You are on page 1of 174

FACULTY

OF

LAW

CURRICULUM

&

DETAILED SYLLABUS
CHOICE BASED CREDIT SYSTEM (CBCS)

For

LL.B. (Hons.)

Three Year Course

1
SEMESTER-I

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
4 1 0 4
20LLB101 C CONSTITUTIONAL LAW-I
JURISPRUDENCE (LEGAL METHOD, INDIAN 4 1 0 4
20LLB102 C LEGAL SYSTEM & BASIC THEORY OF LAW)
LAW OF CRIMES-I 4 1 0 4
20LLB103 C
20LLB104 C LAW OF TORTS,CONSUMER PROTECTION 4 1 0 4
ACT & MV ACT
4 1 0 4
20LLB105 C PROPERTY LAW
TOTAL 20 5 0 20
TOTAL CONTACT HOURS 25

SEMESTER-II

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
20LLB201 C CONSTITUTIONAL LAW-II 4 1 0 4
20LLB202 FAMILY LAW-I 4 1 0 4
C (HINDU LAW)
LAW OF CRIMES-II 4 1 0 4
20LLB203 C
C LAW OF CONTRACT-I 4 1 0 4
20LLB204
20LLB205 C PUBLIC INTERNATIONAL LAW 4 1 0 4
TOTAL 20 5 0 20
TOTAL CONTACT HOURS 25

SEMESTER-III

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
20LLB301 C LAW OF CONTRACT-II 4 1 0 4
20LLB302 C FAMILY LAW-II 4 1 0 4
CIVIL PROCEDURE CODE& LIMITATION 4 1 0 4
20LLB303 C
LABOUR & INDUSTRIAL LAW-I 4 1 0 4
20LLB304 C
ENVIRONMENTAL LAW 4 1 0 4
C

2
20LLB305
20LLB306 O COMPETITION LAW 4 1 0 4
20LLB307 Cl DRAFTING , PLEADING AND CONVEYANCE 4 - - 4
TOTAL 28 7 0 28
TOTAL CONTACT HOURS 35

SEMESTER-IV

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
20LLB401 C LAW OF EVIDENCE 4 1 0 4
20LLB402 C ADMINISTRATIVE LAW 4 1 0 4
20LLB403 C COMPANY LAW 4 1 0 4
20LLB404 C LABOUR & INDUSTRIAL LAW-II 4 1 0 4
20LLB405 O INTERPRETATION OF STATUTES 4 1 0 4
20LLB406 O BANKING LAW 4 1 0 4
20LLB407 Cl MOOT COURT & INTERNSHIP 4 - - 4
TOTAL 28 7 0 28
TOTAL CONTACT HOURS 35

SEMESTER-V

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
20LLB501 C PRINCIPLES OF TAXATION LAW 4 1 0 4
20LLB502 O 4 1 0 4
LAND LAWS
20LLB503 H 4 1 0 4
HONS. SUBJECT-I
20LLB504 H 4 1 0 4
HONS. SUBJECT-II
20LLB505 H 4 1 0 4
HONS. SUBJECT-III
20LLB506 H 4 1 0 4
HONS. SUBJECT-IV
20LLB507 Cl ALTERNATIVE DISPUTE RESOLUTION 4 - - 4
TOTAL 28 7 0 28
TOTAL CONTACT HOURS 35

SEMESTER-VI

COURSE CATEGORY SUBJECT NAME L T P C


CODE
THEORY
O INTELLECTUAL PROPERTY LAW 4 1 0 4

3
20LLB601
O 4 1 0 4
20LLB602 RENT ACTS
H HONS. SUBJECT-V 4 1 0 4
20LLB603
H HONS. SUBJECT-VI 4 1 0 4
20LLB604
H HONS. SUBJECT-VII 4 1 0 4
20LLB605
H
HONS. SUBJECT-VIII 4 1 0 4
20LLB607 Cl
PROFESSIONAL ETHICS & PROFESSIONAL 4 - - 4
ACCOUNTING SYSTEM
TOTAL 28 7 0 28
TOTAL CONTACT HOURS 35

Hons. Offered in

• Criminal Law Group


• Corporate Law
• Constitutional Law Group

Abbreviations:
C- Compulsory Subject
O-Optional Subject
La-Language subject
L-Liberal subjects
H-Hons. Subject
Cl- Clinical Subject

4
Internal Evaluation External Total
Total-50 Examination marks
Total- 50
Internal Internal Internal Internal Internal External
Assessment- Assessment- Assessment- Assessment Assessment Paper
I II III - IV -V
10 marks 10 marks 10 marks 10 marks 10 marks 50 100

S.No Course- Total Credits/Week Total


LL.B.(Hons) Subjects credits
1. Compulsory Subjects 20 4 80

2. Optional Subjects 6 4 24

3. Clinical Subjects 4 4 16

4. Hons. Subjects 8 4 32

Total 38 152

5
SEMESTER-I

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB101 CONSTITUTIONAL LAW-I

PREREQUISITE NIL

OBJECTIVES:
The Objective of this paper is to provide understanding of basic concepts of Indian Constitution
and will orient students on constitutional rights and duties, perspective and remedies.

LEARNING OUTCOMES:
This will provide a clear picture of evolution Indian constitution from a historical point of view.
As sources and features are concerned, students will get to know about the various sources of the
Indian constitution. Students will have a clear idea about all the fundamental rights mentioned
under Indian constitution. And will have the general understanding about their duties as well.
This course will help students to know about the directives principles of a state policy also.

MODULE-I
Preamble - Importance and amenability
Definition of Constitution and its Classification
Sources and Framing of the Indian Constitution
Salient features of Indian Constitution
Is Indian Constitution Federal in Nature?

6
Citizenship provisions under Indian constitution
Definition of State - Other authorities - Application of Ejusdem generis- instrumentality of Govt
- Pvt. Corporations - Is Judiciary a State?
Rules of Interpretation under Article 13
Distinctions between pre and post Constitutional laws - Doctrine of eclipse - Doctrine of Sever
ability - Doctrine of waiver.

MODULE –II
Fundamental Rights - Concept - Nature - Necessity and justification - Fundamental Rights under
Indian Constitution.
Right to Equality (Articles14-18): Doctrine of Reasonable Classification and the Principle of
Absence of Arbitrariness, Doctrine of Legitimate Expectations, Principle of Compensatory
Discrimination.
Special Provision for Weaker Sections of the Society, Reservation Policy, Equality of
opportunity in Public employment - Concept of protective discrimination - From Champakam
Dorairajan to Indra Sawhney and thereafter.
Fundamental Freedom (Article 19): Freedom of Speech and Expression, Expansion by Judicial
Interpretation of Article19; Reasonable Restrictions (Article19 clause (2) to (5) , Freedom of
Press .
MODULE –III
Right to Life and Personal Liberty (Articles 20-22
Scope and Content (Expansive Interpretation- Right to Privacy, Gays’ Rights, Live-in
Relationships, etc.)
Right to Education (Article 21A): RTE Act, 2009
Right against Exploitation (Articles23-24)
Forced Labour, Child Employment and Human Trafficking
Freedom of Religion (Article 25-28)
Cultural and Educational Rights of Minorities (Articles 29-30)
Admission to educational institutions - Minorities right to establish educational Institutions -
From in Re Kerala Education Bill to T M A Pai Foundation and trends thereafter.

MODULE –IV
7
Right to Constitutional Remedies (Art, 32)
Features of Writ Jurisdiction under Article 32, Concept of Locus Standi
Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto
Dynamic approach of Supreme Court on Public Interest Litigation – Judicial Activism
Comparison between Article 32 and 226
Nature and Justifiability of the Directive Principles
Detailed Analysis of Directive Principles (Articles 37-51)
Fundamental Duties
Inter-Relationship between Fundamental Rights and Directive Principles

RECOMMENDED TEXT BOOKS:


1) Seervai, H.M.: Constitutional Law of India
2) Hidayatullah, M.: Constitutional Law of India
3) Tope, T.R.: Constitutional Law of India
4) Shukla, V.N.: Constitutional Law of India
5) Jain, M.P.: Constitutional Law
6) ChanderPal : Centre State Relations and Indian Cooperative Federalism
7) ChanderPal : State Autonomy in Indian Federation: Emerging Trends
8) J.N.Pandey : Constitutional Law of India
9) Glanville Austin, Indian Constitution-Cornerstone of the Nations,Oxford University
Press, 1999
10) P.M. Bakshi, The Constitution of India, Universal Law Publishing Co., 2014

CASE LAWS:
1) Electricity Board Rajasthan v. Mohan Lal AIR 1967 SC 185
2) R.D. Shetty v. International Airport Authority AIR 1979 SC 1628
3) M.C. Mehta v. UOI 1987 (1) SCC 395
4) Mysore Paper Mills v. Mysore Paper Mills Officers Association AIR 2002 SC 609
5) Bhikaji Narain v. State of M.P. AIR 1955 SC 781
6) Olga Teelis v. Bombay Mumcp. Corp. 1985 (2) SCR 51
7) State of W.B. v. Anwar Ali Sarkar AIR 1952 SC 75
8) Deepak Sibbal v. Punjab University AIR 1989 SC 903

8
9) Competroller and Auditor General v. K.V. Mehta 2003 (1) SCALE 351
10) E.P. Royapra v. State of T.N. AIR 1974 SC 555
11) Rattan Lal v. State of Haryana 1985 (4) SCC 43
12) Narmada Bachao Andolan v. Union of India 1999 (8) SCC 308
13) S. Rangarajan v. P. Jagjivan Ram 1989 (2) SCC 574
14) Railway Board v. Niranjan Singh 1969 (1) SCC 502
15) Himmat Lal K. Shah v. Commissioner of Police AIR 1973 SC 87
16) A.K. Gopalan v. State of Madras AIR 1950 SC 27
17) Maneka Gandhi v. Union of India AIR 1978 SC 597
18) Hussainara Khatoon v. State of Bihar AIR 1979 SC 1369
19) M.H. Hoskot v. State of Maharashtra
20) Sunil Batra v. Delhi Administration AIR 1978 SC 1675
21) Fatehchand v. State of Maharashtra AIR 1977 SC 1825
22) Air India Statutory Corporation v. United Labour Union 1997 (9) SCC 377
23) M.R. Balaji v. State of Mysore AIR 1963 SC 648
24) Indira Sawnney v. Union of India AIR 199 SC 477
25) Kihoto Hollohan v. ZACHILLU AIR 1993 SC 412
26) State of Madras v. Champak Dorai Rajan AIR 1951 SC 226
27) MRF Ltd. V. Inspector Kerala AIR 1999 SC 188
28) Keshavnan Bharaji v. State of Kerala AIR 1973 SC 1461
29) Minerva Mills v. UOI AIR 1980 SC 1784
30) State of T.N. v. L. Abu Kavvr AIR 1984 SC 326
31) In Re Kerala Education Bill AIR 1958 SC 956
32) Ahemdabas St. Xavier College Society v. State of Gujrat AIR 1974 SC 1389
33) St. Stephens College v. university of Delhi AIR 1992 SC 1630
34) T.M.A. Pai Foundation v. State of Karnataka AIR 1994 SC 13
35) R.B. Rajbhar v. State of W.B. AIR 1975 SC 623
36) A.K. Roy v. Union of India AIR 1982 SC 710
37) S.R. Bommai v. Union of India 1994 (3) SCC 1
38) ARUNA Roy v. Union of India AIR 2002 SC 3176
39) M. Ismail Faruqui v. Union of India AIR 1995 SC 605

9
COURSE CODE COURSE NAME L T P C
4 1 0 4
20LLB102 JURISPRUDENCE (LEGAL METHOD, INDIAN
LEGAL SYSTEM & BASIC THEORY OF LAW)

PREREQUISITE NIL

The subject of Jurisprudence, by and large considered as a difficult subject in the law curricula as
it deals with abstract concepts and theories. The subject becomes all the more difficult for
comprehension and understanding when the language used by jurists is a bit more sophisticated.
Having said that one can’t underestimate the value it hold for a law student in his understanding
of law. Jurisprudence was the first of the social sciences born. Its province has been determined
and re-determined and there is no finality to it. Thus study of jurisprudence concerns thought
about law on the broadest possible basis. Study of jurisprudence consists of finding out the
‘rationale’ or the ‘reasoning’ behind such laws. In the study of jurisprudence we go deeper and
find out why is it that a particular mode or manner of behavior has taken the status of law; what
distinguishes a legal rule from a moral rule or a social rule or a custom; what makes a rule
enduring and lasting; why people obey or disobey laws.

OBJECTIVES:
The students should get familiar with various approaches to law and legal processes. They
should be able to appreciate dynamic character of the law and legal systems particularly in the
context of socio-legal history of the society. Endeavour should be made to develop among
students critical thinking about the law, legal system and legal processes. The students should be
in position to appreciate how diverse approaches to law influence decision-making in judicial
courts.

LEARNING OUTCOMES:
On completion of this course, students will be able to:
1) Describe legal theory from various perspectives or points of view, such as legal
positivism, natural law, sociological jurisprudence.

10
2) Utilize a variety of perspectives on legal theory to analyze issues and problems of
criminal and civil justice in the contemporary society.
3) Critically review and analyze law and its operation in a heterogeneous liberal democracy
with a focus on issues of diversity or equity.
4) Integrate and synthesize knowledge of law and legal process with diverse and even
conflicting perspectives on law to address problems in contemporary society.

MODULE – I
Concept of Law and Legal System:
Definition and Nature of Jurisprudence
Nature and Classification of Law
The Function and Purpose of Law
Major Legal system of the World: Civil Law, Common law and Hindu Law
Concept of Law: Schools of law
Natural law School: Its development and Relevance in modern time
Analytical School- Austin’s theory of law; Kelsen’s pure theory of Law and Hart’s Concept of
Law.
Historical School- Karl von Savigny theory of law;
Sociological School- Roscoe Pound theory of law

MODULE – II
Indian Legal System:
Basic features of Indian Legal System-
Constitutional Law: The Fundamental Law of the Land
Rule of Law
Separation of Power
Administration of Justice
Emergence of ADR Mechanism
Role of Public Interest Litigation (PIL)
Concept of Legal Aid and Lok Adalat
The Gram Nyayalayas Act, 2008

11
MODULE – III
Sources of Law:
Custom- Definition and Origin; kinds of custom; Requisites of a Valid custom; Binding force of
custom; Theories regarding Transformation of custom into law; Present position of customary
law
Precedent- Meaning and Nature; Kinds of Precedents; Authority of Precedent; Doctrine of Stare
Decisis; Doctrine of Prospective Overruling; Ratio Decidendi and Obiter Dictum
Legilation- Meaning and Classification; Advantages of Legislation over other source of law;
Merits and Demerits of Codification; Rules of Interpretation of Statutes

MODULE – IV
Concepts:
Principles of Liability- The Nature and Kinds of Liability; Theory of Strict Liability; Vicarious
Liability
Legal Rights and Duties- Meaning and Definition; Kinds of Legal rights; Characteristics of a
Legal right; Legal right in the wide sense of the term
Ownership and Possession- Meaning and Nature; Classification of Ownership and Possession;
Possessory Remedies
Legal Person- Meaning and Nature; Classification; Theories about personalities; Legal status of
Animals, Dead men and Unborn Person

PRESCRIBED LEGISLATION:
1) The Constitution of India, 1950
2) The Legal Service Authority Act, 1987
3) The Gram Nyayalayas Act, 2008
4) The Advocates Act, 1961

RECOMMENDED TEXT BOOKS:


1) Dr. B.N.Mani Tripathi, Jurisprudence (19th ed., 2019)
2) V.D Mahajan, Jurisprudence and Legal Theory (5th ed.,2020)
3) Dr. Veena Madhav Tonapi, Textbook on Jurisprudence (2010 edition)

12
REFERENCES:
1) R.W.M. Dias, Jurisprudence (5th ed., 1985)
2) H.L.A. Hart, The Concept of Law (1961)
3) W. Freidman, Legal Theory (5th ed., 2011)
4) Glanvile William, Learning the Law (13th ed., 2006)
5) Lon.L. Fuller, Anatomy of the Law (1976)
6) W. Freidman, Law in a Changing Society (2nd ed., 1972)
7) M.P. Jain, Outlines of Indian Legal and Constitutional History (6th ed., 2006)
8) A. Lakshminath, Judicial Process: Precedent in Indian Law (3rd e., 2009)
9) P.J. Fitzzerald, Salmond on Jurisprudence (12th ed., 1996)
10) G.W. Paton, A Textbook of Jurisprudence (4th ed., 1992)
11) M.D.A. Freeman, Lloyd;s Introduction to Jurisprudence (7th ed., 2001)
12) A.K. Kaul, A Textbook of Jurisprudence
13) N.R.M. Memon,” Our Legal System”, Legal Aid Newsletter, November 1982
14) U. Baxi, “From Takrar to Karar”, The Lok Adalat at Rangpur- A Preliminary Study
(1976)
15) J.S.Bisht,”Lok Adalat: A Mechanism of Alternate Dispute Resolution”, XXXI Indian Bar
Review 165 (2004)

CASE LAWS:
1) A.K. Gopalan v. State of Madras, AIR 1950 SC 27
2) Menaka Gandhi v. UOI AIR 1978 SC 597
3) Keshavanand Bharti v. State of Kerala, AIR 1973 SC 1416
4) Raj Kapoor v. State (1980) 1 SCC 43
5) Salig Ram v. Munshi Ram, AIR 1961 SC 1374
6) M/s Abhilas Textiles v. Rajkot Municipal Corporation, AIR 1988 Guj. 57
7) Church of God in India v. K.K.R.Majestic Colony Welfare Association, AIR 2000 SC
2773
8) Hussainara Khatoon v. State of Bihar, AIR1979 SC1369
9) Khatri v. State of Bihar 1981 SCR (2) 408
10) Vishaka v. State of Rajasthan AIR 1997 SC 3011
11) Parmanand Katara v. Union of India AIR 1989 SCR (3) 997
13
12) Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802
13) Salomon v. Salomon & Co., Ltd. (1897) A.C. 22 (H.L.): (1895-95) All ER Rep. 33
14) Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 661
15) Ambika Parsad v. State of U.P, AIR 1980 SC 1762
16) ADM, Jabalpur v. Shukla, AIR 1974 SC 818
17) Rudul Shah v. State of Bihar, AIR 1983 SC 1086
18) Bhim Singh v. State , AIR 1986 SC 494
19) M.C.Mehta v. Kamal Nath, AIR 2000 SC 1997
20) Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180
21) Bridges v. Hawkesworth (1851) 21 LJQB 75
22) Merry v. Green (1841) 7 MW 623

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB103 LAW OF CRIMES-I

PREREQUISITE NIL
The primary objective of criminal law is to maintain law and order in the society and to protect
the life and liberty of people. The subject of Criminal Law-II has been so designed as to generate
critical thinking among students about the stated objectives of criminal law and to enable them to
scrutinize the recent developments and changes that have taken place in the field.

OBJECTIVES: The primary objectives of this course are:

1. To familiarize the students with the key concepts regarding crime and criminal law
2. To expose the students to the range of mental states that constitute mens rea essential for
committing crime.
3. To teach specific offences under the Indian Penal Code
4. To familiarize students with the latest developments and changes in the field of criminal
law.

LEARNING OUTCOMES:

After the successful completion of Course Curriculum, a student should be able to:

Know & explain the main provisions under Indian Penal Code, 1860.
Critically analyse & differentiate the various provisions under Indian
Penal Code, 1860.
Know and understand the reasons & importance of the recent amendments under Indian
Penal Code, 1860.
14
MODULE- I
Constituents of Crime: Actus Reus, Mens rea, Concurrence between Actus Reus and Mens rea.
General Principles of Criminal liability.
Principle of Legality, Corporate liability, Vicarious liability specially referring to Sec. 34, 114,
149 of IPC, Concept of Strict liability
General exceptions: (Sec.76-106)
MODULE- II
Jurisdiction of IPC (Sec-2-5)
Abetment (Sec. 107-120), Criminal Conspiracy (Sec .120-A and 120-B)
Offences against State (Sec. 124-A, 153-A), Unlawful Assembly and Offences Relating to it
(Sec. 141-145, 149-151).
Public Nuisance (Sec. 268)
Defamation (Sec. 499)
Concept of Attempt (Sec.307, 308, 309, 511)

MODULE- III
Culpable Homicide and Murder
(Sections 299-302, 304 read with sections 8-11, 21, 32, 33, 39, 52)Abetment of Suicide (Sec.
306), Attempt to Murder (Sec. 307), Attempt to commit suicide (Sec. 309)
Hurt (Sec. 319-323), Grievous Hurt (Sec. 320, 325-338)
Wrongful Restraint (Sec. 339, 341), Wrongful Confinement (Sec. 340, 342)
Force (Sec. 349), Criminal Force (Sec. 350), Assault (Sec. 351)
Unnatural Offences (Sec. 377)

MODULE- IV
Kidnapping (Sec. 359, 360, 361, 363), Abduction (Sec. 362, 364-367)
Offences against women under Indian Penal Code after Amendments, 2013- Outraging Modesty
of a Woman (Sec. 354- 354 D), Rape (Sec. 375-376D), Dowry Death & Abetment of Suicide

15
Offences of Theft & Extortion- (Sections 378 & 379 read with sections 22-25, 44) and
(Sections 383 & 384 read with sections 29 & 30)
Offences of Criminal Misappropriation, Criminal Breach of Trust
Cheating (Sections 403-406, 415-417 and 420 read with sections 29-30)
Mischief and Criminal Trespass

Prescribed Legislation: The Indian Penal Code, 1860

Prescribed Books:
C.K. Thakker (Rev.), Ratan Lal & Dhiraj Lal’s Indian Penal Code, (30th ed., 2004)

K.D. Gaur, Criminal Law – Cases and Materials, (6th ed., 2009)

R.C. Nigam, Law of Crimes in India (Vol. I) (1965)

V.B. Raju, Commentary on Indian Penal Code, 1860 (Vol. I & II) (4th ed., 1982)

K.N.C. Pillai & Shabistan Aquil (Rev.), Essays on the Indian Penal Code (The Indian Law Institute,
2005)

K.I. Vibhute (Rev.), P.S.A. Pillai’s Criminal Law, (10th ed., 2008)

K.T. Thomas, M.A. Rashid (Rev.), Ratan Lal & Dhiraj Lal’s The Indian Penal Code, (34th ed., 2014)

Syed Shamsul Huda, The Principles of the Law of Crimes in British India (1902)

V.B. Raju, Commentary on Indian Penal Code, 1860 (Vol. I & II) (4th ed., 1982)

K.D Gaur, Cases and Materials, Eastern Book Co., (2009)

Essays on the Indian Penal Code - Prof. K.N. Chandrasekharan Pillai & Shabistan Aquil, Indian
Law Institute (2005)

Case Laws:

Kali Ram v. State of H.P, 1973 SCC (Cri.) 1048 ((Standard of Proof)
State of Maharashtra v. M. H George, AIR 1965 SC 722
State of Madhya Pradesh v. Narayan
Singh, (1989) 3 SCC 596 −
R.v. Miller, (1983) 1 All ER 978 (HC) −

R v. Speck, (1977) 65 Cr App R 161

16
Om Prakash v. State of Punjab, AIR 1961 SC 1782 (Omission) Causation −
Kurien v. State, 1975 KLT 748 (Transferred malice
Kartar Singh v. State of Punjab, 1994 SCC (Cri) 899 (Common object)
Dhanna v. State of M.P,AIR 1961 SC 1787 (Ss 34 & 149 IPC)
Mehbub Samsuddin Malek v. State of Gujarat, 1996 SCC (Cri) 1353 (s. 120 B IPC)
Director Rationing and Distribution v. Corporation of Calcutta, AIR 1960 SC 1355 (Vicarious
criminal liability)
Iridium India Telecom Ltd. v. Motorola Inc. & Ors., AIR 2011 SC 20 (Corporate Criminal
Liability) Vishwanath v. State of U.P, AIR 1960 SC 67 (Private Defense)
Jai Bhagwan v. State of Haryana, 1999 SCC (Cri) 388 (Private Defense)
R v. Dudley and Step/je/w,(1884)14QBD 273 (Necessity)
Dasrath Paswan v. State of Bihar, AIR 1958 Pat 190 (Consent)
State of Orissa v. Bhagaban Barik, (1987) 2 SCC 498 (Mistake)
M'Naghten Case, (1843) 10 CL & F 200 (Insanity)
Dahyabhai Chhaganbhai Thakkar v. State of Gujarat, AIR 1964 SC 1563 (Insanity)
R v. Howe, (1987) 1 AC 417 (Duress)
DPP v. Majewski, (1976) 2 All ER 142 (Intoxication)
Walters v. hunt (1951) 2 All ER 645 (Infancy)
Mrs. Veeda Menezes v. YusufKhan, AIR 1966 SC 1773 (Triviality)
Atmendra v. Sta?e of Karnataka, (1998) 4 SCC 256 (Accident) S
H Jopale v. State of Maharastra 2013 Cri.L.J. 3588
Ajay Aggarwal v. Union of India, 1993 SCC (Cri) 961 (Abetment)
Harbhan Chakrabarty v. Cra'on of India, 1990 SCC (Cri) 280
R v. Govinda, ILR (1876) 1 Bom 342(Distinction between Ss 299 & 300 IPC)
Prahlad Krishant Patil v. State of Maharashtra (2006) 9 SCC 211
KM. Nanavati v. State of Maharashtra, AIR 1962 SC 605 (Exception to S 300 IPC)
Ghapoo Yadav v. State of M.P, (2003) 3 SCC 528 (Exception to S 300 IPC)
Harivadan Babubhai Patel v. State of Gujarat 2013 Cri.L.J. 3944
Mritunjoy Biswas v. Pranab 2013 Cri.L.J. 4212
Shivsharanappa v. State of Karnataka 2013 Cri.L.J. 2658 (Sec 300 IPC; Sec. 3 (IEA 1872)
Cherubin Gregory v. State of Bihar, AIR 1964 SC 205
Shanti v. State of Haryana, AIR 1991 SC 1226
Rambaran Mahton v. The State, AIR 1958 Pat. 452
EX Chandrasenan v. State of Kerala (1995) 2 SCC 99
Ranjit Singh v. State of Punjab 2013 Cri.L.J. 3959

17
COURSE CODE COURSE NAME L T P C
4 1 0 4
20LLB104 LAW OF TORTS,CONSUMER PROTECTION
ACT & MV ACT

PREREQUISITE NIL

OBJECTIVES:
This paper is to make students understand the nature of tort and conditions of liability with
established cases along with the Consumer Protection Act, 1986 and Motor Vehicle Act,1988.

LEARNING OUTCOMES:
On completion of the course, students will be able to:
1) Connect the core concepts of understanding a tort.
2) Analyze and critically understand the concept of tort as differentiated with civil wrong.
3) Appraise on the difference between tort and crime.
4) To appraise the law relating to Motor Vehicles Act, 1988.
5) Critically understand the laws relating to concept of defamation, assault, trespass to land
and goods as tort as differentiated with crime.

MODULE-I
Definition of Tort: Sir John Salmond’s Definition, Prof. P.H. Winfield’s Definition, Fraser’s
Definition;
Development of Law of Torts: as evolved in M.C Mehta v. Union of India
Distinction between Law of Tort, contract, Quasi-contract and crime
Constituents of Tort: Injuria sine damnum, Damnum sine injuria
Justification in Tort, Volenti non-fit Injuria, Necessity, Plaintiff’s default, Act of God,
Inevitable accidents, Private defence.

MODULE-II

18
Negligence ((Lat. negligentia):failure to exercise appropriate and or ethical ruled care
expected to be exercised amongst specified circumstances: Elements of Negligence, Duty of
Care
Nervous Shock: Primary and Secondary Victims
Nuisance:Definition and Essential Elements,Kinds of Nuisance: Public & Private
False Imprisonment and Malicious Prosecution
Parental and Quasi-Parental authority.

MODULE-III
Vicarious Liability: Reasons for vicarious liability; Constituents of Vicarious Liability
Doctrine of Sovereign Immunity: Meaning and Origin; Types of Sovereign Immunity
Strict Liability and Absolute Liability
Trespass to land and trespass to goods
Defamation: criminal & civil defamation; essentials & exceptions to it.

MODULE-IV
The Consumer Protection Act, 1986 & the Motor Vehicles Act, 1988
Definitions of Consumer, Goods and Services :Rights and Duties of Consumer; Authorities
for Consumer Protection; Remedies; The Consumer Protection Act, 2019 new principles;
Major differences between the Act of 1986 & the Act of 2019.

The Motor Vehicles Act Definitions; Compensation under the Act; Third party insurance; The
Motor Vehicles Act, 2019 new principles; Major differences between the Act of 1988 & the
Act of 2019.

SUGGESTED TEXT BOOKS & REFERENCES:


1) W.V.H. Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, 2010 (18th Edn)
2) Ratanlal & Dhirajlal, The Law of Torts, Lexis Nexis, 2013 (26th Edn)
3) Tort Law By B. S. Markesinis; S. F. DeakinClarendon Press, 1999 (4th edition)
4) Philosophy and the Law of Torts By Gerald J. PostemaCambridge University Press, 2002
5) B.M. Gandhi, Law of Torts with Law of Statutory Compensation and Consumer
Protection, Eastern Book Company, 2011 (4th Edn)

19
6) R.K. Bangia, Law of Torts including Compensation under the Motor Vehicles Act and
Consumer Protection Laws, Allahabad Law Agency, 2013
7) Ramaswamy Iyer‟s , The Law of Torts, Lexis Nexis, 2007 (10th Edn)
8) Philosophical Foundations of Tort Law By David G. OwenClarendon Press, 1995
9) https://www.legalbites.in/library-law-of-torts/
10) https://injury.findlaw.com/torts-and-personal-injuries/assault-battery-intentional-
torts.html
11) https://www.livelaw.in/tags/motor%20vehicles%20act
12) https://www.lexology.com/library/detail.aspx?g=ccde05f3-6636-4f01-a229-
b4e505a30010#:~:text=In%20National%20Insurance%20Co%20Ltd,suppliers%20of%20
13) https://www.mondaq.com/india/Consumer-Protection/838108/Consumer-Protection-Act-
2019-Key-Highlights
14) http://www.legalserviceindia.com/legal/article-357-law-of-torts-an-overview.html
15) https://legaldictionary.net/tort-law/

CASE LAWS:
1) Ashby V White (1703) 2 Lord Raym 936
2) KasturiLal V State of UP, AIR 1965, SC 1039
3) R.K. Karanjia V KMC Thakersay AIR 1970 Bar 424
4) IMA V V.P. Shantha AIR 1996, SC 550
5) Spring Meadows Hospital V HarjotAhluwalia 1998(2) SCALE 456(SC)
6) Rylands v. Fletcher [1868] UKHL 1
7) Donoghue v. Stevenson[1932] UKHL 100
8) Kasturilal Ralia Ram v. The State of Uttar Pradesh. AIR 1965 SC 1039.
9) Bhim Singh v. State of J&K. AIR 1986 SC 494
10) Liebeck v. McDonald’s RestaurantsAugust 18, 1994
11) Monroe v Hopkins[2017] WLR 3587
12) Thompson-Schwab and Another v Costaki and Another1956] 1 WLR 335
13) Fagan v Commissioner of Metropolitan PoliceQB 439, 3 All ER 442, 3 WLR 1120
14) Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) LtdCA 10 Oct 2005
15) Youssoupoff v. MGM Pictures Ltd 1934) 50 TLR 581
16) D.P. Choudhary v. Kumari Manjulata AIR 1997 Raj 170

20
17) Ramdhara v. Phulwatibai 1970 CriLJ 286
18) South Indian Railway Co. v. Ramakrishna(1890)ILR 13 MAD 34
19) Alexander v. N.E. Rly(1865) 6 B&S 340
20) Ramdhara v. Phulwatibai 1970 CriLJ 286

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB105 PROPERTY LAW

PREREQUISITE NIL

OBJECTIVES:
This course will provide an introduction to the law of property, with a primary focus on modes of
transfer and their ramifications. In the course of studying these legal doctrines and principles,
students will develop a practical understanding of the career opportunities for lawyers that
involve significant property law dimensions.

LEARNING OUTCOMES:
At the conclusion of this course, students who complete the assignments, attend class, and
complete all other requirements for the course can be expected to acquire the following
knowledge and skills related to property law.
1) Understand the objective of the Act and various terms used therein.
2) Gain knowledge about legal doctrines and principles relating to transfer of property.
3) Analyze the concept of transfer by way of Sale, Gift, Mortgage, Charge, Lease, License
and Easement.
MODULE-I
Movable / Immovable Property (Sec. 3)-Concept of property; Definition of and distinction
between movable and immovable property; Meaning of “things attached to earth” and Concept
of “Doctrine of fixtures”
Attestation, Registration, Actionable Claim
Notice (Sec. 3)-Relevance of doctrine of Notice; Actual and Constructive Notice; and Notice to
agent as Constructive Notice

21
Meaning of Transfer of Property (Sec. 5)- Meaning of ‘Transfer of Property’ under the Act;
Transfer intervolves; Living person distinguished from juristic person; Status of partition of joint
family property, What may be transferred?

MODULE II
Conditional Transfer (Section 10 and 11), Restrictions on enjoyment and alienation of property,
Rule against perpetuity, Vested and contingent interests, Doctrine of Lispendens, Doctrine of
part performance, Doctrine of holding out.

MODULE-III
Sale-Meaning and essentials, Rights and liabilities of buyer and seller, Marshalling by
subsequent purchaser
Gift- Definition of gift; Mode of execution of gift; Suspension and Revocation of gifts

Mortgage and charge- Definition of Mortgage; Kinds of mortgages; Mode of execution of


mortgages; Redemption and Foreclosure of mortgages; Distinction between mortgage and charge

MODULE-IV
Lease: Definition and kinds of leases, Distinction between lease and, License, Modes of Creation
and Determination of Lease
Object and main provisions of the Easement Act,Definition and Essential features of Easement;
Kind of easement; Easement of Necessity and quasi-easement, Easement by prescription,
Extinction, Suspension and Revival of Easement.

PRESCRIBED LEGISLATION:
1) The Transfer of Property Act, 1882
2) The Indian Easement Act, 1882

REFERENCES:
1) Mulla, Transfer of Property Act, Universal Delhi
2) Subba Rao, Transfer of Property Act, SubbiahChetty, Madras

22
3) V.P.Sarathy, Transfer of Property, Eastern Book Co.
4) T.P.Tripathi, Transfer of Property Act
5) S.N.Shukla, Transfer of Property Act
6) Ameen and Shastri, The Law of Easement
7) Dr.Poonam Pradhan Saxena, Property law, LexixNexis
8) Shubham Sinha, The Property Law of india
9) R.K Sinha, Transfer of Property Act
10) Dr. Avtar Singh, The Transfer of Property Act
11) Sumeet Malik, Property Law Manual
12) AP Singh & Ashish Kumar Srivastava Property Laws
13) Akhileshwar PathakLaw of Sale, Lease and Mortgage
14) Dr. B.R.N Sharma, Law relating to Leases
15) B.L Babel, Transfer Property Act

CASE LAWS:
1) S.P.K.N. Subramanian Firm V. M. Chidambaram AIR 1940 Mad 825
2) Perumal V. Ramaswami AIR 1969 Mad 346
3) Md. Mustafa v. Haji Md. Isa, AIR 1987 Pat 558
4) Md. Ibrahim V. Northern C.F. Trading Co. AIR 1945 Mad 304
5) Kumar Harish Chandra Singh Deo V. Bansidharmohanty AIR 1965 SC 1738
6) Mani Mani v. Mani Joshua AIR f 969 SC 1311
7) Shantabai v. State of Bombay AIR 1958 SC 532
8) Ram Baran Prasad V. Ram MohitHazra (1967) 1 SCR 293
9) Rajesh Kanta Roy V. Smt. Shanti Debi AIR 1957 SC 225
10) Dalip Kaur V. Jeewan Ram AIR 1996 P&H 158
11) Ram Chander V. MaharajKunwar AIR 1939 All 611
12) LalV.Mira Abdul Gaffur, AIR 1996 SC 910
13) Ahmedabad Municipality V. Haji Abdul AIR 1971 SC 1201
14) Rajamma V. Biswajith 2002 (1) CLJ 19
15) Jagdeo Sharma V. NandanMahto AIR 1982 Pat 32
16) Dhar v. Shankar Lal, AIR 1958 SC 770 161

23
17) TilaBewa v. ManaBewa, AIR 1962 Ori. 130
18) Tulk V. Moxhay (1848) 2 PHILL 774
19) Associated Hotel of India V. R. N. Kapoor AIR 1956 SC 1262
20) Clubwals V. FidaHussainSaheb AIR 1965 SC 610
21) Hill V. Tupper 1856
22) Morgan Vs. Kirby 2013WL 2355446
23) Gajapathi Vs. Raja of Vijayanagaran
24) Mahadev v. State of Bombay AIR 1959 SC 745

SEMESTER-II

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB201 CONSTITUTIONAL LAW-II

PREREQUISITE NIL

Our Constitution is not just a mere set of fundamental laws that form the basis of governance of our
country but it embodies and reflects certain basic values, philosophy and objectives that were held very
dear to our founding fathers. These values do find expression in various articles and provisions of our
Constitution and mostly, the Preamble to our Constitution embodies the fundamental values and the
philosophy on which the Constitution is based.

OBJECTIVES:

The Objective of this paper is to provide understanding of various organs created by the
Constitution and their functions. Also, it is of relevance to discuss the correlation between the
three important organs described under the Constitution.

LEARNING OUTCOME: After the completion of course the student should be able
- To understand the basic concepts, theories and functioning of State.
- To understand the different functionaries under Indian Constitution.
- To understand the Centre- State relations
-To understand the Amendment procedure of Constitution

24
- To Understand the Emergency Powers under Indian Constitution

MODULE-I

An Introduction to Parliament and State Legislature,


An introduction to Union and State Executive- The President and Vice President- Election,
Tenure, Oath, Removal and Vacancy, Office of Profit, Council of Ministers and Collective
Responsibility , Anti-Defection Law • Protection and Immunities of President and Governors ,
Powers, Functions and Constitutional Position, The Governor- Appointment, Tenure, Oath and
Removal, Parliamentary Privileges, Power to pardon and ordinance making power of President
and Governor.
MODULE-II
Judiciary - Jurisdiction of Supreme Court and High Court- The Union Judiciary, Establishment
and Constitution of Supreme Court, Appointment and Removal of Judges, Jurisdiction of
Supreme Court- Court of Record, Original, Appellate and Advisory, Doctrine of stare decisis
(Art. 141) - Power to complete Justice (Art. 142)
The State Judiciary- High Courts in States -Appointment, Removal, Jurisdiction (Original,
Appellate, Writ and Supervisory Jurisdiction)
Concept & Importance of Independence of Judiciary.
MODULE-III
Relations between Union and the States-Centre - State Relations: Legislative Territorial
distribution of legislative powers, Doctrine of territorial nexus, Subject matter distribution of
legislative power and Principles of Interpretation of the list - Doctrine of Pith and Substance -
Harmonious construction - Colourable legislation - Incidental and ancillary power Repugnancy
between centre and state laws - Residuary Power
Centre - State Relations: Administrative- Distribution of Executive powers, Centre- State
administrative co-ordination, Inter- Governmental delegation of administrative power, State not
to impede the centre, Centre’s directive to the State
.
MODULE-IV

25
Centre - State Relations: Financial, Distribution of Fiscal Powers, Restriction on Fiscal Powers,
Finance Commission, The Constitution (101st) Amendment Act, 2016
Amendment of the Constitution- Need for Amendment, Types of Amendment, Judicial Review
of Constituent Power -Doctrine of Basic Structure
Emergency Provisions - National Emergency - State Emergency - Financial Emergency
Protection to civil servants.
Freedom of Trade, Commerce and Intercourse within the territory of India,
Right of Property

RECOMMENDED TEXT BOOKS:


1) Seervai, H.M.: Constitutional Law of India
2) Hidaytullah : Constitutional Law of India
3) Jain, M.P. : Indian Constitutional Law
4) Shukla, V.N. : Constitutional Law of Indian
5) Shukla, V.N. Constitution of India, 11th ed., pp. A 28-A 35 EBC, Lucknow.
6) Jain M. P., Indian Constitutional Law, 5th edition, page no. 568 to 652, Wadhwa,
Nagpur.
7) Tope, T.K. Constitutional Law of India,3rd edition Eastern Book Company, Lucknow.
8) Basu, Durga Das, Introduction to Constitution of India, Nagpur: Wadhwa
publication,2010.
9) Granville Austin, The Indian Constitution: Cornerstone of a Nation, OUP.
10) Seervai, H.M., Constitutional law of India, New Delhi: Universal law Publishing House,
2007.
Case Laws:

1. Kesavananda Bharati v State of Kerala AIR 1973 SC 1461


2. State of Haryana v State of Punjab AIR 2002 SC 685
3. Kuldip Nayar v Union of India AIR 2006 SC 3127
4. U.N.Rao v Indira Gandhi AIR 1971 SC 1002
5. Shamsher Singh v State of Punjab AIR 1974 SC 2192
6. Ramsehwar Prasad v Union of India AIR 2006 SC 980
7. Epuru Sudhakar v Govt. of Andhra Pradesh AIR 2006 SC 3385
8. Jaya Bachchan v Union of India AIR 2006 SC 2119
26
9. State of Bombay v R.M.D.C AIR 1957 SC 699
10. Tata Iron and Steel co. v State of Bihar AIR 1958 SC 452
11. State of Bihar v SMT. Charusila Das AIR 1959 SC 1010
12. Javed v State of Haryana (2003) 6 SC 283
13. Prof. Yashpal v State of Chhattisgarh AIR 2006 SC2026
14. State of Rajasthan v G. Chawla AIR 1959 SC 544
15. Deep Chand v State of U.P. AIR 1959 SC 648
16. M.Karunanidhi v Union of India AIR 1979 SC 898
17. Union of India v H.S.Dhillon AIR 1973 SC 1061
18. Rupa Ashok Hurra v Ashok Hurra AIR 2002 SC 1771
19. Tirupati Balaji Developers(p) Ltd. v State of Bihar AIR 2004 SC 2351
20. L.Chandra Kumar v Union of India AIR 1997 SC 1125
21. Shankari Prasad Singh v Union of India AIR 1951 SC 458
22. Sajjan singh v Rajasthan AIR 1965 SC 845
23. L.C.Golak Nath v State of Punjab AIR 1967 SC 1643
24. Indira Nehru Gandhi v Raj Narain AIR 1975 SC 2299
25. Minerva Mills Ltd. v Union of India AIR 1980 SC 1789
26. Raghunath Rao v Union of India AIR 1993 SC 1267
27. A.K.Roy v Union of India AIR 1982 SC 710
28. Minerva Mills Ltd. v Union of India AIR 1980 SC 1789
29. A.D.M. Jabalpur v S.Shukla AIR 1976 SC 1207
30. S.R.Bommai v Union of India (1994) 3 SCC 1

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB202 FAMILY LAW-I
(HINDU LAW)

PREREQUISITE NIL

To develop analytical capability in students by studying various legislations dealing with the personal
Hindu law.

OBJECTIVES:

27
The knowledge of family laws is important for lawyers. This course is designed to endow the
students with knowledge of both the codified and unmodified portions of Hindu law. The course
concerns itself with the sources, schools, institutions, succession, maintenance, adoption etc.

LEARNING OUTCOMES:
On completion of the course, students will be able to:
1) Connect the core concepts of traditional law with the modern codified Hindu law.
2) Analyze and critically understand the concept of marriage and relate it to the changing
nature of marriage as is witnessed today such as live-in relationships.
3) Appraise on the nature of property transaction that exist in Hindu family relations and the
importance of ancestral property and karta in hindu family.
4) Analyze adoption laws from sociological perspective thereby understanding its
importance.
5) To appraise the law relating to guardianship and the importance of guardian in matter
relating to wards.
6) Critically understand the property relations in a family and the legal incidence of joint
family and testamentary succession and intestate succession under the Act.

MODULE-I
Application of Hindu Law, Sources of Hindu, Schools of Hindu Law, Hindu Joint Family,
Features of Mitakshra and Dayabhaga Joint Families, Coparcenary, Classification of Property,
Karta of Joint Family, Position, Liabilities and Powers of Karta. Karta’s powers of Alienation,
Coparcener’s Power of Alienation, Coparcener’s Right to Challenge Improper Alienation,
Alienee’s Rights and Remedies
Leading Case: Harihar Prasad V Balmika Prasad AIR 1975 SC 733
K.S. Subhiah Pillai V Commissioner of IT AIR 1999 SC 1220

MODULE-II
The nature and concept of Hindu Marriage, Evolution of the Institution of Marriage, The Hindu
Marriage Act, 1955, Essential Conditions for Valid Hindu Marriage, Ceremonies of Marriage,
Registration of Hindu Marriages, Remedy of Restitution of Conjugal Rights, Void and Voidable
Marriages, Judicial Separation and Divorce, Various Types of Grounds for Divorce and Judicial

28
Separation, Fair Trial Rule, Legitimacy of Children, Jurisdiction, Bars to Matrimonial Remedies,
Ancillary Reliefs, Permanent Alimony and Maintenance, Custody etc.
Leading Case: Kailishwati V AyudhiaParkash AIR 1977 PLR 216
Naveen Kohli V NeeluKohli, (2006) 4 SCC 558

MODULE-III
The Hindu Succession Act, 1956, Effects of the Hindu (Succession) Amendment, 2005, Rules of
Succession to the Property of Hindu Male, Succession to the Property of Hindu Female,
Succession to the Mitakshara Coparcener’s Interest, General Rules of Succession, Partition,
Subject Matter of Partition, Persons who have a Right to Partition & Right to Share, Persons who
are entitled to Share, if, Partition takes place, Modes of Partition, How Partition is effected,
Partial Partition, Reopening of Partition, Re-Union.
Leading Case: Raghuvamma V Chenchamma AIR 1964 SC 136
Commissioner of Income Tax V Chandersen, AIR 1986 SC 1753

MODULE-IV
The Hindu Minority and Guardianship Act, 1956, Concept of Minority and Guardianship,
Natural Guardians and their Powers, Testamentary Guardian: Appointment and Powers, Certified
Guardian, Defacto Guardian, Guardian By Affinity, The Hindu Adoption & Maintenance Act,
1956, Nature of Adoption, Essential Conditions for Valid Adoption, Effects of Adoption,
Registration of Adoption, Maintenance As Personal Obligation, Maintenance of Dependents,
Quantum of Maintenance, Maintenance As a Charge on Property
Leading Cases: G. AppaswamiChettiar V R.Sarangapani AIR 1978 SC 1051
GithaHariharan V Reserve Bank of India(1999)2 SCC 228

RECOMMENDED TEXT BOOKS:


1) Mulla - Principles of Hindu Law
2) Dr. Paras Diwan - Modern Hindu Law
3) Mayne‟s - Hindu Law and Usage

REFERENCES:
1) Dr. U.P.D.Kesari - Modern Hindu Law

29
2) Sukhdev Singh- Hindu Law of Marriage and Divorce
3) M.N. Shrinivasan- The Hindu Adoption and Maintenance Act, 1956
4) https://grrajeshkumar.com/class-notes-on-family-lawhindu-law-i-1st-sem-3-year-ll-b/
5) https://www.delhilawacademy.com/sample-hindu-marriage-act-case-law/
6) https://kuklawnotes.blogspot.com/p/hindu-law_11.html
7) https://www.writinglaw.com/hindu-laws-pdf-download/
8) https://www.srdlawnotes.com/2017/12/sources-of-hindu-law-family-law.html
9) https://www.legalbites.in/law-notes-hindu-law-gifts-under-the-hindu-law/
10) https://www.netlawman.co.in/ia/hindu-marriage-act-1955
11) https://www.delhilawacademy.com/sample-hindu-marriage-act/
12) https://examupdates.in/llb-books/
13) https://www.legalbites.in/hindu-law/
14) https://www.studocu.com/in/document/osmania-university/general-principles-of-law-of-
torts/lecture-notes/llb-notes-family-law-1-hindu-law/2971419/view
15) https://www.makaan.com/iq/legal-taxes-laws/what-are-property-rights-of-daughters-in-
hufs

CASE LAWS:
1) AddagadaRaghavamma And AnrvsAddagadaChenchamma And Anr on 9April1963
2) G. AppaswamiChettiar And Anr vs R. SarangapaniChettiar& Ors on 22 March,
1978
3) BabuiPanmatoKuervs Ram Agya Singh on 18 February, 1967
4) Smt. Asha Qureshi vsAfaq Qureshi on 17 May, 2002
5) Bhaurao Shankar Lokhande& Anrvs State Of Maharashtra & Anr on 1
February,
1965
6) Brijendra Singh vs State Of M.P. & Anr on 11 January, 2008
7) Commissioner Of Wealth Tax. ... vsChanderSenEtc on 16 July, 1986
8) Miss Gita Hariharan& Anrvs Reserve Bank Of India & Anr on 17 February,
1999
9) GurupadKhandappaMagdumvsHirabaiKhandappaMagdum And Ors on 27
April, 1978
30
10) Harihar Prasad Singh And OrsvsBalmiki Prasad Singh And Ors on 10 December, 1974
11) Khazan Singh vs Union Of India on 31 October, 1990
12) Makhan Singh (D) By LrsvsKulwant Singh on 30 March, 2007
13) Narayan Ganesh DastanevsSucheta Narayan Dastane on 19 March, 1975
14) Naveen KohlivsNeeluKohli 21 March, 2006
15) The Commissioner Of Income-Tax vsGomedalliLakshminarayan on 28 March, 1935
16) SarlaMudgalvs Union Of India, 1995
17) Vellikannuvs R. Singaperumal& Anr on 6 May, 2005
18) NUTAN GAUTAM VERSUS PRAKASH GAUTAM Appeal (Civil), 3409-3410 of 2019
19) Smt.Nanda Versus JagdishCriminal Rev. Pet., 71 of 2005
20) RATHNAMMA & ORS. VERSUS SUJATHAMMA &ORS.Appeal (Civil), 3050 of
2010

COURSE CODE COURSE NAME L T P C


4 1 0 4
19LLB203 LAW OF CRIMES-II

PREREQUISITE NIL

The Code of Criminal Procedure provides the machinery for the detection of crime, apprehension
of suspected criminals, collection of evidence, determination of the guilt or innocence of the
suspected person, and the imposition of suitable punishment on the guilty. It is further aimed at
trying to provide a balance between the needs of the investigating and adjudicatory bodies to
detect crime, maintain law and order and the rights of the accused. With the increasing
complaints regarding abuse of powers of arrest by the police, custodial torture and death, denial
of bail, etc., the course particularly focuses on investigation, arrest, bail and principles of fair
trial. The provision relating to plea bargaining has been included to critically examine its
operation under the criminal law which may be oppressive unless all the stakeholders are equally
positioned.

OBJECTIVES:
The primary objectives of this course are to:-

31
1) To familiarize the students with the crucial aspects relating to investigation and trial of
offences (like initiation of criminal cases, powers and duties of police during
investigation of offences, stages of criminal trial, functions, duties, and powers of
criminal courts)
2) To sensitize the students about critical issues in administration of criminal justice (like
protection of human rights of accused, victims, principles of fair trial)

LEARNING OUTCOMES:
At the end of the course, the students will be able to:
1) Identify the stages in investigation and procedure of trial in criminal cases
2) Explain the powers, functions, and duties of police and criminal courts
3) Critically analyze the recent amendments in the Cr PC
4) Employ and promote adoption of humane and just practices in administration of criminal
justice

MODULE –I
Object and Importance of Criminal Procedure Code, Functionaries under Criminal Procedure
Code;
Basic Concepts: Bailable Offence, Non-Bailable Offence, Cognizable Offence, Non-cognizable
Offence, Complaint, Charge, Police Report, Investigation, Inquiry and Trial, Summons Case,
Warrant Case, Hierarchy, powers and duties of Criminal Courts,
Information to the Police and their powers to investigate,
Arrest and Rights of an Arrested Person.

MODULE-II
Provision for Bail under the Code;
Process to Compel Appearance of Person;
Condition Requisites for Initiation of Proceeding;
Complaint to Magistrate, Commencement of Proceeding before Magistrate;
Framing of Charges and Joinder of Charges.

MODULE-III

32
Maintenance of wives, children’s and parents,
Jurisdiction of the Criminal Courts in Inquiries and Trials,
Types of trials: Sessions Trial- Warrant Trial, Summons Trial, Summary Trial
General Provisions as to Inquiries and Trial.
MODULE-IV
Concept of Plea Bargaining
Judgment and Sentences under the Code, Submission of Death Sentences for Confirmation,
Appeals , Revision, Reference, Inherent Power of High Court,
Transfer of Criminal Cases
Compounding of offences

PRESCRIBED STATUTES:
1) The Code of Criminal Procedure, 1973

RECOMMENDED TEXT BOOKS:


1) Ratanlal&Dhirajlal, Criminal Procedure, Lexis NexisButterworthsWadhwa, Nagpur,
2012
2) S.C. Sarkar, The Law of Criminal Procedure, Wadhawa& Co. , Nagpur, 2007

REFERENCES:
1) K.N. Chandrasekharan Pillai, R.V. Kelkar’s Lectures on Criminal Procedure, Eastern
Book Company, 2013
2) K.N. Chandrasekharan Pillai, Criminal Procedure, Eastern Book Company, 2004
3) Aiyer, Mitter, Law of Bails- Practice and Procedure, Law Publishers(India) Pvt. Ltd.,
2012
4) P.V. Ramakrishna, Law of Bail, Bonds, Arrest and Custody, Lexis Nexis, 2008
5) P.K. Majumdar, Law of Bails, Bonds and Arrest, Orient Publication, 2012
6) Justice P.S. Narayana, Code of Criminal Procedure, ALT Publications, 2012
7) S.N. Mishra – Code of Criminal Procedure
8) The Code of Criminal Procedure By Ratanlal&Dhirajlal
9) The Code of Criminal Procedure) by B.M. Prasad & Manish Mohan

33
10) Criminal Procedure Code - By M P Tandon
11) Criminal Procedure Code - By S K Mishra
12) Lecturers On Code Of Criminal Procedure – By B.N. ManiTripathi
13) The Code of Criminal Procedure by S.R.Myneni
14) Principles of Criminal law (Cases And Materials) –M K Sahu
15) Criminal Procedure Code - By S K Misra
16) Criminal Procedure Code (CrPC) by N V Paranjape

CASE LAWS:
1) LalitaKumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 154
2) D.K.Basu v. State of West Bengal, (1997) 6 SCC 642
3) State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
4) Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
5) State v. Captain Jagjit Singh, (1962) 3 SCR 622
6) Moti Ram v. State of M.P., (1978) 4 SCC 47
7) Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
8) Sanjay Chandra v. Central Bureau of Investigation, (2012)1 SCC 40
9) Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
10) Mohan Singh v. State of Bihar, (2011)9 SCC 272
11) Ajay Kumar Parmar v. State of Rajasthan, (2012)9 SCALE 542
12) Gian Singh v. State of Punjab, (2012) 10 SCC 303
13) State of M.P. v. Deepak, (2014) 10 SCC 285
14) ZahiraHabibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158
15) Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408
16) Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
17) ArvindKejriwal v. The State of U.P. & others, 2016 CRI.L.J. 128 ; 2015 (6) ALJ 542)
18) ShamimBano v. Asraf Khan, (2014) 12 SCC 636.
19) DenielLatif v. Union of India, (2001) 7 SCC 740.
20) KhatoonNisa v. State of U.P., (2014) 12 SCC 646.
21) HarijanJivrajbhaiBadhabhai v. State of Gujarat AIR 2016 SC2376
22) Vikrant Sharma and others v. State of U.P. and others, 2016 (6) ALJ 729
23) State Of Rajasthan v. DaudKha (2016) 1 SCC (Cri) 793; (2016) 2 SCC 607
34
24) Kunwarpal @ Surajpal& Ors. v. State of Uttarakhand And anr., 2015(2) Supreme 93.
25) KashiNathRai v. State of U.P., 2015 (89) ACC 467 (Alld.)

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB204 LAW OF CONTRACT-I

PREREQUISITE NIL

OBJECTIVES:
The objective of this paper is to aprise the students regarding contractual law, essentials of
contract in legal sense. Also, practical importance of contract in day to day life. This course is
designed to introduce the students to some of the specific contracts that are pervasive and play a
significant role in the day to day commercial transactions besides the law that governs them.

LEARNING OUTCOMES:
At the end of this course, students will be able to do the following:

1) Identify the principles and doctrines that guide such contracts.


2) Exhibit an understanding of the legal concepts involved in such contracts.
3) Determine what rights and duties parties acquire under such contracts.
4) Know the circumstances under which performance of such contracts is required or
excused.
5) Identify the situations that constitute breach of contract in such specific contracts and the
remedies available for breach.
6) Interpret and construct the complex terms and conditions in a contract.

MODULE-I
Definition of Contract, Agreement, Offer, Acceptance and Consideration (Section-2), Void
Contract, Voidable Agreement, Communication and Revocation of Offer and Acceptance
(Section 3-9), Difference between Offer and Invitation to offer, Essentials of Contract (Section
10), Competency to Contract (Section 11-12) , Minor’s Position, Remedies, E-Contract, Auction,
Promissory Estoppel, Doctrine of Consideration & Privity, Privity Contract.

35
MODULE-II
Free Consent, Consent by Coercion, Undue Influence, Fraud, misrepresentation and mistake
(Section 14-22), Minor’s Contract, Nature & Effect of Minor’s Contract, Capacity to Enter Into a
Contract, Legality of object and consideration (section 23-24), Void Agreements (Section 25-
30), Contingent Contracts (Section 31-36), Discharge of Contracts, Doctrine of Frustration.

MODULE-III
Standard Form of Contract, Contract which must be performed (Section 37-39), By whom
contract must be performed (Section 40-45), Time and Place for performance of Contract
(Section 46-50), Performance of Reciprocal Promises (Section 51-55), Discharge of Contract
(Section 56-57), Certain Relations resembling to those created by Contract (Section 68-72),
Breach of Contract (Section 73-75), Doctrine of Privity.

MODULE-IV
Specific Relief Act, 1963: Immovable Property (Section 5-6), Movable Property (Section 7 and
8), Contracts which can be specifically enforced(Section 9), Contracts which cannot be
specifically enforced (Section 10-14 A), Persons for/against whom contracts may be specifically
enforced (Section 15-19), Substituted performance of contracts (Section 20), Power to award
compensation or other relief, Liquidation of damages no bar to the relief of specific performance,
bar of suit for compensation for breach after dismissal of suit for specific performance (Sections
21-24), Rectification of instruments (Section 26), Rescission of Contracts(Section 27-30),
Cancellations of Contracts ( Section 31-33), Declaratory Decrees(Section 34-35), Injunctions
(Section 36-42).

RECOMMENDED TEXT BOOKS:


1) Dr. Avtar Singh : Law of Contract
2) Dr. R.K. Bangia : Indian Contract Act (Allahabad Law Agency)
3) Dr. S.K. Kapoor : Contract-I, Central Law Agency
4) Pollock and Mulla : Indian Contract and Specific Relief Act
5) D.F. Mulla : The Indian Contract Act
6) S.T. Desai : The Indian Contract Act

36
7) Dr. A.C.Moitra : Principles and Digest of Indian Contract Act (1998)
8) Anson‟s : Law of Contract
9) Nilima Bhadbhade, Pollock and Mulla on the Indian Contract and the Specific Relief
Act, Lexis Nexis India, Gurgaon (1999).
10) H. K. Saharay: Dutt on Contract-The Indian Contract Act, 1872, Eastern Law House,
Kolkata.
11) J. Beatson, Andrew Burrows & John Cartwright: Anson's Law of Contract, Oxford
University Press, London.
12) Michael P. Furmston: Cheshire, Fifoot & Furmston’s Law of Contract, Oxford University
Press, London.
13) G. H. Treitel: The Law of Contract, Sweet & Maxwell, London.
14) H. G. Beale and Joseph Chitty: Chitty on Contracts: General Principles, Sweet &
Maxwell, London.
15) Stephen A. Smith, Atiyah’s Introduction to the Law of Contract, Claredon Law Series.
16) Venkoba Rao (revised by S. C. Srivastava): Law of Agency, LexisNexis India.

CASE LAWS:
1) Carlil Vs. Carbolic Smoke Ball Co. [1892] EWCA Civ 1, [1893] 1 QB 256
2) Felthouse Vs. Bindley. (1862) 11 Cb (NS) 869; [1862] EWHC CP J35; 142 ER 1037
3) Bhagwandas Goverdhan Das Kedia Vs. Girdhari Lal & Co. 1966 AIR 543, 1966 SCR
(1) 656
4) Gutthing Vs. Lynn. (1831) 2 B7 Ad 232
5) Balfour Vs. Balfour. [1919] 2 KB 571
6) Harvey Vs. Facey. [1893] AC 552 Privy Council
7) Brogden Vs. Metropolitan Railway Co. (1877) 2 AppCas 666, HL(E)
8) Leslie Vs. Sheill. (1914) 3 K.B.607
9) Khan Gul Vs. Lakha Singh AIR 1928 Lah 609
10) Lalman Shukla V. Gauri Dutt (1913) 11 ALL L.J. 489
11) Syed Dastagir Vs J.R. Gopalakrishna Setty, AIR 1999 SC 3029
12) Caltex (India) Ltd. V Bhagwani Devi, AIR 1969 SC 405
13) Mohori Bibee Vs. Dharmodar Ghose (1903) 30 I.A. 114 (PC)

37
COURSE CODE COURSE NAME L T P C
4 1 0 4
20LLB205 PUBLIC INTERNATIONAL LAW

PREREQUISITE NIL

.
OBJECTIVES:
The basic principles that govern the regime of international law are dealt extensively in this
course with the help of statutory texts and significant case laws. The course would help the
students to understand the working of international law. Understanding of these basic principles
is a prerequisite for those students who seeks to explore their career or academic interest in
specific fields of international law.

LEARNING OUTCOMES:
Having successfully completed the syllabus, the student will be able to demonstrate knowledge
and understanding of:

1) The relevance of public international law’s socio-political context and history to its
nature and function through a range of theoretical approaches to and understandings of
these;
2) The various prominent concepts in international law such as statehood, sovereignty,
jurisdiction, nationality etc along with the allied topics.
3) The methods and processes by which public international law is made by identifying,
interpreting and applying international legal rules and principles;
4) The pacific settlement of international disputes and the jurisdiction of the International
Court of Justice.
5) The relationship between international humanitarian law and the domestic law and thus
enable them to critically analyze enforcement mechanism of human rights in India.
6) Construct arguments through the analysis of relevant legal materials and literature.

38
7) Critically analyze academic literature on public international law and situate your
argument in relation to the arguments or positions advanced in that literature.

MODULE-I
Definition, Nature and Scope of International Law
Legality of International Law
International law as Positive Morality
Theories as to basis of International Law
Relationship between International Law and Municipal Law
Sources of International Law- Custom, International conventions, Treaties, General Assembly
Resolutions & General Principles
Modern Sources & Other Sources

MODULE-II
State Territory- Modes of acquiring and losing of state territory & various theories
State Jurisdiction-Kinds and theories of jurisdiction
Recognition of States and Governments, Theories of Recognition, De facto, De jure recognition,
Implied Recognition, Withdrawal of Recognition, Retroactive Effects of Recognition
State Responsibility - Basis, Nature and various theories
Settlement of International Disputes- Coercive measures and amicable measures for settlement
of disputes.

MODULE-III
Law of Sea: Maritime Belt, Contiguous Zone, Continental Shelf, Exclusive Economic Zone, High Seas
Extradition- Definition, Purpose of Extradition, State Jurisdiction, Customary Law basis, Treaty Law The
nature of obligation
Doctrine of Double Criminality, Rule of Speciality
Asylum: Meaning and basis for getting asylum, Right of Asylum, Types of Asylum.

MODULE-IV
Nature, Concept and importance of Human Rights, Human Rights under the UN Charter

39
Universal Declaration of Human Rights, 1948 – Influence – Legal Significance, UN Commission
on Human Rights (Human Rights Council)
Human Rights in India, Rights under Indian Constitution, Application of International Human
Rights Law in India
Role of Indian Judiciary
The Protection of Human Rights Act, 1993
Establishment, Powers and Functions of NHRC – Role of NHRC

SUGGESTED READINGS:
1) Starke, J.G. : An Introduction to International Law
2) Aggarwal, H.O. : Public International Law and Human Rights
3) Kappor, S.K. : International Law
4) Harris, D.J. : Cases and Material on International Law
5) Greig, DW : International Law
6) Brownlie – Principles of International Law
7) H. Charlesworth, ‘Law-Making and Sources’ in J. Crawford and M. Koskenniemi,
International Law (CUP, 2012) 187-202
8) V. Lowe, International Law (OUP, 2007), Chapters 1 and 2;
9) M. Evans (ed), International Law (4th ed, OUP, 2014) Chapters 4 and 5;
10) M. Dixon, R. McCorquodale and S. Williams, Cases and Materials on International Law
(OUP, 2011) Chapters 1 and 2
11) K. Qureshi, Public International Law Before the English Courts (Wildy, 2016),
Introduction
12) J. Crawford, Brownlie's Principles of Public International Law (8th ed, OUP, 2012)
Chapters 11 & 12
13) Press release from the Permanent Court of Arbitration (PCA) in The Hague on the latest
developments in the Philippines v China case.
http://www.pcacases.com/web/sendAttach/1524
14) ‘Methods of Resolving Maritime Boundary Disputes’ (Chatham House, 2006) (hardcopy
will be given on the day)
15) United Nations Convention on the Law of the Sea, Part XV Settlement of Disputes:
http://www.un.org/depts/los/convention_agreements/texts/unclos/part15.htm
40
16) N. Rodley, ‘International Human Rights Law’, in M. Evans, International Law (4th ed
OUP, 2014);
17) D. Moeckli, S. Shah and S. Sivakumaran (eds), International Human Rights Law (2nd
ed, OUP, 2014), Chapters 5, 6 and 7, and pp. 3-14;
18) A. Clapham, Human Rights: A Very Short Introduction (OUP, 2007);
19) S. Joseph and A. McBeth, Research Handbook on International Human Rights Law
(Edward Elgar, 2010), in particular Chapters 1 and 19.
20) UN Human Rights Council, Guiding Principles on Business and Human Rights 2011:
http://www.business-humanrights.org/SpecialRepPortal/Home/Protect-Respect-
RemedyFramework/GuidingPrinciples
21) UN High Commission for Human Rights, Corporate Responsibility to Protect: An
Interpretative Guide 2012
http://www.ohchr.org/Documents/Issues/Business/RtRInterpretativeGuide.pdf
22) Robert McCorquodale, ‘International Human Rights Law Perspectives on the UN
Framework and Guiding Principles on Business and Human Rights’ in L. Blecher, N.
Stafford and G. Bellamy, (eds) Corporate Responsibility for Human Rights Impacts:
New Expectations and Paradigms (American Bar Association, 2014) 51-78
23) G. Skinner and others, The Third Pillar: Access to Judicial Remedies for Human Rights
Violations by Transnational Business (ICAR, 2013) http://corporate-
responsibility.org/wp-content/uploads/2013/12/The-Third-Pillar-Access-to-
JudicialRemedies-for-Human-Rights-Violation....pdf
24) Video of Prof John Ruggie on ‘The Business and Human Rights Framework’:
http://www.youtube.com/watch?v=55PJw077eQE&feature=player_embedded
25) Paramjit S. Jaswal, Nishtha Jaswal, Human Rights and the Law, APH Publishing, New
Delhi (1996)
26) HO Agarwal, Human Rights, Central Law Publications, Allahabad, (12th Edn. - 2012)
27) Justice Palok Basu, Law Relating to Protection of Human Rights, Modern Law
Publications, Allahabad (2002).
28) Sircar, V.K., Protection of Human Right in India, Asia Law House, Hyderabad (2004-
05.)

41
29) Symmonides, J., Human Right: International Protection, Monitoring and Enforcement,
Rawat publications, New Delhi (2005)
30) Alston, Phillip, the United Nations and Human Rights, Clarendon Press, London (1995).

CASE LAWS:
1) Shri Krishna Sharma V/S State of Bengal AIR 1954 Cal 598
2) North Sea Continental Shelf Germany v Denmark, Order, [1968] ICJ Rep 9
3) The Right of Passage Case (PORTUGAL v. INDIA) 1960
4) Vellore Citizens Welfare Forum v Union of India 1996
5) S S Lotus Case (Fr. v. Turk.), 1927 P.C.I.J. (ser. A) No. 10 (Sept. 7)
6) Zamora Case (1916) 2 AC 77
7) The Arantzanu Mendi Case (UK) 1939
8) Civil Air Transport Inc. V. Central Air Transport Corpn. (Hong Kong) 1952
9) Luther V. Sagar volume 2 1965
10) Corfu Channel United Kingdom v Albania, Judgment, Merits, ICJ GL No 1
11) Abu Salem Abdul Qayoom Ansari V. State of Maharashtra (2010)
12) The Asylum Case 1950
13) Dharam Teja v. state 1972 CriLJ 127
14) Anglo-Norwegian Fisheries, United Kingdom v. Norway, Order, 1951 I.C.J. 8 (Jan. 10)
15) North Sea Continental Shelf Case Germany v Denmark, Order, [1968] ICJ Rep 9
16) The Lawless v Ireland (1957–61)
17) ADM Jabalpur V. Shukla AIR 1976 SC 1207
18) Vishaka V. State of Rajasthan AIR 1997 SC 625
19) People’s Union for Civil Liberties V. Union of India AIR 1997 SC 1203
20) Chairman, Railway Board V. Chandrima Das 2000
21) Douglas Guilfoyle (2018)
22) Island of Palmas (Netherlands v United States of America) (1928)
23) Legal Status of Eastern Greenland (Denmark v Norway) (1933)
24) Trail Smelter (United States of America/Canada) (1938 and 1941)
25) Trial Before the International Military Tribunal at Nuremberg (1945–46)
26) The Early United Nations Advisory Opinions (1948–62)
27) The South West Africa Cases (1949 to 1971)
42
SEMESTER-III

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB301 LAW OF CONTRACT-II

PREREQUISITE NIL

OBJECTIVES:
This paper is to impart comprehensive knowledge on various special contracts, Law of Agency,
Partnership, Sale of Goods and Indian Partnership. This course also provides exhaustive
knowledge about the law relating to Special Contracts i.e. law relating to Indemnity and
Guarantee/Bailment and Pledge, Agency, Sale of Goods Act, 1930 and Indian Partnership Act,
1932.

LEARNING OUTCOMES:
On successful completion of the module, students will be able to:
1) Understand the fundamental principles underlying these special forms of contract.
2) Understand and apply the provisions of legislation relating to the sale of goods and
supply of services to different fact situations.
3) Explain and assess the effect vitiating factors have on the validity of contracts.
4) Analyze factual scenarios and apply their understanding of Irish Contract Law to them
5) Identify how a contract may be terminated.
6) Assess the role of damages in contract law.

MODULE– I
Indemnity and Guarantee: Definition of Indemnity, Essentials of Indemnity, Definition of
Guarantee, Essentials of Guarantee, Kinds of Guarantee, Distinction between Indemnity and
Guarantee, Right and Duties of Indemnifier and Indemnified, Meaning and revocation of
Continuing guarantee, Nature and extent of surety’s liability, Rights of Surety against Principal
Debtor, Creditor and Co- Surety, Rights and duties of Co-Surety, Discharge of Surety.

43
Bailment and Pledge: Definition and essentials of Contract of Bailment, Rights and Duties of
Bailor and Bailee, Rights and duties of Finder of Goods, Termination of Bailment, Definition of
Pledge, Who can Pledge, Distinction between Bailment and Pledge, Rights of Pawnor and
Pawnee, Pledging of Goods by Non-owners, Concept of Lien and its kinds, Difference between
Pledge and lien.

MODULE– II
Agency: Definitions of Agent and Principal, Kinds of Agents, Essentials of relationship of
agency, Extent of Agent’s Authority, Various methods of Creation of agency: By agreement,
ratification and law, Relation of principal / agent, subagent and substituted agent, Relation of
Principal & Agent towards third Person, Rights and Duties of Principal and Agent, Personal
Liability of Agent, Methods of termination of agency, Rules for revocation of authority.

MODULE– III
The Sale of Goods Act, 1940: Concept of sale as a contract, Essentials of contract of sale,
Essential conditions in every contract of sale, Distinction between Sale and Agreement to Sale,
Implied terms in contract of sale, The rule of caveat emptor and the exceptions thereto under the
Sale of Goods Act, Changing concept of caveat emptor, Effect and meaning of implied
warranties in a sale, Transfer of title and passing of risk, Delivery of goods: various rules
regarding delivery of goods, Unpaid seller and his rights, Remedies for breach of contract.

MODULE– IV
The Indian Partnership Act, 1932: Nature of partnership firm, Relation between partnership and
Hindu Joint Family business/Company, Types of Partners, Relations of partners to one another
and outsiders: Rights /Duties of partners inter se, Partnership Property, Relations of Partners to
third parties, Liability for holding out, Minor as a partner, Incoming and outgoing partners,
Dissolution of Partnership Firm, Consequences of dissolution, Rights and liabilities of partners
on dissolution, Rules of Settlement of accounts after dissolution, Registration of firms and
effects of non registration.

44
RECOMMENDED TEXT BOOKS:
1) Avtar Singh, Law of Contract.
2) R.K. Bangia, Law of Contract., Edition 2009
3) Pollock & Mulla, Indian Contract Act.
4) Avtar Singh, Law of Partnership, Eastern Book Company, 2012 (4th Edn)
5) Saharay H. K - Indian Partnership and Sale of Goods Act
6) Krishnan Nair - Law of Contract
7) G.C., Bharukha, the Indian Partnership Act
8) V. Krishnamachari and Surender K. Gogoi, T.S. Venkatesa Iyer’s, Sales of Goods
Act,1930
9) Dr Madusudan Saharay, Textbooks on Sale of Goods and Hire Purchase, Universal
Law Publication, 3rd Edition

REFERENCES:
1) Avtar Singh, Sale of Goods, Eastern Book Company, 2011 (7th Edn)
2) Michael G. Bridge (ed.), Benjamin‟s Sale of Goods, Sweet & Maxwell, 2013 (8th
Edn)
3) P.S. Atiyah, Sale of Goods, Pearson Education, 2010 (12th Edn)
4) P. Mulla, The Sale of Goods and Indian Partnership Act, Lexis Nexis, 2012 (10th
Edn)
5) Dr. S.R. Myneni, Contract-II (Special Contracts), Published by Asia Law House
6) Dr S.S. Srivastava, Law of Contract-II, Central Law Publications Law
7) C Mitchell and P Mitchell (eds), Landmark Cases in the Law of Contract (Hart 2008)
8) P.S. Atiyah, The Rise and Fall of Freedom of Contract (Clarendon 1979)
9) SA Smith, Contract Theory (Clarendon 2004)
10) R Stevens, "The Contracts (Rights of Third Parties) Act 1999" (2004) 120 Law
Quarterly Review 292
11) Law Commission, Privity of Contract: Contracts for the Benefit of Third
Parties (1996) Law Com 242
12) Law Commission, Unfair Terms in Contracts (2005) Law Com 292
13) Collins, H. (2003). Contract Law in Context (4 ed.). CUP.

45
14) Peel, E.; Treitel, G.H. (2011). Treated on the Law of Contract (13 ed.). Sweet and
Maxwell.
15) E McKendrick, Contract Law: Text, Cases and Materials (OUP 2010)
CASE LAWS:
1) Bank of Bihar v. Damodar Prasad AIR 1969 SC 297
2) Jagdish Chandra Trikha vs. Punjab National Bank, AIR 1998 Delhi 266
3) Anil Mehra vs. Bank of Maharashtra, AIR 2003, P&H 11.
4) Rashik Lal & Co. vs. I.T. Commissioner, AIR 1998 SC 401.
5) Lachhmi Narain v. Beni Ram, AIR 1931 All.327
6) R.V. Madhvani v. T.P. Madhvani, AIR 2004 SC 1084
7) Lloyd vs. Grace, Smith & Co (1912) A.C. 716
8) Central Bank of India v. Tarseema Compress Woof Mfg. Co., AIR 1997 Bom.225
9) Gajanan Moreshwar Parelkar v. Moreshwar Madan Mantri, AIR 1942 Bom 302
10) Usha Gopirathnam Vs. Shri P.S Rangannathan, AIR 2008 (NOC) 2137 (kar.)
11) Coutts and Co. v. Brown Lecky, (1946) All ER 207 (Oliver J.)
12) Morvi Mercantile Bank v. Union of India AIR 1965 SC 1954
13) Pannalal Jankidas v. Mohanlal, (1950) 1 SCR 979
14) Badri Prasad v. State of Madhya Pradesh, AIR 1970 SC 706
15) K.D.Kamalnath & Co. v. CIT(1971) 2 SCC 873
16) Godley v. Perry(1960) 1 All E.R. 36.
17) Bird v. Brown (1850) 4 Ex. 786: 80 RR 775
18) Cox v. Hickman (1860) 8 H.L.C. 268
19) K.D.Kamalnath & Co. v. CIT(1971) 2 SCC 873
20) Syndicate Bank v.R.S.R. Engg. Works(2003) 6 SCC 265
21) Miles v. Clarke(1953) I AII ER 779
22) Larsen & Tourbo Ltd. v. State of Karnataka, (2014) 1 SCC 708
23) Rashik Lal v. I.T.C., A.I.R. 1998 S.C. 401.
24) Hedayatullah v. Mahomed Kamil, AIR 1924 P.C. 93
25) Chandrakant Manilal Shah v. Commissioner of Income Tax, A.I.R. 1992 S.C.1.
26) Bentley Vs. Craven(1853) 18 Beav. 75:104 R.R. 373.
27) Ward v. Hobbs(1878) 4 A.C.13

46
28) Pearson v. Rose & Young Ltd.(1950) 2 All E.R. 1027
29) Whitehead v. Anderson(1842) 9 M & W 518, at p.534:69 R.R.819 at p. 833
30) Frost v. Knight(1872) L.R. Ex. 111, at 112,113

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB302 FAMILY LAW-II

PREREQUISITE NIL

OBJECTIVE: Objective of teaching of Muslim law is to make the students familiar with a range
of knowledge on Islamic law generally and have a clear understanding of Islamic legal theory
and Islamic family law.

LEARNING OUTCOME:
On completion of the course, students will be able to:
6) Connect the core concepts of traditional law with the modern codified Muslim law.
7) Analyze and critically understand the concept of marriage and relate it to the changing
nature of marriage.
8) Appraise on the nature of property transaction that exist in Muslim family.
9) Analyze acknowledgement laws thereby understanding its importance.
10) To appraise the law relating to guardianship and the importance of guardian in matter
relating to wards.
11) Critically understand the laws relating to gift under the Act.

MODULE-I

Status and Scope of Muslim Law in India.


Sects and Schools of Muslims in India.- Sunni School of Law, Shia School of Law
Sources of Muslim Law and their position in India: Classical and Modern.
Statutory Application of Muslim Law including the Muslim Personal Law (Shariat)
Application Act, 1937.
Concept of Muslim Marriage (Nikah) - Nature of Muslim Marriage, Essentials of Valid
Marriage, Formalities in Muslim Marriage, Impediments to Muslim Marriage, Kinds of Marriage

MODULE-II
47
Mahr (Dower) Marital Rights, including dower and Enforcement. deceased wife’s dower,
widow’s lien/wife’s right to retain, transferability and inheritability of dower.
Effect of Post Marriage Conversion to Islam; and Post Marriage renunciation of Islam.
Divorce under Muslim Law (Talaq) - Divorce under the Dissolution of Muslim Marriages
Act, 1939, Post-Divorce Rights of parties including iddat period, Remarriage.
Maintenance including the Muslim Women(Protection of Rights on Divorce) Act, 1986 and
Maintenance of Wife and Widow under Ss 125-128 Cr.P.C., 1973.

MODULE - III
Inheritance in Muslim Law- Sunni & Shia law of Inheritance - General Principles,
Competence to inherit, Classes of heirs, Miscellaneous rules
Hiba (Gifts)- Definition of Hiba, Capactiy to make Hiba, Essentials & Subjectmatter of Hiba,
Revocation of Gifts
Wills- Capacity to make a will, Formalities for making a will, Subject matter of will,
Limitations on the power of legator to make will, Doctrine of Marz – ul – maut, Revocation of
the wills
Parent Child relations including acknowledgement of paternity and concept of Legitimacy.

MODULE-IV
Salient features of the Indian Christian Marriage Act, 1972: requirement of notice in marraige;

Jewish Law of Marriage and Divorce in India: Importance of Custom and Rituals in Marriage
Among Jews; Indian Zorastian Marriage: evolution of its customs in India; Differences in Iranian
& Indian (Parsi or Parsee & Irani) Wedding Customs.

TEXT BOOKS

1) Introduction to Muslim law by Tahir Mahmood universal law publishing - an imprint of


lexis nexis; second edition (1 november 2017)

REFERENCE BOOKS

1) Tahir Mahmood : Muslim Law of India


2) Fyzee : Outlines of Mohammedan Law
3) Tahir Mahmood : Civil Marriage Law
4) Cental Acts : Muslim Personal Law(Shariat) Application Act,1937
5) Dissolution of Muslim Marriage Act, 1939

48
6) Muslim Women (Protection of Rights on Divorce) Act, 1986
7) https://www.bbc.com/news/world-asia-india-49160818
8) https://www.casemine.com/search/in/muslim+personal+law
9) http://www.legalserviceindia.com/article/l302-Sources-of-Islamic-Law.html
10) https://www.preservearticles.com/notes/short-notes-on-the-laws-of-muslim/21850
11) https://lawwithshaheen.com/
12) https://www.legalbites.in/library-muslim-law/
13) https://kanwarn.wordpress.com/2010/08/24/sources-of-muslim-law/
14) https://deepanshuroy.blogspot.com/2017/11/acknowledgement-of-paternity-under.html
15) http://theindianlawyer.in/statutesnbareacts/acts/s40.html
16) https://www.lawordo.com/jewish-law-of-marriage-divorce/
17) https://www.toppr.com/guides/legal-aptitude/family-law-I/christian-marriage-act/
18) https://mymarriagewebsite.com/indian-marriage-law/parsi-marriage-and-divorce-act-
1936/

LEADING CASE:

1. Lily Thomas V Union of India (2000) 6 SCC 224


2. SarlaMudgal V Union of India AIR 1995 SC 1531
3. Gurdial Kaur V Mangal Singh AIR 1968 P& H 396
4. Mohd. Ahmed Khan vs
5. Shah Bano Begum And Ors 1985 SCR (3) 844
6. Ahmedabad Women Action Group (AWAG) v. Union of India (AIR (1997) 3 SCC 573
7. Shayara Bano v. Union of India and others 1985 (2) SCC 556
8. Danial Latifi and another v. Union of India (2001) 7 SCC 740
9. Shamim Ara v. State of U.P. (MANU/SC/0850/2002)
10. Chand Patel v. Bismillah Begum (2008) 4 SCC 774
11. Imambandi v. Mutsaddi (1918) 20 Bom. L. R 1022.
12. S Gohar Begum Nazma Begum (1960) 1 SCR 597
13. Noor Sabha Khatoon v Md. Quasim AIR 1997 SC 3280
14. Mukkattumbrath Ayisumma vs Vayyaprath Pazhae Bangalayil AIR 1953 Mad 425,
(1952) 2 MLJ 933
15. Mrs. Faridabano Shahabuddin vs Shahabuddin Muzzaroddin Kadri 1993 (2) BomCR 242
16. Naseemunisa Begum D/O Shaikh vs Shaikh Abdul Rehman S/O Shaikh 2002 (2) MhLj
115
17. Smt. Hafijabi Suleman Darwajkar vs Suleman Mohammad Darwajkar AIR 1996 Bom 79
18. Smt.Khatiza Tul Qubra @ Tara Bano vs Iqbal Mohd on 27 January, 2009
19. Ashraf vs Jennathu Beevi 2002 CriLJ 4419
20. Mst. Zohara Khatoon vs Mohd. Ibrahim 1981 AIR 1243
21. K.C. Moyin vs Nafeesa And Ors. on 6 September, 1972

49
COURSE CODE COURSE NAME L T P C
4 1 0 4
20LLB303 CIVIL PROCEDURE CODE & LIMITATION

PREREQUISITE NIL

OBJECTIVES:
Study of procedural law is important for a Law student This course is designed to acquaint the
students with the various stages through which a civil case passes through, and the connected
matters. The paper will focus on the civil procedures followed in instituting a suit. The course
also includes law of limitation. The course teacher shall Endeavour to familiarize the students
with the case papers (like plaints, written statements, Interlocutory applications, etc) involved in
civil cases. The students will also be familiarized with certain important concepts of Limitation
Act.
LEARNING OUTCOMES:
At the end of the course, the students will be able to:
1. Prepare practice-ready students.
2. Create a strong understanding of the federal rules of civil procedure, applicable statutes and
policy.
3. Teach students to apply those rules to new fact patterns.
4. Improve the ability to analyze cases, i.e., how to disscect cases into facts, issue, procedure,
precedent, rule, etc.
5. Recognize the procedural posture of a case.
6. Enhance issue spotting, writing and analytical skills, and
7. Build practical skills, including drafting documents.

MODULE- I

Definition: Decree, Preliminary Decree, Final Decree, Judgment, Order,Pleader, Foreign Court,
Foreign Judgment, Judgment debtor, Mesne Profits, Affidavit, Suit of a civil nature, Legal
Representative

50
Important Concepts: Res Sub-Judice, Resjudicata, Restitution, Caveat, Jurisdiction of the Courts
(Subject matter, territorial and pecuniary)
Place of Suits, Transfer of Cases
MODULE -II
Misjoinder, Non joinder of parties, Proper and Necessary Parties
Pleadings: Meaning, Object, General rules, Amendment of Pleadings
Plaint and Written Statement
Appearance and Non-Appearance of Parties
Summary Procedure,
Suits by Indigent persons,

MODULE –III
Inherent Powers of Courts
Inter-pleader Suit
Suits by/and against minors and person of unsound mind
Arrest and Attachment before Judgment
Appeals (First Appeal, Second Appeal, Appeals to the Supreme Court)
Reference, Review and Revision
Injunctions and Interlocutory orders

MODULE-IV
The Limitation Act, 1963-Limitation of Suits, Appeal and Application
Acknowledgement
Condonation of delay
Legal disability
Computation of period of limitation and acknowledgment in writing
Acquisition and Extinguishment of Proprietary rights by the virtue of limitation

TEXT BOOKS:

1. C.K. Takwani, Code of Civil Procedure, Eastern Book Company.

51
2. M.P. Tandon, Code of Civil Procedure, Allahabad Law Agency.

STATUTES:
1. Code of Civil Procedure, 1908
2. The Limitation Act, 1963

REFERENCES:

1. Mulla, Code of Civil Procedure, Universal, Delhi


2. C.K.Thakkar, Code of Civil Procedure
3. M.P.Tandon, Code of Civil Procedure
4. Anil Nandwani, Code of Civil Procedure
5. Dinshaw Fardauzi Mulla, Mulla’s Code of Civil Procedure, Lexis Nixis
6. Sudipto Sarkar & V.R. Manohar, Sarkar’s Code of Civil Procedure (2 Vols)Lexis Nexis India
7. M.R. Malik, Ganguly’s Civil Court, Practice and Procedure, Eastern Law House
8. Advocate KV Siva Prasad, the Limitation Act, 1963, MJS Publication, 2018
9. M.R. Mallick, B.B. Mitra The Limitation Act,, 1963
10. K. Shanmukham, Sanjiva Row’s The Limitation Act
11. J.D. Jain : Indian Limitation Act
12. A.N Saha: Code of Civil Procedure

13. D.N. Mathur: Code of Civil Procedure

14. The Code of Civil Procedure by Avtar sin gh

15. Code of Civil Procedure by Monika Srivastava

CASES:
1. Salem Advocates Bar Association, State of Tamil Nadu Vs Union of India 2005 SC
2. Bhikaji Keshav Joshi v. Brijlal Nandlal 1955 SC
3. State of Tamil Nadu V. Ramalingam 1985 SC
4. RSRTC Vs Bal Mukund Bairwa 2009 SC
5. Balwant N. Vishwamitra V. Yadav Sadashiv (Dead, through LRs)
6. International Woolen Mills V. Standard Wool UK Ltd. 2001 SC

52
7. Popat & Kotecha Properties V. SBI Staff Association 2005 SC
8. Prem Lata Nahata & Another V. Chandi Prasad Sikaria 2007 SC
9. Monohar Lal v. Seth Hira Lal AIR 1962 SC 527
10. Dalpat Kaur v. Prahlad Singh, AIR 1993 SC 276
11. ONGC Ltd. v. State Bank of India, AIR 2000 SC 2548
12. Saleem Bhai v. State of Maharashtra, AIR 2003 SC 759
13. Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961 S.C. 882
14. Chunilal V. Mehta v. v. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC1314
15. Punjab National Bank v. Surendra Prasad Sinha, AIR 1992 SC 1815
16. State of Nagaland v. Lipok AO (2005) 3 SCC 752
17. Rajender Singh v. Santa Singh, AIR 1973 SC 2537
18. Mahabir Kishore v. State of M.P., AIR 1990 SC 313
19. The Commissioner of Sales Tax, U.P. v. M/s. Madan Lal Das & Sons, Bareilly, AIR 1977
SC 523
20. State of Uttar Pradesh v. Maharaj Narain, AIR 1968 SC 960
21. Jai Jai Ram Manohar Lal v. National Building Material Supply Co., AIR 1969 S.C. 1267
22. Dalip Kaur v. Major Singh, AIR 1996 P & H 107
23. Mayar HK Ltd Vs Owners & Parties Vessel MV Fortune Express 2006 SC
24. Omprakash Gupta Vs Ranbir B Goyal 2002 SC
25. M. Veerappa V. Evelyn Sequeira 1988 SC
26. Gujrat Bottling Company Ltd Vs. Coca Cola Company 1995 SC
27. Andhra Bank V. A B N Amro Bank 2007 SC
28. Sampath Kumar V. Ayya Kannu & Others 2002 SC
29. Karupa Swamy Vs C Ramamurthy 1993 SC
30. Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287

COURSE CODE COURSE NAME L T P C


LABOUR & INDUSTRIAL LAW-I 4 1 0 4
20LLB304

53
PREREQUISITE NIL

PURPOSE:
The main purpose of the course is to acquire knowledge and develop understanding of the
regulatory framework of Labour laws with reference to various provisions of the Industrial
Dispute Act, Factories Act and The Trade Unions Act including case laws.

OBJECTIVES:
Industries play a vital role in the economic development of a country. For the smooth functioning
of industries, capital and labour must co-operate and the relations between the two should be
harmonious and amicable. Thus, industrial relations occupy a special place in the modern
industrial set-up of a country. Therefore, the importance of labour and industrial laws for keeping
good industrials relations and for helping in the economic development of a country can’t be
ignored. In India, the importance of labour and industrial laws is more as there is large scale
unorganized sector. Therefore, industrial jurisprudence which has modified the traditional law
relating to master and servant and theory of Lassiez faire in the interest of labour, industrial
peace and the country has occupied an important place in the context.

LEARNING OUTCOMES:
Upon completion of the course, the students will be able to:
1) Understand how this branch of law i.e. the labour and industrial law, has modified the
traditional law and had cut down the old theory of freedom of contract to protect
workmen against victimization and unfair labour practices by the employer and to put an
end to industrial disputes by peaceful methods.
2) Understand that Industrial Tribunals can extend an existing agreement or make a new
one, or in general create new rights and obligations or modify the old ones even against
the wishes of the employer or workmen or both.
3) Develop an argument persuasively and think logically and to identify and solve legal
problems

MODULE – I

54
The Trade Union Act, 1926:
Industrial relation, Labour Problem and Labour Policy in India
History and development of trade unions in India
Collective Bargaining- Process; Merit and Demerit
Definitions- Trade Union, Workman and Trade dispute
Registration of Trade Unions- Mode of Registration; Application for Registration and
Cancellation of Registration; Rights and Liabilities of registered trade union
Immunities – Civil and Criminal (Section 17, 18); IPC Section 120-A, 120-B
Penalties and Procedure

MODULE – II
The Industrial Disputes Act, 1947:
Definition- Industry Section 2(j)
Definition- Industrial Dispute Section 2(k)
Definition- Workman Section 2(s)
Authorities under the Act
Procedure, Powers and Duties of Authorities
Reference of disputes to Boards, Courts and Tribunal
Voluntary reference of disputes to arbitration

MODULE – III
The Industrial Disputes Act, 1947:
Prohibition of Unfair labour Practices
Definition- Strike section 2(q)
Definition- Lock-Out section 2(l)
Prohibition of Strike and Lock-Out; Illegal strike and lock-out; Distinction between lock-out and
closure
Lay-off and Retrenchment (Section 25 A- 25 J)
Penalties
Special Provision dealing with Conditions of service
The Industrial Employment (Standing order) Act, 1946

55
MODULE – IV

The Factories Act, 1948:


Philosophy of labour welfare
Historical Development of labour Welfare in India
Definition- Factory section 2(m); Manufacturing Process 2(k); Worker 2(l); Occupier 2(n);
Hazardous Process section 2(c b) and others
Approvals, Licensing and Registration of Factories
Notice by Occupier; General duties of Occupier
Powers and duties of the Inspectors
Cleanliness and Health Measures
The working hours of Adult workers

PRESCRIBED STATUTES:
1) The Trade Union Act, 1926
2) The Industrial Disputes Act, 1947
3) The Factories Act, 1948
4) The Industrial Employment (Standing Orders) Act, 1946

RECOMMENDED TEXT BOOKS:


1) S.N. Misra, Labour and Industrial law, 26th edition
2) S.C. Srivastava (Rev.) Labour Law and Labour Relations: Cases and Materials (Indian
Law Institute, 2007)

REFERENCES:
1) Dr. S.K.Puri, Labour and Industrial Laws (New Ed)
2) D.D.Seth, Commentaries on Industrial Disputes Act, 1998
3) G.B. Pai, Labour Law in India (2001)
4) P.L. Malik, K.D. Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices
in India (4th ed., 2002, with Supplement 2003)
5) O.P. Malhotra’s The Law of Industrial Disputes (6th ed., 2004)
6) K.D. Srivastava, Industrial Employment (Standing Orders) Act, 1946 (4th ed., 1998 with
Supplement 2003)

56
7) P.L.Malik’s, Industrial Law, 21st edition
8) P.R.N.Sinha, Industrial Relations, trade Unions and Labour Legislation
9) John Bowers & Simon Honey Ball, Text Book on Labour Law (1996) Blackstone,
London
10) K.M.Pillai, Labour and Industrial Laws
11) V.G.Goswami, Labour and Industrial Laws, 1999
12) Report of the National Commission on Labour (1969)
13) Report of the Second National Commission on Labour (2002)
14) Report of the Committee on Fair Wages(1948)

CASE LAWS:
1) Rangaswami v. Registrar of Trade Union , AIR 1962 Mad.231
2) The Tamilnadu Non-Gazetted Government Officers’ Union v. The registrar of Trade
Union AIR 1962 Mad. 234
3) In re Inland Steam Navigation Workers Union AIR 1936 Cal.57
4) R.S Ruikar v. Emperor, AIR 1935 Nag.149
5) Rohtas Industries Staff Union v. State of Bihar, AIR 1963 Pat. 170
6) Rohtas Industries v. Its Union, AIR 1976 S.C. 425
7) Banglore Water Supply and Sewerage Board v. A. Rajappa AIR 1978 SC 548
8) State of U.P v. Jai Bir Singh (2005) 5 SCC 1
9) Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate AIR 1958
SC 353
10) Municipal Corporation of Delhi v. Female Workers (Muster roll) AIR 2000 SC 1274
11) J.H. Jadhav v. Forbes Gokak ltd. (2005) SCC 202
12) Dharangadhra Chemical works ltd v. State of Saurashtra AIR 1957 SC 264
13) A.Sundarambal v. Government of Goa, Daman & Diu AIR 1988 SC 1700
14) H.R.Adyanthaya v. Sandoz (India) Ltd.(1994) 5 SCC 737
15) Management of Chandramalai Estate v. Its Workmen AIR 1960 SC 902
16) Syndicate Bank v. K.Umesh Nayak (1994) 5 SCC 572
17) Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer,
Labour Court (1990) 3 SCC 682
18) The Workmen v. Fire Stone Tyre & Rubber Co. Pvt. Ltd. AIR1976 SC 1775
57
19) U.P State Brassware Corporation Ltd. v. Uday Narain Pandey (2006) 1 SCC 479
20) B.Y.Kshatriya(P) Ltd. v. Union of India AIR 1963 SCR(1) 860
21) Rohtas Industries v. Ramlakhan singh AIR 1978 SC 849

COURSE CODE COURSE NAME L T P C


20LLB305 ENVIRONMENTAL LAW 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
This course is designed to acquaint the students with the environmental issues and the measures
taken for its protection along with the norms prevailing at International and National level.
Environmental problems have attained alarming proportions It is essential to sensitize the
students to environmental issues and the laws The important principles in the field like
intergeneration equity, carrying capacity, sustainable development and precautionary, polluter
pays principles are to be appreciated The law in practice is to be analyzed and evaluated The
course is designed towards these objectives.

LEARNING OUTCOMES:
1) Students will be able to get basic knowledge of environment, pollution and various
principles.
2) Students will be able to get the knowledge about Constitutional provisions for the
protection of environment.
3) Students will learn about the legal provisions of the water pollution.
4) Students will get the knowledge about the Environment (protection) Act, powers of
central government and state government to make laws and Environment Tribunals

MODULE-I
Environmental Studies:

58
Land, Water, Forests, Atmosphere, Habitat, People, Health, Energy, Dams, Living Resources,
Governance & agents of change, Public Health & Sanitation, Social- Economic & political
perspective of the environment, refugee & internal migration, settlements

MODULE-II
International Environmental Law & Legal Constitutional Provisions:
Pre- Stockholm position, Stockholm, WCN 1980, UNFCCC, IPCC, Brundtland commission, Rio
& Kyoto , Paris, Johannesburg, WSSD,
Constitutional Process
IPC & Cr.PC, Civil Law, Torts & Easement, CPC, Remedial Mechanism

MODULE-III
Legal Framework for Regulatory mechanism:
Air (Prevention & Control of Pollution) Act 1981,
Water (Prevention & Control of Pollution Act 1974,
Environmental Protection Act 1986.

MODULE-IV
Forest Policies, Indian Forest Act, 1927;
Forest Conservation Act 1980;
Wildlife Policy;
Water Policy on Flora & Fauna;
Wildlife Act 1972; Bio diversity Act.

RECOMMENDED TEXT BOOKS:


1) Shyam Diwan & Armin Rosencranz, Environmental Law and Policy in India, Oxford
University Press, 2nd Edition, 2001.
2) P. Leelakrishnan, Environmental Law in India, Lexis Nexis, 3rd Edition, 2008

PRESCRIBED STATUTES:
1) The Water (Prevention and Control of Pollution) Act, 1974

59
2) The Air (Prevention and Control of Pollution) Act, 1981
3) The Indian Forest Act, 1927
4) The Forest (Conservation) Act, 1980
5) The Wild Life Protection Act, 1972
6) The Environment (Protection) Act, 1986
7) The Public Liability Insurance Act, 1991
8) The National Environment Appellate Authority Act, 1997

REFERENCES:
1) P. Leelakrishnan, Environmental Law Case Book, Lexis Nexis, 2nd Edition, 2006
2) S. C. Shastri, Environmental Law, Eastern Book Company, 4th Edition, 2012
3) Gurdip Singh, Environmental Law in India, MacMillan Publisher, 2005
4) Sneh Lata Verma, Environmental Problems: Awareness and Attitude, Academic
Excellence Publishers & Distributors, Delhi, 2007
5) Benny Joseph, Environment Studies, Tata McGraw Hill, New Delhi, 2009
6) Environmental Administration, Law and Judicial Attitude – Paras Diwan, Peeyushi
Diwan
7) Environmental law by P.S. Jaswal,Nishtha Jaswal
8) Principles of International Environmental Law Textbook by Philippe Sands
9) Environmental Law: Text, Cases &Materials Book by Elizabeth Charlotte Fisher and
Eloise Scotford
10) The Making of Environmental LawBy Richard J. Lazarus
11) The Global Environment and International LawBy Joseph F. C. Dimento
12) Environment and LawBy David Wilkinson
13) Basic Functions and Principles of International Environmental Law in the Context of
Managing Water ResourcesBy Nafziger, James A. R
14) Environmental Protection Law and Policy in India Book by Kailash Thakur
15) Environmental Laws in India by A.K. Tiwari

CASE LAWS:
1) M.C. Mehta v. Union of India, (2004) 12 SCC 118

60
2) M.C. Mehta v. Union of India, (2003) 10 SCC 561,564,556,567
3) M.C. Mehta v. Union of India, A.I.R. 1988 S.C. 1037,54,70
4) Centre for Social Justice v. Union of India, A.I.R. 2001, Guj.71
5) Krishan Gopal v. State of M.P.,(1986) Cr.L.J.396
6) Buffalo Traders Welfare Association v. Maneka Gandhi,(1996) 11 SCC 35
7) Buffalo Traders’ Welfare Assn v. Union of India,(2004) 11 SCC 333
8) Chief Forest Conservator(Wildlife) v. Nisar Khan, (2003) 4 SCC 295
9) Bombay Hawkers’ Union v. Bombay Municipal Council, AIR 1985 S.C. 1206
10) M.C. Mehta v. Union of India, A.I.R. 2002 S.C. 3696
11) M.C. Mehta and Anr. Etc vs. Union Of India and Ors. Etc 1986 SCR (1) 312
12) Municipal Corporation, Ratlam vs. Vardhichand AIR 1980 SC 1622
13) Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh AIR 1987
SC 2187
14) Indian Council for Enviro-Legal Action vs. Union of India AIR 1999 SC 1502
15) M.C. Mehta vs. Union of India AIR 1988 SCR (2) 538
16) Animal Welfare Board of India vs. A. Nagaraj and Ors. (2014) 7 SCC 547
17) M.C. Mehta vs. Union of India (Taj Trapezium Case) AIR 1987
18) M.C. Mehta vs. Union of India WP 860/1991
19) M.C. Mehta vs. Kamal Nath and Ors. (1996)
20) Subhash Kumar vs. State of Bihar and Ors. (1991)
21) M.C. Mehta v. Union of India, AIR 1997 SC 734
22) M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997
23) M/s Abhilash Textiles v. Rajkot Municipal Corprn., AIR 1988 Guj. 57
24) Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
25) Vellore Citizen Welfare Forum v. Union of India, AIR 1996 SC 2715
26) A.P. Pollution Control Board v. M.V. Nayudu, AIR 1999 SC 812
27) Narmada Bachao Andolen v. Union of India, AIR 2000 SC 3751
28) M.C. Mehta v. Union of India, AIR 2002 SC 1696

COURSE CODE COURSE NAME L T P C


COMPETITION LAW 4 1 0 4
20LLB306

61
PREREQUISITE NIL

PURPOSE:
To impart knowledge of the laws relating to competition in India.

OBJECTIVES:
In most countries of the world that competition plays a key role to play in ensuring productive,
efficient, innovative and responsive markets. Competition law and policy also result in equity
among producers and reduce rent seeking behavior on their part. In tune with the international
trend and to cope with changing realities, India has reviewed the Monopolies and Restrictive
Trade Practices Act, 1969 and has enacted the Competition Act, 2002 (the Act)w.e.f.14.1.03.This
syllabus also aims to create awareness among the students and develop their abilities to deal with
the issues on the expanding horizons of competition law.

LEARNING OUTCOMES:
On completion of this course, the student will be able to:
1) Discuss historical development of competition law, Explain competition policy and
structure of competition institutions in India, analyze abuse of dominant position and
cartels, discuss mergers and acquisitions, have an overview of the Anti- Competitive
agreements.
2) Construe legal arguments and suggest solutions to practical competition problems by
evaluating the legal principles of competition law to solve practical problems concerning
anti- competitive practices.
3) Apply principles and methods to identify recent developments in competition law and
analyze the significance of those developments.

MODULE-I
History, Introduction and Development of Competition Law:
Concept of Competition, Perfect Competition, Contestable market, Constitutional aspects,
Competition policy, Goals of competition law

History and development of Competition Law in India, Constitutional vision of social justice,
Sachar Committee,

62
MRTP Act: Salient features and its amendment in 1991, Shortcomings of the MRTP Act,
Raghavan Committee Report,

Competition Act 2002: Advantages of Competition Act, Important Definitions under the
Competition Act, 2002

MODULE-II
Anti- Competitive agreements:
Anti-Competitive agreements under the Competition Act, 2002,
Appreciable adverse effect on competition in the market,

Determination of relevant market,

Rule of reason and per se rule,

Horizontal and Vertical restraints, Exemptions,

Penalties, Cartels

MODULE-III
Regulation of abuse of dominant position: Dominance in the Market, Relevant Market, and
Abusive conducts under the Competition Act, 2002
Combinations: Merger, Acquisition, Amalgamation and Takeover

Horizontal, Vertical and Conglomerate Mergers

Review process for combination,

Penalties

MODULE-IV

Enforcement Mechanisms and Emerging Trends in Competition Law:

Enforcement mechanisms under the Competition Act, 2002-Competition Commission of India,


Constitution of the CCI- Powers and functions, Jurisdiction of the CCI, Adjudication and
appeals, Competition Appellate Tribunal,

63
Competition Advocacy in India, Intellectual Property Rights and competition Law, International
Trade Law and Competition Law

PRESCRIBED LEGISLATIONS:
1) MRTP Act, 1996(India)
2) The Competition Act, 2002(India)

RECOMMENDED TEXT BOOKS:


1) Dr. Avtar Singh, Competition Law, Eastern Book Company, 2012
2) Abir Roy & Jayant Kumar, Competition law in India
3) Dr. H.K. Saharay, Textbook on Competition Law

REFERENCE BOOKS:
1) Ramappa, Competition Law in India: Policy, Issus and Development, 3rd ed.-2013,
Oxford University Press, New Delhi
2) P. Satya Narayana Prasad, Competition Law and Cartel Amicus Books, ICFAI University
Press, 2007
3) Richard Whish, Competition Law, Oxford University Press, 2008
4) Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007
5) M. Dugar, Commentary on MRTP Law, Competition Law & consumer Protection Law,
4th ed.-2006
6) Suresh T. Viswanathan, Law and Practice of Competition Act.
7) Dr. V. K. Agarwal, Competition Act, 2002- Principles and Practices.
8) Dr. R.K. Singh : Restriction Trade Practices and Public Interest
9) Suzan Rab, Indian Competition Law-An International Perspective
10) K.S. Anantaranan : Lectures on Company Law and MRTP
11) A.E. Rodrigues, Ashok Menon- The limits of Competition Policy, The Shortcomings of
Economics
12) Taxman’s Competition Law and Practice
13) Report of the Monopolies Inquiries Commission, Govt. of India 1965 (Dr. Hazari Report)
14) Sachar Committee Report, High Powered Committee on MRTP Act & Company Act,
1980

64
15) G.R. Bhatia, Combating Cartel in Markets: Issues & Challenges

CASE LAWS:
1) CCI v. Steel Authority of India Ltd. & Anr, (2010)10SCC 744
2) BrahmaDutta v. Union of India, AIR 2005 SC 730
3) Builders Association of India v. Cement Manufacturers', Case No. 29/2010, CCI.
4) Exclusive Motors Pvt. Ltd v. Automobile Lamborghini SPA, Case No. 52/2012, CCI
5) Express Industry Council of India v. Jet Airways Ltd & Ors., Case No. 30/2013, CCI
6) Shamsher Kataria v. Honda Siel Cars India Ltd., 2014 Comp LR 1 (CCI)
7) Bellaire Apartment Owners' Association v. DLF Ltd& HUDA, 2011 Comp LR
0239(CCI)
8) Jag Mohan Chhabra And Shalini Chhabra v. Unitech, 2011 Comp LR 31 (CCI)
9) Surinder Singh v. Board of Control for Cricket in India, [2013] 113CLA579(CCI)
10) National Stock Exchange Ltd. v. MCX Stock Exchange 2014 Comp LR 304 (CAT)
11) Etihad Airways and Jet Airways Combination Order, CCI, Order dated November 12,
2013.
12) Sun Pharma and Ranbaxy Combination Order, CCI, Orders dated December 5, 2014 and
March 17, 2015.
13) PVR and DT Cinemas Combination Order, CCI, Order dated May 4, 2016
14) Google Inc. & Others v. Competition Commission of India & Anr., [2015]
127CLA367(Delhi)
15) Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India & Anr.,
[Writ Petition (Civil) No. 464/2014, Decision dated March 30, 2016]
16) Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. v. ANI Technologies
Pvt.Ltd., Case No. 6 and 74 of 2015 CCI

65
COURSE CODE COURSE NAME L T P C
DRAFTING,PLEADING AND CONVEYANCE 4 - - 4
20LLB307

PREREQUISITE NIL

OBJECTIVES:
The object of this paper is to train students in the art of drafting both for court purposes as well
as for other legal forums. The course is design to develop practical legal drafting skills in the
students.

DRAFTING AND PLEADING:


The General principles of Drafting, Pleading and Conveyancing and their relevant substantive
rules shall be taught.

Writing exercises on Drafting and Pleading (Civil & Criminal)

1) Plaint
2) Written Statement
3) Affidavit
4) Suit for Injunction
5) Summary Suit under O XXXVII CPC
6) Execution Petition
7) Application under O VI R XVII
8) Divorce Petition – H.M.A
9) Exemption Application
10) Bail Application – Regular Bail
11) Anticipatory Bail application u/s 438 Cr.P.C
12) Criminal Miscellaneous Petition-Maintenance Application u/s 125 of Cr.P.C
13) Application under Section 5 Limitation Act
14) Petition under Section 9 of H.M.A
15) Criminal Complaint

Writing Exercises on Conveyancing [Deeds / Parts of Deed]


1) Sale Deed

66
2) Lease deed
3) Will
4) Agreement to sell
5) Relinquishment deed
6) Mortgage deed
7) Gift deed
8) General Power of Attorney
9) Special Power of Attorney
10) Deed of declaration
11) Indemnity Bond
12) Leave and License deed
13) Trust deed
14) Partition deed
15) Adoption deed

Drafting Pleading & Conveyancing consist of three parts:

There is University Examination for 100 marks. The syllabus for examination is Part-I, Part-II
and Part-III

1. Part-I: Written Examination 30 marks [ Internal ]

2. Part-II: Preparation of Record 30 + 30 marks [ Pleading + Conveyancing]

Drafting and Pleading include 15 Exercises. Each exercise carries 2 mark. The Conveyancing
includes 15 exercises. Each exercise carries 2 mark. The Internal marks for 30 will be evaluated
by the practical training Teacher of the concerned college as per written exercises submitted by
the student.

3. Viva Voice Exam 10 marks

67
The Viva Voce exam is 10 marks will be assessed by the concerned Dean or his nominee or one
external examiner appointed by the University. The examiner has to see overall performance of
exercises written by the student.

RECOMMENDED TEXT BOOKS:


1) Bindra N. S.: Conveyancing Draftsman Interpretation Deed – Law Book Publication
(Allahabad)
2) Chaturvedi A. N.: Law of Pleadings Conveyancing- Allahabad Law Agency, Calcutta
(1999)
3) D’souza: Conveyancing; Eastern Law House Agency
4) G. M. Kothari: Drafting, Conveyancing and Pleading.
5) Gupte and Dighe: Civil Manual.
6) Gupte and Dighe: Criminal manual.
7) Mitra B. B.: Law of Limitation.
8) Mogha P. C.: Indian Conveyancing; Eastern Law House - Calcutta
9) Mogha’s: Law of Pleading; Eastern Law House – (1992) Calcutta
10) Shiva Gopal: Conveyancing Precedent and Forms.
11) Stone and Iyer: Pleading.
12) Taxman’s: The Code of Civil Procedure, 1908.
13) Taxman’s: The Code of Criminal Procedure, 1973.
14) Tijoriwala M. T.: Law and Practice of Conveyancing; Snow White Publication
15) G. M. Divekar: Conveyancing.
16) Retwade: Legal Drafting (Paper book). - (HLH) Pune.
17) Mukherjee: Law of Civil Appeals, Revisions References and law of Criminal appeals,
Revisions.
18) Banerjee and Awasthi: Guide to Drafting.

SEMESTER-IV

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB401 LAW OF EVIDENCE

68
PREREQUISITE NIL

The purpose of this course is to develop analytical skills in the students relating to various
provisions of law of evidence which is an indispensable part of both procedural and substantive
laws.

OBJECTIVES:
The law of evidence imparts credibility to the adjudicatory process by indicating the degree of
veracity to be attributed to ‘facts’ before the forum. This paper enables the student to appreciate
the concepts and principles underlying the law of evidence and identify the recognized form of
evidence and its sources. The subject seeks to impart the student the skills of examination and
appreciation of oral and documentary evidence in order to find out the truth. The art of
examination and cross-examination, and the shifting nature of burden of proof are crucial topics.
The concepts brought in by amendments to the law of evidence are significant parts of study in
this course.

LEARNING OUTCOMES:
Upon completion of the course, the student will be able to:
1) Analyze the general nature of evidence, different types of evidence, determine the burden of
proof in civil and criminal cases, and specify types of presumptions, evaluate the rule
governing examination in chief, cross examination and re-examination, and establish the
procedures in the conduct of a civil or criminal trial.
2) Determine the rules relating to competence and compellability of witnesses in relation to case
study material.
3) The students will develop a practical understanding of trial processes.
4) Critically analyze and evaluate the process of proving facts within the common law court
system. Undertake legal research at an advanced level, and evaluate and apply a diverse
range of legal information to complex evidential problems and present a persuasive written
and oral argument for the admission or exclusion of the evidence.

MODULE– I

69
Evidence and its relationship with the substantive and procedural laws
Definitions – Facts, facts in issue, relevant, evidence proved, disproved, not proved, oral and
documentary evidence (Sec. 3)
Relevancy and admissibility
Doctrine of res gestae (Sec. 6, 7, 8, 9)
Conspiracy (Sec. 10)
Private documents and public documents

MODULE – II
Admissions (Sec.17-23)
Confessions (Sec. 24-30)
The problems of non-admissibility of confessions caused by “any inducement, threat or promise’
Inadmissibility of confession made before a police officer (Section 25)
Admissibility of custodial confessions (Section 26)
Admissibility of “information” received from accused person in custody; with special reference
to the problem of discovery based on “joint statement” (Section 27)
Confession by co-accused (Section 30)
Dying Declarations (Sec. 32)
Presumptions (Sec.4, 41, 79-90, 105,107,108,112,113-A, 114 and 114-A)

MODULE – III
Expert opinion
Character
Oral and documentary evidence (Sec.59-78)
General Principles concerning oral evidence (Sections 59-60)
General principles concerning Documentary Evidence (Sections 61-90)
General principles regarding Exclusion of Oral by Documentary Evidence (Ss91-100)
Rules relating to Burden of proof (Sec.101-105)
Estoppel (Sec.115-117)
Privileged Communications (Sec.122-129)

MODULE – IV

70
Examination of witnesses
Witnesses, Examination and Cross Examination (Sections 118-166)
Competency to testify (Section 118-121)
Number of Witnesses (Section 134)
General principles of examination and cross examination (Section 135-166)
Leading questions (Section 141-143)
Evidence by accomplice (Sec.133 with 114(b))
Judicial notice (Sec.114)
Dowry Death (Sec.113-B)
Certain Offences (Sec.111-A)
Credit of witness
Refreshing memory

PRESCRIBED STATUTES:
The Indian Evidence Act, 1872

RECOMMENDED TEXT BOOKS:


1) Rattan LalDheerajLal – Law of Evidence
2) Monir – Evidence
3) Batuklal – Law of Evidence
4) Vepa P. Sarathi- Law of Evidence
5) Avtar Singh – Evidence
6) Sarkar and Manohar, Sarkar on Evidence (1999), Wadhwa and Co. Nagpur
7) Indian Evidence Act, (Amendment up to date)
8) Polein Murphy, Evidence (5th Edn. Reprint 2000) Universal Delhi
9) Albert S. Osborn, The problem of Proof
10) Avtar Singh, Principles of the Law of Evidence (2008) Central Law Agency, New Delhi
11) Ameer Ali and Woodroffe- Law of Evidence, Butterworths 18th Ed. (2009)
12) Phipson and Elliot Manual of Law of evidence, Universal publishing, New Delhi, 2001
13) Wigmore on Evidence, Tillers (revised ed. 1983), Kluwer India Pvt. Ltd., 2008

CASE LAWS:
1) R v. foster (1834)6 C AND s

71
2) Shyam nandan singh v. state of bihar 1991 cri LJ 3350
3) R v. Christie (1914) AC 545
4) R v. bedingfield (1879) 14 cox C.C. 314
5) Banarasi das v. kanshi ram AIR 1963 SC 1165
6) Bishwanath Prasad v. dwaraka Prasad AIR 1974 SC 119
7) Pakala narayanswami v. Emperor AIR 1939 PC 47
8) Nishi kant jha v. state of Bihar AIR 1968 SC
9) R. Kuppuswamy v. state 2013 (3)SCC 322
10) Mohmed amin v. central bureau of investigation (2008) 15 SCC 49
11) Sitaram v. state of UP AIR 1966 SC 1906
12) Miranda v. the state of Arizona 1966
13) Pulukari kottaya v. emperor AIR 1947 PC 67
14) Krishan v. state of Haryana (2013) 3 SCC
15) P mani v. state of tamil nadu (2006) 3 SCC 161
16) Queen empress v. Abdullah ILR 7 ALL 385
17) Bhagwan singh v. shyam AIR 1964 PAT 301
18) Ambika kaul v. CBSE (2015) P AND H
19) Aziz bano v. mohd. Ibrahim hussain ILR (1975) 47 ALL 823
20) Selvi v. state of karnatka AIR 2010 SC 1974
21) Ram narayan v. state of UP AIR 1968 GOA 72
22) Kishore samrite v. state of UP (2013) 2 SCC 398
23) State of rajasthan v. babu meena (2013) 4 SCC 206
24) Anvar P.V v. basher and others (civil appeal 4226 of 2012)
25) State of haryana v. raj kaur AIR 2001 P and H 322
26) Smt. Rekha and others v. smt ratanshree jain AIR 2006 MP 107

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB402 ADMINISTRATIVE LAW

PREREQUISITE NIL

72
OBJECTIVES:
The aim of this course is to enable students, through the study of cases, statutes and other
material, to acquire a comprehensive knowledge and understanding of Indian administrative law.
The course covers the laws relating to the establishment, structures, and source of powers,
procedures of administrative officials and other administrative organs of government.

LEARNING OUTCOMES:
On successful completion of this course, students will be able to:
1) Analyze the advanced principles of administrative law
2) Conduct legal research and analyze government decision making.
3) Recognize and explain the relevance of the Constitution and constitutional concepts to the
development of Indian administrative law institutions.
4) Critically evaluate research complex problems relating to Administrative Law and the impact
of the law on administrative decision-making.
5) Synthesize relevant policy issues using legislation, case laws and secondary source materials.
6) Explain, apply and appraise the principles of judicial review of administrative action.
7) Appraise the interaction between the various institutions of administrative law

MODULE I
Evolution, Nature and Scope of Administrative law, Reasons for growth of Administrative Law,
Classification of Administrative law
Relationship between Administrative law and Constitutional Law
Doctrine of rule of law, judicial activism and Concept of Rule of Law in India
Doctrine of separation of powers
MODULE - II
Excessive delegation, Permissible and impermissible delegation
Delegated Legislation- Meaning, Need, Types of Delegated Legislation, Constitutionality of
Delegated Legislation,
Rules and Principles of Administrative Rule making/ Delegated Legislation, Conditional and
Sub- Delegation

73
MODULE- III
Writ Jurisdiction under Article 32 and 226, Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo
Warranto
Judicial control of Administrative Actions
Rule related to Locus Standi
Doctrine of Ultra Vires
Public Interest Litigation

MODULE - IV
Administrative Discretion
Principles of Natural Justice
i. Rule against Bias
ii. Audi Alteram Partem
iii. Speaking Order
Nature of Administrative Tribunals: Constitution, Powers, Procedures, Rules of Evidence
Doctrine of Legitimate Expectations
Concept of Ombudsman
Transparency and accountability of the administration; Right to Information under the Constitution of
India

SUGGESTED REFERENCES:
1) MP Jain and SN Jain: Principles of Administrative Law
2) I P Massey: Administrative Law
3) C K Takwani: Lectures on Administrative Law
4) D DBasu: Administrative Law
5) S P Sathe: Administrative Law
6) M C Jain Kagzi: The Indian Administrative Law
7) O. Hood Philips and Jackson: Administrative Law
8) H.W.R. Wade and C.F. Forsyth: Administrative Law
9) Griffith and Street: Principles of Administrative Law
10) MC Jain Kagzi and Balbir Singh, A Casebook of Administrative Law

CASE LAWS:
1) Ram JawayaKapur v. State of Punjab, AIR 1955 SC 549

74
2) Asif Hameed v. State of J. & K., AIR 1989 SC 1899
3) State of M.P. v. Bharat Singh, AIR 1967 SC 1170
4) His Holiness KesavanandaBharatiSripadagalvaru and Ors. v. State of Kerala and Anr.
(1973) 4 SCC 225
5) Indira Gandhi v. Raj Narain AIR 1975 SC 2299
6) In Re Delhi Laws Act, AIR 1951 SC 332
7) Avinder Singh V. State of Punjab AIR 1979 SC 321
8) LachmiNarainv.Union of India, AIR 1976 SC 714
9) DarshanLalMehrav.Union of India, AIR 1992 SC 1848
10) Rajnarain Singh v.Chairman, Patna Administration Committee, AIR 1954SC 519
11) Syed Yakoob v. K.S. RadhaKrishanan(1964) 5 SCR 64
12) Surya DevRai v. Ram ChanderRai, AIR 2003 SC 3044
13) AnadiMuktaSadguru S.M.V.S.S.J.M.S. Trust v.V.R. Rudani,(1989) 2 SCC 691
14) State of Punjab V. Ram LubhayaBagga (1998) 4 SCC 117
15) MansukhlalVithaldas Chauhan V. State of Gujarat AIR 1997 SC 3400
16) Re Kerala Education Bill AIR 1958 SC 956
17) Maneka Gandhi v.Union of India (1978) 1 SCC 248
18) ManakLal V. Prem Chand AIR 1957 SC 125
19) G. N. Nayak V. Goa University AIR 2002 SC 790
20) Minerva Mills V. Union of India AIR 1980 SC 1789

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB403 COMPANY LAW

PREREQUISITE NIL

75
PURPOSE:
The main purpose of the course is to acquire knowledge and develop understanding of the
regulatory framework of companies with reference to various provisions of the Companies Act
including case laws.

OBJECTIVES:
In view of increasing emphasis on adherence to norms of good corporate governance, Company
law assumes an added importance in the corporate legislative milieu, as it deals with structure,
management, administration and conduct of affairs of Companies. It is important for the students
to understand the concept and legal provision of Company law very well as this forms as major
part of working in future whether in practice or employment. The main objective is to provide
students with knowledge and appreciation of the major core topics in Company Law including
the legal nature of the company as a business structure, the legal implications of separate
corporate personality including limited liability, the validity of contracts made with companies,
the role of the board of directors and their legal duties as directors and the legal protection of
shareholders.

LEARNING OUTCOMES:
Upon completion of the course, the students will be able to:
1) Understand the economic function of the company as a legal structure for business, the
legal nature and significance of the limited liability of a company, the price paid for
limited liability, the legal nature of the role of the board of directors of a company and of
the legal relationships between a company's management and its various stakeholders.
2) Become Familiar with the current policy trends and developments in Company Law and
of the likely impact of these trends and developments on the major topics in Company
Law.
3) Identify legal and practical issues relevant to one particular party in a given scenario, to
analyze the scenario from the perspective of that party and to formulate relevant and
practical advice for the benefit of that party.
4) Develop an argument persuasively and think logically and to identify and solve legal problems.

MODULE – I

76
Nature and Kinds of Companies: Definition; Evolution; History of Company Legislation in India
Meaning and Nature of Company with Emphasis on its Advantages and Disadvantages over
other forms of Business organizations
Concept of Separate Legal Entity; Lifting of the Corporate Veil, Statutory Exceptions to Limited
Liability
Kinds of Companies – Public Sec.2(71) and Private Companies Sec.2(68); Holding Sec.2(46)
and Subsidiary Companies Sec.2(87); Limited and Unlimited Companies Sec.2(92); Share-
holding and Guarantee Companies Sec.2(21/22); Producer Companies; Small company
Sec.2(85); One person company Sec.2(62); Government company Sec.2(45); and foreign
company Sec.2(42).

MODULE – II
Formation of Company & Company’s Constitutional Documents:
Promotion of Company, Promoters Sec.2 (69), their position, Powers, Duties and Liabilities
Formation of Company (Sec.3), Effects of Certificate of Incorporation and Registration of
company (Sec.9)
Memorandum of Association (Section 4)- Importance; Registration and Its Effect; Binding
Nature; Clauses in Memorandum of Association, Alteration of Memorandum of Association
Articles of Association (Section 5) –Alteration; Binding Nature of Articles of Association
between members/shareholders inter se and also outsiders; Rule of Constructive Notice;
Doctrine of Indoor Management and its exceptions.
Doctrine of Ultra vires – A critical analysis of doctrine of Ultra Vires.

MODULE – III
Prospectus & Company’s Share Capital:
Prospectus – Definition Sec. 2(70), Kinds- Abridged Sec.2 (1), Deemed Sec.25, Shelf Sec. 31,
Red-Herring Sec. 32; Registration Sec.26, Remedies against Misrepresentation, Liabilities- Civil
and Criminal (Section 34 & 35)
Share Capital and Debenture- The nature and classification of share capital, General principles of
allotment; Issue of security at premium, Issue of share at Discount, Issue of sweat equity share,
Buy-back of security, Further issue of share capital, Statutory share certificate and its effects.

77
Debentures and its nature; Difference between share and debenture, Transfer and Transmission
of shares, SEBI guidelines with respect to prospectus, shares and debenture

MODULE – IV
Corporate Administration and Winding Up:
Corporate Governance- Appointment of Directors; Duties of Directors and their Criminal and
Civil liabilities, Director’s Identification Number Sec.153-159; Independent Director
General Meeting- Types / Kinds of Meetings, Essential Conditions of a Valid Meeting,
Procedure for Calling Company Meetings.
Prevention of Oppression and Mismanagement (Sec.241-244); Class Action Suit (Sec.245)
Introduction to CSR; Need for CSR; CSR Sec. 135 under Companies Act, 2013
Winding Up of Companies-Modes of Winding up (Sec.270) ; Winding up by the Tribunal
Sec.271-303.

PRESCRIBED STATUTES:
1) The Companies Act, 2013

RECOMMENDED TEXT BOOKS:


1) Avtar Singh, Company Law (17th ed., 2019)
2) A. Ramaiya, Guide to the Companies Act (17th ed., 2010)

REFERENCES:
1) Paul L. Davies, Gower and Davies Principles of Modern Company Law (Latest edition)
2) Gower’s and Davies’ Principles of Modern Company Law, (8th ed., 2008)
3) M.Y.Khan, Indian Financial System (8th edition 2019)
4) Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford University
Press (8th ed., 2008)
5) Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed.,
2012)
6) Bharti V. Pathak, Indian Financial System (5th edition 2019)
7) H.K.Saharay, Company Law , (6th ed., 2012)
8) Dr. G.K.Kapoor and Dr. Sanjay Dhamija, Company law and Practice, Taxmann’s ( 24
edition., 2019)

78
9) Reena and Sumant Chadha, Company Law, (10th ed.,2018)
10) N.D.Kapoor, Elements of Company law (31st ed.,2019)
11) The Companies (Amendment) Bill, 2020
12) Human Rights Responsibility of Multinational Corporations, Political Ecology of
Injustice: Learning from Bhopal Thirty Plus? By Prof. Upendra Baxi
13) Chartered Secretary: ICSI, New Delhi
14) Corporate Law Adviser
15) Company Law Journal

CASE LAWS:
1) Salomon v. Salomon & Co., Ltd. (1897) A.C. 22 (H.L.): (1895-95) All ER Rep. 33
2) State Trading Corporation v. CTO, AIR 1963 SC 811
3) TELCO v. State of Bihar, AIR 1965 SC 40
4) R.C. Cooper v. Union of India (1970) 3 SCR 530
5) Daimler Co., Ltd. v. Continental Tyre and Rubber Co. (Great Britain), Ltd., 1916 AC 307
: (1916-17) All ER Rep. 191
6) Lee v. Lee’s Air Farming, Ltd. (1960) 3 All E.R. 420
7) In re Sir Dinshaw Maneckjee Petit, AIR 1927 Bom. 371
8) CIT v. Meenakshi Mills Ltd., AIR 1967 SC 819: (1967) 1 SCR 934
9) Workmen v. Associated Rubber Industries Ltd. (1985) 4 SCC 114: (1986) 59 Comp. Cas.
134 (SC)
10) Gilford Motor Co., Ltd. v. Horne (1933) 1 Ch. 935
11) Subhra Mukherjee v. Bharat Coking Coal Ltd. (2000) 3 SCC 312
12) Kapila Hingorani v. State of Bihar (2003) 6 SCC 1
13) Erlanger v. New Sombrero Phosphate Co. (1878) 3 AC 1218
14) Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875) L.R.7 H.L.: (1874-80) All
ER Rep. 2219 (HL)
15) Cotman v. Brougham, (1918-19) All ER Rep. 265 (HL)
16) Royal British Bank v. Turquand (1856) 119 ER 886 : (1843-60) All ER Rep. 435
17) Nash v. Lynde (1929) A.C. 158
18) Pramatha Nath Sanyal v. Kali Kumar Dutt AIR 1925 Cal. 714
19) Govt. Stock Securities Investment Co. Ltd. v. Christopher (1956) WLR 237
79
20) Rex v. Kylsant (1932) 1 K.B 42
21) Foss v. Harbottle (1843) 2 Hare 461: (1843) 67 ER 189
22) M.S.D.C. Radharamanan v. M.S.D. Chandrasekara Raqja (2008) 6 SCC 750: AIR 2008
SC 1738
23) German Date Coffee Co., In Re (1882) 20 Ch. D. 169
24) Seth Mohan Lal v. Grain Chambers Ltd., AIR 1968 SC 772
25) Aluminum Corporation of India Ltd. v. M/s. Lakshmi Rattan Cotton Mills Co. Ltd., AIR
1970 All. 452

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB404 LABOUR & INDUSTRIAL LAW-II

PREREQUISITE NIL

OBJECTIVES:

1) To learn the wages, wage policies, compensation,


2) To learn the laws relating to Social Security of employees.
3) To study to facilitate the women as maternity aspect.
4) To study the all benefits of retirement.
LEARNING OUTCOMES:
Students will know the basics features wages, wage policies, compensation of Labour Laws.
They will learn welfare of women on maternity conditions. They can also learn elements of
retirement benefits.

MODULE-I
The Employee’s Compensation Act, 1923: Definition of Dependant, Workman, Partial
Disablement and Total Disablement ,Employer’s Liability for Compensation, Scope of Arising
80
out of and in the Course of Employment ,Doctrine of Notional Extension , When Employer is not
liable , Employer’s Liability when Contract or is engaged ,Amount of Compensation .
Distribution of Compensation, Procedure in Proceedings before Commissioner, Appeals
,Conceptual frame work of Social Security, Evolution and concept of Social Security, Scheme of
Social Security.
Employees’ State Insurance Act, 1948: ESI Corporation, Standing Committee and Medical
Benefit Council, Contributions and Benefits, Adjudication of Disputes & Claims

MODULE-II
The Minimum Wages Act, 1948: Concept of Minimum Wage, Fair Wage, Living Wage and
Need Based Minimum Wage, Constitutional Validity of the Minimum Wages Act, 1948
,Procedure for Fixation and Revision of Minimum Wages , Fixation of Minimum Rates of Wage
by Time Rate or by Piece Rate, Procedure for Hearing and Deciding Claims
The Equal Remuneration Act, 1976: Payment of Remuneration at equal rates to Men and
Women workers and other matters.

MODULE-III
Maternity Benefit Act, 1961: Aims & Object, Definitions, Restriction on employment, Right to
Maternity Benefit, Medical Bonus, Leave Dismissal during Pregnancy, Forfeiture of Maternity
benefit, Leave for Miscarriage, Penalty for contravention of Act by Employer, Cognizance of
offences.
The Payment of Gratuity Act, 1972: Aims and Objects of Act, Definition, Controlling Authority,
Payment of Gratuity, Recovery of Gratuity, Determination of the amount of Gratuity

MODULE-IV
Payment of Wages Act, 1936: Object, Scope and Application of the Act, Definition of Wage,
Responsibility for Payment of Wages, Fixation of Wage Period, Time of Payment of Wage,
Deductions which may be made from Wages, Maximum Amount of Deduction
The Payment of Bonus Act: Scope and Application, Definitions, Computation of Gross profit
and available surplus Eligibility for Bonus, Disqualification for Bonus, Minimum and Maximum
Bonus.

81
RECOMMENDED TEXT BOOKS:
1) PL Malik, Industrial Law, Eastern Book Company, 2013
2) S.N .Misra,Labour and Industrial Laws, Central law publications.

PRESCRIBED STATUTES:
1) Employees Compensation Act, 1923
2) The Minimum Wages Act, 1948
3) The Payment of Bonus Act
4) Maternity Benefit Act, 1961
5) Payment of Wages Act, 1936
6) The Equal Remuneration Act, 1976
7) The Payment of Gratuity Act, 1972

REFERENCES:
1) Surya Narayan Misra, An Introduction to Labour and Industrial Law, Allahabad Law
Agency, 1978
2) S.C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House, New
Delhi
3) Chaturvedi, Labour and Industrial Law, 2004
4) S.C. Srivastava, Commentaries on the Factories Act, 1948, Universal Law Publishing
House, Delhi
5) H.L. Kumar, Workmen’s Compensation Act, 1923
6) Industrial, Labour & Law By Sangeet Kedia
7) Introduction to Labour and Industrial Laws By Avtar Singh & Harpreet Kaur
8) Labour Laws by Taxmann
9) Labour Law by N C Jain
10) Labour and Industrial Laws by S K Puri
11) Labour & Industrial Laws by Sunil Yadav
12) Introduction to Labour And Industrial Law By Avtar Singh
13) Dr. Goswami, Labour and Industrial Law, Central Law Agency
14) Labour Laws By S. D. Puri & Sandeep Puri
15) Indian Law Institute, Cases and Materials on Labour Law and Labour Relations

82
CASE LAWS:
1) The Management of Regional Chief Engineer P.H.E.D. Ranchi vs. Their Workmen Rep.
by District Secretary. 2018 LLR 1167 (S.C.)
2) National Kamgar Union vs. Kran Rader Pvt. Ltd. & Ors. 2018 LLR 159 (S.C.)
3) District Development Officer & Anr. vs. Satish Kantilal Amrella. 2018 LLR 225 (S.C.)
4) Kurukshetra University vs. Prithvi Singh. 2018 LLR 371 (S.C.)
5) Employees' State Insurance Corporation vs. Hindustan Milkfood Manugacturers Ltd. and
Others. 2018 LLR 119 (S.C.)
6) Union Bank of India and Others vs. C.G. Ajay Babu and Another. 2018 LLR 1051 (S.C)
7) Director Aryabhatta Research Institute of Observational Sciences (ARIES) & Anr. vs.
Devendra Joshi & Ors. 2018 LLR 579 (S.C.)
8) State of Rajasthan vs. Ram Prasad and another (2001) I L.L.J.177(SC)
9) Sahdeo Sahu vs. State of M.P.and another (1990) II L.l.J. 402 (MP)
10) Municipal Council Hatta vs. Bhagat Singh AIR 1998 Sc 1201
11) Anand Oil Industries vs. Labour Court ,Hyderabad AIR 1979 AP 182.
12) Baboo Husain vs. N.P. Nopany (1979) I L.LJ.103 (Guj.)
13) Netram Sahu vs. State of Chhattisgarh & Anr. 2018 LLR 461; 2018 (157) FLR 477 (S.C.)
14) Rajasthan State Road Transport Corporation vs. Shri Phool Chand (Dead) Through: LRs.
2018 LLR 1169 (S.C.)
15) Union Bank of India and Others vs. C.G. Ajay Babu and Another. 2018 LLR 1051 (S.C)
16) D.P. Kelkar vs.Ambadas, AIR 1971 Bom 124
17) S.R.T.Corporation vs. Industrial Court, AIR 1971 MB 54.
18) Managing Director, NEKRTC, Karnataka vs. Shivasharanappa. 2018 LLR 164 (S.C.)
19) Shree Ambika Mills co.Ltd vs S.B.Bhatt ,AIR 1961 SC 970
20) Bombay Gas Ltd. Vs. Shridharbhau Parah, AIR 1962 Sc 1196

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB405 INTERPRETATION OF STATUTES

PREREQUISITE NIL

83
OBJECTIVES:
A massive corpus of principles to understand statutes, evolved by the Common Law Courts
basically over several decades, Interpretation of Statutes has assumed a very important place. No
study of law would be complete without appreciating this branch, and hence, this Paper certainly
is a must for students. It is devised to appeal to the inquisitive mind of the students .

LEARNING OUTCOMES
On successful completion of this course, a student will be able to:
1) Locate, identify and be able to critically analyze relevant statues, statutory provisions and
legislative instruments, as well as pertinent judicial authority.
2) Interpret the appropriate provisions using the accepted tools and techniques of statutory
interpretations.
3) Apply statutory provisions to fact scenarios and communicate the interpretation, nature
and effect of statutory provisions to relevant stakeholders, such as clients and courts.

MODULE– I
The Method of Law Reform, Law Making: Legislature, Executive and the Judiciary, Principles of
Legislation, Principle of Utility, Law and Public Opinion, Law and Social Control, Trends in
Constitutional Interpretation, Law and Morals, Internal Aids to Interpretation, External Aids to
Interpretation

MODULE– II
Meaning of Interpretation, Need for Interpretation, Act, Enactment, Statutes, Ordinances, Rules,
etc, Meaning of the term Statute, Enactment, Interpretation and Construction, Kinds of Statutes,
Statutes are valid, Intention of the Legislature, Commencement, operation, repeal and revival of statutes,
Statute must be read as a whole in its context.

MODULE– III

84
Necessity for Rules of Interpretation, Literal Rule, Mischief Rule, Golden Rule, Harmonious
Construction, Noscitur a sociis, Ejusdem generis, Reddendo Singula Singulis, ut res magis valeat quam
pereat, In bonam partem, Delegatus non potest delegare, Expressio unius exclusio alterius.

MODULE– IV
Presumptions of Interpretation: Presumption of constitutionality of a statute; presumption against
exceeding constitutional powers, Legislature is presumed to know the Law, Construction most
Agreeable to Justice and Reasons, Interpretation of Directory and Mandatory provision,
Beneficial Construction, Taxing Statutes, Penal Statutes, Delegated Legislation in Indian Aspect.

RECOMMENDED TEXT BOOKS:


1) P.St.Langan (Ed.), Maxwell on the Interpretation of Statutes, (1997), V.P.Sarthi,
Interpretation of Statutes, Eastern book Company, 5th Edition, 2010.
2) P. St. J. Langan, Maxwell’s on the Interpretation of Statutes, Lexis Nexis, 12th Edition,
1969.
3) Kafaltiya A.B., Interpretation Of Statutes, Universal Law Publishing, 2008
4) P.M. Bakshi, Statutory Interpretation of Statutes, 1st Edn., R/P
5) Dr. Avtar Singh, Introduction to the Interpretation of Statutes, 3rd Edition, 2009
6) Prof. T. Bhattacharya, The Interpretation of Statutes, Central Law Agency, 8 th Edition,
2017
7) Maxwell, Interpretation of Statutes,12th Edition,2010.
8) V.S. Datey, Interpretation of Statutes, Hardpress Publisher, 2019
9) Frank B. Cross, The Theory and Practice of Statutory Interpretation, 2008

REFERENCES:
1) G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis, 13th Edition, 2012
2) N.S. Bindra, Interpretation of Statutes, Lexis Nexis, 2016.
3) Bakshi BM, Interpretation of Statutes, Orient Publisher, 2008.
4) K. Benthem, The Theory of Legislation, N.M. Tripathi, Bompay,pp.1-52.
5) Sir Peter Benson, Interpretation of Statutes, Kindle Edition.
6) Justice GP Singh on Principles of Statutory Interpretation, Lexis Nexis, 1st Edition,2016
7) D.N. Mathur, Interpretation of Statutes, Central Law Publications, Fifth Edition, 2015
8) M.P. Tandon, Interpretation of Statutes & Legislation, Allahabad Law Agency,2015

85
9) B.M. Gandhi,Interpretation of Statutes, Published by Eastern Book Company, 2nd
Edition, 2014
10) Satish Kumar, Interpretation of Statutes, Singhal Law Publications; 8 edition (2018)
11) Crawford, Interpretation of Statutes, Universal Publishers, Delhi
12) Theory of Legislation – Jeremy Bentham – Butter worths Publications
13) Limited Government and Judicial Review by D.D. Basu
14) Interpretation of Statutes – Chatterjee.
15) G.E.Devenish, Interpretation of Statutes, Juta & Co; 1st edition (1992)

CASE LAWS:
1) A.K. Roy v. Voltas Ltd., AIR 1973 93) SCC 503
2) A.N. Parasuraman v. State of T.N., AIR 1991 SC 1406
3) Ashok(Dr.) v. State of U.P., 1997(5) SCC 201
4) P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
5) Ramavtar Budhaiprasad v. Assistant Sales Tax Officer, AIR 1961 SC 1325
6) M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar, AIR 1962 SC 660
7) M.V. Joshi v. M.U. Shimpi, AIR 1961 SC 1494
8) Heydon’s case, (1584) 3 Co. Rep. 7
9) S.R. Chaudhary v. State of Punjab, (2001) 7 SCC 126
10) Naz Foundation v. Union of India (160) 2009 DLT 277
11) Avtar Singh v. State of Punjab, AIR 1965 SC 666
12) The Empress Mills, Nagpur v. The Municipal Committee, Wardha, AIR 1958 SC 341
13) Calcutta Gas Co. v. State of West Bengal, AIR 1962 SC 1044
14) Calcutta Municipal Corporation v. East India Hotels Ltd., (1994) 5 SCC 690
15) M/s Hiralal Rattanlal v. State of Uttar Pradesh, (1973) 1 SCC 216
16) Shashikant Laxman Kale v. Union of India, AIR 1990 SC 2114
17) Shankari Prasad v. Union of India AIR 1951 SC 458
18) Sajjan Singh v. State of Rajasthan AIR 1965 SC 845
19) Kehar Singh v. Union of India AIR 1989 SC 653
20) Geetika Panwar v. Govt. of NCT of Delhi AIR 1952 SC 369
21) Union of India v. Venkateshan AIR 2002 SC 1890
22) Kanwar Singh v. Delhi Administration AIR 1965 SC 871

86
23) Mangoo Singh v. Election Tribunal AIR 1957 SC 871
24) Rani kusum v. Kanchan Devi AIR 2005 SC 3304
25) Salem Advocate Bar Association v. Union of India AIR 2005 SC 3353
26) Delhi Transport Corpn. V. D.T.C. Mazdoor Congress
27) Aswini Kumar Ghose v. Arabinda Bose AIR 1952 SC 369
28) Lila Vati Bai v. State of Bombay 1973 SC1034
29) Golak Nath v. State of Punjab AIR 1967 SC 1643
30) Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB406 BANKING LAW

PREREQUISITE NIL

OBJECTIVE: The objective of the course is to impart knowledge about structure of banking
system in India with its legal and regulatory framework and its historical development. The
students would be made aware of the functioning of banks, legal nature of banker-customer
relationship, principles of bank lending and recovery, digital banking and nature of banking
frauds.
LEARNING OUTCOMES: After completion of this course, the students will be:
• familiar with evolution of Banks in India and the present structure of Indian Banking
• well acquainted with the functions of banks in India as a vehicle of economic
development
• well familiar with the legal and regulatory framework of banking in India
• able to appreciate the legal nature of banker-customer relationship and bankers’ liability
towards the customers
• exposed to the nuances of credit appraisal, credit management, recovery of advances and
laws relating thereto
• well familiar with the technological aspects of banking in India

87
• able to understand criminal aspects of banking in terms of frauds in deposits, advances
and other technological areas
• able to draft pleadings on behalf of and against the banks

MODULE-I
History of Banking in India
Structure of banking system in India: Kinds of banks and their Functions
Banking Regulation Laws: Reserve bank of India Act, 1934
Banking Regulation Act, 1949
Bank Nationalization and Social Control over banking
Post 1991 Banking sector reforms
MODULE-II
Relationship between Banker and Customer: Legal Character
Contract between Banker and Customer
Bank’s Duty to Customers
Liability under Consumer Protection Act, 1986
MODULE-III
Loans and Advances , Methods of granting Advances, Principles of Bank Lending
Nature of Securities and mode of charging, Guarantees and Letter of Credits
Priority Sector and Position of Weaker Sections
Default and Recovery, Debt Recovery Laws: The Recovery of debts and Bankruptcy Act, 1993,
Recovery of Debts with and without the intervention of the Courts/Tribunals, Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (Definitions,
S-13, S-17), Insolvency and Bankruptcy Code,2016

MODULE-IV
Nature of Banking Frauds
Legal Regime to Control Banking Frauds
Recent Trends in Banking: Automatic Teller Machine and Internet Banking, NEFT, RTGS,
IMPS,UPI, Smart Cards, Credit Cards

88
RECOMMENDED BOOKS:
1. Tannan M L : Banking Law and Practice in India, Lexis Nexis
2. Varshney P.N.: Banking Law and Practice, Sultan Chand & Sons, Delhi
3. Shekhar K.C. and Shekhar Lekshmy, Banking Theory and Practice, Vikas Publishing House,
2005
4. Jyotsana Sethi Nishwar Bhatia: Elements of Banking and Insurance, PHI Publishers, 2 nd
Edition, 2013

COURSE CODE COURSE NAME L T P C


4 - - 4
20LLB407 MOOT COURT & INTERNSHIP

PREREQUISITE NIL

Practical Training- (Moot-Court, Pre-Trial Preparation and Participation in Trial Procedures)

1. Moot-court —30Marks
(The Moot Court work will be on assigned problem and it will be evaluated for 5 marks for
written submission and 5 marks for oral advocacy).

2. Observance of Trial — 30 Marks

A] Civil Trial

B] Criminal Trial

3. Interviewing Techniques and Pre-Trial Preparation — 30 Marks


4. Viva-Voce by External -- 10Marks

89
SEMESTER-V

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB501 PRINCIPLES OF TAXATION LAW

PREREQUISITE NIL

OBJECTIVES:
To understand the concept of Taxation, heads of income, income assessment procedures,
adjudication and settlement of tax disputes are the focus points of study. Identify the
determinants of taxable income and the statutory exclusions that are permitted, become familiar
with the deduction component of the basic tax model; learn various other components that relate
to the theme of tax liability determination.

LEARNING OUTCOMES:
After successful completion of this course Students will be able to:
1) Exhibit sophisticated knowledge related to tax law and rules and regulations and analyze
tax problems
2) Identify, define, and resolve tax issues through their understanding, knowledge, and
application of income tax
3) Recognize and apply relevant ethical standards as required in tax practice
4) Write and deliver skilful direct tax communications and demonstrate an understanding of
tax issues from a national perspective
5) Define the procedure of direct tax assessment
6) Able to file IT return on individual basis

90
7) Able to compute total income and define tax complicacies and structure
8) Able to understand amendments made from time to time in Finance Act
9) Differentiate between direct and indirect tax assessment

MODULE-I
Meaning of Tax, Types of Tax, Difference between direct and indirect tax
Tax system in India and Constitution of India
Difference between Tax and Duty
Capital Receipt and Revenue Receipt
Capital Expenditure and revenue Expenditure

MODULE-II
Income-Meaning and Concept, Application of Income and Diversion of Income
Agricultural Income
Assesses, Assessment year and Previous Year
Residential Status and Tax Liability of Assesses
Heads of Income
Salary, Income from house property, Capital gains

MODULE-III
Income of other person included in Assesses Total Income
Set off and Carry Forward of Losses
Income which do not form part of total income
Importance of Deductions under the Income Tax act
Deductions under Section 80 C, 80 D, 80 CCE, 80 G, 80 U

MODULE-IV
Assessment: Meaning of Assessment, Types of Assessment, Procedure for Assessment
Rectification of Mistakes
Appeal, Reference and Revision
Penalties

91
Income Tax Authorities

REFERENCE BOOKS:
1) Tax law by Dr. Reeta GargSatyam law international; 1st edition (2016)
2) Dr. Kailash Rai : Taxation Law (Allahabad law Agency)
3) Dr. V.K. Singhania : Students Guide to Income Tax
4) Kanga, Palkhiwala and Vyas, The Law and Practice of Income Tax (Lexis Nexis
Butterworths)
5) A. C. Sampath Iyengar, The Law of Income Tax, Bharat Law House
6) Chaturvedi and Pithisaria’s Income Tax Law
7) Girish Ahuja & Ravi Gupta, Direct Tax- Law and Practice (Bharat Publication)
8) The Income Tax Act, 1961

CASE LAWS:
1) John Smith & Sons v. Moore, 12 T.C. 266
2) Assam Bengal Cement Co. v. C.I.T., (1955) 27 I.T.R 34 (S.C.)
3) CIT v. G.R. Karthikeya, 1993 Supp (3) SCC 222
4) ProvatKumar Mitter vs C.I.T., (1961) 41 I.T.R. 624 (S.C.)
5) Bejay Singh Dudhuria vs C.I.T., (1933) 1 I.T.R. 135 (P.C.)
6) C.I.T. vs Kamakhya Narain Singh (1948) 16 I.T.R. 325(P.C)
7) C.I.T. vs Roy Benoy Kumar Sahas Roy, (1957) 32 I.T.R. 466 (S.C)
8) Union of India vs V.S. Muthyam Reddy A.I.R. 1999 S.C. 3881.
9) Chatturam Horitram vs C.I.T., (1953) 27 I.T.R. 709 (S.C.)
10) Wallace Bros. & Co. Ltd. vs C.I.T. (1948) 16 I.T.R. 240 (P.C.)
11) C.I.T. v. Raja Textiles ltd., (1977) 106 I.T.R. 408
12) Narottan & Pereira Ltd. v. C.I.T., (1953) 23 I.T.R 454 (Bom.).
13) Shri Sobhag Mal Lodha v. C.I.T., (1967) 63 I.T.R. 424 (All.)
14) Lakshmi Narayan Ram Gopal & Sons Ltd. vs The Govt. of Hyderabad, (1954) 25 I.T.R.
449 (S.C.)
15) Karamchari Union v. Union of India, A.I.R. 2000 S.C. 1226
16) Probhat Chandra Barua v. Emperor, A.I.R. 1930 P.C. 209.
17) S.G.Mercantile Corporation Ltd. vs C.I.T., (1972) 83 I.T.R 700 (S.C)

92
18) Maharaja Rana Hemant Singh v. C.I.T., (1986) 103 I.T.R. 61 (S.C.).
19) Marybonf and Kyel Tea Industries Ltd. v. C.I.T., A.I.R. 1997 S.C. 1878.
20) Provat Kumar mitter vs C.I.T., (1961) 41 I.T.R. 624 (S.C.)
21) C.I.T. v. Bhunwaneshwari Kore, (1964) 43 I.T.R 195 (S.C.)
22) Tulsidas Kalachand v. C.I.T. (1961) 42 I.T.R 1 (S.C.).
23) Maina Devi Goenka v. Union of India, 1978 Tax L.R. 348 (Cal.)
24) C.I.T. v. Badridas Ramrai, (1939) 7 I.T.R. 613
25) Income Tax Appellate Tribunal v. Deputy Commissioner of Income Tax, A.I.R. 1996
(S.C.) 1066

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB502 LAND LAWS

PREREQUISITE NIL

OBJECTIVES:
The object of this paper is to focus on land reforms in India, Constitutional provisions related to
land reforms, Land Acquisition, Rehabilitation and Resettlement Act, 2013, Urban Real Estate
Development Laws and the Provisions of the Rent Laws under the Delhi Rent Control Act, 1958.

LEARNING OUTCOMES:
As about 60% of the Indian population mainly depend on the agriculture and land is precious to
the agriculturists for sustaining their livelihood. Each state has the power to make special laws or
rules with respect to the land under its jurisdiction with respect to transfer of property. Land laws
addresses the legal mandates set forth by a country in regards to land ownership. This course will
provide in depth knowledge on central and state land laws. It will help to enhance the skills,
interpretation and application of different types of land laws. And to focus on the land laws
relating to state of Haryana and Punjab basically and all the other perspective relating to the
subject have to be taught as an essential part of this course.

MODULE –I
Punjab Land Revenue Act 1887:

93
Definition of Key Words,
Revenue Officers: Their Power and Functions,
Preparation of Revenue Record: Like Documents of Jamabandi, Girdawari, Mutation, Intkaal,
Sijra Nasab (Pedigree Table) Sirjra Axe (Map of the Village),
Assessment of Land Revenue,
Collection of Land Revenue,
Concepts & Procedure of Partitions
MODULE-II
The Punjab Tenancy Act -1887:
Definition of Key Words under the Act,
Class of Tenants,
Law relating to Rent,
Law relating to Occupancy of Tenant,
Law of Ejectment of Tenants

Haryana Ceiling of Land Holding Act 1972:


Definition of Key Words (Section-3),
Concept of Permissible Area and Surplus Area (Ss-4 to 6),
Ceiling on Land,
Acquisition and Disposal of Surplus Area (SS 7 to 15),
Appeal by the Aggrieved Party (Section-18)

MODULE-III
Haryana Panchayatiraj Act 1994 (Ss 1 to 54):
Definition of Key Words,
Constitution of Gram Sabha and Gram Panchayat,
Gram Panchayat‟s Duties,
Functions and Powers,
Finance and Taxation,
Control of Gram Panchayat,
Sources of Income and Expenditure of Gram Panchayat.

94
MODULE-IV
Haryana Panchayatiraj Act 1994 & Pachayati Samati:
Definition of Key Words,
Conduct of Business of Panchayat Samities,
Servant of Panchayat Samities,
Duties and Powers of Panachayat Samiti,
Finance and Taxation,
Sources of Income of Panchayat Samiti,
Control of Panchayat Samiti

RECOMMENDED TEXT BOOKS:


1) Jain : Haryana Ceiling on Land Holding Act, 1972
2) Debia : Haryana Local Acts
3) Astha saxena: Land Law in India
4) Kanwal D. P. Singh: Land Laws (Including Land Acquisition and Rent Laws)

CASE LAWS:
1) Union of India (Uoi) Vs. Pramod Gupta (D) by L.Rs. and ors. Sep-07-2005
2) Punjab Singh Vs. the Financial Commissioner and ors.(1997)115PLR841
3) State of Punjab Vs. Vishkarma and Co. and ors. JT1993 (1) SC448; 1993(1) SCALE417;
1993Supp (3)
4) Mahavir Singh vs. Khiali Ram and ors. AIR2009SC1761; JT2009 (1) SC351;
5. Subhash Chand. Vs. State of Haryana and others Dec-16-2010
6. Smt. Savitri Devi and ors. Vs. Financial Commissioner and ors. (2003)135PLR123
7. Shankar and ors. Vs. Ram Saran and ors. - ILR1970Delhi94
8. Nathu Ram Mathura Prashad and anr. Vs. Mamleshwar Phashad and ors. 7(1971)
DLT100
9. Harkishan and ors. Vs. Delhi Simla Catholic Archdiocese 19(1981) DLT138
10. Chand and ors. Vs. State of Haryana and ors. AIR1979P& H19
11. Seth Nand Lal and anr. Vs. State of Haryana and ors. AIR1980SC2097; 1980Supp (1)
SCC574;

95
12. 13.Gujjar Singh vs. Kaur Singh (1995)109PLR327
13. 14.Lekh Raj vs. Muni Lal and ors.JT2001 (2) SC317; 2001(1) SCALE650;
[2001]1SCR864
14. UOI and ors Vs. Naresh ChanderAug-27-2014
15. J.A. Patel vs. Union of India (Uoi) and ors. (2005)(2)SLJ383CAT
16. Sohan Singh vs. Dhan Raj SharmaAIR1984P& H321
17. Swaran Singh vs. Kashmir SinghAIR2001P& H164
18. Smt. Rajwati vs. Smt. Rajesh Kumari and ors. (1996)113PLR141
19. 20.Dharambir vs. State of HaryanaAIR2001P& H194
20. Javed and ors. Vs. State of Haryana and ors. AIR2003SC3057; 2003(4) ALLMR (SC)
707;
21. Chhote Khan & Others V Malkhan & Others AIR 1954 SC 575
22. Jaipal Singh V Kapoor Kaur PLR 1967 Page 52
23. Gurmail Singh V P.Kumar PLR 1970 Page 365
24. Rukmini amma v. kalyani sulochana and others SCC 1992

Specializations- Option -A

COURSE CODE COURSE NAME L T P C


HISTORY & PRINCIPLES OF CRIMINAL LAW 4 1 0 4
20LLBCS503

PREREQUISITE NIL

OBJECTIVES:
The course on history and principles deals with the evolution of criminal law and how it differs
from civil law. Students acquainted with the basic elements of crime without which no crime is
possible. Study of the course make aware about the different stages of crime. The course also
provides for the criminal liability of a person even desired act has not been completed. The
course deals with general exceptions provided in Indian penal code under which a person cannot
be held liable.

LEARNING OUTCOMES:
96
The students would be able to understand the basic elements of crimes without which it is not possible to
commit a crime & situations under which a person may be justified even all the requirements of a crime
are satisfied. The study of criminal will clarify that crime may be committed without the presence of the
culprit at the spot and completion of desired act. They would be acquainted with penal provisions
provided for the crimes against body and property and they may help the society in the prevention of
crimes by making the society aware about the consequences of any crime.

MODULE-I
History of criminal law, Sources of law, Objectives of Criminal law,
Definition of crime, distinction between crime and civil law, elements of crimes,
Capacity to commit crime-criminal liability of corporations,
Inchoate crimes-stages of crime.

MODULE-II
Attempt under IPC-difference between preparation and attempt, attempt to do impossible Act,
Abetment-parties to crime, abetment by instigation, conspiracy and intentional aiding,
Mens rea, words use in the code to denote mens rea.

MODULE-III
Conitions of Non Imputability- Essential condition of responsibility,
General exceptions under IPC (76-106), infancy, insanity, drunkenness, irresistible impulse,
consent, compulsion, trifles.

MODULE-IV
Right of private defence under IPC - Right of private defense of body and of property,
commencement and continuation of right of private defence, right to private defence extends to
causing death.

CASE LAWS:
1) State of Maharashtra v. M.H.George (Air 1965 Sc 722)
2) R Vs Prince (1875) Lr 2 Ccr 154
3) R Vs Tolson (1889)23 Qbd 168

97
4) Kartar Singh Vs State Of Punjab 1994 Scc (3)569
5) P.Rathinam Vs Union Of India (Jt 1994(3) Sc 392)
6) Sherras Vs De Rutzen (1895)1 Qb 918
7) Abhayanan Mishra Vs State Of Bihar (Air 1961 C 1698)
8) Kehar Singh Vs Delhi Administration (Air 1988 Sc 1883)
9) State Of West Bengal Vs Shew Mangal Singh (Air 1981 Sc 1917)
10) Dirctor Of Public Prosecutor Vs Beared (1920 Ac 479)
11) Queen Vs Udley And Stephens (1884)14 Qbd 273
12) R Vs Daniel Mc’ Naughten (1843) 8 E.R.718
13) Darshan Singh Vs State Of Punjab (Air 2010 Sc 1212)
14) Narinder Kumar Vs State Of Jammu & Kashmir (Air 2010 Sc 3015)
15) Butta Singh Vs State Of Punjab (Air 1991 Sc 1316)
16) Kishan Vs State Of Mahya Pradesh (Air 1974sc 244)

COURSE NAME L T P C
COURSE CODE
CRIMINOLOGY PENOLOGY & VICTIMOLOGY 4 1 0 4
20LLBCS504

PREREQUISITE NIL

OBJECTIVES:
This course familiarizes the students with the historical and social contexts of the larger
questions related to criminology, Victimology, Penology Thus, it provides and overall and
interdisciplinary outlook to the entire debates on this particular area. It attempts to engage with
the empirical and theoretical concerns in a balanced fashion.

LEARNING OUTCOMES:
Students will be equipped with the theoretical and empirical knowledge related to criminology,
victimology, penology and juvenile justice. It will enable them to deal with the vexing theoretical
and empirical questions in rigorous manner. Interdisciplinary nature of the course will strengthen
their analytical skill and sound articulation.

98
MODULE-I
Introduction
Definition, Scope, Fundamentals
Determinants of crime, Norms and deviance
Role of religion and Social Structure
Definitional debates on Criminology

MODULE-II
Historical Background: Jurisprudence, Radical and Neo-classical criminology
Criminology: Schools of Thought
Crime Causation: Conceptual and Praxeological debates
Crime Causation: Multiple forms of Crimes

MODULE-III
Introduction to Victimology
Analyzing victim and victimization
Justice, Rights and Victims
Analyzing justice

MODULE-IV
Penology: Introduction
Definition
Scope of Penology
Ways of crime control
Understanding Indian penal system
Mapping Indian prison system
Policy regime

SUGGESTED READINGS:
1) Edwin H.Sutherland,Donald R Cressey and David F Luckenbill(2013) Principles of
Criiminology, University Law Publishing
2) Karen M Hess(2004) Juvenile Justice ,Cengage

99
3) Marcom M Feely and Jonathan Simon(1992) “The new penology:Notes on the emerging
strategies of corrections and its implications”, Criminology,30/449
4) R.I.Mawby and S.Walklate(1994) Critical Victimology:International Perspectives ,Sage

COURSE CODE COURSE NAME L T P C


INTERNATIONAL CRIMINAL LAW 4 1 0 4
20LLBCS505

PREREQUISITE NIL

OBJECTIVES:
The goal of the course is to provide students with the opportunity to gain deeper insight in the
area of international criminal law. This syllabus is intended as an accessibleyet challenging
explanation and appraisal of international criminal law and procedure for students. The focus is
on the crimes which are within the jurisdiction of international courts or tribunals – genocide,
crimes against humanity, war crimes and aggression – and the means of prosecuting them.It also
briefly includes terrorist offences, torture, and other crimes which are not (yet) within the
jurisdiction of an international court or tribunal. This syllabus is intended as a manageable and
useful introduction to the field.

LEARNING OUTCOMES:
By the end of this course, the students are expected to have become familiar with the multiple
dimensions of the international criminal law and be able to critically evaluate the liberal,
democratic attempts to make sense prevailing instances of international law in the world.

MODULE-I
International criminal law & concepts of international criminal law
Sources of international criminal law
International criminal law and other areas of law
Objectives of International Criminal Law
The History of International Criminal Prosecutions
Individual Responsibility: Historical Development
General Principles of International Criminal Law

100
MODULE-II
Substantive Law of International Crimes
Crimes and Elements of Crimes
Genocide
Crimes against Humanity
War Crimes
Aggression
Genocide Convention, 1948,
Geneva Convention, 1949, ILC Draft Code of Crimes against the Peace and Security of
Mankind
Transactional Crime, Terrorism & Torture

MODULE-III
Procedure of International Criminal Investigation
Prosecutions in National Courts
Jurisdiction - The forms of jurisdiction, Conceptual matters, Universal jurisdiction
National Prosecutions of International Crimes - National prosecutions, State obligations to
prosecute or extradite, Domestic criminal law and criminal jurisdiction
Statutory limitations- Principle of non-retroactivity, Ne bis in idem or double jeopardy
Practical obstacles to national prosecutions

State Cooperation with Respect to National Proceedings

MODULE-IV
Principles and Procedures of International Prosecution
The ad hoc International Criminal Tribunals
The International Criminal Tribunal for Yugoslavia
The International Criminal Tribunal for Rwanda
The International Criminal Court- Structure and composition of the ICC , Crimes within the
jurisdiction of the ICC
State Sovereignty and International Criminal Law
Indian Perspectives on the ICC

101
(a) Treaty of Versailles, (b) Nuremberg & Tokyo Trials
Future of International Criminal Law

RECOMMENDED TEXT BOOKS:


1) An introduction to international criminal law and procedure by Robert cryer ˚
2) Principles of International Criminal Law by Werle (Author),
3) Jebberger (Author)Iternational Criminal Law by Antonio Cassese
4) Bassiouni, ‘The Sources and Content of International Criminal Law’
5) Hague Regulations Respecting the Laws and Customs of War on Land
6) Convention for the Creation of an International Criminal Court (1938)
7) Universal Declaration of Human Rights, GA resolution
8) Joel Samaha-Criminal Law- 11th Edition
9) Edwin Bikundo- International Criminal Law
10) Dr. GauravKataria& Dr. Abhilasha J. Kataria- Advanced Issues in International Criminal
Law (Vol.II)

CASE LAWS:
1) The Tribunal Vs. DrazenErdemovic IT - 96 - 22-J
2) Belegium Vs. Senegal ICJ General List no 144
3) Jean Piere Bemba ICC - 01/05-01/08
4) Moduleed States v. Eisentrager et al. 339 U S 763 (1950)
5) A.G. Israel v. Eichmann
6) Bosnia and Herzegouina Vs Yugoslavia 3rd February 2003 ICJ General List 122
7) Democratic Republic of Congo Vs Rwanda ICJ General List 126
8) Belgium Vs Spain 1970 ICJ Rep 4
9) Democratic Republic of Congo Vs Uganda - Merits(2005) ICJ General List 116
10) Nicaragua Vs USA (1984) ICJ Rep 392
11) S S Lotus Case (1927) PCIJ Series A No 10
12) Danzing Case (1928) PCIJ Series B No 15
13) Tokyo War Crimes Trial (New York 1981) volume 20&21

102
14) In re: The Republic of Macedania (Case no - IT - 02-60
15) Prosecutor Vs Aleksouski (Case No IT- 95 - 14/1)
16) Prosecutor Vs Babic (Case No IT - 03 -72)
17) Prosecutor Vs Blaskic (Case No IT - 95 -14)
18) Prosecutor Vs Blagojevic & Jakic (Case - IT-02-60)
19) Prosecutor Vs Bobetko (Case No - IT - 02- 62)
20) Prosecutor Vs Deronjic (Case No - IT -02-61)
21) Prosecutor Vs Galic IT - 98-29-J
22) Prosecutor Vs Halilovic (Case No - IT - 01-48)

ARTICLES:
1) Ambos, K., “General Principles of Criminal Law in Rome Statue” Criminal Law Forum,
Vol.10,(1999), pp. 1-32.
2) Arnold, R, “The Mens Rea of Genocide under the Statute of the International Criminal
Court”Criminal Law Forum, vol.14, n.2 (2003), pp. 127-151.
3) Arsanjani, Mahnoush H. , “ The Rome Statute of the International Criminal Court”
American Journal of International Law, vol. 93, n.1 (1999),
4) Bassiouni, M.C., “From Versailles to Rwanda in Seventy Five Years: The Need to
Establish a Permanent International Criminal Tribunal”, Harvard Human Rights Journal,
vol.10 (1997), pp.11-62.
5) Cryer, Robert, “International Criminal Law vs State Sovereignty: Another Round?”The
6) European Journal of International Law, Vol. 16 No. 5, 979–1000.Cassese, Antonio,
International Criminal Law, (Oxford University Press, London,2008), ed.2.
7) “The Nicaragua and Tadić Tests Revisited in Light of the ICJ Judgment
8) On Genocide in Bosnia” The European Journal of International Law Vol. 18 no. 4,
pp.649-668.
9) Elsea, Jennifer K., “U.S. Policy Regarding the International Criminal Court” available at
10) http://www. fas.org.pdf
11) Graefrath, Bernhard, “Universal Criminal Jurisdiction and International Criminal Court”,
12) European Journal of International Law, vol.1 (1990), pp.67-88.
13) Greppi, E., “The Evolution of Individual Criminal Responsibility under International
Law”
103
14) Review of the International Committee of the Red Cross, n.835 (1999), pp.531-553.
15) Helen Duffy, “National Constitutional Compatibility and the International Criminal
Court,”
16) Duke Journal of Comparative and International Law, vol.11, n.5 (2001), pp. 6-38.
17) Heyder, Corrina, “ The UN Security Council’s Referral of the Crimes in Darfur to the
18) International Criminal Court in the Light of U.S. Opposition to the Court: Implications
for the International Criminal Court’s Functions and Status”, Berkeley Journal
International Law, vol. 24 (2006).
19) Jamison, Sandra L., “ A Permanent International Criminal Court: A Proposal that
Overcomes Past Objections”, Denver Journal of International Law and Policy, n.23
(1995).
20) Maogoto, Jackson Nyamuya, “ War Crimes and Real Polititick: International Justice from
World War I to the 21st Century” available at http://www.rienner.com
21) Mutua, Makau, “ America and the International Criminal Court”available at
http://www.globalpolicy.org/intljustice.htm
22) Nsereko, Daniel D. Ntanda, “ The International Criminal Court: Jurisdictional and
Related Issues” Criminal Law Forum, vol.10, n.1(1999), pp. 87-120
23) Ramji, Jaya, “ A Collective Responses to Mass Violence: Reparation and Healing in
Cambodia, in Bringing the Khmer Rogue to Justice: Prosecuting Mass Violence before
the Cambodian Courts”, Santa Clara University School of Law, Working Paper No.
06‐02, August 2006.
24) Schabas, William A., An Introduction to the International Criminal Court, ( Cambridge
University Press, Cambridge, 2001), “Justice, Democracy, and Imp Moduley in Post-
genocide Rwanda: Searching for Solutions to Impossible Problems”, Criminal Law
Forum, vol.7 (1996).
25) “Moduleed States Hostility to the International Criminal Court: It’s All About the
Security Council”, European Journal of International Law, vol.15, n.4 (2004), pp.701-
720.
26) Tallgren, I., “The Sensibility and the Sense of International Criminal Law” European
Journal of International Law, vol.13 (2002), pp. 561-595.

OPTIONAL READINGS:
104
1) Ambos, Kai, “The Role of the Prosecutor of an International Criminal Court from a
Comparative
2) Perspective”, Review International Commission Jurists, 1997
3) Askin, Kelly, “Crimes Within the Jurisdiction of the International Criminal Court”
Criminal Law
4) Forum, vol.10, n.1 (1999), pp. 33-59.
5) Dadrian, Vahakn N., “Genocide as a Problem of National and International Law: The
World War I Armenian Case and Its Contemporary Legal Ramifications”, Yale Journal
of International Law, vol. 14 (1989).
6) Meron, Theodor, “International Criminalization of Internal Conflicts”, American Journal
of International Law, vol.89 (1995), pp. 554–574.
7) Schabas, William, “The Jelesic Case and the Mens Rea of the Crime of Genocide”,
Leiden Journal of International Law, vol. 14 (2001), pp.125.
8) Vyver, Johann Van der, “Prosecution and Punishment of the Crime of Genocide”,
Fordham International Law Journal, vol. 23 (1999)
9) “Establishing an International Criminal Court and an International Code-Observations
from and International Criminal Law Viewpoint” http: www.ejil.org
10) Moduleed States v. Eisentrager et al., (1948) 15 L.R.T.W.C. 8 (Moduleed States Military
Commission), at 15. A.G. Israel v. Eichmann, (1968) 36 I.L.R. 18 (District Court,
Jerusalem), at 50

COURSE CODE COURSE NAME L T P C


20LLBCS506 JUVENILE JUSTICE 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
This course attempts to map the theoretical and practical queries that have emerged in the area of
Juvenile Justice System of India. The main objective of this subject is to provide a critical
understanding of the principles of the Juvenile Justice System. It provides a basic knowledge
about the various aspects and features of the Juvenile Justice Act.

LEARNING OUTCOMES:

105
Students will be aware of the different aspects of the juvenile justice system of India. This course
will enable them to learn the working and impact of juvenile justice system in present day
society. At the same time, it will also enable them to understand the juvenile justice act and it’s
working.
MODULE-I
History of Juvenile Justice in India
Constitutional Provisions related to Juvenile Justice
Social Factors and Juvenile Delinquency
Rights of Juvenile
MODULE-II
Role of family in delinquency prevention
Dual role of police- as an agency of criminal judicial administration and as a protector of
Juvenile interest
NGO’s role in custodial institutions and as a friend of every child in need of care
Media to expose instances of child exploitation and abuse in public domain
Role of Nirbhaya case in bringing Juvenile Justice Act, 2015

MODULE-III
Difference between Juvenile Justice Act, 2000 & Juvenile Justice Act, 2015
Working of Juvenile Justice Board under Juvenile Justice Act, 2015
Provisions relating to bail in Juvenile Justice Act, 2015

MODULE-IV
International provisions relating to Juvenile Justice
Working of Child welfare committee
Solutions for juvenile delinquency
Important definitions: - Child, Juvenile, Juvenile delinquency, Child in conflict with Law, Child
in need.

SUGGESTED READINGS:
1) Kumkum Rani, Commentaries on the Juvenile Justice Act, 1986
2) Paras Diwan, Children and legal protection.

106
3) Prof. NV Paranjape, Criminology & Penology with Victimology
4) Prof. Ved Kumari, The Juvenile Justice System in India
5) Sunil Kanta Bhattacharya, Juvenile Justice: An Indian Scenario
6) N. V. Paranjape, The Law Relating to Probation of Offenders in India

CASE LAWS:
1. Sampurna Behrua vs Union of India & Ors.
2. Nirbhaya case
3. Supreme Court Legal Aid Committee v. Union of India 1989 (4) SCC
738
4. GopinathGhosh v. State of West Bengal

Specialization-B- Corporate Law

COURSE CODE COURSE NAME

20LLBCB503 INVESTMENT LAW

PREREQUISITE NIL

OBJECTIVES:
The course tends to provide an overall understanding of investment related legal regime and its
controlling factors. The course introduces students to the Indian legal regime that governs and
regulates the investing activities carried out by corporations, Indian as well as foreign in India.

LEARNING OUTCOMES:
After studying this course, you should be able:
1) To discuss and to develop an understanding of the basic concepts of different financial
instruments and laws relating to it.
2) To develop working knowledge of investment laws and standards and its relationship to
financial well-being of investors.

107
3) To develop an awareness of different methods of investment law and working with
judicial decisions.
4) To analyses the role of RBI and SEBI to investment in India.
MODULE-I
Historical background of the Securities and Investment laws.
Financial system –Structure of different types of investments and markets and Regulatory
authorities,
Concept of ‘Securities’: S. 2 of the Securities Contracts (Regulations) Act, 1956,
Legal Nature and Kinds of securities, Types of Securities.

MODULE-II
Corporate Investing and financing Activities and applicable provisions of Companies Act,2013,
Regulation,
Supervision and Control by SEBI in the primary and Secondary Market & Market
intermediaries, Issuing of prospectus - Civil and Criminal Liabilities- Kinds of Prospectus- Red-
herring, Shelf, and Statement in lieu of prospectus, Offer document etc., SEBI(Issue of Capital
and Disclosure Requirements) Guidelines,2009.

MODULE-III
Introduction to Collective investment Schemes, Mutual fund,
Introduction and Regulation of Depositories and Depositories participants and their types, Types
of Depository receipts: ADR, GDR & Euro receipts,
NSDL and CSDL-Role and Functions.
Introduction to FDI, FDI Policy, FPI.

MODULE-IV
Types of NBFCs- Equipment Leasing Company-Hire purchase company- Loan Company –
Investment Companies,
Classification of NBFCS-Residuary Non-Banking Financial companies-Miscellaneous Non-
Banking Financial Companies, and Scope of NBFC’s Acceptance of Public deposits (Reserve
Bank) Directions.

108
RECOMMENDED TEXT BOOKS:
1) Avdhani. V.A, Himalaya Publishing House, 2005, Investment and Securities Markets in
India.
2) Khan. M. Y, Tata McGraw Hill Publication, 2009, Financial Services
3) K.P.M. Sundaram, P.N.Varshney, Sultan Chand & Sons, Banking theory, Law and
Practice.
4) Dixit, Yadav & Jain, “Derivative markets in India: Trading, Pricing and Risk
management”, Tata Mc GrawHill, New Delhi.
5) Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi.
6) Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co., New
Delhi.
7) Purithavathy Pandian, Vikas Publishing House, Delhi. Security Analysis and Portfolio
Management.
8) Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions.
9) Mithani.D.M, Himalaya Publishing House, Money banking, International trade and
Public Finance.
10) Bholey. L. M, Financial Institutions and Markets

COURSE CODE COURSE NAME L T P C


20LLBCB504 CORPORATE GOVERNANCE 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
This course will help you to explore, recognize and understand the multiple paradoxes related to
the study and application of corporate governance in organizations. . Emergence of corporate
social responsibility affecting all the stakeholders seeks to make the corporations socially

109
responsible. The course aims at providing basic idea about corporate governance and its
implications on society and legal system.

LEARNING OUTCOMES:
By the end of the course, the students would have an understanding of Corporate Governance
from a managerial as well as legal point of view. They will learn the importance of good
governance which is an important tool to achieve shareholder democracy. Finally, the students
will be able to understand the importance of the responsibilities of a corporation towards the
society.
MODULE-I
Corporate Governance – Basics and Concept, The need for Regulation, Principles of Corporate
Governance, Importance of corporate governance, Objectives of Corporate Governance, Features
of Corporate Governance, Difference between governance & management, Corporate Code of
Ethics , Agency Theory, OECD Principle, Good Boardroom practice, Risk Management Policies,
Evolution of corporate governance norms in India, Case study of corporate fraud in Satyam
Computers.
MODULE-II
Role & Composition of Boards, Governance of Financial Organizations & PSU’s,
Organizational patterns of PSU’s, Powers of PSU Boards, Governance issues in Entrepreneurial
Firms, Governance issues in MNC’s & Joint Ventures, Governance Problems for Global
Companies & Groups, Governance Issues in Public Sector, Governance issues in Voluntary
Sectors, Governance beyond the boundaries of corporation, Governance Risk & Financial
Stability, Business Failure & Contribution to poor Governance, Governance Ethics.
MODULE-III
Cross-Country comparison Cross-country difference vs. Firm-level difference, Cross-Border
investment by foreign investors, Investor protection and home bias, , Transaction Cost Theory,
Stakeholder Theory, Stakeholder Value Approach, Relations with Shareholder & other
Stakeholders, Governance Issues in Financial Sector arising from the Financial Services &
Market Act 2000 and The Basel Rule, Country case study: China, Political economy models of
corporate governance arrangements Governance, Compensation and Bank Risk-Taking,
Corporate Governance and the Role of Board of Directors (BOD).

110
MODULE-IV
Corporate Social Responsibility – Meaning, Concept, Nature, Elements and Relevance,
Formulating & Implementing a Policy for Corporate Social Responsibility, Position in India,
Challenges faced in the evolution, Concept of good governance, Purpose of Good Governance
Corporate Disclosure and Investor Protection in India, CSR criticized as a distraction from the
objectives of a corporation, , Concept of Social Welfare, Social Investment & Ethical Conduct,
Reputation Risk & Other Risk Issues.

SUGGESTED READINGS:
1) OECD: Principles of Corporate Governance, 2004 Sarbanes-Oxley Act, 2002
2) Governance Codes o Report of the Committee on the Financial Aspects of Corporate
Governance (Cadbury Report) 1992 http://www.ecgi.org/codes/documents/cadbury.pdf
3) CalPERS Global Principles of Accountable Corporate Governance, 2011
http://www.calpers-governance.org/docs-sof/principles/2011-11-14-global-principlesof-
accountable-corpgov.pdf
4) Report of the NYSE Commission on Corporate Governance, September 23, 2010
http://www.nyx.com/sites/www.nyx.com/files/final_ccg_report_09-23-10.pdf
5) Fahlenbrach, Rüdiger, and René M. Stulz, 2011, Bank CEO Incentives and the Credit
Crisis, Journal of Financial Economics, 99, 11-26.
6) Knowledge@Wharton: Risky Business: Private Equity in China, 2001
7) Knowledge@Wharton: Under the Miscroscope: AIG’s Second Chance
8) Knowledge@Wharton: The problem with Financial Incentives: What to do about it
9) http://courts.delaware.gov/opinions/download.aspx?ID=64510
10) http://www.casebriefs.com/blog/law/corporations/corporations-keyed-toklein/mergers-
acquisitions-and-takeovers/paramount-communications-inc-v-time-inc/
11) http://scholar.google.com/scholar_case?q=506+A.2d+173&hl=en&as_sdt=2,5&case=
16019965849248080126&scilh=0

REFERENCES:
1) S.S. Iyer - Managing for Value (New Age International Publishers, 2002)
2) Laura P Hartman Abha Chatterjee - Business Ethics (Tata McGraw Hill, 2007)

111
3) S.K. Bhatia - Business Ethics and Managerial Values (Deep & Deep Publications Pvt.
Ltd, 2000)
4) Reed Darryl – Corporate Governance, Economic Reforms & Development (Oxford).
5) Richard Smerdon, A Practical Guide to Corporate Governance, Sweet & Maxwell
6) N.BalaSubramaniam, Corporate Governance and Stewardship- Emerging Role and
Responsibilities of Corporate Boards and Directors, 2010, Tata McGraw Hill Education
Pvt Ltd
7) Sami Pathasarathy, Corporate Governance, Principles, Mechanisms and Practice
8) Dr. N.V.Paranjape, Company Law, 5th edn 2012, Central Law Agency, Allahabad
9) Dimple Grover, AmulyaKhurana, Ravi Shankar, The Regulatory Norms of Corporate
Governance in India
10) Ministry of Corporate Affairs, Voluntary Guidelines on Corporate Governance, 2009
11) Frank B. And Robert A., Law and corporate governance, Elgar financial law series
12) Jayati Sarkar, Subrata Sarkar, Corporate governance in India, Sage Publications
13) Sehgal, B.P.Singh, Emerging Trends in Corporate Governance: Legal Issues and
Chanllenges in India, Satyam Law International, New Delhi, 2015
14) A.C. Fernando, K. P. Marleedharan, E. K. Satheesh Corporate Governance Principles,
Policies & Practices. Third Edition.
15) Dr. S. S. Khanka, Business Ethics & Corporate Governance
16) N. Gopalsamy. A guide to Corporate Governance
17) G. N. Bajpai. The essential book of corporate governance.
18) Dr. Vandana Dangi. Corporate emerging issues.
19) Bebchuk, L. A., and Z. Neeman. (2009), Investor Protection and Interest Group Politics.
Review of Financial Studies
20) Faleye and Krishnan (2014), Risky Lending: Does Bank Corporate Governance Matter?,
Working Paper
21) Behr et al. (2014), Financial Incentives and Loan Officer Behavior, Working Paper

CASE LAWS:
1) Union of India Vs. Satyam Computers 2009(148)CC 629
2) Blasius Industries Vs. Atlas Corporation Civ. A. No. 9720

112
3) Lee Vs. Lee 33 U.S. 44 (1834)
4) Foss v. Harbottle (1843) 67 ER 189, (1843) 2 Hare 461
5) Case Studies and Additional Readings: Healy, P. And K. G. Palepu (2003): The Fall of
Enron, Journal of Economic Perspectives, 17, 3-26.
6) Revlon, Inc. v. Macandrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986).
7) Paramount Communications, Inc. v. Time, Inc., 571 A.2d 1140 (Del. 1989).
8) The Walt Disney Company Derivative Litigation, In re Walt Disney Co. Derivative
Litig., 907 A.2d 693 (Del. Ch. 2005).
9) Schnell Vs, Chris-Craft Indust. 285 A.2d 437
10) Stroud Vs. Grace 606 A2d at 91
11) Chesapeake Corporation Vs. Shore Del. Supr.493 A. 2d 946 (1985)

COURSE CODE COURSE NAME L T P C


MERGERS & ACQUISITIONS 4 1 0 4
20LLBCB505

PREREQUISITE NIL

OBJECTIVES:
The elective course aims to provide essential legal knowledge one should have while preparing
for a mergers and acquisitions deal. This course will equip the students with the necessary
knowledge required for practical and theoretical understanding on the subject.

LEARNING OUTCOMES:
On completion of this course students will be able:
1) To explain the meaning, nature, object of law of M & A.
2) To enrich the students, the Indian statues having bearing on M& A.
3) To understand the procedural and substantive law applications of Mergers
4) To analyse the restrictions imposed by Competition Act, 2002 in approving certain
mergers exceeding turn over and assets.
MODULE-I

113
Concepts in Mergers & Acquisitions, Strategic Evaluation of M&A Opportunities- Selection
approaches and criteria,
Modalities of fixing the acquisition price, key steps in the strategic planning of a merger,
feasibility analysis in respect of cash and stock deals,

Describes fair value: institutional criteria and special features of acquisition of sick
companies, Categories of Mergers &Acquisitions, Causes and Consequences of Mergers &
Acquisitions.

MODULE-II
History of Takeover Regulations in India-Takeover Regulation, 1997 –Definitions, Compared
with 2011.
Threshold limits, Non-Compete fee ,Directors Duties in Takeovers. Takeover Defences - types
of takeovers, techniques of bidding for a takeover,

Defenses against takeover bids, regulations and amendments, and guidelines for
takeovers

MODULE-III
Existing position–Monopolies and Restrictive Trade Practices Act, 1969.
The Competition Act, 2007, Anti-competitive agreements

Pre-notification of M & A Transactions to competition commission beyond certain threshold


limits.

MODULE-IV
Provisions of the Companies Act, 2013relating to M & A, buyback of shares, provisions
of SEBI act, 1992 and 1997, provisions relevant to M & A activity in the Income Tax
Act, and Foreign Exchange Management Act,
Routes of M&A, Regulatory authorities of M&A.

REFERENCES:

114
1) K.R. Sampath Law and Procedure on Corporate restructure leading to Mergers,
Amalgamations/takeovers, Joint ventures LLP’s and Corporate Restructure
(7th Edn)2011.
2) 2.Sayan, “ Types of synergy and economic value : The Impact of Acquisition on
Merging and Rival firms” 7 Strategic Management Journal 119 ( 1986).
3) 3. Michel C.Jenson, “Takeovers: Their Causes and Consequences” 2 Journal of
Economic Perspectives 21-48(1988).
4) Sayan, “ Types of synergy and economic value : The Impact of Acquisition on
Merging and Rival firms” 7 Strategic Management Journal 119 ( 1986).
5) Weign Berg & Blank Takeovers and Mergers (2010) Ed., Part-1, Definitions. Pp6 -29.
6) Shishir Vayattaden, SEBI (Substantial Acquisition of Shares and Takeovers) 1997 –
commentaries.

COURSE CODE COURSE NAME L T P C


LAW OF CORPORATE FINANCE 4 1 0 4
20LLBCB506

PREREQUISITE NIL

PURPOSE:
The main purpose of the course is to acquire knowledge and develop understanding of the
regulatory framework of corporate finance with reference to various provisions of the Companies
Act including case laws. The course focuses on learning how the financial markets work, from
the primary markets involving the issuance of equity, debt and derivatives to the secondary
markets involving trading and investments.

OBJECTIVES:
In view of increasing emphasis on adherence to norms of good corporate governance, Company
law assumes an added importance in the corporate legislative milieu, as it deals with structure,
management, administration and conduct of affairs of Companies. The capital market is an
important constituent of the financial system. It is a market for long term fund-both equity and

115
debt. The capital market aids economic growth by mobilizing the savings of the economic
sectors and directing the same towards channel of productive use. The main objective of the
course is to provide knowledge of the corporate finance law to the emerging lawyers who are
keen to develop professional skill in corporate fund raising and transactional management.

LEARNING OUTCOMES:
1) Upon completion of the course, the students will be able to:
2) Understand that financial markets are a mechanism enabling participants to deal in
financial claims. Further it helps to identify the key themes in corporate finance.
3) Analyse the importance that SEBI protects the interests of investors in securities and
promotes the development of securities market.
4) Explain and analyse the interrelationship between finance and governance.
5) Develop an argument persuasively and think logically and to identify and solve legal
problems connected with securities transaction.
6) Understand about provision dealing with prevention of insider trading in India.
.
MODULE– I
Prospectus – Definition Sec. 2(70), Kinds- Abridged Sec.2 (1), Deemed Sec.25, Shelf Sec. 31,
Red-Herring Sec. 32; Registration Sec.26, Remedies against Misrepresentation, Liabilities- Civil
and Criminal (Section 34 & 35)
Share Capital- The nature and classification of share capital, General principles of allotment;
Issue of security at premium, Issue of share at Discount, Issue of sweat equity share, Buy-back of
security, Further issue of share capital, Statutory share certificate and its effects.
Transfer and Transmission of shares; Forfeiture and Surrender of shares
Companies (Share capital and Debentures) Rules, 2014

MODULE – II
Debentures- Definition and its nature; Kinds of debentures; Debenture trust deed; Difference
between share and debenture,
Companies (Share capital and Debentures) Rules, 2014
Company Charges (Section 77-87)

116
Loans and investments by Company (Section 186)
Company power to borrow; Ultra Vires Borrowings
Acceptance of public deposits (Section 73)
Companies (Acceptance of Deposits) Rules, 2014

MODULE – III
Regulatory Structure of Financial institution and Capital market
Establishment and composition of SEBI
Powers and Function of the Board
Penalties and Adjudication
Establishment, Jurisdiction and Procedure of Securities Appellate Tribunal
Role of RBI as Regulator and Supervisor of the Financial System
Insider Trading- Meaning and Definition
SEBI (Prohibition of Insider Trading) Regulation, 2015

MODULE– IV
Audit and Auditors (Section 139-148)
Power to Compromise or make arrangements (Section 230 & 231)
Merger and Amalgamation of Companies (Section 232, 233 & 234)
Power of majority over minority shareholding (Section 235 & 236)
Class Action (Section 245)
Winding Up of Companies-Modes of Winding up (Sec.270); Winding up by the Tribunal
Sec.271-303.

PRESCRIBED STATUTES:
1) The Companies Act, 2013
2) The Securities and Exchange Board of India Act, 1992

RECOMMENDED TEXT BOOKS:


1) Avtar Singh, Company Law (17th ed., 2019)
2) M.Y.Khan, Indian Financial System (8th edition 2019)
3) A. Ramaiya, Guide to the Companies Act (17th ed., 2010)

117
REFERENCES:
1) Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford University
Press (8th ed., 2008)
2) Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed.,
2012)
3) Paul L. Davies, Gower and Davies Principles of Modern Company Law (Latest edition)
4) H.K.Saharay, Company Law , (6th ed., 2012)
5) Dr. G.K.Kapoor and Dr. Sanjay Dhamija, Company law and Practice, Taxmann’s (24
edition., 2019)
6) Gower’s and Davies’ Principles of Modern Company Law, (8th ed., 2008)
7) N.D.Kapoor, Elements of Company law (31st ed., 2019)
8) Sangeet Kedia, Capital Markets and Securities laws
9) Reena and Sumant Chadha, Company Law, (10th ed., 2018)
10) Bharti V. Pathak, Indian Financial System (5th edition 2019)
11) Corporate Law Adviser
12) Company Law Journal
13) D.K.Jain, Company law Ready Reckoner
14) David A.Bennett and Francis Beaufort, Palmer’s Company law: Annotated guide to the
Companies act 2006
15) D.K.Murthy, Indian Financial System (2006)

CASE LAWS:
1) Nash v. Lynde (1929) A.C. 158
2) Pramatha Nath Sanyal v. Kali Kumar Dutt AIR 1925 Cal. 714
3) Govt. Stock Securities Investment Co. Ltd. v. Christopher (1956) WLR 237
4) Rex v. Kylsant (1932) 1 K.B 42
5) New Brunswick & Canada Rly. & Land Co. v. Muggeridge (1860)
6) Shree Gopal Paper Mills Ltd. v. CIT(1967) 37 Comp. Cas. 240 Cal.
7) Krishan Kumar Rohatagi v. State Bank of India (1980) 50 Comp.cas.722
8) Maturi U. Rao v. Pendyala AIR 1970 A.P 225
9) BSE Broker Forum v. SEBI, Writ Petition (Civil) 502 of 2000
10) SEBI v. Shivam Investment And Enour Sowftware Ltd., (2005)
118
11) KSL and Industries Ltd v. SEBI 2003 48 SCL SAT
12) SEBI v. Ajay Agarwal, Civil Appeal No. 1697 of 2005
13) Sahara India Real Estate Corporation Ltd. v. SEBI, Civil Appeal No.(9813) of 2011
14) V.K Kaul v. SEBI, Appeal No. 55 of 2012 SAT
15) Hindustan Lever Limited v. SEBI 1998 18 SCL 311
16) Pawan Jain v. Hindusthan Club Ltd.(2005) 62 SCL 610
17) Foss v. Harbottle (1843) 2 Hare 461: (1843) 67 ER 189
18) Trio Mercantile & Trading Ltd., In re (2016)
19) Ram Kohli v. Indrama Investment (P) Ltd (2013)
20) Vodafone Essar GujratLtd. V. Deptt. Of Income tax(2012) 116 SCL 256
21) Nebula Motors Ltd., In re(2003) 45 SCL145(AP)
22) Macho Foods (P) Ltd. v. Modiluft Ltd. (2003) 45 SCL 159 (Delhi)
23) Dunlop India Ltd., In re (2013) 31 SCL 135 (Calcutta)
24) R. Sabapathy Rao v. Sabapathy Press Ltd. AIR 1925 Mad. 489.
25) Kapil N. Mehta v. Shree Laxmi Motors Ltd. (1999) 19 SCL 420

Specialization-C- Constitutional Law

COURSE CODE COURSE NAME L T P C


COMPARATIVE CONSTITUTIONAL LAW 4 1 0 4
20LLBCA503

PREREQUISITE NIL

The course aims at familiarizing the students with key political concepts like political obligation,
sovereignty, Rule of Law, etc. which interlace the idea and the institution of state. Knowledge of
such concepts become imperative for any student of law and politics as some of these political
concepts are constitutive of the idea of law. Those coming from a legal background would
particularly find this course a useful pedagogic exercise in understanding law as a political and
social category while students of politics interested in theory and history of ideas will find it

119
engaging to study the dialectics between law and state as it unfolds within the politico-legal
institutional framework and processes.
OBJECTIVES:
1) Transformation of students understanding of the constitutional law role in establishing
effective government system
2) 2. Considering how comparative constitutional study can offer insights into our own
constitutional system
3) 3. Using a comparative approach to constitutional law with a view to developing a
critical understanding of how different constitutional systems deal with similar issues.

MODULE-I
Introduction to Comparative Constitutional Law, Relevance, Scope and Challenges;
Different approaches to Comparative constitutional law.
i. Constitutional Borrowings
ii. Legal Transplantation
iii. Migration of Constitutional Ideas
MODULE-II
Comparative Constitutional law in India.
Judicial Transplantation and Indian Supreme Court.
Constitutional Borrowing in South Asia

MODULE-III
Concept of Federalism in India

The separation of powers

Rule of Law

MODULE-IV
The systems of government in different countries
Legislature

120
Executive power
Judicial power and judicial review
Freedom of speech.
Freedom of Religion
Emergency powers

REFERENCES:
1) D.D.Basu, Comparative Constitutional Law, 2nd ed., Wadhwa Nagpur, 2008, pp 1-12.
2) Jan M Smits (ed), Elgar Encyclopedia of Comparative Law, Edward Elgar, Cheltenham,
UK, 2006, pp 57-65, 187-199.
3) Reimann, Mathuas and Zimmermann, Reinard, The Oxford Handbook of Comparative
Law, OUP, Oxford, 2006, pp 1225-1257.
4) Mark Tushnet, The Possibilities of Comparative Constitutional Law (1999) 108 Yale.L.J.
1225.
5) Michael Burgess, Comparative Federalism, Theory and Practice, Routledge, NewYork,
2006, pp 9-49.
6) Mahendra P. Singh, V N Shukla, 11th ed., EBC, Lucknow, 2008, pp A28-A35.
7) U Baxi, Rule of Law in India: Theory and Practice in Randall Peerenboom (ed.), Asian
Discourses of Rule of Law, Routledge, London, 2004, pp 324-345.

20LLBCA504 HUMAN RIGHTS LAW 4 1 0 4

PREREQUISITE NIL
COURSE CODE COURSE NAME L T P C

OBJECTIVES:
The course is designed to acquaint the students about the development and the jurisprudence of
human rights and the way they are imbibed into our Constitution. This course aims to explore
some aspects of the diverse and increasingly complex body of international law of human rights.

LEARNING OUTCOMES:
On successful completion of the course, the student will be able to:

121
1) Identify the major international declarations, treaties, and covenants governing human
rights
2) Identify mechanisms for monitoring and enforcing human rights standards internationally
and nationally
3) Know how to research, and where to find, human rights materials and relevant issues that
will be necessary to future work in the field.

MODULE-I

Meaning and Concept of Human Rights


Development of International Human Rights Law
Development of Human Rights Law in India: ancient, Medieval
Post Independence Indian perspective
Theories of Human Rights Law
Human Right to Development and Protection of Environment

MODULE-II
International Protection of Human Rights under the UN Charter
Generation of Human Rights
Universal Declaration of Human Rights 1948
International Covenant on Civil and Political Rights, 1966 and its optional protocols
International Covenant on Economic, Social and Cultural Rights, 1966 and its optional protocols
Human Rights Council

MODULE-III
Human Rights under Indian Constitution
Application of International Human Rights Law in India
Role of Indian Judiciary
The Protection of Human Rights Act, 1993
Human Rights Commissions in India
Establishment, Powers, Role and Functions of NHRC, SHRC
Role of Civil Societies and Media

MODULE-IV
122
Human Rights Law and protection of indigenous peoples
UN’s Human Rights Program in the context of indigenous peoples
Human Rights and Minority Protection
Human Rights Law and Protection of Prisoner’s rights

SUGGESTED READINGS:
1) Upendra, Baxi, The Future of Human Rights, New Delhi: Oxford University Press
2) H.O, Aggarwal, Human Rights, Central Law Publications
3) S.K. Kapoor, International Law and Human Rights, Central Law Agency
4) D.D. Basu, Human Rights in Constitutional Law, Lexis Nexis
5) M.K. Sinha, Implementation of Basis Human Rights, Lexis Nexis

CASE LAWS:
1) Ajay Hasia V. Khalid Mujib 1981 SCR (2) 79
2) P. A. Inamdar V. State of Maharahtra
3) Ashok Kumar Thakur V. Union of India
4) People’s Rights V. Union of India
5) Vellore Citizens Welfare Forum V. Union of India
6) Chairman Railway Board V. Chandrima Das
7) Barcelona Traction Case
8) Stran Greek Refineries and Stratis Andreadis V. Greece
9) United States of America V. Iran
10) Joslin V. New Zealand
11) Narmada Bachao Andolan V. Union of India
12) Vishakha V. State of Rajasthan
13) Bandhua Mukti Morcha V. Union of India
14) Keshavananda Bharati V. State of Kerala
15) NHRC V. State of Arunachal Pradesh
16) D. K. Basu V. State of West Bengal
17) People’s Union for Civil Liberties V. State of Maharashtra
18) State of Kerala V. People’s Union for Civil Liberties, Kerala State Unit
19) T. M. A. Pai Foundation V. State of Karnataka

123
20) St. Xavier’s College V. State of Gujarat

COURSE CODE COURSE NAME L T P C


20LLBCA505 FEDERALISM 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
The course aims to make the students understand the federal principle and theory, since India has
adopted a federal set-up. The object shall be achieved by dealing with the understanding the
concepts of Constitutional law and Federalism as a basic limitation of Constitutionalism,
together with Constitutional provisions regarding division of powers and the three lists in the
Seventh Schedule of the Constitution, and related provisions. The way this division has been
handled by the Supreme Court and other instrumentalities dealing with federal aspects, together
with the emerging challenges before the Indian federal set-up shall also be analyzed in detail.

MODULE-I
Federalism: Some Basic Concepts
The Concepts of Constitution and Constitutional Law
Constitutionalism: The Idea of Limited Government.
Federalism, an Aspect of Constitutionalism. Confederation And Federation: Fundamental
Distinctions
Basic Characteristics of a Federal Constitution
Federal Nature of Indian Constitution
Evolution of Federal Polity in India
Legislative Relations between the Union and the States
Territorial Limits of Legislative Powers- Doctrine of Territorial Nexus
Subject-Wise Distribution of Powers- Rules Of Judicial Interpretation
Inter-Relation of Entries- Industry, Law and Order, Intoxicating Liquor,
Higher Education
Residuary Powers Parliamentary Legislation in State Field

124
Repugnancy

MODULE-II
Administrative Relations:
Distribution of Executive Powers
Centre-State Administrative Co-ordination - Inter-governmental Delegation of Functions
Centre’s directives to the State- Constitutional and other statutory provisions
Emergency:
Emergency- Meaning, Kinds and purpose
Centre’s duty to protect the States
Justifiability of proclamation made under Article 356
Effect of Emergency

MODULE-III
Financial Relations:
Factors responsible for sub-ordination of States
Distribution of Fiscal Power
Restriction of fiscal power
Distribution of Tax Revenue
Borrowing power of the State
Constitution (101st Amendment) Act, 2016
Amendment:
Need for amending the Constitution
Procedure for Amendment
Amenability of the Indian Constitution
Limitation upon amending power of the Parliament- The theory of basic structure

MODULE-IV
Concept of Cooperative Federalism in India:
India towards cooperative federalism-Inter-State Water Disputes: Role of The Union (Article
262);

125
Inter-Governmental Cooperation in solving administrative problems/issues: Full faith and credit
clause (Article 261), the role of the Inter- State Council (Article 263), Zonal Councils
Role of other statutory bodies in promoting centre-state cooperation

RECOMMENDED TEXT BOOKS:


1) A.V.Dicey. An Introduction to the Study of the Law of the Constitution. (Universal Law
Publishing Co)
2) The Constituent Assembly Debates. {New Delhi. Lok Sabha Secretariat].
3) K.C.Wheare. Federal Government. [Oxford University Press
4) M.P. Jain. Outlines of Indian Legal History. [Nagpur, LexisNexis Buttersworth
Wadhwa].
5) Granville Austin: The Indian Constitution: Cornerstone of a Nation. [New Delhi, Oxford
University Press].
6) H.M. Seervai: Constitutional Law of India: A Critical Commentary. [Delhi. Universal
Law Publishing Co. Ltd].
7) D.D.Basu: Constitution of India. Nagpur, LexisNexis Buttersworth Wadhwa.
8) P.K.Tripathi: Indian Federalism: The Reality and the Myth [(1974) Journal of Bar
Council of India].

REFERENCES:
1) Sarkaria Commission Report on Centre-State Relations,1988
2) Report of National Commission to Review Working of the Constitution, 2000.
3) Punchi Commission Report on Centre State Relations, 2010
4) Reports of the Finance Commission.

CASE LAWS:
1) State of West Bengal v. Union of India. (AIR 1963 SC 1241). Gujarat University v.
Srikrishna (AIR 1963 SC 763).
2) Union of India v. H.S.Dhillon (AIR 1972 SC 1061).
3) State of Rajasthan v. Union of India, (AIR 1977 SC 1361) State of Karnataka v. Union
of India, (AIR 1978 SC 68)
4) Synthetics and Chemicals Ltd v. State of U.P. (AIR 1990 SC 1927).

126
5) Goodyear India Ltd v. State of Haryana (AIR 1990 SC 781) State of Tamil Nadu v.
State of Karnataka (1991) Supp 1 SCC 240. S.R. Bommai v. Union of India, [(1994)3
SCC 1]
6) Kuldip Nayyar v. Union of India (AIR 2006 SC 3127)
7) State of West Bengal v. The Committee for Protection of Democratic Rights, West
Bengal [(2010) 10 SCC 571].
8) Bhim Singh v. Union of India [2010 SC (Writ petition No. 404 of 1999)].

COURSE CODE COURSE NAME L T P C


LOCAL SELF GOVERNMENT & PANCHAYATI 4 1 0 4
20LLBCA506 RAJ

PREREQUISITE NIL

OBJECTIVES:
With the introduction of the Constitution seventy third and seventy fourth amendments, India is
moving towards the ideal of direct democracy endowing the local bodies with powers of
administration in matters of regional and local importance. This change has added new vistas of
Indian democracy and it offers an opportunity to translate the Gandhian concept of Gram Swaraj
into practice. Necessarily, a person specializing in administrative law has to be equipped with the
knowledge on the working of early systems, the present constitutional scheme, and the
legislative powers of the State transferring responsibility to local bodies and on the increasing
regulatory and financial powers of the local bodies. The nature of the democratic functioning of
these elected bodies and the scope of administrative control as well of the judicial control over
them are challenging areas for students of administrative law to evaluate and help formulation of
new and pragmatic working methods.

LEARNING OUTCOMES:
After going through this course of study, student will be able to
1) Get an insight in to the introductory aspects, the historical and philosophical background
of the Local Self-Government.

127
2) Will get familiarize about the structure, powers and functions of the rural Local Self-
Government.
3) Will give the students an understanding about the structure, powers and functions of the
Urban Local Self-Government.
4) Provide insights to the students to analyze the issues of decentralization and grass root
planning of the Local Self Government
5) Help them understand the modern dimensions of Local Self Government

MODULE-I
Introduction:
Meaning and genesis of democratic decentralization
History, Growth and Development of Panchayati Raj in India- Lord Rippon's resolution,
Royal Commission, Balwant Rai Mehta Committee Report
Gram Swaraj: Gandhian concept
Community Development Programme
Administrative framework
MODULE-II
Constitutional Scheme:
Federalism in India and Local Self Government
Directive Principles of State Policy - Art. 40
73rd and 74th Constitutional Amendments
Schedules XI and XII of the Constitution
Second Administrative Reforms Commission
Sarkaria Commission, Punchi Commission and Local Governments
MODULE-III
Rural & Urban Local Government
Gram Sabha- Meaning, importance, functions, meetings, Social Audit, Nyaya Panchayat
Gram Panchayat- Introduction, Composition, functions, Sarpanch, Powers and functions
of Sarpanch
Taluk/Block Panchayat-Introduction, Composition, functions, Chairman- Powers and
function

128
Zila Panchayat-Introduction, Composition, functions
Financial administration-devolution of financial powers, composition of State Finance
Commission
State Control over PRIs
Municipal Corporation-Organization and functions; Municipal Council; Mayor-functions
and powers; committee-wards committees, district planning committee, Metropolitan
planning committee; Municipal Commissioner- appointment, tenure, powers and
functions
Cantonment Boards, Special purpose urban development agencies Municipal Finance,
State control and supervision
MODULE-IV
Planning For Pris & Modern Dimensions:
Planning for rural development-Planning machinery at the National and State Levels
Role of Panchayat Raj Institutions in Planning
Panchayati Raj and Rural Development
Panchayats and NGO's
Panchayati Raj in Tribal Sub-plan Areas
Right to Information and Panchayati Raj
Women Empowerment and Panchayati Raj Institutions
Reservation and Local Governments
REFERENCE BOOKS:
1) Davis, Discretionary Justice
2) De Smith, Judicial Review of Administrative Action (1995)
3) Dicey, Introduction to the Law of the Constitution,
4) Friedman, The State and the Rule of Law in a Mixed Economy
5) Indian Law Institute, Government Regulation of Private
6) Ivor Jennings, Law and the Constitution
7) Jain & Jain, Principles of Administrative Law (1986), Tripathi, Bombay
8) Joshi, R.P., Narwani, G.S., Panchayat Raj in India: Emerging Trends across the States (
Rawat Publications), Hyderabad, 2011

129
9) Khanna, B.S: Panchayati Raj in India- National Perspectives and State Studies (Deep and
Deep Publications), New Delhi, 1994.
10) M. Venketarangaiya& M. Pattabhiram, Local Government in India (1969) Allied
Publishers, New Delhi
11) Neville L. Brown and J.F. Garner, French Administrative Law
12) RadhakumudMookerji, Local Government in Ancient India (1985), Daya Publishing
Delhi.
13) Schwartz & Wade, Legal Control of Government
14) Sivaramakrishnan, K.C., Courts, Panchayats and Nagapalikas (Academic Foundation),
2009.
15) W. Thornhill (ed.), the Growth and Reform of English Local Self-government (1971),
Weidenfeld and Nierlson, London.

ESSENTIAL READING / RECOMMENDED READING


1) M. Venketarangaiya& M. Pattabhiram, Local Government in India (1969) Allied
Publishers, New Delhi
2) Joshi, R.P., Narwani, G.S., Panchayat Raj in India: Emerging Trends across the States (
Rawat Publications), Hyderabad, 2011
3) Khanna, B.S: Panchayati Raj in India- National Perspectives and State Studies (Deep and
Deep Publications), New Delhi, 1994.

4 - - 4
20LLB507 ALTERNATIVE DISPUTE RESOLUTION

PREREQUISITE NIL

OBJECTIVES:
Alternative Dispute Resolution has become the primary means by which cases are resolved now
days, especially commercial, business disputes. It has emerged as the preferred method for
resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an
overview of the statutory, procedural, and case law underlining these processes and their

130
interplay with litigation. A significant theme is the evolving role of professional ethics for
attorneys operating in non-adversarial settings. Clients and courts increasingly express a
preference for attorneys who are skilled not only in litigation but in problem-solving, which costs
the clients less in terms of time, money and relationship. The law of ADR also provides an
introduction to negotiation and mediation theory.

1) Introduction to ADR
2) Key Concepts in Dispute Resolution
3) Arbitration
4) Mediation
5) Negotiation
6) Conciliation

Practical[SimulationExercises];

ADR Applications on following 5 topics

1) Commercial and Financial dispute


2) Family and Matrimonial Disputes.
3) Real estate and land disputes
4) Consumer disputes
5) Accident Claims

Alternative Dispute Resolution consists of following parts:

There is University Examination for 100 marks.

1) Part-I: Theoretical Examination 50 marks


2) Part-II: Preparation of Record for ADR applications. Each exercise carries 10 marks.
[50 marks]

131
SEMESTER-VI

COURSE CODE COURSE NAME L T P C


INTELLECTUAL PROPERTY LAW 4 1 0 4
20LLB601

PREREQUISITE NIL

PURPOSE:
Intellectual Property Law has assumed a great importance in recent times as a result of the
recognition that “knowledge is property”. The creations of the human brain as IP are required to
be understood and protected. The syllabi encompassing all relevant IP legislations in India with a
view to understand and adjust with changing needs of the society because creative work is useful
to society and law relating to innovation/creativity i.e. Intellectual Property is one of the fastest
growing subjects all over the globe because of its significance and importance in the present era.
Disseminate information on national and international IPR issues. The course is designed with a
view to create IPR consciousness; and familiarize the learners about the documentation and
administrative procedures relating to IPR in India.

OBJECTIVES:
The course on Intellectual Property Rights covers all aspects of creations of the intellect: Images,
names, inventions, literary works, artistic works etc. It also addresses new and upcoming areas of
Intellectual Property (IP) like Biotechnology, Domain Names, Creative Commons, etc. This
course has been designed to give the students a holistic understanding of the subject. What is IP?
How is it created? How is it protected? - Are a few of the key questions which will be discussed
during this course?

LEARNING OUTCOMES:
Upon successful completion of this course students will be able to:
Demonstrate an advanced and integrated understanding of the procedural rules of intellectual
property law. Critically evaluate the area of intellectual property law and identify areas of reform
particularly in relation to business and consumer concerns. Analyses and research complex
problems relating to intellectual property law and make reasoned and appropriate choices amongst
alternatives. Demonstrate sophisticated cognitive and creative skills in approaching legal issues
relating to intellectual property law and generate appropriate responses.

132
MODULE-I
Introduction to Intellectual property – Concept – Theories of Protection, Types of Intellectual
property under WTO‐ TRIPS – Trade Marks, Copyright, Patents, Designs, Geographical
Indications Integrated Circuits, Confidential information. International Institutional mechanism
including various conventions; Paris Convention, Geneva Convention, Madrid Convention and
WIPO, UNESCO, TRIPS & GATT.

Geographical Indications Act 1999: Plant varieties-Traditional knowledge.-Bio piracy,


Patentability of Biotechnology and micro organize.

MODULE-II
Meaning, Functions, Trade marks for goods or services. Registration of trade mark for
goods/services ‐ Procedure (S.18 ‐23), Grounds of Refusal (S.9 & 11), Prior/Vested Rights (s.34
36), Rectification of register (S.57) Section 9(2) ‐Mark of the nature as to deceive public or cause
confusion‟–Wide power –no mention of goods /services Infringement & Passing off Action of
Trade mark (S. 29) Difference between passing off and infringement Passing off Injunction
against registered trademarks. Passing off for similar goods/ different goods/ based on trans‐
border reputation, Protecting Domain Names as Trade Marks

MODULE-III
Classes of works in which copyright subsists – S.13, Copyright only in expression No Copyright
in Ideas, Definitions of various works: Artistic work s.2(c), dramatic work s. 2(h), Literary work
s.2(o), musical work s.2(p), computer programmes s.2(ffc), cinematograph films s.2(f), sound
recordings s.2(xx), Meaning of „Original‟ & – a prefix to s 13(1)(a), Literary work, Meaning of
Copyright – S.14 – Bundle of Rights, Other important rights in, Computer programmes,
cinematograph film, sound recordings; rental rights, Author‟s Special (Moral) Rights – S.57,
Right to Assign and License – S. 18‐19A, 30 to 32,Rights of Broadcasting Organizations and
Rights of Performers ‐S.37‐38 Exceptions s 39, Ownership of copyright, The first owner – S.17
Who is an author – S. 2(d) and s 2 (g) (s), S.2(uu), authorship of computer generated works,2(d)
(vi), Proviso (c) to s 17; employment; Joint authorship ‐ tests for: Infringement and Exceptions

133
Infringement – S. 51, Relationship with s 14, Exceptions to Infringement – S.52 Rights of Public
– Fair Dealing, News and current events, Teaching and Research, and others incl.

MODULE-IV
Object of Patent System – Encouraging Inventions and working of Inventions in country
concerned. Patentable Inventions – S.2(1)(j), S.2(1)(ja), Non Patentable Inventions – S.3 in
particular clause (d) Procedure for filing Patent Application with emphasis on specifications &
claims, application for examination, rights of patentees, Duties of Patentee, Anticipation – Prior
public knowledge, prior public use, Grounds of Opposition & Revocation – S.25 – Pre‐grant, post
–grant of Patent license, ground of opposition & revocation of Patent, Infringement & Defenses
of Patent.

RECOMMENDED TEXT BOOKS:


1) Law relating to Intellectual Property Rights by V.K.Ahujalexisnexis; 3rd
edition(18july2017)
2) P. Narayanan – Intellectual Property Law.
3) Meenu Paul- Intellectual Property Rights.
4) G.B. Reddy – Intellectual property Rights & Law, Gogia Law agency Hyderabad.
5) Comish W.R. 0 Intellectual Property, Patents, Trademarks, Copyrights and Allied Rights.
3) Vikas Vashisht – Law and Practice of intellectual Property, (1999), Bharat Law House
Delhi.
6) P. Narayanan – Intellectual Property Law, (1999), (ed), Eastern Law House, Calcutta.
7) Bibeck Debroy – (ed), Intellectual Property Rights, (1998), Rajiv Gandhi Foundation,
Delhi.
8) U.I.F. Anderfelt – International Patent Legislation and Developing Countries, (1971).
9) Comish W.R. – Intellectual Property, (3rd Edn), (1996), Sweet & Maxwell.
10) W.R. Mann – Transfer of Technology (1982).
11) Mata Din – Law of Passing Off and Infringement Action of Trademarks (1986).
12) P.S. Sangal & Kishore Singh – Indian Patent System and Pairs Convention – Legal
Perspectives (1987).
13) Meenu paul- Intellectual property Rights, (5th Edtn) Allahabad law Agency

134
CASE LAWS:
1) Raj Prakash Vs. Mangat Ram AIR 1978 Del.1
2) M/S Shining Industries Vs. M/S Shri Krishna AIR 1975 Allahbad 231
3) M/S Bishwanath Prasad Radhey Shyam Vs. M/S H. M. Industries. AIR 1982 SC 1444
4) R. Jayalakshmi Vs. Meta Musical AIR 2000 Mad. 454
5) Penguine Books Ltd. Vs. M/S India Book Distributors AIR 1985 Delhi 29
6) Fortune Films International Vs. Dev Anand AIR 1979 Bom. 17
7) La Chemise Lacoste Vs. R. H. Garments 2006(32) PTC 481 (Delhi)
8) Laxmikant Patel Vs. Chetan Bhai Shah 2002(24) PTC 1 SC
9) London Rubbers Ltd. Vs. Durex Products AIR 1963 SC 1882
10) Pizza Hut International Vs. Pizza Hut India Pvt. Ltd. 2003(26) PTC 208 Bom.

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLB602 RENT ACTS

PREREQUISITE NIL

OBJECTIVES:
The present subject Rent Acts incorporates two basic laws viz,Delhi Rent Control Act, 1958 and The
Haryana Urban (Control of Rent and Eviction) Act, 1973.The famous maxim – saluspopuliest Suprema
lex i.e. the welfare of the people is ‘Paramount Law’ is the corner-stone of the law of rent acts. After
44the Amendment Act, 1978 now the right to property is legal right but not fundamental right guaranteed
to the citizen under Constitution of India.
The object of this paper is to focus on land reforms in India, and the Provisions of the Rent Laws under
the Delhi Rent Control Act, 1958 and The Haryana Urban (Control of Rent and Eviction) Act, 1973.

LEARNING OUTCOMES:

The students will be able to:


1. Have an understanding of the fundamental concepts of the rent acts.
2. Analyse the grounds of eviction of tenants under the said rent acts.
3. Have an understanding of the working of various functionaries established under the rent acts.

135
MODULE- I
Delhi Rent Control Act, 1958:
1. Definitions,
2. Premises exempted from the applicability of Delhi Rent Control Act, 1958
3. Meaning, Scope and Applicability of Standard Rent
4. Provisions Regarding Rent,Control of Rent
5. Meaning and scope of contractual and statutory tenancies
6. Control or Eviction of Tenants
7. Special Procedure for disposal of application in certain cases

MODULE- II
Delhi Rent Control Act, 1958:
1. Deposit of Rent
2. Non - Payment of Rent / Arrears of Rent
3. Sub– letting the rented premises
4. Impermissible use of the rented premises
5. Non – occupation of rented premises by the tenant
6. Bona fide requirement of the rented premises by the landlord
7. Tenant building own premises, acquiring vacant possession or allotment of a residence
8. Appointment of Controllers and their powers
9. Appeals
10. Provisions regarding special obligations of Landlords
11. Penalties
MODULE-III
The Haryana Urban (Control of Rent and Eviction) Act, 1973
1. Definition
2. Exemption
3. Determination of fair rent
4. Revision of fair rent in certain cases
5. Landlord not to claim anything in excess of fair rent
6. Deposit of rent
7. Rent which should not have been paid may be recovered
136
8. Increase of rent on account of payment of rents, etc., of local authority
9. Landlord to provide certain amenities
10. Landlord not to interfere with amenities

MODULE-IV
The Haryana Urban (Control of Rent and Eviction) Act, 1973:
1. Conversion of residential building into a non residential building
2. Failure by landlord to make necessary repairs
3. Evictions of tenants
4. Special procedure for disposal of applications in certain cases
5. Decisions which have become final not be reopened
6. Appellant and Revisional authorities
7. Power to summon and enforce attendance of witnesses
8. Execution of decrees
9. Institution and disposal of application
10. Power to transfer proceedings and filing of appeals and revision against orders of
Subordinate and District Judges
11. Landlord and tenant to furnish particulars
12. Costs and penalties
REFERENCES:
1) SukhDev Aggarwal : The Haryana Urban (Control of Rent and Eviction) Act, 1973
2) .G.C. Bharuka (Rev.), Mulla’s The Transfer of Property Act, 1882 (10th ed., 2006)
3) Jaspal Singh, Delhi Rent Control Act (6th ed., 2007)
4) Rameshwar Dial and Adarsh, Law of Rent Control in Delhi (2nd ed., 2005)
5) The Delhi Rent Control Act, 1958
6) The Slum Areas (Improvement and Clearance) Act, 1956
7) The Delhi Rent Control Act, 1995
8) The Transfer of Property Act, 1882
9) The Indian Easements Act, 1882

137
CASE LAWS

1) Palami Swami v. Palami Swami 2003(1)SCC 123


2) DhanapalChettiar v. YesodaiAmmal AIR 1979 SC 1745
3) Pukhraj Jain V. Padma Kashyap AIR 1990 SC 113
4) Dattarya v. Emperor AIR 1948 Bom 239
5) Gomti Devi v. Om Prakash 1981 RCR 569

6) Satyajitsingh v. skipper towers 79 1999 DLT 521


7) Karnani properties v. Augustin 1957 SCR 20
8) Standard Pharmaceuticals v. Gyan Chand jain
9) S B Noronah V. PremKumari Khanna (1980) 1 SCC 52
10) Shiv Chander Kapoor v. Amar Bose 1990 (1) SCC 234
11) Brijbhushan v. kewalkumar 1998
12) Daulat ram v. kuldeepsinghrawatAIR2005,98
13) Dina nath Sharma v. ram kumar AIR2011 354
14) Hardipsingh v. Dr KewalKrishan SCSC (2) 121
15) District Khadi Gram UdhyogKarya Karta Sangh, bhatinda v. Vedprakash 2000 P&B 204
16) Hem Chand v. D.C.M. (1977) 3 SCC 483
17) Ram Murti v. Bholanath, AIR 1984 SC 1392 84
18) Jagannath v. Ram Kishan Das, AIR 1985 SC 265 91
19) Kamla Devi (Smt) v. Vasdev, AIR 1995 SC 985

138
Specialization-A - Criminal Law

COURSE CODE COURSE NAME L T P C


WHITE COLLAR CRIMES & PRIVILEGED 4 1 0 4
20LLBCS603 CLASS DEVIANCES

PREREQUISITE NIL

OBJECTIVES:
This course focuses on the "Criminality of the "Privileged classes". Accordingly, the course
focuses on the relation between privilege power and deviant behaviour. The traditional
approaches which highlight "white-collar offences", "socio-economic offences" or "crimes of the
powerful" deal mainly with the deviance of the economically resourceful. The dimension of
deviance associated with bureaucracy, the new rich (nouveau riche), religious leaders and
organizations, professional classes and the higher bourgeoisie are included here.

LEARNING OUTCOMES:
After going through the course study, the student will be able to have a clear perspective with
respect to:
1) Understanding what are the white collar crimes & what is their relationship with the
power class.
2) Will understand & study the unethical practices undergoing in various professional
bodies & reasons likely to be behind this malpractice.
3) The response of the Indian judiciary towards it, & the changes seen with the recent trends
4) Students will study & understand some of the Major case studies pertaining to big
scandals that changed the nation’s perspective towards such kind of crimes.

MODULE-I
Conceptual Perspective of White Collar Crimes
Concept and Types of White Collar Crimes
Indian Approaches to Socio-economic Offences
Privileged class deviance

139
Growth of White Collar Crime s
Need for Specific Measures

MODULE-II
Professional Deviance
Unethical practices of the Indian Bar
Unprofessional and Unethical Journalism
Medical Malpractice
Organizational or Corporate Crime

MODULE-III
White Collar Crime and Response of Indian Legal Order
Law Commission recommendations
White Paper on white collar crime
Vigilance Commission
Public Account Committee
Ombudsman Lokpal Bill
MODULE-IV
Corruption in Politics and Government & Some major Scandals:
Bofors Scandal
Stock Market Manipulation Scam 1999-2001
2G Spectrum Allocation Scandal
Commonwealth Games Scandal
Satyam Computer Scam
Fodder Scam
JBT Scam
Latest Coal Scam

SUGGESTED READINGS:

1) Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House,
New Delhi.

140
2) 2. Upendra Baxi (ed.), Law and Poverty: Essays (1988)
3) 3. Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond (1989)
4) Surendranath Dwivedi and G.S. Bhargava, Political Corruption in India (1967)
5) A.R. Desai (ed.) Violation of democratic Rights in India (1986)
6) A.G. Noorani, Minister's Misconduct (1974)7.B.B. Pande, 'The Nature and Dimensions
of Privileged Class Deviance" in the Other Side of Development 136 (1987; K.S. Shukla
ed.).

COURSE CODE COURSE NAME L T P C


ECONOMIC OFFENCES 4 1 0 4
20LLBCS604

PREREQUISITE NIL

OBJECTIVES:
The course tends to develop amongst the students, an overall understanding of economic
offences that poses serious threat to the economy & has serious concerns with respect to national
security & governance. It gives an overview of economic crimes & the relevant legislation &
enforcing agencies related to it in India.

LEARNING OUTCOMES:
After studying this course, the student will be able to:
1) Understanding economic offences & their impact on Indian Economy.
2) Identify the types of economic crimes & will be in a position to discuss and to
develop a perspective on the trend of economic crimes prevailing in the country.
3) Have an over view of the legislative enactments related to the economic offences &
the enforcement machinery in operation to curb this.
4) Judicial trend in economic offences.
5) Have an understanding of Trial & Punishment of Economic Offences in India.
6) Understand the concept of Exclusion of Mens-Rea & economic offences in India.

141
MODULE-I
Introduction: Definition, Nature& types of economic crimes, White collar crimes, causes of
economic offences& its effect on the individual, society & nation, Distinction between
Traditional and socio economic crimes with reference to mens rea, Concept of punishment and
form of punishment.
Emerging Social Crimes: Acid Attack, Honor killing, Crimes against old aged persons, Black-
marketing and hoarding of essential commodities.

MODULE-II
Risk Management in General and life insurance: Grievance redressal mechanism in general
insurance, mechanism to identify avoid, prevent frauds, vigilance mechanism in general
insurance, role and significance of information technology in insurance fraud, ethics in the
conduct of business, Judicial attitude – Legislations against socio-economic offences.Procedure
& Trial of economic offences & the new judicial trend in present context dealing with economic
Offences, Judicial decisions on economic offences- leading cases, CVC, CID brief overview of
enforcement authorities like police, CBI, Enforcement Directorate, CBDT, Food inspector,
power of food inspectors, procedure to be followed by food inspector

MODULE-III
Laws relating to maintenance of essential supplies, Laws on maintenance of standards of weights
and measures, Prevention of Money Laundering Act- 2002, foreign exchange regulations under
FERA & FEMA including measures to combat computer related crimes with the advent of
Information technology, Control of Spurious Drugs. Law relating to food safety: the prevention
of food adulteration act 1954, introduction to the prevention of food adulteration act 1954,
penalties cognizance and trial of offence, The Food safety and standards act 2006: introduction
and objectives of FSSAI, Scientific pannel, Scientific Committee, Liability of Manufacturers,
packers, wholesale distributors and sellers, Licensing and registration of food business and
penalties.
MODULE-IV
Practice and Dimensions of corruption: Corruption as a menace, The Prevention of Corruption
Act, 1988; Objectives, Salient Features, Special judges, Procedure and power of special judges,

142
Anti Corruption Laws Redefining our Response to Socio-Economic Offences, Offences under
the Income Tax Act, 1961.Law Relating to Immoral Trafficking Definitions of Brothel, child ,
major , minor , Prostitution, Punishments, Detention in corrective institution, Eviction Order,
Protection Homes, Special Courts Terrorist Financing, Illicit trafficking in arms, Theft of
intellectual property, Computer crime/software piracy, Stock market manipulations,
Racketeering in employment, Illegal foreign trade, Racketeering in false travel documents.

RECOMMENDED TEXT BOOKS:


1) Economic Offences In India Impact Analysis -Author:- Dr. Shivani Mohan
2) Socio-Economic Offences Laws Hardcover – 2015- Universal Legal Manual
3) Offences under Corporate Laws: Compounding, Adjudication, Prosecution and Relief
& Remedies- By K.S Ravichandran
4) Combating Economic Crimes: Balancing Competing Rights and Interests in
Prosecuting the Crime of Illicit Enrichment (Routledge Research in Transnational
Crime and Criminal Law)- By NdivaKofele-Kale
5) Investigation of Fraud & Economic Crime – By Michael J. Betts
6) Mahesh Chandra, Socio- Economic Offences (1979)
7) Prevention of Corruption Act with a treatise on Anti- Corruption Laws (3rd Ed.,
2000) M. C. Mehanathan
8) Law on Prevention of Money Laundering in India (2014)
9) UpendraBaxi – Liberty and Corruption: The Antulay’s Case and Beyond
10) (1989)
11) D.B. Pande – The Nature and Dimensions of Privileged Class Deviance
12) SurendraNath&Bhargava – Political Corruption in India
13) Gilbert Geis – White Collar Crime in Business, Politics and Profession
14) Sutherland – White Collar Crime
15) Law Commission on Scoio – Economic Offences (47th Report)
16) Muller & Wise – International Criminal Law
17) Bassioni – A Treatise on International Criminal Law

143
SUGGESTED READINGS:
1) UN Convention against Corruption, 2003, Santhanam Committee Report on Prevention
of Corruption in Central Government 1964, Conservation of Foreign Exchange &
Prevention of Smuggling Activities Act, 1974.
2) Smuggling and Foreign Exchange Manipulators (Forfeiture of Property) Act. 1976

CASE LAWS

1) PUCL (PDS Matters) v. Union of India, (2013) 2 SCC 663.

144
2) Ranjit Kr v. State of BiharAIR 2014 Pat 14
3) Abdul Rashid v. State of Haryana, 2014 Cri LJ 1588.
4) Swami AchyutanandTirth v. Union of India 2013(5) SCALE 23.
5) Centre for Public Interest Litigation v. Union of India AIR 2014 SC 49
6) Mahesh Chand v. State of UP, 2013 (10) ADJ 222.
7) ManoharLal Sharma v. Principal Secy 2013 (15) SCALE 305
8) Y.S. Jagan Mohan Reddy v. CBI (2013) 7 SCC 439
9) Nimmagadda Prasad v. CBI (2013) 7 SCC 466.
10) VidyaDhar v. Multi Screen Media (P) Ltd (2013) 10 SCC 145
11) NiranjanHemchandraSashittal v. State of Maharashtra (2013) 4 SCC 642
12) CBI v. Jagjit Singh (2013) 10 SCC 686.
13) State of Kerala v. President, Parent Teacher Association SNVUP AIR 2013 SC 1254
14) Ashok Kumar Sharma v. State of Rajasthan (2013) 2 SCC 67
15) State of Rajasthan v. BheruLal (2013) 11 SCC 730.
16) Navdeep Singh v. State of Haryana(2013)2 SCC 584.
17) Abbas Ali v. State of Punjab, (2013) 2 SCC 195
18) Budh Singh v. State of Haryana, (2013) 3SCC 742
19) Thana Singh v. Central Bureau of Narcotics, (2013) 2 SCC 603.
20) Kashmiri Lal v. State of Haryana, (2013) 6 SCC 595 (decided on 16/5/13)

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLBCS605 FORENSIC SCIENCE

PREREQUISITE NIL

OBJECTIVES:
Students will be able to draw appropriate scientific conclusions from evidence and experimental
data and acquire broad fundamental concepts, theories and principles of Forensic Science.

145
LEARNING OUTCOMES:
1) Demonstrate competency in the collection, analyses and evaluation of evidence and
identification, preservation and documentation of physical evidences.
2) Identify and examine current and emerging concepts and practices within forensic
science field.
3) Identify the role of Forensic scientist and physical evidence within criminal justice
system.
MODULE-I
Definition of Forensic Science, Origin and history of Forensic Science.
Importance of Forensic Science in Criminal investigation.
Disciplines of Forensic science:- Forensic Fingerprint
a) DNA (Deoxyribonucluc acid)
b) Trace evidences
MODULE-II
Forensic Toxicology: Law relating to Poisons, Action of poisons asphyxiates, Carbon dioxide ,
Carbon Monoxide, War gases.
Forensic pathology, Post Mortem Examination- Object and Rules.
Inquest Report ( Section 174 and 176) Cr. P.C.

MODULE-III
Medico- legal aspects of Death.
Different aspects of Death, Classification and manner of death.
Post mortem changes and Early Post mortem changes like Livor Mortis, Rigor Mortis, Algor
Mortis and Time of death estimation.
MODULE-IV
Expert Evidences (Section 45-51) of Indian Evidence Act
Legal Procedure in criminal courts and their power: Examination in chief, Cross Examination,
Re – examination.
Evidences- Medical Reports, Dying Declaration, Death certificate and Oral evidence.

146
RECOMMENDED TEXT BOOKS:
1) “Forensic pathology” by Dominick J. Di Maio
2) “Effective Expert Witnessing” by Jack V. AMatson
3) “Forensic Medicine for the Police” by B. Umadethan
4) “Forensic science in India- A Vision for 21st Century” by B.B. Nanda, R.K. Tiwari

COURSE CODE COURSE NAME L T P C


4 1 0 4
20LLBCS606 TERROR & SECURITY LAW

PREREQUISITE NIL

OBJECTIVES:
The aim of this course is to make the student accurately interpret, understand and apply national
and international security law and policy. The course provides a detailed overview of subject of
terrorism and security by analyzing the relationship between human rights and terrorism.

LEARNING OUTCOMES
After completing this course, the student will be able to:
1) Have an introduction to the various theories related to the study of terrorism.
2) Describe the development of security law and policy
3) Analyze the various statutes, policy papers, and other documents related to India’s
security.
4) Evaluate the threat that terrorism poses as related to concept of human rights.
5) Assess the role that the government plays in our protection.
6) Evaluate current issues in light of existing law and policy.

MODULE– I
Meaning and Concept of National Security, Importance of National Security, Scope of National
Security, India’s National Security, Relationship between National and International Security,

147
Military History of India, Chief of Defense Staff, Crime Terror Nexus: Organized criminals
groups and terrorist organization relationship.

MODULE– II
United Nation and Counter terrorism, International cooperation in criminal matters and
terrorism, International human rights and terrorism- Possible impact on human rights, Legal
Aspect of International security, Corporative Security in Asia: China and North Korea
Agreement, Nature of Modern terrorism, Types of Threats, Pattern and Trends, Human Rights
and Indian Constitution.
MODULE– III
Meaning, Definition and causes of terrorism, “Terrorism” - A threat to India’s security, Impact
of terrorism on national development, International terrorism and counter terrorism, Post Modern
Terrorism: trends, scenarios and future threats ,Terrorist groups and their campaign, Cyber
terrorism, Anti terrorism laws in India- Various Central Acts dealing with terrorism in the past
and present, judicial interpretation of substantive provisions under IPC, Judicial interpretation of
Procedural Issues.

MODULE– IV
Armed forces (Special Protection Act) , Recent debates on relevancy of Armed forces (Special
Protection Act) , Sino - India strategic relationship, Indo - Australia Relation, Relation with
African and Latin America country, Nuclear Development and South Asian Security.

SUGGESTED READINGS:
1) Global Anti Terrorism law and policy – Victor V. Ramraj, George Williams, Michael
Hor
2) Anti terror laws in India- Dr. Sharanjit
3) The State, Democracy and anti terror laws – Ujjwal Kumar Singh
4) International law on the maintenance of peace – Robert Kolb
5) Every War Must End- by Fred Charles Iklé
6) A Savage War of Peace. by Alistair Horne
7) Donald Kagan—The Peloponnesian War

148
8) Kanti P. Bajpai and Harsh V. Pant on India’s National Security, Published by Oxford; 1 st
ed Edition
9) Vaughan Lowe on International Law Published by Oxford University Press
10) Shruti Bedi on Indian Counter Terrorism Law, Volume 1, LexisNexis
CASE LAWS:
1) R (saifi) Vs Governor of Brixton Prison (2001) 1 WLR1134
2) Chhehl Vs UK (1996) 23 EHRR 413
3) Latif Vs Obama 666 F. 3d 746, 747 (D. C. Cir.2011)
4) Military Commission: al - Nashiri 921 F. 3d 224,229(D.C. Cir 2019)
5) Naga People's Movement of Human Rights Vs Union of India (1998) 2 SCC 109
6) Zameer Ahmed Latifur Rehman Shaikh Vs State of Maharashtra (2010) 13 SCC 5
7) A. K. Gopalan Vs State of Madras AIR 1950 SC 27
8) A. K. Roy Vs Union of India AIR 1982 SC 710
9) D. K. Basu case (1997) 1 SCC 416
10) Kartar Singh Vs State of Punjab (1994) 3 SCC 569
11) Hilendra Vishnu Thakur Vs State of Maharashtra (1994) 4 SCC 602
12) Devender Pal Singh Case 2002 (1) SC (cr.)209
13) Kehar Singh Vs Delhi Administration AIR 1988 SC 1883
14) Rajeev Gandhi Assassination Case 1999 (5) SCC 253
15) Sanjay Dutt Case 1994 SCC 410
16) Mumbai Attack Case (2012) 9 SCC 1
17) Afzal Guru Case (2003) 6 SCC 641
18) Rahul Vs Bush 542 U. S. 466 (2004)
19) Handi Vs Rumsfeld 542 U. S. 507(2004)
20) Boumdierce Vs Bush 553 U. S. 723(2008)
21) A Vs Secretory of State for Home Department (2004) UKHL 56
22) People's Union for Civil Liberties Vs Union of India AIR (2003)SC 2363
23) Saldeiz Case (2008) ECHR 1592
24) Krause Vs Switzerland Application no - 79866/77 ECHR
25) The law office of Ghazi Suleiman Case (2003) ACHPR 47
26) Heaney and McGuinness Application no - 34720/97 ECHR

149
27) The Tabs Case https://doi. org/10.18356/0d67b079-en-fr
28) Case of NallarTnam Singarasa - S. C. Spl(LA) No. 182/99
29) The Ghailani Case S10 98 Crim. 1023 (LAK)
30) The El Haski Case (2013) 56 EHRR 31

Specialization-B- Corporate Law


COURSE CODE COURSE NAME L T P C
FINANCIAL MARKET REGULATIONS 4 1 0 4
20LLBCB 603

PREREQUISITE NIL

OBJECTIVES:
The Course aims at providing the students, basic knowledge about the Finance concepts, markets
and various services provided in those markets. The syllabus is structured in a way which
provides adequate information about the roles of intermediaries and its regulating bodies. The
Course also provides information about the prevailing financial system in India.

LEARNING OUTCOMES:
Students become familiar with the financial systems and what is the relation between money
market and capital market & the problems faced by financial service sector. They know about the
trending concept of mutual funds and their working. They also become aware with the role of
SEBI.
MODULE- I
Introduction: Need and Significance of Financial Market Regulation.
Financial systems In India – Structure, Regulation Role and Functions
Characteristics of Financial markets
Overview of Financial Systems - Financial Instruments, Financial Markets, Capital Markets &
Money market.

150
MODULE – II
Objectives of financial services - types of financial services, capital market services &
Money market services
Intermediaries: Meaning, Functions and Significance of Mutual Funds, Credit Rating, Depositary
and Custodial Services.
Commercial Banks: The Structure and Functions of Commercial Banks in India, Lead Bank
Scheme, Regional Rural Banks, Recommendations of Important Committees on Bank Finance.
Corporations& insurance corporations- financial services sector problems and reforms.

MODULE– III
Venture capital: growth of venture capital in India- financing pattern, legal aspects and
Guidelines for venture capital, leasing- types of leases, leasing vs borrowing - credit rating.

CRISIL, ICRA & care - factoring, forfeiting, bill discounting, types of factoring arrangements,
factoring in Indian context.

MODULE– IV
Mutual funds: concepts and objectives – functions and portfolio classification-guidelines for
Mutual funds, working of public and private mutual funds in India, debt securitization, Demat
services - need and operations, role of NSDL & CSDL.

Functions of stock exchange -listing & formalities in stock exchange

Laws governing non-banking financial corporations: laws pertaining anti- money laundering;
Money Laundering - Meaning and SEBI Regulations on Money Laundering;

Anti-Laundering of Money, Meaning, Prevention of Money Laundering Act 2002

REFERNCES:
1) G.S.Batra – Financial Services & Market.
2) Meir Khan – Financial Institutions and Markets, Oxford Press.
3) I M.Bhole , Financial Institutions and Market, TATA McGrawHIll
4) V.A.Avadhani ,Marketing of Financial Services, Himalayas Publishers, Mumbai
5) Vasant Desai, Indian Financial Systems, Himalaya Publishers

151
6) Books for Reference :
7) Benton E.G.,Financial Intermediaries An Introduction
8) EdministerR.D.FinancialInstitution ,Market and Management.
9) Verma, J.C.A Manual Of Merchant Banking
10) M.WestLake ,FactoringN.Vinayakan ,A profile of Indian Capital Market
11) I. M. Bhole, Financial Institutions and Markets, TATA McGraw Hill
12) V. A. Avadhani, Marketing of Financial Services, Himalaya Publishers, Mumbai
13) Vasant Desai, Indian Financial Systems, Himalaya Publishers.
14) E. G. Benton, Financial Intermediaries An Introduction
15) R. D. Edminister, Financial Institution – Market and Management
16) J. C. A. Verma, Manual of Merchant Banking
17) M. West Lake, Factoring
18) N. Vinayakan, A Profile of Indian Capital Market
19) Meir Khan, Financial Institutions and Markets, Oxford Press

COURSE CODE COURSE NAME L T P C


FINANCIAL INSTITUTIONS & BANKING LAW 4 1 0 4
20LLBCB604

PREREQUISITE NIL

The Financial Institution is one of the four segments or components of a financial system. These
are intermediaries that mobilize savings and facilitate the allocation of the funds in an efficient
manner. Financial institutions can be classified as banking and non-banking financial institution.
Banking institution are creators and purveyors of credit while non-banking financial institutions
are purveyors of credit. While the liability of banks is part of the money supply, this may not be
true of non-banking financial institution. In the post-reforms era, the role and nature of activity
of these financial institutions have undergone a tremendous change. Banks have now undertaken
non-bank activities and financial institutions have taken up banking function. Most of the
financial institutions now resort to financial markets for raising funds.

152
OBJECTIVES:
The banking law helps in understanding the economy of the country and the interest of
depositors. A banking lawyer will need to balance compliance by adhering to all applicable laws
and regulation (which are often across multiple jurisdiction) and mediate parties by helping them
reach mutually satisfactory term. The provisions of Reserve bank of India Act, 1934 regulate the
issues of bank notes, the keeping of reserve to ensure stability in the monetary system and
generally to operate the nation’s currency credit system effectively. Negotiable instruments Act
deals with the system by which instruments contemplated by it could pass from hand to hand by
negotiation like any other goods.

LEARNING OUTCOMES:
On completion of this course, students will be able to:
1) Acquainted with the concept of banks and its working and what is the relationship
between bank and its consumers.
2) They will come to know about the functioning of Reserve bank of India which is the most
important banking institution in the country who is responsible for maintaining price
stability and ensuring adequate credit availability to finance economic activities for the
benefit of the country.
3) Become familiar with different kinds of instruments provided under Negotiable
instrument Act which helps them in their practical life

MODULE – I
The Banking Regulation Act, 1949:
Meaning and Definition of Bank and Banker- Classification of Banks
Functions of Bank
Relationship between Bank and Customer
Control by government and it agencies
Management of Banking companies- Licensing; account and audit; Reconstruction and
reorganization of banking companies, Suspension and winding up of business of banking
companies
Social control over banking- Banking Ombudsman

153
Recent Trends in Banking: Automatic Teller Machine and Internet Banking, Smart Credit Cards,
Banking Frauds.

MODULE – II
The Reserve Bank of India Act, 1934:
Incorporation and Capital
Management and Business of Banking Company
Central Banking function of Reserve Bank of India
Collection and furnishing of Credit Information
Control of Reserve Bank of India over Non-banking Institutions and Financial Institutions
Credit Control by Reserve Bank of India
General provisions and penalties

MODULE – III
The Negotiable Instruments Act, 1881:
Definition and characteristic of Negotiable Instruments (Sec 13)
Kinds of Negotiable Instruments (Sec 4, 5, 6)
Maturity of the Instrument
Holder (Sec 8)
Holder in Due Course (Sec 9)
Parties to Notes, Bills & Cheque and their Liabilities (Sec 26-45A)
Transfer and Negotiation (Sec 46-60)

MODULE – IV
The Negotiable Instruments Act, 1881
Discharge from Liability (Sec 82-90)
Indosement-Definitions and its kinds
Presentment and Payment of Instruments
Noting and Protest of Negotiable Instruments
Crossing of Cheques (Sec 123-131A)
Liability of Collecting Banker (Sec 131)
Dishonour of cheques (Sec 138-148)

154
PRESCRIBED LEGISLATION:
1) The Banking Regulation Act, 1949
2) The Reserve Bank of India Act, 1934
3) The Negotiable Instruments Act, 1881

RECOMMENDED TEXT BOOKS:


1) Avtar Singh, Banking & Negotiable Instruments (4th ed.,2019)
2) Dr. R.K Bangia, Banking law and Negotiable Instruments Act (ed., 2015)

REFERENCES:
1) O.P.Faizi & Ashish Aggarwal, Khergamvala on the Negotiable Instruments (20 th
ed.,2008)
2) M.L.Tannan, Banking law and practice in India (27th ed., 2017)
3) Raj Kumar Gupta, Banking law and Practice (ed., 2014)
4) Shubham Sinha, The Banking laws of India (ed., 2015)
5) Sir Ross Cranston, Principles of Banking Law (ed., 1997)
6) Jyotsana Sethi & Nishwan Bhatia, Elements of Banking and Insurance(ed., 2012)
7) Ranganath Misra, Bhashyam and Adiga’s Negotiable Instrument Act (18th ed., 2008)
8) Avtar Singh, Negotiable Instruments (4th ed., 2005)
9) Jhabvala, The Negotiable Instruments Act (ed., 2008)
10) Dr. R.K Bangia,The Negotiable Instruments Act ( ed., 2017)
11) S.Krishnamurti Aiyar , Law Relating to the Negotiable Instruments Act (10 th ed., 2009)
12) Law Commission of India, Eleventh Report on the N I Act,1881 (1958)
13) Law Commission of India, One Hundred and twenty Fifth Report relating to
Establishment of Evening Courts (1988)
14) Law Commission of India, Two hundred thirteenth Report on Fast Track Court for
Dishonour cheques cases
15) Saharay’s, Negotiable Instruments Act(ed.,2018)

CASE LAWS:
1) Sajjan Bank v. Reserve Bank of India AIR 1961 Mad 8

155
2) 2. Shivabhai Zaverbhai Patel v. Reserve Bank of India AIR 1986 Guj 19
3) 3. Janata Sakahari Bank Ltd. v. State of Maharasthtra AIR 1933 Bom 252
4) Canara Bank v. P.R.N. Upadhyaya (1998) 6 SCC 526
5) Namazi v. Custodian of Evacuee Property, Madras AIR 1951 Mad 930
6) Transcore v. Union of India (2008) 1 SCC 125
7) National Polymers v. Union of India AIR 2011 Bom 132
8) Mohammad Khan v. Attar Singh, AIR 1936 PC 171
9) Ponnuswami Chettiar v. P.V. Chettiar AIR 1957 Mad 355
10) Ashok v. Surendra AIR 2001 SC 1315
11) Lachmi Chand v. Madanlal Khemka AIR 1947 ALL.52
12) Singheswar Mandal v. Gita Devi AIR 1975 Pat. 81
13) U. Ponnappa Moothan Sons v. Catholic Syrian Bank Ltd. (1991)1 SCC 113
14) Canara Bank Ltd. v. I.V. Rajagopal (1975) 1 M.L.J. 420
15) Shivalingappa v. P.B Puttappa AIR 1971 Mys. 273
16) Bapulal Premchand v. Nath Bank Ltd, AIR 1946 Bom.482
17) K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510
18) Harman Electronics Pvt. Ltd. v. National Panasonic India Pvt. Ltd. (2009) 1 SCC 720
19) Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. (2001) 3 SCC 609
20) Dashrath Rupsingh Rathod v. State of Maharashtra (2014)9 SCC 129

COURSE CODE COURSE NAME L T P C


COMPANY SECRETARIES ACT 4 1 0 4
20LLBCB605

PREREQUISITE NIL

OBJECTIVES:
Study of the course help students in understanding corporate Governance, effective management
for protection of interest of all stake holders. They become familiar with the rules regarding
Promotion, formation and incorporation of companies and matters related therewith.Filing,
registering any document including forms, returns and applications by and on behalf of the

156
company as an authorized representative. Maintenance of secretarial records, statutory books and
registers, Arranging board/general meetings and preparing minutes & relating to shares and their
transfer and transmission.

LEARNING OUTCOMES:
Students acquainted with the Incorporation of the Institute of Company Secretaries of India,
Entry of member’s names in the Register, Disabilities of members, Constitution of the Council
of the Institute, Functions of Council, Duration and dissolution of the Council, removal of
members from register, Misconduct, Penalties, quality review board , Dissolution of the Institute
of Company.
MODULE-I
Short title, extent and commencement of The Company Secretaries Act,1980, Definitions and
interpretation.
Institute of Company Secretaries of India-

Incorporation of the Institute, Entry of names in the Register, Associates and Fellows,
Certificate of Practice, Members to be known as Company Secretaries, Disabilities

Register of Members:
Register, Removal from the Register
MODULE– II
Council of the Institute:

Constitution of the Council of the Institute, Re-election or Re-nomination to Council,


Settlement of disputes regarding election, Establishment of Tribunal, Nomination in default of
election, President and Vice-President, Duration and dissolution of the Council,

Functions of Council, Functions of Institute, Imparting education by universities andother


bodies, Officers and employees, salary, Allowances etc., Committees of the Council, Finances
of the Council

MODULE -III
Misconduct:

157
Disciplinary Directorate, Board of Discipline, Disciplinary Committee their powers, ,
Transitional provisions, Professional or other misconduct defined, Constitution of Appellate
Authority, Term of office, Procedures, Officers and other staff of Authority, Appeal to Authority.
Regional Councils- Constitution and functions of Regional Councils

Penalties:
Penalty for falsely claiming to be a member etc., Penalty for using name of the Council, or
awarding degree of Company Secretary, Companies not to engage in Company Secretary ship,
Unqualified persons not to sign documents, Offences by companies, Sanction to prosecute

MODULE -IV
Dissolution of the Institute of Company:
Dissolution of the Institute of Company Secretaries, Transfer of assets and liabilities of the
dissolved company to the Institute, Provisions respecting employees of the dissolved company,
Alteration in the Register and Cancellation of Certificate,
Directions of the Central Government, Protection of action taken in good faith, Members, etc. to
be public servants, Maintenance of branch offices, Reciprocity,

Power of Central Government to make rules, Power to make regulations, Regulations and
notifications to be laid before Parliament.

PRESCRIBED STATUTES:
1) Company Secretaries Act, 1980

RECOMMENDED TEXT BOOKS:


1) Avtar Singh ―Company Law‖ 15th Edition Eastern Book Company
2) A.K. Majumdar, Dr. G.K. Kapoor Company Law and Practice 15th Edition
3) Taxmann‘s
4) R. Rajagopalan - Directors and Corporate Governance.
5) S. K. Bhatia - Business Ethics and Corporate Governance.
6) JatinParmar-Corporate Governance.
7) Dr. Suman Gupta-Shareholder DemocracyFact or Fiction.
8) Kuchhal M C, Corporate Laws, Shri Mahaveer Book Depot, New Delhi.
9) Sharma, J.P., An Easy Approach to Corporate Laws, Ane Books Pvt. Ltd., New Delhi
158
10) Ramaiya, A Guide to Companies Act, LexisNexis, Wadhwa and Buttersworth.
11) Kannal, S., & V.S. Sowrirajan, Company Law Procedure, Taxman’s Allied Services
(P)
12) Ltd., New Delhi.
13) Singh, Harpal, Indian Company Law, Galgotia Publishing, Delhi.
14) Companies Act and Corporate Laws, Bharat Law House Pvt Ltd, New Delh

COURSE CODE COURSE NAME L T P C


SECURITIES CONTRACT REGULATION ACT 4 1 0 4
20LLBCB606

PREREQUISITE NIL

Financial markets are a mechanism enabling participants to deal in financial claims. The markets
also provide a facility in which their demands and requirements interact to set a price for such
claims. The main organized financial markets in India are the money market and capital market.
The first is a market for short-term securities while the second is a market for long-term
securities i.e. securities having period of maturity of one year or more. Financial markets can
also be classified as primary and secondary markets. While the primary market deals with new
issues, the secondary market is meant for trading in outstanding or existing securities.

OBJECTIVES:
The study of the course will help students in understanding that the securities contracts act was
enacted in order to prevent undesirable transaction in securities and to regulate the working of
stock exchanges in the country. The act deals with stock exchanges through a process of
recognition and continued supervision, contracts in securities, listing of securities on stock
exchanges. The stock market provides mechanism for trading of securities ensuring liquidity to
the investors. The act also contains provision to prevent undesirable transactions in securities and
to promote healthy stock market.

159
LEARNING OUTCOMES:
On completion of this course, students will be able to:
1) Understand the process by which a stock exchange which is desirous of being recognized
for the purpose of the Act may apply to the central government.
2) Understand the procedure by which recognized stock exchange got corporatized or
demutualised under a scheme submitted by them to the SEBI.
3) Comprehend the powers of the central government with respect to recognized stock
exchanges in India.
4) Understand the grounds on which any person aggrieved by the order or decision of the
recognized stock exchange or SEBI may prefer an appeal to Securities Appellate
Tribunal.

MODULE – I
Definitions (Section 2)- Corporatisation; Demutualisation; Derivative; Government Security;
Option in Securities; Non-transferable specific delivery contract; Ready delivery contract;
Recognised stock exchange; Scheme; Securities; Specific delivery contract; Spot delivery
contract; Stock exchange; Transferable specific delivery contract
Introduction and development of stock market in India
Application for Recognition of stock exchanges (Section 3)
Grant of recognition of stock exchanges (Section 4)
Procedure for Corporatisation and Demutualisation (Section 4B)
Withdrawal of Recognition (Section 5)

MODULE – II
Power of central government to call for return (Section 6)
Power of recognized stock exchange to make rules (Section 7A)
Power of central government to make rules (Section 8)
Clearing Corporation and Power to make by-laws (Section 8A & 9)
Power of central government to amend bye-laws and to supersede governing body of a
recognized stock exchange (Section 10 & 11)
Power to suspend business and to issue direction (Section 12 & 12A)

160
MODULE – III
Contracts and Options in securities (Section 2(a), (d), 13 to 16, 19 and Rule 19)
Public issue and Listing of securities (Section 17A)
Contracts in Derivative (Section 2(ac) & 18A)
Spot delivery contract (Section 2(i) & 18)
Listing of Securities (Section 21 to 21F) - Conditions; Procedure for listing; Delisting; Right of
appeal to SAT; procedure and powers of SAT; Appeal to Supreme Court

MODULE – IV
Penalties and Procedure (Section 23 to 23H)
Establishment of Special Court (Section 26A) – Offences triable by the special court; Appeal and
Revision; Application of CRPC to proceedings before special court; Transitional provisions
Powers, Functions and Duties of Stock Exchange
Others provision related to securities- Right to legal representation; Limitation; Civil court not to
have jurisdiction
Powers of SEBI under the Act

PRESCRIBED LEGISLATION:
1) The Securities Contracts (Regulation) Act, 1956
2) The Securities and Exchange Board of India Act, 1992
3) The Depositories Act, 1996

RECOMMENDED TEXT BOOKS:


1) Sangeet Kedia, Capital markets and Securities Law (1st ed.,2012)
2) Y.M. Khan, Indian Financial System (ed., 2019)

REFERENCES:
1) E.T. Lokganathan, Capital markets and Securities Laws (1st ed., 2019)
2) Raghvendra.K.Singh, Law and Regulation of Corporate Securities (1st ed., 2016)
3) Gautham. H. Parkeh, Handbook of Indian Securities (1st ed., 2015)
4) Dr. S.R.Myneni, Law of Investment and Securities (3rd ed.)

161
5) T.Ramappa, Lectures on law of Investment and Securities in India
6) N.S.Zad, Securities Laws and Capital Markets (3rd ed., 2010)
7) CS. Amit Vohra, Capital markets and Securities laws
8) Taxmann’s, Capital markets and Securities Laws (5th ed)
9) S.K.Pandab, Capital markets and Securities Laws
10) Bharat’s, Securities laws and Capital market (12th ed., 2019)
11) Dr. K.S. Ravichandran, A Treatise on Securities laws and FEMA
12) Vinay Kulkarni, Capital markets and Securities Laws
13) Anil Choudhary & Rajneesh Deka, Securities Regulation in India
14) Commercial’s, Securities laws and Capital market
15) The Securities Contracts Regulation Rules, 1957

CASE LAWS:
1) A.Vaidyanathan v. Union of India, AIR 1999 Mad.11
2) Anoop Jain v. SEBI (2003) 48 SCL 266(SAT)
3) BSE Broker Forum v. SEBI, Writ Petition (Civil) 502 of 2000
4) Dahiben Unedbhai Patel v. Norman James Hamilton,(1985) 57 Comp.Cas 700 Bom.
5) Dalmia Securities v. GS Ready, (2003) 42 SCL 500 (SAT)
6) KSL & Industries Ltd. v. SEBI, 2003 48 SCL SAT
7) Naresh K. Aggarwal & Co. v. Canbank Finanacial services Ltd., 2010 6 SCC 178
8) P.G.F. Limited v. Union of India AIR 2013 SC 3702
9) Raymond Synthetics Ltd. v. UOI, 1992 2 SCC 255
10) R.K. Agarwal v. SEBI, (2001) 31 SCL 279
11) Ramrakh R Bohra v. SEBI, (1998) 18 SCL 543
12) Sahara India Real Estate Corporation Ltd. v. SEBI, (2013)1 SCC 1
13) Sahara India Real Estate Corporation Ltd. v. SEBI Civil Appeal No. 9813 of 2011
14) Universal Incast v. Appellate Authority, SEBI (2000 28 SCL 140)
15) Vinay Bubna v. Stock Exchange, Mumbai & Others., AIR 1999 SC 2517

162
Specialization-C- Constitutional Law

COURSE CODE COURSE NAME L T P C

20LLBCA603 CIVIL SOCIETY & PUBLIC GOVERNANCE 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
Citizens need to be provided with the requisite information on service delivery standards,
mechanisms for delivery of services and systems for performance monitoring of public service
organizations in order for them to contribute to public debate about the accessibility and quality
of public services. All this requires an efficient public governance model where public sector,
private sector & citizens all play roles as major players.

LEARNING OUTCOMES:
Civil society is often expected to rise above historical and contemporary socio-economic forces
such as the neoliberal economic policy and undertake the transformation of a stratified society to
an egalitarian society conducive to democracy. The students will critically examine such
expectations. They will be able to understand the interplay of democracy, civil society and public
policy implementation, and how it addresses the role of civil society in terms of the changing
nature of the economy and the condition of the working class. They will also develop a critical
sense of evaluation of government policies and their implementation in the domains of
education, public health, employment, social upliftment and environment.

MODULE-I
Concept of Democratic Decentralization & Public Governance: Concept, Evolution and
Significance of Democratic Decentralisation, Contextual Dimensions of Democratic
Decentralisation-I: Political, Constitutional and Administrative, Contextual Dimensions of
Democratic
Decentralisation-II: Social, Economic and Geographical

163
MODULE-II
Decentralized Development: Decentralization in contemporary settings, Components of
Decentralized Development, Socio-Economic and Politico-Administrative components of
decentralized development, Equal distribution of benefits of development
Decentralized Development through Cooperation:
Partnership among Different Levels of Government-I: Union and State Governments
Partnership among Different Levels of Government-II: Local Authorities and Special Purpose
Agencies. Partnership between Local Government and Non-State Agencies/Actors

MODULE-III
Evolution of Local Government (Before 73rd and 74th Amendment):
Features of 73rd and 74th Constitutional Amendment, Organisational Structure of Rural Local
Bodies, Organisational Structure of Urban Local Bodies, Intra-Local Government Relationship.

MODULE-IV
Emerging Issues and Trends:
Development Planning: Nature and Scope, Micro Level plans: Formulation and Implementation,
Structural Reforms: Resources, Finances, Powers and Functions
Capacity Building of Grassroots Functionaries, Sustainable Development and Challenges to
Decentralised Governance, Decentralisation: The Road Ahead.

RECOMMENDED TEXT BOOKS:


1) Democracy, Civil society & Governance- By Ghanshyam Shah
2) Barthwal, C.P.(ed), Good Governance in India, New Delhi: Deep & Deep publication,
2003.
3) Dey, B. K., Good Governance: Parametric Issues: A Futures Vision, New Delhi: Uppal
Publishers, 2002.
4) Corbridge, S., G. Williams, M. Srivastava and R. Veron. (eds), Seeing the State:
Governance and Governmentality in India, Cambridge: Cambridge University Press,
2005.
5) Leftwich, Adrian, Origin and Emergence of the Concept of Governance, Oxford: Oxford
University Press, 2000.

164
6) Sen Gupta, B., India: Problems of Governance, New Delhi: Konark Publishers, 1996.
7) Bandopadhayay, D., ‘Administration, Decentralization and Good Governance’,
Economic and Political Weekly, Vol. 31, No. 48, 1996.
8) Bhattacharya, M., ‘Conceptualizing Good Governance’, The Indian Journal of Public
Administration, Vol. 75, No. 3, 1998.

COURSE CODE COURSE NAME L T P C


GOVERNMENT ACCOUNT & AUDIT 4 1 0 4
20LLBCA604

PREREQUISITE NIL

OBJECTIVES:
The objective of this course of study is to make the students understand the features of
government accounting system & audit. Initially, audit was confined to a check of financial
statements and regularity of transactions. Over the years it has been extended to cover financial
management and performance. Tax and other receipts of the Central and State Governments,
Central and State Public Sector Undertakings, Autonomous Bodies and Authorities receiving
grants and loans from Government have also been brought under the purview of Government
Audit. Government budget and accounts are not mere financial statements. In the context of a
welfare State, these reflect the goals of development of the nation. Efficient financial control also
requires concurrent internal check and audit, which would greatly facilitate independent external
audit being done more reliably and quickly and at lesser cost.

LEARNING OUTCOMES:
After studying through the syllabus, students would be in a position to understand:-
1) Efficiency, economy and effectiveness of Government programmes, projects and
organizations.
2) This will help them to have a critical analysis of revenues, consumption expenditure,
savings, public debt, capital expenditure and returns.
3) They will learn & understand meaningful interaction between the administrators and the
managers of public sector undertakings and autonomous bodies and authorities.

165
4) They will develop the knowledge of the Auditing Standards & will learn about the basic
principles and practices, which Government auditors are expected to follow.
5) They will be in a position to appreciate the duties and powers of the Comptroller and
Auditor General of India.
6) Students will learn about the professional developments in this field and how they are
incorporated as changes in the legal framework.

MODULE-I
Features of Govt. accounting, accounting in Govt.- Origin Development & departmentalization
of accounts ,Structure and form of Govt. Accounts, Consolidated fund, Contingency fund and
Public Fund & GAR , Classification of Govt. Accounts (LMMH), Constitutional Provisions ,
Payment System, Functions of DDOs & controlling officers, preparation of bills, Pre check of
Bills and payment in the PAO, methods of Payment, Banking arrangements, Focal point banking
system. Personal Account, concept of accounting procedure PAO 2000, Electronic Payment
system, Accounting Procedure-Reserve & Deposits

MODULE-II
Central Govt. (Receipt & Payment Rules), Transfer Entries Adjustment, Rectification of Errors,
Journal Entries, Appropriation Accounts Purpose Use Compilation Consolidation, Finance
Accounts Purpose Use Compilation Consolidation, Accrual Accounts Principles of Accrual
Accounts in government, Principles of Accrual Accounts in Autonomous bodies, IPSAS, IGFRS,
Ind AS role of GASAB
MODULE-III
Audit Framework in Government of India:
Statutory Audit, Internal Audit, Internal Control, Difference between Statutory and Internal,
Internal Audit memo, Para, Report, Draft Audit Para, Audit Para, Audit Reports presented to
Parliament, Action Taken Notes (ATNs), PAC/COPU Paras, Action Taken Reports
(ATRs),Audit Para Monitoring System (APMS), Standing Audit Committee (SAC),Regulatory/
Compliance & Risk Based Audit, Types of Audit- Brief Overview of Statutory Audit, Internal
Audit, Government Audit, Cost Audit; Management Audit; Compliance Audit, Social Audit,

166
Environment Audit., Expenditure Audit, Receipt Audit ,Special Audit, Scheme Audit, Risk
Based Audit, Investigative Audit to detect fraud.

MODULE-IV
Techniques and Methodologies:
Physical Inspection, verification, test checking, Observation, Inquiry, Confirmation,
Computation and Tracking Book Keeping/Record maintenance procedures, Analytical
Procedures, Selection of Audit Techniques with Practical case studies/ examples. Sampling, data
collection techniques, quantitative techniques, qualitative techniques, case studies Procedural and
regulatory framework of Public Procurement, CVC guidelines on Public Procurement, Areas to
be seen on procurement of Goods, Works and Services, E-procurement, Code of Ethics for the
Internal Auditing in Government Audit Plan, Audit Programme, Drafting of Audit Paras, Audit
memos, Drafting of Audit Report, Standard format of Audit Reports, Audit Compliance, Sharing
of best practices.

RECOMMENDED TEXT BOOKS:


1) Accounts Audit and Auditors Paperback – By G. Srinivasan Anand
2) Swamy’s Introduction to Indian Government Accounts and Audit- By Brinda &Sanjeev
Muthuswamy
3) Introduction to Indian government accounts & audit- By P. Sudarsanan
4) Compilation of Introduction to Indian Government Accounts and Audit Alongwith
Comptroller and Auditor General's (Duties Powers and Conditions of Service) Act, 1971 –
By Nabhi’s Board of Ed

167
COURSE CODE COURSE NAME L T P C
RIGHT TO INFORMATION 4 1 0 4
20LLBCA605

PREREQUISITE NIL

OBJECTIVES:
The purpose of this course of study is to enable the students to understand the provisions of the
RTI Act, 2005 & the reasons behind its enactment by the legislature. It will help the students to
understand how this act can be used as a potent weapon to obtain information from various
agencies.

LEARNING OUTCOMES:
The basic object of the Right to Information Act subject of study is to enable the students to learn
how this tool can be used to empower the citizens, promote transparency and accountability in
the working of the Government& make them aware that how our democracy work for the people
in real sense.It goes without saying that an informed citizen is better equipped to keep necessary
vigil on the instruments of governance and make the government more accountable to the
governed. It will help them to understand the role of the Public functionaries & to learn how
much big step it is towards making the citizens informed about the activities of the Government.

MODULE-I
History of the evolution of RTI Act- 2005.
Short title, extent and commencement of the Act
Definitions under the RTI Act, 2005
Right to information & obligation of Public Authorities

MODULE-II
Designation of Public Information Officers
Request for obtaining information, Procedure & disposal of request

168
Exemption from disclosure of information.

MODULE-III
Grounds for rejection of access to Public Information
Severability & third party information
Central Information Commission, State Information Commission- Constitution

MODULE-IV
Term of Office & conditions of service of public Information officers & commissioner
Removal of Chief Information Commissioner & Other information commissioners/ officers
Powers & Functions of Information Commissions
Appeals & Penalties, Action taken in good faith, Act to have overriding effect,
Bar of Jurisdiction of courts
Monitoring & reporting Mechanism

SUGGESTED READINGS:
1) Right to Information Law & Practice-Dr. R K Verma & Dr. Mrs. Anuradha Verma
2) PIO’s Guide to RTI-Dr. R K Verma & Dr. Mrs. Anuradha Verma
3) The Right to Information in India- By Sudhir Naib
4) Right to Information Act 2005 – A Practical guide by CA Virendra K Pamecha
5) RTI Act - Commentary On The Right To Information Act, 2005 With Useful
Appendices (Paperback, R.Chakraborty)

COURSE CODE COURSE NAME L T P C


20LLBCA606 LEGISTATIVE DRAFTING 4 1 0 4

PREREQUISITE NIL

OBJECTIVES:
Probably, no exercise initiates a student into the complexity of law thanthat of legislative
drafting, Contrary to the prevalent belief, the draftsman is nomore technicians transmuting some

169
on else’s policies into law: He is also a co-architect of policies. The course attempts to help
students understand the intricacies of Legislative drafting

LEARNING OUTCOMES:
Upon completion of this course, students should be able to:

1) Describe the nature of legislative drafting in the parliamentary tradition and how that
tradition developed;

2) Explain the duties and responsibilities of legislative counsel;

3) Present an overall picture of why legislative texts take the form they do;

4) Use the correct expressions to describe the main features of English grammar;

5) Apply the basic principles of legislative syntax and expression for writing legislative
sentences;

6) Comply with standard drafting conventions when punctuating legislative sentences;

7) Compose simple legislative sentences that are unambiguous and free from common
errors of expression;

8) Convert simple instructions into legislative sentences that are comprehensive and clear;

9) Apply a range of stylistic devices in composing legislation that will contribute to its
effectiveness and clarity.

MODULE-I
Forms of Legislative Instrument:
Bills
Acts
Orders
Rules
Schedule
Ordinance

170
MODULE-II
Ideals of Drafting & Different Parts of a Statute:
Simplicity
Preciseness
Consistency
Alignment with existing law
Brevity
Long Title and Preamble
Enacting Formula
Short Title, Extent and Application
Definitions and Principle Provisions
Administrative Machinery, if any, contemplated by Statute
Penal Provisions, Rule and Regulation Making Power
Temporary Provisions
Repeal and Savings
Punctuation and Marginal Notes
Provisions, Illustrations and Presumptions
Use of non-obstante clauses
Retrospective Effect
Henry VIII clause
Exceptions
Fictions
Explanations

MODULE-III
General Rules of Drafting:
Summary of the Rules of Drafting
Subsidiary Rules of Drafting

MODULE-IV
Preparatory Process

171
Conceptual Process
Consultative process
Green & White Papers
Cabinet control

SUGGESTED READINGS:
1) Indian Law Institute, the Drafting of Laws (1980)
2) Viswanthan, T.K., Legislative Drafting
3) Vepa P. Sarathi, Interpretation of Statutes (1981)
4) Allen, Law in the making (Sweet and Max Well)
5) Thomson G.C., Legislative Drafting, (Butterworths, London)
6) Zander, M. The Law Making Process, (Widenfeld & lcholson, England)
7) Renton C’ Hee Report, Preparation of Legislation, Sweet and Max Well

COURSE CODE COURSE NAME L T P C


4 - - 4
20LLB607 PROFESSIONAL ETHICS & PROFESSIONAL
ACCOUNTING SYSTEM

PREREQUISITE NIL

OBJECTIVES:
Students should imbibe the craft, culture, courtesy, commitment and etiquette before joining the
Bar
MODULE-I
Historical development of Legal Profession in India.

MODULE-II
Conflict of Interest
a) Duty to court
172
b) Duty to Client
c) Duty to opponent
d) Duty to Colleagues,

MODULE-III
a) Bench-Bar Relationship
b) Professional Misconduct
c) Rights and Privileges of Advocates

MODULE-IV

Contempt of Court Act, 1971

RECOMMENDED TEXT BOOKS:


1) Holland Avrom Shree, Advocacy, 1994 Universal, Delhi
2) Keith Evam, The Golden Rules of Advocacy, 1994, Universal, Delhi
3) SandeepBhalla, Advocates Act & Professional Misconduct, Nasik Law House
4) JPS Sirohi, Professional Ethics, Lawyer's Accountability, Bench-Bar Relationship, ALA
5) The Bar Council Code of Ethics

CASE LAWS:
1) P D Khandekar v Bar Council of Maharashtra (1984) 2 SCC 556
2) M Veerabhadra Rao v Bar Tek Chand (1984) Supp SCC 571
3) Prahlad Saran Gupta v Bar Council of India (1997) 3 SCC 585
4) V P Kumaravelu v bar Council of India (1997) 4 SCC 266
5) BrajendraNathBhargav v RamchandraKaslival (1998) 9 SCC 169
6) Ramon Services Pvt. Ltd v Subhash Kapoor (2001) I SCC 119
7) Shambhu Ram Yadav v HanumandasKhatry AIR 2001 SC 2509
8) DPChdhavTNMishraAIR2001SC457
9) Harish Chandra Tiwari v Baiju AIR 2002 SC 548
10) PremSurana v Additional Munsif and Judicial Magistrate AIR 2002 SC 2956
11) Rajendra V Pai v Alex Frrnandes AIR 2002 SC 1808
12) In re; A an advocate AIR 1962 SC 1337

173
13) In re; Mr. G a Senior Advocate of SC AIR 1954 SC 557
14) In re; Lalit Mohan Das AIR 1957 SC 250
15) Sheo Narayan Jafa v Judge Allahabad H.C. AIR 1953 SC 368
16) P. J. Ratnam v d. Kanik ran AIR 1964 SC 244
17) In re; “M” an Advocate AIR 1957 SC 149
18) L.D. Jaisingham v Narain das N Punjabi (1976) 1 ACC 354
19) Jhon D’ Souza v Edward Ani (1994) 2 SCC 64
20) Inre;V.C.MishraAIR1995SC2348

174

You might also like