CYBER LAW

Module 1
A. Introduction
 Concept of Cyberspace, Need for Regulation of Cyberspace
 Evolution of IT Law, Objectives of Information Technology Law. Internet and
problems of geography, Sovereignty- Functional Equality.
 Regulating the Cyber Society- Cyberlibertarianism, Cyberpatternalism, Network
Communitarisn, platform Regulation, and Nudging and Libertarian patternism
 Issues of Jurisdiction- Need for Extra Territorial operation of IT Law, Tests Relating
to Jurisdiction in Cyberspace- Assumption Test, Sliding scale or Zippo Test, Foreign
Effect Test, Modified Sliding Test, and Trespass Chattel in Cyberspace for spam.
 Extent and operation of IT Law.
 Concept of Digital and electronic signature, Symmetric and Asymmetric Key,
Certifying Authority- power and function, Granting of digital signature.
 Electronic Governance-Legal Recognition, Delivery of Services, Retention of
Electronic Record, Authentication and Attribution of Electronic Records, Secure
Electronic Records and Secure Signature.
 Net neutrality
 Web Content Accessibility Guidelines (WCAG) 2.0
Module 2
Privacy, Individual Rights and Data Protection
 Individual Rights Protection on Cyberspace
 Content, freedom of Expression and Social Responsibility, platform and content hosts
 Technology Privacy, monitoring and Surveillance.
 Data Protection- Evolution of laws, scope and principles, sectoral aspects of data
protection, transborder data flows, Role of Supervisory agencies.
 Regulation of Social Networking Sites.
Module III
E- Commerce and Electronic Contracts
 Electronic Contracts- Formation and Issues, Types of electronic contracts
 Legal Aspects of E-Commerce, Advantages and Disadvantages, International
Iniatives, Models of E-commerce.
  Electronic Payments -Regulation, Issues and International Initiatives.
 Credit Card Regulation in India
 Bitcoin and Cryptocurrencies
 Distance and online selling and consumer protection, Regulation of Spam.
Module IV
Cyber Crime National & International Perspectives
 Cyber wrongs and Offences under IT Act, 2000-
 Investigation of cybercrimes.
 Cyber terrorism, and cyber warfare Impact on privacy, identity theft.
 Budapest Convention on Cybercrime
 ISP liability
MODULE V
Intellectual Property Issues and Cyberspace
 Trade Marks and Domain Name Protection, and Cyber-Squatting.
 Online Piracy, Copyright Regulations- Digital rights management, DMCA

 Concurrent Registration and international trademark regime

 Brand Identities, search engines and secondary market

 Database Right

 UDRP Policy and ICANN Regulation

 PRINCIPAL OF TAXATION

Unit I:

1. General Perspective/ Genesis

 History of tax law in India

 Fundamental principles relating to tax laws
 Governmental financial policy, tax structure and their role in the national economy.
 Concept of tax:
 Nature and characteristics of taxes
 Distinction between:
i. Tax and fee
ii. Tax and cess
iii. Direct and indirect taxes
iv. Tax evasion and tax avoidance
2. Legislative power to levy taxes:
 Constitutional Provisions
 Distribution of Legislative Powers between the Union and States with particular
reference to Taxing Powers
 General Scheme of Distribution of Legislative Powers (Articles 245 – 254)
 Distribution of Taxing Powers
 Entry 97 and Entry 86 of List I (Union List)
 Entry 49, List II (State List)
Unit II:
Income Tax
 Basic Concepts:
 Income [Definition : S. 2(24) ]
 Capital Receipt v. Revenue Receipt -Tests to distinguish
 Agricultural Income – Meaning of Agricultural Income[S. 2(1A), 10(1)]
 Income not included in total income
 Deemed income
  Clubbing of income
 Assessee- Assessment year- Previous Year (S. 3)
 Residential status of Assessee (S. 6)
 Incidence of tax varies with residential status of an assessee
 Total income of assessee (Ss. 4 and 5)
 Income deemed to accrue or arise in India (S. 9)
 Person
 Tax Planning
 Chargeable income: Basis of charge (Receipt, Accrual, and Arisal)
 Heads of income: (S. 14), Rationale- Heads, whether mutually exclusive
 Salaries : (Ss. 15 to 17) – Chargeability - Meaning of Salary;
 Perquisites; Profits in lieu of salary
 Income from house property: (Ss. 22 to 27) - Ingredients of section
 Annual Value how to be determined - Deductions under section 24 -
 Deemed owner (S. 27)
 Income from business or profession: (Ss. 28 to 44) –Applicability –
 Deductions - Bad debts
 Capital gains: (S. 45 to 55)
 Income from other sources: (Ss. 56 to 59)
 Income of other Persons included in Assessee’s Total Income (Ss.60-64)-clubbing of
income –justifiability - throwing of separate property intothe common stock of Joint
Hindu Family and subsequent partition of the same.[ S. 64(2)]
 Deductions, relief and exemptions
 Set Off, Carry Forward and Set off of Losses (Ss. 70-71B, 72-74A)
 Rate of income tax
Unit III: Income Tax Authorities:
 Power and functions
 Search and Seizure (Ss.132, 132A, 132B)
 Best Judgment Assessment; Income escaping assessment
 (Ss. 139, 142, 143, 144, 145(2), 147, 148, 149, 150, 151 and 153)
 Offences and penal sanctions:
 Settlement of grievances:
 Authorities, powers and functions
Unit IV: Goods and Services Tax Act- .

 A. Overview of Goods and Services Tax, Implementation of GST, Liability of the Tax
Payer,

 GST Network and GST Council.

 B. Levy of an Exemption from Tax, Levy of GST, Composition Scheme, Remission of

Tax / Duty.

 C. Registration, Registration Procedure, Amendments / Cancellation.

 D. Meaning and Scope of Supply, Taxable Supply, Supply of Goods and Supply of
Services, Course or Furtherance of Business, Special Transaction, Time of Supply.\

 E. Valuation in GST, Payment of GST, Input Tax Credit, Input Service Distributors.
 LABOUR AND INDUSTRIAL LAWS

Module I: Introduction to Industrial Relations

1. Industrial Relations: Concept and Significance

2. Role of State in Industrial Relations

3. Modern Trends and Collective Bargaining

4. Impact of globalization on Industrial Relations

5. Changing Dimensions of Industrial Relations in India and Judicial Approach

Module II: Trade Unions

1. Trade Union: Objectives and Significance

2. Trade Unionism and Trade Union Movements

3. Trade Union Movement in India

4. Law and Practise Recognizing Trade Unions

5. Legal Status of Registered Trade Unions

Module III: Individual and Industrial Disputes

1. Industrial Disputes: Meaning and Nature

2. Individual and Industrial Disputes

3. Definitions: Industry, Industrial Establishment, wages, workman and Award

4. Prevention and Settlement of Industrial Disputes

5. Unfair Trade Practices

Module IV: Strikes and Lock-outs

1. Meaning of Strikes and Lock-outs

2. Justifiability of Strikes and Lock-outs

3. Strike and Temporary Closing of Place of employment

4. Prohibition of Strikes and Lock-outs

5. Illegal Strikes and Lock-outs and Payment of wages

Module V: Lay-off, Retrenchment and Closure

1. Meaning of Lay-off and Retrenchment

2. Right of workmen laid off for compensation

3. Condition precedents to Retrenchment

4. Closure and Compensation to workmen

5. Penalty for closure without notice

Module VI: Standing Orders

1. Industrial Employments: Scope and Coverage

2. Concept and Nature of Standing Orders

3. Operation and Binding Effects of Standing Orders

4. Modification and Temporary Application

5. Enforcement and Role of Government

 INVESTMENT LAW

Module I: Preliminary [03 Lectures]

 Historical Background of Investment and securities laws

 Meaning of investment and market
 Nature and risk associated with investment
 Evolution of Investment and bargaining norms.

Module II: Investment Avenues & Tax Planning for Investment [6 Lectures]

 Objectives of Investors
 Characteristics of Investment
 Risk-Return Relationships, Tax Benefits
 Marketability and Liquidity
 Safety vs. Riskiness
 Non Corporate Investments- Deposits with Banks, Instruments of Post Offices,
PPF,NSS, IVP, KVP, Public Sector Bonds
 Corporate Investments
 Taxation of Dividend and Interest Income
 Tax Treatment on Investments
 Income Tax and Corporation Taxes
 Taxation of Investment business in India

Module-III: Investors Protection [6 Lectures]

 Need for investors protection

 Factors affecting investor’s interest
 Investor’s protection measures
 Guidelines to investors

Module IV: Securities and Exchange Board of India (SEBI) [06 Lectures]

 Constitution Powers and Functions of SEBI

 Securities Appellate Tribunal
  SEBI (Disclosure & Investor Protection) Guidelines

Module V: Venture Capital [06 Lectures]

 Concept of venture capital

 Features of venture capital, Scope of venture capital, Importance of venture capital
 Venture capital guidelines and legal framework in India
 Suggestions for the growth of Venture Capital Funds
 Nitin Desai Committee’s Recommendations.

Module VI: Mutual Funds Investment [06 Lectures]

 Introduction and scope of Mutual Fund

 Definition and Origin of Mutual Fund[MF]
 Types and classification of MF
 Importance, Risk and Organization of Fund, Evaluation of MF
 General Guidelines for MF and legal frame work in India
 Mutual Funds in India- Reasons for slow Growth, Future of MF Industry in India
 Unit Trust of India (UTI)

Module VII: Depository System [06 Lectures]

 Depository
 Bank and Depository- Comparison
 Depository Participant(DP)
 Depository(Demat) Services, Demat (Beneficiary) Account
 Dematerialization and Re materialization
 Role of CDSL, Role of NSDL
 Legal framework for Depositories in India [SEBI Guidelines]

Module VIII: Investors Protection (06 Lectures)

 Investors rights and responsibilities

 Whom to approach for complaint against brokers/depository participants
 Grievance redressal mechanism at stock exchange
 Legal framework for investors protection in India
 Investors Education and Protection Fund
 SEBI(Investors Protection and Education Fund) Regulations, 2009
  Initiatives taken on Financial Literacy in India
 Investors Grievance Redressal Mechanism at SEBI
 SEBI (Informal Guidance) Scheme, 2003

BANKING LAW

Module 1: Introduction

Evolution of Banking Law, Evolution of Banking Institutions, Origin of the word “Bank”,
Early History of Banks, Development of British Banking, Functions of Commercial Banks,
Historical Background of Banking Institutions in India, Rise of Joint Stock Banks in India,
Lead Bank Scheme, Co-Operative Banks, Regional Rural Banks

Module 2: The Banking (Regulation) Act, 1949

History, Salient features of Banking Law (Amendment) Act, 2012, Powers granted by RBI by
Banking Laws (Amendment) Act, 2012, Social Control, Nationalization of 14 Major Banks,
Banking and Banking Company

Module 3: The Reserve Bank of India

Functions of RBI, The Organizational Structure of RBI, RBI and Commercial Banks,
Custodian of foreign exchange and foreign exchange control and other promotional functions

Module 4: Recent Trends of Banking System in India

Credit Card Policy and Regulation, Credit Policy, Social Security and Banking, Electronic
Payment Service, E-Cheques, Internet Banking, FDI in Banking Sector, Introduction to
Mutual Funds

Module 5: Emergent Trends of International Banking

Basel I, II & III norms, Foreign Exchange, Overseas Trading Services and Other Issues

Module 6: Other Banking Related Laws

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest

Act, 2002 [SARFAESI ACT]: Introduction, Definitions, Regulation of Securitization and
Reconstruction of Financial Assets of Banks and Financial Institutions, Enforcement of
Security Interest, Central Registry, Offences and Penalties. Miscellaneous
The Banking Ombudsman Scheme, 2002: Purpose, Extent, Definition, Establishment and
Powers, Procedure for Redressal of Grievances, Arbitration and Conciliation Procedure