Professional Documents
Culture Documents
Faculty:
Garima Goswami
Assistant Professor of Law
Gujarat National Law University
E Mail- ggoswami@gnlu.ac.in
Mobile-91+8128650801
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Banking Institutions have become important players in the present day economy. They play pivotal role
in the growth of trade, commerce and industry. Several policy initiatives and legislative amendments
have changed the role of banks from being mere economic institutions into agents of social change.
Appreciating the importance, the government has enacted several enactments to direct, regulate and
control the banks and banking operations, through Reserve Bank of India and Ministry of Finance.
The Indian banking sector has been witnessing rising NPAs over the last few years. Bad debts of the
banks and financial institutions have heaped up resulting in huge losses of money, which has become
difficult to be recovered easily due to delays in conventional legal system. This backlog of huge
amounts has caused unhealthy economic imbalances in the functioning of banks and financial
institutions. The Indian banking system has seen a slew of measures over the last few years to combat
the NPA and bad debts. The banking sector has gone through a transition over the last decade
culminating with the Insolvency and Bankruptcy Code, 2016. Recently, the government has also
brought various amendments under the Banking Regulation Act, Negotiable Instruments Act, 1881,
Recovery of Debts and Bankruptcy Act,1993, SARFAESI Act, 2002 etc. These recent changes have
given a new hope to the banking sector with regard to the recovery of non-performing assets,
cooperative banks, dishonour of cheque etc. At the same time, these changes have also opened the
doors for fresh issues and challenges.
The course is designed to primarily acquaint the students with operational parameters of banking law,
which includes an in-depth understanding of the legal issues related to the negotiable instruments,
lending and debts recovery, corporate governance in the banking sector etc. by giving them an
understanding of key statutory provisions, case laws and latest developments. The course also further
aims to provide practical understanding of banking law and policy with an objective to develop
appreciative faculties of the students in statutory aspects as well as judicial decisions.
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
No. of Sessions
Module No. Modules
(Classes)
VI.4.1 * Origin, Structure & Functions of Banking Institutions in 07
India
VI.4.2 Central Banking Institution: The Reserve Bank of India 04
VI.4.3 Banks and Banking Business: The Banking Regulation 07
Law
VI.4.4 Banker Customer Relationship: Legal Issues 12
VI.4.5 Law Relating to Negotiable Instruments 10
Module- VI.4.1 Origin, Structure & Functions of Banking Institutions in India Sessions: 07
Introduction
Evaluation and History of Banking in India
Socio, Economic and legal Environment of Banking Business in India
Bank Nationalisation
*
‘VI’ stands for semester, ‘4’ stands for the order in which the course/paper appears in a semester, and ‘1’ stands for
the module number.
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Banking Sector Reforms
Structure of Banking Institutions-The Different Types of Banks viz. Commercial
Banks, Cooperative Banks, Regional Rural Banks, Merchant Banks, NABARD,
Specialized Banks, Financial Institutions and their Functions-An Overview
Cases
All India bank Officers Confederation and Others v Union of India & Others AIR 1989 SC 2045
Rustom Cowasji Cooper v Union of India AIR 1970 SC564
Introduction
The Reserve Bank of India: The Central Bank
Nationalisation of the Reserve Bank of India
Organizational Structure of the Reserve Bank of India
Central Banking Functions
Collection and Furnishing of Credit Information
Provisions Relating to Non-Banking Institutions Receiving Deposits and Financial Institutions
Recent Developments: Issues and Challenges
Cases
Vivek Narayan Sharma v Union of India (2017) 1 SCC 388
Prudential Capital Market Ltd v State of Bihar (2000)102 Com Cases 442
Bhavesh D Parish v Union of India AIR 2000 SC 2047
Jayantilal Ratanchand Shah v Reserve Bank of India & Others JT 1996 (7), 681 1996 SCALE (5)741
Y Jameela Beevi v State Bank of Travancore (1992)74 Compo Cases736
Peerless General Finance& Investment Co Ltd v RBI AIR 1992 SC1033
Bank of India v Karnam Ranga Rao & Others AIR1986 Kant 242
H P Krishna Reddy v Canara Bank AIR 1985 Kant 228
V T Khanzode & Others v RBI& Ors AIR 1982 SC917
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Module- VI.4.3 Banks and Banking Business: The Banking Regulation Law Sessions: 07
Introduction
Social Control of Banking Institutions
Licencing of Banking Activities
Minimum Paid- Up Capital,Reserves and other Requirements
Restrictions on Loans and Advances
Control over Management
Control over Amalgamation and Reconstruction
Control over Accounts and Audits
Other Powers of RBI and Central Government
Winding Up of Banking Companies
Applicability of Banking Regulation Act, 1949 on Public Sector Banks and Cooperative
Banks
Recent Amendments
Banking Regulation (Amendment) Act, 2017- An Analysis
Banking Regulation (Amendment) Act, 2020 - An Analysis
Cases
Reserve Bank of India v Jayantilal N Mistry (2015) Transfer Petition (Civil) No 713 of 2012
S Bhgavathy v State of T N AIR 2007(NOC) 1147 Mad
Chandramma Anrs v The GM State Bank of Hyderabad & Anr AIR 1998 AP 289
Janata Sahakari Bank Ltd v The State of Maharashtra AIR 1993 Bom 252
Rustom Cowasji Cooper v Union of India AIR 1970 SC 564
Chotanagpur Banking Association Ltd AIR 1969 Patna 184
Kartic Chandra Pal v Noakhali Union Bank Limited (In Liquidation) AIR 1969 Cal 158
Merchants Bank Ltd v M Dharamsambarthani Amogal AIR 1966 Mad 26
Sajjan Bank Ltd v Reserve Bank of India AIR 1961 Mad 8
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Sir Mohammed Akbhar Khan v Attar Singh 63 IA 279
R Pillai v Ayyar ILR (1920) 43 Mad 816
Introduction
Definition of Banker and Customer
General Relationship
Special Relationship
Changing Facets of Banker Customer Relationship with the advent of Digital Banking
Banker’s Duty of Secrecy,
Banker’s Duty to Honour Cheques,
Banker’s Lien and Banker’s Right to Set Off - Appropriation of Payments - Garnishee Order -
Customer’s Duties towards his Banker.
Opening of New Accounts – Special Types of Customers - Minor’s A/C, Joint A/C,
Partnership A/C, Company’s A/C, Married women’s A/C, Trust A/C, Joint Hindu Family
A/C - Illiterate Persons, Lunatics, Executors - Precautions Required in case of Administrators,
Clubs, Societies and Charitable Institutions to Open an Account
Cases
Lonankutty Antony T V Antony v The Joint Registrar of Cooperative Societies and others WP(C) No:
2527/2015
Ganesh Santa Ram Sirur v State Bank of India & Anr (2005) 1 SCC 13
Verity and Spindler v Lloyds Bank (1995) CLC 1557
Barclays Bank Ltd v Quistclose Investments Ltd (1968) UKHL 4
Canara Bank v Canara Sales Corporation and Others AIR 1987 SC 1603
Central Bank of India Bombay v Gopinath Nair & Ors AIR 1979 Kerala 74
State Bank of India v Shyama Devi AIR 1978 SC 1263
UCO Bank v Hem Chandra Sarkar (1990) 3 SCC 389
Travancore National & Quilon Bank AIR 1940 Mad 139
Shankarlal Agarwalla v State Bank Of India AIR 1987 Cal 29
Syndicate Bank v Vijay Kumar And Others AIR 1992 SC 1066
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Firm Jaikishen Dass Jinda Ram and v Central Bank of India AIR 1960 P H 1
Central Bank v Gopinathan Nair AIR 1970 Ker 74
UDT v Kirkwood (1966) 2 QB 431 CA
Great Western Railway Co v London and County Banking Co Ltd H L AC 414
Joachimson v Swiss Bank Corporation (1921) 3 K B 110
New Bank of India Ltd v Pearey Lal AIR 1962 SC 1003
Tournier v National Provincial and Union Bank of England (1924) 1 KB 461
Commissioner for Taxes v English, Scottish and Australian Bank (1920) AC 683
Bank of India v The Official Liquidator AIR 1915 Bom 375
Foley v Hill (1848) 2 HLC
Devaynes v Noble 38 (1816) Mer 529
Introduction
Definition and Characteristic of Negotiable Instruments & Types of Negotiable
Instruments
Definition and Essentials of Promissory Note, Bill of Exchange and Cheque
Liabilities and Capacity of Parties of Negotiable Instrument
Holder and Holder in Due Course
Transfer and Negotiation of Negotiable Instrument
Crossing of Cheques and Payment, Dishonour of Cheques, Presentment and Payment,
Dishonour
Noting and Protest of Negotiable Instrument, Endorsement: Definition, Essential of a
Valid Endorsement
Endorsement and its Kinds, Rules of Evidence and Compensation
Special Rules of Evidence - Material Alteration, Noting and Protest, Paying Banker and
Collecting Banker
Recent Amendments
Negotiable Instruments (Amendment) Act, 2015:An Analysis
Negotiable Instruments (Amendment) Act, 2018:An Analysis
Recent Developments: Issues & Challenges
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Cases
G J Raja v Tejraj Surana 2019 SCC Online SC 989
Surinder Singh Deshwal @ Col S S Deshwal & Ors v Virender Gandhi (2019) 11 SCC 341
Ramzan Khan v Khadim Tours and Travels 2019 SCC OnLine Bom 709
Rahul Kisan Khande v Samir Salim Shaikh 2019 SCC OnLine Bom 834
Subal Chandra Ghosh v State of Tripura 2019 SCC OnLine Tri 134
Bhardwaj Thirvenkata Venkatavaraghavan v PVR Ltd 2019 SCC OnLine Del 6774
Anand and Associates v Jugal Kishore Jain 2019 SCC OnLine Del 6708
Ajay Vinodchandra Shah v The State of Maharashtra & Anr (Criminal Writ Petition No 258 of
2019
Bir Singh v Mukesh Kumar (Criminal Appeal No 230-231 of 2019, decided on February 6,
2019)
E Dhanuskodi v D Sreedhar, 2018 SCC OnLine Mad 5124
P Ramadas v State of Kerala (2018) 3 SCC 287
Dataram Singh v State of U P (2018) 3 SCC 22
Anita Maria Dias v State of Maharashtra (2018) 3 SCC 290
Priyanka Nagpal v State (NCT of Delhi) (2018) 3 SCC 249
B Sunitha v State of Telangana (2018) 1 SCC 638
Meters and Instruments (P) Ltd v Kanchan Mehta (2018) 1 SCC 560
Kumaran v State of Kerala (2017) 7 SCC 471
Sampelly Satyanarayana Rao v Indian Renewable Energy Development Agency Ltd 2016 SCC
OnLine SC 954
Brijendra Enterprise v State of Gujarat 2016 3 GLH 143,2016 JX (Guj) 400
Ulhas Fulchand Rathod v The State Of Maharashtra on 17 June 2016 (Bombay High Court)
Standard Chartered Bank Appellant v State of Maharashtra and Others etc SLP (Crl) No 484-486 of
2016)
M/S Bridgestone India Pvt Ltd v Inderpal Singh 9 (2015) SLP (Crl ) No 7850 of 2011
Axis Bank v Punjab National Bank (2015) WP (C) 6201/2014
M/s Indus Airways Pvt Ltd & Ors v M/s Magnum Aviation Pvt Ltd & Onr (Crl Appeal No
830/2014)
Dashrath Rupsingh Rathod v State of Maharashtra (2014) 9 SCC 129
Britannia Industries Ltd. v Punjab National Bank (2013) 10 SCC 642
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Nishant Aggarwal v Kailash Kumar Sharma (2013) 10 SCC 72
Standard Chartered Bank v Noble Kumar (2013) 9 SCC 620
P J Agro Tech Limited and Ors v Water Base Limited (2010) 12 SCC 146
Harman Electronics Pvt Ltd v National Panasonic India Pvt Ltd (2009) 1 SCC 720
Ramawati Sharma v Union of India (2001) 107 Comp Cases 215 (All) 4
Bharat Barrel & Drums Mfg Co v Amin Chand Pyarelal AIR1999 SC 1008
Anchor Capital of India v State of Gujarat (1999)1 Bank LLR 393
Bhaskaran v Sankaran Vaidhyan Balan 1999 (4) ALL MR 452 (SC)
Modi Cements v Shri Kunchil Kumar Nandi AIR 1998 SC 1057
Sadanandan Bhadran v Madhavan Sunil Kumar AIR 1998 SC 3043
Introduction
Lending by Banks and Financial Institutions: Issues & Perspectives
Principles of Sound Lending
Securities for Banks Advances
Pledge
Mortgage
Charge
Goods or Documents of Title to Goods
Life Insurance Policies as Security
Debentures as Security
Guarantees as Security
Contract of Guarantee and Indemnity
Recovery of Loans with the Intervention of Courts/Tribunals
o Civil Court
o Lok Adalat
o Debt Recovery Tribunal
Recovery of Loans without Intervention of Courts/Tribunals
o Securitisation
o Reconstruction
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
o Enforcement of Security Interest
The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous
Provisions (Amendment) Act, 2016: An Analysis
Restructuring of Stressed Assets: Changing Landscape
Impact of Insolvency and Bankruptcy Code, 2016 on Debts Recovery Regime
Cases
Union Bank of India v Rajat Infrastructure Pvt Ltd & Ors Civil Appeal No 1902 of 2020
(SpeciaL Leave Petition (CIVIL) No 28608 Of 2019)
International Association for Protection of Intellectual Property (India Group) v Union of India
[Miscellaneous Application No 2219/2020]
M/s L & T Housing Finance Limited v M/s Trishul Developers & another Civil Appeal No 3413 of
2020 (Arising out of SLP(C) No(s) 18360 of 2019)
Rajagopal v Raji 2019 SCC OnLine Mad 733
Standard Chartered Bank v MSTC Limited [SLP (C) No 20093 of 2019
Indiabulls Housing Finance Limited v Deccan Chronicle Holdings Limited & Ors 2018 (2) Bom C R 739
Ajmer Enterprises v Debt Recovery Tribunal 2019 SCC OnLine P&H 4
State Bank of Travancore v Mathew K C (2018) 3 SCC 85
Agarwal Tracom (P) Ltd v Punjab National Bank (2018) 1 SCC 626
Innoventive Industries Ltd v ICICI Bank (2018) 1 SCC 407
Mobilox Innovations (P) Ltd v Kirusa Software (P) Ltd (2018) 1 SCC
Macquarie Bank Ltd v Shilpi Cable Technologies Ltd (2018) 2 SCC 674
Bank of New York Mellon v Zenith Infotech Ltd (2017) 5 SCC
Canara Bank v M Amarender Reddy (2017) 4 SCC 735
Alchemist Asset Reconstruction Company Ltd v Hotel Gaudavan Pvt Ltd AIR 2017 SC 5124
State Bank of India and ors v Kingfisher Airlines Ltd and ors 9 May 2017 (I A No 9-12 & 13-16 of
2016 in SLP (C) No 6828-6831 of 2016)
Ashok Kumar v Authorized Officer Punjab National Bank 2017 SCC OnLine All 333
Baleshwar Dayal Jaiswal v Bank of India (2015) SLP (C) No 27674 of 2011
Central Bank of India v C L Vimla & ors 2015 (5) SCALE 615
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Keshavlal Khemchand and sons Private Limited v Union of India WP (Civil) No 901 of 2014
Mathew Varghese v M Amritha Kumar (2014) 5 SCC 610
Harsh Govardhan Sondagar v International Assets Reconstruction Company Ltd (2014) 6 SCC 1
Jai Logistic v The Authorized Officer Syndicate Bank 2010 (4) CTC 627
Chemstar Chemicals & Intermediates (P) Ltd v The Commercial Tax Officer Chennai and State Bank of
Mysore WP No 6354 of 2010
Haryana Financial Corporation & Another v Rajesh Gupta (2010) 1 SCC 655
Karnataka State Financial Corporation v N Narasimahaiah (2008 (5) SCC 176)
K Krishnaswamy v Karnataka R S Bank AIR 2008 Kar 20
Youth Development Bank v B D Salokhe AIR 2008 Bom 167
Transcore v Union of India 2006 (12) SCALE 585
Mardia Chemicals Limited v Union of India (2004) 51 SCL 513 (SC)
E Sathyanarayanan v Reserve Bank of India (2002) CLC 287 Kant
Allahabad Bank v Canara Bank AIR 2000 SC1535
Lalit Kumar Agarwal v DRT 2000 (83) DLT268
Module- VI.4.7 Other Important Concepts and Developments in Banking Sector Sessions: 03
Introduction
Corporate Governance in the Banking Sector: Issues and Challenges
Crypto currency
Payments Banks
E- Banking ,E- Payments and Mobile Banking in India
Micro Finance: Issues and Challenges
MUDRA Bank
Green Banking and Sustainable development
Islamic Banking in India: Issues and Challenges
Banking Ombudsman
Consumer Protection and banking services
Banking in International Financial Services Centre(IFSC)
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Cases
Internet and Mobile Association of India v Reserve Bank of India (2020 SCC Online SC 275)
TA Abrahim v RBI (2001) (3) CPJ 293
Vimal Chandra Grover v Bank of India AIR 2000 SC 2181
Punjab and Sind bank v Manpreet singh (1994 )(3) CPJ 532
Virendra Prasad v Reserve bank of India (1991) (1) CPJ 336
Prescribed Readings
1. Datey V S Guide to Insolvency and Bankruptcy Code (7th edn, Taxmann 2019)
2. Singh Avtar, Banking & Negotiable Instruments ( 4th edn, Eastern Book Company
2018)
3. Wahi V S, Treatise on Insolvency and Bankruptcy Code (2nd edn, Bharat Law House Pvt
Ltd 2018)
4. Taxmann’s Guide to Insolvency and Bankruptcy Code 2016 (3rd edn, Taxmann
Publications Pvt Ltd New Delhi 2018)
5. Saeed Manzar, Commentary on the Insolvency and Bankruptcy Code, 2016 (2nd edn,
Thompson Reuters 2017)
6. Batra Sumant, Corporate Insolvency: Law and Practice (1st edn, Eastern Book Company
2017)
7. Kothari Vinod, Securitisation, Asset Reconstruction and Enforcement of Security Interests (4th
edn, Lexis Nexis reprint 2016)
8. Umarji M R, Law and Practice Relating to Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest (6th edn, Taxmann Publications Pvt Ltd New
Delhi 2014)
9. Rao Panduranga K , Law Relating to Securitisation & Reconstruction of Financial Assets
& Enforcement of Security Interest (7th edn, Asia Law House 2016)
10. Chaturvadi RG , Law & Practice of Securitisation & Reconstruction of Financial Assets and
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
Enforcement of Security Interest (6th edn, Bharat Law Publications 2015)
11. Datta C R, Kataria, S K, Banker's Manual Vol 1&2 Commentary on Banking Laws &
Allied Acts ( 24th edn, LexisNexis Butterworth’s Wadhwa Nagpur 2011)
12. Saharay H K , Saharay Madhusuda, Negotiable instruments Act, 1881 Dishonour of
Cheques (3rd edn, Premier Publishing Co Allahabad 2011)
13. Singh Avatar, Banking and Negotiable Instruments (2nd edn, Eastern Book Company
Lucknow 2011)
14. Taxmann’s, RBI's Instruction for Banks & Banking Operations (Taxmann publications
Pvt Ltd New Delhi 2010)
15. Gupta S N, Banking Law in Theory and Practice, Vol. 1,2&3 ( 5th edn, Universal Law
Publishing Co Pvt Ltd 2010)
16. Hapgrood Mark, Paget’s Law Of Banking (13th edn, Butterworth’s Law 2006)
17. Gupta. SN, Dishonour of Cheques-Liability civil &criminal (5th edn Universal Law
Publishing Co Pvt Ltd New Delhi 2006)
18. Singh Avtar, Negotiable Instruments (4th edn, Eastern Book Company Lucknow 2005)
19. Tannan, ML, Banking law and practice in India ( 21st edn, Wadhwa & Co 2005)
20. Mishra Ranganath, Bhashyam & Adiga, Negotiable Instruments Act (17th edn, Bharat
Law house Pvt Ltd New Delhi 2003)
21. Narayan Laxmanrao, Dishonour of Cheques: Law and Practice (2nd edn, S Georgia and
Company Hyderabad 2004)
List of Statutes
1. The Insolvency and Bankruptcy Code, 2016
2. The Negotiable Instrument Act, 1881
3. The Banker’s Book Evidence Act, 1891
4. The Reserve Bank of India Act, 1934
5. The Banking Regulation Act, 1949
6. The Banking Companies(Acquisition and Transfer of Undertakings) Act, 1970 and
1980
7. The Recovery of Debts and Bankruptcy Act, 1993
8. The Information Technology Act, 2000
9. The Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
10. The Indian Contract Act, 1872
11. The Civil Procedure Code, 1908
12. The Consumer Protection Act, 1986
13. The Indian Limitation Act, 1963
Recommended Readings
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
5.0 Teaching Methodology
Lecture Method
Case Analysis
Class-Room Participation
Presentation by Students, if needed
Group Discussions
Group Activities
Inviting Visiting Faculty, if required
Using Power Point Presentation.
Evaluation: Marks
Continuous Evaluation…………………………………………….………….. 20
Project in lieu of Mid-Semester Examination………………………………….30
End-Semester Examination…………………………………….........................50
Total 100
Continuous Evaluation: Continues Evaluation for 20 marks shall be done through Group
Discussion. Research Project shall be assigned in lieu of Mid Semester Examination.
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Semester: VI Course: Law of Banking and Negotiable Instruments Faculty: Garima Goswami
2. The teaching methodology of the subject will not necessarily be bound by the
parameters shown here.
3. Both faculty-member and students may mould it according to the needs as and when
they arise for better and progressive understanding of the subject in a flexible way.
4. Active and positive class participation is mandatory. Maintaining the dignity and
decorum of the class is equally mandatory.
5. The students are required to come to the class with necessary homework, which will be
beneficial for positive participation in lectures.
6. No. of sessions mentioned in the course outline are indicative only and may be
increased/decreased as per the need of students, requirement of the course and most
importantly the prevailing circumstances.
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