefore, it is very much necessary to
know whether an act done using latest technology is legally recognized.

The present course is designed specially to address these to important requirements without
being technical and to educate the students about the practical aspects of information
technology, while emphasis on legal intricacies.

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Course objective:

Information technology regulation operates across jurisdictions, and a inter mingling of


regulatory responses occurs at the interface between domestic, regional and international law.
Given the fast-paced nature of IT law, it is expected that the students will be able to understand
current and historic regulatory approaches, to better engage with emerging and future issues
too.

Also through this course, the students will understand legal ramifications of cyberspace and
the digitization and virtualization of everyday activities, including regulation by law and code,
intellectual property in cyberspace, illegal file sharing, content liability, cybercrime, online
privacy and cloud computing. Sources will be drawn from the legal systems of UK, the US,
the EU, and Indian jurisdictions.

Learning outcomes:

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

 Exhibit comprehensive and accurate knowledge and understanding of those areas of


information technology law identified in the indicative syllabus above and form a
reasoned critical judgment on areas of difficulty and uncertainty in IT Law;
 Demonstrate a sound knowledge and critical understanding of social and economic
policy considerations arising in this area.
 Critically analyze complex problems in relation to the use of information technology,
apply the legal principles studied to these problems, evaluate the merits of alternative
solutions to the same problem and present well supported conclusions both orally and
in writing;
Pedagogy:

Considering that the classes will be conducted through online mode the mode of teaching will
as of now essentially consist of:

• Lectures with power point presentations;


• Guided reading and critical reflection of case laws;
• Class discussion
• A dedicated time slot for Q&A session.
Scheme of Evaluation:

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 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Information Technology and Law

Module I - Introduction of Information Technology

 Introduction to Information technology and I. T. Law


 Introduction digitization
 Legal challenges of the information society
 Cyber libertarianism & cyber paternalism
 Lessig’s model of regulation
 Regulators in cyberspace – state and private entities
 Harmful content in Internet and Regulation of Internet
 Jurisdictional Issues in Cyber Space and International Law
 Interface of information technology and law; current challenges – mobiles, cyber
security, cloud computing
 Information Technology Act
o Enactment of Information Technology Act, 2000
o Overview of the I.T. (Amendment) Act, 2008
o Act Authorities under the Act
o Intermediary Liability under the Act

Module II - Cyber Crime Challenge

 Challenges to Criminal Justice System


 Essential Ingredients of Crime
 Convention on Cybercrime
 Censorship – Indecency – Pornography – Determination of Standards
 Obscenity, Child Abuse, Child Pornography
 Computer Misuse – Identity Theft, Grooming and Harassment
 Against any individual – by grooming, cyber stalking (harassment etc.), phishing,
dissemination of obscene material, defamation, hacking/cracking, morphing etc.
 Against individual property – by transmitting virus, net trespass, mail bombing,
hacking/cracking etc.

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 Against Organization – hacking/cracking, possession of unauthorized information,


DOS, distribution of pirated software, web jacking, Bandwidth theft etc.
 Against Society at large – Pornography specially child pornography, Cyber terrorism
etc.
 Denial of Service Attack, Cyber Crime related with Finance

Module III - Applicability of Other Laws On E-Commerce

 UNCITRAL Model Law on Electronic Commerce, and e-signatures (1996 and 2001);
 Kinds of Contracts -email, web contracts, Standard form contracts Formation of E-
contracts - application of The Contract Act, 1872 viz a viz ss.10A,11-13 IT Act
 United Nations Convention on the Use of Electronic Communications in International
Contract 2005

Module IV - Regulation of The Internet and Legal Issues

 Internet regulation and the rise, fall, and rise of .com


 Contractual liability for defective software
 Non-contractual liability
 Defamation and the Internet

Reference Books:

 Internet Law and Practice by International Contributors, West Thomson Reuters,


South Asian Edition (2013)
 Kamlesh K Bajaj, Debjani Nag, E-commerce: the cutting edge of business, 2nd Ed.
(2005)
 L Lessig, Code 2.0 (Basic Books, 2006, available as a free e-book) C Reed, Making
Laws for Cyberspace (OUP, 2012) and I Brown and C Marsden, Regulating Code
(MIT Press, 2013).
 Murray A. (2016) Information Technology Law: The law and society, 3rd ed., OUP,
Lloyd I Information Technology Law (8th edn, 2017), OUP
 Savin A (2017), EU Internet Law, 2nd ed., Edward Elgar.

Articles:

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 Reading the Constitution in Cyberspace,'' Lawrence Lessig, Emory Law Journal,


volume 45, number 3, Summer, 1996, pages 869-910.
 “China's New Internet Regulations: Two Steps Forward, One Step Back,” Zixiang
(Alex) Tan, Milton Mueller, and Will Foster, Communications of the ACM, volume
40, number 12, December, 1997, pages 11-16.
 Nishith Desai, E-commerce in India – Legal, tax and regulatory analysis available at
http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/E-
Commerce_in_India.pdf
 Cyber Laws of India‖, www.iibf.org.in/documents/Cyber-Laws-chapter-in-Lega l-
Aspects-Book.pdf (Book on IT security of IIBF published by Taxmann Publishers)
 Michael Gisler et. Al., “Legal Aspects of Electronic Contracts‖, available at
http://kavehh.com/my%20Document/Essex/Digital%20signature/legal%20aspect%20
of%20Electronic%20Contracts.pdf
 László Z. Karvalics, “Information Society – what is it exactly? (The meaning, history
and conceptual framework of an expression)” available at
http://www.ittk.hu/netis/doc/ISCB_eng/02_ZKL_final.pdf
 T.B Rajasekhar, “ Introduction to Internet”, available at http://ncsi-
net.ncsi.iisc.ernet.in/gsdl/collect/drtbrara/index/assoc/HASH01db.dir/doc.pdf
 “The History of Information Super Highway” available at
http://www.hoboes.com/NetLife/Children/history.html
 Lawrence Lessig, “The Laws of Cyberspace” available at
http://www.lessig.org/content/articles/works/laws_cyberspace.pdf
 Code and Other Laws of Cyberspace by Lawrence Lessig, available at
http://www.accesswave.ca/~hgunn/special/papers/lessig/

List of Cases:

 Syed Asifuddin v. State of Andhra Pradesh, 2005 CriLJ 4314


 Diebold Systems Pvt. Ltd. vs The Commissioner, ILR 2005 KAR 2210
 ACLU v Reno II US Ct App (3rd Cir 2000)
 Yahoo v. LICRA
 Shreya Singhal v U.O.I, SC decided on 24/03/2015
 Zippo Manufacturing v. Zippo. Com
 Banyan Tree Holding Pvt. Ltd v. A. Murali Krishna Reddy and An

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 ProCD Inc v Mathew Zeidenberg and Silken Mountain Web Services Inc No 96–1139 US
Ct App (7th Cir)
 My Space Inc. v. Super Cassettes Industries Ltd., Delhi (DB), FAO(OS) 540/2011, C.M.
APPL.20174/2011
 Amit Dilip Patwardhan v. Rud India Chains Pvt. Ltd., Adjudicating Officer, decided on
15/04/2013
 US v. Morris
 Avnish Bajaj v. State, Delhi HC decided on 29/05/2008
 United Sates v Thomas 74 F 3d 701 (6thCir 1995)
 Sanjay Kumar v State of Haryana P &H CRR No. 66 of 2013
 Viacom v. Google
 State of A.P. through Inspector of Police, Cyber Crimes P.S., CID, Hyderabad v. Prabhakar
Sampath, Add. CMM Hyderabad, decided on 31/03/2015
 Aveek Sarkar v. State of West Bengal (SC) Criminal Appeal no. 902 of 2004 decided on
3/2/2014
 NAASCOM v. Ajay Sood, 119 (2005) DLT 596
 Maqbool Fida Husain v. Raj Kumar Pandey, Delhi HC decided on 8/5/2008
 Trimex International Fze ... v. Vedanta Aluminium Limited,India decided on 22 January,
2010 (SC)
 World Wrestling entertainment v. Reshma Collections, FAO (OS) 506/2013 in CM Nos.
17627/2013.
 P.R. Transport Agency v. Union of India, AIR 2006 All 23.

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(Specialization: Technology and Law)

Privacy Law and Data Protection


Course Outline

Faculty Mr. V. Suryanarayan Raju Year/Semester LL. M.

Course Name Privacy Law and Data Protection Period 1ST Semester

No of Classes 48 Hours/ 32 Classes Session Duration 90 Minutes

Course overview and objectives:


In this course we will see the conceptual & practical understanding of the laws relating to
Privacy and data protection. The understanding of privacy laws and data protection will enable
us to gain knowledge on personal information, it’s protection, remedies for unauthorized access
and informational privacy. By running this course, we will able to see the background and
historical aspects of this Law. Next, we will thoroughly examine the Indian and global
perspective on the privacy and data protection law. Finally, the learners will be able to
understand the basic notions of this law and it will give the capability to do further research on
aspects of law & Policy relating to Privacy Law and Data Protection.

Learning outcomes:

 Enhance the knowledge on Privacy Laws and Data Protection.


 To make familiar with world data protection and privacy laws.
 To make competent in understanding of various concepts of Data Protection Laws and
privacy Law.
 To identify the Laws & Regulations relating to data protection & privacy
 Identification of the privacy obligation & managing compliance issues relating to
privacy laws and data protection

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

Syllabus of Privacy Law and Data Protection

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Module I - Introduction of the Privacy Laws & Data protection


 Introduction to the Privacy laws
 Overview of the Privacy laws: It’s aim, scope, Objectives
 Introduction to the Data Protection
 Overview of the Data Protection Laws: It’s aim, scope, Objectives
 Indian Constitutional Obligation Vs Privacy Laws Vs Data Protection.
 Global constitutional obligations Vs Privacy Laws Vs Data Protection
 Cases:
o M P Sharma v. Satish Chandra
o Kharak Singh v. State of UP.
o Justice K S Puttaswamy v. Union of India.

Module II – Privacy Law in Context


 History of the Privacy Law: An Indian & Global perspective.
 Protection of Personal Information: It’s importance.
 Laws relating to regulation & Upregulation of Privacy laws in India.
 The European Union Global Data Protection Regulation: It’s impact on Privacy.
 The present stand on privacy laws in India.

Module III – Data Protection Law in Context


 History of Data Protection Law: An Indian & Global perspective.
 Data Privacy Vs Informational privacy.
 Interrelationship of Data Protection Law:
o Human Rights.
o Labour Law
o Administrative Law
o Corporate Law
o Other Legal Fields.
 Regulatory Logic of Data Protection Law.
 Enforcement of Data Protection Law.
 Inter-Legal aspects of Data Protection Law.
 Cyber security: It’s challenges.

Module IV - Indian perspective on privacy Law and Data Protection

 Privacy Law in India: Legislative action & Judicial reaction


 Data protection Law in India: Legislative action & Judicial reaction.
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 Data security.
 Processing of the personal data.
 Rights of the Individuals & Entities on processing of personal data.
 Remedies for unauthorized processing.

Reference materials:
 Privacy and Freedom by Alan F westin.
 Understanding privacy by Daniel J Solove (2008)
 The Right to Privacy in India: Concept and Evolution by Ravinder Kumar & Gaurav
Goyal.
 The European General Data Protection Regulation
 The American federal legislations.
 The Indian data protection bill, 2019.
 Information Technology Act, 2000.

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(Specialization: Technology and Law)

Artificial Intelligence and Law


Course Outline

Faculty Mr. V. Suryanarayan Raju Year/Semester LL. M.

Course Name Artificial Intelligence and Law Period 1ST Semester

No of Classes 48 Hours/ 32 Classes Session Duration 90 Minutes

Course overview and objectives:


This course will provide a remarkable experience on facets of Artificial Intelligence law and
will sensitize the students over the legal complexities surrounding the Artificial Intelligence
Law. Further it will provide a broad understanding on ethical, legal, policy, and compliance
regulatory measures. However, this course will try to examine practical challenges in the
Artificial Intelligence Law and will analyze the paradigm shift over its growth.

Further this course will sensitize pragmatic analysis of the legal perspectives of Artificial
Intelligence and will encourage to do legal research in the field of Artificial Intelligence Law
& Policy.

Learning outcomes:
 This course will give enhance knowledge on Artificial Intelligence Law and its related
aspects like block chain, Big Data, online platforms etc.
 The students will be well versed with the Indian and global perspective on this law.
 The students will understand the facets of various compliance regulatory measures in
the Artificial Intelligence Law.
 The students will be ready to do research in the field of law & policy relating to
Artificial Intelligence.

Scheme of Evaluation:

 Research Project 20 Marks


 End-Semester Examination: 80 Marks
 Total 100 Marks

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Syllabus of Artificial Intelligence and Law

Module I - Introduction of the Artificial Intelligence and Law

 Introduction to Artificial Intelligence.


 Introduction to machine learning, Algorithms.
 Introduction to algorithmic discrimination.
 History of Artificial Intelligence
 Proposing and evaluating AI applications
 Case study: Google Duplex

Module II – Search and planning of AI

 Artificial Intelligence Vs Consumer protection


 National Security and artificial intelligence
 Heuristic search strategies
 Rationale, planning and scheduling of Artificial Intelligence
Module III – AI Law Vs Other Laws

 Legal trends in the AI industry


 Artificial Intelligence Vs IP transactions
 Artificial Intelligence Vs Anti-Trust aspects.
 AI system vs financial service regulations
Module IV - Artificial Intelligence: National and International perspective

 Need for the Model Law on Artificial Intelligence


 Artificial Intelligence Law and its development in India.
 Artificial Intelligence Law and its development in United stated of America.
 Artificial Intelligence Law and its development in other jurisdictions.

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