School of Law, HILSR Jamia Hamdard Course Syllabus Course Overview: Course Title: Criminology, Penology and Victimology Course Code: BALLB - 801 Semester: Eighth Credits: 4 Medium of Instructlon/Assessment: English Objectives of the Course The course Is designed to familiarize the students with the concept, nature and theories of Crime and Criminology, the concept and theories of punishment, an insight into the Criminal Justice System in India L.e., the Police System, Criminal Courts and Prison Administration in India. The object of the course Is also to introduce the students with the concept andsignificance of the rehabilitative theory of crime, probation and parole of offenders and its role in reformation of the offenders. The Course also acquaints the students withdifferent type of crimes or offences. The course also offers the students to analyse the basic principles of Victimology and the Impact of Victimization and also focuses upon the Restorative Justice In India, The object of the course {s also to introduce the students with the significance of Rehabilitative Theory of Crime, Probation and Parole of Offenders and Its role in reformation of the offenders. Learnis [come At the end of the course the students will be able to know the significance of criminology and penology In formulating laws and policies so as to curb different sorts of crime. They will also understand various theories and multiple types of crime. Since each crime is different from the other, such theorles of crime will help the students to comprehend and view the crime committed from diverse perspectives. The students will also know about the working of the Indian Criminal Justice System as well as about the Prison Administration, Juvenile Justice System, the Police System and rehabilitative techniques applied in the country to Teform the offenders. The students will also be able to recognize and empathize with the victims of crime and the varlous rights available to them. Scanned with CamScannerAssessment and Evaluation The course has a weightage of 100 marks. 75 % of the marks will be covered by the EndSemester Examination; while as 25 % will constitute internal assessment to be done by theconcemed instructor. © End Semester Examination: There shall be ten questions in the Question paper with twofrom each unit. Students shall have to answer five questions in all selecting one from eachunit. © Internal Assessment: Students will be assessed and evaluated by the concerned teacherduring the entire semester at regular intervals. This will be done by employing a wide rangeof methods including written tests, tutorials, term paper writing, presentations etc. Attendanceof the students will also form a part of the internal assessment. Course Outline ‘The course is based on five units. Unit - I: Meaning and Concept of Crime and Criminology 1. Meaning and Definition of Crime and Criminology Concept of Deviance 2. Etiology of Crime 3. Inter-Relation between Criminology, Penology and Victimology Unit - 11: Schools of Criminology- Theories of Crime Causation 1. Pre-Classical School of Criminology 2. Classical School of Criminology 3. Neo-Classical School of Criminology 4. Positive School of Criminology (Lombrosian Theory of Crime) 5. Psychiatric School of Criminology (Psycho-Analytical Theory of Crime) 6. Socialist School of Criminology (Marxists Theory of Crime) 7. Soctological School of Criminology (Theory of Differential Association and ‘Tentative Theory of Crime) 8. Radical Criminology 9. Female Criminality 10. Rehabilitative Theory of Crime / Reformative Theory of Crime Unit - III: Classification of Crime/ Offences 1, White Collar Crime 2. Organised Crime 3. Juvenile Delinquency 4. Crime against Women 5. Crime against Children 6. Cyber Crime 7. Terrorism Insurgency Unit — IV: Penology / Punishments — Concept, Theories and Kinds Scanned with CamScanner1. Meaning, Definition and Concept of Penology/ Punishments 2. Theories of Punishment 3. Penal Policy in India 4. The Police System in Indla 5. The Prison System Administration in India 3 6. The Criminal Courts in India 7. Probation of Offenders and Parole Unit - V: Victimology — Concept and Rights of Victims of Crime 1, Meaning, Definition and Concept of Victimology 2. Historical Development and Theories of Victimology 3. Kinds of Victims of Crime 4. Impact of Victimization 5. Rights of Victims of Crime in India/ Restorative Justice and Compensatory Jurisprudence Suggested Readings Abuja Ram: Criminology, Rawat Publication, New Delhl. Dr. M. S. Chauhan: Criminology, Criminal Administration and Victimology, Central Law Agency, Allahabad. E. H. Sutherland: Principles of Criminology, Times of Indla Press, Bombay Frank E. Hagan: Introduction to Criminology, Sage Publications Inc., Thousand Oaks, USA. Frank J. Schrnalleger: Criminology Today: An Integrative Introduction, Prentice Hall, New Delhi. J.P. S. Strohl: Criminology and Penology, Allahabad Law Agency, Allahabad. Katherine S Williams: Criminology, Oxford University Press, New York. Lamy J. Slegal: Criminology, Wordsworth Thomson Learning, New Delhi. Livingston J: Crime and Criminology, Prentice Hall, New Jersey. Martin O'Brien: Criminology, Routledge Publishers, UK. McLaughlin Eugene and Muncil John: The Sage Dictionary of Criminology, Sage Publication, London. N. V. Paranjape: Criminology and Penology with Victimology, Central Law Publications, Allahabad. Rajendra Kumar Sharma: Criminology and Penology, Atlantic Publishers & Dist., New Delhi. S.M. A. Qadri: Criminology, Penology and Victimology, Eastern Book Company, Lucknow. Dr. SS. Srivastava: Criminology. Penology and Victimology, Central Law Agency, Allahabad. Scanned with CamScannerCourse Title: Code of Ci Procedure - I and Course Code: BALLB - 802 Semester: Eighth Credits: 4 Medium of Instruction/Assessment: English COURSE OBJECTIVES: ‘The Black’s Law Dictionary defines a Civil Procedure as “A body of law concerned with the methods, procedures and practices used in civil litigation.” The objective of our course is to enhance the expertise and proficiency of students with the rules and regulations pertaining to the procedure of the courts of Civil Jurisdiction. C.P.C — II is extension of CPC-I which has covered in detail all the fundamental concepts of Civil Procedure Code, C.P.C -II is to introduce students to the rules of pleadings in civil matters. It also equips students with the knowledge of different stages in a civil proceeding and the procedure at each of these stages. Students are introduced t0 the execution proceedings and with remedies available to a party aggrieved by the order of a court, I also seeks to make the students aware of some special suits and miscellaneous matters such as inter-pleader suits, caveats, inherent powers of the courts, etc, It also endows the students with the knowledge of the important provisions of Limitation Act Course Learning Outcomes: On completion of the course students will acquaint expert knowledge to— 1, Understand the fundamentals of pleadings and institution of suit. 2. Understand the rules of appearance, trial and examination, 3. Describe the rules of execution, appealand apply them correctly. 4, Recognise different kinds of special suits 5. Apply the provisions of Limitation Act appropriately. Scanned with CamScannerAssessment and Evaluation: The course has a weightage of 100 marks, 75 % of the marks will be covered by the End Semester Examination; while as 25 % will constitute internal assessment to be done by the concerned instructor. (A)End Semester Examination: There will be ten questions in the Question paper with two from each unit. Students will have to answer five questions in all selecting one from each unit, (B) Internal Assessment: A student will be assessed and evaluated by the concerned teacher during the entire semester at regular intervals. This will be done by employing a wide range of methods including written tests, tutorials, term paper writing, presentations etc. Attendance of the students will also form a part of the internal assessment. Course Outline ‘The course is based on five units. Unit I: PLEADINGS &SUITS 15 HRS * Rules of pleading, signing and verification, Alternative pleadings, Construction of pleadings .?P : particulars, Admission, return and rejection. © Written statement: particulars, rules of evidence * Discovery, inspection and production of documents, Interrogatories, Privileged documents © Affidavits © Barto further suit (Sec.12) Place of Suing (Sec.15 to23) &Suits and their institution (Sec. 26 Order 4 to 7) Final hearing of the suit, examination of witnesses, production and recording of oral and documentary evidences (Order 18) © Adjournments (Order 17) and Costs (Ss. 35,35A,35B) © Summary Suits (Order 37) Scanned with CamScannerUnit II; APPEARANCE, EXAMINATION, TRIAL © Appearance, Ex-parte procedure © Summary trail and attendance of witnesses Interim orders: commission, arrest or attachment before judgement, injunction © Interests «© Transfer of Cases Restitution, Caveat ‘© Inherent powers of courts © Representative suit (Order 1 rule 8) Suits by or against minors (Order 32) * Suits by Indigent Persons (Order 33) Suit by or against the Government (Ss. 79, 80 and Order 27) * Appointment of Receiver (Order 40) UNIT III: EXECUTION, APPEALS, REFERENCE AND REVISION 15 Hrs. © General principles of execution (ss.52.54), Power for execution of decrees, © Procedure for execution (ss.51.54) © Arrest and detection (88.55.59 ). Attachment (ss.60-64), * Sale (ss.65-67), Delivery of property © Appeals from original deerce. Appeals from appellate decree & Appeals from orders * General Provisions relating to appeal © Appeal to the Supreme Court «© Reference * Review © Revision Scanned with CamScannerUNIT VI: SUITS IN PARTICULAR CASES 7 Hrs. By aliens and by or against foreign rulers or ambassadors Public nuisance Suits by or against firm Imerpleader suits Suits relating to public charities AW OF LIMITATION 8 Hrs. Introduction of Law of Limitation Limitation of Suits, Appeals and Applications Effect of expiry of limitation dismissal of suit, appeal and application Extension of Limitation Exclusion of time of limitation& Suspension of period of limitation Effect of Fraud or stake/Effect of Acknowledgment, effect of payment Any suit for which no limitation is provided elsewhere Limitation where no period is prescribed Legal Disability Laches in Writ proceedings Law of Prescription SUGGESTED READINGS Mulla. Code of Civil Procedure, New Delhi: Universal Publishing Co., 1999. Thacker, C. K. Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act. Lucknow: Eastern Book Co., 1998, Majumdar P. K., and Kataria R. P, Commentary on the Code of Civil Procedure, 1908, New Delhi: Universal Publishing Co., 1998. Saha A.N. The Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000, Sarkar's Law of Civil Procedure. New Delhi: Universal Publishing Co., 2000. Scanned with CamScannerSchool of Law, HILSR Jamia Hamdard Course Syllabus Course Ove Course Title: The Law of Evidence-L ‘Course Code: BALLB — 803 Semester: Eighth Credits: 4 Medium of Instruction/Assessment: En; Objectives of the Course: ‘The Objective of the course is to help the students as future lawyers to make them understand e, the evidence is the basic concepts of law of evidence. As the law of Evidence is ex fori one of those matters which are governed by the law of the country in which the procecdings take place. Law of Evidence provides a dynamic set of principles, which are annexed with other essential factors in any case, like the rule of substantive law, the rule of procedure and its substantive characteristics. This course aims to acquaint the students about the rules of relevancy and admissibility, fact in issue, relevant facts and other aspects in any criminal or civil proceedings. Learning outcomes: Through this course, it is intended that the students will be able: A, To acquire the knowledge of the basic concepts of Law of Evidence and also develop an understanding of the subject. B, To discuss the overview about the appreciation of the various concepts and provisions which gover the law of Evidence in the courts. Scanned with CamScannerC. To get adetailed knowledge of speci ic areas of current significance and also to analyse the evolving nature of law of Evidenec. D. To discuss and analyse complex legal problems through implementation of various principles laid down in different Judicial Pronouncements. Assessment and Evaluation: The course has a wei tage of 100 marks. 75 % of the marks will be covered by the End Semester Examination; while as 25 % will constitute internal assessment fo be done by the concemed instructor. (A) End Semester Examination: There shall be ten questions in the Question paper with two from cach unit, Students shall have to answer five questions in all selecting one from each unit, (B) Internal Assessment; Students will be assessed and evaluated by the concerned teacher during the entire semester at regular intervals. This will be done by employing a wide range of methods including written tests, tutorials, term paper writing, presentations ete. Attendance of the students will also form a part of the internal assessment. Course Outline: UNITI A. Importance of the prineiple of Rule of Law in Evidence. The Relationship between The Law of Evidence and prevalent Substantive Laws and other Procedural Laws, B. Chapter wise Structure of Indian Evidence Act, 1872 (Act No. 1 of 1872). C. Definitions (Section 3): Facts, Facts in Issue and Relevant Facts, Document, Evidence, Evidence and its various kinds- Proved, Disproved and Not Proved. D. Presumptions (Section 4)- May Presume, Shall Presume, Conclusive Proof, EB F, Facts constituting occasion, cause or effect of facts in issue or relevant facts (Section 2. idence of Relevant Facts (Section 5). Doctrine of Res Gestac (Scetion 6). Scanned with CamScannerUnit I EVANCY OF FACTS A, Facts constituting Motive, preparation and previous or subsequent conduct (Section 8). B. Facts necessary to explain or introduce relevant facts (Section 9), Things said or done by conspirator in reference to common design (Section 10), When facts not atherwise relevant become relevant (Section 11), C. Facts showing existence of state of mind, or of body or bodily feeling (Section 14). D. Facts bearing on question whether act was accidental or intentional (Section 15). Unit 1 Admission and Confession A. Definition of Admission (Section 17). Admissi jon by party to proceeding or his Agent (Section 18), Admission by persons expressly referred to by party to suit (Seetion 20), Proof of admissions against persons making them, and by or on theit behalf (Scetion 21). B. Relevancy of oral admissions as to the contents of documents (Section 22) and Relevancy of oral admissions as to contents of elcetronic records (Section 22-A), Admission in Civil Cases, when relevant (Section 23), C. Problem of Non-Admissibility of Confession caused by Inducement, threat or promise (Section 24), Inadmissibility of Custodial Confession (Section 25), Admissibility of Custodial ‘Confession (Section 26). D. Extent of admissibility of information received from an accused person in custody (Section 27), Confession by co- accused (Scetion 30), Retracted Confession, Distinction between Admission and Confession. E. Cases in which statement of relevant fact by person who is dead or cannot be found is relevant (Section 32). Unit IV A. Relevancy of Judgements in Civil & Criminal Cases (Section 40-44). Scanned with CamScannerB. Opinion of Experts (Section 45), Opinion as to Digital Signature, when relevant (Section 47-A). C. Evidence of Character in Civil and Criminal Cases (Section 52-55). D. Facts which need not to be proved (Section 56- $8). vidence (Section $9- 60), Exclusion of oral by E. General Principles regarding Oral documentary evidence (Section 91- 92). Unit ¥ )OCUMENTARY EVIDENC! A. Proof of contents of documents through Primary or Secondary Evidence (Section 61- 63). B, Cases in which Secondary evidence relating to documents may be given (Seetion- 65), Ad Public Documents and Private Documents (Section 74-76). bility of electronic records (Section 65 B). Presumption as to Documents: Presumption as to genuineness of certified copies (Section 79), Presumption as to documents produced as record of evidence (Section 80), Presumption as to documents thirty years old (Section 90), Presumption as to clectronic records five years old (Section 90-A). Evidence Act, 1872 (Relevant Statutory Provisions) 2. Justice M. Monir: Textbook on Law of Evidence, Universal Law Publishing Co Pvt, Ltd., New Delhi. Batuk Lal: Law of Evidence in India, Central Law Agency, Allahabad. Ratan Lal Dhiraj Lat: Law of Evidence. Avtar Singh: Principles of Lave of Evidence, Central Law Ageney, Allahabad, Stephen Mason; Electronic Evidence, LexisNexis India, Gurugram. Law Commission of India, One Hundred Eighty Five Report relating to review of The Evidence Act, 1872. Scanned with CamScannerSchool of Law, HILSR Jamia Hamdard Course Syllabus ‘Course Title: Banking and Insurance Laws Course Code: BALLB-804 Credits: 4 Medium of Instruction/Assessment: English Objectives of the Course: Banking and Financial Institutions of a country play a major role in the economy of the country. There have been major changes in the structure and functioning of banking and financial institutions in India, With the changing time, stringent legal and regulatory framework has also been developed in India for Banking and Financial Institutions. In addition, overall development of a country and the businesses therein largely depends on robust insurance laws in the country. ‘This course provides a comprehensive legal and regulatory framework of Banking and Insurance sectors in India. The objective of this course is to provide in-depth analysis of Banking and Insurance sectors in India and the legal and regulatory framework of these sectors along with the recent developments in these sectors. Assessment and Evaluation: ‘The course has a weightage of 100marks. 75% of the marks will be covered by the End Semester le as 25% will constitute internal assessment to be done by the concerned Examination; wl instructor. © End Semester Examination: There shall be ten questions in the Question paper with two from each unit. Students shall have to answer five questions in all selecting one from each unit. © Internal Assessment: Students will be assessed and evaluated by the concerned teacher during the entire semester at regular intervals. This will be done by employing a wide range of methods including written tests, tutorials, term paper writing, presentations etc, Attendance of the students will also form a part of the internal assessment. Course Learning Outcomes: At the end of the course the students will be able to: 1 Appreciate the role of Banks and their regulatory and compliances requirement as well as Government and RBI's power to regulate Banks. 2 Apply and evaluate the various principles of banking law. Scanned with CamScanner3. Analyze the contemporary challenges on issues involving banking law and its functioning in India. 4 Analyze the fundamental principles of insurance law 5 Examine the role of insurance law in overall development of the country through risk management and insurance coverage 6 Appraise the formation and implementation of different insurance contracts Course Out The course is based on five units Unit -1: Indian Banking and Financial Institutions Structure in India 1.1 Overview of Indian Banking System — Features & Evolution. 1,2. Narsimham Commitice and its report 1.3 Nationalization of Commercial Banks, its Effects and recent merger/amalgamation of commercial Banks 1.4 Banking Companies (Acquisition of Undertaking and Transfer) Act, 1970 and 1980 1,5 Classification of Banking Institutions 1.6 NBFC & Co-operative Banking 1.7 Regulatory Framework & Compliances: a) Banking Regulation Act, 1949: Bank & Branch Licensing ) Reserve Bank of India Act, 1934 1.8 Development Banking In India 1.9 New Concepts in Banking and Financial Institutions 1,10 Banking Ombudsman, Consumer Protection and banking services Unit-Il: Banker Customer Relationships 2.1 General relationship and Special relationship 2.5 Banker's duty of secrecy 2.6 Banker's duty to honour cheques 2.7 Banker's licn, and banker's right to set off - Appropriation of payments - Garnishee order 2.8 Customer's duties towards his banker Unit-IIf: Lending, Debts Recovery and Risk Management by Banks 3.1 The Recovery of Debts due to Banks and Financial Institutions Act, 1993, Debt Recovery Tribunal (DRTs) 3.2 The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 3.3 Prudential Norms Scanned with CamScanner3.4 Basel 1/IV IN] and their Compliance- RBI Regulations 3.5 Green Banking and Sustainable development : Introduction to Insurance Laws and General Principles 4.1 History and Evolution of Insurance; Nature of Insurance Contract; Types of Insurance. 4.2Theary of Cooperation, Theory of Probability, Principles of Insurance, Utmost Good Faith, Insurable Interest 4.3 Proposal, Policy, Parties, Consideration, Utmost Good Fuith, Insurable Interest, Indemnity, Risk, Assignment, Alteration, Claims, Subrogation, Double Insurance and re- insurance, 4.4Causa Proxima, Mitigation of Loss, Attachment of Risk, Contribution, 45 The Insurance Act 1938, IRDA: Constitution, Function and Powers of Insurance Regulatory and Development Authority. Unit -V: Life Insurance, General Insurance 5.1 Nature and Scope, Events insured against Life, Insurable Interest, Risk, Nomination, Settlement of claim and payment of money, 5.2 Marine Insurance Act 1968 — Insurable Interest, Conditions and Warranties, deviation, abandonment, perils of sea, general and average loss, etc. 5.3 Fire Insurance — Nature and Scope of fire Insurance, risk, subrogation, proximate cause, ete. 54 Concept of Medical Insurance, Travel Insurance, Burglary and theft insurance, Agricultural insurance, Goods in Transit Insurance 5.5 Motor Vehicle Act: Claims and Compensation, and Concept of third-party insurance. 5.6 Application of Consumer Protection Act, 2019. Suggested Readings: 1. Tannan, M. L., (2013), Banking Law and Practice, Nagpur, 23rd edition, Wadhwa & Company. 2. Singh, Dr. Avtar, (2016), Banking & Negotiable Instrument, 3 rd Edition, Eastern Book Company Publi 3. Srivastava, A. B., & Elumalai K., (2008), Commentaries on Banking Regulation Act as amended by Banking Regulation (Amendment) Act, 2007; Allahabad, 2nd edition, Allahabad Law Publishers (India) Pvt, Ltd, 4, Varshney, P.N., (2013), Banking Law & Practice, Delhi, 24th Edition, Sultan Chand & Sons Publication, 5. Kohli, R.C., (2017), Taxman’s Practical Guide to NPA Resolution, New Delhi, 4 th Edition, Taxman’s Publication, 6, Holden, J.M., (1998), The Law and Practice of Banking (English Law) (2 Vols.), New Delhi, Universal Law Publishing. Scanned with CamScanner