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1st To 10th Semester Syllabus LLB Final 2021

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School of Law

ACADEMIC CURRICULA 2021 - 22

Curriculum & Syllabus


2021-22 st th
1 to 10 Semester
BA. LL.B (H), BBA LL.B (H) & B.Sc. LL.B (H)

School of Law
Kalinga Institute of Industrial Technology (KIIT)
Deemed to be University U/S 3 of UGC Act, 1956
ACADEMIC CURRICULA
2021 - 2022

School of Law
Curricula & Syllabi
1st to10th Sem
Course Structure and Detailed Syllabi
for students admitted in
2021 - 22
Academic Session

School of Law
Kalinga Institute of Industrial Technology (KIIT)
Deemed to be University U/S 3 of UGC Act, 1956
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1011: LAW OF CONTRACT
(Semester 01/Paper-01)

Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:
This course is designed to acquaint the students with the conceptual and operational
parameters of the various general principles of contractual relations.Contract Law
exemplifies principles of law and techniques of analysis which go to the heart of any legal
system. The existence and application of the law of contract have far-reaching effects on
social relations and economic practice, whether the perspective is that of a large commercial
company or of a consumer.

Learning objectives:
 To impart an understanding of basic principles of contract law, including the sources of
contract law, its theoretical underpinnings, and the influences of common law and
statutory law in its development.
 To understand the principles of contract formation and validity, enforcement of promises
and liability.
 To help in understanding defenses to formation, distinctions between breach and
performance, contract remedies, and third party interests in contracts.
 The course will provide intellectual building blocks for other areas of law notably
commercial law.
 It will help in grasping the basic rules of contract law, and acquire the skills of
interpreting, applying and analysing those rules.
 The course will be able to enable him with the skills of drafting basic contract documents
and will enable to reflect on the practicalities of valid contract
Teaching Learning Methodology
This course will be taught by a combination of:
 Lecture Method
 Case Law method
 Group Discussion
 Quizz Method
 Role Play
 Field Visits

MODULE-I: INTRODUCTION
A society is built upon the fabric of contract. The very basic principle of market fuctioning in
the early period of merchantalism was laid down on the efficient functioning of contractual
relation by relative assessment of rights and duties arising out of a contract.

1
1.1 Basic concepts of contract
1.2 Freedom of Contract
1.3 Historical developement
1.4 Contract in the changing society
1.5 Nature of contractual obligations

Course Takeaway:To have a clear understanding on the historical development of law of


contract and the significance of contract in our society.

Number Of Hours : 12

MODULE-II: FORMATION OF A CONTRACT

Introduction : In order to understand the law and technicalities of contract specially as to


when and how a contract is made the basic definitions and concepts shall be discussed in this
module.
2.1 Offer and acceptance
2.2 Revocation
2.3 Intention to create legal relations
2.4 Inviation to treat
2.5 Consideration
2.6 Promissory estoppel

Course Takeaway:The module shall provide a clear understanding about the formation of a
contract and how it creates a legal obligation.

Number Of Hours : 12

MODULE-III: VITIATING FACTORS


Introduction: The module shall examine the significance of free consent and also examine
the scope, ambit and interpretation of various factors which vitiate free consent in the light of
common law perspectives, statutory principles and judicial decisions of both English and
Indian Origin.
3.1 Duress and coercion
3.2 Undue influence
3.3 Unconscionability
3.4 Misrepresentation
3.5 Non-disclosure and fraud
3.6 Mistake

Course Takeaway: This module will help in understanding the importance of free consent
and how it affects the contract

Number Of Hours :12

2
MODULE-IV: NATURE OF AGREEMENT
Introduction: In the modern eraof a welfare state the economic activities are expanding and
the government is increasingly assuming the role of the dispenser of a large number of
benefits. Therefore there is a necessity to develop some norms to regulate and protect
individual interest in such wealth and thus structure and discipline the government discretion
to confer such benefits. This module shall also discuss about the different types of contract
and how they are enforceable.

4.1Contingencies
4.2Government contracts
4.3Quasi Contracts
4.4 E-contract

Course Takeaway:
In this module the students will be aquainted with the basic framework of government
contract and public contract. This module shall provide an understanding about the different
types of contract.
Number Of Hours : 12

MODULE-V: DISCHARGE OF CONTRACTS

Introduction: After forming the contract, the stage of fulfillment of the object of the contract
comes. The object of a contract is fulfilled when the parties to the contract do what they had
agreed to do.. In this module the various provisions of Contract Act relating to performance
of contract discharge of contract and breach of contract will be discussed
5.1Performance
5.2Agreement
5.3 Breach
5.4 Frustration

Course Takeaway: It will help in understanding the meaning of performance, types of


performance, performance of joint promises, the time, place and manner of performance.
Number Of Hours : 12

MODULE-VI: REMEDIES

Introduction: The conventional analysis of contracts holds that the purpose of damages is to
compensate the victim of breach for his injury. This purpose, in turn, is normally to be
accomplished by awarding expectation damages-that is, the amount required to put the
injured party where he would have been if the contract had been performed.
6.1 Damages
6.2Specific remedies (actions for the price, specific performance, injunctions)
6.3 Account of profits following breach
6.4 Specific performance of contract
6.5 Injunction

3
Course Takeaway: It will help in knowing the list of remedies in case of breach of contract
and the circumstances under which the various remedies shall be available.

Number Of Hours : 12

Case References:

1. Carlill v. Carbolic Smoke Ball Co. (1891-4) All ER Rep.127


2. Balfour v. Balfour (1918-19) All ER 860 (CA)
3. Lalman Shukla v. Gauri Datt (1913) XL ALJR 489 (All.)
4. Bhagwandas Goverdhandas Kedia v. M/s. Girdharilal Parshottamdas & Co., AIR
1966 SC 543
5. Felthouse v.Bindley (1862) 11 CB 869
6. Kedarnath Bhattacharji v. Gorie Mahomed (1886) 7 I.D. 64 (Cal.)
7. Mohori Bibee v. Dhurmodas Ghose (1903) 30 I.A. 114
8. Subhas Chandra Das Mushib v. Ganga Prasad Das Mushib, AIR 1967 SC 878
9. Niranjan Shankar Golikari v. Century Spinning & Manufacturing Co. Ltd., AIR 1967
SC 1098 119
10. Hadley v. Baxendale (1843-60) All ER Rep. 461

BOOKS

1. Pollock & Mulla, The Indian Contract and Specific Relief Act, LexisNexis, 15th ed.,
2017.
2. Reynell, Sir William, et al. Anson's Law of Contract. 30th ed. Oxford University
Press, 2016.
3. Stephen A. Smith, Atiya’s Introduction to the Law of Contract, 6thedn., New Delhi
Oxford University Press, 2006.
Articles :
1. Halson DR, Pearce D. 2008. Damages for Breach of Contract: Compensation, Restitution
and Vindication. Oxford Journal of Legal Studies. 28, pp. 73-98.
2. Ian Wertheimer, Franklin G. Miller, eds.,The Ethics Of Consent: Theory And Practice,
Oxford University Press, 2010, Minnesota Legal Studies Research Paper.
3. Arthur L. Corbin Discharge of Contract The Yale Law Journal, Vol. 22, No. 7 (May,
1913), pp. 513-530
4. Arthur Linton Corbin Source, Quasi- Contractual Obligations, The Yale Law Journal ,
May, 1912, Vol. 21, No. 7 (May, 1912), Published by: The Yale Law Journal Company,
Inc.pp. 533-554

4
Books for advanced Reading:
1. Anson, Law of Contract, 29th Ed., Oxford University Press, 2010
2. Cheshire & Fifoot, Law of Contract, Oxford University Press, 15th Ed., 2007.
3. Farnsworth on Contracts, E. Allan Farnsworth, Aspen Publishers, 2004
4. Chitty, Contracts, Vol. 1, 29th Ed., Sweet & Maxwell, 2004.
5. The Law of Contract, Butterworths Common Law Series, 3rd Edition, 2007
6. Sir G.H. Treitel, The Law of Contract, 12th Ed., London: Sweet & Maxwell, 2007.
7. Remedies for Breach of Contract, Solene Rowan, Oxford University Press, 1st
Edition, 2012
8. Law Relating to Tenders and Government Contracts, T.R.Desai & R.K.Desai,
Universal Law Publishing Co. 3rd Edition, 2012
9. Drafting Effective Contracts, Robert A. Feldman & Raymond T. Nimmer, Wolters
Kluwer, 2010
10. Cases, Materials and Text on Contract Law, Hugh Beale, Arthur Hartkamp (et.al)
Hart Publishing, 1st Edition, 2002
11. Contract Law: Cases and Materials, Geoffrey Samuel, Thomson Sweet & Maxwell,
1st Edition, 2007.
12. Supreme Court on Contract & Specific Relief (Vol. 1 & 2) , Surendra Malik & Sudeep
Malik, Eastern Book & Company, 1st Edition, 2009
SKILL COMPONENT
MODULE 1 1.Distinguish which promises or other like
INTRODUCTION obligations the law should enforce.
2.Doctrinal coverage
MODULE 2 1.The distinction between preliminary
FORMATION OF A CONTRACT negotiations and a contractual offer and, in
particular, address when advertisements are mere
solicitations and when they constitute offers.
2.Identify incomplete, and indefinite agreements
MODULE 3 Identify unconscionable term in a contract.(
VITIATING FACTOR Coercion, undue influence, misrepresentation
and fraud)
Able to identify Contract Standard Provisions
MODULE 4 Privacy Policy and User Agreement
NATURE OF AGREEMENT
MODULE 5 Drafting Independent Parties Clause
DISCHARGE OF CONTRACT Drafting a Force Majeure Clause
Drafting Waiver Clause,Severability Clause,
Time is of the Essence Clause
MODULE 6 Remedies clause
REMEDIES Injunctive Relief Clause
Negotiation Skills to be developed
Concept of Damages
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details

5
Nos.
1. Dr. Sairam NLSUI E-mail: bhatsairam@nls.ac.in
Bhat
2. Dr. V. Shyam Ramaiah College E-mail: vshyamkishore@gmail.com
Kishore of Law
3. Mr. Abhishek Sarthak Advocates E-mail: abhishek.tripathi@sarthaklaw.com
Nath Tripathi & Solicitors
4. Prof. V. Keshava Vice-Chancellor, E-mail:VC@NSURL
Rao NSURL, Ranchi

International

Sl.Nos. Name: Affiliation Contact Details


1. Dara E. Puevis Penn State Law E-mail: dpurvis@psu.edu

2. Professor Roger University of Leeds E-mail: D.R.Halson@leeds.ac.uk


Halson

6
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1015: LEGAL METHODS
(Semester-1/Paper2)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The course will demystify the world of law. The methods of law are unique. Thinking,
ideation and analysis of law are always a puzzle to be unfolded. There are simple skills and
techniques to understand the methods of action of legal application. Different stakeholders
use the same ‘law’ in different manner; the erupted litigations call for policy scrutiny,
reasoning in arguments and justice. The language and content of judgments are also a
method. Law is full of methods and logical conclusions. The course is a master tool of
understanding law for every citizen and more so the legal professionals

LEARNING OBJECTIVES:

1. To enable the students to understand the meaning and nature of law, its sources and
various branches of law.
2. To introduce the students to the different legal systems of the world.
3. To enable the students to understand the structure of legal institutions and the
hierarchy of Courts in India including the various dispute settlement mechanisms,
access to justice, legal aid and public interest litigation in India.
4. To enable the students to develop the skills to find, read and analyze case laws and
statutes and legislations.
5. To enable the students to develop skills for interpretation of statues.
6. To familiarize the students with different sources of legal research, various tools of
research, skills of legal writing and citation.

TEACHING LEARNING METHODOLOGY

This course will be taught by a combination of lectures, group discussions, simulation


exercises, case studies and presentations. Additionally, in order to make the subject matter
more comprehensible several other pedagogical strategies shall be adopted like movie review,
documentary review, news reading, quiz etc. This shall help the students to develop an in-
depth understanding of the subject matter and also encourage in critical thinking. All relevant
and necessary reading materials will be provided to the students to the maximum extent
possible.

MODULE – I: INTRODUCTION TO LAW

This module introduces the students to various aspects of law like the concept of law, the
relationship between law and society, the similarities and differences between law and
morality, various branches of law and the language of law.

7
1.1. What is Law?
1.2. Purpose of Law
1.3. Law and Morality
1.4. Classification of Laws
1.5. Language of Law

Course takeaway: After successful completion of the module the students will develop the
capacity to understand the basic methods of law and its purpose, and develop a preliminary
idea about the different branches of law, and the language of law.

Number of hours: 10

MODULE – II: SOURCES OF LAW

Introduction: Sources of law- the ‘fountain’ from where the law evolves and get emanated
is essential component of learning to understand the roots and taxonomy of law. This module
explores the different sources of law.

2.1 Different Sources of Law


2.2 Precedent
2.2.1. Meaning, Significance and Theories of Precedent
2.2.2. The Doctrine of Stare Decisis , Ratio Decidendi and Obiter Dicta
2.2.3. Judicial Techniques of Using a Precedent
2.2.4. Technique of Reading a Case
2.2.5. Identification of the Ratio Decidendi and Obiter Dicta from judgment
2.3 Legislation
2.3.1. Meaning & Definition
2.3.2. Types of Legislation
2.3.3. Different parts of a Legislation
2.3.4. Reading of Legislation
2.4 Customs
2.4.1. Meaning & Definition
2.4.2. Essentials of a valid custom
2.4.3. Analyzing custom as a source of Law in India

Course Takeaway: At the end of this module, the students will be able to understand the
various sources of law, develop skills to read, understand, and interpret law reports,
legislations, delegated legislations, and case laws.

Number Of Hours: 18 hours

8
MODULE – III: LEGAL SYSTEMS
Introduction: This module introduces the students to the legal systems of the world.
3.1 The Concept of Legal System
3.2 Major legal systems of the world
3.2.1. Common Law System – Analyzing the development of the system
3.2.2. Civil Law System – Techniques of the Civil Law System
3.2.3. Socialist Legal System – Understanding the relevance
3.2.4. Ecclesiastical (Religious) Legal System – Issues of faith and belief in Law

Course Takeaway: After successful completion of the module the students will have an in
depth understanding about the legal systems prevailing in other jurisdictions. The students
will also acquire an in depth understanding about the functioning of legal systems in other
jurisdictions and this will help them to understand their own legal system from a comparative
perspective.

Number of Hours: 10

MODULE – IV: DISPUTE RESOLUTION MECHANISMS AND ACCESS TO


JUSTICE

Introduction: The module gives an insight about the justice delivery system in India. The
module introduces the students to the traditional as well as the alternative dispute resolution
mechanisms followed in India. The module inculcates a better understanding of different
facets of access to justice and the innovations that have been developed in this regard.

4.1Indian Court System and Law Relating to Procedure


4.1.1. Hierarchy of Courts – Identifying the locus of a litigation
4.1.2. Legal Procedure (General Overview)
4.2 Alternative Dispute Resolution Mechanism
4.2.1. Arbitration – Methods of adjudication
4.2.2. Mediation and Negotiation – Methods and manners
4.2.3. Conciliation – Essential applications

4.3 Access to Justice and Community Lawyering:


4.3.1. Legal Aid – Practices and Pro-bono Lawyering
4.3.2. Public Interest Litigation – Preparing draft applications
4.3.3. Lok Adalat – How non-conventional

Course Takeaway: Understanding the process of Legal System in India. Implanting the
seeds of socio-legal responsibility in the students and encouraging the students as agents of
social change.

9
Number of hours: 18

MODULE – V: INTERPRETATION OF STATUTES AND JUDICIAL ORDERS

Introduction:The interpretation of the written words and phrases used in a statute is very
important for application of law. The reader therefore has to give life to thewords by
interpreting what they mean and how they are meant to apply to particularsituations. This
module will deal with various rules of interpretation of statutes.

5.1 Statutory Interpretation

5.2 What are the rules of Interpretation?

5.2.1 The Context of Rule


5.2.2 Interpreting in the light of Policy
5.2.3 The Mischief Rule
5.2.4 The Literal Rule
5.2.5 Interpretation to avoid Absurdity: The Golden Rule
5.3. Presumptions
5.4. Aids to interpretation: Intrinsic and Extrinsic Aids to Interpretation

Course takeaway: To enable the students to develop skills for interpretation of statues.

Number of hours: 10

MODULE – VI: BASICS OF LEGAL RESEARCH & USE OF E-RESOURCES

Introduction: Legal Research is “the process of identifying and retrieving information


necessary to support legal decision making”. This Module will familiarize the students with
different aspects of legal research and the tools necessary for it. The module also introduces
the students to the various techniques of legal writing and citation.

6.1. Using a Law Library


6.2. Use of e-resources for legal research
6.3. Research in law and research ethics
6.4. How to write a research paper/case comment/case summary etc.
6.5 Legal Citations and Exercise
6.6 Plagiarism

Course takeaway: At the end of the module the students will understand how to procure
legal information in a digital world. The module will also acquaint the students with the
necessary skills necessary to write legal articles, legal essays, book reviews, and case
comments.

Number of hours: 8

10
(CASE REFERENCES)

1. Queen v Dudley and Stephens (1884) 14 QBD 273 DC


2. Riggs V Palmer 115 NY 506(1889)
3. Donoghue v Stevenson (1932) UKHL 100
4. Rylands v Fletcher (1868) UKHL 1
5. M.C.Mehta v Union of India 1987 SCR (1) 819
6. Vishakha v State of Rajasthan AIR 1997 SC3011
7. Tukaram v Sate of Maharashtra 1979 SCR (1) 810 and Criminal Law Amendment
Act 1983, 2013
8. Sunil Batra v Delhi Administration 1979 SCR (1) 392
9. Puttaswamy v Union of India AIR 2017 SC 4161
10. Navtez Singh Johar v Union of India AIR 2018 SC 4321

Books

1. ATH Smith (ed), Glanville Williams: Learning the Law (16th Edition, Sweet & Maxwell
2016)
2. Sharon Hanson, Learning Legal Skills and Reasoning ( 4th Edition, Routledge 2016)
3. James Holland and Julian Webb, Learning Legal Rules (8th Edition, Oxford University
Press 2010)

Articles

1. Myrteza Murici, The Language of the Law – Some Characteristics- International Journal
for English Language , 4(1) Literature and Translation Studies (2017).
2. Sital Kalantry, Promoting Clinical Legal Education and Democracy in India, 8(1) NUJS
Law Review (2015)
3. Virendra Kumar Sircar: “Law Declared’ by the Supreme Court of India”. AIR 1962
Journal Section P.113-123
Books for advanced Reading: (Texts books, articles and commentaries)
1.Nicholas J. McBride, Letters to a Law student: A Guide to Studying Law At University,
(3rd Edition Pearson)
2. Frank August Schubert, Introduction to Law and Legal system, (10th edition Wadsworth
Cengage Learning )
3. Joseph Raz, The Authority of Law. Clarendon Press.
4. Neil McCormick, Legal Reasoning and Legal Theory (Clarendon Series. Pp.1-53
5. Igomen Moore and Craig Newbery Jones, The Successful Law Student (Oxford University
Press 2008)
6. John H. Farrar and Anthony M. Dugdale, Introduction to Legal Method (3rd edition. Sweet
& Maxwell)
7. O. Chinnappa Reddy, The Court and the Constitution of India: Summits and Shallows
(Oxford University Press 2010)

11
Skill Components

Module Skill Component


1. Introduction To Law o Analyzing what is law
o Language of Law
2. Sources Of Law o Judicial Techniques of Using a Precedent
o Technique of Reading a Case
o Identification of the Ratio Decidendi and Obiter Dicta
from judgment
o Reading Legislations
o Analyzing Customs as a source of law in India

3. Major Legal Systems o Understanding the Origin of the Legal systems


o Analyze, compare and contrast the major legal systems
worldwide
o Understanding the fundamental difference in procedure
in the different systems
4. Dispute Resolution o Identifying the locus of a litigation
Mechanisms And o Methods of adjudication of Arbitration
Access To Justice o Methods and manners of Mediation and Negotiation
o Essential applications of Conciliation
o Practices of Pro-bono Lawyering
o Preparing draft applications for PILs
o Non-conventional Dispute Resolution Mechanism- Lok
Adalat

5. Interpretation of Statues
Interpretation skills:
o Rules of Interpretation
o Presumptions
o Aids for Interpretation
6. Basics Of Legal Research Skills :
Research & Use Of E- o Using a Law Library
Resources o Use of e-resources for legal research
o Research ethics
o How to write a research paper/case comment/case
summary etc.
o Legal Citations

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details

12
Nos.

1. Prof. Bhavani KIIT Law School E-mail: director@kls.ac.in


Prasad Panda
2. Prof. N.L. Mitra Former Chancellor,
KIIT University
of Law
3. Dr. Anirban NALSAR E-mail: anirban@nalsar.ac.in
Chakraborty
International
Sl. Name: Affiliation Contact Details

Nos.

1. Mr. Abinash International Case Counsel at E-mail:


Barik Asian International Arbitration abinashbarik1001@gmail.com
Centre

13
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1111: ENGLISH -I
(Sem. 01/Paper-03)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
COURSE DESCRIPTION
To facilitate students with the application & practice of communication skills, especially
language skills with a view to acquiring and developing legal professional communication
skills.

LEARNING OBJECTIVES:

 Acquire communication skills required for legal professional communication.


 Learn, acquire and develop legal vocabulary
 Imbibe love of reading legal texts
 Understand the art & craft of public speaking and become good speakers.
 Conduct legal research and write legal texts.
 Become effective speakers and writers with a sense of style and purpose.

TEACHING LEARNING METHODOLOGY:

Mostly activity based teaching methodology is adopted where teacher is more of a facilitator
and teaching is more student-oriented. Task based teaching methodology is found to be more
suitable in terms of teaching communication, grammar, professional writing required for
students of law. Even as the language skills such as Listening, Speaking, Reading, and
Writing are employed for the teaching-learning purpose, due emphasis is also laid on making
the students acquire a good stock of legal terms, to develop a legal writing style, and interpret
legal, quasi-legal materials through reading of literature. To name a few Language Lab
activities, simulating courtroom practices, persuasive speaking and writing, and analyzing
various oral communication skills using ICT for legal professional skills development is the
focus. Symposiums, GDs, and Skits etc. are also a part of the methodology to realize the
course objectives.

MODULE – I - ESSENTIALS OF PROFESSIONAL COMMUNICATION

INTRODUCTION: THIS MODULE AIMS AT FULFILLING THE REQUIREMENT


RELATING TO PROFESSIONAL COMMUNICATION AND CATERS TO STUDENTS’
NEED IN PROFESSIONAL AND ACADEMIC CONTEXTS AND IN DAY TO DAY
INTERACTIONS.

1.1 Introduction to communication (Definition, Nature, Types and Scope)

14
1.2 Importance of communication skills for legal professionals
1.3 Elements of communication and the process of communication
1.4 Verbal/ Linguistic communication: Oral & Written communication
1.5 Aspects of Nonverbal communication: Body languages, Appearance and
Kinesics; Proxemics, Chronemics, Sign Language; Paralanguage
1.6 Ideal features of the Language of Law : Brevity, Clarity, Simplicity,
Accuracy and Appropriateness
1.7 Barriers to communication and how to avoid them

COURSE TAKE AWAY: Students will be able to develop appropriate communicative


ability in connection with verbal and non-verbal communication. It would also help them
enhance their cognitive abilities from a linguistic perspective.

NUMBER OF HOURS : 12

MODULE – II: LAW, LANGUAGE, AND THE LEGAL PROFESSION:

Introduction: This module aims at acquainting students with the use of common legal
vocabulary.

2.1 Law as a Profession of Words

2.2 The Importance of understanding and acquiring Legal Vocabulary & Terms
of Arts & Argots

2.3 Legal Register: Legal Terms, Idioms & Phrases


2.4 Legal Maxims
COURSE TAKE AWAY: Students will be able to equip themselves with the fundamentals
and the essence of legal vocabulary.

NUMBER OF HOURS : 12

MODULE – III: Law and Language, Law and Semantics & Law and Rhetoric: This
module reflects upon the ideas relating to law and language and its application.

3.1 LAW & LANGUAGE:


3.1.1.“Legal English” by Mykhailova
3.1.2.“LAW AND LANGUAGE” by Lord Macmillan
3. 1.3 “Language: Legal and Literary” by John Mason Brown
3.2 LAW & SEMANTICS: Twelve Angry Men by Reginald Rose.
3.3 LAW & RHETORIC: The Merchant of Venice [Courtroom Scene] by William
Shakespeare

15
COURSE TAKE AWAY :Understanding and absorbing essence of social and legal
elements from article, literary text and celluloid.

NUMBER OF HOURS: 12

MODULE- IV: REFRESHING WITH GRAMMAR- ELIMINATING COMMON


ERRORS:

Introduction: This module focuses on enabling students to develop error free writing and
composition both academic and non-academic.

4.1 Detection of Common Errors in Sentences


4.2 Sentence Completion
4.3 Sentence Improvement
4.4 Arranging Jumbled Sentences
4.5 Writing Effective Paragraphs: Rules and Practice, Writing Summary
4.6 The Debating Handbook A Guide to British Parliamentary Debating and the
World Universities Debating Championships by Alexander Deane
4.7 Case Study : Seddon Case

COURSES TAKE AWAY: Students would be able to learn the basics of grammar develop
coherence and cohesion in writing and take part in debating.

NUMBER OF HOURS: 12

MODULE – V: PUBLIC SPEAKING: PRINCIPLES AND PRACTICES:

Introduction:This module helps students to inculcate the ideas relating to speaking in terms
of professional presentation/public speaking and extempore.

5.1 Overcoming Anxiety and Fear


5.2 Analysis of the Speeches of Renowned Public Speakers
5.3 Audience Analysis and Researching the Topic
5.4 Delivery: Articulation, Voice Modulation, Pronunciation, and Body Language
5.5 How to Deliver an Extempore Speech

COURSE TAKES AWAY : Students would be able to speak and articulate with proper
content at various forum may it be academic/professional.

NUMBER OF HOURS: 12

MODULE – VI: COMMUNICATING WITH STYLE: TECHNIQUES TO SPEAK


AND WRITE PROFESSIONALLY:

Introduction: It would enable the students to identify the essence of rhetoric to be applied in
both speaking and writing in an effective manner.

16
6.1 Rhetoric and Style: Usefulness for Legal Communication
6.2 Figures of Speech and Stylistic Devices

COURSE TAKE AWAY: Students would be able to write and speak in a more distinct
manner with the use of proper rhetoric.

NUMBER OF HOURS : 12

REFERENCES:

 Developing communication skills by Krishna Mohan and Meera Banerjee,


Publisher: Macmillan India Ltd, 2002. (TB)
 ‘’ The Body of Evidence’’ by Sara Canuso (available on the web). (TB)
 Communicative English for the 21th century by Suman Mohapatra & Rajendra
Kumar Dash: Publisher: Kalyani Publishers, Ludhiana, 2010. (TB)
 Legal Language, Legal Writing, General English by Dr S. C.
Tripathy,Publisher:Central Law Publications,2005. (TB)
 Legal Dictionaries / Lexicons
 “LAW & LANGUAGE: “Legal English” by Mykhailova O. V.(the article can
be can be obtained online). (Article).
 “Law and Language” by Macmillan & “ Language: Legal And Literary” by John
Mason( to be provided by the teacher). (TB).
 Twelve Angry Men by Reginald Rose. (Court room drama available on the
Youtube). (UTube).
 The Merchant of Venice by William Shakespeare(Arden Shakespeare or any
text of recent edition). (TB).
 Objective General English by S.K. Agarwal, New Delhi: S. Chand Publishers.
(TB).
 The Debating Handbook by Alexander Deane
(https://mindamind.files.wordpress.com/2012/05/the-debating-handbook-
alexander-deane.pdf). (Article)
 Quick and Easy Way of Effective Speaking by Dale Carnegie. Delhi: Royal Book
Depot, 2010
 The secrets to speaking in public by Dan Yager, Chennai: Emerald Publishers
2012.

17
RESOURCE PERSONS IDENTIFIED FR SKILL COMPONENTS:
MODULES SKILL COMPONENTS

MODULE I: Essentials Of Professional Language and Communication skills in


Communication connection with the professional world.

MODULE II: Law, Language, And The Language and Vocabulary, Legal Register
Legal Profession
MODULE III: Law and Language, Law and Enables critical and analytical skills of the
Semantics & Law and Rhetoric students in line with the legal studies.

MODULE IV: Refreshing With Grammar- Debating skills and reading and writing skills,
Eliminating Common Errors persuasion, critical thinking

MODULE V: Public Speaking: Principles Listening/speaking skills pertaining to


And Practices professional communication with emphasis on
soft skills

Module VI: Communicating With Style: developing language skills in terms of


Techniques To Speak And Write speaking and writing
Professionally

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Upamanyu MNLU, Mumbai
Sengupta
2. Prof. Mukesh NLU-Bhopal
Srivastava
3. Prof. Asima Dept. of English, Utkal Phone No.91-9436049121.
Ranjan Parhi University. E-mail: Asim.parhi@gmail.com
4. Prof. Sunita University of Hyderabad Phone No.0986624763.

18
Mishra E-mail: sunitahcu@@gmail.com
International
Sl. Name: Affiliation Contact Details
Nos.
1. Mian Md. University of Dhaka Phone No.+8801552349980.
Naushad Kabir, E-mail: naushaadkabir@du.ac.bd
Associate Prof.

19
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB
LW 1113: FUNDAMENTALS OF POLITICAL SCIENCE
(Sem. 01/Paper-04)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
COURSE DESCRIPTION:
This introductory course Fundamentals of Political Science focuses on basics of the subject
Political Science and divided into six modules. First and second modules introduce the
students to the idea of Political Theory, its history and approaches, its significance and a
critical evaluation of Political Theory in the contemporary world. Succeeding four modules
help students familiarize with the basic concepts of politics like state, liberty, equality and
justice, democracy and citizenship. Each concept is related to a crucial political issue that aids
in our understanding and analysis of the political world.

LEARNING OBJECTIVES:

1. To understand the fundamental concepts and ideas and major theoretical approaches
associated with the discipline of politics.

2. To motivate the students to learn many political concepts and constitutional aspects which
will be useful in their professional life.

3. To familiarize the students with recent developments in the subject of Political Science.

4. To recognize and understand contemporary debates, different ideas of justice, liberty,


equality, rights and affirmative action and their implications.

5. To encourage and facilitate students to articulate their own positions in a clear, coherent
and logical manner using the theories and concepts covered in this course.

6. To understand how the political institutions and discourses influence and shape the legal
systems of a country and explain the complex interplay between politics and law.
TEACHING LEARNING METHODOLOGY:

The teaching method includes face-to-face teaching (lecture method), discussion method,
and followed flipped classroom model (during virtual mode of teaching), along with the
group discussion. It also consists of project assignment, quiz, and supplemented with
reading materials of different books, journal articles and different official documents.

20
MODULE – 1: Introduction to Political Science and Political Theory

Introduction: This module introduces the concept of politics and Political Science. It also
provides a clear and accessible introduction to the subject and different approaches to
understand Political Theory. It gives an understanding the importance of Political Theory and
explores the relations between Political Science and other Social Sciences

1.1. What is Politics? What is Political Science?


Meaning, Nature and Scope of Political Science
1.2. Relations between Political Science and other Social Sciences
1.3. Political Theory: Meaning, Scope and Significance
1.4. Traditional, Modern and Contemporary Approach to Political Theory
1.5.Status ofPolitical Theory in the World in 21st Century.

Course takeaways: Understanding different political concepts and political theories

Number of hours: 12 Hours

MODULE – 2: State

Introduction: This module introduces the concept of State. It gives an idea in understanding
different theories for origin of State. At the same time it also gives an understanding of other
institutions such as Civil Society, Nation and Government and various classifications of
political systems and governments.

2.1. State: Meaning, Elements and Significance


2.2. Theories of Origin of State: Divine Right, Social Contract & Evolutionary
2.3. Application of Social Contract Theory with focus on Indian Perspective
2.4. State and other Institutions: Civil Society, Nation and Government
2.5. Classifications of Political Systems and Governments

Course takeaways: Understanding the origin of State and different types of political systems
and governments.

Number of hours: 12 Hours


MODULE – 3: Liberty

Introduction: This module introduces the political concept like liberty. It gives an idea of
liberty that focuses on the evolution of the concept and how the concept of liberty has been
used in the subject. It also focuses on ideas of J.S. Mill on liberty and how the individual
uses the liberty.

3.1. Liberty: Meaning and Evolution of the Concept


3.2. Classification: Negative and Positive Liberty
3.3. J.S. Mill’s Ideas on Liberty
3.4. Ideas and Debates on Liberty in India
3.5. Debates on Liberty around the Globe

21
Course takeaways: Understanding the concept of liberty, different debates on liberty in
India and abroad.

Number of hours: 12 Hours


MODULE – 4: Equality

Introduction: This module introduces the concept of equality and discusses different
principles and forms of equality. It also establishes the relations between liberty and equality
and highlights the politics of equality in India. In addition to that this module focuses on
social security and reservation policy .

4.1. Evolution of the Concept of Equality


4.2. Principles and Forms of Equality
4.3. Issue of Compatibility between Liberty and Equality
4.4. Politics of Equality in India
4.5. Social Security and Reservation Policy

Course takeaways: Understanding the political concept like equality, liberty and politics of
equality.

Number of hours: 12 Hours


MODULE– 5: Justice

Introduction: This module introduces the political concept like justice It gives different ides
and view points related to justice. It also underlines different types of justice and major
ideas on justice in India.

5.1. Evolution of the Concept of Justice and its Different Dimensions


5.2. Kinds of Justice: Political, Social, and Economic (Procedural versus
Substantive Justice)
5.3. Ideas of Justice: John Rawls and Amarty Sen
5.4. Indian Views on Justice
5.5. Debates on Justice Today
Course takeaways: Understanding the political concept of Liberty and different perspectives
on Justice.

Number of hours: 12 Hours

MODULE – 6: I Democracy, Citizenship and Nationalism

Introduction: This module debates on Democracy, Citizenships and on Nationalism. It also


focuses on the issues and challenges on democratic participation, and Nationalism.

6.1. Meaning and Evolution of the Idea of Democracy


6.2. Democratic Participation and Representation: Issues and Challenges for Democracy

22
6.3. Citizenship: Meaning and Evolution of the Concept
6.4. Citizenship: Rights and Concerns of Citizenship in a Globalized World
6.5. Ideas on Nationalism and Swaraj

Course takeaways: Understanding the concept of democracy, citizenship and nationalism.

Number of hours: 10 Hours


CASE REFERENCES (TEXT BOOKS)

1. R.C. Agarwal, “Political Theory”, S. Chand and Company Limited, 2016.


2. O.P. Gauba, “An Introduction to Political Theory”, Macmillan Publishers India Limited,
2012.
3. Andrew Heywood, “Political Theory: An Introduction”, Palgrave Macmillaim Macmillan,
2004.
4. Rajiv Bhargava and Ashok Acharya (eds.), “Political Theory: An Introduction”, Pearson
Publication, 2008.
5. Catriona McKinnon, Robert Jubb, and Patrick Tomlin, “Issues in Political Theory”, Oxford
University Press, 2019.
6. G.Gerals, “Political Concepts and Political Theories”,Westview Press, 2004.
7. Rajeev Bhargava, Michael Dusche, Helmut (eds.), “Justice: Political, Social, Juridical”,
Sage Publications, 2008.
10. Will Kymlicka, “Contemporary Political Philosophy: An Introduction”, Oxford
University Press, 2002.

ARTICLES:

1. Jeremy Elkins, Political Science, Political Theory, and the Liberal Arts, Polity, Vol. 46,
No. 1, Elusive Equality (January 2014), pp. 92-97.
2. Alexander B. Makulilo, Democracy and its Determinants: A Critique, The African Review:
A Journal of African Politics, Development and International Affairs, Vol. 44, No. 2
(December 2017), pp. 50-67,
3. Annika E. Poppe, Solveig Richter and Jonas Wolff, Democracy promotion in the 21st
century, Democracy Promotion in Times of Uncertainty: Trends and Challenges, Peace
Research Institute Frankfurt (Jan. 1, 2018).

4. Amartya Sen, What Do We Want from a Theory of Justice?, The Journal of Philosophy,
Vol. 103, No. 5 (May, 2006), pp. 215-238.

23
5. George H. Sabine, The Concept of the State as Power, The Philosophical Review, Vol. 29,
No. 4 (Jul., 1920), pp. 301-318.
6. Adeed Dawisha, Nation and Nationalism: Historical Antecedents to Contemporary
Debates, International Studies Review, Vol. 4, No. 1 (Spring, 2002), pp. 3-22.
7. N. Jayram, Identity, Community, and Conflict: A Survey of Issues and Analyses,
Economic and Political Weekly, Vol. 47, No. 38 (September 22, 2012), pp. 44-61.

SKILL COMPONENTS

Module Skill Component

Focus Group Discussion,


Module 1: Introduction to Political Science and Political Debates and Presentations.
Theory

Module 2: State Focus Group Discussion,


Debates and Presentations.

Module 3: Liberty Focus Group Discussion,


Debates and Presentations.

Module 4: Equality Focus Group Discussion,


Debates and Presentations.

Module 5: Justice Focus Group Discussion,


Debates and Presentations.

Module-6:Democracy, Citizenship and Nationalism Focus Group Discussion,


Debates and Presentations.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Prof.Amiya K. Rtd. Professor, Berhampur
Paricha University.
2. Prof. Ananta Giri Madras Institute of e-Mail: aumkrishna@gmail.com
Development Studies
Chennai

24
3. Prof. Manjari Department of Political e-Mail:mkatju@uohyd.ac.in
Katju Science
University of Hyderabad

4. Prof. Arun Dean, School of Social e-Mail:akpss@uohyd.ac.in


Kumar Patnaik Sciences
Department of Political
Science
University of Hyderabad

5 Dr. Tapan Kumar Assistant Professor e-


Bihari Centre for Political Studies Mail:tapanbihari@mail.jnu.ac.in
School Social Sciences
Jawaharlal Nehru University
International
Sl.
Nos.
1. Prof. Jeffrey Emeritus Professor of e-Mail:
Haynes Politics tsjhayn1@londonmet.ac.uk
London Metropolitan
University
United Kingdom

2 Dr. Mahvish Assistant Professor e-Mail: m.ahmad14@lac.ac.in


Ahmad Human Rights and Politics
London School of
Economics, UK

25
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB
LW 1115: FUNDAMENTALS OF SOCIOLOGY
(Sem. 01/Paper-05)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
Course Description:
The present course provides a sociological perspective on the world around us. It enables us
to critically look at commonly held assumptions of events, forms and processes through the
eyes of a skilled scientist. This will help us achieve a more nuanced and complex
appreciation of the relationship between our personal lives and the larger social environment.

Learning Objectives:

The main purpose of the first course in sociology is

1. To make students aware about the uniqueness of the sociological perspective and how it
helps us to look at familiar things in a new dimension.

2. To elaborate the contribution of classical sociological thought and theories in the


development of a distinct sociological tradition.

3. To develop in the students the skill to look at their own society as a ‘critical insider’.

4. To illuminate the basic concepts in Sociology.

5. To appreciate the foundations of society by developing a preliminary yet significant


knowledge about society, social relations and social institutions

6. To help us in challenging dogma, appreciate cultural diversities and allow us insight into
the operation of social institutions.

4.Teaching Learning Methodology:

The instructions will be provided by lecture method, class room discussions as also
innovative methods such as peer learning and through use of audio visuals. Emphasis will be
laid to develop an appreciation for empirical research which can be taken over in the
successive semesters. Students will be taught how to collect information about social
phenomena through secondary data.

Module I. Defining Sociology

Introduction: The study of sociology begins from the basic idea that human life is social life
and most of us are constantly involved in social interactions. Sociology focuses on the social
arrangements, including how they are created, how they change, and how they impact our
lives, opportunities, and options. This module will provide an overview of the subject, its
nature and how it helps us understand the society around us in a better manner.

26
1.1 What is Sociology
1.2 Sociological Imagination
1.3 Sociology and other Social Sciences
1.4 How Sociology can help us in our lives
1.5 Levels of Analysis - Micro sociology and Macro sociology
1.6 Illustrations of Levels of Analysis
Course Takeaway: This module will help the student understand behaviors and
relationships, how the larger world we live in influences us and things around us. It will help
the student comprehend the way society is organized and ways people interrelate and
organize social life and how social processes (the way society operates) are at work shaping
our lives in ways that often go unrecognized.

No. of Hours: 12
Module II. Understanding some Basic Concepts and Institutions
Introduction: Concepts like society, community, association, roles, statuses, family, caste,
etc. are a part of our everyday language and are frequently used in non-sociological
conversation. But exactly what do these terms mean when used by sociologists? Why are
they so central to sociology? This module will try to answer these questions.
2.1 Society, Community and Association
2.2 Groups and Organization
2.3 Role and Social Status
2.4 Norms and Values
2.5 Family: Forms, functions and dark side, Marriage: Functions, Divorce and Separation,
Remarriage and Step parenting
2.6 Caste and class: Origin, Characteristics and difference, Kinship: Meaning and Types,
Religion: Forms and Functions

Course Takeaway: This module will help the student understand social institutions,
structures and processes. They will be able to look at how various groups shape, and are
impacted, by society.

No. of Hours: 14
Module 3. Major Foundations of Sociological Thinking
Introduction:Sociologists depend on theories to help them explain the social world and
organize their ideas about how it operates. Theories help explain why and how society works.
Through the use of theory, they work to answer such questions as why are things as they are,
what conditions produce them, and what conditions change them into something else? These
are some of the questions this module will try to answer.

A. Contributions of:

3.1 Emile Durkheim


3.2 Karl Marx
3.3 Max Weber

27
B. Mainline theories in Sociology
3.4 Structural Functionalism
3.5 Symbolic Interactionism
3.6 Conflict Theory
Course Takeaway: This module would enable the student to appreciate the major theories
because, taken together, they offer a fuller understanding society.

No. of Hours: 12
Module 4. Society, Culture and Social Interaction
Introduction:Two concepts that are basic to sociology are culture and society. They are also
readily used in everyday, non-sociological conversation. But exactly what do these terms
mean when used by sociologists? Why are they so central to sociology?
4.1 Characteristics and Components of Culture and related Concepts: Cultural Diversity,
Multiculturalism, Cultural Identity and Ethnocentrism

4.2 Socialization, Stages and Agents of Socialization, Adult Socialization, Re-socialization,


Total Institutions,

4.3 Culture and personality development

4.4 Significance of Social Interaction

4.5 Social Interaction across cultures

4.6 Exploring Forms of Social Interaction through real life examples

Course Takeaway: This module will equip the student in understanding how culture shapes
the way we see the world, it impacts on how we think, how we act, what we value, how we
talk, the organizations we create, the rituals we hold, the laws we make, etc.

No. of Hours: 12

Module 5. Social Disorganization: Deviance and Crime

Introduction: Much of sociology focuses on social order and conformity. What are the
different ways in which the society is able to extract conformity from the individuals? And
what about those who do not conform to society’s norms and values? Why does this happen?
And what are the implications and consequences? To answer these questions, some
sociologists turn their attention to the study of deviance, the violation of some cultural norm
or value; its theories;

5.1 Understanding the distinction between deviance and conformity

5.2 Theories of Crime and deviance

5.3 Meaning of Social Control

5.4 Agencies of Social Control

28
5.5 Treatment of Offenders

5.6 Analysis of Crime Data Statistics

Course Takeaway: The primary objective of this module is to equip the student with an
understanding of conformity, non-conformity and deviant behavior. And how this is achieved
through various formal and informal agencies of social control.

No. of Hours: 10

Module 6. Social Change

Introduction: The social world is constantly changing. This change has been a major interest
to sociologists from the beginning of the discipline. However, many sociologists believe that
sociology should not stop with only explaining society and how and why the world changes.
They argue that sociologists also have an obligation to act, using their unique skills and
perspectives to work to improve the world.

6.1 Meaning of social change


6.2 Characteristics of social change
6.3 Sources of Social Change
6.4 Theories of Social Change
6.5 Social Change during Covid 19 Pandemic
6.6 Case Study of Processes of Social Change in India

Course Takeaway: With the help of a sociological perspective on social change, the theories
and processes the student will be able to understand changes in the society and also how one
can more effectively take action if one doesn’t like what is happening. It will also help the
students in understanding change especially in the context of a post-covid digital era.

No. of Hours: 12
Readings

Case Refereces

Books
1. Giddens A., Sociology, 5th Edition, Polity Press, 2006, Chap1,5,6,7,12,19
2. Abraham M.Francis, Contemporary Sociology: An Introduction o Concepts and Theories,
OUP,2006, Chap.1,2,4,5-9,11,17
3. Inkeles A, What is Sociology? An Introduction to the Dimension

29
Specific Module-wise Skills:
Modules Skill/Theories associated with the module
Module 1 Understanding the facets of developing sociological imagination
develop the skill of recognizing social issues and the workings of
the social systems within which we live our lives.
Module 2 Illustrations of the various forms of family, religion, marriage,
kinship, etc. develop the skill of seeing what types of messages we
are constantly receiving from these social institutions, how and
why they influence us, and our own roles in producing,
perpetuating, and changing them.
Module 3 Critical appraisal of social thought and theory and develop the
ability to examine and comprehend the society through the lens of
theoretical perspectives.
Module 4 Develop the skill of understanding how culture and socialization
impacts our life chances and also exploring forms of social
interaction through real life examples

Module 5 Develop the skill of analyzing crime scenario in India through


statistics.
Module 6 Develop the skill of of participating in shaping of the society and
analyzing social change in the digital era

Readings

(Text Books)
1. Giddens A., Sociology, 5th Edition, Polity Press, 2006, Chap1,5,6,7,12,19
2. Abraham M.Francis, Contemporary Sociology: An Introduction o Concepts and Theories,
OUP,2006, Chap.1,2,4,5-9,11,17
3. Inkeles A, What is Sociology? An Introduction to the Dimension

ARTICLES
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. Profession, Englewood Cliffs, N.J. Prentice Hall, 1964, Chap. 1-3
2. Ritzer G, Sociological Theory, New York, McGraw Hill, 1996.
3. Adam B.N.and. Sydie R.A, Sociological Theory, Pine Forge Press, 2001
4. Coser L.A, Masters of Sociological Thought, Hardcourt, 2nd edition, 1977
5. Gupta D, Social stratification, New Delhi, OUP 1993.
6. Nicholas Abercrombie Stephen Hill Bryan S. Turner Penguin Dictionary of
Sociology, 4th Edition, Penguin, 2004
7. Bilton and Others, Introductory Sociology,4th Edition, Palgrave, 2002
8. Browne K., Introductory Sociology, Blackwell, 2005
9. Smelser N. J., Sociology, Prentice Hall

30
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details

Nos.

1. Prof. Ajai Lu Prof. & HOD, Centre for Study of E-mail:


Numai Social Exclusion & Inclusive Policy, ajainiumai@uohyd.ac.in
School of Social Sciences, University of
Hyderabad.

2. Prof. Avijit Centre for Study of Social Systems, E-mail:


Pathak School of Social Science, Jawarharlal avijit@mail.jnu.ac.in
Nehru University.

3. Muneer Illath Asso. Prof., Sociology, Allahabad Mob.No.9569435447


University.

4. Prof. Sweta Prof. of Sociology, Banaras Hindu Mob.No.9415206631


Prasad Univ.

5. Prof. Tapan NLIU, Bhopal Tapanmohanty@gmail.co


Mohanty m

International

Sl. Name: Affiliation Contact Details

Nos.

1. Dr. Eswari Lecturer, Sociology, Tribhuvan


Bhattarai University, Nepal.

2. Dr. Jaya Lecturer, Criminology, E-mail: ghoshjaya(twitter)


Ghosh Sociology, Univ. of California,
Univ. of Bedfordshire , London

3. Dr. Lalatendu Asst. Prof., Health Sciences, Linkedin-


Acharya Indian Univ. linkedin.com/in/lalacharya

4. Dr. Sweta Asst. Prof. of E- mail-


Ballakrishne ssballakrishnen(Twitter)/sballakrish
nen@law.uci.edu

31
1ST SEMESTER
AUTUMN SEMESTER
B.A L.LB
LW 1117: MICRO ECONOMICS
(Sem. 01/Paper-06)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:
The study of human action and interaction are two most important concept of
Microeconomics. It deals with individuals and firms that trade with one another, but its
methods and insights can be applied to nearly every aspect of purposeful activity.
Microeconomics is often defined as the study of scarce resources, prices, the demand and
supply of goods and services, production, cost, profits, externalities etc. It is best thought of
as a branch of deductive logic, models and curves which are simply manifestations of these
deductive insights. The study of Microeconomics focuses on individual units and direct
consequences of rational human choice. .

Learning Objectives:
The students can able to

1. Make the students aware about different microeconomic concepts and their
applications.
2. Interpret the condition of each microeconomic unit of any country.
3. Learn to integrate theoretical & practical knowledge and evaluate microeconomic
policy measures.
4. Demonstrate understanding of verbal, graphical, mathematical and econometric
representation of economic ideas, analysis & correlation among them.
5. Understand various complicated economic jargons and their meaning with use and
working.
6. Use knowledge in economics in their day-to-day life.
Teaching Learning Methodology:
The teaching methodology that shall be adopted in this paper is a combination of the
following methods;
1. Lecture method: Lectures will consist of covering the theory, examples, and class
discussion. Homework assignments will focus on applying the material from lectures.
2. Problem solving , Graphical illustration & Derivation of formula
3. Class room Discussion with doubt clearing session: One class per week as ‘Tutorial’
shall be allotted for weak students and the subject teacher shall clear the doubts as
well as answer the paper related quarries of the students.
Module-1: Introduction to Economics

Introduction:
This module covers the basic concepts related to microeconomics. It is designed to give an
overview of all important concepts associated with the subject matter of microeconomics.
s)

32
1.1 . Definitions of Economics
1.2 . Micro Vs Macro Economics
1.3 . Positive Vs Normative Economics
1.4 . Subject matter of Economics
1.5 . Central problems of Economic Organization
1.6 . Production Possibility Curves and Opportunity Cost
Course Takeaway:
Students can easily point out the difference in between micro and macro-economics.They can
justify the importance the study of microeconomics as well as explain the concept of
‘economic imperialism’.
Number of Hours: 7 hours
Module – II: Consumer Behaviour Analysis
Introduction:
This module covers the concepts of consumer behavior analysis. It further deals with
utility analysis i.e. both cardinal as well as ordinal utility analysis and different laws
associated with it.
Sub-Modules:
2.1 Utility analysis, Cardinal Vs Ordinal utility analysis
2.2 Law of Diminishing Marginal Utility
2.3 Law of Equi-Marginal Utility
2.4 Indifference Curve analysis
2.5 The Budget line, Expansion path
2.6 Consumer’s Equilibrium
2.7 Breaking up of price effect into income effect & substitution effect
Course Takeaway: It will give the learner a deep insight into consumer behavior with respect
to maximization of satisfaction with limited resources. It will also clear all the concepts
related to cardinal and ordinal utility analysis.
Number of Hours: 9 hours
Module – III: Demand & Supply Analysis
Introduction:
The current module is based demand and supply analysis. It covers all basic concepts
related to price determination of goods and services. Additionally it discuss about qualitative
and quantitative interpretation of demand and supply of goods and services. It involves
problem related to elasticity of demand as well as supply and determination of equilibrium
price.

3.1 Demand: law of demand, determinants of demand, shifts of demand versus movements
along a demand curve, market demand,
3.2 Supply: law of supply, determinants of supply, shifts of supply versus movements along a
supply curve, market supply and market equilibrium.
3.3 Applications of demand and supply include price rationing, price floors,
3.4 Consumer surplus and producer surplus
3.5 Elasticity includes price elasticity of demand, calculating elasticity,
3.6 Determinants of price elasticity and other elasticity

33
Course Takeaway:
The learner can able to comprehend the different concept related to demand and supply and
the technique through which price is determined in the market.Additionally they can calculate
the degree of responsiveness of demand and supply to a change in price of a product.
Number of Hours: 12 hours

Module – IV: Production, Cost & Revenue Analysis


Introduction:
This module will give the reader a complete idea about producer behaviour, cost and
revenue analysis. This deals mainly with factors of production, production functions, laws
related to production, cost concepts and revenue analysis.
4.1. Production: Factors of production, Production function

4.2. Production function with at least one fixed input (Law of variable proportion),
Production function with two variable inputs (Law of returns to scale),

4.3. Iso-quants, Iso-cost line & producer’s equilibrium and Optimum factor combination.

4.4.Concept of cost: Types of costs, the link between Production and Costs, the relationship
between the average and marginal cost curves, Economies and Diseconomies of scale.

4.5. Revenue analysis: Types of revenue, the relationship between the average and marginal
revenue curves in case of perfect & imperfect competition, Profit maximization, Equilibrium
of the firm and industry.

Course Takeaway:The apprentice can easily define various concepts and laws related to
producer behaviour analysis. They will also get to know about concepts and facts related to
cost and revenue analysis.
Number of Hours: 10 hours
Module – V: Market Structures
Introduction:
As market analysis is an important part of micro-economics therefore this module is
designed to provide a greater insight in to all the important topics, concepts, graphical
illustration etc., related to different forms of market and their working.

5.1 Perfectly Competitive Market: Features & Price-output determination in Perfectly


Competitive Market both in Short- run & Long- run.

5.2 Imperfect Competition: Monopoly, Monopolistic & Oligopoly

5.3 Monopoly: Features & Price-output determination in short- run & long- run Price
discrimination under monopoly & concept of dumping

5.4 Monopolistic Competition: Features & Price-output determination in short run & long run

5.5 Oligopoly: Price Leadership & Kinked demand curve

34
Course Takeaway:
The undergraduate can able to differentiate between different forms of market and their price
output determination technique.The learner can able to understand different graphical
illustration of different form of market.
Number of Hours: 15 hours
Module – VI: Markets for the Factors of Production
Introduction:
The current module contains factor pricing technique of different factors of
production. With addition to this it also covers the important topics like welfare economics,
market failure due to presence of externality, market for lemons etc.
6.1. Factor Pricing by Marginal Productivity: Rent, Wage, Interest and profit

6.2. Theory of Wage: Marginal Productivity Theory of wages & wage fund theory; Theory of
Rent: Ricardian theory of rent & Modern theory of rent; Theory of Interest: Neo-classical

theory of interest & Keynesian theory of interest; Theory of Profit: Hawley’s Theory of
profit.

6.3. Markets and Economic Efficiency: Role of Value Judgments in Welfare Economics

6.4. Notion of Pareto optimality and economic efficiency, Pareto Criterion of Social
Welfare, Social Welfare function-Compensation principle, Grand utility possibility frontier &
Point of Bliss.

6.5. Market failures, Externalities and Public goods: Monopoly as a cause of market
failure, Externality and market failure, Public goods and market failure, Free-Riders problem,
Asymmetric information and market failure, Market for lemons and The Principal-Agent
problems: in Private sector and Public sector.

Course Takeaway:
This module will give the students a strong idea regarding the technique of determination of
factor price. It again will add knowledge about Markets and Economic Efficiency as well as
Market failures, Externalities and Public goods.
Number of Hours: 12hours
Case References
Books:

1. Principles of Microeconomics : H. L. Ahuja, S.Chand &Company;2012-19th


Edition
2. Economics: P.A. Samuelson and W.D Nordhaus, Tata McGraw Hill;2007-9th
Edition
3. Modern Microeconomics: A. Koutsoyiannis, Macmillan Press;2013-12th Edition
ARTICLES
1. Goldsmith, R.E. “Current and Future Trends in Marketing and Their Implications for
the Discipline”.(October 2004).The Journal of Marketing Theory and
Practice 12(4).Pp.10-17.

35
2.Dilts, D.A. “Introduction to Economic Analysis” (2004).Indiana Prude University.
(7th).Pp.1-22.
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. Principles of Microeconomics: N. G. Mankiew, Cengage Learning;2013-3rd

2. EditionMicroeconomics: Theory and Applications: D. N. Dwivedi, Pearson; 2012-


2nd Edition.

3. Intermediate Microeconomics: H. L. Varian, East-west Press;2011-2nd Edition

4. Microeconomics Theory and Application: G. S. Madala and Ellen Miller, Tata


McGraw Hill;2004-4th Edition

5. A Textbook of Economic Theory: A.F. Stonier &D.C. Hague, Pearson;2012-5th


Edition

6. Micro-Economic Theory: M.L.Jhingan, Vrinda Publications; 2010-12th Edition

7. Microeconomic Theory : Henderson and Quandt

8. Principles of Microeconomics: D. Salvatore, Oxford University Press; 2003-4th


Edition.

9. Microeconomics –B.D. Bernheim and M. D. Whinston, Tata McGraw Hill; 2009-


2nd Edition

10. Microeconomics: Market, Methods and Models- Douglas Curtis and Ian Irvine,
Lyryx Learning Team; 2017- Revision A

11. Principles of Microeconomics: Steven A. Greenlaw, University Of Mary


Washington David Shapiro, Pennsylvania State University-Based on the 2nd edition of
Principles of Economics, Economics and the Economy, 2e by Timothy Taylor, published
in 2011.

Skill Component:
MODULES SKILL COMPONENTS

MODULE 1: Introduction The students can acquire efficiency in solving problems


to Economics related to consumer's utility maximization both
mathematically and graphically.

MODULE 2: Consumer Use supply and demand diagrams to analyze the impact of
Behaviour Analysis overall changes in supply and demand on price and quantity.
MODULE 3: Demand & Calculate producer and consumer surplus, solve a firm's cost
Supply Analysis minimization problem mathematically and graphically.
MODULE 4: Production, Analyze the behavior of firms in a monopoly or oligopoly,
Cost & Revenue Analysis and calculate the resulting changes in producer or consumer
surplus.

36
MODULE 5: Market Analyze market failures such as the tragedy of the commons
Structures and public goods

MODULE-6: Markets for The students can acquire efficiency in solving problems
the Factors of Production related to consumer's utility maximization both
mathematically and graphically.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Dr. Parikshit Associate Professor, D.S.E. 91-011-27008139
Ghosh Ph.D. (Boston University) pghosh@econdse.org
Field(s): Microeconomic Theory

2. Professor, Email: ramsingh@econdse.org;


D.S.E.

3. Dr. Kabita Assistant Professor Kabitasahu69@gmail.com


Kumari N.O.U. Bapripada, Mayurbhanj
Sahu
4. Prof. Professor, HOD jlenka@hotmail.com
Jagannath N.O.U. Bapripada, Mayurbhanj
Lenka

5. Dr. Assistant Professor, IIT madhusmita@iitbbs.ac.in


Madhusmita Bhubaneswar
Dash

6. Smt. Rama Former Prof., MNLU,


Pani
Mumbai

International
Sl. Name: Affiliation Contact Details
Nos.
1. Dr. Kumano Faculty of International Social tkumano@ynu.ac.jp
Taro Sciences, Divn. Of Intl.Social
Sciences, Asso.Prof.

37
1ST SEMESTER
AUTUMN SEMESTER
B.B.A L.L.B.
LW 1311: PRINCIPLES AND PRACTICE OF MANAGEMENT
(Semester 01/Paper-07)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:
This is an introductory level management course that deals with the basic tenets of
organization and management theory and practice. This course will enable students to
develop short and long-range plans to effectively accomplish organizational goals. It attempts
to familiarize the student with the various functions, processes, and activities of management
and to help the student appreciate the underlying theories that constitute the discipline of
management. to give a real life situations through problem solving skills.
LEARNING OBJECTIVES:

1. This course helps to understand the conceptual framework of management


2. It focuses on the basic roles, skills and functions of management, with special attention to
managerial responsibility for effective and efficient achievement of goals.
3. To enable students to work as an effective team member and leader
4. Identify, discuss and describe the various theories related to the development of leadership
skills, motivational techniques, team work & effective communication.
5. Be aware of the ethical dilemmas faced by managers and the social responsibilities of
businesses.
6. Use problem-solving strategies and critical thinking through case studies

TEACHING LEARNING METHODOLOGY

The course will be taught with a combination of lecture method, case study and discussion
and quiz. Students would encouraged to analyze the case on the issues relating to business
and will be followed by group discussions and oral/ visual presentations. Case materials will
be provided to the students in advance. They will read and come prepared to the class for
discussion. Through analysis of case studies involving real life situations, students will
demonstrate understanding of planning, communication and motivation and be a part of an
effective team.
Module I : Overview Of Management

Introduction: The module tries to examine the meaning, importance & nature of
management, understand the difference between management and administration and
different theories which brings the concept being practiced, the different functions and roles
of a manager and define international business and identify the skill required by manger to
operate both nationally and internationally.

38
1.1 Definition - Management
1.2 Nature and Scope of Management
1.3 Role of managers
1.4 Evolution of Management thoughts
1.5 Management as a Profession
1.6 Ethics importance in business Ethical issues managers need to do .A Case study.

Course Take Away: Students will be able to verbally communicate and present ideas developed in
their groups on basics of management and its types, skills, management roles, types of business
organization and current trends in business and work in small groups in order to identify the key
points of their selected case study and understand the expectation of business and ethics
NUMBER OF HOURS: 15 hours

Module II: Planning

Introduction:The module tries to familiarize the students with the concept of planning, its
process different types of plans, planning premises and skills required for effective planning.
It also helps them to outline the steps of the decision- making process, the concept and
advantage of using MBO, span of control and principles of delegation.
2.1 Nature and purpose of planning
2.2 Steps in Planning
2.3 - Types of plans – Planning process
2.4 Management by objective (MBO)
2.5 Decision Making - Types of decision - Decision Making Process
A Case study

2.6 Span of control

Course Take: Students will be able to verbally communicate and present ideas developed in
their groups and justify the need for planning across management levels. It will also help
them to apply different models of decision making and steps in the decision making process.
NUMBER OF HOURS: 14 hours

Module III: Organizing


Introduction :The main aim of the of the module to understand the characteristics and
typology of organization, principles of organizing, need of departmentalization, organization
structure, formation of committee, advantages of decentralization and difference between
informal and formal organization and the benefits to the members of the organization.
3.1 Nature and purpose of organizing
3.2 Organization structure
3.3 Forms of Organization
3.4 Departmentation
3.5 Centralization and Decentralization. A Case Study
3.6 Committee, its need and effectiveness

39
Course Take Away: To analyze and enrich their analytical and logical reasoning skills to solve
problems and line and staff organizational structures, discuss different forms of departmentation and
the effectiveness of the committee in doing a job bringing team into consideration.

NUMBER OF HOURS: 12 hours

Module IV: Staffing

Introduction : This module tries to familiarize the essential components of human resource
the biggest concerns of today’s managers, the importance of performance appraisals and how
they can be used effectively, different sources of recruitment, steps in the selection process
and the significance of training. It tries to find out the training need analysis which also helps
in the manpower planning process.
Sub Modules
4.1 Line, Staff and Line and Staff authority

4.2 Delegation of authority

4.3 Staffing - Recruitment - Orientation

4.4 Selection and Process

4.5 Training & Development

4.6 Performance Appraisal - A Case Study.

Course Take Away: Students will understand the importance of the use of performance
appraisal, process of recruitment & selection and objectives of training.

NUMBER OF HOURS: 12 hours

Module V: Directing

Introduction : This module tries to find and analyze that why people should be motivated
and makes them motivated. Is it something natural or intrinsic in nature or is it extrinsic
which leads to such type of behavior. In the course of reading this chapter we will be able to
acquire certain theories defined and practiced by managers of today’s organization. It also
tells us about the different types of Leadership style are applied in different situations. It also
how culture influence leadership style and tries to be applied on different people.
5.1 What is Motivation?
5.2 Motivation Theories – Need Hierarchy, Two Factor Motivation, Theory X & Y
5.3 Leadership – Definition and Characteristic
5.4 Leadership Style – different types
5.5 Communication - Barriers to effective communication
5.6 Organization Culture. A Case Study.

40
Course Take Away: Students will understand the difference between a manager and leader,
the skills they use and a comparison between different leaders in different regions.

NUMBER OF HOURS: 12 hours


Module VI: Controlling

Introduction : This module tries to familiarize the students understand what is meant by
organizational control, differentiate among different levels, types, and forms of control. It
will also help them to understand the benefits of controls, steps in control and control
techniques allowing the organization to be more responsive by moving decision making to
those closest to customers and areas of uncertainty.

6.1 Concept of Control


6.2 Relationship between Planning and Control
6.3 Process of controlling - Types of control
6.4 Steps in Control
6.5 Budgetary and non-budgetary control –How to improve productivity -Control process. A
Case Study.
6.6 Forecasting, techniques

Course Take Away: Students will be introduced to the basics of controls, the process by
which an organization influences its subunits and members to behave in ways that lead to
attaining organizational goals and objectives. When properly designed, controls lead to better
performance by enabling the organization to execute its strategy better.

CASE REFERENCES

1. Case Study on Motivation – Quality Footwear Ld.


2. A Case Study on Making Decisions
3. Doing Good as a Core Business Strategy: case study
4. Successful & Effective Leadership – a case study
BOOKS
1. Principles of Management – Neeru Vasishth – Taxmann‘s Publications
2. Management Text & Cases - VSP Rao - Excel Publishers
3 Principles & Practice of Management – P C Tripathi & P N Reddy – Mc Graw Hill
ARTICLES
1. Henri Fayol’s Principles of Management and Its Effect to Organizational Leadership And
Governance Shiela Antonette D. Bacud.
2. From Fayol‟s Mechanistic to Today’s Organic Functions Of Management, Daniel E.
McNamara, University of St. Thomas, USA
3. Leadership Management: Principles, Models and Theories Dr. Manoj Kumar Sharma and
Miss. Shilpa Jain
4. Application of the Henri Fayol Principles of Management in Startup Organizations,
Achinivu Godwin1, Okwu E. Handsome2, Wey A. Ayomide3, Akpan E.Enobong4, Fasan
O.

41
Johnson5
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. Principles & Practice of Management - L M Prasad- Sultan Chand & Sons

2. Essentials of Management – Koontz & Heinz Weilrich – Tata McGraw Hill .


3. Bhattacharyya, Dipak Kumar (2013). Principles of Management, 2/e; New Delhi: Pearson
Education
4. Stephen A. Robbins & David A. Decenzo & Mary Coulter, “Fundamentals of
Management”
Pearson Education
5. Robert Kreitner & Mamata Mohapatra, “ Management”, Biztantra,.
6. JAF Stoner, Freeman R.E and Daniel R Gilbert “Management”, Pearson Education,
SKILL COMPONENTS
MODULES SKILL COMPONENTS

MODULE 2: Planning Time Management Skill

MODULE 4: Staffing Interviewing Skill

ESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS


National

Sl. Name: Affiliation Contact Details

Nos.

1. Mr. Pradip HR- Head-G4S Secure E-mail:


Bandyopadhyay Solutions pradip.bandopadhyay@in.g4s.com

Ph.No. 011-27008139

2. Mr. Dibyendu Manager- HR E-mail:dibyendubasu@eptisa.com


Basu

3. Ms. Chanda Asst. Prof., Prestige E-chanda.gulati@prestigegwl.org


Gulati Institute of
Management

4. Mr. A.K. Panda Unit head in IFFCO, E-mail: pandaak55.gmail.com


Paradee

42
1ST SEMESTER
AUTUMN SEMESTER
B.B.A L.L.B.
LW 1313 : Marketing Management
(Semester 01/Paper-08)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description : Customer First is the buzzword in business. Understanding the needs
of the customer and fulfilling those needs is an essential activity of any organization .
Marketing Management teaches us the finer nuances of consumer behaviour and the art of
formulating strategy to acquire and retain more and more customers.

Learning Objectives

1. Students will understand the meaning of market, and marketing as a function.


2. They will understand and appreciate different business strategies.
3. Theywill learn about consumer behaviour and will be capable of drafting Purchase
Orders.
4. Students will understand the importance of market research in business decisions.
5. They will acquire skills for effective business negotiations.
6. They will understand the business models of e-commerce , opportunities in e-commerce
and challenges.

Teaching Learning Methodology

This subject will be taught through a combination of lectures , case analysis and discussion
on news articles . Case materials will be provided to the students in advance . Students have
to read the cases and come prepared to the class for discussion and debate. Role Plays will
be used to teach the skills of business negotiations. Students should read at least one
business newspaper daily. Business news relevant to the topics being taught in the class will
also be discussed.

Module-1 : Market and Marketing.

Introduction: In this module students will learn the meaning of market, market structures
and some basic terminologies related to Marketing Management . They will also learn the
different ways in which a market is segmented and the target market is decided. Students
will also learn about rural marketing and service marketing.

1.1 Market , Examples of Market and Types of Market


1.2 Market Structures
1.3 Products and Services , Exchange and Transaction
1.4 Need , Want , Demand , Satisfaction and Utility
1.5 Market Orientations

43
1.6 Growing Importance of marketing
1.7 Market Segmentation and Target Market.
1.8 Rural Marketing
1.9 Service Marketing

Course Takeaway: Students will understand how business organizations operate in a


market.

Number of hours : 12 hrs

Module-2 : Business Strategies

Introduction: In this module , students will learn various business strategies which include
SWOT Analysis , McKinsey’s 7S Model , BCG SBU Model , Growth strategies and
Marketing Mix Strategy. Students will also learn various pricing and distribution strategies.
2.1 Business Strategy

2.2 Marketing Mix

2.3 BCG SBU Matrix

2.4 McKinsey’s 7S Model

2.5 Michael Porter’s 5Force Model

2.6 SWOT analysis

2.7 Pricing Strategy

2.8 Distribution Strategy.

2.9 Advertising and Sales Promotion.

2.10 Public Relation

2.11 Push and Pull type Communication

2.12 Surrogate advertising & Ethics in advertising

2.13 Targeted Online advertising

2.14 Budgeting for communication

Course Takeaway: Students will learn various business strategies . They will be capable of
using BCG Matrix.

44
Number of hours : 16 hrs

Module-3 : Consumer Behaviour

Introduction: In this module students will learn about two types of consumers (household
and organizational) and their buying behaviour and practices. They will also learn about
CRM and Data mining which are essential for ensuring good customer service and
maintaining long-term customer relationship. They will also understand the process of
tendering and contracting in case of high value purchases.

3.1 Decision making

3.2 Buying process

3.4 Individual buyer and Organizational buyer

3.5 Loyalty , Relationship Marketing

3.6 CRM , Data Mining and Data Analytic

3.7 Tendering and Contracting

Course Takeaway: Students will understand the complexity of organizational buying . They
will also be able to draft a purchase order with essential terms and conditions.

Number of hours : 12 hrs

Module-4: Marketing Research

Introduction:In this module , students will appreciate the value of data driven decision
making and how research is integral to such decision making . They will learn the basic
process of research. They will also understand various kinds of marketing problems for which
there is a need for research.

4.1 Market Research , Marketing Research , Types of Research


4.2 Research methods , Qualitative Research and Quantitative Research
4.3 Dependent and Independent variables , Scaling
4.4 Population and Sample , Sampling
4.5 Data Collection Methods , Questionnaire
4.6 Statistical tools and data analysis.

Course Takeaway: Students will be able to formulate a simple research plan to solve a
marketing problem.

Number of hours : 12 hrs

45
Module-5 : Business Negotiation

Introduction:In this module students will learn about essential elements of negotiation and
various types of business negotiation . They will also learn the tricks and skills needed to win
simple business negotiations.

5.1 Meaning of Negotiation & Need for negotiation


5.2 Negotiation types and Business negotiation
5.3 Theories of Negotiation
5.4 Negotiation skills
5.5 Ethics in negotiation.

Course Takeaway: Students will be able to negotiate simple business contracts.

Number of hours : 12 hrs

Module-6- e-Commerce

Introduction:In this module students will understand the business models of e-commerce
and how it is easy to convert a business idea to a commercial concept in the e-commerce
platform. Students will also understand various challenges in this sector.

Sub-Modules

6.1 e-Commerce
6.2 Business Models
6.3 Role of Technology
6.4 Logistics
6.5 Opportunities and Challenges

Course Takeaway: Students will acquire a general outlook about e-commerce.

Number of hours : 8 hrs

Case References

1. Emmy’s and Maddy’s First service encounter.


2. Fedex Corporation
3. Singapore Airlines

Books

1..Principles of Marketing by Philip Kotler , Gary Armstrong , Prafulla Y Agnihotri , and


Ehsan Ul Haque..( Pearson Press)

ARTICLES

46
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Marketing Strategy by O C Ferrel & Michael D Hartline ( Thomson India Edition).


2. Services Marketing by K Douglas Hoffman and John E G Bateson (Thomson India
Edition).
3.Marketing Management by VS Ramaswamy and S Namakumari (McMillan Books)

4.e-Commerce by Parag Diwan and Sunil Sharma

5. Negotiation - The Art of Getting What You Want by Michael Schatzki

6. The Economic Times

7. Business Standard

SKILL COMPONENTS

Module Skill Component

Module 1: Market & Marketing No Skill component

Module 2: Business Strategies Strategic Skill - Using BCG SBU Model for
business decision making.

Resource Person : Dr.Amarendra Pattnaik

Module 3: Consumer Behaviour Drafting of Purchase Order and Work Orders.

Resource Person : Dr.Amarendra Pattnaik

Module 4:Marketing Research Use of MS Excel in simple data analysis -


Calculate Mean, Median, Mode ,Variance ,
Standard Deviation, Co-relation Coefficient ,
Skewness and Kurtosis.

Resource Person : Dr.Amarendra Pattnaik

Negotiation skills - Students will learn


Module 5: Business Negotiation negotiation skills for purchase , sales , lease ,
appointment , investment etc.

47
Module 6: e-Commerce No Skill component

Resource Person :
National
1.Dr.Purnima Anjali Mohanty, Assistant Professor (XIMB University),purnima@xub.edu.in

48
1ST SEMESTER
AUTUMN SEMESTER
B.B.A L.L.B.
LW 1315: Principles of Financial Accounting
(Semester 01/Paper-09)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

The object of the course is to gain the ability of using accounting information as a tool in
applying solutions for managerial problems, development of the accounting skills, evaluating
the financial performance, and interpreting the financial structure and applications in different
kinds of business.

Learning Objectives:

 To study accounting and its significance in real life situation.

 To understand the basic concept and conventions of accounting and its practices.

 To have the ability to identify and analyze financial accounting problems and
opportunities in real life situations.

 To explore Golden rules of accounting.

 To provide different dimensions and methods of computation of Trial Balance,


Final accounts,
Depreciation accounts, Consignments, Joint Ventures, partnership and Company
accounts.

 To develop the ability to identify and analyze financial accounting problems and
opportunities in real life situations.

Teaching Learning Methodology:

This course will be taught by a combination of case study, problem solving, class discussion,
reading materials and assignments through online and offline mode.

Module-1: Introduction to Accounting

Introduction: The objective of this module is to discuss the various concept and conventions
of accounting, its principles and procedures.

1.1 Meaning and definition of Book keeping and Accounting, Objectives, Types of
Accounting and Branches of Accounting, Basic Accounting terms, ethics and culture.

1.2 Accounting Principles and rules Systems of account keeping: Double entry system. Rules
of debit and credit. Accounting equations: meaning and analysis of transactions using

49
accounting equations.

1.3 Accounting standards: Indian, GAAP and IFRS.

1.4 Accounting process: Journal, simple and compound journal entries. Rules of journal
entry. Ledger. Posting from journal and subsidiary books, balancing of accounts.
Preparation of cash books and petty cash books.

1.5 Relationship of accounting with other discipline.

1.6 Advantages and Limitation of Accounting.

Course Take Away: After studying the above module students got brief idea of various
dimensions of accounting, its types, standards and practices.

Number of Hours: 12 hours

Module-2: Trial Balance

Introduction: The objective of this module is to give brief description on how trial balance
plays an important role in developing financial statement of a corporate.

2.1 Trial Balance: Meaning, objectives and Functions.


2.2 Method of Preparation & AS
2.3 Case of Trial balance.
2.4 Errors in TB and its types. One sided and two sided errors. Errors not disclosed by trial
balance.
2.5 Detection and Rectification of Errors, suspense accounts. Rectification of errors after and
before preparation of trial balance,
2.6 Capital and Revenue Receipts and Expenditures. Meaning and distinction. Differed
revenue expenditure: Case
Key Takeaway: Through this module students got brief idea on to prepare trial balance of a
company and how to rectify the errors.

Number of Hours: 10 hours

Module-3: Depreciation Accounting

Introduction: The objective of this module is to give brief idea on how depreciation plays an
important role in managing assets.

3.1 Concept of depreciation and AS-6

3.2 Causes and various provisions of depreciation,

3.3 Depreciation accounting and its dimensions.

3.4 Methods of recording depreciation and depreciation accounting process.

3.5 Straight Line Method and Written down Value method: Case

50
3.6 Change in depreciation amount and percentage, change in the method of depreciation:
Case

Course Taken Away: After studying the above module students learns various depreciation
provisions and methodology to manage and replace the assets.

Number of Hours: 10 hours

Module-4: Final Accounts

Intrduction: This module highlights the various final accounts process and adjustments that
every entity finds it out at the end of the financial year.

4.1Meaning and objective of Final Accounts and AS

4.2 Preparation of trading account and Manufacturing account.

4.3 Preparation of profit and loss account of a sole proprietor concern.

4.4 Preparation of Balance sheet.

4.5 Adjustment entries in the preparation of Balance sheet. Closing stocks, outstanding
expenses, prepaid expenses, accrued income and income received in advance,
depreciation, interest on capital and interest on drawings, interest on borrowings and
interest on loans and advances, bad debts and provision for bad debts, discounts on
debtors and creditors, bad debts and provision for bad debts, provision for discount on
debtors and creditors.

4.6 Case analysis with adjustment entries.

Key Takeaway: After studying the above unit’s students understand the various practical
aspects final accounts and its significance.

Number of Hours: 12 hours

Module-5: Consignment and Joint Venture Accounts

Introduction: The module discusses various provisions consignment and Joint venture
business and its various provisions.

5.1 Consignment: Meaning, Account Sales and Performa Invoice

5.2 Valuation of Stocks, Treatment of normal and abnormal loss, Types of commissions and
calculation of commissions

5.3 Transactions in the books of consignee and consignor and the preparation of consignment
accounts and other related accounts.

5.4 Joint Venture- Meaning, nature and scope. Joint venture v/s consignment.

51
5.5 Accounting records when separate set of books are maintained

5.6 When one of the ventures keeps the accounts and when all the ventures keep the accounts.

Key Takeaways: After studying the above module the students understand the various
accounting practices of consignment and joint venture business.

Number of Hours: 12 hours

Module-6: Partnership Accounts & Joint Stock Company

Introduction: The module focuses on various aspects of accounting in the field of


partnership business and Joint Stock Company.

6.1 Partnership firm: Meaning, nature, act and types. Partnership deed- Partnership Act 1932.

6.2 Preparation of final accounts and profit and loss appropriation accounts and other
accounts under fixed and fluctuating capital methods. Distribution of profit and simple
partnership problems regarding the distribution of profits.

6.3 Admission of partner. Effects on admission, Changes in profit sharing ratio.

6.4 Goodwill valuation, methods of valuation and distribution of goodwill. Revaluation of


assets and liabilities and preparation of revaluation accounts. Problems relating to the
admission of the partner and distribution of goodwill.

6.5 Introduction to joint stock company. Kinds of joint stock companies. Private and Public
companies. Classes of shares and Debentures. Procedures of Issue of shares. Issue of
shares at par, at a premium and at a discount.

6.6 Accounting entries for Calls in advance and Calls in arrears. Under and over subscription
of shares and Pro-rata allotment of shares. Forfeiture of shares and reissue of forfeited
shares.

Key Takeaways: After studying the above module the students understand the various
practical aspects partnership business and sole proprietary business accounting practices and
legal provisions

Number of Hours: 15 hours

CASE REFERENCES

BOOKS

1. Financial Accounting by Jain and Narang, by Kalyani Publication.


2. Introduction to Accountancy by T.S Grewal & S.C Gupta 2016 edition by S. Chand.
3. Financial Accounting by S.N Maheswari, Suneel K. Maheswari and Sarad K.
Maheswari by Vikas Publishing.
ARTICLES

52
1. Perspective of Accounting Principles, rules, ethics and culture
(https://www.researchgate.net/publication/323414276_'_PERSPECTIVE_OF_ACCO
UNTING_'_PRINCIPLES_RULES_ETHICS_CULTURE).
2. Cash Book: The Effective Tool for Easy Cash Management (https://accountants-
day.info/cash-book-the-effective-tool-for-easy-cash-management/)
3. The Trial Reveals Accounting Errors and Restores Accuracy (https://www.business-
case-analysis.com/trial-balance.html).
4. Suspense accounts and error correction
(https://www.accaglobal.com/gb/en/student/exam-support-resources/fundamentals-
exams-study-resources/f7/technical-articles/suspense-accounts.html)
5. Human depreciation accounting and the emergence of industrial pensions Linking
human assets to the firm
(https://www.researchgate.net/publication/276321691_Human_depreciation_accounti
ng_and_the_emergence_of_industrial_pensions_Linking_human_assets_to_the_firm)
.
6. Importance of Depreciation in Tracking Fixed Assets
(https://www.assetpanda.com/resource-center/blog/importance-of-depreciation-
assets/).
7. The Effect of Straight-Line and Accelerated Depreciation Rules on Risky Investment
Decisions—An Experimental Study
(https://www.researchgate.net/publication/309140756_The_Effect_of_Straight-
Line_and_Accelerated_Depreciation_Rules_on_Risky_Investment_Decisions-
An_Experimental_Study)
8. The Profit And Loss Account In Different Approaches. Advantages And
Disadvantages
(https://www.researchgate.net/publication/227367746_The_Profit_And_Loss_Accoun
t_In_Different_Approaches_Advantages_And_Disadvantages).
9. An Empirical Study of Balance Sheet Analysis: Global Perspective
(http://www.globalbizresearch.org/Turky_Conference_2016_Dec/docs/doc/2.%20Fin
ance%20Accounting%20&%20Banking/I666.pdf)
10. The comparative study of consignment and vendor managed inventory with special
reference of cost structure (http://www.ijoart.org/docs/The-comparative-study-of-
consignment-and-vendor.pdf).
11. Goods Sent on Consignment - Accounting, Commission, and Account Sales
(https://www.caclubindia.com/articles/consignment-43080.asp).
12. The impact of research joint ventures on firm performance: an empirical assessment
(https://www.econstor.eu/bitstream/10419/51188/1/21997165X.pdf)
13. Accounting in Partnerships
(https://www.researchgate.net/publication/2860429_Accounting_in_Partnerships).
14. Accounting for Partnership: Basic Concepts
(https://leverageedu.com/blog/accounting-for-partnership/)
15. Share Capital : Exploring the backbone of Company Law”(
https://www.researchgate.net/publication/326295273_Share_Capital_Exploring_the_b
ackbone_of_Company_Law)
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

 Financial Accounting by M Hanif & A Mukharjee by McGraw Hill.


 Financial Accounting by V K Goyal & Ruchi Goyal by PHI.
 Fundamentals of Accounting by Ranganantham Gangineni & V Malepati by
S.Chand.

53
 Financial Accounting for Management by N Ramachandran & R K Kakani by
MacGraw Hill.
 Financial Accounting by P.C Tulsian by Pearson.
Financial Accounting by V Rajasekaran & R.Lalitha by Pearson

Skill Component

Sl.no Module Skill Components

1 Module-1: Journal entry, ledger, subsidiary book , cash book and


Introduction to accounting standard
Accounting

2 Module-2: Trial Preparation of trial balance of Indian company and


Balance rectifying the errors. Distribution of various expenditures
and incomes in different heads.

3 Module-3: AS-6 for preparation of depreciation accounting- Straight


Depreciation line method & Written Down method. Conversion of
Accounting written down to straight line method and vice versa

4 Module-4: Final Preparation of Final accounts through adjustment entries of


Accounts Indian corporate.

5 Module-5: Preparation of accounts in the books of consignor and


Consignment and consignee. Methodology to prepare joint venture accounts.
Joint Venture
Accounts

6 Module-6: Methods of preparation of profit and loss appropriation


Partnership accounts, revaluation accounts, admission of partner,
Accounts & Joint changes in profit sharing ratio, calculation of goodwill and
Stock Compan issue of shares.

54
1ST SEMESTER
AUTUMN SEMESTER
B.Sc. L.L.B.
LW 1211- PHYSICS I
(Semester 01/Paper-10)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:Physics is a subject that requires greater analytical skills. With concepts
explained using the language of mathematics, it helps the learner acquire good mathematical,
logical and analytical skills. In this part-1 of the three part course the students will develop an
understanding of mechanical and thermal properties of materials. This helps formulate a good
mathematical background and problem solving skills.

Learning Objectives

 Enriching basic knowledge of Physics to support the graduate program.


 Leaning methodology to establish models for various physical phenomena
 Expressing behaviour of systems in handy expression / equation (analytical treatment).
 Applying the aforementioned handy expression / equation to predict / analyze behaviour
of modern devices / instruments and engineering materials.
 Establish the gateway to design and develop the aforementioned things.
 Develop fine sense of mathematical, logical and analytical thinking of systems.

Teaching Learning Methodology


This subject will be taught through a combination of lectures, hands on
experiments/animations, and discussion of recent advances in the field. Students will be
evaluated daily using polls/pop quizzes, besides regular graded quiz & assignments to assess
their overall knowledge and understanding of different modules.

Module-I: Motion of a particle

Introduction: In this module students will learn about various types of motions encountered

in simple and compound or many particle systems. For example, oscillation of a mass point

suspended from a rope is not same as oscillation of a bar, and one can distinguish the
difference by understanding the fundamental difference in their basic properties/behavior.
Introduction to the different types of motions in various system of particles from simple to
compound.

1.1 Motion of a particle: expression for velocity, acceleration, and kinetic energy of a particle
in plane polar coordinates.

1.2 Motion of a system of particles: Linear momentum, angular momentum, and kinetic
energy of a system of particles.
1.3 Moment of inertia (MI): Parallel axis and perpendicular axis theorems,
1.4 MI of a ring, disk,

55
1.5 MI of solid sphere and solid cylinder.
1.6 Rotational kinetic energy of a rigid body.

1.7 Compound pendulum

Course Takeaway: Students will learn about differenttypes of motions in simple and many
particle systems. They will get used to calculating various mathematical quantities such as
moment of inertia, kinetic energy for different systems.

Number of hours : 12 hrs

Module-II: Central force problem

Introduction: In this module students will learn about various types of systems governed by
different typs of forces. For example, we have small systems to large galaxies all governed by
different length scales and different fundamental forces, and one needs to learn about various

kinds of fundamental forces to learn more. One such force is central force that students will

lern in this chapter. Understanding central force problem.

2.1 Fundamental forces of nature, central force.


2.2 Central force problem to equivalent one-body problem.
2.3 Derivation of Kepler’s laws of planetary motion.
2.4 Gravitational force, field, potential energy, and potential.
2.5 Gravitational potential and field due to thin spherical shell at external and internal
points.
2.6 Gravitational potential and field due to solid sphere at external and internal points.

Course Takeaway: Students will learn the central force problem and about gravitation.

Number of hours : 12 hrs

Module-III: Properties of matter

Introduction: In this module students will learn about mechanical properties of material such

as elasticity and surface tension.Physical and mechanical properties play a crucial role in
chosing a particular material or structure over others for stability and function. This module
with its hands on parts will enable the students learn about various aspects of systems
response to applied stress and strain, and possible effects.Understanding mechanical
properties of material.

56
1. Elastic quantities, stress, strain, Hooke’s Law and various elastic constants.
2. Relation between elastic constants.
3. Bending of beams: bending moment, depression at the free end of a light cantilever.
4. Depression at the mid-point of a loaded heavy beam supported at the ends.
5. Torsion of a right circular cylinder.
6. Surface tension, pressure difference across a curved membrane.
7. Viscous flow, Poiseuille's formula.

Course Takeaway: Students will learn the mechanical properties of material such as

elasticity and surface tension.

Number of hours : 12 hrs

Module-IV: Oscillations and waves

Introduction: this module will help the students learn about different types of oscillating

systems around them. They will also learn the unique features of various oscillating system
and about waves motion. We hear sound and we see light, both are waves, but are they
constituted the same way? How are they different? This unit will help with the answers.
Learn to distinguish the different types of oscillating systems and know about wave motion.

1. Simple harmonic motion


2. Damped harmonic motion, power loss, Q-factor, underdamped, overdamped, and
critically damped motion.
3. Forced vibration, resonance, sharpness of resonance.
4. Coupled oscillations.
5. Wave equation in a medium.
6. Velocity of longitudinal waves in an elastic medium and that of transverse waves in a
stretched string.
7. Lissajous figures.

Theory & Skill : This module will have theory only.

Course Takeaway: From this module students will learn to distinguish the different types of
oscillating systems around them. They will also learn how to tweak a system as per the need.

57
Number of hours : 10 hrs

Module-V: Thermodynamics I
Introduction: This module is designed to teach students about thermodynamic systems, the
variables, laws of thermodynamics and how heat engines work. They will learn to calculate
work done in various systems, and be able to differentiate between one over the other in a
complex system. They will also get the idea of effect of pressure on melting or boiling points
of substances. Learn about the thermodynamic variables, laws of thermodynamics and how
heat engines work. They will get the idea of effect of pressure on melting or boiling points of
substances.

1. Thermodynamic system and thermodynamic equilibrium.


2. Reversible and irreversible processes. Internal energy.
3. First law of thermodynamics. Difference between molar specific heats of an ideal gas.
4. Derivation of the relation PV = constant for adiabatic processes, work done in isothermal
and adiabatic processes.
5. Entropy, change in entropy in various processes, T-S diagram.
6. Carnot engine and its efficiency. Carnot theorem. Second law of thermodynamics.
Thermodynamic scale of temperature.
7. Thermodynamic coordinates P, V, T and S. Maxwell’s relations. TdS equations.
8. Clausius–Clapeyron relation. Effect of pressure on melting point and boiling point.

Course Takeaway: Students will learn about the laws of thermodynamic and how heat
engines work. They will get the idea of how pressure affects melting or boiling points of
substances.

Number of hours : 14 hrs

Module-VI: Thermodynamics II, statistical physics and introduction modern physics


Introduction: This module is designed to teach students more about thermodynamic systems,
real gases. They will learn about the concept of quantum of energy in the context of
blackbody radiation. Learn about more about the thermodynamic systems, real gases, their
equation of state. Introduce them to blackbody radiation and continuous versus quantized
energy.
1. Maxwell-Boltzmann formula for distribution of molecular velocities (statement and
discussion)

2. RMS velocity, average velocity, and most probable velocity.

3. Mean free path. Degrees of freedom. Equipartition of energy.

4. Van der Waals equation of state for real gases.

58
5. Critical constants. Reduced equation of state.

6. Blackbody radiation. Energy distribution in the blackbody spectrum. Stefan-Boltzmann


law. Wein’s formula, Rayleigh-Jeans formula,Wein’s displacement law and Planck’s
formula. (statements and discussion).

Course Takeaway: Students will learn about more about molecular velocity distributions,
real gases, their equation of state, blackbody radiation and concept of quantized energy.

Number of hours : 12 hrs

CASE REFERNECES

BOOKS

1. Engineering Physics, B. K. Pandey and S. Chaturvedi, Cengage Publication, New


Delhi.
2. Optics, A K Ghatak, Tata McGraw-Hill Publications.
3. Modern Engineering Physics, S. L. Gupta, Sanjeev Gupta, Dhanpat Rai
Publications (P) Ltd.
4. Open source course NPTEL, Swayam etc.

Module Skill Component


Module 1: Motion of a particle Skill component: hands on experiments, to
learn difference between simple and complex
systems and analyze their behavior.
Resource Person : Dr. J. Tripathy
Dr. J. Baral
Module 2: Central force problem No skill component
Module 3:Properties of matter Skill component: Learning through hands on
experiments. Which will initiate critical
thinking in students.
Resource Person : Dr. R. Biswal
Dr. G. Shaw
Module 4:Oscillations and waves No skill components
Module 5:Thermodynamics I No skill components
Module 6:Thermodynamics II, statistical Use of MS Excel in simple data analysis
physics and introduction modern physics Discussion/presentations
Resource Person : Dr. J. Tripathy
Dr. R. Behera

59
1ST SEMESTER
AUTUMN SEMESTER
B.Sc. L.L.B.
LW-1213 CHEMISTRY-I
(Semester 01/Paper-11)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
This course will demystify some basic principles and theories of core area of physical
chemistry and inorganic chemistry. This course introduces students to the core area of
chemistry viz. atomic structure, periodic properties, chemical bonding, acids and bases. The
course will enrich the students with basic concepts and applications in Chemistry based on
liquid state, solution, thermodynamics and chemical kinetics.

LEARNING OBJECTIVES:
 Introduction to the structure of atoms and basic characteristics of subatomic particles.
To understand the concepts of orbital. To describe the periodic table as a list of
elements arranged so as to demonstrate trends in their physical and chemical
properties.

 Differentiate between polar and nonpolar covalent bonding. Describe the significance
of relative electronegativity in bonding. VSEPR theory for prediction of shapes of
molecules.

 Rationalize bulk properties and processes using thermodynamic consideration and


also apply the knowledge to decide the feasibility of a given process.

 Analyze the kinetics of reactions as well as theories of reaction rates.

 Introduction to properties of liquid, different concentration units of solutions and


vapor pressure. Basic understanding of Raoult’s law, ideal and non-ideal solutions.

 To understand different theories of acids and bases and the factors affecting the
strength of acidity and basicity.

Teaching Learning Methodoogy:

The method to achieve these goals will be the on the basis of lecture sessions, presentation
and class discussions on the topics.

Module – I: Atomic structure and periodic table

60
Introduction of this module: This module is about the internal structure of an atom which
will help students to understand the correlations between its structure and properties. This
module presents the contemporary quantum mechanical model of the atom and using this
model to describe the electronic structures of the elements in order of increasing atomic
number. This module also consists of the journey through the development of classification
of elements from ancient to modern and how some properties of elements vary in the modern
periodic table.

1.1 Idea of de Broglie wave, Heisenberg uncertainty principle, Schrodinger wave


equation, significance of wave function and atomic orbitals
1.2 Quantum numbers, Aufbau principle, Pauli’s exclusion principles and Hund’s
multiplicity rule
1.3 Variation of orbital energies with atomic number, energy level diagram and electronic
configuration of elements
1.4 Effective nuclear charge and shielding, radial and angular wave functions and
distribution curves, shapes of s, p, d orbitals and their characteristics.
1.5 Atomic and ionic radii, periodicity, periodic properties, size, ionization potential and
their variation in periodic table
1.6 Electron affinity, electronegativity, their variation in periodic table; Application in
periodicity and explaining chemical behavior.

Course takeaways :

After going through this module students will be able to:


 explain wave particle duality of matter and radiation;
 formulate Heisenberg’s uncertainty principle;
 explain the need for quantum mechanical model;
 draw probability pictures of an electron in an atom;
 list quantum numbers and discuss their significance;
 draw the shapes of s, p and d orbitals;
 recognize nodal plane;
 explain Pauli’s exclusion principle, Aufbau principle and Hund’s rule of maximum
multiplicity
 describe briefly the development of classification of elements;
 describe the features of the long form of periodic table;
 explain modern periodic classification and
 describe the trends in variation of atomic size and metallic character in the periodic
table.

Number of hours : 18

61
Module – II: Chemical bonding

This module focuses on how (and why) atoms come together to form bonds and how (and
why) certain molecular structures are formed as a result of bonding interactions. Students will
be introduced to ionic, covalent, and polar covalent bonds, and to a theory that can predict
bond strength (molecular orbital theory). Pupils will also learn about molecular structure, and
theories that predict which arrangement of atoms and electrons is likely to yield the most
stable molecule (Lewis structures), and which geometry is most likely to be observed
(VSEPR and valence bond theory/hybridization).

2.1 Ionic bond: formation of ionic bonds, factors affecting the formation of ionic bonds
2.2 Lattice energy, Determination of lattice energy by Born Haber’s cycle
2.3 Covalent character of ionic bond, Fajan’s rule for Covalent bond
2.4 Valence bond theory, shapes of covalent molecules (VSEPR theory and
hybridization), limitation of VBT
2.5 Molecular orbital theory (MOT), energy level diagrams for homonuclear and
heteronuclear diatomic molecules
2.6 Molecular forces, Hydrogen bond of Vanderwall’s forces

Course takeaways :
After going through this lesson students will be able to:
 understand how the concept of electronegativity and its variation over the periodic
table; can be used to rationalize the nature of the bonding in substances;
 predict shapes of covalent molecules;
 calculate the bond order of the molecule

Number of hours: 8
Module – III: Thermodynamics

Introduction: To understand and perform any sort of thermodynamic calculation, there are
obvious need to understand the fundamental laws and concepts of thermodynamics. In this
module students will study the flow of heat or any other form of energy into or out of a
system as it undergoes a physical or chemical transformation. In studying and evaluating the
flow of energy into or out of a system, it will be useful to consider changes in certain
properties of the system. By measuring the changes in these properties from the initial state to
the final state will provide information concerning changes in energy and related quantities
such as heat and work.

3.1 Introduction, Concept of internal energy, first law of thermodynamics


3.2 Enthalpy, second law of thermodynamics, entropy, heat capacity, heat of reaction
3.3 Variation of heat of reaction with temperature (Kirchoff’s equation)
3.4 Free energy and work function, conditions of spontaneity and equilibrium, Problem
solving

62
Course takeaways :
After going through this lesson students will be able to:
 define a state function and determine the variables of state functions;
 determine how heat and work are related to the overall internal energy of a system;
 calculate changes in internal energy and enthalpy using the First Law of
Thermodynamics;
 calculate the work done by/on a system at constant pressure (PV work);
 calculate the variation of heat of reaction with temperature using Kirchoff’s equation
Number of hours : 14
Module – IV: Chemical Kinetics
Introduction: This module deals with the study of the rates of chemical reactions and how
the reaction rates are influenced by different factors. The kinetic data will be analyzed to
determine the order of the reaction with respect to any reagent.

4.1 Introduction, order and molecularity of a reaction, rate of reaction


4.2 Factors of influencing the rate of reaction, kinetics of first and second order reactions
4.3 Analysis of kinetic data for the determination of the rate constant and order
4.4 Effect of temperature on reaction rates, Arrhenius equation
4.5 Effect of catalyst on reaction rates

Course takeaways :
After going through this lesson students will be able to:
 understand the factors that affect the rate of chemical reactions;
 determine the rate of reaction given time and concentration;
 relate the rate of formation of products and the rate of disappearance of reactants;
 balance chemical equation for the reaction;
 understand the form and meaning of a rate law including the ideas of reaction order
and rate constant
 determine the rate law and rate constant for a reaction from a series of experiments
given the measured rates for various concentrations of reactants;
 use the integrated form of a rate law to determine the concentration of a reactant at a
given time;
 explain how the activation energy affects a rate and be able to use the Arrhenius
Equation;
 explain how a catalyst works
Number of hours : 10

MODULE – V: Liquid State and Solution


Introduction: In this module the intermolecular forces in liquids and how the properties of
liquids can be explained in terms of these intermolecular forces will be discussed. This

63
module also consists of the fundamental concepts of the properties of liquids viz. vapor
pressure, surface tension, surfactants etc. and how to express concentration of solutions of an
ideal and non-ideal solutions.

5.1 Liquid state: physical properties of liquid,


5.2 Vapor pressure, surface tension, surfactants, viscosity, molar refraction, optical activity
5.3 Solutions: Different methods for expressing concentration of solution molarity, normality.
Practice of numerical
5.4 Solutions: Different methods for expressing concentration of solution molality, mole
fraction, percentage (by volume and mass both). Practice of numerical

5.5 Vapor pressure of solutions and Roult’s Law, Ideal and non-ideal solutions, vapor
pressure, composition plots for ideal and non-ideal solutions

Course takeaways :
After going through this module students will be able to:
 explain the properties of liquids in terms of their structure (molecular arrangement
and intermolecular forces);
 differentiate between evaporation and boiling;
 define vapour pressure of a liquid and correlate it with its boiling point;
 define surface tension, surfactants, viscosity, molar refraction, optical activity;
 convert one concentration unit to other unit;
 differentiate between ideal and non-ideal solutions

Number of hours : 14
Module – VI: Acids and bases

This module will discuss the concepts of acids and bases according to different theories and
factors affecting the strength of acids and bases

6.1 Arrhenius theory for acids and bases


6.2 Brönsted-Lowry theory for acids and bases
6.3 Lux Flood and solvent system concept of acids and bases
6.4 Lewis acid base concept of acids and bases
6.6 Factors affecting the strength of acids and bases

Course takeaways:

After going through this module students will be able to:


 describe the different theories for acids and bases;
 determine whether a given chemical substance is an acid or base;
 write the molecular, total ionic and net ionic equations for an acid-base reaction;
 determine whether a given chemical substance is an Bronsted acid or Bronsted base;

64
 determine whether a given chemical substance is an Lewis acid or Lewis base;
 identify conjugate acid-base pairs;
 mention the different factors that affect the strength of acids and bases

Number of hours : 8

CASE REFERENCE
BOOKS
Physical chemistry

1. Principles of Physical Chemistry- B.R.Puri, L.R Sharma, M.S. Pathania; 42nd


Edition, Vishal Publishing Co.
2. Physical Chemistry: P. C. Rakshit, 7th Edition
Organic chemistry

1. A Textbook of Organic Chemistry, by Bahl Arun and Bahl B.S.


2. Principles of Physical Chemistry- B.R.Puri, L.R Sharma, M.S. Pathania; 42nd
Edition, Vishal Publishing Co.
Inorganic chemistry

Advanced Inorganic Chemistry Vol.I and II, G D Tuli, S K Basu, Satya Prakash & R D
Madan
ARTICLES:
1. A Textbook of Physical Chemistry, Thermodynamics and Chemical Equilibrium (SI Units)
- Vol. 2 | 6th Edition; K. L. Kapoor

2. A Textbook of Physical Chemistry - Dynamics of Chemical Reactions, Statistical


Thermodynamics, Macromolecules and Irreversible Processes| Volume 5 , 4th Edition; K. L.
Kapoor

3. Organic Chemistry- R. T. Morrison and R. N. Boyd, Pretice –Hall of India (P) Ltd., New
Delhi.

4. Inorganic Chemistry: Principles of Structure and Reactivity, 4th Edition. James E. Huheey,
Elle A. Keiter, et al.

Module Skill Component


Module 1: Atomic structure and periodic This module will allow students to develop
properties problem‐solving skill to write out proper
electronic configuration of any atom in the
orbitals and how the shape of the periodic
table reflects the electronic arrangements of
elements and how to use the periodic table is

65
the single most important skill they can
acquire to understand the incredible chemical
diversity of the elements.

Module 2: Chemical bonding By the end of this module students will be able
to identify periodic table trends, draw Lewis
structures, and use molecular orbital theory to
explain why it takes extremely high
temperatures to break the nitrogen-nitrogen
bond of di-nitrogen. They should be able to
use VSEPR theory to explain why the
greenhouse gas carbon dioxide is linear,
identify which organic molecule is likely to
have a tetrahedral center, and explain to their
parents or relatives, which vitamins are polar
and thus safe to take in higher doses.

Module 3: Thermodynamics Students will be able to determine the energy


changes involved in a chemical
reaction/process? Will it occur or not? What
drives a chemical reaction/process? To what
extent do the chemical reactions proceed?
Students can apply the problem-solving
methodology to solve real life problems.

Module 4: Chemical Kinetics This module will allow students to develop


understand the factors that affect the rate of
chemical reactions and to determine the rate of
reaction given time and concentration. He will
be able to determine the rate law and rate
constant for a reaction from a series of
experiments given the measured rates for
various concentrations of reactants. Students
will gain ability to explain how the activation
energy affects a rate and be able to use the
Arrhenius Equation.
Students will be able to express concentration
Module 5: Liquid State and Solution of solution in different units and to state and
explain Henry’s law and Raoult’s law. The
knowledge will help to distinguish between an
ideal and non-ideal solution and to explain
deviations of real solutions from Raoult’s law.
Module 6: Acids and bases This module will allow students to recognize
acid and base according to different concepts

66
of acid and base. Using these concepts student
will be able to complete the reaction between
Bronsted-Lowry / Lewis / Lux-Flood acid and
base, and recognize the relationship between
acid and conjugate base, and base and
conjugate acid. They will be able to predict the
order of acidity and basicity using
electronegativity and resonance.
Resource Persons
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Nos. Name: Affiliation Contact Details

1 Dr Shrijit Assistant Professor Email:


Biswas (UGC-MHRD) srijit_biswas@yahoo.co.in
University of Calcutta,
Kolkata, India, 700073,
West Bengal

2 Dr. Associate Professor E-mail: sahooh@nitrkl.ac.in


Harekrushna
Sahoo Department of Chemistry,
National Institute of
Technology Rourkela,
Sundargarh, Odisha, India
- 769008

3 Dr. Sujit Application Scientist E-mail: dora@nanosurf.com


Kumar Dora
Nanosurf India,
Hyderabad, Telangana,
India

4 Dr. Priyabrat Associate Professor E-mail: dashp@nitrkl.ac.in


Dash Department of Chemistry,
National Institute of
Technology Rourkela,
Sundargarh, Odisha, India
- 769008

67
2ND SEMESTER
SPRING SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1012: SPECIAL CONTRACT
(Semester 02/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The course on special contracts should initiate the students to different kinds of contracts with
emphasis on the intricacies therein. The course will provide an insight into the justification
for special statutory provisions for certain kinds of contracts.

LEARNING OBJECTIVES:

1. To impart the understanding of certain special areas coming under the Law of Contract –
its sources and its development,
2. To introduce students to the functional understanding and learn the basic concepts of
contract of Agency & Partnership, Bailment, and Indemnity & Guarantee, Sale of Goods.
3. To learn the limits of the freedom of the parties within the prescriptions of law in relation
to the special forms of contract and consequently better appreciate the impact on the
classical theory of freedom of contract.
4. To appreciate the relationship of general principles with the special contracts
5. To understand the growing importance of special contracts and to have a foundational
understanding of the new forms special contracts.
6. To emphasize on the drafting skills of the students.

TEACHING LEARNING METHODOLOGY :

This course will be taught by a combination of:


 Lecture Method
 Case study method (Anatomical and Physiological)
 Group Discussion

MODULE – I: Contract of Indemnity and Contract of Guarantee


Introduction: A contract of indemnity is one of the most important forms of commercial
contracts.Several industries, such as the insurance industry, rely on these contracts. This module
will help the students to understand the basics of Contract of Indemnity by comparing English
and Indian Laws.

1.1Definition, Meaning & Nature


1.2 Distinction between English and Indian Law
1.3 Rights of Indemnity Holder & Indemnifier
1.4 Contract of Insurance as Contract of Indemnity
1.5 Distinguished between indemnity and Guarantee

68
Course Takeaway : The module will help in understanding the concept of contract of
indemnity, right of indemnity-holder, and commencement of indemnifier's liability.It will
also provide understanding on contract of guarantee and the various aspects associated with
it.
Number of hours : 12hrs

MODULE – II: BAILMENT

Introduction:There are many cases of bailment in our day to day life. Bailment stands at the
point at which contract, tort, and property law converge, representing a contractual
conveyance of personal property that is enforceable. Although bailment draws from other
areas of the law, it retains a separate legal personality whose independent character has yet to
be fully explored.The module is designed to give a clear understanding of the pratical usage
of contract of bailment and the rights and liabilities of a bailor and bailee.

2.1 Definition & Essential features


2.2 Rights and Duties of Bailor and Bailee towards each other
2.3 Comparison between Indian & English Law
2.4 Rights and Duties of Finder of Goods

Course takeaway : The module shall provide a clear understanding of contract of bailment
and describe various kinds of bailments and also describe the rights and duties of finder of
goods.
Number of hours : 12 hrs

MODULE – III: PLEDGE

Introduction:Contract of pledge a special kind of contract which is of great importance


especially in economic transactions. Pledge has been regarded in both India and common law
of England as a type of bailment for both involves delivery and possession of goods. In spite
of being similar there are differences and Contract of pledge is distinct in itself.

3.1 Introduction, Subject Matter and Essentials


3.2 Distinction: Hypothecation, Bailment, Lien and Mortgage
3.3 Termination of Pledge
3.4 Rights of Pledgor/Pawnor and Pledgee/Pawnee

Course takeaway: The module shall provide an understanding on the concept of pledge. It
shall also discuss on how pledge is different from other forms of contract and how a pledge
can be terminated and the rights of Pawnor and Pawnee.

Number of hours : 12 hrs

69
MODULE – IV: SALE OF GOODS ACT, 1930

Introduction:A contract of sale of goods results, like any other contract, by an offer by one
party and its acceptance by the other. The parties to the contract enjoy unfettered discretion
to agree to any terms they like relating to delivery and payment of price,etc. the sale of goods
act does not seek to fetter this discretion. It simply lays down certain positive rules of general
application for those cases where the parties have failed to contemplate expressly for
contingencies which may interrupt the smooth performance of a contract of sale, such as
thedestruction of the thing sold, before it is delivered or the insolvency of the buyer, etc.

4.1Concept of sale as a contract and how it is distinguished from other Transactions(Section


1-10 of The Sale of Goods Act, 1930)
4.2Conditions and Warranties (Section 11-17 of Sales of Goods Act, 1930)
4.3 Passing of Property (Section 18-26 of Sales of Goods Act, 1930)
4.4 Transfer of Title Nemo Dat Quod Non Habet (Section 27-30 of Sales of Goods Act,1930)

4.5Performance of Contract (Section 34 - 44 of Sales of Goods Act, 1930)

4.6 Unpaid Sellers Right and Breach of Contract (Section 45-61 of Sales of Goods Act, 1930)

Course takeaway : The module will help students to understand the Sales of Goods Act,
1930. It will also provide them an understanding on the usage of the act in our day to day life.
Students with understand the technicalities and intricacies of contract related to movable
property in this module.

Number of hours : 12 hrs

MODULE – V: AGENCY

Introduction:The law of agency pertains to those multi-party transactions where the agent
acts for or on the behalf of a principalin various relationships with third parties. The
recognition of the multi-party nature of the relationship is crucial if one is to appreciate the
rights, duties, and liabilities created in these transactions.Every agency transaction includes at
least three different sets of rights and duties.

5.1Definitions and Essentials


5.2Creation of Agency
5.3Kinds of Agents
5.4 Agents authority

5.5 Rights and Duties of Agent

5.6Termination of Agency

Course takeaway : In this module students will be acquainted with the relationship of a
principal and agent, the creation of agency and what are different types of agent. The module

70
will also provide them with better understanding of agents authority, his rights and liabilities
and the ways in which the agency can be terminated.

Number of hours : 12 hrs

MODULE – VI: THE PARTNERSHIP ACT, 1932

Introduction:Partnership typically provides direct participation in the success and profits of


the business, involvement (to one extentor another) in the running of the firm, and favourable
tax treatment.It also brings fiduciary duties and potential liability, depending on the type of
partnership structure.Partners also have fewer statutory rights than employees and are more
likely to be bound by restrictive covenants.

6.1 Nature of Partnership: Definition and Essential Elements of Partnership (Section 2,4,6,7
and 8 of The Partnership Act, 1932)
6.2 Relation of Partner to one another (Section 9-17 of The Partnership Act, 1932)
6.3 Relation of Partner to third parties (Section 18-30 of The Partnership Act, 1932)
6.4 Incoming and Outgoing Partners (Section 31-38 of The Partnership Act, 1932)

6.5 Dissolution of Partnership (Section 39-55 of The Partnership Act, 1932)

6.6 Registration of Partnership (Section 56- 68 of The Partnership Act, 1932)


Course takeaway: The module will help in understanding functional understanding the
basic concepts of Partnership, how they are related to each other and third parties. This
module will help students understand the ways in which partnership is dissolved and
registered.

Number of hours : 12 hrs


CASE REFERENCES:

1. Gajanan Moreshwar vs. Moreshwar Madan, (1942) 44 Bom LR 703


2. Punjab National Bank Limited vs. Bikram Cotton Mills, 1970 SCR (2)
3. Adamson vs. Jarvis [1827] 4 BINGHAM 66
4. Chiranjilal vs. Naraini, (1919)41 All. 395
5. Union Bank of India vs. Avinash P. Bonsle, (1991) M.L.J. 1004
6. Bank of Bihar vs. Damodar Prasad, 1969 SCR (I) 620
7. State Bank of India vs. Indexport Registered, (1992) SCR (2) 1031
8. Anumati vs. Punjab National Bank, AIR 2005 SC 29
9. Om Shankar Biyani vs. Board of Trustees, Port of Calcutta, AIR 2002 SC 1217
10. R.D. Saxena vs. Balaram Prasad Sharma, AIR 2000 SC 2912
BOOKS

 Mulla, Indian Contract Act and Specific Relief Act, Lexis Nexis 13th Ed., 2006.
 Mulla: The Sale of Goods Act & The Indian Partnership Act, 10th Edition 2012, Lexis
Nexis Butterworths Wadhwa.

71
 T R Desai: The Indian Contract Act & The Sale of Goods Act, 20th Edition, 2009, Lexis
Nexis Butterworths Wadhwa.
ARTICLES
1. Gratuitous Bailment: Contract or Tort?, N. E. Palmer, The International and Comparative
Law Quarterly, Vol. 24, No. 3 (Jul., 1975), pp. 565-572
2. Agency Law and Contract Formation, Eric Rasmusen, American Law and Economics
Review, Vol. 6, No. 2 (Fall 2004), pp. 369-409
3. English Contract Problems in Indian Code and Case Law, R. N. Gooderson, The Cambridge
Law Journal, Vol. 16, No. 1 (Apr., 1958), pp. 67-84
4. Indemnities And The Indian Contract Act 1872, Wayne Courtney, National Law School Of
India Review, Vol. 27, No. 1 (2015), Pp. 66-88
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. 1. J.P.Singhal," Law of Partnership", 7th Edition, 2019, Universal Law Publishers.


2. Pollock & Mulla: The Sale of Goods Act, 8th Edition, 2011, Lexis Nexis Butterworths
Wadhwa.
3. Chitty, Contracts, Vol. 1, 29th Ed., Sweet &Maxwell, 2004.
4. Atiyah’s Introduction to the Law of Contract, Stephen A. Smith, Oxford University
Press, 6th Ed., 2007.
5. Sir G.H. Treitel, The Law of Contract, 12th Ed., London: Sweet & Maxwell, 2007.
Beatson, Sir Jack, et al. Anson's Law of Contract, 29th ed. Oxford: Oxford University Press,
2010

6. Nair, Krishnan. Law of Contract. Orient, 1999


7. P. C Markanda on The Law of Partnership, LexisNexis, 2010
8. Parthasarathy M. S. (ed.), Benjamin’s Sale of Goods, Sweet & Maxwell, 1992
9. Singh and Gupta, Verma J. P. (ed.). The Law of Partnership in India. New Delhi: Orient
Law House, 1999
10. Saharay, H. K. Indian Partnership and Sale of Goods Act. New Delhi: Universal
Publishing Co., 2000
SKILL COMPONENTS

Module Skill Component

Module 1: Contract of Indemnity, Drafting of Indemnity Agreements


Contract of Guarantee & Contract of Bank Guarantee
Indemnity To understand the use of USING WARRANTIES,
REPRESENTATIONS, COVENANTS,
INDEMNITIES AND GUARANTEES IN
CONTRACTS
Module 2: Bailment Identification of bailment contracts in daily life
Bailment Agreement
Module 3 Pledge Loan Pledge Agreement
Module 4 Draft of Hire Purchase Agreement, Sale Agreement
Sale of Goods Act 1932
Module 5: Agency Draft agency agreement

72
Module 6 Drafting Partnership Agreement
The Partnership Act 1932

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS


Serial National Resource Persons
No

1 Dr Sairam Bhat
Professor
NLSIU
Email : bhatsairam@nls.ac.in
2 Dr V. Shyam Kishore
Professor
Principal, Ramaiah College of Law
Email :vshyamkishore@gmail.com
3 Mr Abhishek Nath Tripathi
Founder & Partner of Sarthak Advocates & Solicitors
Email: abhishek.tripathi@sarthaklaw.com

Serial International Resource Person


No

1 Dara E. Purvis
Professor of Law
Penn State Law
Email:dpurvis@psu.edu
2 Professor Roger Halson
Professor of Contract and Commercial Law
University of Leeds
Email:D.R.Halson@leeds.ac.uk

73
2NDSEMESTER
SPRING SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1016: HISTORY OF CONSTITUTIONAL AND POLITICAL DEVELOPMENT
IN INDIA (Semester 02/Paper-02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description: The course is aimed to acquaint and famialiarise the students with
the historical events that culminated into the creation of the grund norm. The course
intends to give the students, a fine grasp over the basics of constitutional and political
history of India and also to have knowledge of the political and constitutional
development in India.

Learning Objectives:

1. The learning objective is to concentratee on the study of certain aspects and


development of the Indian constitution.

2. It will broadly cover the over view of English Common Law and Development of
Common law in India.

3. Itwill acquaint the students with the ideas of legislature, judiciary and executive in
pre-independent time period.

4. It will also discuss the concepts of federalism, panchayat raj and other institutions,
which are a part of constitutional governance.

5. It will also discuss the present concepts of governance and purported legislations
including the CAA & NRC, and will also discuss other imperative legal issues.

Teaching Learning Methodology

Theteachingmethodologythatshallbeadoptedforthispaperwillbeacombinationoflecture
method, debates, discussions and research. The teachers hall introduce the topic in the
class and after that the students shall be encouraged to research and analyse the issues
relating to the subject and present their finding in the class. This shall be followed by
discussions.

MODULE 1:Development of Common Law In India

Introduction: This module will introduce students to the early developments of Common
law both in England and in India, and look into other allied perspectives.

1.1. Development of Common Law in England and its reflection in India.


1.2. The development of Common law in India during modern period in the regions of
Bombay, Madras and Calcutta (British period and post dependant period).

74
1.3. Influence of the British Public Law principles on the development of Indian Public
Law.
1.4. Influence of Private Law principles developed in Common Law on the Indian Legal
system.
1.5. Influence of ancient Hindu Law and Muslim Law on the development of Indian Law.
1.6. Evolution of political parties in India.

Course Takeaway- The student will be able to familiarize themselves with the various facets
of Common law, and how the system has evolved over centuries.

Number of hours- 12

MODULE 2:DEVELOPMENT OF LEGISLATURES


This module seeks to explain the development of parliamentary system, both in England and
in India, including the concept of parliamentary privileges and will also cover about the
developments which took place subsequent to the enactment of Indian Constitution.

2.1. Development and Functions of the British Parliament


2.2 Parliamentary procedures and Privileges
2.3 Parliament Act of 1911 as modified in 1948
2.4 Introduction and development of cabinet government- Parliamentary system in India
2.5 Developments from 1861-1950
2.6 Post Constitutional developments

Course Takeaway- The student will be able to understand the legal nuances of the British
parliament and the parliamentary system in India.
Number of hours- 12
MODULE 3:DEVELOPMENT OF JUDICIARY

Introduction: This module seeks to explain the development of judiciary, both in England
and in India, including the concept of appointment of judges.

3.1. Development of Common Law courts from Curia regis


3.2. Role of the Lord Chancellor and the development of the equity
3.3 Appointment and the independence of the judges- Act of Settlement, 1701, The
Constitutional Reforms Act of 2005 in UK
3.4 Indian High Courts Act of 1861
3.5 Judiciary under the Government of India Act, 1935 and the Present Constitution
3.6 Attempts to appoint Judicial Appointment Commission and the Collegium system.
Course Takeaway- The student will be able to understand the legal nuances of judiciary in
India and England.
Number of hours- 12
MODULE 4:DEVELOPMEMT OF FEDERALISM

75
Introduction: This module will introduce students to the system of parliament sovereignty
and system of governance in both India and UK, while dealing with the recent developments
in India.

4.1 The Unitary system in England

4.2Parliamentary Sovereignty in England

4.3 Development of Federalism in India from 1861

4.4 Further Developments in 1919,1935


4.5 Indian Constitution and Federalism.
4.6 Recent trends of development of federalism in India.

Course Takeaway- The student will be able to understand the finer aspects of Federalism
and Unitary form of governance.

Number of hours- 12
MODULE 5: HISTORY OF LOCAL SELF GOVERNMENT AND
DECENTRALISATION

Introduction: This module aims to familiarize the students with the concept of local self
governance and grass root democracy.
5.1 Evolution of local self government- Lord Rippon reforms
5,2 Organisation of powers in Urban Local Self Government
5.3 Organisation of powers in Rural Local Self Government
5.4 Committees and commissions for local self government in India.
5.5 Development of local self government after 73rd and 74th amendment
5.6 Local self government post 2014

Course Takeaway- The student will be able to understand the system of local self-
government and the development of panchayat raj in India

Number of hours- 12
MODULE 6:PROTECTION OF THE HUMAN RIGHTS

Introduction: This module will introduce students to the concept of Constitutional law and
protection of Human rights.

6.1 England-Magna Carta 1215


6.2 Human Rights Act, 1998 ( United Kingdom)
6.3 India- Demand for Constitutional protection of Rights in the pre independence days
6.4 Protection of Fundamental Rights in the Constitution
6.5 Protection of Human Rights Act 1993
6.6 Present issues,- NRC, CAA & Abolition of Art. 370

76
Course Takeaway- The student will be able to have a comprehensive idea about the
protection of Human rights both in UK and in India, and highlight the current human rights
issues in the country.
Number of hours- 12
Text Books:
1. Kulshrestha V.D, Landmarks in Indian legal and Constitutional History, Eastern Book
Company
2. Singh. M.P, Outlines of Indian Legal & Constitutional History, Universal Law publishing
Co.
3. Shukla V.N, Constitution of India, Eastern Book Company
ADVANCE READING :
1. Thiruvengadam AK, The Constitution of India A textual Analysis, Bloomsbury
2. Palkhivala N, We the people
3. Constitutional History of England by Maitland
4. Constitutional History of England by Taswell Langmad
5. Indian Constitutional History by keith
6. Government of India Act, 1935 by C.L.Anand
7. History of Courts and Legislatures in India by Henry Cowell
8. Law governing Government of India by COURTNEY ILBERT
Skill Component

Module Skill Component


MODULE 4: Students will have to prepare a report after
DEVELOPMEMT OF FEDERALISM analyzing the merits and demerits of federalism
and unitary form of governments.

MODULE 5: Students will be have to prepare a brief write up


HISTORY OF LOCAL SELF after analyzing the evolution of panchayat raj in
GOVERNMENT AND India.
DECENTRALISATION
MODULE 6: Students will be given a hypothetical moot
problem based on ongoing human rights issues’
PROTECTION OF THE HUMAN and students will have to present their case
RIGHTS accordingly.

RESOURCE PERSONS (National)


S. No Resource Person
1. Adv. M. Kiran ( LLM- Penn state), Madras High Court
Email id: kiranm941@gmail.com

2. Mr. Prateek Mishra, Assistant professor, Kiit law school


Email id: prateek.mishra@kls.ac.in

77
2ND SEMESTER
SPRING SEMESTER
B.A L.LB (H)/B.B.A L.L.B. (H)/B.Sc. L.L.B (H)
LW 1112: ENGLISH-II (Semester 02/Paper-03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION

The English II program aims at honing the student’s language as well as analytical skills,
boosting confidence in using the English language in both professional as well as individual
settings. The instructors use a variety of curriculum materials to help the students develop
their pronunciation, listening, speaking, reading and writing skills. Topic and theme-based
lessons allow learners to acquire the appropriate English skill for the corresponding situation.
Classroom activities are designed for learning in small groups, pairs, and as a whole class
using a range of different practice activities. In addition to course books, lessons are
supplemented with a variety of materials which include practical sources from relevant
media.

LEARNING OBJECTIVES:

 To train students in habits of logical thinking and academic – legal writing.


 To encourage them to conceptualize law as an integral part of the literary and
cultural world.
 To fine tune their four skills as Listening, Speaking, Reading and Writing.
 Understand narratives of law and acquaint themselves with legal writing and
speaking.
 Understand a range of interdisciplinary study materials – novels, short – stories,
play, case judgments, newspaper reports and enable them to reflect on and write
about issues and themes fundamental to a liberal legal education – human nature,
rule of law, freedom, justice, obedience, detection, evidence etc.
 Fine tune their four skills like – Listening, speaking, reading and writing and making
them efficient in all the above mentioned skills.

TEACHING LEARNING METHODOLGY

This Course will be taught by a combination of:

 Lecture Session
 Discussions and briefings
 Presentations in the form of activities like writing activity, reading activity and
listening activity.
 Through audio visuals
 Videos

78
 Film Screening
 Case studies

MODULE – I: Humanism and Law


Introduction: This module aims at providing enough instances from Literary as well as
Legal Discourse to understand human situation as well as the various nuances of operation of
law.
1.1 The Scarlet Letter – Nathaniel Hawthorne
1.1.2 Introducing to the Novel

1.1.3. Chapter wise discussion.

1.2 Nanavati Case

COURSE TAKE AWAY: Students would be able to associate issues of social relevance
and properly analyze with the current socio-political context.

NUMBER OF HOURS : 10

Module –II :Literary Studies I

Introduction: This module aims at providing ample material in understanding the current
socio-political scenario through literary pieces like Play and Novels.

2.1 All my Sons – Arthur Miller


2.1.1 Introduction to the play
2.1.2.Further discussion
2.2 Silence! The Court is in Session – V. Tendulkar
2.2.1 Introduction to the play
2.2.2 Further discussion
2.3 Refund – Fritz Karinthy
2.3.1 Introduction and discussion
2.4 Disgraced - Ayad Akhtar
2.4.1- Discussion
COURSE TAKE AWAY: Students would be able to relate these literary pieces relating
relevant social issues like, the education system, Gender Issues, Ethics and Morality in
business, also the idea of racism, stereotyping and Islamophobia.
Number of Hours: 15
Module –III :Literary Studies II
Introduction: This module would facilitate reading and analysis of literary pieces in the
form of short story, poem etc.
3.1 After Twenty Years – O’ Henry
3.2 The Bet – Anton Chekhov
3.3 The Case for the Defence – Grahame Greene
3.4 Crossing the Bar – A. Tennyson

79
3.5 The Mending Wall - Robert Frost

COURSE TAKE AWAY: It would enable the students to contextualize the literary ideas
with that of socio-legal concepts: essence of human bond and relationship, friendship, Divine
Justice and so on.
Class Hours:10

MODULE – IV: Courtroom in Literature.

Introduction: This module provides scope for reading literary pieces in connection with
understanding various ideas with regard to the idea of Racism, the challenges during trial.

4.1 To kill a Mocking Bird – Harper Lee


4.1.1 Introduction to the Novel
4.1.2 Reading and discussion
4.2 Witness for Prosecution – Agatha Christie
4.2.1 Introduction to the text
4.2.2 Reading and Discussion
4.3 Scottsboro Boys Trial

COURSE TAKE AWAY: Students would be able to understand the intricacies of Racism as
well as legitimacy of any verdict.
No. of hours :15
MODULE – V: Professional Writing Skills and Grammar-II

Introduction: This module helps students in developing professional as well as academic


writing skills.

5.1 Newspaper Report


5.2 Note Making and comprehension
5.3 CV and Cover Letter
5.4 Grammar – Parallelism and Modifiers, Subject-Verb, Agreement, Tense and Tense
Consistency
5.5 Picture Interpretation – Writing a paragraph on a diagram / Chart / Graph
5.6 Recent legal national & international case studies

COURSE TAKE AWAY: Mostly the students would be benefitted in the area of
Professional/Academic writing.
Class taken: 10 hours
MODULE – VI: Soft Skills & Communication Skills

Introduction: This module would train the students in the area of soft skills which
usually complements the core skills for grabbing the proper opportunity in the field.

80
6.1 Job Interviews
6.2 G.D.
6.3 Netiquette
6.4 Presentation
6.5 Effective Intercultural Communication
6.6 Social Networks Friends or Foes ? Case Studies

COURSES TAKE AWAY: Students would be able to chisel their speaking as well as
writings skills in connection with the professional field.

CASE REFERENCES

Leading Cases/ Case Law Study: (to be discussed in class elaborately)

1. Nanavati Case

2. Scottsboro Boys Trial

3. https://www.law.berkeley.edu › files › Case-Studies

4. https://www.lawsenate.com/case-studies/

5. https://indiankanoon.org/doc/1596139/

6. http://gutenberg.net.au/ebooks14/1400151h.html

BOOKS

1. The Scarlet Letter – Nathaniel Hawthorne, Penguin classics – 2003.

2. All My Sons – Arthur Miller, Penguin classics – 2000.


3. Silence! The Court is in Session. V. Tendulkar, Oxford – 2011.
4. Refund – Fritz Karinthy
(https://www.Scribd.com/doc129127059/The-Refund-Fritz-Karinthy)
5. After Twenty Years – O’ Henry
(americanenglish.state.gov/files/ae/resource-file/after-twentyyears.pdf
6. The Bet – Anton Chekov
(www.sta.cathedral.org/lowerschool/form1/Eng`1JAVwww/Literature/the bet.pdf
7. The Case for the Defence – Grahame Greene

(https://timjulian.files.worldpress.com/2010/05/the-case-for-the-defence.pdf

8. The Best of Lord Alferd Tennyson: Featuring Lady of Shalott, the Charge of the
Light Brigade, Ulysses, in Memoriam A.H.H, the Kraken, Crossing the Bar, Sir
Galahad, Locksley Hall,Create Space Independent Publishing Platform – 2012.
9. The Mending Wall by Robert Frost (www.poets.org)

81
10. To Kill a Mocking Bird – Harper Lee, Arrow Books Ltd, 2010
11. Witness for the Prosecution – Agatha Christie
(www.uek12.org/Downloads/Witness-for-the-prosecution.pdf
12. Disgraced - Ayad Akhtar ((can be available on the web)

ARTICLES

1.Brilliant Communication Skills – Gill Hasson Pearson Education, 2012.


2.Effective Communication – John Adair, Pan Macmillan Ltd, 2003.
3. Beyond Culture – Edward Hall, Garden City, 1976.
4.Excellence in Business Communication, Bovee, Thill, Pearson, 2013.
5.How to Prepare for G.D. and Interview – H.M. Prasad, Tata Mc. Graw Hill Publication,
2001.
SKILL COMPONENTS
Module Skill Component
Module I Reading skills, Critical Analysis, text
interpretation, compare-contrast, curiosity.

Modue lII Reading skills, Critical Appreciation,


Discussion, Comprehension, text
interpretation, curiosity, compare-contrast.

Module III Reading, Literary and Critical Appreciation,


writing and Vocabulary Development,
persuasion, Lateral thinking

Module IV Reading, Critical Analysis, Discussion,


Compare-Contrast, Comprehension,
Brain-storming, Curiosity
Module V Reading and Professional writing Skills,
critical analysis, persuasion
Module VI Professional Speaking, Debating, writing,
critical analysis, Lateral Thinking

RESOURCE PERSONS
S. No National Resource Persons

1. Dr. Upamanyu Sengupta- Asst.Professor, MNLU.Mumbai.

2. Prof. Mukesh Srivastava-Professor-NLU-Bhopal


3. Prof. Sunita Mishra-
Professor & HeadCentre For English Language Studies,

82
School of Humanities
University of Hyderabad
sunitahcu@gmail.com
ph. 0986624763

S. No International Resource Person


1. Mian Md. Naushad Kabir-
Associate Professor, Dept of English Language
University of Dhaka
Email: naushaadkabir@du.ac.bd
Ph. +8801552349980

83
2ND SEMESTER
SPRING SEMESTER
B.A L.LB
LW 1114: CONTEMPORARY POLITICAL IDEOLOGIES AND IDEAS
(Semester 02/Paper-04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

To introduce the basic understanding of certain political ideologies and ideas, as practiced in
politics and political system. This course encourages students to familiar with different
contemporary political ideologies and ideas and how these political ideologies are practiced
by different political actors. This course also demonstrates how political ideas and ideologies
has significant impact on legal, social and political system.

LEARNING OBJECTIVES:

1. To impart the understanding of the concepts i.e. ideas and political ideologies and
introduce students some of the political ideologies like Liberalism, Marxism, Feminism,
Environmentalism, Terrorism and Fundamentalism in contemporary politics that are
having significant bearing on the legal frameworks in modern times.

2. To explain how the contemporary political ideologies and ideas influence and give
shape to recent legal issues and perspectives.

3. To demonstrate how an understanding of ideas and ideologies is crucial to an


understanding of the legal edifice of our societies.

4. To enable and encourage students to develop a critical understanding on the pressing


questions on contemporary political issues and challenges.

5. To understand the emerging political ideologies and its importance on society in


general and political system in particular.

6. To know the importance of this subject as it would lay down the foundation for
understanding of political ideologies in recent times.

TEACHING LEARNING METHODOLOGY:

The teaching method includes face-to-face teaching (lecture method), discussion method,
and followed flipped classroom model (during virtual mode of teaching), along with the
group discussion. It also consists of project assignment, quiz, and supplemented with
reading materials of different books, journal articles and different official documents.

84
MODULE – 1: Introduction to Political Ideas and Ideologies

Introduction: This module introduces the concept of ideas and political ideologies. It also
provides a clear and accessible introduction to the political creeds and doctrines that has
dominated and shaped the world politics. It gives an understanding the importance of political
ideologies and explores the linkages between law and ideologies.

1.1Political Ideas and Ideologies: An Introduction


1.2 Understanding the concept: Ideas, Ideologies and Power
1.3 Views and Significance of Political Ideas and Ideologies
1.4 Ideologies and Law: Exploring the linkages

Course takeaways: Understanding different political ideologies and political theories

Number of hours: 12 Hours

MODULE – 2: Fascism, Nazism and Nationalism

Introduction:This module introduces the political ideologies like Fascism and Nazism. It
gives an idea on two ideologies that dominated the world politics. It also gives an
understanding of Fascism and Nazism and reasons of both dominate ideologies could not
succeed for a long period of world history and finally collapsed over a period of time. The
2nd module also discusses the concept of nationalism and its importance in the contemporary
politics.

2.1Fascism - As a Political Ideology and Ideas of Benito Mussolini


2.2 Nazism - As a Political Ideology and Ideas of Adolf Hitler
2.3 Concept of Nationalism
2.4. Debates on Nationalism in the contemporary politics

Course takeaways: Theories on Nationalism

Number of hours: 12 Hours

MODULE – 3: Liberalism, Socialism, Communism and Maoism

Introduction:This module introduces the political ideologies like Liberalism, Socialism,


Communism and Maoism. It gives an idea of liberalism that focuses on the commitment of
the individual to the construction of the society whereas the socialist believes that a measure
of social equality is the essential guarantee of social stability and cohesion. Communism and
Maoism gives more emphasis on public ownership of profits and communal control of major
means of production and natural resources to establish an egalitarian form of society.

3.1Liberalism
3.2 Socialism
3.3 Communism
3.4 Maoism

85
Course takeaways: Understanding of Liberalism, Socialism, Communism and Maoism

No. of hours-12 hrs.

MODULE – 4: Feminism, Environmentalism and Gandhism

Introduction:This module introduces the political ideologies like Feminism,


Environmentalism and Gandhism. Feminism tries to bring equality between women and men
in a patriarchal form of society whereas Environmentalism focuses on environment and green
politics. Gandhism emphasizes on the peace and non-violence and decentralized form of
governance system in India.

4.1Feminism
4.2 Environmentalism
4.3 Gandhism
4.4 Understanding - different ideologies and and its impact on society.

Course takeaways: Theoretical aspects of Feminism and Environmentalism.

No. of Hours: 12 hrs.

MODULE– 5: Fundamentalism, Terrorism, Communalism, Secularism and


Multiculturalism

Introduction:This module introduces the political ideologies like Fundamentalism,


Terrorism, Communalism, Secularism and Multiculturalism. It gives different ides and view
points related major ideologies. All the above mentioned ideologies are emerging political
doctrines that has relevance in the contemporary society.

5.1 Fundamentalism
5.2 Terrorism
5.3 Communalism
5.4 Secularism
5.5 Multiculturalism

Course takeaways: Theoretical debates on Communalism, secularism and


Multiculturalism.

Nos. of hours: 12 hrs.

MODULE – 6: Issues and Debates on End of Ideology and End of History

Introduction:This module debates and discusses on end of ideology and the end of history in
the political discourse.

6.1Debates on “End of Ideology” and End of History”


6.2 Daniel Bell’s Ideas on End of Ideology

86
6.3 Francis Fukuyama’s Ideas on End of History
6.4 Political ideologies and today’s world.

Course takeaways: Understanding the reasons why it has been said that there is end of
ideology and also end of history.

No. of hours.12 hrs.

BOOKS

1. Heywood Andrew, “Political Ideologies: An Introduction”, Macmillan Publication, 6th


Edition, 2017.

2. Eatwell Roger and Anthony Wright, “Contemporary Political Ideologies”, Printer


Publishers, London, 1993.

3. Adams Ian, “Political Ideology Today”, Manchester University Press, 2001.

4. Rosenberg H. “Ideology and Politics”, Polity Press, 1998.

5. Sivarmakrishnan Arvind, “Introduction to Political Ideologies: Contexts, Ideas and


Practices”, Sage Text, 2017.

ARTICLES

1. Charles Blattberg, Political Philosophies and Political Ideologies, Public Affairs Quarterly,
Vol. 15, No. 3 (Jul., 2001), pp. 193-217.

2. Stephen Milder, Konrad H. Jarausch, Introduction: Renewing Democracy: The Rise of


Green Politics in West Germany, German Politics & Society, Vol. 33, No. 4 (117), Special
Issue: Green Politics in Germany (Winter 2015), pp. 3-24.

3. Nakul Kundra, Understanding Nation and Nationalism, Interdisciplinary Literary Studies,


Vol. 21, No. 2 (2019), pp. 125-149.

4. Rohan Gunaratna, Strategic Counter-Terrorism: A Game Changer in Fighting Terrorism?,


Counter Terrorist Trends and Analyses, Vol. 9, No. 6 (June 2017), pp. 1-5.

5. K.P. Mishra, Fukuyama'S End of History : Triumph of The Liberal State, The Indian
Journal of Political Science, Vol. 68, No. 3 (JULY - SEPT., 2007), pp. 465-474

87
RESOURCE PERSONS:

Sl. No. International Resource Person

1 Prof. Jeffrey Haynes


Emeritus Professor of Politics
London Metropolitan University
United Kingdom
e-Mail: tsjhayn1@londonmet.ac.uk
2 Dr. Mahvish Ahmad
Assistant Professor
Human Rights and Politics
London School of Economics, UK
e-Mail: m.ahmad14@lac.ac.in
Sl. No. National Resource Person

1 Bishu Choudhury, Retd. Professor

2 Prof. Ananta Giri


Madras Institute of Development Studies
Chennai
e-Mail: aumkrishna@gmail.com
3 Prof. Manjari Katju
Department of Political Science
University of Hyderabad
e-Mail:mkatju@uohyd.ac.in
4 Prof. Arun Kumar Patnaik
Dean, School of Social Sciences
Department of Political Science
University of Hyderabad
e-Mail:akpss@uohyd.ac.in
5 Dr. Tapan Kumar Bihari
Assistant Professor
Centre for Political Studies
School Social Sciences
Jawaharlal Nehru University
e-Mail:tapanbihari@mail.jnu.ac.in

88
2ND SEMESTER
SPRING SEMESTER
B.A L.LB
LW 1116: Contemporary Sociological Issues
(Semester 02/Paper-05)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The object of the present course is to make the students aware about the recent issues which
are much in vogue and has aroused immense sociological research and analysis.
LEARNING OBJECTIVES:

1. Develop a comprehensive yet encompassing knowledge about the problems


which are sociologically relevant and important.

2. The present course makes students aware about the uniqueness of the Indian
society by identifying social problems from the point of view of a social
scientist to help them develop an outlook to look at the problems in a
dispassionate way.

TEACHING LEARNING METHODOLOGY:


The paper will be explored through Group Discussion on topics related to the course,
class lectures and arousing interest in the empirical content of the course through small
sample survey.

Module – I: Uniqueness Of Indian Society

Introduction:The module attempts to appraise the uniqueness of the Indian society, thereby
making an attempt to trace the devlopment of sociology in India.

1.1 Sources of Divergence and Convergence in Indian Society


1.2 Factors Affecting the continuity and change of the Indian Society
1.3 Development of Sociology in India
1.4 Contemporary sociological research on social problems in India
1. COURSE TAKEAWAY:Develop a comprehensive yet encompassing knowledge about
the problems which are sociologically relevant and important.
NUMBER OF HOURS : 12

2. Module II: Caste System In India


Introduction:The caste sytem is unique to Indian society. Students of social sciences must
have an understanding of the complexity of the caste system to understand the Indian society.

2.1.Conceptualizing Varna and Jati , Merits and Demerits of the caste system
2.2.Dominant Caste , Jajmani System, Sanskritization
2.3.Concept of Purity and Pollution

89
2.4.Caste and Politics in India
COURSE TAKEAWAY: The understanding of Indian caste system both in the historical
and modern perspective.

NUMBER OF HOURS- 12 hrs

3. Module III: Tribes In India


Introduction:Tribes form an integral form of Indian society. They are the preserver of
indigenous culture, natural habitat and traditional economic patterns.
3.1.Definition of tribe
3.2.Characteristics of different tribes in India with special reference to the institutions of
marriage, religion, politics and economy.
3.3.Tribal problems in India
3.4.Constitutional Safeguards for Tribals in India
COURSE TAKEAWAY:Know-how about tribes in India and the diversity in the ethnic
practices

NUMBER OF HOURS- 12 hrs

4. Module IV: Gender And Society


Introduction:Society identifies gender as an important aspect of an individuals identity. In
this regard it causes disparity, inequality and exploitation.
4.1.Definition of gender
4.2.Causes of gender discrimination in India
4.3.Domestic Violence : Typologies
4.4.Sexual Harassment at workplace
COURSE TAKEAWAY:Exploring dimensions of gender based violence.

NUMBER OF HOURS- 12 hrs

5. Module V: Social Movements In India


Introduction:Social movements are instrumental in bringing forth social change. The new
social movements are addressing diverse issues to foster sustainable societies.
5.1.Social Movements and Social Change
5.2.Dalit Movements, Backward Caste/Class Movements, Tribal Movements
5.3.Environmental Movements
5.4.Students Movements

COURSE TAKEAWAY:Appraisal of the social movements and an understanding of their


mission and impact.
NUMBER OF HOURS- 12 hrs
6. Module VI: Social Problems
Introduction:Social problems necessitates a call for policies and initiatives to resolve them.
Problems in the society are issues of concern and their variety makes it essential for
introspection and empathy.

90
6.1.War and Terrorism
6.2.Age and Aging
6.3.Illiteracy
6.4.Communalism and Secularism

COURSE TAKEAWAY: Awareness about social problems that are of concern and
developing aptitude for suggesting policy making and community initiatives.

NUMBER OF HOURS- 12 hrs

BOOKS

1. C.N.Shankar Rao: Sociology of Indian Society


2. S.C.Dube: Indian Society
3. M.N.Srinivas: Social Change in India
4. Ram Ahuja: Society in India
5. Ram Ahuja: Indian Social System
6. Ram Ahuja: Social Problems in India
7. G.Shah: Social Movements in India
8. A.L.Guerrero: Social Problems: Community, Policy and Social Actions

9. B.K.Nagla: Indian Sociological Thought

Aadvanced Reading:

 S.M.Michael: Dalits in Modern India: Visions and values 2nd edition


 D.G.Mandelbaum: Society in India
 A. Giddens: Sociology, 5th Edition
 R.Bhargava: Secularism and its Critics
 T.N.Madan: Modern Myths and Locked Minds

RESOURCE PERSONS

S. No International Resource Person

1. Prof. Jose Vicente Tavares,


Professor of Sociology at Universidade Federal de Rio Grande do Sul, Brazil.
Email:josevtavares@gmail.com

2. Claudia Tazreiter, University of New South Wales, Australia


Email: c.tazreiter@unsw.edu.au

91
S.No National resource Person

1. .Dr.Suchismita Ray Paul,


Head, Dept of Sociology,
Jogamaya Devi College, Kolkata
Email:srypauls25@gmail.com

2. Dr. Dibyendu Ganguli,


Head, Dept of Sociology,
Bijoy Krishna Girls College, Howrah,
Email.: rudra_18@yahoo.com

3. Ms. Ruchira Goswami,


Assistant Professor in Sociology, WB NUJS,
Email: ruchira.goswami@gmail.com

4. .Dr.Maria Sasitha,
Dept of Sociology, Stella Maris College, Chennai.
Email: jsasitha@gmail.com

92
2ND SEMESTER
SPRING SEMESTER
B.A L.LB
LW 1118: Macro Economics
(Semester 02/Paper-06)
Credits: Total Class Hours: 72 (including tutorials & proctors)

Course Description
The study of Macroeconomics provides the fundamental principles and practices which
basically followed by the government to form plan and policies. Most importantly the recent
time is witnessing a revolutionary change in the formulation of policies and as well as laws
in the system.A proper understanding of the concepts and theories of macroeconomics can
provide the students with a rational and reliable framework to understand the commonly used
terms like inflation, stagflation, budgetary deficit, deficit financing, etc

Learning Objectives

1. The object of the course is to gain the ability of using accounting information as a
tool in applying solutions for managerial problems, development of the accounting
skills, evaluating the financial performance, and interpreting the financial structure
and applications in different kinds of business.
2. To acquire the ability to apply specific Accounting Standards, Guidance Notes and
Legislations to different transactions and events and in preparation and presentation
of financial statements of business entities.
3. To have the ability to identify and analyze financial accounting problems, and
opportunities in real life situations.
4. To provide different dimensions and methods of computation of accounting for
branch accounting, departmental accounting, NPO’s, hire purchase, installation
purchase and royalty accounts.
5. To study various dimensions of partnership business and its issues associated with
corporate law.
6. To explore different strategic considerations of company accounts and its challenges.

Teaching Learning Methodology

This course will be taught by a combination of case study, problem solving, class discussion,
reading materials and assignments through online and offline mode.

MODULE-I: Branch and Departmental Accounts

Introduction:The objective of this module is to discuss the various concept and conventions
of advance accounting principles along with preparation of branch and departmental
accounting.

1.1 Overview of Advance Accounting Principles and AS Branch & Departmental


accounting.

93
1.2 Why Branch & Departmental Accounting. Nature & scope of Branch & Departmental
Accounting.
1.3 Types of Branches: Dependant & Independent Branches. Branch keeping full system
of accounting and not keeping full system of accounting.
1.4 Practical problems relating to debtor system, invoice price method, stock and debtor
system-goods charged to branch at cost price and goods charged to branch at selling
price. Foreign branch & its accounting principles & type.
1.5 Departmental accounting practices. Methods of departmental accounting-
departmental accounts where separate sets of books are maintained for each
department and accounting methods where accounts of all departments are
maintained together in a columnar books.
1.6 Treatment of departmental expenses and allocation and apportionment of
departmental expenses.
Theory: Advance Accounting Principles, AS, Branch Account, Departmental Account &
Foreign Branch and its types.

Skill components: Preparation of Branch Account- Inland-Dependant & Independent


Branch & Foreign Branch and Departmental Accounting.

Course Takeaways:After studying the above module students understood the various
accounting principles of AAP and AS along with branch and departmental accounting
practices and its methodologies.

No. of Hours: 12 hrs

MODULE-II:Hire Purchase & Instalment Purchase


Introduction:The objective of this module is to give brief description on how hire-purchase
business and installment business operates in India and AS mentioned thereafter.

2.1.Introduction and features of hire purchase system.


2.2.How Hire Purchase system work & types of HP.
2.3.Methods of HP. Accounting records for goods of considerable value-treating goods
not becoming the property of the hirer.
2.4.Credit purchase with interest method-entries in the books of the vendor-entries in the
books of the hire purchaser. Default and repossession.
2.5.When the vendor takes back the complete repossession of asset and when the vendor
takes repossession of only part of the total assets sold to the hire purchaser.
2.6.Instalment system-features-distinction between hire purchase and instalment system-
accounting entries in the books of the buyer and the vendor
Theory: Hire purchase &Installment purchase system, legal provisions and its differences.

Skill Components: Preparation of Hire purchase and installment purchase system


accounting and maintaining accounts in the books of hire vendor and hire purchaser.

Course Takeaways:Through this module students got brief idea on how hire-purchase and
installment purchase accounting practices and legal provisions in India.

No. of Hours: 10 hrs

94
MODULE-III:Accounting for Non-Profit Organization

Introduction:The objective of this module is to give brief idea on How nonprofit


organization operates in India and its accounting practices.

3.1.Meaning of profitable and non–profitable organization, distinction between


profitable and non-profitable organization,
3.2.Why NPO accounts and AS Associated with it.
3.3.Methods of NPO. Preparation of receipts and payments accounts.
3.4.Preparation of income and expenditure account.
3.5.Distinction between income and expenditure account and receipt and payment
account.
3.6.Preparation of balance sheet.
Theory: Concepts and legal provision of NPO. Accounting principles of precept & payment
accounts, income & expenditure accounts and capital fund for preparation of Balance Sheet.
Skill Components: Accounting treatment and preparation of receipt and payment account,
income & expenditure accounts and B/S.

Course Takeaways:After studying the above unit’s students understand how nonprofit
organizations works in India and its legal and accounting methodology.

No. of Hours: 10 hrs

MODULE-IV:Royalty Account
Introduction:This module highlights the various types of royalty and its accounting
practices in India.
4.1.Royalty Accounts & AS.
4.2.Nature, type & scope of Royalty Account.
4.3.Method to compute Royalty.
4.4.Minimum Rent, Short-working & Equipment of Short working
4.5.Accounting Treatment in the Books of Lessor & Lessee
4.6.Sub-Lease & Sub Royalty.
Theory: Royalty accounts & its AS. Minimum Rent, Short-working, recoupment of short
working. Accounting principles of sub-lease.

Skill Components: Computation of short-working and its equipment. Accounting practices


in the books of lessee and land lord and preparation of different ledger accounts.

Course Takeaways:After studying the above unit’s students understand the various practical
aspects of royalty accounts, its accounting practices and computation through memorandum
of royalty statement.

No. of Hours: 12 hrs

95
MODULE-V:Dissolution of Partnership & Firm

Introduction:The module discusses various provisions of partnership act 1932 in the context
of dissolution of partnership firm along with its accounting practices in India.

5.1.Dissolution of partnership & Firm, deed & its features.


5.2.Conditions of Dissolution & AS
5.3.Settlement of Accounts under Dissolution & Entries of Dissolution
5.4.Dissolution of partnership-settlement of accounts on dissolution-preparation of
realization account, partner’s capital & bank accounts-insolvency of a partner-
settlement of accounts.
5.5.Garner vs Murray case law & its practices.
5.6.Treatment of accounts when all partners or any one partner is insolvent.
Theory: Partnership deed and provision on dissolution and its AS.

Skill Components: Preparation of dissolution of partnership accounts and application of


Garner vs Murray case law in dissolution of partnership business.

Course Takeaways:After studying the above module the students understand the various
accounting practices of dissolution of partnership business along with various provisions of
Garner vs Murray case law.

No. of Hours: 12 hrs

MODULE-VI:Amalgamation, Absorption & External Reconstruction


Introduction:The module focus on various accounting aspects of corporate restructuring
strategies and its AS in India.
6.1 Amalgamation, Absorption & External Reconstruction: An Overview
6.2 Amalgamation and absorption-difference between amalgamation and absorption.
Internal Reconstruction vs External Reconstruction.
6.3 Entries in the books of vendor/selling companies and entries in the books of the
purchasing company-purchase consideration.
6.4 Cases of Purchase consideration & AS-14
6.5 Reconstruction of companies –external and internal reconstruction-alteration and
capital reduction. Cases of Reconstruction of companies.
6.6 Scheme of capital reduction.
Theory: Concepts and conventions of amalgamation, absorption & external reconstruction.

Skill Components: Preparation of statement of purchase consideration and its methods.


Accounting entries in the books of Purchase Company and selling company. And
Preparation of accounts.

Course Takeaways:After studying the above module the students understand the various
practical aspects corporate restricting accounting strategies and AS14 provisions.

No. of Hours: 12 hrs

96
BOOKS

1. Advanced Accountancy- Jain & Narang, Kalyani Publication, New Delhi


2. Advanced Accounting – R.L. Gupta and Radhaswamy, Sultan Chand, Publications,
New Delhi.
3. Advanced Accountancy – M.C. Shukla and T.S. Grewal, Sultan Chand, Publications,
New Delhi.
ARTICLES

Module-1 :

 Articles: CMA News Letter, vol.148, August 31,2015, Institutes of Cost Accounts of
India(https://icmai.in/upload/Students/Stud_NL_August_2015_14B.pdf).
 Articles: UKEssays. (November 2018). Significance of Departmental Accounting.
Retrieved from https://www.ukessays.com/essays/accounting/significance-of-
departmental-accounts-accounting-essay.php?vref=1
Module-2:

 Articles: Accounting for Hire–Purchase and Installment Payment System, by


Sanjay Kumar (https://www.yourarticlelibrary.com/accounting/hire-purchase/hire-
purchase-agreement/accounting-for-hirepurchase-and-installment-payment-system-3-
methods/68525).
Module-3:

 Articles: Gap in GAAP: Issues of Non-Profit Accounting and Reporting in India, by


Dr.Sailesh Gandhi, IIM-
A(http://vslir.iima.ac.in:8080/jspui/bitstream/11718/6278/1/2005-03-03sgandhi.pdf).
 Articles: Accounting for Non Profits & NGOs- The Indian Legal Senario, By
Dr.Nilasha Raha, Hidayatullah National Law University, Raipur, The World Journal
of Juristic Polity, Nov.2016.(https://pdf4pro.com/cdn/accounting-of-non-profits-amp-
ngos-the-1c1ec2.pdf).
Module-4:

 Articles: Royalty Accounts: Meaning and Treatment (With Journal


Entries)(https://www.yourarticlelibrary.com/accounting/royalty-accounts/royalty-
accounts-meaning-and-treatment-with-journal-entries/73025).
 Articles: Indian AS 18 Revenue Recognition (https://cleartax.in/s/ind-as-18-revenue-
recognition).
Module-5:

 Articles: Dissolution of a Partnership firm and Settlement of accounts on dissolution


by Tasleem Marriyam(https://taxguru.in/corporate-law/dissolution-partnership-firm-
settlement-accounts-dissolution.html).
 The Background of Garner v. Murray case law by R. P. BROOKER
(https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-6281.1968.tb00155.x).

97
Module-6:

 Articles: Amalgamation, Absorption & External Reconstruction by Nilima M.


(https://www.accountingnotes.net/amalgamation/amalgamation-absorption-and-
reconstruction-accounting/12670).
 Articles: Amalgamation, Absorption & External Reconstruction by Dr. Gaurav Jangra
(https://easynotes4u.com/amalgamation-absorption-external-reconstruction/).
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Advanced Accounting – Dr.Arulnandam and Dr. Raman, Himalaya Publishing house,


Mumbai.
2. Advanced Accounting – S.P. Lyengar, Chand & Sons, New Delhi.
3. Advance Accounting- Debra C. Jeter & Paul K. Chaney, Willy Publucation.
4. Advance Accounting- S.N Maheswari& S.K. Maheswari, Vikas Publication.
5. Advance Financial Accounting- S. Anil Kumar, V. Rajesh Kumar & B. Mariyappa,
Himalaya Publication.
6. Advance Financial Accounting- Shawar Saleem, Vikas Publishing.
SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module I:Branch and Departmental Skill components: Preparation of Branch


Accounts Account- Inland-Dependant& Independent
Branch & Foreign Branch and Departmental
Accounting.
Module II: Hire Purchase & Instalment Preparation of Hire purchase and installment
Purchase purchase system accounting and maintaining
accounts in the books of hire vendor and hire
purchaser.
Module-III: Accounting for Non-Profit Accounting treatment and preparation of
Organization receipt and payment account, income &
expenditure accounts and B/S.

Module-IV: Royalty Account Computation of short-working and its


equipment. Accounting practices in the books
of lessee and land lord and preparation of
different ledger accounts

Module-V: Dissolution of Partnership & Preparation of dissolution of partnership


Firm accounts and application of Garner vs
Murray case law in dissolution of partnership
business

Module-VI: Amalgamation, Absorption & Preparation of statement of purchase


External Reconstruction consideration and its methods. Accounting
entries in the books of Purchase Company
and selling company. And Preparation of
accounts.

98
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Nos. Name: Affiliation Contact Details

International

Sl. Nos. Name: Affiliation Contact Details

99
2ND SEMESTER
SPRING SEMESTER
B.B.A L.L.B.
LW 1312 – BUSINESS ETHICS
(Semester 02/Paper-07)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

This is a very important course for all students across all disciplines. Ethics is the moral
principles and values which as individuals we have learnt from our childhood and as adults
and professionals we apply it in the view of business activity and practices. Thus Business
ethics is the study of appropriate business policies and practices regarding potentially
controversial subjects including corporate governance, insider trading, bribery,
discrimination, corporate social responsibility, and fiduciary responsibilities. These matters
all center on questions about human action and the good life.

LEARNING OBJECTIVES:

1. To enable the students to identify the moral questions that business activity specifically
creates
2. To enable the students so that they will be able to convey their understanding of good
system
of Governance as it is a precursor to running a successful and sustainable business and its
Social responsibility.
3. The course will try to reflect and familiarize the students to have a better grasp of human
characteristics at different stages of moral development as explained by Kohlberg and
facilitate ethical decision making and in business.
4. To enable the students understand the concept of Gandhian philosophy of Trusteeship and
wealth distribution.
5. To prepare students for the challenges they will face in understanding how organizational
ethical decision making works in different functions of management.
6. To familiarize the students with the global environmental issues of sustainability and case
studies on issues effecting business.
TEACHING LEARNING METHODOLOGY:

This course will be taught with a combination of lecture method, case study discussion,
projects, assignments, quiz and group discussion. The students shall be encouraged to analyze
and research the cases on the issues relating to business ethics nationally and globally.
Students are encouraged to take active participation in the discussion to make it more
interactive and participative.

Module I : Business Ethics and its Nature and Scope

Introduction: The Module tries to make the students familiar to the meaning and scope of
business ethics, the three principles of business ethics, morals and ethics, types of ethics,

100
sources of ethics and the importance of business ethics in today’s corporates. It also tries to
have a better grasp of human characteristics at different stages as explained by Kohlberg’s
that tend to either facilitate ethical decision making and how it helps in business.

1.1 Concept of Ethics & Ethics in Business,


1.2 Nature of ethics and evolving ethical values,
1.3 Arguments for & against business Ethics,
1.4 Kohlberg’s six stages of moral development,
1,5 Unfair Business Practices,
1.6 Whistle Blowing.
COURSE TAKE AWAY : Students will be able to verbally communicate and present ideas
developed in their groups to the class and will be able to work in small groups in order to
identify the key points of their selected case study and understand the expectation of business
ethics
NUMBER OF HOURS: 12 hours

Module II : Ethics & Moral Standards

Introduction The Module tries to discuss the process of decision-making in organizations


and the decision making models. It also discusses the ethical dilemmas faced by
organizations. It tries to confer how our ethics reflect to the need to our Indian society and
how work culture refers to certain norms of behavior.
2.1 Values, Morals, Beliefs ,
2.2 Indian ethos for work life and values for the work place
2.3 Moral standards,
2.4 Ethical Decision making and ethics with spirituality
2.5 Ethical Dilemma
COURSE TAKE AWAY: The students will be able to identify the roles and responsibilities
of ethics while in workplace and the challenges they face through case study in taking
moral/ethical decisions. Moreover they will be able to understand how the concept of Dharma
is related to our decision making process

NUMBER OF HOURS: 16 hours

Module III : Corporate Social Responsibility & Corporate Governance

Introduction This module tries making the students aware about the need of corporate
governance, the theories/model adopted by corporations and the salient features adopted by
different committees for better governance system. It also helps to understand the concept of
corporate social responsibility, analyze and identify the issues of corporate social
responsibility and development of social responsibility undertaken by the corporates.
3.1 Corporate Social Responsibility with respect to different stakeholders,
3.2 Arguments for and against CSR, Social Audit.
3.3 Meaning, Principles, Significance of Corporate Governance
3.4 Role and responsibilities of the Board of Directors, Independent Directors etc

101
3.5 Reports of Narayana Murthy Committee, CII Code, Kumar Mangalam Birla Committee,
Sarbanes Oxley Act of 2002.
COURSE TAKE AWAY: To analyze the advantages and disadvantages of running a
business with good governance structure and bearing corporate social responsibilities with a
positive attitude on the roles as consumers, investors, employees and/or entrepreneurs in adult
life.
NUMBER OF HOURS: 18 hours

Module IV: Gandhian Approach in Management & Trusteeship

Introduction The main aim of the of the module to understand the concept of Gandhian
philosophy of Trusteeship and how he explained wealth in terms of utilization by the
individuals. His teachings referred as Gandhiji’s Seven Greatest Social Sins gives an insight
which every human should abide by and follow in order to lead a good life.

4.1 Gandhian Philosophy of Wealth Management


4.2 The Philosophy of Trusteeship
4.3Gandhiji’s Seven Greatest Social Sins.

COURSES TAKE AWAY: To sum up the key concepts learned from the philosophy and
teachings the relationship between a business and its stakeholders
NUMBER OF HOURS: 7 hours
Module V: Ethical Issues related to different Management functions

Introduction The object of the module to understand the concept of ethics in IT, Marketing,
Human Resource, Financial, Professional ethics, Caux principles and the ethical issues that
may arise in the various functional areas of business. It can be maintained that in business
where such completion and revenue earning is the main concern for all companies how
corporations can adhere to utmost ethical standards, security threats, appraisal system.

5.1 Ethics in Marketing, Human resource, Finance, IT


5.2 Professional and Personal ethics
5.3 Caux principles

COURSES TAKE AWAY: The students as individuals should be able to visualize the
interface with not only customers but with other stakeholders of the company. They should
behave rationally to seek to maximize their own interest both as an employer and as an
employee andthe relationship between a business nationally and internationally and its
stakeholders
NUMBER OF HOURS: 7 hours

102
Module VI: Introduction of the concept of IPR

Introduction The purpose of the module to make the students understand that as a part of the
role of an ethical business they get to know about the concept of Intellectual Property, the
different form of intellectual property and ethical approach in IPR with respect to Trade
Mark, Designs, Patents and Copyrights.
6.1 Introduction to IPR
6.2 Approach of IPR to Trade Mark, Patents and Copyrights.
6.3 Introduction to the concept of Plagiarism and Copyrights

COURSES TAKE AWAY: Learn about the concept of IPR, the different form of
Intellectual property is applied and what ethical implications would help to protect them.
NUMBER OF HOURS: 8 hours

Books:
1. Business Ethics & Corporate Governance: S Prabakaran
2. Business Ethics & corporate governance: S.K.Bhatia
3. Business Ethics, Text & Cases: C S V Murthy
RESEARCH ARTICLES
1. .Implications of corporate governance on financial performance: an analytical review
of governance and social reporting reforms in India. Puneeta Goel

2. Corporate governance in India: A systematic review and synthesis for future research:
Faozi Almaqtari, Hamood Mohd. Al-Hattami, Khalid M. E. Al-Nuzaili & Mohammed
A. Al-Bukhrani

3. Corporate Social Responsibility in India: An Overview : SEEMA G. SHARMA

4. Seven pillars of Corporate Social Responsibility for Betterment :Rusen Kumar


5. Sustainable Development And Corporate Social Responsibility In India: A Critique:
Dr. Vikrant S Yadav
Advance Reading:

1. Business Ethics: William H Shaw

2. Business Ethics: Velasquez, M.G

3. Foundations of management Work - Contributions from Indian Thought: Chakraborty, S.K

4. Corporate governance: Satheesh Kumar


5. Ethical Management: Text and Cases in Business Ethics and Corporate Governance:
Modh, Satish

6. Business Ethics - Ethical Decision Making & Cases: Ferrel, Fraedrich, Ferrel (Biztantra)

7. Robert A.G. Monks and Nell Minow, Corporate governance.

103
8. Mathur, U.C : Corporate Governance and Business Ethics: Text and Cases

Skill Components:
Module II Ethics & Moral Standards Decision making skill and
judgmental skill

Module III: Corporate Social Auditing of ethical practice


Responsibility & Corporate skill
Governance

RESOURCE PERSONS:
S.No Resource Persons
1. Mr Pradip Bandyopadhyay –
HR Head – G4S Secure Solutions.
Email: pradip.bandyopadhyay@in.g4s.com

2. . Mr Dibyendu Basu –
Regional HR Manager – HR - EPTISA India Pvt.Ltd.
Email- dibyendubasu@eptisa.com

3. Mr. A.K Panda –


Unit Head in IFFCO Paradeep.
Email - pandaak55@gmail.com
4. Ms Kavita Bhattacharya Ray –
OB Specialist - Visiting FacultyKIIT School of Management
Email - kavitasray@gmail.com

104
2ND SEMESTER
SPRING SEMESTER
B.B.A L.L.B.
(Semester02/Pqper-08)
LW 1318: Money, Banking and Public Finance
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

This course exposes students to the theory and functioning of the monetary and
financial sectors of the economy. It highlights the organization, structure and role of financial
markets and institutions. The paper deals with the nature of government intervention and its
implications for allocation, distribution and stabilization. Inherently, this study involves a
formal analysis of government taxation and expenditures. The subject encompasses a host of
topics including public goods, market failures and externalities.

Learning Objectives:

The students can able to

1. Provide the student with an idea about the role of money, banking institutions, monetary
policy and government finances in the economy

2. Understand the theory and functioning of the monetary and financial sectors of the
economy.

3. Calculation procedure of Interest rates, monetary management and instruments of


monetary control.

4. Status of Financial and banking sector reforms and monetary policy with special reference
to India.

5. Give an idea about Government finances.

6. Give in depth understanding about the efficiency and equity aspects of taxation of the
centre, states and the local governments and the issues of fiscal federalism in India.

Teaching Learning Methodology:

1. Lectures with power point presentation of key learning points. Conceptual clarity with
graphical presentation, statistical data.

2. Student participation: Questions & answers discussions, article readings, group


discussions.

3. Simulation exercises: Class tests, online tests and project report.

105
Module – I: Basic Concepts of Money

Introduction:

This module is designed to give a deep insight into how economy works and grows. It also
includes most important concepts like credit creation, money multiplier, money supply etc.
which ultimately develop a strong understanding of the subject.

1.1 Meaning, functions and classification of money


1.2 Role of money in capitalist, socialist and mixed economies,
1.3 Monetary standards, Metallic and paper systems of note issue,
1.4 Determination of money supply and credit creation,
1.5 Money Multiplier.

Skill Component:

i. The students can easily point out the importance and working of money multiplier in
the economy.

Course Takeaway:

i. This module will help the students to identify all the aspects of money.
ii. They will learn the procedure of calculation and use of money multiplier.

Number of Hours: 6 hours

Module – II: Value of Money

Introduction:

This module deals with critical analysis of different theories related to money. The current
module also includes the analysis of business cycle.

2.1. Quantity theory of money, Cash transaction and cash balance approaches & The
Keynesian approach,
2.2. Inflation, Deflation - Meaning and types, Demand pull and cost - push inflation,
2.3. Causes and effects of inflation on different sectors of the economy,
2.4. Measures to control inflation,
2.5. Trade- off between inflation and unemployment (the Philips curve)
2.6. Concept of Stagflation.
Skill Component:

i. This module will make the learner efficient in Calculation of inflation,


construction of price Index Number and identification of current trend in
economy.

Course Takeaway:

i. The students can calculate inflation and identify its type as well.

106
ii. They can construct PIN by using the practical figures available in the internet.

Number of Hours:10 hours

Module – III: Commercial Banking

Introduction:

This module deals with evolution and working of commercial bank. Further it deals with its
other financial instruments and most important function of commercial bank i.e. credit
creation.

3.1. Evolution of commercial banking in India after independence,


3.2. Meaning and types, Functions of commercial banks,
3.3. The process of credit creation- Purpose and limitations,
3.4. Recent reforms in banking sector in India,
3.5. Digital currency or Crypto-currency ,Net-banking , Credit/Debit cards , Mobile banking
, e-wallets,Banking Products ( S/B a/c , Current a/c, FD , RD , LC , BG , PPF , NPS ,
NEFT/RTGS , Secured and Unsecured loans , Letter of comfort , merchant banking ,
underwriting etc) , NBFCs , Co-operative Banks etc.

Skill & theory Component:

i. This module deals with conceptual clarity and theories.

Course Takeaway:

i. It will provide learner a clear understanding about the function of commercial


bank.

Number of Hours:10 hours

Module – IV: Central Banking

Introduction:

This module deals with importance and working of Central bank. Further it discusses the
formation and intension behind formation of monetary policy by RBI.

4.1.Role and functions of the Reserve Bank of India,


4.2. Quantitative methods of credit control
4.3. Qualitative methods of credit control
4.4. Monetary Policy: Objectives and limitations with special reference to India.
Skill Component:

i. They can easily justify the change in various rates by RBI and its impact in the
Economy.

Course Takeaway:

107
i. The Students will learn different functions of Central Bank or RBI.
ii. They will also learn about the instruments used by RBI to control the fluctuation
in value of money or money supply.

Number of Hours:10 hours

Module – V: Public Finance

Introduction:

The current module is designed to provide a strong conceptual knowledge in the field of
Public finance. Additionally it also gives a clear insight into different types of goods, public
expenditure, principle of maximum social advantage and Pea cock and Wiseman Hypothesis.

5.1. Meaning, nature and scope of public finance,


5.2. Distinction between private and public finance, Public goods, Private goods and Merit
goods,
5.3. The principle of maximum social advantage, Market failure and the role of the
Government.
5.4. Meaning, classification and principles of public expenditure,
5.5. Canons and effects of public expenditure, Trends in public expenditure and causes of
growth of public expenditure in India,
5.6. Pea cock and Wiseman Hypothesis.

Skill Component:

i. The students will gather the skill to identify different types of goods, i.e. public
goods, private goods, merit goods etc.

Course Takeaway:

i. This module gives a clear understanding of public expenditure with the cannons it
should follow.
ii. The learner can also gather knowledge in various concepts related to Public
finance.

Number of Hours: 12 hours

Module – VI: Taxation -Sources of Public revenue and Budget

Introduction:

As and taxation and budget are the significant parts of any economy one should know the
importance, application, and formation of policies in a budget as well for revenue collection.
It gives the reader an clear idea regarding components of budget, revenue collection and
implication of both.

6.1. Taxation- meaning, canons and classification of taxes,

108
6.2. The benefit and ability - to - pay approaches,
6.3. Division of tax burden between the Central and State Govt.,
6.4. Characteristics of a good tax system.
6.5. Public Debt - methods & redemption and effects of public debt.
6.6. Budget: meaning, importance and preparation and passing of Centre and State Govt.
Classification of Budgets, Budgets and planning,
6.7. Fiscal Policy: Objectives, Deficit Financing, Financial issues in a federal set up,
Principles of efficient division of financial resources between Central and States, Role and
Functions of Niti Aayog
Skill Component:

i. This module will enhance the skill to analyse the budget properly and predicts its
future result.
Course Takeaway:

i. The students can able to differentiate between different types of budget as well as
analyse the importance of fiscal policy and its effects on the economy.
ii. They can also know about working of revenue collection and importance of NITI
Aayog in formation of Government policies.
Number of Hours: 12 hours

Text Books:

1. Gupta, S.B. Monetary Economics, S Chand & Company, New Delhi

2. Seth, M.L. Monetary, Banking and International Trade, Laxmi Narain Agarwal
Educational Publishing, Agra.

3. Mithani, D.M. Money, Banking and Public finance, Himalaya Publishing House, Mumbai.

ARTICLES

1. Mitchell W.C. (Mar., 1916) The Role of Money in Economic Theory. Vol. 6, No. 1,
Supplement, Papers and Proceedings of the Twenty-eighth Annual Meeting of the American
Economic Association, pp. 140-161.American Economic Association Stable URL:
https://www.jstor.org/stable/1803798.

2. Goodhart C.A.E. (1977) The Role, Functions and Definition of Money. In: Harcourt G.C.
(eds) The Microeconomic Foundations of Macroeconomics. Other International Economic
Association Publications Series. Palgrave Macmillan, London. https://doi.org/10.1007/978-
1-349-03236-5_8.

109
ADVANCE READING

1. Muraleedharan, D. Modern Banking :Theory and Practice, Prentice Hall Publishing,


New Delhi.
2. Musgrave, R.A. and P.B. Musgrave , Public finance in Theory and Practice, Mc
Graw Hill, Kaogakusha, Tokyo.
3. Shapiro, E. Macroeconomic Analysis, Galgotia Publication, New Delhi.
4. Tyagi, B.P., Public Finance, Latest edition, Jain Praksash Nath & Company, Meerut.
5. Bhatia, H. L., Public Finance, Recent Edition, Vikas Publication, New Delhi.
6. Dalton. H. Principles of Public Finance, Routledge and Hegan Paul Limited,
London.
7. Ackley, G. Macroeconomics : Theory and policy, McMillan publishing Co., New
Yourk.

Skill Component:

Module Skill / Theories associated with modules

Module I The students can easily point out the importance and working of money multiplier
in the economy.

Module II This module will make the learner efficient in Calculation of inflation, construction
of price Index Number and identification of current trend in economy.

Module III This module deals with conceptual clarity and theories.

Module IV They can easily justify the change in various rates by RBI and its impact in the
Economy.

Module V The students will gather the skill to identify different types of goods, i.e. public
goods, private goods, merit goods etc.

Module VI This module will enhance the skill to analyse the budget properly and predicts its
future result.

RESOURCE PERSON:

S. No Indian Resource Persons National)


1. Dr. Aditi Chaubal
Assitanat Professor,IIT Bombay
Email: aditichaubal@iitb.ac.in
Phone: (022)-2576-7361

110
2. Prof. Haripriya Gundimeda
Professor, IIT Bombay
Email: haripriya@hss.iitb.ac.in
Phone: (022)-2576-7382

3. Prof.RamSingh
Professor,DSE
Email: ramsingh@econdse.org;
Phone +91-11-27008145

4. Arun Panda
Prof. Deptt.. Of Management, BU
5. Bhagabat Patra, Prof. CU, Odisha, Koraput

S. No International Resource Person


1. Dr. Selim Cakmakli
AssistantProfessor
Rutgers University Camden
Phone:(856)225-6765,ext.6130
Email: selim.cakmakli@rutgers.edu

111
2ND SEMESTER
SPRING SEMESTER
B.B.A L.L.B.
(Semester02/Pqper-09)
LW 1316: Advance Accounting Principles
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Advanced Accounting Principles (AAP) is designed to prepare you to analyze, interpret, and
use financial statements effectively, both from a manager and from an investor perspective
through advance accounting principles and standards.

Learning Objectives:

7. The object of the course is to gain the ability of using accounting information as a tool
in applying solutions for managerial problems, development of the accounting skills,
evaluating the financial performance, and interpreting the financial structure and
applications in different kinds of business.
8. To acquire the ability to apply specific Accounting Standards, Guidance Notes and
Legislations to different transactions and events and in preparation and presentation of
financial statements of business entities.

9. To have the ability to identify and analyze financial accounting problems, and
opportunities in real life situations.

10. To provide different dimensions and methods of computation of accounting for


branch accounting, departmental accounting, NPO’s, hire purchase, installation
purchase and royalty accounts.
11. To study various dimensions of partnership business and its issues associated with
corporate law.
12. To explore different strategic considerations of company accounts and its challenges.

Teaching Learning Methodology:

This course will be taught by a combination of case study, problem solving, class discussion,
reading materials and assignments through online and offline mode.

Module-1: Branch and Departmental Accounts


Introduction: The objective of this module is to discuss the various concept and conventions
of advance accounting principles along with preparation of branch and departmental
accounting.

1.7 Overview of Advance Accounting Principles and AS Branch & Departmental


accounting.
1.8 Why Branch & Departmental Accounting. Nature & scope of Branch & Departmental
Accounting.

112
1.9 Types of Branches: Dependant & Independent Branches. Branch keeping full system
of accounting and not keeping full system of accounting.
1.10 Practical problems relating to debtor system, invoice price method, stock and
debtor system-goods charged to branch at cost price and goods charged to branch at
selling price. Foreign branch & its accounting principles & type.
1.11 Departmental accounting practices. Methods of departmental accounting-
departmental accounts where separate sets of books are maintained for each
department and accounting methods where accounts of all departments are maintained
together in a columnar books.
1.12 Treatment of departmental expenses and allocation and apportionment of
departmental expenses.
Course Take Away: After studying the above module students understood the various
accounting principles of AAP and AS along with branch and departmental accounting
practices and its methodologies.

Number of Hours: 12 hours

Module-2: Hire Purchase & Instalment Purchase


Introduction The objective of this module is to give brief description on how hire-purchase
business and installment business operates in India and AS mentioned thereafter.

2.7.Introduction and features of hire purchase system.


2.8.How Hire Purchase system work & types of HP.
2.9.Methods of HP. Accounting records for goods of considerable value-treating goods
not becoming the property of the hirer.
2.10. Credit purchase with interest method-entries in the books of the vendor-entries
in the books of the hire purchaser. Default and repossession.
2.11. When the vendor takes back the complete repossession of asset and when the
vendor takes repossession of only part of the total assets sold to the hire purchaser.
2.12. Instalment system-features-distinction between hire purchase and instalment
system-accounting entries in the books of the buyer and the vendor

Course Take Away: Through this module students got brief idea on how hire-purchase and
installment purchase accounting practices and legal provisions in India.

Number of Hours: 10 hours

Module-3: Accounting for Non-Profit Organization


Introduction The objective of this module is to give brief idea on How nonprofit
organization operates in India and its accounting practices.

3.7.Meaning of profitable and non–profitable organization, distinction between profitable


and non-profitable organization,
3.8.Why NPO accounts and AS Associated with it.
3.9.Methods of NPO. Preparation of receipts and payments accounts.
3.10. Preparation of income and expenditure account.

113
3.11. Distinction between income and expenditure account and receipt and payment
account.
3.12. Preparation of balance sheet.

Course Take Away: After studying the above unit’s students understand how nonprofit
organizations works in India and its legal and accounting methodology.

Number of Hours: 10 hours

Module-4: Royalty Account


Introduction This module highlights the various types of royalty and its accounting practices
in India.

4.7.Royalty Accounts & AS.


4.8.Nature, type & scope of Royalty Account.
4.9.Method to compute Royalty.
4.10. Minimum Rent, Short-working & Equipment of Short working
4.11. Accounting Treatment in the Books of Lessor & Lessee
4.12. Sub-Lease & Sub Royalty.

Course Take Away: After studying the above unit’s students understand the various
practical aspects of royalty accounts, its accounting practices and computation through
memorandum of royalty statement.

Number of Hours: 12 hours

Module-5: Dissolution of Partnership & Firm


Introduction The module discusses various provisions of partnership act 1932 in the context
of dissolution of partnership firm along with its accounting practices in India.

5.7.Dissolution of partnership & Firm, deed & its features.


5.8.Conditions of Dissolution & AS
5.9.Settlement of Accounts under Dissolution & Entries of Dissolution
5.10. Dissolution of partnership-settlement of accounts on dissolution-preparation of
realization account, partner’s capital & bank accounts-insolvency of a partner-
settlement of accounts.
5.11. Garner vs Murray case law & its practices.
5.12. Treatment of accounts when all partners or any one partner is insolvent.
Course Take Away: After studying the above module the students understand the various
accounting practices of dissolution of partnership business along with various provisions of
Garner vs Murray case law.

Number of Hours: 12 hours

114
Module-6: Amalgamation, Absorption & External Reconstruction
Introduction The module focus on various accounting aspects of corporate restructuring
strategies and its AS in India.

12.1 Amalgamation, Absorption & External Reconstruction: An Overview


12.2 Amalgamation and absorption-difference between amalgamation and
absorption. Internal Reconstruction vs External Reconstruction.
12.3 Entries in the books of vendor/selling companies and entries in the books of
the purchasing company-purchase consideration.
12.4 Cases of Purchase consideration & AS-14
12.5 Reconstruction of companies –external and internal reconstruction-alteration
and capital reduction. Cases of Reconstruction of companies.
12.6 Scheme of capital reduction.

Course Take Away: After studying the above module the students understand the various
practical aspects corporate restricting accounting strategies and AS14 provisions.

Number of Hours: 12 hours

Books:

4. Advanced Accountancy- Jain & Narang, Kalyani Publication, New Delhi


5. Advanced Accounting – R.L. Gupta and Radhaswamy, Sultan Chand, Publications,
New Delhi.
6. Advanced Accountancy – M.C. Shukla and T.S. Grewal, Sultan Chand, Publications,
New Delhi.
Articles

1. Articles: CMA News Letter, vol.148, August 31,2015, Institutes of Cost Accounts of
India(https://icmai.in/upload/Students/Stud_NL_August_2015_14B.pdf).
2. Articles: UKEssays. (November 2018). Significance of Departmental Accounting.
Retrieved from https://www.ukessays.com/essays/accounting/significance-of-
departmental-accounts-accounting-essay.php?vref=1
3. Articles: Accounting for Hire–Purchase and Installment Payment System, by Sanjay
Kumar (https://www.yourarticlelibrary.com/accounting/hire-purchase/hire-purchase-
agreement/accounting-for-hirepurchase-and-installment-payment-system-3-
methods/68525).

4. Articles: Gap in GAAP: Issues of Non-Profit Accounting and Reporting in India, by


Dr. Sailesh Gandhi, IIM-
A(http://vslir.iima.ac.in:8080/jspui/bitstream/11718/6278/1/2005-03-03sgandhi.pdf).
5. Articles: Accounting for Non Profits & NGOs- The Indian Legal Senario, By Dr.
Nilasha Raha, Hidayatullah National Law University, Raipur, The World Journal of
Juristic Polity, Nov.2016.(https://pdf4pro.com/cdn/accounting-of-non-profits-amp-
ngos-the-1c1ec2.pdf).

115
6. Articles: Royalty Accounts: Meaning and Treatment (With Journal
Entries)(https://www.yourarticlelibrary.com/accounting/royalty-accounts/royalty-
accounts-meaning-and-treatment-with-journal-entries/73025).

7. Articles: Indian AS 18 Revenue Recognition (https://cleartax.in/s/ind-as-18-revenue-


recognition).
8. Articles: Dissolution of a Partnership firm and Settlement of accounts on dissolution
by Tasleem Marriyam(https://taxguru.in/corporate-law/dissolution-partnership-firm-
settlement-accounts-dissolution.html).

9. The Background of Garner v. Murray case law by R. P. BROOKER


(https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-6281.1968.tb00155.x).

10. Articles: Amalgamation, Absorption & External Reconstruction by Nilima M.


(https://www.accountingnotes.net/amalgamation/amalgamation-absorption-and-
reconstruction-accounting/12670).

11. Articles: Amalgamation, Absorption & External Reconstruction by Dr. Gaurav Jangra
(https://easynotes4u.com/amalgamation-absorption-external-reconstruction/).

ADVANCE READING

7. Advanced Accounting – Dr. Arulnandam and Dr. Raman, Himalaya Publishing house,
Mumbai.

8. Advanced Accounting – S.P. Lyengar, Chand & Sons, New Delhi.

9. Advance Accounting- Debra C. Jeter & Paul K. Chaney, Willy Publucation.

10. Advance Accounting- S.N Maheswari & S.K. Maheswari, Vikas Publication.

11. Advance Financial Accounting- S. Anil Kumar, V. Rajesh Kumar & B. Mariyappa,
Himalaya Publication.

12. Advance Financial Accounting- Shawar Saleem, Vikas Publishing.

Skill Components

Sl. No. Module Skill Components


1 Module-1: Branch and Skill components: Preparation of Branch
Departmental Accounts Account- Inland-Dependant & Independent
Branch & Foreign Branch and Departmental
Accounting.
2 Module-2: Hire Purchase & Preparation of Hire purchase and installment
Instalment Purchase purchase system accounting and maintaining
accounts in the books of hire vendor and hire
purchaser.

116
3 Module-3: Accounting for Non- Accounting treatment and preparation of
Profit Organization receipt and payment account, income &
expenditure accounts and B/S.

4 Module-4: Royalty Account Computation of short-working and its


equipment. Accounting practices in the books
of lessee and land lord and preparation of
different ledger accounts
5 Module-5: Dissolution of Preparation of dissolution of partnership
Partnership & Firm accounts and application of Garner vs Murray
case law in dissolution of partnership business
6 Module-6: Amalgamation, Preparation of statement of purchase
Absorption & External consideration and its methods. Accounting
Reconstruction entries in the books of Purchase Company and
selling company. And Preparation of accounts.

117
2ND SEMESTER
SPRING SEMESTER
B.Sc L.L.B.
LW 1212: Physics II
(Semester02/Paper-10)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description :Physics is a subject that requires greater analytical skills. With concepts
explained using the language of mathematics, it helps the learner acquire good mathematical,
logical and analytical skills. In this part of the three part course the students will develop an
understanding of light and its wave aspects, advance technique’s. LASER and the concept of
relativity.

Learning Objectives

1. Enriching basic knowledge of Physics to support the graduate program.


2. Leaning methodology to establish models for various physical phenomena
3. Expressing behaviour of systems in handy expression / equation (analytical treatment).
4. Applying the aforementioned handy expression / equation to predict / analyze
behaviour of modern devices / instruments and engineering materials.
5. Establish the gateway to design and develop the aforementioned things.
6. Develop fine sense of mathematical, logical and analytical thinking of systems.

Teaching Learning Methodology

This subject will be taught through a combination of lectures, hands on


experiments/animations, and discussion of recent advances in the field. Students will be
evaluated daily using online polls, and analyzing their answers, besides regular sharing of
materials, additional teaching aids on virtual platform and regular graded quiz & assignments
to assess their knowledge and understanding,

Module-I: Wave nature of light and Interference


Introduction: In this module students will learn about the basics of light as a wave, how they
superpose as waves and the resulting patterns depending on path traversed by component
waves. They will also learn the applications of simple experiments based on phenomena of
interference. Introduction to the wave nature of light and detailed understanding the
phenomenon of interference, with practical applications.
1. Wave nature of light, Huygens principle, Superposition principle
2. Coherence, Interference (definition, conditions and types)
3. Interference due to division of amplitude and division of wave front,
analytical treatment of interference and Youngs double slit experiment
4. Interference due to thin parallel films, Colours in thin films.
5. Interference due to wedge shaped thin film and Newton’s rings
6. Determination of wavelength and refractive index of unknown liquid
from Newton’s ring experiment.

118
7. Michelson interferometer.

Course Takeaway: Students will learn the details of interference of light and its practical
usage and example of state of the art.

Number of hours : 14 hrs

Module-II: Diffraction of light


Introduction:In this module students will learn about the basics of bending of light as a
wave, and the resulting intensity distribution patterns in diffraction. They will also learn the
applications of simple experiments based on phenomena of diffraction. Analysis and
applications of diffraction of light.

1. Diffraction of light, types of diffraction (Fresnel and Fraunhofer type)


2. Fraunhofer diffraction at a single slit and resultant intensity distribution
pattern
3. Fraunhofer diffraction due to a plane transmission grating
4. Diffraction due to polychromatic light sources, missing order or absent spectra
5. Dispersive power
6. resolving power of telescope and Rayleigh’s criterion for resolution.

Course Takeaway: Students will learn the details of diffraction of light and its practical
usage and example of state of the art.

Number of hours : 12 hrs

Module-III: Polarization of light

Introduction:In this module students will learn about an interesting property of light called
polarization. They will also learn about types of polarization and their implications, along
with simple situations where the effect of polarization is realized.

1. Electromagnetic nature of light wave, polarized and unpolarized light, types of


polarization (plane, circular and elliptical polarization)
2. production of polarized light, polarization due to reflection and refraction
3. Brewster’s law
4. Malus law
5. polarization via double refraction, ordinary and extra-ordinary rays
6. Nicol Prism as polarizer and analyzer

Course Takeaway: Students will learn about polarization of light and its importance, usage
and application.

119
Number of hours : 12 hrs

Module-IV: Lasers

Introduction:In this module students will learn about the principle and details of LASER, a
quintessential tool of modern day. They will learn about types of LASERs, their construction,
working and usage. Some of the state of the art in the field will be discussed in group.

1. Introduction to Lasers, Absorption, spontaneous and Stimulated Emissions


2. Population inversion, Pumping and Metastable states
3. Principle of Laser action (three level, four level)
4. Types of Laser, Applications
5. Ruby Laser
6. He-Ne Laser; laser applications.

Course Takeaway: Students will learn about LASERs, and its practical usage and example
of state of the art using Lasers.

Number of hours : 10 hrs

Module-V: Fibre optics

Introduction:In this module students will learn about the principle and details of optical
fibres, a quintessential tool of modern day communication and etc. They will learn about
types of fibres, their construction, working and usage. Some of the state of the art application
in the field will be discussed.Theory and applications of fibre optics.

1. Introduction to Optical fibres


2. Principle of optical Fibre
3. Types of fibre (step index and graded index fibre)
4. Acceptance angle, numerical aperture
5. Miscellaneous application of optical fibre
6. Future of fiber optic and numerical problems

Course Takeaway: Students will learn a very essential component of modern day
communication system that is optical fibres and its construction, usage and applications.

Number of hours : 10 hrs

Module-VI: Relativity

120
Introduction:In this module students will learn about the principle and details of LASER, a
quintessential tool of modern day. They will learn about types of LASERS, their
construction, working and usage.Some of the state of the art in the field will be discussed in
group.Introduction to thetheory of special relativity, appreciation of relativistic phenomena
such mass-energy equivalence, length contraction, time dilation etc.

1. Relativity: introduction, Galilean transformations, Newtonian relativity and its


limitations
2. Michelson-Morley Experiment and its consequences
3. Postulates of special theory of relativity, Lorentz transformations,
4. Simultaneity of events, length contraction, time dilation
5. Four-vectors
6. Relativistic mass and momentum, Einstein’s mass-energy relation.

Course Takeaway: Students will learn about the most fundamental concept of relativity and
some of its implications and applications.

Number of hours :

BOOKS

1. Engineering Physics, B. K. Pandey and S. Chaturvedi, Cengage Publication, New


Delhi.

2. Optics, A K Ghatak, Tata McGraw-Hill Publications.

3. Modern Engineering Physics, S. L. Gupta, Sanjeev Gupta, Dhanpat Rai Publications


(P) Ltd.

4.Open source course NPTEL, Swayam etc.

Module Skill Component

Module 1:
Skill component: hands on experiments, learn
more about interference through the Newton’s
ring and Michelson interferometry
experiments.

Learn the technique of graphical analysis.

Resource Person : Dr. J. Tripathy

121
Module 2: Skill component: hands on experiments, learn
more about phenomena of diffraction, and its
applications.

Resource Person : Dr. J. Tripathy

Module 3:
No Skill component

Module 4: No skill components

Module 5: Learn use of Optical fibres in LASER


technology, research and industrial use.

Mode of discussion: PPT

Resource Person : Dr. G. Shaw

Module 6:
No Skill Components

122
2ND SEMESTER
SPRING SEMESTER
B.Sc L.L.B.
(Semester02/Pqper-11)
LW-1214 - CHEMISTRY-II
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: WITHIN 60 WORDS

Organic chemistry is a branch of general chemistry that focuses on carbon-based compounds.


The topics of this course include classification and nomenclature of organic compounds,
organic reaction mechanism, aromatic compounds, heterocyclic compounds, organic dye
molecules and biomolecules. Fundamental principles of organic chemistry will be studied,
including the structure, bonding, properties, and reactivity of organic molecules;properties
and behavior of organic compounds and special emphasis is placed on organic synthesis and
mechanisms. Upon completion, students should be able to demonstrate an understanding of
the fundamental concepts of covered organic chemistry topics.
LEARNING OBJECTIVES: (Not more than 6 bulleted points)

 To enrich the students with basic concepts of organic compounds, its classification
and principles of IUPAC nomenclature for normal chain and branched chain alkanes,
alkenes, alkynes (with and without functional groups), benzenoid systems, cyclic and
bicyclic systems with different members

 To acquire knowledge on electron displacements in organic molecules, to develop


idea on mechanism of basic chemical reactions for different organic molecules

 Prediction of products, mechanism, including stereochemistry in organic reactions


e.g. substitution, addition, elimination and rearrangement reactions.

 Define aromatic, non-aromatic and anti-aromatic molecules and explain their


structural characteristics

 Explain the importance, process of synthesis and reactions of heterocyclic compounds


 Get an idea of dye stuffs and their synthesis and reactions. To understand structures
and functions of different biomolecules viz. proteins, carbohydrates and vitamins.

TEACHING LEARNING METHODOLOGY:

The method to achieve these goals will be the on the basis of lecture sessions, presentation
and class discussions on the topics.

Module – I: Classification and nomenclature of organic compounds

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Introduction: To enrich the students with basic principles of IUPAC nomenclature for
normal chain and branched chain alkanes, alkenes, alkynes (with and without functional
groups), benzenoid systems and cyclic systems with different members.

1.1 Classification of organic compounds


1.2 Trivial Nomenclature System, its drawback
1.3 IUPAC Nomenclature methods
1.4 IUPAC Nomenclature of aliphatic compounds, aromatic, and bicyclic system

Course takeaway:
After going through this module students will be able to:
 provide correct IUPAC names for alkanes, halocarbons, alkenes, and aromatics,
including cyclic molecules and including stereochemistry
 classify organic molecules by their functional groups

Number of hours : 18

Module – II: Organic reaction mechanism

Introduction: An organic reaction mechanism is a complete, step-by-step account of how a


reaction of organic compounds takes place. Organic Reaction Mechanisms provides
extensive coverage of various organic reaction and rearrangements with emphasis on their
applications in syntheses. This module emphasizes on prediction and explanation the patterns
in stability, shape, hybridization, reactivity, and product formation by applying different
electron displacement processes viz. inductive effect, resonance effect, electromeric effect etc
apply to a reactant, intermediate, or final product. This module provides the all aspects of
organic reaction mechanisms, reviewing the chemical kinetics and mechanisms of the various
type of reaction pathways, such as substitutions, additions, eliminations etc. by citing
different examples of reaction.

2.1 Descriptions of different electron displacement processes


2.2 Concepts of nucleophile, electrophile, carbocation, carbanion, carbine
2.3 Mechanisms of additions, substitutions, elimination and rearrangement reactions
2.4 Wagner-Meerwein rearrangement, Pinacol-pinacolon rearrangement, Hoffman
rearrangement

Course takeaway
After going through this lesson students will be able to:
 predict the reactivity of substrate, reagent, intermediate involved in the organic
reaction
 learn generation, stability of intermediates and mechanisms of various named
reactions;
 identify intermediates formed;
 write mechanisms of additions, substitutions, elimination and rearrangement
reactions

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Number of hours: 10

Module – III: Aromatic compounds

Introduction: This module focuses on why we care if a compound is aromatic or not. It


will ivestigate the concept of aromaticity and how to determine the structural requirements
for aromaticity. Discussion of the properties of aromatic, antiaromatic and non-aromatic
compounds and the chemical concequences of aromaticity is the important aspects of this
module.

3.1 Aromaticity and stability of aromatic compound


3.2 Criteria of aromaticity
3.3 Huckel rule and application
3.4 Identification of aromatic, non aromatic and anti-aromatic systems
3.5 Chemical consequences of aromaticity

Course takeaway
After going through this lesson students will be able to:
 use the polygon rule to draw the energy diagram for a cyclic system of p orbitals, and
fill in the electrons to show whether a given compound or ion is aromatic or anti-
aromatic;

 use Huckel’s rule to identify whether a given structure is aromatic anti-aromatic, or


non-aromatic, including heterocycles and ions;

 dictate the properties of aromatic and antiaromatic compounds, and the chemical
consequences of aromaticity

Number of hours : 8

Module – IV: Heterocyclic compounds

Introduction: This course will provide a concise introduction to heterocyclic chemistry.


Heterocyclic compounds are presumably the largest class of organic compounds, obtaining
great diversity in chemical and physical properties. Emphasis will be given on the most
important heterocyclic systems particularly five, and six-membered heterocyclic systems as
well as fused heterocyclic systems. Chemical synthesis, properties and characteristics of
those systems will be discussed. Their importance in biology, pharmacy, agrochemistry etc
will be discussed.

4.1 What are heterocycles


4.2 Classification of heterocyclic compounds
4.3 Nomenclature of heterocyclic compounds
4.4 Structure and aromaticity of pyrrole, furan, thiophene and pyridine
4.5 Relative reactivities of pyrrole, furan and thiophene towards electrophilic substitution
reaction

125
4.6 Synthesis and reactions of pyrrole, furan, pyridine and thiophene

Course takeaway
 interpret heterocyclic compounds and to name heterocyclic compounds;
 use reaction mechanisms to predict the formation of selected heterocyclic compounds

 explain and account for the reactivity of heterocyclic compounds

 explain and discuss the applications of selected heterocyclic compounds in medicinal


chemistry and supramolecular chemistry

Number of hours : 10

MODULE – V: Dye

Introduction: Dyes are very important class of organic chemicals which are the source of
colour in different colouring chemicals available in market. This module aims to deliberate
the synthesis and usefulness of different dyes. The structural diversities in dyes and
evolution of synthetic aromatic chemistry in tandem with colour chemistry have been
depicted in this module.
5.1 Basic knowledge of UV-Vis absorption
5.2 Chromophore and auxochrome, effect of conjugation on wavelength of absorption
5.3 Classification based on source, chromophore and method of application
5.4 Vat Dye and mordant dye
5.5 Synthesis and structural chemistry of malachite green, fluoroscein, methyl orange.
indigo and alizarin
.
Course takeaway
 After going through this module students will be able to:
 explain why dye originate the colour
 differentiate between different types of dye molecules;
 elaborate chemical and physical properties of dyes.;
 convert one concentration unit to other unit;
 differentiate between vat dye and mordat
 explain the reaction of dyes with fibers
Number of hours : 10

Module – VI: Biomolecules

Introduction: This course introduces the identification, classifications, synthesis and


reactions of biomolecules such as carbohydrates, peptides, proteins, vitamins and hormones.
It will focus structures, classifications, conformations and reactivities carbohydrates. Varied
aspects of carbohydrates, their biological roles and chemistry are important aspects of this
module. The different levels of protein structure and their interdependence will also be
discussed. It will also discuss the relationship between protein structure and function. Focus

126
on vitamins, their chemical constitution, classification and physicological functions have
been included. Module topics will include the various classes of hormones, sources of
hormones, production and mechanisms of action and regulation of hormones.

6.1 Classification, characteristic reactions of aldoses and ketoses


6.2 Gluocose, fructose, sucrose, starch and cellulose (structural aspects only)
6.3 Amino acids- structures, physical properties, dipolar nature, peptides-geometry of
peptide linkage
6.4 Structure of polypeptides, proteins-general characteristics and structures of proteins.
6.5 Vitamins, Chemical constitution and physicological functions of vitamins A, B2
(Riboflavin), C (Ascorbic acid)
6.6 Hormones, Chemical constitution and physicological functions, Thyroxin and estrone

Course takeaway :
After going through this module students will be able to:
 define carbohydrate and the groups of saccharides in chemical and descriptive terms;
 draw fructose, glucose, galactose, sucrose and lactose;
 understand the concepts of enantiomers, diastereomers and epimers of simple sugars;
 describe the role that mutarotation plays in intraconversion between the alpha and
beta anomers;
 Understand the role saccharides play in biology;
 List the fat-soluble and water-soluble vitamins;
 describe the function and food sources of vitamins and minerals;
 explain the consequences of under- and overproduction of hormones;
 describe the role of common vitamins in normal physiology and disease
 discuss the definition of a hormone in terms of its general properties
 describe the different classes and chemical structures of hormones
 define and discuss the physiological actions of hormones relating them whenever
possible to human disorders
 explain the consequences of under- and overproduction of hormones.
Number of hours : 18

1. Organic chemistry by I L Finar (Vol 1 and 2), Publisher : ELBS

2. Guidebook to Mechanism in Organic Chemistry, By Peter Sykes

3. Organic Chemistry- R. T. Morrison and R. N. Boyd, Pretice –Hall of India (P) Ltd.,
New Delhi.

ADVANCE READING:

Organic chemistry

127
1. A Textbook of Organic Chemistry, by Bahl Arun and Bahl B.S.
2. Biochemistry, 5th Updated Edition by Satyanarayana and Chakrapani

RESOURCE PERSONS

S. No National Resource Person

1. Name: Dr Shrijit Biswas


Designation: Assistant Professor (UGC-MHRD)
Contact details:
University of Calcutta, Kolkata, India, 700073, West Bengal
Email: srijit_biswas@yahoo.co.in
2. Name: Dr. Harekrushna Sahoo
Designation: Associate Professor
Contact details:
Department of Chemistry, National Institute of Technology Rourkela, Sundargarh,
Odisha, India - 769008
E-mail: sahooh@nitrkl.ac.in
3. Name: Dr. Sujit Kumar Dora
Contact details:
Nanosurf India, Hyderabad, Telangana, India
E-mail: dora@nanosurf.com
4. Name: Dr. Priyabrat Dash
Designation: Associate Professor
Contact details:
Department of Chemistry, National Institute of Technology Rourkela, Sundargarh,
Odisha, India - 769008
E-mail: dashp@nitrkl.ac.in

128
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 2017: Constitutional Law- I
(Sem. 03/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description: This course aims atintroducingthestudenttoseveralmethodsofconstruing


the meaning of constitutional provisions and demarcates theirstructure and functions. The
course further encompasses the nature and power soft the Parliament thePresident, the Court
sand the interplay of these authorities with each other, and the State government.It elaborates
the federalnature of theConstitution,the distribution of powers, the devolutionof power as
well as decentralization of the same.

2. Learning Objectives:

7. Tosystematicallyanalyze,synthesize,andapplypoliciesderivedfromcritical-
analyticreasoningoverselectedportionsoftheIndianConstitution.
8. Toarticulateopinionsonsignificant,vital,controversialandcurrentconstitutionalissues.
9. Toexaminethehistoricalevolutionofconstitutionaldoctrines,standards,andtests.
10. Tounderstandcontemporaryjudicialthinkingintheeraofjudicialactivism.
11. To understand the constitutional provisions governing legislative,administrative and
fiscal relations between center and state
12. To understand the contemporary constitutional challenges and issues that are being
faced by our citizens today.
3. Teaching Learning Methodology : The methodology will be a combination of: Case-
Study method, Lecture Method, Socratic Method, Project Assignment and Class Discussions.
In addition to case laws and study materials in the text format, video clippings and Arts. from
authentic websites.

MODULE I-CONSTITUTION OF INDIA:GENERALCONCEPTS

This module is an introduction to the Constitution of India. It delves into the history of
framing the Constitution, features, importance of Preamble. It also covers the reorganization
of States, Union Territories and recent issues regarding Article 35A.

UNIT-1:THE CONSTITUENT ASSEMBLY & THE CONSTITUTION OF INDIA

1. Constitution-the Fundamental Law of the Land.: Significance, Features


1.1.1 The Constituent Assembly: Structure, Features, Composition, Importance
1.1.3. Essential Features and the Preamble to the Constitution.

UNIT-2:THE UNION AND ITS TERRITORY

129
1.2.1. The Union, its Territory and the Recent Reorganization of States

1.2.2 Recent Challenges on States Reorganization: Reorganization of Jammu & Kashmir.

Course Takeaway: At the end of this module, students will be able to grasp the essential
features of the Constitution, its history and its significance in understanding the
Constitutional provisions covered in later modules.

No. Of hours: 8 hrs.

MODULE II - THE EXECUTIVE

Introduction : This module introduces the reader to the structure, powers, functions,
composition of the Executive in India and their relationship with other organs.

2.1. ExecutiveStructures:Presidentialvs.Parliamentary formofGovernment


2.2. Executive’sresponsibilitytothelegislature
2.3. President&Vice-President:Electionandremoval; powers, functionsandimmunity
2.4. Governor:Appointment,powers, functions andimmunity
2.5. Role of Governor and relationship with State Legislative Assemblies in a democracy
2.6. The Union Council of Ministers (Arts. 74-75): State Council of Ministers (Arts. 163-
164); Relationship of the President/Governor with the Council of Ministers (Arts. 74,
75, 77, 78, 111, 102, 103(2), 217(3), 163).

2.7 Recent Issues and Challenges regarding the Executive: Parliamentary Check upon the
Executive.

Course Takeaway- At the end of this module, the student will be able to understand the
entire executive structure, their functions and relationship with other bodies, as envisaged in
the Constitution of India.

No. Of hours: 14 hrs

MODULE III -THE LEGISLATURE

Introduction:This module discuss about the legislative powers, composition and its working.
This module also talks about the privileges, qualification and other important aspects related
to legislature. This module also discuss as to how the Executive at times perform legislative
functions and what are the restrictions and limitations on those powers.

3.1. Legislature: Constitution [Arts. 79, 168], composition [Arts. 80,81,170 171], duration
[Arts. 83, 172], summons [Arts. 85(1), 174(1)] , prorogation [Arts. 85(2)(a), 174(2)(a)],
dissolution [Arts. 85(2)(b), 174(2)(b)]

130
3.2. Membership: Qualifications [Arts. 84, 173] and disqualifications [Arts. 102, 191]

3.3. Legislative Privileges(Arts. 105 & 194), Procedures in Legislature (Arts. 107 - 122, 196 -
212) & [Parliament’s Constituent Power (Arts. 13(4), 368) - Abrogation of Art. 370: Can the
President act without the recommendation of the constituent assembly?]

3.4. Legislative Powers of the Executive (Ordinances): Conditions of promulgation;


Ordinance under Arts. 13(3), Validity of successive promulgation (Arts. 123, 213)

Course Takeaway- At the end of this module, the student will be able to understand the
working of the Union and State Legislature

MODULE IV: JUDICIARY

Introduction:This module deals with the role of Judiciary in our country. Being the 3rd most
important organs of the country, it has been vested with the power related to adjudications of
the legal issues which arise in the country. This module will be discussing the powers,
functions and structuring and functioning of the Judiciary.

UNIT 1: UNION AND STATE JUDICIARY:

4.1.1. The Role of the Judiciary; The Union Judiciary- The Supreme Court of India(Arts.

124-147): Constitution, Appointment & removal of Judges; The High Courts in the

States(Arts. 214-231).

UNIT 2: JURISDICTION OF SUPREME COURT:

4.2.1. Jurisdiction of the Supreme Court & the High Courts: Original Exclusivejurisdiction
(Arts. 71, 131) Original Concurrent jurisdiction of Supreme Court & High Court (Arts. 32,
226); Appellate jurisdiction (Arts. 132-135); Enlargement of jurisdiction (Art. 138); Binding
nature of the law declared by the Supreme Court (Arts. 141-142); Advisory jurisdiction (Art.
143) [Executive Judiciary: A Future Prospect of Art. 142].

4.2.2. The Court of Record (Art. 129)

4.2.3. Special Leave Petition (Art. 136)

4.2.4. Review jurisdiction (Art. 137) and Curative petition

4.2.5. Pardoning power of the President & Governor [Arts. 72, 161]

4.2.6. Writs - Habeas Corpus, Mandamus, Prohibition, Quo Warranto, & Certiorari

Course Takeaway- At the end of this module, the student will be able to understand the
working of the Indian Judiciary and appreciate the role of the Indian Judiciary in ensuring the

131
protection of the rights and interests of the Indian citizens and ensuring constitutionality of
the laws and constitutionalism in our country.

No. of hours: 10

MODULE V-ADMINISTRATIVE RELATIONS BETWEEN UNION AND THE


STATES

Introduction: This module deals with the division of power between the state and federals
units. It deals with the concept of Cooperative Federalism and also how the other interstate
issues are taken up. This module is dedicated to the federalism and its essence.

5.1- Obligation of the States and the Union (Article 256)


5.2- Directives of Union over States (Article 257)
5.3- Delegation of Union’s Function to the States (Articles 258, 258 A)
5.4- Co-ordination between States (Article 263) [Co-operative Federalism]
5.5- Inter-Governmental Co-operation in Solving Administrative Problems
5.6- Immunity of Instrumentalities (Article 257 ‘not to impede’)
5.7- Inter- State Water Disputes (Article 262)

Course Takeaway- At the end of this module the students will be able to understand the
concept of Federalism and Co-operative federalism. The students will be able to identify the
functions of List laid down in 7th Schedule and its role in determining administrative
relations.

No. Of hours: 14 hrs

MODULE VI- FINANCIAL RELATIONS BETWEEN UNION AND THE STATES

Introduction:This module serves dual purpose, it discusses the division of revenue, interstate
trade and commerce, along with that it deals with the local self-government. Apart from this
this module also discuss about the governments liability arising out of Contracts.

Unit 1

6.1- Revenue Generation-Tax (Article 265, 268-270),Grant (Article 275), Borrow


(Articles 292,293)
6.2- Consolidated fund, with drawl (283 onwards)
6.3- Commission- Finance Commission (Article 280), Planning Commission NITI Ayog,
GST Council and 100th Amendment Act
6.4- Inter State Trade and Commerce (Article 301-307)

132
6.5- Immunity of Instrumentalities (Articles 285-289)

Unit 2

6.6- Local Self Government- Panchayats (Articles 243- 243 O), Municipalities (Article
243P- 243 ZG)
6.7- Miscellaneous- Succession to Property, Governmental Liability, Tort, Contract, Act
of State, State bound by statute

Course Takeaway- At the end of this module, the student will be able to understand how the
revenue is shared between the centre and state, the role of local self-government in the
countries administration.

No. Of hours: 14 hrs

6. Case References:

1. In re Berubari Union & Exchg. Of Enclaves, AIR 1960 SC 845


2. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
3. S.R. Bommai v. Union of India, AIR 1994 SC 1918
4. K.M. Nanawati v. State of Bombay AIR 1961 SC 11
5. Jaya Bachan V. Union of India (AIR 2006 SC 2119)
6. Kihota Hollohan v. Zachillu AIR 1993 SC 412
7. Kuldip Nayar v. Union of India (2006) 7 SCC 1
8. SC Advocates on Record Association v. Union of India (2016) 5 SCC 1
9. State of Bombay v. RMDC, AIR 1957 SC 699
10. Cauvery Water Disputes Tribunal, Re (AIR 1992 SC 522)

7. Books

1. V.N.Shukla,ConstitutionofIndia,Eastern Book Agency,2014


2. M.P.Jain,Indian ConstitutionalLaw, EighthEdition,LexisNexis,2018
3. UdayRajaRoy,ConstitutionalLawI,Eastern BookCorporation, 2016
ARTICLES
1. Dam, Shubhankar, President's Legislative Powers in India: 2½ Myths (June 11, 2011).
Oxford University Commonwealth Law Journal, Vol. 11, No. 2, 2011,

2. Peter Gerangelos, The General Executive Power of the Union of India and the
Commonwealth of Australia: A Comparative Analysis, 32 NAT'l L. Sch. INDIA REV. 136
(2020)

3. P. N. Bhagwati & C. J. Dias, The Judiciary in India: A Hunger and Thirst for Justice, 5
NUJS L. REV. 171 (2012).

ADVANCE READING (TEXTS BOOKS, ARTICLES AND COMMENTARIES

1. D.D. Basu, Introduction to the Indian Constitution of India, Prentice Hall of India

133
PrivateLtd.,NewDelhi,1994
2. H.M.Seervai, ConstitutionalLawofIndia, UniversalLawPublishingCo.,Reprint,2013
3. Glanville Austin, Indian Constitution-Cornerstone of the Nations, Oxford University
Press,1999
4. P.M.Bakshi,TheConstitutionofIndia,Universal LawPublishingCo.,2014
5. A.V.Dicey, An Introduction to the Study of the Law of the Constitution, Universal
LawPublishingCo, 2013.
6. V.DSebastian.LegislativeConflicts (Academy of Legal Publications, Trivandrum,
1980)

Skill Component:

ModuleS Skill ComponentS

MODULE-1 Debate in the manner constitutional


CONSTITUTIONOFINDIA:GENERALCON assembly did on delimitation of
CEPTS Constituency.

Module 2: THE EXECUTIVE Debate on the forms of government and


the real/ titular head of state.

Module 3- THE LEGISLATURE Debate and Discussion on the


Parliamentary composition, procedures
and privileges.

A detailed analysis of the jurisdiction,


Module 4- JUDICIARY powers and responsibilities of the Indian
Judiciary as the guardian, final
interpreter and protector of our
constitution and constitution values
embedded in it.

An research based analysis with other


Module 5- ADMINISTRATIVE RELATIONS federal nations and their approach and
BETWEEN UNION AND THE STATES method of power sharing. The
jurisdictional discussions related to
inter-water dispute and matters
concerning the same.

MODULE VI- FINANCIAL RELATIONS Discussion and debate on procedure and


BETWEEN UNION AND THE STATES methods adopted in passing of GST bill,
3-tier system of government and also
framing of government contract.

134
RESOURCE PERSONS:

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. 1- Prof. Dr. NALSAR
Faizan Mustafa
2. K.L Bhatia Professor of
Eminence, Jammu.
3. Prof. Bhawat 2- (Former VC of
Kumar DSNLU)
4. Vikramjit 3- (Solicitor
Banerjee General of India)

5. Abhinav Thakur Delhi University


6. Tony George 4- (Jindal Global
Law School)

Dr. Uday Shankar Professor , IIT Email: uday@rgsoipl.iitkgp.ac.in


Kharagpur,
RGSOIPL
International
Sl. Name: Contact Details
Nos.
1. 1- Tarunabh Khaitan E-mail- tarunabh.khaitan@law.ox.ac.uk

2. 2- Dr. Glen T. Martin F-mail- gmartin@earthconstitution.world

135
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 2019: LAW OF CRIMES
(Sem. 03/Paper-02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description: The students during this semester with the aid of this paper shall
come to know about the various principles of legality, stages required in commission of a
crime and the jurisdictional ambit of the Code. That shall be followed by dealing at depth into
the various specific offences relating to body, property, offences involving group liability
amidst others to give a fair understanding of the essential ingredients that constitute such kind
of crimes.
2. Learning Objectives:
1. To examine the historical development and the philosophical underpinnings that has
pervaded criminal law;
2. To introduce in brief the historical background and its subsequent development that led
to the codification of Indian law and its implication on the criminal justice
administration;
3. To analyze the sentencing aspect pertaining to the crimes committed;
4. To know the essential elements constituting crime against person, property, group
liability and jurisdictional issues;
5. To articulate the differences between Indian Law and English law ;
6. To analyse and debate decisions of key cases and understand the basic concepts of
criminal law;
3. Teaching Learning Methodology:
The teaching methodology that shall be adopted in this paper is a combination of:

1. Classroom based discussion, deliberation and debate over a topic or a case in order to
promote and inculcate peer group exercise by exchange and intercourse of ideas,

2. Case study method involving both anatomical and physiological approaches to develop
the analytical skills of the students, and

3. Lectures.

136
MODULE 1. INTRODUCTION TO CONCEPT OF CRIME AND SUBSTANTIVE
CRIMINAL LAW
Introduction: - The module starts with the introduction to evolutionary concept of crime
where the changing pattern of definitions given by several jurists from ancient to modern will
be discussed in detail. Further, the general principles of criminal law will be discussed by
highlighting the key concepts of mens rea, actus reus with the help of case laws and
illustrations. In the later part, the focus will be on the introductory provisions of IPC, 1860
followed by definitions and principle of joint and constructive liabilities, which has been
identified as a skill component and an academic expert will be called upon to deliver lecture.
1.1. Evolution of Concept of Crime -
1.2. Meaning and Definitions of the term ‘Crime’
1.3. Fundamental Elements and Stages of Crime .
1.4. Extent and Operation of Indian Penal Code, 1860 (i.e. IPC, 1860)
1.5. Definitions under IPC, 1860
1.6. Penal Liabilities under IPC, 1860: Joint and Constructive Liability
Course Takeaway - At the end of the course, a student will be able to understand the
principles of criminal liability and other concepts of substantive criminal law along with
relevant case laws. It is also meant to enable them to articulate informed opinion over
important controversial issues in criminal law.

Number of Hours - 12
MODULE 2. OFFENCES AGAINST HUMAN BODY
Introduction:The module will start with the concept of the term ‘Homicide’ and the focus
will be on the practical difference between culpable homicide and murder where an
experience criminal law advocate will be called upon to present his views on general court
practices dealing with the above-mentioned issue. In theory part, all the important provisions
will be dealt with where the lecture will be based on the interpretation of important words and
expressions used in various sections.

2.1. Culpable Homicide and Murder (Sections 299-304B)


2.2. Hurt and Grievous Hurt (Sections 319-338)
2.3. Wrongful Restraint and Wrongful confinement (Sections 339-348)
2.4. Criminal Force and Assault (Sections 349-358)
2.5. Kidnapping, Abduction, Slavery and Forced Labour (Sections 359-374)
2.6. Sexual & Unnatural Offences (Sections 375 -377)

137
Course Takeaway - The course will provide in-depth understanding of crime causation and
its prevention and how circumstantial evidences play an important role in fixing the liability.
Number of Hours - 12
MODULE 3. OFFENSES AGAINST WOMEN AND CHILDREN

Introduction:Women and Children fall under the most vulnerable category in the society.
The Constitution of India calls through Article 15 for creating laws because they deserve
greater protections in order to account for gender and age based vulnerabilities. The Module
will focus on specific offenses violating the decency and dignity of the Women , and the
tender age of the child including Sexual offenses against women and Children , the social evil
of Domestic violence and Dowry death. The Module shall also discuss the Penal law against
infanticide which shall also cover infanticide
A:- Offences against Women
3.1 Specific Acts offending the decency of Women : Section 354, 354A-D
3.2 Rape and related Sexual Offences (Section 375, 376, 376A-E read with section 90)
3.3 Dowry death (S 304B),Cruelty against Wife by Husband and relatives of Husband
(section 498)
B. Offenses Against Children
3.4 Causing Miscarriage (Section 312 ), Injury to Unborn Child (Section 315 316),
Abandonment and Exposure of an Infant (Section 317), Concealment of Birth of a
child (Section 318)
3.5. Kidnapping from Lawful Guardianship (Section 361)
3.6 The Protection of Children against Sexual Offences Act, 2005 ( for cursory reading)
Course Takeaway -The Issues involved in this module is to understand the essential
ingredients of various offenses under Indian Penal Code. Definition of Words like Decency,
Rape, Statutory Rape, would be delved into technically . Online test will be taken in a time-
bound manner to judge the conceptual clarity & understanding of the module, where one
problem-based question and one multiple-choice question will be asked.
Number of Hours - 12
MODULE 4. SPECIFIC OFFENCES AGAINST PROPERTY

Introduction:Property is an extension of the personality of an individual. The Module covers


penalization of Offences committed w.r.t the property whether movable or immovable which
will create a deterrence on evils that plan on to infringe the rights of the other through the
provisions of Indian Penal Code, 1860.

138
1.1. Theft (Section 378)
1.2. Extortion (Section 383)
1.3. Robbery Section 390
1.4. Dacoity (Section 391)
1.5. Dishonest misappropriation of property (section 403)
1.6. Criminal Breach Of Trust (section 405)
Course Takeaway
Online test will be taken in a time-bound manner to judge the conceptual clarity &
understanding of the module, where one problem-based question and one multiple-choice
question will be asked.

Number of Hours - 12

MODULE V GENERAL DEFENCES

Introduction - The following module is an effort to provide the students with clarity in the
concept and justification behind the General Exceptions in the Indian Penal Code. The
module has been bifurcated and shall commence with the Justifiable Defenses where the
students shall be explained in detail the category of cases under which the offence committed
has a legal justification to furnish. The later part of the module shall deal with Excusable
defenses which shall delve further Chapter explaining lack of necessary mens rea by reason
or bona fide mistake as to existence of a fact or by the reason of accident or Incapability for
which the accused may be absolved of criminal liability.

5.1. Justifiable Defenses


5.1.1. Judicial Act (Section 77 and 78)
5.1.2. Necessity (Section 81)
5.1.3. Consent (Section 87 – 89 and 92)
5.1.4. Private Defense (Section 96-106)
5.2. Excusable Defenses
5.2.1. Mistake of fact (Section 76 and79)
5.2.2. Accident (Section 80)
5.2.3. Infancy (Section 82, 83)
5.2.4. Insanity (Section 84)
5.2.5. Intoxication (Section 85-86)

139
Course Takeaway - - Students will be able to understand and describe areas of criminal
justice, law and society through a critical analysis of the subject

Number of Hours - 10
MODULE VI. INCHOATE OFFENCES

The module will start with the concept of Inchoate Offences and shall explain the criminal
liability of such followed by discussions on Abetment and Criminal Conspiracy. The last part
of the module shall entail an in depth discussion on Criminal Attempt where the general
principles of crime commission may be reiterated. The students shall have class based
discussion regarding attempt and preparation to sharpen their analytical view point on the
concept.

6.1. Conceptualizing Inchoate Offenses


6.2. Abetment (Section 107- 120)
6.3. Conspiracy (Section 120A)
6.3 Attempt (Section 511) (Skill Component)

Course Takeaway - Analyze lacunas within the criminal justice system and suggest the
amendments have to make to provide the justice according to the changing needs of the
society.

Number of Hours - 10 (9 hrs. Lecture on theory and skill component + 1hr. Tutorial)

5. Case References
1. State of West Bengal v Shew Mangal Singh 1981 CrLJ 1683: AIR 1981 SC 1917

2. State of Orissa v. Khora Ghasi , 1978 Cr LJ 1305 (Ori)

3. Basdev v. State of Pepsu, AIR 1956 SC 488

4. Gopinath Ghosh v. State of West Bengal, AIR 1984 SC 237

5. Queen v Dudley and Stephens, (1884)14 QBD 273

6. R v Daniel M’Naghten (1843) 8 Eng Rep 718 HL

7. Abhayanand Mishra v State of Bihar , AIR 1961 SC 1698

140
8. R v Taylor , 1895 I F & F 511

9. Malkiat Singh v State of Punjab AIR 1970 SC 713,

10. R v Shivpuri , [1986] 2 All ER 334 (HL)


Books
1. Rattan Lal and Dhiraj Lal, Indian Penal Code, Lexis Nexis.
2. S.N. Misra, Indian Penal Code, Central Law Publications
Articles
1. Alexander,L. Kessler,K.D. (1997) Mens Rea and Inchoate Crimes, 87 J. Crim. L. &
Criminology 1138

2. Kilara, A. (2007). Justification and Excuse in the Criminal Law: Defences Under the
Indian Penal Code. Student Bar Review, 19(1), 12-30. Retrieved from
http://www.jstor.org/stable/44308348
3. Marcus, Paul,(1977)"Conspiracy: The Criminal Agreement, in Theory and in
Practice" Faculty Publications. 558. https://scholarship.law.wm.edu/facpubs/558.

4. Singh, M. (1991). LAW RELATING TO ATTEMPTS: NEED FOR A FRESH


LOOK. Journal of the Indian Law Institute, 33(3), 395-409. Retrieved from
http://www.jstor.org/stable/43951375.
5. Constantin, S. (2019). Concept of Crime in Modern Criminal Doctrine. Conferinta
Internationala de Drept, Studii Europene si Relatii Internationale, 2019, 203-210.

6. Kramer, R. C. (1985). Defining the concept of crime: humanistic perspective. Journal


of Sociology and Social Welfare, 12(3), 469-487.

7. Vitko, O. O. (2012). Object of crime concept. Juridical Science, 2012(2), 95-100.

8. Stanley, Yeo. (2008). Common Intention in The Indian Penal Code: Insights from
Singapore. Journal of the Indian Law Institute, 50(4), 640-655.

Advance Reading (Text Books, Articles and Commentaries)


1. Kenny's : Outlines of Criminal Law
2. Nigam, R.C. : Law of Crimes in India, Vol. I
3. Russel : On Crime, 12th Edn., Vol. I
4. H.C. Gour’s Indian Penal Code
5. K.L. Vibhuti
6. A. Pallai

141
Skill Components

Module No. Topic Skill Components

1. Joint and Fixing joint and constructive liability is an


Constructive important lawyering skill which has to be
Liability discussed from practical aspects. The important
concept of common intention and common object
would be discussed by an expert having command
over principles of criminal law.

2. Culpable The most important challenge faced by criminal


Homicide & lawyers is to prove the difference between culpable
Murder homicide and murder. In this respect, how the
circumstantial evidences are presented before the
court to decide the culpability and liability are
needed to be discussed from practical perspective.

3. Sexual Offences Critical Thinking and Decision Making, Exercise


of proper professional and ethical responsibilities
in cases of Sexual Assault and Offenses against
Children, Case Analysis and Management
Application of Legal Codes & Procedures,
Developing Hypotheses for Criminal Justice
Research, Researching Legal Precedents, Research
Techniques for Criminal Justice, Advocacy and
Practice: Offenses against Women and Children.
4. Dishonest Critical Thinking and Decision Making, Exercise
Misappropriation of proper professional and ethical responsibilities
and Criminal in cases, Case Analysis and Management
Breach of Trust Application of Legal Codes & Procedures,
Developing Hypotheses for Criminal Justice
Research, Researching Legal Precedents, Research
Techniques for Criminal Justice, Advocacy and
Practice: Offenses against Property

142
5. Defences under Taking a defence is an art and it is needed to have
IPC a deep understanding of skill of defending accused
who is presumed to be innocent until proven
guilty. An expert’s view is required.
6. Attempt There are several kinds and principles attached
with the attempt as an important stage of crime.
These principles can be better understood with the
help of latest case laws on this point and it can be
well explained by experts.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Kumar Askand Associate Mob. No. –9919493369; email id -
Pandey Professor, Dr. ka_pandey@rmlnlu.ac.in
RMLNLU,
Lucknow
2. Prof. (Dr.) Registrar, National 1. Mob. No. – 8392939345; email id –
Yogesh Pratap Law University, registrar@nluo.ac.in
Singh, Cuttack, Odisha;
3. Dr. Anuragdeep Associate 2. Mob. No. – 9654629241; email id –
Professor, Indian anuragdeep@ili.ac.in
Law Institute, New
Delhi;
4. Prof. (Dr.) Former Vice- 3. Mob. No. – 9453000077; email id –
Balraj Chauhan Chancellor, profbalrajchauhan2012@gmail.com.
Dharmashastra
National Law
University,
Jabalpur, M.P.;

143
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 2021: :LAW OF TORTS (Including Motor Vehicle Act and Consumer Protection
Laws)
(Sem. 03/Paper-03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

The course seeks to familiarize the students with the nature and extent of liability of the
private enterprises, multinationals and the government authorities for the wrongs committed
against the individual and their property, and to develop sound knowledge, skills and
disposition amongst students.

2. Learning Objectives:

 Understanding the nature and extent of liability of the private enterprises, multinationals
and the government authorities for the wrongs committed against the individual and their
property, and to develop sound knowledge, skills and disposition.
 Having an insight into a comprehensive understanding of the law of torts.
 Analyzing legal problems, have apt solutions and reasoned arguments towards the
intricacies involved in such analysis.
 Acquainting with the fundamental principles of tortious liability, both statutory and
common law.
 Having awareness regarding main defences and remedies available to parties to a claim
in tort.
 To have a know how of the statutory provisions of the Consumer Protection Act, 1986
and Motor Vehicles Act,1986

3. Teaching Learning Methodology:

This course will be taught by a combination of:

 Lecture Session
 Group Discussions
 Quiz
 Case Study
 Judgment Reading
 Case law – Research
 Presentations

144
MODULE – I: DEFINITION AND NATURE OF THE LAW OF TORT AND
LIABILITY FOR THE WRONG COMMITTED BY OTHER PERSON

Introduction:The following module shall help the students have a clarity regarding the
nature and extent of torts and its distinction from Crime and the extent of Tortious liability.

1.1 Definition & nature of the law of torts, Development of Law of Tort (Theory)
1.2. Distinction with Crime; India - principles of justice equity and good conscience.(Theory)
1.3.Basis of the tortuous liability; Basic legal maxims for Determination of liability: Ubi jus
Ibi remedium, Injuria Sine Damnum and Damnum Sine Injuria (Theory)
1.4. Who may sue- aggrieved individual- class action – social action group –Who may not be
sued.(Theory)
1.5. Principle of Vicarious Liability and its basis. (Theory)
1.5.1. Master and Servants,
1.5.2. Principle and Agent
1.5.3. Partners of a firm
1.5.4. State’s Liability: Doctrine of Sovereign Immunity in reference to the Crown
Proceedings Act 1947, Federal Torts Claims Act 1946 and Article 300 of the
Indian Constitution.
1.6. Joint Tort Feasors, joint and several liabilities in payment of damages.(Theory)

COURSE TAKEAWAY

1. Discussion on illustrations and case laws

2. Weekly assignment on Problem - based questions

3. Weekend Multiple Choice Questions through google form.

NUMBER OF HOURS : 8

MODULE – II: NEGLIGENCE

Introduction:In this module indepth discussion shall entail with respect to the concept of
Negligence as a dimension of Tort.

1.1. Negligence as a tort and its various dimensions(Theory)

145
1.2. Professional Negligence, psychiatric damage; economic loss. Foresight of harm as test of
the existence of negligence, Proximate Cause and Intervening cause, concurring negligence
of the third person.(Theory)
1.3. Contributory Negligence, Last Opportunity Rule, Res Ipsa Loquitur.(Theory)
1.4. Distinction between Negligence and Recklessness.(Theory)
1.5. Injury Caused by Plaintiff’s negligence and Injury Caused by Defendant’s
negligence(Theory)
1.6. Concurring Contributory negligence, Representation in Contributory Negligence and
Imputed Negligence.(Theory)
COURSE TAKEAWAY

4. Discussion on illustrations and case laws

5. Weekly assignment on Problem - based questions

6. Weekend Multiple Choice Questions through google form.

NUMBER OF HOURS : 8

MODULE – III: Liabilities based on fault

Introduction:The present module shall discuss the concepts of strict and absolute liability
and help the students accentuate their analytical discussion regarding the tortious liability of
the tortfeasor.

3.1. No fault liability (Theory+Skill)

3.1.1. Strict Liability

3.1.2. Absolute Liability

3.2. Immunity of persons from Liability

COURSE TAKEAWAY

7. Discussion on illustrations and case laws

8. Weekly assignment on Problem - based questions

9. Weekend Multiple Choice Questions through google form.

NUMBER OF HOURS : 8

146
MODULE – IV:General Defenses for the Tortious Liability

Introduction:In this module the students will have the awareness regarding main defences
and remedies available to parties to a claim in tort.

4.1. Volenti non fit injuria (Theory+skill)


4.2. Vis Major (Act of God); Inevitable Accident; Mistake (Theory)
4.3. Necessity; Private Defence((Theory+Skill)
4.4. Statutory Authority(Theory)
4.5. Judicial and Quasi Judicial; Parental and Quasi- Parental Authorities.(Theory)
4.6 Act of Third Parties; Plaintiff’s Default(Theory)
COURSE TAKEAWAY

I. Discussion on illustrations and case laws

II. Weekly assignment on Problem - based questions

III. Weekend Multiple Choice Questions through google form

NUMBER OF HOURS :8

MODULE – V: Torts Against Human Being and Remoteness of Damage

The following module shall have detailed discussion on the concept on defamation and its
types through the perspective of Tort. The Later part of the module will share insights on
Various principles for fixing the liability and to ascertain the damages for the wrong
committed.

5.1. Defamation. Freedom of Speech and Expression and liability for Defamation in the civil
and criminal law, (Theory)

5.1.1.Different branches of Defamation: Libel, Slander and hybrid types of the Defamation;

5.1.2.Defamation in Blogs & Cyberage; Privilege, fair Comment and Criticism, malice and
right of privacy(Skill).

5.2. Remoteness of Damage (Theory)


5.2.1.Various principles for fixing the liability and to ascertain the damages for the wrong
committed viz
5.2.2.“But for Test”, “Directness Test” (In Re Polemise Case) and
5.2.3. the “Doctrine of Reasonable foresight” (The Wagon Mound Case).

147
COURSE TAKEAWAY

1. Discussion on illustrations and case laws

2. Weekly assignment on Problem - based questions

3. Weekend Multiple Choice Questions through google form

NUMBER OF HOURS : 6

MODULE – VI: Statutory Tort

Introduction The last module shall make the students aware regarding the statutory
provisions of the Consumer Protection Act, 1986 and Motor Vehicles Act,1986 incorporating
the latest amendments.

6.1.Consumer Protection Act, 1986 (Theory+skill)

6.1.1. Concept of Consumer- Whether statutory and government services has to be included:
Definition as provided under the Act. Theory

6.2.Motor Vehicles Act, 1988-(Theory+skill)

6.2.1. Liability without fault,Insurance of Motor Vehicles and Claims Tribunal.

COURSE TAKEAWAY

1. Discussion on illustrations and case laws

2. Weekly assignment on Problem - based questions

3. Weekend Multiple Choice Questions through google form.

NUMBER OF HOURS : 6

5. CASE REFERENCES

 Ashby v. White (1703)2 LR 938


 Gloucester Grammer School case (1410) YB 11 Hen IV Fo 47.
 Donoghue v. Stevenson, 1932,AC 562
 Reyland v. Fletcher (1868) L.R. 3 H.L. 30
 Bhim Singh v. State of Jammu & Kashmir AIR 1986 SC 494
 State of Rajasthan v. Vidyawati Devi AIR 1962 SC 933
 Peninsular and Steam Navigation Co. Secretary of State for India (1861) 5 Bom. H.C.R.
App. 2

148
 Municipal Corporation of Delhi v. Subhagwati AIR 1966 SC 1750
 Union Carbide Corprn v UOI AIR 1990 SC 273
 Hall v. Brookland Auto Racing Club (1932) All.E.R 208

6. Books

 Ratanlal & Dhirajlal, The Law of Torts (1997), Universal, Delhi.Law 38

 P.S.Achuthan Pillai, The Law of Tort (1994) Eastern, Lucknow

ARTICLES

 The Role of Negligence in Modern Tort Law, John G. Fleming,Virginia Law Review, Vol.
53, No. 4 (May, 1967), pp. 815-846
 A Theory of Strict Liability, Richard A. Epstein, The Journal of Legal Studies, Vol. 2, No. 1
(Jan., 1973), pp. 151-204
 Tort and Absolute Liability: Suggested Changes in Classification, Jeremiah Smith, Harvard
Law Review, Vol. 30, No. 3 (Jan., 1917), pp. 241-262
Advance Reading :
 Salmond and Heuston - On the Law of Torts (2000) Universal, Delhi.

 Winfield and Jolowiz on Tort (1999), Sweet and Maxwell, London.

 D.Basu, The Law of Torts (1982), Kamal, Calcutta and Ratanlal & Dhirajlal,

 The Law of Torts (1997), Universal, Delhi.Law 38

 Avtar Singh, The Law of Consumer Protection: Principles and Practice (2000), Eastern
Book Co., Lucknow

 Saraf, D.N., Law of Consumer Preotection in India (1995), Tripathi, Bombay

 The Anatomy of Tort Lawby Peter Cane


 Tort Law: A Modern Perspectiveby Keith N. Hylton
 Tort Lawby Daniel J Baum

 D.M.Gandhi, Law of Tort (1987), Eastern, Lucknow


 J.N.Barowalia, Commentary on Consumer Protection Act 1986 (2000), Universal, Delhi.
 Hepple and Mathews- Tort: Cases and Materials
 Baxi Upendra and Danda Amita- Valiant victims and Lethal Litigation-The Bhopal Case.

149
Skill Component:

Module Skill Component

Module 1: DEFINITION AND NATURE


OF THE LAW OF TORT AND Acquainting students with the concepts and
LIABILITY FOR THE WRONG inculcating analytical skills
COMMITTED BY OTHER PERSON

Module 2: NEGLIGENCE
Acquainting students with the concepts and
inculcating analytical skills

Module 3: LIABILITIES BASED ON To aquaint students with the concept and


FAULT application of No fault liability with reference
to recent cases.

Module 4: GENERAL DEFENSES FOR


THE TORTUOUS LIABILITY To make the students familiar with the
defences applicable against tortious liability.

Module 5: TORTS AGAINST HUMAN Sharing insights on the concept of defamation


BEING AND REMOTENESS OF in the cyber fora
DAMAGE

Module 6: STATUTORY TORT Critical evaluation regarding the remedies


available to parties to a claim in torts and
application of Statutory torts.

List of Resource Persons Identified for skill Components.

1. Prof. N.K.Chakrabarti, Vice Chancellor, The WB National University of Juridical Sciences


E-Mail: vc@nujs.edu

2. Ms. Amrita Jha, Assistant Professor, Vivekananda Institute of Professional Studies, Delhi,
E-mail: amritajha93@gmail.com

3. Ms. Sonal Singh, Assistant Professor, National Law University Odisha, Cuttack.

4. Mr. Prabhu Prasanna Behera, Advocate, Odisha High Court. Email:


prabhuprasanna89@gmail.com

150
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B
LW2111: Explorations in Social Inequalities
(Sem. 03/Paper-04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

2. Course Description:
The present paper explores the patterning of inequality and its relentless effects on the
lives of those who experience it. All of us live within persisting relations of unequal
power, status, or economic resources which in sociological literature comes within the
purview of social stratification. These inconsistent relations surround and constrain
us, providing the context of our interactions, inevitably affecting the choices we make
in life.

3. Learning Objectives:
a) To explore the different forms /systems of social inequalities or more so in
sociological vocabulary social stratifications that exist in the society. These include
inequalities between social classes, gender, different ethnic groups, educated and
uneducated and further deeper divisions between the center and the periphery in
global systems.

b) To assess how poverty results in social exclusion and global inequality

c) To study gender inequality with special reference to homosexuality, prostitution


and gender discrimination at the workplace

d) To explore how education elicits social inequality whereby children become the
victims.

e) To examine a new dimension of social inequality that permeates through


Information and Communication Technologies (ICTs).

4. Teaching Learning Methodology :


The instructions will be provided basically by lecture method and class room
discussions. Emphasis will be laid to develop an appreciation for empirical research.
Students will be taught how to collect information about social phenomena through
secondary data. Presentations on topics related to the social inequalities will be
encouraged to develop sociological discussions and arouse debating skills.

151
Module 1: Social Stratification
Introduction: Social Stratification is a universal social phenomena. It has its
implications in every society across time and space.
1.1. Conceptualizing Social Stratification
1.2. Forms of Social Stratification
1.3. Theories of Social Stratification
1.4. Merits and demerits of Social Stratification
1.5. Social Mobility

Course Takeaway: Awareness about the different levels of social stratifications and
their social implications, merits and demerits.

No.of Hours: 12

Module 2: Poverty, Social Exclusion and Welfare

LW2111: Explorations in Social Inequalities (Sem. 03/Paper-01)

Introduction:The social evil of poverty affects the lives of still a many. It acts as an
obstacle to individual and social progress notwithstanding the importance of basic
rights and duties.

2.1. Definition of Poverty

2.2. Measuring and Explaining Poverty

2.3.Poverty and Social Mobility

2.4. Social Exclusion

2.5. Theories of the Welfare State

Course Takeaway: Understanding the dimensions of poverty, social exclusion and


welfare from a global perspective.

152
No.of Hours:12

Module 3: Global Inequality

Introduction:Inequality persists not just within a nation state but also across nation
states. The tagging of countries on the basis of their economic status obliterates the
historical background of each nation and tries to put forth a universal categorization.

3.1. Global Economic Inequality

3.2. Life in rich and poor countries

3.3. Theories of Development

3.4. Can poor countries become rich?

3.5. World Population Growth

Course Takeaway: Identifying the categorization of nations and also analysing their
development from theoretical perspectives.

No.of Hours: 12

Module 4:Race, Ethnicity and Inequality

Introduction: Racism is a serious attack on the rights of an individual. It is a curse and a


social evil which needs to be wiped off from the mindset of the people and the society.

4.1. Conceptualising race and ethnicity


4.2. Prejudice and discrimination
4.3. Ethnic integration, diversity and conflict
4.4. The cultural ideology of racism and Institutional racism
4.5. Exploring racism in the digital era

Course Takeaway: Exploration of racism and ethnicity across the globe.

No. of Hours:12

Module 5:Gender and Inequality

Introduction: Gender is a significant dimension of inequality. It is universal and has


evoked movements all across the globe for equal rights for all.

153
5.1. Perspectives on Gender Inequality
5.2. Gender Inequality in family and workplace and digital society
5.3. Sexual Orientation and Homosexuality
5.4. Human Trafficking and prostitution
5.5. Analysis of crime data statistics on violence against women

Course Takeaway: Invoking conversation on the marginals because of their sexual


orientation or practices.

No. of Hours:12

Module 6: Children as Victims of Inequality

Introduction:Children suffer from inequalities for their economic status. Respecting the
rights of the child is still not a common practice among the people. They are suppressed,
imposed and exploited for their innocence and vulnerability.

6.1. Rights of the Child


6.2. Causes and factors of inequalities on children
6.3. Theories of schooling and inequality
6.4. Child Labour
6.5. Exploring Inequality through education with special reference to ICTs and digital
divide

Course Takeaway: Appraisal of the rights of the child

No. of Hours:12

CASE REFERENCES

BOOKS

1. Anthony Giddens, 2006. Sociology, 5th Edition, Polity Press, Chapters 9,10,11,12,13
and 17.
2. Anthony Giddens, 2009. Sociology, 6th Edition, Polity Press, Chapters 14,15 and 19.
3. Anthony Giddens. Sociology, 7th Edition, Polity Press.
ARTICLES

(1) RAR1Wendy Bottero, 2005. Stratification: Social Divisions and Inequality, Routledge,

154
Chapters 7

(2)Teela Sanders, Maggie O Neill, Jeane Pitcher, 2009. Prostitution, Sex work, Policy and
Politics, Sage, Chapters 1,2 and 3

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. David B.Grusky, 2008. Social Stratification, 3rd Edition, Westview Press, Chapters
9,11,13,15,89,90
2. Davis M Newman, 2010. Sociology: Exploring the architecture of everyday life, Pine
Forge Press, Chapters 11 and 12.
3. S.T.Holmes and R.M.Holmes, 2009. Sex Crimes: Patterns and Behavior, Sage, Pg. Nos.
8-13 and 69-72
4. Ken Browne, 2005. An Introduction to Sociology, 3rd Edition, Polity Press, Chapters
2,6.
5. Mary Romero and Eric Margolis, 2005. The Blackwell Companion to Social Inequalities,

Blackwell Publishing, Chapters 10 and 22

9. Skill Component
Module Skill Component

Module 1 Developing skill in Group Discussion on


Social Stratification in India

Module 2 Learning to Critically Appraise Global


Issues of Inequality.

Module 3 Comparative analysis of dimensions of


inequality among nation states with special
reference to economy.

Module 4 Estimate the levels/parameters of


institutional racism, ethnic integration and
ethnic conflict in different parts of the world.

Module 5 Know how on Legal status of homosexuality


and prostitution in India

Module 6 Empirical understanding of Digital divide in


children’s education

155
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl.
Nos.
1. Dr.Suchismita Head, Dept of Sociology, Email:srypauls25@gmail.com
Ray Paul Jogamaya Devi College,
Kolkata

2. Dr. Dibyendu Head, Dept of Sociology, Email.: rudra_18@yahoo.com


Ganguli, Bijoy Krishna Girls
College, Howrah,
3. Ms. Ruchira , Assistant Professor in Email:
Goswami Sociology, WB NUJS, ruchira.goswami@gmail.com

4. Dr.Maria Sasitha Dept of Sociology, Stella Email: jsasitha@gmail.com


Maris College, Chennai.
International
Sl. Name: Affiliation Contact Details
Nos.
1. Prof. Jose Vicente Professor of Sociology at Email:josevtavares@gmail.com
Tavares Universidade Federal de
Rio Grande do Sul, Brazil.
2. Claudia Tazreiter, 1. University of New Email: c.tazreiter@unsw.edu.au
South Wales,
Australia

156
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B
LW 2113: Financial Economics
(Sem. 03/Paper-05)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:
Financial Economics is a branch of economics that analyses the use and distribution
of resources in markets in which decisions are made under uncertainty, such as stock market
and the finances of companies. The course focus equally on the theoretical frame work as
well as practical aspects of the functioning of financial markets. The course ends with a brief
introduction to corporate finance.
2. Learning Objectives: At the end of the semester, the students will be able to
i. Describe the main functions of the financial system
ii. Solve present value problems
iii. Derive key financial formulas
iv. Explain how the stock and bond markets operate
v. Explain the major features of stocks and bonds
vi. Articulate the major trends and patterns in the financial markets and explain
how the futures as well as options markets operate.
3. Teaching Learning Methodology:
The teaching methodology that shall be adopted in this paper is a combination of the
following methods;
i. Lecture method (online & classroom mode):Lectures will consist of covering
the theory, examples, and class discussion. Homework assignments will focus
on applying the material from lectures.
ii. Problem solving
iii. Graphical representation
iv. Derivation of formula
v. Class room Discussion
vi. Doubt clearing session: One class per week as ‘Tutorial’ shall be allotted for
weak students and the subject teacher shall clear the doubts as well as answer
the paper related quarries of the students.

157
Introduction:
This module provides an introduction to the content and an outline of financial
markets and institutions. It describes the special functions of FIs. This chapter also takes an
analytical look at how financial markets and institutions benefit today’s economy. It also
provides an in-depth look at interest rates, factors that determine interest rate levels, as well
as their past, present, and expected future movements.
Introduction to Financial-Economics and Theories of Rate of Interest
Sub Modules:
i. What is Financial-Economics?
ii. How it is different from pure finance and pure economics?
iii. Neo-Classical Theory of Rate of Interest (The Loan-able Fund Theory)
iv. Keynesian Theory of Rate of Interest (The Liquidity Preference Theory)
v. Modern Theory of Rate of Interest (The IS-LM Model)
vi. Present position of India with respect to liquidity
Course Takeaway:
i. Students can graphically explain the impact of change in the determinants of rate of
interest on the prevailing rate of interest.
ii. They can able to solve the problem related to financial system and interest rate
determination
Number of Hours:10 hours
Module – II: Deterministic Cash Flow Streams
Introduction:This module helps to enhance a student's understanding of real life investment
decisions. It gives a clear insight into how and when cash flows occur at different points in
time.
i. Time Value of Money: Concept of Present Value and Future Value
ii. Internal Rate of Return: Bond Prices and Yield
iii. Yield Curve
iv. The Term Structure of Interest Rates
v. Spot Rate and Forward Rate

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Course Takeaway:
i. Students’ can solve the problems related to Present Value, Future Value, Annuity,
Annuity Due, Net Present Value of an investment plan, etc.
Number of Hours: 10 hours
Module – III: SINGLE PERIOD RANDOM CASH FLOWS AND CAP, THE
CAPITAL MARKET LINE
Introduction:This module will provide the students complete and understandable ideas with
respect to capital asset pricing model, risk minimization by taking feasible combinations of
mean and variance of a portfolio etc. furthermore with the progress of the module they will
learn the theories as well as their proper application to minimize the risk factor associated
with investment plan.
i. Random Asset Returns
ii. Portfolios of Assets: Portfolio mean and variance; Portfolio Risk: Feasible
combinations of Mean and Variance
iii. The Markowitz model and the Two fund theorem; Risk Free assets and the one
fund Theorem.
iv. Capital Asset Pricing Model (CAPM): before and after pandemic
v. The beta of an asset and of a portfolio
vi. The use of CAPM in investment analysis and as a pricing formula.
Course Takeaway:
i. They can able to find out the solutions of the problem related to CAPM and
SPRCF.
ii. They can also easily solve the problems related to Single Period Random Cash
Flows
Number of Hours:10 hours
Module – IV: Foreign Exchange Market
Introduction: This module shall provide the participants a strong understanding regarding
the foreign exchange market (Forex, FX, or currency market) or over-the-counter
(OTC) market, determination of foreign exchange rates for every currency, hedging, arbitrage
etc.
i. What are exchange rates?
ii. Exchange Rates in Long Run and Short Run
iii. Hedging: Definition and Types

159
iv. Arbitrage: Definition, two point arbitrage and three Point Arbitrage or Triangular
Arbitrage
v. International Financial System: FERA and FEMA
vi. Violation of FERA and FEMA in India and laws to control it: Money laundering.
Course Takeaway:
i. They can calculate bid and ask price of different foreign currencies.
ii. They can indentify trade is possible and profitable in between two countries or not.
Number of Hours:10 hours
Module – V: Options and Derivatives
Introduction:This module concentrates on financial stability issues and identifies sources of
risk to market stability and imperfections in the underlying infrastructure.
i. Introduction to Derivatives and Options
ii. Option Market: Call and Put Options
iii. Stock index futures and Interest Rate Futures
iv. Forward and Future Contacts
v. The use of futures for hedging; duration-based hedging strategies
vi. Factors affecting option prices; put-call parity;
vii. The principle of arbitrage; Risk-neutral valuation.

Course Takeaway:
i. They can identify the differences between FI and derivative Market.
ii. They can articulate the main factors which are responsible for determining an Option's
Price or Premium.
Number of Hours:10 hours
Module – VI: Corporate Finance
Introduction: The current module deals with structure of a corporation, including its funding
and actions that management takes to increase the value of the company.
i. Patterns of corporate financing: common stock; debt; preferences; convertibles
ii. Capital Structure and the Cost of Capital
iii. Corporate Debt and Dividend Policy
iv. The Modigliani and Miller Theorem.
v. Financial contribution by corporates & by companies for the purpose of elections
in India.

160
Course Takeaway:
i. Students can calculate Earnings available to share holders and Earning per share of
any company or corporation.
Number of Hours:10 hours
CASE REFERENCES

BOOKS
Text books:
i. “Financial Economics: Theory and Practice”: Avadhani V. A. (2014).
ii. “Financial Economics”: Frank Fabozzi (2012)
iii. “An outline of Financial Economics”: Satya R. Chakrabarty(2013)
iv. “Financial Economics”: Prasana Chandra(2001)
References:
i. “Economics of Financial Markets”:Houthakker, H.S. & P.J. Williams (1996)
ii. “Fundamentals of corporate finance”: Ross. S.A, Randolph W. Westerfield,
Bradford D Jordan, and Gordon S Roberts (2005).
iii. “Principles of corporate finance”:Brealey, R., Myers, S., Allen, F., Mohanty, P.
(2013). 10th ed. Tata McGraw-Hill.
iv. “Corporate Finance: Theory and Practice”:PascalQuiry, Maurizio Dallocchio, Yann
Le Fur & Antonio Salvi (2005)
v. “Options, futures, and other derivatives”: Hull, J., Basu, B. (2017). 9th ed. Pearson
Education.
vi. “Investment science”: Luenberger, D. (2013). Oxford University Press.
ARTICLES:
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

i. “The Economics of Financial Markets Recommended Readings”: Roy Baily


(2005).
ii. “Financial Theory and Corporate Policy”: Copeland, T.E. and Weston J.F. (1988)
iii. “Futures, Options and other Derivatives”: Hull, J.M. (2003)
iv. “Quantitative Financial Economics; Stock, Bonds and Foreign exchange”: K.
Cuthbertson (1999)
v. “Arbitrage, hedging and speculation” :E. clark and Dillip K. Ghosh (2004)
vi. “International Financial Operations: Arbitrage, Hedging, Speculation, Financing
and Investment”:Imad A. Moosa (2003)
vii. “Risk Management and Financial Institutions”: John C. Hull (2012)

161
Skill Component:

Module Skill / Theories associated with modules

Module I This module will enhance the skill to identify the working structure of Financial
system as a whole

Module II This module will enhance the skill of problem solving.

Module III This module will enhance the skill to calculate and identify the risk associated with
a portfolio.
Module IV Students can learn how to protect the currency from down side risk and upside risk
associated with exchange rateby using a Forex hedge properly.

Module V It will enhance the skill of students in the area of option and derivatives markets.

Module VI This module is associated with Theories of capital structure.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details

Nos.

1. Dr. Pratap Kumar Assitant Professor jenapratapkumar@gmail.com


Jena N.O.U. Bapripada,
Mayurbhanj

2. Dr. Minati Assistant Professor minuminati@rediffmail.com


Mallick N.O.U. Bapripada, 9861186606
Mayurbhanj

International

Sl. Name: Affiliation Contact Details

Nos.

162
3RD SEMESTER
AUTUMN SEMESTER
B.A.L.L.B
LW 2115: ANATOMY OF GLOBAL POLITICS
(Sem. 03/Paper-06)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

The course “Anatomy of Global Politics” is designed to familiarize students with issues and dynamics
of international relations and global politics. It emphasizes on theories, concepts and issues essential
for further understanding of ‘International Relations’ in the changing scenario. It is an inclusive study
of different actors and institutions and their interactions in global arena to imbibe critical thinking.

2. Learning Objectives:

i. This course intends to introduce students to some of the important theoretical


approaches to the study of international relations.
ii. It is designed to ensure students have a reasonably comprehensive overview of the
major political developments during the last and present century.
iii. The course would help students to develop a broad idea of how the complexities of
international politics shape and get shaped by events worldwide.
iv. To facilitate an understanding of how global institutions and discourses influence and
shape the legal systems of a country.
v. To develop an understanding of how nations or governments act inthe international
arena and different dynamics of their interactions.
vi. This would provide students with the background to make informedjudgments about
current global issues.
3. Teaching Learning Methodology:

The teaching methodology that shall be adopted in this paper is a combination of the
following methods;
i. Lecture method: Lectures consists of covering the theory with cases.
Homework assignments will focus on applying the material from lectures.
ii. Problem solving: case study, debates, group discussions through application
of theories in different situation/ organizational operations.

163
iii. Case Study/ Case Analysis: It will provide opportunities for discussion and
exploration through student led debate/ discussions/ group discussions / case
analysis
iv. Projects / webinars / seminars with experts’ inputs.
v. The study materials will be supplemented with recent cases, journal articles
and government documents/ schemes along with audio-visual supports.

vi. Doubt clearing session: One class per week as ‘Tutorial’ shall be allotted for
weak students and the subject teacher shall clear the doubts as well as answer
the paper related quarries of the students.
MODULE-1: Introduction to International Politics: Historical Dimension
Introduction:The students will be introduced with the primary issues of international
relations and politics through discussions on the historical context of world politics.

1.1.Evolution of Nation States & International Politics

1.2. World Wars & Impacts on International Politics

1.3. Post World War International State System and India

Course Takeaway: A nation’s cultural perspectives and attributes—ranging from social


values to preferred forms of communication—can have a profound influence on states’
behavior in International politics.

Number of Hours: 12hrs.

Module – II: Theories of International Relations

Introduction:This course intends to introduce students to some of the important theoretical


approaches to the study of international relations.

Sub- Modules:

2.1. Idealist & Realist Debates


2.2. Realism & Liberalism
2.3. Neo-Realism & Neo-Liberalism
2.4. Structuralism, Functionalism & Constructivism

164
Course Takeaway:To be acquainted with various theories and applications international
relations in the present international scenario.

Number of Hours: 12hrs.

Module – III: Nature of Post War International Politics with special reference to India
Introduction:The module is intended to focus on the causes and consequences of Second
World War. It also emphasize on ‘Cold War’ and ‘Non-Alignment’– the two most important
path-breaking phases of global politics in the aftermath of World War –II.
3.1. Nature of World Politics in Post Second World War
3.2. Cold War & Its Different Phases with special focus on India
3.3. Non-Alignment & its Relevance

3.4. End of Cold War & Nature of World Politics

Course Takeaway:To develop an understanding of how nations or governments act in the


international arena and different dynamics of their interactions.

Number of Hours: 12hrs.

Module –IV:Power & Balance of Power in International Politics

Introduction:The primary focus of this module is to underline the evolving nature of power
in international politics by focusing on ‘Balance of Power’ and its changing dynamics in the
prevailing international scenario.
4.1. National Power: Concept, Elements & Its Limitations
4.2. Balance of Power: Meaning & Operational Framework
4.3. Balance of Power in Different Epochs of World Politics

4.4. Changing Dynamics of Power in International Politics

Course Takeaway:To understand diverse issues concerned with power-play in global


politics with the help of emerging international relations among different countries.

165
Number of Hours: 12hrs.

Module –V: India, US & Major Powers in World Politics

Introduction:The module analyzes causes and consequences of the emerging relations among
the major powers in changing scenarios of world politics.
5.1. United States & World Politics in 21st Century
5.2. Indo-US Relations in a Changing World
5.3. India & other Major Powers- Russia, China & Japan

5.4. India & Regional Blocks- EU, ASEAN, SAARC

Course Takeaway:Analysis through primary and secondary research relating to specific


policy –decisions adopted by major powers can be developed and issues can be examined by
interpreting the various nuances of global politics.

Number of Hours: 12hrs.

Module –VI: Globalization: Issues and Concerns

Introduction:The module highlights the impact of globalization on global politics. With the
onset of globalization, there is an emergence of geo-centric global politics instead of a state-
centric global politics. The security of state is conglomerated with the issues of human
security and human development.
6.1. Globalization: Meanings, Issues & Perspectives
6.2. Political, Cultural, Economic and Technological Dimensions
6.3. Globalization & Changing Dynamics of International Relations
6.4. The Millennium Development Goals -Poverty, Public Health and COVID-19,
Development & Environment
6.5. Human Development

6.6. Human Security

Course Takeaway:To facilitate an understanding of how global institutions and discourses


influence and shape the legal systems of a country.

Number of Hours: 12hrs.

166
CASE REFERENCES

BOOKS

i. John Baylis & Steve Smith, The Globalization of World Politics; An Introduction to
International Relations, 4th ed., OUP, 2008.
ii. Bruce Riedel, Avoiding Armageddon : America, India, andPakistan to the Brink and
Back , Harper Collins Publishers, 2013
iii. Hans Morgenthau, (revised by Kenneth Thompson), PoliticsAmong Nations: The
Struggle for Power and Peace, McGraw Hill,1985.

Reference Books:
i. Aaron L. Friedberg, A Contest for Supremacy: China, America, and the Struggle for
Mastery in Asia , W. W. Norton &Company,2012
ii. Fareed Zakaria, The Post American World And The Rise Of The Rest, Penguin,2009.
iii. Ashok Kapur, Y.K.Malik, Harold A. Gould, and Arthur G. Rubinoff (eds),India and
the United States in a Changing World ,New Delhi: Sage Publications, 2002.
ARTICLES
i. https://www.orfonline.org/expert-speak/congressional-democrats-and-bidens-foreign-
policy-implications-for-india/The Lokpal And Lokayuktas Act, 2013 (Act, No.1 Of
2014) (Paperback, Nayan Joshi)
ii. https://foreignpolicy.com/2021/05/27/india-us-relationship-priority-covid-jaishankar-
visit/
iii. Vigilance as a Management Function – Leveraging Technology
https://cvc.gov.in/sites/default/files/asbs_1.pdf

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)


1. E. H. Carr, Twenty Years of Crisis: 1919-1939, New York, 1939.
2. Daniel Novotny and Clara Portela(Ed.),EU-ASEAN Relations in the21st Century
Strategic Partnership in the Making ,Palgrave Macmillan 2012.
3. Hedley Bull, Anarchical society: A Study of Order in World Politics, Columbia
University Press, New York, 1977.
4. Henry Kissinger, On China, Penguin, 2012.

167
9. Skill Component:
Module Skill / Theories associated with modules
Module I Engage critically with a wide range of concepts and ideas relevant to the
analysis of global politics, and compare and contrast competing
interpretations of relevant phenomena.

Module II Conceptual understanding about basic theories and issue in the study of
Anatomy of Global Politics along with institutional structures and functional
principles.
Module III The students will demonstrate the ability to analyze complex concepts and
problems relating to global politics

Module IV To understand diverse issues concerned with power-play in global politics


with the help of emerging international relations among different countries.
Module V To understand diverse issues and challenges affecting the
relations/behaviors of major powers through invited resource persons like
serving/retired Diplomats, Experts in foreign relations , Political leaders,
Policy-makers, specialists/ lawyers in International Law and persons involved
in decision-making and persons involved in three defense services through
organization of invited lectures, webinars/ seminars / workshops/ roundtable
discussions.
Module VI Students will identify the consequences of Globalization and they will
understand various perspectives of cultural, political, economic and
technological dimensions of globalization.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Professor Jindal Global U rsudarshan@jgu.ed
R.Sudarsan, u.in

2. Dr. Subir Rana, Independent Scholar, Bangalore 123.subir@gmail.c


om

3. Dr K. Associate Professor of
Parameswaran Law ,Former Dean
Academic Affairs,Former Dean -
Alumni & External
Relations,Gujarat National Law
University, Gandhinagar
(GNLU),Attalika Avenue,

168
Knowledge Corridor,Koba,
Gandhinagar - 382-426,Gujarat,
India.
4. 1. Prof. Ananta Madras Institute of Development 1. aumkrishna@gmail
Giri, , Studies .com

5 Prof. K.P. Centre for Canadian, US & Latin kpviji@mail.jnu.ac.in


Vijaylaxmi, American Studies,
Inter National
Sl. Name: Affiliation
Nos.
1. Professor Des ISS, Holland, gasper@iss.nl
Gasper,
2. Professor John R. Jindal Global University jrclammer@jgu.edu.in
Clammer,
3. Professor Lonce H Shippensburg lhsandybailey@ship.edu
University,Department of
Political Science,1871 Old Main,
Grove Hall 423,Shippensburg,
PA 17257
Prof.Sylvia Clute President ,Alliance for Unitive sylviaclute@gmail.com
Justice

169
3RD SEMESTER
AUTUMN SEMESTER
B.B.A.L.L.B
LW 2311: Managerial Economics
(Sem. 03/Paper-07)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description: Managerial Economics is the analysis of major management


decisions using the tools of economics. It is concerned with the application of economic
principles and methodologies to key management decisions (i.e. Optimum output and Pricing
policies to a particular market structure) within organizations. Managerial Economics, in the
true sense, is the integration of economic principles with business management practices.

2. Learning Objectives:

1.To familiarize with the students the importance of economic approaches in managerial
decision making.

2.To understand the applications of economic theories in business decisions.

3.To help them be equipped with economic tools for business analysis.

Teaching Learning Methodology:


The teaching methodology that shall be adopted in this paper is a combination of

1. lecture method (online & classroom mode)

2. problem solving and

3. Discussion.

Students are encouraged to take active participation in the discussion to make it more
interactive of what they learn in the class room and apply them through the discussion or
presentation method.

Module 1: Meaning and Importance of Managerial Economics

Introduction:A sound analysis of business situation and problem is key to appropriate


decision making. As such , managerial economics is essentially an applied science which a
manager/ businessman should be familiar in his own interest of right course of decision
making.

1.1 Introduction: Meaning and Scope of Managerial Economics


1.2 Importance of the study of Managerial Economics
1.3 Major Functions of Managerial Economics

170
Course take away:

1.Application of fundamental principles of managerial economics in business decision


making.

2. Building micro and macroeconomic models of particular aspects of Firm's activities that
are useful in solving specific business problems.

Number of Hours: 4hours


Module 2: Demand & Supply Analysis and Market Equilibrium

Introduction:The success of a business largely depends on sales. Sales depend on market


demand behaviour. Market demand analysis is a core topic in managerial economics , it
seeks to search out and measures the determinants of demand, thus forces governing sales of
a product. In modern business, production is often made in anticipation of demand.
Anticipation of demand implies demand forecasting. It gives a reliable approximation
regarding the possible outcome with a reasonable accuracy. Similarly,Supply analysis helps
manufacturers to analyse the impact of production changes, policies on increase or decrease
in supply of finished goods.According to market economy theory, the relationship between
supply and demand balances out at a point in the future; this point is called the equilibrium
price.

2.1 Meaning of Demand and Illustration of Law of Demand

2.2 Elasticity of Demand

2.3 Concept of Demand Forecasting

2.4 Methods or Techniques of Demand Forecasting

2.5 Meaning of Supply and Illustration of Law of Supply

2.6 Elasticity of Supply, Practical Importance

2.7 Concepts of Total Utility, Marginal Utility, Consumer's Equilibrium

2.8 Market Equilibrium and Changes in Market Equilibrium

Course take away:

1. Understand how prices get determined in markets, how market participants benefit in the
form of consumer surplus and producer surplus, and what are the consequences of
government intervention.

2.Measure the responsiveness of consumers’ demand to changes in the price of a good or


service, the price of other goods and services, and income.

171
Number of Hours: 12 hours

Module 3: Production, Cost and Revenue Analysis

Introduction:Production is the transformation of resources into commodities over time.The


act of production is technically carried out by a firm. In the production process, the firm
combines various inputs in different quantities and proportions to produce different levels of
outputs. In producing a commodity, a firm has to employ various factors of production and
these factors are to be compensated which constitute the cost of production. The key decisive
step behind the profit maximisation is the cost of production. Pricing policy is to be set in the
light of competitive situation in the market.

3.1 Meaning of Production and Production Function

3.2 Types of Production Function

3.3 Laws of Production Function

3.4 Cost of Production, cost Function and types of Cost

3.5 Cost-Output Relationship

3.6 Revenue Analysis, Break Even Analysis and Cost Control

3.7 Pricing Policies, Pricing Methods

Course take away:


1.Students will able to calculate producer and consumer surplus.
2.Solve a firm's cost minimization problem mathematically and graphically.

Number of Hours: 13 hours


Module 4: Product Pricing and Market Structures

Introduction::Pricing is an important function of all enterprises. Since every enterprise is


engaged in the production of some good(s) or/and service(s), incurring some costs to sell its
produce in the market, it must set a price for its product. Since market structure is an
important determinant of the demand function which a firm faces, a clear understanding of it
is absolutely essential for learning how a firm prices or ought to price its product.

4.1 Pricing and Output determination of Firms under Perfect Competition

4.2 Price and Output determination of Firms under Imperfect Competition:

4.2.1 Monopoly

172
4.2.2 Monopolistic Competition

4.2.3 Oligopoly

Course take away:

1.Analyze the behaviour of firms in different market situations, and calculate the resulting
changes in producer or consumer surplus.

2.Understand why there is a role for the government to play in market economies

Skill Component:Understand the four basic market models of perfect competition,


monopoly, monopolistic competition, and oligopoly, and how price and quantity are
determined in each model.

Number of Hours: 10 hours


Module 5: Macro Economic Features

Introduction:In the business decisions, tracking of macroeconomic variables has become an


important element. Managers face difficulty in decision making, understanding of
macroeconomics helps in running the business. Overall economic activity, economic policies
(industrial policy, trade policy, monetary policy, fiscal policy), inflation affects the business.
Decisions of managers are affected by this aggregate which makes up the overall
environment of business. Future demand and investment depends upon the growth and the
state of the economy

5.1 Circular Flow of Income

5.2 Consumption Function, Investment Function, Government Expenditure, Export and


Import

5.3 National Income Accounting

5.4 Aggregate Demand and Aggregate Supply

5.5 Determination of income and Employment

5.6 Business Cycles, Multiplier and Accelerator

Course take away:

1.fluctuations in economic activity through business cycles and its reflection in output and
employment levels.

173
2.finding out the equilibrium level of national income at which the purchasing and production
plans of the economy are matched.

Number of Hours: 15 hours

Module 6: Open Economy and Macro Economics

Introduction:Foreign exchange is the trading of different national currencies or units of


account.It is important because the price of one currency in terms of another, helps to
determine a nation’s economic health and hence the well-being of all the people residing in
it.Exchange rates also directly impact international trade.A country's balance of payments
tells whether it saves enough to pay for its imports. It also reveals whether the country
produces enough economic output to pay for its growth.

6.1 Meaning and Components of Balance of Payments

6.2 Equilibrium and disequilibrium in Balance of Payments

6.3 Methods of corrections of disequilibrium in Balance of Payments

6.4 Foreign Exchange Market: Demand side and Supply side

6.5 Operation of Foreign Exchange Market

6.6 Equilibrium in the foreign exchange market

6.7 FERA and FEMA

Course take away:1.The economic importance of currency markets.

2.The role and functions of foreign exchange markets in an economy.

Number of Hours: 15 hours

Text Books:

1.Managerial Economics - H. L. Ahuja, S. Chand Publications; 17th Edition

2.Managerial Economics -S. Damodaran, Oxford University Press; 2nd Edition

3.Managerial Economics - Theory and Applications –Dr. D. M. Mithani, Himalaya


Publishing House; 5th Edition

4.Managerial Economics – G. S. Gupta, TMH Publication, 2nd Edition

Reference Books:

1.Managerial Economics - Principles and Applications – D. Salvatore, Oxford


University Press; 6th Edition

174
2.Managerial Economics – P. Keat and P. Young , Pearson Publications; 6th Edition

3.Managerial Economics – P. L. Mehta, S. Chand Publication; 7th Edition

4. Managerial Economics - W.F. Samuelson and S.G.Marks, John Wiley & Sons
Publication; 9th Edition

5. International Economics -Bo Sodersten and Geoffrey Reed, 3rd International


Edition.

6. Managerial Economics - Theory and Applications –Dr. D. M. Mithani, Himalaya


Publishing House; 5th Edition.

7. Skill Component:

Module Skill / Theories associated with modules


Module I Conceptual and theoretical understanding of the subject
Module II Measure the responsiveness of consumers' demand to changes in the price of a
good or service, the price of other goods and services, and income.
Module III Understand the different costs of production and how they affect short and
long run business decisions
Module IV Understand the four basic market models of perfect competition, monopoly,
monopolistic competition, and oligopoly, and how price and quantity are
determined in each model.
Module V Identify the process of how the nation’s output of goods and services is
measured through the national income and product accounts; clearly
comprehend the income and expenditure approaches to measuring national
output and national income.

Module VI a firm understanding of the differences between, and the specific roles of,
discretionary fiscal policy and automatic stabilizers in stabilizing
employment, income, growth, and prices during periods of recession and
economic expansion.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

1. Prof. Rudra Prakash Pradhan, Vinod Gupta School of Management, IIT, Kharagpur,
West Bengal. E mail: rudrap@vgsom.iitkgp.ac. in
2. Dr. Sulagna Mukherjee, Associate Professor, T.A.Pal Management Institute(TAPMI),
Manipal, Karnataka. E mail: sulagna@tapmi.edu.in
3. Prof. Biresh Kumar Sahoo, Xavier Institute of Management, Bhubaneswar, Odisha.
E mail: biresh@ximb.ac.in
4. Dr. Ajit Kumar Dash, Associate Professor, Birla Global University, Bhubaneswar,
Odisha. E mail: ak.dash@bgu.ac.in

175
3RD SEMESTER
AUTUMN SEMESTER
B.B.A.L.L.B
LW 2313: Cost & Management Accounting
(Sem. 03/Paper-08)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

The objective of the course is to understand the various concept and tools of cost accounting
and at the same time application of cost and management accounting approach to takes
decisions to solve the business problems.

2. Learning Objectives:

1. To understand the various concepts, types and approaches of cost that was applicable
in manufacturing and non-manufacturing concerns.
2. To understand the role of management accounting in an organization and the
importance of upholding ethical standards.
3. To study the capacity utilization and cost sheet that was link with cost of production.
4. To explore the different aspects and methods of cost management approaches in
relation to materials, labours and overheads.
5. To use the different aspects of financial statement analysis and its application in real
life situation.
6. To analysis and evaluate information for cost ascertainment, planning, control and
decision making.
3. TeachingLearning Methodology:

This course will be taught by a combination of case study, problem solving, class discussion,
reading materials and assignments.

Module-1 : Introduction to Cost & Management Accounting.

Introduction:The objective of this module is to discuss the various concept and conventions
of cost and management accounting principles and strategic consideration of cost and
management accounting.

 Overview of cost & management accounting. Cost concept and application.


 Relation of cost accounting, management accounting and financial accounting.

176
 Meaning, scope, objectives and limitations of financial accounting. Meaning, scope,
objectives, Advantages and limitations of cost accounting.
 Management accounting, meaning, scope, functions or objectives and limitations.
Difference between cost accounting, financial accounting, and management accounting.
 Cost centre, cost unit and cost object.
 Methods of costing & Strategic Cost Management Process.

Course Taken Away: After studying the above units students understood various aspects of
cost and management accounting and its strategic consideration.

Number of Hours: 12 hours

Module-2: Elements of Cost

Introduction:The objective of this module is to give brief description on various components


of the cost, its classification and application through cost sheet.

 Classification of costs,
 Elements of cost
 Cost sheet or statement of cost and
 Preparation of cost sheets.
 Treatment of stock and work in progress
 Practical problems in cost sheets.

Course Taken Away: This unit gives brief description of cost in terms of classification and
provides various aspects of preparation of cost sheet.

Number of Hours: 7 hours

Module-3: Material Cost Analysis And Control

Introduction:The objective of this module is to give brief idea on material cost analysis and
inventory management and its techniques and practices.

 Meaning and classification of Materials. Inventory or material control, need or


objectives
 Purchase control-functions of purchase department. Centralized and decentralized
purchase system. Purchase requisition, tender and quotations, purchase order, material

177
inspection report. Stores control-centralized and decentralized stores, central stores
with sub stores.
 Stock levels, ordering level, re-ordering level minimum and maximum level danger
level, average stock level, reordering quantity or economic ordering quantity EOQ.
 Stores records-bin card, stores ledger,
 Stores ledger through FIFO, LIFO AND HIFO method
 Problems on FIFO, LIFO and HIFO methods.

Course Taken Away: After studying the above unit’s students understand the various
practical aspects on material cost management, its significance and methods.

Number of Hours: 12 hours

Module-4: Labour Cost Analysis And Control

Introduction:This module highlights the various aspects of labour turnover, time and
methods of remuneration by classifying the job.

 Labour cost, Introduction and types of labour cost.


 Labour turnover. Work study-time and motion study
 Job analysis and job evaluation, merit rating. Casual workers and out workers.
Overtime and idle time
 Remuneration and incentives (Monetary and non-monetary). Time rate system and
piece rate system
 Incentive schemes-Halsey plan, Rowan plan, Halsey-Weir plan
 Taylor’s differential piece rate system, Merricks differential piece rate system.

Course Taken Away: After studying the above unit’s students understand the various
practical aspects on labour cost management, its significance and methods of calculation of
labour.

Number of Hours: 10 hours

Module-5: Overheads- Accounting and Control

Introduction:The module discuss various overhead cost that plays an important role to
define overall cost management and apportionment and reapportionment of cost.

178
 Overview of overhead and its importance.
 Classification and accounting of overhead. Collection of overheads, allocation and
apportionment of overhead cost.
 Production and service department overhead cost. Reapportionment of service
departments cost to production department (Direct redistribution method and step
method).
 Absorption of factory overhead cost and its methods.
 Percentage on direct materials, direct wages and prime cost
 Direct labour hour rate and machine hour rate.

Course Taken Away: After studying the above module the students understand the various
practical aspects on overhead cost management, its significance and methods of calculation
of absorption of overhead through machine hour methods.

Number of Hours: 10 hours

Module-6: Financial Statement & Marginal Costing

Introduction: The module focus on various financial statement analysis approaches,


classification, methods that every corporate used for taking decisions in future period
strategies.

 Analysis of financial statements: Meaning and interpretation, significance


 Comparative analysis. Common size statements. Trend percentage analysis.
 Ratio analysis. Introduction, meaning and classification
 Marginal costing-introduction and meaning.
 Break even analysis, or cost volume profit analysis (CVP). Application of CVP
analysis.
 Contribution, profit volume ratio, breakeven point and margin of safety. Practical
problems on: Contribution, profit volume ratio, breakeven point and margin of
safety.

Course Taken Away: After studying the above module the students understand the various
practical aspects of financial statement analysis and its utility approach.

Number of Hours: 15 hours

179
5. Text Book:

 Cost & Management Accounting by S.P.Jain, K.L.Narang&Simmi Agrawal, Kalyani


Publication, 2018 edition.
 A Text Book of Cost and Management Accounting by M.N Arora 10th edition by
Vikas Publication.
 Cost & Management Accounting by B Saravana Prasath, Commercial Law Publisher
India Pvt. Ltd.

6. Reference Book:

 Cost and Management Accounting by S K Aggarwal and Abha Aggarwal by Reliance


Publication.
 Management Accounting by Sharma & Gupta by Kalyani Publication.
 Cost & Management Accounting by Sunil Keswani, Bharat Publication.
 Cost & Management Accounting by T. S. Reddy & Y.H.P. Reddy, Margham
Publication.
 Cost & Management Accounting by J K Mitra, Oxford University Press.
ARTICLES

Module-1 :

 Articles: Cost Accounting Techniques Adopted by Manufacturing and Service


IndustrywithinLastDecades
(https://www.managementjournal.info/index.php/IJAME/article/download/121/1
20).
 Innovative management accounting practices for sustainability of manufacturing
small and medium enterprises (https://link.springer.com/article/10.1007/s10668-021-
01425-w).

Module-2:

 Articles: Leonid Suk & Petro Suk, 2019. "Cost Accounting by Elements and
Articles," Accounting and Finance, Institute of Accounting and Finance, issue 3,
pages 49-54, September.( https://ideas.repec.org/a/iaf/journl/y2019i3p49-54.html).

180
 Case: Cost Sheet of Hindustan Petroleum Corporation Ltd. by Shashi Pandey
(https://www.indiastudychannel.com/projects/4683-Cost-sheet-Project-Hindustan-
Petroleum-Corporation-Ltd.aspx).

Module-3:

 Articles: EOQ on Supply Chain Management by Ambika Gupta


(https://www.aajenterprises.com/eoq-in-supply-chain-management/).
 Articles: Material Cost & Control by Priyanka Dey
(https://www.yourarticlelibrary.com/essay/material-cost/essay-on-material-cost-and-
control/75401).

Module-4:

 Articles: The Consequence of Peace Rate on Quantity & Quality


(https://www.semanticscholar.org/paper/The-Consequences-of-a-Piece-Rate-on-
Quantity-and-a-Heywood-Siebert/ab39f5da2137bb75fae035db00503371f2f31832).

 Articles: A study on job evaluation – Point factor analysis in SMEs


(https://www.researchgate.net/publication/256198164_A_study_on_job_evaluatio
n_-_Point_factor_analysis_in_SMEs).
Module-5:

 Case: Overhead Allocation of Arvinda Engineering Pvt. Ltd.


(http://sdmimd.ac.in/SDMRCMS/cases/CIM2013/7.pdf).

 Articles: Allocation and Apportionment of Overhead to Cost Centres by Asish


Lodha (https://www.yourarticlelibrary.com/cost-accounting/overheads-cost-
accounting/allocation-and-apportionment-of-overhead-to-cost-centres/55631).

Module-6:

 Articles: An Empirical Analysis of Ratio Analysis by Pratik P Valand


(https://www.worldwidejournals.com/indian-journal-of-applied-research-
(IJAR)/article/an-emparical-study-of-ratio-analysis/NzM2/?is=1&b1=29&k=8).
 Case: Analysis of Financial Statement
(https://www.researchgate.net/publication/333880039_Analysis_of_Financial_Statem
ents).

181
 Case:Ratio Analysis of Samsung Electronics
(https://www.researchgate.net/publication/342703045_Ratio_Analysis_of_Samsu
ng_Electronics).

Skill Components

Sl.No Module Skill Components


1 Module-1 : Introduction to Strategic cost management process
Cost & Management
Accounting
2 Module-2: Elements of Cost Dimensions of Classification of cost & Cost
Sheet
3 Module-3: Material Cost Ordering Level, Reordering level, Maximum
Analysis And Control Level, Minimum level, EOQ, VED and ABC
analysis. Preparation of store ledgers through
LIFO,HIFO & FIFO.
4 Module-4: Labour Cost Remuneration Calculation- Halsey Plan,
Analysis And Control Rowan Plan, Halsey- Weir Plan, Tailor’s
Differential Piece rate & Merrick Differential
Piece rate system.

5 Module-5: Overheads- Methods of apportionment of overhead &


Accounting and Control Machine hour rates.

6 Module-6: Financial Methods of preparation of trend projection,


Statement & Marginal comparative and common size statement.
Costing Ratio analysis through solvency, liquidity &
profitability condition. BEA and its application.

182
3RD SEMESTER
AUTUMN SEMESTER
B.B.A.L.L.B
LW 2315 : Organizational Behaviour
(Sem. 03/Paper-09)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description

Best of organizations bet on their people. Employees work as a team and collectively pursue
organizational goals . Each one complements the other and they grow together. Their
personal goals are in sink with the organizational goals. Employees enjoy working in such
organizations. In this course , we will look at individual and group behaviour that helps an
organization grow.

2. Learning Objectives

1. Students will learn how an organization functions and why employees can make or
break an organization.
2. They will get to know what drives and governs the behaviour of an individual in an
organization.
3. They will learn various dimensions of group behaviour in an organization.
4. They will understand causes of conflict in an organization and how to resolve such
conflicts.
5. They will appreciate why change in organizations is necessary and how to implement
change.
6. They will understand the importance of organizational culture and how it impacts the
success of an organization.

3. Teaching Learning Methodology:


This subject will be taught through a combination of lectures and case analysis. Case
materials will be provided to the students in advance. Students have to read the cases and
come prepared to the class for discussion and debate.

183
Module-I : Introduction to OB

Introduction: In this module students will understand why an organization is needed and
how organizations are structured. They will understand how organizational outputs are
influenced by individual, group and organizational inputs. They will also be aware of the
responsibilities of a Manager in an organization.

1.10 What is an organization


1.11 . Structure of an organization - mechanical and organic
1.12 . What is organization behaviour
1.13 . Organization as a system
1.14 . Roles and responsibilities of a manager

Course Takeaway: Students will appreciate the importance of organizational behaviour.

Number of hours : 8 hrs

Module-2: The Individual

Introduction In this module , students will learn various dimensions of individual behaviour
and how those impact organizational goals. They will also appreciate the dynamic nature of
behaviour and how it can be modified for better organizational results. They will also
understand how perception can distort our thinking and actions.

2.1 Personality - Myer Brigg’s Personality types

2.2 Freud’s theory - Ego , Id and Superego

2.3 Perception and Decision making

2.4 Johari Window

2.5 Motivation theories

2.6 Job enrichment and enlargement

2.7 Job rotation

Course Takeaway: Students will understand how individual behaviour can impact
organization’s performance and how such behaviour can be modified.

Number of hours : 12 hrs

184
Module-3: The Group

Introduction In this module students will learn various dimensions of group behaviour that
impacts organizational performance. They will appreciate why we need leaders across the
organization. They will also learn how informal power is more effective than formal power
and why communication is critical for management of an organization.

3.1 Stages of group development

3.2 Leadership

3.3 Communication

3.4 Transactional Analysis

3.5 Group Decision making

3.6 Sources of Power

Course Takeaway: Students will understand how group behaviour can impact organization’s
performance and how such behaviour can be modified.

Number of hours : 16 hrs

Module-4: Conflict Management

Introduction In this module , students will understand the meaning of conflict in


organizations . They will learn to resolve conflicts in an effective way. They will also
appreciate that some amount of conflict is good for an organization.

4.1 Meaning of conflict


4.2 Types of conflict
4.3 Sources of conflict
4.4 Methods to manage conflicts

Course Takeaway: Students understand the meaning of conflict and ways to address
conflicts.

Number of hours : 12 hrs

185
Module-5: Organizational Change and Development

Introduction In this module students will learn about organizational change and how to
implement change. They will also appreciate the fact that , even when the change is for the
betterment of the employees , there will be resistance to change. A good manager knows
how to mitigate such resistance and implement change.

5.1 Meaning of Organizational Change


5.2 Need for Organizational change
5.3 Types of organizational change
5.4 Resistance to change
5.5 Navigating implementation of change
5.6 Organizational development - needs and methods

Course Takeaway: Students understands why change is a necessity and how to implement
change in organizations.

Number of hours : 12 hrs

Module-6: Organizational Culture

Introduction In this module students will understand the meaning of organizational culture
and how it impacts organizational performance. They will also understand how leaders create
culture in organizations.

6.1 Organizational Culture


6.2 Factors that creates culture
6.3 Examples of good culture
6.4 Culture and its affect on employees
6.5 Culture and its affect on organization

Course Takeaway: Students will understand the importance of good culture in an


organization and will learn the nuances of adjusting to new culture.

Number of hours : 12 hrs

186
Case Study

4. Shivani Carriers Pvt Ltd - Managing Employee Motivation at the bottom of the
Pyramid. (Theme- Employee motivation)
5. Martha Rilandi - Should She stay or Should she go. (Theme - Organization Culture)
6. Lighthouse (Theme-Personality & Values)
7. The Reluctant Boss (Theme-Leadership)

Books

1. Organizational Behaviour by Stephen Robbins, Timothy A Judge & Neharika Vohra , PHI
Publishing.

2. Organizational Theory & Behaviour by B.P Singh & T.N Chhabra , Dhanpat Rai & Co

References

1. Organizational Behaviour – Text, Cases by K Aswathappa , Himalaya Publishing House.

2. Organizational Behaviour by Fred Luthans, McGraw Hill Publishing.

3. Behaviour in Organization by Greenberg & Barren, Prentice hall.

Module Skill Component


Module 1: No Skill component
Module 2: No Skill component
Module 3: Listening Skills

Resource Person : Mr.Subir Verma, Head-HR, Tata Power


Email: subir.verma@tatapower.com subir.ve
Module 4: Conflict Management Skills
Resource Person : Mr.Subir Verma, Head-HR, Tata Power
Email: subir.verma@tatapower.com
Module 5: No Skill component
Module 6: Cultural adjustment skill
Resource Person - Dr. Glory Singh , MICA.
Email - glorysingh004@gmail.com

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

1. Dr. Glory Singh , MICA,Email - glorysingh004@gmail.com

2. Mr.Subir Verma, Head-HR, Tata Power,Email: subir.verma@tatapower.com

187
3RD SEMESTER
AUTUMN SEMESTER
B.Sc L.L.B
LW 2211: FUNDAMENTALS OF BIOTECHNOLOGY
(Sem. 03/Paper-10)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

Fundamentals of biotechnology deals with the basic understanding of the all the key area of
science such as plant science, animal science, Industry, food and Environment and use of
biotechnology in these areas. This will cover the classical as well as applied part.

The course introduces knowledge required to study the modern biotechnological application
of microorganisms. Classical as well as new age instruments used in biotechnological lab
specialized in forensic studies will be emphasized. Biopolymers and many other diagnostic
techniques will also be discussed. This will lead to better understanding of the various
approaches for using microorganisms in food, agriculture , and health sectors and better
understanding of forensic biotechnology.

2. Learning Objectives:

 To understand the basic fundamentals of biotechnology as a subject and the need to


study of the subject.
 To provide an understanding the fundamentals of biotechnological techniques.
 Provides an understanding the applictaion of biotechnology in plant science
 Provide an understanding of genetic engineering used in forensic biotechnology.
 Understanding the uses of microorganism in industrial sectors for related to food and
agriculture and uses of microorganism in waste water treatment and bioremediation
processes.
The method to achieve these goals will be the on the basis of class discussions and case
study (anatomical and physiological) of various disputes and supplemented with journal
articles and, discussions in the class.

188
MODULE – I: Introduction to Fundamentals of Biotechnology

Introduction:The module is an introduction to the advanced research methods ad techniques


being carried out and its possible application.

1.1 Historical perspective Scope and importance, commercial potential,


1.2 FBT in India and Global trend.

COURSE TAKEAWAY:

 What is Biotechnology? Different branches of Biotechnology


 The importance of studying biotechnology and applications of different branches of
biotechnology
NUMBER OF HOURS : 6

Module – II: Recombinant DNA Technology

Introduction :This module is a brief introduction to rDNA technology. It explains about the
applicability of the subject including the tools used such as restriction enzymes, template
DNA, PCR, ligase enzymes, type of vectors and their use and the cloning experiment.

2.1 Introduction to Recombinant DNA technology, Brief overview of principle and


application of basic rDNA methodologies
2.2 Molecular tools and diagnostics
2.3 Trans genesis, Introduction of transgene into plants, animals and other hosts
2.4 Introduction of transgene into plants, animals and other hosts, steps in cloning
2.5 Precaution and safety measures to be under taken during cloning process, Ethical issues
on cloning with examples
2.6 Ethical issues on cloning with examples

COURSE TAKEAWAY:

 To understand what is rDNA technology with respect to principle and application.


 How different molecular techniques can be used for diagnosis such as disease
diagnosis,
 Understanding the meaning of trans genesis and use of the process to construct
transgenic plant and animals and their application.

189
NUMBER OF HOURS : 15

Module – III: Animal Biotechnology and Plant Biotechnology


Introduction This module explains about various techniques used in animal biotechnology.
It focuses on the animal and plant cell / tissue cultures, types and their application.
3.1 Introduction to animal tissue culture, principle, requirement, advantage and disadvantage
of animal tissue culture, types of culture, its application
3.2 Hybridoma technology,
3.3 Brief overview of immune system-immune cell, antibodies, antigens, in vitro fertilization
and embryo transfer
3.4 Introduction to plant tissue culture, History, Requirements, Types of plant tissue culture,
3.5 organics farming, applications
3.6 Advantages and disadvantages of plant tissue culture, Organic farming, applications
COURSE TAKEAWAY:
 To understand tissue culture process in plant, use of biotechnological intervention
in increasing plant variety. Also to understand the advantages and disadvantages
of the technology

NUMBER OF HOURS : 15

Module – IV: Industrial Biotechnology

4.1 Introduction, historical landmark, isolation of micro organism for the production of
products of human consumption-probiotics
4.2 Biotransformation bio fertilizers
4.3 biofuels, biogas, energy crops, biodiesel
COURSE TAKEAWAY:
 To understand the large-scale production of various product of biological origin
such as enzyme, antibiotics, processed food etc. Also to understand the basic
technology involved in production of energy in industrial scale from biomass.
 Process involved in production of bio fertilizer ,bio pesticide and bio diesel

NUMBER OF HOURS: 12

190
Module – V: Food Biotechnology.

5.1 Introduction, microbiological quality of food


5.2 fermented food, cheese production
5.3 microbial biomass, single cell protein, single cell oil
COURSE TAKEAWAY:
 To understand the role of biotechnological techniques in food
preparation,preservation etc
 Also it will help understanding the fermentaion process that is the key player for
many fermnted food
NUMBER OF HOURS: 12

Module – VI: Environmental Biotechnology

6.1 Introduction, water and air pollutants, waste treatment, landfil


6.2 waste water treatment by aerobic and anaerobic methods
6.3 Xenobiotics, Types and sources
6.4 Effect of the xenobiotic on ecosystem, Methods of estimation of the xenobiotic
6.5 biodegradation of the xenobiotic by various group of microorganism
COURSE TAKEAWAY:
 To understand role played by biotechnology in various aspect of
environmental biotechnology
 To learn how biotechnology can be used to deal with several environmental
issues including pollution of air, water and land
NUMBER OF HOURS: 12

Books:

 A Text Book of Biotechnology, By R.C Dube


 Biotechnology, By U.Satyanarayana
 Principles and techniques in Biochemistry and Molecular Biology, By Wison and
Walker
 Text book of Animal Biotechnology By B.D Singh

REFERENCE BOOKS :
Introduction to Biotechnology by William J. Thieman, Michael A. Palladino

191
SKILL COMPONENT:

Module wise Skill Component Identification

Module Skill Components

Module 1 Structrual analysis of DNA and protein

Module II Isolation of DNA, Separation of DNA and molecular weight detremination


Isolation of Plasmid DNA, Digestion and ligation of the vectors, cloning

Module III Quality analysis of probiotics , preparation

Module IV Human cell line growth demonstartion


Module IV: Quality analysis of probiotics , preparation

Module V Blood Typing/Grouping– ‘ABO’ system and its significancein forensic


investigation
Module VI biodegradation of the xenobiotic by various group of microorganism.
Growing microorganism and analysis of pesticide degradation, Waste water
analysis, Determination of water quality
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

1. Dr. Samuel Rout,Associate Manager at Technology Transfer Office, KIIT- Technology


Business Incubator,E mail: samuel@kiitincubator.in

2. Dr Rakshak Kumar,Scientist,CSIR-ISBT Palampur,Email: rakshak@ihbt.res.in

3. Arati Karmakar (IP Manger),Aizant Drug Research Solutions, Hyderabd

E mail: aratikarmakar@gmail.com

4. Dr. Abhinav Saurabh,Senior Research Officer,Department of Transplant Immunology


and Immunogenetics,All India Institute of Medical Sciences,New Delhi,E mail:
saurabh.abhinav@gmail.com

192
International

1. Dr Suresh Kumar Verma,Condensed Matter Theory Group, Materials Theory Division,


Department of Physics and Astronomy, Uppsala University, Box 516, SE-751 20 Uppsala,
Sweden,E mail: suresh.verma@kiitbiotech.ac.in

2. Dr Soumitra Mohanty,Department of Microbiology, Tumor and Cell Biology, Karolinska


Institutet, Stockholm, SE-17165 Sweden,Email: soumitra.mohanty@ki.se

193
3RD SEMESTER
AUTUMN SEMESTER
B.Sc L.L.B
LW 2213: RECOMBINANT DNA TECHNOLOGY AND FORENSIC SCIENCES
(Sem. 03/Paper-11)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

Recombinant DNA technology and Forensic Sciences deals with the basic and practical
understanding of the principles of the rDNA technology and Forensic science, forensic
biotechnology in particular. It also will give a detailed idea about the various techniques and
instruments that are used in the same. The course introduces knowledge required to study and
conduct the recombinant DNA technology. Classical as well as new age instruments used in
biotechnological lab specialized in forensic studies will be emphasized. This will lead to
better understanding of the various approaches for using microorganisms in food, agriculture
, and health sectors and better understanding of forensic biotechnology.

2. Learning Objectives:

 To understand the structure of DNA and its real role as a molecule


 To provide an understanding the DNA and its application in understanding the
forensic aspect.
 Provides an understanding how DNA can be used a tool to understand a particular
crime
 Provide an understanding of how DNA forensic can intervene and help solving a cold
case
3. Teaching Learning Methodology:

The method to achieve these goals will be the on the basis of class discussions and case
study (anatomical and physiological) of various disputes and supplemented with journal
articles and, discussions in the class.

MODULE – I: Introduction to DNA fingerprinting and Basics offorensic DNAanalysis

Introduction: The Tandoor Murder case: Landmark example of use of DNA as an evidence
leading to identification of the victim and the culprit.

1.1. HistoryofDNA fingerprintingand DNA polymorphism Definition, Development and


Scope of Forensic Science,

194
1.2. Division of forensic Science and laboratory set up, Forensic medicine : Introduction,
methodologies and application.
1.3.Introduction, history, development and classification, biological basis of fingerprinting,
dactyloscopy, DNA fingerprinting: introduction, procedure and application, use of
RFLPs, RAPD, AFLP and molecular probes in DNA fingerprinting
1.4.Identification and detection of Biological fluid (blood, semen, urine and saliva) and their
medico logical importance , examination of skeletal remains, identification of bones,
differentiation between human and non human, determination of age, sex and height from
skeletal remains

COURSE TAKEAWAY

 What is DNA fingerprinting? Different branches of Biotechnology

 The importance DNA fingerprinting in forensic sciences.

NUMBER OF HOURS : 8

Module – II: Tools for Genetic Engineering

Introduction: Tools of genetic engineering are the required components that are used in a
cloning experiment starting from preparation of the target DNA, vectors and incorporation of
the rDNA into host cell and to check its applicability in the new host.

2.1 Genes andDNA markersin forensic DNA analysis. Introduction to PolymeraseChain


Reaction and itsapplications., Introduction to mitochondrial DNA and its
forensicimportance
2.2 Chemical structureofDNA and RNA , Overview of DNAreplication, transcription and
translation, Procedure for collection and preservation ofbiological sample forDNA
analysis. Techniques ofDNA isolation and its quantitation., DNA separation techniques
2.3 Exonuclease, Endonuclease, Restriction Endonuclease Restriction enzyme types,
Nomenclature and uses, nucleases, DNA ligases, DNA Polymerase, END Modification
enzymes, Nomenclature and uses, nucleases, DNA ligases, DNA Polymerase, END
Modification enzymes
2.4 Electrophoresis; Agarose gel electrophoresis, Pulse filed gel electrophoresis,
Polyacrylamide gel electrophoresis

195
2.5 Linkers, adapters, Gene Cloning, Cloning vectors; Bacterial plasmid vector, pBR322,
pUC vectors, Agrobacterium based plasmid, Ti DNA plasmid, mechanism of TDNA
transfer, tumor morphology, gene transfer, properties of TI and RI based plasmid,
Bacteriophage vector, Yeast plasmid vector, Bacterial artificial chromosome (BAC),
Plant and animal viruses as vector, plant viral vector, animal viral vector, Transposon as
vector, Shuttle vector and expression vector
2.6 Preparation of recombinant DNA, introduction of recombinant DNA into cells, Screening
and selection of recombinant clones, Expression vectors, application of RDT, Concept of
genome and genome projects

COURSE TAKEAWAY:

 To understand what is rDNA technology with respect to principle and application.


 How different molecular techniques can be used for diagnosis such as disease
diagnosis,
 Understanding the meaning of trans genesis and use of the process to construct
transgenic plant and animals and their application.

NUMBER OF HOURS : 15

Module – III: Rajiv Gandhi Assassination case


Introduction: This is one of the pioneer case which used rDNA technology tools to solve the
case with the leadership of eminent scientist Dr Lali Singh.
3.1 Back ground of the case, A hexagonal Rashomone,The Pirabhakaren Analogy The
Benzene analogy, Absence of single research communication on the assassination
3.2 Postmartem details of Rajiv Gandhi and Dhanu, The camera and film Matching
photograph of the skull, The explosive found in the belt bomb, The Posecution
witnesses, Dr Pakkiriswamy Chandra Sekharan,: The Pioneer forensic worker of the case,
3.3 Sample collection: Types of sample, sources of the sample, packaging ,, Role of
evidences: Physical and Biological, Pinoneering work of Dr Lalji Singh, DNA analysis
and fingerprinting for identification
COURSE TAKEAWAY:

To understand the application of forensic DNA technology in Rajiv Gandhi assassination and
other related cases.

196
NUMBER OF HOURS : 15

Module – IV: Forensic Anthropology

Introduction: Forensic anthropology deals with the identification of missing person with no
concrete identity. With the help of various tools of anthropology it has been proved as
instrumental for mass disaster victim identification.

4.1 Introduction to forensicanthropology Forensic Anthropometry, osteometry Identification


ofindividuals (living
4.2 Identityof missingperson bysuperimposition techniques
4.3 Facial reconstruction method
4.4 DisasterVictimIdentification: Examinationand identificationofdeadbodiesinmass
disasters, mutilatedbodies, fragmentary
skeletalremainsandbones.Determinationofage,sex,raceandspeciesorigin from bones
andassessment of stature
4.5 Forensic odontology: Identification ofindividuals from teeth. Ages of eruption and
otherindividual characteristics
4.6 Hair examination: Morphological, anatomical &Microscopic examination ofhair,
Characteristics of hair todeterminethe species origin, race, sexand site
.
Course takeaway
To understand the the role of anthropology to understand the identification of a missing
person.

NUMBER OF HOURS: 12

Module – V: Forensic microbiology and Basic serology.

5.1 Introduction to microbiology, cell wallcomposition of Gram positive and Gram negative
bacteria

Sterilization techniques - Physical agents: Dry heat, wet heat and cold sterilization, filtration,
radiation;Chemical agents(Disinfectants,antibiotics, alcohols) and their mechanisms.

Microbial growth and environmental factorsaffectingthegrowth.

197
5.2 Different methods forisolation of microorganisms from forensicsamples like vomit,
stool, stomach wash andresidual food.

5.3 Introduction to biologicalwarfare,general properties ofvarious biologicalwarfare


agents and theirtoxic effects. Popular casestudies of bioterrorism.

5.4 Blood and its composition, Hemoglobin and its variants

5.5 Theories and biochemical testsforthe identification ofblood, Blood


Typing/Grouping– ‘ABO’ system and its significancein forensic investigation. Other
bloodgroup antigens -‘Rh sub types’, MN,I, P, Kell, Duffy, Kidd,Lewis,Lutheran and
Bombaybloodgroup

5.6 ForensicExamination ofsemen and otherbodyfluids– vomit, feces, urine,saliva and


vaginal secretions

COURSE TAKEAWAY:
 To understand the role of microbiology and microorganisms in undrstanding the
crime from forensic point of view.

NUMBER OF HOURS: 12

Module – VI: Forensic Approaches in solving the cases of wildlife crime.

6.1 Basics in wildlife forensics


6.2 Causes of death in wildlife
6.3 Basics in wildlife crime investigations
6.4 Crime scene investigations in suspected wildlife crime cases
6.5 Laboratory investigations in suspected wildlife crime cases
COURSE TAKEAWAY:
 To understand role played by biotechnology in various aspect of Forensic
Approaches in solving the cases of wildlife crime
NUMBER OF HOURS:

198
Books :

 A Text Book of Biotechnology, By R.C Dube


 Biotechnology, By U.Satyanarayana
 Principles and techniques in Biochemistry and Molecular Biology, By Wison and
Walker
 Text book of Animal Biotechnology By B.D Singh
 Introduction to Forensic Science and Criminalistics

 Robert E Gaensslen Dr., Howard Harris, Henry C Lee

 Forensic Analysis and DNA in Criminal Investigations Including Solved Cold Cases
by RJ Parker
 Forensic Science, The Basics, Second Edition, Kathy Mirakovits
7. Reference Books :
Introduction to Biotechnology by William J. Thieman, Michael A. Palladino

Skill component:

Modules Skill components

Module 1 Isolation of DNA, Separation of DNA and molecular


weight detremination
Module II . Isolation of Plasmid DNA, Digestion and ligation of the
vectors, cloning

Module III DNA analysis and fingerprinting for identification

Module IV Identification ofindividuals from teeth. Ages of eruption


and otherindividual characteristics

Module V Blood Typing/Grouping– ‘ABO’ system and its


significancein forensic investigation

Module VI : Laboratory investigations in suspected wildlife crime


cases

Resource Person for Biotechnology

International

National

1. Dr. Samuel Rout,Associate Manager at Technology Transfer Office, KIIT- Technology


Business Incubator,E mail: samuel@kiitincubator.in

2. Dr Rakshak Kumar,Scientist,CSIR-ISBT Palampur, Email: rakshak@ihbt.res.in

199
3. Arati Karmakar (IP Manger),Aizant Drug Research Solutions,Hyderabd, E mail:
aratikarmakar@gmail.com

4. Dr. Abhinav Saurabh,Senior Research Officer, Department of Transplant Immunology


and Immunogenetics,All India Institute of Medical Sciences,New Delhi,E mail:
saurabh.abhinav@gmail.com

International

1. Dr Suresh Kumar Verma,Condensed Matter Theory Group, Materials Theory Division,


Department of Physics and Astronomy, Uppsala University, Box 516, SE-751 20 Uppsala,
Sweden,E mail: suresh.verma@kiitbiotech.ac.in

2. Dr Soumitra Mohanty, Department of Microbiology, Tumor and Cell Biology,


Karolinska Institutet, Stockholm, SE-17165 Sweden,Email: soumitrs.mohanty@ki.se

200
3RD SEMESTER
AUTUMN SEMESTER
B.Sc L.L.B
LW 2293: Practical Biotechnology
(Sem. 03/Paper-12)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Experiments:

1. Isolation of DNA from bacterial cell

2. Quantification by nanodrop.

3. Isolation of DNA from bacterial cell

4. Amplification of the gene

5. Agarose gel electrophoresis

6. Isolation of plasmid Vector

7. Restriction digestion of the vector

8. Ligation

9. Competent cell preparation

10. Ligation and transformation

201
4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 2018: Constitutional Law- II
(Sem. 04/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Overview:
This course has been designed to expose the students of law to the new challenges and
perspectives of the Constitutional developments in the area of fundamental rights, Directive
Principles of State Policy, and Fundamental Duties and to familiarize them with various
doctrines relating to the concerned subjects.

Course Objectives:

1. To understand the importance of various principles, concepts, and theories that form
the foundation of constitution-making.
2. To perceive the significance of fundamental rights and the role of the judiciary in
safeguarding them.
3. To analyse the changing dimensions of various rights and duties
4. To develop an enhanced understanding of precedents in the interpretation of laws.
5. To apply the constitutional principles to hypothetical or real problems.
Teaching Learning Methodology:

The students are expected to come to the class to be familiar with the assigned topic. The
methodology adopted for teaching shall be adopted in combination of the following:

1. Lecture method: Lectures will consist of covering the theory, examples, and class
discussion. Homework assignments will focus on applying the material from lectures.
2. The Dialectic method, Socratic Method, and lecture method supplemented by
classroom discussions, tutorials, and case studies. In addition, courtroom exercises are
also to be undertaken from time to time.
3.
Module I- Fundamental Rights I

Introduction:

This module covers the basic concepts related to fundamental rights, the concept of State,
meaning of Law etc. It is designed to give an overview of concepts associated with the
primary understanding of the of fundamental rights and the doctrine of State action followed
by the discussions on concept of right to equality, the first fundamental right and its
contemporary issues.

Unit 1- General Conceptions of Fundamental Rights [Part III]

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1.1.1. History and Significance of Fundamental Rights
1.1.2. Nature and Constitutional Scheme of Fundamental Rights
1.1.3. The State and the Fundamental Rights: Concept of “the State” for Enforcement of
Fundamental Rights under Article 12, Scope of the expression “other authorities”, Is
Judiciary a part of the State?
1.1.4. Violation of Fundamental Rights and State Action: “Law” under Article 13(3); An
amendment to the Constitution is not “Law” [Article 13(4)]; Unconstitutionality of a
Statute/ Law under Article 13 and Articles 245/246 r/w Seventh Schedule of the
Constitution.
1.1.5. The doctrine of void ab initio; Doctrine of the eclipse; Doctrine of severability;
Doctrineof waiver.
Unit 2- Right to Equality (Arts 14-18)

2.1.1. The Right to Equality (Art 14)- The old doctrine of legislative classification; Doctrine
of Reasonable Classification and the Principle of Non- Arbitrariness, Legitimate
Expectations; Constitution’s One Hundred and Third (Amendment) Act, 2019.

2.1.2. The Right to Substantive Equality- Protective Discrimination under Article 15(3),
Reservation of seats in educational Institutions, Reservation in services under the State,
Reservation in promotions in services under the State.

Theory and Skill components:

Conceptual and Theoretical understanding.


Course takeaway:

i. A clear understanding of the essence of fundamental rights; the ability to identify


how the definition of State is inexhaustive. The judicial interpretation of the State as
a concept and its changing trends. The concept of justiciability of fundamental rights;
difference between legislative power & constituent power (amendment not a law) and
the concept of judicial review.
ii. To have through knowledge of judicial and legislative trends on the reservation
scheme under the Constition of India pertaining to Socially and Educationally
Backward Classes (SEBC), Other Backward Classes (OBC) and criterion for
reservation on economic basis.
No. of hours: 15 hrs.

Module II- Fundamental Rights II

Introduction:

This module covers the concepts related to fundamental freedoms, principle of reasonability
of restrictions, rights of the accused, right to life and liberty followed by discussion about the
idea of golden triangle. Deliberations will involve discussions on a series of landmark cases
to enlighten the learners with deep learning of these areas.

203
Unit-2.1: Fundamental Right to Freedom (Art 19)

2.1.1. The six Fundamental Freedoms [Article 19 (1): Available only to citizens of India;
Freedoms are not absolute; Test of ‘Reasonable Restriction’ and the three-fold criteria[r/w
Article 19 (2)];

2.1.2. Freedom of speech and expression: Freedom of the press, freedom of the press and
commercial advertisements;

2.1.3. The constitutional position of freedom to acquire, hold, and dispose of property [r/w
Articles31, 31 A, 31 B, 31 C & 300 A]: Before and after Forty-Fourth (Amendment) Act,
1978.

Unit-2.2: Constitutional Rights of the Accused Persons (Art 20)

2.2.1 The Right againstex post factolaws;

2.2.2 The Right against Double Jeopardy;

2.2.3 The Prohibition against Self Incrimination.

Unit-2.3: The Right to Life and Personal Liberty (Articles 21 & 22)

2.3.1 Meaning and Scope of “life” and “personal liberty” and “procedure established by
law”- Position before and after Maneka Gandhi case;

2.3.2 Right to life and certain derivative rights- Right to privacy, Right to the lively hood,
Right to a healthy environment, Right to Education Before and after the Constitution (Eighty-
Sixth Amendment) Act, 2002, Right to Fair Trial, Right to free legal aid, Right to go abroad,
Right to basic needs;

2.3.3 Constitutional Safeguards to Persons detained under Preventive Detention Laws. (Art
22).

Unit-2.4: The Relationship of Articles 14 19 & 21.

Theory and Skill components:

Conceptual and Theoretical understanding.


Course Takeaway:

i. The six fundamental freedoms and how they are not absolute; the juridical
understanding of reasonable restrictions.
ii. The thorough understanding of the constitutional safeguards against conviction of
offences; against arrest and detention and the exceptional cases.
No.of hours: 14 hrs.

Module III- Fundamental Rights-III

204
Introduction:

This module covers the concepts related to prohibition on human trafficking, bonded labour,
child labour in the first unit. The other two units will deal with an understanding of religious
freedom and rights of minorities.

Unit 3.1: Right against Exploitation (Arts. 23 -24)

Unit 3.2: Freedom of Religion and Conscience (Arts 25-28)

3.2.1 Concept of Religion: It's meaning and significance in a secular democracy;

3.2.2 Individual’s right to religion and freedom to manage religious affairs.

Unit 3.3: Cultural and Educational Rights (Arts. 29-30)

3.3.1 Protection of minority interest: Non-discrimination on grounds of religion, race, caste &
language;

3.3.2 Right of Minority to establish and administer Educational Institutions of their choice;

3.3.3 The deciding test of minority status;

3.3.4 Administrative autonomy of minority institutions and the regulatory power of the State:
Limitations.

Theory and Skill components:

Conceptual and Theoretical understanding


Course takeaway:

The conceptual clarity of freedom of religion and secularism. The understanding of who is a
minority and how are minority educational institutions administered.
No. of hours: 8 hrs.

Module IV- Right To Constitutional Remedies

Introduction:

This module covers mainly the concepts related toremedies available on account of breach of
fundamental rights – writs, public interest litigation and its metamorphosis. It will also
involve discussions on the various other institutions for the protection of fundamental rights
and human rights.

Unit 4.1: Protection of Fundamental Rights

4.1.1 Right to Constitutional Remedies - Doctrine of locus standi; Public Interest Litigation:
Writs of Habeas Corpus, Quo Warranto, Prohibition, Mandamus&Certiorari.

4.1.2 Institutions for the protection of fundamental rights and human rights.

205
Course takeaway: The conceptual clarity of remedies available for breach of fundamental
rights; the courts which can extend such remedies under Article 32; applicability of Art. 139.

Theory and Skill components:

DraftingWrit petitions&PIL
No. of hours: 4 hrs

Module- V:Directive Principles And Fundamental Duties

Introduction:

This module covers the fundamental principles of governance and the fundamental duties.
Further deliberations will involve discussions about their relationship with fundamental rights
and their justiciability.

Unit 5.1: Directive Principles of State Policy [Part IV]

5.1.1 The Constitutional scheme;

5.1.2 Directive Principles of State Policy including Inter-relationship with Fundamental


Rights;

5.1.3 Judicial Attempt to enforce directive Principles of State Policy.

Unit 5.2: Fundamental Duties [Part IV-A]

Reasons for incorporation, Nature, and Scope.

Theory and Skill components:

Conceptual and analytical understanding

Course Takeaway:

Learners grasp how DPSPs are fundamental in governance yet not justiciable in nature; to
understand the relation between FRs and DPSPs. The appropriation of Fundamental duties.
No.of hours: 5 hrs.

Module- VI:Fundamental Rights And Emergency

Introduction:

This module will give the reader an idea about the working of the constitution during
exigencies, extremity or constitutional crisis. It will throw light on different types of
emergency with the help of rigorous discussion on several emergency proclamation in the
history of Indian governance.

6.1. Proclamation of Emergency Art 352

206
6.2. Justiciability of proclamation under Article 356

6.3. Consequences of Proclamation of Emergency

6.4. Impact on Fundamental Rights

Theory and Skill components:

Conceptual and analytical understanding


Course Takeaway:

The learners will understand the different types of proclamation and the specific grounds of
proclamation. They will know the nuances of “satisfaction of the President”; The suspension
of fundamental rights and the conditions.
Case Laws:

1. KesavanandaBharati v. State of Kerala (AIR 1973 SC 1461).


2. Minerva Mills Ltd v. Union of India (AIR 1980 SC 1789).
3. A.D.M Jabalpur v. Shivakant Shukla (AIR 1976 SC 1207).
4. Zee Telefilms Ltd v. Union of India [(2005) 4 SCC 649].
5. Ashoka Kumar Thakur v. Union of India [(2008) 6 SCC 1].
6. Bennett Coleman & Co. v. Union of India; (AIR 1973 SC 106).
7. Justice K.S. Puttuswamy (Retd.) v. Union of India (2017) 10 SCC 1
8. Common Cause v. Union of India: (2018) 9 SCC 382.
9. Navtej Singh Johar v. Union of India: 2018 (1) SCC 791.
10. Indian Young Lawyers Association &Ors vs. The State of Kerala &Ors. Sabarimala
Temple (2019) 11 SCC 1.
Text Books:

1. Jain, M.P. Indian Constitutional Law, (7th ed.), LexisNexis, 2016.


2. Shukla, V.N. Constitution of India, Eastern Book Agency, 2014
3. Austin, Granville The Indian Constitution: Cornerstone of a Nation, New Delhi, Oxford
University Press.
4. Jain, M.P. Outlines of Indian Legal History, Nagpur, and LexisNexis Butterworth
Wadhwa.
Reference Books:

1. Austin, Granville Working a Democratic Constitution: The Indian Experience, New


Delhi, Oxford University Press.
2. Basu, D.D. Introduction to the Constitution of India, (21st ed.), Nagpur, LexisNexis
Butterworths Wadhwa.
3. Basu, D.D. Shorter Constitution of India, Nagpur, LexisNexis Butterworths Wadhwa,
Vol. 1 & 2.
4. Bhat, IshwaraFundamental Rights, A Study of their Interrelationship, Kolkata, New
Delhi, Eastern Law House, 2004.
5. Dicey, A.V. An Introduction to the Study of the Law of Constitution (9th ed.), Delhi,

207
Universal Law Publishing Co. Ltd.
6. Keith, A.B. A Constitutional History of India, Allahabad, Central Book Depot.
Research Articles:

1. Marc Galanter, ‘Competing Equalities: Law and the Backward Classes in India’,
University of California Press, 1984, xxvi, 625 pp.
2. UpendraBaxi, “The Little Done, The Vast Undone” – Some Reflections on
Reading Granville Austin’s The Indian Constitution, JILI, Vol. 9, No. 3, 323-430
pp.
3. P.P. Craig and S.L. Deshpande, ‘Rights, Autonomy and Process: Public Interest
Litigation in India, Oxgord Journal of Legal Studies, Vol. 9, No. 3, 356 – 373 pp.
4. Paras Diwan, ‘Indian Constitutional Amendments’, JILI, Oxford & IBH Publishing
Co., 268 pp.
5. Andre Béteille, ‘Constitutional Morality’, EPW, Vol. 43, No. 40, 35-42 pp
Advance Reading Material:

1. Rai, Kailash, History of Courts, Legislature and Legal Profession in India, Allahabad
Law Agency.
2. Pal, SamaradityaIndia’s Constitution Origins and Evolution, LexisNexis, Vol. 1, 2, 3,
4 & 5, 2014.
3. Seervai, H.M. Constitutional Law of India: A Critical Commentary, Vol. I; Chapter 4,
Delhi, Universal Law Publishing Co. Ltd.
4. Shiva Rao, B. The Framing of India’s Constitution, (Vol. 2 & 5), Delhi, Universal
Law Publishing Co. Ltd.
5. Singh, M.P. Outlines of Indian Legal & Constitutional History, New Delhi, Universal
Publishing Co.

Skill Component:

Modules Theory and Skill Component

Module – I Conceptual and Theoretical understanding – Articles 12 to 18.

Module – II Conceptual and Theoretical understanding – Articles 19 to 22

Module – III Conceptual and Theoretical understanding – Articles 23 to 30

Module – IV DraftingWrit petitions & PIL

Module – V Conceptual and Theoretical understanding – Articles 36 to 51-A

Module – VI Conceptual and Theoretical understanding – Articles 352 to 360

List of Resource Persons:

208
National:

1.Prof. Faizan Mustafa, Vice Chancellor, NALSAR, Hyderabad.

2.Prof. Dr. A Lakshminath, Vice Chancellor, CNLU, Patna & Chancellor, DSNLU, Andhra
Pradesh.

3.Prof. (Dr.) MP Singh, Research Professor of Law & Distinguished Scholar, OP Jindal
Global University, Jindal Global Law School, India.

4.Vikramjit Banerjee, Solicitor General of India

5.Prof. Bhavat Kumar Gormer, Vice Chancellor, DSNLU, Andhra Pradesh.

6.Prof. Abhinav Thakur, Delhi University.

7.Prof. Salim Akhtar, Aligarh Muslim University.

8.Prof. Rajeev Khare, NLIU, Bhopal.

9.Dr. Rabindra Pathak, NUSRL, Jharkhand.

10.Prof. Siva Ram Tripathi, Banaras Hindu University

International:

1.Prof. Madhav Khosla, Columbia Law School.

2.Prof. Tonye George, Jindal Global University

209
4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 2020:Criminal Procedure Code,1973
(Sem. 04/Paper-02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

This course willguide the students through the technicalitiesoftheCriminal Procedure


in Indiaa.k.a The Code of Criminal Procedure,1973by providing an orientation starting from
the procedures of arrest to final disposition along with an additional emphasis on Preventive
,Restorative and Reformative Justice. The delicate balance between interests of theAccused
and the Victim along with the Rule of Law will form the Coursefoundation.

Course Outcomes:

1. To provide an overview of criminal justice delivery system


2. To provide the students an understanding of the theoretical and practical aspects of
the Code of Criminal Procedure
3. To acquire an understanding of the concept and types of criminal justicesystem.
4. To disseminate knowledge on investigation, inquiry and trialprocedure.
5. To aware students on juveniles in conflict with law, probation system in India and
victim compensationscheme.
6. Students will leave the course with an appreciation of how the Code of Criminal
Procedure focuses on the rights of the accused and the impact upon our law
enforcement system.
Teaching Learning Methodology:

The teaching methodology that shall be adopted in this paper is a combination of


lecture method, case study, and interactions. This shall be followed by discussions on case
laws.

Module – I: Introduction To CRPC

Introduction:

The Module shall strive to explain students the historical evolution from Pre-Mughal
Era to the Current Code. The students will be explained the goals, procedure of a Criminal
Trial Procedure and be made aware about the basic fundamental concepts of the Criminal
Justice administration system. This module shall entail the discussion on the roles and duties
of the Stakeholders of the Criminal Administration system.

210
1.1Historical Development: Objectives of the Criminal Procedure.(Theory)

1.2.Definitions of: Offense, Bailable offence, Non-bailable offence, S 2(a); cognizable, non-
cognizable offence,S 2(c), complaint, S 2 (d);inquiry, investigation,S 2(g),(h);judicial
proceedings S 2(i)police report, S 2(r)Victim S 2 (wa)public prosecutor, S2(u) ;summons
cases, warrant case, S 2(w) (x) ;consecutive and concurrent sentences S 31. (Theory)

1.3 Territorial division, hierarchy, powers and duties of Criminal Courts. (S 6-23, 26-31)
(Theory)

1.4 Stake holders in Criminal Justice System and their duties: Police, Court, Prosecution,
Defense, Correctional Administration. (Theory)

Theory and Skill Component:

i. Familiarization with the language and procedures related to the various aspects
of Criminal Procedural Code.
Course Takeaway:

i. The students will be understandthe goals, procedure of a Criminal Trial Procedure


and be made aware about the basic fundamental concepts of the Criminal Justice
administration system. There will be Online Classroom Exercises, Discussion on
illustrations and case laws, Weekly assignment on Problem - based questions,
Random Presentation call at the end of each lecture .Weekend Multiple Choice
Questions through google form.
No. of hours:6 hrs

Module – II: Pre-Trial Stage

Introduction:

This Module intends to make the student aware of the one of the essential phases of a
criminal proceedingwhich lays down the basis of a holistic trial. The Pre trial proceeding
outlines the basic procedure andactions to be taken by the investigative officers during the
investigation of the offence. The module alsointends to inform the students aware about the
rights of accused during trial, role of magistrate in pre trialproceedings

2.1.Initiation of Criminal Case –

2.1.1. Information in Cognizable Offenses; Information in Non Cognizable Cases


andSubsequent Procedure Sec 154, 155(Theory)

2.1.2. Complaint (Ss. 2 (c) (d) (1),Definition; Essentials, Procedure of A Valid Complaint;
Dutyof the Concerned Magistrate ; Examination of Complainant

2.2. Investigation - Ss. 156, 157, 93, 160-l64A,167, 173,176: .Procedure for
Investigation;Procedure in Cognizable and Non Cognizable offences. (Skill)

211
2.3. Arrest and related provisions; rights of arrested person S 41, 46-47, 51-53, 53A, 54, 57,
50-50A, 53A, 54-54A, 55A, 56-57, 60A (Skill)

2.4. Search and seizure (sections 99,100, 165, 166 read with section 100)

2.5. Bail: (Ss. 436-450) : Concept and purpose of Grant of Bail (Bail when and when not to
begranted) S, 169 ,170, 436 ,437; Compulsory release (Default Bail), Cancellation of Bail
;Anticipatory Bail ; Appellate Powers ; General principles of concerning bond (Ss. 436-
450)(Skill)

2.6 Pre-trial process:

2.6.1 Magisterial Powers to take cognizance (Ss. 190, 193, 199, 200, 202, 204,209-224, 228)
- Cognizance of Offences; Examination of Complainant; Issue of Process;

2.6.2 Committal Proceedings (Theory)

Theory and Skill Component:

i. Filing a criminal pleading, Drafting a FIR, Procedure for an Investigation,


Drafting a Bail Petition
Course Takeaway:

i. This module will help the students imbibe the various intricacies of Pre Trial
Procedure. There will be Online Classroom Exercises, Discussion on illustrations
and case laws, Weekly assignment on Problem - based questions, Random
Presentation call at the end of each lecture, Weekend Multiple Choice Questions
through google form.
No. of hours: 10 hrs.

Module – III: Trial

Introduction:

The following Module shall help make the student aware of the types of Trial involved
for theproceeding. Further, the general provisions of trial such as evidence for prosecution
and defence,examination of the accused shall be discussed for the student to have a clear
understanding of the Trialprocedure in the Criminal Courts. The Later part of the module
deals with Judgment and connectedmatters that shall make the student aware regarding the
imposition of death penalty and the limitationstherein and the procedure of Sentence Hearing
and the Importance of Compensation.

3.1. Charge: Framing of charge; form and contents of charge (Ss. 211, 212, 216);
separatecharges for distinct offence (Ss. 218-221, 223) (Skill)

3.2. Types of trial: Trial before a Court of Sessions, Trial of Warrant Case, Summons
Case,Summary Trial.(Skill)

212
3.3. Trial Procedure: Evidence for Prosecution, Evidence for Defence, Examination of
accusedUnder Section 313. (Theory)

3.4. Judgment and Sentence hearing: Judgment (Form and Content (S. 354); Post-
Convictionorder in lieu of Punishment (Ss. 360, 361, 31); Death Penalty, Compensation and
cost (Ss. 357,

358), Victim Compensation Scheme Ss 357A, Modes of providing judgment (Ss. 353, 362,
363);Limitation (Theory)

Theory and Skill Component:

i. Procedure to file a criminal pleading, Learning Trial Procedure, Drafting


Arguments, Victim Counselling for Compensation.
Course Takeaway:

i. Trial Procedure is a key to criminal justice administration. Through this module,


the Student will learn the intricacies of trial .

No. of hours:10 hrs.


Module – IV: Other Trial Related Concepts

Introduction:

The following module shall entail a thorough discussion of the facets of Fair Trial in
theCriminal Justice system. The students will gain knowledge on Preliminary pleas to bar the
trialwith relevant discussion made on Compounding of offences and Plea Bargaining Sec
265A to265K for them to have a lucid understanding of the concepts.

4.1. Fair Trial : Plea of autrefoisacquit and autrefoisconvict(Ss. 300, 220) (Theory)

4.2.Preliminary pleas to bar the trial: Jurisdiction (Ss. 26, 117, 188, 461, 462, 479);
Timelimitation (Ss. 468-473); Estoppel (Theory)

4.3.Compounding of offences.; Irregular proceedings; .Plea Bargaining Sec 265A to


265K(Theory)

4.4.Inherent powers of the court; Pardon;

4.5 Transfer of cases (Ss. 406-407) (Theory)

4.6 .Relevance of various Statements/Evidence in inquiries and trials.

Theory and Skill Component:

i. Application of Legal Codes & Procedures, Researching Legal Precedents of Fair


trial

213
Course Takeaway:

i. The essence of Fair Trial Principles in a Criminal Justice Administration.

No. of hours: 8 hrs.

Module – V: Appeal Review and Revision

Introduction:

The following module shall entail a thorough discussion on the Review Procedures of Appeal
Revision and Reference. The students will gain knowledge regarding availability of appeal in
certain cases and provision of Appellate Remedies with relevant discussions on
RevisionalJurisdiction for them to have a clarity of the concepts.

5.1. No appeal in certain cases (S. 372, 375, 376);

5.2 Appellate Remedies (Ss. 374, 379) (Theory)

5.3. Special Right to Appeal (S. 380); Legal aid in appeals (Theory)

5.4. Government Appeal against sentencing (Ss. 377, 378) (Theory)

5.5. Judicial power in disposal of appeals (S. 368) (Theory)

5.6. Revisional Jurisdiction (Ss. 397-405) (Theory)

Theory and Skill Component:

i. Essential Requirements and Procedure of Appeal Filing


Course Takeaway:

i. Knowledge about Availability of appeal in certain cases , Revisional Jurisdiction .

No. of hours:10 hrs.

Module – VI:Miscellaneous Provisions; Preventive and Precautionary Measures(Ss.


129- 153)

Introduction:
The aim of the Module is to make the students aware that the penological goals of the modern
criminal Law has now widened to Preventive, Precautionary, Reformative and Rehabilitative
aswell.
6.1. Proceedings for maintenance of wives, children and parents. (Theory)

6.2. Prevention of cognizable offences S 149; Security for keeping peace-good behaviour S
106-110;

6.3Public nuisance – conditional order for removal of nuisance- consequential steps-

214
apprehended danger S 133,143,144 ; Dispersal of unlawful or potentially unlawful assemblies
S129,130; Preventive measures in respect of land or water disputes 147 (Theory)

6.4. Juvenile Justice (Care and Protection of Children) Act, 2000: Juvenile Court System,

Juvenile Justice Board S 4-9, 14-26(Theory)

6.5. Probation, Admonition: Probation of offender’s Indian law, (S. 360) (Theory)

6.6 The Probation of Offenders Act, 1958 (Ss 3, 4,5,6,8,9) (Theory)

Theory and Skill Component:

i. Portions of the modules highlighted as skill based components will have the
presence of an academic expert for indepth deliberation. The students will be
able to enhance the analytical skills through the learning process.
Course Takeaway:

i. Understanding the various Preventive , Precautionary and Reformatory


provisions.
No. of hours: 10 hrs.

CASE REFERENCE

Case Laws:

1. Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 154


2. Joginder Singh vs. Sate of UP (1994) 4 SCC260
3. D.K. Basu vs. State of West Bengal (1997) 1 SCC 416
4. Madhu Limaye, In re (1969)1 SCC292
5. Ramesh vs. LaxmiBai (1998) 9 SCC 266
6. Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
7. Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
8. Bachan Singh vs. State of Punjab (1980) 2 SCC 684
9. Machhi Singh And Others vs State Of Punjab 1983 AIR 957, 1983 SCR (3) 413
10. Hussainara Khatoon vs. Home Secretary, State of Bihar 1979 AIR 1360
Text Books:

1. Code of Criminal Procedure, 1973 Bare Act, CrPC, Criminal Procedure Code, Code
of Criminal Procedure, 1973 2021 Edition
2. R.V. Kelkar's Lectures on Criminal Procedure including Probation and Juvenile
Justice by Dr. K.N. Chandrasekharan Pillai; Edition: 6th, 2017, Reprinted 2021
3. Ratanlal&DhirajlalThe Code of Criminal Procedure 2020
Articles :

1. Role of the Victim in the Criminal Justice Process P. V. Reddi Student Bar Review ,
Vol. 18, No. 1 (2006), pp. 1-24 (24 pages)
2. POLICE INVESTIGATION : A REVIEW , R. Deb , Journal of the Indian Law

215
Institute, Vol. 39, No. 2/4 (APRIL-DECEMBER 1997), pp. 260-271 (12 pages)
3. Books for advanced Reading: (Texts books, articles and commentaries )
4. Brandl, S.G. CriminalInvestigation
5. Woodroffe, Commentaries on Criminal ProcedureCode
6. Ved Kumari-Juvenile JusticeSystem
7. NEED FOR MAKING INVESTIGATION A PRE-TRIAL JUDICIAL PROCESS R. Deb
Journal of the Indian Law InstituteVol. 41, No. 1 (January-March 1999), pp. 95-102
(8 pages)
8. 'LIFE SENTENCE' AFTER 'LIFE SENTENCE' IN A SPAN OF 'LIFE': A PENAL
MEASURE! K I Vibhute Journal of the Indian Law Institute Vol. 58, No. 4 (October -
December 2016), pp. 447-456 (10 pages)

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND


COMMENTARIES)
1. Criminal Procedure by Takwani’s
2. Maheshwara Swamy, Dr. N.-Text Book of Criminal Procedure Code, Law of Juvenile
Justice and Probation ofOffenders
3. Mishra, S.N.- Code of CriminalProcedure
4. Basu, D.D.-Criminal ProcedureCode
5. Chakraborty,N.K.-ProbationSystemintheAdministrationofCriminalJustice
6. Gaur, K.D. The Textbook On The Code Of CriminalProcedure
7. Sarkar on Criminal ProcedureCode
Skill Component:

Modules Theory and Skill Component

Module – I Familiarise yourself with the language and procedures related to the various
aspects of Criminal Procedural Code

Module – II Filing a criminal pleading, Drafting a FIR, Procedure for an Investigation,


Drafting a Bail Petition

Module – III Procedure to file a criminal pleading, Learning Trial Procedure, Drafting
Arguments, Victim Counselling for Compensation

Module – IV Application of Legal Codes & Procedures, Researching Legal Precedents of


Fair trial

Module – V Filing an Appeal, Revision

Module – VI Analytical Skills

216
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS:

1. Prof (Dr) G S Bajpai, Vice Chancellor, Rajiv Gandhi National University of Law,
Punjab
2. Prof. Balraj Chauhan, VICE-CHANCELLOR, Dharmashastra National Law
University, Jabalpur.
3. Prof. N. K. Chakrabarti, Vice Chancellor, The WB National University of
Juridical Sciences E-Mail: vc@nujs.edu
4. Dr. Nandini C.P, Associate Professor, DSNLU.
5. Prof. Durgambini Patel, Senior Professor Savitribai Phule Pune University,
(University of Pune) Law School.
6. Mike Klinkosum, Certified Specialist in Criminal Law and Criminal Trial
Advocacy, Tin fulton Walker and Owen , PLLC,
https://www.linkedin.com/in/mike-klinkosum-b430638

217
4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW2016: Jurisprudence
(Sem. 04/Paper-03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:
The course has been designed to acquaint students with the legal theories and fundamental
legal concepts. It also focuses on the changing conceptions of legal theory in context.In order
to achieve the above mentioned object, the course is subject is divided into two parts, first
part concerns the theories and the second part is about fundamental legal concepts. The
course begins begin by reviewing classic works of distinct jurisprudential traditions--those of
legal positivism and natural law, Historical approach, sociological approach etc. The course
gradually helps the student to conceptualize the relationship between "law in theory" and
"law in practice." The course for this semester, other than focusing on the descriptive
historicism of ideas, shall endeavour to incorporate elements of problem based teaching, for
purposes of which students will be provided with case laws corresponding to the concerned
school ofjurisprudence.

Learning Objectives:

1. To enable the students to understand the metabolism of law.


2. To enable the students to understand the different currents and strains of socio-
economic or political philosophy that has shaped legal formulations through history
up to the presentday.
3. To enable the students to enquire about the discrete topics like relationship between
law and morality, the nature of rights and other legalconcepts.
4. To enable the students learn the basic theories of law as well as develop their critical
thinking and reasoning by making them think and raisequestions.
Teaching Learning Methodology:

Teaching would be primarily done by means of the Socrates method. There will be a few
groups works, discussions, project work, and project presentations. In addition to readings,
case laws, and notes in the text, materials from the web shall be employed to provide one
with source documents and commentaries concerning the development and articulation of the
principles underlying the study of Jurisprudence. One is expected to become familiar with
these principles, to be able to extract those principles from the cases studied, and be able to
apply those principles in a reasoned and disciplined manner to factual situations. Final Grades
will be based upon the attendance of the student, as well as his/her performance in, class
discussions, written assignments, research papers, and the final examination.

Module I: Introduction To Jurisprudence

218
Introduction:

This module is aimed to introduce the students to primary concepts and facets of
Jurisprudence, with specific emphasis the concept of principles underlying law, morality and
justice.

1.1.Meaning and Scope of Jurisprudence


1.2. Purpose of Jurisprudence

1.3. Branches of Jurisprudence

1.4. Classification of Jurisprudence

1.5. i. Concept of Justice

Theory and Skill Component:

Taking into consideration the above mentioned, as well as based on the subject matter of the
scientific article, the purpose of the study is to reveal the theoretical and practical features of
theprofessional competences’formation and development of the scholars
Course Takeaway:

Student will get the overall idea of jurisprudence. They will be able to differentiate between
law, morality and justice.
No. of hours:: 12 hrs

Module II: Natural Law School

Introduction:

This module has been designed with the motive to inform the students about the different
theories of Natural Law School, such as theory of law given by Socrates, , Aristotle, Stoic,
Thomas Aquinas, Hobbes, Rousseau etc.

2.1. The AncientTheories

2.2. The MedievalTheories

2.3. The Renaissance Theories

2.4. The Modern Theories

2.5. Natural Law: Indian Perspective

Theory and Skill Component:

Methods of analysis, synthesis, observation, description, comparison and

219
generalization have been applied to reveal the purpose of the scientific research
Course Takeaway:

i. Student will know the various approaches to law made by the jurist during the past
and present.
ii. They will understand the importance of morality in law and identify ideal law
with the principles of rule of justice.
No. of hours: 12 hrs

Module III: Positivism And Legal Theory

Introduction:

This module has been designed with the motive to inform the students about the different
theories, origin and the main features of Analytical Law School.

3.1.JeremyBentham
3.2.John Austin – CommandTheory
3.3.H.L.A.Hart
3.4.HansKelsen
3.5.Influence of Positivism in India
Theory and Skill Component:

Methods of analysis, synthesis, observation, description, comparison and generalization have


been applied to reveal the purpose of the scientific research.
Course Takeaway:

i. Student will know the various approaches of positive jurisprudence.


ii. They will be able to compare between the positive theories and natural law
theories.
iii. They will be able to critically evaluate the concept of positivism and the principles
underlying it.
No. of hours: 12 hrs

Module IV: Historical School; Sociological School and Realist School

Introduction:

This module has been designed with the motive to inform the students about the different
theories, origin and the main features of Historical School, Sociological School and Realistic
School.

4.1.Historical School: Savigny and Henry Maine


4.2.Sociological School: Roscoe Pound and Duguit
4.3.Realism:American Realism: Oliver Wendell Holmes; Karl Llewellyn and
BenjaminCardozo ScandinavianRealism
4.4.Implication of Customary Law in India

220
Theory and Skill Component:

i. To established that modern Jurisprudence should possess the following


professional competences: to be fluent in modern legislation and other legal
norms; to rely on the features and qualities of leading scientists, working in this
field; to be able to interconnect private and public interests and allocate
responsibility to individual cases; to be well-versed in legislative practice and to
act by law in unexpected situations
Course Takeaway:

i. Student will be able to compare and differentiate between the theories of


different schools of Jurisprudence.
ii. They will be able to critically evaluate the concept of above mentioned schools
and the principles underlying it.
iii. Student will also know the importance of custom, interest of society and
precedence in the process of making of law.
No. of hours: 12 hrs

Module V: Concepts of Legal Rights and Duties

Introduction:

The real credit of development of human civilization goes to law and its prohibiting process
which appraised man of his rights and duties as a unit of the society. This module is aimed to
discuss the primary concepts and relation betweenrights and duties.

5.1. Conceptual Understanding of Rights and Obligations

5.2. Characteristics and Elements of Legal Rights

5.3. Different Kinds of Right

5.4. Hohfeld Concept of Rights and Duties

Theory and Skill Component:

To think critically and professionally; to prepare for classesto a full extent, using modern
innovative teaching methods to teach material in the classroom;to take an active part in
activities organized by the tertiary educational institution, local community, etc.; to be
engaged in professional development, constantly improve one’s own competences
Course Takeaway:

Student will be able to compare and differentiate between the right, liberty, privilege, power
and immunity. They will be able to differentiate be rights and duties and know what are the
different kind of rights and duties.

No. of hours: 12 hrs

221
Module VI: Property, Possession and Ownership

Introduction:

The concept of property occupies an important place in human life because it is virtually
impossible to live without the use of material objects which constitute the subject-matter of
property. This module is aimed to discuss the primary concepts and relation between
property, possession and ownership.

6.1.Concept of Property; Modes of acquisition of Property and Kinds of Property


6.2.Concept and Kinds ofPossession
6.3.Concept, Incidents and Kinds ofOwnership
6.4.Modern Trends and Theories
Theory and Skill Component:

Based on the results of the conducted study of the theoretical and practical features of the
professional competences’ formation and development of Jurisprudence scholar it has been
established that these competences begin to form and develop even at the stage, when
students study at the tertiary legal educational institutions.
Course Takeaway:

i. The students would understand the legal issues pertaining to property, possession
and ownership.
ii. They will know the modes of acquiring the property, possession and ownership.
iii. They will be able to differentiate between the possession and ownership and
identify the different kinds of property, possession and ownership.
No. of hours: 12 hrs

Leading Cases/ Case Law Study:

1. R v Dudley and Stephens (1884) 14 QBD 273 DC


2. Armorie v Delamirie (I Stra, 1722, 505)
3. Shantabai v State of Bombay (1959, SCR 265)
4. State of Bihar v Kameshwar Singh, AIR 1952, SC 252
5. Maneka Gandhi v Union of India, AIR 1985 SC 597
6. Jones v Lipman, 1962, All E.R 342
7. Gilford Motor Co. Ltd. V Horne (1933, Ch 935)
8. Connors Ltd. v Connors, 1940, 4, All E.R 174
9. Shri Raja Tenkata v Shri Raja Suraneni, 1908, 31 Mad. 310
10. Abdul Qadir v Turner, 1884, 9 Bom. 158
11. Pinchin N.O v Santam Ins Co Ltd, 1963, 2 SA 254
12. Ashray Adhikar Abhiyan v Union of India, AIR 2002 SC 554

222
Text Books:

1. Dias,R.W.M.,1994.Jurisprudence.5th ed. New Delhi: Butterworths and


Co(Publishers) Ltd.Fitzgerald,
2. P.J.,‘Salmond on Jurisprudence’,TwelfthEdition, Universal Law Publishing Co,2012.
3. Freeman, M. and Lloyd of Hampstead, D. (2008). Lloyd's introduction to
jurisprudence. London: Sweet &Maxwell.
Reference Books:

1. Jayakumar, N.K.,2006. Lectures in Jurisprudence. 2nd ed. New Delhi. Lexis


NexisButterworths
2. Paton, G.W., A textbook on Jurisprudence, Fourth Edition, Oxford University
Press,2004
Researched Articles Reference:

1. David Luban, Natural Law as Professional Ethics: A Reading of Fuller, 18 SOC.


PHIL. & POL'Y 176(2000).
2. Jeremy Telman, A Path Not Taken: Hans Kelsen's Pure Theory of Law in the Land of
Legal Realists, in Hans Kelsen Anderswo/HansKelsen Abroad 353 (Robert Walter,
Clemens Jabloner & Klaus Zeleny eds., 2010).
3. L. A. Hart, Positivism and the Separation of Law and Morals, Harvard Law Review,
Vol. 71, No. 4 (Feb., 1958), pp. 593-629
4. Wilfrid E. Rumble, Legal Positivism of John Austin and the Realist Movement in
American Jurisprudence, 66 Cornell L. Rev. 986 (1981)
5. Richard A. Posner, Savigny, Holmes, and the Law and Economics of Possession, 86
Virginia Law Review 535 (2000)
6. M C. Mirow, The Social-Obligation Norm of Property: Duguit, Hayem, and Others ,
22 Fla. J. Int'l L. 191(2010)
7. James A. Gardner, The Sociological Jurisprudence of Roscoe Pound (Part I), 7 Vill.
L. Rev. 1 (1961)
8. StephenUtz, Maine's Ancient Law and Legal Theory, Faculty Articles and Papers.,
(1984), 69
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. Friedman W.Legal Theory. (Fifth Edition), Universal LawPublishing Co-Pvt.Ltd.
Bodenheimer, Edgar, 2011. Jurisprudence, the Philosophy and Method of the Law.
Cambridge: Harvard UniversityPress.
Skill Component:

Modules Theory and Skill Component

Module – I Taking into consideration the above mentioned, as well as based on the subject
matter of the scientific article, the purpose of the study is to reveal the theoretical
and practical features of theprofessional competences’formation and development
of the scholars

Module – II Methods of analysis, synthesis, observation, description, comparison and

223
generalization have been applied to reveal the purpose of the scientific research

Module – III Methods of analysis, synthesis, observation, description, comparison and


generalization have been applied to reveal the purpose of the scientific research

Module – IV To established that modern Jurisprudence should possess the following professional
competences: to be fluent in modern legislation and other legal norms; to rely on
the features and qualities of leading scientists, working in this field; to be able to
interconnect private and public interests and allocate responsibility to individual
cases; to be well-versed in legislative practice and to act by law in unexpected
situations;

Module – V To think critically and professionally; to prepare for classesto a full extent, using
modern innovative teaching methods to teach material in the classroom;to take an
active part in activities organized by the tertiary educational institution, local
community, etc.; to be engaged in professional development, constantly improve
one’s own competences

Module – VI Based on the results of the conducted study of the theoretical and practical features
of the professional competences’ formation and development of Jurisprudence
scholar it has been established that these competences begin to form and develop
even at the stage, when students study at the tertiary legal educational institutions.

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

1. Prof. V. D. Sabestian, Adjnct Professor


2. Prof. G. V . Ajjappa, Govt.Law College Bangalore.
3. . Prof . Rahul Singh, Associate Professor of Law,NLSIU
Email. rahulsingh@nls.ac.in
4. Akash Singh Rathore, Director (IRNRD) Professor, author & Ironman triathlete

International

1. LizzieBarmes, Professor, school of law, QMUL


Email. Lizzie.barmes@qmul.ac.ukJohn
2. Morison, Professor School Of Law,The Senator George J Mitchell Institute for Global
Peace, Security and Justice, Email.J.Morison@qub.ac.uk

5. MODEL QUESTIONS
MODULE QUESTIONS

224
MODULE 1 Short Question
1. Jus Civili
2. Jus Gentium
Long Question
There are divergent views regarding the exact contents of
jurisprudence. But it has been generally accepted that sources, legal
concepts and legal theory constitute the main premises of the study
of jurisprudence. Discuss.
MODULE 2 Short Question
1.What was Plato’s theory of ideal state?
2. Social Contract Theory
Long Question
1.A famous nineteenth century case {R. Vs. Dudely & Stephens. 14
Q.B.D. 273 (Queen’s Bench Division. 1884)} involving a
shipwrecked crew of four. After nineteen days lost at sea, the
captain decides to kill the cabin boy, the weakest amongst them, so
they can feed on his blood and body to survive. Discuss the
principles of utilitarian philosopher Jeremy Bentham in this
instance.
MODULE 3 Short Question
1. Hart’s Idea on Primary Rules
2. Legal Positivism
Long Question
Kelsen’s pure theory of law is a theory of positive law. As a theory it is
exclusively concerned with the accurate definition of the subject matter. It
endeavours to answer the question what is law? But not the question,
what it ought to be? It is a science and not a politics of law. .The science
of law should be free from all foreign elements. In the light of this
statement critically analyze Kelsen’s Pure theory of Law.
MODULE 4 Short Question
1.Volksgeist
2. Social Engineering
Long Question

225
Critical Legal Studies (CLS) is a legal theory that challenges and
overturns accepted norms and standards in legal theory and
practice. With the help of the decisions laid down by the Indian
judiciary analyze the above statement.
MODULE 5 Short Question
1.Interest Theory
2.Right in persona
Long Question
Article 105 Clause (1) of the Indian Constitution provides freedom
of speech in Parliament to the Parliamentarians, and Clause (2) of
the Indian Constitution also says that no member shall be liable to
any proceedings in any court in respect of anything said or any vote
given by him in Parliament. Critically evaluate the statement with
the help of Hohfeld’s Analysis of Rights.
MODULE 6 Short Question
1.Jura in Re Alien
2.Savigny thoughts on Possession
Long Question
AX (now deceased) is the father of the Z and the husband of Y. X
had purchased amongst several other suit property from A and B. X
was a developer. He died leaving Z and Y; and his father P then
surviving now deceased. After death of X father P became the
guardian of Z and his properties. Since P was an aged man and
found it difficult to manage all properties. He asked Q to effectively
manage the property RS because some local people wanted to grab
the property illegally. In order to prevent such illegal possession Q
was allowed to occupy and stay there. After death of P and on
attaining majority, Z along with his mother wanted to get back the
RS property. Q denied the ownership of Z and Y. They claimed that
having found the property in vacant condition and having found no
owner nor any claimant occupied the same erecting structures and
shed for their residence. They have been staying in that property for
the last 35 years.

226
Considering the facts given above answer the following questions:
(i) Can Q claim his right over RS property? Give Reasons for your
response.
(ii) Distinguish between ownership and possession.
(iii) Elucidate the different types of ownership with illustrations.

227
4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B
LW2112: Public Administration
(Sem. 04/Paper-04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

There is a paradigm shift in the scope of Public Administration as the state has been
undergoing a sea change with the advent of Globalization. It is crucial for students to be
acquainted with the structure and functions of the complex and gigantic administrative
machinery in India to imbibe the integrative knowledge, skills and ethics necessary for
prudent leadership positions.

Learning Objectives:

i. It aims to explain students about basic theories and issue in the study of public
administration.
ii. It will familiarize students with the institutional structures, functional principles and
contemporary challenges in regard to personnel & financial administration in India.
iii. It will make students aware of the institutions & mechanisms for administrative integrity &
accountability in India.
iv. It will facilitate an understanding of the local governance institutions, various national
commissions and their working.
v. To understand the institutions responsible for administrative integrity and good governance.
vi. It will also attempt to explain the gaps in the functioning of the administration; track the
recent reforms and the changing dynamics in Public Administration.
Teaching Learning Methodology:

The teaching methodology that shall be adopted in this paper is a combination of the
following methods;

i. Lecture method: Lectures consists of covering the theory with cases.


Homework assignments will focus on applying the material from lectures.
ii. Problem solving: case study, debates, group discussions through application
of theories in different situation/ organizational operations.

228
iii. Case Study/ Case Analysis: It will provide opportunities for discussion and
exploration through student led debate/ discussions/ group discussions / case
analysis
iv. projects / webinars / seminars with experts’ inputs.
v. The study materials will be supplemented with recent cases, journal articles
and government documents/ schemes along with audio-visual supports.
vi. Doubt clearing session: One class per week as ‘Tutorial’ shall be allotted for
weak students and the subject teacher shall clear the doubts as well as
answer the paper related quarries of the students.
Module – I: Public Administration: Introduction, Scope & Significance
Introduction:

This module introduces the basic concepts related to Public Administration. With the onset
of Globalization, the student would comprehend the expansive scope and challenges of
Public Administration. The basic Principles of organization will acquaint the students with
different structures, nature and functions of the organizations and contextualization of
these principles in varying situations.

1.1. Public Administration: Evolution as a Field of Study

1.2. Principles of Organization: Hierarchy, Span of Control, Unity of Command

Co-ordination and Delegation

Skill Component:
Conceptual understanding about basic theories and issue in the study of public
administration along with institutional structures and functional principles.
Course Takeaway:
With the onset of Globalization, the student would comprehend the expansive scope and
challenges of Public Administration
Number of Hours:12hrs.

Module – II: Personnel Administration in India


Introduction:

Personnel Administration focuses on evolution of recruitment methods in various countries


including India, merits and demerits of different methods recommended by various

229
Commissions/ Committees. It analyzes the role and functions of the agencies like UPSC and
State Public Service Commission involved in the recruitment process and functions of
Personnel Administration.

2.1. Public Administration in India

2.2. Civil Service in India

2.3. Union Public Service Commission

2.4. State Public Service Commissions

Skill Component:
Discussion regarding Recruitment methods followed and drafting of recommendation for
ideal recruitment method/ methods
Course Takeaway:

Demonstrate the integrative knowledge, skills and ethics necessary for responsible
administrative, management and leadership positions.
Number of Hours:8hrs.

Module – III: Institutions & Mechanisms for Administrative Integrity & Accountability
Introduction:
This module consists of various institutions /mechanisms involved in ensuring administrative
integrity and accountability. It helps the students in ascertaining and analyzing the role and
functions of different institutions to address the needs / aspirations of the people at large.
3.1 Issues of Corruption and Accountability in Indian Administration

3.2. Central Vigilance Commission

3.3. Lokpal & Lokayukta: Ombudsmen in Indian Administration

3.4. Right to Information Act, 2005 & Information Commissions

3.5. Judiciary: It’s Role in Ensuring Administrative Integrity

3.6. Public Audit & Role of Civil Society in Improving Governance

230
Skill Component:
Interacting with the persons involved in the above mentioned organizations through
seminars/ Webinars, guest / invited lectures etc.
Course Takeaway:

i. Manage diversity issues within organizations

II. Identify major issues and challenges in the workings of these organizations.
Number of Hours:12hrs.

Module – IV: Institutions & Commissions in India

Introduction:

It looks into various nuances of the functions / activities of different Commissions/ bodies to
ensure citizens participation in good governance and focuses on cooperative federalism by
earmarking the role of the state machineries.

4.1. National Development Council & Institutions & Processes of Planning in India

4.2. NITI Aayog

4.3. Finance Commission & its Role in Financial Administration in India

4.4. Role of Comptroller and Auditor General (CAG) of India

4.5. Election Commission of India

4.6. National Commission for Protection of Women and Children

4.7. National Human Rights Commission

4.8. Commissions for Minorities & Backward classes

Skill Component:
i. Interacting with the persons involved in the above mentioned organizations through
seminars/ Webinars, guest / invited lectures etc.
ii. Analysis of cases involving in these above mentioned organizations by collaborating
with persons having legal expertise.

231
Course Takeaway:

i. Manage diversity issues within organizations with citizen’s participation


ii. Identify major issues in public administration
Number of Hours:16hrs.

Module V: State and Local Government in IndiaIntroduction: The very crux of this
module is to comprehend the evolution, role and functions of Local-Self- Government to
guarantee the success of grass-root democracy.

5.1. State & District Administration

5.2. Evolution & Growth of Local Government in India

5.3. 73rd & 74th Constitutional Amendment Act, 1992

5.4. Decentralization & Devolution of Power: Challenges & Prospects

Skill Component:
i. Interacting with the persons involved in the above mentioned organizations through
seminars/ Webinars, guest / invited lectures etc.
ii. Field studies/ visits of various offices to acquire the first-hand- experience of the
issues, and challenges faced by the functionaries in policy implementation (with the
back of normalcy in the pandemic situation)
Course Takeaway:

To understand diverse issues concerned with citizen’s participation ensuring Good


Governance.

Number of Hours: 12hrs.

Module – VI: Changing Dynamics & Reforms in Public Administration

Introduction:

The last but not the least, this module is intended to focus on the evolution and changing
dynamics of public administration with the onset of globalization and impact of technology in
transforming the process of public administration.

232
6.1. Public Administration in a Globalized World- Role of New Public Administration
6.2. Technology & Public Administration

6.3. Administrative Reforms in India

Skill Component:
Examination of various schemes/ programs launched by the government and mapping the
achievements and constraints with the introduction of technology to transform the Public
Administration through project writing, Group Discussion, Debates etc.
Course Takeaway:

Identify major issues in public administration with the onset of globalization and impact of
technology in transforming the administration.
Number of Hours:12hrs.

Case References:

1. RBI can’t Deny Information under RTI claiming Fiduciary Relationship


2. Case name: Reserve Bank of India v. Jayantilal Mistry (Supreme Court, 2015)
3. Whether Particulars of FIR can be Disclosed under RTI Act?
4. Case name: Jiju Lukose v. State of Kerala (Kerala High Court, 2014)
5. Union of India & Anr vs S. N. Maity &Anr on 6th January, 2015
6. https://eci.gov.in/files/file/12231-supreme-court%E2%80%99s-judgment-on-the-
petition-regarding-requirement-of-publishing-details-regarding-people-with-
criminal-antecedents-contesting-elections/
7. http://ncw.nic.in/ncw-cells/legal-cell//important-court-interventions-inquiries
8. https://hrcnet.nic.in/HRCNet/public/NHRCStatisticsList.aspx?Statistics=HRDAll
9. http://ncm.nic.in/home/pdf/success%20stories/17-18.pdf
Text Books

1. Bhambri, C.P., Administration in a changing society: Bureaucracy and Politics in


India, Vikas Publishers, Delhi
2. Bhattacharya, Mohit, ”Public Administration”, The World Press Private Limited,
Kolkata,2007
3. Maheshwari, S.R., “Public Administration in India” Macmillan India Private
Limited, New Delhi, 2000
Reference Books:
1. Maheshwari, S.R., “Public Administration in India” Macmillan India Private
Limited, New Delhi, 2000
2. Shafritz, Jay M and Albert C. Hyde ,Classics Of Public Administration, The
Dorsey Press,Chicago,1987
3. Sharma, M.P. and B.L. Sadhna, Public Administration in Theory and Practice, Kitab

233
Mahal, Allahabad, 2001
Articles
1. Kamath, M.V. and Pagdi,Gayatri Corruption and the Lokpal Bill, Indus source
Books, 2012The Lokpal And Lokayuktas Act, 2013 (Act, No.1 Of 2014)
(Paperback, Nayan Joshi) https://rti.gov.in/rti-act.pdf
2. Vigilance as a Management Function – Leveraging Technology
https://cvc.gov.in/sites/default/files/asbs_1.pdf
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND
COMMENTARIES)
1. Goel S.L. 1984. Public Personnel Administration; Sterling: New Delhi.
2. Rudrabasavaraj M.N. 1979. Dynamic Personnel Administration: Managemenr of
Human Resourcw; Mimalya : Bombay.
3. Sinha V.M. 1980. rersontlrr Administration : Concepts and Compararive
Perrpectivea R.B.S.A. : Jaipur.
4. Tripathi P.C. 1980. Personnel Management; Theory and Pracrice: Sultan Chand :
New Delhi. Appleby, P.H., Policy and Administration, University of Alabama Press,
Alabama, 1957
5. Awasthi, A and S. Maheshwari, Public Administration, Laxmi Narain Agrawal, Agra,
2000
6. Basu, Dr. Rumki, Public Administration: Concepts and Theories; Third revised and
enlarged edition, Sterling Publishers Private Ltd, New Delhi, ISBN:8120727630
7. Bhagwan, Vishnu and Vidya Bhushan, Public Administration, S. Chand and Company
Limited, Ram Nagar, New Delhi, 2006
8. https://niti.gov.in/
9. https://niti.gov.in/key-takeaways-meeting-held-discuss-online-dispute-resolutionodr-
report-niti-aayog-constituted
10. https://cag.gov.in/en
11. https://fincomindia.nic.in/ShowContent.aspx?uid1=3&uid2=0&uid3=0&uid4=0

Skill Component:
Module Skill / Theories associated with modules

Module I Conceptual understanding about basic theories and issue in the study of
public administration along with institutional structures and functional
principles.
Module II Discussion regarding Recruitment methods followed and drafting of
recommendation for ideal recruitment method/ methods
Module III Interacting with the persons involved in the above mentioned organizations
through seminars/ Webinars, guest / invited lectures etc.
Module IV i. Interacting with the persons involved in the above mentioned
organizations through seminars/ Webinars, guest / invited lectures etc.
ii. Analysis of cases involving in these above mentioned organizations by
collaborating with persons having legal expertise.

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Module V i. Interacting with the persons involved in the above mentioned
organizations through seminars/ Webinars, guest / invited lectures etc.
ii. Field studies/ visits of various offices to acquire the first-hand-
experience of the issues, and challenges faced by the functionaries in
policy implementation (with the back of normalcy in the pandemic
situation)
Module VI Examination of various schemes/ programs launched by the government
and mapping the achievements and constraints with the introduction of
technology to transform the Public Administration through project writing,
Group Discussion, Debates etc.
Resource person:

National:

1. Professor R.Sudarsan,
Jindal Global U,rsudarshan@jgu.edu.in

2. Dr. Subir Rana, Independent Scholar, Bangalore,


123.subir@gmail.com

3. Dr K. Parameswaran,Associate Professor of Law ,Former Dean Academic Affairs,


Former Dean - Alumni & External Relations,Gujarat National Law University,
Gandhinagar (GNLU),Attalika Avenue, Knowledge Corridor,Koba, Gandhinagar -
382-426,Gujarat, India.

4. Prof. Manoj Kar,Indian Institute of Education, Pune,centre for Educational Studies,


An Affiliate of SPPU, University of Pune. Ph.9769910766.

International:

1. Professor Des Gasper,


ISS, Holland, gasper@iss.nl

2. Professor John R. Clammer,


Jindal Global University,jrclammer@jgu.edu.in

3. Professor Lonce H.,Sandy-Bailey ,Shippensburg University,Department of Political


Science,1871 Old Main, Grove Hall 423,Shippensburg,
PA 17257. lhsandybailey@ship.edu

4. Prof.Sylvia Clute,
President ,Alliance for Unitive Justice,
sylviaclute@gmail.com

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4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B
Law and Society LW 2114
Semester.4/Paper-5
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

In modern society, legal norms and procedures pervade all aspects of social interaction. The
study of any modern society cannot be complete unless it takes into account its legal system.
Not only is law integral to society, but as a part of the society, law is inherently social. The
basic premise is to explore how law is both the product of social interaction and an impetus
for social change.

Learning Objectives:

Far too often consideration of the law becomes akin to something of a wondrous awe or
unquestioned devotion to sacred rules, when in fact it is a natural phenomenon that occurs in
social settings and represent another manifestation of social activity. The purpose of this
course is:

1. To acquaint students with the social nature of law.


2. To explore how the legal system reflects the social system within which it exists.
3. To understand some of the specific characteristics of the manner in which sociologists
explore and explain law as well as to elucidate some of the patterns and dynamics of
law and its components in a variety of social issues and settings.
4. To make the students aware about the basics of socio-legal research.
5. To hone the research related skills of the students.
6. To develop a critical understanding of the meaning, process and agencies of social
control and change in the society.

Teaching Learning Methodology:

The instructions will be provided basically by lecture method and class room discussions.
Emphasis will be laid to develop an appreciation for empirical research which can be taken
over in the successive semesters. Students will be taught how to collect information about
social phenomena through secondary data. Presentations on topics related to the society will
be encouraged to develop sociological discussions and arouse debating skills.

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Module I:Concepts related to Sociology and Law.

Introduction:

Law is increasingly pervading all forms of social behavior and affects society in many ways,
governs our entire existence and every action. Law and society are inextricably related to
each other and each plays a pivotal role in the other’s space. It gives an overview of the all
the other modules in this course to equip the students with skills to understand the
relationship between the two.

1.1. Law as the framework of social life

1.2 Conceptualizing law and society.

1.3. Relationship between Sociology and Law.

1.4. Nature and Scope of Sociology of Law

1.5. The Problem of the Concept of Law

1.6. Methods in socio-legal research

Theory and Skill Takeaway:

Understand the relationship of law and society as theorized by various socio-legal experts
and develop the skill of conducting basic socio-legal research.
Course Takeaway:

It will help the student gain an interdisciplinary understanding and will enable illuminating
legal knowledge in the students, both in thought and action, in a way that benefits the society.
No. of Hours:12

Module II: The Social Basis of Law

Introduction:

This module will examine and review the major classical and contemporary theories of law
and society. It is important to understand that there is no single, widely and commonly
accepted, comprehensive theory of law and society. The field is enormously complex and
individual explanations have thus failed to capture fully this complexity and diversity.

2.1. Introduction to theories of law and society

2.2 Karl Marx on Law

2.3. Emile Durkheim on Law and Social Solidarity

2.4. Max Weber on the Rationalization of Law

2.5. Law and Culture- Savigny

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2.6.Ehrlich’s Polemic Against Legal Positivism

Theory and Skill Takeaway:

Have an understanding of the major classical as well as contemporary theories of law and
society and develop the ability to examine and comprehend the society through the lens of
theoretical perspectives.
Course Takeaway:

i. This module would enable the student to appreciate the major theories because,
taken together, they offer a fuller understanding of law and society.
ii. The student will also be able to explore how legal systems develop with
socioeconomic systems, changing form and becoming more complex over time
and the ways in which legal institutions and the social order are intricately
connected.
No. of Hours: 15

Module III: Law and Social Change

Introduction:

The initial step in understanding the relationship between law and social change is
conceptual. What is social change? Attention to social change is inherent in all sociological
work because social systems are always in the process of change. Individuals are faced with
new situations to which they must respond. Social change is a product of a multitude of
factors and, in many cases, the interrelationships among them and understanding these is key
to understanding society.

3.1. Meaning of Social Change


3.2 Brief Introduction to the Theories of Social Change
3.3. The limits of effective legal action
3.4. Legislative strategies for promoting social change.
3.5. Some prerequisites for effective legislation
3.6. Law and Social Change in India: trends analysis
Theory and Skill Takeaway:
Understand the meaning and theories of social change and develop the proficiency of linking
how different factors and conditions in the society (including law) lead to social change.
Course Takeaway:

The primary objective of this module would be to equip the students to understand the
concept of social change and how has the concept been theorized by different social thinkers,
recognize what conditions maintain legal status quo in a society and which circumstances are
favorable to change.

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No. of Hours: 10

Module IV: Law as an Integrative Mechanism

Introduction:

Law is conceived of as an antidote to force and a means to achieve peace. At its core, this
vision presented law not only as a functional tool but as a cultural or symbolic form, as a
carrier of a new spirit of cooperation and solidarity, and as the medium capable of containing
political, economic, and social forces, as well as the cement capable of holding these
divergent forces together.

4.1. Roscoe Pound on the Function and Purpose in Law

4.2. Karl Llewellyn and Legal Realism

4.3. Talcott Parsons on Law as a social system

4.4. The legal profession and its functions

4.5. The transformation of the legal profession

4.6. Development of the legal profession in India

Theory and Skill Takeaway:

Develop a basic understanding the functions and purposr of law as theorized by classical
socio-legal scholars and develop the skill of understanding and examining how law functions
as an instrument of integration in the society.
Course Takeaway:

To develop an understanding of the functions of the legal profession, the emergence and
transformation of the legal profession over the years and to throw light on development of the
legal profession in India.
No. of Hours:12 hrs.

Module V: Law and Social Control

Introduction:

Much of sociology focuses on social order and conformity. But what about those who do not
conform to society’s norms and values? Why does this happen? And what are the
implications and consequences? To answer these questions, some sociologists turn their
attention to the study of deviance, the violation of some cultural norm or value; its theories;
& how cases of serious deviance, may involve the criminal justice system.

5.1. The Concept of Social Control

5.2. Types of Social Control: Formal and Informal

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5.3. Theories of Social Control: Strain Theory (R.K.Merton), Differential Association Theory
(Sutherland), Labeling theory (Becker, Lemert), Conflict Theory.

5.4. Police, Policing and the Interpol

5.5. Technologies of Surveillance

5.6. The process of Punishment.

Theory and Skill Takeaway:

The primary objective of this module would be to equip the students to understand the
concepts of social control, the various agencies of social control, deviance, etc. and develop
the skill of recognizing how social control operates and how social control through laws are
activated when other forms of control mechanisms are ineffective or unavailable.
Course Takeaway:

It will also help them comprehend the processes of informal and formal social control, the use
of criminal sanctions, surveillance technologies as a commitment to regulate behavior.
No. of Hours:15

Module VI: Law and the Vulnerable

Introduction:

All governments keep the intention to implement measures for actual dispensation of
justice and also commit to protect the weak and vulnerable in the society. In most cases the
constituency in any society has to do with women, children, minorities, elderly. The module
tries to critically look at a section of such vulnerable in the wake of very many instruments
such as ‘Universal Declaration of Human Rights’ and other such.

6.1. Children and the Law

6.2. Women and the Law

6.3. Elderly and the Law

6.4. Scheduled Castes and the Law

6.5 Scheduled Tribes and the Law

6.6. Environment and the Law

Theory and Skill Takeaway:

To equip the students to understand the basics of law with regard to the vulnerable sections
of the society and to build a sensitivity with regard to how laws are framed and critical
thinking with regard to how laws are to be read.

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Course Takeaway:

The primary objectives of this module is to understand the vulnerabilities in a society and
how the law operates to either favour or disfavour them. build in a sensitivity and critical
thinking with regard to how laws are framed, read and implemented.
No. of Hours: 8 hrs.

Text Books:

1. Matheiu Deflem,2008, “Sociology of Law: Visions of a scholarly tradition”,


Cambridge University Press, Chap 1,2,3, 9,11,12
2. Steven Vago, 2006, “Law and Society”, Prentice Hall, Chap 1-4
3. Steve E.Barkan, 2009, “Law and Society: An Introduction”, Prentice Hall
Reference Books:

1. Roger Cotterrell, 2007, “Sociology of Law: An Introduction”, Oxford University


Press
2. G.Ritzer, “Classical Sociological Theory”, McGraw Hill
3. M.F.Abraham,2006, “Contemporary Sociology”, Oxford.
4. A.Giddens, “Sociology”, 5th Edition
5. Stuart Henry and Dragon Milovanovic, 1996, “Constitutive Criminology and beyond
Post Modernism”, Sage
6. Asha Bajpai, “Child Rights in India: Law Policy and Practice”, Oxford
University Press

Skill Components:

Modules Skill/Theories associated with the module

Module I Develop the skill of conducting basic socio-legal research.

Module II Develop the ability to examine and comprehend the society through the
lens of theoretical perspectives.

Module III Develop the proficiency of linking how different factors and conditions in
the society (including law) lead to social change.

Module IV Develop the skill of understanding and examining how law functions as
an instrument of integration in the society.

Module V Develop the skill of recognizing how social control operates and how
social control through laws are activated when other forms of control
mechanisms are ineffective or unavailable.

Module VI Build sensitivity with regard to how laws are framed and critical thinking
with regard to how laws are to be read.

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RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

1. Name- Padma Bhushan Prof. T.K.Oommen


Contact Details: Eminent Sociologist and Professor Emeritus, Jawaharlal Nehru
University, New Delhi, Email: tkoommen@gmail.com

2. Name- Prof. Kalpana Kannabiran , Kalpana is a sociologist and lawyer whose work
has focused on the intersections of sociology, law, literature, gender studies, and
social movements. Kalpana.kannabiran@gmail.com

3. Name- Prof. Tapan Mohanty, Professor, Sociology of Law, National Law Institute
University, Bhopal,Email: tapanmohanty@gmail.com

4. Name- Prof. Ajai Lu Numai, Professor and HOD, Centre for Study of Social
Exclusion and Inclusive Policy, School of Social Sciences, University of Hyderabad
International

1. Name- Prof. Ulrike Schultz


Contact Details: She is a lawyer and retired Senior Academic at the FernUniversität
Hagen,specialised in questions of gender and law, the sociology of the legal professions,
European law and didactics of law.Email: Ulrike.schultz@fernuni-hagen.de

2. Name- Prof. Winifred W. Kamau,Contact Details: Prof. Kamau is an Associate


Professor at the School of Law, University ofNairobi and is currently Chair of Private
Law Department at the School,Email:wkamau@uonbi.ac.ke

3. Name - Prof. Swethaa Ballakrishnen, Contact Details: Assistant Professor of Law


and Sociology, Asian American Studies and Criminology, Law and Society,
University of California, Email: sballakrishnen@law.uci.edu

242
4TH SEMESTER
SPRING SEMESTER
B.A.L.L.B
LW 2116: Development Economics
(Sem. 04/Paper-06),
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:
Economic growth and development are germane to generations. More so, because they are
indicative of overall economic health of a country, its sectors and their inter linkages. The
thrust of the paper is to understand the various indicators of economic growth and
development, major theories/models of growth, economic planning in the backdrop of
liberalization and globalization, revenue mobilization mechanism and international trade with
exposure to multilateral funding agencies and trade agreements. It will critically assess the
impact of various sectors and factors to overall economic and human development of a
region.

Learning Objectives:

i. To enable the student to understand the nature and meaning of development and
underdevelopment and its various manifestations in developing systems.

ii. To know the calculation procedure and importance of different indices used to measure
economic development.

iii. To analyse the contemporary models and its relevance in achieving growth and
development. Detail understanding of concept of poverty, economic inequality and its
measurement, also focuses on urbanisation issues, Informal sector of the economy along with
role of micro finance institution for growth and development.

iv. To know performance of agricultural sector, pricing and procurement policies and role of
MSME Sector in the economy.

v. Performance of agricultural sector, pricing and procurement policies and role of MSME
Sector in the economy.

vi. To understand the planning process in India since independence, Structure and functioning
of NITI Aayog as an alternative to the old practice of planning, evaluation of public projects.

Teaching Learning Methodology:

i. Lectures with power point presentation of key learning points, conceptual clarity with
graphical presentation, statistical data analysis wherever required.
ii. Student participation: Questions and answers discussions, article readings, group
discussions.

243
iii. Simulation exercises: Class tests, Project assignments and MCQ/Viva.
Module-I: Introduction to Development Economics
Introduction:

This module includes basic understanding over the concept of economic growth and
economic development along with its measurement.

1.1.Concepts of Growth and Development,


1.2.Measurement of Economic Growth and Development
1.3.Sustainable Development Goals
1.4.Characteristics of Modern Economic Growth

Theory and Skill Component:

Conceptual understanding of Economic Growth and Economic Development along with


application of various innovative measures of economic development.
Course Takeaway:

i. To know the calculation procedure and importance of different indices used to


measure economic development.
ii. A comprehensive idea about Sustainable Development Goals and its efficacy of the
future course of development
No. of hours: 8 hrs

Module-II:Classical and Contemporary Models / Theories of Development

Introduction:

The module basically addresses the models/ theories relating to economic growth and
development.

2.1. Classical and Contemporary theories and their application

2.2. Underdevelopment due to coordination failure

Theory and Skill Component:

Understanding and application of various principles of growth & development and how these
predictable patterns of growth and development is validated.
Course Takeaway:

On completion of the topics students would be able to know:


i. The key concept used in each of the models
ii. Different theories relating to economic growth and economic development
iii. AnalySe the contemporary models and their relevance in achieving growth and
development.
No. of hours: 16 hrs

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Module-III: Poverty, Inequality, Urbanisation and Informal Sector Development

Introduction:

The module provides a detailed understanding of the concept of poverty, economic


inequality, and its measurement, also focuses on urbanisation issues, the Informal sector of
the economy along the role of micro finance institutions for growth and development.

3.1.Measurement of poverty
3.2.Measurement of income inequality
3.3.Urbanisation and development
3.4.Policies for the urban informal sector
3.5.The micro-finance revolution
Theory and Skill Component:

iThe importance of measurement of poverty and inequality which will determine the
eligibility for federal, state, and local aid, including food stuffs and health insurance

Course Takeaway:

On completion of the topics students would be able to:


i. Understand the measurement of poverty and inequality
ii. Growth of Urbanisation and its impact on the economy
iii. Structure, role, and functioning of Informal sector
iv. Growth and performance of Micro Finance Institutions in India.
No. of hours: 16hrs

Module – IV: Policies and Performance in Agriculture and Industry

Introduction:

The module highlights the performance of the agricultural sector, pricing and procurement
policies, and the role of the MSME Sector in the economy

4.1.Agricultural activity and climate change


4.2.Capital formation, pricing, and procurement in agriculture
4.3.Growth and productivity of MSME sector
Theory and Skill Component:

To know how Agricultural and Industrial policies and practices are critical for building the
livelihoods, especially in developing economies

Course Takeaway:

On completion of the module, the student will able to learn:


i. Role of agriculture to the economy, capital formation in Agriculture

245
ii. Climate change and agricultural productivity
iii. Changing policies relating to Pricing and Procurement
iv. Importance of MSME Sector of the economy.
No. of hours: 6 hrs

Module – V: Institutions and Instruments of International Development

Introduction:

This module deals with the strategies to trade practices, Determinants and role of FDI for the
economy and role and functioning of two prominent international institution towards
stabilization of the economy.

5.1. Trade strategies for development: inward-looking and outward-looking

5.2. Foreign Direct Investment, its trends, and determinants

5.3. Role of IMF and the World Bank

Theory and Skill Component:

To gain an idea about the role of different financial institutions in providing loans and
credits for undertaking development projects in the developing countries.
Course Takeaway:

On completion of the topics students would be able to:


i. Understand the difference between free trade and protection
ii. Know in detail about foreign direct investment.
iii. Identify the role of IMF and World Bank towards stabilisation of economy through
structural adjustment.
No. of hours: 6 hrs

Module – VI: Planning for Development with special reference to India

Introduction:

The module analyses the planning process in India since independence, Structure, and
functioning of NITI Aayog as an alternative to the old practice of planning, evaluation of
public projects.

6.1.Economic Planning: Objectives and Challenges


6.2.Role of NitiAayog in the planning process
6.3.Project Evaluation and Cost-Benefit Analysis.
Theory and Skill Component:

Development planning implementation, monitoring, supervision as well as co-ordinate


economic decisions made on economic issues of a nation

Course Takeaway:

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On completion of the topics students would be able to:
i. Understand the economic planning process in India.
ii. Understand the structure and functions of NITI Aayog
iii. Evaluation of Public sector projects through Cost-Benefit approach.
No. of hours: 8 hrs

Books:

1.Economics of Development and Planning: Taneja & Myer (2014), 13th Edition,
Vishal Publishing & Co, New Delhi.
2.Economics of Development and Planning: Mishra and Puri (2004), 1st Edition,
Himalayan Publication, New Delhi
3.Indian Economy: Dutt& Sundaram (2015), 70th Edition, S.Chand Publishing, New
Delhi.

Reference Books:

1. Economic Development: Todaro, Michael P. and Stephen Smith (2003), 8th Edition,
Pearson Education, Delhi.
2. Economics of Development: A.P.Thirlwall (1991), 6th Edition,Macmillan,London.
3. International Economics: Soderston & Reed (1994), 3rd Edition, MacMillan Wesley.
4. Economic Development:C.P.Kindleberger (1977), 3rd Edition, McGraw Hill,
Newyork.
5. Analytical Development Economics: Kausik Basu (1977), 2nd Edition, MIT Press,
Cambridge, London.
Specific Module-wise Skills:

Modules Skill/Theories associated with the module

Module I Conceptual understanding of Economic Growth and Economic


Development along with application of various novel measures of
economic development.
Module II Understanding and application of various principles of growth &
development and how these predictable patterns of growth and
development is validate
Module III The importance of measurement of poverty and inequality which will
determine the eligibility for federal, state, and local aid, including food
stuffs and health insurance.
Module IV To know how Agricultural and Industrial policies and practices
are critical for building the livelihoods, especially in developing
economies.
Module V To gain an idea about the role of different financial institutions in
providing loans and credits for undertaking development projects in the
developing countries surplus.

247
Module VI Development planning implementation, monitoring, supervision as well as
co-ordinate economic decisions made on economic issues of a nation.
Resource Persons: (National)

1. Prof. (Dr.) Sudhakar Panda, Former Vice-Chancellor, Birla Global University,


Bhubaneswar, Odisha. E-mail: pandasudhakar1945@rediffmail.com
2. Prof. (Dr.) Kumar B.Das, Former Vice-Chancellor, Fakir Mohan University, Balasore,
Odisha. E-mail: drkumardas@gmail.com
3. Prof. (Dr.) Srijit Mishra, Director, Nabakrushna Choudhury Centre for Development
Studies, Bhubaneswar, Odisha. E-mail: director.ncds.gov.in
4. Prof. (Dr.) Bhagirath Behera, Professor of Economics, Indian Institute of Technology,
Kharaagpur, West Bengal. E-mail: bhagirath@hss.iitkgp.ac.in.
5. Prof. (Dr.) Satya Narayan Mishra, Professor of Economics, KIIT School of
Management, KIIT Deemed to be University, Odisha. E-mail: misra.sn54@gmail.com

248
4TH SEMESTER
SPRING SEMESTER
B.B.A.L.L.B
LW 2312: Human Resource Management
(Semester 04 / Paper -07)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

This course examines the evolvement of human resources function as an important and
essential function of management for today’s organization. It has been undergoing a sea
change since the practice of management has been increasingly humanized in the process of
globalization in India unlike personnel management. It plays a pivotal role in the modern
economic scenario of any country. It helps to understand the human resource functions and
practices in organizations for improved performance and create a transparent organizational
culture. Emphasis on major HR functions such as staffing, training, performance
management, and compensation and grievance.

Course Objectives:

1. To help the student understand the challenges, trends, and activities related to current

human resource management in corporations..

2. To provide an in depth understanding of the scope of the HR role in today’s organizations.

3. To provide an understanding of the dependencies between the role of the HR department


and other organizational roles.

4. To improve competencies critical to future success as managers and leaders including

analytical thinking, teamwork, decision making skills, and communication skills.

5. To familiarize the students about the various approaches to industrial relation and various

schemes of participative management

6. Evaluate the developing role of human resources in the global arena.

Teaching Learning Methodology:

The teaching methodology that shall be adopted in this paper is :

1. Lecture method
2. Case study
3. Group discussion.
4. Visual presentations.
5. Participation through debate

249
Module I: Introduction to Human Resource Management

Introduction:

The module tries to define the evolution of Human Resources Management, its objectives and
policies, the role it plays and tries to monitor the progress of the organization. As an
important function it is responsible for recruiting the top workforce, recommend market-
based salaries and develop an overall strategic compensation plan and implements employee
benefits programs that attract and retain the best employees.

1.1 Introduction and Importance of HRM

1.2 Conceptual difference between Personnel Management and HRM

1.3 Strategic HRM

1.4 Role of a HR Manager

Theory and Skill Component:

This module will be theory only


Course Takeaway:

Students will appreciate the importance of human resource management and explain the role
of HRM & SHRM in the present millennium
No. Of hours:10 hrs.

Module II : Human Resource Planning

Introduction:

In this module the student would be introduced to Manpower Planning, HRP at different
levels, process of HRP and control and review mechanism of HRP. They will also learn how
job analysis is done and why job description is an important part in the manpower planning
process and understand the factors while forecasting the demand and supply of human
resource.
2.1 Introduction to HRP, it needs and process
2.2 Job analysis, description, enrichment, enlargement and rotation –
2.3 Manpower Estimation-
2.4 Placement and Induction
2.5 Retention of Employees, Promotion, Retrenchment, and Transfer.

Theory and Skill Component:

In this module the student will be able to understand and write down job description and
analysis and find out how it is done.

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Course Takeaway:

Students will appreciate the importance, process and benefits of HRP, recognize the major
elements of job descriptions and how to retain employees.
No. Of hours:11 hrs.

Module III : Talent Management

Introduction:

In this module the students will be acquaintance to human resource analytics relation to talent
analytics, different source of recruitment and the selection process and career development
process as it is a very important part of human resource management. It will also inform
about the importance of training as an integral part of the staffing process.

3.1 Introduction to People Analytic and its importance


3.2 Recruitment, Selection procedure
3.3 Employee Training and Retraining –TNA and Designing
3.4 Career Planning - Succession Planning, Outsourcing
Theory and Skill Component:
In this module the student through group discussion and case study will be able to
understand and know about their career development, why training is required and an
understanding about placement and orientation.
Course Takeaway:

Students will understand the importance of the use of analytics in progressive organization its
benefits , selection and its process and objectives of training.
No. Of hours:12 hrs.

Module IV: Compensation Management

Introduction:

In this module the students understand the concept of wage and salary, and how its influenced
by several factors, explanation and components of a salary structure and the different
deductions which is shown in the pay slip.

4.1Concepts of wage and salary and compensation


4.2 Components-Incentives and Benefits
4.3 Wage differentials and factors affecting wages
4.4 The different Social Security acts

Theory and Skill Component:

In this module the student will calculate EPF, Gratuity and through group discussion and
case study will be able to understand the different forms of deductions and different forms of
wages.

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Course Takeaway:

Students will understand the different components of employees remuneration how it works
and the way they are calculated
No. Of hours:12 hrs.

Module V: Performance Management System

Introduction:

In this module students will learn aboutperformance appraisal, different types of


appraisal methods and it requirements and importance which can be used to evaluate the
employees and problems that can be faced by human resource managers while doing the
appraisal process. It also makes them familiar with potential appraisal and how leading
companies appraise their employees.

5.1 Performance appraisal –purpose and factors

5.2 Emphasis on 360 degree and BARS – its uses and application

5.3 Balance Scorecard – concept and Competency Mapping

Theory and Skill Component:

This module will be theory as well as application based because students will be given a case
where they are to use the 360 degree and BARS to evaluate the employees in the case
Course Takeaway:

Students will understand the importance of performance appraisal, benefits and problems of
appraisal system and why some of them are not used by companies
No. of hours: 10hrs.

Module VI: Employee Relations Management

Introduction:

In this module students will understand the nature of Industrial relation , its needs and
importance, maintaining a harmonious relationship of bondage between employee &
employer. It will also let them know that if there is a dispute the how employees resort to
settlement and procedures used to minimize the grievances.

6.1 Industrial Relations - Meaning & Characteristics

6.2 Its Benefits and demerits

6.3 Concept of trade union, advantages and disadvantages, Grievance Redressal

6.4 Workers Participation in Management - Concept, scope and objectives

6.5 Retirement/Separation - Superannuation, Resignation, Discharge, Suspension, Layoff

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6.6 Employee engagement

Theory and Skill Component:


This module will be theory only.
Course Takeaway:

Students understands the concept of industrial relation, Trade Union and the different types of
Trade Union, Collective Bargaining, and Importance for WPM and employee engagement.
No. Of hours: 15hrs.

Case Study:

1. A Case Study on Recruitment & Selection- Retail


2. Case Study: The Perkins Approach to Manpower Planning
3. Human Resources Planning at Tata Consultancy Services Limited
4. Case Study- Infosys -Strategic Human Resources Management.
5.Case Study on Compensation System Practices in the Perspective of Telecom Industries.

6. HR Restructuring - The Coca Cola & Dabur Way


Text Books:

1. Human Resource Management – Text & Cases – VSP Rao


2. Essentials of Human Resource Management & Industrial Relation - P. Subba Rao -
3. Human Resource Management – Text & Cases - Aswathapa
Reference Books:

1. Personnel Management Text & Cases – C. B. Mamoria & V S P Rao


2. Human Resource Management – Gary Dessler
3. Designing & Managing Human Resource System - Udai Pareek & T V Rao
Researched Articles Reference:

1. HRM and its effect on employee, organizational and financial outcomes in health care
organizations

2. Jobs Are Returning: How Do You Overcome the Mismatch Challenge

3. Industrial Relations in India

4. Labour in the New Industrial-Relations Era: Global and Indian Perspectives

Books for advanced Reading:

1. The Strategic Role of Human Resource Management by Gary-Dessler


2. New Dimensions in Human Resource Management – K.S.Basu
3. Human Resource Management by David A De Cenzo & Stephen Robbins
4. Dynamics of Industrial Relations in India by C.B Mamoria and S Mamoria

253
Skill Component:

Modules Theory and Skill Component

Module – I No Skill component

Module – II No Skill component

Module – III Interviewing skill and Communication skill

Module – IV No Skill component

Module – V Evaluation Skill

Module – VI No Skill component

List of Resource Persons:

1.Mr Pradip Bandyopadhyay ,HR Head – G4S Secure Solutions.


Email: pradip.bandyopadhyay@in.g4s.com
2. Mr Dibyendu Basu,Manager – HR.
Email- dibyendubasu@eptisa.com
3.Ms Chanda Gulati- Asst Professor,Prestige Institute of Management.
Email: chanda.gulati@prestigegwl.org
4. Mr. A.K Panda, Unit Head in IFFCO Paradeep.
Email - pandaak55@gmail.com

254
4TH SEMESTER
SPRING SEMESTER
B.B.A.L.L.B
LW 2314 : Corporate Finance
(Sem. 04/Paper-08)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description :

Finance is the lifeline of any business. Getting funds at the lowest cost , investing in
profitable ventures and distributing the dividends to the shareholders are the three most
important functions of a Corporate Finance Manger. In this course students will understand
the importance of finance in business and will learn various facets of corporate finance.

Learning Objectives:

1. Students will understand the primary functions of a corporate finance manager.


2. They will understand financial system in India and functioning of capital market.
3. They will be aware of different sources of finance and how to calculate the cost of finance.
4. They will be able to evaluate project proposals and can reach investment decisions.
5. They will be familiar with the latest developments in corporate finance.

Teaching Learning Methodology:

This subject will be taught through a combination of lectures and discussion on news
articles.Students should read at least one business newspaper daily. Business news relevant to
the topics being taught in the class will also be discussed.
Module-I : Introduction to Corporate Finance

Introduction:

In this module students will learn the importance of finance in business organizations
and how other functions of the organization are connected to it. They will appreciate the
difference between profit maximization and wealth maximization. They will understand the
three most important functions of a Corporate Finance Manager, namely- Investments ,
Financing and Dividend decisions.

1.1 . Types of business organizations


1.2 . Importance of Finance
1.3 . Roles of a Finance Manager
1.4 . Investment , Financing and Dividend decisions
1.5 . Meaning of Wealth creation
1.6 . Profit Maximization and Wealth Maximization
1.7 . Shareholders and Creditors
1.8 . Financial Planning

255
Theory and Skill Component:

This module will be theory only.


Course Takeaway:

Students will understand the meaning and importance of corporate finance.


No. of hours: 6 hrs

Module-II : Financial Market


Introduction:

In this module , students will understand the process of getting fund from the public in the
form of equity and debt. They will also learn how to invest money in stock market for short
term and long term gains.

2.1. Financial System in India


2.2 Capital Market and Intermediaries
2.3 Equity Market and Debt Market
2.4 Primary Market and Secondary Market
2.5 Issue Management
2.6 SEBI
2.7 Stock Market - Functions , Structure and Trading strategies
2.8 Public offer and Private placement
Theory and Skill Component:

This module will be theory only.


Course Takeaway:

Students will understand why business organizations depend on capital market for their
financial need.

No. of hours: 12 hrs

Module-III : Financing
Introduction:

In this module students will learn about sources of long term finance for capital investment
and short term finance for working capital. They will understand the relative merits and
demerits of equity and debt. They will also learn how to calculate the weighted average cost
of capital (WACC) when a firm uses multiple sources of financing.

3.1 Sources of finance


3.2 Cost of common share, preference share and debt
3.3 Risk & Return
3.4 Capital Asset Pricing Model

256
3.5 Merits and demerits of equity and debt
3.6 Capitalization
3.7 Leverage - Operating & Financial
3.8 Preference shares and cumulative preference shares
3.9 Weighted Average Cost of Capital
3.10 Capital structure and Return on Equity
Theory and Skill Component: This module will be theory only.

Course Takeaway: Students will understand the implications of each source of finance and
can calculate weighted average cost of capital.

No. of hours: 18 hrs


Module-IV: Investments
Introduction:

In this module , students will learn how to evaluate projects and make investment decisions.

4.1 What is project appraisal


4.2 Time Value of Money
4.3 Pay back , Discounted pay back and Profitability Index
4.4 NPV, IRR and MIRR
4.5 Accounting Rate of Return
4.6 Ranking of Projects
4.7 Capital Rationing
4.8 Working Capital - forecasting and management
Theory and Skill Component:

This module will be a combination of theory and skill development.


Course Takeaway:

Students will be able to evaluate projects with different evaluation criteria

No. of hours: 12 hrs


Module-V: Dividend Policy and Valuation
Introduction:

5.1. Dividend distribution policy


5.2. Rights over dividends
5.3 Dividend vrs Capital Gain
5.4 Valuation of Bonds and Stocks
5.5 Valuation of a firm
5.6 Mergers and Acquisitions
Theory and Skill Component:
This module will be a combination of theory and skill.

257
Course Takeaway:

Students will acquire a general outlook about latest development in corporate finance.

No. of hours: 12 hrs


Module-VI: Latest developments in Corporate Finance
Introduction:

In this module students will learn about non-traditional methods of financing and emerging
trends in corporate finance. He will be aware of Venture capital , Private equity , Crowd
funding , Digital finance , financing of start-ups and financing of SMEs.

6.1 Venture Capital and Private Equity

6.2 Leasing & Hire Purchase

6.3 Bill Discounting and Factoring

6.4 Crowd funding

6.5 Digital Finance

6.6 Financing of start-ups

6.7 Financing of SMEs

6.8 Corporate Restructuring

6.9 Financial Inclusion

6.10 Corporate Governance

Theory and Skill Component:

This module will be theory only

Course Takeaway:

Students will acquire a general outlook about latest development in corporate finance.

No. of hours: 12 hrs


Text Book:

1. Fundamentals of Corporate Finance by Brealey, Myers and Marcus. McGrawHill


Publishing.

Reference Books:

1. Corporate Finance by P V Kulkarni, Himalaya Publishing House.


2. Corporate Finance: Theory & Practice by Aswath Damodaran, Wiley Publication.

258
3. Essentials of Corporate Finance by Ross,Westerfield and Jordan, McGrawHill Education.
4. Financial Management and Policy, James C.Van Horne, Prentice Hall India.
5. Fundamentals of Financial Management by E.F.Brigham and J.F.Houston, Thomson Press.
6. Financial Management by Prasanna Chandra, Tata McGraw Hill.
7. Financial Management by I.M.Pandey, Vikas Publishing House Pvt Limited,

259
4TH SEMESTER
SPRING SEMESTER
B.B.A.L.L.B
LW 2316 : Financial Institutions and Markets
(Sem. 04/Paper-09)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description :

Savings and Investments propel economic growth . People who have surplus money look for
avenues to earn income in the form of interest , dividend or capital appreciation. On the other
hand , there are individuals and corporations that need money for various purposes . Financial
institutions act as intermediaries and bring these complementary interest groups for a win-win
transaction. In this course , we will learn about various financial markets , different financial
institutions that operate in Indian economy and how they are regulated.

Course Objectives:

1. Students will understand the importance of savings and investment in an economy. They
will also know how financial intermediaries operate in various financial markets.
2. They will learn the concept of Present Value and Future Value of money.
3. They will understand the role of financial regulators like RBI, SEBI and IRDAI.
4. They will be aware of Derivative , Forex and Insurance market.
5. They will be able to solve problems based on annuity and pension fund.
Teaching Learning Methodology:

This subject will be taught through a combination of lectures and discussion on news
articles. Students should read at least one business newspaper daily. Business news relevant
to the topics being taught in the class will also be discussed.
Course Content:
Module-I : Savings , Investments and Financial System

Introduction:

In this module students will have an overview of various financial markets . They will also
learn about the Present Value and Future Value concept in Finance. They will understand the
effect of compounding in interest calculation and the effect of inflation on interest.

1.1 Introduction to Financial Markets and Institutions.

1.2 Savings , Investment and Interest Rate

1.3 Measurement of Interest Rates (Simple and Compound Interest, EAR)

1.4 Inflation and Interest Rates

1.5 Present and Future Value Concepts

260
Theory and Skill Component:

This module will be a combination of theory and skill. Students will be taught how to use MS
Excel to make complex calculations fast.

Course Takeaway:

Students will understand the meaning of compounding of interest and also Present
Value/Future value of money.

No. Of hours:12 hrs.

Module-II : Banking Institutions

Introduction:

In this module , students will learn about various financial institutions like Banks , NBFCs ,
Mutual Funds and Micro-finance institutions. They will also learn how RBI regulates the
banking sector. Students will also be aware of Inter-bank call money market.

2.1 Commercial Bank and Co-operative Banks


2.2 Credit Creation, Credit Multiplier
2.3 NBFCs and Micro-Finance Institutions.
2.4 Mortgages and Amortization
2.5 Public Provident Fund
2.6 Inter-bank Call Money Market
2.7 Reserve Bank of India: Main Functions.
2.8 Instruments of Credit Control - CRR,SLR, Repo and Reverse Repo, Policy Statements.
Theory and Skill Component:

This module will be theory only.

Course Takeaway:

Students will understand the role of RBI as a regulator and central bank.

No. Of hours:12 hrs.

Module-III :Money Market and Capital Market

Introduction:

In this module students will learn about money market instruments like treasury bills ,
corporate deposits and commercial papers. They will learn about two important capital
market instruments namely stocks and bonds. They will also understand the role of SEBI in
regulating the capital market.

261
3.1 Money markets vs Capital Market
3.2 Money Market Instruments: T-Bills, Commercial Papers, Certificates of Deposits,
Commercial Bills, Repurchase Agreements (Repo), Banker's Acceptance (BA)
3.3 Mutual Funds
3.4 Capital Market Index , Listing and Trading.
3.5 Capital Markets Securities - Stocks and Bonds
3.6 Primary Market, Secondary Market , Public Issue, IPO, Rights Issue,
3.7 CAPM
3.8 Stock Split, Bonus Share, Buy Back Shares
3.9 Treasury Bonds, Corporate Bonds , Zero Coupon Bonds
3.10 Private Equity and Venture Capital
3.11 Role of SEBI
3.12 Credit Rating Agencies
Theory and Skill Component:

This module will be a combination of theory and skill. Students will learn how to trade in
equity market.

Course Takeaway:

Students will understand the difference between money market and capital market.
No. Of hours:12 hrs.

Module-IV: Derivatives Market

Introduction:

In this module , students will learn about derivative market which is very useful for hedging
of risk. They will understand concepts like forwards , futures , options and swaps.

4.1 Spot Market and Future Market


4.2 Future and Forward Contract
4.3. Derivative Market - Security Derivative, Commodity Derivative, Credit Derivative etc.
4.4 Options - Call option and Put option
4.5. Swaps
Theory and Skill Component:

This module will be a combination of theory and skill. Students will learn how to trade in
Derivative market.

Course Takeaway:

Students will understand how risk is hedged in derivative market.

No. Of hours:12 hrs.

262
Module-V : Foreign Exchange Market

Introduction:

In this module students will learn about forex market and exchange rate mechanism. They
will understand the concept of arbitrage in forex market. They will also understand how
enterprises get money from the international market for investment.
5.1 History of Exchange Rates , Forex Market
5.2 Ask and Bid Price, Exchange Rate and Cross Rate.
5.3 Hedging
5.4 Arbitrage: Definition, Two Point Arbitrage, Three Point Arbitrage.
5.5 International Financial System - FDI , FPI , FII and ECBs.
5.6 FERA and FEMA - Tax Heavens & Money laundering
Theory and Skill Component:

This module will be a combination of theory and skill. Students will learn how to trade in
forex mark.

Course Takeaway:

Students will be able to calculate indirect exchange rates and cross rates. They will also be
able to spot arbitrage opportunity in forex market

No. Of hours:12 hrs.

Module-VI : Insurance and Pension Fund

Introduction:

In this module students will learn about insurance business model and the concept of risk
pooling. They will be aware of two types of insurance , namely - life insurance and general
insurance. They will also be able to solve problems on annuity and evaluate pension funds
schemes.
6.1 Fundamentals of Insurance: Risk Pooling , Adverse Selection and Moral Hazard
6.2 Types of Insurance
6.3. ICR and CSR
6.4 Annuity and Pension Fund
6.5 Role of IRDA
Theory and Skill Component:

This module will be theory only.

Course Takeaway:

Students will acquire a general outlook about insurance market . They will also be in a
position to evaluate pension plans and annuity schemes
No. Of hours:12 hrs.

263
Text Book:

1. Financial Institutions and Markets, L.M. Bhole & J Mahakud , Tata McGraw Hill, 6th Ed,

2004

Reference Books:

1. Financial Institutions and Markets, V.K Bhalla, Sultan Chand

2. Money, Banking and International Trade, D.M. Mithani, Himalaya Publishing House.

3. Money, Banking and International Trade, M. C. Vaish, New Age International.

4. Financial Markets and Services, Gordon & Natarajan, Himalaya Publishing house, 8th Ed.

5. Financial Markets and Institutions, Gordon & Natarajan, Himalaya Publishing House,7th
Ed.

6. Investments, William Sharpe, Prentice Hall, 6th Ed,

7. Fundamentals of Futures and Options Markets, John C Hull, Prentice Hall, 5th Ed,

8. Financial Markets and Institutions, Frederic S. Mishkin, Stanley G.Eakins, Tulsi J.Kumar

and R.K.Pattnaik, 8th Edition, Pearson.

Newspaper:

1. The Economic Times


2. Business Standard

264
4TH SEMESTER
SPRING SEMESTER
B.Ssc L.L.B
LW 2212:Advanced Biotechnology
(Sem. 04/Paper-10)
Credits: 04 Total Class Hours: 6/week

Course Description:

Fundamentals of biotechnology deals with the basic understanding of the all the key area of
science such as plant science, animal science, Industry, food and Environment and use of
biotechnology in these areas. This will cover the classical as well as applied part. This course
equips students with current and relevant skills for application in the field of translational and
life sciences, research and the bio-pharmaceutical industries through our state-of-the-art
training facilities. Courses helps to provide an intensive and in-depth learning to the students
in field of biotechnology, beyond simulating learning understanding techniques, the course
also addresses the underlying recurring problems of disciplines in today scientific and
changing business world, Students develop awareness & knowledge of different organization
requirement and subject knowledge through varied subjects and training methodology.

Course Objectives:

1. To understand the basic advanced biotechnology as a subject and the need to study of
the subject.
2. To provide an understanding the advanced biotechnological techniques.
3. Provides an understanding the applictaion of advanced biotechnology in plant science
4. Provide an understanding of genetic engineering used in forensic biotechnology.
5. Understanding the uses of microorganism in industrial sectors for related to food and
agriculture and uses of micro organism in waste water treatment and bioremediation
processes.
Teaching Learning Methodology:

The method to achieve these goals will be the on the basis of class discussions and
case study (anatomical and physiological) of various disputes and supplemented with journal
articles and, discussions in the class.

Module – I: Introduction to Advanced Biotechnology

Introduction:

The module is an introduction to the advanced research methods and techniques being
carried out and its possible application .Idea and introduction about the advanced techniques.

1.1 Brief introduction of advanced technologies used in microbiology and biotechnology,


1.2 Introduction to color coding in biotechnology.
1.3 Recent advancement in the field of microbial technologies.
Course Takeaway:

265
i. What is Biotechnology? Classical and Advanced Biotechnology
ii. Difference between classical and advanced Biotechnology
iii. Biotechnological intervention in modern era
No. Of hours: 6hrs.

Module – II: Microbial Insecticide, Bioremediation and Biomass utilization

Introduction:
To understand the Concept of microbial insecticides, advantages of using it, genes
responsible for the properties and engineering of the gene for further application. To
understand the use of biological agents to remediate the polluted terrestrial and aquatic land
2.1 Insecticidal toxin of B. thuringiensis, Mode of action and use
2.2 Toxin gene isolation, Engineering of B. thuringiensis toxin gene
2.3 Synthesis during vegetative growth, Broadening the spectrum of target insect,
Improving deliver of mosquito larvicidal toxin
2.4 Microbial degradation of xenobiotics
2.5 Utilization of starch and sugars, Utilization of cellulose
Course Takeaway:
i. Understanding of the concept of biological/microbial insecticide
ii. Advantages of using the same
iii. Understanding between chemical/Physical and biological remediation methods.
iv. Common type of pollution that can be dealt with bioremediation processes.
v. Role of microorganisms in bioremediation process
No. Of hours: 15hrs.

Module – III: Plant growth promoting bacteria

Introduction:

To understand the role of plant growth promoting rhizobacteria


3.4 Nitrogenase, Components of nitrogenase
3.5 Genetic engineering of nitrogenase gene clusters,
3.6 Phytoremediation
3.7 Bio control of pathogens, Siderophores, Antibiotics
3.8 Ice nucleation and antifreeze proteins, Root colonization
Course Takeaway:

Understanding the type of PGPR,

 Role of PGPR for growth, stress tlerance in variety of plant


 Nitrogen fixation, phosphate solubilization process and their molecular
mechanism

No. Of hours: 15hrs.

266
Module – IV: Synthesis of commercial products by recombinant microorganisms

Introduction:

To understand what are the different commercial products that can be obtained from
microorganisms, their application

4.1 Types of biopolymer, Xanthan gum, Melanin, Adhesive protein, Rubber


4.2.Polyhydrxyalkanoates
4.2 Small biological molecule: Synthesis of ascorbic acid, Bio detergents, Bio surfactants
4.4 Microbial synthesis of indigo, Microbial synthesis of lycopene

Course Takeaway:

i. Understanding the types of of biopolymer, surfactants and indigo and their potential
role
ii. The microorganisms responsible for the production of biopolyemers.
iii. Understanding the process for industrial production and commercialization.
iv. Application of the biopolymer
No. Of hours: 12hrs.

Module – V: Molecular diagnostics

Introduction:

This module deals with Molecular diagnostics.

5.1 Monoclonal antibody: Formation and selection of hybrid cells


5.2 Identification of specific antibody producing bybrid cell lines
5.3 Biofluroscence and Bioluminiscence: Coloured fluorescent protein and Luciferase
5.4 Microbial biosensor
5.5 Nucleic acid diagnostic system: Diagnosis of malaria, Molecular beacons, Real time
PCR, Ancestry determination, Ancestry determination, Animal species determination,
Automated DNA analysis
5.6 Molecular Diagnostic of genetic diseases: Screening of cystic fibrosis Sickle cell anemia
Course Takeaway:

i. Understanding of basic principle of production of Mab


ii. Understanding Use of molecular dignostic system for malaria
iii. Understanding of molecular diagnostics and genetic basis of diseases such as cystic
fibrosis
No. Of hours: 12hrs.

Module – VI: Advanced Techniques 1, Recent development in forensic Sciences


Research

Introduction:

267
To understand the working principle and function of Flow cytometer, Microarray, NGS and
MALDI-ToF

6.1 Flow cytometry, Types of flow cytometer


6.2 Working principles of flow cytometers
6.3 Application of flow cytometers, Next generation sequencing , MALDI-ToF
6.4 Microarray: Principle and application
6.5 Next generation sequencing (pyro sequencing, Roche 454)
6.6 Recent research describing the advancements in forensic science techniques
Course Takeaway:

i. Understanding the principles and usage of the Instruments such as Flow


cytometer, Microarray, NGS and MALDI-ToF

No. Of hours:12 hrs.

CASE REFERENCES:

Cases need not to be incorporated as Advanced Biotechnology paper is basically about the
theory and principle understanding. and to know the application of various advanced
methods/ techniques/instruments.

Books:

 A Text Book of Biotechnology, By R.C Dube


 Biotechnology, By U.Satyanarayana
 Principles and techniques in Biochemistry and Molecular Biology, By Wison and
Walker
 Text book of Animal Biotechnology By B.D Singh
 Introduction to Forensic Science and Criminalistics, Robert E Gaensslen Dr., Howard
Harris, Henry C Lee
 Forensic Analysis and DNA in Criminal Investigations Including Solved Cold Cases
by RJ Parker
 Forensic Science, The Basics, Second Edition
Kathy Mirakovits
ARTICLES

Not applicable to this subject as new article


keep on coming every time which can be taken for class discussion
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

 Introduction to Forensic Science and Criminalistics: Robert E Gaensslen Dr., Howard


Harris, Henry C Lee

268
Skill Component:

Modules Theory and Skill Component

Module – I Colour coding of different brnaches of biotechnlogy

Module – II Growth of B.thuringiensis and isolation of their crystal toxin protein

Module – III Growth of PGPR and determination of their activity

Module – IV Quality analysis of probiotics , preparation

Module – V Real time PCR demonstration

Module – VI HPLC demonstration

List of Resource Persons:

National:

1. Dr. Samuel Rout,Associate Manager at Technology Transfer Office,KIIT- Technology


Business Incubator,E mail: samuel@kiitincubator.in

2. DrRakshak Kumar,Scientist,CSIR-ISBT Palampur,Email: rakshak@ihbt.res.in

3. AratiKarmakar (IP Manger),Aizant Drug Research Solutions,Hyderabd

E mail: aratikarmakar@gmail.com

4. Dr. Tanmay Nayak,Senior scientist,Biocon india Pvt Ltd

Email: tanmay nayak@biocon.in

International:

1. Dr Suresh Kumar Verma,Condensed Matter Theory Group, Materials Theory Division,


Department of Physics and Astronomy, Uppsala University, Box 516, SE-751 20 Uppsala,
Sweden,E mail: suresh.verma@kiitbiotech.ac.in

2. DrSoumitraMohanty,Department of Microbiology, Tumor and Cell Biology,


KarolinskaInstitutet, Stockholm, SE-17165 Sweden,Email: soumitrs.mohanty@ki.se

269
4TH SEMESTER
SPRING SEMESTER
B.Ssc L.L.B
LW2214: Physics-III (Electrical & Electronics)
(Sem. 04/Paper-11),
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Physics is a subject that helps develop good mathematical and analytical skills. Often the
physical phenomena around us are explained using the language of mathematics. In this part-
3 of the three part course the students will develop an understanding of electrical and
electronics systems. In the previous parts the course covers mechanical, thermal properties of
materials and light.

Learning Objectives:

1. Enriching basic knowledge of Physics to support the graduate program.


2. Leaning methodology to establish models for various physical phenomena
3. Expressing behaviour of systems in handy expression / equation (analytical treatment).
4. Applying the aforementioned handy expression / equation to predict / analyze behaviour of
modern devices / instruments and engineering materials.
5. Establish the gateway to design and develop the aforementioned things.
6. Develop fine sense of mathematical, logical and analytical thinking of systems
Teaching Learning Methodology:

This subject will be taught through a combination of lectures, hands on


experiments/animations, and discussion of recent advances in the field. Students will be
evaluated daily using online polls, and analyzing their answers, besides regular graded quiz &
assignments to assess their knowledge and understanding of different modules.

Module – I: Introduction to electrical circuits&DC/AC fundamentals - I

Introduction:

In this module the basics electronics and electrical circuit components and the fundamentals
of DC and AC electrical circuits will be reviewed. Students will be reminded of what electric
force, field, energy, etc. are. The two types of circuits namely AC and DC will also be
introduced in this module.

1. Review of electronics: charge, electric field, potential, flux, dielectric (definitions only),
2. Electrical energy, storing and dissipating components.
3. Electrical sources (voltage and current sources),
4. Concept of power (DC and AC).
5. Ohm’s law, Kirchhoff’s laws.
6. Steady state solution of DC circuits. Introduction to AC circuits, waveforms and RMS value,
Course Takeaway:

270
The students will learn about basics of electronics and electrical circuit components;
Fundamentals of DC and AC electrical circuits will be revisited. Need of AC over DC will be
understood

No. of Hours:14 hrs.

Module – II: DC/AC fundamentals - II

Introduction:
In this module the applications of DC and AC electrical circuits will be discussed. Students
will be taught about single phase versus three phase circuits. The chapter will end with some
elementary idea of sensors.
1. Principles of operation and characteristics of DC machines
2. Single phase and three phase circuits.
1. Transformers.
4. Synchronous machines.
2. Induction motors.
3. Elementary idea of sensors and transducers
Course Takeaway:

Students will learn about operations and characteristics of electrical machines. They will also
learn elementary idea of sensors

No. of Hours:12 hrs.

Module – III: Semiconductors-I; Diodes

Introduction:

In this module, the students will read about semiconductors, their characteristics, types and
their applications such as a rectifier.

1. Semiconductors: classification of solids based on energy band theory


2. Intrinsic and extrinsic semiconductors, p-type and n-type semiconductors
3. p-n junctions, V~I characteristics of p-n junctions.
4. Diode, half wave and full wave rectifiers
5. Zener diode, & its characteristics
6. Zener diode ,voltage regulation.
Theory And Skill Component:

This module will have theory and skill components.

Course Takeaway:

i. Students will learn about p- and n- type semiconductors, characteristic properties of p-n
junction diodes and their applications.

No. of Hours:12 hrs.

271
Module – IV: Semiconductors- II Transistors

Introduction:

In this module, the students will learn about semiconductor junction transistors. They will be
learning about the CB, CC, CE configurations of BJT, and fundamental difference between
BJT & FET. Oscillators will also be discussed in addition to the concept of feedback.

1. Bipolar junction transistor (BJT)


2. CB, CE, CC configurations
3. BJT characteristics
4. FET amplifiers.
5. Concept of feedback, negative feedback.
6. Sinusoidal oscillators, positive feedback.RC phase shift. Hartley oscillators
Course Takeaway:

i. Students will learn about semiconductor junction transistors, CB, CC, CE configurations,
and fundamental difference between BJT & FET. Oscillators will also be learnt

No. of Hours:10 hrs.

Module – V: Signals, Amplifiers and Filters

Introduction:

In this module, students will learn about electronic devices, signals. They will learn about the
relation between input and output signals and concept of signal amplification. Operational
amplifiers and their applications as adder etc, will be discussed.

1. What is signal? Characteristics of electrical signal. Input-output relations.


2. Simple electronic devices such as resistor, capacitor, inductor.
3. Concept of amplification, input/output impedance, impedance matching, bandwidth,
selection, fidelity, types of amplifiers.
4. Operational amplifier (OP-AMP) and its characteristics,
5. Simple applications (adder, subtractor, integrator, differentiator).
6. Filters. Integrated circuits
Course Takeaway:

Students will learn about electronic devices from resistors, capacitorsto amplifiers, filters, and
also integrated circuits

No. of Hours:12 hrs.

272
Module – VI: Digital Electronics

Introduction:

In the final module, students will be introduced to digital electronics. They will be reminded
of number systems, binary numbers, different arithmetic operations, logic functions. It will
also discuss logic gates, flip-flops and elementary ideas of microprocessors.

1. Number systems, binary codes.


2. Boolean algebra.
3. Arithmetic operations, logic functions, combinational and sequential logic.
4. Different OR, AND, NAND, EXOR gates
5. Flip-flops and registers, counters – A/D conversion.
6. Digital computer principle, microprocessors
Course Takeaway:

Students will learn about fundamentals, and applications of digital electronics. They will
learn arithmetic operations and logic gates. They will also learn about A/D conversion and
microprocessor overview

No. of Hours: 12 hrs.

CASE REFERENCES
Cases need not to be incorporated as Advanced Biotechnology paper is basically about the
theory and principle understanding. and to know the application of various advanced
methods/techniques/instruments

BOOKS

1. Engineering Physics, B. K. Pandey and S. Chaturvedi, Cengage Publication, New


Delhi.
2. Optics, A K Ghatak, Tata McGraw-Hill Publications.
3. Modern Engineering Physics, S. L. Gupta, Sanjeev Gupta, Dhanpat Rai
Publications (P) Ltd.
4. Open source course NPTEL, Swayam etc.
ARTICLES
Not applicable to this subject as new article

keep on coming every time which can be taken for class discussion

273
4TH SEMESTER
SRING SEMESTER
B.Ssc L.L.B
LW-2216: Chemetsry-III (Industrial & Analytical Chemestry)
(Sem. 04/Paper-12),
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Descrition:

This course will present some basic applications of chemistry and at the same time also gives
an idea about basic principles and theories of chemical analytical methods by using of
modern analytical instruments. This course introduces students to the core area of chemical
process industry viz. in petrochemical, polymer, pharmaceuticals, pesticides, and explosive
industries. The course will enrich the students with basic concepts and applications of
advanced analytical instruments use in chemistry to know the chemical nature and structure
elucidation of organic and inorganic compounds

Learning Objectives

1. To impart an understanding of basic principles of contract law, including the sources of


contract law, its theoretical underpinnings, and the influences of common law and
statutory law in its development.
2. To understand the principles of contract formation and validity, enforcement of promises
and liability.
3. To help in understanding defences to formation, distinctions between breach and
performance, contract remedies, and third-party interests in contracts. (Front Size: 12)

4. Teaching Learning Methodology:

The method to achieve these goals will be the on the basis of lecture sessions, presentation
and class discussions on the topics

Module – I: Petroleum, petrochemicals, and Polymers

Introduction:This teaching and learning module will cover the processes that comprise a
typical refinery and petrochemicals complex. This will cover how the raw material viz. crude
oil is refined and processed into finished hydrocarbon and chemical intermediate products.
Knowledge and understanding will be gained in refinery and petrochemical process
operations and how to analyze and compare different refinery & Petrochemical product
patterns, specifications and modifications according to regulations.The module also provides
an introduction to polymer chemistry based on synthesis mechanisms associated with chain-
growth and step-growth polymerization. It covers how some very common polymer viz.
Nylon-66, polyester, terylene, rayon etc are synthesized

274
1.1 Origin of petroleum, Composition of crude petroleum, Refining, reforming, fractionation,
cracking, knocking and different types of petroleum products and their applications

1.2 Fractional Distillation (Principle and process), Cracking (Thermal and catalytic
cracking), Reforming Petroleum and non-petroleum fuels (LPG, CNG, LNG, Bio-gas, fuels
derived from biomass), fuel from waste, synthetic fuels (gaseous and liquids), clean fuels

1.3 Petrochemicals; Vinyl acetate, Propylene oxide, Isoprene, Butadiene, Toluene and its
derivatives Ethylene

1.4 Basic concept, structure and types of plastics, polythene, polystyrene,


phenolformaldehydes,
PVC

1.5 Manufacture, physical properties and uses of natural rubber, synthetic rubber, silicone
Rubber

1.6 Synthetic fibres: Nylon-66, polyester, terylene, rayon; foaming agents, plasticizers and
stabilizers.

Course TakeawaysAfter going through this module students will be able to:

 understand origin of petroleum, its composition, overall refinery structure and


various petroleum refinery products;
 demonstrate crude oil processing and refining, various fractionation of petroleum
processes, and its applications in chemical industries;
 identify the challenges facing the refining and petrochemicals industry, and will gain
virtual work experience on a virtual oil refinery and petrochemicals site;
 distinguish different polymerization reactions and their mechanisms/kinetics, and
learn how actual polymerization is performed in the laboratory;
 understand the kinetics, mechanism of free radical polymerization & methodology
used of control molecular weight of polymers
 understand copolymerization reaction mechanism;

No. of Hours:18
Module – II Drugs, Pharmaceuticals, Pesticides and Chemical Explosive

Introduction:This module is designed to help pupils to gain a comprehensive understanding


of the basic concepts related to classification of drugs, their design, development, actions,
physicochemical properties and interactions with their targets in bacterial, viral and malignant
diseases. The module emphasizes on structure activity relationships of drugs, importance of
physicochemical properties and metabolism of drugs. This area will develop an introductory
understanding of different types of pesticide, their use, benefits and adverse effects, synthesis

275
and technical manufacture and monitoring in the human food chain. This module will delve
into the structural, physical, and chemical properties of some energetic materials, explosives.
Students will investigate the application of energetic materials to military and civilian uses
and will explore methods and processes to detect and characterize energetic materials both
before and after use.
2.1 Introduction to drug molecules, classification of drugs according to NDPS, Drug

discovery, design and development

2.2 Synthesis of the drugs; analgesics, antipyretic, anti-inflammatory, antibiotics,

antibacterial, antifungal, antiviral, cardiovascular and antilaprotic drugs

2.3 General introduction to pesticides (natural and synthetic), benefits and adverse effects

2.4 synthesis and use of some common pesticides: Organochlorines (DDT, Gammexene);

Organolhosphates (Malathion, Parathion); Carbamates (carbonfuran and carbaryl); Quinones

(Chloranil), Anilides (Alachlor and Butachlor); detection of pesticides

2.5 Origin of explosive properties in organic compounds, preparation and explosive

properties of lead azide, picric acid, gun powder, ammonium nitrate, TNT, cyclonite (RDX),

Introduction of rocket propellant.

2.6 Chemical warfare agents, Detection and Protection

After going through this lesson students will be able to:

• understand the chemistry of drugs with respect to their pharmacological activity;


• understand the drug metabolic pathways, adverse effect and therapeutic value of drugs;
• know the Structural Activity Relationship (SAR) of different class of drugs;
• write the chemical synthesis of some drugs;
• know the major classes of pesticides;
• understand the legal basis for monitoring;
• comprehend the risk vs. benefits analysis basis of
• Explain basic chemical principles relevant to explosives science;
• Explain the application for each type of explosive and show how each type can be used;
• Explain the different types of stimuli that will lead to detonation of an explosive

No. of Hours: 8

276
Module – III Gravimetric and Volumetric Analysis

Introduction:This module focuses on why we care if a compound is aromatic or not. It will


ivestigate the concept of aromaticity and how to determine the structural requirements for
aromaticity. Discussion of the properties of aromatic, antiaromatic and non-aromatic
compounds and the chemical concequences of aromaticity is the important aspects of this
module

3.1 Introduction to basics of gravimetric and volumetric analysis.

3.2 Defining different types of chemical process for gravimetric analysis like Precipitation,

digestion, filtration, washing, incineration.

3.2 Introduction of concept of equivalent mass, normality, molality, and molarity in reference
to titration

3.3 Introduction to concept of titration and types

3.4 Importance of titration methods in chemical analysis and also use of different type of

instruments used for titration method.

Course Takeaways: After going through this lesson students will be able to:

• understand different processes like Precipitation, digestion, filtration, washing,

incineration in gravimetric analysis.

• Prepare standard solution for different types of chemical analysis and titration methods.

• Understand the concept of titration methods.

• Realize the use of different chemistry concept in types of titrations methods.

• Calculate the strength of unknown chemical compounds by using titration.

• Apply the knowledge of chemical analysis methods in real world applications.

No. of Hours: 14

MODULE-IV:Chromatographic techniques

Introduction:This module deals with the basics of chromatographic techniques and their
classification based on stationary and mobile phases. Chemical mixture solution separation,
qualitative and quantitative analysis of chemical compounds by using chromatographic
techniques.

4.1 Chromatographic techniques and its classification

4.2 Chemical compounds used for stationary and mobile phases.

277
4.3 Chromatogram developments and its analysis

4.4 Qualitative and Quantitative identification of chemical compounds by combining with


other

spectroscopic techniques.

4.5 Application of these techniques in daily life as well as in Industry.

Course Takeaways After going through this lesson students will be able to:

• understand the principle of chromatographic techniques.

• Know the chemical and physical interaction of different chemical compounds with

stationary and mobile phases of chromatographic techniques.

• Relate the chemisorption and physisorption phenomena in developing of chromatograms.

• Understand the criteria for selection of stationary phases and mobile phase for

chromatography

• understand the use of different types of tests performed to analyses chemical compounds

separated in chromatograms.

• Learn the use of cation and anion exchange method for purification of solution in

industry

No. of Hours: 10

MODULE-V Spectroscopic techniques

Introduction:In this module, the theories, principles, and instrumentation for different types
of modern spectroscopic techniques will be discussed. This module also discusses the use of
basic physics and chemistry in development of spectroscopic techniques.

5.1 Electromagnetic radiation and its range

5.2 Absorption and Emission laws in spectroscopy

5.3 Beer-Lambert’s Law and its use in concentration determinationorange.

5.4 Theories, Principles and Instrumentation of UV-Visible, IR, NMR Spectroscopy.

5.5 Theories, Principles, and Instrumentation of Mass spectrometry

5.6 Fluorescence and phosphorescence phenomena in spectroscopy

Course Takeaways: After going through this module students will be able to:

278
• explain the basics of electromagnetic radiation and fundamental terms associated with it

• differentiate between different spectroscopic techniques and the theories and principle

associated with it.

• define maximum absorption wavelength for an organic molecule and empirical formulae

for Woodward-Fieser rule.

• Know the basics of UV-Visible, IR and NMR spectroscopy

• Identify the number of signals from a molecule in NMR

• Understand the use of Mass spectrometry in molecular mass and formulae determination

of chemical compound

No. of Hours: 14

MODULE-VI Application of spectroscopic techniques

Introduction:This module will discuss the concepts of determining the structure of organic
molecules by theuse of modern spectroscopic techniques

6.1 Absorption and Emission spectroscopy

6.2 UV-Visible spectroscopy for the characterization of covalently bonded organic molecules

LW 2216 Page 9

6.3 Use of Woodward-Fieser rule in determination of maximum absorption for small organic
molecules
6.4 Use of IR in functional group determination

6.6 Use of NMR in structure elucidation for organic molecules

6.7 Molecular mass and formulae determination by using Mass spectrometry.

Course After going through this module students will be able to:

• Understand the basics of electromagnetic radiation and the fundamental terms associated
with it.
• learn how to use Woodward-Fieser rule to calculate absorbance maxima for small organic
molecule.

• gain knowledge about covalent nature, functional group determination of organic

molecules

• identify the number of hydrogen atom signal by using NMR spectroscopy.

279
• Determine the molecular mass and molecular formulae for chemical compounds by using

Mass spectrometry

• Determine the structure of organic compounds and develop analytical skills in

characterizing chemical compounds..

Number of hours : 18

REFERENCE BOOKS

TEXT BOOKS

• Organic chemistry by I L Finar (Vol 1 and 2), Publisher : ELBS

• Guidebook

Number of hours : 18

CASE REFERENCES

Cases need not to be incorporated as Advanced Biotechnology paper is basically about the
theory and principle understanding. and to know the application of various advanced
methods/techniques/instruments

BOOKS

Industrial Chemistry:

1. Industrial Chemistry – O.P. Vermani, a.K. Narula, Galgotia Publications Pvt. Ltd., New

Delhi; 2. Engineering Chemistry – B.K. Sharma, Goel Publishing House, Meerut; 3.

Engineering Chemistry- P.C. Jain, M. Jain, Dhanpat Rai & Sons, delhi – 4. Organic

Polymer Chemistry – K.J. Saunders, Chapmann & Hall, London.

Analytical Chemistry:

1. Modern Methods of Chemical analysis – R.L. Pecsock, L.D. Shields, t. Cairns, and I.C.

Mc William, John Wiley, New York; 2. Basic Concepts of analytical Chemistry – S.M.

Khopkar, New Age International Publications, New Delhi

ARTICLES

Not applicable to this subject as new article

keep on coming every time which can be taken for class discussion

280
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

Organic chemistry

A Textbook of Organic Chemistry, by Bahl Arun and Bahl B.S.

Biochemistry, 5th Updated Edition by Satyanarayana and ChakrapaniMadan

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1: Petroleum, petrochemicals and This module will allow students to


Polymers understand origin of petroleum, its
composition, overall refinery structure and
various petroleum refinery products.
Students will be able to demonstrate crude oil
processing & refining, various fractionation
of petroleum processes, and its applications in
chemical industries. Students will develop
skill to acquire knowledge in new
polymerrelated
applications and to acquire new
knowledge for the innovation and
development of polymer materials and
related processes, also with respect to
sustainability considerations
Module 2: Drugs, Pharmaceuticals, By the end of this module students will be
Pesticides and Chemical Explosive able to demonstrate the physicochemical
properties of drug molecules in formulation
research and development. Students will gain
the skills understand the chemistry of drugs
with respect to their pharmacological activity
drug metabolic pathway and adverse effect
and therapeutic value of drugs. After going
through the pesticide topic students will gain
the knowledge on synthesis and technical
manufactures of pesticides, benefits or
adverse effects of pesticides and can
recognize
signs, symptoms and diseases that may be
related to pesticide exposure in environments.
The chemical explosives part of the module
will help the students to understand easily the
application to detonable material systems and

281
the effects of explosive blast in a case
Module 3: Gravimetric and Volumetric Students will be able to understand the basics
Analysis of gravimetric and volumetric analysis. They
will acquire the knowledge about different
types of chemical analysis methods like
Precipitation, digestion, filtration, washing,
incineration. Students will learn standard
solution preparation and different types of
titration methods and will realize the
importance of these methods in day to day life
and in industry
Module 4: Chromatographic techniques This module will allow students to develop in
understanding chromatographic techniques
in chemical mixture separation and their
identification. students will learn different
types of chromatographic techniques based
on their phases and its application in
industry. Students will gain ability to explain
the use of chromatographic techniques in
different fields of analytical chemistry.
Module 5: Spectroscopic Techniques Students will learn the theories, principles,
and basics of instrumentation of
spectroscopic techniques. They will
understand the use of physics and chemistry
in development of different types of
spectroscopic techniques and their
application.
Module 6: Application of Spectroscopic This module will allow students to apply their
techniques spectroscopic techniques in structure
elucidation of organic molecules. They will
develop spectroscopic analytical skills and
will apply this knowledge in characterizing
organic and inorganic compounds

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Dr. Rakesh C Sr. Scientist CSIR, Central Electrochemical Resourse
Barik, Shrijit Institute, Karaikudi-630006, Tamilnadu
Biswas Email: Sijit_biswas@yahoo.co.
rakesh@cecri.res.in

282
2. Dr. Harekrushna Associate Prof. Dett. Of Chemistry, National Institute of
Sahoo Technology, Rourkela, Sundargarh-769008
Email: sahoo@nitrkl.ac.in
3. Dr. Sujit Kumar Application Nanoaurf India, Hyderabad
Dora Scientist Email: dora@nanosurf.co
International
Sl.Nos. Name: Affiliation Contact Details
1. Dr. Suresh Kumar Condensed Matter Suresh.verma@kiitbiotech.ac.in
Verma Theory Group,
Materials Theory
Divn. Deptt. Of
Physics and
Aareibintm Uppasala
University, Box 516,
SE-75120, Swedeb
2. Dr. Soumitra Deptt. Of Soumitra.mohanty@ki.se
Mohanty Microbiology, Tumor
and Cell Biology,
Karolinska Institute,
Stckholm. SE-17165,
Sweden

283
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3023: BUSINESS LAW-I
(Sem. 05/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The course deals with the establishment of laws that govern how corporations are formed and
operated; the way in which a company must do business and be managed. It provides an
insight into the basic understanding of the body of law governing the rights, relations, and
conduct of persons, companies, organizations and businesses. The course intends at imparting
the skills relating to the practice areas of corporate and commercial law.

LEARNING OBJECTIVES:

1. To provide the students with the requisite skills to form an organizational structure and
also for corporate documentation.
2. To make them familiar with different methods of raising corporate finance.
3. To make them understand the nuances of corporate governance and accountability.
4. To make them understand the system of corporate management law & Practice.
5. To make them understand the procedure of corporate restructuring.
6. To make them understand the concept and process of corporate bankruptcy and
dissolution.

TEACHING METHOD:

This course will be taught by a combination of:

1. Prescriptive Method of Lectures;

2. Case Study;

3. Project Assignments;

4. Analysis of leading Case Laws; &

5. Group Discussions.

6. Analysis of leading case laws; &

7. Group Discussion

284
Module1: Incorporation of Company
Introduction : Introduction to the fundamentals of the most sought-after business structure in
India in its various forms, characteristics and how are they incorporated helping thereby in
laying down the foundation for study of Business Law.

1.1 Company – Definition and characteristics


1.2 Types of companies
1.3 Advantages and Disadvantages of corporate form incorporation
1.4 Corporate Personality
1.5 Lifting or Piercing the Corporate Veil
1.6 Promoters - their role, rights, liabilities and legal position
1.7 Criteria to access the nature of incorporation and registration
Theory and skill component:
Theory - Concept of what a corporate personality is in its various forms & characteristics
along with various advantages & disadvantages of the same; Jurisprudence of
corporate personality & legal position of promoters.
Skill - The procedural aspect of incorporating a company & identifying the grounds and
circumstances in which courts can intervene into the corporate veil

Course Takeaway:

1. Understanding the corporate personality & identifying its various forms along with its
characteristics, advantages & disadvantages.
2. Understanding the practical process of bringing a company into existence along with
analyzing the role & legal position of promoters in the same.
3. Identifying & analysing the various circumstances where & why the corporate veil
can be lifted or pierced by the court of law.

Number of Hours: 10 (including tutorials & proctors)

Module2: Constitutional Instruments


Introduction Introduction with the constitutional documents of a corporations, their
importance including the doctrinal understanding to these documents. This module
acclimatizes the learners on understanding the relevance & application of various legal
doctrines to an artificial entity, i.e. the company.

Sub Modules:
2.1 Memorandum of Association and its alteration
2.2 Articles of Association and its alteration
2.3 Certificate of Incorporation
2.4 Doctrine of ultra-vires
2.5 Doctrine of Constructive Notice
2.6 Doctrine of Indoor Management

285
Theory and skill component:
Theory - Understanding the need & importance of various constitutional documents required
for bringing a corporate entity into existence. Understanding the conceptual basis
of various legal doctrines applicable to a company.

Skill - Drafting the constitutional documents tailor-made with the strategies/visions/


objectives of the promoters/majority shareholders/and other stakeholders.
Analysing the applicability of the various doctrines to a corporate person in different
circumstances

Course Takeaway:

1. Understanding the conceptual basis & need of every constitutional documents


required by a company for its incorporation.
2. Learning the drafting skills for the various constitutional documents as per the
requirements of promoters/majority shareholders/and other stakeholders keeping in
view the various strategies & circumstantial requirement for bringing into existence
a company.
3. Identifying & analysing the reasons and process in which various legal doctrines are
made applicable to a company in different circumstances.

Number of Hours: 10 (including tutorials & proctors)

Module3: Raising of Finance Through Equity And Debt Capital

Introduction Raising capital is an important part of developing business. Once you are
committed to the idea of company you will need funding to get started. This module
introduces the various instruments & process, which a business can choose to raise money, so
the business can get off the ground, expand, or transform in some way.
Sub Modules:
3.1 Prospectus and types
3.2 Issue of Shares
3.3 Public offer
3.4 Private Placement
3.5 Debentures
3.6 Raising of Equity and debt Finance
3.7 Legal compliance for raising of capital
Theory and skill component:
Theory - Learning the various ways & instruments available for raising capital in order to
start, grow and manage day-to-day business operations.

Skill - Drafting of various instruments like share purchase agreement, share transfer
agreement, etc. as per the chosen mode of raising capital by a company. Vetting the
prospectus to be issued by a company. Due Diligence required for raising capital in
various ways.

286
Course Takeaway:

1. Understanding the nature, characteristics & usage of various equity, debt & hybrid
instruments available to a corporate entity for raising capital either at initial stages or
future.
2. Learning the drafting skills for the various instruments that a company may use for
raising capital by its chosen way, depending on its stage of business & requirement of
capital.
3. Recognising the different points of due diligence depending upon the various ways of
raising capital that a company may choose from.

Number of Hours: 12 (including tutorials & proctors)

Module4: Investments, Loans,Dividends And Deposits


Introduction The module gives an insight into the inter corporate relations shared between
various companies via instruments like loans & investments; the most celebrated concept of
returns on the investments made on shares of any company by investors, i.e. Dividends & its
nuances; Deposits as an instrument for companies for meeting its funding requirement.

4.1 Inter-corporate loans and investments by company


4.2 Loans to Directors
4.3 Dividend : Declaration and Payment of Dividend
4.4 Unpaid Dividend Account
4.5 Investors Education and Protection Fund
4.6 Acceptance of Deposits by companies
Theory and skill component:
Theory -Conceptual aspects of managing inter -corporate relations through various
alternative instruments of funding - loans, investments, deposits. Importance of
returns on investments in a company by way of dividend.

Skill - Due Diligence in managing the inter-corporate loans & investments; Declaration of
Dividends & acceptance of deposits.

Course Takeaway:

1. Understanding the concepts of inter corporate loans, investments & acceptance of


deposits as an alternative mode of funding for corporates.
2. Learning the importance of dividends as the return on investments made in a company
by its shareholders & the various nuances attached to it.

Number of Hours: 15 (including tutorials & proctors)

287
Module5: Human Agencies Of Incorporated Entity
Introduction The module throws light onto the role, importance, structure & functioning of
the human agency that play one of the most important role in running a corporate entity
successfully, i.e. the directors.

5.1 Directors: Types, Legal Position


5.2 Allotment of Director Identification Number
5.3 Director’s Appointment
5.4 Director’s Resignation & Removal
5.5 Independent Directors: Need, Role and Functions
5.6 Board of Directors: Constitution, Powers & Restrictions, Duties & Liabilities
Theory and skill component:
Theory - Importance of the human agency required for running the company - Directors;
Their position recognised under the law; their importance as an agent of company.
The logic behind the need of a special kind of agent, i.e. Independent Directors for
smooth functioning of corporate entity. Understanding the extent of powers &
duties vested in these agents by virtue of the law.

Skill - Due Diligence as to involving the human agents into the running of the company -
Directors’ appointment, resignation & removal; Practical strategies to execute
functions of directors

Course Takeaway:

1. Understanding the need & importance of directors as human agents for running the
corporate entity successfully.
2. Learning the structure & ways in which these agents can be included into the
company or removed from the company - Appointment, Resignation & Removal.
3. Learning the importance of Independent Directors as independent agents & nuances
attached for a successful functioning of the company.

Number of Hours: 15 (including tutorials & proctors)

Module6: Company Meetings


Introduction :The module throws light on the need & importance for a company to conduct
its affairs transparently through various kinds of meetings in which the company directors
are required to take decisions collectively and to keep a record of their proceedings as a
good practice to fulfil their duties to their companies and comply with relevant laws.
6.1 Company Meetings: Meaning and kinds
6.2 Annual General Meeting: Time, place, Business transacted and Default in holding
Annual General Meeting
6.3 Extraordinary General Meetings

288
6.4 Meeting of Board of Directors, Notice, Time, Quorum, Agenda
6.5 Basic documentation : circulars, agenda,Minutes of Board Meetings
Theory and skill component:
Theory - Need & Importance of the instrument called meeting for conducting the affairs of a
company in a transparent & cohesive manner.

Skill - Due Diligence as to conducting various kinds of applicable meetings in a company &
record keeping; Executing practically best practices in conducting meetings

Course Takeaway:

1. Understanding the need & importance of meetings as an instrument in the company in


order to ensure collective decision making.
2. Learning the nuances of various kinds of meetings applicable to a company & the
business to be addressed in each one of it.

Number of Hours: 10 (including tutorials & proctors)

CASE REFERENCES

1. Solomon v Solomon (1896)


2. State Trading Corporation of India Ltd & Ors v The Commercial Tax Officer, Vizag & Ors
3. Jahangir Rastanji Modi v Shamji Lodha (1866-67) 4 Bom. HCR 185
4. Ashbury Railway Carriage and Iron Co.v. Riche (1875) LR 7 HL 653.
5. Attorney General v. Great Eastern Railway Co.
6. A Lakshmanaswami Mudaliar v. Life Insurance Corporation of India
7. Royal British Bank v Turquund (1856) 6 E. & B. 327
8. Cotman v. Brougham. (1918) AC 514
9. Wamanlal Chotalal Parekh Scindia Steam Navigation Company Ltd. AIR 1994 Bom.131;
10. Earnest v. Nicholls (1857) 6 HLC 401
11. Mahony v. East Holyford Mining Co.: (1875) LR 7 HL 869 at pp. 893-94
[Leading Cases/ Case Law Study: (to be discussed in class elaborately)]

BOOKS

1. A.K. Majumdar and G.K. Kapoor, Company Law and Practice, 18th edition, Taxman,
2013.
2. Avtar Singh, Company Law, 17th Edition, EBC, 2018.
Ramaiya, Guide to Companies Act, 17th edition Lexis Nexis Butterworths, Wadhwa, Nagpur,
2010.

ARTICLES

289
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. ICSI’s, Guide to Companies Act, 2013, Section-Wise Concise Commentary with


Referencer.

2. Taxmann’s, Master Guide to Companies Act 2013.


3. Gower & Davies, Principles of Modern Company Law, 8th edition, Sweet and Maxwell,
2008.
3. Palmer, Palmer’s Company Law, Stevans, London.
4. Robert R. Pennigton, Company Law, 8th edition, Oxford University Press, 2006.

SKILL COMPONENTS

MODULES SKILL COMPONENTS

The procedural aspect of incorporating a company &


identifying the grounds and circumstances in which
Module I: Incorporation of Company courts can intervene into the corporate veil

Drafting the constitutional documents tailor-made


with the strategies/visions/ objectives of the
promoters/majority shareholders/and other
stakeholders. Analysing the applicability of the
various doctrines to a corporate person in different
Module II: Constitutional circumstances
Instruments

Drafting of various instruments like share purchase


agreement, share transfer agreement, etc. as per the
Module III: Raising of Finance chosen mode of raising capital by a company. Vetting
Through Equity And Debt Capital the prospectus to be issued by a company. Due
Diligence required for raising capital in various ways.

Module IV: Investments, Loans, Due Diligence in managing the inter-corporate loans
Dividends and Deposits & investments; Declaration of Dividends &
acceptance of deposits.

Due Diligence as to involving the human agents into


the running of the company Directors’ appointment,
Module V: Human Agencies Of resignation & removal; Practical strategies to execute
Incorporated Entity functions of directors

Due Diligence as to conducting various kinds of


applicable meetings in a company & record keeping;
Module VI: Company Meetings Executing practically best practices in conducting
meetings

290
RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National

Sl. Name: Affiliation Contact Details


Nos.
1. Dr. Anant Vijay Advocate, Supreme Email: anant.vijay.maria@gmail.com
Maria, Court of India Mob: 9873882249

2. CS Prashant FCS, Company Email: prashantpanda2004@yahoo.com


Panda, Secretary of Odisha Mob: 9853199900
Tourism
Development
Corporation
Limited

3. Mr. Puneet General Counsel, Contact: pbansal0@gmail.com


Bansal, Pidilite

4. Mr. Karan Shah, Legal Counsel, Contact: shahkarana@gmail.com; Ph:


Accutest Research 9029780669
Laboratories (I) Pvt
Ltd

291
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
[LW3013]- Public International Law
(Semester 05/Paper-02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course description: The course covers the major areas concerning PublicInternational
law. It will cover the traditional and other major topics in this field such as the sources
and subjects of international law, the jurisdiction of states, international law and the use
of force, and the relationship between international law and the internal law of states. It
will also address newer areasof international law.

Learning objective:

1. To introduce students to the basic concepts and problems of public international law,
international legal system and of the international legal order.
2. To bring in practical aspects of Public International Law, for students who consider
entering into the service of international organizations, NGOs, foreign ministries of
their countries, or specialized private practice.

3. To familiarize the students, with the traditional major topics in this field such as the
sources and subjects of international law, the jurisdiction of states, international law
and the use of force, and the relationship between international law and the domestic
law ofstates.
4. To address the newer themes in international law such as the international law of
human rights, international institutions, intervention and international criminallaw.
5. To discuss the changing aspects of Public International Law, especially in a post
pandemic world.

Teaching Learning Methodlogy


1. Case studies and case analysis is one of the methods of discovering law in books to
support the law in action.
2. Problem oriented studies is ideal for generating interest among the students, and teaching
will be conducted through lecture method and would be supplemented by class room
discussions, tutorials and problem solving.
3. The lectures will give the students an overall view of the topic andthe tutorial will
provide them an opportunity for discussion and deliberation, with a platform to also clear
their doubts.

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Module 1: Theory, purpose, and making of Public international law
Introduction: This module is aimed to introduce the students to primary concepts and facets
of Public International Law, with specific emphasis to its development in the 19th and the 20th
century.

2.6.Public InternationalLaw- Early Development and origin


2.7.Theories of Public internationalLaw
2.8.Classical debates on scope and nature of International Law
2.9.Development of international law during inter-war period ( 1919-1939).
2.10. Formation of UN
2.11. Formation of primary organs of UN

Course take away


The issues which will be addressed in the first module would basically deal with the
over all origin and development of Public International law, as a separate area of Law.
The students would also be able to understand the need of supra- national organisations
like UN, to maintain International peace and security and codify various areas of
international law.
Skill Development component- The students would be able to understand practically
the functioning of primary UN organs, especially the security council and the General
Assembly with the help of case examples and class debates.

Number of hours- 12 hours

Module 2: The relationship between international and national law


Introduction:To introduce the students to the various concepts of relationship between
international law and municipal law with specific reference to U.K, USA and India

2.1 Different conceptions of the relationship between international and national law
2.2 Theories of monism and dualism
2.3 Different theories to the implementation of international law in national law
2.4 International law in national law : Position in USA, UK and INDIA
2.5 The doctrine of harmonistic approach
2.6 The changing position in the 21st century

Skill Development component: Research, articulation, debate

CourseTakeaway: Students would understand the changing dynamics of the various facets
of International Law and municipal law, with the changing positions in the 21st century.

Number of Hours- 12 hours

293
Module 3: State Recognition & State Jurisdiction
Introduction:To introduce the students to the legal concepts within state recognition and
jurisdiction and the prevalent state practices in U.K, USA and India.

3.1 Theories of Recognition


3.2 Concept of De facto and de jure recognition
3.3 Current recognition practices and case examples
3.4 Nature of State Responsibility
3.5 Concept of Territorial jurisdiction
3.6 Jurisdictional immunity and State practice- Case study of U.K, USA, India

Skill Development component: Differentiating cases of territorial jurisdiction on the basis


of their origin. Debate on the changing parameters of state and statehood in the present legal
times

Course takeaway: The students would understand the legal issues pertaining to the
intricacies of state recognition and jurisdiction and its present relevance under Public
International Law

Total number of hours- 12 hours

Module 4: Law of International Treaties

Introduction:The module aims to provide the historic aspects of the development of treaty-
making within the International sphere of state relations and its continued evolution based on
an examination of a select group of case laws.

4.1 Introduction to Treaties : Definition, meaning, concept and Pacta Sunt Servanda
4.2 Classification: Law Making Treaties and Treaty Contracts
4.3 Formation of treaties : Negotiations and adoption, signatures, ratification, reservations,
accession, observation of treaties
4.4 Observance of Treaties
4.5 Invalidity, Termination, and Suspension of Treaties
4.6 Treaties and third states
5 Skill Development Component- Differentiation of treaty negotiation between states
from that of treaty negotiation between non state actors. Also, differentiation of written
and unwritten treaties based on intention.

294
Course takeaway- The module shallprovide a systematic study of the legal
technicalities of the treaty making process based on Vienna Convention on Law of
Treaties 1969.

Number of hours- 12 hours

Module 5: Prohibition of Force and Non-Intervention


Introduction:This module aims to introduce the students to the pivotal concepts of use of
force and the evolution of these principle over a time period.

5.1. The Historical concept of just war.


5.2. The Kellogg-Briad Pact
5.3. The scheme under UNCharter
5.4. Categories of force-Retorsion&Reprisals
5.5. The right ofSelf-Defense&CollectiveSelf-Defense
5.6. Third partyIntervention
Skill Development component- The students would be practically taught the different
nuances of self- defence and use of force, with the help of discussions and debates on
ongoing cases and events, especially after 2020.

Course take away


The issues which will be addressed in this would deal with the origin of use of force and
many attempts made in furtherance of peace . The students would also be able to appreciate
the need of UN, to maintain International peace.
Number of hours- 12 hours

Module 6: Law of the Sea


Introduction: This module will deal with the demarcation of jurisdictions on the sea, the
development of laws relating to the sea, human rights issues involved in boarding non flag
vessel, the extent of ones right over their territorial waters along with the manner of
settlement of disputes.

6.1 The territorial Sea


6.2 The exclusive economic zone
6.3 Continental shelf
6.4 Jurisdiction on the High Seas
6.5 The International Seabed
6.6 Settlement of Disputes

Skill development component- The students will practically learn the functioning of ITLOS
and other UN agencies with specific guest lectures from Academia and Industry experts.

295
Course take away: To understand the different challenges of the law of the sea such as the
very implementation of jurisdiction, use of artificial constructions as base point, use of
resources etc. To appreciate the reflection of international power play between economically
stronger and weaker countries in establishing control over the sea.

Number of hours: 12 hours.

Case References

1. CorfuChannelCase(UnitedKingdom v.Albania)[I.C.J.Reports1949,p.244.
2. Gabčikovo-Nagymaros Project, Hungary v Slovakia [1997] ICJ Rep 7
3. Portugal v. India
4. Chung Chi Cheng vs. The King (1939) AC 160.
5. Attorney General for Canada vs. Attorney General for Ontario (1937) AC 236.
6. Jolly George Varghese vs. Bank of Cochin, AIR 1980 SC 470
7. Vishaka and Ors. v State of Rajasthan, AIR 1997 SC 3011
8. The Chairman Railway Board & Ors v. Mrs. Chandrima Das & Ors , (2000) 2 SCC 465.
9. Arantzazu Mendi Case (1939) AC 256
10. Tinoco Concession Case ( Great Britain and Costa Rica Arbitration) 1923.
11. Bank of Ethiopia vs. National Bank of Egypt & Liqouri (1937) Ch. 517
12. Attorney General of the Government of Israel vs. Eichmann, 36 ILR 277 (1962)
13. Harbhajan Singh vs. UOI 1987 SC 9.
14. Legal status of Eastern Greenland (PCIJ 1933)
15. -Gabčikovo-Nagymaros Project, Hungary v Slovakia [1997] ICJ Rep 7
16. North Sea Continental Shelf, Germany v Denmark, Merits, Judgment, ICGJ 150 (ICJ1969)
17. Anglo Iranian Oil Co. (ICJ.Rep. 1952)
18. Fisheries Jurisdiction (United Kingdom v. Iceland, ICJ, Rep.1973)
19. Advisory opinion of the General Assembly on the legality of usage of Nuclear
Weapon,1996
20. Nicaragua v United States (1986) ICJ Rep 14
21. UN intervention ofKuwait
Books
1. Shaw Malcom,International Law 8th edition, Cambridge University Press.
2. Harris, D. J., Cases and Materials on International Law, 6th ed (Thomson and
Sweet and Maxwell, London, 2004).
3. Starke, J. G., Introduction to International Law,( 10th ed Butterworth’s, London,
1992)
ARTICLES

*************

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ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES

1. Akehurst, Michel, Modern introduction to International Law, 5th ed (George


Allen and Unwin, London, 1984).
2. Brierly, J. L., Law of Nations: An Introduction to the Law of Peace, 6th ed
(Oxford University Press, London,1998).
3. Parlett Kate., The Individual in the International Legal System: Continuity and Change
in International Law, (Cambridge University Press, UK, 2011)
4. Leonard Weinberg, Global Terrorism: A Beginner's Guide, (one world publications,
2005) Gus Martin, Understanding Terrorism challenges, Perspective and Issues (Sage
Publications, 2006)
Bruce Hoffman, Inside Terrorism (Colombia University press, 1954)

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1: Theory, purpose, and The students would be able to understand practically the
making of Public international functioning of primary UN organs, especially the security
law council and the General Assembly with the help of case
examples and class debates.

Module 2: The relationship Research, articulation, debate


between international and
national law

Differentiating cases of territorial jurisdiction on the basis of


Module 3: State Recognition &
State Jurisdiction their origin. Debate on the changing parameters of state and
statehood in the present legal times.

Differentiation of treaty negotiation between states from that of


Module 4: Law of International treaty negotiation between non state actors. Also,
Treaties differentiation of written and unwritten treaties based on
intention.

Module 5: Prohibition of Force The students would be practically taught the different nuances
and Non-Intervention of self- defence and use of force, with the help of discussions
and debates on ongoing cases and events, especially after 2020.

Module 6: Law of the Sea The students will practically learn the functioning of ITLOS
and other UN agencies with specific guest lectures from
Academia and Industry experts.

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List of Resource Persons
1. Prof. ( Dr.) J.L. Kaul, Retired PROFESSOR, University of Delhi (Campus LAW Centre)
and former Vice Chancellor, HNB Garhwal Central University, Uttarakhand.
Email: Jawahar_Kaul@yahoo.co.in
2. Dr. Tamma Suryanarayana Sastry, Former V.C, Tamil Nadu Dr. Ambedkar Law
University, Chennai. Email: tsnsastry@gmail.com
3. Prof. Dabiru Sridhar Patnaik, Professor and Registrar, Chief Proctor of Jindal Global
Law School, Email: spatnaik@jgu.edu.in
4. Prof. (Dr.) Manoj Kumar Sinha, Director, Indian Law Institute, Email: director@ili.ac.in
5. Prof. Atul Alexander, Asst. Professor, WBNUJS Kolkata
6. Prof (Dr.) Prabhakar Singh, Professor, Jindal Global Law School, Email:
prabhakar@jgu.edu.in

298
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3015: INTELLECTUAL PROPERTY LAW
(Sem. 05/Paper-03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Keeping the fact in mind that the present subject would be taught to the students as a general
paper, the main object behind teaching this subject is to make the students understand IPR as
a concept and the different forms of IPR. The course would be more of informative in nature
to help the students appreciate the whole idea of protecting human labour through exclusive
rights in the form of intellectual property rights and to help them to generate interest in the
subject for further research.

Learning Objectives:

1. To help the students understand the jurisprudence behind protection of intellectual


property.
2. To provide a detailed analysis of the various forms of intellectual property rights both at
the international level and at the domestic level (Indian position).
3. To equip students with specific technical, legal and management skills related to
protection,enforcement and commercialization of the various forms of intellectual
properties.
4. Attempt in motivating the students as to the fact that this subject can be taken up for
further research by the students having non-science background as intellectual property
rights is not all about science, without denying the fact that students having science
background will have an edge over the rest as far as few areas of IPR is concerned.

Teaching Methodology:

The methodology adopted for the course would be the following:

 Research method
 Case method
(a) Anatomical
(b) Physiological
 Budging session
 Group discussions
 Inviting specialized persons in this field for delivering lectures

MODULE I- Law of copyright

299
Introduction: To get introduced to the world of IPR & understand the nature of copyright
and its protection.

1.1 Copyright: Introduction

1.1.1 Nature of copyright

1.1.2 Basic features of Copyright

(a) Originality
(b) Idea-expression dichotomy
(c) Authorship and ownership of copyright
1.2 Works in which copyright subsists

1.2.1Literary, dramatic, artisitic works, cinematograph films, sound recording etc.

1.3 Statutory aspects of copyright law

1.3.1 Term of copyright

1.3.2 Registration of Copyright

1.3.1 Moral rights

1.4 Infringement of copyright

1.4.1 Infringement & Remedies

1.4.2Defences against infringement liability

Skill component: To be able to have an assesment of copyright infringment and to be able to


draft arguments on behalf of both the parties.

Course takeaway: Understanding the concepts behind copyright protection in India.

Theory Component: Nature and Scope of Copyright, requirements of a work to get Copyright
protection, works protected, term of copyright, understanding moral rights, infringement and
defences.

Number of hours: 10

MODULE 2: Law of patents

Introduction:This module has been designed to help students understand issues concerning
patent law and pratcies in India.

2.1 Patent: Introduction


2.1.1 Nature of rights
2.1.2 Patentability Standards
2.1.3 Patentable subject matter

300
2.2 Patent Registration
2.2.1 Patent Registration- Procedure
2.2.2 Revocation of Patent
Re

2.3 Patent term and enforcement


2.3.1 Term of patent
2.3.2 Patent infringement & Remedies
2.3.3 Defences to patent infringement claims
2 Theory Skill Component: Works Protected, Patentibility Requirements, registration,
scope of protection and infringement;
3 Practical skill: To be able to identify different components of a patent application for
registration.

Course takeaway: Understanding the basics of patent, patentability requirements and


procedure for grant of patent.

Number of hours: 10

MODULE 3:Trademarks

Introduction:This module aims to help students appreciate the importance of trademarks in a


market and to have a clear idea about the legal issues involved in trademark protection in
India.

3.1 Trademarks: Basic Concepts

3.1.1 Trademarks- conceptual analysis

3.1.2 Need for Trademark Protection

3.1.3 Types of Trademark

3.2 Registration of Trademarks

3.2.1Trademark Registration- Procedure

3.2.2 Enforcement of Registered Trade mark- Infringement and Remedies

3.2.3 Unregistered Trademark & Passing off actions.

Theory Component: Basics and need of Trademark protection, registration of Trademark and
rights of owners, unregistered trademarks

Skill component: Conducting trademark search & report

301
Course takeaway: Students will have a better understanding of various types of trademark,
forms of protetcion system and the registration procedure for trademarks in India.

Number of hours: 10

MODULE 4: Geographical Indications

Introduction The module has been designed to provide a comprehensive knowledge


regarding the Indian position of protetcing different GIs in India.

4.1Introduction

4.1.1 Meaning & Scope

4.1.2 GI and Trademark

4.2 Protection of Geographical Indications under Geographical Indication of goods

(Protection & Registration) Act 1999

4.2.1 Procedure of registration

Goods and Authorized Users

4.2.2 Effect of Registration

Theory Component: Understanding GI, need for GI protection, difference between GI and
Trademark, registration and effects of registration

Skill component: Drafting of a GI applicatio

Course takeaway: Students would have better clarity on various factors that are essential for
a product to be designated as a GI in India.

Number of hours: 10

MODULE 5:Law relating to biodiversity

Introduction This module aims at providing an overview to students about protetcion of


biological resources and associated knowledge under the IPR framework.

5.1. Introduction

5.1.1Rationale behind Incorporating issues relating to biodiversity under IPR


framework

5.2 Regulation of Access to Biological Resources under Biological Diversity Act 2002

5 .2.1 Access Control Mechanism(section 3-7 of the Act)

5.2.2 Benefit Sharing Mechanism (provision of CBD & section 21 of the BD Act)

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5.2.3Offences & penalties (Section 55 of the BD Act)

Skill component: Drafting of a benefit sharing agreement

Course takeaway: Students would be able to have a better understanding of the legal
framework concerning access over bio-resources and norms pertaining to benefit sharing.

Number of hours: 10

MODULE 6:Law relating to plant varieties and farmers rights

Introduction This module will justify the rationale behind the protection of plant variety and
farmers rights under IPR framework and will discuss the legal provisions concerning the
same.

6.1 Plant Variety Protection: Conceptual Analysis

Rationale behind protection of Plant Variety and Farmers Rights under IPR Framework

6.2 Registration of Plant Varieties under Protection of Plant Variety &Farmers Rights Act
2001

6.2.1 Varieties that can be registered

6.2.2NDUS Test

6.2.3 Procedure for registration of plant varieties

6.2.4Duration and Effect of Registration

Skill component: Registration procedure of a new plant variety under PPV and FRA.

Course takeaway: Students will have an idea about the various registrable plant varieties and
the test to be conducted in order to ascertain a plant vareity as a new plant variety in India.

Number of hours: 10

Case References:

1. University of London Press Ltd. v. University Tutorial Press Ltd., (1916) 2 Ch. D 601.
2. Feist Publications, Inc. v. Rural telephone Service Co. 499 U.S. 340 (1991)
3. Eastern Book Company v. D.B. Modak (2008) 1 SCC 1
4. RG Anand Deluxe Films (AIR 1978 SC 1613)
5. Donoghue v. Allied Newspapers Ltd., (1937) 3 ChD 503
6. Rameshwari Photocopy Services & Ors. [DU Photocopying Case]
7. YRF v Sri Sai Ganesh Productions CS (COMM) 1329/2016
8. Biswanath Prasad Radhey Shyam Hidustan Metal Industries AIR 1982 SC 1444
9. Novartis v UOI (2013) 6 SCC 1
10. Diamond Chakrabarty 447 U.S. 303 (1980)
11. F. Hoffmann-La Roche v. Cipla Ltd.

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12. Novartis AG & Anr. v. Natco Pharma Ltd. CS (COMM) 229/2019
13. Darjeeling Tea (Tea Board, India Vs. ITC Limited)
14. Basmati Rice case study
15. Tirupathi Laddu
16. Kanitribe benifit sharing case
Text books :

1. Law Relating to Intellectual Property Rights, VK Ahuja, Lexis Nexis, 3 rd edition, July
2017.
2. Intellectual Property Law,Lionel Bently, Brad Sherman, Dev Gangjee, Phillip Johnson,
OUP Oxford, 5th edition ,Sept 2018.
3. The Subject Matter of Intellectual Property, Justin Pila, OUP Oxford, 1st edition, Sept
2017
Aarticles

1. Intellectual Property Rights and Access in Crisis by Karen Walsh, Andrea


Wallace, Mathilde Pavis, Natalie Olszowy, James Griffin & Naomi Hawkins, IIC -
International Review of Intellectual Property and Competition, Law volume 52, pages379–
416 (2021)https://link.springer.com/article/10.1007/s40319-021-01041-1
2. Intellectual property rights and law enforcement in developing countries by Shiue-Hung
Lin &Leslie Wu, Received 02 Jun 2020, Accepted 07 Feb 2021, Published online: 04 Mar
2021
https://www.tandfonline.com/doi/full/10.1080/1331677X.2021.1889390?src=

3. Intellectual Property Rights as Protected Investments: How Open are the Gates? By Carlos
Correa, Jorge E. Viñuales, Journal of International Economic Law, Volume 19, Issue 1,
March 2016, Pages 91–120, https://doi.org/10.1093/jiel/jgw005, Published:09 April 2016
https://academic.oup.com/jiel/article/19/1/91/2357950
Advanced readings:

1. Adarsh Ramanujan, Patent Law Cases and Materials: A Synthesis For India, Wolters
Kluwer India Pvt. Ltd, 1 Sep 2020.
2. Eashan Ghosh, Imperfect Recollections : The Indian Supreme Court on Trade Mark
Law, Thomson Reuters, 1 Jan 2020
3. Elizabeth Verkey “Law of Plant Varieties Protection”, 2007, Eastern Book Company.
4. Jonathan Curci “The Protection of Biodiversity and Traditional Knowledge in
International Law of IPR”,1st. Edition,2010 CUP

304
TABLE OF SKILL COMPONENTS

MODULES SKILL COMPONENT

MODULE 1 To be able to have an assessment of copyright


infringement and to be able to draft arguments on
behalf of both the parties.

MODULE 2 To be able to identify different components of a


patent application for registration/ Step by Step
Patent filing Procedure.

MODULE 3 Conducting trademark search & report

MODULE 4 Drafting of a GI application

MODULE 5 Drafting of a benefit sharing agreement

MODULE 6 Registration procedure of a new plant variety under


PPV and FRA.

Suggested list of Resource Persons:

International

1. Mr. Luca Valente, IP Lawyer, Turin, Italy


2. Ms. Giovanna Paola Girardi, IP Lawyer, Madrid, Spain

National

1. Dr. Anita Sabat, Managing Trustee of Odita Trust (A registered Trust to represent
community interests, & preserve, protect & promote art, culture, heritage, GIs etc of Odisha,
Bharata).
2. Aurobinda Panda, Founder and Managing, Lex Protector International Law offices.
3. Shri Pankaj P. Borkar, Dy Controller of Patents & Designs, Head of Office.
4. Gaurav Mishra ,Patent & Design Attorney at BananaIP Counsels

305
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3017: Administrative Law
(Sem. 05/Paper-04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: This course provides an introduction to the basic principles of


administrative law. Among the topics that the course will cover are the structure of
administrative institutions; the sources of law for administrative agencies; the basic
procedures for administrative rule making and adjudication; and judicial review of agency
action, the means by which agencies exercise authority, and the relationship of agencies with
the executive, the legislature, and the courts.

LEARNING OBJECTIVES

 The object of teaching the Administrative Law is to impart adequate knowledge and
skill required to control government in the interest of ‘Administrative Justice’

 The services of the administrative lawyer are required in many situations. The
increased governmental activities have necessitated the delegation of legislative
powers and judicial powers to the Executive and the use of wide discretionary powers
by the administration.
 The exercise of these powers is to be subjected to principles of ultra vires, fairness,
reasonableness etc. Public authorities and other governmental authorizes (local self-
government authorizes, public corporations, regulatory authorities etc) have to be
subjected to the discipline of the administrative law.
 In addition to defending the rights of citizen in these areas, where trained
administrative lawyers can have their innings, from the side of the authorities also
there is a great need for personnel trained in this discipline.
 A large number of Tribunals have to be manned by the trained members.
 The execution of the policy in a fluctuating public-private sector divide cannot be
successfully operated without grounding in administrative law. All these objectives
are sought to be achieved by the course on administrative law.

TEACHING LEARNING METHODOLOGY: Teaching will be mainly by the lecture


method supplemented by class room discussions, seminars (webinars), moot courts and
problems solving. Students are expected to attend the lectures and actively participate in the
related exercises. The lectures will be on the topics indicated in the course outline. Students
are expected to read the relevant portions from the text books and come to the class.

MODULE – I: Introduction
Introduction:This module with give the idea of basic concepts and terminologies related to
Administrative Law. The concept like Rule of Law, Separation of powers will be discussed
and also about the administrative authorities.

306
1.1 Public Law and Private Law

1.2 Constitutional Law and Administrative Law

1.3 The Concept of Rule of law

1.4 Doctrine of separation of powers

1.5 Administrative Authorities and their functions (Classification)

COURSE TAKEAWAY- At the end of this module students will be able to identify the
administrative authiorities and also what are the basics of Administrative law and primary
principle associated with the subject.

NUMBER OF HOURS: 8 hours

MODULE – II: Legislative functions of the Administration

One of the most significant developments of the present century is the growth in the
legislative powers of the executives. The development of the legislative powers of the
administrative authorities in the form of the delegated legislation occupies very important
place in the study of the administrative law. This modules deals with the delegation of
legislative functions and the limitations.

2.1Delegated legislation-

2.2Norms governing the delegation of legislative powers

2.3Judicial Control of delegated legislation

2.4 Parliamentary control of delegated legislation

2.5: Administrative Directions having the force of law

COURSE TAKEAWAY- At the end of this module the Students will be able to understand
the concept of delegated legislation, identify them. They will be having the knowledge as to
what extent the power can be delegated and what are the limitations on the power of
executive.

NUMBER OF HOURS: 14 hours

MODULE – III: Judicial functions of the Administration

Introduction:In this module the study will be related to the evolution of the Administrative
Tribunals with special reference to Central Administrative Tribunal, State and Joint
Administrative Tribunals, their jurisdiction, powers and authority. The composition of the
Tribunal and its functioning will also be dealt with.
3.1 Growth of tribunals
3.2 Excess of jurisdiction- Law and fact

307
3.3 Exercise of jurisdiction – Fact and Law-Error of law
3.4Evidence before the tribunal
COURSE TAKEAWAY- At the end of the module the students will be able to learn about
the evolution, functions and development of administrative tribunals. Also they will be able
to know the procedural requirements while dealing with Administrative tribunals.

NUMBER OF HOURS: 12 hours

MODULE – IV: Natural Justice

In this module the concept of natural justice will be discussed which is the backbone of law
and justice. This module discusses the various aspects of Natural Law, its application in
administrative adjudications.

4.1 General Principles – Bias (Nemo Judex in Causa Sua) Notice- Audi Alteram
Partem Personal Bias- Real Likelihood or Reasonable suspicion – Personal –
pecuniary – Subject matter and departmental – Necessity –Consequences of biased
action
4.2 Notice and hearing – Contents of Notice –Evidence –Cross examination – Right to
counsel – Copy of the Enquire report
4.3 Reasoned Decision-Institutional Decisions – The post decisional hearing – Effect
of decision without of notice
4.4. Instances to claim exclusion of natural Justice

COURSE TAKEAWAY- At the end of this module the Students will be able to know the
application of Natural Justice. How It mandates the Adjudicator or the administrator, as the
case may be, to observe procedural fairness and propriety in holding/conducting trail, inquiry
or investigation or other types of proceedings or process. The students will be aware as to
how Natural Justice Secure Justice by ensuring procedural fairness. To put it negatively, it is
to prevent miscarriage of Justice.

NUMBER OF HOURS: 15 hours

MODULE – V: Discretionary Functions


Introduction: In this module various discretionary powers that are available to the
Administrative Authorities will be discussed. The module comprises of principles like
ultra vires, legitimate expectations proportionality etc., which will help in analyzing
the power exercised by the Administrative authorities.
5.1 Concept of discretion – Constitutional and Statutory – Absolute –Subjective and objective
5.2 The ultra vires principle – Reasonableness
5.3 Taking into account irrelevant considerations – Omission of relevant consideration -
5.4 Acting under dictation – Imposing fetters on discretion – Delegation and sub delegation
5.5 Legitimate expectations –Proportionality
COURSE TAKEAWAY -At the end of this module students will be able to know the about
the ‘Discretion’ in its real sense. How reference to the rules of reason and justice and
not according to personal whims. Such exercise is not to be arbitrary, vague and

308
fanciful, but legal and regular and remedy available for tightening the procedure and
not in abolishing the power itself.
NUMBER OF HOURS: 10 hours

MODULE – VI: Governmental Liability and Remedies in Administrative Law

Introduction:This module is totally dedicated towards the various remedies available to the
individual who is aggrieved by the administrative decisions. It deals with liabilities in various
laws and also what are the remedies available.
6.1 Liability in tort
6.2 Liability in Contract
6.3 Public Law Remedies: Writs and others
6.4 Private Law Remedies and other remedies
COURSE TAKEAWAY- At the end of this module students will be able to understand the
liability on the part of the government under the Administrative Laws. This module
will also help them in grasping the knowledge related to the remedies available to an
individual in case of infringement of rights and also mechanisms to enforce the same.
NUMBER OF HOURS: 10 hours

CASE REFERENCES

1- Keshanand Bharti v. State of Kerala, AIR 1973 SC 1461


2- ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.
3- In re Delhi Laws Act, AIR 1951 SC 332
4- Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149.
5- Dwarka Prasad Laxmi Narain v. State of U.P., (1954) SCR 803: AIR 1954 SC 224

BOOKS

1- I.P. Massey – Administrative Law-7th edition –Eastern Book Company


2- S P Sathe - Administrative Law-7th edition –Lexis Nexis –Butterwarths
Wuadawanagar
3- C.K. Takwani-Letuers on Administrative Law- 4th Edition – Eastern Book Company

ARTICLES

*******

309
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND
COMMENTARIES)
1- M.P. Jain Kagzi – The Indian Administrative Law-6th Edition- Universal Law
Publishing Company Pvt. Ltd
2- H. W. R. Wade & C. F Forsyth – Administrative Law -10th Edition – Oxford
University Press
3- M.P Jain and S.N. Jain – Principles off administrative Law -6th Edition in two
volumes
4- Durga Das Basu-Administrative Law-Sixth Edition,2004- Second Reprint 2010-
Kamala Law House- Kolkata
5- Marckse A.T- Judicial Control of Administrative Action in India, Madras Law
Journal Office 1956(A pioneering book on Administrative law written in India) it
covers only one central aspect of administrative law namely judicial control of
powers.
SKILL COMPONENTS

MODULES SKILL COMPONENTS


Module I: Introduction The students will be involved in determining
the administrative authorities that are assigned
in various legislatures and their powers and
accountability.
Module II: Legislative functions of the The students will be involved in identifying
Administration the components in various legislatures where
the powers have been delegated to the
executive authorities and what are the
limitations on the same. Also they will be
researching on the rules, regulations
made under that Act.
Module III: Judicial functions of the The students can be engaged to frame a
Administration petition to be filed in the Administrative
Tribunals and also appeal petitions.
Module IV: Natural Justice Prepare arguments to argue before different
quasi-judicial
authorities and tribunal on the issue of Natural
Justice.
Module V: Discretionary Functions The students would read and understand how
discretion is conferred on the authority from
different statutes. Students practice to write
petitions challenging the discretion of the
authority under different Act.
Module VI: Governmental Liability and Practice Arbitration between the contractors
Remedies in Administrative Law and the government. Drafting 226 petitions
against government. Drafting plaints before

310
civil courts for the issue of tortious liability.
Find out various jurisdictions for tort cases.

LIST OF RESOURCE PERSONS

INTERNATIONAL NATIONAL
1. William Wade Buzbee,Professor of Law, 1. Prof. (Dr.) I.P. Massey, LL.M. (Lko),
Georgetown University, LL.M. (Calif. Berkeley), Ph.D. Dean,
Contact Number:(202) 661 6536 Email: ipmassey@nlujodhpur.ac.in
Email Id: wwb11@law.georgetown.edu 2.Dr Girish R
2. Prof. Madhav Khosla Assistant Professor of Law, Gujarat National
Professor,Columbia Law School Law University
Email ID:mkhosl@law.columbia.edu Email: rgirish@gnlu.ac.in
Contact :854-0722 Contact No: 7923276611

311
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LAW-3019: PROPERTY LAW
(Sem 05/Paper-05)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

Property Law ensures to familiar with various modes of ownership of properties, diverse jural
relations between individuals, and individual and objects with special proprietary
characteristics of competing interests like, Sale, Mortgage, Lease, Licence, Gift, Charge, etc
in the existing legal framework and in practice.

LEARNING OBJECTIVES:

 To impart basic understanding on characters of proprietary interests, legal connotation of various


terms, principles of transfer with regard to the transfer of property rights.
 To highlight the various modes of acquisition, possession and Transfer of Property.
 To enlighten the applicability of different principles of transfer in various instruments of transfer
in practice and interpretation of conveyances in Civil Courts.
 To highlight other Subsidiary Laws related to the Transfer of Property.

TEACHING LEARNING METHODOLOGY:


To ensure maximum realization of the values of the Subject the Teaching-Learning Methodology will
be
i) Lecture & Discussion Method;
ii) Case-study Methods & Case-Analysis Methods;
iii) Problem - Formulation and Solving Method;
iv) Draft-Preparation Method;
v) Research Problem Formulation & Presentation Method

MODULE I – Proprietary Characters of Ownership, Possession and Legal


Terminologies

Introduction: This module is to provide the conceptual framework of Property, the


significant evolution of private ownership from community ownership, i.e., ‘freehold
property’ and ‘leasehold property’. Students would have the clarity in understanding the
distinct features of the proprietary interests, nature, and typologies of properties and the
documentation process to validate the transactions of transfer.The object, objectives, scope
enumerates the necessity of the subject and relatable practices

• 1.1 Concept of Property - Acquisition of Owners - Community Ownership & Private


Ownership, Characteristics of Possessory Interests
• 1.2 Classification of Property - Tangible/Intangible (like Intellectual Properties),
Movable & Immovable

312
• 1.3. Types of Instruments, Attestation, Actionable Claim(Sections 130),
Differences between actionable claim and Negotiable Instruments, Notice (Section 3)

Course takeaway: The principal aim of the first module is to acquaint students with the
fundamental proprietary interest and general principles of property law and to clear the
concept of the property, occupation and ownership and relevant laws.

Number Of Hours: 8 Credit Hours

MODULE II – Basic Principles & Modes of Convey or Transfer

Introduction: This module is to highlight the meaning and various principles on two or more
competing equitable interests exist in a specific property, limitation of right with regard to
birth, death, charitable cause, fraudulent transfer, part transfer, property with pending
litigation or transfer of property in the name of God, etc., diverse modes of Transfers of
Property and proprietary interests, validity of such transfers. rights and clear determination of
the relative rights.

 2.1 Transfer - Meaning, Transferability of Property, Competency


 2.1.1 Subject-matter: Vested/Contingent etc.
 2.1.2 Doctrine of Election,
 2.2 Modes of Transfer - Oral, Conditional, Conditional Transfer
 2.2.1. Doctrine of Cy-Pres (Section 26)
 2.2.2 Doctrine of Acceleration (Section 27)
 2.2.3 Future Transfer, Transfer for the benefit of unborn persons (Section
13), Rule against perpetuity (Section 14), Class gift ( Sections 15 &
16), Transfer in perpetuity for benefit of public (Section 18),
 2.2.4 Transfer by ostensible owner (Section 41),
 2.2.5 Doctrine of feeding the grant by Estoppel (Section 43)
 2.2.6 Doctrine of Lis Pendens ( Section 52)
 2.2.7 Fraudulent transfer (Section 53),
 2.2.8 Part performance (Section 53A)

Course takeaway: Clarity in understanding various modes of transfers of property and


proprietary interests relating to the testamentary and interstate transfer.

Number Of Hours: 18 Credit Hours

MODULE III :Specific Nature of Convey or Transfer

Introduction This module would enlighten some of the specific types of transactions relating
to property that practised like, absolute transfer of proprietary rights, transfers with the
imposition of limitations by conditions, lease, or other mode of transfers with limited interest
and limited time period.

313
• 3.1 Definitions - Sale(Section 54),Marshalling by a subsequent purchaser (Section 56)
• 3.2 Lease - Lease & Licence, Duration of Lease (Section 106), Tenancy at will,
Tenancy by sufferance, Tenancy by holding over (Section 116)
• 3.3 Determination of lease (Section 111) Waiver ( 112-113), Relief against forfeiture
for non-payment of rent and effect of Surrender ( 114, 114A, 115, 116), Exemption
for agricultural purposes (117)
• 3.4 Definition, Kinds & Modes of Making Gifts (Sections 122 -128), Revocation of
Gift (Section 126), Donatio Mortis Causa (Section 129), Exchange (Section 118)
• Self Study - Rights & Liabilities of Sale/ Lease/ Gift

Course takeaway :- The applicability of the the principles of Transfer of Property Act, the
significance of the applicability of relevant laws in practice in the documentation process of such
transfer instruments and determination of the right, title and/or interest of the property in dispute,
Analysis and Critical Analysis of the economical dynamics of property and proprietary right and
ownership of the property.

Number Of Hours: 14 Credit Hours

MODULE IV

Introduction Module Four consists of the transfer of rights and interests with timeperiod.
This particular module deals with mortgage which is to deal with the exact transferred right
and interest, residuary right, rights and responsibility of mortgagor and mortgagee,
contractual or non contractual debt, property as security of a debt between parties, eventuality
of non-payment etc.

• 4.1. Mortgage, Types of mortgage, Essential Elements (Section 58), Difference


between mortgage, Hypothecation and Pledge, Limitation of suits relating to
Mortgages
• 4.2. Equity ConceptonRedemption of Mortgage, Clog on redemption (Section 60)
• 4.3. Right to Foreclosure (Section 67), Marshalling Securities (Section 81)
• 4.4. Charge ( Section100)

Course takeaway :-The interpretation of Loan Documents, the rights and liabilities of the
parties having the interests in the collateral, legal implications in the various types of
disputes.

Number Of Hours: 8 Credit Hours

314
MODULE V

Introduction Fifth module of the course is to deal with the payment mode of stamp duty of
the property at the time transfer of right, title and interest. The necessity of payment of stamp
duty and type of stamp duty both are vital points of the module.

5.1 Basic principles of Stamp Duty

5.2 Important provisions of the Registration

Course takeaway :-Determination of stamp duty for different type of Transfers of Property.
Also to understand the corresponding laws like, Registration Act, Licence, Contract Act, and
Specific Relief Act.

Number Of Hours: 2 Credit Hours

MODULE VI

Introduction The last module of the course is to deal with the basic understanding about the
beneficial rights that matures to the absolute enjoyment of the right title and interest of the
property, significantly related to Easement Act as well as different version of tenancy relation
in Housing issues in the notified areas and understanding about tenement and limited
enjoyment of property.

6. 1 Real Estate (Regulation and Development) Act, 2016


6. 2 Easement Act
6. 3 Model Tenancy Act
Course takeaway :-Contemporarylegal issuesrelated to rent-disputes, easementary rights,
rights and liabilities related to real estate property dealings.

Number Of Hours: 10 Credit Hours

CASE REFERENCES
1. Ganpati Ram Bhande and Ors. vs. Baliram Raghunath Jadhav and Ors
2. Ram Newaz And Anr. vs Nankoo And Ors.
3. P.B. Textiles Pvt. Ltd. vs. Gujarat Industrial Development Corporation
4. Shiromani Gurudwara Prabandhak Committee, Amritsar v. Shri Som Nath Das andOrs. (AIR 2000
(3) SC 1421)
5. Jagdeo Sharma vs.Nandan Mahto and Ors.

TEXT BOOKS ( 3 BOOKS)

1. H.N. Tiwari, Transfer of Property Act, Allahabad Law Agency, 4th edn., Reprint 2007.

2. Dr. Avtar Singh, Text Book on The Transfer of Property Act, Universal Law Publishing
Company, 2nd edn., 2009.

315
3 Dr. R.K. Sinha, The Transfer of Property Act, Central Law Agency, 10th edn., Reprint
2009.

4. Vepa P. Sarathi, Law on Transfer of Property, Eastern Book Company, 5th edn., Reprint
2010.

5. Dr. G.P. Tripathi, The Transfer of Property Act, Central Law Publications, 17th edn., 2011.

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES


Mulla, The Transfer of Property Act, Lexis Nexis, 10th edn., 2005.

Cheshire and Burn’s Modern Law of Real Property, Oxford Publications, 17th edn. 2006.

G.C.V. Subha Rao, Law of Transfer of Property Act, ALT Publlications, 5th edn., 2007.

Banerjewe’s Commentaries on the Transfer of Property Act 1882, Dwivedi and Co., 2007.

Hari Singh Gour, Commentary on the Transfer of Property Act, Delhi Law House, 11th edn.,
2008.

B.B.Mitra & Sengupta, Transfer of Property Act, Kamala Law House, 19th edn., 2009.

Darashaw J Vakil’s, Commentaries on the Transfer of Property Act, Lexis Nexis, 3 rd edn.
2009.

MODULES SKILL COMPONENTS

Module I: Proprietary Characters of Skills on Research and Critical Analysis


Ownership, Possession and Legal
Terminologies

Module II: Basic Principles & Modes of Problem-Formulation & Solving Skills, Skills
Convey or Transfer in Research & Critical Analysis of Judicial
Pronouncements

Module III: Specific Nature of Convey or Problem- Solving Skills, Analyzing and
Transfer Preliminary composition of Drafting Skills of
Transfer Instruments

Module IV: Skills in Research, Analytical and Critical


Analysis, Skills Documentation or
Transactional as well as Vetting for Loan
Advancement.

Module V: Skills of Analysis and Critical Analysis of the


nature of transfer and Application Skill of
Stamp Duty Act

316
Module VI: Analytical Skill and Application Skill of the
Legislations

LIST OF RESOURCE PERSONS

1.Ms. Debolina Sen, Advocate,Jharkhand High Court, (+91) 8521443686

Email:debolina.senhirani@gmail.com

2. Dr. Kiran Kori, Faculty HNLU,(+91) 9329714863

317
5TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3021: Principles of Taxation
(Sem. 05/Paper-06)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:
No government can run a country without revenue. One of the major sources of revenue is
taxation. Taxes can be classified as Direct and Indirect Tax. Direct taxes encompass those
taxes where impact and incidence falls on the same person. Income Tax Act, 1961 is the
prime legislation in the area of direct taxes in India. It is very interesting to know various
facets of this Act. The Act makes ample scope for tax planning and tax management by
utilizing various provisions which are enshrined therein. A tax payer can reduce her tax
liability by taking advantage of various incentives that are provided in the Act. It creates a
win-win situation. The Object of this paper is to enable to the students to understand the
concept of taxation with reference to India and to analyze the rules and principles of direct
and indirect tax as well as applying them to concrete instances.

1. Learning Objectives:
After completion of the course, a learner can have following takeaways:.

1. An overview of the direct and indirect taxation system of India.


2. Knowledge of computation of income tax and GST
3. Idea on various avenues for tax planning and tax management
4. Awareness on the compliance of tax laws
5. Enabling to file income tax returns and GST returns
6. Taking occupation as tax consultants
2. Teaching Learning Methodology:
The Course will be taught by a combination of lectures, seminars, practical examples using
problem solving, case law, discussions, project work, and project presentations. In addition to
readings, case laws, and notes in the text, materials from the web shall be employed to
provide one with source documents and commentaries concerning the development and
articulation of the principles underlying the study of direct and indirect taxation of individual.

MODULE I: BASIC CONCEPTS OF TAXATION


Introduction: This module has been designed with the motive to inform the students about
the basic concepts of income-tax law, its components and the meaning of important
termsused. It also discuss about the residential status of Individuals, HUF, AOPs/ BOIs,
Firms &Companies. The module consists of the following sub-topics:

1.1 Introduction and basic concepts of taxlaw


1.2 Relation between tax, fees, cess, tax evasion, tax avoidance, direct tax and indirect tax
1.3 Constitutional provisions and canon of taxation
1.4 Definitions of concept of income, assessee, previous year, assessment year

318
1.5 Residential status and incidence of tax
1.6 Related problem
Course Takeaway:

Student will be able to:

 apply the rates of tax applicable on different components of total income of a person
and the rates of surcharge, wherever applicable, and health and educationcess for the
purpose of determining the tax liability of such person
 examine the scope of income chargeable to tax in respect of different persons, after
ascertaining their residentialstatus
 appreciate how the residential status of a person determines the income includible in his
total income and consequently impacts his income-tax liability

Number of Hours: 12 hrs

MODULE II: SALARY


Introduction:This module has been designed with the motive to appreciate the meaning of the terms
“Salaries”, “Profits in lieu of salary”,allowances,and“Perquisites” and examine whether a particular receipt/
income would constitute salarytakingintoconsiderationthenatureofrelationshipbetweenthepayerandpayee.
The module consists of the following sub-topics:

2.1 Basis of charge of income from salaries


2.2 Allowances
2.3 Perquisites
2.4 Profit-in-lieu of salary
2.5 Deduction from salary
2.6 Related problem

Course Takeaway:

Student will be able to:

 computethevalueoftaxableallowances,perquisites,terminalorretirementbenefits
 compute the income chargeable under the head “Salaries” after
allowingstandarddeductionanddeductionsavailablein
respectofentertainmentallowanceorprofessionaltax,ifany,anddeterminetaxliabilitythereon
 formulatetheidealsalarystructuretominimisetheoveralltaxliabilityonincomeunderthehead“Salaries”
 examine the scope of income chargeable to tax in respect of different persons, after
ascertaining their residentialstatus
 appreciate how the residential status of a person determines the income includible in his
total income and consequently impacts his income-tax liability

Number of Hours: 12 hrs

319
MODULE III:INCOME FROM HOUSE PROPERTY
Introduction:This module has been designed with the motive to discuss the circumstances
when an income chargeable to tax under the head “Income from House Property” and
examine the circumstances for ascertaining whether income derived from a property would
be chargeable to tax under the head “Income from house property” or “Profits and gains
from business orprofession”. The module consists of the following sub-topics:

3.1 Basis of charge


3.2 When property income not charged totax
3.3 Basis of computing income from a let out house property
3.4 Basis of computing income from aself-occupied houseproperty
3.5 Deduction under section 24
3.6 Related problems

Course Takeaway:

Student will be able to:

 compute the income chargeable to tax under the head “Income from house property” in
respect of self-occupied property, let-out property, partly let-out and partly self-
occupied property, property let out for part of the year and self-occupied for part of the
year, deemed to be let-out property after allowing permissible deductions under
section24
 identify the cases where a person, though not the legal owner, would be deemed as
owner of houseproperty
 examine the tax treatment of income from co-ownedproperty

Number of Hours: 12 hrs

MODULE IV: CAPITAL GAIN


Introduction:This module has been designed with the motive to appreciate the scope of
income chargeable under thishead, examine the provisions of section 2(42A), relating to
period of holding, for classification of a capital asset as short-term capital asset and long-
term capitalasset and analyse and apply the provisions of section 47 to determine whether a
particular transaction
wouldbeconsidered/notbeconsideredastransferforthepurposeofcapitalgainstaxation. The
module consists of the following sub-topics:

4.1 Basis of charge


4.2 Meaning of capital assets
4.3 Transfer of capital assets
4.4 Capital gains – how computed
4.5 Related problems

320
Course Takeaway:

Student will be able to:

 determine the cost of acquisition/ improvement and indexed cost of acquisition/


improvement, in case of a short-term capital asset and long-term capital asset,
respectively for the purpose of computing the capital gains
 compute the capital gains chargeable to tax applying the charging and deeming
provisions and giving effect to the exemptions available in respect of capitalgains
Number of Hours: 12 hrs

MODULE V: PGBP AND INCOME FROM OTHER SOURCES


Introduction:This module has been designed with the motive to identify the income which
are chargeable to tax under the head “Profits and gains of businessorprofession” and “Income
from othersources” and identify the admissible/ inadmissible deductions. The module
consists of the following sub-topics:

5.1 Basis ofcharge


5.2 Deductions under section 30 to 32
5.3 Taxation ofgift
5.4 Permissible deductions from income from othersources
5.5 Specificdisallowances
5.6 Related problem

Course Takeaway:

Student will be able to:

 analyse and apply the provisions of sections 30 to 37 to determine whether any


particularexpenditure/payment would be admissible as deduction while computing income
under this head
 compute income under this head applying the charging and deeming provisions, allowing the
permissible deductions and disallowing the impermissibledeductions
 examine the circumstances when any sum of money or property transferred without
consideration or for inadequate consideration would be taxable in the hands of recipient
and the exceptionsthereto
 compute the income under the head “Income from Other Sources” after allowing the
deductions availablethereunder
Number of Hours: 12 hrs

MODULE VI: GOODS AND SERVICES TAX


Introduction:This module has been designed with the motive to inform the students about
the primary concepts and facets of Goods and Services Tax. Student will also know about
thethe concept of supply, analyse the taxable event under GST – Supply – its

321
meaningandscopecompareandappreciatethedifferencesbetweenthetaxableeventsunderearlierin
directtaxesregimeandtheGSTregime

6.1 Introduction and basic concept


6.2 Benefits of GST
6.3 Constitutional amendment
6.4 Meaning and scope of supply and levy ofGST
6.5 Related problem

Course Takeaway:
Student will be able to:

 explain the concept of GST and the need for GST inIndia
 identifythetransactionsthatwillamounttosupplyevenwithoutanyconsideration
 classify certain transactions/activities as supply of goods orsupplyofservices.
 pinpoint the transactions which will be neither the supply
ofgoodsnorthesupplyofservices

Number of Hours: 12 hrs

CASE REFERENCES

1. British Gas India(P.) Ltd., in re [2006] 155 Taxmann 326 (AAR – New Delhi).
2. K. Sambasiva Rao v. ITO [2014] 42 taxmann.com 115 (Hyd.).
3. Kinloch v. IRC 14 TC 736.
4. Baryard Brown v. Buri 5 TC 667.
5. CIT v. Suresh Nanda [2015] 233 Taxman 4 (Delhi)
6. Gestetner Duplicator (P.) Ltd. v. CIT [1979] 117 ITR (SC).
7. Reade v. Brearley [1933] 17 TC 687.
8. CIT v. Raghunath Murti [2009] 178 Taxman 144 (Delhi).
9. Vrajeshwari B. Parikkh v. ITO [2015] 61 taxmann.com 235 (Ahd.).
10. Bridges v. Hewitt [1957] 2 AER 281 (CA)
11. Chowdhury Sharafat Hussain v. VIT [1956] 29 ITR 759 (Pat.)
12. M. Ramalakshmi Reddi v. CIT [1998] 100 Taxman 509/232 ITR 281 (Mad.).
13. S. Kartar Singh v. CIT [1969] 73 ITR 438 (Delhi).
14. ITO v. Bhogal Export [2014] 61 SOT 102 (Chd.).
15. Monarch Citadel (P.) Ltd. v. ITO [2006] 10 SOT 293 (Bang.)
16. Ahmed G.H. Ariff v. CWT [1970] 76 ITR 471 (SC).
17. Arun Sunny v. CIT [2009] 184 Taxman 498 (Ker.).
18. CIT v. Nitish Rameshchandra Chordia [2015] 57 taxman.com 394
19. G.M. Omer Khan v. CIT [1992] 63 taxman 533 (SC).
20. T.S.M.O. Mohamed Othuman v. CIT [1957] 31 ITR 480 (Mad.)
21. Roma Bose v. ITO [1974] 95 ITR 299 (Cal.).
22. CIT v. G. Hyatt [1971] 80 ITR 177 (SC).

322
23. CIT v. Shriram Jute Products Ltd. [1993] 71 Taxman 293 (Cal.).
24. CIT v. Rajasthan Land Development Corpn. [1995] 211 ITR 597 (Raj.).
25. Kantilal Manilal v. CIT [1996] 41 ITR 275 (SC)

Books:

1. DirectTaxLawandPracticebyDr.VinodSinghaniaandDr.KapilSinghania(TaxmannPublicat
ion)
2. Income TaxbybyDr.VinodSinghaniaandDr.MonicaSinghania(TaxmannPublication)
3. GSTReadyReckonerbyV.S.Datey (TaxmannPublication)

Articles :

1. Subramani, V.K., Is surplus due to exchange rate fluctuation chargeable to tax in the case
of personal loan?, [2021] 127 taxmann.com 753.
2. Hegde, Manjunath, Bracing for implementation of Section 206AB of Income-tax Act,
[2021] 127 taxmann.com 743
3. Tripathi, Gaurav, Issues with Amendments in Finance Act, 2021 regarding Slump Sale
Transactions, [2021] 127 taxmann.com 713
4. Pani, Aswini, Restriction on use of Input Tax Credit available in E-Credit Ledger, [2021]
127 taxmann.com 317
5. Garg, Devansh, Tax Treatment Of Composite and Mixed Supplies Under The Indian
GST Regime: A Variable Drastically Dependent Upon The Erstwhile Indian Service Tax
Regime And The European Vat Model, [2021] 127 taxmann.com 324

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)


1. Taxmann’sIncomeTaxAct, editedbyU.K. Bhargava
2. IncomeTaxMiniReadyReckonerbyMonicaSinghania(TaxmannPublication)
3. IncomeTaxActbyTaxmann(As AmendedbyFinanceAct2021)(TaxmannPublication)
4. GSTbyVivekLaddha &PoojaPatwari(TaxmannPublication)
5. Direct TaxesReadyReckonerbyVinod KSinghania(TaxmannPublication)
6. TaxControversiesUnderIncomeTax ActbyKaushikDShah(TaxmannPublication)
7. GST Master Guide by Vivek Laddha and Pooja Patwari (Taxmann Publication)

323
SKILL COMPONENTS

Module Skill Component

Module 1: Basic Conceptsof Taxation 1. Problems Relating To calculation of tax


liability of an assessee

2. Process of filling an application of PAN


Card

3. Process of using income tax portal

Module 2: Salary 1. Practical problems relating to income


under the head ‘salary’

2. Showing Students Some Real Life


Examples of ITR1

Module 3: Income from House 1. Practical problems relating to income


Property under the head ‘house property’

2. Showing Students Some Real Life


Examples of ITR2

Module 4: Capital Gain 1. Practical problems relating to income


under the head ‘capital gain’

2. Showing Students Some Real Life


Examples of ITR2

Module 5: PGBPand Income from 1. Practical problems relating to income


Other Sources under the head ‘profit and gain of business
and profession’

2. Showing Students Some Real Life


Examples of ITR3

Module 6:Goods and Services Tax 1. GST registration formalities in the portal
and background preparation
2. Showing students some real life example
of how place and time of supply for clients.

324
Resource Persons

National
1. Prashant Panda,
Company Secretary of Odisha Tourism Development Corporation Limited
E-mail I.D.: prashantpanda2004@yahoo.com
Mobile: +91-9853199900

2. Adv. Ronak Modi


Advocate, Cuttack High Court
E-mail I.D.: modironak97@gmail.com
Mobile: +91-9040474697

3. Mr. Jeevan Ballav Panda,


Partner, Khaitian & Co, New Delhi
E-mail I.D: jeevan.ballav@khaitanco.com
Mobile: +91-98310 53655

4. Mr. Dipti Lavya Swain


Partner, HSA Advocates
E-mail I.D.: dipti.swain@hsalegal.com
Mobile: +91-9004610900

International

1. Ayush Ganediwala,
Vice President, Legal, Industrial and Commercial Bank of China.
E-mail I.D.: ayushganediwala@gmail.com
Mobile: +91-99303 07853

2. Amit Shankar Singh Rajput


Legal , Citi Bank, Hong Kong.
E-mail I.D.: amit.shankar@citi.com
Mobile: +91- 99879 86493

325
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3012: Civil Procedure Code And Limitation
(Sem. 06/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description: This course will provide an overview of how civil (as opposed to
criminal) legal disputes are resolved in Indians courts. Unlike other first-year courses that
focus on substantive law, our primary focus willbe on the process, structure, and practice of
the courts. After completion of the course, students would be able to understand the multiple
roles of a lawyer in civil dispute resolution.
Learning Objectives:
1. To impart the knowledge amongst the students regarding various Principles of
Procedural Law being followed by the Civil Courts in India
2. To introduce the students to the functional understanding of various aspects of the Civil
Proceedings
3. To give to a law student a thorough knowledge of procedural aspects ofworking of civil
courts and other machineries.
4. To develop expertise in the institution/preparation and presentation of civil suits.
5. To develop expertise in finding and asking the civil remedy from the Court.
6. To prepare the legal experts of the civil matters.

Teaching Learning Methodology:


1. Lecture Method
2. Case study method (Anatomical and Physiological)
3. Group Discussion and Presentation

MODULE I- BASIC TERMINOLOGIES AND CONCEPTS

Introduction:This module helps to inbuilt an understanding within the students purpose and
function of civil procedure law and the structure of the civil court organization and the duties
of professionals that work at the courts.
1.1. Distinction between Substantive law and Procedural law
1.2. Definitions: Decree, Judgment, Order, Foreign Court, Foreign Judgment, Mens Profits,
Affidavit, Suit (essentials of suit), Suit of a civil nature, Plaint, Written Statement, Legal
Representative.
1.3. Concept of Res-subjudice&Resjudicata,
1.4. Concept of Restitution of Suit,
1.5. Concept of Caveat,
1.6. Inherent Powers of Court
Course Takeaway – This module explains the purpose and function of civil procedure law
and the structure of the civil court organization and the duties of professionals that work at
the courts.

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Number of Hours - 10
MODULE II- INITIAL STEPS IN A SUIT
2.1. Jurisdiction and place of suing
2.2. Institution of suit
2.3. Pleadings: Meaning, object, General rules, Amendment of pleadings
2.4. Plaint and written statement
2.5. Discovery, Inspection and production of documents
2.6. Appearance and non-appearance of parties
Course Takeaway - This module will help students apply substantive civil law doctrines into
practical aspects in Mock trails/practical training/drafting.

Number of Hours - 12
MODULE III – INTERIM POWERS AND APPEALS
Introduction : This Module highlights and explains the powers of an interlocutory court and
highlights the various ways in which a court can grant interim relief to a litigator. It also
explains the procedural aspects of appeals enshrined under the CPC.

3.1 Interim Orders- Commissions, Arrest and Attachment before judgment, Costs,
Interest
3.2 Temporary Injunction & Receivers
3.3 Judgment and Decree
3.4 Foreign Judgment & its conclusiveness and execution
3.5Appeals and Appeal from Orders

Course Takeaway- This Module would expose the students to the myriad ways in which a
court can grant interim relief during the pendency of a suit. It would also help them
understand the procedure of Appeal in a civil suit.
Number of hours- 12
MODULE IV- SPECIAL SUITS UNDER THE CIVIL PROCEDURE CODE
Introduction: This Module would imbibe the students about the special category of suits for
some exceptional circumstantial conditions and the procedural steps in such cases while filing
the civil suits for the assertion of the civil rights before the Civil Courts.
4.1 Suits in Particular cases and special proceedings.
4.2 Suits by or against the government & Suits by Aliens by or against Foreign Rulers
4.3 Interpleader Suits
4.4 Suits by or against minors & Persons of unsound mind
4.5 Compromise of Suit in a Representative Suit.
4.6 Suits relating to Public Nuisance and Public Charities.
Course Takeaway- This module help to clarify the basic understanding in differentiating the
singular features and steps in comparison to the Ordinary Civil Suits and of those special
suits under the CPC.

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Number of hours- 12
MODULEV - EXECUTION PROCEEDINGS
Introduction:This Module clearly provides the most practical aspects of Execution of
Decrees and the various legal technicalities in realization of the remedies under Decrees. It
shall also enable to comprehend the complete legal technical process in the execution
proceedings.
5.1 Execution, Questions determined by Execution Court
5.2 Execution by Transfer, Legal Representatives
5.3 Power of Execution Court, Arrest & Detention
5.4 Execution of Specific movable Property, Attachment of Immovable Property,
Objection to Attachment
5.5 Review, Revision, Application to Miscellaneous Proceedings
Course Takeaway- This module would clarify the basic understanding about the legal
technicalities related to the execution of Decrees under CPC.

MODULE 6-Law of Limitation


Introduction:This Module shall enlighten the students about the significance of the
procedural technical aspect relating to limitation period and its proximate relation with the
Procedural Law, especially in CPC.
6.1 Introduction of Limitation
6.2 Limitations of Suits, Appeals, Applications
6.3 Computation of Period of Limitation
6.4 Acquisition of Ownership by Possession, Schedule – Periods of Limitations.
Course Takeaway- This module would clarify the basic understanding about the importance
and it practical application of the legal technicalities in the civil proceedings as under Law of
Limitation.
SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module I: BASIC TERMINOLOGIES Res subjudice and res judicata are important
AND CONCEPTS concept mainly used as technical tools in
court practices. Learning of skill how to use
these pleas is an artistic approach for which
an expert’s views is needed. Critical Analysis
Skills, Research Skills, Problem-Solving
Skills

Module II: INITIAL STEPS IN A SUIT Jurisdiction of court is the power to hear and
determine the subject matter in the dispute
among the parties to a suit. It plays an
important role to pronounce the Judgement

328
and put it into execution. In order to
understand the technical issues, it is much
required to discuss the in court practical
aspects of the procedure.Critical Analysis
Skills, Legal Composition Skills, Problem-
Solving Skills

Module III: INTERIM POWERS AND The practical skills associated with the
APPEALS Module are the various ways of filing and
drafting an interim application before a civil
court and also the process of drafting an
appeal. Research Skills, Critical Analysis
Skills, Legal Composition Skills

Module IV: SPECIAL SUITS UNDER Research Skills, Critical Analysis Skills,
THE CIVIL PROCEDURE CODE Problem-Solving Skills

Module V: EXECUTION Research Skills, Critical Analysis Skills,


PROCEEDINGS Problem-Solving Skills, Legal Composition
Skills.

Module VI: Law of Limitation Critical Analysis Skills, Problem-Solving


Skills, Legal Composition Skills.

List of Resource Persons:


National
1. Dr. Manish Yadav, Assistant Professor, Maharashtra National Law University, Nagpur;
Mob. No. - 9993603025; email id - manishyadavlaw@nlunagpur.ac.in
2. Mr. Probal Mukherjee, Sr. Advocate, Calcutta High Court (Original & Appellate Side),
probalkm@hotmail.com
3. Ms. Debolina Sen, Advocate, Jharkhand High Court, debolina.senhirani@gmail.com,
4. Mr. Yubraj Parekh, Advocate, Cuttack High Court, yuvrajparekh@parekhassociates.com,

329
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3020: BUSINESS LAW –II
(Sem. 06/Paper-02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

This course is designed to provide students with a basic understanding of key aspects of the
law relating to company financial reporting, members' rights and remedies, financial
reporting, auditor's duties, corporate restructuring, insolvency and winding up. The course
aims to assist students to identify key issues in differing commercial scenarios. This will
encompass both theory and practical implementation of the main concepts covered. The
course also incorporates selected topics where students are required to provide a critical
analysis of the law.

LEARNING OBJECTIVES:

The learning objective of this course is to:

1. Identify the legal constraints faced by the business professional as well as the legal
options available to the business professional in responding to and resolving legal issues.
2. Recognize and analyze the laws that affect contemporary businesses, including the laws
relating to agency and employment, securities regulation, the organization of a business,
and the legal liability of accountants.
3. Describe the ways in which various effect governmental regulations affect contemporary
business practices.
4. Read, analyze and brief law cases.
5. Evaluate ethical problems that are integrally connected to the legal issues
6. Balance the concepts of ethics and the law with financial reality in implementing business
decisions.

TEACHING LEARNING METHODOLOGY:

Interactive lectures, discussions & class activities including group work & debates based on
case studies that support legal theories learned in class.

330
MODULE 1: DIRECTORS AND SHAREHOLDERS

Introduction to the Module


Introduction :The object of this module is to make the students understand powers & duties
of the Board of Directors and the way it is exercised along with the importance & need of
various sub committees of the BoDs for efficient functioning of the company. The module
also aims at making the learners analyse the social responsibility owed by the corporates in
their functioning while making them understand the various rights & remedies available to
the `investors & shareholders of the company for protecting their rights & interests.
1.1 Board - Power & Duties
1.2 Board Committees: Need & Role
1.3 Corporate Social Responsibility
1.4 Majority and Minority Rights: Protection against Oppression &
Mismanagement

Takeaways

After completion of this module, the learners will be able to-


1. Understand that the powers vested in the BODs by the Act can be exercised with
reasonable restrictions on them.
2. Analyse that the board functioning becomes more efficient with specialised sub
committees in place within it.
3. Understand the concept of CSR with mandates from the Act.
4. Understand the various shareholders & investors rights provided by the Act and
analyse different remedies available to them in case of its breach.

No. Of Hours: 12

MODULE 2: COMPANY AND ITS MEMBERSHIP


Introduction to the Module
Introduction This module aims at making the learners conversant with fundamental
principles and laws governing membership of company and strategies to become a member
of company.

2.1 Concept of Membership


2.2 Membership- modes of acquiring membership
2.3 Rights and Privileges of members
2.4 Termination of Membership
Course Takeaways

After completion of this module, the learners will be able to-


1. Derive an understanding of the membership of company and the implications
thereof

331
2. Comprehend the key issues and practices relating membership of company and
regulations thereof.
3. Articulate well-argued solutions to issues arising out of membership of company

No. Of Hours: 12

MODULE 3: ACCOUNTS AND AUDIT

Introduction to the Module


Introduction :This module aims at ensuring that students learn aspects of company internal
governance mechanisms, regulatory structure and the role of the related stakeholders such
as Board of Directors and auditors in ensuring transparency in financial matters for the
company
3.1 Books of account, Board Report, Circulation and Adoption of financial statements*
3.2 National Financial Reporting Authority
3.3 SFIO, NCLT & NCLAT
3.4 Audit
3.5 Auditors: Appointment, Qualification, Disqualification, Term, Resignation and
Removal, Rights and Duties of Directors

Course Takeaways

Student understanding about how


1. companies can design effective strategies to ensure financial reporting and
transparency are maintained and corporate frauds related to that are minimum.
2. regulatory authorities, courts and tribunals are empowered to address the rising
trend of financial fraud by companies.

No. Of Hours: 12

MODULE 4: COMPROMISE, ARRANGEMENT, RECONSTRUCTION AND


AMALGAMATION

Introduction to the Module


Introduction :The object of this module is to ensure students learn how companies diversify
and expand their business as part of corporate strategy and corporate restructuring.
4.1 Concepts – Compromise, Arrangement, Reconstruction, Amalgamation &
Acquisition
4.2 Sections 230-240 of the Companies Act, 2013 – Scope and extent
4.3 Merger& Demerger: Meaning & Types

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Course Takeaways

After completion of this module, the learners will be able to derive understanding about
how
1. Companies can expand their business and long-term profits through corporate
restructuring
2. Corporate lawyers play a role in value addition in this area

No. Of Hours: 12

MODULE 5: WINDING UP under COMPANIES ACT, 2013& INSOLVENCY AND


BANKRUPTCY, 2016

Introduction to the Module


Introduction :The object of this module is to comprehend the learners on how the important
concepts related to financial distress interrelate and in particular how business law
regulates participation of multiple different claimants / stakeholders during the event of
insolvency.

5.1 Concepts: Winding up, Dissolution, Insolvency & Bankruptcy


5.2 Corporate Financial Distress and Need of Insolvency & Bankruptcy Law
5.3 Resolution and liquidation process under IBC
5.4 Winding up under Companies Act 2013

Course Takeaways

After completion of this module, the learners will be able to derive


1. an understanding on important concepts related to state of financial distress of a
company.
2. acumens on working of revival measures and consequences of failure in revival of
companies
3. well-reasoned analysis and arguments related to issues which arises during the state
of financial distress.

No. Of Hours: 12

MODULE 6: INTRODUCTION TO COMPETITION LAW

Introduction to the Module

Introduction :The object of this module is to make the sstudents understand the impact of
competition on economy and how the law should respond towards such economic change,
working of substantive and procedural provisions of Competition Law in India and the role
of the Regulator which is very important in any market driven law along with the
consideration taken into account by the regulator and the limits of such consideration.

333
6.1 Anti-Competitive Agreements

6.2 Abuse of Dominance

6.3 Regulation of Combination

6.4 Power of Competition Commission of India

Course Takeaways

1. Students understand anti-competitive practices and its effects.


2. Students understand the the investment issues under the competition laws and also
the different modern dimensions of competition law.
3. Students understand the role of CCI towards free and fair competition

NO. OF HOURS: 12

CASE LAWS
1. Needle Industries Ltd. v. Needle Industry Newey (India) Holding Ltd.1981 SCR (3)
698
2. Siddharth Gupta v. The Delhi Golf Club Limited & Anr. [Del]I.A. No. 19355/2015 in
CS(OS) 2805/2015
3. Sree Ayyanar Spinning & weaving mills Limited v. Rajendran V.V.V. [1973
43CompCas 225 Mad
4. Lalita Rajyalakshmi v. Indian Motor Co. Ltd. (AIR 1962 Cal 127)
5. Anita Chadha v. ROC (1999 96 CompCas 265 Delhi
6. Council of Institute of Chartered Accountants of India v. B. Ram Goel (2002 111
CompCas 355 Delhi)
7. Trisure India Ltd. v. A.F. Ferguson [1987]61CompCas548(Bom)
8. Mukesh Maneklal Choksi v. Union of India (2020 SCC OnLine NCLAT 93)
9. Miheer H. Mafatlal v. Maftlal Industries (JT 1996 (8) 205)

10. Pioneer Urban Land and Infrastructure Limited Union of India, WRIT PETITION (CIVIL)
NO. 43 OF 2019
11. Swiss Ribbons v. Union of India WRIT PETITION (CIVIL) NO. 99 OF 2018
12. Sunil Bansal Jaypee Associates -COMPETITION COMMISSION OF INDIA Case
Nos. 72 of 2011; 16, 34 & 53 of 2012; and 45 of 2013
13. Mohit Manglani M/s Flipkart India Private Limited COMPETITION COMMISSION
OF INDIA Case No. 80 of 2014
14. B. P. Khare, Principal Chief Engineer, South Eastern Railway M/s Orissa Concrete
and Allied Industries Ltd. And Ors COMPETITION COMMISSION OF INDIA Ref.
Case No. 05 of 2011
15. Competition Commission of India Steel Authority of India & Anr (2010) 10 SCC 744
16. Madhusudan Gordhandas & Co. v. Madhu Woolen Industries Pvt. Ltd.1972 SCR (2)
201

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17. M. Mohan Babu v. Heritage Foods (P.) Ltd. 2002 108 CompCas 771 AP
18. Jindal Steel & Power Ltd. v. Steel Authority of India Ltd.Case No. 11 /2009

TEXT BOOKS
1. Taxmann’s, Master Guide to Companies Act 2013.
2. Gower & Davies, Principles of Modern Company Law, 8th edition, Sweet and
Maxwell, 2008.
3. Ramaiya, Guide to Companies Act, 17th edition Lexis Nexis Butterworths, Wadhwa,
Nagpur, 2010

ARTICLES

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)


1. Palmer, Palmer’s Company Law, Stevans, London.
2. Reiner Kraakman, et al; The Anatomy of Corporate Law, A Comparative and
Functional Approach, OUP, 3rd edition;
3. Company Law and Practice, A.K Kapoor, Taxmann Publications
4. Stephen Griffin, Company Law, Fundamental Principles, 4th edition, Pearson
Longman Publications
5. T. Ramappa, Competition Law in India: Policy, Issues, and Developments, Oxford
India Paperbacks
6. Vinod Dhall, Competition Law Today: Concepts, Issues and The Law in Practice,
(2007) Oxford University Press
7. Richard Whish, David Bailey, Competition Law, OXFORD UNIVERSITY PRESS
8. Business Law by Ewan MacIntyre, Pearson Education Ltd., Eighth Edition (2016)
9. Guide to Insolvency and Bankruptcy Code (7th Edition 2019) by V.S. Datey
(Taxmanns Publications)

335
SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module I:DIRECTORS AND  Administration of responsibilities


SHAREHOLDERS entrusted upon the board and board
committees
 Define corporate social responsibility
policies and identify CSR activities
mapped with organisational goals.
 How file a petition for oppression and
mismanagement

Module II: COMPANY AND ITS  Draft a share transfer agreement


MEMBERSHIP  Draft shareholder agreement
 Draft share-subscription agreement
 Decide on circumstances to terminate
membership
Module III: ACCOUNTS AND AUDIT  Preparation of board’s report
 Undertake audit of financial
statements and results
 Writing audit report

Module IV: COMPROMISE,  Drafting and documentation of


ARRANGEMENT, Scheme of Arrangement for M&A
RECONSTRUCTION AND Transaction
AMALGAMATION  Conducting due diligence, Drafting
and documentation of fast-track
merger
 Undertake regulatory compliances
between inbound and outbound
mergers
Module V: WINDING UP under  Drafting of petition for winding up by
COMPANIES ACT, 2013 & IBC, 2016 shareholders and creditors
 Undertake compliance requirements in
liquidation
 Conduct of resolution under IBC.
 Design a resolution plan
Module VI: INTRODUCTION TO  Drafting of Leniency petition to CCI
COMPETITION LAW  Drafting of application seeking
approval for combination including
green channel applications.

336
LIST OF RESOURCE PERSONS

1.Mr. Puneet Bansal, General Counsel, Pidilite,Contact: pbansal0@gmail.com

2. Bahram Vakil, Partner at AZB & Partners,Contact: bahram.n.vakil@azbpartners.com

3. Rajat Jariwal- Khaitan & Co LLP,Contact: rajat.jariwal@khaitanco.com

International:

1.Prof. (Dr.) Umakant Varrotil, National University of Singapore,Contact:


v.umakanth@nus.edu.sg

2.Prof. (Dr.) Vikramaditya Khanna, Michigan Law School,Contact: vskhanna@umich.edu

337
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3016: FAMILY LAW I
(Sem 06/Paper -03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:
The course structure has been designed mainly with the objective of providing adequate
sociological perspective in their social settings and to give an overview of some of the current
problems arising out of foundational inequities and inequalities writ in the various family law
concepts. To view family law not merely as a separate system of personal laws based upon
religions but as the one cutting across the religious lines and eventually enabling us to fulfil
the constitutional directives of uniform civil code. The course is designed with the prime
objective of familiarizing students with the family law of the Hindus, Muslims, Christians
and Parsis, that govern their personal law matters

2. Learning Objectives:

At the end of the course, the students will be able to:

i. acquire an understanding of the foundation and schools of Hindu Law, Muslim Law,
Christian Law and Parsi Law
ii. gather knowledge on laws relating to marriage and matrimonial remedies of various
religious communities
iii. acquire an understanding of laws on alimony and maintenance of different entities such
as wives husband, children and aged parents
iv. acquaint with the laws relating to guardianship of minor and their property
v. apply a systematic approach to the acquisition of knowledge, underpinning concepts and
principles
vi. Evaluate the appropriateness of different approaches to solving well defined problems
and communicate outcomes in a structured and clear manner

3. Teaching Learning Methodology:


The methodology adopted for the course would be the following:

 Lecture method
 Case Study
 Case Analysis
 Group discussions and Presentations
 Inviting specialized persons in this field for delivering lectures (Skill
components)

338
Module I: The Nature and Origin of Law

Introduction: This module aims to impart an understanding on the nature and origin of
personal laws and its application in different religious communities

1.1 Family law: the constitutionality of personal laws


1.2 Dharma and positive law
1.3 Application of Hindu Muslim Christian and Parsi Law
1.4 Personal Laws in Present Day
1.5 Joint Family and coparenary

Course takeaway: The students will be able to the nature and origin of personal laws and
how it is applicable to different religious communities in India.

Number of hours: 10

Module II: Sources and Schools of Law

Introduction: The objectiveof the module is to disseminate knowledge on various sources


and schools of different religious communities.

2.1 Traditional Sources, Statute, Custom and Usage, Religious Texts and Interpretations
among various religious groups of people in India
2.2 Hindu Law - Srutis, Smritis, Dharmasutras, Judicials decisions, legislations and Customs
2.3 Mohamadan Law – Koran, Hadis, Ijma, and Qiyas
2.4 Christian and Parsi Law – Sources

Course takeaway: At the end of this module the student will be equipped with the in-depth
knowledge of various sources and schools of different religious communities.

Number of hours: 12

Module III: Laws on Marriage

Introduction: The objectiveof this module is to disseminate knowledge on laws relating to


marriage and the changes it has undergone with time in different religious communities.

3.1 Marriage as an Institution – Can Marriage be a religious part of civil life?


3.2 Various forms and requirements of valid marriage on a comparative analysis
3.3 Issues on Religious Marriage and Law under Special Marriage Act
3.4 Procedure of Marriage, Completion of Marriage, and Consummation of Marriage
3.5 Ceremonies – Hindu, Muslim, Christian & Parsi Community
3.6 Scope for Uniform Marriage Laws

339
Course takeaway: At the end of this module the student will be equipped with the in-depth
knowledge of different laws relating to marriage present in India and applicable to different
religious communities.

Number of hours: 13

Module IV: Matrimonial Remedies

Introduction: This course will make the students aware on laws relating to different
matrimonial remedies applicable to Hindus and Muslims in India.

4.1 Customary Dissolution of marriage-unilateral divorce, divorce by mutual consent, divorce


under Muslim personal Law-Talaq and Talaq-e-tafweez
4.2 Judicial resolution of matrimonial conflict: the Family Court.
4.3 Nullity of Marriage
4.4 Restitution of Conjugal Rights and Judicial Separation
4.5 Divorce and grounds thereof.

Course takeaway:It will help the students to understand various concepts related to
matrimonial remedies applicable to Hindus and Muslims under legislations and personal
laws.

Number of hours: 15

Module V: Alimony and Maintenance

Introduction: The object of this module is to make the students aware laws relating to
alimony and maintenance.

5.1 Maintenance of neglected wives, divorced wives, minor children and parents;
5.2 Alimony and maintenance as an independent remedy : A review under different personal
laws;
5.3 A critical analysis of Muslim Women (Protection of Rights on Divorce) 1986
5.4 Concept of dower in Muslim Law.
Course takeaway: It will help the students to understand the different laws reatingto alimony
and maintenance.

Number of hours: 10

Module VI: Laws on Minority & Guardianship

Introduction: This module will help students to learn about the laws relating to minority and
guardianship of different religious communities present in India.

6.1 Guardians under Hindu Minority and Guardianship Act 1956


6.2 Guardians and Wards Act 1890
6.3 Who can be appointed as Guardians? – Procedure of Application
6.4 Matters to be considered by Court for appointment of Guardians

340
Course takeaway:This module at the end will help students understand the various laws
relating to role and obligations of guardians under Guardians and Wards Act and Hindu Law.

Number of hours: 12

4. Case References:

1. Shastri Yagnapurushdasji v Muldas Brudardas Vaisya1966 AIR 1119


2. S. Anbalaganvs B. Devarajan 1984 AIR 411, 1984 SCR (1) 973
3. Peerumal v. Poonuswami AIR 1971 SC 2352
4. Arya Samaj Education Trust v The Director Of Education AIR 1976 Delhi 207
5. Veerappa v Michael 1963 AIR 933, 1963 SCR Supl. (2) 244
6. Revanasiddappa v Mallikarjun 2011 (11) SCC 1
7. Chanmuniya v Virendra Kumar Singh Kushwada 2011 (1) SC 141
8. Dastane v Dastane1975 AIR 1534, 1975 SCR (3) 967
9. Naveen Kohli v NeeluKohliAIR 2006 SC 1675 , (2006) 4 SCC 558, 2006 (3) SCALE
252 , JT 2006 (3) SC 491
10. Sanghamitra Ghosh v Kajal Kumar Ghosh 2007 (2) SCC 220
11. Pallavi Bhardwaj v Pratap Chauhar (2011) 15 SCC 531
12. Shayara Bano v Union of India (2017) 9 SCC 1
13. Rameshwari Devi v State of Bihar 2000(2) SCC 431
14. Mohd Ahmad Khan v Shah Bano Begum1985 AIR 945, 1985 SCR (3) 844
15. Noor Saba Khatoon v Mohd Quasim AIR 1997 SC 3280
16. Daniel Latiffi v Union of India (2001) 7 S.C.C. 740
17. Savitaben Somabhai Bhatiya v State of Gujarat & Ors 2005(2) SCC 503
18. Gita Hariharan v Reserve Bank of India AIR 1999, 2. SCC 228
19. Sheila B Das v P S Sugasree 2006 3 SCC 62
20. Lekha v P Anil Kumar (2006) 13 SCC 555
21. Gaurav Nagpal v Sumedha Nagpal AIR 2009 SC 557

books :
1. Dr. Paras Diwan – Family Law (10thEdn) Allahabad Law Agency
2. Poonam Pradhan Saxena - Family Law Lectures – Family Law I (English) 3rd Edition
(Paperback) (Lexis Nexis)
3. H K Saharay - Family Law in India (Eastern Law House)

Articles :
1. Asha Bajpai, Custody And Guardianship Of Children In India, Family Law Quarterly, Vol.
39, No. 2, Symposium On Comparative Custody Law (Summer 2005), pp. 441-457
2. Archana Parashar, Gender Inequality and Religious Personal Laws in India, The Brown
Journal of World Affairs Vol. 14, No. 2 (SPRING/SUMMER 2008), pp. 103-112
3. Tanja Herklotz, Shayara Bano versus Union of India and Others. The Indian Supreme
Court's Ban of Triple Talaq and the Debate around Muslim Personal Law and Gender
Justice, Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin

341
America Vol. 50, No. 3, Special Issue: Self-Determination and Indigenousness (2017), pp.
300-311

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND


COMMENTARIES)
1. Family Law Vol. I – Family Law, Customs & Constitutional Claims
(English)(Paperback) by Flavia Agnes (Oxford University Press)
2. Family Law Vol. II – Marriage, Divorce & Matrimonial Litigation
(English)(Paperback) by Flavia Agnes (Oxford University Press)
3. Christian Law in India: Revision of Law of Matrimonial Causes. - 2010. Rao
4. Cases and Materials on Family Law – Kusum (Universal Law Pub)
5. Modern Hindu Law – U.P.D. Kesari
6. Mohammadan Law – Dr. Nazmi
7. Mulla - Hindu Law (Updated 21st Ed. 2013) HB (English) 21st Edition by Mulla
DF (Lexis Nexis)
8. Mayne’s Hindu Law & Usage – Alladi Kuppuswami
9. Mayne’s Treatise on Hindu Law & Usage (English) 17th Edition by Ranganath
Mishra &Vijendra Kumar (Bharat Law House Pvt. Ltd.)
10. Hindu Law: Family Law – I – 2014 Myneni, S R
11. Muslim Law: Family Law – II – 2014 Myneni, S R
12. Mayne’s Hindu Law & Usage – Alladi Kuppuswami
13. Hindu Law: Principles and Precedents – 1939 N.R. Raghavachariar 2nd Edition,
The Indian Law House Madras.

SKILL COMPONENTS

ModuleS Skill Components


Module 3: Laws on Marriage
Introducing Marriage contract under
Special Marriage Act.

Drafting of Divorce Petition under


Module 4: Matrimonial Remedies different grounds, Drafting of petition of
Restitution of Conjugal Rights and
Judicial Separation.

Module 5: Alimony and Maintenance Drafting of maintenance petition under


Sec 125 Crpc and Hindu laws.

Module 6: Laws on Minority and Drafting of petition of guardianship


Guardianship under Guardians ad Wards Act.

342
Resource Persons

1. National
i. Prof. Vijender Kumar, Vice-Chancellor of Maharashtra National Law University,
Nagpur
ii. Prof. Vurrakula Keshava Rao, Vice-Chancellor of National University of Study and
Research in Law, Ranchi.
iii. Prof. Lalit Kumar Deb, Dean, Birla School of Law
iv. Prof. Poonam Pradhan Saxena, Vice Chancellor, National Law University, Jodhpur
v. Prof. Salim Akhtar, Director, Asian Law College.
vi. Prof. Gangotri Chakraborty, Head of Department of Law, University of North Bengal

2.International

i. Lucinda Ferguson, Associate Professor of Family law, Oriel college, University of Oxford

ii. Elizabeth Scott Harold R. Medina Professor of Law Vice Dean for Curriculum

Columbia Law School

iii. Professor Leong Wai Kum, National University of Singapore

iv. Malathi DAS, Adjunct Professor, National University of Singapore

343
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3018: LAW OF EVIDENCE
(Sem. 06/Paper-04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: The paper deals to introduce and impart the understanding of
the Principles of Law Of Evidence. Understanding the subject shall allow the students to
objectively access the fact of the case at hands and supplements the pleadings before the
court of law more particularly in the trial court..

LEARNING OBJECTIVE : This course assembles the Principles and Practices of the Law
Of Evidence. The objectives of the present course is to
1.To impart the basic principles of Law of Evidence
2.To make understand the evidentiary principles so as to weigh the facts of the
case at hand;
3.To help students with sharpening analytical and critical ability to approach
substantive and procedural laws in the court of law, more particularly in trial court;

TEACHING LEARNING METHODOLOGY:

The teaching methodology that shall be adopted in this paper is primarily case-study methods
supplemented with journal articles. However, wherever required the teaching shall also use
lecture method and Socratic methods for imparting the concepts.

Module-I: Introduction to Law of Evidence:


Introduction:
1. History of Law of Evidence in India.
2. Extent and Applicability of Indian Law of Evidence
3. Nature of Law of Evidence
4. Definitions – Court, Fact, Fact in Issue, Relevant Facts, Document, Proved,
Disproved & Not Proved, May Presume, Shall Presume, Conclusive Proof.
5. Meaning of Evidence, Kinds of Evidence

Course Takeaway: The first module shall introduce the students the fundamental and
cardinal principles of Law of Evidence. the essential terms which are necessary for the
conceptual understanding of this law. By the end of the module the student would have an
understanding of elementary principles of law of evidence as laid down in Indian
Evidence Act, 1872

344
Number of Hours : 10 hrs

Module – II: Relevancy of Facts


Introduction:
1. Res Gestae
2. Facts which are Occasion, Cause & Effect
3. Motive, Preparation & Conduct
4. Explanatory or Introductory facts & Test Identification Parade
5. Evidence to Prove Conspiracy
6. Inconsistent Facts (Plea of Alibi)
7. Facts showing State of Mind and Body

Course Takeaway: This module consists of important principle of relevancy which are
often used in the court of law. Learning the Principle of relevancy shall help the student
to discern as to what facts are required in the court of law and what are not. The students
can also know how far their logic of relevancy is different or similar to the principle of
relevancy under the Act. This module shall help the students to apply various sections of
the Chapter of Relevancy in a Case- Brief as an Advocate in the Court of Law.

Number of Hours : 15 hrs

Module – III: Admissions & Confessions


Introduction:
1. Definition of Admission, Forms of Admission
2. Persons whose Admissions are Relevant & Against Whom Admission may be
Proved, Evidentiary Value of Admissions
3. Definition & Evidentiary Value of Confession
4. Extra Judicial Confession, Confession caused by Threat, Confession to Police&
Confession of Co-accused,
5. Evidence by Accomplice

Course Takeaway: This module consists of additional principle of relevancy which are
often used in the court of law. Learning the these additional Principle of relevancy shall
help the student to discern as to what facts are required in the court of law and what are
not. The students can also know how far their logic of relevancy is different or similar to
the principle of relevancy under the Act. This module shall help the students to apply
various sections of the Chapter of Relevancy in a Case- Brief as an Advocate in the Court
of Law.

Number of Hours : 15 hrs

345
Module IV: Dying Declaration, Relevancy of Judgments and Character
Introduction:

1. Dying declarations - [The justification for relevance of dying declaration under


Section 32 (1)].; The judicial standards for appreciation of evidentiary value of dying
declarations
2. Admissibility of judgments in civil and criminal matters (Section 43); “Fraud” and
“Collusion” (Section44)
3. Character when relevant; In Civil & Criminal Cases

Module – V: Method of proof of facts


Introduction:
1. Presumptions - (Kinds of Presumptions), Presumption as to Dowry Death,
Presumption as to Legitimacy.
2. Expert opinion (Forensic Evidence: - DNA Test, Narco-analysis. Brain-Mapping
and BEOS Test)
3. Oral and documentary evidence (Primary and Secondary Evidence)
4. Rules relating to Burden of proof
5. Estoppel, Promissory Estoppel
6. Privileged Communications

Module VI: Competency &Examination of Witnesses


Introduction:

1. Examination of Witness, Cross Examination, Re- Examination


2. Questions During Examination
3. Hostile Witness, Child Witness, Dumb Witness
4. Refreshing Memory
5. Power of Courts

Case References:
1. State (NCT of Delhi) v. Navjot Sandhu [(2005) 11 SCC 600]. - Admission
2. Pakala Narayan Swami v. Emperor, AIR 1939 PC 47 - Confession
3. Palvinder Kaur v. State of Punjab, AIR 1952 SC 354 - Confession
4. Pulukuri Kottaya v. Emperor, AIR 1947 PC 67 - Section 27
5. Mohd. Inayatullah v. State of Maharashtra, AIR 1976 SC 483 - Section 27.
6. Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119 - Section 25.
7. Queen Empress v. Abdullah, (1885) ILR 7 All 385 - Dying Declaration
8. Khushal Rao v. State of Bombay, AIR 1958 SC 22 - Dying Declaration
9. P.V. Radhakrishna v. State of Karnataka, AIR 2003 SC 2859 - Principle of Dying
Declaration
10. State of Karnataka v. Shariff, AIR 2003 SC 1074 - Dying Declaration to Police
11. Ram Narain v. State of U.P. AIR 1973 SC 2200 - Section 45

346
12. Selvi v. State of Karnataka, (2010) 7 SCC 263 - Narco- Analysis
13. Rohit Shekhar v. N.D. Tiwari and Anr.(2012) 12 SCC 554 - DNA Test
14. Goutam Kundu v. State of W.B. AIR 1993 SC 2295 - Section 112.
15. R.S. Madnappa v. Chandramma, AIR 1965 SC 1812 - Estoppel
16. M.C. Verghese v. T.J. Ponnan, AIR 1970 SC 1876 - Section 122
17. State of U.P. v. Raj Narain, AIR 1975 SC 865 - Section 123
18. State of Maharashtra v. Dr. Praful B. Desai, [(2003)4 SCC 601] - Video
Conferencing
19. State of U.P. v. Ravindra Prakash Mittal, AIR 1992 SC 2045 - Circumstantial
Evidence
20. Ram Bihari Yadav v. State of Bihar, AIR 1998 SC 1850 - Relevancy and Admissibility
21. Ratten v. Queen, (1971) 3 WLR 930. - Section 6
22. Sukhar v. State of U.P. [(1999) 9 SCC 507] - Section 6
23. Abdul Waheed Khan v. State of A.P. [(2002) 7 SCC 175] - Section 9
24. Jayantibhai Bhenkarbhai v. State of Gujarat, [(2002) 8 SCC 165] - Section 11.
25. Mirza Akbar v. Emperor, AIR 1940 PC 176 - Section 10.
26. Wakil Singh v. State of West Bengal, [(2002) 7 SCC 334] - Number of Witnesses
27. Union of India v. T.R. Verma, AIR 1957 SC 882. - Cross - Examinations.
28. R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157 - Tape- Recorded Evidence
29. Zahira Habibullah Sheikh & Anr vs State Of Gujarat, AIR 2006 SC 1367 - Hostile
Witness
30. Ram Prasad v. State of Maharashtra, AIR 1999 SC 1969 - Section 157.
31. Tahsildar Singh v. State of U.P. AIR 1959 SC 1012 - Section 145.

Books:

4. Lal, Batuk; Evidence


5. Jethmalani, Ram and D.S Chopra; Law of Evidence, 2013
6. Singh, Avtar; the Law of Evidence, 2009

ARTICLES:

347
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1.Wigmore, John Henery ;Evidence In Trials At Common Law. -- 2008. (347.06 WIG).
2. Cecil,Henry ; According To The Evidence. -- 2003.
3. R,Dinakar; Basic Materials On The Law Of Evidence. -- 2011.
4. Sarda,Mukund. ; Chopra,D.S., Cases & Materials On Evidence Law. -- 2012.
5. Field,C.D. ; Commentary On Law Of Evidence. -- 2011..
6. Jackson,John. ; Langer,M. ; Crime,Procedure & Evidence Iin a Comparative
International Context. -- 2008.
7. Goodwin, Robert J.; Gurule, Jimmy;Criminal and Forensic Evidence: Cases, Materials,
Problems -- 2009.
8. Carlson, Ronald L. et-al, Evidence Teaching Materials for an Age of Science and
Statutes -- 2007
9. Stin, Alex;Foundations Of Evidence Law. -- 2008. (Universal Publishing, 2010).
10. Spencer, J.R. ; Hearsay Evidence In Criminal Proceedings – 2008
11. Mondal,A.H. ; An Introduction to the Law Of Evidence. -- 2008.
12. Saharay,H.K.; Saharay,M.S ; Law Of Evidence. -- 2008.\
13. Rao, S. V Jago; Evidence : Cases and Materials, 2003
14. Green, Nesson and Murray, 1997 Evidence Supplement
15. D'Angelo, The Snooop Doggy Dogg Trial: A Look at How Computer Animation Will
Impact Litigation in the Next Century, 32 U. San Francisco L. Rev. 561 (1998)
SKILL MODULES:

Modules Skill Components


To discern Fact and distinguish it from Fact in
Module 1: Issue, Relevant Facts.
The skill to introduce May Presume, Shall
Presume.
The skill to discard what is not evidence.
To discern Res Gestae statement from FIR,
Module 2: 161 statement and other statements.
To discern Admission and Confession
Module 3: statement from FIR, 161 statement, deposition
of witnesses and other statements. Also the
skills to discern the discovery of facts from a
confessional statement.

Module 4: To understand the practical aspects of


Relevancy of judgement in civil and criminal
matter
Scientific opinion of expert should be looked
Module 5: upon with the help of various case studies

348
Module 6: Art of cross examination should be looked
upon from lawyers perspective

Resource Person :
1. Adv Bibhu Tripathy, Addl. Standing Counsel, High Court of Odisha, 9861023282
2. Adv Bhaskar Panda, High Court of Orissa, Mob: 7008180248

Email: bhaskarchandrapanda@yahoo.com
3. Kumar Askand Pandey, Associate Professor, RMLNLU, Lucknow; contact no.
9919493369;email id-ka_pandey@rmlnlu.ac.in

349
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3812: LAW RELATING TO COPYRIGHT (HONOURS PAPER-1)
(Sem 06/Paper -05)

Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description:

This course covers the basics of copyright law with particular attention to issues of
copyrightability and to create specific legal skills related to protection, infringement and
commercialization of the rights thereof. Italso aims to expose the students to such difficulties
and the practical issues associated thereto, especially in light of the digital technology and to
analyse the effectiveness of the 2012 Copyright Amendment Act to deal with the various
issues that are evolving in light of the digital technology and mass communication.

22. Learning Objectives:

i. This Course will enable the students to understand the conceptual basis of copyright
protection and the different works protected.

ii. The objectives of the course are to systematically analyze, synthesize, and apply policies
derived from critical-analytic reasoning over selected portions of the Copyright Act,
International Treaties and relevant case laws decided by National and Foreign Courts.

iii. This course will focus on analyzing the adequacy in protecting copyrighted works in the
digital medium .

iv. Further, it will expose the students to the various aspects of different rights granted under
copyright, the concept of moral rights and other related rights.

v. The students will also learn the practical aspects of transfer of copyright and collective
administration of rights.

vi. Further, it will provide an in-depth understanding on the concept of fair use/ dealing in
copyrighted works and the concept of infringement and remedies thereto.

23. Teaching Learning Methodology:

The methodology adopted for the course would be the following:


 Lecture method
 Case Study
 Case Analysis
 Group discussions and Presentations
 Inviting specialized persons in this field for delivering lectures (Skill
components)

350
Module 1

Introduction:This module aims to impart an understanding of the various International Legal


Instruments of Copyright.

Introduction to Copyright and International Legal Instruments Relating to


Copyright Protection
1.1. Concept of Copyright as a protection under the Intellectual Property
law regime
1.2. Berne Convention for the Protection of Literary and Artistic Works,
1886
1.3. Universal Copyright Convention, 1952
1.4. Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations, 1961: Neighbouring
Rights
1.5. Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS), 1994: Background, Enforcement and Impact
1.6. WIPO Copyright Treaty, 1996 and WIPO Performances and
Phonograms Treaty, 1996
Course takeaway:The students will be able to relate the International Treaties, understand
the development of Copyright protection and the need for a standardization of the protection
at the international level.

Number of hours: 15

Module 2

Introduction:This module will focus on applying theprinciples of Copyright law as well as


gaining an understanding of the factors that underlies the legal system.

2.1 Concept of Originality in U.S.A, U.K. and India


2.2. The Idea and Expression Dichotomy
2.3 Copyright in Original and Derivative Works
2.4 Moral Rights
2.5 Concept of Ownership, Authorship and Joint Authorship of Copyright
2.6 Assignment, License and Registration
Course takeaway: At the end of this module the student will be equipped with the in-depth
knowledge of the law relating to Copyright and different concepts in the world of Copyright
protection.

Number of hours:20

351
Module 3: Protection of Copyright in Cyberspace

Introduction:Considering the growing expansion of the digital Copyright works, the object
of the module is to make students aware of the concept of Copyright in cyberspace and how
they can be protected in cyberspace.

3.1 Concept, Acts and Uses in the Internet and their Copyright Implications
3.2 Right of Reproduction of work on the Internet
3.3 Liability of Internet Service Providers
3.4 Copyright in the Music Industry
3.5 Concept of Copyright Protection in U.S.A.-Digital Millennium Copyright
Act: Fair Use and Safe Harbor
Course takeaway: Students will have a better understanding of protection of work in
cyberspace and the responsibilities and liabilities of Internet Service Providers.

Number of hours: 15

Module 4 : Infringement and Defenses of Copyright Liability

Introduction:The object of this module is to help students understand the practical aspects of
Copyright protection in India.

4.1 Infringement under Indian Law and tests fordetermining Copyright


Infringement
4.2 Fair Dealing
4.3 Copyright law and Education: Concept of Copyright in Academics and
Research in India
Course takeaway:It will help to create specific legal skills related to protection,
infringement and commercialization of the rights thereof.
Number of hours: 15

Module 5: Remedies available in Copyright Infringement

Introduction:The object of this module is to help students understand the nuances of Judicial
proceedings in Copyright Infringement cases and remedies available to the owner.

5.1 Civil Remedies


5.2 Criminal Remedies
5.3 Administrative Remedies
Course takeaway: Students will get a understanding of the various types of remedies
available in a Copyright Infringement suit.

Number of hours:10

352
24. Case References:

1. Walter v Lane
2. Feist Publications, Inc. v. Rural Telephone Service
3. University of London Press v. University Tutorial Press
4. Eastern Book Company v. D.B. Modak
5. R.G. Anand v M.S. Deluxe Films
6. Najma Heptulla v Orient Longman Ltd.
7. Entertainment Network ltd. v Supercasette Industries Ltd.
8. V.T Thomas v. Malayala Manorama
9. Gee Pee Films Pvt Ltd. V Pratik Chaudhury and Ors.
10. Amarnath Sehgal v UOI
11. Manu Bhandari v Kala Vikas Pictures ltd.
12. Raj Rewal v UOI
13. Super Cassettes Industries Ltd. v. My Space Inc.
14. Authors Guild v Google
15. A.M. records v Napster
16. Indian Performing Right Society Ltd v/s. Eastern India Motion Picture Association
17. Supper Casette v Humar Television
18. Civic Chandran v Amini Amma
19. DU Photocopying Case

Text books :

1. Copinger and Skone James on Copyright, Vol. 1, Sweet & Maxwell, 2010
2. Melville B. Nimmer and David Nimmer, Nimmer on Copyright Law (LexisNexis, Indian
reprint 2010)
3. V K Ahuja, Law relating to Intellectual Property Rights (2nd ed. LexisNexis, New Delhi,
2013)
Articles:

1. Copyright infringement online: The case of the Digital Economy Act judicial review in the
United Kingdom, Robin Mansell, W Edward Steinmueller, January 13,
2013 (https://journals.sagepub.com/doi/abs/10.1177/1461444812470429)

2. Understanding Copyright Laws: Infringement, Protection and Exceptions

January 2016, Anjaneya Reddy N M and Lalitha Aswath


(https://www.researchgate.net/publication/301890434_Understanding_Copyright_Laws_Infr
ingement_Protection_and_Exceptions)

3. The impact of digital copyright law and policy on access to knowledge and learning,Tana
Pistorius and Odirachukwu S. Mwim(https://files.eric.ed.gov/fulltext/EJ1221248.pdf)

353
4. Moral Rights, Human Rights and Social Recognition, Peter Jones, October 8,
2012 (https://journals.sagepub.com/doi/abs/10.1111/j.1467-9248.2012.00988.x)

5. Copyright infringement online: The case of the Digital Economy Act judicial review in the
United Kingdom, Robin Mansell and W Edward Steinmueller, January 13,
2013(https://journals.sagepub.com/doi/abs/10.1177/1461444812470429)

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES


1. Iyengar’s, Commentary onthe Copyright Act (8th ed. Universal, Delhi, 2013)
2. Adeney, Elizabeth. The Moral Rights of Authors and Performers: An International
Comparative Analysis. London: Oxford University Press, 2006.
3. Alain Strowel, Peer to peer File Sharing and Secondary Liability in Copyright Law,
Edward Elgar, 2009
4. Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed., 2006
5. Lionel Bently, Brad Sherman, Intellectual Property Law, (3rded. OUP, 2009)
6. D’AgostinoGuiseppina, Copyright, Contracts, Creators: New Media, New Rules, Edward
Elgar, 2010
7. ElezabethAdeney, The Moral Rights of Authors and Performers: An International and
Comparative Analysis, OUP, 2006
8. Gervais, Collective management of Copyright and Related Rights, Kluwer, 2010
9. Lal’s Commentary on The Copyright Act, 1957(4thed. Delhi Law House, 2010)

SKILL COMPONENTS

Module Theory/Skill Component

Module 1: Introduction to Copyright


and International Legal Instruments Principles involved in Copyright
Relating toCopyright Protection Protection, Standards of protection,
Works protected, Nature of Copyright,
Rights of a Copyright Owner, Exception
to the exclusivity of the rights,
Enforcement of the Rights

Module 2: Subject-Matter of
Copyright and Rights Conferred Registration of a work under the
Copyright regime of India and drafting
of agreements to transfer Copyright and
Related rights.

Module 3: Protection of Copyright in


Cyberspace Drafting a Take down notice to be
issued to a Intermediary

Module 4:Infringement and Defenses To be able to have an assessment of

354
of Copyright Liability copyright infringement and to be able to
draft arguments on behalf of both the
parties

Module 5:Remedies available in Identifying the best possible remedies to


Copyright Infringement be sought by the owner in different
situations of Copyright Infringement.

Resource Persons

National

1. Ms. Pooja Lal, Attorney, Entertainment and Media Law

2.Ms. Vrinda Bagaria, Associate, Singh & Singh Law Firm

3.Ms. Amruta Kulkarni, Sr. Trademark and Copyright Associate, Brainiac IP Solutions

International

1.Guillaume Bensussan, Founder @AEGIP Consulting, Consultant in intellectual property


strategy at AEGIP Consulting, Former Lawyer with the Paris and New York Bars

2.Christian Palmieri, Vice President, Intellectual Property Counsel, Legal & Business Affairs
at A+E Networks

355
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3512: CRIMINOLOGY (HONOURS PAPER-1)
(Semester 06/Paper-06)
Credits: Total Class Hours: (including tutorials & proctors)

Course Description:

CRIMINOLOGY as a branch of social science provides an opportunity to make holistic


analysis of crime. It encompasses aspects of “the study of making of law, breaking of law and
reaction to breaking of law”. Taking off from the black-letter legal framework of offences – it
explores the commissions, omissions, the perpetrator and examines the various stakeholders
of the prohibited conduct vis-à-vis society. It ventures to scrutinise the wrong side of ‘law’
and researches the paradigms of criminal justice delivery and administration system.

Learning Objectives:
‘The nuances as to why certain human conducts are labelled as ‘crime’ and meted with penal
consequences by the State and the whole story of societal reaction to such prohibited
conduct’ - is the central theme. In this process of study, the students will learn -

1. To dissect the etiology of crime (fact situation), the labelling process and reasons for
such criminalization;
2. To theorise various physical, metaphysical; sociological, psychological underpinnings
of various criminal and deviant conduct;
3. To identify the various paradigms of criminal and deviant conduct and the
consequential societal reaction;
4. To understand and capture objectively, the role played by each of the stakeholder in
the the justice delivery and administration system;
5. To ideate and explore contemporary aspects of criminological thinking and research.

Teaching Learning Methodology:


To hone the maximum value assimilation of the subject, the teaching learning process
includes –
(1) ‘mixed hybrid of group discussion’,
(2) Case-Studies,
(3) Case-Law Analysis,
(4) Research Problem Formulation,
(5) Survey of Contemporary Research Material
(6) Lecture and Special Lectures with clinical data.

MODULE – 1: Criminology and Criminalization of Behaviour:

356
Introduction:The focus of the module is to conceptualize the scope and significance of the
subject ‘Criminology’ as an emerging social science.
1.1.Criminology as a scientific discipline.
1.2.Scope and objectives of criminology and Penology Theorizing deviance.
1.1. What is crime and criminalization?
1.2. Study of crime and criminal force; causative factors like means rea.
1.3. Intention.
1.4. Wrongful gain or loss.
1.5. Classification of crime.

Course Takeaway- The student will understand the essentials of criminological methods of
thinking. The student will be able to analyse the criminalistics as supportive study to criminal
law postulations.
No. of Hours- 10

MODULE – 2:Criminal Law and Criminal Justice Administration System: Criminal


Introduction:Law being an act of public wring, the State takes charge of justice
administration. It is all about black-letter law, structured and codified system of functions.
The role play of each of the functionary is vital to the understanding to the control measures.

2.1. Criminal Law and Structure and Role of the Stake holders of Criminal
Justice System
(i) Police.
(ii) Prosecution.
(iii) Courts.
(iv) Correctional system.
2.2. Interrelationship between the different stakeholders.

Course Takeaway- The student will be able to critically examine the role play and societal
reaction to such crime control system.
No. of Hours- 10
MODULE – 3:Individualistic Approach of Crime Causation:
Introduction: Human behaviour and voluntary conduct inherently calls for individualised
justice. Established doctrines theoretically evolved over a period of time will be discussed.
3.1.Free will proposition of Beccaria and Criminal as a Hedonist by Bentham.
(i) Classical and Neo-classical theories
3.2.Physical trait- Darwinian leap:
(i) Physical & structural relation
(ii) Lombrosian analysis
(iii)Bio-chemical process in crime causation
3.3.Psychological trait:
(i) Id Ego conflict,
(ii) Psychosis and psychological immaturity,
(iii)Super-Ego or Inflated Ego,

357
(iv) Defence mechanism,
(v) Personality,
(vi) Intelligence and crime.

Course Takeaway- The student will be able to reflect on causative factors and identify the
individual dimension of attributive labels of crime and deviance.
No. of Hours- 20

MODULE – 4 : Sociological understanding in crime and New Criminology:


Introduction:Crime is a social reality. “Every society deserves the criminal it has”.
Sociologists initiated the theorising the criminal behaviour fall outs and marginalization.
Criminologists advanced various approaches to crime- cause and reactions of the society.

4.1. Consensus and Conflict models in sociological approach of Durkheim


Sutherland’s Differential Association,
4.2. the dominant social section/group,
4.3. Power of criminalization in various forms of state power,
4.4. Merton’s strain theory.
4.5. Radical and Critical Criminology.
4.6. Feminist Criminology.
Course Takeaway- The student will be able to undertake scientific analysis, and study the
criminological dimensions of criminal law issues.
No. of Hours- 20
MODULE – 5 : Unconventional Crimes and Laws
Introduction: Going beyond the traditional crime structure, the organised and corporate
crimes are the new paradigm of societal challenge.
5.1.Corporate Crimes
5.2.Money Laundering
5.3.Human Trafficking
5.4.Technology and crime
5.5.Terrorism
5.6.Environment Crimes
Course Takeaway- The students will be able to ideate and theorize the changing scenario of
big bizarre crime and get provoked to initiate research.
No. of Hours- 10

CASE REFERENCES:
1. Lalita Kumari Govt.Of U.P.& Ors on 12 November, 2013
2. Delhi Domestic Working Women'S Forum v. Union Of India And Others (1995) 1
SCC 14
3. D.K. Basu v. State of West Bengal (AIR 1997 SC 610)
4. State of Gujarat v. Kishanbhai, (2014) 5 SCC 108
5. Bishnu Deo Shaw v. State Of West Bengal (1979) 3 SCC 714

358
6. Sunder Alias Sundararajan v. State By Inspector Of Police (2013) 3 SCC 215
7. Govindaswamy v. State of Kerala, 2016 SCC OnLine SC 939 decided on 15.09.2016

Books:
1. Principles of Criminology, Edwin H Sutherland et al, 2020
2. Criminology, Stephen Jones, Seventh Edition, OUP, 2021
3. Oxford Textbook of Criminology, Steve Case et al, Second Edition, 2021
4. Ahmed Siddique’s Criminology, SMA Quadri, Seventh Edition 2016

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Beccaria, C. ([1764] 1963) On Crimes and Punishments. Indianapolis: Bobbs-


Merrill.
2. Bentham, J. (1791) Collected Works of Jeremy Bentham. London: J. Bowring.
Clarke, R.V.G. and Cornish, D.B. (1986) the Reasoning Criminal: Rational Choice
Perspectives on Offending. New York: Springer Verlag.
3. Roshier, B. (1989) Controlling Crime: The Classical Perspective in Criminology,
Milton Keynes: Open University Press.
4. Lilly, R., Cullen, F., and Ball, R., Chapter 5 (‘The irony of state intervention:
labelling theory’) in Criminological Theory: Context and Consequences (2002)
London: Sage.
5. Gennaro F. Vito, Jeffrey R. Maahs, Ronald M. Holmes in Criminology: Theory,
Research, and Policy
6. Sheldon, W.H. (1942) the Varieties of Temperament. New York: Harper.
Ciba Foundation Symposium 194 (1996) Genetics of Criminal and Antisocial
Behaviour. Chichester: Wiley.
7. Gottfredson, M. and Hirschi, T. (1990) A General Theory of Crime. Stanford CA:
Stanford University Press.

Module Skill Component

Module 1: Criminology and Inductive and Deductive reasoning


Criminalization of Behaviour

Module 2: Criminal Law and Criminal Analytical


Justice Administration System

Module 3: Individualistic Approach of Coordination with group and presentation

359
Crime Causation

Module 4:Sociological understanding in Research


crime and New Criminology

Module 5:Unconventional Crimes and Case Analysis & Research


Laws

Resource Persons

National

i. Prof Arvind Tiwari, Professor ,TISS Mumbai campus,Email: tiwari_a@tiss.edu


ii. Prof. Bula Bhadra professor, dept. of sociology at Calcutta university
Kolkata, West Bengal, India,Email- bula_bhadra@yahoo.co.in

iii.Prof. Dipa Dube. Professor Rajiv Gandhi School of Intellectual Property Law,Email:
dipadube@rgsoipl.iitkgp.ac.in

International

i. Prof. Lieven Pauwels, Professor of Criminology,Ghent University- Faculty of Law and


Criminology,Department of Criminology, Criminal Law and Social Law, Director -
Institute for International Research on Criminal Policy (IRCP), Campus Aula,
Universiteitstraat 4, B-9000 Ghent, Belgium, Email: Lieven.Pauwels@ugent.be

ii. Bernd-Dieter Meier, Director of the Criminal Justice Institute, University of


Hannover, Germany, chair for criminal law, criminal procedure law and criminology,
Email: meier@jura.uni-hannover.de

iii. Prof. Dr. Majone Steketee


Scientific director, Verwey-Jonker Instituut, The Randstad, Netherlands
Email- msteketee@verwey-jonker.nl

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6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3412: CORPORATE GOVERNANCE (HONOURS PAPER-1)
(Sem. 06/Paper-07)
Credits: : 4 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION
To introduce the understanding of when and where the necessity of corporate governance is
arising and how it can improve the performance of a company. It is necessary to provide the
students with a concise study and a serious economic and legal research not only to scale up
the corporate system and management, in the interest of various stakeholders, but also for
legal reforms. The course also intends to offer them with requisite skill-oriented education
necessary for dealing with related matters.

LEARNING OBJECTIVES:

1. At the end of the Subject, the students will be imparted with the insight of functioning of
a company from within, enriching themselves with the value systems to be imbibed in
corporate decision making.

2. At the end of the Subject, the students will develop an understanding of the functioning
and responsibilities of Board of Directors and how their policies shape corporate failures and
successes.

3. The students will develop an overall understanding of the nexus between Companies
Act, SEBI Regulations and relevant legal framework and how they can add value in
various roles as in house lawyers, consultants etc.

4. At the end of the semester the students would be introduced with the Case studies and
case laws and specimen drafting for analyzing agreements and contracts.

5. At the end of the subject the students would also learn about the industry skills such as
negotiation, communication, agreement drafting and research to help add value for
companies.

6. The students would also learn about the potential research areas to develop their niche
within the specialization of corporate governance.

TEACHING LEARNING METHODOLOGY:

This course will be taught by a combination of:

 Case study; project assignments; analysis of leading case studies, discussion and case
presentations, lectures, quiz and group discussion

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Module – I: Introduction To Corporate Governance

Introduction: This module shall deal with meaning of corporate governance and the
importance of the theories for companies along with sharing nexus with general corporate
law. This nexus will only be strengthened when corporate governance models will be taught
with the above

1.1 Idea of Corporate Governance: Linkages with company law and corporate law
1.2 Theories and stakeholders of Corporate Governance
1.3 Understanding Corporate Management and tools of corporate governance
1.4 Ownership regimes and models of corporate governance
1.5 Corporate Governance Model in India and reforms in standardization and legal
framework

Course Takeaway: To offer the students a background and an understanding & appreciation
as to when and where the necessity of corporate governance is arising and how it can
improve the performance of a company
Number Of Hours:10 hrs

Module – II: Board Structure And Corporate Governance

Introduction:This module shall deal with analyzing how board structure is the effective
basis for corporate functioning and governance through a combination of internal
mechanisms and legal strategies in analyzing board strategies

2.1 Board as an institution of governance.


2.2 Types of board structure – Unitary board system and the two-tier board system.
2.3 Corporate board system and functioning in India
2.4 Board diversities and legal strategies
2.5 Specialized task of board of directors: Board evaluation, Executive Compensation,
Succession planning, Risk management

Course Takeaway:To ensure students learn about how the highest decision making authority
in the company apply legal and business strategies for smooth conduct of business and
perform their functions

Number Of Hours : 10hrs

Module – III: Board Obligations, Independence And Corporate Governance


Introduction:This module shall deal with basic obligations of Board of Directors and how
independent directors navigate different corporate governance issues and what practical
problems can they face from a comparative perspective in three jurisdictions
3.1 Director duties: governing principles, fiduciary duty and business judgment rule

3.2 Related party transactions and legal strategies

3.3 Benchmark standards of board responsibilities

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3.4 Theoretical foundation and evolution of Independent Director

3.5 Role of independent directors and a comparative analysis of India, US and UK

Course Takeaway: How Board of Directors constitutes the backbone for effective corporate
governance.

Number Of Hours :15 hrs

Module – IV: Stakeholders Governance Structure

Introduction:This module shall deal with corporate governance and relation between
different stakeholders and how can companies manage to take care of stakeholder interests
and build credibility. Also, students shall learn about kinds of stakeholders and their role in
corporate governance

4.1 Corporate Governance and stakeholders: Shareholders, employees, creditors, public,


customers, government
4.2 Agency problem and The market for corporate control
4.3 Shareholder democracy and proxy advisors
4.4 Institutional investors and activism and Responsible investors
4.5 Corporate Governance through Corporate Social Responsibility (CSR)

Course Takeaway: Student understanding about how managing stakeholder relationships


and perception is crucial for business success at a macro level. Understanding what kind of
strategies may be followed by companies to manage stakeholders relationships successfully.

Number Of Hours : 15hrs

Module – V: Corporate Governance In Innovation Economy

Introduction:This module shall deal with how technological progress and startups are
integrating with corporate governance and how young corporate lawyers can add value by
resorting to old and new methods to sustain corporate governance.

5.1 Technology law conundrum and corporate governance

5.2 How startups and technological practices have impacted corporate governance

5.3 Fourth Industrial Revolution and Corporate Governance: lessons for India

5.4 Tools of corporate governance

5.5 How corporate lawyers can impart value addition

Course Takeaway: Student understanding about recent trends such as technology and
corporate governance can be integrated and where can budding corporate lawyers make a
niche for themselves in this emerging area

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Number Of Hours :10 hrs

CASE REFERENCES:
1. Good practices on corporate governance: HDFC Bank Ltd (2018-19)
2. Good practices on corporate governance: Wipro Ltd (2018-19)
3. Interglobe Aviation Ltd case study (2019)
4. Tata Independent Directors Case Study (2016)
5. Rajeev Saumitra v Neetu Singh & Ors (2015 Delhi High Court)
6. Sahara Case study (2012 Supreme Court)
7. Essar Steel and Insolvency and Bankruptcy Code (2019-20)
8. NBFC Crisis (2019): IL&FS
9. Thomas Cook case study (2019)
10. Wework Case study (2019)

BOOKS
1. C. L. Bansal, Corporate Governance – Law Practice & Procedures with Case
Studies, Taxmann Publications, 2005
2. Douglas M. Branson, The SAGE Handbook of Corporate Governance

3. Indrajit Dube, Corporate Governance, Lexis Nexis Butterworths Wadhwa, 2009.


ARTICLES :

1. Melvin. A. Eisenberg, The Duty of Good Faith in Corporate Law, Delaware Journal of
Corporate Law (2006)
2. David Block and Anne Marrie Gerstner, One Tier v Two Tier Board Structure: A
comparison between the United States and Germany, Comparative Corporate
Governance and Financial Regulation (2016)

3. John Armour, Henry Hansmann and Reiner Kraakman, Agency Problems, Legal
Strategies and Enforcement, Harvard Law School Discussion Paper (2009)

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES

1. Alan Dignam and Michael Galanis, The Globalization of Corporate Governance,


Ashgate, 2009
2.Gower and Davies, Principles of Modern Company Law, 8th edition, Sweet and
Maxwell, 2008
3.Stephen M. Bainbridge, The New Corporate Governance in Theory and Practice,
Oxford University Press, 2008
4.Arad Reisberg, Derivative Actions and Corporate Governance, Oxford University
Press, 2007.
5.Cornelis A. De Kluyver, A Primer on Corporate Governance Business Expert Press,
2012

6.Sven-Erik Sjöstrand, Rethinking Corporate Governance: The Forming of Operative


and Financial Strategies in Global Corporations, Edward Elgar Publishing

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SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1: Introduction To Corporate


Governance Identifying applicability and effective usage
of various tools of corporate governance to
business stakeholders and practices

Module 2: Board Structure And


Corporate Governance What kind of policies are set by the Board of
Directors through committees; Best practices
in Board Meetings; How Board Calendars
play an important role for Board Meetings

Module 3: Board Obligations,


Independence And Corporate How can corporate lawyers add value by
Governance liasoning between company in house
requirements and legal compliances and by
being part of policy making process

Module 4: Stakeholders Governance What tools of corporate governance can be


Structure devised by corporate lawyers to address
stakeholder concerns

Module 5: Corporate Governance In How can budding corporate lawyers utilize


Innovation Economy knowledge of emerging technologies to
advance the cause of corporate governance in
diverse roles, for instance, company policy
creation, regulatory liason, etc

Resource Persons

National

i. Mr. Puneet Bansal, General Cunsel, Pidilite, E-Mail: pbansal10@gmail.com


ii. Mr. Karan Shah, Legal Counsel, Accutest, Research Laboratories(I) Pvt. Ltd., E-Mail:
shahkarana@gmail.com

365
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3712: International Organization (HONOURS PAPER-1)
(Sem. 06/Paper-08)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: This course focuses on the issue of global governance and the
role of international organization system (both inter- governmental organizations and
nongovernmental organizations). The goal is to give students a better understanding of the
breadth and substance of international organizations that exists in the international system,
and provide students with the tools to analyze the multitude of roles these organizations play
in international politics, policy making and implementation. In addition, relationships
between states and international organizations will be explored in-depth. Part of the course
will be devoted to comparative case studies of selected organizations, and will examine
similarities and difference between their creation, mandates and how they operate. Case
studies of international organizations will include the United Nations, the World Bank, the
International Labor organization (ILO), the World Trade Organization (WTO), the European
Indian (EU), the African Union (AU) etc.

LEARNING OBJECTIVES:

1. Delineate the historical antecedents and trends in the growth of international


organizations,
2. Identify the various types of international and transnational organization and discuss
the important characteristics of each,
3. Discuss the various theories and concepts used to study international organizations,
4. Describe the structure and activities of the principal organs and specialized agencies
of the UN system
5. Elaborate upon the various Regional Organizations and their functioning.
6. Deliberate upon various case studies related to role of International Organizations

TEACHING LEARNING METHODOLOGY:

Teaching will be by lecture method supplemented by class room discussions, case study and
problem solving method. In addition to that, in order to explain different concepts several
other pedagogical strategies shall be adopted for example movie review, documentary review
and news reading etc.

Module-1: Introduction to International Organizations

Introduction: This module seeks to impart historical development and basic understanding
of international organizations.

1.1 History of International Organization.


1.2 Nature of IOs
1.3 Legal Personality of IOs

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1.4 IO and the Law of Treaties
1.5 Membership of IOs
1.6 Privileges and Immunities of IOs

COURSE TAKEAWAY:

At the end of the module the students shall be able to understand the nature, necessity,
development and scope of international organizations alongwith various characteristics of
International Organization.

NUMBER OF HOURS- 14 hrs

Module – 2: Peace, Security, Human Rights and United Nations

LW 3712: International Organization (Sem. 06/Paper-08)

Introduction: This module seeks to enable the students to understand the two important
international organizations namely League of Nations and its successor the United Nations.

2.1 League of nations and its failure


2.2 Genesis of United Nations.
2.3 Structure of United Nations
2.4 United Nations Peace Keeping Operations
2.5 Role of Security Council in Maintaining Peace and Security
2.6 Is there any need to re-structure the Security Council?

COURSE TAKEAWAY: The student should be able to understand the League of Nations
and its role in maintaining international peace. Students will also analyze critically the reason
for the formation of Unite Nations alongwith its role in maintaining international peace and
security with the help of various case studies.

NUMBER OF HOURS- 14 hrs

Module – 3: United Nations, Different Institutions and Socio-Economic Intervention


Introduction: This module aims to enable the students understand different institutions
working under the United Nations and also other institutions working for socio-economic
purposes.
3.1 UN and economic welfare
3.2 UN and Social Progress – UNDP, WHO, UNICEF, ILO, UNESCO
3.3 Assessment of role UN
3.4 Role and functions of IMF, WTO, NAFTA & BIMSTEC

COURSE TAKEAWAY:The students shall be able to critically analyze the working of


different specialized agencies of the United Nations and their contribution in the socio-
economic sphere across the globe.

NUMBER OF HOURS- 14 hrs

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Module – 4: Regional Organizations
Introduction: This Module will discuss the mechanism of regional organizations and their
efforts in maintaining international peace and security.

4.1 Regional Organizations under UN charter

4.2 Regional and Sub Regional Organizations- African Union (AU), European Union
(EU), the Arab League (AL), South Asian Association for Regional Cooperation (SAARC)
etc

4.3 Regional Economic Organizations- Arab Maghreb Union

4.4 Regional Military Organizations - NATO

COURSE TAKEAWAY:At the end of the course the students shall be able to understand
the issues concerning the working of regional organizations and their space within the United
Nations Charter. The students shall also understand various regional organizations working in
different parts of the world and also working for different purposes.

NUMBER OF HOURS- 16 hrs

Module 5: International Organizations and Resource Management


Introduction: This module deals with the role of international organizations in combating
climate change, environmental protection and regulation the ocean.
5.1 Protection of the environment- Role of UNEP & WMO

5.2 Climate change and UN

5.3 Regulation of Ocean Space

COURSE TAKEAWAY:At the end of this module the students will able to get a fair idea
about the various organizations and the instruments with help in protection of environment
and the life under water.

NUMBER OF HOURS : 14 hrs

(CASE REFERENCES & CASE STUDY)

1. Union Royal Belge des Societies de Football Association ASBL & ors v Jean Marc
Bosman & ors (1995) ECR I – 4921
2. International Military Operations (German participation) case, (1994) 106 ILR 319
3. Broadbent v OAS(1980) 628 Fed. Reptr. 2d 27
4. Mendaro v World Bank(1983) 99 ILR 92
5. Gomez v Continental Industrias del Caucho SA, ECJ C-342/01 (2004)
6. Territorial and maritime dispute (Nicaragua v Colombia) ICJ 2012

368
7. Maritime delimitation in the Black Sea (Romania v Ukraine) ICJ 2009
8. Oil Platforms (Islamic Republic of Iran v USA) ICJ 2003
9. NATO – Counter piracy in Gulf of Aden and Horn of Africa (2009)
10. NATO – International Security Assistance Force - Afghanistan (2003)
11. The Debt Crisis (1982)
12. Asian Crisis (1997-1998)
13. Global Financial Crisis (2008)
14. WT/DS541/R India – Export Related Measures
15. Aaland Island dispute
16. Manchurian crisis
17. Membership of Spain (1946)
18. United Nations Assistance Mission in Rwanda

BOOKS

1. C.F. Amerasinghe, Principles of the Institutional Law of International


Organizations. Cambridge University Press, 2005.
2. Jan Klabbers, An Introduction to International Organizations Law .Cambridge
University Press, 2015.
3. Philippe Sands and Pierre Klein, Bowett's Law of International Institutions. London:
Sweet & Maxwell, 2009.
4. Thomas G. Weiss and Rorden Wilkinson, International Organisation and Global
Governance, New York: Routledge, 2014.
ARTICLES:

1. S. P. Seth, ASEAN and Regional Security, Economic and Political Weekly. Vol. 34,
No. 33 (Aug. 14-20, 1999).

2. Schutter, B.D 1971-72, ‘Humanitarian Intervention: A United Nations Task’,


California Western International Law Journal, vol. 3, no. 21, p. 24. Available at :
http://heinonline.org/HOL/Page?handle=hein.journals/calwi3&div=7&g_sent=1&coll
ection=journals.

3. Payandeh Mehrdad. 2012. The United Nations, Military Intervention, and Regime
Change in Libya. Virginia Journal of International Law. 52(2). Available at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1930993##.

4. Stahn, C. 2012. Responsibility to Protect: Political Rhetoric or Emerging Legal


Norm? The American Journal of International Law. 101(1). Available at:
http://www.jstor.org/stable/4149826 .

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ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. Allain, J., 2004. The True Challenge to the United Nations System of the Use of
Force: The Failures of Kosovo and Iraq and the Emergence of the African Union.
Max Planck Yearbook of United Nations Law.

2. Jacques Delors, Europe: Regional Organisation and Globalisation, India International


Centre Quarterly, Vol. 38, No. 3/4, The Golden Thread: Essays in Honour of C.D.
Deshmukh (WINTER 2011 - SPRING 2012).

3. Kolb, R 2003,’ Note on humanitarian intervention’, International Review of the Red


Cross, vol. 85, no. 849, p. 121. Available at:
http://www.icrc.org/eng/assets/files/other/irrc_849_kolb.pdf.

4. Kardas , S 2010, ‘Examining the role of the U.N Security Council in post-cold war
interventions: The case for authorized humanitarian interventions’ , U.S A.K Year
Book.

5. Lowe, V., Roberts, A., Welsh, J., and Zaun, D. eds. 2008The United Nations Security
Council and War. The evaluation of thought and practice since 1945. New York:
Oxford University Press.

6. Shaw, M.N., 2005. International Law. 5th ed. New Delhi: Cambridge University
Press.

7. Sinha, M.K., 2002. Humanitarian Intervention by the United Nations. New Delhi:
Manak Publications.

8. Teson, F. R., 2005. Humanitarian Intervention: An enquiry into law and morality.
New York: Transnational Publications.

Skill Component
Module Skill Component
1. Introduction to Analyze various situations leading to the growth of International
International Organizations.
Organizations

2. Peace, Security, Analyze various situations dealing with the success and failure of
Human Rights and League of Nations and the Unite Nations.
United Nations

3. United Nations, Develop aptitude to understand through various case studies about
Different the working of different specialized agencies of the United Nations
Institutions and and other socio-economic institutions.
Socio-Economic
Intervention
4. Regional Critically evaluate the role of regional organizations and the issues
and challenges concerning the working of regional organization in

370
Organizations maintaining peace at the regional level.

5. International Analyze the role of international organizations with the help case
Organizations and laws and case studies for protection of environment and ocean
Resource
Management

Resource Persons:
National
1. Dr. Anuradha Saibaba
Director & Faculty at Sushma Swaraj Institute of Foreign Service , MEA, New Delhi.
Email: faculty3.ssifs@mea.gov.in
2. Prof. (Dr) Sanoj Rajan
Distinguished Professor of International Law at Zhejiang Gongshang University
Email: sanojrajan@hotmail.com
3. Prof (Dr) Manoj Kumar Sinha
Director, Indian Law Institute, New Delhi
Email: manojkumarsinha5@gmail.com
4. Dr. Srinivas Burra
Assistant Professor, South Asian University, New Delhi
Email: srinivasb@sau.ac.in
International

1. Ms. Petra Miriam Kocen,Junior Associate at District Prosecutor’s Office, Ljubljana,


Slovenia, Email: petra.kocen@gmail.com

371
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3612: Comparative Constitutional Law (HONOURS PAPER-1)
(Sem. 06/Paper-09)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: This course is designed to examine from a comparative


perspective –legal structure and concepts that are found in Constitutions across the world,
percepts such as basic rights, rule of law, systems of governance, judicial review, to name a
few. Comparative Constitutional Law course is intended to make students familiar with the
constitutional systems of a few countries, in particular the constitution of United States of
America, UK and few other emerging constitutions along with the Indian Constitution.
Students will be benefitted from deeper understanding of the doctrines and values underlying
the provisions and principles from various constitutional systems.

LEARNING OBJECTIVES:

 The object of the course is to give the students, a better grasp over the principles of
constitutional law.
 The above-stated object is sought to be achieved by concentrating on a study of
certain aspects of constitutional law in a comparative perspective.
 The areas intended to be examined include: Protection of Fundamental Rights/Human
Rights; emergency and martial law and the effect on fundamental rights; The
Commerce Power; Amendment of the constitution.
 The study would include the study of power structure, together with the manner of
exercise of these powers and the controls/limitations on them.
 The students would also be familiarized with various forms/techniques used by the
Courts in the interpretation of the Constitution and the scope and ambit of Judicial
Review.
 The above study is sought to be undertaken in the light of American, Australian,
British and Canadian Constitutional positions

TEACHING LEARNING METHODOLOGY: The teaching methodology that shall be


adopted for this paper will be a combination of lecture method, debates, discussion and
research. The teacher shall introduce the topic in the class and after that the students shall be
encouraged to research and analyze on the issues relating to the subject and present their
finding in the class. This shall be followed by discussions.

MODULE – I: Introduction to Comparative Constitutional Law

Introduction : This Introduction provides a brief history of the field, and wrestles with the
definitional issues of the boundaries of the constitution. It then draws out the common themes

372
that emerge from a reading of the chapters, particularly as they relate to patterns of
constitutional similarity versus difference, or convergence versus divergence.

1.1- Constitutions, Constitutional Law and Constitutionalism.


1.2- The Constitution: Basic Instrumentality of Power Control.
1.3- Legal Relevance of Comparative Constitutional Law.

COURSE TAKE AWAY: In the end the students will be able to understand the basic
necessity, legal relevance and importance of Comparative Constitutional Law and concept of
Constitutionalism.

NUMBER OF HOURS: 10

MODULE – II: Rule of Law and Separation of Power

Introduction : Rule of law and Separation of Power is the supreme manifestation of human
civilization and culture and is a new 'lingua franca' of global moral thought. It is an eternal
value of constitutionalism and inherent attribute of democracy and good governance. In this
module the central theme will be how Rule of Law and Separation of Power has been applied
in various countries.

2.1 Elements of Rule of Law

2.2 Forms of Rule of Law.

2.3 -The doctrine of Checks and Balances

COURSE TAKE AWAY- At the end of the module the students will be able to identify the
difference of approach by the different forms of government in applying the Rule of Law
principle and understanding how executive and legislative powers are limited by the
application of the Rule of Law principle.

NUMBER OF HOURS- 15

MODULE – III: Protection of Fundamental Rights and Human Rights


Introduction :This module traces the development of Human rights and the growth of the
concept of Fundamental Rights in the Country. The aspect of fundamental rights when it
comes to Doctrine of State Action and also its applicability against the private citizens.

3.1 Natural Rights, Human Rights & Fundamental Right

3.2 Fundamental Rights: Against whom available? Whether enforceable against Private
persons? The Doctrine of State Action.

3.3. Human Rights under National Constitutions.

3.4. Restrictions upon and Limitations of Human Rights and Fundamental Rights.

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COURSE TAKE AWAY- At the end of the module the students will be able to identify the
various types of fundamental rights available in different countries and how national
constitutions have been implementing them in their countries.

NUMBER OF HOURS- 15

MODULE – IV: Principles of Constitutional Interpretation and Judicial Review.


Introduction :When exercising its power to review the constitutionality of governmental
action, the Supreme Court has relied on certain “methods” or “modes” of interpretation—that
is, ways of figuring out a particular meaning of a provision within the Constitution. This
module broadly describes the most common modes of constitutional interpretation.
4.1 Place of Constitutional Adjudication in a working Constitutional Order.
4.2 Methods Judicial Review.
4.3 Principal Models of Constitutional Interpretation.
COURSE TAKE AWAY- At the end of the module the students will be able to identify the
various methods of interpretation adopted by the courts and will study Supreme Court
decisions that demonstrate the application of these methods; and provides a general overview
of the various arguments in support of, and in opposition to, the use of such methods of
constitutional interpretation.

NUMBER OF HOURS- 13

MODULE – V: Emergency, Martial Law and Amendment of the Constitution:


Limitation on the Power of Amendment
5.1- Emergency provisions in Constitution of various countries

5.2- Emergency and Martial Law

5.3- Amendment of Constitution and its procedures in various Constitutions.

COURSE TAKE AWAY- At the end of the module the students will be able to grasp the
idea of emergency and its ground of imposition in various countries. Also they will be able to
understand the difference between martial law and emergency. The module also will enrich
the knowledge of the students with regard to procedures of amendment and methods adopted
in various countries.

NUMBER OF HOURS- 15

CASE REFERENCES

1- A.K. Gopalan v. State of Madras, AIR 1950 SC 27


2- Marbury v Madison, 5 U.S. (1 Cranch) 137 (1803)
3- McDonald v. Chicago, 561 U.S. 3025 (2010)
4- Roe v. Wade, 410 U.S. 113 (1973)
5- Cooper v Aaron, 358 U.S. 1 (U.S. 1958)
6- A. & others v. Secretary of State for the Home Department (2004) UKHL 56
7- Connelly v DPP (1964) A.C. 1254

374
8- Austin v. Metropolitan Police Commissioner (2007) EWCA Civ 989
9- Australian Communist Party v. Commonwealth (1951) 83 CLR 1
10-Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461

BOOKS
1- The Oxford Handbook on Comparative Constitutional Law Edited by Michel
Rosenfeld and András Sajó
2- Comparative Constitutional Law by Mahendra P. Singh Edition: 2nd Edition, 2011
3- D D Basu: Workbook on Constitution of India by D D Basu Edition: 1st
Articles :
1- Tushnet, Mark. “The Possibilities of Comparative Constitutional Law.” The Yale Law
Journal, vol. 108, no. 6, 1999, pp. 1225–1309.
2- Urs, Priya. “Making Comparative Constitutional Law Work: ‘Naz Foundation’ and
the Constitution of India.” Verfassung Und Recht in Übersee / Law and Politics in
Africa, Asia and Latin America, vol. 46, no. 1, 2013, pp. 95–101.
3- Hirschl, Ran. “THE ‘COMPARATIVE’ IN COMPARATIVE CONSTITUTIONAL
LAW: A RESPONSE TO DIXON AND TUSHNET.” The American Journal of
Comparative Law, vol. 64, no. 1, 2016, pp. 209–217.

ADVANCE READING:

i. Tushnet, M.V., .Jackson V.C., Comparative Constitutional Law. Foundation


Press.
ii. Tushnet M., The Possibilities of Comparative Constitutional Law. Mark
Tushnet. 108 Yale Law Journal, 1225.
iii. Raz, J.,The Rule of Law and Its Virtue, The Law Quarterly Review, Vol 93
(1977).
iv. Cooley, T.M., A Treatise on Constitutional Limitations.Calcutta. Hindustan
Law Book Co.
v. Kommers, D.P., (et al). American Constitutional Law.New York, Rowman &
Littlefield Publishers, Inc
vi. Seervai, H.M. Constitutional Law of India: A Critical Commentary. Delhi:
Universal Law Book Publishing.

Module Skill Component

MODULE – I: Introduction The efforts will be to improve capacities to think


toComparative systematically about constitutions, different structures for
Constitutional Law organizing governments and establishing just and
efficacious governments, and about the role of
constitutional law, and courts.

Module 2: Rule of Law and To develop an interpretative technique by studying the

375
Separation of Power application of Rule of Law and Separation of Power in
various country and doing a comprehensive research on the
approach of the Judiciary in applying the same.

Module 3- Protection of
Fundamental Rights and By researching and analyzing various rights that are
Human Rights available in different countries, policy recommending some
of the changes that can be adopted in our countries based on
the comparative analysis and a quiz concerning the
Fundamental Rights in important countries.

Module 4- : Principles of In this module a report of application of mode


Constitutional Interpretation ofconstitutional interpretation can be prepared in which the
and Judicial Review shift in the approach of the court can be analyzed and also
there can be comparative analysis that can be undertaken as
to which country adopts which mode of interpretation in
majority of the cases

The skill components can be the identification of the


Module 5- Emergency, constitution being rigid and flexible based on the various
Martial Law and amendment procedures. Also an study can be done on
Amendment of the grounds of enforcement of emergency in various countries.
Constitution: Limitation on
the Power of Amendment

Resource Persons

National-

Dr. Rabindra Pathak, Director & Faculty at Sushama Swaraj Institute of Foreign Service,
MEA, New Delhi,Contact- Mobile: (+91) 7063033448; (+91) 7903105370,Email:
Pathak.rabindra@gmail.com

Name- Sayantani Bagchi, Contact-sayantanibagchibl1@gmail.com

International

Name- Justice Mohan Peris

Email- http://linkedin.com/in/mohan-peiris-9279b385

Name:Prof. Mark Tushnet

Contact Details- mtushnet@law.harvard.edu , Phone- 617-496-4451

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6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3916: Income Tax Law and Practices (HONOURS PAPER-1)
(Sem. 06/Paper-10)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
The paper aims at providing the students clarity about various important provisions of the
Income Tax Act. The course starts with the introduction to important definitions of various
terms with respect to Income Tax Act 1961. The course discusses the determination of
residential status of an individual/HUF/Firm/Company and tax liabilities under the head of
Salary and House Property. The paper also discusses the important provisions of Tax
Deduction at Source, Tax Collection at Source and Advance Tax. The course also discusses
in detail the various provisions on Deduction which shall help the students in tax planning in
the near future.

LEARNING OBJECTIVES:

 This paper will address the different topics of direct taxinglaws


 To understand major principles of tax for income from salary and houseproperty
 To understand the taxation in terms of jurisprudence, constitution, broader policy
issues and statutes and businessenvironment

COURSE OUTCOME

By the end of the course the student shall have a comprehensive understanding of the concept
of Income tax and would be well versed with the procedures and practices of the Income tax
department in computation and assessment of tax liability of an assessee. The student would
also get a detailed understanding of the procedure for effective tax planning by using the
benefit of deduction available to them under Chapter VIA

TEACHING LEARNING METHODOLOGY:

The paper will be taught by the combination of lectures, seminars, practical examples using
case laws, discussion and consultation with the experts.
COURSE OUTCOME

By the end of the course the student shall have a comprehensive understanding of the concept
of Income tax and would be well versed with the procedures and practices of the Income tax
department in computation and assessment of tax liability of an assessee. The student would
also get a detailed understanding of the procedure for effective tax planning by using the
benefit of deduction available to them under Chapter VIA

377
Module I: Introduction

Introduction

1.1 Introduction to Taxation


1.2 Meaning, Nature and Development of Taxation Laws
1.3 Theories and various base of taxation
1.4 Economic Principles of Taxation
1.5 Constitutional Provisions with respect to taxation
1.6 Center State Fiscal Relations
1.7 Highlights of Budget 2022
1.8 Definitions: Assessee, Person, Previous Years, Assessment Year
1.9 Definition of Income u/s 2(24) and heads of Income
1.10 Concept of Residential status of various groups like HUF, AOP, BOI and other
artificial persons.
1.11 Tax planning, Tax Evasion and Tax Management

Course Takeaway: The students would be able to understand the meaning and definition
of important terms that are connected with Income Tax Law and Practice I

No. Of hours: 14

MODULE 2: TAX DEDUCTION AND COLLECTION AT SOURCES

Introduction

2.1.Tax deduction atsources


2.2.Tax collected atsources
2.3.Refund of excesspayment
2.4. Discussion of BUDGET 2021 and the changes to be introduced vide Finance Act
2021
2.5.Relatedproblems
2.6.Case Laws

Course Takeaway: At the end of the module student would be able to understand various
provisions of the Tax Deduction at Source, Collection at source and Advance Tax. The
students shall also be taught the computation of the above mentioned tax liabilities.

No. Of hours: 10

MODULE 3: PERMISSIBLE DEDUCTION FROM GROSS TOTAL INCOME


Introduction

3.1. Deduction u/s Section 80C to80U


3.2.Deduction from tax liability - How todetermine
3.3.Changes introduced vide Budget 2021
3.4.Rebate in respect of securities transactiontax

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3.5.Relatedproblems

Course Takeaway: The students would be able to do tax planning in the near future for
themselves and their clients.

No. Of hours: 10

MODULE 4: SALARY
Introduction

4.1.Meaning of term 'salary'


4.2.Basis of charge of salaryincome
4.3.Different form of salary - How taxed
4.4.Different form of allowances - How taxed
4.5.Different form of perquisite - How valued for taxpurposes
4.6.Permissible deduction fromsalary
4.7.Tax treatment of providentfund
4.8.Arrear, advances etc. - Howtaxed

Course Takeaway: Understanding income earned under the head of salary, computation of
tax liability and filing of tax return using the SAHAJ platform

No. Of hours: 16

MODULE 5: INCOME FROM HOUSE PROPERTY


Introduction

5.1. Basis of charge


5.2. When property income not charged to tax
5.3. Basis of Computing Income from a let out house property & self-occupied
house property
5.4. Tax treatment of unrealized rent and arrears of rent
5.5. Composite rent
5.6. Related Problems
Course Takeaway: At the end of the module student would be able to understand and
compute the income under the head of House Property.

No. Of hours: 10

CASE REFERENCES

1. Mc Culloch v. Maryland US SC 1819


2. CIT v. Sitaldas Tirathdas SC 1961
3. Ferriera v.Municipal Cooperation of Greater Bombay SC 1972
4. CIT v. GK Karthikeyan SC 1993
5. Subbaya Chettiar v. CIT SC 1951

379
6. CIT v. Eli Lilly & Co. (India) Pvt Ltd. SC 2009
7. CIT v. Century Building Industries Pvt. Ltd. (2007) 293 ITR 194 SC
8. Vodafone International Holdings B.V. v. Union of India [2010]329 ITR 126(Bom)
9. National Federation of Insurance Field Workers of India and Others v. Union of
India and Others [2005] 276 ITR 127 [JHARKHAND]
10. Court on its Own Motion v. CIT [2012] 210 Taxmann 452 (Delhi)
11. CIT v. NC Budharaja & Co. SC 1993
12. Lucky Minerals (Pvt) Ltd v. CIT SC 2001
13. CIT v. M/S Meghalaya Steel Ltd. SC 2016
14. CIT v.Autokast Ltd. SC 2001
15. Indian Hotel Co Ltd v. ITO SC 2000
16. BHEL Workers Union v. Union of India SC 2009
17. CIT v. LW Russel SC 1965
18. CIT v. RR Bajoria (1988) ITR 162 (Cal)
19. Karamchari Union v.Union of India SC 2000
20. Ram Prasad v. CIT SC 1972
21. CIT v. Beman Behari Shah, Shebait Cal 1968
22. R.B. Jodha Mal Kuthiala v. CIT SC 1971
23. CIT v. Poddar Cement (P) Ltd. SC 1997
24. Saifuddin v. CIT (1985) 156 ITR
25. Mangala Homes (Pvt.) Ltd. V. Income Tax Officer [2009] Taxmann Bom HCMangala
Homes (Pvt.) Ltd. vs Income Tax Officer [2009] Taxmann Bom HC

BOOKS
1. Direct Tax Law and Practice by Dr. Vinod Singhania and Dr. Kapil
Singhania (Taxmann Publication)

2. Income Tax by by Dr. Vinod Singhania and Dr. Monica Singhania


(Taxmann Publication) Taxmann’s Income Tax Act, edited by U.K.
Bhargava

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND


COMMENTARIES)

1. Chaturvedi and Pithisaria’s Income Tax Law

2. Girish Ahuja & Ravi Gupta, Direct Taxes Ready Reckoner (Bharat
Publication)

3. Kanga, Palkhiwala and Vyas, The Law and Practice of Income Tax (Lexis
Nexis Butterworths)

4. Law & Practice Relating to Income Computation & Disclosure Standards


by B D Chatterjee and Chintan N. Patel (Taxmann Publication)

380
5. Taxmann’s Income Tax Act, edited by U.K. Bhargava

6. Taxmann’s Income Tax Rules

MODULE SKILL COMPONENT


I Acquainting the students with key terminologies with respect to taxation
II Use of TRACES to file TDS returns and understanding of TDS provisions
III Tax Planning vide understanding the deductions provisions
IV Computation of taxable salary and use of SAHAJ platform to file IT return
V Computation methodology for Rental Income

LIST OF RESOURCE PERSONS

National

1. Ishan Bhatt,Junior Partner Lakshmikumaran Sreedharan,Ishan.bhatt@lakshmisri.com


2. V. K Singhania,Author of Income Tax Law and Practice book Taxmann
Publication,vks @ taxmann.com
International

1.Professor Dr Sjoerd Douma


Email Id: douma@lubbersboerdouma.com

2.Nirvikar Singh, Distinguished Professor of Economics at the University of California, Santa


Cruz (UCSC),Email Id: boxjenk@ucsc.edu Contact: 831-459-4093

381
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3816: LAW RELATING TO TRADEMARKS (HONOURS PAPER-2)
(Sem 06/ Paper -11)
Credits: 04: Total Class Hours: 70 (including tutorials)
Course Description: This course aims at inculcating in the students the importance of
Trademark law in commercial transactions world over and to help the students appreciate the
immense significance of trademarks in protecting the manufacturer and provider of goods and
services as well as the common man in the form of consumers of those goods and services.
With this the course will also aim at preparing trademark litigators who will deal with various
trademarks disputes in future.

Learning Objectives:

1. To provide a conceptual analysis of trademarks and help the students appreciate the
importance of trademarks in commercial transactions.

2. To make students familiar with the procedure for national and international registration of
trademarks under the Trademarks Act, 1999 and Madrid Protocol for international
registration of trademarks respectively.

3. To help students answer various crucial and upcoming questions arising in the context of
trademark protection to other sectors like that of advertising, sports and many more with a
special focus on the Indian context.

4. To help students understand the concept of domain names, domain names disputes, and the
procedure for resolution of domain name disputes.

5. To help the students in applying the theories, principle and procedure of trademarks in the
practical situations in addressing various trademark disputes.

Teaching Learning Methodology:

The methodology adopted for the course would be the following:


 Lecture method
 Case Study approach
 Group discussions
 Practice and exercises oriented sessions
 Drafting sessions (Drafting of application for registration of Trademarks,
and Process of Trademark Registration)
 Inviting specialized persons in this field for delivering lectures
Module 1: Trademarks: Basic Concepts

Introduction:

382
1.1 Trademarks: Conceptual Analysis

1.2 Need for Trademark Protection

1.3 Types of Trademark

1.3.1.Collective Trademarks

1.3.2.Associated Trademarks

1.3.3.Well known Trademarks

1.3.4.Non-Traditional Trademarks

Course takeaway: To have a conceptual understanding of Trademarks. Also to be able to


differentiate among various types of trademarks and know their specific attributes.

Number of hours: 15 approx.

Module 2: Registration of Trademarks

Introduction:

2.1 Steps prior to Registration

2.1.1.NICE Classification System

2.1.2.Search Reports

2.2. Trademark registration procedure Under Trademarks Act, 1999

2.2.1. Relevant provisions under Trademarks Act

2.3 Trademark Infringement and Passing off actions.

Course takeaway: Students would have better clarity on various factors that are essential for
Trademark registration in India and hence would be in a better position to draft the
Trademark registration application.

Number of hours: 10 approx.


Module 3: International Registration of Trademarks

Introduction:

3.1 Need for International Registration of Trademark

3.2 Madrid System for International Registration of Trademark

3.3 Madrid Agreement

3.4 Madrid Protocol

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3.5 Difference between Madrid Agreement and Madrid Protocol

3.6 Procedure followed in International Registration of trademark under Madrid System

3.7 India’s stand on acceding to Madrid System

Course takeaway:Students would be able to appreciate the need & importance of the
international registration of trademark in modern day economy and would also be able to
know more about international legal frameworks in this context like Madrid system for
international registration of trademarks.

Number of hours: 15 approx.

Module 4: Trademark and Domain Names Disputes


Introduction:

4.1 Domain Names: Conceptual Analysis

4.2 Comparison between Domain Names and Trademarks

4.3 Domain Names Disputes

4.4 Types of Domain Names disputes

4.5 ICANN and UDRP

4.6 .IN Registry and .INDRP

Course takeaway:Students would be able to have a better understanding of the legal


framework concerning registration of domain names and also about the alternative dispute
resolution mechanism for the domain names disputes.

Number of hours: 15 approx.


Module 5: Emerging Issues Concerning Trademark Protection

Introduction:

5.1 Character Merchandising

5.2 Parallel Imports in Trademark

5.3 Secondary Liability concept in Trademark Protection

5.4 Trade Dress Protection.

Course takeaway:This module will help students understand the interface between
trademarks and other emerging related areas as mentioned above. They will be able to
explore the scope of trademark protection in areas which are lesser discussed.

No. Of hours.15

384
Case References:
1. Abercrombie and Fitch V. Hunting World
2. Ralf Sickman V. German Patent Office
3. Cadbury India Ltd. V. Neeraj Food Products
4. Reckitt & Colman Ltd V. Borden Inc
5. Yahoo Inc. V. Akash Arora
6. Satyam Infoway V. Siffynet Solutions
7. Kapil Wadhwa V. Samsung Electronics
8. Colgate Palmolive Company v. Anchor Health and Beauty Care Pvt. Ltd
9. Raja Pocket Books v. Radha Pocket Books
10. Hard Rock Café Licensing Corp. v. Concession Services, Inc

Text Books:
1. D Kitchen and D Llewlyn, Et Al., “KERLY’S LAW OF TRADEMARKS AND
TRADENAMES”, Sweet and Maxwell, London.
2. P Narayanan “TRADE MARKS AND PASSING OFF”, Eastern Law House, Kolkata.
3. J Phillips and I Simon, ED, “TRADEMARK USE” Oxford University Press, Oxford.
Articles :
1. Alka Majumdar, Sunandan Majumdar, “ The Requirement of Graphical
Representability in non conventional trademarks” ,JIPR 2006
2. Purnima Kothe, “Trade dress protection for 'look and feel' of the Website”, Indian
Law Journal.
3. Thomas Field, “Trademarks and Business Good will”, Franklin Pierce Law Centre
4. Irene Calboli, “Trademark assignment with good will”, Florida Law Review
5. Anu Tiwari, “ Passing off and the law on Trade dress Protection: Reflections on
Colgate vs Anchor, JIPR, 2005,
6. Jeremy Sheff, “The Rational Basis of Trademark Liability: Reconciling the Federal
Trademark Dilution Act and LANHAM Act”, Bepress Legal Series, paper 1652, 2000.
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Irene Calboli, Texas, Jane C. Ginsburg, International and Comparative Trademark Law,
Cambridge University Press, 2020.

2. Graeme B. Dinwoodie, Trademarks and Unfair Competition: Law and Policy, Wolters
Kluwer, 2018.

3. Nuno Pires de Carvalho, The Trips Regime of Trademarks and Designs, Wolters Kluwer,
2018.

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MODULE WISE IDENTIFIED SKILL COMPONENTS

SL. NO. MODULE SKILL COMPONENT

1 Module 1: Trademarks: Basic To be able to have a clear assessment


Concepts of the scope of protection of various
types of trademarks as per the
practical implementation of provisions
of Trademarks Act, 1999.

2 Module 2: Registration of Drafting of a Trademark Registration


Trademarks application and the process of
applying it before TM Registry.

3 Module 3: International Registration Drafting of application for trademark


of Trademarks registration under the international
route i.e. the Madrid route under
Madrid Protocol concerning
International registration of
trademarks.

4 Module 4: Trademarks and Domain Regarding Arbitration proceedings for


Names Disputes the resolution of disputes concerning
domain names.

5 Module 5: Emerging Issues Examining the extent of infringement


concerning trademark protection and consequential liability under for
trademark infringement in these
related areas by proper interpretation
of trademark laws in India.

LIST OF RESOURCE PERSONS TO CONDUCT SESSIONS ON MODULE WISE


IDENTIFIED SKILL COMPONENTS

National Resource Persons:

1. Aurobinda Panda, Founder and Managing Partner, Lex Protector LLP,


Email: mail@lexprotector.com
2. Isha Sharma, Director and Trademark Attorney, Trayambak Patents
Email: director@trayambak.com
3. Godhuli Nanda, Senior Associate, Lakshmikumaran and Sridharan

386
Email: godhuli.nanda@gmail.com
4. Siddharth Mathur, Designated Partner, Lex Protector, LLP
Email: siddharth@lexprotector.com

International Resource Persons:


1. Kathryn J. Fritz, Partner, Fenwick & West LLP, Visiting Professor at Berkley Law,
California, Email: kfritz@fenwick.com
2. Dr. Pratyush Nath Upreti, (IP Specialisation), Faculty of Law, Helsinki Institute of
Sustainability Science, Helsinki, Email: pratyush.upreti@helsinki.fi

387
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3514:PENOLOGY AND VICTIMOLOGY (HONOURS PAPER-2)
(Sem. 06/Paper-12)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
In studying penology we shall consider less stringent methods of punishment and therefore,
focus on fines, imprisonment, restitution (including restorative justice) and treatment of
offenders and victims in criminal justiceadministration.The subject discourse shall also look
into thejudicial and legislative attitude towards victims and also highlight the legislative
changes in Indiain recent times towards victim justice.

LEARNING OBJECTIVES:

1. To study the growth and development of principles and practice of various punishments.

2. To critically review the Indian laws and practices in treatment of prisoners and various

correctional administration.

3. To study different impacts on victims of crime.

4. To focus on women as victims, notably in rape and domestic violence cases.

5. To understand the difficulties in acquiring official data on victims, whether or not the

crime is known to the police.

TEACHING LEARNING METHODOLOGY

This course will be taught by a combination ofLecture Session, Case Study, Judgment
Reading , Case law – Research and Presentations.

MODULE – I: PHILOSOPHY, ORIGIN AND DEVELOPMENT OF PUNISHMENT

Introduction: The module shall help the students understand the growth and development of
principles and practice of various punishments.

1.1 Evolution of penology and New Penology(Theory)

1.2. Reaction to crime and typologies of punishment(Theory)

1.3. Rationale of Punishment(Theory+skill)

1.3.1. Retributive Theory of punishment

1.3.2. Deterrent Theory of punishment

1.3.3. Preventive Theory of punishment

388
1.3.4. Reformative Theory of punishment

COURSE TAKEAWAY

1. Discussion on illustrations and case laws

2. Weekly assignment on Problem - based questions

3. Weekend Summarisation of the class at the end of the week.

NUMBER OF HOURS : 10 hours

MODULE – II: SENTENCING PATTERNS IN INDIA WITH RESPECT TO RAREST


OF RARE

Introduction:The module strives to clarify the sentencing process involved in imposing


punishment and critically evaluate the Indian laws and practices in treatment of prisoners.

2.1. Judicial Sentencing- Process and Policies (Theory+skill)

2.2. Sentencing Pattern- Sec. 53 of Indian Penal Code,1860.(Theory)

2.3. Judicial Trend with respect to Sentencing in India.(Theory)

2.3.1. Minimum Sentencing, Maximum Sentencing, Indeterminate Sentences, Death


Sentence.

COURSE TAKEAWAY

1. Discussion through illustrations and case laws.


2. Audio-visual mode to clarify differences
3. Weekend Summarization of the class content.

NUMBER OF HOURS : 12

MODULE – III: ALTERNATIVE APPROACHES TO PUNISHMENT- PRACTICES


AND POLICIES

Introduction:The module paves way to perceive the pathways of crime prevention and
importance of Treatment and Rehabilitation for crime control. It creates and understanding
regarding the imposition of alternatives to and humane treatment in punishment.

3.1. Pathways of crime prevention(Theory)


3.1.1. Treatment and Rehabilitation
3.2. Extramural Treatment(Skill)
3.2.1. Probation, Community service, Fines
3.3. Intramural Treatment (Skill)
3.3.1.Prison management, Parole and prison reforms including open prison system.

389
COURSE TAKEAWAY
1. Discussion through illustrations and case laws.
2. Audio-visual mode to clarify differences
3. Weekend Summarisation of the class content by the student specified at the starting of
the week.

NUMBER OF HOURS : 10

MODULE – IV: NATURE AND DEVELOPMENT OF VICTIMOLOGY

Introduction:Victimology is a study of relatively new origin. Traditionally the victim is the


forgotten actor in the criminal justice process since from the very beginning and focus has
primarily been on the offender. This segment of the study shall be devoted to the theories
encompassing notions of victimization. The study of victimology will primarily focus on the
current initiatives made by various countries to adopt the 1985 UN Declaration on Victim
Justice Policy.

4.1 Meaning and position of victims- Shift from victim's right to punish to state
punishment.(Theory)

4.2. Evolution of Victimology - Victimology as a science.(Theory)

4.3. Theories of victimization.(Theory)

4.4. UN Declaration on Rights of victim of crime and abuse of power(Theory)

4.5. Perspectives of Victimology(Theory)

a) Positivist

b) Radical

c) Critical

COURSE TAKEAWAY

1. Discussion on illustrations and case laws

2. Weekly student interaction on Problem - based questions.

3. Audio-visual mode to be used for explanation when needed.

NUMBER OF HOURS : 14

MODULE – V: VICTIMS IN CRIMINAL JUSTICE SYSTEM AND RESPONSE


MECHANISM

Introduction:The module shall unfurl its focus on women, children and elderly as victims,
notably in rape and domestic violence cases under specific victimization. It shall help make

390
the students familiar ad help in evaluating the responses of the Functionaries such as Court,
Police, Prosecutor in rendering support to the victim.

5.1. Law Reforms on Victim Justice(Theory)

5.2. Victims in Criminal Justice Administration(Skill)

5.2.1. Victims role at the reporting,investigation and prosecution stage

5.2.2. Procedural safeguards and lacunae in the law

5.3. Impact of crime on victims with reference to Specific victims(Skill)

5.3.1.Victims of Domestic Violence and Sexual violence

5.3.2. Child victims

5.4. Reaction towards victims; Reparation and Compensation of Victims, Restorative Justice
(Skill)

5.4.1. Attitude of police towards victims

5.4.2. Victims support and services in current perspectives

COURSE TAKEAWAY

1. Discussion through illustrations and case laws.


2. Audio-visual mode to be used for class discussions.
3. Weekend Summarisation of the class content by the student specified at the starting of
the week.

NUMBER OF HOURS : 10

(CASE REFERENCES)

1) Bachan Singh vs. State of Punjab (1980) 2 SCC 684


2) Ankush Shiwaji Gaikwad v. The State of Maharashtra, AIR 2013 SC 2454.
3) State of Punjab v. Ajaib Singh, (1995) 2 SCC 486.
4) Chairman Railway Board v. Chandrima Das (2000) 2 SCC 465
5) Bhagwan And Anr. vs State of Haryana 1986 CriLJ 1860
6) Delhi Domestic Working Women’s Forum v Union of India, (1995) 1 SCC 14
7) K.M. Nanavati v State of Maharashtra, AIR 1962SC 605
8) Jagmohan Singh vs The State Of U. P,1973 AIR 947, 1973 SCR (2) 541
9) Machhi Singh And Others vs State Of Punjab 1983 AIR 957, 1983 SCR (3) 413
10) Vishal Jeet v Union of India AIR 1990 SC 1412

BOOKS

 Ahmad Siddique’s Criminology and Penology, Quadri,S.M.A.

391
 Penology, Victimology and Correctional Administration in India, Dr. Krishna Pal
Malik, 1st Edition.
 Criminology & Penology With Victimology, Paranjape,N.V
Articles :

1. The Rehabilitation and Reintegration of offenders: The Current Landscape and Some
Future Directions for Correctional Psychology by J. Stephen Wormith, Richard Althouse,
et.al. (2007) Criminal Justice and Behavior, Vol. 34 No. 7 July 2007 879-892. DOI:
10.1177/0093854807301552

2. Measures for Crime victims in the Indian Criminal Justice System by Prof. Kumaravelu
Chockalingam.

3. Recommendations of Committee on Reforms of Criminal Justice System (Malimath


Committee Report 2003) on Justice to Victims of Crime.

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

 Principled Sentencing By Andrew Von Hirsch, Andrew Ashworth and Julian Roberts, 3rd
Edition
 Victimology: A Text/Reader By Leah E. Daigle, 2nd Edition
 Probation Of Offenders Act: Central & States, Sharma,G.S
 Criminology and Penology, Sirohi,J.P.S
 Probation System In The Administration Of Criminal Justice, Chakrabarti,N.K
 Victimology & Compensatory Jurisprudence, Randhwa, Gurpreet Singh.

Skill Component

Sl. No Module Skill

1 MODULE – I: PHILOSOPHY, Familiarization and critical evaluation of


ORIGIN AND the Justification of Punishment.(Analytical
DEVELOPMENT OF Skills)
PUNISHMENT

2 MODULE – II: SENTENCING Accumulation of knowledge on the


PATTERNS IN INDIA WITH Sentencing Process and Sentencing Pattern
RESPECT TO RAREST OF in India.
RARE

392
3 MODULE – III: Critical thinking on the imposition of
ALTERNATIVE alternatives to and perception towards
APPROACHES TO humane treatment in infliction of
PUNISHMENT- PRACTICES punishment.
AND POLICIES

4 MODULE – IV: NATURE AND Pertinent understanding of the meaning of


DEVELOPMENT OF victims, growth of study on victims and
VICTIMOLOGY victimization. To study different impacts
on victims of crime. Learning the
Perspectives of Victimology.

5 MODULE – V: VICTIMS IN Critical evaluation of the role of Victims in


CRIMINAL JUSTICE SYSTEM Criminal Justice Administration,
AND RESPONSE Procedural safeguards and lacunae in the
MECHANISM law, Impact of crime on victims with
reference to Specific victims.
Compensatory measures and other support
services rendered to the victim.

List of Resource Persons


1. Prof (Dr) G S Bajpai, Vice Chancellor, Rajiv Gandhi National University of Law, Punjab
2. Prof. N. K. Chakrabarti, Vice Chancellor, The WB National University of Juridical
Sciences E-Mail: vc@nujs.edu
3. Prof. (Dr.) Tapan R. Mohanty, Professor (Sociology of Law / Socio Legal Studies)

4. Prof. Arvind Tiwari, School of Law, Rights and Constitutional Governance


5. Prof. L. Jaya Sree, Professor, Head P.G. Department of Legal Studies & Research,
Acharya Nagarjuna University. Email: jayasrelakkaraj@gmail.com
6. Prof. Mehraj Uddin Mir, Department of Law, School of Legal Studies, Central
University of Kashmir. Email: mirmehraj999@gmail.com
7. Mr. Souvik Roy, Associate Professor(Law), University of Engineering and Management,
Kolkata. Email: advsouvikroy@gmail.com

International:

1. Ms. Jeeva Niriella, Head of Department at Department of Public and International Law ,
Faculty of Law , Unversity of Colombo.(International)

2. Prof. Dawn Beichner, Professor and Graduate Coordinator; World Society of Victimology,
Executive Committee Member, Department of Criminal Justice Sciences, Illinois State
University

393
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3414 INVESTMENT LAW (HONOURS PAPER-2)
(Sem. 06/Paper-13)
Credits: 04: Total Class Hours: 60 (including tutorials & proctors)

COURSE DESCRIPTION

The course is to make the student understand the concept of investment law in national as
well as international aspects. It describes the rules and regulations for investment in capital
market of India. The course also mentions for the foreign investors who investment in India
and their laws and application.

LEARNING OBJECTIVES:

1. To make the students understand the basic concepts of investment generally and legally.

2. To make them understand the objective of securities exchange board of India in protecting
the investors

3. To analyze the laws of foreign investment regulating in Indian Market and the current
scenario of Foreign direct Investment

4. To have a critical understanding of the international efforts to regulate foreign investment;

5. To make them understand the interplay between law and politics in regulating foreign
investment

6. To make them aware of the rules and regulations that deal in India and for the foreign
investors who invest in India as well as the international legal concepts.

TEACHING LEARNING METHODOLOGY

The teaching in this course is done by way of lectures, seminars and tutorial sessions. The
lecture series is devoted to examination of the relevant statutory and case law framework and
to the discussion of basic legal concepts of investment law in India. The course will
incorporate with understanding of the meaning of investment law and its practices and
procedures in the corporate world. Participation in class discussion is the primary mode of
teaching/learning.

MODULE – I: CONCEPTUALIZATION OF INVESTMENT

Introduction: This module shall deal with explaining the meaning of investors and
investments. It will also deal with the important aspects of capital market and need of
investment. It also explains the securities market and various investor related websites. And
finally the inter-corporate investment as per companies Act 2013.

394
1.1 Investors : Meaning, Types
1.2 Investments : Meaning, Types
1.3 Securities Market
1.4 Investor Related Websites
1.5 Inter-corporate loans and investment

COURSE TAKEAWAY: To identify different types of investor and investmentof the Indian
economy; To make students familiar with various terminology of Investment.

Number of Hours: 12

MODULE – II: INVESTORS PROTECTION THROUGH SECURITIES EXCHANGE


BOARD OF INDIA (SEBI)

Introduction: This module shall deal with explaining the role of SEBI in the capital market
and its importance. SEBI rules and regulation and the main functioning of SEBI in the capital
Market and how it protects the interest of investors.

2.1Securities Exchange Board of India Act, 1992


2.2 Collective Investment Scheme, Mutual Fund
2.3Credit Rating Agency, Depositories
2.4 SEBI Complaint Redressal Forum, Ombudsman
2.5 SEBI (Investor Protection and Education Fund) Regulations, 2009

COURSE TAKEAWAY:Identifying the investment mechanism of various investment


methods and their respective ramifications on the corporate law practice for investor
protection.

Number of Hours: 12

MODULE – III: FOREIGN EXCHANGE MANAGEMENT ACT 1999

Introduction: This module shall deal with explaining the basic legal framework of foreign
exchange matters that deal with investment. The law relating to foreign exchange matters and
their rules and regulation.

3.1 Foreign Exchange Management Act, 1999


3.2 Object of the act
3.3 Current account transaction
3.4 Capital account transaction
3.5 Role of RBI in foreign exchange matters

COURSE TAKEAWAY:The legal component on foreign exchange matters and how they
are being dealt under the legal regime of corporate law.

NUMBER OF HOURS: 12

395
MODULE – IV:FOREIGN DIRECT INVESTMENT AND FOREIGN PORTFOLIO
INVESTMENT

Introduction: This module shall deal with foreign direct investment and their procedure
according to current FDI policies. The other is relating to foreign portfolio investors and their
registration process in dealing withcorporate transactions.

4.1 Foreign Direct Investment (FDI): Meaning, Types


4.2 Procedure of Foreign Direct Investment
4.3 Foreign Portfolio Investors : Meaning
4.4 Registration procedure of Foreign Portfolio Investors
4.5 FDI policy currently in force

COURSE TAKEAWAY:Knowing about the Foreign Direct Investment through procedural


aspects with current FDI policy 2020

NUMBER OF HOURS: 12

MODULE – V: AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES


(TRIMs)

Introduction: This module shall deal with explaining the trade related investment measures
in an international perspectives. How the various rounds were developed and the existence of
the agreement of TRIMs came into importance in corporate transactions.

5.1 Evolution of various rounds of negotiations

5.2 Uruguay round negotiations

5.3Trade Related Investment Measures (TRIMs) after GATT: Value Addition

5.4 Flaws in TRIMs agreement

5.5 Various Contributions of TRIMs

COURSE TAKEAWAY:The understanding of the agreement of trade related investment


matters and how the agreement is applied

NUMBER OF HOURS: 12

CASE REFERENCES

1. Shalini v Morracco, ICSID Case No. ARB/00/4


2. Assistant Registrar of Companies v. HC Kothari, 1992 75 CompCas 688 Mad
3. Harshad S. Mehta vs Central Bureau Of Investigation,1998 (5) BomCR 783, (1998) 2
BOMLR 114
4. SEBI v. Shriram Mutual Fund, CASE NO.:Appeal (civil) 9523-9524 of 2003

396
5. PGF Ltd. V. UOI, (2016) 13 SCC 732
6. Morgan Stanley MF v. Kartick Das, 1994 SCC (4) 225
7. Sahara v. Sebi, (2013) 1 SCC 1
BOOKS
1. Dr. V.A. Avadhani, Investment and Securities Markets In India, ed. 8th , 2008
2. Dr.SR Myneni, Law of Investment and securities, ed. 1st , 2006
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Khan. M. Y, Tata McGraw Hill Publication, 2009, Financial Services


2. K.P.M. Sundaram, P.N.Varshney, Sultan Chand & Sons, Banking theory, Law and
Practice
3. Dutta’s banking law and Investments
4. Farrar, John, H. and Hanniyan, Brenda, Farrr's Company Law, (1998)
Butterworths, London
5. Gupta, S.N., the Banking Law in Theory and Practice, (1999) Universal, New
Delhi
6. Tannan, M.L., Tannan's Banking Law and Practice in India, (2000) India Law
House, New Delhi
7. Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi
8. Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co.,New
Delhi
9. Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999)Butterworths,
London
10. Purithavathy Pandian, Vikas Publishing House, Delhi. Security Analysis and
Portfolio Management
11. Kucchal. S.C, Chaitanya publishing House,21st ed. Corporate Finance
12. Shekhar. K.C. Shekar Lekshmy, Vikas Publishing House, 20th ed, Banking theory
and Practice
13. M. Sornarajah, The International Law on Foreign Investment (Cambridge
University Press, Cambridge, 2004
14. Mithani.D.M, Himalaya Publishing House, Money banking, International trade
and Public Finance
15. Singh Preeti, Himalya Publishing House, Investment management
16. G.Vijayragvan Iyenger, Excel books, New Delhi, Introduction to Banking
17. Bholey. L. M, Financial Institutions and Markets
18. Surya P. Subedi, International Investment Law: Reconciling Policy and Principle
(Hart Publishing, Oxford, 2008)
19. Dolzer, R and C. Schreuer (2008). Principles of International Investment Law
(Oxford University Press: Oxford)
20. Oxford Handbook of International Investment Law, Peter Muchlinski,
Multinational Enterprises and the Law (Oxford University Press, Oxford, 2007)
21. Andreas Lowenfeld, International Economic Law (Oxford University Press, 2008)
22. Sharpe Alexander Bailey, Investments, ed. 6th, 2005
23. Dr. Guruswamy, Capital Market, ed.2nd 2009

397
24. Tadashi Endo, The Indian Securities Market, ed.1st 1998
25. International Investment Protection, Paparinskis Martins, Hart Publishing
26. Sharad Kumar Chaturvedi, Foreign Investment Law and its Impact on Labour,
2007
27. Taxmann, Guide to Foreign Direct Investments In India, 2011
28. R. Krishnan, Handbook on Foreign Collaborations and Investments In India, 2000
29. SEBI Manual
30. FEMA Manual

Skill Component

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1: Introduction to various investor related


websites and make the student understand the
importance of investment

Module 2: The grievances mechanism of investors and


what is the procedure to solve their issues

Module 3: The role of Enforcement Directorate in


regulating the foreign exchange matters and
how they are identified

Module 4: How to analyse the registration process of FPI


and in practically knowing the procedure of
FDI

Module 5: How the WTO agreement is implemented


among the country’s investment transaction

Resource Persons:
National
1.Mrityunjay Mayank, Program Leader, Amity Law School Ranchi, Assistant Professor of
Law
Email id - mmayank@rnc.amity.edu, Contact no. - +91-7992264914
2.Dr. Pyla Narayana Rao, Assistant professor at Indian of Corporate affairs
3.Mr. Kaushlesh Pandey, Legal Consultant, Enforcement Directorate
4.SomaShekhar Sundaresan - Independent Legal Counsel
International
1.Umakant Verottil - Associate Professor of National Law University of Singapore

398
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3714: International Humanitarian Law (HONOURS PAPER-2)
(Sem. 06/Paper-14)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: International humanitarian law is a set of rules which seek, for
humanitarian reasons, to limit the effects of armed conflict. Though looking at the conflicts
going on worldwide, there are countless examples of violation of international humanitarian
law. However, there are continuous efforts made by the international community,
international organizations, regional organizations, non-governmental organizations to
strengthen the values of humanitarian law and there are instances where international
humanitarian law has made a difference in protecting civilians, prisoners, the sick and the
wounded, and in restricting the use of barbaric weapons. Therefore, striving for effective
compliance of this branch of law is a matter of concern and there is a need of continuous
research and development of this branch of law. Hence, it is a very important subject for the
students of international law. The object of this paper is to impart the basic humanitarian
principles of war and the knowledge of International Humanitarian Law.

LEARNING OBJECTIVES:

7. The pivotal goal of the course is to enable the students to understand the nature,
necessity development and scope of international humanitarian law.
8. The course intends to enable the students to understand the limitations on the means
and methods of warfare.
9. The course seeks to encourage the students to understand the changing nature of the
armed conflicts and impact warfare and modern weapons on the civilians and the
rights of civilians, cultural properties and environment
10. The enable the students to understand the right guaranteed to the different categories
“protected persons” and the efficacy of the laws.
11. The course seeks to familiarize the students with various international instruments
relating to disarmament, regulation the weapons of mass destruction, their production,
procurement, stockpiling, trade etc.
12. To enable the students to understand the role of ICRC in strengthening of
international humanitarian law.
TEACHING LEARNING METHODOLOGY:

Teaching will be by lecture method supplemented by class room discussions, case study and
problem solving method. In addition to that, in order to explain different concepts several
other pedagogical strategies shall be adopted for example movie review, documentary review
and news reading etc.

399
Module-1: Introduction to International Humanitarian Law

Introduction: This module seeks to impart the basic humanitarian principles of war and the
knowledge of International Humanitarian Law.

1.1 History and Development of International Humanitarian Law


1.2 Application of IHL
1.3 IHL and Human Rights
1.4 International and Non- International Armed Conflict

COURSE TAKEAWAY

At the end ff the module the students shall be able to understand the nature, necessity
development and scope of international humanitarian law, understand the difference between
Humanitarian Law and Human Rights Law, understand the basic concepts like international
armed conflict, non-international armed conflict, combatant, non-combatants, war-time and
peace-time, protected persons, prisoners of war, jus ad bellum, jus in bello etc. Students will
also be able to understand the changing nature of armed conflicts and the challenges in
application of humanitarian law.

NUMBER OF HOURS- 12 hrs

Module – 2: Rules of Conduct of Hostilities and Limitation on the Means and Methods
of Warfare

Introduction:This module seeks to enable the students to understand the limitations on the
means and methods of warfare and the principles of customary international humanitarian
law. It gives an insight about existing international instruments in order to regulate the
weapons of mass destruction, their production, procurement, stockpiling, trade etc. It also
aims to enable the students to understand the impact of armed conflicts on environment and
cultural properties.

2.1. General Limitations on the Means and Methods of Warfare


2.1.1 The Principle of Distinction.
2.1.2 Rule of Military Necessity
2.1.3 Rule of Proportionality.
1.1.4 Prohibition of Direct and Indiscriminate Attacks.
2.2. Prohibited Methods of Warfare
2.2.1 Prohibition on starvation of Civilians
2.2.2 Protection of environment during armed conflicts
2.2.3 Protection of cultural property during armed conflicts
2.2.4 Ruses of war and the prohibition against perfidy
2.3 Prohibited Weapons Regime
2.3.1 Conventional Weapons
2.3.2 Specific Weapons — Chemical, Biological, Nuclear, Cluster Munitions, etc.

400
COURSE TAKEAWAY: The student should be able to apply the various provisions from
the body of International Humanitarian Law to the ongoing conflict situations. Students will
also analyze critically the threat posed by the development the modern weapons and the
global political issues associated with disarmament and prohibition of the weapons of mass
destruction. At the same time the students will be able to critically assess the impact of
modern warfare on Health, Environment and Cultural Heritage and the international efforts
for protecting the same.

NUMBER OF HOURS- 18 hrs

Module – 3: Protected Persons:


Introduction:This module aims to enable the students the laws relating to the protected
persons including the hors de combat, civilians, women, children, Prisoners of War etc.

3.1. Protection of the Wounded, The Sick, The Shipwrecked Soldiers


3.2. Prisoners of War.
3.3. Protection of Civilians.
3.4. Protection of Women
3.5 Protection of Children.
3.6 Protection of Displaced Persons

COURSE TAKEAWAY :The students shall be able to critically analyze the existing laws
and understand the various issues associated with the proper enforcement and the guarantee
of the rights of the protected persons.

NUMBER OF HOURS- 22 hrs

Module – 4: Implementation Of IHL And Institutional Mechanisms.


Introduction:This Module will discuss the implementation of IHL at national regional and
international level, the criminal responsibilities and the applicable jurisdiction and the
available institutional mechanisms.
4.1. Basic issues involved in Implementation Of IHL.
4.2. Implementation Of Law At Domestic Level.
4.3. Grave Breaches Of Geneva Conventions And Additional Protocols.
4.4. Accountability, Criminal jurisdiction and War Crime Tribunals

COURSE TAKEAWAY :At the end of the course the students shall be able to understand
the issues concerning the implementation of IHL at domestic level, accountability and
impunity, criminal responsibility, individual criminal responsibility, superior orders,
command responsibility, international criminal jurisdiction, universal jurisdiction, grave
breaches of Geneva conventions and additional protocols. It will give an awareness about the
various criminal tribunals and special courts established to prosecute war criminals.

401
NUMBER OF HOURS- 12 hrs

Module 5: ICRC and IHL in Action


Introduction:
5.1 Status and Origin of ICRC
5.2. Red Cross and Red Crescent Movement
5.3 How does ICRC function?
5.3.1 Protection in War
5.3.2 Assistance for Conflict Victims
5.3.3 Preventive Actions
5.3.4 Cooperation with other Agencies

COURSE TAKEAWAY:At the end of this module the students will able to get a fair idea
about the functioning of the ICRC and the other agencies working in collaboration with
ICRC.
NUMBER OF HOURS : 8hrs

(CASE REFERENCES)

1. Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons Case
2. Advisory Opinion on the Legal Consequences of the Construction of Wall in occupied
Territory of Palestine
3. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA)
4. Prosecutor v Tadic
5. Prosecutor v Blaskic
6. Prosecutor v Galic
7. Prosecutor v Martic
8. Prosecutor v Al Mahdi
9. Prosecutor v Thomas Lubangya
10. Prosecutor v Jean Paul Akayesu

BOOKS

1. Dieter Fleck, The handbook of International Humanitarian Law, Oxford University


Press, 2009.
2. Gary D. Solis. The Law of Armed Conflict: International Humanitarian Law in War
Cambridge University Press, 2010

3. Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed
Conflict, Cambridge, Cambridge University Press, 2004

Articles

1. Aldo Zammit Borda, Introduction to international humanitarian law. Commonwealth


Law Bulletin 34 (4), 739-748, 2008. 3, 2008.

402
2. Theodor Meron,The Martens Clause, Principles of Humanity, and Dictates of Public
Conscience The American Journal of International Law , Vol. 94, No. 1 (Jan., 2000),
pp. 78-89.
3. Stephane Jaqemet, Cross- Fertilization if international Humanitarian Law and
International Refugee Law. ICRC(2001)
Books for advanced Reading: (Texts books, articles and commentaries)

1. Theodor Meron, Revival of customary Humanitarian Law, The American Journal of


International Law, Vol. 99, No. 4(Oct 2005), pp. 817-834.
2. Theodor Meron, W. Michael Reisman, Luigi Condorelli, George H. Aldrich, René
Kosirnik and J. Ashley Roach,Application of Humanitarian Law in Non-International
Armed Conflicts Proceedings of the Annual Meeting (American Society of
International Law) Vol. 85 (APRIL 17-20, 1991), pp. 83-101.
3. J. Mcclelland. (2005). II. Conventional Weapons: A Cluster Of Developments.
International and Comparative Law Quarterly, 54(3), 755-767.
4. ICRC- Its Mission and Work. International Committee of Red Cross.(2009)
5. Argibay, Carmen M., “Sexual Slavery and the “Comfort Women” of World War II”,
Berkeley Journal of International Law, vol. 21, no. 2, (2003), pp.375-389.
6. Barrow, Amy, “UN Security Council Resolutions 1325 and 1820: Constructing
Gender in Armed Conflict and International Humanitarian Law”, International
Review of the Red Cross, vol. 92, no. 877, (2010), pp. 221-234 Chinkin, Christine,
“Rape and Sexual Abuse of Women in International Law”, European Journal of
International Law, vol. 5, no. 1, (1994), pp. 326-341.
7. Pictet, Jean (1975). Humanitarian law and the protection of war victims. Leyden:
Sijthoff
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND
COMMENTARIES)
1. Larry Maybe and Benarji Chakka (eds) International Humanitarian Law- A Reader of
South Asia. ICRC. 2007.

2. Guy S. Goodwin-Gill, The Refugee in International Law, Oxford University Press, 2007

3. V.S.Mani, Oxford Handbook of International Humanitarian Law in South Asia, Oxford


University Press. 1st Edition (2007)

4. Malcolm Shaw. International Law (8th ed.). Cambridge: Cambridge University Press.
2017. Pp 1167-1204.

5. Jean-Marie Henckaerts and Louise Doswald-Beck, ICRC- Customary International


Humanitarian Law. Cambrige University Press(2005)

6.Frits Kalshoven, Liesbeth Zegveld, Constraints on the waging of war: An Introduction To


International Humanitarian Law, ICRC, Geneva, 3rd ed., (2001)

403
Skill Component
Module Skill Component
1. Introduction to Analyze various conflicts going on in the world and understand
International the necessity of International Humanitarian Law.
Humanitarian Law
2. Rules of Conduct Analyze the limitations on the means and methods of warfare
of Hostilities and and identify the threats posed by the modern weapons on human
Limitation on the life, property and environment.
Means and
Methods of
Warfare

3. Protected Persons Develop aptitude to understand the impact of warfare on several


vulnerable groups. Critically appraise the existing law and the
rights guaranteed to the “protected persons”.
4. Implementation of Critical evaluation of the issues and challenges concerning
IHL and implementation of IHL and the efficacy of the implementation
Institutional mechanism
Mechanism
5. ICRC and IHL in Awareness about the functioning of the ICRC
Action

Resource Persons: (Tentative)


National
1. Dr. Anuradha Saibaba
Director & Faculty at Sushma Swaraj Institute of Foreign Service , MEA, New Delhi.
Email: faculty3.ssifs@mea.gov.in
2. Prof. (Dr) Sanoj Rajan
Distinguished Professor of International Law at Zhejiang Gongshang University
Email: sanojrajan@hotmail.com
3. Prof (Dr) Manoj Kumar Sinha
Director, Indian Law Institute , New Delhi
Email: manojkumarsinha5@gmail.com
4, Dr. Srinivas Burra
Assistant Professor, South Asian University, New Delhi
Email: srinivasb@sau.ac.in
International

1.Ms. Petra Miriam Kocen

Junior Associate at District Prosecutor’s Office, Ljubljana, Slovenia.


Email: petra.kocen@gmail.com

404
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3614: Indian Federalism (HONOURS PAPER-2)
(Semester 06/Paper-15)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: This course attempts to study and understand the reasons for the
adoption of a federal set-up, by the framers of the Indian Constitution; the extent to which
they were influenced in this effort by the position of the other federal constitutions, the
working of the federal set-up under the Indian Constitution, together with new issues and
challenges that are emerging.
LEARNING OBJECTIVES:

 To understand the historical reasons for going for a federal set up

 To understand the various aspects of federalism like symmetric federalism, asymmetric


federalism. Cooperative federalism, competitive federalism and judicial federalism

 To identify and understand various center state disputes which have been perceived as a
threat to Indian federalism

 To assess the performance of the institutions established to improve the performance of


center state dispute

 To discuss the contemporary challenges to Indian Federalism

TEACHING LEARNING METHODOLOGY:

In addition to classical commentaries, case laws and other materials, both in print, as well
from the web, shall be employed to provide one with source documents, concerning the
development articulation of the principles. The classes shall be in the form of
presentations/discussions, on the topics included in the syllabus, in as comprehensible a
manner as possible. The students are also required to submit a brief write-up, on the topic of
their presentation/discussion.

MODULE-1-FEDERALISM: SOME BASIC CONCEPTS

Introduction:

1.1. The State; its origins and evolution


1.2. Constitutionalism: the idea of limited government.
1.3. Federalism, an aspect of Constitutionalism.
1.4. Confederation and Federation: fundamental distinctions; the federal
principle.
1.5. Basic Characteristics of a Federal Constitution
Course Takeaway: At the end of this module, students will be able to understand the
evolution and development of federal political set up.
No. Of hours: 10 hrs.

405
MODULE-2-FEDERALISM IN INDIA

Introduction:

2.1 The British Period.


2.2 Evolution of Federalism in India
2.3 Incorporation of federal set-up in the Constitution
2.4 Federal set-up under the Indian Constitution: The myth and the reality

Course Takeaway: At the end of this module, students will be able to understand the
historical aspects which shaped the development of federal political system and the
rationale behind calling India a Union of States rather than a Federation like in the United
States

No. Of hours: 10 hrs.

MODULE-3 CONSTITUTIONAL SCHEME OF DISTRIBUTION OF POWERS


BETWEEN THE UNION AND THE STATES

Introduction:

Legislative Relations:

3.1 Territorial distribution of powers (Article 245)


3.2 Subject-wise distribution of powers (Article 246)
3.3Legislative Conflicts (Doctrine of Pith and Substance, Harmonious
Construction, Incidental and Ancillary powers, colourable legislation)
3.4 Residuary Powers (Article 248)
3.5 Power to make law giving effect to international treaties and
agreements. (Article 253)
3.6 Repugnancy (Article 254)
3.7 Power over trade and commerce (Article 301-307)

Course Takeaway: At the end of this module, students will be able to understand the
constitutional scheme of distribution of legislative power between the Center and States
and to develop a comprehensive understanding of the legislative relationship between the
center and state

No. Of hours: 15 hrs

406
MODULE- 4 Administrative Relations:

Introduction:

4.1 Obligation of the States and the Union (Article 256)

4.2 Control of Union Over States in Certain Cases (Article 257)

4.3 Inter-governmental Delegation of Functions (Articles 258, 258A).

4.4 Emergency Provisions and their effect.

4.5 Inter-State Water Disputes: Role of The Union (Article 262); The
River Linking Project: Feasibility and Impact.

4.6 Inter-Governmental Cooperation in solving administrative


problems/issues: The role of the Inter- State Council (Article 263).

4.7 Immunities of Instrumentalities

Exemption of property & income of the State from Union taxation

Exemption of property of the Union from State taxation

Theory and Skill components- Discuss about the various constitutional provisions which
govern the Administrative Relations between the Center and State

No. Of hours: 15 hrs

MODULE- 5 Financial Relations:

Introduction:

5.1 Classification of Taxes


5.2 Scheme of distribution of taxes/revenues
5.3 Transfer of Resources from Union to the States
5.4 Resources Transferring Agencies (Planning Commission/NITI AYOG,
NationalDevelopment Council, etc)
5.5 Finance Commission, GST Council
5.6 Expenditure Defray able by the Union or a State out of its revenues
Course Takeaway: At the end of this module, students will be able to understand the fiscal
relationship between the center and the states and understand the revenue sharing
arrangement between the Union government and the State Government

Course Takeaway: At the end of the module the student would be able to understand the
present day issues that are considered as a threat to Indian Federalism and plausible solutions
to address such challenges.

No. Of hours: 15 hrs

407
CASE REFERENCES

1. State of West Bengal v. Union of India. (AIR 1963 SC 1241).


2. Gujarat University v. Srikrishna (AIR 1963 SC 763).
3. Union of India v. H.S.Dhillon (AIR 1972 SC 1061).
4. State of Rajasthan v. Union of India, (AIR 1977 SC 1361)
5. State of Karnataka v. Union of India, (AIR 1978 SC 68)
6. T.N.Cauvery Sangam v. Union of India (AIR 1990 SC 1316).
7. Synthetics and Chemicals Ltd v. State of U.P. (AIR 1990 SC 1927).
8. Goodyear India Ltd v. State of Haryana (AIR 1990 SC 781)
9. State of Tamil Nadu v. State of Karnataka (1991) Supp 1 SCC 240.
10. S.R. Bommai v. Union of India, [(1994)3 SCC 1]
11. Kuldip Nayyar v. Union of India (AIR 2006 SC 3127)
12. State of West Bengal v. The Committee for Protection of Democratic Rights, West Bengal
[(2010) 10 SCC 571].
13. Bhim Singh v. Union of India [2010 SC (Writ petition No. 404 of 1999)].
14. Society for Un-aided Private Schools of Rajasthan v. Union of India [WRIT PETITION
(C) NO. 95 OF 2010 (decided on April 12, 2012)].
15.Rakesh vaishnav and others versus Union of India SC 2021

BOOKS

1. M.P. Jain. Outlines of Indian Legal History. [Nagpur, LexisNexis Buttersworth Wadhwa]
2. K.C.Wheare. Federal Government. [Oxford University Press].
3, Ivo.D.Duchachek. Comparative Federalism. [Holt, Rinehart & Winston, INC].

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)


 Karl Lowenstein: Political Power and the Governmental Process. The University of
Chicago Press; 1965.
 Herman Finer. The Theory and Practice of Modern Government. Delhi, Surjeet
Publications.
 J. Rolland Pennock & John.W.Chapman. Constitutionalism. New York University Press;
1979.
 Charles Howard Mcilwain. Constitutionalism: Ancient & Modern. Cornell University
Press. 1947.
 A.V.Dicey. An Introduction to the Study of the Law of the Constitution. [Delhi.
Universal]. 10th edition (Fifth Indian Reprint), 2008
 K.C.Wheare. Federal Government. [Oxford University Press].
 The Constituent Assembly Debates. {New Delhi. Lok Sabha Secretariat].
 A.B. Keith. A Constitutional History of India. [Allahabad, Central Book Depot].
 M.V. Pylee. Constitutional History of India (1600-1950). [New Delhi, S.Chand & Co.].
 V.D.Kulshreshtha. Landmarks in Indian Legal and Constitutional History. [Lucknow,
Eastern Book Company].

408
 B. Shiva Rao: The Framing of India’s Constitution (in 5 Vols). [Delhi, Universal Law
Publishing Co. Ltd].
 B.N. Rau: India’s Constitution in the Making. Allied Publishers, New Delhi. 1960.
 Granville Austin: The Indian Constitution: Cornerstone of a Nation. [New Delhi, Oxford
University Press].
 Granville Austin: Working a Democratic Constitution, the Indian Experience. [New
Delhi, Oxford University Press].
 H.M. Seervai: Constitutional Law of India: A Critical Commentary. [Delhi. Universal
Law Publishing Co. Ltd].
 D.D.Basu: Constitution of India. Nagpur, LexisNexis Buttersworth Wadhwa.
 P.K.Tripathi: Indian Federalism: The Reality and the Myth [(1974) Journal of Bar
Council of India].
 Sarkaria Commission Report on Centre-State Relations,1988
 Report of National Commission to Review Working of the Constitution, 2000.
 Punchi Commission Report on Centre State Relations, 2010
 Reports of the Finance Commission.
SKILL COMPONENT

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1: FEDERALISM: SOME BASIC Understanding the evolution and development


CONCEPTS of the concept of federalism

Module 2: FEDERALISM IN INDIA Discussion and debate into the origin and
development of federal political setup in our
country
Module 3: CONSTITUTIONAL SCHEME Understanding the Conflict ares in the space
OF DISTRIBUTION OF POWERS of legislation between center and the state
BETWEEN THE UNION AND THE
STATES

Understanding Administrative central state


Module 4: Administrative Relations conflict
Module 5: Financial Relations Understanding of center state fiscal relations
and the conflicts therein

409
RESOURCE PERSON

National

1.Prof.(Dr.) MP singh,https://jgu.edu.in/jgls/professor-dr-mp-singh/
Email: mpjitholi@gmail.com

2.Dr. Yogesh Pratap Singh,


yogesh@nluo.ac.in, yogeshpratap@gmail.com, dyreg.ypsingh@sci.nic.in
Contact:+91 671 2338018
International
1. Prof. Mark Tushnet
mtushnet@law.harvard.edu
617-496-44511. Prof. Mark Tushnet

2. Prof. Madhav Khosla


mkhosl@law.columbia.edu
(212)854-0722

410
6TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 3918: Income Tax Law and Practices – II (HONOURS PAPER-2)
(Sem:06/ Paper:16)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
The primery purpose of taxation is to raise revenue to meet huge public expenditure. Most
governmental activities must be financed by taxation. But it is not the only goal. In other
words, taxation policy has some non-revenue objectives.

Truly speaking in the modern world, taxation is used as an instrument of economic policy. It
affects the total volume of production, consumption, investment, choice of industrial location
and techniques, balance of payments, distribution of income, etc.

LEARNING OBJECTIVES:

1. Taxation, as an instrumentality of public finance, wields profound impact on the


economy, trade, industry, individuals and society. It makes a critical study for law
students in term of jurisprudence, constitution, broader policy issues and statute and
business environment.

2. Modern era assigns three prominent tasks to taxation:

a. Firstly, augmentation of revenue;


b. Secondly, redistribution of wealth in society and
c. Thirdly, regulatory measure to steer economic activity.

3. Accordingly this course aims to impart theoretical, practical, jurisprudential and


constitutional underpinnings of the subject. In the process, the course seeks to adopt
informational and analytical approach of study.

4. It is expected that at the end of the course, students will emerge with strong
foundational understanding of concepts, appreciate various policy issues involved and
have an insight into practical and theoretical aspects of direct tax.

Course Objectives

The primary purpose of taxation is to raise revenue to meet huge public expenditure. Most
governmental activities must be financed by taxation. But it is not the only goal. In other
words, taxation policy has some non-revenue objectives.

411
Truly speaking, in the modern world, taxation is used as an instrument of economic policy. It
affects the total volume of production, consumption, investment, choice of industrial location
and techniques, balance of payments, distribution of income, etc.

TEACHING LEARNING METHODOLOGY:

This course will be taught by a combination of:

1) Lecture Session
2) Role plays
3) Quiz
4) Case Study
5) Judgment Reading
6) Case law – Research
7) Presentations

MODULE I: PROFIT AND GAIN FROM BUSINESS AND PROFESSION

Introduction: “Profit and gains of business or profession” is one of the heads of


income under the Income Tax Act. For the purpose of ascertaining the tax liability of a
taxpayer, the Income Tax Act divides the taxable income of an assessee into five categories
or heads of income. Business profits is the third head of income under the Act, after salaries
and house property income. This head is used to classify or aggregate income which the
taxpayer generates through business or professional activities. While filing an income tax
return, the taxpayer must declare the amount of profits and gains of business or profession in
case the assessee is having any such income. In this article, we mention the procedure for
calculating Profits and Gains of Business or Profession.

1.1. Basis of charge


1.2. Method of accounting - How far relevant for computing business income
1.3. Scheme of business deductions/allowances
1.4. Specific deductions under the Act
1.5. Specific disallowances under the Act
1.6. Deemed profit
1.7. Special provisions for computing income on estimated basis - Sections 44AD and
44AE
1.8. Related problems
Course takeaway:

What is ‘Business’?What is ‘Profession’?What are the ‘profits and gains’?What are the
general principles governing the computation of taxable income under the head "profits
and gains of business or profession?What books of account have been prescribed to be
maintained by a person carrying on business under the Income tax Act?Are professionals
required to maintain any books of account under the Income tax Act?I am a small time

412
trader. Do I need to maintain any accounts?Where should the books of account of my
business be kept and for how long?Do I have to keep an accountant to maintain my
account?What is meant by audit of the books of account?In my business it is impossible
to issue bills for every transaction. How can I be expected to maintain proper accounts?I
am a medical practitioner. Do I need to maintain any accounts?How do I take full
advantage of all my business related expenses?Can I save tax by distributing my business
income?

Number of hours: 14

MODULE II : CAPITAL GAIN

Introduction:Simply put, any profit or gain that arises from the sale of a ‘capital asset’ is a
capital gain. This gain or profit is comes under the category ‘income’, and hence you will
need to pay tax for that amount in the year in which the transfer of the capital asset takes
place. This is called capital gains tax, which can be short-term or long-term. Capital gains are
not applicable to an inherited property as there is no sale, only a transfer of ownership. The
Income Tax Act has specifically exempted assets received as gifts by way of an inheritance
or will. However, if the person who inherited the asset decides to sell it, capital gains tax will
be applicable.

2.1. Basis of charge


2.2. Meaning of capital assets
2.3. Transfer of capital assets
2.4. capital gains - How computed
2.5. Capital gain in certain special cases - How to compute
2.6. Short-term/long-term capital gains - How charged to tax
2.7. Related problems

Course takeaway: What Incomes Are Charged To Tax Under The Head “capital
Gains”?What Is The Meaning Of Capital Asset?What Is The Meaning Of The Term ‘long-
term Capital Asset’?What Is Long-term Capital Gain And Short-term Capital Gain?Why
Capital Gains Are Classified As Short-term And Long-term?Is The Benefit Of Indexation
Available While Computing Capital Gain Arising On Transfer Of Short-term Capital
Asset?In Respect Of Capital Asset Acquired Before 1st April, 2001 Is There Any Special
Method To Compute Cost Of Acquisition?If Any Undisclosed Income [in The Form Of
Investment In Capital Asset] Is Declared Under Income Declaration Scheme, 2016, Then
What Should Be The Cost Of Acquisition Of Such Capital Asset?As Per The Income-tax
Law, Gain Arising On Transfer Of Capital Asset Is Charged To Tax Under The Head “capital
Gains”. What Constitutes ‘transfer’ As Per Income-tax Law?What Are The Provisions
Relating To Computation Of Capital Gain In Case Of Transfer Of Asset By Way Of Gift,
Will, Etc.?I Have Sold A House Which Had Been Purchased By Me 5 Years Ago. Am I
Required To Pay Any Tax On The Profit Earned By Me On Account Of Such Sale?Are Any

413
Capital Gains Exempt Under Section 10?Are There Any Bonds In Which I Can Invest My
Capital Gains To Claim Tax Relief?

Number of hours: 14

MODULE III: INCOME FROM OTHER SOURCES

Introduction:Understanding the head of Income from Other Sources is residuary in


nature. It includes incomes which are not taxable in other heads of income.Income from
Other Sources is one of the heads of income chargeable to tax under the Income tax Act.
1961. Any income that is not covered in the other four heads of income is taxable under
income from other sources, because of this, it is known as residuary head of income. All the
incomes excluded from salary, capital gains, house property or business & profession (PGBP)
are included in IFOS, except those which are exempt under the Income Tax Act

3.1. Basis of charge


3.2. Dividend - How taxed
3.3. Computation of winning from lotteries, crossword puzzles, horse races,
card games etc.
3.4. Taxation of gift
3.5. Permissible deductions from income from other sources
3.6. Specific disallowances
3.7. Related problems
3.8. Case Laws:

Course takeaway: Answer the following questions with brief reasons / working: (i) Mr. Rao
sold a vacant site to Mr. Jain in August, 2014 for ` 5 lakhs. The stamp duty valuation of the
site at the time of sale was ` 8 lakhs. The difference of ` 3 lakhs was taxed as income in the
hands of Mr. Jain under the head 'other sources'. Now in March, 2016 Mr. Jain sold the
vacant site for `12 lakhs. What is the cost of acquisition of site to be adopted by Mr. Jain? (ii)
Mr. Ajit is employed with XY Co. Ltd. at Mumbai from 01.04.2015. The company took
accommodation on lease basis which cost ` 3 lakhs per annum. Mr. Ajit is eligible for salary
plus DA of ` 1 lakh per month. The employer's annual contribution to the recognized
provident fund account of Mr. Ajit is ` 1,20,000. What is the perquisite value of
accommodation liable to tax in the hands of Mr. Ajit? (iii) Balaji Ltd, a textile manufacturing
company paid ` 15 lakhs as contract payments to M/s. Ramesh Engineers (a partnership firm)
for construction of godown building. At what rate the tax is deductible at source on such
contract payment?

Number of hours: 14

414
MODULE IV : SET OFF AND CARRIED FORWARD OF LOSSES

Introduction:If the losses could not be set off under the same head or under different
heads in the same assessment year, such losses are allowed to be carried forward to be
claimed as set off from the income of the subsequent assessment years. All losses are not
allowed to be carried forward. The following losses are only allowed to be carried forward
and set off in the subsequent assessment years
4.1. Mode of set off and carried forward of losses
4.2. Inter-source management - How made
4.3. Inter-head management - How made
4.4. Carried forward of loss - How to set off
4.5. Carried forward and set off of loss and depreciation - When permissible in
the hands of
amalgamated and demerged company or co-operative bank
4.6. Related problems
Course takeaway):

1: I have a loss from house property of Rs. 2.5 lakhs as I have paid interest on
home loan taken for purchase of my own house. I have earned salary income of
Rs. 8 lakhs. Can I reduce my loss from house property against income from
salary?
2: I own two houses – one is self-occupied and other is rented. On self-occupied
house property, I have paid interest of Rs. 2.5 lakhs on home loan taken for
purchase of house. From rented house, I have earned rental income of Rs. 4
lakhs. Can I adjust loss on interest paid from self-occupied with my rental
income?
3: I have earned a rental income of Rs. 1,20,000/- p.a. and paid interest on home
loan of Rs. 2,30,000/- taken for purchase of the same house. I have also earned
business income of Rs. 5 lakhs during the year. How can I adjust the loss of Rs
2,30,000/- against income earned?

4: I have earned rental income of Rs. 5 lakhs and interest paid on home loan
taken for rented property is Rs. 4 Lakhs. Can I adjust full interest of Rs 4 Lakhs
against my rental income or up to Rs 2 Lakhs?

Number of hours: 14

MODULE V : MISCELLANEOUS PROVISIONS

Introduction:Clubbing of income means including the income of any other person in


assessee’s total Income. The Income Tax Act has specified certain cases where income of one
person is statutorily required to be included in the income of another person if some

415
conditions are satisfied. This inclusion is known s “ Clubbing of Income” For example , if a
husband diverts some part of his income to his wife to reduce his tax burden, Then such
transferred income of a wife is added & taxed as income of husband only & not his wife

5.1. Income exempted from tax u/s 10


5.2. Scheme of partial integration of non-agricultural income with agricultural income
5.3. Clubbing of income

Course takeaway:What is the meaning of Clubbing of Income ?Do any clubbing provisions
exist in case of transfer of income without transfer of asset ?Can remuneration received by
spouse of an individual be clubbed with his/her income ? Can income from assets transferred
to spouse without adequate consideration be clubbed with the income of transferor-spouse ?
Can income from assets transferred to son’s wife without adequate consideration be clubbed
with the income of transferor, i.e., father-in-law / mother-in-law ? Can income from assets
transferred to any person for the benefit of spouse or for the benefit of son’s wife without
adequate consideration be clubbed with the income of transferor ? Is minor child’s income
clubbed with the income of parent ? Are monetary gifts received from friends liable to tax ?

Number of hours: 14

CASE REFERENCES

1. Raj Dadarkar and Associates v. Assistant Commissioner of Income Tax [2017] 394 ITR
592 (SC)
2. CIT v. K and Co. (2014) 364 ITR 93 (Del)
3. I.C.D.S. Ltd. v. CIT (2013) 350 ITR 527 (SC)
4. CIT v. BSES Yamuna Powers Ltd (2013) 358 ITR 47 (Delhi)
5. CIT v. Smifs Securities Ltd. (2012) 348 ITR 302 (SC)
6. Principal CIT v. Ravjibhai Nagjibhai Thesia (2016) 388 ITR 358 (Guj)
7. CIT v. Manjula J. Shah (2013) 355 ITR 474 (Bom.)
8. CIT v. Gita Duggal (2013) 357 ITR 153 (Delhi)
9. CIT v. Syed Ali Adil (2013) 352 ITR 0418 (A.P.)
10. CIT v. Kamal Wahal (2013) 351 ITR 4 (Delhi)
11. Gopal & Sons (HUF) v. CIT (2017) 391 ITR 1 (SC)
12. Movaliya Bhikhubhai Balabhai v. ITO (TDS) (2016) 388 ITR 343 (Guj)
13. CIT v. Parle Plastics Ltd. (2011) 332 ITR 63 (Bom.)
14. CIT v. Vir Vikram Vaid (2014) 367 ITR 365 (Bom)
15. Pradip Kumar Malhotra v. CIT (2011) 338 ITR 538 (Cal.)
16. CIT v. Manjoo and Co. (2011) 335 ITR 527 (Kerala)
17. CIT v. Govind Nagar Sugar Ltd.
18. CIT v. Shilpa Dyeing and Printing Mills (P.) Ltd. [2013] 219 Taxman 279 (Guj.).
19. CIT v. Madhukant M. Mehta (2001) 247 ITR 805
20. Pramod Mittal v. CIT (2013) 356 ITR 456 (Delhi)

416
21. Saroj Aggarwal v. CIT (1985) 156 ITR 497 (SC)
22. CIT v. Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466
23. CIT v. Soundarya Nursery (2000) 241 ITR 530
24. B. Nagi Reddi v. CIT (2002) 258 ITR 719
25. Brihan Maharashtra Sugar Syndicate Ltd. v. CIT [1964] 14 ITR 611 (Bom.). (Book page
798)v. ITO v. Gajanan Agro Farms [2013] 142 ITD 571 (Pune).
BOOKS
1. Direct Tax Law and Practice by Dr. VinodSinghania and Dr. Kapil Singhania (Taxmann
Publication)
2. Income Tax by by Dr. VinodSinghania and Dr. Monica Singhania (Taxmann Publication)

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)


1. Law & Practice Relating to Income Computation & Disclosure Standards by B D
Chatterjee and
Chintan N. Patel (Taxmann Publication)
2. Taxmann’s Income Tax Act, edited by U.K. Bhargava
3. Taxmann’s Income Tax Rules

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module 1:PROFIT AND GAIN FROM Computation of taxable profits, allowances,


BUSINESS AND disallowances, presumptive income
PROFESSION

Module 2: CAPITAL GAIN


Capital assets, capital gain, tax savings
method

Module 3: INCOME FROM OTHER


SOURCES Taxation of gift, how dividend taxed

Intra-head, inter-head, carry forward, set off


Module 4:SET OFF AND CARRIED
FORWARD OF LOSSES

Module 5: MISCELLANEOUS Clubbing of income, agricultural income,


PROVISIONS exemptions of income

417
LIST OF RESOURCE PERSONS

I. National

Ishan Bhatt
Junior Partner Lakshmikumaran Sreedharan V. K Singhania
Ishan.bhatt@lakshmisri.com Author of Income Tax Law and
Practice book Taxmann Publication
vks @ taxmann.com

II. International

Professor Dr Sjoerd Douma Nirvikar Singh


Email Id: douma@lubbersboerdouma.com Distinguished Professor of Economics at the
University of California, Santa Cruz (UCSC)

Email Id: boxjenk@ucsc.edu


Contact: 831-459-4093

418
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4011: FAMILY LAW II
(Sem 07/Paper -01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:
This course helps to create awareness and educate the students about rights and duties of
members of family towards each other, with special reference to spousal relationship.It
primarily covers the concept of Undivided Family of the Hindu law, the provisions relating to
intestate and testamentary succession applicable to persons of all denominations and other
provisions relating to marriage, succession. It also gives an overview to the students and
enhance their understanding on Family Courts and Mediation and Conciliation Centres.

2. Learning Objectives:
3. This Course will enable students to acquire an understanding of the concept of Joint
Hindu Family.

4. The objectives of the course is to disseminate knowledge on succession: intestate and


testamentary.

5. This course will make the students aware on endowments, laws relating to adoption,
gift.

6. The students will also learn to discuss the functions and jurisdiction of Family Courts.

7. Further, it will help the students to explore the emerging concept of Uniform Civil
Code.

8. This course will focus on analyzing the appropriateness of different approaches to


solving well defined problems and communicate outcomes in a structured and clear
manner

3. Teaching Learning Methodology:


 Lecture method
 Case Study
 Group discussions and Presentations
 Inviting specialized persons in this field for delivering lectures (Skill
components)

419
Module I: Introduction
Introduction:This module aims to impart an understanding on the different elements of an
Undivided Hindu Joint Family
1. Meaning of Law of Inheritance and Succession
2. Hindu Woman Right to Property Act, 1937
3. Institution of Joint Family and coparcenary
4. Separate and coparcenary property
5. Karta of the Joint Family – His Position and Powers
Course takeaway: The students will be able to understand the inheritance of property in a
Hindu Joint Family.
Number of hours: 15

Module II: Intestate Succession: Inheritance


Introduction :The objective of this module is to disseminate knowledge on intestate
succession.
2.1 Hindu Succession Act, 1956 – Law and Development
2.2 General Rules of Succession
2.3 Succession of property to Hindu Male
2.4 Succession to the property of a Hindu Female
2.5 General Rules of succession among Muslim (Hanafi Law)
Course takeaway: At the end of this module the student will be equipped with the in-depth
knowledge of inheritance i.e.intestate succession under different personal laws.
Skill component:Calculation of Devolution of Property as per intestate succession amongst
heirs
Number of hours: 15

Module III: Testamentary Succession


The objective of this module is to disseminate knowledge on devolution of property through
testaments as per different personal laws.
3.1 Will and codicil
3.2 Administration of will
3.3 Property that can be bequeathed by a will
3.4 Privileged and unprivileged will
3.5 Wasiyat – Muslim will
Course takeaway: At the end of this module the student will be equipped with the in-depth
knowledge of devolution of property through Testaments.
Skill component: Drafting of Will.
Number of hours: 11

Module IV: Adoption:


This course will make the students aware on laws relating to adoption under Hindu
Law and will also lay emphasis on Inter- Country Adoptions.

420
4.1 Concept of Adoption
4.2 Adoption under Hindu Law
4.3 Capacity of a Hindu Male and Female to Adopt Son & Daughter.
4.4 Effects of Adoption.
4.5 Inter- Country Adoptions.
Course takeaway: .It will help the students to understand the process and effects of
adoption and legal necessities in Hindu law and Inter-country Adoptions
Skill component: Drafting of Adoption deed
Number of hours: 11
Module V: Gift and Endowment:

The object of this module is to make the students aware on endowments and gifts.
5.1 Concept and meaning of Gifts
5.2 Hiba, Donatio Mortis Causa and Marz-ul-maut
5.3 Religious endowment
5.4 Public and Private Endowment
5.5 Position of Shebait and Mahant
Course takeaway: .It will help the students to understand the difference between gifts and
endowments
Skill component: Drafting of Gift Deed and Deed of Endowment.
Number of hours: 09

Module VI: Family Court & Uniform Civil Code:


This module will help students learn to discuss the functions and jurisdiction of
Family Courts. Further, it will help the students to explore the emerging concept of
Uniform Civil Code.
6.1. Concept of Family Court.
6.2. Jurisdiction of family Court.
6.3. Concept of Uniform Civil Code
6.4. Uniform Civil Code and Personal Law.
Course takeaway: This module at the end will help students understand the nuances of
Judicial proceedings in different family matters/disputes.
Skill component: Process of Reconciliation between parties to a marriage.
Number of hours: 09

4. Case Law Study:


1. Mallesappa Bandeppa Desai and Ors. Vs. DesaiMallappa and Ors. (AIR 1961 SC
1268)
2. Gowli Buddanna Vs. Commissioner of Income Tax, Mysore (AIR 1963 SC 1523)
3. Smt. Sitabai &Anr. V Ramchandra (AIR 1970 SC 343)
4. Shankarrao Dejisaheb Shinde (Since Deceased) by Heirs Vs. Vithalrao Ganpatrao
Shinde and Ors.(1989 Supp (2) SCC 162)
5. State Bank of India v Ghamandi Ram (AIR 1969 SC 1330)

421
6. N. Jayalakshmi Ammal and another Vs.R. Gopala Pathar (1995 Supp (1) SCC 27)
7. Bhagat Ram v Teja Singh (AIR 2002 SC 1)
8. Prakash v Phulavati (2016 (2) SCC 36
9. Shalini Suman Raut v Milind Suman Raut (2013 (1) AIR BOM R 713)
10. Gyasiddin v Allah Tala Waqf Mausuma (AIR 1986 ALL 39)
11. Sunita Shivdasani v Geeta Gidwani (AIR 2007 DEL 242
12. Lakshimikant v. Union of India (AIR 1984 SC 469):
13. Ram Das Alias Ram Surajvs Smt. Gadiabai&Ors (AIR 1997 SC 1563):
14. Smt. Anokhavs The State Of Rajasthan &Ors (AIR 2004 SC 2820)
15. Jameela v. Sheik (AIR 1979 Mad 193)
16. Noor Jahan v. Muftkhar Dad Khan (AIR 1970 All 170)
17. Krishna Singh v. Mathura Ahir (AIR 1980 SC 707)
18. K. Abdul Jaleel v. T.A. Sahida (AIR 2003 SC 2525)
19. Lata Pimple v. Union of India (AIR 1993 Bom 255)
20. Mohd. Ahmed Khan v Shah Bano Bgum (1985) 2 SCC 556
21. Smt. Sarla Mudgal v Union of India (1995) 3 SCC 635
22. Shayara Bano v Union of India (2017)9 SCC 1
23. Muniananjappa v. R. Manual (AIR 2001 SC 1754)
24. BeniBai v. Raghubir Prasad (AIR 1999 SC 1147)

5. Text books :
1. Dr. Paras Diwan – Family Law (10thEdn) Allahabad Law Agency
2. Family Law Lectures – Family Law I (English) 3rd Edition (Paperback) Poonam
Pradhan Saxena (Lexis Nexis
3. Family Law in India – H K Saharay (Eastern Law House)

6. Researched articles reference:

1. M.P. SINGH, UNIFORM CIVIL CODE, LEGAL PLURALISM


AND THE CONSTITUTION OF INDIA, 5 J. Indian L. & Soc'y V 2014
2. Anil Malhotra and Ranjit Malhotra, HINDU LAW AND UNIFORM CIVIL CODE-
THE INDIAN EXPERIENCE, 2007 Int'l Surv. Fam. L. 101 2007
3. Shimon .Shetreet, ACADEMIC BLUEPRINT FOR THE IMPLEMENTATION
4. OF A UNIFORM CIVIL CODE FOR INDIA, 2011 Utah L. Rev. 97 2011
5. iv. K. M. SHARMA, CIVIL LAW IN INDIA, 1969 Wash. U. L. Q. 1 1969

Advanced readings:
1. The Hindu Succession Act, 1956 with recent amendments
2. Indian Succession Act, 1925
3. The Hindu Women’s Right to Property Act, 1937
4. Mulla - Hindu Law (Updated 21st Ed. 2013) HB (English) 21st Edition by Mulla DF
(Lexis Neexis)
5. Mayne’s Hindu Law & Usage – AlladiKuppuswami

422
6. Mayne’s Treatise on Hindu Law & Usage (English) 17th Edition by Ranganath Mishra
&Vijendra Kumar (Bharat Law House Pvt. Ltd.)
7. D.H. Chaudhari – The Hindu Succession Act, 1956 AsafFyzee – Outlines of
Mahomedan Law (Oxford University Press) 5th Revised Edn
8. Introduction to Muslim Law (English) by Tahir Mahmood and SaifMahmood
(Universal Law)
9. Family Law Lectures – Family Law I (English) 3rd Edition Kusum (Lexis Nexis)
10. Principles of Mahomedan law by D F Mulla (English) Updated 20th Edition
Incorporating the Wakf Amendment Act 2013 (Lexis Nexis)
11. Mohammadan Law – Amir Ali (EBS)
12. Law of Intestate & Testamentary Succession – Paras Dewan (Wadha)
13. The Children’s Code – Justice V R Krishna Iyer (Universal Law Pub)
14. Handbook on Hindu Succession: Property Rights of Women and Daughters (English)
4th Edition (Paperback) by P K Das (Universal Law Pub)
15. Halsburys Laws of India Volume 20: Family Law II 2nd Edition (Hardcover) by
Halsbury (Lexis Nexis)
16. Cases and Materials on Family Law – Kusum (Universal Law Pub)
17. Family Law Vol – I - Family Law, Customs & Constitutional Claims (English)
(Paperback) by Flavia Agnes (Oxford University Press)
18. Family Law Vol – II – Marriage, Divorce & Matrimonial Litigation (English)
(Paperback) by Flavia Agnes (Oxford University Press)
19. Hindu Law: Family Law – I – 2014 Myneni, S R
20. Muslim Law: Family Law – II – 2014 Myneni, S R
21. Christian Law in India: Revision of Law of Matrimonial Causes – 2010, Rao.

Module Skill Component

Module 1: Introduction Identifying Coparcenors and their share under Joint


Hindu Family

Module 2: Intestate Succession: Calculation of Devolution of Property as per intestate


Inheritance succession amongst heirs

Module 3: Testamentary
Succession Drafting of Will.

Module 4: Adoption Drafting of Adoption deed

Module 5: Gift and Endowment


Drafting of Gift Deed and Deed of Endowment
Process of Reconciliation between parties to a
Module 6: Family Court & marriage.
Uniform Civil Code

423
Resource Persons
1. National
i. Prof. Vijender Kumar
ii. Prof. Keshav Rao
iii. Prof. Lalit Kumar Deb
iv. Prof. Poonam Pradhan Saxena
v. Prof. Salim Akhtar, retired AMU
vi. Prof. Gangotri Chakraborty, NBU
2.International
i. Lucinda Ferguson, Associate Professor of Family law, Oriel college, University of Oxford
ii. Elizabeth Scott Harold R. Medina Professor of Law Vice Dean for Curriculum
Columbia Law School
iii. Professor Leong Wai Kum, National University of Singapore
iv. Malathi DAS, Adjunct Professor, National University of Singapore

424
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4013: INTERPRETATION OF STATUTES AND PRINCIPLES OF
LEGISLATION
(Sem 07/Paper -02)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description: As lawyers, interpreting the statutes drafted by legal experts and
understanding the expression of the will of the legislature, as such it is expected in the
language
used and also creates new room for interpretation and construction. This course will help in
applying the law, that the courts are engaged in and unfolding the meaning of ambiguous
words
and expressions and resolving inconsistencies.

Learning Objectives:
1. To understand the process of interpretation.
2. To understand the rules, maxims, presumptions and other principles of interpretation,
3. To understand the application of the various principles by the Courts.
4. To understand the interpretation of specific types of statutes.
5. To know what are the techniques adopted by courts in construing statutes and the
importance of the law making process in the present context.
6. To analyse the legislative intent of statute and various principles pertaining to it.

Teaching Method: The teaching learning shall be a mixed hybrid of lecture method, case-
studies, discussion and group- presentation to realize the maximum value assimilation of the
subject.

MODULE I- INTRODUCTION
The object of this module is to enable the students to understand the process of interpretation
using different rules of statutory interpretation.
1.1. Statute: Meaning and Nature
1.2. Classification of Statutes - Declaratory Statutes, Codifying Statutes, Consolidating
Statutes, Remedial Statutes and Enabling Statutes
1.3. Meaning, Purpose and Kinds of Interpretation
1.4. Difference between “Interpretation” and “Construction”
1.5. The Process of Law Making

1.6. Rules of Construction under General Clauses Act, 1897: An overview of important
definitions and provisions
Course Takeaway – Understanding the basics of bill drafting and use of interpretation of
statutes.

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Skill Component: Drafting a Bill, Understanding the relevancy of words used in a statute
Number of Hours - 12

MODULE II- GENERAL RULES OF INTERPRETATION


This module will be discussed in case law method. The object of this module is to enable the
students to understand the process of interpretation using different rules of statutory
interpretation.
2.1 Literal rule: The Primary Rule
2.2 Golden rule
2.3. Mischief Rule
2.4. Rule of Purposive Construction
2.5. Rule of Strict Interpretation (penal & tax Statutes)
2.6. Rule of Harmonious Construction

Course Takeaway - Conceptual clarity & understanding of the module, where one
problem-based
question and one multiple-choice question will be asked.
Skill Component: Students will be given hypothetical case situations like a moot court and
will have to defend their arguments on basis of rule they applied to conclude.
Number of Hours - 12
MODULE III – APPLICATION OF MAXIMS IN STATUTORY INTERPRETATION
This part seeks to understand the present relevance and importance of Legal Maxims in the
Light
of Interpretation of Statutes.
3.1 Noscitur a sociis
3.2 Ejusdem generis & Reddendo singula singulis
3.3 Expressio unius exclusio alterius
3.4 Generalia specialibus non derogant
3.5 Ut res magis valet quam pareat
3.6 The need for a dynamic approach in application of maxims and judicial trends.
Course Takeaway- This module would test the conceptual clarity of the students and would
nudge the students to efficiently apply their understanding in a fictitious question.
Skill Component: Application of maxims and understanding their ambit and usage in case
studies.
Number of hours- 8

MODULE IV- INTERNAL AIDS TO INTERPRETATION


This part reflects the internal aids to interpret a statute involve examining the statute so that
the
meaning may be extracted from its composition and structure.
4.1 Preamble and Long title
4.2 Headings and marginal notes.
4.3 Punctuations and brackets

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4.4 Illustrations, exceptions, provisos
4.5 saving clauses and schedules
4.6 Non-obstante clause.
Course Takeaway- This module would test the conceptual clarity of the students and would
nudge the students to efficiently apply their understanding in a fictitious question.
Skill Component: How to read a Bare Act is an art and learning this art would be helpful to
deal with the technical matters which can be well expressed by a senior advocate of Higher
Courts.
Number of hours- 10

MODULE V- EXTERNAL AIDS TO INTERPRETATION


These part is where external aids which are useful tools not only for the proper and correct
interpretation or construction of the statutory provision but also for understanding the object
of
the statute.
5. 1 Dictionaries
5.2 Translations
5.3 Travaux Preparatiores
5.4 Statutes in Pari Materia
5.5 Contemporanea Exposito
5.6 Debates, inquiry commission reports and Law Commission reports

Course Takeaway- This module would test the conceptual clarity of the students and would
nudge the students to efficiently apply their understanding in a fictitious question.
Skill Component: Understanding the needs of external aids to read a statute and implement
in
the case in hand.
Number of hours- 10

MODULE VI- PRINCIPLES OF CONSTITUTIONAL INTERPRETATION


6.1. Harmonious construction
6.2. Doctrine of pith and substance, Colorable legislation and Eclipse
6.3. Ancillary and residuary powers
6.4. Doctrine of repugnancy
6.5. Doctrine of Territorial Nexus
6.6 Presumptions in Statutory Interpretation and operation of statutes
Course Takeaway: Learners would know the shifting approach of the courts in interpretation
of case by Supreme Court from textualism to transformative to socio-economic perspective.
Skill Component: Report preparation after comparative analysis of application of doctrines
in
different countries.
Number of hours: 12

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CASE REFERENCES:
1. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
2. R.M.D.C. v. Union of India, AIR 1957 SC 628
3. K.M. Nanavati v. State of Bombay, AIR 1961 SC 112
4. Axis Bank Ltd. v. Mira Gehani, 2019 SCC Online Bom 358
5. State of W.B. v. Anwar Ali AIR 1952 SC 75
6. Re Kerala Education Bill AIR 1958 SC 956
7. Smith v. Huges [1960] 1 W.L.R. 830
8. Bengal Immunity Co. v State of Bihar AIR 1955 SC 661
9. Bengal Immunity v. State of Bihar AIR 1955 SC 661
10. A.K.Gopalan V. State of Madras AIR 1950

Text Books
1. P. Singh, Principles of Statutory Interpretation, Wadhwa & Co.
2. Vepa P. Sarathi, Interpretation of Statutes, Eastern Law Book Co.
3. Maxwell- Interpretation of Statutes, 12 th Ed., LexisNexis Butterworths.,2006

Reference Books
1. Bentham’s Theory of Legislation by Upendra Baxi LexisNexis Butterworths 7 th Edition
(2006). Introduction, Pp.1-52
2. N.K. Chakrabarti- Principles of Legislation and Legislative Drafting, 2 nd Ed., R.Cambray
Pvt Ltd, 2010 Pp. 49-68,111-121.
3. Theory of Legislation, Bentham (1840), translated from the French of Etienne Dumont,
by Richard Hildreth, (2004).
4. Brain Bix, Jurisprudence, Theory and Context, Sweet and Maxwell, South Asia Edition,
6 th Edition Pp.01-216, 107-115, 408-415.
5. Martha C. Nussbaum, Frontiers of Justice, Oxford University Press,2007, P.p 01-216,
408-415
Articles
1. Freund, E. (1916-1917). Interpretation of statutes. University of Pennslyvania Law
Review and American Law Register, 65(3), 207-231.
2. Dharmananda, J. (2019). Drafting statutes and statutory interpretation: Express or
assumed rules?. Monash University Law Review, 45(2), 401-434.
3. Ekins, R. (2017). Objects of interpretation. Constitutional Commentary, 32(1), 1-26.
4. Interpretation of Statutes. Legislative Powers , Harvard Law Review, Vol. 10, No. 2 (May
25, 1896), pp. 124-125
5. Ernst Freund, Interpretation of Statutes, , Vol. 65,1917,University of Pennsylvania Law
Review and American Law Register, P.207
6. Anthony D'Amato , Can Legislatures Constrain Judicial Interpretation of Statutes?
a. Virginia Law Review, Vol. 75, No. 3 (Apr., 1989), pp. 561-603
7. Jan van Zyl Smit , The New Purposive Interpretation of Statutes: HRA Section 3 after
Ghaidan v Godin-Mendoza , The Modern Law Review, Vol. 70, No. 2 (Mar., 2007), pp.
294-306

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8. Nicholas S. Zeppos , Legislative History and the Interpretation of Statutes: Toward a Fact-
Finding Model of Statutory Interpretation , Virginia Law Review, Vol. 76, No. 7 (Oct.,
1990), pp. 1295-1374
9. James Donato , Dworkin and Subjectivity in Legal Interpretation, Vol. 40 Stanford Law
Review, July 1988, P.1517.
10. Nalini Rajan , John Rawls (1921-2002) , Economic and Political Weekly, Vol. 37, No. 49
(Dec. 7-13, 2002), pp. 4894-4895

Skill Component
Module Skill Component
Module I: introduction Drafting a Bill, Understanding the relevancy of words used in
a statute
Module II: General Rules Of Students will be given hypothetical case situations like a moot
Interpretation court and will have to defend their arguments on basis of rule
they applied to conclude.
Module III: Application Of Application of maxims and understanding their ambit and
Maxims In Statutory usage in case studies.
Interpretation
Module IV: Internal Aids To How to read a Bare Act is an art and learning this art would
Interpretation be helpful to deal with the technical matters which can be well
expressed by a senior advocate of Higher Courts.
Module V: External Aids To Understanding the needs of external aids to read a statute and
Interpretation implement in the case in hand.

Module VI: Principles Of Report preparation after comparative analysis of application


Constitutional Interpretation of doctrines in different countries.

List of Resource Persons


1. Dr. Rakesh Chandra, (Retd. PCS), Special Secretary, Home Department, Government of
UP
Email id - rakeshchandra.81@gmail.com
2. Advocate Dileep Kumar Srivastava, Allahabad High Court (Lucknow Bench); Email id -
dileep.yashvardhan@gmail.com
3. Dr.B.Muthu Kumar, Assistant Professor of Law at Government Law College, Madurai
affiliated to T.N. Dr. Ambedkar Law University; Email id: drbmuthukumar@gmail.com
4. Mr. Praveen Tripathi, Assistant Professor, School of Law, Bennett University; Email id:
praveen.tripathi@bennett.edu.in

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7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4017: BANKING AND INSURANCE LAWS
(Sem 07/Paper -03)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
To offer them an opportunity to understand, realize and appreciate the various legal
intricacies involved in banking and insurance laws as well as to develop conceptual and
transitional skills of the same.

LEARNIG OBJECTIVES:
The subject will introduce you to the instruments and institutions that play a very major role
in the financial markets – Banking Institutions and insurance sectors. Employment
opportunities with banking and insurance organisations are lucrative and hold great potential
in our country wherein the banking as well as the Insurance sectors are seeking to expand at a
rapid pace. Often, many of these organisations required special knowledge of Banking law
and Insurance laws. Thus, this course is aimed at to provide them the basic theoretical
knowledge, as well as equipping them for dealing with the practical aspect as well.
As a result of this paper, the student is expected
1. To understand the nature of the banking system, how they operate, how they are restrained
in their conduct being depositories of public funds, how the RBI acts as the overarching body
governing ad regulating banking operations etc.
2. To become familiar with the most prominent aspects of the concept of negotiable
instruments: Cheques, Promissory Notes, Bills Of Exchange, Dishonour Of Cheques etc.
3. To understand the intricacies of the banker's relation with his customer.
4. To considering the various recommences the insurance industry provides to the society,
economy, businesses and people on one side and considering the capital invested by the
people by the people through the instrument of insurance on other side, it is mandated to
regulate insurance sector
5. To understand the, regulation exists for ensuring the maximum utilization of the insurance
sector for the benefit of the society and for avoiding the probability of misuse of the
insurance as a instrument related to finance and capital, yet the privatization of insurance
sector in early 90s has made it compulsory to have stricter standards of laws and regulation
over insurance sector.
6. To realize the benefits of insurance, one should be through in adhering the compliances
related to insurance and related products.

TEACHING METHOD:
The course will be taught by combination of:
1. Lecture Sessions;
2. Case Study;

430
3. Judgment Reading;
4. Case law – Research;
5. Presentations.
6. Discussion

MODULE I BANKING AND FINANCIAL INSTITUTIONS


Banks are one of the important pillars that support the edifice of economy of every country
and so too in India. Banking system in its modernized form in India has evolved over the last
two hundred and forty two years and it continues to do so even to the present day. India has a
complex banking structure with Reserve Bank of India (‘RBI’) playing the pivotal role of
Central bank of this country. Apart from its statutory functions (as enshrined in The RBI Act
1934) the RBI regulates Commercial banks, Cooperative banks, Development Banks, All-
India Financial Institutions as well as Non-Banking Financial Companies.

 Definition of Bank, Concepts, historical Background and Evolution in India


 Central Banking and Indian Banking : Structure &Functions
 Social Control and Nationalisation of Banks
 Banker Customer Relationship, including KYC
 Rights, Duty and Obligations of Banks.
 BASEL NORMS I, II, III

THEORY AND SKIL COMPONENT


Taking into consideration the above mentioned, as well as based on the subject matter of the
scientific article, the purpose of the study is to reveal the theoretical and practical features of
the professional competences ’formation and development of the scholars

COURSE TAKEAWAYS

India has one of the largest and a complex Banking system in the world which forms the
backbone its economy where the old and the new banks co exist in the service of the nation,
having evolved over a period of more than two centuries. This module will enable a reader
about the Indian Banking system and its evolution over the last two centuries.

NUMBER OF HOURS: 12 hours

MODULE II
REGULATION OF BANKS
(Reserve Bank of India Act, 1934 &Banking Regulation Act, 1949)
Banking companies are regulated in India through various laws. The principal ones among
them are The Reserve Bank of India Act, 1934 and The Banking Regulations Act, 1949.

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This module will enable a reader to learn about - The Reserve Bank of India Act, 1934 and
its salient features Powers of The Reserve Bank of India Tools of Monetary policy used by
The Reserve Bank of India The Banking Regulation Act, 1949 and its salient features
1. RBI: Structure & Functions (Reserve Bank of India Act, 1934)
2. RBI & its legal framework
3. Business of Banking
4. Protection of Depositors
5. Licensing & Inspection
6. Moratorium & Winding Up
7. Bank Mergers
8. Banking Ombudsman Scheme
THEORY AND SKIL COMPONENT
To exercises control over Banking companies in different ways. This chapter will enable a
reader to learn in detail about :
1. Licensing policy of various banks, Licensing of policy guidelines of branches of
banks
2. Paid Capital and Reserves stipulated for different banks , Shareholding in Banking
Companies and its restrictions
3. Setting up of Subsidiaries of Banking Companies
4. Board of Directors in Banking Companies – Constitution and set-up
5. Control over Management, Directors and other officials of banks
6. Corporate Governance aspects of banks in India
COURSE TAKEAWAYS
RBI regulates banks in terms of powers it derives from The RBI Act, 1934 and The Banking
Regulation Act, 1949 (‘BR Act’). The RBI Act confers power to RBI in the matter of
managing itself as well as discharging its supervisory duties vis-à-vis other banks as well as
powers to function as Monetary Control Authority. The BR Act confers vast powers to RBI
vis-à-vis banks such as issuing directions to banks in the area of Deposit Accounts, interest
rates, advances, foreign exchange, CRR/SLR etc. It also regulates credit in India as per the
clauses of the BR Act. Apart from RBI, banks are also regulated by other regulators such as
Securities and Exchange Board of India, Insurance Regulatory and Development Authority
of India, Registrar of Companies etc.

NUMBER OF HOURS: 12 hours


MODULE III
NEGOTIABLE INSTRUMENTS & BANKING OPERATIONS

To provide an insight of various negotiable instruments and the role of a bank in collecting
and paying these instruments. The module will enable the reader to learn about: What are
negotiable instruments. Important provisions of Negotiable Instruments Act. Collection and
Payment of Negotiable Instruments. Working of clearing house.

432
 Basic Concept of Negotiable Instruments
1. Presentment, Discharge from Liability
2. Rights & Duties of Paying Banker
3. Rights & Duties of Collecting Banker
4. Money Instrument: Certificate of Deposit, Commercial Papers, Treasury Bills,
5. Collateralized Borrowing and Lending Obligations, Call Money, Repo, Reverse
Repo
6. Negotiable instruments: Promissory Note, Bills of Exchange & Cheque
7. Negotiation, Endorsement, Parties & Their Liability
8. Holder, Holder in due course and Payment in due course
9. Crossing of Cheques: General & Special, Not-Negotiable
10. Dishonour of Cheques: Liability

THEORY AND SKIL COMPONENT


The contents is to expose a reader to the types of negotiable instruments, the statutory role
and responsibilities of a banker, related aspects like endorsements, forgeries, implications of
dealing with forged instruments, liabilities thereof, duties of a collecting and paying banker
as set out in the Negotiable Instruments Act, 1881. In addition, an overview of the modern
collection process under Cheque Truncation System is also given to make the reader familiar
with the current process that is in vogue in banking. For an easy understanding of a student,
materially important sections from a professional banker’s point of view from the Act are
discussed

COURSE TAKEAWAYS
As a part of banking operations banks handle many types of Negotiable Instruments such as
Cheques, Bills of Exchange, Demand Drafts etc. on behalf of their customers. Negotiable
Instruments Act, 1881 (NI Act) which governs various aspects of Negotiable Instruments,
deals with duties and responsibilities of a paying bank as well as a collecting bank of such
Negotiable Instruments. To get legal protection under NI Act banks have to adhere to various
provisions as enumerated in the said Act. For making payment and collection of NIs such as
cheques and DDs, Banks use the process of clearing. Cheque Truncation System (CTS) has
been adopted in India in clearing of cheques to speed up customer service, reduce
reconciliation problems, eliminate logistic problems and minimize frauds. CTS is subject to
detailed rules and procedures prescribed by RBI in this regard.

NUMBER OF HOURS: 12 hours

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MODULE IV
DEBT RECOVERY & SECURITISATION
A bank begins a debt recovery process when it seeks money it is owed. A bank takes
recovery action for a number of reasons, but the most common is when a customer fails to
make loan repayments.
Debt recovery may include:
i. Referring the matter to a specialist debt recovery team within the bank
ii. Employing an external debt collection agency to act on its behalf
iii. Selling property over which the bank holds security
iv. Seeking a judgment from the courts to enforce the debts

1. Income Recognition and Asset Classification norms


2. Non Performing Assets
3. Securitisation and reconstruction of financial assets and enforcement of security
interest.
4. Debt Recovery Tribunals: Powers & Appeals
5. Application Procedure in DRT
6. Modes of Debt Recovery & Transfer of Cases

THEORY AND SKIL COMPONENT


This module discuss about the origin and functionality of Nonperforming assets. According
to the RBI guidelines the classification of NPA and the recovery process is discussed step by
step and the impact in the economy at large. The recovery of all outstanding loans due to
banks and financial institutions and the Tribunal’s power to try and settle cases for recovery
of loans and amounts from NPAs as classified by the banks under the RBI guidelines is
elaborately discussed alongwith facilitating securitization of financial assets of banks and
financial institutions with or without the benefit of underlying securities and promotion of
seamless transferability of financial assets by the ARC to acquire financial assets of banks
and financial institutions through the issuance of debentures or bonds or any other security as
a debenture. This module also covers the laws to improve and ease the conducting
card/digital transactions for an individual and also reduce the risks. The history and Role of
banking for better understanding of the establishment of banking system and the regulatory
system

COURSE TAKEAWAYS
This module is to conceptualize the security law and assess the economical impact and legal
issues relevant to it. The legal safeguard for digital and cashless payment is a contemporary
matter to be dealt with so this module is skill based learning. There are plenty scope for
students to opt and learn and implement in practical aspect.
NUMBER OF HOURS: 12 hours

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MODULE V
PRINCIPLES OF INSURANCE LAW-I [10 hours] 
We live in a risky world. Forces that threaten our financial well being constantly surround us
and are largely outside our control. Some people experience the premature and tragic death
of a beloved family member, loss or destruction of their property from both manmade and
natural disasters. There is other group of people where there is no accident but are exposed
to the traumatic effects of a liability lawsuit.
1. Introduction, Insurance Terminology, Nature And History.
2. Contract of insurance and principles. Insurance and Indemnity- Insurance and
Guarantee- Insurance and wager;
3. The Risk – commencement, attachment, assignment.
4. Types of insurances(Life/Non-Life).Group Insurance, Re-insurance, Double
Insurance
THEORY AND SKIL COMPONENT
Insurance plays a crucial role in the sustainable growth of an economy. Insurance law
enables mitigation of losses, financial stability and promotes trade and commerce activities
those results into sustainable economic growth and development. Students are given overall
understanding scope, legal structure, functionalities to grasp the importance of the Insurance
law with measure .

COURSE TAKEAWAYS
The purpose of this module is to unable the students to understand— Meaning and
classification of different types of risk
The meaning of Risk Management
Risk Management process and its different steps
Mechanism of handling risk.
Insurance and reinsurance as a risk transfer tool

NUMBER OF HOURS: 12 hours


MODULE VI
PRINCIPLES OF INSURANCE LAW-II
Insurance is a very technical subject. In Many cases, insurance claim are rejected by the
Insurance companies on some technical grounds. So, while dealing in insurance matters,
finance professional or an investor should understand the basic concepts and principles of
insurance. A well developed and evolved insurance sector is a boon for economic
development of a country. It provides long-term funds for infrastructure development and
concurrently strengthens the risk taking ability of the country. India’s rapid rate of economic
growth over the past decade has been one of the most significant developments in the global
economy. The Indian insurance industry is at the crossroads of development. The industry is
on its way to development and a number of factors govern that growth. The development of
the insurance industry in India is likely to be critically dependent on the nature and quality of
regulation.

435
1. Role of IRDA
2. The Insurance Act, 1938 and the Insurance Regulatory & Development Authority
Act, (IRDA), 2000.
3. Insurance Ombudsman
4. GENERAL INSURANCE-III (MOTOR INSURANCE)
5. Nature and Scope of Motor Insurance, Non-disclosure and Misrepresentation
6. Motor Claims
7. Compulsory Insurance of Motor Vehicles
8. Motor Accidents Claims Tribunal
9. Insurance against third party risks (relevant provisions from Moto Vehicles Act)
10. Personal and Liability Insurance.
11. Consumer Protection and Insurance Services
12. Group life insurance med-claim policy

THEORY AND SKIL COMPONENT


The relevance between banking industry and insurance industry and the legal disputes
relevant to it. Third party risk management for litigation purpose, policy making everything
is clearly inllustrated to students.

COURSE TAKEAWAYS
Market and corporate structure oriented study material and teaching mechanism. Helps
students to understand and incorporate in skill based practice.

NUMBER OF HOURS: 12 hours


Overall, the regulatory environment is favourable and takes care that players maintain
prudent underwriting standards, and reserve valuation and investment practices. The primary
objective for the current regulations is to promote stability and fair play in the market place.
After going through this unit you should be able to understand: Need for a regulation of
insurance business Framework under the Insurance Act, 1938 Insurance Regulatory and
Development Authority, their powers and functions Various areas regulated by IRDA
CASE REFERENCE
1. R C Cooper v. union of India 1970 AIR 564, 1970 SCR (3) 530
2. Sajjan Bank (Pvt.) Ltd. v. Reserve Bank of India, AIR 1961 Mad.
3. Canara Bank v. P.R.N. Upadhyaya (1998) 6 SCC 526
4. Mohammad Akbar Khan v. Attar Singh, AIR 1936 PC 171
5. Ponnuswami Chettiar v. P. Vellaimuthu Chettiar, AIR 1957 Mad. 355
6. Ashok Yeshwant Badeve v. Surendra Madhavrao Nighojakar, AIR 2001 SC 1315 :
(2001) 3 SCC 726
7. Lachmi Chand v. Madanlal Khemka, AIR 1947 All. 52
8. Singheshwar Mandal v. Gita Devi, AIR 1975 Pat. 81
9. Nunna Gopalan v. Vuppuluri Lakshminarasamma, AIR 1940 Mad. 631
10. S.D. Asirvatham v. G. Palniraju Mudaliar, AIR 1973 Mad. 439
11. U. Ponnappa Moothan Sons v. Catholic Syrian Bank Ltd. (1991) 1 SCC 113

436
12. Canara Bank Ltd. v. I.V. Rajagopal (1975) 1 M.L.J. 4
13. London Joint Stock Bank, Ltd. v. Macmillan (1918-19) All ER Rep. 30
14. Shivalingappa v. P.B. Puttappa, AIR 1971 Mys. 273
15. M/s. Tailors Priya v. M/s. Gulabchand Danraj, IR 1963 Cal. 36
16. Great Western Rail Co. v. London & County Banking Co. Ltd. (1900-3) All ER Rep.
1004 (HL)
17. Bapulal Premchand v. Nath Bank Ltd., AIR 1946 Bom. 482
18. Indian Overseas Bank v. Industrial Chain Concern 1990)1 SCC 484
19. Modi Cements Ltd. v. Kuchil Kumar Nandi (1998) 3 SCC 249
20. Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd. (2000) 2 SCC 745: AIR
2000 SC 954
21. Dalmia Cement (Bharat) Ltd. v. Galaxy Traders & Agencies Ltd. (2001) 6 SCC 463: AIR
2001 SC 676
22. MMTC Ltd. v. Medchl Chemicals & Pharma (P) Ltd., AIR 2002 SC 182
23. Goaplast Pvt. Ltd. v. Chico Ursula D’ Souza, AIR 2003 SC 2035: (2003) 9 SCALE 791
32.
24. C.C. Alavi Haji v. Palapetty Muhammed.2007 (7) SCALE 380
25. Dashrath Rupsingh Rathod v. State of Maharashtra (2014) 9SCC129
26. Rangappa v. Sri. Mohan (2010) 11SCC441
27. Laxmi Dyechem v. State of Gujarat and Ors. (2012) 13SCC375
28. Pink v. Fleming (1890) 25 QBD 39
29. Mithoolal Nayak v. Life Insurance Corporation of India, AIR 1962 SC 814
30. Kasim Ali Bulbul v. New India Assurance Co., AIR 1968 J & K 39
31. Smt. Krishna Wanti Puri v. Life Insurance Corporation of India, AIR 1975 Del.
32. Smt. Dipashri v. Life Insurance Corporation of India, AIR 1985 Bom 192
33. Life Insurance Corporation of India v. Asha Goel, AIR 2001 SC 549
34. New India Asssurance Co. Ltd. v. M/s Zuari Industries Ltd. (2009) 9 SCC 70
35. Simmonds v. Cockell (1920) All ER Rep. 162 11. Harris v. Poland (1941) All ER 204: 1
K.B.D. 204

TEXT BOOKS
1. M.L. Tannan, “ Tannan’s Banking Law & Practice in India”, Lexis Nexis
Butterworths Wadhwa Nagpur, New Delhi. ( Vol I, II, III, 22nd ed., 2008)
2. Butterworths Insurance Law Handbook – Andrew Barton, Lexis Nexis, 2011.
3. Modern Law of Insurance – K S N Murthy & Dr. K V S Sarma, Lexis Nexis
Butterworths Wadhwa, 4th Edition, 2009.

REFERENCE BOOKS
1. S K Sarvaria, rev, “S Krishnamurthi Aiyar’s Law Relating to The Negotiable
Instruments Act”, Universal Law Publishing Co. Pvt. Ltd., Delhi.( 9th ed., 2005)
2. S N Maheshwari. S.K. Maheshwari, “ Banking Law and Practice”, New Delhi. (12th
ed., 2005)

437
3. B.R.Sharma,“Bank Frauds: Prevention and Detection”, Universal Law Publishing
Co., Delhi.( 3rd ed., 2009).
4. P.K. Srivastava, “Banking Theory and Practice”, Himalaya Publishing House,
Mumbai. (10th ed. Rep, 2010).
5. International Banking and Finance Law, Mark Hsiao, Principles and Regulations,
6. Law and Practice of International Banking, Charles Proctor, (2010) OUP
7. Butterworths Banking Law Guide, edn by Jason Chuah, Butterworths (2006)
8. Butterworths Insurance Law Handbook – Andrew Barton, Lexis Nexis, 2011.
9. Colinvaux’s Law of Insurance – Robert Merkin, Sweet & Maxwell, 8th Edition,
2006.
10. Insurance Products (Including Pension Products) - Indian Institute of Banking &
Finance, Taxmann Publication (P.) Ltd., 2nd Edition, 2007.
11. MacGillivray on Insurance Law – Nicholas Legh-Jones, Sweet & Maxwell, 11th Edition,
2008.
12. Principles of Insurance Law (Vol.1 & 2) – M.N.Srinivasan & Dr. N.R.Madhava Menon,
Lexis Nexis Butterworths Wadhwa, 9th Edition, 2009.

BOOKS FOR ADVANCE READING


1. R. Goode : Commercial Law,(1995) Penguin, London
2. T. R Ramamurthy,“How to Borrow From Banks & Financial Institutions”, Bharat
Law House Pvt. Ltd., New Delhi (2010).
3. E.P.Ellinger, et al.,“Ellinger’s Modern Banking Law”, Oxford University Press,
Oxford. (4th ed. 2006).
4. Richard Carnell,et al.,“The Law of Banking and Financial Institutions”, Aspen
Publishers, New York. (4th ed. 2009).
5. Arnould’s Law of Marine Insurance and Average – Jonathan Gilman & Robert
Merkin, Thomson Sweet & Maxwell, 17th Edition, 2008.
6. Birds’ Modern Insurance Law - John Birds, Sweet & Maxwell, 1st South Asian
Edition, 2011

STATUTES AND ACTS


1. Reserve Bank of India Act, 1934 (An overview)
2. The Banking Regulation Act, 1949 (An overview)
3. Payments and Settlements Act &National Payments Corporation of India (NPCI)
4. Negotiable Instrument Act
5. The Insurance Act, 1938 
6. The Life Insurance Corporation Act, 1956 
7. The Marine Insurance Act, 1963 
8. The General Insurance Business (Nationalisation) Act, 1972 
9. The Motor Vehicles Act, 1988 
10. The Public Liability Insurance Act, 1991 
11. The Insurance Regulatory and Development Authority Act, 1999

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MODULE SKILL COMPONENTS
MODULE I BANKING Taking into consideration the above mentioned, as well as
AND FINANCIAL based on the subject matter of the scientific article, the
INSTITUTIONS purpose of the study is to reveal the theoretical and practical
features of the professional competences ’formation and
development of the scholars
MODULE II To exercises control over Banking companies in
REGULATION OF BANKS different ways. This chapter will enable a reader to learn in
(Reserve Bank of India Act, detail about :
1934 &Banking Regulation • Licensing policy of various banks
Act, 1949) • Licensing of policy guidelines of branches of banks
• Paid Capital and Reserves stipulated for different banks
• Shareholding in Banking Companies and its restrictions
• Setting up of Subsidiaries of Banking
Companies
• Board of Directors in Banking Companies – Constitution
and set-up
• Chairman of Banking Company
• Appointment of Additional Directors
• Restrictions on Employment by banks
• Control over Management, Directors and other officials of
banks
• Corporate Governance aspects of banks in India

MODULE IIIThe contents is to expose a reader to the types of negotiable


NEGOTIABLE instruments, the statutory role and responsibilities of a
INSTRUMENTS & banker, related aspects like endorsements, forgeries,
BANKING OPERATIONS implications of dealing with forged instruments, liabilities
thereof, duties of a collecting and paying banker as set out in
the Negotiable Instruments Act, 1881. In addition, an
overview of the modern collection process under Cheque
Truncation System is also given to make the reader familiar
with the current process that is in vogue in banking. For an
easy understanding of a student, materially important
sections from a professional banker’s point of view from the
Act are discussed
MODULE IV DEBT This module discuss about the origin and functionality of
RECOVERY & Nonperforming assets. According to the RBI guidelines the
SECURITISATION classification of NPA and the recovery process is discussed
step by step and the impact in the economy at large. The
recovery of all outstanding loans due to banks and financial

439
institutions and the Tribunal’s power to try and settle cases
for recovery of loans and amounts from NPAs as classified
by the banks under the RBI guidelines is elaborately
discussed alongwith facilitating securitization of financial
assets of banks and financial institutions with or without the
benefit of underlying securities and promotion of seamless
transferability of financial assets by the ARC to acquire
financial assets of banks and financial institutions through
the issuance of debentures or bonds or any other security as
a debenture. This module also covers the laws to improve
and ease the conducting card/digital transactions for an
individual and also reduce the risks. The history and Role of
banking for better understanding of the establishment of
banking system and the regulatory system
MODULE V PRINCIPLES Insurance plays a crucial role in the sustainable growth of
OF INSURANCE LAW-I an economy. Insurance law enables mitigation of losses,
financial stability and promotes trade and commerce
activities those results into sustainable economic growth and
development. Students are given overall understanding
scope, legal structure, functionalities to grasp the importance
of the Insurance law with measure .
MODULE VI PRINCIPLES The relevance between banking industry and insurance
OF INSURANCE LAW-II industry and the legal disputes relevant to it. Third party risk
management for litigation purpose, policy making
everything is clearly inllustrated to students.

RESOURCE PERSONS

INTERNATIONAL
1. Peter Alldridge, Draper’s Professor of Law
Email: p.w.alldridge@qmul.ac.uk
2. Dr Franziska Arnold-Dwyer, Lecturer in Insurance Law & Specialism Director for
Insurance Law
Email. f.arnold-dwyer@qmul.ac.uk

NATIONAL
1. Michael Debabrata Patro, Deputy Governor RBI
Email. michaeld.patro@rbi.gov.in
2. Mr. Harsh Kumar, Director , National Institute of Finance Management
3. Thomas Mathews, MD cum CEO of Odisha Capital Market Enterprise Ltd.
Email. mathew@ocme.ac.in

440
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4081: DRAFTING, PLEADING & CONVEYANCING (Clinical Paper)
(Sem 07/Paper -04)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description: This is a kind of practical paper, related to purely procedural aspect of
the legalprofession, wherein it is difficult to explain the concepts theoretically. Depending
upon thefacts of a particular matter students, in the capacity of a lawyer, would be required to
do‘Drafting’ of various applications, petitions and replies etc. of a particular litigation –
whichconstitute part of the court proceedings –falling under ‘Pleadings’; anddocuments,
reflecting conveyance of property from one person to another person.Depending upon the
nature of such dealings/transactions between the parties qua thatproperty nomenclature of
such a document is done. This part falls under‘Conveyancing’.
The students would be required to undertake, under this subject, to dopractical exercises in
the class itself under the guidance of their teacher, after recollectingwhat they have learnt in
the other substantive subjects during their LL.B. Course.
Learning Objectives:
1. To acquaint students with fundamentals of drafting, pleadings and advocacy techniques,
witha focus of simplicity and brevity.
2. To help students develop adequate theoretical account of substantive law in the context
ofdrafting, pleadings and conveyancing.
3. To offer students a systematic analysis of well drafted legal documents.
4. To provide practical orientation and develop necessary acumen in drafting legal
documents.
5. To train students in the art of drafting for courts, various other legal fora, and
transactions.

Teaching Method: As being the clinical paper the Teaching Learning Methodology shall
primarily be on
a) Class Room Exercise,
b) Group Discussion & Lecture Method;
c) Simulation;
d)Home Assignments fundamentals on drafting, pleadings andconveyancing.

MODULE I- INTRODUCTION TO THE CONCEPT OF PLEADING& DRAFTING


This module is focused to clarify the legal precepts and terminologies and functional role of
languages and the parts of Drafting, Pleadings and Conveyancing in framing legal
compositions with precision and beyond ambiguity for Court Proceedings and other legal
transactional matters. The Teaching Learning Methodology would be Group Discussion and
Lecture Method.

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1.1. History and Development of Pleadings in England and India
1.2. Meaning and Importance of Pleading
1.3. Fundamental Rules of Pleading
1.4. Verification & Amendment of Pleadings
1.5. Meaning and Importance of Drafting
1.6. General Rules of Drafting & Important Steps
Course Takeaway – will acquaint students with fundamentals of drafting, pleadings and
advocacy techniques. It is designed to provide practical orientation and inculcate among
students, the necessary acumen in drafting legal documents both for court purposes and
otherwise.
Skill Component: To learn the general rules of drafting and important steps while using the
language skill an expert’s view will help the students to understand the nuances of drafting.

Number of Hours - 6 Hours

MODULE II- DRAFTING OF CIVIL PLEADINGS


This Module focused upon various pleadings under Subsidiary Civil Laws before Civil
Courts, Constitutional Bodies, and Other Quasi-Judicial Bodies for legal proceedings. The
Teaching-Learning Methodology shall be Class-Room Exercise and Simulation.
2.1. Plaint (Order 7 of CPC) - Frame of Suit - Parties to a Suit - Cause of Action - Reliefs -
CourtFees
2.2. Written Statement (Order 8 of CPC) - Set Off and Counter Claim
2.3. Appeals, Revisions and Reviews - Appeals - Revision Petition - Review Petition - Caveat
2.4. Miscellaneous - Affidavit - Injunction Application - Interlocutory Application

Course Takeaway - It is designed to provide practical orientation and inculcateamong


students,the necessary acumen in drafting legal documents both for court purposes
andotherwise
Skill Component: Students will also learn to select the appropriate legal document based on
the legalproceeding or the transaction, format of the document, tone and tenor of the language
to be usedand the art of developing the content of the document in light of the various
controlling legalprovisions.

Number of Hours - 15 Hours


MODULE III- PLEADING UNDER VARIOUS OTHER CIVIL LAWS AND
ANCILIARY DRAFTING :

This Module focused upon various pleadings under Subsidiary Civil Laws before Civil
Courts, Constitutional Bodies, Revenue Bodies, and Other Quasi-Judicial Bodies for legal
proceedings. The Teaching-Learning Methodology shall be Class-Room Exercise, Group
Discussion, Lecture Method and Simulation.

442
3.1 Sub-module Legal Notice under C.P.C. &
Subsidiary Civil Laws

3.2 Sub-module Pleadings of Constitutional Courts,


State/National Commissions, Green
Bench, Consumer Forum, Tribunals
etc.

3.3 Sub-module Pleadings related to various


Subsidiary Civil Laws practiced in
Quasi-Judicial Bodies, like Tenancy,
Land Reforms, Family Courts,
Revenue Courts, etc.

Course Takeaway – The students shall acquaint with various ancillary of drafting and
pleadings techniques. The drafting for other than civil court bodies shall not only expose the
students different nuances drafting of particular forum specific plaint and its objection but
also shall expose them variety bodies of pleadings. The Students shall gain confidence to opt
legal practice in these bodies with specific drafting skills which have not so rigid procedural
application.

Skill Component: To learn the forum specific drafting of plaint and objection.

Number of Hours - 15 Hours


MODULE IV- PLEADING IN CRIMINAL PROCEEDINGS.

4.1 Sub-module Various Pleadings like Complaint,


Bail Petition, F.I.R. Sec. 205, Sec 317,
133, Sec. 107, Sec. 94, Sec. 97,
Cr.P.C. Custody Transfer, etc.

4.2 Sub-module Various Petitions under Subsidiary


Criminal Offences, Like N.I. Act,
Juvenile Justice (Care & Protection)
Act, POCSO Act, etc.

4.3 Sub-module Criminal Revision, Criminal Appeal,


etc.

Course Takeaway - The drafting for the presentation before the Criminal Court is different
to that of the civil court. Here few petitions and steps are key and recurring in nature. The
present module deals imparting the skills to draft those petitions, steps, including others to

443
legal proceedings in Criminal Courts and various other criminal forums. The Teaching-
Learning Methodology shall be Class Room Exercise, Group Discussion and Simulation

Skill Component: Students will learn how to draft the steps, which shall enable them to
meet effectively put recurring steps before the criminal court of law. The students shall also
learn the skill of standing before the Criminal Court on behalf of an accused at different
stages of the criminal proceedings.

Number of Hours - 15 hrs


Module V

This Module is focused upon the framing of various forms of Conveyance and different parts
of the Deed and Documents, the operative parts of the Deeds, the practical aspects of Stamp
Duty and Registration Fees. The Teaching-Learning Methodology shall be Lecture Method,
Discussion Method, Class Exercise Method and lastly Application text through Home
Assignments.

MODULE V: Conveyancing – Meaning –


Documents – Deeds – Types of
Deeds – Components – Capacity
to Convey – Precautions – Law on
Registration – Stamp Duty

5.1 Sub-module Fundamentals of Conveyancing -


Typology of Conveyances
5.2 Sub-module Non-Testamentary Documents and
Various Clauses
5.3 Sub-module Conveyance & Registration Practical
Implicattions and Correlations
5.4 Sub- module Conveyance & Stamp Duty Practical
Implications and Correlations

Teaching Hours: 9 Hours

Learning Outcomes: Precision in framing transactional


Documents

Practical Takeaways/ Skill Component Ability to frame Transactional


Documents

Module VI

This Module deals with some specific types of Deeds and Documents which have most
practical dimensions. The Teaching-Learning Methods are Discussion, Class Room Exercise
and Application Texts through Take Home Assignment

444
MODULE VI: Deeds &Documents

6.1 Sub-module Sale Deed, Lease Deed


6.2 Sub-module Deed of Mortgage
6.3 Sub-module Power of Attorney, Deed of
Assignment, Will

Teaching Hours: 10 Hours

Learning Outcomes: Clarity in understanding functional role and operative parts of clauses
of Transactional Documents

Practical Takeaways/ Skill Component Ability to compose Transactional Documents

Expert Associated: Mr. Yuvraj Parekh, Advocate Cuttack


High Court, Odisha.

yuvrajparekh@parekhassociates.com

EXAMINATION AND EVALUATION SYSTEM: As being the Clinical (Practical)


paper there would be no Mid-Semester and/or
End-Semester Examinations
S. no. Evaluation Marks

1. Home Assignments Application Test 40% 40 marks

2. Class Room Assignments Draft Framing Test 50% 50 marks


(Incl. Simulation)
3. Viva Information Presentation Skill 10% 10 marks

Maximum Marks 100

DISPUTE RESOLUTION
In case of any dispute, it will be resolved as per the prescribed rules of the KIIT Deemed to
be University.

TEXT BOOKS
1. M.C. Agarwal and G.C. Mogha, Mogha’s Law of Pleadings in India(17th ed., 2006)
2. R.N. Chaturvedi : Pleadings and Conveyancing, Central Law Publications.
3. De Souza : Conveyancing, Eastern Law House.
4. Tiwari : Drafting, Pleading and Conveyancing, Central Law Agency.
REFERENCE BOOKS
1. M.R. Mallick, Ganguly’s, Civil Court: Practice and Procedure (13th ed., 2005)
2. J.M. Srivastava and G.C. Mogha, Mogha’s The Indian Conveyancer (13th ed., 2004)

445
3. C.R. Datta and M.N. Das, De Souza’s, Forms and Precedents of Conveyancing(13th
ed., 1999)
ARTICLES
1. Dickerson, Reed. “LEGAL DRAFTING: WRITING AS THINKING, OR, TALK-
BACKFROM YOUR DRAFT AND HOW TO EXPLOIT IT.” Journal of Legal
Education, vol.29, no. 4, 1978, pp. 373–379. JSTOR, JSTOR,
www.jstor.org/stable/42892476.
2. Macdonald, Ros. "Plain English in the law—a new model for the 21st
century."Commonwealth Law Bulletin 30.1 (2004): 922-947.
3. Vidhi Manual on Plain Language Drafting
availablehttps://static1.squarespace.com/static/551ea026e4b0adba21a8f9df/t/58c90a3ec5
34a566891fb7b8/1489570404330/Drafting+Manual_Vidhi.pdf
4. Vardarajan, Tunku. “Judgment by Thesaurus - Or, a 'Proponement in Oppugnation' to
theSupreme Court's use of language” available https://thewire.in/law/judgment-by-
thesaurus
5. History, Systems and Functions of Pleading, 11 Virginia Law Review 517 (1925)
6. Excerpts from Chapters 2-6, Mogha, P. C. (2003). The law of pleadings in India.
16thedition. New Delhi: Eastern law house
7. Foley, Brian J., and Ruth Anne Robbins. "Fiction 101: A Primer for Lawyers on How
toUse Fiction Writing Techniques to Write Persuasive Facts Sections." Rutgers LJ 32
(2000):459.
REFERENCE LEGISLATIONS
1. Civil Procedure Code 1908
2. Specific Relief Act, 1963
3. Code of Criminal Procedure 1973
4. Negotiable Instruments Act, 1881
5. Transfer of Property Act,1882
6. Indian Contract Act, 1872
7. The Registration Act, 1908
8. The Indian Stamp Act, 1899
9. Indian Succession Act, 1925
10. The Limitation Act, 1963 (may require reference to the Indian Limitation Act, 1908)
Note: The list of statutes is not exhaustive.

SKILL COMPONENTS
MODULE I- INTRODUCTION TO THE To learn the general rules of drafting and
CONCEPT OF PLEADING& important steps while using the language
DRAFTING skill an expert’s view will help the students
to understand the nuances of drafting.
MODULE II- DRAFTING OF CIVIL Students will also learn to select the
PLEADINGS appropriate legal document based on the
legalproceeding or the transaction, format of
the document, tone and tenor of the language

446
to be usedand the art of developing the
content of the document in light of the
various controlling legalprovisions.
MODULE III- PLEADING UNDER The students shall acquaint with various
VARIOUS OTHER CIVIL LAWS AND ancillary of drafting and pleadings
ANCILIARY DRAFTING : techniques. The drafting for other than civil
court bodies shall not only expose the
students different nuances drafting of
particular forum specific plaint and its
objection but also shall expose them variety
bodies of pleadings. The Students shall gain
confidence to opt legal practice in these
bodies with specific drafting skills which
have not so rigid procedural application.
MODULE IV- PLEADING IN Students will learn how to draft the steps,
CRIMINAL PROCEEDINGS which shall enable them to meet effectively
put recurring steps before the criminal court
of law. The students shall also learn the skill
of standing before the Criminal Court on
behalf of an accused at different stages of the
criminal proceedings.
MODULE V-Conveyancing Ability to frame Transactional Documents

MODULE VI Deeds &Documents Ability to compose Transactional Documents

447
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4811 : LAW RELATING TO PATENT (SEM 07 / PAPER 05[IP Hons.] )
(Honours Paper-1)
(Sem 07/Paper -5)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION
Patents contribute, preserve and channelize value for enterprises ranging from the world’s
largest technological corporations to start-up entities. Apart from economic gain by rendering
competitive and transactional advantage, Patents have a remarkable effect in spurring
innovation, research and dissemination of knowledge. The student of this Course will develop a
clear understanding of the law relating to Patent practice and procedure, and will imbibe skills
for applying the law for patent prosecution and transactions.

LEARNING OBJECTIVES

The following are the learning objectives of the Course-


 to explain the origin, development and significance of patent law and its significance
in commercial transactions and value addition to enterprises.
 to transmit skill oriented training for better employability in this field of intellectual
property law;
 to inculcate aptitude for more focused research in patent law and practice;
 to develop preliminary advisory and negotiation skills useful for commercial
transactions involving patents;
 to impart basic skills required in litigation involving patents;

TEACHING METHOD
The methodology adopted for the course will be the combination of:
 Class lecture and discussion;
 Video lectures and discussion;
 Case discussion and analysis;
 Problem solving and analysis;
 Invitational lectures from practitioners in this field of law;

MODULE I -

INTRODUCTION TO PATENT LAW AND INTERNATIONAL AGREEMENTS


This module will explain the development of patent law and jurisprudence in India and
International treaties pertaining to Patents. This module will also highlight the interplay
between the national legislation and the obligations and compliance to the treaty provisions.
Theory -

448
1. Definition, nature and object of granting patent;
2. Development of Patent jurisprudence;
3. Paris Convention and Patents;
4. An overview of TRIPS(only relevant provisions for Patent);
5. Patent Co-operation Treaty(PCT);
6. Budapest Treaty;
7. Patent Law Treaty(PLT);
8. European Patent Convention (EPC).
Skill Component - The student will derive the following skills from this module -
1. Analytical skills for understanding the fundamental aspects of Patent Law.
2. Critical thinking skills to comprehend the interaction between national laws and
international obligations in the context of commercial transactions.
Course Takeaway - The student will be able to formulate a response to some of the
following key questions -
1. What is the genesis, development, and justification of the law of patents?
2. What are the international treaties and agreements to facilitate patent protection
across multiple jurisdictions?
3. What is the procedure to avail the benefits of international treaties for transnational
transactions involving patents?
Number of Hours - 12 hours

MODULE II - PATENTABILITY AND PATENT ELIGIBILITY


This module will explain the critical elements for grant of patents - the criteria for
Patentability and Patent eligibility. The module will cover essential aspects and standards
followed in the European Union, India, and the United States of America. The discussion will
consist of analysis of the relevant statutory provisions and leading judgments in the stated
jurisdictions.
Theory -
2.1 Novelty Requirement
2.2 Inventive Step Requirement
2.3 Industrial Applicability Requirement
2.4 Patentable and Non patentable subject matter;
2.5 Product & Process patent
2.6 Utility Models
Skill Component - The student will derive the following skills from the module -
1 Analytical skills for identifying the required criteria in real patent applications.
2 Problem solving skills for application of statutory provisions and case law to solve
real time patent cases.
Course Takeaway - The student will be able to formulate a response to some of the
following key questions -
1) What are the criteria required for grant of patent?
2) How to identify the criteria in a patent application?
3) How to apply the

449
Number of Hours - 18 hours

MODULE III - PATENT PROSECUTION


This module will discuss in detail the aspects of patent prosecution process in India. It will
explain in detail all the aspects of the process -from filing of the application till grant, along
with additional concepts and practices.
Theory-
3.1 Application for patent
3.2 Publication and Examination
3.3 Prior Art Search for anticipation by prior publications and claims;
3.4 Freedom to Operate Search;
3.5 Specification - Provisional and Complete; Contents of specification;
3.6 Objection, Pre-Grant and Post-Grant Opposition, sealing and granting of patents;
3.7 Withdrawal and abandonment of application;
3.8 Priority date of claim;
3.9 Patents of addition;
3.10 Patent Linkage;
3.11 Provision for secrecy of certain inventions;
3.12 True and first inventor and the patentee;
3.13 Rules regarding employee invention;
3.14 Duration of patent: Law and policy consideration;
3.15 Patent Term Extension;
3.16 Nature of patent rights; Patent right as chose in action;
3.17 Rights and obligations of a patentee;
3.18 Rights of co-owners of patents;

Skill Component - The student will derive the following skills from this module
1) Advisory and problem solving skills to advise a patent prosecution process
2) Teamwork skills for advising in situations involving multiple parties and factors.
Course Takeaway - The student will be able to formulate a response to some of the
following key questions -
1) What is the detailed process for filing of patent applications in India?
2) What are the areas of concern where the patent application may be challenged or
the grant invalidated?
3) What are the rights of the patentee and how can it be asserted?
Number of Hours - 18 hours

MODULE IV - COMPULSORY LICENSES, REVOCATION AND SURRENDER OF


PATENT
This module will highlight the law and practice of compulsory licenses in India, along with
restoration, revocation and surrender of granted patents in India.
Theory-
4.1 Abuse of Patent Rights;

450
4.2 Compulsory Licenses;
4.3 Grounds for granting compulsory licenses;
4.4 Matters to be considered in granting compulsory licenses;
4.5 Revocation of Patent- who may apply?
4.6 Different grounds for and modes of revocation;
4.7 Surrender of Patents
4.8 Restoration of lapsed patents
Skill Component - The student will derive the following skills from this module
1) Advisory and problem solving skills required to file or defend a compulsory
licensing application.
2) Civil litigation skills for challenging the validity of a patent.
Course Takeaway - The student will be able to formulate a response to some of the
following key questions -
1) What is the law and procedure to file a compulsory license in India?
2) What is the strategy and procedure to contest a compulsory license application in
India?
3) What is the law and procedure to file for revocation of a granted patent in India?
Number of Hours - 12 hours

MODULE V - PATENT ENFORCEMENT AND DEFENCES


This module deals with the enforcement of patent rights in matters of patent
infringement, along with the defences that may be taken in response to enforcement
action. The module will also discuss the litigation strategy employed in patent
enforcement and defense, including assessment and claim for damages.

Theory -
5.1 Infringement- Meaning and the scope;
5.2 Burden of proof;
5.3 Modes of infringement;
5.4 Doctrine of colourable variation; Doctrine of Pith and marrow; Doctrine of
equivalents;
5.5 Defenses in suits of infringement of patent;
5.6 Prosecution History Estoppel
5.7 Bolar Provision / Research Exemptions
5.8 Certain acts not to be considered as infringement;
5.9 Suit for infringement - Parties/ Grounds / Forum;
5.10 Remedies for infringement of patent.
5.11 Groundless threat of legal proceedings
5.12 Patent Troll
5.13 Standard Essential Patents
Skill Component - The student will derive the following skills from this module
1) Litigation skills required for successfully enforcing rights or defending an
infringement claim.

451
2) Strategic negotiation skills required for alternative approaches to patent litigation.
Course Takeaway - The student will be able to formulate a response to some of the
following key questions -
1) What is the law and strategy to successfully prosecute a patent infringement
action?
2) What is the law and strategy to successfully defend in a patent infringement case?
3) What is the strategy to negotiate an alternative to patent enforcement or defence
litigation?
Number of Hours - 12 hours
CASE REFERENCES

1. Bajaj Auto Limited Vs. TVS Motor Company Limited JT 2009 (12) SC 103
2. Bayer Corporation and Ors v. Cipla of India (UCI) and Ors, 162 (2009) DLT 371
3. Bilski v. Kappos, 561 U.S. 593 (2010)
4. Biswanath Prasad Radhey Shyam Vs. Hindustan Metal Industries Air 1982 SC 1444
5. Diamond v. Chakrabarty, 447 U.S. 303 (1980)
6. Diamond v. Diehr, 450 U.S. 175 (1981)
7. Dimminaco A.G. v. Controller of Patents Designs, 2002 I.P.R.L. 255 [Calcutta High.
Court]
8. Dr Snehlata C. Gupte v. Union of India & Ors (W.P. (C) No 3516 and 3517 of 2007Delhi
HC
9. Ericsson v. Micromax 2013 SCC OnLine CCI 78
10. F. Hoffmann-La Roche Ltd vs Cipla Ltd. (2009) 40 PTC 125 (DEL)
11. General Tire & Rubber Company v Firestone Tyre & Rubber Company Limited, [1972]
RPC 457
12. Glochem Industries Ltd vs Cadila Healthcare Ltd Writ Petition NO. 1605 of 2009
13. Gottschalk v. Benson, 409 U.S. 63, 175 U.S.P.Q. (BNA) 673 (1972)
14. Graham v. John Deere Co., 383 U.S. 1 (1966)
15. Koninklije Philips N.V. &Anr. v. Bhagirathi Electronics, CS (COMM) 436 of 2017.
16. Koninklije Philips N.V. &Anr. v. Rajesh Bansal, CS(COMM) 24 of 2016
17. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007)
18. Madey v. Duke University, No. 01-1567 (Fed. Cir. Oct. 3, 2002)
19. Microsoft Corp. v. Motorola Mobility 696 F.3d 872 (9th Cir. 2012)
20. Monsanto Company v. Coramandal Indag Products (P) Ltd. (1986) (1) SCC 642
21. Novartis v. Union of India (2013) 6 SCC 1
22. Nuziveedu Seeds Ltd. v. Monsanto Technology LLC Civil Appeal Nos.4616¬4617 Of
2018 (SC)
23. Parker v. Flook, 437 U.S. 584, 198 U.S.P.Q. (BNA) 193 (1978)
24. Pozzoli SPA v. BDMO SA [2007] EWCA Civ 588
25. Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008)
26. Reckitt & Coleman of India Ltd. V Godrej Hi Care Ltd.,2001 PTC 637 (PO)
27. Roche Products, Inc. v. Bolar Pharmaceutical Co., Inc., 733 F.2d 858 (1984)
28. Strix Ltd v. Maharaja Appliances Ltd I.A. No. 7441 of 2008 in C.S. (OS) No. 1206 of
2008

452
29. United States v. Adams, 383 U.S. 39 (1966)
30. Windsurfing International Inc. v. Tabur Marine Ltd, [1985] RPC 59

RECOMMENDED READINGS -
BOOKS -
1. Elizabeth Verkey, Law of Patents, Eastern Book Company, 2nd ed. (2012)
2. Feroz Ali Khader, The Law of Patents, Lexis Nexis, 1st ed. (2009)
3. Merges & Duffy, Patent Law &Policy: Cases and Materials, Lexis Nexis 5th ed. (2011)
OTHER MATERIALS
1. Manual Of Patent Office Practice And Procedure (India), available at
http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_28_1_manual-
of-patent-office-practice_and-procedure.pdf
ARTICLES
1. Michael N. Meller, Principles of Patentability and Some Other Basics for a Global
Patent System, 83 J. PAT. & TRADEMARK OFF. Soc'y 359 (2001)
2. Seymore, S., Rethinking Novelty In Patent Law, Duke Law Journal, 60(4), 919-
976 (2011)
3. Ali, Feroz and Ragavan, Srividhya, Proof of Progress: The Role of the Inventive
Step/Non-Obviousness Standard in the Indian Patent Office (February 25, 2015).
Global Perspectives on Patent Law, Oxford University Press, 2013.
4. Christopher D. DeCluitt, International Patent Prosecution, Litigation and
Enforcement, 5 Tulsa J. COMP. & INT'l L. 135 (1997)
5. Mark A. Lemley, Kent Richardson & Erik Oliver, The Patent Enforcement
Iceberg, 97 TEX. L. REV. 801 (2019)
SKILL OUTCOMES
MODULE I
The student will derive the following skills from this module -
1. Analytical skills for understanding the fundamental aspects of Patent Law.
2. Critical thinking skills to comprehend the interaction between national laws and
international obligations in the context of commercial transactions.

MODULE II
The student will derive the following skills from the module -
1 Analytical skills for identifying the required criteria in real patent applications.
2 Problem solving skills for application of statutory provisions and case law to solve
real time patent cases.

MODULE III
The student will derive the following skills from this module
1) Advisory and problem solving skills to advise a patent prosecution process
2) Teamwork skills for advising in situations involving multiple parties and factors.

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MODULE IV
- The student will derive the following skills from this module
1) Advisory and problem solving skills required to file or defend a compulsory
licensing application.
2) Civil litigation skills for challenging the validity of a patent.
MODULE V -
The student will derive the following skills from this module
1) Litigation skills required for successfully enforcing rights or defending an
infringement claim.
2) Strategic negotiation skills required for alternative approaches to patent litigation.

454
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4511- 4711 International Criminal Law (HONOURS PAPER-1)
Semester - VII / Paper-06
[ Taught jointly to Criminal Law Honours and International Law Honours.]

Credits- 04 / Total class hours- 72 hours (including tutorials and proctors)

Course description: The course seeks to enable students to develop an awareness of the
basic concepts of substantive international criminal law. It will explore the development of
international criminal law, individual criminal responsibility under international law,
including the notion of international crimes. The course will also discuss the general
principles of International criminal law. A particular emphasis will be placed on the Statute
of the International Criminal Court entered into force in 2002.

Learning objective:

1. To give students an exposure to this new branch of International Law, which has been
experimenting with several domestic principles of criminal law in an international platform.
2. To enable the students to understand the fundamental concept of crime in international criminal law
3. To help the students in studying about the changing facets of international criminal law and
undertake further detailed research in international criminal law
4. To extend students knowledge in understanding the changing patterns and even the jurisprudence
of the concepts of genocide, war crimes, crimes against humanity in the 21 st century, and in a post-
Covid world
5. To provide the students with a platform to understand , develop and analyze the emerging scenarios
and newer crimes in International criminal law, with specific reference to the crime of aggression, and
state sponsored terrorism.

Teaching Methods
Case studies and case analysis is one of the methods of discovering law in books to support
the law in action. Similarly problem oriented studies is ideal for generating interest among
the students. So teaching will be by lecture method supplemented by class room discussions,
tutorials and problem solving. The lectures will give the students an overall view of the
topic.

The system of tutorials will also provide an opportunity for discussion, deliberation and doubt
clearing amongst the students. The students will further be encouraged to undertake activities
by the use of newspaper articles, video documentaries and other available modes of
information in order to apply the theoretical concepts for a critical analysis of the world
events..

455
MODULE I: Introduction to International Criminal Law

Module objectives: To give a brief yet comprehensive idea to students about the evolution of
International Criminal Law

1.1. Definition of International Law


1.2 Sources of International Criminal Law

1.3 ICL in historical perspective : Inter- war periods (1919-1939) and the concept of genocide
1.4 Nazi Germany and the concept of holocaust and genocide
1.5 Development of ad-hoc tribunals: The Rwanda and the Yugoslavia tribunals.
1.6 Hybrid Courts: Case of Sierra Leone and Cambodia

Course takeaway: Students would get basic understanding of International Criminal Law
and how it has evolved in the 19th and 20th century.
Skill component: Research, articulation, debate

Total Hours: 12 hours

MODULE II: GENERAL PRINCIPLES OF CRIMINAL LIABILITY


Module objectives: To introduce the idea of International criminal liability and its various
facets under international Criminal Law
2.1 Introduction and mental elements of crime under International criminal law
2.2 Perpetration/commission of crimes
2.3 Concept of Joint criminal enterprise
2.4 Theory of Aiding and abetting under ICL
2.5 Ordering, instigating, soliciting, inducing and inciting
2.6 Doctrine of Command/superior responsibility

Course Takeaway: Students would understand as to how the concept of crime and criminal
liability is addressed under International Criminal Law.
Skill component: Helping the students in identifying the underlying criminal liability
concepts under ICL with the help of case studies, examples, class discussions and
deliberations.

Total Hours: 12 hours

MODULE III: CONCEPT OF CRIME IN INTERNATIONAL CRIMINAL LAW


Module objectives: To ascertain the various kinds of crimes defined under International
Criminal Law and its outlined jurisprudence

3.1 Types of international crimes


3.2 Concept of Genocide under ICL

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3.3 Concept of war crimes and crimes against humanity
3.4 State sponsored aggression and International criminal law
3.5. Role of states in protecting International crimes
3.6 Crimes against women and International criminal law

Course Takeaway: Students would understand and appreciate as to why only specific kinds
of crimes are supposed to be tried under ICL, and how are they defined and seen within the
prism of International Criminal Law.

Skill component: Aiding the students in identifying as to how crimes can be practically
categorized and defined for the purposes of being encompassed under ICL.

Total Hours: 12 hours

MODULE IV: DEFENCES/GROUNDS FOR EXCLUDING CRIMINAL


RESPONSIBILITY

Module objectives: To give a comprehensive idea about standard form of defences, both
under International Criminal Law and standard defences under ICC

4.1 Standard defences under International Criminal Law


4.2 The defence of Mental incapacity
4.3 Self-defence, defence of others and of property
4.4 Superior orders
4.5 Other ‘defences’
4.6 The ICC Statute and defences

Course Takeaway: Students would be able to understand the underlying situations and
circumstances under which an individual can escape from his/her liability, under ICL and
even the International Criminal Court.

Skill component: The students would be learning the nuances of this module through the
help of class discussions, moot court exercise, simulations and presentations.
Total Hours: 12 hours

MODULE V: ISSUES RELATED TO JURISDICTION AND IMMUNITY

Module objectives: To acclimatize the students on the total structure and function of the
International Criminal Court , and various legal knowledge and technicalities associated with
the court.

5.1 ICC: Its origin, development, organs, functioning and present status

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5.2 The extent of the Jurisdiction of the ICC
5.3 State Party referral of cases to the ICC
5.4 Security Council referral of cases to the ICC
5.5 Doctrine of functional Immunity
5.6 ICC and present contemporary issues on functional immunity

Course Takeaway: Students would be in a position to comprehend and understand as to how


the ICC functions and how are matters are referred to it by the Security Council and even by
countries.

Skill component: The students would be deliberating the legal and technical aspects of this
topic with help of class discussions, moot court exercise, guest lecture by academicians and
industry experts.

Total Hours: 12 hours

References:

Case References:

As this subject has evolved through a series of events and ad-hoc tribunal which formulated
much of the development and jurisprudence of ICL, and the following events and tribunals
would be discussed:

Events:

1. The Herrero and the Nama genocide, 1905-11


2. The Turkish genocide of Armenian Christians (1914-18)
3. The Holomodor genocide (1932-34)
4. The Jewish Holocaust (1939-45)
5. The Bangladesh genocide (1970-71)
6. The Rwandan genocide (1990-94)
7. The genocide in Yugoslavia (1991-95)
8. The Sierra Leone genocide (1997-2003)

Ad-hoc tribunals:

1. The Leipzig War Crimes Tribunal, 1921.


2. The Nuremburg War Crimes Tribunal (1946-49)
3. The Tokyo War Crimes Tribunal (1946-49)

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4. The International War Crimes Tribunal for Rwanda ( 1995-2015)
5. The International War Crimes Tribunal for former Yugoslavia (1995-2015)
6. The Special Court for Sierra Leone (2005-12)

The following country investigation conducted by the ICC in the following countries
will be taken up in deliberation of the class:

1. ICC investigations in Congo.


2. ICC investigations in Libya
3. ICC investigations in Kenya
4. ICC investigations in Central African Republic

TEXT BOOKS:

 Bantekas Ilias, International Criminal Law (Hart Publishing, 2010)


 Boas, Gideon et-al. V-I Forms Of Responsibility In International Criminal Law.(CUP,
2007)
 Boas, Gideon et-al. V-II Elements Of Crimes Under International Law (CUP, 2007)

REFERENCE BOOKS:

 Cassese Antonio, International Criminal Law, (OUP, 2008)


 Cassese Antonio, The Oxford Companion To International Criminal Justice, (OUP,
2009)
 Cryer, Robert et-al, An Introduction To International Criminal Law and Procedure
(Cambridge University Press, 2011)
 Marchuk Iryna, The Fundamental Concept Of Crime In International Law- A
Comparative Analysis, (Springer, 2014)
 Schabas A William, An Introduction to the International Criminal Court (CUP, 2011)
 Than de Claire, International Criminal Law And Human Rights, (London Sweet &
Maxwell, 2003)
 Zahar, Alexander.; Goran, Slutier. International Criminal Law (OUP, 2008)

Online sources:

 The materials in the following websites are helpful:


 http://www.icty.org (International Criminal Tribunal for the former Yugoslavia)
http://www.ictr.org (International Criminal Tribunal for Rwanda)
http://www.icc-cpi.int (International Criminal Court)
 http://www.icrc.org/ (International Committee of the Red Cross)

459
 http://www.iccnow.org/ (Coalition for the International Criminal Court)

Skill Component

Module Skill Component


Module I: Introduction to
Research, articulation, debate.
International Criminal
Law

Helping the students in identifying the underlying criminal


Module II: GENERAL liability concepts under ICL with the help of case studies,
PRINCIPLES OF examples, class discussions and deliberations.
CRIMINAL LIABILITY

Module III: CONCEPT The students would be learning the nuances of this module
OF CRIME IN through the help of class discussions, moot court exercise,
INTERNATIONAL simulations and presentations.
CRIMINAL LAW

Module IV: To give a comprehensive idea about standard form of defences,


DEFENCES/GROUNDS both under International Criminal Law and standard defences
FOR EXCLUDING under ICC
CRIMINAL
RESPONSIBILITY

The students would be deliberating the legal and technical


Module V: ISSUES aspects of this topic with help of class discussions, moot court
RELATED TO exercise, guest lecture by academicians and industry experts.
JURISDICTION AND
IMMUNITY

List of Resource Persons

7. Prof. (Dr.) Prabhakar Singh, Professor, Jindal Global Law School

Email: prabhakar@jgu.edu.in

8. Prof. ( Dr.) Sanoj Rajan, Professor, Zhejiang Gongshang University, China

Email: sanojrajan@hotmail.com

460
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4411: CAPITAL MARKET REGULATIONS (HONOURS PAPER-1)
Semester - VII / Paper-07
Credits- 04 / Total class hours- 72 hours (including tutorials and proctors)

COURSE DESCRIPTION:

This course aims to offer the learners an opportunity to understand, realise & appreciate the
various legal as well as practical aspects involved in the capital market, its regulatory
mechanism and also to provide them with requisite skill for operating the capital market.

LEARNING OBJECTIVES:

The objectives of the course are:

1. To enable the students to know and understand the capital market.


2. To enable them to understand the regulatory mechanism of the capital market.
3. To develop the conceptual and transactional skills required for operating the
capital market.

TEACHING METHOD:

The teaching learning method would comprise of a combination of lectures, case study
method & dialectic method.

MODULE 1: OVERVIEW OF CAPITAL MARKETS

Introduction to the Module: The financial sector in India is a vastly regulated sector. Post
liberalization, several regulatory reforms has been initiated by the government to pace up
with the global capital markets. Before we delve into the understanding of such regulations, it
is pertinent to have a conceptual clarity on capital markets and understand the impulses for
access to capital market by participants in the capital market.

1.1. Constituents of Capital Markets

1.2. Capital market vis-à-vis Money Market

1.3. Capital Market instruments

1.4. Development of Capital Market in India

Takeaways:

The students will be able to acquire an understanding of

461
1. The need of Capital market regulations
2. Role of Capital market in an economy
3. Identification of the driving factors for success in IPO

No. Of Hours: 12

MODULE 2: CAPITAL MARKET INTERMEDIARIES AND REGULATIONS

Introduction to the Module: This module will delve into an understanding of the relevance
of intermediaries to capital market and provide theoretical insight into the entire spectrum of
activities that relates to market intermediaries. It will highlight the key issues and practices
relating intermediaries in capital market and regulations thereof.

2.1 Need of Market Intermediaries


2.2 Need of Regulating Market Intermediaries
2.3 Stockbrokers,
2.4 Merchant Bankers
2.5 Underwriters
2.6 Depositories
2.7 Debenture Trustees
2.8 Credit Rating Agencies

Takeaways:

At the end of the module, the learners will be able to:

 understand the role of intermediaries in development of capital market


 comprehend the regulatory framework encompassing all intermediary in capital
market.
 develop an acumen on the governance of capital market intermediaries.

No. Of Hours: 12

MODULE 3: INSTITUTIONAL INVESTORS IN CAPITAL MARKET

Introduction to the Module: This module will delve into an understanding of the
significance of institutional investors in capital market. The functions and purposes of such
institutions will be analyzed.

3.1. Qualified Institutional Investors

3.2. Mutual Funds

3.3. Venture Capital and Angel Investor

3.4. Foreign Institutional Investors & Foreign Portfolio Investors

462
Takeaways:

The students will be able to acquire an understanding of investment approaches of the


institutional investors in capital market.

No. Of Hours: 12

MODULE 4: PRIMARY MARKET

Introduction And Objective: This module will delve into an understanding of the
significance of primary market. Theoretical insight with respect to relevance of different
avenues to issue new securities will be made. The module will also cover discussions on
analysis of legal procedures to issue new securities.

4.1 Conceptual Understanding


4.2 Functions of Primary Market
4.3 Regulatory Framework for Public Offers and Private Placement
4.4 Procedure of IPO and Private Placement
4.5 Mechanism of Price Discovery

Takeaways:

The students will be able to

 understand the role of primary market.


 comprehend on legal compliances to participate in primary market.

No. Of Hours: 12

MODULE 5: SECONDARY MARKET

Introduction to the Module: This module will impart an understanding on the general
concepts of secondary markets. The module will enable the learners to see the difference
between primary and secondary markets and learn about markets for different products. The
module will also discuss on the various economic Indicators and their influence on the
secondary markets.

5.1 Conceptual Understanding


5.2 Functions of Secondary Market
5.3 Stock Exchanges in India
5.4 Listing of Securities
5.5 Insider Trading Regulations
Takeaways:

The students will be able to

 understand the role of secondary market.

463
 comprehend on legal compliances to participate in secondary market.

No. Of Hours: 12

SKILL COMPONENTS (MODULE-WISE)

MODULE 1: OVERVIEW OF CAPITAL MARKETS

 Design capital market instruments and determining implications of such instruments


 Map out the operations aspects of capital markets

MODULE 2: CAPITAL MARKET INTERMEDIARIES AND REGULATIONS

 Draft a code for fair disclosures and a code of conduct


 Undertake market entry compliance for the capital market intermediaries
 Drafting of transactional instruments for the capital market intermediaries

MODULE 3: INSTITUTIONAL INVESTORS IN CAPITAL MARKET

 Strategies adopted by investors to participate in capital market


 Advise a client (an institutional investors) on their reporting obligations to sustain in
the market
 Advise a client (an institutional investors) on market entry and exit compliances.

MODULE 4: PRIMARY MARKET

 Take decisions on relevance of different forms of raising finance from capital market.
 Undertake the IPO process in capital market.
 Undertake the private placement process in capital market

MODULE 5: SECONDARY MARKET

 Undertake the listing process in capital market on behalf of an issuer


 Undertake the de-listing process in capital market on behalf of an issuer
 Draft a code for fair disclosures and a code of conduct under the insider trading
regulations for listed companies
 Documentations relating to pre-clearance of trades, submission of trading plan and
disclosures under the insider trading regulations.
 How to reply to a show-cause notice by SEBI

CASE STUDY AND CASE LAW STUDY:

Case Studies:

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1. Flipkat IPO,
2. Ujjivan Small Finance Bank IPO,
3. Mindspace Business Parks IPO

Case Laws

4. Almondz Global Securities Ltd. Vs. SEBI (SAT Appeal No. 275 of 2014)
5. Sahara Asset Management Company P. Ltd. & Ors. Vs. SEBI, Misc. Application No.
188 of 2017 and Appeal No. 428 of 2015
6. Ratnabali Capital Markets Ltd vs SEBI, CASE NO.: Appeal (civil) 4945 of 2007
7. Securities And Exchange Board Of ... vs Alka Synthetics Ltd. And Ors. AIR 1999
Guj 221

TEXT BOOKS

1. Taxxman’s Capital Markets & Securities Laws


2. Capital Market and Financial System in India by Asheesh Pandey
3. M.Y. Khan: Indian Financial Systems; Tata McGraw Hill, 4/12, Asaf Ali Road, New
Delhi – 110 002.

REFERENCE BOOKS:

1. Guide to Financial Markets (6th edition) The Economist by Marc Levinson


2. E. Gordon, Capital Market in India; Himalaya Publishing House, Ramdoot, K.
Natarajan Dr. Bhalerao Marg, Girgaon, Mumbai
3. Sanjeev Aggarwal, Guide to Indian Capital Market; Bharat Law House, 22, Tarun
Enclave, Pitampura, New Delhi
4. V.L. Iyer, SEBI Practice Manual; Taxman Allied Service (P) Ltd., 59/32, New Rohtak
Road, New Delhi
5. M.Y. Khan, Indian Financial Systems; Tata McGraw Hill, 4/12, Asaf Ali Road, New
Delhi

RESEARCHED ARTICLES REFERENCE:

1. Bose, S. (2005). Securities market regulations: lessons from US and Indian


experience. The ICRA Bulletin, Money & Finance, 2(20-21).
2. Kashyap, A. K. (Ed.). (2016). Financial Market Regulations and Legal Challenges in
South Asia. IGI Global.
3. Ocampo, J. A., Spiegel, S., & Stiglitz, J. E. (2008). Capital market liberalization and
development. Capital Market Liberalization and Development, 3(78), 1-47.

465
4. Daouk, H., Lee, C. M., & Ng, D. (2006). Capital market governance: How do security
laws affect market performance?. Journal of Corporate Finance, 12(3), 560-593.

Books For Advanced Reading: (Texts Books, Articles and Commentaries)

1. S. Suryanarayanan, SEBI – Law, Practice & Procedure; Commercial Law Publishers


(India) V. Varadarajan Pvt. Ltd., 151, Rajindra Market, Opp. Tis Hazari Court, Delhi
2. L.M. Bhole, Financial Institutions and Markets: Structure, Growth and Innovation,
Tata McGraw Hill Publishing Company Limited, New Delhi, 2009
3. Bharati. V. Pathak, Indian Financial System, Pearson Education in South Asia
Publishing Company, New Delhi, 2006
4. V.A Avadhani, Financial Economics: Theory and Practice, Financial Economics:
Theory and Practice
5. H.J. Johnson, Financial Institutions and Markets, Tata McGraw Hill Publishing
Company Limited, NY,1993

LIST OF RESOURCE PERSON

1. Mr. Abhiraj Arora, Associate Partner, Economic Laws Practice


Email: abhirajarora@elp-in.com
2. Mr. Soumya Mohapatra, Partner, Khaitan & Co.
Email. soumya.mohapatra@khaitanco.com

3. Prof. (Dr.) Indrajit Dube, IIT Kharagpur


Email: indrajitdube@gmail.com

4. Prof. (Dr.) Umakant Varotill, National University of Singapore


Email: v.umakanth@nus.edu.sg

5. Mr. Sudish Sharma, Lakshmikumaran & Sridharan Associates,


Email: sudish.sharma@lakshmisri.com

6. Mr. Manan Lahoty, Induslaw


Email: manan.lahoty@induslaw.com

7. Prof. (Dr.) Vikramaditya Khanna, Michigan Law School


Email: vskhanna@umich.edu

466
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4611: Affirmative Action and Discriminative Justice (HONOURS PAPER-1)
(Sem. 07/Paper-08)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

The object is to inculcate in the students an awareness of the conflicts presented by the
demand for social justice by large sections of the Indian population.

OBJECTIVES

To achieve the above object,

1. By discussing the historical enquiry into the making and working of the
provisions as regards non-discrimination, as well as affirmative action, shall be
undertaken.

2. By discussing thevarious legislative and administrative steps taken by the Union


and State Governments in this regard and the judicial response to such measures

3 In this context an attempt shall also be made to understand how best the claims of
weaker sections for social justice, can be balanced with the claims for the rest of
the society.

Outcomes:

1. The student will get to know the difference between formal equality and
substantial equality
2. The students will get to know the basis of the affirmative action
3. The students will get understanding about the reservation system in India
4. The students will get the knowledge about the affirmative action in USA and
how it is different in India.
5. The problems raised in the issues of affirmative action will be better understood
by the study of this paper.
Teaching Methodology

1. Lecture Method
2. Group discussion method
3. Case study method
4. Mooting
5. Case analysis

467
Evaluation System

1. Mid semester 20 marks


2. Research paper writing 30 marks
3. End Semester 50 marks

DETAILED SYLLABUS

MODULE-1: THE IDEA OFJUSTICE (10 hrs)

Module description: This module establishes the concepts of justice into the
minds of the students. This module discuss the jurisprudence of affirmative
action.

1.1 Idea of Justice- the idea that individual should be enabled


in society and state to have his due for full development
consistent with his dignity and worth
1.2 Need for Justice, Divisions of Justice-Aristotle
1.3 Jurisprudential concept of Justice in transition.
1.4 Related ideas- merit and worth
Module outcomes: The student at the end of the module get the basic
philosophy of affirmative action

MODULE-2: THE IDEA OF EQUALITY (10 hrs)


Module description: This module gives a brief analysis of what is equality and
different principles of equality

2.1 Equality in French and American Declarations; Modern Constitutions (India


& USA) and International Declarations (UDHR)
2.2 Formal and substantive equality - Proportionate equality
2.3 Equality before law and equal protection of the Laws
2.4 2.5 Equality as the basic structure of the Constitution
2.5 Equality and classification- Equality and arbitrariness
Module outcomes: At the end of the Module the student understands the difference between
formal equality and substantive equality which is very crucial to understand the affirmative
action

468
MODULE3: DISCRIMINATION: THE HISTORICAL PERSPECTIVE (10
hrs)
Module description: This module discuss about discrimination and how it is a
violation of equality.

3.1 Discrimination: meaning and form;


3.2 Discrimination based on caste race, colour, sex etc; historical position-
stratification of the society;
3.3 Divisions based on caste, race, colour, sex etc. The consequences of such
divisions; rise of mixed castes;
3.4 Discrimination against certain groups/castes/classes
3.5 Rise of untouchability
3.6 Other forms of discrimination
3.7 Measures to eradicate various forms of inequalities in India, before
independence
Module outcome: The students gets to know different kinds of discrimination
practiced in the world, and how the violations of equality suppressed the growth
of such groups.

MODULE-4: THE CONSTITUTIONAL RECOGNITION OF DISCRIMINATION


IN INDIA (10 hrs)
Module description: This module talks about how the idea of discriminative
justice has been started and recognised in the Indian Constitution

4.1The Idea of Reverse Discrimination


4.2 Reverse Discrimination and impact on equality
4.3 The Preamble and the Equality provisions enshrined in Part III (Fundamental
Rights) and Part IV (Directive Principles of State Policy) of the Constitution;
4.3 The relationship between Part III & Part IV; Affirmative action: meaning and
scope: form(s) of affirmative action-concessions, reservations, preferential
treatment, etc;
4.4 The need/justification for affirmative action
4.5 Perspectives of Reservation in IndiaSocio, Political changes and developments
in India affecting the reservations.
Module outcome: The students get to know about the evolution and the growth of
reservation in the Indian Constitution.

469
MODULE-5: THE CONSTITUTIONAL RECOGNITION
OFDISCRIMINATION IN THE UNITED STATES OF AMERICA (10 hrs)
Module description: This module deals with American model of affirmative
action, here we do comparative analysis of India and USA

5.1 Constitutional recognition of discrimination on grounds of race/colour, in


the United States of America;
5.2 Judicial affirmation of such practices;
5.3 Legislative and Executive efforts to eradicate the practice-The
Reconstruction Amendments-the Thirteenth and the Fourteenth Amendments to
the Constitution;
5.4 The Civil Rights legislations; judicial response; other measures to eradicate
discrimination based on race and colour; affirmative action programs, based on
race.
Module outcome: At the end of this module the students would get a very clear
idea of the difference between Indian model and American model
Skill Components (10 hrs)

1 Drafting petitions (4th and 5th modules)

2 Making arguments (4th and 5th modules)

3 Research skills (1st 2nd and 3rd module)

4 Drafting policies of reservation for the government (at the end of the

course)

BOOKS AND REFERENCES

Text Books:

1) H.M.Seervai. Constitutional Law of India. Universal (Vol.1; ChapterIX).


2) V.N.Shukla, “Constitution of India”, Twelfth Edition, Eastern Book Company,2013
Reference Books:

1. Amartya Sen, “The Idea of Justice”, Penguin Books, 2009


2. Dias, “Jurisprudence”, Fifth Edition, Indian Reprint, Lexis Nexis,
2014
3. Donald P.Kommers, “Essays, Cases, and comparative notes, American
Constitutional Law”, Third Edition, Rawman and Little Field
Publishers,2010
4. Edgar Bodenheimer, “Jurisprudence, The Philosophy and Method of Law”, Revised
Edition, Fifth Indian Reprint, Universal Law Publishing House, 2006. Etc.

470
5. Erwin Cherminsky. “Constitutional Law, Principles and Policies”, Third
Edition, Aspen Treatise Series, Aspen Publishers, Chapter 9
6. John Rawls. Justice as Fairness [Delhi.Universal]
7. Michael Freeman FBA, “Lloyd’s, Introduction to Jurisprudence”,
Ninth Edition, Sweet& Maxwell, Thomson Retuers, 2014
8. P.J.Fitzgerald, “Salmond on Jurisprudence”, Twelfth Edition,
Thomson Sweet and Maxwell, Universal Law Publishing House
9. Suri Ratnapala; Jurisprudence; Cambridge University Press, 2009

List of Resource Persons:


International:

1. Kimberle Williams Crenshaw, Professor of Law, Columbia University, New York

Crenshaw@law.columbia.edu Ph: (212) 854-3049

2. Patricia Williams, Professor of Law, Columbia University, New York.

williams@law.columbia.edu ph: (212) 854-5877

National:

1. Aditya Sondhi, Advocate High Court of Karnataka


2. Aswini Desh Pande, Professor of Economics, Ashoka University, Sonipat Haryana.
ashwini.deshpande@ashoka.edu.in
3. Prof. Faizan Mustafa, VC Nalsar University
4. J.Sai Deepak, Advocate Supreme Court
5. Prof. A. Lakshminath, VC Chanakya National Law University.

471
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4915: Indian Customs Law
(HONOURS PAPER-1)
(Sem. 07/Paper-09)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description: Indian Customs Act, 1962 and Indian Tarrif Act, 1975.

To enable to the students to understand the law relating to the Customs in India and to
analyze the case laws implementing these rules and principles as well as applying
them to concrete instances.

Learning Objectives

At the end of the course:


1. Student will get detail knowledge of indirect tax and custom laws
2. Student will able to give complete guidance on custom related matters
3. Students will be able to ascertain and pay custom duties
4. Students will be able to help the importer and exporter of goods and services
in matter relating to customs.
5. Students will be able to ascertain custom value for payment of duties and other
related works)

Teaching Learning Methodology

1. Lecture Method
2.Case study method
3. Group Discussion

MODULE-I: LIABILITY OF CUSTOMS DUTY


Introduction:This module has been designed with the motive to inform the students about
the
primary concepts and facets of customs law. The module consists of the following
sub-topics:
1.1 Introduction and Basic Concept
1.2 Background of Indirect Tax Law
1.3 Introduction to Custom Duty
1.4 Explanation to Section 2 of Customs Act of 1962.
15 Type of Custom Duty
1.6 Classification of Goods
1.7 Principles of Classification
1.7 Related Problems
Course Takeaways: Student will be able to:

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customs duty, integrated tax, goods and services tax
compensation cess and social welfare surcharge on importation
-
dumping duty will not be levied
No. of Hours:

MODULE-II: VALUATION UNDER CUSTOMS LAW


Introduction: This module has been designed with the motive to inform the students about
theconcept of indirect tax and valuation for the same and comprehend the concept of
value in relation to import or export. The module consists of the following sub-
topics:
2.1 Introduction and Basic Concept
2.2 Valuation for Customs Duty
2.3 Methods of Valuation for Customs
2.4 Valuation of Export Goods
2.5 Undervaluation of Customs Duty
2.6 Related Problems
Course Takeaways:
Student will be able to:

Goods) Rules, 2007 and Customs Valuation (Determination of Value of Export


Goods) Rules, 2007
fy the date for determination of rate of duty and tariff value

accessories

imported/exported goods and total customs duty and integrated tax payable on
importation
No. of Hours:

MODULE-III: CUSTOMS PROCEDURES


Introduction:This module has been designed with the motive to inform the students about
the statutory provisions pertaining to importation and exportation. The module consists of
the following sub-topics:
3.1 Introduction and Basic Concept
3.2 General background of customs procedures
3.3 Import Procedures
3.4 Export Procedures
3.5 Baggage
3.6 Related Problems
Course Takeaways: Student will be able to:

goods

ovisions pertaining to transit and


transhipment and appreciate the difference between the two

No. of Hours:

473
MODULE-IV: DEMANDS AND REFUND OF CUSTOM DUTIES
Introduction:This module has been designed with the motive to inform the students about
the provisions relating to recovery of duties not levied or not paid or short-levied or
short-paid or erroneously refunded and discuss the manner in which application for
refund of import duty or interest is to be made. The module consists of the following
sub-topics:
4.1 Introduction and Basic Concept
4.2 Exemption from Duty
4.3 Remission, Re-Imports and Re-Exports
4.4 Demands of Customs Duty
4.5 Refund of Custom Duty
4.6 Related Problems
Course Takeaways: Student will be able to:

or not paid or short-levied or short-paid or erroneously refunded

n which duties which are collected from buyer are to be


deposited with the Central Government

duty or interest is to be made


efund

enrichment with respect to refund of duty


No. of Hours:

MODULE-V: OTHER PROVISIONS IN CUSTOMS


Introduction:This module has been designed with the motive to inform the students about
the provisions relating to warehousing, explain the legislation governing FTP, salient
features of an FTP, administration of FTP, contents of FTP and identify the
orders appealable before different appellate authorities. The module consists of the
following sub-topics:
5.1 Introduction and Basic Concept
5.2 Warehousing in Customs
5.3 Penalties and Appeals in Customs
5.4 Foreign Trade Policy
5.5 Duty Drawback
5.6 Related Problems
Course Takeaways: Student will be able to:

regulations, cancellation of license, warehousing bond and cancellation and return of


the same, removal of goods for warehousing, warehousing period and warehousing
interest.

clearance of the warehoused goods

appealable before a particular appellate authority, the time limit for filing of
appeal and address other issues in non-complex to moderately complex
scenarios

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FTP namely, duty exemption and remission schemes, reward schemes, EPCG,
EOU, EHTP, STP & BTP schemes, deemed exports and apply the same in
problem solving
No. of Hours:

CASE REFERENCES
1 i. Reliance Industries ltd. v. Designated Authority 2006 (202) E.L.T. 23 (S.C.)
ii. Rishiroop Polymers Pvt. Ltd. v. Designated Authority and Additional Secretary 2006
(196) ELT 385 (SC)
iii. Designated Authority v. Haldor Topsoe 2000 (120) ELT 11
iv. UoI v. M/s Adani Power Ltd 2016 (331) ELT A129 (SC)
v. Automotive Tyre Manufacturers Association v. Designated Authority 2011 (263)
vi. ELT 481 (SC)
vi. Commissioners of Customs v. East Affrican Traders, AIR 2000 SC 3637
vii. East African Traders v. CC 2000 (115) E.L.T. 613 (S.C.)
viii. Sanjay Chandiram v. CC 1995 (77) E.L.T. 241 (S.C.)
ix. Commissioner of Customs v.J.K. Corporation Ltd. 2007 (208) ELT 485 (SC)
x. Commissioners of Customs v. Toyota Kirloskar Motors Pvt. Ltd, (2007) 213 ELT
4(SC).
xi Supreme Court in the case Garden Silk Mills v. UOI
xi. Garden Silk Mills Ltd. v. UOI 1999 (113) ELT 358 (SC)
xii. Board of Trustees v. UOI (2009) 241 ELT 513 (Bom HC DB)
xiii. Aban Loyd Chiles v. UOI (2008) 227 ELT 24 (SC)
xiv. Kemtech International Pvt. Ltd. v. CCus. 2013 (292) ELT 321 (SC
xv. Uniworth Textiles Ltd. v. CCEx. 2013 (288) ELT 161 (SC)
xvi. CCus. v. Dinesh Chhajer 2014 (300) ELT 498 (Kar.)
xvii. Corporation Bank v. Saraswati Abharansala 2009 (233) ELT 3 (SC)
xviii. Parimal Ray v. CCus. 2015 (318) ELT 379 (Cal.)
xix. Pratibha Processors v. UOI 1996 (88) E.L.T. 12 (S.C.)
xx. Swil Ltd v. UOI 2005 (185) E.L.T. 251 (Guj.)
xxi. Pratibha Processors v. UOI 1996 (88) ELT 12 (SC)
xxii. Indian Oil Corporation v. Commissioner of Customs 1985 (21) ELT 881 (Tri.- LB)
xxiii. Mafatlal Fine Spinning and Manufacturing Company Ltd. v. UOI 1987 (27) ELT 19
(Bom.).
xiv.CCE and Service Tax v. Sanjivani Non-Ferros Trading Pvt. Ltd.(20192 SCC 378
BOOKS
1. Customs Law Practice and Procedures by V.S. Datey (Taxmann’s Publication)
2. Indirect Taxes Law and Practice by V.S. Datey (Taxmann’s Publication).
3. Customs Law and Foreign Trade by V.S. Datey (Taxmann’s Publication), 2021 Edition.
4.
ARTICLES
1. Rathi, No penalty on confiscated gold jewellery from transit passenger not required to
pass through customs barriers. See, https://taxguru.in/custom-duty/penalty-confiscated-gold-
jewellery-transit-passenger-required-pass-customs-barriers.html
2. Adv. Jena, Ramesh Chandra, Indian Customs and Simplification of Customs
Procedures- An Overview. See, https://taxguru.in/custom-duty/indian-customs-
simplification-customs-procedures-overview.html
3. Panigrahi, SN, Sale of Goods from Customs Bonded Warehouse. See,

475
https://taxguru.in/goods-and-service-tax/sale-goods-customs-bonded warehouse.html.
4. Guide to Valuation for Customs Duty by Taxmann
http//www.taxmann.com/post/blog/6127.fuide to valuation-for-customs-duty.
5. Tarun jainCustoms Valuation between on related parties: Supreme Clarifies the legal
position SCC Blog, https//www.[[scconline.com/blog/post2019/06/11/customs-valation-
between-unrelated-parties-supreme-court-clarifies-the-legal position/
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)
1. 1. GST & Customs Law by K.M. Bansal (Taxmann Publication)
2. Fundamentals of GST & Customs Law by K.M. Bansal (Taxmann Publication)
3. Principles of GST & Customs Law by V.S. Datey, Krishan Sachdeva (Taxmann’s
Publication)
4. Cracker – Tax Laws Including GST & Customs Laws by N.S. Zad, Pratik Neve
(Taxmann Publication)

SKILL COMPONENTS

Module Skill Component

MODULE 1: LIABILITY OF Problems relating to different kinds of custom duties, its


CUSTOMS DUTY identification and application with real life examples

MODULE 2: VALUATION Process of analyzing and applying the Customs


UNDER CUSTOMS LAW Valuation (Determination of Value of Imported Goods)
Rules, 2007 and Customs Valuation (Determination of
Value of Export Goods) Rules,2007

Process of analyzing and applying the


MODULE 3: CUSTOMS procedureforclearanceofimportedgoodsandexportgoods
PROCEDURES & showing some real life examples of clearanceof
baggage
MODULE 4: DEMANDS AND
REFUND OF CUSTOM Method of calculating
DUTIES theamountofinterestondelayedpaymentofduty and
understandandanalysethemannerinwhichapplicationforre
fundofimportdutyorinterestistobemade

MODULE 5: OTHER Expert view on


PROVISIONS IN CUSTOMS basicconceptsrelatingtoexportpromotionschemesprovide
dunderFTPnamely,dutyexemptionandremissionschemes,
rewardschemes,EPCG,EOU,EHTP,STP&BTPschemes,d
eemedexportsandapplythesameinproblemsolving

476
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4815: LAW RELATING TO GEOGRAPHICAL INDICATION, BIODIVERSITY,
PLANT VARIETY (HONOURS PAPER-2)
(Sem. 07/Paper-10)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Unlike Patents, Trademarks, Copyrights, Protections to Geographical Indication, Plant


Variety & Farmer’s Rights and Biodiversity were less known and talked issues of Intellectual
Property Protection. But this does not deny the fact that with the rapid awareness of
Intellectual Property Issues these aspects of IPR have certainly managed to acquire a special
place in Intellectual Property Rights Regime. Of late countries have realized the need and
importance of protecting their traditional knowledge, indigenous practices, biodiversity,
indigenous plant varieties, and products specially originating from their territories. The
alarming rate of increase in Bio Piracy, uncontrolled, unprotected and unregulated access to
the indigenous plant varieties, and free riding on the reputation acquired by products because
of their specific origin to have commercial gains have paved the way for the Countries to
adopt their sui generis protection system through Intellectual Property Rights mechanism to
protect the geographical indications, plant verities, and Biodiversity.

Learning Objectives:

1. To help students understand the basic concepts and mainly the legal issues related to
protection of Geographical indications, Plant verity, Biodiversity at large.

2. To groom the students in such a way to learn, understand and apply the principles and
issues relating to protection of these areas of IPR in practical situations.

3. To provide a detailed analysis of the legal positions of these Intellectual Property


Rights both at the International level and at the domestic level (Indian Position).

4. To equip students withspecific technical, legal and management skills relatedto


protection, infringement and commercialization of these forms of intellectual
properties i.e. geographical indications, plant varieties & farmer’s rights and
biodiversity.
Teaching Methodology:

The methodology adopted for the course would be the following:

477
 Lecture method
 Case Study approach
 Group discussions
 Practice and exercises oriented sessions
 Drafting sessions (Drafting of application for registration, and Benefit
Sharing Agreements)
 Inviting specialized persons in this field for delivering lectures

MODULE 1- Introduction to Geographical Indication

1.1.Geographical Indication: Conceptual Analysis

1.1.1. Meaning,
1.1.2. Scope of Protection etc.

1.2. Factors influencing a product to be designated as a Geographical Indication.

1.3. Types of Products that can be considered to be Geographical Indication.

1.4. Comparison between Geographical Indication and Certification Marks

1.5.Difference between Geographical Indication and Trademarks.

1.6.TRIPS Provision relating to Geographical Indication (Article 22 of TRIPS)

Course takeaway: To have a conceptual understanding of Geographical Indication. Also to


be able to differentiate between the concept of Geographical Indication from other similar
concepts like Certification Marks and Trademarks etc.

Skill component: To be able to identify various attributes in case of specific product that will
help the product to be registered as a Geographically indicated product.

Number of hours: 10 approx.

MODULE 2: Protection of Geographical Indication under G.I. (Registration &


Protection Act, 1999)

2.1. Grounds of prohibition on Registration of Geographical Indication

2.2. Homonymous Geographical Indication

478
2.3. Procedure of Registration of Geographical Indication.

2.4. Effect of Registration

2.5. Geographical Indication Case Studies

Course takeaway: Students would have better clarity on various factors that are essential for
a product to be designated as a GI in India and hence would be in a better position to draft the
GI registration application.

Skill component:Drafting of a Geographical Indication Registration application and the


process of applying it before GI Registry.

Number of hours: 15 approx.

MODULE 3:Introduction to Law relating to Biodiversity

3.1 Rationale behind Incorporating issues of Biodiversity under IPR Framework

3.2 Biodiversity and Bio piracy

3.3 TRIPS Provision relating to biodiversity protection

3.3.1. Article 8
3.3.2. Article 27

3.4. CBD (Convention on Biodiversity) provisions relating to biodiversity protection

3.4.1. Conservation and Sustainable Use of Biological Resources


3.4.2. Fair and Equitable Sharing of Benefits
3.4.3. Mutually Agreed Terms (MAT)
3.4.4. Prior Informed Consent (PIC)

Course takeaway:Students would be able to appreciate the rationale behind incorporating


the concept of biological resources protection under IPR framework likeby knowing the stand
point of various international legal frameworks like TRIPS and CBD on the same.

479
Skill component:Drafting of mutually agreed terms in the context of benefit sharing.

Number of hours: 15 approx.

MODULE 4: Regulation of Access to Biological Resources under Biological Diversity


Act, 2002

4.1. Access Control Regulator Mechanism

4.1.1. Relevant Provisions: Sec 3-7 of Biological Diversity Act, 2002

4.2.Determination of Fair and Equitable Sharing of Benefits

4.2.1. Relevant Provisions: Sec 21 of Biological Diversity Act, 2002

4.3.Offence and Penalties (Section 55 of Biological Diversity Act, 2002)

4.4.Institutional Framework (Regulatory Authorities)

4.4.1. National Biodiversity Authority


4.4.2. State Biodiversity Board
4.4.3. Biodiversity Management Committees

Course takeaway:Students would be able to have a better understanding of the legal


framework concerning access over bio-resources and norms pertaining to benefit sharing.

Skill component: Drafting of a benefit sharing agreement with the incorporation of


important clauses.

Number of hours: 15 approx.

MODULE 5:Introduction to Plant Variety Protection and farmer’s and Breeder’s


Rights

5.1. Meaning and Scope of protection New Plant Variety

5.2. Rationale behind Plant Variety Protection and Farmer’s Rights

5.3. Effects/Benefits of Plant Variety Protection

5.4. TRIPS Provisions relating to plant Variety Protection and Farmers rights

5.5. Protection of New Plant Variety under The Protection of Plant Varieties And Farmer’s
Rights Act, 2001

480
5.5.1.Varieties of plants eligible for registration
5.5.2.NDUS Test & Procedure for registration of New Plant Variety
5.5.3.Procedure for Registration of New Plant Variety
5.5.4.Duration and Effect of Registration
5.5.5.Farmer’s Rights
5.5.6.Breeder’s Rights
5.5.7.Researcher’s Rights

Course takeaway:Students will have an idea about the various registrable plant varieties and
the test to be conducted in order to ascertain a plant vareity as a new plant variety in India.

Skill component:Drafting of Plant Variety registration application and Registration


procedure of a new plant variety under PPV and FRAct, 2001.

Number of hours: 15 approx.

Case Law Study:

1. Divya Pharmacy V Union of India and others ( WP No 3437 / 2016)

2. Sava Healthcare Ltd V Karnataka Biodiversity Board ( Crl.P. No 2856 / 2019)

3. Case Study on Kani Tribe Benefit Sharing Model.

4. Maharashtra Hybrid Seed Co and another V Union of India( WP (C) 640 / 2012).

5. Pioneer Overseas Corp V Chairperson, Protection of Plant Varieties and Farmers rights
and others ( WP (C) 6470 / 2013) (Judgement delivered in 2019)

6. Monasanto Tech LLC and Ors V Nuxiveedu Seeds Ltd (NSL) & others (Civil Appeal Nos
4616 / 2018)

7. Darjeeling Tea
8. Tirupati Laddoo
9. Odisha Rasagola
10. Basmati Rice Controversy etc.

Text books :

1. Latha R Nair and Rajendra Kumar, “Geographical Indication: A search for Identity” 2005,
Lexis Nexis, Butterworths

2. Jonathan Curci “The Protection of Biodiversity and Traditional Knowledge in


International Law of IPR”,1st. Edition,2010 CUP

3. Elizabeth Verkey “Law of Plant Varieties Protection”, 2007, Eastern Book Company.

481
Researched articles reference:

1. “Interacting International Institutions: The Convention on Biological Diversity


and TRIPs – Regulating Access to Genetic Resources” Kristin Rosendal.Paper
presented as part of“Interaction between International Institutions: Synergies and
Conflicts”(Panel FC22)Friday, 28 February, 200344th Annual Convention of the
International Studies AssociationPortland, Oregon.

2. Intellectual Property Rights and Biodiversity Management:The Case of India


Philippe Cullet and Jawahar Raja, Global Environmental Politics, February 2004 by
the Massachusetts Institute of Technology.

3. Biodiversity and Intellectual Property Rights: Can the Two Co-Exist? Ashish
Kothari1 R.V. Anuradha, JOURNAL OF INT’L WILDLIFE L & POL’Y (1999)

4. The Protection of Plant Varieties and Farmers’ Rights Act of India Pratibha
Brahmi*, Sanjeev Saxena and B. S. Dhillon, National Bureau of Plant Genetic
Resources, New Delhi

5. “Intellectual property rights in plant varieties international legal regimes and


policy options for national governments”Laurence R. Helfer for the Development
Law Service FAO Legal OfficeFOOD AND AGRICULTURE ORGANIZATION OF
THE UNITED NATIONS Rome, 2004

6. “Sui Generis Protection for Plant Variety Protection: Options under TRIPS”
Biswajit Dhar. Commissioned by the Quaker United Nations Office (QUNO),
Geneva.

7. “Geographical indications and trademarks: War or Peace?” Dietrich C. Ohlgart,


Attorney at Law, Hamburg, Germany, European Communities Trade Mark
th
Association 25 Annual Meeting in WARSAW .
Advanced readings:

1. Ujjwal Kumal, Suman Sahai “Status of the Rights of Farmers and Plant Breeders in
Asia”, 2003, Gene Campaign

2. G. Kristin Rosendal “The Convention on Biological Diversity and Devloping


Countries”, 2000, Kluwer Academic Press,

3. Charles R. McManis, “Biodiversity and the Law : Intellectual Property


,Biotechnology and Traditional Knowledge”, 2007, EarthScan Publisher,

4. Martin A. Girsberger, “Biodiversity and the Concept of Farmer's Rights in


International Law: Factual Background and Legal Analysis” P.Lang Publisher

482
MODULE WISE IDENTIFIED SKILL COMPONENTS

SL. NO. MODULE SKILL COMPONENT

1 Module 1: Introduction to To be able to identify various


Geographical Indication attributes in case of specific product
that will help the product to be
registered as a Geographically
indicated product.

2 Module 2: Protection of Drafting of a Geographical


Geographical Indication under G.I. Indication Registration application
(Registration & Protection Act, 1999) and the process of applying it before
GI Registry.

3 Module 3: Introduction to Law Drafting of mutually agreed terms in


relating to Biodiversity the context of benefit sharing.

4 Module 4:Regulation of Access to Drafting of a benefit sharing


Biological Resources under Biological agreement with the incorporation of
Diversity Act, 2002 important clauses.

5 Module 5: Introduction to Plant Drafting of Plant Variety registration


Variety Protection and farmer’s and application and Registration
Breeder’s Rights procedure of a new plant variety
under PPV and FRAct, 2001.

483
LIST OF RESOURCE PERSONS TO CONDUCT SESSIONS ON MODULE WISE
IDENTIFIED SKILL COMPONENTS

National Resource Persons:

1. Dr. Anita Sabat, Managing Trustee, Odita Trust ( A registered Trust to represent
community interests and protect & promote Geographical Indications), Email Id:
oditatrust@gmail.com : Skill component pertaining to Geographical Indications application
drafting and filing.

2. Dr. Susanta Kumar Rout, IPR Consultant, Science and Technology Department, Govt. of
Odisha, Email: odishapic@gmail,com: Skill component pertaining to Geographical
Indications application drafting and filing.

3. Dr. Shubhransu Nayak, Coordinator, Odisha Biodiversity Board, Regional Plant Resource
Centre Campus, Email: shubhransu.crri@gmail.com: Skill component pertaining to drafting
ABS Agreements and Implementation of ABS measures

4. Dr. M. Padmavati, Professor, RGSOIPL, IIT Kharagpur, Email: padmavati@gmail.com:


Skill component pertaining to drafting ABS Agreements and Implementation of ABS
measures.
5. Dr. B.C. Patra, Principal Scientist and Head, Crop Improvement Division, ICAR- National
Rice Research Institute, Email: bcpatracrri@yahoo.co: Skill Component pertaining to
drafting of Plant variety registration and process of plant variety registration.
Internationals Resource Persons:

1. Ms Giovanna Paola Girardi, IP Lawyer, Madrid, Spain, Email:


giovanna@gpgiradi.com: Skill pertaining to Geographical Indications
2. Dr. Swati Gola, Lecturer, School of Law, University of Exeter, Southwest England,
U.K., Email: S.Gola@exeter.ac.uk : Skill component pertaining to Biodiversity and
Traditional Knowledge

484
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4513: Correctional Administration in India (HONOURS PAPER-2)
(Sem. 07/Paper-11)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

1. Course Description:

Correctional Administration in India is an overview of the evolution of the correctional laws


and administration in the criminal justice system with special reference to India. The course
examines current legal issues and case laws that directly have an impact on prisons and
prisoners.

2. Learning Objectives:
1. Legal development of correctional system with special reference to India.
2. Concept of institutional forms of correction.
3. Concept of non-institutional forms of correction.
4. Bird’s eye view on the correctional system followed internationally.
5. Research based learning practice with reference to correctional system in India.

3. Teaching Method:

This course will be taught by a combination of:

 Online lecture based discussion, group discussion and debate over a topic or a case in
order to promote and inculcate peer group exercise by exchange and intercourse of ideas.
 Case study method involving both anatomical and physiological approaches to develop
the analytical skills of the students.

4. Course Content:

Module 1: Introduction:

This module will develop a curiosity in the minds of the students to understand the evolution
of correctional administration in India.This will also impart the fundamental issues relating to
this paper.
1.1. Correctional Administration in India: From Past to Present
1.2. Origin of Prison and Purpose of Imprisonment.
1.3. Overview on the Forms of Correctional Services: Institutional Settings (Prisons &
Juvenile Correction Institutions) and Non-Institutional (Probation, Parole and
Community Sentencing).

485
Theory and Skill Component: This is theoretical based module. Lecture method will be
used. The students will sharpen their listening skills.
Course Takeaway: To learn conceptual as well as legal development of correctional system
with special reference to India.

Number of Hours: 10 Hours (4+3+3)


Module 2: Institutional Form of Correction: Acts, Procedures and Rules:
This module will enable students explore the existing laws on institutional form of correction
in India.
2.1. Prisons Act 1894, Prisoners Act 1900, Transfer of Prisoners Act 1950, Juvenile
Justice (Care and Protection) Act.
2.2. Model Prison Manual
2.3. Various Prison Reforms Committees and Commissions [Jail Reforms
Committee’s (1980-83)]
2.4. Prison Conditions and Problems in India: A Human Rights Watch

Theory and Skill Component: This module has dual objective, firstly, discussing the laws
and secondly, the students will develop problem solving skills pertaining to application of the
laws on institutional form of correction to the problems.
Course Takeaway: To understand the concept of institutional forms of correction.

Number of Hours: 12 Hours (7+2+2+1)

Module 3: Non-Institutional Form of Correction:


India has opened a vistas to non-institutional form of correction. This module will discuss all
the different forms of non-institutional form of correction.
3.1. Probation
3.2. Parole
3.3. Community Sentencing
3.4. Open Prisons

Theory and Skill Component: The students will be asked to engage in group discussion to
sharpen their oratory skills and also analytical skills.They will also be given situations to
solve the problems which will enhance their problem solving skills.
Course Takeaway: To disseminate knowledge regarding non-institutional forms of
correction.

Number of Hours: 12 hours (4+2+2+2+2)

Module 4: Prison, Prisoner and Prisonization:


This module focuses on the aftermath of imprisonment, and an elaborate discussion on the
international scenario of prisons.
4.1. Effects of Imprisonment on prisoner

486
4.2. International scenario:
4.2.1. Conditions of Prison in Earlier times, The American Prison system, The
British Prison System,
4.2.2. UN Conventions Relating to Prisoner’s Rights
4.2.3. UN Standard Minimum Rules for the Treatment of Offenders
Theory and Skill Component: This is theoretical based module. Lecture method will be
used. The students will sharpen their listening skills.
Course Takeaway: To explore the correctional system followed internationally.

Number of Hours: 14 hours [2+3+(1+2+2)+2+2]

Module 5: Research Based Learning:


This module has been included to sharpen research skills of the students.
5.1. Restorative Justice
5.2. Analysis of Prison Statistics India (https://ncrb.gov.in/en/prison-statistics-india-
2018)
5.3. Summary of the prison rehabilitation process in the students’ respective home
states.
5.4. Management of Prison and prisoners during outbreak of dangerous contagious
disease: A reaction to decision of the Apex Court.
5.5. Vocational training to Prisoners.
Theory and Skill Component: This module will enable students to rekindle the research
skills.
Course Takeaway: To enable students inculcate research based learning practice.

Number of Hours: 12 (2+3+1+2+2+2)

5. Leading Cases/ Case Law Study: (to be discussed in class elaborately)

1. Sunil Batra Etc vs Delhi Administration And Ors. 1978 AIR 1675.
2. Charles Sobraj vs The Superintendent, Central Jail, Tihar, New Delhi 1978 AIR 1514
3. Sunil Batra vs Delhi Administration 1980 AIR 1579.
4. Francis Coralie Mullin vs The Administrator, Union Territory of Delhi 1981 AIR 746
.
5. Permanand katara v UOI AIR 1989 SC 2039.
6. Shri Rama Murthy vs State Of Karnataka AIR 1997 1738.
7. State of Gujarat v Hon’ble High Court of Gujarat A.I.R. 1998 S.C. 3164.
8. State Tr. PS Lodhi Colony, New Delhi v Sanjeev Nanda A.I.R. 2012 S.C. 3104.
9. R.K Anand v Registrar High Court Delhi A.I.R. 2013 SC 670.
10. Solemen SK v State of West Bengal MANU/SCOR/19904/2019.

6. Text Books:

1. J. P. Sirohi, Criminology & Penology, 6th Edi. Allahabad Law Agency (2004)

487
2. Jaytilak Guan Roy, Prisons and Society; A Study of The Indian Jail System, Gian
Publishing House (1989)
3. Kathpalia, G. Crininology and Prison Reforms. Lexis Nexis. (2014)

7. Reference Books:

1. Christopher J. Ferguson, Violent Crime Clinical And Social Implications, Sage


Publications (2010)
2. D. D. Basu, Criminal Procedure Code 1973, 4th Edi. Lexis Nexis Butterworths
Wadhwa Nagpur (2010)
3. Joe Sim, Punishment and Prison power and the Carceral State, Sage Publications
(2009)
4. M. B. Mahaworker, Prison Management Problems and Solutions, Kalpaz
Publications, (2006)
5. N. K. Chakrabarty (ed), Administration of Criminal Justice, The Correctional
Services, Vol. IV, Deep & Deep Publications, New Delhi (1997)
6. N. K. Chakrabarty, Probation System, Deep & Deep Publications (2007)
7. N. V. Paranjape, Criminology & Penology with Victimology, 15th Edi. Central Law
Publications, (2011)
8. Nitai Roy Chowdhury, Indian Prison Laws and Correction of Prisoners, Deep &
Deep Publications (2002)
9. Richard Lawrence, et.al., Juvenile Justice The Essentials, Sage Publications (2010)
10. S. C. Sarkar, Code of Criminal Procedure, 10th Edi. Lexis Nexis Butterworth
Wadhwa, Nagpur (2012)
11. S. C. Raina. Probation: Philosophy Law and Practice, Regency Publications\Astral
International (P) Ltd (1996).
12. S. K. Pachauri, Prisoners and Human Rights, A. P. H. Publishing Corp., (1999)
13. S. M. A. Quadri, Ahmad Siddique’sCriminology & Penology, 6th Edi. Eastern Book
Co., (2009)
14. Shiv Kumar Dogra, Criminal Justice Administrations In India, Deep &Deep
Publications (2009)
15. Stevens M Cox, et.al. Juvenile Justice A Guide to Theory, Policy And Practice,7th
Edi., Sage Publications (2011)
16. Suman Nalwa & Hari Dev Kohli, Commentary on the Juvenile Justice Act, Universal
Law Publishing Co, New Delhi (2011)
17. Upendra Buxi. The future of Human Rights. Oxford University Press, USA (2008).
18. Ved Kumari, The Juvenile Justice System in India From Welfare to Rights, 2nd Ed.,
Oxford University Press (2011)
19. William Chambliss, Juvenile Crime & Justice, Sage Publication (2011)

488
8. Researched Articles Reference:
1. Wright, Kevin N., and Laura Bronstein. "Creating Decent Prisons: A
Serendipitous Finding about Prison Hospice."Journal of Offender
Rehabilitation, vol. 44, no. 4, 2007, p. 1-16. HeinOnline.
2. Gibbens, T. C. N. "Imprisonment and Mental Health."Proceedings of the
Annual Congress of Correction of the American Prison Association, 1950,
1950, p. 251-256. HeinOnline.
3. "The Problems of Modern Penology: Prison Life and Prisoners'
Rights."Iowa Law Review, vol. 53, no. 3, December 1967, p. 671-709.
HeinOnline.

9. Books for advanced Reading:


1. Seiter, R. (2016). Correctional Administration: Integrating Theory and
Practice. Pearson; 3rd edition.
2. Ross, J. I. (2016). Key Issues in Corrections. Policy Press. 2nd edition.
10. Skill Component:
Serial Module Skill Component
No.
1. Module 1: Introduction Theoretical module: Listening
Skills
2. Module 2: Institutional Form of Problem Solving Skills, Oratory
Correction: Acts, Procedures and Rules skills and Analytical skills
3. Module 3: Non-Institutional Form of Problem Solving Skills, Oratory
Correction skills and Analytical skills
4. Module 4: Prison, Prisoner and Theoretical module: Listening
Prisonization Skills
5. Module 5: Research Based Learning Research skills

11. Resource Persons:

1. Prof. N. K. Chakrabarti
Vice Chancellor
WBNUJS

2. Mr. Pramod Tiwari


Assistant Professor
Faculty of Law,
Delhi University (Law Campus 2)

3. Ms. Ankita Shukla


Assistant Professor III

489
Amity Institute of Advanced Legal Studies
Block D, Amity University Campus
Sector 125, Noida- 201303, U.P.

4. Mr Renjith Thomas
Assistant Professor
National Law University, Jodhpur

5. Richard Seiter
Self Employed Consultant in Criminal Justice
The Ohio State University

490
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4413 MERGERS AND ACQUISITIONS (HONOURS PAPER-2)
(Sem. 07/Paper-12)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
COURSE DESCRIPTION

To introduce the understanding of why companies, go for mergers and acquisitions as ways
of corporate restructuring and how companies aim for business expansion. Mergers and
acquisitions increase value and efficiency and move resources to their best uses which
increases innovation and competition thereby making room for corporate lawyers to add
value through deal making and dispute resolution.

LEARNING OBJECTIVES:

1. At the end of the Subject, the students will be imparted with the basic concepts of
commercial awareness of mergers and acquisitions and basis of such transactions.

2. At the end of the Subject, the students will develop an understanding of the work
of the transaction lawyers which constitutes the backbone of mergers and
acquisitions.

3. The students will develop an overall understanding of the nexus between


Companies Act, SEBI Regulations and relevant legal framework with investment
transactions.

4. At the end of the semester the students would be introduced with the Case studies
and specimen drafting for analyzing agreements and contracts in regards of
particular issues.

5. At the end of the subject the students would also learn about the industry skills
such as negotiation, agreement drafting and research to help add value for future
clients.

6. The students would also learn about the potential research areas to develop their
niche within the specialization of mergers and acquisitions.

TEACHING METHOD

This course will be taught by a combination of: Case studies; case law analysis; lectures and
transaction law simulation exercises

MODULE – I: CONCEPTUALISING MERGERS AND ACQUISITIONS


This module shall deal with explaining the meaning of corporate restructuring through the
lens of the steps of deal structuring in mergers and acquisitions such as identifying

491
commercial intent and due diligence behind the transaction and identifying regulators to
complying with.

1. Fundamental concepts – merger, amalgamation, compromise, arrangement, acquisitions,


rearrangement, consolidation, absorption, reconstruction
2. Corporate restructuring, Types of Growth, Types of Corporate Restructuring
3. Due Diligence, objective, types of due diligence
4. Regulations and Regulators
1.5 Identifying the reasons, commercial intent and stages for M&A transactions

THEORY AND SKILL COMPONENT TO BE IDENTIFIED: THEORY (Understanding


meaning of corporate restructuring and its types); SKILL (Identifying commercial awareness
and introduction to transaction work)

COURSE TAKEAWAY: To identify the role that M&A plays for the economy in general
and for corporate law in particular; To make students familiar with concepts which are a must
for buddying corporate lawyers
NUMBER OF HOURS: 12

MODULE – II: TYPES OF MERGERS AND ACQUISITION TRANSACTIONS

This module shall deal with explaining the different types of mergers and acquisitions and
what extent of commercial logic and awareness are required when structuring these
transactions

2.1 Types of M&A structures: Intra group M&A and inter group M&A; NCLT approved
mergers; asset acquisitions, share acquisitions

2.2 Demerger, Methods of demerger, Procedural aspects of demerger,

2.3 Reverse merger: its characteristics

2.4. Concept and Issues- ‘slump sale’ as a ‘going concern’

2.5 Special kinds of M&A: Leveraged acquisitions, Acquihire arrangements, Joint Venture
Structures, Private Investment in Public Equity (PIPE) Transactions

THEORY AND SKILL COMPONENT TO BE IDENTIFIED: THEORY (Understanding


types of mergers and acquisitions and their importance); SKILL (What skills can buddying
corporate lawyers use here to add value for clients)

COURSE TAKEAWAY: Identifying the emerging dimensions of M&A transactions and the
different types and their respective ramifications on the corporate law practice;

NUMBER OF HOURS : 12

492
MODULE – III: LEGAL FRAMEWORK FOR MERGERS AND ACQUISITIONS
This module shall deal with explaining the basic legal framework for mergers and
acquisitions in India. Depending on the transactions, the framework can involve basic and
specific legal framework
3.1 Various legislation like Stamp Act 1899, Companies Act 2013, Competition Act 2002,
Income tax Act 1961, F0reign Exchange Management Act 1999, SEBI (Takeover)
Regulation 1999

3.2 Role of the National Company Law Tribunal (NCLT) in sanctioning mergers

3.3 Role of Dissenting shareholders

3.4 Cross Border Mergers and FDI Regulations

3.5 Anti competitive Agreement, Abuse of Dominance, Combinations under the competition
act 2002

THEORY AND SKILL COMPONENT TO BE IDENTIFIED: THEORY (Basic legal


framework applicable for mergers and acquisitions); SKILL (How to identify grey areas and
navigate them to structure deals within the realm of the law)

COURSE TAKEAWAY: Major legal compliances that are required to be done in a pre deal
and post deal scenario.

NUMBER OF HOURS : 12

MODULE – IV: PERSPECTIVES OF TAKEOVER

This module shall deal with explaining the acquisition of listed companies and by the same
companies and what role SEBI can play in this in regulation.

5.1 Law committees on creating the code of regulation for acquisition

5.2 Objective, Acquired company, targeted company, PAC, escrow account

5.3 Role of SEBI and its regulation relating to Acquisition

5.4 Procedure of acquisitions

5.5Takeover Defense

THEORY AND SKILL COMPONENT TO BE IDENTIFIED: THEORY (How do listed


companies go for acquisitions); SKILL (What transaction law skills are to be executed)

COURSE TAKEAWAY: For listed companies how will takeovers matter for acquisitions

NUMBER OF HOURS : 12

493
MODULE – V: TRANSACTION LAWYERING AND MERGERS AND
ACQUISITIONS

This module shall deal with explaining the steps involved in structuring mergers and
acquisitions and how can they navigate regulatory issues while doing that.

4.1corporate transaction law

4.2 Skill sets prerequisite for transaction law practice: Hard and Soft Skills

4.3 Transaction Lawyering and stages in investment transaction, Transaction Lawyering and
specific agreements, Transaction Law, start-ups and technology law practice

4.4 Tax issues in investment and M&A transactions,

4.5 Stamp Duty issues in Asset Purchase Agreements, Business Transfer Agreements, Share
Purchase Agreements, Court Approved Mergers

THEORY AND SKILL COMPONENT TO BE IDENTIFIED: THEORY ( Importance of


corporate transaction law for mergers and acquisitions); SKILL (How to develop drafting and
research as hard skills and negotiation and communication as soft skills)

COURSE TAKEAWAY: Why transaction law is the backbone for mergers and acquisition
transactions

NUMBER OF HOURS : 12

SKILL COMPONENT RESOURCE PERSON (TENTATIVE)


Module 1: Identifying commercial Ms Soumya Hariharan, Partner in Trilegal
awareness and introduction to transaction soumyahariharan@gmail.com
work
Module 2: What skills can buddying Ms Nidhi Singh, Advocate, Supreme Court
corporate lawyers use here to add value for of India
clients nidhisingh.email@gmail.com
Module 3: How to identify grey areas and Mr. Binoy Parikh, Katalyst Advisors LLP
navigate them to structure deals within the binoy.parikh@outlook.com; Ph:
realm of the law 9979881015
Module 4: What transaction law skills are toMr. Bhumesh Verma, Managing Partner,
be executed Corp Comm Legal
bhumesh.verma@corpcommlegal.in
Module 5: How to develop drafting and Mr. Bhumesh Verma, Managing Partner,
research as hard skills and negotiation and Corp Comm Legal
communication as soft skills bhumesh.verma@corpcommlegal.in

IMPORTANT CASES

8. Zomato Uber Eats Acquisition (2019)

494
9. Microsoft LinkedIn Acquisition
10. Swiggy Acquihire Transaction of Kint.io (2019)
11. Dabur India Ltd and Wipro Demergers (2013-14)
12. Tarun Jiwarajika v SEBI (SAT 2018)
13.
14. Bharti Airtel Ltd and Tata Teleservices Ltd (2017 CCI)
15. Tata Steel Ltd and Bhushan Steel Ltd Combination (2018 CCI)
16. Hindustan Lever v State of Maharashtra (2004 SC)
17. Laurel Energetics Pvt Ltd v SEBI (2017 SC)
18. Asset Purchase Agreements and Business Transfer Agreements (E.g in Telecom
Tower Business)

TEXT BOOKS

1. Reiner Kraakman, et al; The Anatomy of Corporate Law, A Comparative and Functional
Approach, OUP, 3 edition
rd

2. A.K. Majumdar and G.K Kapoor, Company law and Practice, 15th edition, Taxman, 2010

3. Handbook on Merger and Amalgamations and Takeover, Law and Practice, 5th Ed.,
Kluwer Publications, 2012

REFERENCE BOOKS
1. S. Ramanunja, Mergers et al, 2nd edition reprint, Wadhwa Nagpur, 2007
2. Gray Eaborn(edited), Butterworths Takeovers: Law and Practice, 1st edition, Lexis
Nexis Butterworths
3. J. Fred Weston and Samuel C.Weaver, Mergers and Acquisitions, Tata McGraw Hill,
2002.
4. J.C. Verma, Corporate Mergers Amalgamations & Takeovers(Concept, Practice &
Procedure) 5th edition, Bharat Law House, 2008
5. Seth Dua and Associates, Joint Ventures and Mergers and Acquisitions in India Legal
and Tax Aspects, Lexis Nexis Butterworths India, 2006.
6. Securities Exchange Board of India Act, 1992 (with relevant SEBI Manual)
Researched Articles Reference

1. Nexus between Mergers, Acquisitions and Competition Law, Bharati Law Review
(January-March 2016 Issue), Ms Charu Srivastava

2. Combination Control: Strengthening the Regulatory Framework of Competition Law


in India, NUJS Law Review, 5 NUJS L. REV. 425 (2012), Tanaya Sanyal and Sohini
Chatterjee

3. Big Data and Corporate Law: Analyzing the Due Diligence Implications, Test

4. Engineering and Management, Vol. 83, ISSN: 0193-4120, Amrit Subhadarsi

495
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4713: INTERNATIONAL COMMERCIAL ARBITRATION
(HONOURS PAPER-2)
(Sem. 07/Paper-13)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
The main object of this course is to acquaint the students with the law and practice of
International Commercial Arbitration combining a substantive legal understanding together
with a international law perspective.

LEARNING OBJECTIVES:
1. Develop understanding on the laws, treaties and rules relating to international commercial
arbitration;
2. Expose students to the different stages of international commercial arbitration
proceedings;
3. Expose and develop the practical skill sets of students through real cases from various
international tribunals;
4. Expose and develop the practical skill sets of students through simulated cases from
various international tribunals;
5. Analyse the interaction between arbitration, national courts, and international institutions,
whether during arbitration or at enforcement stage.

TEACHING METHOD:
The course will be taught by combination of:
1. Lecture Sessions;
2. Case Study;
3. Judgment Reading;
4. Case law – Research;
5. Presentations.
6. Discussion

Module I: Introduction to Course and International Commercial Arbitration


This Module will introduce the fundamental and conceptual base of International
Commercial Arbitration.

496
1.1 Basic Concepts of International Commercial Arbitration
1.2 Advantages and disadvantages of arbitration
1.3 Introduction to Legal framework
1.4 Recent & Important Supreme Court Decisions

THEORY AND SKILL COMPONENT: Students will develop skills in basic concepts of
international commercial arbitration. Its legal framework within which it function.
COURSE TAKEAWAYS: Students will acquire fundamental and conceptual base of
International Commercial Arbitration. Students have to go through two extensive quiz
sessions (2 classes) on basic concepts.
NUMBER OF HOURS: 12 Hours

Module II: Arbitrability and Arbitrational Agreement


In this Module, the discussion will be on (a) arbitrability and its relevance; (b) detail
analysis of various types of arbitration agreements with class exercises on how to
interpret and draft arbitration agreement.

2.1 Concepts of arbitrability


2.2 Arbitration clauses, submission agreements, and defective clauses
2.3 Content/requirements of arbitral agreements
2.4 Recent & Important Supreme Court Decisions

THEORY AND SKILL COMPONENT: Students will develop critical analysis skills in
concepts of arbitrability and drafting skills related to arbitration clauses, submission clauses
etc.
COURSE TAKEAWAYS: Students will acquire understanding of arbitrability and arbitration
clauses. Students have to go through one class based test on essay type questions and receive
individual feedback (3 classes).
NUMBER OF HOURS: 15 Hours

Module III: The Arbitral Tribunal & Arbitral Proceedings


In this Module the discussion will be on (a) Constitution & Challenges of Arbitral
Tribunal; (b) detail analysis of conduct of arbitral proceedings.
3.1 Basic issues of Constitution & Challenges of Constitution of Arbitral Tribunal
3.2 Basic issues related to conduct of arbitral proceedings
3.3 Fast track arbitration
3.4 Recent & Important Supreme Court Decisions

497
THEORY AND SKILL COMPONENT: Students will develop skills in constitution of
arbitration tribunals, the challenges involved and arbitration proceedings.
COURSE TAKEAWAYS: Students will acquire understanding of arbitral proceedings and
constitution of arbitration tribunals. Students have to go through class room group exercise
related to the topics of the module.
NUMBER OF HOURS: 15 Hours

Module IV: Arbitral Awards


In this Module the discussion will be on content and form of awards and other issues
like confidentiality etc.

4.1 Basic concepts like content and form of awards and types of award
4.2 Confidentiality and publication of awards*
4.3 Challenges of arbitral awards (including effects of challenge like setting aside the
award etc.)
4.4 Recent & Important Supreme Court Decisions

THEORY AND SKILL COMPONENT: Students will develop skills of drafting arbitral
awards, analyzing arbitral awards and the challenges involved.
COURSE TAKEAWAYS: Students will acquire understanding of various types of arbitration
awards. Students have to go for group presentation on issues of international finance and the
topic will be decided by the subject teacher after discussion with concerned groups.
NUMBER OF HOURS: 14 Hours
Module V: Recognition and Enforcement
In this Module the discussion will be on recognition and enforcement of foreign arbitral
awards.
5.1 Basic concepts of recognition and enforcement
5.2 Role of international conventions
5.3 Recognition andenforcement under the New York Convention
5.4 Recent & Important Supreme Court Decisions

THEORY AND SKILL COMPONENT: Students will develop skills on how to interpret
enforcement and recognition of arbitral awards, conflicts in approaches of various domestic
courts to the same international award and issues and challenges of application of New York
Convention.
COURSE TAKEAWAYS: Students will acquire understanding of recognition and
enforcement of foreign arbitral awards.Students have to go for individual presentation with
their own views and opinions with pre-approved topics of their own choice.
NUMBER OF HOURS: 15 Hours

498
CASE REFERENCES
1. Guru Nanak Found. v. Ratan Singh and Sons, AIR 1981 SC 2075
2. Bhatia Int'l v Bulk Trading SA (2002) 4 S.C.C. 105.
3. Oil & Natural Gas Corporation Ltd v Saw Pipes (2003) 5 S.C.C. 705.
4. Venture Global Engineering v Satyam Computer Services Ltd (2008) 4 S.C.C. 190.
5. Phulchand Exports Ltd v OOO Patriot (2001) I.N.S.C. 1038 (decided on October 12,
2011).
6. White Industries Australia Ltd v The Republic of India, Award, November 30, 2011.
7. Bharat Aluminium Co v Kaiser Aluminium Technical Services Inc, Civ App 3678 of
2007(6 September 2012).
8. Ssangyong Engineering & Construction v. National Highways Authority of India, Civil
Appeal No. 4779 of 2019
9. MMTC Ltd. v. M/s Vedanta Ltd., Civil Appeal No. 1862/2014
10. M/s Emkay Global Financial v. Gidhar Sondhi, Civil Appeal No. 8367 of 2018
11. M/s Simplex Infrastructure Ltd. v Union of India, (2019) 2 SCC 455
12. M/s ARSS Infrastructure Projects Ltd v. Calcutta Haldia Port Road Company Ltd.,
O.M.P. (ENF.) (COMM) 55/2017
13. Fuerst Day Lawson Ltd. v. Jindal Exports, (2011) 8 SCC 333
14. Mahanagar Telephone Nigam Limited Vs. Canara Bank & Ors., Judgment dated 08
August 2019 in Civil Appeal No. 6202-6205 of 2019
15. Cheran Properties Ltd. v. Kasturi and Sons Ltd. & Ors., Civil Appeal 10025/2017
16. LMJ Int'l Ltd. vs. Sleepwell Industries Co. Ltd (20.02.2019 - SC)
17. Vijay Karia v. Prysmian Cavi E Sistemi SRL, 2020 SCC OnLine SC 177

TEXT BOOKS
1. Alan Redfern, J. Martin Hunter, Nigel Blackaby, Constantine Partasides, Redfern and
Hunter on International Arbitration, Redfern, Hunter, et al. (2009), Publisher-Oxford
University Press.
2. Emmanuel Gaillard, Berthold Goldman, John Savage, Foucharad Gaillard Goldman On
International Commercial Arbitration, Kluwer Law International, 01-Jan-1999.
3. Born,Gary B, International Commercial Arbitration, Publisher- Kluwer Law
International.

REFERENCE BOOKS
1. Born,Gary B, International Arbitration;Cases and Materials, Aspen Publishers, 2011.
2. David St John Sutton, Judith Gill, Matthew Gearing, Russel on Arbitration, 23rd edition,
Seewt and Maxwell Publication 2013
3. Hunter,Martin; Landau,Toby, The English Arbitration Act 1996 Text and Notes, the
Hague/London/Boston. Publisher- Kluwer Law International, 1998.
4. Jan Paulsson, The Idea of Arbitation, Oxford Publication, 2013.
5. Indu Malhotra, O.P. Malhotra on The Law and Practice of Arbitration and Conciliation,
3rd edition , Thomson Reuters Publication, 2014.

499
6. Ronald Bernstein, Bernstein's Handbook of Arbitration and Dispute Resolution Practice,
Volume 1, Sweet & Maxwell, 2003
RESEARCHED ARTICLES REFERENCE

1. Sarah.E.Hilmer, Did Arb. Fail in India or Did India Fail Arb., Int'l Arb. Review, 33
(2007).
2. Mark Mangan, with the globalisation of arbitral disputes, is it time for a new convention,
Int’l Arb. Review, 133(2008).
3. SANDERS, NEW TRENDS IN THE DEVELOPMENT OF INT’L COMMERCIAL
ARB. AND THE ROLE OF ARBITRAL AND OTHER INSTITUTIONS, ICCA
CONGRESS SERIES (Kluwer Law Int'l 1983).
4. Sumeet Kachwaha, The Arb. Law of India a Critical Analysis, Asian Int'l Arb. Journal,
105-26 (2005).
5. PROF. NADJA ALEXANDER, GLOBAL TRENDS IN DISPUTE RESOLUTION
(Kluwer Law Int'l (Book series), the Hague 2006).
6. IHAB AMRO, RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
AWARDS IN THEORY AND IN PRACTICE (Cambridge Scholars Publishing 2013).
7. David W Rivkin, Christopher K Tahbaz, Mark W Friedman, Frederick T Davis, Global
Arb. Review, http://www.globalArb.review.com.
8. H. A. GRIGERA and PAUL E. MASON, ICA PRACTICE: 21ST CENTURY
PERSPECTIVES (Published by LexisNexis 2010).
9. Andrew Mybargh and Jordi Panagua, Does Int’l Commercial Arb. Promote Foreign
Direct Investment?, The Journal of Law and Economics (August 2016).
10. Merton E. Marks, New Trends in Domestic and Int'l Commercial Arb. and Mediation,
(November 30th, 2003).
BOOKS FOR ADVANCED READING
1. Larry E. Edmonson, Domke on commercial arbitration, Thomson Reuters Publication,
2014.
2. Horacio Grigera Naon, Paul E. Mason, International Commercial Arbitration Practice:
21st Century Perspectives, publisher- LexisNexis,2013.
3. Jean- Francois Poudert & Sebastien Besson, Comparative Law on International
Commercial Arbitration; 2nd edition, 2007, Publisher by- Sweet & Maxwell.

500
Modules Skill Components
MODULE I: INTRODUCTION
TO COURSE AND Students will develop skills in basic concepts of
INTERNATIONAL international commercial arbitration. Its legal
COMMERCIAL ARBITRATION framework within which it function.

MODULE II: ARBITRABILITY


AND ARBITRATIONAL Students will develop critical analysis skills in concepts
AGREEMENT of arbitrability and drafting skills related to arbitration
clauses, submission clauses etc.
MODULE III: THE ARBITRAL
TRIBUNAL & ARBITRAL Students will develop skills in constitution of arbitration
PROCEEDINGS tribunals, the challenges involved and arbitration
proceedings.
MODULE IV: ARBITRAL
AWARDS Students will develop skills of drafting arbitral awards,
analyzing arbitral awards and the challenges involved.
MODULE V: RECOGNITION
AND ENFORCEMENT Students will develop skills on how to interpret
enforcement and recognition of arbitral awards, conflicts
in approaches of various domestic courts to the same
international award and issues and challenges of
application of New York Convention.

RESOURCE PERSONS: International


1. Professor Steve Ngo (Singapore arbitrator, academic and arbitration specialist)
2. Dr. Abdul Rehman Baamir (Legal Expert, Writer and Practitioner, Jeddah, Saudi
Arabia)

RESOURCE PERSONS: National


1. Dr. Risham Garg National Law University Delhi
2. Mr. Daniel Mathew - National Law University Delhi
3. Mr. Nitish Jain, Partner, Shardul Amarchand Mangaldas
4. Mr. Sitesh Mukherjee, Partner, Trilegal

501
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4613: Law Governing Services (HONOURS PAPER-2)
(Sem. 07/Paper-14)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: The law relating to public services in India sets out its journey
from the "Doctrine of Pleasure". Accordingly, the heads of governments enjoyed discretion in
appointing, and terminating the tenure of services of government employees. The employees
were given the opportunity to be heard before getting removed from their services. That led
to the passing of service rules by the governments concerned. The other authorities, though
running with sufficient governmental control, cannot be brought within the purview.

LEARNING OBJECTIVES:

1. The object of the course is to give the students, a better grasp over the service law and
the rules that has been in operation in our Country in various laws and Constitution.
2. The above-stated object is sought to be achieved by concentrating on a study of
certain aspects Service law.
3. The Subject will help the students to learn: Nature of Government Services,
Employment under the State and Constitutional Provisions, Role of PSC etc.
4. The study would include the study of power, structure, together with the manner of
exercise of these powers and the controls/limitations on them.
5. The students would also be familiarized with various forms/techniques used by the
Courts to regulate the service provisions and what are the remedies available to the
aggrieved individuals

TEACHING METHOD:

The teaching methodology that shall be adopted for this paper will be a combination of
lecture method, debates, discussion and research. The teacher shall introduce the topic in the
class and after that the students shall be encouraged to research and analyze on the issues
relating to the subject and present their finding in the class. This shall be followed by
discussions. The effective and principles of pedagogy that are beneficial for online teaching –
video, simulation, text, etc. Engaging students in Webinar where various experts come and
deliver lecture has also proved to be an effective mode.
MODULE – I: Introduction
This module deals with the historical background that lead to the growth of service law in
India. The module also laid emphasis on Master- Servant relationship, Apprenticeship Act
and also how services are regulated by law in Public Sector Undertaking.
SUB-MODULES
Unit I- Historical Background of the emergence of Service Law in India

502
Unit II- Employment in General, Private Employment (Master and Servant
Relationship)
Unit III- Contract of Service and Contract for Service
Unit IV- Employment under Labor (Industrial) Law- The Apprenticeship Act, 1961,
Employment in Organized sector (i.e. in various Industries)- Remedies
Unit V- Employment in Public Sector other than Government- Term of employment-
Statute, Rules and Regulations-
Unit VI- Remedies available to employment working in Public Sector other than
Government.

Theory and Skill Component- Identifying the Apprenticeships policies and government
initiatives. Identifying the fallacies in policies and initiatives taken, also, seeking for policy
recommendation related to Apprenticeship and other related matters

Course Takeaway: At the end of this module the students will be able to identify as what
constitutes master-servant relations, the Contract of Service and Contract for Service. The
Students will be able to understand the various service provisions provided in Labor and
Industrial Law.

NUMBER OF HOURS: 15

MODULE – II: Employment under the State and Constitutional Provision

This module deals with the Constitutional Provisions which deals with the Service Law and
Doctrines associated with the same. It also discusses about some important constitutional
bodies that has been created under the Constitution. In the end it provides with the remedies
available.

Unit I- Service Rules Basis- Entries in the 7th Schedule- Article 309 and 313 of the
Constitution (Doctrine of Pleasure) - Act of the legislature- Delegated Legislation-
Executive Order under Article. 162 and Article 73- Retrospective Operation of Rules

Unit II- Those Holding offices under the State not according to the Doctrine of Pleasure-
Judges- Public Service Commission Members- Election Commission- CAG (Term of
Employment- Termination)

Unit III- Role of PSC (Both Centre and State) in relation to Civil Services -Consultation
with PSC in matter relating to Disciplinary Action

Unit IV- Civil and Defense Services - All India Services- Doctrine of Pleasure- Position
in England- Position in India

Unit V- Article 310- Expression of Doctrine of Pleasure

Unit VI- Protection against Arbitrary Exercise of Pleasure - Article 311- No dismissal or
removal by the subordinate Authority- No Dismissal, removal or reduction without an
opportunity to show cause against the proposed action

503
Theory and Skill Component- The Students will be asked to do comparative research on
Doctrine of Pleasure and its applicable in India and UK. Analyzing the All India Judicial
Service draft proposed by the government and its applicability in India (Pros and Cons)

Takeaway from this module- At the end of this module the students will be able to
understand various constitutional provisions that regulate the services of government. It
also discusses the applicability of Doctrine of Pleasure in India. The students will be able
to understand the limitations on the applicability of the doctrine and remedies available in
case of Infringement. Total number of Hours- 15 Hours.

MODULE – III: Services under the State

This module deals how affirmative actions works in Services and discussion will
comprise of reservation policies and promotion related issues. The module also discusses
about the provisions related to subordinate courts.

Unit I- Nature of Government Services- Mixture of Contract and Status- Statutory


Interventions

Unit II- Equality in Employment, Article 14- Principle for giving effect to equality in
relation to Condition of Services- other than those covered under Article 16

Unit III- Equality in Employment Article 16- Non- discrimination- Reservation-


Quantum- In Promotion- Criterion of Backwardness- Creamy Layer

Unit IV- Subordinate Courts- Appointment, Constitutions of Services, Control and


Retirement of Judges of Subordinate Courts, Chapter VI of the Constitution, Article 233-
237

Unit V- Incidents of Relationship- Fundamental Condition of Service - Salary and


Allowances- Leave, Promotion and Seniority, Substantive Officiating, Temporary,
Probation, Probationers, Termination of tenure- Superannuation- Compulsory Retirement
- Pensions, Gratuity and Provident Fund- Transfer, Deputation- Disciplinary Proceedings

Theory and Skill Components- computation of Pensions, Gratuity and Provident Funds.
Analyzing the recent proposed procedures regarding the Compulsory retirement.

Takeaway from this module- At the end of this module the students will be able to
understand the reservations in Public employment. They will be aware of service
provisions regulating the district courts. The students will be able to compute gratuity,
Pensions and other benefits.

Total number of Hours- 15

504
MODULE- IV- Disciplinary Control and Protection

This module deals with the disciplinary proceedings, the application of principle of
Natural Justice and what are the procedural requirements that are to be met during the
disciplinary proceeding. Also what are the defenses available to the other party.

Unit I- Civil Servant eligible for the Protection- When is punishment imposed- when a
termination will be treated as Punishment?

Unit II- Disciplinary Proceeding - The Doctrine of two opportunities as developed in case
laws- Charge stage and Punishment stage – 15th and 42nd Amendment

Unit III- Opportunity at the Charge Stage - Application of Natural Justice (notice of
charge, evidence, rebuttal, cross examination, counsel, etc.)

Unit IV- Opportunity at the Punishment Stage- 42nd Amendment

Unit V- Where opportunity need not be the given- Proviso to Article 311 (2) - Conviction
in criminal charges- impracticable to hold enquiry- not expedient to hold the enquiry

Unit VI- Misconduct of Public Servant- Liability of Public Services and their
Accountability.

Theory and Skill Components- Framing of Charges against the Public Servant and
being acquainted with the trial proceeding in a service matters.

Takeaway from this module- At the end of this module the students will be able to
understand the doctrines which govern the disciplinary proceedings, the accountability of
public servants and other related issues.

Total number of Hours-13

MODULE V- REMEDIES

In this module the remedies which are available to the Public Servants will be disdussed.
During the course of discussion, relevant provisions of the CPC and the Specific Relief
Act and some parts of Civil Appellate Jurisdiction- will the discussed. Grounds for the
issue of writs.

Unit I- Suits

Unit II- Writs of Certiorari and Prohibition

Unit III- Mandamus

Unit IV- Quo Warranto

Unit V- Administrative Tribunal

505
Skill Components- The students will be made to learn how to file a service petitions and
to understand the procedures of Administrative tribunal. Filing of petition in Tribunals.

Takeaway from this module- At the end of the module the students will be able to
understand the Administrative Tribunals function, provisions related to CPC, Grounds for
the issue of writ of Certiorari, Prohibition, Principles for the issue of Writ of Mandamus,
Duty, Demand, Refusal etc, Principle for the issue of Writ of Quo Warranto.

Total number of Hours- 14

CASE REFERENCES

1. Roshanlal Tondon v. UOI AIR 1967 SC 1889


2. Moti Ram Deka v. General Manager, NEF Railways AIR 1964 SC 600
3. D.S.Naraka v. UOI AIR 1983 SC 130
4. Shamsher Singh v. State of Punjab AIR 1974 SC 192
5. UOI v. Tulsiram Patel AIR 1985 SC 1416
6. Managing Director ECIL Hyderabad v. B. Karunakar AIR 1994 SC 1074
7. Khemchand v UOI AIR 1958 SC 300
8. Purshotam Lal Dhingra v UOI AIR 1958 SC 36
9. Arun kumar Verma v. State of Bihar 2018 SCC Online Pat 2178
10. L Chandra Kumar v UOI AIR 1997 SC 1125

TEXT BOOKS

1. Samaraditya Pal, The Law relating to Public Service, 2nd Ed. Wadhwa and Wadhwa,
Nagpur, 2004
2. Law on Public Service by K.M.Mandal, Edition: 2003
3. Constitution of India, VN Shukla, Edition: 14th, 2020
REFERENCES:

1. Munkman in Employers Liability, 14th Edn, Pages 113 et seq.


2. Relevant Provision of the Indian Contract Act and Specific Relief Act.
3. Reference could also be made to the relevant portions of Halsbury Laws of England,
Halsbury Law of India and Corpus Juris Secrundum
4. O.P.Malhotra, Law of Industrial Dispute 6th Edition, Vol. 1 (Pg.- 235 to 384)
5. SERVICES UNDER THE STATE by M. Rama Jois, Indian Law Institute.
6. RIGHT TO PUBLIC SERVICES IN INDIA-A NEW LEGAL SCENARIO Author(s):
Sindhu Thulaseedharan Source: Journal of the Indian Law Institute, January-March
2013, Vol. 55, No. 1 (January-March 2013), pp. 59-72 Published by: Indian Law
Institute
Researched Articles Reference:
1. Service laws in India judicial corrective to administrative discretion, By- KN Sharma
2. Dotson, Arch. “The Emerging Doctrine of Privilege in Public Employment.” Public
Administration Review, vol. 15, no. 2, 1955, pp. 77–88.

506
3. Legal status of probationers in government service- By Satinder Mohan Mehta

Module Skill Component

MODULE – I:
Introduction Identifying the Apprenticeships policies and government
initiatives. Identifying the fallacies in policies and initiatives
taken, also, seeking for policy recommendation related to
Apprenticeship and other related matters

Module 2: Employment
under the State and To do comparative research on Doctrine of Pleasure and its
Constitutional Provision applicable in India and UK.

Analyzing the All India Judicial Service draft proposed by the


government and its applicability in India (Pros and Cons)

Module 3- Services under


the State Computation of Pensions, Gratuity and Provident Funds.
Analyzing the recent proposed procedures regarding the
Compulsory retirement.

Module 4- Disciplinary Framing of Charges against the Public Servant and being
Control and Protection acquainted with the trial proceeding in a service matters.

The students will be made to learn how to file a service


Module 5- REMEDIES petitions and to understand the procedures of
Administrative tribunal. Filing of petition in Tribunals.

Resource Persons

1. International

Name: Annegret Engel, Senior Lecturer in EU Law at Lund University, UK

Contact details:annegret.engel@jur.lu.se

2.National-

Name- Prof. Satya Narayan Mishra


Contact- 7381109899
Name- Dr. Uday Shankar
Contact-uday@rgsoipl.iitkgp.ac.in

507
7TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4917: Goods & Services Tax (HONOURS PAPER-2)
(Sem. 07/Paper-15)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:

The course has been designed to give an idea on Goods and Services Tax. The course is
designed in such a way that after successful completion of the course the students would be
able to help the industry and small trader to work out their GST and timely submission tax
return to avail the benefit of tax credit mechanism.

Learning Objectives:

1. At the end of the course, the students will get detail knowledge of indirect tax
2. At the end of the course, the students will able to give complete guidance on GST
3. At the end of the course, the students will be able to ascertain and file GST Return
4. At the end of the course, the students will be able to practice as GST Practitioner
5. At the end of the course, the students will be able to help the supplier in charging
accurate GST, i.e., CGST, SGST, UTGST, IGST etc.
6. At the end of the course, the students will be able to help the supplier in finding the
correct value of supply for the charge of GST

Teaching Method:

The Course will be taught by a combination of lectures, seminars, practical examples using
problem solving, case law, discussions, project work, and project presentations. In addition to
readings, case laws, and notes in the text, materials from the web shall be employed to
provide one with source documents and commentaries concerning the development and
articulation of the principles underlying the study of Goods and Services Tax.

4. Course Content:

MODULE 1: BASIC CONCEPTS OF GST


This module has been designed with the motive to inform the students about the primary
concepts and facets of Goods and Services Tax. Student will also know about the registration
process of entities under GST laws. The module consists of the following sub-topics:

Introduction and basic concept of Benefits of GST

508
1. Benefits of GST
2. Constitutional amendment
3. GST registration
4. Related problem

Course Takeaway:
Student will be able to:
 explain the concept of GST and the need for GST in India
 enumerate the persons liable for registration under GST.
 identify the cases where registration is compulsory.
 pinpoint the persons who are not liable for registration.
 describe the procedure for obtaining registration under GST.
 explain the procedure for amendment of registration.
 describe the cancellation of registration and revocation of cancellation of registration
in specified circumstances.

Number of Hours: 14 hrs

MODULE 2: CONCEPT OF SUPPLY

This module has been designed with the motive to inform the students about the concept of
supply in detail, Analyse the taxable event under GST – Supply – its meaning and scope and
compare and appreciate the differences between the taxable events under earlier indirect taxes
regime and the GST regime. The module consists of the following sub-topics:

1. Meaning and scope of supply


2. Relevant definitions
3. Time of supply
4. Value of supply
5. Related problems
Course Takeaway:
Student will be able to:
 identify the transactions that will amount to supply even without any
consideration
 classify certain transactions/activities as supply of goods or supply of services.
 pinpoint the transactions which will be neither the supply of goods nor the
supply of services.

Number of Hours: 15 hrs

509
MODULE 3: PLACE OF SUPPLY
This module has been designed with the motive to explain the students about the provisions
relating to determination of place of supply of goods, both in case of domestic as well as
cross- border transactions and analyse the same to determine the place of supply in a given
situation. The module consists of the following sub-topics:
1. Meaning of place of Supply
2. Relevant definitions
3. Supply of goods and services within India
4. Import and export of goods and services
5. Related problems

Course Takeaway:
Student will be able to:
 determine the place of supply in a given situation.
 identify when know the type of GST (I.e., CGST, SGST and IGST) will be levied
on supply of goods and services

Number of Hours: 15 hrs

MODULE 4: CHARGE OF GST


This module has been designed with the motive to explain the students about the extent and
commencement of GST law and describe the intra-state supply, inter-state supply and supply
in the territorial waters. The module consists of the following sub-topics:

Levy and collection of GST

1. Threshold exemption
2. Composition scheme
3. Composite and mixed supply
4. Related problems

Course Takeaway:
Student will be able to:
 know the provisions pertaining to levy and collection of CGST & IGST.
 identify and analyse the services on which tax is payable under reverse charge
mechanism.
 understand and analyse the composition levy- eligibility for the same and conditions
to be fulfilled.

Number of Hours: 14 hrs

510
MODULE 5: INPUT TAX CREDIT AND PAYMENT OF TAX
This module has been designed with the motive to describe what are inputs, input services,
capital goods and other relevant terms in relation to ITC, explain the various conditions, time-
lines, restrictions and processes for taking ITC on goods and services in general and special
circumstances. This module has been designed with the motive to The module consists of the
following sub-topics:

1. Relevant definition
2. Eligibility and conditions for taking input tax credit
3. Apportionment of credit and block credits
4. Credit in special circumstances
5. Related problems

Course Takeaway:
Student will be able to:
 identify the items on which ITC is available as also the blocked items on which ITC is
not available
 explain the concept relating to availing of proportionate ITC when common inputs or
input service or capital goods are used or intended to be used for exempted and
taxable supplies or business and non-business activities
 comprehend the concept of an input service distributor and the manner of distribution
of credit by him
 describe the manner of recovery of credit distributed in excess
 comprehend, analyse and apply all the above provisions as also the provisions relating
to utilization of ITC in problem solving

Number of Hours: 14 hrs

Leading Cases/ Case Law Study: (to be discussed in class elaborately)

1. IN RE, M/S. NAGRI EYE RESEARCH FOUNDATION (Advance Rulings, May 19,
2020)
2. IN RE, M/S. ANIL KUMAR AGRAWAL (Advance Rulings, May 04, 2020)
3. IN RE, SHREE SAWAI MANOHARLAL RATHI (Advance Rulings, Apr 19, 2020)
4. IN RE, M/S. KARDEX INDIA STORAGE SOLUTION PRIVATE LIMITED
(Advance Rulings, Mar 18, 2020)
5. IN RE, M/S. T&D ELECTRICALS (Advance Rulings, Mar 13, 2020)
6. IN RE, M/S. TATA COFFEE LIMITED (Appellate Authority for Advance Ruling,
Mar 19, 2020)
7. IN RE, M/S. CHENNAI PORT TRUST (Advance Rulings, Sep 26, 2019)

511
8. IN RE, M/S. CHENNAI PORT TRUST (Advance Rulings, Sep 26, 2019)
9. IN RE, M/S. DOLPHINE DIE CAST (P) LTD.( Advance Rulings, May 20, 2020)
10.IN RE, M/S. FAIRMACS SHIP STORES (P.) LTD. (Advance Rulings, Jan 25, 2018)
11.IN RE, M/S. MEGHA AGROTECH PRIVATE LIMITED (Advance Rulings, Mar 23,
2020
12.IN RE, M/S. ACHARYA SHREE MAHASHRAMAN CHATURMAS PRAVAS
VYAVASTHA SAMITI TRUST (Appellate Authority for Advance Ruling, Mar 02,
2020)
13.IN RE, M/S. BHARAT HEAVY ELECTRICALS LTD. (Advance Rulings, Jan 08, 2020)
14.IN RE, M/S. ARIVU EDUCATIONAL CONSULTANTS PVT. LTD. (Advance
Rulings, Sep 30, 2019)
15.IN RE, M/S. DURGA PROJECTS & INFRASTRUCTURE PRIVATE LIMITED
(Advance Rulings, Jul 25, 2019)
16.IN RE, THE LEPROSY MISSION TRUST INDIA (Advance Rulings, Jun 29, 2020)
17.IN RE, M/S. MAHALAKSHMI MAHILA SANGHA (Advance Rulings, May 21, 2020)
18.IN RE, M/S. SHREEJI SHIPPING (Advance Rulings, May 19, 2020)
19.IN RE, M/S. A.B. ENTERPRISE (Advance Rulings, May 19, 2020)
20.IN RE, M/S. SIDDHI MARINE SERVICES LLP (Advance Rulings, May 19, 2020)
21.AMBA INDUSTRIAL CORPORATION vs. UNION OF INDIA & ANR.( High Court
of Punjab and Haryana, Jun 18, 2020)
22.MANGLA HOIST P. LTD. vs. UNION OF INDIA AND ORS.( High Court of Delhi,
Jun 17, 2020)
23.SKH SHEET METALS COMPONENTS vs. UNION OF INDIA & ORS.( High Court
of Delhi, Jun 16, 2020)
24.IN RE, PRASAR BHARTI BROADCASTING CORPORATION OF INDIA (Advance
Rulings, May 19, 2020)
25.BRAND EQUITY TREATIES LIMITED & ORS. vs. UNION OF INDIA & ORS. (High
Court of Delhi, May 05, 2020)

Text Books:

GST How to Meet Your Obligations (Vol. 1 & 2) by S.S. Gupta (Taxmann Publication)

1. GST Ready Reckoner by V.S. Datey (Taxmann Publication)

Reference Books:

GST by Vivek Laddha & Pooja Patwari (Taxmann Publication)

1. GST Input Tax Credit by V.S. Datey (Taxmann Publication)


2. Professional's Guide to GST by Abhishek A. Rastogi (Taxmann Publication)
3. Taxmann’S GST Manual with GST Law Guide

512
Researched Articles Reference:

1. Arora, Krishan , Sachin Sharma, Sahil Gera, PLI Scheme for the automotive sector:
Towards an Atmanirbhar Bharat, [2021] 127 taxmann.com 750
2. Goyal, Abhishek, GST Conundrum: 2b (To Be) Or Not To Be (2b), [2021] 127
taxmann.com 747
3. Bohra, Jay, GST & Corporate Social Responsibility: Opening the Pandora’s box,
[2021] 127 taxmann.com 720
4. Tripathi, Abhishek, Requirement of issuance of show cause notice when only interest
not paid under GST, [2021] 127 taxmann.com 716
5. Amritanshu, Akshay, Provisional attachment under GST: Powerful, but powerless?,
[2021] 127 taxmann.com 670

Books for Advanced Reading:

1. GST Case Laws Digest by taxmann


2. GST Master Guide by Vivek Laddha and Pooja Patwari (Taxmann Publication)

Module Skill Component

Module 1: Basic Concepts of 1. Problems relating to registration in GST law


GST
2. GST registration formalities in the portal and
background preparation

Module 2: Concept of Supply 1. Problems relating to time and value of supply

2. Showing students some real life examples of time of


supply

Module 3: Place of Supply 1. Problems relating to place of supply

2. Showing students some real life examples of place


of supply

Module 4: Charge of GST 1. Problems relating to levy and collection of GST

2. How composite supplier filling happens in portal


and background preparation

Module 5: Input Tax Credit and 1. Real life examples relating to input tax credit and
Payment of Tax payment of taxes

2. How to take input tax credit in the portal and

513
practical difficulties

Resource Persons
International
1. Ayush Ganediwala,
Vice President, Legal, Industrial and Commercial Bank of China.
E-mail I.D.: ayushganediwala@gmail.com
Mobile: +91-99303 07853

2. Amit Shankar Singh Rajput


Legal , Citi Bank, Hong Kong.
E-mail I.D.: amit.shankar@citi.com
Mobile: +91- 99879 86493

National
1. CA Chandresh Nayak
Visiting faculty, KIIT School of Law
E-mail I.D.: ca_chandresh.nayak@yahoo.in
Mobile: +91-8018117826
2. Adv. Ronak Modi
Advocate, Cuttack High Court
E-mail I.D.: modironak97@gmail.com
Mobile: +91-9040474697
3. Mr. Jeevan Ballav Panda,
Partner, Khaitian & Co, New Delhi
E-mail I.D: jeevan.ballav@khaitanco.com
Mobile: +91-98310 53655

4. Mr. Dipti Lavya Swain


Partner, HSA Advocates
E-mail I.D.: dipti.swain@hsalegal.com
Mobile: +91-9004610900

514
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
[LW4012]- Labour Law and Industrial Law I
(Sem. 08/Paper-01)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description

This course is to draw attention of the students briefly to the march of the industrial society
from laissez faire era to the dawn of the concept of welfare state and the need for state
intervention in the area of employer-employee relationship for achieving higher economic
growth tempered with social justice; need for which is more imperative in the present day era
of globalization when both developed and developing economies have framed new economic
policies. The students need to be acquainted with the historical perspective relating to the
development of trade unions of workers in various countries which has been more or less the
same. The struggle of the workers to replace individual bargaining by collective bargaining
to achieve better economic and social progress was intense and painful. Employers thwarted
their attempt to combine by invoking the doctrine of restraint of trade against their
combinations and used doctrines of civil and criminal conspiracies against them to expose
them to economic and physical hardships. It was in this background that State intervention
became necessary to declare such combinations of workers as lawful bodies symbolizing
their aspirations, their right to organise and right to press their demands collectively and to
resort to industrial actions if their claims were not accepted. For this purpose, they were
granted immunities in a limited way against the doctrine of restraint of trade and acts
amounting to simple conspiracies, both civil and criminal. The students need also to know
about the relevance and importance of trade unions in the present global economic scenario in
achieving the object of overall economic development, better conditions of employment and
job opportunities for teeming millions.

In most countries, the state has provided legal framework which establishes general ground
rules for union management interaction and for the purposes of bringing out amicable
settlement of industrial conflicts. Additionally, provision of state service for conciliation,
mediation and arbitration with a view to facilitating the settlement of industrial dispute is
envisaged by law so that the production of goods and supply of various services to the society
are ensured, as far as possible, without any disruption, if mutual negotiations in the form of
collective bargaining fail to bring a settlement of the dispute. The other important functions
of the state has been to establish minimum standards which an employer must adopt and
which provide the base line on which collective bargaining with the employer for securing
higher standards takes place. The state has basic duty to bring equilibrium amongst the
competing and conflicting interests in the society namely, the capital, the workers and the
society at large.

515
The course of Labour Law - I has been designed to generate understanding amongst the
students about the objectives of the labour legislations and enable them to critically examine
the developments and changes that have taken place in the field of labour law from time to
time. The course introduces the students to the important legislations, viz. The Industrial
Relation Code,2020 and Code on Social Security,2020 which regulate industrial relations at
the Central level in India. Two of the codes from the newly enacted four codes are covered
under Labour Law - I syllabus .

(The Syllabus will be Applicable When the New Labour Code will be Implemented)

LEARNING OBJECTIVES

The primary objectives of this course are:

1. To familiarize the students with the need for enactment of the Industrial Relation
Code,2020 which declares trade unions as legitimate bodies, provides immunities to
the registered trade unions, their members and office bearers against the general law
liabilities, namely, restraint of trade and conspiracy, both civil and criminal, as long as
the primary object is to further legitimate trade union objectives in a peaceful manner.

2. To familiarize the students with the provisions of the Industrial Disputes under
Industrial Relation Code,2020 which provides for settlement of industrial disputes
through conciliation, voluntary arbitration and compulsory adjudication and to bring
home to the students the importance of the basic concepts used in it and the social
responsibilities imposed on the employer in certain situations in tune with
constitutional mandate brought about by various amendments to the act in the post-
constitutional period.

3. To familiarize the students with the structure and functionality of ILO and its
Conventions/Recommendation ratified by India

4. To examine whether the present legal framework provided by the state is adequate to
meet the challenges of globalization and to keep the students abreast of the latest
developments in the present economic order and discuss critically the resultant
changes that need to be made in industrial relations law for achieving higher
economic growth tempered with social justice.
5. To make them aware about the Social Security Benefit for Labour under Code on
Social Security,2020

516
TEACHING METHODOLOGY

Teaching would be primarily done by means of Socrates method. There will be few group
works, discussions, project work, and project presentations. In addition to readings, case laws
and notes in the text, materials from the web shall be employed to provide one with source
documents and commentaries concerning the development and articulation of the principles
underlying the study of Labour Law. One is expected to become familiar with these
principles, to be able to extract those principles from the cases studied, and be able to apply
those principles in a reasoned and disciplined manner to factual situations. Final Grades will
be based upon the attendance of the student, as well as his/her performance in, class
discussions, written assignments, research papers and the final examination.

MODULE 1 :Historical perspectives on Labour Law, Labour Jurisprudence and


Industrial Relations

1.1 Importance of Labour Law

1.2. Meaning of Industrial Jurisprudence

1.3. From Laissez faire to welfarism and to globalization: transition from exploitation
toProtection and from contract to status : changing perspectives on labour.

1.4.Concept of Industrial Relations: Factors affecting industrial relations, Importance of


Industrial Relations

1.5. Growth of Industrial Relation Legislation, Constitutional Framework and Industrial


relations, Concept of collective bargaining and Tripartism.

Course take away

This module is a preparatory unit where an effort will be made to elucidate the students a
fairly good idea about the very fundamental question of evolution of Labour Law and
introduce to them some basics of this debate and matters related thereto.

Skill Development component- The students would be able to understand the importance
and need of Labour Law.

MODULE 2 :INTERNATIONAL LABOUR ORGANISATION

2.1. International Labor Organization : Genesis, development and dimensions,

2.2 aims and objectives of ILO

2.3 Organs of the International Labor Organization (i) The International Labour Conference
(ii) The governing Body (iii) The International Labour Office (iv) The Regional Conferences
and Industrial Committees, their composition, functions, etc.

517
2.4: The I.L.O Legislative Procedure, Conventions, Recommendation, The I.L.O. Standard
and Indian ratification, I.L.O. Conventions and

2.5: Indian Labour Legislation with special reference to Labour welfare Social Security,
Human Rights and Social Justice, Technical Assistance, I.L.O. and Appraisal with special
reference to India.

Course take away

This module has been designed with the motive to give the students an idea about
comparative law in order to better understand Labour Legislations in India. The aim is to
recognize how the legal traditions of International order can enrich your knowledge. It is true
that every state has its own Labour Law but in the era of globalization there are legal
situations that often touch more than one state. Having good understanding of the
International Perspective would also enable the students to appreciate the diversity of legal
systems in the world and the implications of that diversity in our legal system.

Skill Development component- The students would be able to understand the role of ILO in
the development of Labour Law and its practical implications.

MODULE 3 : INDUSTRIAL RELATIONS UNDER THE INDUSTRIAL LAW :


CHANGING PROSPECTIVE OF INDUSTRIAL LAW
3.1 Definition: Appropriate Government, Industry, Industrial Dispute, Employer,
Workmen, Wages.

3.2 Strike and Lockout: Meaning thereof. Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility
services and other industries, Financial aid and instigation of illegal strikes as an
offence, prohibition of strikes and lockout by appropriate Government after
reference of dispute for adjudication or arbitration. Distinction between lockout and
closure, strike and lockout, Concept of Gherao.

3.3 Lay-off and Retrenchment: Their meaning, Difference between lay-off and
Retrenchment their application, necessary preconditions for their application,, when
lay-off and retrenchment compensation, special provisions relating to lay-off,
retrenchment and closure in certain establishments, penalty and punishment for
illegal lay-off or retrenchment, consequences of illegal lay-off or retrenchment.

3.4 Penalties: Penalty for illegal strikes and lock-outs, Penalty for instigation, Penalty
for giving financial aid to illegal strikes and lock-outs, Penalty for breach of
settlement or reward, Penalty for disclosing confidential information, Penalty for
closure without notice, Penalty for other offenses.
3.5 Industrial Dispute under Industrial Relation Code,2020

518
Course take away -

The module is designed for students to understand the Industrial dispute and entire legislative
mechanism to deal with legislative system. Newly Enacted IRC.2020 is also incorporated in
the syllabus.

Skill Development component - The students would be able to understand thePractical


implication of Industrial law and mechanism of Lay off/Retrenchment.

MODULE 4 : JUSTICE SYSTEM UNDER THE LABOUR LEGISLATION

4.1. Works Committee, Conciliation Officer, Board of Conciliation, Court of Enquiry,


Labour Court, Industrial Tribunal and National Tribunal
4.2Arbitration, their composition, powers, and duties,
4.3different modes of settlement
4.4Distinction between conciliation, arbitration and adjudication, their merits and demerits,
compulsory and voluntary arbitration.
4.5 Award Nature of award. Operation of Award, Implementation of Award.

Course take away -

The module is designed for students to understand the Justice System under Labour Law to
deal with the various disputes of Labour Law.

Skill Development component - The students would be able to understand various case
study and rules/regulations regarding justice system.
MODULE 5 :TRADE UNIONS UNDER INDUSTRIAL LAW
5.1 Representation of parties: The role of the Trade Unions in Modern Industrial Society of
India, Trade Union of Employers and Workers, their forms and types in India; Intra Union
and inter-union rivalries, Trade union movement vis-a-vis Rural Labour.
5.2 Registration of Trade Unions : Procedure for registration of Trade Union, Grounds for
withdrawal and cancellation of registration, Rights and liabilities of a registered Trade
Union, Difference between a registered and a recognised Trade Union
5.3 - How general fund of registered Trade Union be utilised, Political fund of a registered
Trade Union, Requirements to become member or the office-bearer of a registered Trade
Union, change of name and amalgamation of Trade Unions and their consequences,
Penalties for offences of trade unions, powers and duties of Registrar towards Trade
Unions.
5.4Recognition of Trade Unions, Civil and Criminal liabilities of Trade Unions.
5.5 Trade Union under Industrial Relation Code ,2020

Course take away -

519
The module is designed for students to understand the Trade Union and entire legislative
mechanism to deal with legislative system. Newly Enacted IRC.2020 is also incorporated in
the syllabus.

Skill Development component - The students would be able to understand thePractical


implication of Industrial law and mechanism of Trade Union.

MODULE 6 : SOCIAL SECURITY LEGISLATION

6.1 Doctrine of Added Peril and Doctrine of Notional Extension

6.2 Employee's Compensation : Aims Objective and Scope; Definition Substantive and
Procedural Provisions regarding Compensation; role of Workmen's Compensation
Commissioner

6.2. Employees State Insurance : Aims, Objectives and Scope; Definitions Corporation,
Standing Committee and Medical Benefit Council, Contribution Kinds of benefits and
eligibility, Conditions, Adjudication of Disputes and claims

6.3. Employees Provident Funds : Aims, Objectives and Scope, Definitions Central Boards
and its Role Provident Fund Scheme; Deposit Linked Insurance Scheme; Family Pension
Scheme Maternity Benefits Act, 1961: Aims, Objective and Scope Admissible Benefits and
Eligibility, Criteria and Forfeiture; Role of Inspector

6.4 Social Security under The Code On Social Security, 2020


Course take away -

The module is designed for students to understand the Social Security and entire legislative
mechanism to deal with legislative system. Newly Enacted CSS.2020 is also incorporated in
the syllabus.

Skill Development component - The students would be able to understand the Practical
implication of Social Security legislation with various case law.

Case References :

 Management of Chandramalai Estate v. Its Workmen, AIR 1960 SC 902


 Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593 :
(1980) 1 LLJ 137 (SC)
 B.R. Singh v. Union of India (1989) 4 SCC 710
 Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572
 Essorpe Mills Ltd. v. P.O.; Labour Court (2008) 7 SCC 594
 Mohan Lal v. The Management of M/s. Bharat Electronics Ltd., AIR 1981 SC 1253
 Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer,
Labour Court (1990) 3 SCC 682 217
 State of Rajasthan v. Rameshwar Lal Gahlot, AIR 1996 SC 1001

520
 Uptron India Ltd. v. Shammi Bhan, AIR 1998 SC 1681
 S.M. Nilajkar v. Telecom. District Manager, Karnataka (2003) 3 SCALE 533
 The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire Stone Tyre & Rubber
Co. Pvt. Ltd. (1976) 3 SCC 819 : AIR 1976 SC 1775
 Orissa Textile and Steel Ltd. v. State of Orissa, AIR 2002 SC 708
 U.P. State Brassware Corporation Ltd. v. Uday Narain Pandey (2006) 1 SCC 479
 Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad. 231
 The Tamil Nad Non-Gazetted Government Officers’ Union, Madras v. The Registrar of
Trade Unions, AIR 1962 Mad. 234
 Registrar of Trade Unions v. Government Press Employees Union (1976) Lab 1C 280
(Mad.)
 Tirumala Tirupati Devasathanam v. Commissioner of Labour (1995) Supp.(3) SCC 653

TEXT BOOKS (3 BOOKS)

 Mishra, S.N., ‘Labour and Industrial Laws’, 28th Edition, Central Law Publications,
2016.
 Saharay, H.K., ‘Textbook on Labour and Industrial Law’, 7th Edition, Universal Law
Publishing co., 2017.
 Singh Avtar and Harpeet Kaur, ‘Introduction to Labour and Industrial laws’, 4th Edition,
Lexis Nexis Publications, 2017.
REFERENCE BOOKS :( 6 REFERENCE BOOKS )

 Shrivastav , S.C. Social Security and labour Law


 Mahesh Chandra : Industrial Jurisprudence
 N. Vaid Nathan : International Labour Standards
 Indian Law Institute - Labour Law and Labour Relations(1968)
 V.V. Giri, Labour Problems in Indian Industry(1972)
 Srivastava,S.C.: Treaties on Social Security
RESEACHED ARTICLE RFERENCE

 K.R. Shyam Sundar, No Dialogue with Trade Unions, India's Labour Laws Are Now a
Product of Unilateralism, The Wire, 7th June 2020.
 G. Sampath, A Supreme Court judgment poses an old question to India’s labour
movement: how to unionise contract workers, The Hindu, 2016.
 Shukla K, Purohit M, Gaur SP. Studying ‘Make in India’ from the Lens of Labour
Reforms. Management and Labour Studies. 2017;42(1):1-19.
doi:10.1177/0258042X17690842
 Karani A, Panda R. ‘Make in India’ Campaign: Labour Law Reform Strategy and Its
Impact on Job Creation Opportunities in India. Management and Labour Studies.
2018;43(1-2):58-69. doi:10.1177/0258042X17753177
 Ramapriya Gopalakrishnan,Changes in Labour Laws Will Turn the Clock Back by Over a
Century, THE WIRE, 2020

521
Module Skill Component

Module 1: Historical perspectives on


Labour Law, Labour Jurisprudence and Research paper Writing
Industrial Relations

Module 2:International Labour


Organisation Topic Presentation

Module 3 : Industrial Relations Under


The Industrial Law : Changing Case Study
Prospective Of Industrial Law

Module 4 : Justice System Under The Group Discussion


Labour Legislation

Module 5 : Trade Unions Under


Industrial Law Report Writing

Module 6 : Social Security Legislation


Group Presentation

List of Resource Persons


1. International
 Dr. Rene E. Ofreneo, Professor Emeritus and Former Dean of the School of Labor and
Industrial Relations (SOLAIR), University of the Philippines, Email :
reneofreneo@yahoo.com
 Prof Alan Neal, School of Law ,University of WarwickUnited Kingdom, Email:
alan.neal@warwick.ac.uk

2. National

 Dr. PRAVIN SINHA ,President,National Labour Laws Association Email :


ep.nlla@gmail.com

 Prof.(Dr.) B. T. Kaul ,Advocate , Supreme Court of India , Email : btkaul@yahoo.com


 Dr. S. C. Srivastava , Secretary General, NLLA, Email : sc2003srivastava@yahoo.co.in
 Sh. Onkar Sharma, Dy Cief Labour Commissioner(OS),Delhi,Email Id.
onkar.sharma64@nic.in

522
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4014: Environmental law
(Sem. 08/Paper-02)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

course Description:

Keeping the fact in mind that the present subject would be taught to the students as a general
paper, the main object behind teaching this subject is to make the students understandthe
orientation of legal framework towards sustainable economic activity, local and international
legal frameworks for environmental protection, climate change protection and vital use of
natural resources. The students are also exposed to many issues like water law, business and
trade, different forms of pollution, land issues and environmental justice.

Learning Objectives:

i. To impart an understanding of the basic principles of environment law, like


sustainabledevelopment, precautionary principle, Public trust doctrine, etc.

ii. To make you understand as to how these principles are expressed under both international
and domestic laws.

iii. To focus on the specified areas in the syllabus, and to understand how the existing lawsare
interpreted and made purposeful with reference to judicial decisions and other sources.

iv. The students will sensitize with the environmental concerns and understand their roles
towards protecting the environment.

v. A deep understanding of their rights, duties and responsibilities in environmental matters


will develop.

Teaching Method: (Briefly describe the pedagogy)

The methodology adopted for the course would be a combination of the following:

 Lecture method
 Case method
(c) Anatomical
(d) Physiological
 Group discussions
 Inviting specialized persons in this field for delivering lectures

523
Course Content:

MODULE-1
This module aims to impart an understanding of the basic principles of environment law,
like sustainable development, precautionary principle, Public trust doctrine,etc to the
students.

Introduction&Fundamental Principles of Environmental Protection:


1.1. Concept of Environment – Meaning and Scope;
1.2. Development v. Environment; Sustainable Development – Meaning,
Definition, Object, and Scope;
1.3. Environmental Ethics
1.4. Inter-generational and Intra-generational Equity;
1.5. Precautionary Principle, Polluter Pays Principle, Public Trust Doctrine.

Course takeaway: The students will understand the Jurisprudence behind the development
of Environmental law and the underlying principles behind the development of such law.

Theory: Concept of Environment, Sustainable Development and underlying principles,


Environmental Ethics

Number of hours: 12 hours

MODULE -2

This module will help students to understand as to how the principles of environmental law
are expressed under domestic laws and integrated in the provisions of the Constitution of
the country and also to understand how the existing laws are interpreted and made
purposeful with reference to judicial decisions and other sources.

Constitutional Perspective
2.1. Right to Healthy Environment;
2.2. Fundamental Rights & Duties - Right to Wholesome Environment;
2.3. Public Interest Litigation;
2.4. Directive Principles of State Policy.

Course takeaway: The students will know about the major provisions that casts
Constitutional obligations over the Government as well as the citizen in regard to

524
improvement and protection of environment. They will also learn how our Indian Judiciary
has over the period interpreted such provisions.

Skill component: Moot sessions can be conducted for the students where they will to draft
writ petitions on behalf of the aggrieved parties whose fundamental right get violated due to
environmental pollution and also can draft written statement regarding the same issue on
behalf of the defendants.

Number of hours: 12 hours

MODULE -3
This module introduces the students to treaty law and key concepts of international
environmental law. International environmental law is relatively recent subset of international
law; and international law has been developing over a long period of time.

International Environmental Law


3.1. International environmental law - Nature,and scope.
3.2. Stockholm declaration & Rio declaration
3.3. UNFCCC &recent developments
3.4. Relation between trade and environment

Course takeaway: Students will have an understanding of the origin, evolution and
expansion of international environmental law and will be able to identify and critically
analyse international environmental law instruments.
Theory: Concept of International Environmental Law, Stockholm and Rio Declaration,
UNFCCC and relation between Trade and Environment
Number of hours: 12 hours

MODULE -4

Water Pollution and Air Pollution

4.1. The Water (Prevention and Control of Pollution) Act, 1974&The Air
(Prevention and Control of Pollution) Act,1981
4.2. Water Pollution& Air Pollution –Meaning, Causes and Effects;
4.3. Central and State Pollution Control Boards –Constitution, Powers,and
Functions;
4.4. Offenses & liabilities of Companies

525
Course takeaway:

To provide the students with critical analysis of the definitions of the various environmental
pollutions and pollutants as provided under the National legislations vis-à-vis the
international approach in defining the above. Also, the module shall provide an in-depth
analysis of the functioning of the pollution control boards and their jurisdiction.

Skill component:

An extensive study of the functions and administrative role of the Central Pollution Control
Board and the various State Pollution Control Boards in environmental protection regime
through problem solving exercises and expert lectures .

Number of hours: 12 hours

MODULE -5

This module focuses on The Environment (Protection) Act,1986 as it is one of the most
comprehensive legislation with a pretext to protection and improvement of the
environment.This module will also focus on the need, aims and objectives of the National
Green Tribunal.

Environmental Protection
5.1. The Environment (Protection) Act, 1986;
5.2. Meaning of “Environment” and Environmental Pollutant”;
5.3. Powers and Functions of the Central Government;
5.4. Environmental Impact Assessment,(EIA);
5.5. National Green Tribunal Act;
Course takeaway:

Students will be introduced to a deep insight on the objectives of the Environment Protection
Act, the role of governmental authorities. Students will also understand about the need for
establishment of National Green Tribunal and judicial trends followed under it.

Skill component: To invite experts from the Ministry of Forest and Environment for a
deliberation on the policy making processes in relation to environment. Also, at the end of the
module students can be provided assignments on analyse and research on the major National
Green Tribunal Cases decided till date.

Number of hours: 12 hours

MODULE -6

Human-Wildlife Coexistence

526
6.1. The Indian Forest Act, 1927;
6.2. The Forest (Conservation) Act, 1980;
6.3. Forest Dwellers; The Scheduled Tribes and Other Traditional Dwellers
(Recognition of Forest Rights) Act, 2006 and its implications under
developmental projects
6.4. Kinds of Forest Land - Private, Reserved, Village, Protected;
6.5. DE reservation of Forests – Non-Forest Use of Forest Land;
6.6. Protection of Wildlife – The Wildlife (Protection) Act, 1972;
Course takeaway:

To provide the students with an in-depth instruction on the reintroduction of the modern issue
of community land rights vis-à-vis forest and wildlife conservation in a post-postmodern
India.

Skill component:

To provide in-depth analysis of the decentralized decision making by indigenous forest


communities as a vital Indian case study through real case content analysis and expert
lectures.

Number of hours: 12 hours

Case Law Study:

1. Trail Smelter Arbitration (United State/Canada), 3 U.N. Rep. Int’l Arb. Awards 1905
(1941)
2. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
3. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
4. Subhash Kumar v. State of Bihar, AIR 1991 SC 420
5. Rural Litigation and Entitlement Kendra v. State of U.P., (1985) 2 SCC 431
6. M.C. Mehta v. Union of India, AIR 1997 SC 734
7. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
8. M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997
9. M.C. Mehta v. Kamal Nath, 2002 (2) SCALE 654
10. M.C. Mehta v. Union of India, AIR 1988 SC 1037
11. M.C. Mehta v. Union of India, AIR 1988 SC 1115
12. M/s Delhi Bottling Co. Pvt. Ltd. v. Central Board for the Prevention and Control ofWater
Pollution, AIR 1986 Del. 152
13. MC Mehta v Union of India, 1987 AIR 1086 (Oleum Gas Leak case)
14. Union Carbide Corporation v Union of India, AIR 1992 SC 248
15. Orissa Mining Corporation v Ministry of Environmetn and Forest, (2013)6 SCC 476
16. Murali S. Doara v Union of India AIR 2002 SC 40
17. L.K. Koolwal v. State of Rajasthan
18. Indian handicrafts Emporium v. Union of India
Text books :

527
1. P. Leelakrishnan, Environmental Law in India (5th ed., 2019)
2. Gurdip Singh, Environmental Law in India (2nd ed 2016)
3. P. Leelakrishnan, Environmental Law Case Book (2nd ed., 2010)
4. S. SHANTHAKUMAR-- Introduction To Environmental Law, Lexis Nexis Butterworths
Wadhwa

Researched articles reference:

1. https://www.tandfonline.com/doi/full/10.1080/23311886.2019.1653531
2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2822183/
3. M. Dinesh Kumar (2018) Water management in India: the multiplicity of views
and solutions, International Journal of Water Resources Development, 34:1, 1-15, DOI:
10.1080/07900627.2017.1351333
4. Chetan Pandit & Asit K. Biswas (2019) India’s National Water Policy: ‘feel good’
document, nothing more, International Journal of Water Resources Development, 35:6,
1015-1028, DOI: 10.1080/07900627.2019.1576509
5. Introduction to International Environmental Law
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/06._environmental_law/01._
introduction_to_international_environmental_law/et/5721_et_01_et.pdf
6. International Environmental Law Multilateral Environmental Agreements
https://wedocs.unep.org/bitstream/handle/20.500.11822/21491/MEA-handbook-
Vietnam.pdf?sequence=1&isAllowed=y
7. Kashwan, P., 2017. Democracy in the Woods: Environmental Conservation
and Social Justice inIndia, Tanzania and Mexico. Oxford University Press, New York,
pp.133.
8. Bandi, M., 2014.Forest Rights Act: Towards the End of Struggle for
Tribals?.SocialScientist,Vol. 42, No. 1/2 ,p.68.
9. Bhullar, L., 2008. The Scheduled Tribes and other Traditional Forest
Dwellers (Recognition ofForest Rights) Act, 2006: A Critical Appraisal, Law,
Environment and Development Journal,
4/1,p.20.
Advanced readings:

1. Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (4th
ed., 2018).
2. Shibani Ghosh ed., Indian Environmental Law: Key Concepts and Principles(2019).
3. Geetanjoy Sahu, Environmental Jurisprudence and the Supreme Court: Litigation,
Interpretation, Implementation (2014)
4. Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India– Cases,
Materials and Statutes (2nd ed., 2001)
5. Stuart Bell & Donald Mc Gillivray, Environmental Law (7th ed., 2008)

528
Module Skill Component
Module 1: Concept of Environment, Sustainable
Introduction&Fundamental Development and underlying principles,
Environmental Ethics
Principles of Environmental
Protection:

Moot sessions can be conducted for the


Module 2: Constitutional students where they will to draft writ
petitions on behalf of the aggrieved parties
Perspective whose fundamental right get violated due
to environmental pollution and also can
draft written statement regarding the same
issue on behalf of the defendants.
Module 3: International Environmental Concept of International Environmental
Law Law, Stockholm and Rio Declaration,
UNFCCC and relation between Trade and
Environment
Module 4:Water Pollution and Air An extensive study of the functions and
Pollution administrative role of the Central Pollution
Control Board and the various State
Pollution Control Boards in environmental
protection regime through problem solving
exercises and expert lectures .
To invite experts from the Ministry
Module 5:Environmental ofForest and Environment for a
deliberation on the policy making
Protection processes in relation to environment. Also,
at the end of the module students can be
provided assignments on analyse and
research on the major National Green
Tribunal Cases decided till date.

Module 6: Human-Wildlife Coexistence To provide in-depth analysis of the


decentralized decision making by
indigenous forest communities as a vital
Indian case study through real case
content analysis and expert lectures.

529
Resource Persons

1. International
i. Prof.Rob Fowler, Adjunct Law Professor at the University of Adelaide and former Chair
of the IUCN Academy of Environmental Law (IUCNAEL), Fulbright Scholar

ii. Prof. Klaus Bosselmann , University of Aukland

iii. Volker MAUERHOFER, Professor and Chair, Environmental Science (Specialization in


Social Science), Department of Ecotechnology and Sustainable Building Engineering,
Mid Sweden University

2. National

i. Mr Samyak Samantara, Wildlife Conservation Officer, O/O PCCF, Odisha

ii. Ms. Pooja Chandran Nambiar, Foundation for Ecological Security

iii. Ms. Vidhi Thukral, Senior Programme Officer, Centre for Environmental Law-WWF,
India

iv. Dr. Veena Roshan Jose, Director, Center for Research in Environmental Law, Director,
Centre for Law, Ethics and Biomedicine, DNLU

530
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4016: PRIVATE INTERNATIONAL LAW
(Sem. 08/Paper-03)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

To introduce and impart the understanding of the Principles of Private International Law on
disputes and transactions that have legal implications involving Municipal Legal System of
more than one sovereign. Understanding the subject allows students to better address any
legal situation that crosses the border.

LEARNING OBJECTIVES:

1. To impart the basic understanding of Private International Law;


2. To make understand the principles so as to determine the jurisdiction in dispute having
foreign element;
3. To develop the ability to understand and analyse choice of law provisions for various
disputes;
4. To introduce students with the concepts related to recognition and enforcement of
foreign judgments;
5. To help in understanding and building the skill set to interpret the case law.

TEACHING METHOD:

The course will be taught by combination of:

1. Lecture Sessions;
2. Case Study;
3. Judgment Reading;
4. Case law – Research;
5. Presentations.

MODULE-I: Introduction -Evolution, Definition and Scope

This Module will introduce the fundamental and conceptual base of Private
International Law.

1.1 Meaning, Nature Private International Law


1.2 Scope of Private International Law
1.3 Difference between Private International Law and Public International Law
1.4 Development of English Private International Law
1.5 Modern theories

531
1.6 Bases of Conflict of Laws: Comity, Convenience and Justice
THEORY AND SKILL COMPONENT: Students will develop critical analysis skills in basic
concepts of private international law; its development under English law and its legal
framework within which it function.
COURSE TAKEAWAYS: Students will acquire understanding of evolution of Private
International Law. Students have to go through two extensive quiz sessions (2 classes) on
basic concepts.
NUMBER OF HOURS: 12 Hours

MODULE-II: Choice of Jurisdiction & Concept of Domicile


In this Module, the discussion will be on (a) Jurisdiction and its relevance; (b) detail
discussion on various concepts of domicile. There will be class exercise on how to
determine jurisdiction and identify the domicile of individual or entity.

Choice of Jurisdiction
2.1 Who can file suits; Immunity from Suits: Position in International Law
2.2 Renvoi
2.3 Scope of the application of Renvoi
2.4 General and Special Statutory Provisions relating to Jurisdiction in India
Concept of Domicile
2.5 Concept of Domicile: Meaning and Definition and Types
2.6 Domicile Residence and nationality

THEORY AND SKILL COMPONENT: Students will develop critical analysis skills in
interpretation of jurisdiction, domicile and issues and challenges associated within it;
COURSE TAKEAWAYS: Students will acquire understanding of concepts of jurisdiction
and domicile. Students have to go through one class based test on essay type questions and
receive individual feedback (3 classes).
NUMBER OF HOURS: 12 Hours

MODULE-III: Choice of Law in Marriage


In this Module the discussion will be on (a) Formal validity of marriage and Essential
validity of marriage; (b) detail analysis of issues related to marriage of individuals from
different countries.

3.1 Formalities of marriage and


3.2 Capacity to marry
3.3 Dual – Domicile Rule
3.4 Exceptionsto dual domicile Rule
3.5 De facto cohabitation, same sex relationship and presumption of death
3.6 Concept of Matrimonial cause and available Reliefs: Divorce, Nullity, and Judicial
Separation Financial Relief

532
THEORY AND SKILL COMPONENT: Students will develop critical analysis skills in
concepts related to matrimonial relationship and the consequences with foreign element;the
validity or capacity of marriage in different jurisdiction alongwith determination of laws
and/or jurisdiction at the time of divorce, judicial separation or nullity.
COURSE TAKEAWAYS: Students will acquire understanding of choice of law issues in
marital relationship. Students have to go through class room group exercise on related issues.
NUMBER OF HOURS: 12 Hours

MODULE-IV: Choice of Law in Contract


In this Module the discussion will be on issues related to applicable law of contracts,
forms of validity of contracts.

4.1 Formal Validity of Contract


4.2 Essential Validity of Contract
4.3 Proper Law governing Discharge of Contract
4.4 Lex loci solutions governing contract
4.5 Doctrine of proper law of contract - subjective and objective theories
4.6 Legal Regime applicable to international arbitration agreement

THEORY AND SKILL COMPONENT: Students will develop skills in contractual


interpretation and analysis of international contracts.
COURSE TAKEAWAYS: Students will acquire understanding of choice of law issues in
contractual relationship. Students have to go for group presentation on issues of the module
and the topic will be decided by the subject teacher after discussion with concerned groups.
NUMBER OF HOURS: 12 Hours

MODULE-V: Choice of Law in Property


In this Module the discussion will be on issues related to applicable law to various types
of properties like movable or immovable.

5.1 Various theories on jurisdiction


5.2 Jurisdiction under Common law rules
5.3 Jurisdiction under Brussels Conventions
5.4 Jurisdiction under Lugano Conventions
5.5 Choice of Law and Tangible and Intangible Moveable: Position in England and India
5.6 The various theories on the law applicable to assignments of debt

THEORY AND SKILL COMPONENT: Students will develop skills related to properties
issues and its dealing with foreign element; laws to deal with different types of property, like
for immovable property lex situs, for movable property we have mobilia sequntuur personam.
COURSE TAKEAWAYS: Students will acquire understanding of choice of law issues in
property issues. Students have to go for individual presentation with their own views and
opinions with pre-approved topics of their own choice.

533
NUMBER OF HOURS: 12 Hours

MODULE-VI: Recognition and Enforcement of Foreign Judgments


In this Module the discussion will be on Recognition and Enforcement of Foreign
Judgments with special reference to Indian and English Common Law provisions.

6.1 Principles of International Law and International Conventions on the subject;


6.2 position in England
6.3 Decisions of English judiciary

6.4 Position in India


6.5 Statutory provisions in India
6.6 Decisions of Indian judiciary

THEORY AND SKILL COMPONENT: Students will develop skills in interpreting issues
related to recognition and enforcement of foreign judgement in relation to England and India.
COURSE TAKEAWAYS: Students will acquire understanding of issues related to
recognition and enforcement of foreign judgement. Students have to go for group discussion
on the topics selected by students and teacher from the above module.
NUMBER OF HOURS: 12 Hours

CASE REFERENCES

1. Mostyn v Fabrigas (1775)


2. Hilton v Guyot
3. Bremer v Freeman
4. Forgo Case. (Complete history of the Forgo case is given by Philonenko, L'Affaire Forgo
(1932) 59 CLUNEr 281)
5. Mark v Mark
6. Whicker v Hume
7. Jopp v Wood
8. IRC v Bullock
9. Bowie (or Ramsay) v Liverpool Royal Infirmary
10. Chief Adjudication Officer v Bath
11. Radwan v Radwan
12. Simonin v Mallac
13. Satya v Teja
14. Norman Lawrence v Helena Lawrence
15. Sottomayor v De Barros
16. Auten v Auten
17. Republik Griechenland v Grigoris Nikiforidis
18. Akai Pty Ltd v Peopele’s Insurance Company Ltd.

534
19. Cranstown v Johnston
20. In Pearce v Rem Koolhas
21. The British South Africa Company v The Companhia De Moçambique
22. Cambridge Credit Corpn Ltd. V Lissenden
23. Goetschius v Brightman
24. Proctor v Frost

TEXT BOOKS

16. James Fawcett and J.M.Carruthers, Cheshire, North & FawcettPrivate International Law
(Oxford University Press, 14th edn., 2008).
17. Peter North and J.J.Fawcett, Cheshire and North’s Private International Law (Oxford
University Press, First Indian Reprint, 2006).
18. Paras Diwan, Private International Law (Deep & Deep Publications, 4th edn., 1998).

REFERENCE BOOKS

1. Alba Mayss, Principles of Conflict of Laws (Cavendish Publishing Ltd., 3rd edn., 1999).
2. Atul Setalvad, Conflict of Laws (Lexis Nexis, 2nd edn., 2009).
3. K.B.Agrawal and V.Singh, Private International Law in India (Wolters Kluwer, 2010).
4. G.Panagopoulos, Restitution in Private International Law (Hart Publishing, 2000).
5. Jason Chuah and Richard Earle, Statutes and Conventions on Private International Law
(Cavendish Publishing, 2nd edn., 2004).
6. F.E.Noronha, Private International Law in India (Universal Publishing, 2010).

Modules Skill Components


Students will develop critical analysis skills in basic concepts
MODULE-I: INTRODUCTION of private international law; its development under English
-EVOLUTION, DEFINITION law and its legal framework within which it function.
AND SCOPE

Students will develop critical analysis skills in interpretation


MODULE-II: CHOICE OF of jurisdiction, domicile and issues and challenges associated
JURISDICTION & CONCEPT within it.
OF DOMICILE
Students will develop critical analysis skills in concepts
MODULE-III: CHOICE OF related to matrimonial relationship and the consequences with
LAW IN MARRIAGE foreign element;the validity or capacity of marriage in
different jurisdiction alongwith determination of laws and/or
jurisdiction at the time of divorce, judicial separation or
nullity.

535
Students will develop skills in contractual interpretation and
MODULE-IV: CHOICE OF analysis of international contracts.
LAW IN CONTRACT

Students will develop skills in contractual interpretation and


MODULE-IV: CHOICE OF analysis of international contracts.
LAW IN CONTRACT
Students will develop skills in interpreting issues related to
MODULE-VI: RECOGNITION recognition and enforcement of foreign judgement in relation
AND ENFORCEMENT OF to England and India.
FOREIGN JUDGMENTS

RESOURCE PERSONS:

1. Lalit Kumar Deb (Dean, Birla School of Law, Birla Global University, Bhubaneswar)
2. Prof. (Dr.) Manoj Kumar Sinha (Director, Indian Law Institute)
Contact: director@ili.ac.in; Phone: 011-23386321 Intercom: 110

3. Prof. Rajyalakshmi, V (Professor of law, Andhra University)

536
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4018: Cyber Law
(Sem. 08/Paper-04)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Learners of this course will be well-equipped to unlock their potential in the lucrative field of
cyber law. They will gain expertise on policy and get fundamental legal training in this
rapidly evolving field. While the modules range from the theoretical to the practical, the
overriding objective is to provide students with a liberal education that will allow them to
maximise their industry-specific knowledge and can build a career in technology law.

Learning Objectives:

1. In this course students will be introducted to different national and international principles that are
involved in regulating cyberspace.
2. The course is designed to introduce the studnets to techniques, technology and law for online
transactions.
3. Students taking the course will be expected to develop knowledge and understanding the nuances
of dispute resolution in cyberspace.
4. The course will help students to have in depth knowledge of information technology legislation
and understand the adjudication process involved in cybercrimes.
5. The course will provide deep insights for students with techniques and technologies for
monitoring and gathering personal data and the legal regulatory framework of right to privacy,
data security and data protection.
6. The students will be able to be conversant with the social and intellectual property issues
emerging from cyberspace.
Teaching Methodology: The methodology adopted for the course would be the following:

 Lecture method
 Case study method:
 Group discussions
 Videos and documentaries recommended for clear understanding
 Inviting specialized persons in this field for delivering lectures
MODULE – I: Introduction to Cyberspace

Cyberspace is a notional environment in which communication over computer network


occurs. Develop research skills, knowledge of technical and legal related aspects to
cyberspace. This is an introduction to regime of cyber laws and its need.

1.1 Need and scope of cyber law


1.2 Growing concerns relating to cyberspace and cyber technology

537
1.3 Important definitions under Information Technology Act (IT Act )
1.4 Theories of jurisdiction in cyberspace

Course takeaway: Purpose and Object of Information - Technology Act, 2000

Skill component: Transactional lawyering for international transactions online, involving


cross-border entities across multiple jurisdictions

Number of hours: 10

MODULE -2: Recognition and authentication of Electronic Records

This module helps in understanding the legal significance and working of electronic signature
and how it serves to be the functional equivalent of paper based signatures. The module also
helps in understanding the nuances of requirements of digital contracts.

2.1 Legal recognition of electronic records under IT Act

2.2 Authentication by use of asymmetric cryptosystem

2.3 Electronic Signature and digital signature under the IT Act, 2000

2.4 Public key infrastructure

2.5 Regulation of certifying authority under the IT Act

2.6 Validity of digital contracts

Course takeaway: Understanding online commercial transactions and learning authentication


techniques of electronic records.

Skill component: Negotiate, draft electronic contracts and provide key strategic insights on
various virtual transactions.

Number of hours: 14

MODULE -3: Civil liabilities and adjudication under Information Technology Act 2000

This module aims to teach cyber disputes and the corresponding dispute resolution system as
provided under Indian legislation.

3.1 Cyber torts and contraventions


3.2 Adjudication under the Information Technology Act 2000
3.3 Judicial and Quasi-Judicial bodies under IT Act
3.4 Dispute Resolution under IT Act
Course takeaway: Procedural understanding of adjudication system

538
Skill Component: Adjudication of cyber contravention.

Number of hours: 8

MODULE 4: Criminal Liability under the IT Act

This module introduces the student to the crimes in the cyber world and their statutory
recognition in India.

4.1 Introduction to ccybercrimes


4.2 Cyber Crimes vs. cconventional crime
4.3 Classification of Cyber-crimes
4.4 Cyber-crimes under the IT Act
4.5 Prosecution of cyber-crime under the IT Act

Course takeaway: Legal reasoning and application of the IT Act by interpreting listed crimes
and unlisted crimes within the statutes.

Skill Component: Legal actions and procedures of handling of cyber crime

Number of hours: 14

MODULE -5: Data protection in Cyberspace

This module helps in analyzing the individual’s right to privacy and role of intermediary in
cyberspace and their ramifications.

5.1 Interception & Monitoring of Electronic Communication under IT Act

5.2 Privacy Issues in cyberspace - international and national prespective

5.3 Digital Data and its Protection (Data protection Bill 2019) & IT Act

5.4 Content liability in cyberspace

5.5 Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021

Course takeaway: Learning privacy enhancing technologies and techniques

Skill component:

 Identifying loopholes in privacy policies of service providers in cyberspace.


 Drafting notice of non-compliance for data protection regulations and their breach.
Number of hours: 14

Module - 6 :Contemporary issues in Cyber Space

539
With the high development of ubiquitous computing, mobile computing, and social
computing, the physical world and cyber world are increasingly integrating and merging
leading to new issues every day. This module has been designed to make the students aware
and address the emerging trends, issues, and studies in the trans-disciplinary domains to share
the common goal of cyber-enabled world.

6.1Domain name dispute in cyberspace


6.2Infringement of copyright in cyberspace
6.3 Cyber espionage
6.4 Cryptocurrency
Course takeaway: Understanding ADR and awarnress of emerging techno-legal issues.

Skill Component: Drafting take down notice, mediation

Number of hours: 8

Case Law Study:


 International Shoe Co. Vs State of Washington, 326 US 310 (316) (1945)
 Panavision International vs. Toepen 141 F.3d 1316
 Zippo manufacturing v Zippo dot. com 952 F.Supp.1119
 Syed Assifudin and Ors. vs. State of AP 2005 CRI LJ 4314
 State of Tamil Nadu vs. Suhas Kutti, 4680 of 2004, Criminal Complaint
 Avinish Bajaj vs. State (2005) 3 CompLJ 364 De
 Satyam Infoway vs Sifynet Soln. Ltd; 2004(3)AWC 2366 SC
 Justice K.S. Puttaswamy Vs. Union Of India,(2017) 10 SCC 1
 Karmanya Singh Sareen v. Union of India (Civil) No. 804 of 2017)
 Whatsapp LLC vs Union of Inida , Delhi High Court , 26th May 2021

Text books
1) Aparna Viswanathan, Cyber Law: Indian & International Perspectives on Key
Topics Including Data Security, E-commerce, Cloud Computing and Cyber Crimes
2) Vakul Sharma & Seema Sharma, Information Technology Law and Practice-
Cyber Laws and Laws Relating to E-Commerce
3) Nandan Kamath, Law Relating to Computers Internet & E-commerce
Researched articles reference:
 https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1163&context=mttlr
 https://cis-india.org/internet-governance/publications/jurisdictional-issues
 https://www.natlawreview.com/article/privacy-and-data-protection-india-wrap-2020
 http://tnsja.tn.gov.in/article/Cyber%20space%20vis%20%20corrected%20new%2012
082018.pdf
 Other essential readings materials to be provided by the subject teacher during
classes.

540
Advanced readings:

1. Commentary on the Information Technology Act along with Rules, Regulations,


Policies, Notifications, Pavan Duggal, Lexis Nexis
2. Supreme Court On Information Technology Act Internet And Cyber Laws And
Aadhaar,Surendra Malik and Sudeep Malik, Eastern Book Company

Module Skill Component

Module 1: Introduction to Cyberspace Transactional lawyering for international


transactions online, involving cross-border

Module 2: Recognition and Negotiate, draft electronic contracts and


authentication of Electronic Records provide key strategic insights on

Module 3: Civil liabilities and Adjudication of cyber contravention.


adjudication under Information
Technology Act 2000

Module 4: Criminal Liability under the Legal actions and procedures of handling of
IT Act cyber crime
 Identifying loopholes in privacy
Module 5: Data protection in Cyberspace policies of service providers in
cyberspace.
 Drafting notice of non-compliance for
data protection regulations and their
breach.
Module 6: Contemporary issues in Cyber
Space Drafting take down notice, mediation

Resource Persons

1. International

Name:Mr. Kenneth Adu-Amanfoh, Executive Director at ACDRO Africa


Cybersecurity and Digital Rights Organisation

Contact details:kenamanfo@gmail.com,kenneth.adu-amanfoh@acdro.org

541
3. National

 Mr. Nandan Kamath, Principal Lawyer, LawNK,

Contact details:nandan@lawnk.com

 Mr. Rakesh Maheshwari, Sr. Director and Group Co-ordinator,Cyber Law &
eSecurity at Ministry of Electronics and Information Technology

Contact details:rakeshmaheshwari@gmail.com

 Ms. Bagmisikha Puhan, Associate Partner, TMT Law Practice, New Delhi
Contact details:bagmisikha.puhan@gmail.com

 Ms. Nappinai N S,Advocate, Supreme Court, Founder-Cyber Saathi; Advisor-TNeGA;


Maharashtra Cyber-Police; Author-Cyberlaws; Tedx Speaker
Contact details:nappinai@gmail.com

542
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW4812 : LAWOFTRADESECRETS,DESIGNSANDTECHNOLOGY
TRANSFER (Honous Paper-1)
(Semester 08/Paper-5)
Credits: Total Class Hours: 72 (including tutorials & proctors)

Course Description
This Course will explain and address the IP implications in course of transfer of technology
transactions between diverse interfaces like academia, industry, Govt. Enterprises etc.
Apart from that, other legal aspects of such transactions including contracts, drafting of
clauses, confidentiality issues etc. will also be covered. Additionally, the Course will also
cover the law relating to Designs and the law relating to Trade Secrets and Confidential
Information, with emphasis on relevant statutory provisions, case law, and drafting of
clauses for commercial transactions.

Learning Objectives
Through this course, the following objectives will be met -
1) Students will be able to relate with the aspects of IPR involved in the business and
transactional strategiesemployed by firms and organizations to enhance the
commercial value of their IP assets.
2) Students will be able to understand and apply their knowledge and experience in
real time case situations which will broaden their critical thinking skills.
3) Through drafting exercises, students will be able to construct rational legal clauses
and arguments, which are required to best secure their client’s interest in transactions
and negotiations.
4) Students will also be conversant with the Law and practice of protection of
industrial designs in India, including the procedure for filing of registration,
enforcement, and transactions involving designs.
5) The course will also include comprehensive coverage of the law relating to trade
secrets and confidential information, wherein the student will be able to apply their
understanding of the law to draft and advise clients to identify and prevent
unauthorized breach of commercially viable information, and also to act in cases of
breach and provide lawful remedy in such cases.

Teaching Learning Methodology:

The methodology adopted for the course will be the combination of:
1) Class lecture and discussion;
2) Video lectures and discussion;
3) Case discussion and analysis;
4) Problem solving and analysis;
5) Invitational lectures from practitioners in this field of law;

543
MODULE-I: BASICCONCEPTOFTRANSFEROFTECHNOLOGY
Introduction:This module will introduce the concept of technology transfer, its significance
in the present knowledge economy, and the IP implications in these transactions. This
module will also highlight the role of lawyers in a technology transfer transaction, along with
the various facets of law required to successful conduct such transaction.

2.12. UnderstandingTechnologyTransfer
2.13. RoleofIPRintechnologytransfer
2.14. Elementsandtypesoftransferoftechnology.
2.15. Roleoflawyersintechnologytransferactivities.

Course Takeaways: The student will be able to formulate a response to some of the
following key questions -
1) What is technology transfer?
2) What are the legal aspects of a technology transfer transaction?
3) What roles does a lawyer have in a technology transfer transaction?

No. of Hours: 18 hours

MODULE-II: MODESOFTECHNOLOGYTRANSFER
Introduction: This module will explain in the detail the principal modes of technology
transfer undertaken by enterprises and institutions, with focus being on the legal implications
involved in each of these modes. Further, the module will analyse the provisions and impact
of significant legislations in India and abroad, which have played a vital role in facilitating
technology transfer processes across the world.

4.1. ModesofTechnologyTransfer–Types,LegalAspectsandImplications
4.2. RoleofTransnationalOrganizationsinthetransferoftechnology
4.3. Academia –IndustryTechnologytransferandlegalimplications
4.4. Prominent Legislations and Technology Transfer – Bayh Dole Act 1980 (US),
Stevenson WydlerAct 1980(US), PUPFIP Bill2008 (India)
4.5. GovernmentownedInventionsandTechnologyTransfer
Course Takeaways: The student will be able to formulate a response to some of the
following key questions -
1) What are the laws that regulate and facilitate technology transfer?
2) What are the legal implications for transnational enterprises sharing presence and
proprietary technology to a new market?
3) What types of collaborations are possible amongst the prominent players in the spectrum
of technology transfer?

No. of Hours: 18 hours

MODULE-III:
INTELLECTUALPROPERTYRIGHTSANDTRANSFEROFTECHNOLOGY
Introduction:This module will focus specifically on the interplay between intellectual
property rights and technology transfer modes and processes. It will include a thorough
analysis of the IP implications of such process, including its effect in the other players in the
importing market. The module will also guide in drafting clauses to overcome common
concerns in commercial technology transactions.

544
5.1 IPRprotectionandimpactontransferoftechnology
5.2 Spill-overandIPRimplications
5.3 CommercialtechnologytransferandIPR
5.4 Draftingofcommercial contractsandclauses
Course Takeaways: The student will be able to formulate a response to some of the
following key questions -
1) How does the IPR laws and policy impact inflow and outflow of technology from the
market?
2) What are the IPR implications in a standard commercial technology transfer transaction?
3) What are the common concerns in technology transfer and what type of clauses can best
protect client interest in these transactions?
No. of Hours: 18 hours

MODULE-IV: LAWOFTRADESECRETANDCONFIDENTIALINFORMATION
Introduction:This module will discuss the concept of commercially viable confidential
information and trade secrets, and the legal framework and mechanism needed to secure the
confidentiality. The module will help the student to identify the necessary legal clauses,
obligations, agreements etc. necessary to preserve confidentiality, as well as the enforcement
mechanism required to protect the viablity of the information in case of breach.

• . IPRandConfidential Information
• LawofBreachofConfidence
• Civil Action for Breach of Confidence
• InformationHavingNecessaryQualityofConfidence
• The Obligation of Confidence on the Confidant
• DetrimentalUnauthorisedUse
• Defencesand Remedies
• TradeSecretProtectionandEnforcement
Course Takeaways: The student will be able to formulate a response to some of the
following key questions -
1) What are trade secrets and how is it different from commercially valuable confidential
information?
2) What are the legal measures required to protect such information from being breached?
3) What are the legal measures that can be invoked in case there has been a breach of
confidentiality?

No. of Hours: 10 hours

MODULE-V: LAWOFDESIGN

Introduction:This module will introduce the concept of Design protection in India, and
highlight the similarities and difference between protection of subject matter under the
Designs Act and other types of IP rights. The module will also discuss in detail the procedure
for registration of designs in India, and the measures required to enforce the protection
conferred by such registration.

5.1 . IntroductionandConceptofProtectionofIndustrial Design


5.1.1. EssentialsofDesign–Novelty,Originality,Non-functionality

545
5.1.2 InterfacebetweenCopyright,TrademarksandDesignProtection
5.1.3 StatutoryProtectionofIndustrial DesignsinIndia –DesignsAct,2000
5.2 RegistrationofIndustrialDesign
5.3 RightsofProprietorofRegisteredDesign
5.4 InfringementofRegisteredDesign,Protection,EnforcementandDefences.
Course Takeaways: The student will be able to formulate a response to some of the
following key questions –
1) What is covered under the Designs Act, 2000, and how can a design be registered?
2) How is protection under the Act different from protection conferred by patents, copyright
and trademark for the same subject matter?
3) What is the procedure to initiate and enforce a registered design?
No. of Hours: 8 hours

CASE REFERENCES
1. AnilGuptaandAnr.v.Kunal Dasgupta[97(2002)DLT257]
2. BombayDyeingandManufacturingCo.Ltd.v.MeharKaran Singh2010(112)BomLR3
3.CadburySchweppes Inc vFBIFoods Ltd,[1999] 1SCR14
4.Cocov. Clark[1969] RPC41
5.Diljeet Titus,AdvocatevAlfredAAdebare(130(2006)DLT330)
6. Fraserv.ThamesTelevision[1983]2AllE.R.101
7. JohnRichardBradyv.Chemical Process EquipmentsP.Ltd.[AIR1987Delhi 372]
8. PrinceAlbert v.Strange[1849]EngR261
9. SaltmanEngineeringv. Campbell Engineering[1948]65 RPC203
10. Stanford v. Roche 563 U.S. 776 (2011)

BOOKS

1. MarkAnderson,TechnologyTransfer Law,PracticeandPrecedents, 2nd Edition, 2003, Lexis


Nexis Butterworths.
2. Graeme B DinwoodieandMark D.Janis,TradeDress andDesignLaw, 1st Edition, 2010,
Wolters Kluwer.
3. P.C.,Millet TheEncyclopaediaofFormsandPrecedentsVol-21(3)-
IntellectualProperty,TradeMarks,Design, Border Measures and Taxation, 1st Edition, 1991,
Lexis Nexis Butterworths.
4. MartinHowe,Russel ClarkeandHoweonIndustrialDesign, 1st Edition, 2005, Sweet and
Maxwell.
5. TechnologyTransferSystemsinUnitedStatesandGermany : Lessons and Perspectives, 1st
Edition, 1997, National Academies Press.

ARTICLES

546
1. Harvey Brooks, What We Know and Do Not Know about Technology Transfer: Linking
Knowledge to Action, from a symposium held in Irvine, California, 28–30 November
1994
(National Academy Press, Washington, DC, 1995);
2. ClaudioRFrischtak,HarmonizationVersusDifferentiationinIntellectualPropertyRightRegim
es,
available at <https://www.nap.edu/read/2054/chapter/8>;
3. EdwinMansfield,UnauthorizedUseofIntellectualProperty:EffectsonInvestment,
Technology Transfer,and Innovation, available at
<https://www.nap.edu/read/2054/chapter/9>;
4. ShaneTomlinson,PelinZorluandClaireLangley,InnovationandTechnologyTransfer:
Innovationand diffusion indevelopingcountries
5. PrabuddhaGanguli,Industry-AcademicInteractioninTechnologyTransferandIPRTheIndian
Scene:AnOverview;
6. MichaelSMireles,AdoptionoftheBayhDoleActinDevelopedCountries-AddedPressure
ForABroadResearch ExemptionIn the United States?
7. AmitShovonRayandSabyasachiSaha,PatentingPublic-
FundedResearchForTechnologyTransfer:AConceptual-EmpiricalSynthesisofUS
Evidence andLessonsfor India;
8. PeterMagic,InternationalTechnologyTransferandIntellectual PropertyRights;
9. JohnH.Barton,AdaptingtheIntellectualPropertySystemtoNewTechnologies;
10. JohnA.Armstrong,TrendsinGlobalScienceandTechnologyandWhatTheyMeanforIntellect
ual PropertySystems;
11. Elif Bascavusoglu and Maria Pluvia Suniga, The Effects Of Intellectual Property
Protection OnInternationalKnowledge Contracting;
12. LeeG.Branstetter,RaymondFisman, C.FritzFoley, DoStronger
IntellectualPropertyRightsIncreaseInternational TechnologyTransfer?EmpiricalEvidence
fromU.S. Firm-Level PanelData;

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1.
CRSReportforCongress:PatentOwnershipandFederalResearchandDevelopment(R&D):ADisc
ussiononthe Bayh Dole Actandthe Stevenson-WydlerAct, available at
<https://www.everycrsreport.com/files/20010910_RL31142_7f9152079e0ba0a77b0f6aff9ec5
2b139dfa4877.pdf>
2.
UnitedNationsIndustrialDevelopmentOrganizationWorkingPaperonTheRoleofIntellectualPro
pertyRightsin TechnologyTransferandEconomic Growth:Theoryand Evidence, available at
<https://www.unido.org/sites/default/files/2009-
04/Role_of_intellectual_property_rights_in_technology_transfer_and_economic_growth_0.p
df>
3. GuidelinesontheapplicationofArticle81oftheECTreatytotechnologytransferagreements,
available at <https://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:52004XC0427(01)&from=DE#:~:text=Article%2081(1)
%20prohibits%20all,distortion%20of%20competition%20(6).>
4. MichaelWNicholson,IntellectualPropertyRights,InternalizationandTechnologyTransfer,
available at <https://www.ftc.gov/sites/default/files/documents/reports/intellectual-property-

547
rights-internalization-and-technology-transfer/wp250_0.pdf>

SKILL COMPONENTS

MODULES SKILL COMPONENTS


Module I: BasicConceptOfTransferOfTechnology 1)Analytical skills for understanding
the fundamental aspects of
technology transfer transactions.
2) Critical Thinking skills to
understand the legal implications in a
technology transfer transaction.
Module II: ModesOfTechnologyTransfer 1) Analytical skills to understand the
dynamics of technology transfer in
different types of institutions across
various sectors.
2) Problem solving skills for
application of statutory provisions
and case law to solve real time issues
related to technology transfer.

Module III: - 1) Analytical skills for relating the


IntellectualPropertyRightsAndTransferOfTechnology concepts of IPR with issues in
transfer of technology
2) Problem solving skills for drafting
contractual clauses to avoid potential
dispute in technology transfer
transactions.

Module IV: 1) Critical thinking skills to identify


LawOfTradeSecretAndConfidentialInformation transactional vulnerabilities for
breach of confidential information
and trade secrets.
2) Problem solving skills for drafting
contractual clauses to avoid potential
breach of valuable information.

Module V: Law Of Design 1) Advisory skills to advise on the


law and procedure for registration of
designs in India.
2) Civil litigation skills for enforcing
protection of registered designs.

548
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4512: Cyber Crimes and Cyber Forensics
(Honous Paper-1)
(Semester 08/Paper-5)
Credits: Total Class Hours: 72 (including tutorials & proctors)

Course Description

This course aims to groom the students to enable them to work on current technology
scenarios as well as prepare them to keep pace with the changing face of technology and the
requirements of the growing IT industry.

Learning Objectives

1. To impart the understanding of various types of crimes relating to computers and


internet.
2. To make the students understand, the provisions of law and the changes that have
taken place over the years.
3. To correctly define and cite appropriate instances for the application of computer
forensics Correctly collect and analyze computer forensic evidence  Identify the
essential and up-to-date concepts, algorithms, protocols, tools, and methodology of
Computer Forensics
4. To comprehend key cases, legal terms, clauses, and chronologies and usage of
forensic laws and techniques. To articulate informed opinion over important,
controversial issues relating to cybercrimes and to recognize which issues are critical
to the decision in a case.
5. To understand lacunae and limitations in the process and also learn the nuances of
computer usage in order to lessen the propensity of the potential victims to fall prey
to such kind of crimes. To make the students understand basic computer ethics and
internet related etiquette.

549
Teaching Learning Methodology

3. Lecture method
4. Case study method
5. Experts classes
6. Videos and documentaries recommended for clear understanding
MODULE-I: Meaning and ambit of cyber-crimes and cyber forensics

Introduction: This module will help understand the basic fundamental of cyber crimes and
forensics.

1.1 Fundamentals of Cybercrimes and Cyber Forensics


1.2 International conventions and National frameworks
1.3 Cybercrimes – Indian Law Framework
1.4 Legal Aspects of Cyber Forensics
Course Takeaways: Fundamental understanding use and need of forensics in cyber world.

No. of Hours:10

MODULE-II: Security of Computer and Networked System

Introduction: This module will help understand computer security system.

2.1 The State of threats against computers, and networked systems,

2.2 Overview of computer Security,

2.3 Vulnerability assessment, managing firewalls and VPNs,

2.4 Overview of Instruction Detection and Intrusion prevention Network and host-
based IDS

2.5 Classes of attackers, kids/ hackers/ sophisticated groups, automated technologies

Course Takeaways: Learn the need of computer security

No. of Hours: 12

MODULE-III: Cyber Forensics, Networks and Mobiles

Introduction: This module will help understand the legalities, evidence collection
mechanisms and admissibility.

3.1 Evolution, definition and scope of Cyber, Network, Incident Forensics

550
3.2 Tools for collection, Extraction, Examination and Organization of Evidence

3.3 Forensic and Anti-Forensic Tools

3.4 Incident Response and Handling Process

3.5 Admissibility of Electronic Evidence under Indian Law and its implications

3.6 Challenges to Electronic Evidence and Evidentiary Weight

Course Takeaways: Purpose and Object of Information - Technology Act, 2000

No. of Hours:14

MODULE-IV: Search, seizure, evidence and Security Guidelines in the virtual world

Introduction: This module will help understand the procedural aspect of evidence
collection.

4.1 International Organization on Computer Evidence (IOCE) principles and


guidelines

4.2 Evidence in virtual world and Investigation procedure

4.3 Seizure process, rules and mistakes made by victims or the seizing officer

4.4 Use and Implementation of Virtual Machines in Forensic Analysis

4.5 Implementation of Information Security Programme, Information Classification


and Management;

4.6 Expert Opinion in Electronic Evidence

Course Takeaways: Understanding procedure of investigation and process of forensic


applicability.

No. of Hours:14

MODULE-V: Profiling of Cyber criminals

Introduction: This module will help understand the psychology of criminals in the cyber
world.

5.1 Cybercrime psychology

5.2 Psychological Theories with cyber criminals

551
5.3 Impact of Cyber crimes

5.4 Trends and Extent in Cyber crimes

5.5 Application Threats and Countermeasures

Course Takeaways: Understand and appreciate the element of psychology in committing


crimes.

No. of Hours:10

CASE REFERENCES

1. Justice K. S. Puttaswamy(retd) and Anr vs. Union Of India and Ors.


MANU/SCOR/11831/2015
2. Anvar PV vs. PK Basheer and Ors.; (2014) 10 SCC 473
3. NCT of Delhi Vs. Navjyot Singh Sandhu; AIR 2005 SC 3820
BOOKS

1. BooDr. Marjie T. Britz; Computer Forensics and Cyber Crime: An Introduction


2. Adam M. Bossler, Kathryn C. Seigfried-Spellar, and Thomas J. Holt; Cybercrime and
Digital Forensics: An Introduction

552
ARTICLES

 https://link.springer.com/referenceworkentry/10.1007%2F978-3-319-78440-3_25
 Cybercrime and Criminological Theory: Fundamental Readings on Hacking, Piracy,
Theft, and Harassment [Fundamental Readings on Hacking, Piracy, Theft, and
Harassment (First Edition)] Edited by Thomas J. Holt Paperback ©2013
 https://blog.eccouncil.org/5-cases-solved-using-extensive-digital-forensic-evidence/
 https://www.irjet.net/archives/V4/i6/IRJET-V4I6303.pdf
 http://www.itu.int/ITUD/cyb/cybersecurity/docs/Cybercrime%20legislation%20EV6.
pdf?utms urce=Contextly&utmmedium=RelatedLinks&utmcampaign=AroundWeb
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Aparna Viswanathan, Cyber Law: Indian &amp; International Perspectives on Key


Topics : Including Data Security, E-commerce, Cloud Computing and Cyber
Crimes
2. Vakul Sharma; Seema Sharma, Information Technology Law and Practice- Cyber
Laws and Laws Relating to E-Commerce
3. Nandan Kamath, Law Relating to Computers Internet &amp; E-commerce

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Identification of Cybercrimes
MODULE 1: Meaning and ambit of cyber-
crimes and cyber forensics

Awareness building to avoid being victim of


MODULE 2: Security of Computer and cybercrimes.
Networked System

As lawyers, they can question the credibility


MODULE 3: Cyber Forensics, Networks of electronic evidence looking into the
and Mobiles procedural aspect of evidence collection.

Understanding practicality of expert opinion


Module 4: Search, seizure, evidence and on electronic evidence.
Security Guidelines in the virtual world

Analyzing through case studies, Inductive and


Module 5: Profiling of Cyber criminals Deductive reasoning, articulation.

553
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4412: BANKRUPTCY AND INSOLVENCY LAW (Honous Paper-1)
(Semester 08/Paper-7)
Credits: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:
This course will provide an introduction to the theory, policy and key principles of corporate
insolvency law. The course will focus on the key corporate insolvency procedures of
liquidation, administration, deed administration, receivership as well as informal business
rescue, and comparative developments in major jurisdictions. The course will also examine
the role of government, regulators, the insolvency profession and other `stakeholders in
corporate insolvency law, including the duties and conduct of directors in relation to
businesses in financial difficulty. Cross-border insolvency issues will be examined.

LEARNING OBJECTIVES:

The learning objective of this course is to enable the learners to


1. Identify the informal and formal insolvency procedures available in India, the legal
principles governing the cross-border insolvency and the key economic and social
aspects of the practice of corporate insolvency law
2. Explain, analyze, evaluate, synthesize and solve practical issues about corporations,
corporate officers, shareholders and creditors in the insolvency setting
3. Write clearly and concisely about Corporate Insolvency Law
4. Apply excellent research skills to identify and effectively use Corporate Insolvency
Law resources
5. Develop critical thinking about how to improve Corporate Insolvency Law
6. Comment on the ethical development of Corporate Insolvency Law

TEACHING METHOD:

Interactive lectures, discussions & class activities including group work & debates based on
case studies that support legal theories learned in class.

MODULE – 1 CORPORATE BANKRUPTCY AND INSOLVENCY: INTRODUCTION


Introduction to the Module

The objective of this module is to impart insights on different theories behind the
development of insolvency law and make the learners conversant with fundamental principles
governing insolvency and bankruptcy of distressed companies.
1.1. Corporate Financial Distress and Failure
1.2. Theoretical framework of Bankruptcy & Insolvency –
1.3. Corporate Bankruptcy and Insolvency - Basic Principles

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1.4. Models of Bankruptcy and Insolvency: Manager Driven and Manager
Displacement

Takeaways

The learners will be able to solve the following issues


 How corporate financial distress may lead to corporate failure
 Explain the credit bargain theory and its correlation with Contractarian Theory.
 Discuss the implications of Manager Driven and Manager Displacement model of
insolvency law

No. Of Hours: 12

MODULE – 2 CORPORATE INSOLVENCY PROCESS IN INDIA

Introduction to the Module

The object of this module is to comprehend the learners on how the important concepts
related to financial distress interrelate and in particular how insolvency law governs
participation of multiple different claimants / stakeholders during the resolution proceedings
to address insolvency.

2.1. Development of Insolvency Law in India


2.2. Eligibilities to file resolutions
2.3. Resolution Process under IBC
2.4. Institutions under IBC
2.5. Insolvency Mechanisms: Outside Insolvency and Bankruptcy Code 2016

Takeaways
After completion of this module, the learners will be able to

 Grasp the economic and social policies which influenced the development of
insolvency and bankruptcy code in India
 Learn how to assess an insolvency resolution plan
 Get the acumens on conduct of resolution proceedings and consequences of failure in
resolution proceedings.
 Develop well-reasoned analysis and arguments related to issues which arises during
the state of resolution process

NO. OF HOURS: 12

MODULE – 3 CORPORATE LIQUIDATION PROCESS IN INDIA

Introduction to the Module

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The object of the present module is to expand the understanding on governing principals
related to liquidation of assets of distressed debtor

3.1 Liquidation Process


3.2. Institutions for liquidations process under IBC
3.3. Conduct of liquidation
3.4. Distribution of assets (pari-pasu principle)
3.5. Adjudicatory Institutions

Takeaways
After completion of this module, the learners will be able to-

 Comprehend the awareness of the normative dimension of liquidation proceedings


 Learn the treatment of different classes of creditors and enforcement regime of
priority of claims in case of liquidation
 Articulate well-argued solutions to issues arising out of liquidation proceedings

No. Of Hours: 12

MODULE – 4 INDIVIDUALS AND PARTNERSHIP FIRMS’ INSOLVENCY AND


BANKRUPTCY IN INDIA

Introduction to the Module

The objective of the present module is to create familiarity with jurisprudential foundation of
providing relief under Insolvency and Bankruptcy Code to individuals and partnership, and
also create acquaintance with Indian regime of Individuals and Partnership Firms’ insolvency
and bankruptcy.

4.1. Adjudicatory Authority


4.2. Applications for Insolvency Resolution Process
4.3. Resolution Professional: Appointment, Removal, and Powers
4.4. Meetings of creditors
4.5. Discharge on implementation of resolution plan
4.6. Application for Bankruptcy Order
4.7. Trustees: Duties and Powers
4.8. Bankrupt’s Duties
4.9. Discharge on bankruptcy

Takeaways
After completion of this module, the learners will be able to-
 Gain knowledge of the core features of Individuals and Partnership Firms’ Insolvency
and Bankruptcy
 Analyse the legal environment in which Individuals and Partnership Firms’
insolvency law operates in India.

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 Identify legal considerations in decision-making in the administration and
management of Individuals and Partnership Firms’ insolvency

No. Of Hours: 12

MODULE – 5CROSS-BORDER INSOLVENCY

Introduction to the Module

The object of this present module is to develop an understanding of cross-border insolvency


by comparison of insolvency regimes across the globe, analyse United Nations Commission’s
model insolvency law and the need and extent of convergence / divergence of Indian regime
with global standards.

5.1. Cross Border Insolvency – Issues in Cross Border Insolvency – Universalism vs.
Territoriality
5.2. Treatment of Security Rights in Cross Border Insolvency
5.3. UNICTRAL Model Law on Cross Border Insolvency & IBC, 2016

Takeaways

After completion of this module, the learners will be able to-

 Understand the jurisdictional requirements in cases of transnational insolvency cases.


 Understand the association between Domestic and Cross-Border Insolvency Laws.
 Identify the modalities of treatment of assets upon commencement cross-border
insolvency proceedings.
 Identify the cooperation and coordination mechanism to ease cross-border insolvency
proceedings.

No. Of Hours: 12

SKILL COMPONENTS (MODULE-WISE)


MODULE – 1 CORPORATE BANKRUPTCY AND INSOLVENCY: INTRODUCTION

 Apply the principles upon which insolvency law is based upon, to issues generated
from real-world cases
 Identify situations which suggests a state of Financial Distress or Failure

MODULE – 2 CORPORATE INSOLVENCY PROCESS IN INDIA

 File an application for corporate insolvency resolution process against a corporate


debtor on behalf of creditors
 File an application for corporate insolvency resolution process behalf of corporate
debtor itself.

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 Submit claims on behalf of a creditor
 Serving a notice of default or existing of dispute
 Draft an expression of interest inviting resolution applicants to bid
 Draft a resolution plan
 Draft a petition challenging approval/rejection of a resolution plan.

MODULE – 3 CORPORATE LIQUIDATION PROCESS IN INDIA

 Draft and file proof of claim before the liquidator


 Identify avoidable transactions and their consequences
 Draft application for initiating liquidation of the company
 Administration of liquidation process

MODULE – 4 INDIVIDUALS AND PARTNERSHIP FIRMS’ INSOLVENCY AND


BANKRUPTCY IN INDIA

 How to initiate a fresh start process


 Administration of insolvency and bankruptcy process relating to individuals and
partnership
 Draft an application to initiate insolvency resolution process in respect of guarantor.
 Draft an application to initiate insolvency resolution process in respect of guarantor
under the Code.
 Draft an application for withdrawal of application for insolvency resolution process of
guarantor admitted under the code
 Draft a repayment plan

MODULE – 5CROSS-BORDER INSOLVENCY

 Ability to provide possible solutions to issues arising out of cross- border insolvency
 Drafting a Cross Border Insolvency Protocol
 Skills and techniques required for successful cross-border insolvency arbitration and
mediation.
CASE LAWS

1. Pioneer Urban Land and Infrastructure Limited vs. Union of India, WRIT PETITION
(CIVIL) NO. 43 OF 2019
2. Ferro Alloys Corporation Ltd. and Ors. vs. Rural Electrification Corporation Ltd. and
Ors.Company Appeal (AT) (Insolvency) No. 92 of 2017
3. Nikhil Mehta and Sons vs AMR Infrastructure Ltd. Company Appeal (AT)
(Insolvency) No. 07 of 2017
4. Innoventive Industries Ltd. vs ICICI Bank and Ors. (2017)4CompLJ193(SC)
5. Swiss Ribbons v. Union of IndiaWRIT PETITION (CIVIL) NO. 99 OF 2018

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6. Committee of Creditors of Essar Steel India Limited v Satish Kumar GuptaCIVIL
APPEAL NO. 8766-67 OF 2019
7. Macquarie_Bank_Limited_vs_Shilpi_Cable_Technologies CIVIL APPEAL
NO.15135 OF 2017
8. Alpha_and_Omega_Diagnostics_India_Ltd_vs_Asset_Reconstruction Company
Company Appeal (AT) (Insolvecey) No. 116 of 2017
9. Jindal Steel and Power Limited v Arun Kumar Jagatramka & Gujarat NRE Coke
Limited Company Appeal (AT) No. 221 of 2018
10. R. Vijay Kumar & Anr. Vs Kasi Viswanathan & Anr. Company Appeal (AT)
(Insolvency) No. 340 of 2019
TEXT BOOKS

1. Corporate Insolvency Law: Perspectives and Principles by Vanessa Finch (Cambridge


Publications)
2. Principles of Corporate Insolvency Law by Roy Goode (London: Sweet & Maxwell,
2018)
3. Guide to Insolvency and Bankruptcy Code (7th Edition 2019) by V.S. Datey
(Taxmanns Publications)

REFERENCE BOOKS

1. Pennington's Corporate Insolvency Law by Robert Pennington (Butterworths)

2. Case Digest on Insolvency and Bankruptcy Code, 2016 by Ashish Makhija


(Bloomsberry Publication)
3. Insolvency and Bankruptcy Code: Law and Practice by Akaant Kumar Mittal Edition:
2021 (Eastern Book Company)
4. Insolvency And Bankruptcy Code With Procedures Edition 2020 by Raghav Wadhwa,
(Wadhwa Brothers)
5. Corporate Insolvency Law: Perspectives and Principles by Vanessa Finch (Cambridge
Publications)
6. UNCITRAL Model Law on Cross-Border Insolvency with Guide to Enactment and
Interpretation (United Nations: Commission on International Trade Law)
7. Cross-Border Insolvency: Principles and Practice by Look Chan Ho, (Sweet &
Maxwell)
8. Cross-border Insolvency by Richard Sheldon, Mark Arnold (Bloomsbury Academic)
9. Comparative Insolvency Law: The Pre-pack Approach in Corporate Rescue by Bo Xie
(Edwar Elgar Publishing Co.)
10. The Law of Insolvency, Ian Fletcher (Sweet & Maxwell)
11. Statutory priorities in corporate insolvency law by Christopher F. Symes (Ashgate
Publishing, Ltd.,)

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12. Corporate Insolvency - Law and Practice by Edward Bailey and Hugo Groves (London:
Butterworths)
LIST OF RESOURCE PERSONS

1. Dr. Risham Garg, National Law University Delhi


Email: risham.garg@nludelhi.ac.in
2. Ms. Sonali Agarwal, Associate Vice President, RBSA Restructuring Advisors LLP
Email:
3. Dr. Renuka Sane, Associate Professor, National Institute of Public Finance and Policy
(NIPFP)
Email: renuka.sane@nipfp.org.in
4. Mr. Amarjit Singh Chandhiok, President, INSOL India
Email: achandhiok@gmail.com
5. Mr. Abhishek Anand. Partner, Kesar Dass B. & Associates
Email: abhishek.anand@kesardass.org
6. Mr. Dhananjay Kumar, Partner, Cyril Amarchand Mangaldas
Email: %20dhananjay.kumar@cyrilshroff.com
7. Prof. Dr. Indrajit Dube, IIT Kharagpur
Email: indrajitdube@gmail.com
8. Prof. Dr. Anil Hargovan, UNSW, Australia
Email

560
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4712: MARITIME LAW AND LAW OF THE SEA (Honours Paper-1)
(Semester 08/Paper-8)
Credits: Total Class Hours: 72 (including tutorials & proctors)

Course Description

This course is designed to acquaint the students with the conceptual and operational
parameters of Air and Space Law. The Course is also designed to examine the role of
International Law in the regulation of air and space activities.

Learning Objectives

 At the end of the subject, the students will be able to identify and understand the
relevant principles and rules of public international law regarding law of the Sea;
 The students would also learn about the fundamental concept relating to law of
shipping contract, law of salvage and marine insurance.
 At the end of the module the students will develop the ability to analyse the
challenges relating to maritime labour law in the present day scenario;
 The students would be able to examine and analyses the various issues relating to
maritime security and procedures of maritime dispute settlement, the provisions
of UNCLOS and their application by international courts and tribunals. Where
relevant, the course also refers to and analyses other international instruments..
 At the end of the subject, the students would be able to examine the current and
potential issues relating to maritime laws in India.

Teaching Learning Methodology

7. Lecture Method
8. Case study method (Anatomical and Physiological)
9. Group Discussion

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MODULE-I: Introduction to Law of the Sea

Introduction:The Law of the Sea is a body of public international law governing the
geographic jurisdictions of coastal States and the rights and duties among States in the use
and conservation of the ocean environment and its natural resources. The law of the sea is
commonly associated with an international treaty, the Convention on the Law of the Sea
(UNCLOS), negotiated under the auspices of the United Nations.

1.1 Principles of the International Law of the Sea: Principle of freedom, Principle of
Sovereignty, Principle of the Common Heritage of Mankind
1.2 Marine Spaces under National Jurisdiction: Territorial Sovereignty & Sovereign Rights
1.3 High Sea, Protection and Preservation of the Marine Environment
1.4 Maritime Delimitation
Theory and skill component to be identified:

 Theory component – Basic understanding of the various core concepts of territorial


sovereignty& sovereign rights and principles of law of the sea.
 Skill component – The students can critically analyse the rules of maritime delimitation with
regard to the rights of the Coastal States.
Course Takeaways: At the end of the module, the students will be able to identify and
understand the relevant principles and rules of public international law regarding law of the Sea.

No. of Hours: 17 hrs

MODULE-II: Law of Shipping Contract And Marine Insurance

Introduction:A maritime contract deals with the operations, navigation, maintenance and
repair or provisioning of a vessel.

2.1 Standard Form of Contract for Towage- UK Form & TOWCON

2.2 Standard Salvage Contract, Law of Salvage: International Salvage Convention and
SCOPIC

2.3 Marine Insurance Contract: Types, Maritime Peril, Reinsurance Contract

2.4 Marine Insurance: Principles, Warranties, Voyage, Loss

Theory and skill component to be identified:

 Theory component – Fundamental concepts of law of salvage and marine insurance


contracts.
 Skill component – Comparative analysis of the various maritime standard form contracts.

Course Takeaways: At the end of the module, the students would be able to understand the

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basic laws relating to law of shipping contract, law of salvage and marine insurance.

No. of Hours: 10 hrs

MODULE-III: Maritime Labour Law

Introduction:Maritime Labour Convention 2006, which is considered as the “fourth pillar”


of International Maritime Law and ‘bill of rights’ for the seafarers, provides them not only
their fundamental rights as workers, but also provide minimum international standards for
living and working conditions. The convention came into force with effect from 20.08.13.
The convention has been ratified by India on 9th October, 2015. For implementation of the
provisions of MLC, 2006 as amended Merchant Shipping (Maritime Labour) Rules, 2016
have been promulgated in India.

a. Maritime Labour Law and Law of the Sea Convention, 1982


b. ILO Conventions on Maritime Labour Law, and Introduction to Maritime Labour
Convention, 2006
c. Conditions of employment, health protection, medical care, welfare and social security
protection
d. Compliance and enforcement of Maritime Labour Law

Theory and skill component to be identified:

 Theory component – Basic understanding of the maritime labour laws.


 Skill component – Critically analysis of conditions of employment, health protection,
medical care, welfare and social security protection of labourer in various situation.
Course Takeaways: At the end of the module the students will develop the ability to analyse
the challenges relating to maritime labour law in the present day scenario.

No. of Hours: 13 hrs

MODULE-IV: Maritime Security and Maritime Dispute Resolution

Introduction: Major actors in maritime policy, ocean governance and international security
have in the past decade include maritime security in their mandate or reframed their work on
such terms. They refer to threats such as maritime inter-state disputes, maritime terrorism,
piracy, trafficking of narcotics, people and illicit goods, arms proliferation, illegal fishing,
environmental crimes, or maritime accidents and disasters. Maritime dispute settlement deals
with both general and specific issues of the settlement of maritime disputes.

4.1 Terrorism and Proliferation of Weapons of Mass Destruction, Initial Response to


Maritime Terrorism – 1988 SUA Convention and WMD Proliferation, Increasing Port
State Controls, Interaction outside Territorial Seas, Proliferation Security Initiative;
4.2 Armed Conflict and Naval Warfare, Law of the Sea during armed conflicts, UN

563
Charter and Armed Conflict, Law of Naval Warfare, International Law of Maritime
Security
4.3 Maritime Dispute Resolution: Admiralty jurisdiction: nature and content, collision
claims, limitation claims, ship mortgages, maritime arbitration.
4.4 Settlement of Disputes under UNCLOS

Theory and skill component to be identified:

 Theory component – Basic understanding of the principles of maritime dispute resolution.


 Skill component – Comparative analysis of the responsibilities of the States with respect to
various maritime security.
Course Takeaways: At the end of the module, the students can analyses the various issues
relating to maritime security and procedures of maritime dispute settlement, the provisions of
UNCLOS and their application by international courts and tribunals. Where relevant, the
course also refers to and analyses other international instruments.

No. of Hours: 15 hrs

MODULE-V: Maritime Laws in India

Introduction:Maritime law in India is a wide ranging branch of the law i.e., it includes, ship
financing, maritime liens, carriage of goods by sea; marine insurance; laws of ownership and
registration of ships; ship sale and building contracts, limitation of liability, ship mortgages;
manning of ships; the law of collisions, salvage, towage and pilotage; claims and priority of
the same; the law of marine pollution, as well as the Customs and Port laws. All these aspects
are covered by a number of legislations in India, which are utterly founded on colonial British
legislations on the subjects, as made applicable in India and as amended from time to time by
the Indian Parliament.

5.1 Maritime Legislations in India (UNCLOS and Indian Legal Regime on Maritime
Crimes): The Territorial Waters, Continental Shelf, Exclusive Economic Zone And Other
Maritime Zones Act, 1976, The Maritime Zones of India (Regulation of Fishing by
Foreign Vessels) Act, 1981.
5.2 Maritime Fishing Legislation: Coastal Aqua-culture Authority Act 2005, Biological
Diversity Act 2002, Marine Products Export Development Authority Act, 1972, Marine
Fishing Policy 2004.
5.3 Legislation on Goods and Transportation of Passengers:The Indian Carriage of Goods
by Sea Act, 1925 and the Indian Bills of Lading Act, 1956.
5.4 Maritime Laws of India: Emerging Challenges: Maritime Security, Maritime Capacity
of India: Strengths and Challenges, Coastal Zone Regulation 2011 and Impact on
Maritime Policy of India, Draft Marine Fisheries (Regulation and Management) Bill,
2009, Anti-Maritime Piracy Bill 2019.

Theory and skill component to be identified:

the role of international law in the regulation of air space and outer space activities.

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 Theory component – Basic understanding of the maritime laws of India.
 Skill component – Critically analysis whether the present maritime laws of India are sufficient
to meet the emerging issues relating to maritime activities.
Course Takeaways: At the end of the module, the students would be able to examine the
current and potential issues relating to maritime laws in India.

No. of Hours: 15 hrs

CASE REFERENCES

Database

[http://www.paclii.org/libraries/maritime_law/summaries-of-cases/index.html]

1. The South China Sea Arbitration, 2013-2019 (Philippines v. China)


2. Somalia v Kenya, 2014 (maritime boundary)
3. The "Enrica Lexie" Incident (Italy v. India)
4. Fisheries Jurisdiction Case (ICJ, UK v Iceland, 1974)
5. North Sea Continental Shelf Cases, Germany v Denmark & Netherlands, 1969
6. Anglo-Norwegian Fisheries Case (UK v Norway, ICJ, 1951)
7. Corfu Channel Case (ICJ, 1949) UK v Albania
8. Harwan Investments v M.V. Elizabeth 1993 AIR 1014, 1992 SCR (1)1003
9. People of Rull ex rel Ruepong v MV Kyowa Violet [2006] FMSC 53; 14 FSM Intrm. 403
(Yap. 2006)
10. Ulelio v Nelulu Land Group [1998] PGNC 176
BOOKS

1. Yoshifumi Tanaka, The International Law of the Sea, Cambridge University Press, 2nd
Edition, 2015.
2. Aleka Mandaraka-Sheppard, Modern Maritime Law, Informa Law from Routledge,
3rd Edition, 2013.
3. Natalie Klein, Maritime Security & Law of the Sea, Lexis Nexis 14th Edn., 2012.
ARTICLES

1. Christian Bueger, 'What is maritime security?, Marine Policy 53 (2015) 159-164


Website:
https://reader.elsevier.com/reader/sd/pii/S0308597X14003327?token=42ACCCD601
1D7D1574386DEBBA31BF92ACF0873C1D31314A92849DD68EC089C3C39EC5E
89FAE4A24E771E765AE1DA3C8&originRegion=eu-west-
1&originCreation=20210728080049
2. F.C. Onuoha and G.E. Ezirim , Sea piracy and maritime security: The problem of
foreign naval intervention in the suppression of piracy off the Horn of Africa, Journal
of Maritime Research, Vol. VII. No. 3, pp. 43-56, 2010
Website: file:///E:/Downloads/chrome/SeaPiracyandMaritimeSecurity.pdf
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

7. Michael P. Scharf, Michael A. Newton & Milena Sterio, Procecuting Maritime


Piracy: Domestic Solutions to International Crimes, Cambridge University Press, 1 st

565
edition, 2015.
8. Donald R. Rothwell, The International Law of the Sea, Heart Publishing, 2010.
9. D.C. Jackson, Enforcement of Maritime Claims, LLP , 4th edition 2005.
10. John Reeder, Brice on Maritime Law of Salvage, Sweet & Maxwell, 5th Edition,
2011.
11. Paul Todd, Maritime Fraud, LLP, 2003.
12. Donald R. Rothwell, Law of the Sea, An Elgar Research Collection, 2013.
13. Malcolm Strong & P. Herring, Sale of Ships, Sweet & Maxwell, 4th Edn., 2009.
14. Malcolm N. Shaw, International Law, Cambridge University Press, 2007.
15. O. P. Sharma, The International Law of the sea, Oxford 2009.

SKILL COMPONENTS

MODULES SKILL COMPONENTS

Module I: Introduction to Law of The students can critically analyse the rules of
the Sea maritime delimitation with regard to the rights of the
Coastal States.

Module II: Law of Shipping Comparative analysis of the various maritime standard
Contract and Marine Insurance form contracts.

Critically analysis of conditions of employment, health


protection, medical care, welfare and social security
Module III: Maritime Labour Law protection of labourer in various situation.

Module IV: Maritime Security and Comparative analysis of the responsibilities of the
Maritime Dispute Resolution States with respect to various maritime security.

Critically analysis whether the present maritime laws


of India are sufficient to meet the emerging issues
Module V: Maritime Laws in India relating to maritime activities.

566
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW-4612 : LAW GOVERNING LOCAL SELF GOVERNMENT (Honours Paper-1)
(Semester 08/Paper-9)
Credits: Total Class Hours: 72 (including tutorials & proctors)

Course Description: This course is a Constitutional hons. Course. It focuses on the


democracy of grassroots as a third tier of federalism. It involves study of the panchayats and
municipalities. In contemporary times the course also aims to discuss the co-operative
societies. The entire constitutional scheme of local self-governance in India is aimed to be
discussed in this course. Interestingly it will deal with the special status of scheduled areas
and tribes as well. Conclusively, to further give the students a taste of each state unit local
self-governance, it will involve an in-depth study of local governance of the State of Odisha.

Object of the course: To enable the students to understand the local-self-government


mechanism in a manner to give the m an insight into its modern dimensions and helps them
equip themselves to address the issues of decentralization and grass root planning of the local
self-government in professional front in future.

Learning Objectives:

The above objective is sought to be achieved;

1. By concentrating on a study of various aspect of local self-government in India in general

(Meaning-nature and scope-concepts-characteristics of LSG - significance and evolution.)

2. By focusing upon rural local self-government- Democratic decentralization-73rd

Amendment (Panchayat Raj Institution) - Composition, functions, significance of Gram

Panchayat- Samiti & Zilla parishad- direct democracy and grass roots planning.

3. By focusing upon urban local self-government- 74th Amendment (Urban Local Bodies)-

Municipal Corporations- Municipality and Town Panchayat- Composition, functions,


significance - municipal committees.

4. By thorough discussions on statutory bodies- State Election Commission-State Finance

Commission- District Planning Committee-composition, functions, significance of statutory


bodies- election to local bodies.

567
5. Through study of legislative and quasi legislative powers- regulations and by-law making
powers- rule making power of state government-financial powers: Levying taxes, licensing,
mobilization of financial resources - judicial and quasi-judicial powers.

6. By purposefully referring the local resources with special reference to Odisha local self -
governance- Panchayats and Municipalities.

Learning Outcome:

1. Students will be in a position to understand the importance, and justification of Local Self

Government,

2. They will understand the power structure and its dynamics. They will be able to apply

their knowledge in future.

Teaching Method:

Materials, both in print, as well as the web shall by employed to provide one with source
documents, concerning the development of the local self-government institutions. The classes
shall be in the form of presentations/discussions, on the topics included in the syllabus, in as
comprehensible manner. The students are also required to submit a brief write-up, on the
topic of their presentation/discussion. The method of teaching shall include Lecture method
and Socratic method.

Module – I: AN INTRODUCTION TO LOCAL SELF GOVERNMENT

Introduction:

Democracy of grass roots has been a dream of Mahatma Gandhi. Panchayati Raj isn’t a
British brain child, it is an age old Indian mode of governance. However, during the British
era, it was Lord Rippon who gave a true spirit to the local self-governing institution. Through
this module, the learner will develop an understanding about the basic ideas which drive local
governance. Further the deliberations will enlighten the learner with the ancient, medieval
and modern practices of local governance. The study will also involve discussions about the
constituent assembly debates and the incorporation of local self-governing institutions post-
independence.

Sub-Modules:

1.1. Democratic decentralization and the evolution of local self-government.

1.2. Local self-government in India

1.2.1. Developments of local self-government during British period (1882 - 1947):

568
(Lord Mayo’s resolution; Lord Rippon’s resolution, Gram Swaraj: Gandhian
concept).

3.2.2. Post British period developments under Indian constitution (1950 - 1992)

Skill Component:

ii. Conceptual and Theoretical understanding.


Course Takeaway: A clear picture of the history and development of local self-government
in India.

Number of Hours: 10 hours

Module – II: GOVERNANCE IN GRASSROOTS AND THE PATH TOWARDS


CONSITUTIONAL AMENDMENTS.

Introduction:

The present module shall bridge the previous module through initial discussions on the Indian
nature of governance, Directive Principles, the Community Development Program, the
economic developments post-independence and the realization of the gap leading to the link
less federation. The learner will develop excellent idea about the Indian federal structure and
the analysis of the model before the 73rd& 74th Constitutional amendments. This study will
give them a fair idea of the entire bedrock of constitution and governance of local self-
governance pre- amendments.

Sub-Modules:

2.1. Federalism in India and local self government

2.2. Directive Principles of State Policy - Art. 40

2.3.The committees and their recommendations: The road to 73rd & 74th amendments

2.3.1. Balwant Rai Mehta committee 1957

2.3.2. Santhanam Committee 1963

2.3.3. Ashok Mehta committee 1978

2.3.4. C.H. Hanumantha Rao committee 1984

2.3.5. GVK Rao committee 1985

2.3.6. LM Singhvi committee 1986

2.3.7. P.K. Thungan committee 1989

Skill Component:

569
iii. Conceptual and Theoretical understanding.
Course Takeaway: A technical understanding of the laches that made India realize the
importance of local self-governing institutions.

Number of Hours: 15 hours

Module – III: CONSITUTIONAL SUBSTRATA OF LOCAL SELF GOVERNMENT


IN INDIA

Introduction:

The current module will follow up with the amendments and the constitutional design of the
local self-governing institutions. The focus will mainly be into the thorough understanding of
the provisions of part IX & part IX A of the Constitution read with Schedule 11 & Schedule
12. The deliberations will also involve the analysis of these amendments and their impact in
the development and realizations of the objectives of such incorporations. Areas like
constitution, composition, finances, elections, disqualifications, reservations etc…shall be
thoroughly discussed.

Sub-Modules:

3.1. The 73rd and the 74th amendments to the constitution-structure and constitution of the
urban and rural local bodies under the new set-up.

3.2. Schedule XI & XII of the Constitution

3.3. The constitutional minimum with regard to structure, functions and functionaries

Skill Component:

i. Conceptual and Theoritical understanding.


Course Takeaway: The learner will be perfectly ready with all understanding pertaining to
73rd and 74th amendments. She/ he will be able to connect the learning with the real life
policies and developments in India.

Number of Hours: 10 hours

Module – IV: LOCAL SELF GOVERNANCE IN CERTAIN AREAS

Introduction:

This module will begin from discussions related to tribal unrest followed by British policies
about the division of tribal areas in the light of Government of India Act 1935. This study of
the first part will give them the unique taste of local self-governance in India. It will highlight
the PESA Act, the 5th Schedule areas, the 7th Schedule areas, Article 244 of the Constitution
and its relatives. The second part shall give the understanding of the entire political
developments of Odisha in the light of local governance. The role of Janata Dal followed by
Congress undertakings towards the grassroots governance in Odisha. This study will follow

570
up with the legislative developments and the present scenario of the local self-governance in
the State. Conclusively all the important legislative provisions will be thoroughly analyzed
for the advanced understanding of the learner.

Sub-Modules:

3.1. Local self-governance in Scheduled /Tribal areas

3.1.1. The fifth and the sixth schedules to the constitution.


3.1.2. Bhuria committee report.
3.1.3. The Panchayats (Extension to Scheduled Areas) Act, 1996
3.1.4. Post-PESA Developments.
3.2. Local self-governance in the state of Odisha

3.2.1. Odisha Gram Panchayat Act: An overview


3.2.2. Odisha Municipal Act, 1950: An overview
Skill Component:
ii. Conceptual and Theoritical understanding.
Course Takeaway: Excellent idea about the uniqueness of the inclusive local governance in
India. Also, a complete understanding of the Odisha model to enable the learner analyze any
other State model.

Number of Hours: 15 hours

Module – V: EMERGING ISSUES & CHALLENGES RELATING TO LOCAL SELF


GOVERNANCE AND ITS ANALYSIS

Introduction:

This final module will focus upon the practicalities of the local self-governance. Various
policies will be discussed and their effects will be examined thoroughly. The module will
highlight certain landmark policy initiatives and analyze through statistical and graphical
reports of the status of local self-governance in India so far. The idea of justice will be
addressed in the light of local governance by special emphasis to Nyay Panchayats and Gram
Nyayalayas.

Sub-Modules:

4.1. Problems relating to funding, particularly funding of welfare schemes


4.2. Role of local self government in welfare services and administration of justice
4.3. Role of the centre and State Govt : facilitators, regulators or controllers?
4.4. Gram Nyayalayas
Skill Component:
iii. Policy analysis of welfare schemes and administration. Followed by conceptual and
theoretical understanding of the idea of justice in grassroots. – Policy analysis &
Case study.
Course Takeaway:

571
A complete learning of the local self-governance with practical application and analytical
skills.

Number of Hours: 10 hours

SUGGESTED READINGS

1. LEGISLATIONS:

1. Odisha Gram Panchayat Act, 1948.


2. Odisha Municipal Act, 1950
3. The Constitution (73rd Amendment) Act, 1993.
4. The Constitution (74th Amendment) Act, 1993.
5. The Panchayats (Extension to Scheduled Areas) Act, 1996 [PESA].

2. TEXT BOOKS

1) Dicey, Introduction to the Law of the Constitution.


2) Friedman, Tge State and the Rule of Law in a Mixed Economy.
3) G. Palanithurai: Dynamics of new Pancyati Raj System in India, concept publishing
company, New Delhi, 2010.
4) Ivor Jennings, Law and the Constitution.
5) Joshi, R.P., Narwani, G.S., Panchayat Raj in India: Emerging Trends across the
States (Rawat Publications), Hyderabad, 2011.
6) Khanna, B.S: Panchayati Raj in India- National Perspectives and State Studies
(Deep and Deep Publications), New Delhi, 1994.
7) M. Venketarangaiya & M. Pattabhiram, Local Government in India (1969)
Allied Publishers, New Delhi.
8) Neville L. Brown and J.F. Garner, Fench Administrative Law.
9) Radhakumud Mookherji, Local Government in Ancient India (1985), Daya
Publishing Delhi.
10)Schwartz & Wade, Legal Control of Government.
11)Sivaramkrishnan, K.C., Courts, Panchayats and Nagarpalikas (Academic
Foundation), 2009.
12)W. Thornhill (ed.), the Growth and Reform of English Local Self-government
(1971), Weidenfeld and Nierlson, London.
13)U.B. Singh: Decentralized Democratic Governance in New Millenium, concept
publishing company, New Delhi, 2009.
14)V. Venkatesan: Institutionalizing Panchayati Raj in India, concept publishing
company, New Delhi, 2002.

3. REFERENCES

572
1) Bidyut Chakrabarty and Prakash Chand: Public Administration in Globalizing World, Sage
Publications, 2012.
2) D. Bandhopadhyaya and Amitabh Mukherjee: New Issues in Panchayati Raj, concept
publishing company, 2004.
3) D.N. Gupta: Decentralization: Need for Reforms, concept publishing company, New
Delhi, 2004
4) G. Palanithurai and V. Raghupathy: Communities, Panchayats and Governance at Grass-
roots, concept publishing company, New Delhi, 2008.
5) P.S.K. Menon and Bakshi D. sinha-Panchayati Raj in Scheduled Areas, Concept
publishing company, New Delhi, 2003.
6) S.S. Meenakshisundaram: Decentralization in Developing Countries, concept publishing
company, New Delhi, 1994.

LIST OF RESOURCE PERSONS

1. Prof. Dr. A Lakshminath, Vice Chancellor, CNLU, Patna & Chancellor, DSNLU,
Andhra Pradesh.
2. Prof. Madhav Khosla, Columbia Law School.
3. Prof. (Dr.) MP Singh, Research Professor of Law & Distinguished Scholar, OP Jindal
Global University, Jindal Global Law School, India.
4. Prof. Bhavat Kumar Gormer, Vice Chancellor, DSNLU, Andhra Pradesh.
5. Prof. Tonye George, Jindal Global University.
6. Prof. Salim Akhtar, Aligarh Muslim University.
7. Dr. Rabindra Pathak, NUSRL, Jharkhand.
8. Prof. Siva Ram Tripathi, Banaras Hindu University

573
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW4912: TaxationandJuridicalPersonalities (Hons. Paper-1
(Sem. 08/Paper-10
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
1.Course Description:
The course has been designed toenable to the students to understand the law
relating to the taxation of juridical persons (suchas HUF / Firm / Artificial
Person etc.) in India and to explain the subject through appropriateillustrations
so as to render the study of the subject simple & easy and acquire the ability to
applythe knowledge of the provisions of the above mentioned laws to various
situations in actualpractice.

2.Learning Objectives:
1. At the end of the course, the studentswill learnconceptualaswellas
legaldevelopmentofdirect taxinIndia
2. At the end of the course, the studentswillhavecomprehensiveandup-to-
dateknowledgeonboththetaxationlawofdifferententitiesanditsjudicialinterpreta
tions
3. At the end of the course, the
studentswillbeabletoanalyzetherulesandprinciplesaswellasapplyingthemtocon
crete instances
4. At the end of the course, the students will be able to file his income tax
return and as well as of others
5. At the end of the course, the students can practice as tax Practitioner
6. At the end of the course, the students will be able to guide the assessee in
tax planning and management.

3. Teaching Method:

The Course will be taught by a combination of lectures, seminars, practical


examples using problem solving, case law, discussions, project work, and
project presentations. In addition to readings, case laws, and notes in the text,
materials from the web shall be employed to provide one with source
documents and commentaries concerning the development and articulation of
the principles underlying the study of taxation of artificial personalities.

574
4. Course Content:

MODULEI:ASSESSMENTOFINDIVIDUALS

This module has been designed with the motive to inform the students about the
process of assessment and filing of return of various assessee. It also discuss
about the mode of finding the tax liability of an individual. The module consists
of the following sub-topics:

1. Taxincidenceofindividuals
2. Taxableincome -howcomputed
3. Taxliability
4. Returns of incomeandassessment
5. Related problems

Course Takeaway:
Student will be able to:

 appreciate when return filing becomes mandatory for differentpersons.


 identifyandrecalltheduedatesforfilingofreturnincaseofsuchpersons.
 comprehend and apply the provisions relating to belated return, revised
return and defectivereturn.
 appreciate the statutory provisions relating to special audit directed by the
AssessingOfficer.
 appreciate the procedure for assessment – self-assessment, summary
assessment, scrutiny assessment and best judgementassessment.
 appreciate the circumstances when the Assessing Officer can issue notice
forreassessmentofincomeandthetimelimitforissuanceofsuchnotice.
 know and recall the time limits for completion of assessments, including
searchassessments.
 appreciate the provisions for rectification of mistake apparent from the
record.

Number of Hours: 15 hrs

575
MODULEII:TAXTREATMENTOFHUFANDCO-OPERATIVESOCIETY

This module has been designed with the motive to inform the students about the
computation of total income and calculation of tax liability of Hindu Undivided
Family and Co-Operative society. The module consists of the following sub-
topics:

2.1. MeaningandComputationoftaxableincome&taxliabilityofofHUF
2.2. PartitionofaHUF
2.3.MeaningandComputationoftaxableincome&taxliabilityofco-
operativesocieties
2.4. Deductioninrespectofincomeof co-operativesocieties
2.5. Relatedproblems

Course Takeaway:
Student will be able to:

 identify and address the issues arising in respect of transactions relating to


determination of total income of a HUF and Cooperative Society
 compute the tax liability in the hands of such HUF and Cooperative
Society

Number of Hours: 14 hrs

MODULEIII:TAXTREATMENTOFFIRM
This module has been designed with the motive to inform the students about the
computation of total income and calculation of tax liability of firm and their
partners. The module consists of the following sub-topics:

3.1. Meaningofpartnership and schemeoftaxationoffirms


3.2. Conditions requiredtobefulfilled -Section184 and Section 40(b)
3.3. Set-offandcarriedforwardoflosses
3.4. Computationofincomeand tax liabilty offirm and partners
3.5. Relatedproblems
Course Takeaway:
Student will be able to:

576
 examine whether alternate minimum tax (AMT) would be applied in the
case of persons other thancompanies
 compute AMT and determine AMT credit to be carried forward
 compute the total income and tax liability of a firmand its partners
applyingthe general and special provisions under theAct
 identify and address the issues arising in respect of transactions relating to
determination of total income of a firm
 determinetheliabilityofpartnersofafirmandLLPondissolution

Number of Hours: 15 hrs

MODULEIV:TAXTREATMENTOFAOP/BOI
This module has been designed with the motive to inform the students about the
computation of total income and calculation of tax liability of AOP/BOI and
it’s members. The module consists of the following sub-topics:

4.6. ComputationofincomeofAOP/BOI
4.7. Computationoftaxliability ofAOP/BOI
4.8. Assessmentofincome of memberofAOP/BOI
4.9. TaxplanningofAOP/BOI and it’s members
4.10. Relatedproblems

Course Takeaway:
Student will be able to:
 compute the total income of AOPS/BoIS and its members applyingthe
general and special provisions under theAct
 identify and address the issues arising in respect of transactions relating to
determination of total income of a AOPS/BoIS
 compute the tax liabilityof AOPS/BoIS and its members applyingthe
general and special provisions under theAct

Number of Hours: 14 hrs

MODULEV:TAXTREATMENTOFTRUST
This module has been designed with the motive to inform the students about the
computation of total income and calculation of tax liability of charitable and
religious trust. The module consists of the following sub-topics:

577
5.1. Meaningoftrust
5.2. Taxexemption
5.3. Publiccharitable/religioustrust-howchargeabletotax
5.4. Anonymous donation - how chargeable to tax
5.5. Relatedproblems

Course Takeaway:
Student will be able to:
 appreciate the conditions to be fulfilled by universities, other educational
institutions, hospitals and other medical institutions to claim the benefit of
exemption under section10(23C)
 identify the inclusions in the definition of “charitable purpose”, to
appreciate whether a trust or institution would qualify for the benefit of
exemption under sections 11 and12
 appreciate the conditions to be fulfilled by a trust or institution to claim
benefit of exemption under section 11
 appreciate the procedure to be followed for registration of a trust
orinstitution;
 examine the special provisions relating to taxability of anonymous
donations received by a trust or institution
 appreciate the special provisions for taxability of accreted income of certain
trusts and institutions
 analyse and apply the above provisions to compute the total income and tax
liability of trusts and institutions and address relatedissues

Number of Hours: 14 hrs

5. Leading Cases/ Case Law Study: (to be discussed in class elaborately)


1. DeputyCommissionerofIncomeTax vRaghuvirSyntheticsLtd.[2017]
394ITR1(SC)
2. CITv.GovindNagarSugarLtd.(2011)334ITR13(Delhi)
3. Smt.A.KowsalyaBaiv.UOI(2012)346ITR156(Kar.)
4. HemantTradersv.ITO(2015)375ITR167(Bom)
5. GodrejIndustriesLtdv.B.S.SinghDy.CIT(2015)377ITR 1(Bom)
6. DelhiHighCourtrulinginRanbaxyLaboratoriesLtd.v.CIT(2011)336ITR136

578
7. KarnatakaHighCourtrulinginN.Govindarajuv.ITO(2015)377ITR243
8. AmarnathAgrawalv.CIT(2015)371ITR183(All)
9. UnionofIndiav.TataTeaandOthers[2017]398ITR260(SC)
10. CITvs.PrakashChandAgarwal[1982]11Taxmann(MP).
11. JugalKishoreBaldeoSahaivs.CIT[1967]63ITR238(SC).
12. ITOv.ShankaraiahYadav[2004]91ITD228(Hyd.).
13. CIT vs.CharandassKhanna&Sons(1980)123 ITR194(Delhi).
14. K.S.SubbiahPillaivs.CIT(237ITR11).
15. CommissionerofIncome-
taxv.D.L.NandagopalaReddy(Individual)(2014)360ITR0377(Kar)
16. SurrendraPrasadMishravs.ITO[2006]7SOT 457(Luck.)
17. RadhaPicturePalacevs.CIT[2011]9Taxmann(Ker.).
18. CITv.AnilHardwareStore(2010)323ITR 368(HP)
19. CITv.HaryanaWarehousingCorporation[2005]1SOT2649Chd.).
20. VivekIspat Udyogvs.ITO[2005]95TTJ(Delhi)1090
21. CIT v.Govindbhai Mamaiya(2014)367ITR498(SC)
22. SudhirNagpalv.Income-taxOfficer(2012)349ITR0636 (P&H)
23. Co-operativeCentralBankvs.C.l.T.(1965)57ITR579.
24. SindCo-operativeHousingSocietyv.ITO(2009)317ITR47
25. Income-taxOfficerv.VenkateshPremisesCo-
operativeSocietyLtd.[2018]402ITR670(SC)
26. Queen’sEducationalSocietyv.CIT(2015)372ITR699(SC)
27. CIT v.St.Peter’sEducational Society(2016)385ITR66(SC)
28. CITv.SocietyforthePromotionofEducation(2016)382 ITR6(SC)
29. DIT(Exemptions)v.MeenakshiAmmaEndowmentTrust(2013)354
ITR219(Kar.)
30. DIT(Exemption)v.KhetriTrust(2014)367ITR723(Del)
31. DIT(Exemptions)v.RamojiFoundation(2014)364ITR85(AP)

6. Text Books:

6 DirectTaxLawandPracticebyDr.VinodSinghaniaandDr.KapilSinghan
ia(TaxmannPublication)
7 Income
TaxbybyDr.VinodSinghaniaandDr.MonicaSinghania(TaxmannPubli
cation)

579
7. Reference Books:

6 Taxmann’sIncomeTaxAct, editedbyU.K. Bhargava


7 IncomeTaxMiniReadyReckonerbyMonicaSinghania(TaxmannPublicati
on)
8 IncomeTaxActbyTaxmann(As
AmendedbyFinanceAct2021)(TaxmannPublication)

8. Researched Articles Reference:

1. Adriano, Elvia Arcelia Quintana, Natural Persons, Juridical Persons And


Legal Personhood, Maxican Law Review, Vol. 8, No. 1, pp. 101-118.
2. Adriano, Elvia Arcelia Quintana,The Natural Person, Legal Entity or
Juridical Person and Juridical Personality, Penn State Journal of Law &
International Affairs (2015), Vol. 4, No. 1, pp. 364-391.
3. Mohanka, Mayank, Demo of Non-Functioning Functionalities of New
E-Filing Portal!!, [2021] 127 taxmann.com 748
4. Hegde, Manjunath, Bracing for implementation of Section 206AB
ofIncome-tax Act, [2021] 127 taxmann.com 743
5. Agarwal, D.C., Recent Rulings on Faceless Assessment Scheme, [2021]
127 taxmann.com 711

9. Books for Advanced Reading:

1. Direct TaxesReadyReckonerbyVinod
KSinghania(TaxmannPublication)
2. TaxControversiesUnderIncomeTax
ActbyKaushikDShah(TaxmannPublication)

580
Module Skill Component
Module 1: 4. Some real examples of faceless
AssessmentofIndividuals return and faceless appeal

5. Process of filling ITR1, ITR2 and


ITR3
Module 2:
3. Problems relating calculation of
TaxTreatmentofHUFandCo-
income and tax liability of HUF and
OperativeSociety
Co-Operative Societies

4. Process of filling ITR4

Module 3: Tax Treatment of Firm 1. Problems relating calculation of


income and tax liability of firm

2. Process of filling ITR5

Module 4: Tax Treatment of 1. Problems relating calculation of


AOP/BOI income and tax liability of AOP/BOI

1. Process of filling ITR5

Module 5: Tax Treatment of 2. Problems relating calculation of


Trust income and tax liability of trust

1. Process of filling ITR6

Resource Persons

International

3. Ayush Ganediwala,
Vice President, Legal, Industrial and Commercial Bank of China.

E-mail I.D.: ayushganediwala@gmail.com

Mobile: +91-99303 07853

581
4. Amit Shankar Singh Rajput
Legal , Citi Bank, Hong Kong.

E-mail I.D.: amit.shankar@citi.com

Mobile: +91- 99879 86493

National

5. Prashant Panda
Company Secretary of Odisha Tourism Development Corporation
Limited

E-mail I.D.: prashantpanda2004@yahoo.com

Mobile: +91-9853199900

6. Adv. Ronak Modi


Advocate, Cuttack High Court

E-mail I.D.: modironak97@gmail.com

Mobile: +91-9040474697

7. Mr. Jeevan Ballav Panda,


Partner, Khaitian & Co, New Delhi
E-mail I.D: jeevan.ballav@khaitanco.com
Mobile: +91-98310 53655

8. Mr. Dipti Lavya Swain


Partner, HSA Advocates
E-mail I.D.: dipti.swain@hsalegal.com
Mobile: +91-9004610900

582
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW4814 : Information Technology and Intellectual Property Rights,(Hons. Paper-2

(Sem. 08/Paper-11)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:

The development of information technology has improved the communication, and facilitated
the growth of trade and commerce. With the global reach, the Internet provides intellectual
property owners with a seemingly unlimited market for their works. However, the Internet
offers similarly expanded opportunities for those seeking to infringe the rights of others,
while making the detection and elimination of such infringement extremely difficult.The
paper will identify and analyze about the interface between Intellectual Property and
Information Technology Laws, to develop legal skills among students to deal with IPR issues
in the electronic medium

LEARNING OBJECTIVES:

 To analyze the Effect of Technological Changes on Law


 To analyze the interface between Information Technology Law and Copyright Law
 To analyze the interface between Information Technology Law and Trademark Law
 To discuss and analyze recent legal dillemas raised by the interface of information
technology and intellectual property laws.

TEACHING METHOD:

The course will be taught by a combination of

 Lecture method
 Case study method
1) Anatomical
2) Physiological
 Group discussions
 Inviting specialized persons in this filed for delivering lectures

583
MODULE I Introduction

There is an intuitive desire to believe that a new technology is special and unique.
Consequently, regulators, judges and scholars tend to look at each new technology in
isolation. This module shall analyse whether the assessment and reaction to each new
technology in isolation is the best mode for technology regulation or whether a broader
outlook would better serve the social accommodation of new technologies.

1.1 Introduction to the Concept of IT and IP

1.2 The Effect of Technological Changes on Law

1.3 Technological challenges to law, property and ethics

1.4 The impact of Law on New Technologies

1.5 Digital Divide

Theory And Skill Component :Doctrinal coverage on the legal issues raised by the interace
of law and technology.

Course Takeaway :The module will help in understanding the following:

(i) technological change differs from social change; and

(ii) changes in technological knowledge are distinguished from transformations in other


forms of knowledge.

Number Of Hours: 14

MODULE II Online use of Trade Marks and Domain Names

Cybersquatting, the DNS, and the evolution of Internet governance are all parts of the deep
and richhistory of the Internet. At the dawn of the commercial use of the Internet, many
people recognized the value in owning a domain name for an established mark. This value
can be especially high because some people type names of goods or services directly into
their web browser as a means of finding websites (versus using a search engine such as
Google).

2.1Domain Names as Trademarks


2.2Registering a Domain Name
2.3Domain Name Disputes
2.4Types of Domain Name Disputes
2.5 ICANN’s Role in resolving Domain Names Disputes
2.6UDRP and INDRP

Theory And Skill Component :

Nature of reliefs available in domain name disputes.

584
To be able to evaluate the capabilities of a legal professional needed inrelation to a domain
name dispute

Course Takeaway :This module will help in understanding the inter-relationship between
domain names and trademarksand analysing few landmark judgments that have contributed
to the evolving jurisprudence on the subject of cybersquatting.

Number Of Hours: 15

MODULE III Database Protection in Electronic Medium

Data protection has been growing in importance in recent years. Countries all over the world
are tightening their data protection laws.There are three main planks of data security. Firstly,
the need to actually secure the data, typically using some form of encryption. Secondly, the
need to protect our network and servers from access and thirdly, the need to authenticate
users and check what data they are allowed to access.

3.1Electonic Databases and the need for legal protection


3.2 Encryption
3.3Legal Position of Data protection in U.S and U.K and India
3.4Monitoring Decryption and Interception
3.5 Transborder Data Flows
3.6 Cloud Computing
Theory And Skill Component :

Will be able to identify the security risks and privacy risks associated with data protection

Course Takeaway :It will help us to understand the legal issues raised in security and
protection of personal data stored in electronic medium (or ”electronic personal data”); good
practices that organisations should undertake to protect electronic personal data

Number Of Hours: 15

MODULE IV Internet and the Protection of Copyright


The Internet has been characterized as the largest threat to copyright since its inception.The
Internet has created a new avenue for copyright infringement on a global scale. Although
virtually all types of works that are subject to copyright law can be transferred through digital
networks, transfers of music recordings have received the most attention.
4.1Copyright infringement in cyberspace and network security
4.2Liability of Internet Service Provider (Information Technology Act)
4.3Technology and Copyright Infringement
4.4Digital Millennium Copyright Act: Provisions of Safe Harbour
4.5 Linking and DeepLinking

585
Theory And Skill Component :

Will be able to understand the technical mechanisms intended to protect intellectual property
(IP) in digital form, along with attempts to develop commercial products and services based
on those mechanisms

Course Takeaway :It will help us to understand the interests of copyright owners and
enforcement of their rights in the digital medium across various jurisdictions.

Number Of Hours: 14

MODULE V Artificial Intelligence: A Modern Approach


With the increasing use of AI to develop scalable business solutions companies around the
world are also increasing their legal and regulatory risks. Authorities around the globe are
now conscious of the issues of 'Explainability', 'Provability', 'Transparency', 'Accountability'
and 'Accessibility' associated with AI. With growing dependency upon technology and
machine learning capabilities, the authorities are working extensively on preparing policy and
legal frameworks for the regulation of AI
5.1 Artificial Intelligence Terminology and Background
5.2 Artificial Intelligence Implementations on the Blockchain
5.3 AI and Blockchain in Cybersecurity Applications
5.4 Challenges in Blockchain Implementation

Theory And Skill Component :

Doctrinal coverage on the regulation and new challenges raised by emerging technologies.
Course Takeaway:
Will be able to explore the role of artificial intelligence (AI) and blockchain via various AI
techniques. The alliance of AI and blockchain is expected to create numerous possibilities in
various sectors.
NUMBER OF HOURS: 14

CASES REFERRED

 Satyam Infoway Ltd. v Sifynet Solutions 2004 (6) SCC 145


 Yahoo Inc. V. Aakash Arora & Anr.
 Rediff Communication v. Cyberbooth & Anr 2000 PTC 209
 CompuServe v Patterson 89 F.3d. 1257
 Playboy Enterprises v Chukkleberry publishing 939 F..Supp. 1032,1041 (S.D.N.Y. 1996)
 Washington Post Co. v. Total News, Inc. [97 Civ.1190 (S.D.N.Y.)]
 Futuredontics Inc. v. Applied Anagramic Inc. [1997 46 USPQ 2d 2005 (C.D.Calif. 1997)]
 Kelly v. Arriba Soft Corporation, 280 F.3d 934 (9th Cir. 2002)
 Nicolas v Universal Picture Corpn 45 F 2d 119(1930)
 A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001)

586
TEXT BOOKS :
 KAMATH.N. ed. The law relating to computers Internet and e-commerce. 2nd ed.
Updated reprint, India. Universal Law Publishing Co. Pvt. Ltd., 2002.
 Reed, Chris and Angel, John. Computer Law (New York: Oxford University Press,
2003)
 KENNETH C. Creech.. Electronic Media Law and Regulation, Fourth Edition. Focal, 2003.

REFERENCES BOOKS:

 Diane Rowland, Elizabeth Macdonald, Information technology Law, (London:


Cavendish Publishing Ltd., 1997)

 JAMES, Intellectual Property & Private International Law,2nd ,2011,OUP


 LEMLEY, Software and Internet Law, 4Th. 2011,Wolters Kluwer
 LLOYD, Information Technology Law,6Th.,2011,OUP
 JOGA RAO, S.V. Law of Cyber Crimes and information technology law. Nagpur,
Wadhwa, 2004. 1510 P.

RESEARCH ATICLES REFERENCE


 Marks and Turnbull (2000)’The Intersection of Technology, Law and Commercial
Licenses’ [2000] EIPR 198
 Charn Wing Wan,The challenge of the criminalization of online piracy in Hong
KongOxford Journals Law Jnl of Intellectual Property Law & Practice (2008)Volume 3,
Number 10 Pp. 666-672
 Garnett, HK, Davies, G Harbottle, G, Copinger Skone James on Copyright, Vol 1 London
Sweet Maxwell, 15th ed, 2004, in Journal of Intellectual Property Law & Practice
 Casey Lide, What Colleges and Universities Need to Know about the Digital Millennium
Copyright Act, EDUCAUSE Vol 22 Nov.1999at
http://www.educause.edu/pub/ce/cem99/cem991.html

BOOKS FOR ADVANCED READING


 MATILAL, S. Intellectual Property in Computer Software –Images, Objections and
Future. Kolkata , Kamal Law House. .2004. 120 P.
 MATTHAN, R. Law relating to computers and Internet. India: Butterworth. 2000.
 MICHAEL M A Mirabito & MORGENSTERN Barbara. The New Communications
Technologies Applications, Policy, and Impact, Fifth Edition. Focal Press. 2004
 MARIATIS,Trademarks in Europe: A Practical Jurisprudence,2nd,2006,Sweet &
Maxwell
 MILLER,Patents,2010,Edward Elger
 MILLER,Law for E-Commerce,2002,West
 MARTIN,Copyright, Limitations & step test,2004,Kluwer
 NAND, The Law of Intellectual Property,3rd, 2011, Kluwer

587
 NAND,The Law of Patents,2nd, 2011,Kluwer
 HUNT, Munroe, New Technologies and the Employment of Disabled Persons. 1992.
Institute, 2004
 HUNT,Patent Searching,2007,John Wiley
 HEATH,Spare, Repairs and Intellectual Property Rights ,3rd, 2009,Kluwer
 ROWLAND,Information Technology Law,4Th.,2012,Routledge
 ROOIJEN,The Software Interface between Copyright and Competition
Law,2010,Wolters Kluwer
 RYDER, D.R. Guide to cyberlaws.2nd ed. India: Nagpur, Wadhwa .2003. 1510 P.
 SOOD, V. Cyberlaw simplified. India: Tata McGraw-Hill publishing Co.Ltd. 2001. 598
P.
 STOBBS,Software Patents,2nd ,2008,Kluwer
 TABREZ Ahmad, Cyberlaw, E-commerce & M-commerce. APH, Publishing Corp. New
Delhi, 2003.
 VERMA, S.K and MITTAL R. ed. Legal Dimensions of cyberspace .India: Indian
Law Institute. 2004. 498 P.

588
SKILL COMPONENT

Module 1 Doctrinal coverage on the legal issues raised


by the interace of law and technology.
Introduction

Module 2 Nature of reliefs available in domain name


disputes.
Online use of Trade Marks and Domain
Names To be able to evaluate the capabilities of a
legal professional needed inrelation to a
domain name dispute

Module 3 Will be able to identify the security risks and


privacy risks associated with data protection
Database Protection in Electronic Medium

Module 4 Will be able to understand the technical


mechanisms intended to protect intellectual
Internet and the Protection of Copyright property (IP) in digital form, along with
attempts to develop commercial products and
services based on those mechanisms

Module 5 Doctrinal coverage on the regulation and new


challenges raised by emerging technologies.
Artificial Intelligence: A Modern Approach

589
RESOURCE PERSONS:

National

1. Rodney D Ryder

Founding Partner, Scriboard

ryder@scriboard.com

2. Pavan Duggal

Pavan DuggalAssociates

Email: pavan@pavanduggal.com

3.Atul Pandey

NLIU, Bhopal

Email: atul.iiit@gmail.com

International:

Dr Andres Guadamuz

University of Sussex

A.Guadamuz@sussex.ac.uk

590
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4514: Socio-Economic Offences,(Hons. Paper-2)

(Sem. 08/Paper-12)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)
1. Course Description: (not more than 45words)

This course focuses on the "Criminality of the "Privileged classes". Accordingly, the course
focuses on the relationship between privileged power and deviant behavior. This course deals
with a special category of offenses known as “White collar crimes” or socio-economic
offenses. These offenses have to be understood in terms of the nature of the development of
the Indian state and society. Their causes partly lie in the ways in which economic and
political development occur. The cost of such offenses is, often, enormous and is borne most
acutely by the most vulnerable section of society. Combating socio-economic offenses is a
vital part of the achievement of justice in society.

2. Learning Objectives: (Not more than 6 bulleted points)

(1) Dispelling of the commonly held belief that deviance crime is usually associated with the
impoverished or improvident;

(2) Construction of model understanding the reality of middle and upper classes; middle class
deviance criminality in India;

(3) Critical analyses of legal system responses and

(4) Issues and dilemmas in penal and sentencing policies.

(5)To enable students understand the investigation and prosecution of socio economic
offences.

5. Teaching Method: (Briefly describe the pedagogy)

The teaching methodology that shall be adopted in this paper is a combination of lecture
method, case study, debates, and research.

6. Course Content:

MODULE -1: Introduction to Socio-Economic Offences:

This module aims at imparting the fundamental knowledge to the students regarding Socio
Economic Offences.

1.1 Socio-Economic Offence- Difference in relation to other crimes

591
1.2 Types of Socio-Economic Offences
1.3 Theoretical Foundations of Socio-Economic Offences
Theory and Skill Component: Theoretical Module. The students will develop listening
skills.

Course Takeaway: It will dispel the commonly held belief that deviance crime is usually
associated with the impoverished or improvident

Number of Hours: 13 hours (4+5+4)

MODULE -2: Socio-Economic Offences and Penalties under Special Legislations:

This module intends to disseminate knowledge on the legislations made on regulating


licensing and transaction of arms and ammunitions; control of essential commodities, and
quality of food available to public at large.

2.1. The Arms Act, 1959with Amendments made in 2019


2.2. Prevention of Food Adulteration Act, 1954& Food Safety & Standards Act
2006
2.3. Essential Commodities Act, 1955 with Amendments made in 2020
2.4. Penalties under Socio-Economic Offences under Special Legislations: The
Arms Act, 1959; Prevention of Food Adulteration Act, 1954, Food Safety
& Standards Act 2006, Essential Commodities Act, 1955.
Theory and skill component: Problem solving skills and analytical skills.

Course takeaway: Students will be able to understand the offences and relating penalties.

Number of hours: 15 hours (5+6+4)

MODULE -3: Legislation on Economic Offences and Penalties:

This module will be dealing with legislation regaling to Immoral Traffic of persons,
Conservation of Foreign Exchange, any transaction with narcotic substances and Money
Laundering, and also the punishments relating to the same.

3.1. Immoral Traffic (Prevention) Act, 1956


3.2. The Conservation of Foreign Exchange and Prevention of Smuggling Act,
1974
3.3. The Narcotic Drugs and Psychotropic Substances Act, 1985, Amendment
Act 2001
3.4. Prevention of Money Laundering (Amendment) Act, 2009
3.5. Fugitive Economic Offenders Act, 2018
3.6. Penalties under Economic Offences:Immoral Traffic (Prevention) Act,
1956, The conservation of Foreign Exchange and Prevention of Smuggling
Act, 1974; The Narcotics and Psychotropic Substances Act 1985,
Prevention of Money Laundering (Amendment) Act, 2009 and Fugitive
Economic Offenders Act, 2018.

592
Theory and skill component: Problem solving skills and analytical skills.

Course takeaway: Students will be able to understand the offences and relating penalties.

Number of hours: 15 hours (3+3+3+3+3)

MODULE -4: Legislation on Social Offences and Penalties:

This module deals with legislations pertaining to securing the social wellbeing of the
vulnerable.

4.1. Dowry Prohibition Act 1961


4.2. Prohibition of Child Marriage Act 2006
4.3. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
4.4. The Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989
4.5. The Rights of Persons with Disabilities Act, 2016
4.6. Penalties under Social Offences: Dowry Prohibition Act, 1961, 4.2
Prohibition of Child Marriage Act 2006; The Maintenance and Welfare of
Parents and Senior Citizens Act, 2007:The Scheduled Castes and Schedule
Tribes (Prevention of Atrocities) Act, 1989; The Rights of Persons with
Disabilities Act, 2016
Theory and skill component: Problem solving skills and analytical skills.

Course takeaway: Students will be able to understand the offences and relating penalties.

Number of hours: 15 hours (3+3+3+3+3)

MODULE -5: Investigation and Prosecution:

This module deals with the agencies which carry out the investigation of such genre of
offences.

5.1. The Central Vigilance Commission (CVC) Act 2003


5.2. Central Bureau of Investigation (CBI)
5.3. Central Investigation Department
5.4. International Agencies: Interpol, RAW
Theory and skill component: Theoretical module. The students will develop listening skills.

Course takeaway: The students will be able to explore the different agencies relating to
investigation of socio economic offences.

Number of hours: 14 hours (3+3+3+5)

7. Text Books:

1) Singh, J. S. P. (2010). Socio Economic Offences. Sri Sai Law Publications.


2005 Edition.

2) Dabas, K. (2020).Socio Economic Offences. Singhal Law Publications. 5th

593
Edition.

3) Khan, N. P. (2018). Law Relating to Socio-Economic Offences. Central Law


Publications.

8. Reference Books:

1. Williams, Katherine S., Text Book on Criminology, 6th Edi, Oxford.


2. Stout,Brian et al., Applied Criminology., 1st.Edi.,Sage Publications
3. Ahuja,Ram, Criminology,1st Edi., Rawat Publication. Jaipur(2010)
4. Walsh,Anthony & Hemmens, Craig, Introduction To Criminology: a Text Reader,1st
Edi., Sage Publications.
5. Dogra, Shiv Kumar,Criminal Justice Administration in India, Deep & Deep
6. G B Reddy's Prevention of Immoral Traffic and Law, Gogia Law Agency, Hyderabad
7. Reid,Sue Titus,Crime And Criminology,Holt,Rinehart and Winston.
8. Sirohi,J.P.S, Criminology and Penology, 6th Edi., Allahabad Law Agency
9. Paranjape,N.V, Criminology and Penology, 14th Edi., Central Law Publication.
10. Quadri,S.MA,Ahmad Siddiques Criminology and Penology, 6th Edi., Eastern Book
Company

9. Cases:

1. Swamy Premananda vs The Enforcement Officer on 21 July, 2009:

2. Salamat Ali vs The State Through Police on 25 September, 1990

3. Salamat Ali S/O Shokatali vs State Of Madhya Pradesh on 25 September, 1990

4. State Of Gujarat vs Ramesh Laxmanbhai Chauhan on 4 May, 1994

5. Sri. Tony Tharakan vs The Central Bureau Of ... on 9 November, 2012

6. Additional Secretary To The ... vs Smt. Alka Subhash Gadia And Anr 1990 SCR,
Supl. (3) 583 1992 SCC Supl. (1) 496

7. Subhash Popatlal Dave V. UOI, WRIT PETITION (CRL) NO.137 OF 2011

8. Sanjay Dutt vs State Through C.B.I. Bombay

10. Researched Articles Reference:

1) Bail in Socio-Economic Crimes and Criminal Justice in India, Singh, Pradeep


Kumar
(http://heinonline.org.kiitlibrary.remotexs.in/HOL/Print?collection=journals&
handle=hein.journals/atnsj2020&id=225)

2) A Global Initiative to Deter Drug Trafficking: Will Internationalizing the Drug


War Work, Gardner, Sharon A.
(http://heinonline.org.kiitlibrary.remotexs.in/HOL/Print?collection=usjournals

594
&handle=hein.journals/tclj7&id=293)

9. Skill Component:

Serial Module Skill Component


No.

1) Module 1: Introduction to Socio-Economic Theoretical module:


Offences Listening Skills

2) Module 2: Socio-Economic Offences and Problem Solving Skills and


Penalties under Special Legislations Analytical skills

3) Module 3: Legislation on Economic Offences Problem Solving Skills and


and Penalties Analytical skills

4) Module 4: Legislation on Social Offences and Problem Solving Skills and


Penalties Analytical skills

5) Module 5: Investigation and Prosecution Theoretical module:


Listening Skills

10. Resource Persons:

1. Prof. N. K. Chakrabarti
Vice Chancellor
WBNUJS

2. Dr. Meenu Gupta


Professor
Amity Law School Noida

3. Mr. Pramod Tiwari

Assistant Professor
Faculty of Law,
Delhi University (Law Campus 2)

4. Dr. Komal Vig

Associate Professor
Amity Law School Noida

595
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4416: INTERNATIONAL TRADE LAW,(Hons. Paper-2)

(Sem. 08/Paper-13)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

To introduce and impart the understanding of the Principles of International Trade Law
including the mechanism for dispute settlement in WTO and to encourage students to be able
to analyse and interpret the complex nature of contemporary legal implications of
international trade.

LEARNING OBJECTIVES:

1. To impart the basic understanding of the Multilateral Trade Regime like WTO and its
interaction with global trade regulations;
2. To impart the basic understanding of the WTO-GATT’s dispute resolution mechanism;
3. To make understand the principles on which the evolution of WTO has taken place along
with its institutional structure and decision making mechanism;
4. To help in understanding and building the skill set to interpret the mechanism of WTO
dispute settlement procedure and
5. To develop the ability to analyse the WTO case law.

TEACHING METHOD:

The course will be taught by combination of:

6. Lecture Sessions;
7. Case Study;
8. Judgment Reading;
9. Case law – Research;
10. Class Discussion & Presentations.

MODULE-I:GATT AND WORLD TRADE

This Module will introduce the fundamental and conceptual base of International Trade
Law.

1.1 The Development of GATT


1.2 The Evolution of GATT 1948 to GATT1994/WTO
1.3 The strengths and weaknesses of multilateral trade regime
1.4 The future of world trade – Multilateral versus Regional versus Bilateral

596
THEORY AND SKILL COMPONENT: Students will acquire basic understanding for
developing critical analysis skills in international trade issues related to GATT 1948, GATT
1994/WTO, multilateral trade regime.
COURSE TAKEAWAYS: Students will acquire understanding on multilateral trade
mechanism at global level and evolution of WTO from GATT 1948. Students have to go
through two extensive quiz sessions (2 classes) on basic concepts.
NUMBER OF HOURS: 10 Hours

MODULE-II:DISPUTE SETTLEMENT MECHANISM


In this Module discussion will be on dispute resolution mechanism of WTO and it is
unique characteristics.

2.1 WTO Dispute Settlement Mechanism

i. Substantive Perspective

ii. Procedural Perspective

2.2 Position of WTO Dispute Settlement Mechanism in International Law

2.3 Challenges of WTO Dispute Settlement Mechanism

THEORY AND SKILL COMPONENT: Students will acquire basic understanding for
developing critical analysis skills in dispute settlement in international trade, WTO dispute
settlement and challenges associated with it.
COURSE TAKEAWAYS: Students will acquire understanding of various dispute settlement
systems at WTO level and the challenges associated with it. Students have to go through one
class based test on essay type questions and receive individual feedback (3 classes).
NUMBER OF HOURS: 10 Hours

MODULE- III: PRINCIPLES OF NON-DISCRIMINATION


In this Module discussion will be on issues like concepts of non-discrimination in
international trade.

3.1 The Most Favoured National Principle


3.2 The concept of “Like Product”
3.3 Exceptions to MFN Principle
3.4 The National Treatment Principle

THEORY AND SKILL COMPONENT: Students will acquire basic understanding for
developing critical analysis skills in the concept non-discrimination like MFN and National
Treatment in international trade and Like Product.

597
COURSE TAKEAWAYS: Students will acquire understanding of various issues of MFN,
NT as part of non-discrimination principle of WTO mechanism. Students have to go through
class room group exercise on conduct and proceedings of WTO disputesettlement
mechanism.
NUMBER OF HOURS: 10 Hours

MODULE-IV: TARIFF AND NON-TARIFF BARRIERS TO TRADE


In this Module discussion will be on issues like concepts of remedies against unfair trade
practices like ant-dumping duties, countervailing duties.

4.1 Dumping and Anti-Dumping Measures


4.2 Subsidies and Countervailing measures
4.3 Technical Barriers to Trade: TBT and
4.4 Sanitary and Phyto-Sanitary Agreement

THEORY AND SKILL COMPONENT: Students will acquire basic understanding for
developing critical analysis skills in concepts of tariff and non-tariff barriers to trade like
dumping, subsidies, Technical Barriers to Trade, and Sanitary and Phyto-Sanitary
Agreement.
COURSE TAKEAWAYS: Students will acquire understanding on concepts of various trade
issues at global stage like Dumping, TBT, Subsidies and SPS. Students have to go for group
presentation on issues of international finance and the topic will be decided by the subject
teacher after discussion with concerned groups.
NUMBER OF HOURS: 10 Hours

MODULE- V:GATS – GENERAL AGREEMENT ON TRADE IN SERVICES


In this Module discussion will be on issues like concepts of service trade like modes of
services, evolution of service trade, challenges of service trade.

5.1 The Framework of GATS


5.2 GATS scope of Application
5.4 Schedule of Specific Commitments
5.5 Economic Integration Agreements
5.6 GATS and Developing Countries

THEORY AND SKILL COMPONENT: Students will acquire basic understanding for
developing critical analysis skills in concepts related to GENERAL AGREEMENT ON
TRADE IN SERVICES.
COURSE TAKEAWAYS: Students will acquire understanding on GATS and related
concepts of trade issues at global stage. Students have to go for individual presentation with
their own views and opinions with pre-approved topics of their own choice.
NUMBER OF HOURS: 10 Hours

598
MODULE-VI: THE ROAD AHEAD
In this Module discussion will be on recent and contemporary challenges in
international trade law associated in this areas like COVID 19, US-China trade war,
WTO’s future.

6.1 India and WTO: INDIA’s stand on various issues

6.2 Doha Ministerial Rounds

6.3 Bali Ministerial Rounds

6.4 The Future of WTO

THEORY AND SKILL COMPONENT: Students will acquire basic understanding in recent
challenges in contemporary international trade law related challenges like future of WTO,
DOHA Round issues etc.
COURSE TAKEAWAYS: Students will acquire understanding on future of WTO nad
India’s role in WTO and other multilateral trade regime. Students have to go for group
discussion on the topics selected by students and teacher from the above module.
NUMBER OF HOURS: 10 Hours

CASE REFERENCES

1. Panel Report, Indonesia-Certain Measures Affecting the Automobile Industry,


WT/DS54/R
2. Appellate Body Report, Korea-Measures Affecting Imports of Fresh, Chilled, and Frozen
Beef, WT/DS161/AB/R and WT/DS169/AB/R
3. US-Final Anti-dumping measures on Stainless Steel from Mexico, WT/DS344/AB/R
(adopted May 20, 2008)
4. Canada Auto Pact Case, 2000
5. European Communities — Regime for the Importation, Sale and Distribution of
Bananas, DS27
6. Japan Alcoholic Beverages Case, 1996
7. Turtle - Shrimp case, 1998 (Amicus Briefs)
8. United States - Sections 301-310 of the Trade Act of 1974
9. United States - Import Prohibition of Certain Shrimp and Shrimp Products
10. EC - Sugar Regime Case, 2005

TEXT BOOKS

1. Raj Bhala, International Trade Law: Interdisciplinary Theory and Practice, 2nd Ed.,
Thomson Sweet & Maxwell, 2013

599
2. Salvatore, D "International Economics:Trade and Finance, Wiley Publishers, 11th
Ed.2014.
3. Simon Lester and Bryan Mercurio, World Trade Law (Tax, Materials and Commentary),
First Indian Reprint, Universal Law Publishing, 2010.

REFERENCE BOOKS

1. John H. Jackson, The World Trading System, 2nd Ed., Satyam Books,2012.
2. Jason C.T. Chuah, Law of International Trade: Cross-Border Commercial Transactions, 4th
Ed., Sweet & Maxwell, 2009. (Chapters: 5,12 & 13)
3. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the WTO
Legal System, Oxford University Press, 2006.
4. Indira Carr, International Trade Law, 4th Ed., 2010.

RESEARCHED ARTICLES REFERENCE

1. The WTO Trade Remedy System: East Asian Perspective (Mitsuo Matsushita, Dukgeun
Ahn and Tain-Jy Chen, eds.) (London, Cameron May Publishers, 2006) at 11-31
2. 34 N.Y.U. J. Int'l L. & Pol. 299 (2002)
3. China’s Participation in the WTO (Henry Gao and Donald Lewis, eds.) (London, Cameron
May Publishers, 2005) at 315-351
4. 31 N.Y.U. J. Int'l L. & Pol. 823 (1999)
5. 91 AJIL 60 (January, 1997)
6. 90 AJIL 193 (April, 1996)
7. 86 AJIL 310 (April, 1992)
8. UCLA J. Int'l L. Foreign Aff. 209 (2011)
9. 8 Marquette Intellectual Property Law Review 211 (2004) [TRIPS, Patents, and Access to
Life-Saving Drugs in the Developing World]
10. 7 Melbourne Journal of International Law 339 (2006)
11. Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May
Publishers, 2005) at 217-252

BOOKS FOR ADVANCED READING

1. Petros C. Mavroidis, Trade in Goods, Oxford University Press, 2007.


2. www.wto.org - Contains original contents publication by wto - Relevant cases from WTO
website
3. Alan O. Sykes, The WTO Agreement on Safeguards, Oxford University Press, 2006.
4. Yan Luo, Anti-Dumping in the WTO, the EU and China, Wolters Kluwer, 2010.
5. Nellie Munin, Legal Guide to GATS, Wolters Kluer, 2010.

600
6. Bernardette Griffin, Day and Griffin, The Law of International Trade, 3rd Ed., Oxford
University Press, 2004.
7. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the WTO
Legal System, Oxford University Press, 2006.
8. Sonia E. Rolland, Development at WTO, Oxford University Press, 2012.

RESOURCE PERSONS

International

1. Dr. Swati Gola (Lecturer in Leicester Law School, University of Leicester)


Contact: S.Gola@exeter.ac.uk

2. Dr. Abdul Rehman Baamir (Legal Expert, Writer and Practitioner, Jeddah, Saudi Arabia)
Contact: abdulrahman@baamir.com

National:

1. Prof. (Dr.) A. Jayagovind (Visiting Professor, NLU, New Delhi)


Contact: a.jayagovind@nludelhi.ac.in; ajayagovind@gmail.com

601
8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW4714 International Human Rights Law,(Hons. Paper-2)

(Sem. 08/Paper-14)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The course deals with critically analyzing the international regime for the protection of
human rights. The course will explore international human rights law, policy, and
perspective and deal with the global and regional mechanisms for the protection of human
rights.

LEARNING OBJECTIVES:

This course enables students to:

1. Critically analyze the existing international legal framework for the protection
of human rights.
2. Understand and analyze the role played by regional organizations in protection
and promotion of human rights.
3. Explore the International Human rights laws, norms and practice; the procedures
used to protect human rights
4. Understand the inter-relationship between human rights regime and
humanitarian intervention for maintenance of peace and security.
5. Understand and analyze the conceptualizations of right to development
6. Understand the shortcomings and the challenges faced for the protection of
human rights world-wide.

TEACHING METHOD:
The teaching methodology that shall be adopted for this paper will be a combination of
1. Lecture method
2. Debates
3. Discussion
4. Research.
The teacher shall introduce the topic in the class and after that the students shall be
encouraged to research and analyze on the issues relating to the subject and present
their finding in the class. This shall be followed by discussions.

602 | P a g e
Module I: Introduction to International Human Rights Law

The module seeks to understand the development, approaches and principles guiding the
international human rights regime. It is an introductory module which seeks to conceptualize
the meaning and nature of human rights.

Sub Modules

1. Meaning and Understanding of HumanRight (Theory component)

2. History of Internationalization of HumanRights (Theory component)

3. Schools of Human Rights Law. (Theory component)

4. International Human Rights Protection - StructuralPrinciples (Theory component)

5. Application of principles in shaping scope and nature of international human rights


(Skill component)

Theory & Skill components: Application of principles of human rights in shaping


international human rights law.
Course takeaways:
On completion of this module, students should be able to:
 Critically analyze the changing perspectives of human rights law from pre-World
War era till present times.
 Understand and analyze the various discourses present within the human rights
regime.

Number of Hours: 9 hours

Module 2: International framework of Human Rights Law- Charter and Treaty


Systems

The module enables students to obtain an overarching understanding of human rights under
the international legal instruments. It also seeks to understand the prevailing Charter and
Treaty systems.

603 | P a g e
Sub Modules:

2.1. Human Rights under the framework of the UNCharter (Theory component)
2.2. Universal Declaration of Human Rights,1948. (Theory component)
2.3.Human Rights Treaties and MonitoringMechanism (Theory + Skill component)

2.4. Charter Based Organs andMechanism (Theory+ Skill component)

2.5.U.N SpecializedAgencies(Skill component)

Theory & Skill Components: Operation of Human rights treaty mechanism and charter
mechanism in protection of human rights, role UN Specialized Agencies.
Takeaways:
At the end of this course, students will be able to:
 Analyze the international human rights structure under the Charter based and the Treaty
based systems.
 Appreciate the comprehensive framework developed by United Nations system for
protection of Human Rights and analyze systems of monitoring, individual complaints
mechanism, state reporting procedures as a means of enforcing human rights.
 Understand the role played by human rights treaty bodies, specialized agencies in
protection and promotion of human rights.
Number of Hours: 12 hrs

Module 3: Role of Regional Organizations in Protection of Human Rights

This module seeks to understand and analyze the role played by regional organizations in
protection and promotion of human rights.

Sub Modules
3.1 The European System for the Protection of HumanRights

3.1.1 The European Convention of HumanRights(Theory +Skill component)

3.1.2The European Court of HumanRights (Theory +Skill component)

3.1.3 The European SocialCharter (Theory component)

3.2 The Inter-American Human RightsSystem

604 | P a g e
3.2.1 From PAN American Union to theOAS (Theory component)

3.2.2 Purposes and Structure of the OAS (Theory component)

3.2.3 The American Declaration of the Rights and Duties ofMan (Theory component)

3.2.4The Charter BasedMechanism (Skill component)

3.2.5 The American Convention on HumanRights (Skill component)

3.3 The African System of Human and People’sRights

3.3.1 The Organization of African Unity (Theory component)

3.3.2 AfricanUnion (Theory component)

3.3.3African Charter on Human and People’sRights (Theory +Skill component)

Theory & Skill component: Role of European Convention, European Court of Human
Rights, OAU Charter, Inter-American Convention, African Charter in protection of human
rights.

Takeaways:

 To critically appreciate the effectiveness of regional regime for protection of human


rights when compared with the international regime under the aegis of United Nations
structure.
 To analyze the nature of variations in human rights protection from region to region
under the respective regional mechanisms.

Number of Hours: 17 hrs

605 | P a g e
Module 4: Human Rights and Humanitarian Intervention

The course seeks to understand the inter-relationship between human rights regime and
humanitarian intervention for maintenance of peace and security.

Sub-Modules
4.1 Use of Force in internationalRelation (Theory component)

4.2 HumanitarianIntervention (Skill component)

4.3 Responsibility toProtect (Theory component)

4.4 War against Terrorism and Human rights (Skill component)

Theory & Skill components: Humanitarian Intervention, War against Terrorism and Human
Rights.

Course takeaways:
 To understand the changing dynamics of the principles of state sovereignty and
domestic jurisdiction in light of emerging human rights norms
 To analyse the enforcement of humanitarian intervention and ‘responsibility to
protect’ mechanisms in real world situations.

Number of Hours: 9 hrs

Module 5: Human Rights and Development

This module seeks to understand and analyze the conceptualizations of right to


development and its correlation with liability of multinational corporations

Sub-Modules:

5.1 Right to Development and HumanRight (Theory component)

5.2 Liability of Multilateral Corporations for Human RightsViolation (Skill component)

Theory & Skill components: Liability of Multilateral Corporation in violating human


rights.
Course Takeaways:

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To critically assess the appropriation of the right to development in context of massive
human rights violations by multilateral corporation and other connected stakeholders.

Number of Hours: 9 hrs

CASE REFERENCES:

1. Case Concerning Barcelona Traction, Light, and Power Co., Ltd (Belgium v. Spain)
[1970] ICJ 1
2. East Timor (Portugal v. Australia) [1995] ICJ Rep 90
3. Military and Paramilitary Jurisdiction in Nicaragua ICJ Reports 1986, p.108.
4. Tyrer v. United Kingdom [1978] ECHR 2
5. Marckx v. Belgium Application no. 6833/74, Council of Europe: European Court of
Human Rights, 13 June 1979, available at:
https://www.refworld.org/cases,ECHR,3ae6b7014.html [accessed 19 June 2021]
6. Dudgeon v United Kingdom [1981] ECHR 5
7. Demir and Baykara v. Turkey [2008] ECHR 1345
8. Sheffield and Horsham v United Kingdom [1998] ECHR 69
9. Goodwin v. United Kingdom [1996] ECHR 16
10. EB v. France (application no. 43546/02)

Case Studies
1. United Nations Security Council Intervention in Iraq
2. United Nations Security Council Intervention in Bosnia-Herzegovina
3. United Nations Security Council Intervention in Rwanda
4. United Nations Security Council Intervention in Libya

TEXT BOOKS:
1. Shaw, M.N., 2005.InternationalLaw. 5th ed. New Delhi: Cambridge
University Press.
2. Goodman, Ryan, Henry J Steiner, and Philip Alston. 2007. International Human
Rights in Context, 3rd edition.
3. A.H.Robertson and J.G.Merills, 2005. HUMAN RIGHTS IN THE WORLD: AN
INTRODUCTION TO THE STUDY OF THE INTERNATIONAL PROTECTION OF
HUMAN RIGHTS. 4th ed. New Delhi : Universal Law Publishing Co. Pvt. Ltd.

REFERENCES:
1. Shelton Dinah, 2013. International Human Rights Law. New York: Oxford
University Press.
2. Nowak Manfred,2003. Introduction to the International Human RightsRegime.
Leiden: Martinius NijhoffPublishers.

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4. Upendra Baxi: The Future of Human Rights (Third Edition). (New Delhi:
Oxford University Press India 2012).
5. Dinah Shelton, The Oxford Handbook of International Human Rights Law (Oxford
University Press 2013)
6. Olivier De Schutter, International Human Rights Law: Cases, Materials,
Commentary, 3rd edition Cambridge University Press 2019.

ARTICLES
1. Thomas Buergenthal, 1997. The Normative and Institutional Evolution of
International Human Rights. Human Rights Quaterly, 19(4).
2. Stephen P. Marks, “The United Nations and Human Rights” , Harvard University,
Available at: https://cdn1.sph.harvard.edu/wp-
content/uploads/sites/134/2017/02/Marks-The-United-Nations-and-Human-Rights.pdf
3. Wouters, Jan, et al. A Comparative Study of EU and US Approaches to Human Rights
in External Relations. European Parliament, 2014. Open WorldCat,
http://bookshop.europa.eu/uri?target=EUB:NOTICE:QA0114789:EN:HTML pp 56-88
4. Sengupta, Arjun. “Right to Development as a Human Right.” Economic and Political
Weekly, vol. 36, no. 27, 2001, pp. 2527–2536. JSTOR, www.jstor.org/stable/4410829.
Accessed 24 Jan. 2021

ADVANCED READING:
1. Shave Lea, 2010. The Inter American Human Rights System – An Effective institution
for Human Rights Protection? Washington University Global Studies Law Review, 9(4)
2. BENJAMIN V. COHEN, Human Rights Under the Charter. Available at :
http://scholarship.law.duke.edu/lcp/vol14/iss3/4/
3. Ruth Gavison, On the Relationship between civil Political Rights and Economic Social
Rights.
4. Charles Anthony Smith Globalizing Human Rights: Emerging Issues and Approaches
1st Edition, Routledge 2014
5. Amartya Sen, Development as Freedom, New York: Alfred Knopf1999
6. Jack Donnelly’s Universal Human Rights in Theory and Practice (3rd Ed., 2013)
7. William Easterly, Tyranny of Experts, Economists, Dictators, and the Forgotten Rights
of the Poor, 7th Ed, 2015.

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SKILL COMPONENTS:

Module 1 Application of principles in shaping scope and


nature of international human rights

Module 2 Human Rights Treaties and


MonitoringMechanism

Module 2 Charter Based Organs andMechanism

Module 2 U.N SpecializedAgencies

Module 3 The European Convention of HumanRights

Module 3 The European Court of HumanRights

Module 3 The Charter BasedMechanism (Skill


component)

Module 3 The American Convention on HumanRights

Module 3 African Charter on Human and People’s


Rights

Module 4 HumanitarianIntervention

Module 4 War against Terrorism and Human rights

Module 5 Liability of Multilateral Corporations for


Human RightsViolation

RESOURCE PERSONS (tentative):


National
1. Prof. DR. H.K. NAGARAJA, NLSIU
Email Id: nagaraja@nls.ac.in
2. Prof. (Dr.) BS Chimni Distinguish Professor of International Law Member, Law School
of Doctoral Committee, Jindal Global Law School
Email: bschimni@mail.jnu.ac.in
3. Senior Adv. Vrinda Grover, Advocate, Supreme Court
Email: vrindagrover@gmail.com

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International
1. Sarah Knuckey, Faculty co-director of the Human Rights Institute, Director of the
Human Rights Clinic, Institute of the Study of Human Rights, Columbia University
Email: sarah.knuckey@law.columbia.edu
2. Marco Sassoli, Professor of International Law, University of Geneva
Email: Marco.Sassoli@unige.ch

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8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4614 Media and the Law ,(Hons. Paper-2)

(Sem. 08/Paper-15)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course description:

This Course will equip students with understanding of the historical background,
constitutional and statutory framework, policy aspects of the interface between media and the
law.

COURSE OBJECTIVES

1. To acquaint students with historical background on media & law during Colonial rule
in India & how it shaped perspectives of Indian law makers to give a new shape to it
in post-independent India.
2. To help students understand the constitutional framework in which laws relating to
media operate.
3. To develop an understanding of the interface of media with the statutory and
regulatory framework.
4. To facilitate an understanding of the politics behind such legal framework and the
emerging public policies concerning this field.

Outcomes of the course:

1. Students will learn about their legal rights and obligations. The course will educate
students on how to publish information without violating defamation and invasion of
privacy, how to gather information to avoid legal and/or ethical trouble and how to
deal with subpoenas.
2. We will also examine how to navigate the digital space of contemporary journalism
and focusing on Fair Use, and other laws, policies and best practices in the use of
photographs, trademarks, film clips and other copyrighted works.
3. This is a rapidly changing and complex legal environment for journalists, publicists
and other creative entrepreneurs. This is not a course to prepare you to practice law
but how to see the fuzzy and the bright lines and when to call on legal help.
4. Our goal is to keep you and your employer out of trouble. In addition, in an ever
evolving fast and competitive digital space, the course also will explore the

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temptations of sloppy and unethical practices, and the consequences of giving into
those temptations.
5. We will explore the impact of the internet on the practice of journalism and other
creative fields and how new communications technologies are regulated today.
Overall, this course will aim to give students the essential legal framework of their
rights and responsibilities as lawyers. Come prepared to think, discuss and participate.

TEACHING LEARNING METHODOLOGY

The Course will be taught by a combination of lectures, seminars, practical examples


using case law, discussions and consultation with the teacher over the period for six hours a
week including tutorial. Class discussion consists of material that is additional and different
from the reading. Therefore, it is expected that students come to class being familiar with all
the assigned topics.

We are happy to meet with students outside of class as needed. If you would like to speak
with us outside of class, please feel free to stop by our office, telephone us or send us an
email to schedule a meeting. Please note that the list of leading cases is not exhaustive, and
cases not mentioned in the syllabus will be eventually uploaded and discussed in the class.
Students are expected to attend the lectures regularly and actively participate in the
discussions. They are expected to read the portions from the text books and come to the
class. Necessary reading materials will be provided to the students on the subject to the
maximum possible extent. No doubts should be left un-clarified and the teacher should be
consulted for that purpose. All students are expected to bring the bare act every day in the
class.

Evaluation System

The performance of the students will be assessed on the basis of 100 marks. The 100 mark is
divided into 50 marks for the Internal Assessment and 50 marks for the End Semester
Examination. Out of 50 marks 30 marks are allotted for writing and presenting a Research
Article for about 10 to 15 pages in the format of Harvard Law Review or Journal of Indian
Law Institute. The remaining 20 marks for mid-semester examination. The question for End
Semester Examination will be of long answers, problems and short notes.

SYLLABUS/COURSE DETAILS

MODULE-1: MEDIA & THE LAW IN INDIA: HISTORICAL BACKGROUND

Object: To provide the basic knowledge about the evolution of Media Rights in India

Module Outcome: Students would understand the history of media which is very
important to understand the later developments.

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1.1 History of Mass Media in India
1.2 Media Legislation during the British Period
The Bengal Gazette, 1780
Munro Reforms and the Press, 1822
The vernacular Press Act, 1878
The press and freedom Struggle
The Indian Press Act, 1910
Press Laws in Independent India
1.3 Experiences of Media in the US
1.4 Development of Press freedom in the UK

MODULE-2: MEDIA & THE CONSTITUTIONAL FRAMEWORK

Object: To provide deep knowledge about the Rights of the Media under the Indian
Constitution

Module outcome: Students will get knowledge about the Constitutional developments of
Media Rights

2.1 Freedom of Expression in Indian Constitution


2.2 Media During Emergency
2.3 Interpretation of Media freedom
2.4 Issues of Privacy, Media & the Law
2.5 Right to Information Act, 2005 to New Amendment in 2019
2.6 Case studies on Media and Free expression

Cases:

Ramesh Thaper vs. State of Madras AIR 1950 SC 124

Express News Papers (P) Ltd vs Union of India AIR 1958 SC 578

Sakal Papers Pvt. Ltd vs. Union of India AIR 1962 SC 305

Tata Press Ltd vs. MTNL AIR 1995 SC 2438

MODULE-3: MEDIA & THE LEGAL FRAMEWORK

OBJECT: To make the student understand the existing legal frame work in India

Module outcome: Students will get a better understanding about the policy and
framework

3.1 Media & Criminal Law (Defamation / Obscenity/Sedition)


3.2 Media & Tort Law (Defamation & Negligence)
3.3 Media & Legislature – Privileges of the Legislature

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3.4 Media & Judiciary (Contempt of Courts Act, 1971 & the amendments)
3.5 Media & Executive (The Official Secrets Act, 1923 & the amendments)

Cases:

Ranjit.D.Udeshi vs. State of Maharasthra AIR 1965 SC 881

S.Khushboo vs. Kanniammal AIR 2010 SC 3196

R vs Hicklin (1868)LR 3 QB 360

MODULE-4: MEDIA AND THE REGULATORY AUTHORITIES IN INDIA

OBJECT: To make the student understand the existing regulatory authority in India

Module outcome: Students will get a better understanding about the functions and
powers of the regulatory authorities

4.1 Media & the Regulatory Authorities


4.2 Self-Regulation Vs. Legal regulation
4.3 Indecent Representation(Prohibition) Act, 1986
4.4 Autonomy to Doordarshan: Prasar Bharti Act,1990
4.5 The Cinematograph Act, 1952
4.6 Information Technology Act of 2000
4.7 The Telecom Regulatory Authority of India,1997

Cases:

KA Abbas vs. Union of India AIR 1971 SC 481

LIC vs. Manubhai.D.Shah AIR 1991 SC 171

Sahara India Real Estate Corpn Ltd vs. SEBI AIR 2012 SC 3829

Ratan N Tata vs. Union of India (2013)

MODULE-5: MEDIA: POLITICS, PUBLIC POLICY & RELATED ISSUES

OBJECT: To make the student understand the socio political developments and the role
of media in India

Module outcome: Students will get a better understanding about the politics and the
policy

5.1 Media and Ethics


5.2 Regulating the New Media & Internet
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5.3 Social Media and new IT Rules
5.4 Issues of Consumer Protection
5.5 Paid News; Issues of TRP
5.6 Sting operations
5.7 Exit polls

Cases:

Vodaphone International Holdings BV vs. Union of India (2012) 6 SCC 613

Skill Component of the paper

1. Writing writ petitions


2. Writing complaints to different regulatory bodies
3. Preparing arguments
4. Writing PILs
5. Research writing
6. Legal reporting/ Legal Journalism

READINGS

1) Madhavi Goradia Divan (2006), Facets of Media Law Eastern Book Company
2) Marshall Mc McLuhan (2005), Understanding Media, 2nd Edn, Routledge Publishers

3) D.D.Basu Law of the Press, 5th Edn.,Lexis Nexis, Butterworths Wadhwa 2010
4) Paranjoy Guha Thakurta (2011), Media Ethics, 2e, Oxford University Press

REFERENCES

1) Adrian Athique (2012), Indian Media, John Wiley & Sons


2) Angharad N. Valdivia (2006), A Companion to Media Studies, Blackwell
Publishing Professional
3) Arun Bhattacharjee-Indian Press: Profession in Industry (Vikas Publishsing
House)
4) B. Manna (2006), Mass Media and Related Laws In India, 2nd Ed., Academic
Publishers
5) B.Kuppuswamy-Social Change in India (Vani Publications/Publishers).
6) Black & Jennings-Introduction to Mass Communication (W.C. Brown.
7) CAD, Vol VII page 980 (Dr. B.R. Ambedkar’s view).
8) Crone Tom (2002), Law And The Media, 4th Edition, Focal Press

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9) Daniel Learner-The Passing of Traditional Society (Free Press).
10) David Lemmings, Claire Walker (2009), Moral Panics, the Media and the Law in
Early Modern England, Palgrave MacMillan
11) Dennis Macquail-Mass Communication Theories: An Introduction (SAGE).
12) Herbert Lee Williams, Newspaper Organization and Management, 5th Edn., pg
347.
13) J.S.Yadav-Communication in India (Academic Press).
14) M.N. Srinivas-Social Change in Modern India (Orient Longman)
15) P.C.Chatterjee-Broadcasting in India (SAGE).
16) Raminder Kaur & William Mazzarella (Ed.)(2009) Censorship in South Asia:
Cultural Regulation from Sedition to Seduction, Indiana University Press
17) S. Macbride-Many Voices, One World (Oxford IBH Publishing).
18) S.Ghosh-Mass Media Today in the Indian Context (Profile Publishers).
19) Schramm & Roberts-The Process and Effects of Mass Communication
(University of Illinois).

List of Resource Persons:

International:

Prof. Joseph A. Russomanno, Professor, School of Journalism and Mass Communication,


Arizona State University, Tempe, Arizona.

russo@asu.edu; (602) 496-6602

Prof. Adam Candeub, Professor of Law, Michigan State University, East Lansing, Michigan

candeub@law.msu.edu

(517) 432-6906
Prof. Micheal Deturbide, Professor of Law, Dalhousie University, Halifax, Nova Scottia.

Michael.deturbide@dal.ca

(902) 494-1041
National:

Ms. Madhu Goradia, Advocate, Naik and Naik Company

+91 2240680200/+91 22 22854657

Mr. Anand Desai, Managing Partner, DSK Legal

Prof. Faizan Mustafa, VC Nalsar University

Prof. A. Lakshminath, VC Chanakya National Law University.

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8th SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 4914: Corporate Tax Planning and Management

(Hons. Paper-2)

(Sem. 08/Paper-16)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:

Corporate tax planning is a specific and specialized area where the students may
acquire knowledge on the subject and it is very interesting to know how the corporate
assesses plan to utilize various provision as provided in the Income Tax Act 1961
with an objective to minimize their tax liability. The students and practitioners in this
field have to keep themselves updated with Finance Act applicable for respective
financial year. The present 4-credit course aims to give an idea on various approaches
of tax planning and ways to minimize the tax liability within the legal framework

Learning Objectives:

After completion of the course, a learner can have following takeaways:

i. An overview of the Corporate Tax Planning, Tax Avoidance& Tax Evasion


ii. Process of determining the residential status of a Company
iii. Process to determining the total income and tax liability of a company
iv. Process to determining the dividend tax and tax on such income
v. Able to assist the corporate assessee in tax planning

Teaching Methods:

The Course will be taught by a combination of lectures, seminars, practical examples


using problem solving, case law, discussions, project work, and project presentations.
In addition to readings, case laws, and notes in the text, materials from the web shall
be employed to provide one with source documents and commentaries concerning the
development and articulation of the principles underlying the study of corporate tax
planning and management.

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MODULE I: BASIC CONCEPTS OF CORPORATE TAXATION

This module has been designed with the motive to inform the students about the basic
concepts of corporate tax, planning and management, its components and the
meaning of important termsused. It also discuss about the minimum alternate tax
levied onCompanies. The module consists of the following sub-topics
1.1 Concepts & Objectives, Tax Planning and Corporate Planning
1.2 Different types of Company
1.3 Residential status & Incidence of Tax for Corporate Assessee
1.4 Taxation of Company-Computation of tax liability-Minimum Alternate Tax
1.5 Related Problems
Course Takeaway:

Student will be able to:

 Compute the book profit of a company and Minimum Alternative Tax (MAT)
payable
 Determine the MAT credit to be carried forward.
 Examine the applicability of MAT provision in case of a foreign company
 Determine the tax liability of a company
Number Of Hours: 14

MODULE II PROFITS AND GAINS OF BUSINESS OR PROFESSION

This module has been designed with the motive to identify the income which are
chargeable to tax under the head “Profits and gains of businessorprofession” and
identify the admissible/ inadmissible deductions. The module consists of the
following sub-topics:
2.1 Introduction and Basis of Charge
2.2 Depreciation of Capital Assets
2.3 Deductions under section 30 to 44DB
2.4 Computation of Profit and Gain of Business or Profession
2.5 Related Problems
Course Takeaway:

Student will be able to:

 Examine whether a particular income would be chargeable to tax under the head
“Profits and gains of business or profession” by analysing the provisions of
section 28
 Analyse and apply the provisions of sections 30 to 37 to determine whether any
particular expenditure/payment would be admissible as deduction while
computing income under this head analyse and apply the conditions contained
under sections 40 & 40A to determine whether a particular expenditure/ payment

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would be admissible/ inadmissible as deduction while computing income under
this head
 Analyse and apply the provisions of section 43B to allow/ disallow expenditures
specified therein, in respect of which deduction is admissible only on actual
payment
 Examine when certain receipts are deemed as income chargeable to tax under this
head
Number Of Hours: 15

MODULE III: DIVIDEND TAX AND TAX PLANNING


This module has been designed with the motive to identify the dividend income
issued on shares and securities and how it is chargeable to tax in the hand of the
payer and payee. The module consists of the following sub-topics:
3.1 Introduction
3.2 Dividend Tax-Types of dividend
3.3 Calculation of Dividend Income and tax liability
3.4 Tax Planning-Location of business, Nature of business, Forms of business,
Managerial decision, Business Restructuring, Foreign Collaboration
3.5 Related Problems
Course takeaway:

Student will be able to:

 Compute the tax payable by a company and mutual fund on dividend/income


distributed
 Able to assist the assessee in tax planning based on location of business, nature
of business, forms of business, managerial decision, business restructuring &
foreign collaboration
Number Of Hours: 14

MODULE IV: DOUBLE TAXATION RELIEF AND TRANSFER PRICING


This module has been designed with the motive to identify the cases relating to
double taxation and transfer pricing. The module consists of the following sub-
topics:
4.1 Introduction
4.2 Double Taxation Relief
4.3Transfer Pricing and Cross Border Taxation
4.4 Advance Payment-Concepts and Problems
4.5 Voluntary Return of Income
4.6 Related Problems
Course Takeaway:
Student will be able to:

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 appreciate the need for incorporation of transfer pricing provisions in the Income
Tax Act
 appreciate the meaning and significance of the term “associated enterprise”,
“international transaction” and “specified domestic transaction”
 guide the assessee on the matters relating to double taxation, tax imlication on
cross border transactions, especially to multinational corporate bodies
Number Of Hours: 15

MODULE V: TAX PROCEDURE AND MANAGEMENT


This module has been designed with the motive to about the tax procedure and
management, such as tax to be deducted by the company, procedure of assessment,
refund of tax paid etc. The module consists of the following sub-topics:
5.1 Tax Deduction at Source in different cases
5.2 Procedure of Assessment, Appeal and Revision
5.3 Search, Seizure and Assessment
5.4 Refund Procedure
5.5 Related Problems
Course Takeaway:
Student will be able to:
 Appreciate the need for incorporation of TDS provisions in the Income Tax Act
 Examine when TDS to be deducted and when not
 Assist the assessee in relation to assessment of return
 Compute the amount of refund available to the assessee
Number Of Hours: 14

CASE REFERENCE

i. CIT v. Echjay Forgings (P) Ltd. (2001) 251 ITR 15 (Bom.)


ii. CIT v. Veekaylal Investment Co. P. Ltd. (2001) 249 ITR 597 (Bom.)
iii. NJJoseandCo.(P)Ltd.v.ACIT(2010)321ITR132(Ker.)
iv. CIT v. Mother India Refrigeration (P.) Ltd. [1985] 23 Taxman 8
v. Taparia Tools Ltd. v. JCIT (2015) 372 ITR 605
vi. CITv.McDowell&CoLtd(2009)314ITR167(SC)
vii. CIT v. Gujarat Guardian Ltd (2009) 177 Taxman 434
viii. CIT v. Insilco Ltd (2010) 320ITR 322
ix. CIT v. Darbhanga Sugar Co. Ltd. [1956] 29 ITR 21(Pat)
x. Mysore Minerals Ltd v. CIT (1999) 239 ITR 775

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xi. CIT v. J & K Tourism Development Corporation (2001) 114 Taxman 734(J&K)
xii. Sultan Brothers Pvt Ltd. v. CIT [1964] 51 ITR 353(SC)
xiii. Chennai Properties and Investments Ltd. v. CIT (2015) 373 ITR 673
xiv. Rayala Corporation (P) Ltd. v. Asst. CIT (2016) 386 ITR 500
xv. Berger Paints India Ltd v. CIT [2017] 393 ITR 113 (SC)
xvi. CIT v. K and Co. (2014) 364 ITR 93 (Del)
xvii. I.C.D.S. Ltd. v. CIT (2013) 350 ITR 527 (SC)
xviii. CIT v. BSES Yamuna Powers Ltd (2013) 358 ITR 47 (Delhi)
xix. Areva T and D India Ltd. v. DCIT (2012) 345 ITR 421 (Delhi)
xx. CIT v. Smifs Securities Ltd. (2012) 348 ITR 302 (SC)
xxi. CIT v. P.V.A.L. Kulandagan Chettiar (2004) 267 ITR 654 (SC)
xxii. Union of India v. UAE Exchange Center (2020) 425 ITR 30
xxiii.DIT (International Taxation) v. Samsung Heavy Industries Ltd. (2020) 426 ITR 1 (SC)

xxiv.CIT v. P.V.A.L. Kulandagan Chettiar (2004) 267 ITR 654

xxv.CIT v. Dr. R.N. Jhanji (1990) 185 ITR 586 (Raj.)

BOOKS

i. DirectTaxLawandPracticebyDr.VinodSinghaniaandDr.KapilSinghania(TaxmannPublicat
ion)
ii. Income TaxbybyDr.VinodSinghaniaandDr.MonicaSinghania(TaxmannPublication)
iii. Corporate Tax Planning & Business Tax Procedures by MonicaSinghania and
VinodSinghania (Taxmann)

ARTICLES

i. C. S. Agnes Cheng, Peng Guo, Rutgers, Chia-Hsiang Weng, Qiang Wu, ‘Innovation and
Corporate Tax Planning: The Distinct Effects of Patents and R&D’, Contemporary
Accounting Research Vol. 38 No. 1, 2021, pp. 621–653
ii. MaggieCooper, Quyen T.K.Nguyen, ‘Multinational enterprises and corporate tax
planning: A review of literature and suggestions for a future research agenda’,
InternationalBusiness ReviewVolume 29, Issue 3, 2020
iii. Tye Wei Ling, Nor Shaipah Abdul Wahab, Collins G. Ntim. ‘Components of book tax
differences, corporate social responsibility and equity value’, Cogent Business &
Management 6(1), 2019
iv. Nik Mohd Norfadzilah Nik Mohd Rashid1, Rohaya Md Noor1, Norʼ Azam Mastuki1 and
Barjoyai Bardai, ‘Longitudinal Study of Corporate Tax Planning: Analysis on

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Companies’ Tax Expense and Financial Ratios’, Pertanika J. Soc. Sci. & Hum. 23 (S):
109 – 120, 2015
v. Mahfoudh Hussein Mgammal, Ku Nor Izah Ku Ismail, ‘Corporate Tax Planning
Activities: Overview of Concepts, Theories, Restrictions, Motivations and Approaches’,
Mediterranean Journal of Social Sciences, Vol 6 No 6 S4, 2015
BOOKS FOR ADVANCED READING

i. Direct TaxesReadyReckonerbyVinod KSinghania(TaxmannPublication)


ii. TaxControversiesUnderIncomeTax ActbyKaushikDShah(TaxmannPublication)
iii. Direct Tax Laws by Ahuja & Gupta and Wolters Kluwer.

SKILL COMPONENTS

MODULES SKILL COMPONENTS

MODULE 1: BASIC CONCEPTS OF Practical problems relating to residential


CORPORATE TAXATION status and MAT

MODULE 2: PROFITS AND GAINS OF


BUSINESS OR PROFESSION Practical problems relating to income under
the head ‘profit and gain of business and
profession’ and showing Students Some Real
Life Examples of ITR3

MODULE 3: DIVIDEND TAX AND TAX Practical difficulties faced by the corporate
PLANNING assessee in computing the tax liable and TDS
on issue of dividend

MODULE 4: DOUBLE TAXATION Practical case studies relating to cross border


RELIEF AND TRANSFER PRICING transactions and its implication on tax
planning

MODULE 5: TAX PROCEDURE AND Real life examples of assessment of corporate


MANAGEMENT entities.

Process of filling ITR 6 and ITR 7

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5081: ALTERNATIVE DISPUTE RESOLUTION (Clinical Paper)
(Sem. 09/Paper-1)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION:

The primary goals of this course are to introduce students to the principal alternative dispute
resolution processes and to help prepare students to use such processes to advance the
interests of clients.

LEARNING OBJECTIVES:

1. To expand students’ vision of the possible purposes and forms of alternative dispute
resolution;
2. To understand the roles and limitations of litigation from the prospective of ADR;
3. In depth explorations and understanding of arbitration and mediation and conciliation
and other ADR processes.
4. Developing practical skill sets through live exercises based on problems formulated
by the subject teacher.
5. Making students ready for practice ADR maters through hypothetical cases (based on
ongoing/recently decided) cases and simulation exercises reflecting the realities of the
actual ADR processes.
6. Imparting the knowledge and skill sets through the discussions of issues related to
ethics and confidentiality.

TEACHING METHOD: The method to achieve these goals will be the on the basis of class
discussions and case study (anatomical and physiological) of various disputes and
supplemented with journal articles and, discussions in the class.
MODULE 1: INTRODUCTION TO ALTERNATE DISPUTE RESOLUTION

Introduction to the Module:The module will cover a detailed examination of the theories of
ADR methods in the context of an adversarial legal system, to develop an understanding of
the operation and implications of various ADR theories and practices and to assess their
value.

1.1. Objectives of ADR

1.2. Overview of Different Kinds of ADR-Negotiation, Mediation, Conciliation,


Arbitration and Lok Adalat

1.3. Important judicial precedents in ADR

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Theory And Skill Component: Students will acquire basic understanding for developing
critical analysis skills in basic concepts ADR like Negotiation, Mediation, Conciliation,
Arbitration and Lok Adalat.
Course Takeaways: Students have to prepare a presentation on selected topic of her choice
from the module.
Number Of Hours: 12 Hours

MODULE 2: MEDIATION

Introduction to the module: This module is designed to impart skills and knowledge needed
to become a mediator. This module will inform and teach the skill sets intended to be
possessed by an efficient mediator.

2.1. Concept of mediation and disputes suitable for mediation; Analyzing the
psychology of parties more than analyzing the law; Ad hoc mediation and institutional
mediation

2.2. Pre-Mediation Stage: Subject Matter of Mediation, Laws and judicial precedents
making reference to mediation; Neutral Meeting Place for Informal & Openness in
Communication among Parties, Testing Reality Perception of Parties, Cooperation in
Problem Analysis, Removal of Misconceptions, Developing Trust and Building
positive relationship between parties

2.3. Mediation Stage: Dispute Assessment, Fact finding in disputes, Impartiality in


resolving differences over facts; Non-involvement of third party, trust enhancement,
privacy and confidentiality

2.4. Post Mediation Stage: Framing of a settlement agreement

2.5. Practical impediments to mediation: Lack of infrastructure, Flat Earth syndrome,


Inconsistency between statutory laws, Attitude and mindset of relevant stakeholders,
drafting issues

2.6. Mock simulations, drafting exercises and classroom discussions

Theory And Skill Component: Students will develop advocacy, research and critical
analysis skills in mediation.
Course Takeaways: Students have to go through one class tests in the form of written tests
and one group exercise.
Number Of Hours: 12 Hours
MODULE 3: ARBITRATION

Introduction to the module: The purpose of the module is to provide in-depth knowledge of
arbitration. Particular emphasis will be put on legal analysis and discussion of issues within

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central themes, such as the framework of arbitration, the arbitration agreement, the
arbitrators, the arbitration proceedings, the award, and the state as part to the proceedings.

3.1. Conceptual and practical differences between mediation and arbitration as ADR
tools

3.2. Expanding scope of arbitration beyond only commercial disputes

3.3. An overview of Arbitration and Conciliation Act, 1996, including the


Amendment Act of 2015 and the Amendment Bill of 2018 & the Amendment Act of
2019

3.4. Kinds of Arbitration: Domestic and International; Ad hoc and Institutional

3.5. Relevant Judicial Precedents

3.6. Pre-Arbitration Stage: Focus on Party Autonomy, Selection of Forum, Choice of


Law, Rules of the Arbitral Tribunal, Sending notice to the disputing party

3.7. Arbitration Stage: Presentation of statement of claims, notices, appearances,


proceeding fees, evaluation of evidence

3.8. Post Arbitration Stage: Binding Awards, Enforcement as decrees

3.9. Practical impediments: Drafting errors, for instance reliance on boilerplate


clauses, Judicial inconsistencies, Lack of growth of institutional arbitration in India

Theory And Skill Component: Students will develop advocacy, research and critical
analysis skills in arbitration.
Course Takeaways: Students have to go through one class tests in the form of written tests
and one group exercise.
Number Of Hours: 12 Hours

MODULE 4: CONCILIATION

Introduction to the module: This module aims to provide strong theoretical and practical
knowledge of the key principles of conciliation. The module will also focus on the
framework and structure of the conciliation process as well as on the main characteristics of
the conciliator.

4.1. Conceptual and practical differences between arbitration and conciliation

4.2. Statutory references and judicial precedents on conciliation

4.3. Pre conciliation stage: Importance of venue and surroundings, Developing trust,
Testing Reality Perception of Parties, Cooperation in Problem Analysis, Removal of
Misconceptions, Building positive relationship between parties

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4.4. Conciliation stage: Smooth conduct of proceedings, Presentation of statement of
claims, notices, appearances, proceeding fees, evaluation of evidence

4.5. Post Conciliation stage: Binding settlement agreement

Theory And Skill Component: Students will develop advocacy, research and critical
analysis skills in conciliation.
Course Takeaways: Students have to go through one class tests in the form of written tests.
Number Of Hours: 12 Hours

MODULE 5: NEGOTIATION

Introduction to the module: Through this module, the students will learn and practice the
strategies and skills that will help you become a successful negotiator in your personal life
and business transactions. After completing this module, learners will be able to state the four
key stages of negotiation and what you need to do successfully complete this course.

5.1. Concept of negotiation

5.2. Disputes suitable for negotiation

5.3. Contingencies in the event of failure of negotiation: Best Alternative to


Negotiated Agreement (BATNA) and Worst Alternative to Negotiated Agreement
(WATNA)

5.4. Mock simulations, drafting exercises and class discussions

Theory And Skill Component: Students will develop advocacy, research and critical
analysis skills in negotiation.
Course Takeaways: Students have to go through one class tests in the form of written tests
and one group exercise.
Number Of Hours: 12 Hours

MODULE 6: LOK ADALATS

Introduction to the Module: The objective of this module is to familiarize the students with
Lok Adalat as an ADR. The module will discuss the circumstances as to when a dispute is to
be referred to Lok Adalat and also discussion will extend to the legal basis of Lok Adalat.

6.1. Statutory recognition of Lok Adalat

6.2. Disputes fit for Lok Adalat

6.3. Judicial recognition of Lok Adalat

Theory And Skill Component: Students will acquire basic understanding and develop
critical analysis in issues of LOK ADALATS

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Course Takeaways: Students have to go for group discussion on the topics selected by
students and teacher from the above module.
Number Of Hours: 12 Hours

LEADING CASES/ CASE LAW STUDY:

1. Dalmia Dairy Industries Ltd. v. National Bank of Pakistan, [1978]

2. Lloyd’s Rep. 223 ¾ Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd., (2005) 7
SCC 234

3. Renu Sagar Power Co v General Electric Co. [1984 (4) SCC 679 ]

4. Harbour vs. Kansa (1993) 3 All ER 897

5. Star Shipping vs. China National Foreign Trade (1993) Lloyd’s Rep 445

6. N T P C v. The Singer Company, AIR 1993 SC 998

7. Union of India vs. McDonnell Douglas Corp. (1993) 2 Llyod’s Rep 48

8. Citation Infowares Ltd. vs. Equinox Corp.(2009) 7 SCC 220

9. SBP & Co v. Patel Engineering Ltd. (2005) 8 SCC 618

10. Channel Tunnel Group Ltd. vs. Balfour Beatty Construction Ltd.(1993) AC 334

TEXT BOOKS:
1. Mediation Practice & Law: The Path to Successful Dispute Resolution (Author:
Sriram Panchu)
2. Mediation Training Manual of India (Authors: Mediation and Conciliation Project
Committee, Supreme Court of India)
3. Getting to Yes: How to Negotiate Agreement Without Giving In (Authors: Roger
Fisher, William Ury and Bruce Patton)

REFERENCE BOOKS:
1. The Art of Negotiation and Mediation - A Wishbone, Funnybone and a
Backbone(Authors: Anuroop Omkar and Kritika Krishnamurthy)
2. An Asian Perspective on Mediation (Authors: Joel Lee and The Hwee Hwee)
3. The Mediation Process: Practical Strategies for Resolving Conflict (Author:
Christopher Moore)
4. Introduction to Non-Violence (Author: Ramin Jahanbegloo)
5. Jan Paulsson, The Idea of Arbitation, Oxford Publication, 2013.
6. Indu Malhotra, O.P. Malhotra on The Law and Practice of Arbitration and
Conciliation, 3rd Edition, Thomson Reuters Publication, 2014.

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RESEARCHED ARTICLES REFERENCE: (3-4)
1. Edwards, H. T. (1985). Alternative dispute resolution: Panacea or anathema. Harv. L.
Rev., 99, 668.
2. Hensler, D. R. (2003). Our courts, ourselves: how the alternative dispute resolution
movement is re-shaping our legal system. Penn St. L. Rev., 108, 165.
3. Carver, T. B., & Vondra, A. A. (1994). Alternative dispute resolution: Why it doesn't
work and why it does. Harvard Business Review, 72, 120-120.

BOOKS FOR ADVANCED READING:


1. Ronald Bernstein, Bernstein, Handbook of Arbitration and Dispute Resolution
Practice, Volume 1, Sweet &amp; Maxwell, 2003
2. Larry E. Edmonson, Domke on commercial arbitration, Thomson Reuters Publication,
2014.
3. Horacio Grigera Naon, Paul E. Mason, International Commercial Arbitration Practice:
21st Century Perspectives, publisher- LexisNexis,2013.

Modules Skill Components


MODULE 1: INTRODUCTION
TO ALTERNATE DISPUTE Students will develop critical analysis skills in
RESOLUTION concepts of ADR like Negotiation, Mediation,
Conciliation, Arbitration and Lok Adalat.

MODULE 2: MEDIATION
Students will develop advocacy, research and critical
analysis skills in mediation.
MODULE 3: ARBITRATION Students will develop advocacy, research and critical
analysis skills in arbitration.
MODULE 4: CONCILIATION Students will develop advocacy, research and critical
analysis skills in conciliation.
MODULE 5: NEGOTIATION Students will develop advocacy, research and critical
analysis skills in negotiation.
MODULE 6: LOK ADALATS Students will acquire basic understanding and develop
advocacy, research and critical analysis skills in issues
of LOK ADALATS
RESOURCE PERSONS:

1. Prof.Surya Prakash Samidala (VC,Vizag), M: 9893338967


2. Prof.Joga Ram, Email: r.kasibhatla@nic.in/rjogorao@yahoo.c, M: 9968962748
3. Dr. Risham Garg National Law University Delhi
4. Mr. Daniel Mathew - National Law University Delhi
5. Mr. Nitish Jain, Partner, Shardul Amarchand Mangaldas
6. Mr. Sitesh Mukherjee, Partner, Trilegal

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
[LW5013]- Labour Law and Industrial Law II ( Semester- IX/ paper- 2 )
Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION

This course is to draw attention of the students about the changing dimension of Labour Law
while keeping with its conceptual framework. The course has been designed to generate
understanding amongst the students about the objectives of the labour legislations and enable
them to critically examine the development and changes that have taken place in this area
from time to time. The course as such, introduces the students to the major changes reflected
in the history of Labour laws with a specific focus on areas such as health, safety, security
and majors retirement benefits among others.

(The Syllabus Will be Applicable When the New Labour Code will be Implemented)

LEARNING OBJECTIVES

The primary objectives of this course are:

6. To familiarize the students with the conceptual framework of labour Law such from
various dimensions
7. To train students with the provisions relating to Health,Safety and Working Condition
of Workers and Social Security Legislation
8. To make students acquainted with the need for Labour Law Reforms and Code on
Wages ,2019 and its various perspectives in future

9. To examine whether the present legal framework provided by the state is adequate to
meet the challenges of globalization and to keep the students abreast of the latest
developments in the present economic order and discuss critically the resultant
changes that need to be made in industrial relations law for achieving higher
economic growth tempered with social justice.

TEACHING METHODS

4. Teaching would be primarily done by means of Socrates method. There will be few group
works, discussions, project work, and project presentations
5. Readings, case laws and notes in the text, materials from the web shall be employed to
provide one with source documents and commentaries concerning the development and
articulation of the principles underlying the study of Labour Law.
6. Problem oriented studies shall be applied to facilitate interaction. For the same a

629 | P a g e
combination of techniques in the form of be supplemented by class room deliberations,
tutorials and problem solving shall be applied.
Module 1 - Conceptual Framework of Labour law

1.1 Conceptual Framework

1.2 Concept of Social Justice - Working Condition in Organized and Unorganized Sectors

1.3 Concept of State Regulation and Labour Welfare

1.4 Constitution of India and Labour - Constitutional guarantees to impart Justice to weaker
sections, Children and Women

1.5 Recent and Important Judicial Decision regarding Conceptual Framework of Labour Law

Course take away

The issues which will be addressed in the first module would basically deal with
Labour welfare policies and it’s objective provide social justice. The students would
also be able to understand the need of Labour Law and it’s constitutional validity .

Skill Development component- The students would be able to understand the important
judicial decision and practical implication of Labour law

Number of hours- 12 hours

Module 2 - Legislation relating to work- condition and provision of health , safety and
welfare

2.1 Occupational Safety, Health and Working Conditions Code, 2020 - The Factories
Worker,The Mines Worker,Contract Labour ,The Building and other Construction Workers,
Inter-State Migrant Workers, Unorganized Sector Worker, The Beedi and Cigar Workers
2.2 Registration of Establishment.
2.3 Duties of Employer and Employees - Occupational Safety and Health bodies and
conditions of Health, Safety and Working conditions
2.4 Welfare conditions of Establishments.
2.5 Hours of Work and Leave with Wages.
Course take away

The issues which will be addressed in the Second module would basically deal with
Health, Safety and Working conditions. The students would also be able to understand
the welfare mechanism for Labour safety and its Legislative mechanism

Skill Development component- The students would be able to understand the Newly enforce
Labour Code and also gain knowledge about the reforms of labour law.

Number of hours- 12 hours

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Module 3 - Labour Welfare and System of Governance

3.1 Role of Government , Labour Welfare Departments, Worker’s Education

3.2 Labour Law and PIL - Legal Services Programme

3.3 Important and Recent Judicial Decision

3.4 Bonded Labour - Problems of Bonded Labour - Bonded Labour System(Abolition)


Act,1976

3.5 The Child and Adolescent Labour (Prohibition and Regulation) Act , 1986 - Amendments

Course take away

The issues which will be addressed in the Third module would deal with System of
governance. However problems like bonded labour child labour is also incorporated in
the syllabus.

Skill Development component- The students would be able to understand the how the
system of governance working for Labour

Number of hours- 12 hours

Module 4 - Legislation relating to Wage

4.1 Code on Wages,2019- it’s impact on Labour

4.2 Equal Remuneration,Payment of Wages,Payment of Bonus,Minimum Wages

4.3 Advisory Board,Payment of dues, Claims and audit

4.4 Inspector-Cum-Facilitator

4.5 Offence and Penalties

Course take away

The fourth module would deal with Wage related Legislation for Labour. Also New
changes in the wage law made in 2019 is incorporated for better understanding of
students

Skill Development component- The students would be able to understand the wage
mechanism of Labour and it’s impact on their livelihood.

Number of hours- 12 hours

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Module 5 - Law Relating to Social Security against Employment injury and other
Contingencies

5.1 Concept and Development of Social Security measures - Employees liability to


compensate for employment injury

5.2 Concept of ‘Accident arising out of’ and ‘in the course of the employments’

5.3 Doctrine of Notional Extension and Added Peril

5.4 Concept of Total and Partial Disablement - Quantum and Method of Distribution of
Compensation

5.5 Social Security and Legal Protections :

 Maternity Benefit,
 Important and Recent Judicial Decision
Course take away

The fourth module would deal with Social Security Legislation for Labour. Also New
changes in the Social Security law made in 2020 is incorporated for better
understanding of students

Skill Development component- The students would be able to understand the Social
Security mechanism of Labour and it’s impact on their livelihood.

Number of hours- 12 hours

Module 6 - Law Relating to Retirement Benefit

6.1 Family Pension Scheme

6.2 Employee Pension Scheme

6.3 Payment of Gratuity (Concept of Gratuity - Eligible - Determination of Gratuity -


Forfeiture of Gratuity)

6.4 Payment of gratuity

6.5 Important and Recent Judicial Decision

Course take away

The fifth module would deal with Retirement benefit of Labour. The student will
understand the legislative system for labour in their old age.

Skill Development component- The students would be able to understand the Practical
implication of Retirement benefit mechanism for labour.

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Number of hours- 12 hours

CASE REFERENCES

 People’s Union for Democratic Rights and OthersVs.Union of India


&Others (AIR 1982 SC1473)
 Dr. Rachna Chaurasiya vs. State Of U.P. & Ors. (Allahabad H.C, Civil Misc. Writ
Petition No. 24627 of 2017)
 National Campaign Committee for Central Legislation on Construction Labour
(NCC-CL) Vs. Union of India & Ors WITH CONMT. PET. (C) No. 52/2013 in W.P.
(C) No. 318/2006, Supreme Court of India
 National Domestic Workers Welfare Vs. State of Jharkhand and Ors, HIGH COURT
OF JHARKHAND [W.P. (PIL) No. 7032 of 2012] (Decided on Nov, 20, 2014)
 R.B. Moondra And Co. vs Mst. Bhanwari And Anr. on 22 April, 1969 AIR 1970 Raj
111
 Employees' State Insurance Corporation Vs. Venus Alloy Pvt. Ltd.
[Civil Appeal No. 1464 of 2019 arising out of SLP (Civil) No. 12812 of 2015]
 Anand Kumar Bindal vs Employees' State Insurance ... on 5 October, 1956, Allahabad
High Court, AIR 1957 All 136
 Employees State Insurance Corporation & ANR. Vs. Mangalam Publications (I)
Private Limited CIVIL APPEAL NO. 4681 OF 2009[See S.C Judgment on
SEPTEMBER 21, 2017]

TEXT BOOKS (3 BOOKS)

 Johari,C.K : Issues in India Labour Policy


 Saxena, R.C. : Labour Problems and Social Welfare in India
 Barwell and Kar : Law of Service in India , Vol II ( 1956),Service in Industries

REFERENCE BOOKS :( 6 REFERENCE BOOKS )

 Shrivastav , S.C. Social Security and labour Law


 Kothar, G.L. : Wage,Dearness Allowances and Boss
 Kothari ,G.L : Bonus and Profit Sharing
 Indian Law Institute - Labour Law and Labour Relations(1968)
 Fonseca , A.J. : Wage issues in a Developing Economy,1975
 Srivastava,S.C.: Treaties on Social Security

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RESEACHED ARTICLE RFERENCE

 K.R. Shyam Sundar, No Dialogue with Trade Unions, India's Labour Laws Are Now a
Product of Unilateralism, The Wire, 7th June 2020.
 G. Sampath, A Supreme Court judgment poses an old question to India’s labour
movement: how to unionise contract workers, The Hindu, 2016.
 Shukla K, Purohit M, Gaur SP. Studying ‘Make in India’ from the Lens of Labour
Reforms. Management and Labour Studies. 2017;42(1):1-19.
doi:10.1177/0258042X17690842
 Karani A, Panda R. ‘Make in India’ Campaign: Labour Law Reform Strategy and Its
Impact on Job Creation Opportunities in India. Management and Labour Studies.
2018;43(1-2):58-69. doi:10.1177/0258042X17753177
 Ramapriya Gopalakrishnan,Changes in Labour Laws Will Turn the Clock Back by Over a
Century, THE WIRE, 2020

Module Skill Component


Module 1: Conceptual Framework of
Labour law Research paper Writing
Module 2: Legislation relating to work-
condition and provision of health , safety Topic Presentation
and welfare

Module 3 : Labour Welfare and System Case Study


of Governance

Module 4 : Legislation relating to Wage Group Discussion

Module 5 : Law Relating to Social Report Writing


Security against Employment injury and
other Contingencies
Module 6 : Law Relating to Retirement
Benefit Group Presentation

634 | P a g e
List of Resource Persons
2. International
 Dr. Rene E. Ofreneo, Professor Emeritus and Former Dean of the School of Labor
and Industrial Relations (SOLAIR), University of the Philippines, Email :
reneofreneo@yahoo.com
 Prof Alan Neal, School of Law ,University of Warwick United Kingdom, Email:
alan.neal@warwick.ac.uk

3. National

 Dr. PRAVIN SINHA ,President,National Labour Laws Association Email :


ep.nlla@gmail.com

 Prof.(Dr.) B. T. Kaul ,Advocate , Supreme Court of India , Email :


btkaul@yahoo.com
 Dr. S. C. Srivastava , Secretary General, NLLA, Email :
sc2003srivastava@yahoo.co.in

Sh. Onkar Sharma, Dy Cief Labour Commissioner(OS),Delhi,Email Id.


onkar.sharma64@nic.in

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5015: LAND LAWS (Sem. 09/ Paper-03)

Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

COURSE DESCRIPTION: The paper deals with the concepts of rights over the land of the
farming class of persons, historically and how agrarian reform rights changes the position of
their land rights in various dimensions. Abolition of Zamindari, the introduction of ceiling
principles, conferment of sovereign right status over the land, consolidation of land for the
facilitation of farming and survey and settlement of the lands for better maintenance of land
records are key areas agrarian reforms which this paper deals with.

LEARNING OBJECTIVE

1. To make students aware of various concepts of land rights under different agrarian and
revenue laws.
2. An understanding of the institution of agrarian laws of property and its recent
trends.

TEACHING METHOD

The teaching methodology that shall be adopted in this paper is primarily case-study
methods. However, wherever required the teaching shall also use lecture method and Socratic
methods for imparting the concepts.

After introducing a topic by the teacher the students shall also be encouraged to analyze and
research laws, cases, journal articles, new reports on the issues relating to Land Laws. This
shall be followed by discussions.

NUMBER OF HOURS : 72 hours

Module I: Introduction to the Land Laws

1.1 Introduction to the Concept of Land Laws

1.2 Concept of Eminent Domain and Constitutional Amendment of Fundamental


Right to Property

1.3. Land Tenure and Land Reforms in Odisha

1.4. Institution and Special Expressions of Land Law.

Course Takeaway: This module shall impart to the students the basis foundation of
the land laws historical and constitutional, and the institution involved for the
enforcement of the land laws. Since this module shall deal with expressions of land laws,
this module is the gateway for the land law.

Number of Hours : 10 hrs


636 | P a g e
Module II Orissa Estate Abolition Act, 1951

2.1 Principles of Tenancy in Odisha

2.2 Aims, objective and Constitutional validity of the Act.

2.3 Definitions of Agricultural year, collector, Intermediary, Estate, Khas Possession,


Raiyat,

2.4 Concept of Consequences of vesting of an estate

2.5 Concept of Certain land in khas possession, and Occupancy Rights

2.6 Service Tenure,Be-Bandobast Proceedings

2.7 Issuance of Tenancy Certificates

Course Takeaway: This module shall deal with first and foremost important
legislation and the concept thereof which paved the way for the reform of the land tenure
systems in Odisha. Similar legislation is also found in other states as well. Concept
learning of this module is necessary to understand the subsequent module. Learning of
this legislation is necessary to appreciate the nuances of land rights in the civil
proceedings involving immovable property.

Number of Hours : 13 hrs

Module III Odisha Land Reforms Act 1960

3.1 Aims, scopes and objectives of the Act.

3.2 Definitions- Raiyat, Tenant, Ceiling Area, Land, Classes of Land, Rent, Fair Rent,
Land- holder, Landlord, Homestead, Irrigated Land, Person under Disability,
Privileged Raiyat, Personal Cultivation, Standard Acre, Overriding Effect of the Act.

3.3 Rights of Raiyat and Prohibition of letting, Eviction of Raiyat

3.4. Rights of Tenant, Resumption of the Land for personal cultivation.

3.5. The Process of Conversion of Agricultural Land.

3.6 Partition among the Co-Sharers

3.7Restriction on alienation of land by S.Cs and S.Ts and effect of the violation

3.8 Ceiling area, determination of ceiling area, the process of settlement of ceiling
surplus land.

Course Takeaway: This module shall deal with the carnal legislation of the Revenue
law. In order to understand the status of the land and the land rights of various persons the

637 | P a g e
learning of this legislation is important. In fact, learning of this legislation is
foundation of the civil proceedings involving immovable property. The practical
application of Transfer of Property Act or Specific Relief Act is incomplete in the state of
Odisha without learning this legislation.

Number of Hours : 15 hrs

Module IV: Odisha consolidation of Holdings and Prevention of fragmentation of Land


Act,1972

4.1 Consolidation of holding: Object and reasons, the meaning of consolidation,


agriculture land, chaka, consolidation area, fragment

4.2 Preparation of Map and Land Register

4.3 Preparation of consolidation scheme

4.4 Enforcement of scheme

4.5 Prevention and fragmentation,

4.6 Disposal of Proceeding of Transfer of Land Creating Fragmentation

4.7Revision, Closure of consolidation operations, Bar of the jurisdiction of civil court

Course Takeaway: This module shall impart to the students next progressive arrangement of
the land taken place in Odisha after the last discussed legislation. Since this legislation is
applied by an altogether different and parallel wing of the revenue bodies, it also involves
creation and removal of land rights affecting other proceedings of immovable property like
before a principal civil court. Civil practice is involves learning of this important piece of
legislation as well.

Number of Hours : 12 hrs

Module V : The Odisha Special Survey and Settlement Act, 2012

5.1 Objective and Definitions; Agency, Land Owner, Licensed Surveyor, Modern
Technology, Recess, Record of Right, Revisional Survey and Settlement

5.2 Special Survey and Settlement

5.3 License Surveyor: Grant of License, Duty of the Surveyor, Dereliction duty and

5.4 Cancellation of the License.

5.5 Updating the Land Records

Course Takeaway: This module shall impart to the students the importance of the land
records, its creation and maintenance. Rights over the immovable property are always

638 | P a g e
in documentary form. In fact the success of land and revenue legislation depends upon
the accurate land records. The students here shall learn the new technology driven process
of land record creation and maintenance.

Number of Hours : 10 hrs

Module VI Land Acquisition Rehabilitation & Resettlement Act, 2013

6.1 New concept under the Act: Land Bank, Option of the Govt. for lease,
Rehabilitation and Resettlement Provisions,

Mandatory Social Impact Assessment Study, Share of Appreciation with Original


Land Owners, Option to the affected Family.

6.2 Definition: Affected Family, Agricultural Land, Appropriate Govt, Cost of


Acquisition, Displaced Family, Company, Holding of Land, Land, Landless, Land
owner, Local Authority, Marginal Farmer, Persons Interested, Project, Public
Purpose, Requiring body, Small Farmer.

6.3 Classification of the Acquisition & applicability of the Act for acquisition by
appropriate Govt. Various Purpose, for Public Purpose, for PPP projects, for
Private Company for Public Purpose, request by the Private Company to appropriate
Govt for partial acquisition, Purchase by the Private Company for Private Acquisition.

6.4 Mandatory Consultation, Process of Consultation & Social Impact Assessment

6.5Social Impact Management Plan, Publication: Appraisal by Expert Group,


Publication of recommendations and decision of the Govt.

6.6 Preliminary Notification(11), Objection of it, Preparation of Rehabilitation and


Resettlement Scheme by Administrator (16) , Review by the Collector(17-1),
Submission to the Draft Commissioner(17-2), Public Approval of the Scheme (18),
Publication of the Draft (19) , Marking out of the Land (20), Notice to Interested Parties
(21) , Enquiry And Award by Collector, Urgency Clause

6.7 Compensation Provisions: First Scheduled, Determination of Market Value of


land by Collector and the Parameters thereof, Award of Solatium.

6.8 Rehabilitation and Resettlement Awards

Course Takeaway: This module shall impart to the students a central legislation. The
development of the landmark constitutional cases laws started from the land
accqussion process by the government. This legislation is often used when a new industry
is set up and learning this legislation shall give the students an edge as a legal advisor
in an industry or PSU.

Number of Hours : 12 hrs

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CASE REFERENCES

1 State Of Orissa & Ors vs K. Srinivasa Rao (Dead) Through ... on 18 April, 2001
2. State of Orissa vs. Brundaban Sharma , 1995 (Supp.3) SCC 249
3. State of Orissa vs. Brundaban Sharma , 1995 (Supp.3) SCC 249
4.Bhikari_Nayak_vs_Brajabandhu_Nayak_And_Ors._on_21_September,_1990'
5.Revenue Officer & Ors Vs. Prafulla Kumar Pati & Ors [1990] INSC 12 (17 January
1990)
6.Gulzar_Khan_vs_Commissioner_Of_Consolidation_..._on_7_May,_1993'
7.Manmohan_Rout_(And_After_Him)_..._vs_State_Of_Orissa_And_Ors._on_11_Ma
y,_1992'
8.Biswambhar Singh And Anr. vs The State Of Orissa And Anr. on 25 April, 1957
9.Brundaban Ramanuja Das v. Hajuri Prafulla Chandra Khuntia
10.Sri Anadi Charan Sahoo (since dead) and others ......... vs. State of Odisha and
Others

Text Books

 Revenue Manuals by Kalinga Law House


 Orissa Land Reform Act, 1960 by Ranjan Kumar Samal, Kalinga Law House
 Taxman’s New Law Relating to Land Acquisition Rehabilitation & Resettlement

REFERENCE BOOKS

1. Concept and Expressions of Revenue Laws in Odisha, Sidhartha Sekhar Dash


2. An Introduction to the Legislation on Hi-Tech Survey and Settlement of Lands in
Odisha, Sidhartha Sekahr Dash
3. Land rights and ownership in Orissa, Status Report, UNDP
4. Land Reform in India: Issues and Challenges-Manpreet Sethi
5. Land Reforms in India: Unfinished Task
6. B.H. Eodenpowell Land Tenure in India Vol.-3 Publisher: Clarendon Press, Oxford,
ISBN-10 : 1331559200

7. Bikram Sarkar: Land Reforms in India, Theory and Practice Publisher : South Asia
Books (1 December 1989) ISBN-10 : 8170242606

8. Pramod Kumar Agarwal-Land Reforms in India: Constitutional and legal Approach,


New Delhi: M.D. Publications, 1993, ISBN 8185880093

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Module Skill Component
Special Expressions of Land Law.
Module 1: Introduction to
the Land Laws
Module 2: Orissa Estate Service Tenure
Abolition Act, 1951 Be-Bandobast Proceedings
Issuance of Tenancy Certificates
The Process of Conversion of Agricultural Land.
Module 3: Odisha Land Partition among the Co-Sharers
Reforms Act 1960 Ceiling area, determination of ceiling area, the process of
settlement of ceiling surplus land.
Module 4: Odisha
Disposal of Proceeding of Transfer of Land
consolidation of Holdings
Creating Fragmentation
and Prevention of
fragmentation of Land
Act,1972
Special Survey and Settlement
Module 5: The Odisha Updating the Land Records
Special Survey and
Settlement Act, 2012
Module 6: Land Mandatory Consultation, Process of Consultation & Social
Acquisition Rehabilitation Impact Assessment
& Resettlement Act, 2013 Preparation of Rehabilitation and Resettlement Scheme by
Administrator

Resource Person :

1. Dr Biswajeet Mishra, Ret. OAS Officer, Govt of Odisha, Mob: 8917472644

Email: biswajitmishra999@gmail.com

2. Adv Bhaskar Panda, High Court of Orissa, Mob: 7008180248

Email: bhaskarchandrapanda@yahoo.com

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5017: Health Law (Sem. 09/Paper-04)

Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description: This course seeks to explore various areas of the law that deal with
creating and maintaining and regulating ‘health.’ The course also aims to give comprehensive
and practical approach about the challenges faced with the recent developments in the
medical field. This course is also designed to provide students with the practical knowledge
to identify legal issues and to understand the legal and ethical ramifications of technological
developments in healthcare.

Learning Objectives:

 The student will learn to analyze the international principles and legal system in
health policy and health care delivery in India and other countries.
 The student will learn to exploring the role of WHO and Government in pandemics.
 The student will be able to identify the legal principles with respect to medical
negligence.
 The student will learn to understand the reprodcutive rights and laws with respect to
women in India.
 The student will understand the present legal framework for digital helathcare in
India.
 The student will learn to understand the interface between biotechnology and law with
repsect to healthcare.
Teaching Methodology: The methodology adopted for the course would be the following:

 Research method
 Case method
 Lecture Method
 Group discussions
 Videos
 Inviting specialized persons in this filed for delivering lectures

Module I: Introduction

As human beings, our health and the health of those we care about is a matter of daily
concern. Regardless of our age, gender, socio-economic or ethnic background, we consider
our health to be our most basic and essential asset. In recent years, increasing attention has
been paid to the right to the highest attainable standard of health, for instance by human
rights treatymonitoring bodies and by WHO.

1.1 Universal Declaration of Human Rights,1948 & Right To Health


1.2 Right to Health in International Human Rights Law

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1.3 Constitutional mandate including healthcare as a Fundamental Right (Article 21)
1.4 Indian Judiciary recognizing International conventions for upholding Right to Health
Course takeaway: To understand the journey of Right to Health from UDHR to
Constitutional Right in India

Skill Component: Doctrinal Coverage on the Right to Health and the obligations on states
towards the right to health in India and under various International Treaties.

Number of hours: 10

Module II. Role of WHO & Government in Pandemics

The outbreak of the SARS CoV2 virus, commonly referred to as the COVID-19 pandemic,
has impacted the social, economic, political, and cultural lives of citizens around the
world.The constitutional and legal framework of the management of epidemics and health
emergencies has been at the forefront of discussions and debates.The COVID-19 pandemic
has led to questions about many aspects in India—the quality of health care, the response of
governments and institutions, and issues related to law and order.

1.1 Role of WHO


1.2 International Heath Regulations 2005
1.3 Pandemic Influenza Preparedness Framework (PIP framework)
1.4 National Centre for Disease Control (NCDC)
1.5 The National Health Bill 2009
1.6 Role of National Disaster Management
 Disaster Management Act 2005
 The Epidemic Diseases Act,1897
1. The The Epidemic Diseases Act,1897
2. The The Epidemic Diseases (Amendment) Ordinance, 2020

Course takeaway: The module will help in understanding the constitutional and legislative
framework for regulating pandemic.

Skill Component: Doctrinal coverage on the Laws and policies that are grounded in science,
evidence and human rights which enable people to access health services, protect themselves
from COVID-19 and live free from stigma, discrimination and violence.

To understand the legal frameworks to manage the pandemic of various jurisdictions.

Number of hours: 12

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Module III. Regulation of Medical and Paramedical Profession

A basic knowledge of how judicial forums deal with the cases relating to medical negligence
is of absolute necessity for doctors. The need for such knowledge is more now than before in
light of higher premium being placed by the Indian forums on the value of human life and
suffering. Judicial forums, while seeking to identify delinquents and delinquency in the cases
of medical negligence, actually aim at striking a careful balance between the autonomy of a
doctor to make judgments and the rights of a patient to be dealt with fairly

1.1 Liability of doctors for medical negligence- Civil Liability under law of Tort
1.2 Liability of doctors for medical negligence under Consumer Protection Act, 2019
1.3 Liability of doctors for medical negligence-Criminal Liability under IPC
1.4 MCI Act and regulations on negligence in clinical practice
1.5 Role of Quality Council of India in maintaining quality of hospitals and diagnostic
centre
1.6 ICMR guidelines on bio medical waste management

Course takeaway: It will help in understanding the rights obligation and liabilities of all the
stakeholders including healthcare providers and patients to uphold and implement the hopes
trust and confidence associated with medical profession.

Skill Component: With the help of cases understand the true test for establishing negligence
in diagnosis or treatment on the part of a doctor.

Number of hours: 12

Module IV. Women Healthcare

Over the last decade, Indian courts have issued several notable decisions recognizing
women’s reproductive rights as part of the “inalienable survival rights” implicitly protected
under the fundamental right to life. This module focuses on the legislation which has paved
the robust recognition of reproductive rights as fundamental rights.

1.1 Technological Development in women healthcare


1.2 Surrogate motherhood, historical background, contractual aspect and enforceability
1.3 Surrogacy (Regulation) Act 2020
1.4 Assisted Reproductive Technology (Regulation) Bill 2020
1.5 Legal Regulation of Abortion in India
1.6 Pre-Contraception and Pre-Natal Diagnostic Techniques Act, 1994
Course takeaway: The significant and evolving role the judiciary can play in India to address
the legal and practical barriers which operate to deny women and girls their reproductive
rights.

Skill Component: Advocacy for women’s reproductive rights.

Number of hours: 12

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Module V. Digital Healthcare
This module explores legal framework to prevent misuse of technology and exploitation of
the end customer/user, with the increased proliferation of information technology in the
healthcare industry.

1.1 National Digital Health Authority (“NeHA”)


1.2 Telemedicine Regulation
1.3 Regulation for Self-Monitoring Healthcare Devices
1.4 Criminal liablity under Robot-Assisted Surgery
1.5 Big Data in healthcare and Privacy issues

Course takeaway: The studnets will get to have the present regulatory clarity around the e-
healthcare industry.

Skill Component: legal compliance with repect to digital healthcare industry

Number of hours: 12

Module VI. Biotechnological Advancement in Healthcare

This modulewill help in understanding the recent developments and the corresponding legal
issues in the field of biotech in India and around the world which has given immense gains in
the field of pharmaceuticals and healthcare industry.

1.1 Legal framework with use of robotics (Artificial Intelligence) in healthcare


1.2 Legal issues with respect to development of embryo banks
1.3 Transplantation of Human Organs (The Transplantation of Human Organs and Tissues
Act, 1994)
1.4 Legal issues pertaining to Clinical Trials in India
Course takeaway: understanding and applying regulations and work in tandem with the
healthcare industry for greater patient benefit.

Skill Component: Regulation and liabilities with respect to clinical trials in India

Number of hours: 10

Case Law Study:

1. Murli Deora vs Union of India and Ors2001, 8 SCC 765.


2. Mr X v. Hospital Z 1998 (6) SCALE 230; 1998 (8) SCC 296
3. Paschim Banga Khet Mazdoor Samity & Ors vs State of West Bengal & Ano1996 AIR
(SC) 2426/ (1996) 4 SCC 37
4. Bandhua Mukti Morcha v. Union of India (AIR 1984 SC 802)
5. Jacob Mathew v. State of Punjab & anr.(2005) 6 SCC 1
6. Indian Medical Association v. Santha AIR 1996 SC 550
7. Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582
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8. Baby Manaji Yamanda v. Union of India (2008) 13 SCC 518)
9. Jan Balaz v. Anand Municipality and ors.AIR 2010 Guj 21.
10. Devika Biswas Vs UOI (2016) 10 SCC 729

Text books
1. Cameron, Cecily, and Elizabeth-Anne Gumbel. Clinical Negligence: A Practitioner's
Handbook. Oxford: Oxford University Press, 2007. Print.
2. Chaudhri, V. K. Medical Jurisprudence and Toxicology. Allahabad: Dwivedi Law
Agency, 2007.
3. Jackson, Emily. Medical Law. 2nd ed. London: Oxford University, Press, 2010.

Researched articles reference:


1. http://qi.nhsrcindia.org/sites/default/files/Chapter%205-
Right%20to%20Health%20Indian%20Legislations%20%26%20International%20Documents
.pdf

2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779963/

3. http://docs.manupatra.in/newsline/articles/Upload/CFC0FA22-6E4C-456D-A920-
D069C37A118F.2-b__civil.pdf

4. https://reproductiverights.org/sites/default/files/documents/Reproductive-Rights-In-Indian-
Courts.pdf

Advanced readings:

1. Patnaik, Amrit K., and Mathiharan, K. (Eds). Modi's Textbook of Medical Jurisprudence
and Toxicology. Nagpur: LexisNexis Butterworths., 2005

2. Powers, Michael J., and Nigel H. Harris. Clinical Negligence. 3rd ed. London:
Edinburgh; Dublin: Butterworths, 2000

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Module Skill Component

Module 1: Introduction Doctrinal Coverage on the Right to Health and the


obligations on states towards the right to health in
India and under various International Treaties.
Doctrinal coverage on the laws and policies that are
Module 2: Role of WHO & grounded in science, evidence and human rights
Government in Pandemics which enable people to access health services, protect
themselves from COVID-19 and live free from
stigma, discrimination and violence.
To understand the legal frameworks to manage the
pandemic of various jurisdictions.
With the help of cases understand the true test for
Module 3:Regulation of Medical establishing negligence in diagnosis or treatment on
and Paramedical Profession the part of a doctor.

Module 4:Women Healthcare Advocacy for women’s reproductive rights.

Module 5:Digital healthcare Legal compliance with repect to digital healthcare


industry
Regulation and liabilities with respect to clinical trials
Module 6: Biotechnological in India
Advancement in Healthcare

Resource Persons

1. International
1. Name: Trudo Lemmens, Professor, School Chair in Health Law and Policy,
University of Toronto
Email:trudo.lemmens@utoronto.ca
2. National
1.Prof (Dr). Sripada Venkata Joga Rao, Legalexcel a Law Firm of Advocates, Solicitors
and Healthcare Consultants
Email: jogarao@nls.ac.in
2. Ms.Gowree Gokhale, Partner at Nishith Desai Associates
pharma and health care sector
Email: gowree@nishithdesai.com
3. Mr. Abhayan Jawaharlal, Deputy General Counsel, Cipla
4. Mr.Anay Shukla, Founding Partner at Arogya Legal- Health Laws Specialist Law
Firm
5.Mrinal Kanwar, Litigating Lawyer, Mental-health Law Expert
6.Priyanka Dahiya, Public health policy specilaist
7. Kritika K, Legal Consultant, Public Health Law and Policies Team

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5019: Election Law(Sem. 09/Paper-05)

Credits: 04: Total Class Hours: 72 (including tutorials & proctors

COURSE DESCRIPTION:

India was one of the few countries in the world which gave to its citizen Universal Adult
Suffrage i.e Right to Vote for elections of their political representatives. At the time when
other nations were setting up qualifications for being able to vote, our country gave this most
essential political right to vote to all its citizen. The constitution makers of our country also
made elaborate provisions for the procedure of elections of various constitutional heads and
people’s representatives at Union and State Level. The main objective of this paper is to have
an elaborate understanding of the procedure of election as provided in the Indian Constitution
and the provisions of the Representation of Peoples Act which governs the process of election
in our country. The paper shall also discuss the various impediments to free and fair elections
like criminalization of politics, graft in election, proxy voting etc and the amendments that
have been brought to remove these roadblocks. Post completion of this course the students
will have a complete understanding of the procedure and technicalities of election and
election procedure so that as future litigants they can become a better defender of civil and
political rights.

LEARNING OBJECTIVES:

At the the end of the Course , the students will be able to :-


1. To acquaint the students regarding the significance of free and fair elections
2. To understand various intricacies in election Law
3. To have conceptual clarity about the various procedure and process of elections
4. To make an informed choice as a voter and also as a litigant
5. To learn how to draft an election petition for various electoral offences

TEACHING METHOD:

The methodology will be a combination of: Case-Study method, Lecture Method, Socratic
Method, Project Assignment and Class Discussions. In addition to case laws and study
materials the students shall be given drafting assignments especially with respect to filing of
Election Petition.

DETAILED SYLLABUS

MODULE I: INTRODUCTION

 Election: Meaning, types and history of election in India


 Election Petition [The Representation of the People Act, 1951(R. P. Act, 1951) – Part VI
(sections 79-122)]
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A. forum, presentation, grounds and relief that may be claimed by the petitioner
B. Content of the election petition (material and particular), parties to the election petition
and time of presentation of election petition
C. Withdrawal, abatement and Dismissal of Election Petition
 Appeal
 Nomination : Requirements of valid nomination and consequences of acceptance and
rejection of improper nomination ( Section 30-39 and 100 of RP Act 1951)

Theory and Skill components- Detailed discussion on the concept of election and its
evolution and development in India and the forum which addresses the election disputes.

Course Takeaway-At the end of the module the student would be able to appreciate the
importance of the process and procedure for challenging the result of an Election.

No. Of hours: 12

MODULE II: COMPOSITION OF PARLIAMENT , ELECTION OF PRESIDENT


AND VICE PRESIDENT

 Composition and dissolution of Parliament and state legislatures (The Constitution of


India - Articles 79-83, 85, 168-172, 174, 330-334)
 Delimitation of constituencies (The Constitution of India - Articles 329(a), 81, 82, 170,
330, 332 R.P. Act, 1950- sections 3-13 The Delimitation Act, 2002 )
 Election of President and Vice-President (Constitution- Articles 52, 54-59, 62-68, 71)
Theory and Skill Component- Discussion on the composition of the Union Legislature and
the procedure of delimitation of the constituencies. The election procedure of the President
and the Vice President and the available remedies for challenging the election results shall
also be discussed

Course Takeaway- At the end of the module the student shall be able to understand the
legislative setup in our country and the procedure for being elected a member of the
Legislature. The student would also understand the procedure of President and Vice President
Elections and the remedy available for removal of these two crucial constitutional provisions.

No. Of hours: 12

MODULE III: COMPOSITION, POWERS AND FUNCTIONS OF THE ELECTION


COMMISSION

 Composition of the Election Commission (The Constitution of India – Article 324 The
Election Commission (Conditions of Service of Election Commissioners and
Transaction of Business) Act, 1991)
 Powers and functions of the Election Commission (The Constitution of India – Articles
324- 328, 103(2), 192(2) R.P. Act, 1951- sections 8A, 10A, 11, 11A, 11B, 28A(read
with section 13CC, R. P. Act, 1950), 29A, 77, 78, 146, 146A, 146B, 146C The Election
Symbols (Reservation and Allotment) Order, 1968)

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Theory and Skill Component: Discussion about the role of Election Commission of India in
the superintendence, direction and control of the Elections in the largest democracy in the
world

Course Takeaway- At the end of the module student will be able to understand as well as
appreciate the role of Election Commission of India in ensuring free and fair elections.

No. Of hours: 12

MODULE IV: ANTI DEFECTION LAW AND QUALIFICATION AND


DISQUALIFICATION OF CANDIDATES

Anti Defection Law (The Constitution of India- Articles 101(3), 102(2),190(3),


191(2), The Tenth Schedule & The Constitution(52nd) Ammendment Act,1985)
 Qualifications of elected heads
 Disqualifications (The Constitution of India - Articles 101-104, 173, 190-193 ;R.P.
Act, 1951- sections ,8, 8A, 9, 9A, 10, 10A, 11, 100(1)(a).
A. Disqualification for holding an office of profit
B. Disqualification for government contracts
C. Disqualification on conviction for certain offences

Theory and Skill Component: Discussions on grounds of disqualification of elected


representative and ensuring accountability for malpractices prior and post the election.

Course Takeaway- At the end of the module the student shall be able to understand various
constitutional and legal grounds to disqualify an elected representative and through case laws
the student shall be able to understand the judicial viewpoint on validity of such
disqualification.

No. Of hours: 12

MODULE V: CORRUPT PRACTICES

 Distinction between corrupt practices (section 123, R.P.Act, 1951) and electoral
offences (Chapter IXA (sections 171A- 171 I ), Indian Penal Code, 1860 and sections
125-136, R.P.Act, 1951)
 Kinds of Corrupt Practices
A. Bribery (section 123(1), R.P. Act, 1951)

B. Undue influence(section 123(2), R.P. Act, 1951)


C. Appeal on the grounds of religion, race, caste, community or language
etc.; promotion of feelings of enmity or hatred between different
classes of the citizens of India on grounds of religion, race, caste,
community or language (sections 123(3), 123(3A), R.P. Act, 1951)

D. Publication of false statement of fact in relation to the personal


character or conduct of any candidate (section 123(4), R.P. Act, 1951)

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E. Free conveyance of voters (section 123(5), R.P. Act, 1951), incurring
or authorising expenditure in excess of the permissible limit (section
123(6), R.P. Act, 1951) and booth capturing (section 123(8), R.P. Act,
1951)

F. Obtaining or procuring the assistance of a government servant (section


123(7), R.P. Act, 1951)

Theory and Skill Component- Discussion on various corrupt and criminal practices that
the electoral candidates resort to capture votes in their favour

Course Takeaway- At the end of the course the student shall be able to understand various
corrupt practices under the Representation of Peoples Act 1951 and the sanctions that are
imposed on the candidates apart from cancellation of candidature which act as a deterrence
for other candidates who intend to resort to such practices to gather votes in their favour.

No. Of hours: 12

MODULE VI- VOTERS RIGHT TO KNOW THE ANTECEDENTS OF


CANDIDATES AND RIGHT TO REJECT

 Voters Right to Know (R.P. Act 1951 - sections 33A, 33B, 125A)
 The Goswami Committee Report on Electoral Reforms, 1990
 The Vohra Committee Report on Criminalisation of Politics, 1993
 170th Report of the Law Commission on Electoral Laws, 1999
 Voters Right to Reject: Evolution and development of concept of NOTA
 Reforms in the area of Election Law: Electoral Bonds, Proxy Voting and Postal
Ballots

Theory and Skill Component- Discussion on the right of the voters and recent reforms that
have taken place to control one of the biggest challenges in Indian Politics i.e
Criminalisation of Politics

Course Takeaway- At the end of the lecture the student shall be able to understand the
rights and legal remedies available to voters and can appreciate some of the major
recommendations given by certain committees to ensure free and fair elections which is
considered to be a bedrock of any democracy.

No. Of hours: 12

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References:

 The Constitution of India ,1950


 Representation of Peoples. Act 1950 and 1951
 The Delimitation Act, 2002
 The Election Symbols (Reservation and Allotment) Order, 1968
 The Indian Penal Code, 1860 (Selected Relevant Provisions)
 V.S. Rama Devi and S.K. Mendiratta, How India Votes – Election Laws, Practice and
Procedure (4thed., 2017).
 Kiran Gupta and P.C. Jain, Chawla’s Elections - Law & Practice (9th ed., 2009).
Case Laws

1. N.P. Ponnuswami v. The Returning Officer, Namakkal Constituency, AIR 1952 SC 64


2. Meghraj Kothari versus Delimitation Commission and others 1967 AIR (SC) 669,
3. Baburao v. Dr. Zakir Hussain, AIR 1968 SC 904
4. S.S. Dhanoa v. Union of India, AIR 1991 SC 1745
5. T.N. Seshan, Chief Election Commissioner of India v. Union of India (1995)
6. H.V. Kamath v. Ch. Nitiraj Singh, AIR 1970 SC 211
7. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299
8. Ashok Kumar Bhattacharya v. Ajoy Biswas (1985) 1 SCC 151
9. Kuldip Nayar v. Union of India, AIR 2006 SC 3127
10. Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294
11. People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 2003 SC 2363

MODULE SKILL COMPONENT


I INTRODUCTION Understanding the necessity of election and its
evolution and development in India
II COMPOSITION OF Understanding the Parliamentary composition and
PARLIAMENT, ELECTION OF procedure of delimitation
PRESIDENT AND VICE
PRESIDENT
III COMPOSITION, POWERS Understanding the role and functions of the Election
AND FUNCTIONS OF THE Commissioner of India
ELECTION COMMISSION
IV ANTI DEFECTION LAW AND Understanding grounds of disqualification from
QUALIFICATION AND legislative membership especially Anti Defection
DISQUALIFICATION OF
CANDIDATES

V CORRUPT PRACTICES Understanding of types of corrupt practices which leads


to disqualification under the representation of people’s
act

VI VOTERS RIGHT TO KNOW Understanding the rights of the voters in an election and
THE ANTECEDENTS OF steps to curb the criminalization of politics
CANDIDATES AND RIGHT TO
REJECT

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RESOURCE PERSON

International

Prof. Mark Tushnet Prof. Madhav Khosla


mtushnet@law.harvard.edu mkhosl@law.columbia.edu
617-496-4451 (212)854-0722

National

Dr. Rabindra Pathak Dr SY Quraishi


Mobile: (+91) 7063033448 Former Chief Election Commissioner
(+91) 7903105370 Email:syquraishi@gmail.com,
Email: Pathak.rabindra@gmail.com Mobile:09810928844

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5811: IPR TRANSACTION AND LITIGATION (Honours Paper-1)
(Sem 09/ Paper No 6)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors
Keeping the fact in mind that the present subject would be taught to the students as a
Honours paper, the main object behind teaching this subject is to develop the idea of the
students that they already know about IPR. The course would be informative in nature to help
the students understand the thought process and decision making process involved in
business transactions where intellectual property remains a dominant force and also as future
IP lawyers they will be aware about dispute related mechanisms related to IPR.

Learning Objectives:

1. To make the students understand Intellectual property as a valuable business asset.


2. To help the students to think and explore the how intellectual property creates a huge
impact in commercial transaction and the related decisions.
3. To make an attempt to give the students a clear picture about the various forms of
Intellectual property related disputes that arises at different times in the different parts of
the country.
4. To make them aware of the different dispute resolution mechanisms and the defenses and
remedies available to either parties during litigation.

Teaching Methodology:

The methodology adopted for the course would be the following:

 Lecture Method
 Self- research method
 Case method
 Drafting session
 Group discussions
 Inviting specialized persons in this field for delivering lectures

MODULE I- IPR AND BUISNESS TRANSACTIONS

To make the students aware about the major role of Intellectual Property play in the decision
making process in a business.

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1.1 Intellectual Property Assignments

1.2 Intellectual Property Licensing Agreements

1.3 Merger and Acquisitions Transactions

Course takeaway: Understanding the major IP Triggers for a company, steps of IP due
diligence conducted in a company and also know about the Winner’s Curse theory along with
its possible solutions.

Skill component: To be able to assess and find out the key factors related to IPR that are
taken into consideration for any business transaction. Interaction with IP counsels or
managers of a company to know the implementation of the same in the real situations.

Number of hours: 10

MODULE 2: GENERAL DISPUTES RELATED TO IPR

To make the students aware about the various types of disputes in the field Intellectual
Property Right.

2.1 Infringement of Copyrights

a. Issues involved in Ownership, assignment and licensing of copyrights

b. The case of Neighbouring/Related rights and Copyright Societies

2.2 Infringement of Trademarks

a. Well-known Marks

b. Trade- dress and get-up

c. Trademark Dilution and Comparative Advertising issues

2.3 Infringements of Patents

a. Cases relating to compulsory licenses

b. Issue of parallel imports and regulatory use

2.4 Disputes relating to overlapping IP

a. Copyright-Design Interface

b. Trademark-Design Interface

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c. Musical Works-Trademark Issues

d. Artistic Works-Trademark conflicts

Course takeaway: The students who aspires to become IP lawyers in future will get an idea
about the types of disputes that occurs in the field of Intellectual Property and will also come
to know that over the years how this disputes has been addressed by various forums across
the globe.

Skill component: A pannel discussion or a webinar to be arranged for the students whereby
international and national scholars, lawyers and justices to be invited to have an elaborate
discussions on various Intellectual property disputes and the doctrines adopted by Courts in
various parts of the world to mitigate such disputes.

Number of hours: 10

MODULE 3:DISPUTE RESOLUTION SYSTEM IN IPR

This module make the students aware of the various authorities under whom the IPR related
disputes between two parties can be mitigated

3.1 Litigation, Settlement and other court procedures

3.2 Search and Seizure Procedures

3.3 Resorting to ADR Organisation

3.4 Criminal Prosecution Procedure

3.5 Arbitration Dispute Resolution

Course takeaway: the students will learn to differentiate between the various forms of dispute
resolution mechanism, will be aware about the advantages and disadvantages of all the modes
and can suggest their clients in future as to what mechanism they need to adopt for a
particular intellectual property related dispute.

Skill component: Role play to be organized depicting an arbitration proceeding between two
parties over an intellectual property dispute. Thereby, learning about the arbitration clauses
in the contract and also the procedure followed during the proceeding.

Number of hours: 10

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MODULE 4: IPR DEFENCE STRATEGIES

The module has been designed to provide a comprehensive knowledge regarding the various
defenses that can adopted by the parties during an IPR infringement suit which is a very
integral part of IP litigation.

4.1 Defenses of IPR Infringements

4.2 Doctrine of Estoppel

4.3 Fair Use , Independent Creation, First Sale Doctrine

4.4 Violation of statute of limitation

4.4 Challenging Validity and Irrelevant Claims

Course takeaway: Students would have better clarity on various defenses that they can adopt
in future in various cases as an IP attorney.

Skill Component: Moot problems shall be given to students and they shall be asked to draft
propositions defending their parties.

Number of hours: 10

MODULE 5:REMEDIES AND DAMAGES IN IPR INFRINGEMENT SUITS

This module has been incorporated in order to make the students aware of the various
remedies and damages available to an aggrieved both under Indian as well as foreign
jurisdiction.

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5.1 Arbitral Awards

5.2 Injunctions

5.3 Criminal Sanctions

5.4 Quantification of Damages

Course Outcome: Student will be aware what kind of remedies they can seek before the court
on behalf of their clients.

Skill component: Learning the techniques of litigation from an well practised IP Lawyer.

Case Law Study:

1. Ericsson v. Xiaomi CS(OS) 3775/2014


2. Bajaj Auto Ltd., State Of vs Tvs Motor Company Ltd (2008) ILLJ 726 Mad)
3. NATCO v. Bayer (OA/35/2012/PT/MUM)
4. M/s Satyam Infoway Ltd v M/s Sifynet Solutions Pvt. Ltd, AIR 2004 SC 3540
5. N. R. Dongre vs. Whirlpool Corporation 1996 (16) PTC 583
6. Viacom 18 Motion Pictures v. Jyoti Cable Network and Ors CS(OS) No. 2352/2011
7. Ardath Tobacco Co. Ltd. v. Munna Bhai and Ors. [CS (OS) 141/2004, 2009 (39)PTC
208 (Del.)
8. National Garments, Kaloor, ... vs National Apparels, Ernakulam (AIR 1990 Ker 119)

Text Books :

1. Intellectual Property Rights -- Law and Practice by Dr. S.V. Damodar Reddy
2. The Management of Intellectual Property by Satyawrat Ponkse
3. Intellectual Property Asset Management by David Bainbridge and Claire Howell

Researched articles reference:

1. https://www.tandfonline.com/doi/full/10.1080/1331677X.2021.1889390?src=

2. http://nopr.niscair.res.in/bitstream/123456789/3654/1/JIPR%2010%283%29%20214-
220.pdf

3. https://shipglobalip.com/blog/injunctions-in-intellectual-property-rights

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Module Name Skill Components
MODULE I- IPR AND To be able to assess and find out the key factors
BUISNESS TRANSACTIONS related to IPR that are taken into consideration for
any business transaction. Interaction with IP
counsels or managers of a company to know the
implementation of the same in the real situations.

MODULE 2: GENERAL A pannel discussion or a webinar to be arranged


DISPUTES RELATED TO IPR for the students whereby international and
national scholars, lawyers and justices to be
invited to have an elaborate discussions on various
Intellectual property disputes and the doctrines
adopted by Courts in various parts of the world to
mitigate such disputes.

MODULE 3:DISPUTE Role play to be organized depicting an arbitration


RESOLUTION SYSTEM IN proceeding between two parties over an
IPR intellectual property dispute. Thereby, learning
about the arbitration clauses in the contract and
also the procedure followed during the
proceeding.

MODULE 4: IPR DEFENCE Moot problems shall be given to students and they
STRATEGIES shall be asked to draft propositions defending their
parties.

MODULE 5:REMEDIES AND Learning the techniques of litigation from an well


DAMAGES IN IPR practised IP Lawyer.
INFRINGEMENT SUITS
Resource Persons:

International

1. Irene Calboli, Professor of Law at Texas A&M University School of Law, Academic
Fellow at the School of Law, University of Geneva, Fellow at Melbourne Law School, and
Transatlantic Technology Law Fellow at Stanford University.
2. Kabir Duggal, Senior International Arbitration Advisor

National

1. Shri Pankaj P. Borkar, Dy Controller of Patents & Designs, Head of Office.


2. Ms. Pragnya Talekar, Partner, Talekar and Associates

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5511: WHITE COLLAR CRIME & CORPORATE CRIME (Honours Paper-1)

(Sem 09/ Paper No 7)


Credits: 04: Total Class Hours: 72 (including tutorials & proctors
SubjectDescription : Corporate Crime involves issues of ever increasing significance, such
as the environment, occupational health and safety, consumerism, and globalization.
Corporate Crime is also known as Organisational or Occupational crimes, in White collar
crimes. The magnitude of corporate criminal liability and corporate accountability, corporate
ethics refers the concept of implications of legal regulations and adequate sanctions.

COURSE OBJECTIVES:

1. To acquire an understanding of corporate crime in its various forms.


2. To situate the study of corporate crime within criminology and the sociology of deviance.
3. To explore the value of different social theories for understanding the nature and extent of
corporate harm and wrongdoing.
4. To compare the dynamics of blue collar crime and white collar crime and update with the
current changes in financial laws to prohibit corporate crime
5. To survey of the basic principles and theories underlying this area of law including the
principles that underlie assessing criminal liability against corporations for the actions of
individuals and against individuals for corporate actions.
6. To critically examine dominant methods of responding to corporate crime.

TEACHINGLEARNING METHODOLOGY

The teaching methodology that shall be adopted in this paper is a combination of lecture
method, case study, debates and research. After introducing a topic by the teacher the
students shall be encouraged to analyze and research the laws and cases on the issues relating
to socio-economic offences. This shall be followed by discussions.

In designing teaching materials for this course, current developments in deviance, as reflected
in newspapers/journals, law reports, and legislative proceedings should be highlighted.

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COURSE OUTLINE

Module -1: Conceptualizing corporate crime

 Meaning of corporate crime


 Concept of White collar crime & Sutherland's theory
 The duality of corporate and individual Criminal Liability
 Difference between corporate crime and traditional crime

Theory and skill component to be identified: 1st module to demonstrate the basic
principles and legal concept of white collar crime and corporate crime. The course
structure is focusing on explaining and preventing white collar crime and corporate
crime in India drawing upon psychological, sociological, organizational and
integrated theories of corporate criminal liabilities and legal control of corporate
crime.
Course takeaway: Understanding of the basic of Corporate and White collar crime.
Difference between the blue collar crime and white collar crime. Why this subject is
relevant and part of criminal law domain.
Number of hours: 10 Credit hours

Module -2: Corporate Criminal Liability- Comparative study

 Corporate Criminal Liability - Comparative studies


 Corporate Criminal Liabilities in International Instruments
 Basic Laws applicable in India to combat corporate crime
Theory and skill component to be identified: Comparative studies between Indian
Law and USA, UK, Japan, China, South Korea, Australia, Germany to analyze
different status and structure of criminal law to protect the finance an trading,
overseas business, jurisdictional limitation with regard to economical protection. This
module also has a component where the international instruments (treaty, convention)
are discussed.
Course takeaway: Learning global perspective of corporate crime and measures.
Number of hours: 10 Credit hours

Module -3 Specific offences under the Companies Act

 Offences related to false statements


 Withholding of Company’s property
 Offences in case of companies under Liquidation
 Landmark judgments in corporate Crime
Theory and skill component to be identified: Discussion on Company Law and bill
with regard to only corporate crime to bring the transparency and clear understanding

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of the provisions and limitations. How the provisions working compared to the
theories of white collar crime will also be discussed.
Course takeaway: Better and clearer notion of corporate structure and fundamentals
to understand the area where the fraudulence is possible, and what are the remedy
Number of hours: 10 Credit hours

Module –4 Corporate Offence under the SEBI


 Corporate Offence under the SEBI Act
 Inspection and investigation mechanism
 Procedure under the SEBI Act
 Appeals before Securities, Appellate Tribunal, Supreme Court of India and
Government
Theory and skill component to be identified: This is very important module where
the trading, investment equity and finances discussed with regard to the prohibitory
policies with the practices under SEBI. The Investors and traders interest, the
vulnerability of the equity market to be safeguarded by SEBI, the investigation and
inspection process, filing suit and adjudication and remedy everything to be discussed
elaborately with caselaws to students.
Course takeaway: Students will learn important policies and rules to safeguard the
security market by SEBI and interesting caselaws and analysis.
Number of hours: 12 Credit hours

Module-5Offences under the economic laws

 Offences under the Taxing statutes


 Banking fraud
 Prevention of Corruption Act 1988 and Bill 2013
 Lokpal and Lokyuktas Act 2013
 Prevention of money laundering Act 2002 and 2017 bill
Theory and skill component to be identified: This module will give an
understanding of various corporate and white collar crime and relevant laws. The new
amendments and updated version of law preventing the financial misappropriations,
may it be tax avoidance or tax evasion, money laundering and black money, banking
transaction including e payment, debit credit card system, lokpal and lokyukta system
to broaden the horizon of understanding for the students with regard to corporate
crime.
Course takeaway: Students will be acquainted with various types of corporate fraud
and monitory fraud and the relevant laws.
Number of hours: 13 Credit hours

Module-6Controlling corporate Crime

 Theories of legal control of corporate crime

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 Alternative approaches
 Restoration and Remedial Orders
Theory and skill component to be identified: This is a new theory approached by
USA. This is beyond traditional punishment, it is based on rehabilitating and restoring
to help and maintain the social and corporate balance and as well as this new practice
helps company to thrive once the reformation is done in a unique way
Course takeaway: Learning something which is beyond traditional punishment and
helpful for the economy. Modernized way of tacking economical crime and not to
push the corporate structure to close the business, because this will have a reverse
effect of the prohibitory laws.
Number of hours: 5 Credit hours

Recommended Readings :-

Readings :-
Sutherland, E H, Cressey. D R, Criminology

A. Siddique, Criminology (1984) Eastern, Lucknow.

Law Commission of India, Forty-Second Report Ch. 3 (1971)

Prof. N.V. Paranjape, Criminology & Penology with Victimology (2011), Central
Law Publication, Allahabad.

Friedrichs, David O (1995) Trusted Criminals White Collar Crime in Contemporary


Society, Wadsworth Pub Co

Kumar, Dr. Sanjeev. (2005), Corporate Criminology Corporate Offences Directors’


Liability, Prosecution, Punishment, Remedies & Procedures, 5th Ed. New Delhi:
Bharat Law House.

Lundman, Ermann. (2002) Corporate & Governmental Deviance, 6th Ed. Oxford.
(Coleman) Worth. The Criminal Elite, (2002) 5th Ed., or (2006) 6th Ed.
Zagaris, Bruce. -International White Collar Crime Cases and Materials-(2010),
Cambridge University Press
Minkes, John. Minkes, Leonard., Corporate and white-collar crime-(2008), SAGE

 E-Resources

FBI White Collar Crime and Fraud webpage


Financial Crimes Enforcement Network (FinCEN)
Find Law WCC Resource Page
IRS Scams, Schemes, and Tax Fraud Alerts
National White Collar Crime Center (NW3C)
Securities and Exchange Commission

Extra Reading -

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 Corporate Crime and Punishment: The Crisis of Under-enforcement, John Coffee
 White Collar Crime, Girish Mishra
Researched Articles

 Corporate Criminal Liability: A Bibliography by Joseph F. C. DiMento, Gilbert


Geis and Julia M Gelfand
 Corporate Criminal Liability: Theory and Evidence by Jennifer Arlen
 Beyond Fines: Innovative Corporate Sentences Under Federal Sentencing
Guidelines by Richard S. Gruner
 Corporate Criminal Liability: What purpose does it serve? by V.S. Khanna
Caselaws:-

1. Enron Scam
2. Worldcom Scam
3. HSBC Tax evasion scam
4. Martha Stuart Scam
5. 2G Scam
6. Bofors Scam
7.Kingfisher Airline case
8. Satyam Scam
9. Nirav Modi Scam
10. Harshad Mehta and Ketan Parekh
11. Fodder Scam
12. Vyapam Scam
13. Telgi Scam
14. Rajeev Saxena.
15. Sanjay Bhandari

Resource Person-

International:

1. Professor Navjyoti Samanta, Lecturer (Law),


The University of Sheffield, United Kingdom.
2. Mr. Nilesh Sinha
Former Assistant Professor of Jindal Global Law School
Research Scholar of Syracuse University
National:-

1. Professor Souvik Roy


Associate Professor (Law)

University of Engineering and Management (UEM), Kolkata

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5411: INTERNATIONAL COMMERCIAL ARBITRATION (Honours Paper-1)

(Sem 09/ Paper No 8)


Credits: 04: Total Class Hours: 72 (including tutorials & proctors
COURSE DESCRIPTION: This course aims to provide a foundational understanding of
the various facets of International Commercial Arbitration. It endeavors to provide an
insight about the role of arbitration in modern day conflict resolution and its
significance in furthering the rule of law in the society. It would cover a range of issues
from the difference between International and domestic arbitration, choice of law
clauses, jurisdiction and Arbitrability and procedural rules with regard to arbitration
to the issues of recognition and enforcement of arbitral awards. By the end of this
course, the student will have excellent foundations on arbitration law and practice.

LEARNING OBJECTIVES: The objectives of the course are:


1. To develop an understanding among the students to the different treaties and rules
of International Commercial Arbitration.
2. To help the students appreciate the significance of arbitration in the modern day
conflict resolution system of the nation
3. To help the students appreciate the different stages of arbitration and appreciate the
nuances of different treaties governing International Commercial Arbitration
4. To help the students explore the different stages of the arbitral proceedings and help
them appreciate the rules and practical consideration with regard to these stages.
5. To make the students develop some of the key skills required for being an
arbitration practitioner
6. At the end of the course, the students would be able to understand and appreciate
the nuances of International Commercial Arbitration and develop solid foundations
in this area of law.

TEACHING PEDAGOGY: The pedagogy would be learner centric and would


contain a mix of lecture and case law method as the primary mode of
instruction to meet the stated objectives. The case laws would be discussed
primarily through the Socratic Method and there would be a discussion in
the class on the various concepts of Arbitration Law through the journal
articles.

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Module I: Introduction and theoretical Foundations of International
Commercial Arbitration
This Module will introduce the students to subject of Arbitration law and would deal with the
key concepts of International Commercial Arbitration.

1.1 Concept and nature of arbitration


1.2 Advantages and disadvantages of arbitration
1.3 Important terms relating to International Commercial Arbitration
1.4 Hybrid nature of the arbitration Process.
1.5 Legal Framework of International Commercial Arbitration
Key takeaways: The students would understand the key foundational concepts of the
International Commercial Arbitration.

No.of hours: 10

Module II: Arbitrability and Arbitration Agreement


The Module would deal with the myriad conceptual and legal frameworks governing the
arbitration agreement and the disputes which are arbitrable as per the law. It would also delve
into the legal intricacies regarding the choice of law and seat theory of arbitration.

2.1 Concept of Arbitrability

2.2 Significance of agreement in Arbitration

2.3 Arbitration clauses, submission agreements

2.4 Laws governing substantive issues and laws governing arbitration agreements

2.5 Autonomy in an Arbitration Agreement

2.6 Choice of Law in arbitration Agreement (Seat theory)

Key takeaways: The students will understand about the nuances of an arbitration agreement
and would also understand the nature of disputes which could be referred for arbitration. In
addition they would also learn to interpret and draft arbitration agreements.

Skill Component: Interpreting and drafting arbitration agreements as well as drafting a


submission agreement.

No of hours:20

Module III: Arbitral Tribunals and Arbitration Proceedings


This Module deals with the procedural aspects of Arbitration and arbitral tribunals. It would
delve into the jurisdiction; procedure followed in the tribunals and will also discuss the
concept of fast track arbitration.

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3.1 Appointment of arbitrators.

3.2 Independence and Impartiality of the Tribunal

3.3 Constitution and Challenges to the constitution of Arbitral Tribunals

3.4 Conduct of the Arbitral Proceedings

3.5 Jurisdiction of an Arbitral Tribunal

3.6 Fast Track Arbitration

Key Takeaways: The students would learn the workings of the arbitral tribunals and would
appreciate the differences between the workings of the arbitral tribunals and the courts of
law. They would also understand the concept of Fast track arbitration

Skill Component:Understanding the workings and the conduct of proceedings in the arbitral
tribunals.

No. of hours: 10

Module IV: Arbitral Awards


This Module delves deep into the concept of arbitral award and would also deal with the
challenges to arbitration and the role of the national courts in an international award.

4.1 Types of arbitral awards

4.2 Confidentiality and publication of awards

4.3 Content and Form of Awards

4.4 Challenges to the arbitral awards

4.5 Judicial Intervention by National Courts in an International Arbitral Award

Key Takeaways: The students would develop holistic understanding about arbitral awards
and also appreciate the complex legal framework with regards to the challenges to the
international awards in domestic courts.

Skill Component: Understanding the methods and the grounds of challenge in an


International Arbitration Agreement.

No. of hours: 12

Module V: Recognition and Enforcement of Foreign Arbitral Awards


This Module will discuss about the various International Conventions with regard to the
International Commercial Arbitration dealing with recognition of a foreign seated award in

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national jurisdictions. It would also delve into the legal grounds on which these awards could
be refused in the courts.

5.1 Concepts of recognition and enforcement

5.2 International Conventions regarding recognition and enforcement of arbitral awards

5.3 Scope and applicability of Indian law with regard to recognition and enforcement of
awards

5.4 Recognition and enforcement under the New York Convention

5.5 Grounds for refusal of recognition and enforcement of foreign award

5.6 Refusal of recognition and enforcement.

Key Takeaways: The student would develop a holistic understanding about the different
International treaties governing recognition and enforcement through which a foreign seated
award is granted national recognition by the courts.

Skill Component: Understanding about different International Conventions governing


different types of arbitration

No. of hours: 12

CASE REFERENCES

1. TDM Infrastructure Pvt. Ltd vs. UE Development Pvt. Ltd. [2008 (2) ARBLR439
2. R.M. Investment Trading V. Boeing Co AIR 1994 SC11
3. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985)
4. Wellinton Assosiates v. Kirit Mehetha [(2004) 4 SCC 272]
5. Smita Construction v. Euro Alloys Ltd. (2001)7 SCC 728]
6. N T P C v. The Singer Company, AIR 1993 SC 998
7. Bhatia International V. Bulk Trading S.A.(2002) 4 SCC 105
8. Renu Sagar Power Co v General Electric Co. [1984 (4) SCC 679 ]
9. ONGC Ltd. v. Saw Pipes Ltd. (2003) 5 SCC 705
10. Venture Global Engineering v. Satyam Computer Services Ltd. (2008) 4 SCC 190

REFERENCES

TEXT BOOKS:

 Margaret L. Moses, The Principles and Practice of International Commercial


Arbitration, Third Edition, Cambridge University Press, 2008.
 Avtar Singh, Law of Arbitration and Conciliation, Eleventh Edition (EBC Publishers,
2018)

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Garry Born, International Arbitration: Law and Practice (Kluwer Law International,
2015)
REFERENCE BOOKS:

 Indu Malhotra, “Commentary on the Law of Arbitration (Vol. 1 and 2)” ( Wolters
Kluwer, 2020)
 Alan Redfern, J. Martin Hunter, Nigel Blackaby, Constantine Partasides, “ Redfern
and Hunter on International Arbitration, (Oxford University Press, 2009)
 Indu Malhotra and O.P. Malhotra, “The Law And Practice Of Arbitration And
Conciliation” (LexisNexis 2014)
RESEARCH ARTICLES FOR REFERENCE:

Sayre, Paul L. "Development of Commercial Arbitration Law." The Yale Law


Journal 37, no. 5 (1928): 595-617.
 Craig, W. L. (1995). Some trends and developments in the laws and practice of
international commercial arbitration. Tex. Int'l LJ, 30, 1.
 Hunter, J. Martin H. "International commercial arbitration." Int'l Bus. Law. 11
(1983): 5.
 Deshpande, V. S. "The applicable law in international commercial
arbitration." Journal of the Indian Law Institute 31, no. 2 (1989): 127-135.
BOOKS FOR ADVANCED READING:

 Ronald Bernstein, Bernstein's Handbook of Arbitration and Dispute Resolution


Practice, Volume 1, (Sweet & Maxwell, 2003)
 Horacio Grigera Naon, Paul E. Mason, “International Commercial Arbitration
Practice: 21st Century Perspectives”, (LexisNexis, 2013).
 Jean- Francois Poudert & Sebastien Besson, Comparative Law on International
Commercial Arbitration; 2nd edition, 2007, Publisher by- Sweet & Maxwell.

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Module Skill Component

Module II: Arbitrability and Arbitration Interpreting and drafting an Arbitration


Agreement. Agreement and also drafting a
submission Agreement.

Module III : Arbitral Tribunal and Procedural Workings of an Arbitration


Arbitration Proceedings Tribunal.

Module IV : Arbitral Awards Understanding the methods and the


grounds of challenge in an International
Arbitration Agreement.

Module V : Recognition and Understanding about different


Enforcement of Foreign Arbitral International Conventions governing
Awards different types of arbitration

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RESOURCE PERSONS**

1. Prof. Steve Ngo


Arbitrator & Academic, President Beihai Asia International Arbitration Centre

2. Prof. Walid Ben Hamida


Professor of Law, University of Paris, France
Email : benhamida@gmail.com
3. Inbavijayan Veeraraghavan
International Arbitrator and Mediator
Email: inbavijayan@gmail.com

4. Dr. A Saravanan
Assistant Professor, IIM-Indore

Email: saravanan@iimidr.ac.in

5. Prof. Anurag Agarwal


Professor, Indian Institute of Management, Ahmedabad

Email: akagarwal@iima.ac.in

6. Jaydip Pati
Advocate, Supreme Court of India
Email: jpjaydippati17@gmail.com

(** Subject to availability.)

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5711: Universalization of Jurisdiction Under International Law (Honours Paper-1)
(Sem 09/ Paper No 9)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

COURSE DESCRIPTION: Jurisdiction means the power of the state under international
law to regulate or otherwise impact upon people, property and circumstances. Jurisdiction is
one of the central features od state sovereignty. Jurisdiction becomes a concern of
International Law when a state initiates any legislative, executive or judicial action over
matters which are not purely domestic. International permits states to exercise jurisdiction
through legislative, executive and judicial actions on number of grounds which includes
when the defendant is a national of the State, the defendant committed a crime in that State’s
territory or against its nationals, or the State’s own national interests are adversely affected.
However, over the years it is witnessed that there are several instances where a domestic
court prosecuted individuals for serious crimes against international law — such as crimes
against humanity, war crimes, genocide, and torture. This is based on the principle that such
crimes challenge the international peace and security and which individual States may act to
protect. This kind of jurisdiction is known as universal jurisdiction. The exercise of universal
jurisdiction started off to combat the problem of sea piracy, but gradually we travelled from
universal criminal to universal civil jurisdiction as well. The object of the course is to enable
students to understand the scope of Universalization of jurisdiction in both civil and criminal
matters under international law.

LEARNING OBJECTIVES: The course seeks to attain the following objectives :

1. The course will familiarize the students with the concept of jurisdiction and its
relevance under international law.
2. The course will enable the students to understand the various principle of determining
jurisdictional competence of the states.
3. The course will introduce them to universal jurisdiction under international law in
depth.
4. The course will also equip them to understand, apply and analyze the issues connected
with exercising universal jurisdiction in both civil and criminal matters under
international law.
5. The course enable the students to critically analyze the contemporary state practices
of adopting universal jurisdiction within the domestic framework with respect to
matters of terrorism, organized crime , corruption etc.

TEACHING METHOD: Teaching will be by lecture method supplemented by class room


discussions and case study. In addition to that, in order to explain different concepts several

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other pedagogical strategies shall be adopted for example movie review, documentary review
and news reading etc. This shall help the students to develop and in-depth understanding and
critical thinking.

Module-1Jurisdiction under International law: This module shall introduce the students
to the concept of jurisdiction, the different types of jurisdiction, different principles to
determine jurisdictional competence under international law.

1.1.Concept of jurisdiction
1.2.Kinds of jurisdiction under international law
1.3.Territorial jurisdiction
1.4.Extra-territorial jurisdiction

THEORY AND SKILL COMPONENT: Doctrinal Understanding, Reading Skills

COURSE TAKEAWAY : At the end of the module the students will understand the
relevance of jurisdiction under international law, different kinds of jurisdiction and principles
for jurisdiction.

NUMBER OF HOURS: 12

Module 2: Universal Jurisdiction:


This module will introduce the students to the concept of universal jurisdiction. It will enable
the students to explore the international legal instruments and treaties endorsing universal
jurisdiction, the grounds for exercising universal jurisdiction and the challenges to
jurisdiction.
2.1. Introduction
2.2. Nature and scope of universal jurisdiction
2.3. Challenges in exercising universal jurisdiction
2.4 Quasi Universal Jurisdiction

THEORY AND SKILL COMPONENT : Doctrinal Understanding, Critical Thinking

COURSE TAKEAWAY: After completion of this module the students will understand what
is universal jurisdiction, what are is the rationale behind such a jurisdiction, what are the
sources of universal jurisdiction and what are the legal and political challenged faced for
execution such a jurisdiction .

NUMBER OF HOURS- 10 hrs

Module – 3 State practices on Universal Jurisdiction:


This module will explore the state practice with respect to the exercise of universal
jurisdiction in different jurisdictions and the legislative initiatives taken to accommodate
universal jurisdiction within the domestic criminal justice administration system.
3.1. India
3.2. European nations

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3.3. U.S.A

THEORY AND SKILL COMPONENT: Comparative Study, Research Skills

COURSE TAKEAWAY :After completion of this module the students will get a fair idea
about the state practice with respect to the exercise of universal jurisdiction by the domestic
courts and the challenges faced by the courts.

NUMBER OF HOURS- 22 hrs

Module – 4: Individual Responsibility Under Criminal And Civil Jurisdiction


This module aims at exposing to the students various issues faced by the domestic courts
while exercising universal jurisdiction and attributing responsibility to the nationals of non-
party states, sitting heads of the states, corporations etc.

4.1. Responsibility of nationals of non-party states to treaties


4.2. Challenges in prosecuting sitting Head of the States
4.3 Corporate Liability and International Crimes
4.4 Liability of foreign investors under Alien Tort Statute

THEORY AND SKILL COMPONENT: Analytical, Research, Critical Thinking

COURSE TAKEAWAY- This module will enable the students to explore various issues
faced by the domestic courts while attribution of responsibility over the perpetrators.

NUMBER OF HOURS- 18 hrs

Module 5: Adoption of Universal Jurisdiction in Domestic Legislation


This module will introduce the students to the contemporary state practices of adopting
universal jurisdiction within the domestic framework with respect to matters which are
conventionally are not recognized as “international crimes”.
5.1. Universal Jurisdiction and Terrorism
5.2. Universal Jurisdiction in Money Laundering and Corruption
5.3. Universal Jurisdiction in Organized Crime.

THEORY AND SKILL COMPONENT: Analytical Skill, Critical Thinking Skill, Research
Skill.

COURSE TAKEAWAY: This module will enable the students to critically analyze the
contemporary state practices of adopting universal jurisdiction within the domestic
framework with respect to matters of terrorism, organized crime , corruption etc.

NUMBER OF HOURS : 12 hrs

(CASE REFERENCES)

i) Anglo Norwegian Fisheries Case (The United Kingdom v Norway [1951] ICJ 3
ii) Nottebohm Case (Liechtenstein v. Guatemala) [1955] ICJ 1

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iii) S.S.Lotus Case (France v Turkey) (1927) PCIJ Series A no 10, ICGJ 248 (PCIJ 1927)
iv) Arrest Warrant Case (Democratic Republic of Congo v. Belgium) [2002] ICJ
v) Attorney General of the Government of Israel v Adolf Eichmann 36 ILR 5 (1961)
vi) R v Bow St Metropolitan Stipendiary Magistrate ( Ex Parte Pinochet No. 1, 2 and 3)
[1998] UKHL 41, [1999] UKHL 17,[2000] 1AC 61
vii) Kiobel V. Royal Dutch Petroleum Co. Et Al. 569 U.S.108
viii) Filartiga v. Pena-Irala, 630 F.2d 876 United States Court of Appeals, Second Circuit.
ix) Belgium v. Senegal, I.C.J. Reports [2012] ICJ 4
x) Jesner v. Arab Bank 584 U.S

TEXT BOOKS ( 3 BOOKS)

1. Malcolm Shaw. International Law (8th ed.). Cambridge: Cambridge University Press.
2017.
2. Luc Reydams. Universal Jurisdiction : International and Municipal Perspectives.
Oxford University Press 2003.
3. Aisling O Sullivan. Universal Jurisdiction in International Criminal Law: The Debate
abd Battle for Hegemony. Routledge 2017.

REFERENCE BOOKS :( 6 REFERENCE BOOKS :

1. Globalisation and Jurisdiction, Authors: Slot, Piet Jan, (1st edition 2004) Publisher:
Kluwer Law International.
2. Jurisdiction in International Law, Authors: Ryngaert, Cedric. (1st edition 2008)
Publisher: Oxford University Press
3. Macedo, S. (ed). (2004). Universal Jurisdiction: National Courts and the Prosecution
of Serious Crimes under International Law, (21), Philadelphia: University of
Pennysylvania State.
4. A Global Law of Jurisdiction and Judgments Lessons from the Hague, Author:
Barcelo John J. Clermont and Kevin M. (1st edition 2002) Publisher: Kluwer Law
International.
5. Criminal Jurisdiction: 100 years after the Hague Peace Conference, Authors:
Genugten, Willem J.M. etal. (1st edition 2009) Publisher: TMC Asser Press

Researched Articles Reference:

1. Amnesty International Publication. (2012). Universal Jurisdiction: Strengthening this


Essential Tool ofInternational Justice, London.
2. Amnesty International. (2012). Universal Jurisdiction: A Preliminary Survey of
Legislation Around theWorld-2012, AIIndex: IOR 53/019/2012,Ch.1,(7).
3. Amnesty International, Universal Jurisdiction: The Duty of states to enact and
implement legislation AI Index: IOR53/003/2001, September 2001‟ Ch.1.(11).
4. Amnesty International Public Statement (2015). Index: MDE23/012/2015 [2.2.2015].

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5. . Haberfeld,M., King,R., Joseph, F. & Lieberman, C.A.(2009). Terrorism within
Comparative International Context-The Counter-Terrorism Response and
Preparedness, New York: Springer, (126).
6. Donald Francis Donovan and Anthea Roberts, The Emerging Recognition of
Universal Civil Jurisdiction. The American Journal of International Law, Vol. 100,
No. 1 (Jan., 2006)
7. Michael P. Scharf, Application of Treaty-BasedUniversal Jurisdiction to Nationals
ofNon-Party States. New England Law Review, Vol. 35(2).
8. Luz E. Nagle, Terrorism and Universal Jurisdiction: Opening a Pandora's Box, 27
Ga.St. U. L. Rev. 339 (2011)
9. Universal Jurisdiction to End Impunity for Acts of Terrorism Once and for All, 32
N.Ill. U. L. Rev. 75 (2011).
10. Fry, J. Terrorism as a Crime against Humanity and Genocide: The Backdoor to
Universal Jurisdiction, 7 UCLA J. Int'l L. & Foreign Aff. 169 (2002)
11. Clay, D. Protecting Due Process During Terrorism Adjudications: Redefining
"Crimes Against Humanity" and Eliminating the Doctrine of Complimentary
Jurisdiction in Favor of the International Criminal Court, Akansas Law Review 71 3
(2019).
12. Kane,T. Prosecuting International Terrorists in United States Courts: Gaining the
Jurisdictional Threshold, Yale Journal of International Law, vol 12 Issue 2 (1987).
Books for advanced Reading: (Texts books, articles and commentaries)

1. Sarah Mazzochi, The Age of Impunity: Using the Duty to Extradite or Prosecute and
2. Joel Slawotsky, “Are Financial Institutions Liable for Financial Crime under the Alien
Tort Statute”; 15 U. Pa. J. Bus. L. 957; (2013).
3. 19 Ernest A. Young; “Universal Jurisdiction, the Alien Tort Statute, and
Transnational Public-Law Litigation after Kiobel”; 64 Duke L.J. 1023; (2015).
4. 20. William A. Reinsch; “Economic Implications of the Alien Tort Statute”; 43 Geo.
J. Int'l L. 1027 (2012)
5. Donnelly, P. Extraterritorial Jurisdiction Over Acts of Terrorism Committed Abroad
Omnibus Diplomatic Security and Antiterrorism Act of 1986, 72 Cornell L. Rev. 599
(1986-1987).
6. Bradley, C. Universal Jurisdiction and U.S. Law, 2001 U. Chi. Legal F. 323 (2001).
Module Skill Component
1. Jurisdiction under International Doctrinal Understanding, Reading Skills
law
2. Universal Jurisdiction Doctrinal Understanding, Critical Thinking
3. State practices on universal Comparative Study, Research Skills
jurisdiction
4. Individual responsibility under Analytical, Research, Critical Thinking
criminal and civil jurisdiction
5. Adoption of Universal Jurisdiction Analytical Skill, Critical Thinking Skill,
in Domestic Legislation Research Skill.
Resource Persons: (Tentative)

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National

3. Prof. (Dr) Nirmal Kanti Chakrabarti


Vice Chancellor , WBNUJS, Kolkata
Email: nkchakrabarti@gmail.com
4. Dr. Ravindra Pratap
Associate Professor and Associate Dean, South Asian University, New Delhi
Email: ravindrapratap@sau.int
5. Prof (Dr) Manoj Kumar Sinha
Director, Indian Law Institute , New Delhi
Email: manojkumarsinha5@gmail.com
6. Prof. (Dr) Vesselin Popovski
Professor & Vice Dean, Centre for Study of United Nations, O.P.Jindal Global
University.
Email: vpopovski@jgu.edu

International

1. Prof. (Dr) Sanoj Rajan


Distinguished Professor of International Law at Zhejiang Gongshang University
Email: sanojrajan@hotmail.com
2. Ms. Petra Miriam Kocen
Junior Associate at District Prosecutor’s Office, Ljubljana, Slovenia.
Email: petra.kocen@gmail.com

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5611:Law and Public Policy (Honours Paper-1)
(Sem 09/ Paper No 10)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

COURSE DESCRIPTION:

The course is designed to provide students with an introduction to essential aspects of law
and public policy, so as to equip them with an understanding of the institutional structure of
public policy formulation and implementation, the basic skills necessary to access,
understand and use law, in developing legitimate and effectiveness policies.

LEARNING OBJECTIVES:

1. To understand the scope and significance of public policy.


2. To describe the different types of public policy.
3. ns of various stakeholders in policy making
4. To understand the political, financial and legal challenges in the implementation of
policy.
5. To analyse the cycle of selected public policies.
6. To make the students well-versed with the veracity of law and public policy.

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TEACHING METHOD :

Materials, both in print, as well from the web shall be employed to provide with source
documents, concerning the Law and Public Policy. The classes shall be in the form of
presentations/discussions, on the topics included in the syllabus, in as comprehensible a
manner as possible. The students are also required to submit a brief write-up, on the topic of
their presentation/discussion.

MODULE – I: Introduction to Public Policy


1.1 Concepts of Public and Policy
1.2 Public Policy-Nature, Scope and Significance
1.3 Types of Public Policy: Regulatory, Welfare, Distributive and Re-distributive
1.4 The Policy Cycle: Formulation, Implementation and Evaluation
1.5 Models of Public Policy: Systems Model - Lasswell, Simon and Lindblom

Theory and skill component to be identified:

Course takeaway ( should be related to issues ans questions): To predict the probable
administrative resolutions of simulated policy disputes.

Number of hours : 15 hrs

MODULE – II: Theories of Public Policy

2.1 Group Theory


2.2 Elite Theory
2.3 Institutionalism
2.4 Incrementalism
2.5 Rationalism: Policy as Maximum Social Gain
2.6 Public Choice theory: Policy as Collective Decision Making
2.7 Game Theory: Policy as Rational Choice

Theory and skill component to be identified:

Course takeaway (should be related to issues ans questions): To read, understand and use
theories to construct policy centric points.

Number of hours: 15 hrs

MODULE – III: Public Policy Making in India

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3.1 Constitutional Framework for Policy Making: Legislature, Executive and Judiciary
3.2 Role of Statutory/ Other Constitutional Institutions: NITI Ayog and National
Development Council
3.3 Other Institutions & Forces in Policy Making: Political Parties, Media and Interest/
Pressure Groups, Public Opinion, Political Parties and Professional Bodies
3.4 External Agencies Influencing Public Policy: UNDP, WHO, ILO, UNEP, ADB, World
Bank, and IMF

Theory and skill component to be identified:

Course takeaway (should be related to issues ans questions): To draft a policy predicting the
probable plan of actions of a simulated policy dispute in a form that conforms to basic
professional conventions regarding analytic support, organization and style.

Number of hours : 15 hrs

MODULE – IV: Arenas of Policy Intervention

4.1 Industrial Policy


4.2 Agricultural Policy & Land Reforms
4.3 Rural & Urban Development Policy
4.4 Environmental Policy- Climate Change Adaptation & Mitigation Strategies

Theory and skill component to be identified:

Course takeaway (should be related to issues ans questions): To read, understand and use
policies and other plan of actions to solve policy bases problems or construct policy based
arguments.

Number of hours: 14 hrs

MODULE – V: Issues & Challenges for Public Policy

5.1 Global Political Economy of Development Policy


5.2 State, Market and Regulatory Institutions
5.3 Science, Technology and Public Policy in India
5.4 Public Policy and Local Governance- Decentralization Debates

Theory and skill component to be identified:

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Course takeaway (should be related to issues ans questions): To

Number of hours: 13 hrs

6 Modules in General and 5 Modules in Honors.

(CASE REFERENCES)

11. Romila Thapar v. UOI, On 28th September 2018


12. Government of NCT of Delhi v UOI, C. A. No. 2357 of 2017
13. K.S. Puttaswamy v. UOI, On 26th September 2018
14. Indian Young Lawyers Association v. State of Kerala
15. Indian Young Lawyers Association v. State of Kerala
16. Joseph Shine v. Union of India
17. Government of NCT of Delhi v. Union of India
18. Tehseen Poonawalla v. Union of India
19. Public Interest Foundation v. Union of India
20. Jarnail Singh v. Lacchmi Narain Gupta
Please identify 10 important cases only.

TEXT BOOKS ( 3 BOOKS)

 Sapru, R.K., 2010, Public Policy:Art and Craft of Policy Analysis, New Delhi: PHI
Learning Private Limited.
 Anderson J.E., 2006, Public Policy-making: an introduction, Boston, Houghton
 Birkland Thomas A., 2005, An Introduction to The Policy Process: Theories,
Concepts, And Models of Public Policy Making, 2nd Edition, Armonk; M.E. Sharpe.

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REFERENCE BOOKS :( 6 REFERENCE BOOKS )

 Bhattacharya, Mohit, 2008, New Horizons of Public Administration, New


Delhi:Pearson.
 Chakrabarty, Bidyut and Prakash Chand, 2012, Public Administration in Globalizing
World:Theories and Practices, Sage Publications India Pvt.Ltd.
 Dey, Prabir Kumar, 1989, Public Policy and System, New Delhi: Pearson.
 Dror,Yehezkel,1974, Public Policy making Reexamined, SanFrancisco: Leonard Hill
Books.
 Dye, Thomas R.,2004,Understanding Public Policy (3rd Edition)
 Frohock, Fred M., 1979, Public Policy: Scope and Logic, New Jersy: Prentice-Hall.
Researched Articles Reference: ( 3-4 )

Books for advanced Reading: (Texts books, articles and commentaries )

 Gerston, Larry N., 1974, Public Policy Making: Process and Principles (2nd
Edition), New York:M.E.Sharpe, Armonk.

 Hill Michael, 2005, The Public Policy Process, Harlow, UK; Pearson Education,
5th Edition.

 Presthus, Robert, 1975, Public Administration (6th Edition). NewYork: The


Ronald Press Company.

 Parsons Wayne, 1995, Public Policy: An Introduction to the Theory of Policy


Analysis, Aldershot, U.K.; Edward Elgar.

 Rathod P.B., 2005, Framework of Public Policy: The Discipline and its
Dimensions, NewDelhi; Commonwealth.

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Module Skill Component

Module 1: Introduction to Public Policy Lecture method, audio-video method

Module 2:Public Policy Theories Lecture, interaction

Module 3:Public Policy Making in India Lecture, guest lecture, virtual interaction
etc.

Module 4:Arenas of Policy Intervention Group Discussion, debates, Exploration etc.

Module 5: Issues & Challenges Discussions, debates, moot etc.

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Resource Persons

1. International

Name:

1. Aleksander Grebieniow, The University of Warsaw, Faculty of Law and


Administration, Adjunct since 2016

2. Radosveta Vassileva. She is a legal scholar and social advocate. Short biography: PhD
in Law, University College London (2016); LLM in Economic Law, Sciences Po Paris
(2009); LLM in Global Business Law, Université Paris 1 Panthéon-Sorbonne (2009); BA
in International Relations, Tufts University, USA (2007)

3. Alessandro Palmieri, He is currently an Associate Professor of Comparative Private


Law at the Law Department of the University of Siena (since 2005).

Contact details:

2. National

4. Madhavi Goradia Divan, She regularly contributes her thoughts to news forums like
the Indian Express and has written a book titled Facets of Media Law.

5. Priya Hingorani, She has worked on cases involving diverse areas of law such as
taxation, customs and excise, insurance, family and matrimonial law, commercial law,
labour and service law, human rights, and constitutional law.

6. Menaka Guruswamy, She represented the IIT students of the LGBTQIA+ community
in the Navtej Johar case in the SC which led to the partial scrapping of Section 377 of the
Indian Penal Code

7. Aishwarya Bhati, She recently represented the Armed Forces for a petition that
challenged a large number of cases that are filed against soldiers working in areas where
the Armed Forces Special Powers Act is in force. She argued that these men are
prosecuted for performing their duties and should be guaranteed some extent of
immunity from wrongful prosecution.

8. Zubair Ahmed, GGSIP University

9. Gurujit Singh, GGSIP University

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5911: International Taxation (Honours Paper-1)
(Sem 09/ Paper No 11)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

COURSE DESCRIPTION:

Taxation has always been considered as the major source of revenue for the any government.
But when it comes to cross border transactions due to jurisdictional clashes countries loose a
huge amount of tax revenue. In this paper the students will be made aware about various tax
provisions in our country which regulate foreign transactions. The student shall also be
taught various tools of Interpretation used for Interpreting taxation Statutes which will help
them in interpreting tax related international treaties.

LEARNING OBJECTIVES:

 This paper will address the different topics of international taxationlaw


 To understand major principles of international tax and treaties
 To understand the taxation in terms of jurisprudence, constitution, broader policy
issues and statutes and businessenvironment

COURSE OUTCOME

 Student will obtain an overview of the framework of international taxationlaw


 Students will know how to interpret taxtreaties
 Student will able to guide the assessee on income taxplanning in cases of
International Transactions

TEACHING METHOD:

The paper will be taught by the combination of lectures, seminars, practical examples using
case laws, discussion and consultation with the experts.

COURSE OUTCOME

By the end of the course the student shall have a comprehensive understanding of the concept
of Income tax and would be well versed with the procedures and practices of the Income tax
department in computation and assessment of tax liability of an assessee. The student would
also get a detailed understanding of the procedure for effective tax planning by using the
benefit of deduction available to them under Chapter VIA
MODULE 1: PRINCIPLES OF INTERNATIONAL TAXATION

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1.1.
Basic Principle of International TaxLaws
1.2.
Genesis of international tax law
1.3.
Taxation of Non-ResidentEntities
1.4.
Tax evasion, Tax Avoidance and Tax Planning
1.5.
Case Laws
 Calcutta Chromotype Ltd. Vs CCE, Calcutta-1998 (99) ELT 202(SC)
 CGT Vs Satya Nand Munjal -2003(128) Taxmann 892 (P&H HC DB)
 Mc Dowell & Company Ltd. v The Commercial Tax Officer, [1985] 3 SCR
791.
 Sankarlal Balabhai v. ITO (1975) 100 ITR 97
 Vodafone International Holdings B.V. Vs UOI–2012 (204) Taxmann 408
(SC)
Theory and Skill components-

A conceptual clarity on various terminologies that shall be covered across all the modules
with respect to International Taxation

Course Takeaway: The students would be able to understand the meaning and definition
of important terms that are connected with international taxation that shall provide them a
strong base in understanding the complex concept in the upcoming modules.

No. Of hours: 15

MODULE 2: JURISDICTION TO TAX


2.1. State practice in exercising taxjurisdiction
2.2. Concepts of source and situs; use of residence, domicile and citizenship as
connecting factors
2.3. State practice in determining residence of individuals andcorporations
2.4. Permanent Establishment: Concept and tax issues
2.5. Place of Effective Management
2.6. Case Laws
 Radha Rani Holdings vs. ACIT [2007] 110 TTJ Delhi 920
 Saroj Kumar v. I.T. Commissioner, AIR 1959 SC 1252
 Comptroller of Income Tax v AQQ and another appeal, [2014] SGCA 15.
 Commissioner of Income Tax, Punjab v. R. D. Aggarwal & Co 1964
Indlaw SC 254
 Vodafone International Holdings B.V. v. Union of India and Anr., [2012] 1
S. C.R. 573.
Theory and Skill components- Developing the understanding of Jurisdictional Issues and
settlement of such conflicts in the area of International Taxation.

Course Takeaway: At the end of the module student would be able to understand various
jurisdictional issues and the state practice in resolving amicably such issues of Jurisdiction.
A number of Cases and Case studies shall be discussed with respect to jurisdictional
conflicts and verdict of the Supreme Court and other High Courts to resolve such conflicts.
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No. Of hours: 15

MODULE 3: TRANSFER PRICING


3.1. Transfer Pricing provisions under the Income Tax Act 1961
3.2.The Concept of Associated enterprise
3.3.Arm’s LengthPrice
3.4.Advance Pricing Agreements as a plausible solution
3.5.InternationalTransactions
3.6.Case Laws
 Orchid Pharma Limited v Deputy Commissioner of Income Tax 2016 SCC
OnLine ITAT 12571
 M/s LG Electronics India Pvt. Ltd. v Assistant Commissioner of Income
Tax, MANU/ID/0036/2013
 Maruti Suzuki India Limited vs. CIT, 2015 SCC OnLine Del 13940.

Theory and Skill components- To understand various TP regulations in our countries and
various concepts and methods associated with the Transfer Price Calculation and
Assessment

Course Takeaway: The students would be able to understand the concept of Transfer
Pricing and at the end of the module would be able to understand completely how Transfer
Price is calculated

No. Of hours: 18

MODULE 4: INTERNATIONAL TAX AVOIDANCE


4.1.Double Tax Avoidance Agreement
4.2.TaxHavens
4.3.Domestic law approaches to international taxavoidance
4.4.Money-laundering legislation and international taxavoidance
4.5.General Anti Avoidance Rule
4.6.Case Laws
 Commissioner of Income-Tax versus Davy Ashmore India Ltd., 190 ITR
626
 Kikabai Premchand versus CIT, 1953 Indlaw SC 77.
 Union of India versus Azadi Bachao Andolan 2003 Indlaw SC 823
 CIT v Divine Leasing and Finance, 299 ITR 268 (2007).
 CIT v Stellar Investments 192 ITR 287 (2007)

Theory and Skill components- Discussion on various provisions of tax liability under the
Head of Salary. Computation of Income from Salary based on various perks and
Perquisites offered by the employer.

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Course Takeaway: Understanding income earned under the head of salary, computation of
tax liability and filing of tax return using the SAHAJ platform

No. Of hours: 12

MODULE 5: CONTEMPORARY DEVELOPMENTS


6.1. Taxation of MultinationalEnterprises
6.2. Taxation of Cross BorderMergers and Acquisition
6.3. Ecommerce: Concept, Tax issues, GST provisions and Equalization Levy
6.4. Goods and Service Tax and International Taxation
Theory and Skill components- Debate and Discussion on various current and
contemporary issues in International Taxation

Course Takeaway: At the end of the module student would be able to understand various
contemporary issues like that of Equilization Levy, GST issues in International Taxation,
Cross Border Merger related tax issues amongst others.

No. Of hours: 12

Text Books
1. Basic International Taxation (Vol II)by Roy Rohatgi (TaxmannPublication)
2. Principles of International Taxation: Model Double Taxation Conventions with an
Analysis of India's Tax Treaties and Special Regard to the International Construction
Industry by Karl Sonntag and C. S.Mathur

Reference Books
1. International Taxation Handbook: Policy, Practice, Standards and Regulations by
Colin Read and Greg N.Gregoriou
2. International Taxation in a Nutshell by Richard L.Doernberg
3. International Taxation Module (Monthly) (TaxmannPublication)
4. International Taxation of Permanent Establishments: Principles and Policy by
Michael Kobetsky (cambridge tax lawseries)
5. International Taxation: Transfer Pricing & Information on Nonpayment of Tax by By
Southgate Publishers
6. Law & Practice Relating to Permanent Establishment by AshishKarundia
7. Law and Practice Relating to General Anti Avoidance Rules (GAAR) by D.P.Mittal
8. Principles of International Tax Planning by RohitGupta
9. Principles of International Taxation by Angharad Miller, LynneOats
10. Taxation of Cross- Border Services by RadhakishanRawal
11. Transfer Pricing in India since Inception to BEPS by S CMishra

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MODULE SKILL COMPONENT

I Understanding various terms and terminologies with respect to


International Taxation

II Jurisdictional issues with respect to international taxation

III Understanding of Transfer Pricing regulation and Transfer Pricing


Assessment Procedure

IV Understanding various kinds on International Tax Avoidance measures


and regulations to keep checks and balances on such tax avoidance

V Creating awareness of the students with respect to contemporary issues in


tax development

LIST OF RESOURCE PERSONS

International

Professor Dr Sjoerd Douma Professor Peter Harris

Email Id: douma@lubbersboerdouma.com Churchill College, University of Cambridge

pah1007@cam.ac.uk

National

Ishan Bhatt CA Vijay Sarda

Junior Partner Lakshmikumaran Sreedharan Contact No: 8956651954

Ishan.bhatt@lakshmisri.com

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5813: INTELLECTUAL PROPERTY MANAGEMENT (Honours Paper-2)
(Sem 09/ Paper No 12)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors
Course Description: The paper is the last paper in the IPL honors course and will introduce
the student to various modes and methods of utilization of IP assets and rights to derive
optimum value and to enhance commercialization of the same.

Learning Objectives:
1. This paper to help in introducing prudent IP management practices to
promote an IPR culture.
2. The paper will involve a comprehensive discussion of business and
transactional strategies employed by firms and organizations to enhance the
commercial value of their IP assets.
3. This paper gives a unwavering focus on the basic aspects of IP laws, which
the students have studied in the past papers of the course.
4. This paper will help them respond to hypothetical fact situations of being
advisors to company having intellectual property assets in the class, will
develop their ability to think critically.

5. It will help the concerned students imbibe the legal rationale of the
importance of commercializing intellectual property.

Teaching Method: The teaching learning methodologies that will be employed are:
 Lectures.
 Class discussion.
 Review and study of actual cases.
 Analysis of hypothetical fact situations.
 Interaction with industry personnel.
Module I: Intellectual Property Management: Introduction And Overview

In this module the community of entities interested in the management of intellectual


property is identified. The justification for the establishment of intellectual property

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management (IPM) as a discipline separate from the legal practices of intellectual property
rights (IPR) protection and enforcement is explained.

1.1 Meaning and concept of IPManagement.


1.2 Need for IPManagement.
1.3 Essentials of IPManagement.
1.4 IP Management and ImplementationStrategies.
1.4.1 IP audit mechanism andpractices.
1.4.2 Building and Implementing IP ManagementPlan
1.4.3 IP PortfolioManagement

Course Takeaway: Aim and Need for IP management in current times.

Skill component: Common practices being carried out while managing IP in various sectors
in India.

No. of Hours: 10

Module II: Intellectual Property Valuation andAudit


In this module we will understand what is meant by assets, IP assets, value and IP valuation,
the reasons or the circumstances that call for the conducting of an IP valuation and auditing.

2.1 What is valuation - Concept, Meaning andImportance.


2.2 Tangible and intangibleassets- Subject matter
2.3 Valuation of tangible and intangible assets:Techniques
2.4 General Methods and Techniques of IPValuation
2.5 Issues and challenges surrounding valuation ofassets (Global Innovation Index and
IPM)

Course Takeaway: Understanding various dynamics of IP valuations as per the assets.

Skill component: Calculating and comparing the valuation of assets over all.

No. of Hours: 10

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Module III: Commercialization and Management of Intellectual
Property

IP is an important intangible asset that can complement the tangible assets of any
business.Commercialization of IP means extracting value from the IP by marketing a new
product, production method, or service based at least partly on the IP.

3.1 Traditional IP and EvolvingIP


3.2 Patent Pool Negotiations, Defensive Publications, TechnicalDisclosures
3.3 Patent Pooling and PatentTrolling, Patent Mining, Patent Landscaping and
PatentMapping
3.4 Management of IP in Industries: Pharmaceutical, Publishing and Digital Medium
3.5 Brand Management & Brand and PricingStrategies

Course Takeaway: Understanding core principles and strategies of commercializing IP in the


market.

Skill component: Drafting agreements for various patent managing purposes and observing
validity of such agreements in Indian context.

No. of Hours: 12

Module IV: Licensing, Merchandising and Franchising of Intellectual


Property

This module will help us understand the to improve revenue; improve competitive advantage;
exploit the IP assets; extend the brand/brand image; enhance business reputation; and raise
finance/funds (e.g. using IP assets as a collateral to attract investors).

4.1 Assignment and licensing of IPRs and its impact oncommercialization.


4.2 Merchandising concepts, nature, practices andimplications.
4.3 Franchising and modes of Franchising of IntellectualProperty
4.4 Structure, mechanism and attributes of franchiseagreements.

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Course takeaway: Legal reasoning and application of the IT Act by interpreting listed crimes
and unlisted crimes within the statutes.

Skill Component: Legal actions and procedures of handling of cyber crime

Number of hours: 14

Module V: Competition Laws and IP Management


To provide an understanding of the law relating to Intellectual Property and Competition in
India

5.1 The relationship and Interaction between IPR and competition law

5.2 Indian Competition Act and IPR protection

5.3 Anticompetitive agreement and abuse of dominance in IPR protection

5.4 IPR issues in merger and acquisition

5.5 Harmonization of IP protection and competition Law in India

Course Takeaway: The similarities and dissimilarities of the concept of ‘competition’


between Intellectual Property Rights and Competition law.

Skill component: Learning harmonizing IPR with competition law for innovation
encouragement as well as for social and economic welfare.

No. of Hours : 14 hours

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Leading Cases/ Case Law
1. Ethiopia and the Starbucks Story
2. Fortuna Federn/Phoenix: How bitter experience changed a company’s IP approach
3. Jet Airways Controversy
4. Valuation done for Premium Vodka Brand
5. A Strategic Framework for Technology Valuation in Agriculture and Allied Sectors in
India
6. Gujarat Bottling Co. Ltd. and others v. Coca Cola Co. and others;
MANU/SC/0472/1995
7. Kingfisher vs Competition Commission of India; Writ petitions no. 1785 of 2009.
8. Entertainment Network (India) Limited v. Super Cassette Industries Ltd; 2008(5) OK
719.
9. Aamir Khan Productions Pvt. Ltd. v. Union of India ; (2010) 112 Bom L R 3778.
10. Union of India v. Cyanamide India Limited &Another AIR 1987 SC 1802.

Text Books

1. The Management of Intellectual Property, Derek Bosworth, Elizabeth


Webster
2. Green Innovations and IPR Management, Andree Kirchner, I.
Kirchner-freis

Articles and References


1. L.T.C. Harms; A Casebook on the Enforcement of Intellectual Property Rights;
4thEdn.,2018
2. https://www.wipo.int/ipadvantage/en/search.jsp?ip_right_id=&focus_id=582
3. Dr. Reddy’s Pharmaceutical Company, Innovating India’s Pharmaceutical
Industry,2010, Available
athttps://www.wipo.int/ipadvantage/en/details.jsp?id=2659
4. Council of Scientific and Industrial Research, Licensing to Save Lives, 2012,
Available athttps://www.wipo.int/ipadvantage/en/details.jsp?id=2916
5. "Valuation of Intellectual Property: What How and Why" 2003 September WIPO
Magazine
http://www.wipo.int/wipo_magazine/en/pdf/2003/wipo_pub_121_2003_09-
10.pdf

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6. Dennis Crouch "Federal Circuit Remands Patent Pool Misuse Case: Issue of
Improperly Sequestering Alternative Technology" Patent Law Blog (Patently-O),
29 April, 2009,http://patentlyo.com/patent/2009/04/federal-circuit-remands-
patent-pool-misuse-case- issue-of-improperly-sequestering-alternative-
technology.html
7. WIPO "Technological and Legal Developments in Intellectual Property" in
Intellectual Property Handbook: Policy, Law &Use (WIPO Publication No. 48
(E)) 2nd ed (2004) Chapter 7 pages 435-457 http://www.wipo.int/about-ip/en/iprm
8. Kevin G Rivette & David Kline "Discovering new value in intellectual property",
Jan-Feb 2000, Harvard Business Review 54, https://hbr.org/2000/01/discovering-
new-value-in- intellectual-property
9. K.D. Raju, "The Inevitable Connection between Intellectual Property and
Competition Laws", Journal of Intellectual Property Rights

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Module Skill Component

Module I: Intellectual Property Management: Common practices being carried out while
Introduction And Overview managing IP in various sectors in India.

Calculating and comparing the valuation of


assets over all.
Module II: Intellectual Property
Valuation andAudit.
Drafting agreements for various patent
managing purpose and observing validity of
Module III: Commercialization of such agreements in Indian context.
Intellectual Property
Legal actions and procedures of handling of
cyber crime.
Module IV: Licensing, Merchandising
and Franchising of Intellectual
Property
Look at various changes and solutions in IP
management in pharma, biotech and business
Module V: Competition Laws and IP aspects.
Management

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Resource Persons:

International:

1. Pulkit Popli, Intellectual Property Consultant, Sydney

Email: pulkitkuk@gmail.com

2. Luca Valente

Email: valente@inlawation.com

3. Giovanna Paola Girardi

Email: giovanna@gpgirardi.com

National:

1. Prof. A . Damodaran, Professor, IIM Bangalore

Email: damodaran.an@gmail.com

2. Dr. K.D Raju, Associate Professor, IIT Kharagpur

Email:rajukd@gmail.com

3. Dr. Gauri Ashok Gargate, Assistant Professor, IIT Kharagpur

Email: gauri@rgsoipl.iitkgp.ac.in

4. Gaurav Mishra, IP Manager, BananaIP Counsels

Email: gaurav@bananaip.com

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9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5513: Comparative Criminal Procedure (Honours Paper-2)
(Sem 09/ Paper No 13)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

Course Description

The subject of comparative criminal procedure presents the various dynamics of Criminal
Procedure of different jurisdictions both Common Law and Civil Law and compares it with
that of India. The course offers comparative aspects of the roles of the police, prosecutor and
judges in the procedures of investigation, prosecution, trial and sentencing.

Learning Objectives/Course Outcomes

1) The student will be able to familiarise themselves with the basic types of Criminal Justice
Administration, viz. adversarial and inquisitorial.

2) The student will be able to analyse the investigation by police in India, U.S., U.K and
Wales, Scandinavian countries, German

3) To enable the students to evaluate the procedural distinctions in the prosecution in India
and other Civil law and Common Law Countries.

4) To enable the students to understand the trial process and fair trial principles in India and
other Civil law and Common Law Countries.

5) To understand and appreciate the sentencing process in India and other Civil law and
Common Law Countries.

Teaching Learning Method:

To hone the maximum value assimilation of the subject, the teaching learning process
includes – (1) ‘mixed hybrid of group discussion’, (2) Case-Studies, (3) Case-Law Analysis,
(4) Research Problem Formulation, (5) Survey of Contemporary Research Material (6)
Lecture and Special Lectures with clinical data.

Outcome Measurement:

• Information measurement test (Memory level test) – 20%

• Research and writing – 20%

• Group discussion and presentation– 10%

• Application text in resolutions through end-test – 50%

698
Module – 1

Dynamics of Criminal Justice Administration: Criminal Justice Administration is aimed at


regulation of human conduct and enables the Sate to govern. TheStake Holders of Criminal
Justice System- Police, Courts, Prosecutor, Defense Attorney, Correctional Homes,
Probation Officers are bestowed with different powers and obligations under the laws of
different jurisdictions.

1.1 Conceptualization of the Criminal Justice Administration and theStake Holders of


Criminal Justice System- Police, Courts, Prosecutor, Defense Attorney, Correctional Homes,
Probation Officers
1.2 Common Law v. Civil Law Tradition- Evolution and distinguishing features of Criminal
Justice Process
1.3 Adversarial System and its characteristics and distinguishing features from Inquisitorial
System
1.4 Models of Criminal Process- Herbert L. Packer and additional models proposed by Kings

Theory- Evolution and features of the Common law and Civil law systems, differences in
Inquisitorial and adversarial systems and Criminal Justice Models

Course Take away- In this module the students will learn about the different traditions, types
and models of criminal Justice administrations across the globe.

Skill- Analytical, Inductive and Deductive reasoning, articulation, coordination with group
and presentation

No. of Hours- 10

Module- 2:

Role of the Police - Powers and Obligations: The object of this module is to make an in-
depth comparative analysis of the role of the Police in different jurisdictions of the world.

2.1 Role of the Police and its obligations under the Criminal Procedure Code 1973
2.3 Power to Investigate including registration, search, seizure, arrest, collection of evidence,
submission of Police Report, Preventive Powers
2.4 The system in operation in France and Germany
2.5 Police Powers in England, Scotland Yard Police - Power of Stop, entry, search, arrest and
detention
2.6 Police Powers some Developed Countries- Power of Stop, Frisk, entry, search, arrest and
detention, Safeguards under 4th Amendment to 14th Amendment of the US Constitution,
Rights of the Aarrestee.

Theory- Evolution and features of the Common law and Civil law systems, differences in
Inquisitorial and adversarial systems and Criminal Justice Models

699
Course Take away- The students shall be able to critically examine and compare police
powers and obligations under the CrPC, UK and US CJS and certain civil Law Countries
and also the challenges faced by them in the law enforcement mechanism.

Skill- Comparative analysis, Inductive and Deductive reasoning, articulation, coordination


with group and presentation

No. of Hours- 15

Module-3

Prosecution and its Role in Criminal Justice and Pre-trial Procedures: Prosecution
process sets the tone for the trial of a criminal case and the prosecutor is a key functionary in
that. This module presents role of prosecutor and its powers under the CrPC, UK and US and
certain civil Law Countries.

3.1 Prosecuting agency in India under the Criminal Procedure Code 1973.
Framing of Charge-Procedure and Considerations under the Criminal Procedure Code 1973,
3.2 Charging Process – Application of the Full Code Test and Threshold Test. Case management
and Prosecution under the UK system
3.3 Charging Process in the USA. Role of the prosecutor and charging decision, plea bargaining
3.4 Charging and prosecution in Civil Law Countries

Theory- Framing of charge, basis of charging in UK& US, Plea-bargaining, prosecutorial


discretion

Course Take away- The students shall be able to make an in-depth comparative analysis of
the role of the pre-trial procedures, especially the charging process and its determinants in
different jurisdictions of the world.

Skill- Comparative analysis, Inductive and Deductive reasoning, articulation, coordination


with group and presentation

No. of Hours- 15

Module-4

Principle of Fair Trial and Dynamics of Trial Process:During the trial process there is
always an effort to balance the rights of the accused with the need to have swifter
administration of justice. With this background the module explores fair trial principles
under different jurisdictions and examines the laws relating to the trial process under the
CrPC, UK and US CJS and certain civil Law Countries.

4.1 Structure and Hierarchy of Courts in India


Trial Process in India under the Criminal Procedure Code 1973, Sessions trial, trial of warrant
cases and summons cases and summary trial*
4.2 System of Courts in UK, Trial Process in UK, Jury system
4.3 Federal Structure and system of Courts in US

700
Jury system, Preliminary hearing, Grand Jury hearing, Presentment and Arraignment
4.4 System of Courts and Trial Procedure in Continental Countries
4.5 Concept of Fair Trial under the Indian Constitution
Abuse of Process and Stay of Prosecution under the UK System
Pre-Trial Motions and Trial Process in US

Theory- Different types of Trials under CrPC, Trial procedures in US, UK and Civil Law
jurisdictions, Fair trial principles.

Course Take away- The students shall be able to critically evaluate the differences in the
structure of courts and the trial procedures, especially the jury system.

Skill- Comparative analysis, Research, articulation, coordination with group and


presentation

No. of Hours- 15

Module- 5

Sentencing Practices (Intra mural and Extramural):Sentencing process involves the


implementation of the penal policy etched in the penal laws. The various modes of sentences
have specific outcome-expectations. This module explores the different types of Intra-mural
and Extra mural sentences available under the CrPC, UK and US CJS and certain civil Law
Countries.

5.1 Punishment under Section 53 IPC

5.2 Pre-Sentence Investigation in US, sentencing process and sentencing decisions and
discretions in India
5.3 Application of Determinate Sentencing Guidelines in the US and UK

5.4 Probation system- Its application under the Criminal Procedure Code 1973* and
Probation of Offenders Act and efficacy Comparison with US, UK and Continental
Countries

5.5 Parole System in US – Truth in Sentencing, Comparison with UK, India and Continental
Countries.

Theory- Types of punishment, Sentencing discretion, sentencing guidelines, extra-mural


sentencing practices

Course Take away- The students shall be able to critically evaluate the pros and cons of the
different types of sentences and process of sentencing.

Skill- Comparative analysis, Research, articulation, coordination with group, drafting of


sentencing guideline and presentation

No. of Hours- 10

701
Leading Cases/ Case Study:

1) Miranda v. Arizona 384 U.S. 436 (1966),


2) Mapp v. Ohio 367 U.S. 643 (1961)
3) P. Vijayan v. State of Kerala AIR 2010 SC 663
4) Environmental Agency v. Stanford (1998 C.O.D. 373 D.C.
5) Duncan v. Loisiana 391 US 145, 149 (1968)
6) Wood v. Georgia 370 US 375 (1962)
7) Vasquez v Hillery, 474 US 254 (1986)
8) Mukesh & anr vs State for NCT Of Delhi & Ors on 5 May, 2017
9) Mistretta V. US 488 US 362 (1989)
10) US v. Booker 543 US 20 (2005)

Textbooks:

1. K.N. Chandrsekharan Pillai (Rev.), R.V. Kelkar’s Criminal Procedure (5th ed., 2008)
2. K.I. Vibhute (Ed.), Criminal Justice (1st ed., 2004)
3. Singer, Richard G., Criminal Procedure II:From Bail to Jail, 2nd ed. (2011)
Referred and Advanced Reading (Reference Books & Articles):
1) Bloom,Robert M. ; Brodin,Mark S., Criminal Procedure:The Constitution and the
Police 6th ed.(2010)
2) Blond,Neil C., Criminal Procedure (2009)
3) Lippman, Mathew, Criminal Procedure (2011)
4) Walker,Samuel., The New World Of Police Accountability1st Ed.
5) Wakefield,Alison & Fleming,Jenny, The Sage Dictionary Of Policing 1st Ed.
6) Rowe,Michael, Introduction To Policing 1st Ed.
7) Gideon, Lior & Sung,Hung En, Rethinking Correction:Rehabilitation,Reentry and
Reintegration.
8) Turner,Jenia I, Plea Bargaining Across Borders 1st Ed.
9) John H.Langbein, Lloyd L. Weinreb, Continental Criminal Procedure “Myth” and
Reality, The Yale Law Journal, Volume 87 Number 8 1987
10) Neeraj Tiwari, Fair trial vis-à-vis criminal justice Administration: A critical study of
Indian Criminal Justice System, Journal of Law and Conflict Resolution Vol. 2(4), pp.
66-73, April 2010
11) G S Bajpai , Reducing Crime British Ways Indian Journal of Criminology, Vol.
34(1&2), Jan.& July(2006)
12) Madan Lal Sharma, The Role and Function of Prosecution in Criminal Justice
http://www.unafei.or.jp/english/pdf/RS&#13;_No53/No53_21PA_Sharma.pdf
13) N. Grofu , Some Reflections on The Concept of Basic Rules of The Criminal Trial
AGORA International Journal of Juridical Sciences,
www.juridicaljournal.univagora.roNo. 1 (2013), pp. 72-78
14) 11. Government of India, Committee on Reforms of Criminal Justice System (Ministry
of Home Affairs, New Delhi, 2003)
702
Module Skill Component

Module 1: Dynamics of Criminal Inductive and Deductive reasoning


Justice Administration:

Module 2: Role of the Police - Powers Comparative analysis


and Obligations

Module 3: Prosecution and its Role in Debating


Criminal Justice and Pre-trial
Procedures

Module 4: Principle of Fair Trial and Coordination with group and presentation
Dynamics of Trial Process

Module 5: Sentencing Practices (Intra Research


mural and Extramural)

703
Resource Persons

1. International
i. Judge Rupa Goswami, Judge, Los Angeles County Superior Court in California &
Lecturer in Law, University of Southern California Gould School of Law

Email: RGoswami@lasuperiorcourt.org

ii. Bernd-Dieter Meier, Director of the Criminal Justice Institute, University of


Hannover, Germany, chair for criminal law, criminal procedure law and criminology.

Email: meier@jura.uni-hannover.de

iii. Prof. Paula Mitchell, Legal Director, Loyola Law School Project for the Innocent,
Executive Director, Alarcon Advocacy Centre
Email: mitchelp@lls.edu

2. National

i. Mr. Sabyasachi Banerjee, Advocate, High Court ,Kolkata

Email: sabyban@gmail.com

ii. Mr. Shadab Iqbal, Advocate, Jharkhand High Court

Email: shadab786eqbal@gmail.com

iii. Shubhajit Behra, APP, Odisha

Email: subhajitbehera384@gmail.com

704
9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5413 LAW OF CORPORATE FINANCE (Honours Paper-2)
(Sem 09/ Paper No 14)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

COURSE DESCRIPTION

The Object of the course is to make the student understand the concept of raising finance
from equity and debt sources law in national as well as international aspects and to make
them aware of the rules and regulations in India and for raising of capital.

LEARNING OBJECTIVES:

1. At the end of the course, the students will be able to understand the concept of
corporate finance and its relevance.
2. At the end of the course, the students will be able to understand the importance and
application of capital budgeting in raising finance.
3. At the end of the course, the students will be able to understand the concept of cost
and the process in capital budgeting.
4. At the end of the course, the students will be able to understand the modes of raising
equity finance, including but not limited to, IPO, FPO, rights issue, bonus issue.
5. At the end of the course, the students will be able to understand modes of raising debt
finance, including but not limited to, issue of debentures, public deposits and term loans.
6. At the end of the course, the students will be able to understand the interplay between
law and politics in regulating foreign investment;
7. At the end of the course, the students will be able to understand to raise capital
through venture capital firms, depository receipts, mutual funds, REITs and INVITs.

TEACHING METHOD

The teaching in this course is done by way of lectures, seminars and tutorial sessions. The
lecture series is devoted to examination of the relevant statutory and case law framework and
to the discussion of basic legal concepts of equity and debt financing law in India. The course
will incorporate with understanding of the meaning, practices and procedures in the corporate
world. Participation in class discussion is the primary mode of teaching/learning.

705
MODULE 1. INTRODUCTION

The module will provide an introduction to the course to enable students to determine
choosing mode of financing based on objectives and concepts of corporate finance

1.1 Corporate Finance and Financial Management


Scope, Relevance, Function.
Investment, Financing and Dividend Decision: Interrelationship and Factors
1.2 Objectives of Corporate Finance
Profit Maximization
Wealth maximization
1.3 Concept of Corporate Finance:
Capital Investment: Needs and Factors effecting Capital Investment
Risk and Return- Correlation
Time Value of Money
Agency problem - Features and solution

SKILL COMPONENT: Annual Report analysis for determining modes of finance for Infosys,
TCS, Axis Bank etc.

COURSE TAKEAWAY: To determine the profit and wealth maximisation as objectives of


corporate finance

Number of Hours: 12

MODULE 2. CAPITAL BUDGETING

Capital Budgeting is the most important tool to determine requirement of capital for a
business and the available modes of fulfilling the financing needs of a corporate organization.

2.1 Principles of Capital Budgeting


2.2 Capital Budgeting: Meaning, Importance and Types
2.3 Capital Budgeting Process / Steps involved
2.4 The concept of Cost
2.5 Role of a Financial Manager
SKILL COMPONENT:Working capital management analysis at Steel Authority of India Ltd.,
Infosys Capital History, Bajaj Auto Working Capital management.
COURSE TAKEAWAY: To understand the determination of cost of finance and its effect on
capital budgeting and its role in corporate finance
Number of Hours: 12

MODULE 3. EQUITY FINANCE

The module covers the various modes of raising equity finance and aims to make students
analyse their relevance while determining the mode for raising corporate finance.

706
3.1 Share Capital
Types of Shares
Allotment of Shares
Transfer of Shares
Reduction of Capital
Buy- back of securities
3.2 Public Issue
Initial Public Offer (IPO)
Further Public Offer (FPO)
3.3 Rights Issue
3.4 Bonus Issue
3.5 Prospectus – Information and Disclosure Requirements
3.6 Dividend & Distribution
SKILL COMPONENT:Drafting of Prospectus for IPO, FPO, Rights Issue, Bonus Issue.
COURSE TAKEAWAY: To understand modes of equity finance - IPO, FPO, Rights Issue,
Bonus Issue; and its role in corporate finance.

Number of Hours: 12

MODULE 4. DEBT FINANCE

The module covers the various modes of raising debt finance and aims to make students
analyse their relevance while determining the mode for raising corporate finance.

4.2 Debentures - Nature, Issue and Class

4.2 Deposit and acceptance

4.3 Creation of charge, fixed and floating charges

SKILL COMPONENT:Drafting of prospectus for issue of debentures, public deposits.


COURSE TAKEAWAY: To understand modes of debt finance – term loans, debentures,
public deposits and its role in corporate finance

Number of Hours: 12

MODULE 5. CORPORATE FUND RAISING

The module covers modes of raising finance other than direct equity or direct debt mode of
raising finance and aims to make students analyse their relevance while determining the
mode for raising corporate finance.

5.1 Depositories - Indian Depository receipts (IDR); American Depository Receipts (ADR);
Global Depository receipts (GDR)

5.2 Public Finance Institution - IDBI, IFC and SFC.

707
5.3 Mutual Fund and other collective investment schemes,

5.4 Venture Capital funds

5.5 Institutional investments - LIC, UTI and Banks

SKILL COMPONENT:Drafting of Depository receipt agreements, venture capital funding


rounds.
COURSE TAKEAWAY: To understand modes of raising finance other than direct equity or
debt – Depositories, Public Finance Institutions, Mutual Funds, Venture Capital funds,
Institutional investments; and its role in corporate finance.

Number of Hours: 12

708
IMPORTANT CASES

 Pramatha Nath Sanyal v Kali Kumar Dutt AIR 1925 Cal 714.
 Sundaram Finance Service &amp; Ltd. v. Grandtrust Finance Ltd. (2003) 42 SCL 89
(Mad.)
 Peek v. Gurney (1873) LR 6 (HL) 377
 SEBI v Sterlite Industries (India) Ltd. [2004] 45 SCL 475 (Bom).
 Aska Investment Pvt. Ltd. v Grob Tea Company Ltd. [2005] 61 SCL 134.
 Advanced Medical Optics India P. Ltd., In Re. [2009] 150 Comp. Cas. 230 (Kar.)
 JK Industries Ltd. v Union of India [2007] 80 SCL 283.
 Mathrubhumi Printing & Publishing Co. Ltd. v. Verdhaman Publishers Ltd. [1992]
73 Comp. Cas. 80
 McDowell & Co. Ltd. v. Shaw Wallace & Co. Ltd. (2002) 35 SCL 444

TEXT BOOK

Aswath Damodaran, Corporate Finance Theory and Practice, Wiley Student Edition.

REFERENCE BOOKS
1. Altman and Subramanian, Recent Advances in Corporate Finance (1985) LBC.

2. Alastair Hundson, The Law on Financial Derivatives (1998), Sweet & Maxwell.

3. Babby Dutta, Indian Financial Markets the regulations framework, ICFAI-2005.

4. Board of Editors, Financial Strategy Conceptual Issue, ICFAI, 2006.

5. Denzil Watson and Andhonyhead, Corporate Finance Principles and Practice, P.S. Arson
Education Ltd.(2007).

6. Diana R. Harrington-Corporate Financial Analysis-(2008).

7. Donald H. Chew, Studies in International Corporate Financial System, Oxford (1997).

8. Eil’s Feran, Company Law and Corporate finance, (1999) Oxford.

9. Frank.B. Cross & Robert A. Prentice- Law and Corporate Finance, Edward Elgar
Publishing Limited-U.K (2007).

10. H.L.J. Ford and A.P.Austen, Fords’ Principles of Corporations Law, (1999) Butterworths

11. Jonathan Charkham, Fair Share: The Future of Shareholders Power and Responsibility,
Oxford.

12. J.H. Farrar and B.M. Hanniyan, Farrar’s company Law, (1998) LBC, Maryin M.Kristein,
Corporate finance (1975).

14. Philip R. Wood, Law and Practice of International Finance-Regulation of International


Finance, Sweet-Maxwell (2007).

15. Ramaiya, A Guide to The Companies Act, (1998) Vol.I. II. III.

709
Resource Person

Mr. Kamaljeet Singh, Assistant Professor, School of Law, Galgotias University

Email:- kamaljeet.singh@galgotiasuniversity.edu.in

Mr. Victor Nayak, Assistant Professor, School of Law, Galgotias University

Email:- victor.nayak@galgotiasuniversity.edu.in

CS Prashant Panda, FCS, Company Secretary of Odisha Tourism Development


Corporation Limited

Email: prashantpanda2004@yahoo.com

Mob: 9853199900

CS Prashant Panda, FCS, Company Secretary of Odisha Tourism Development


Corporation Limited

Email: prashantpanda2004@yahoo.com

Mob: 9853199900

Mr. Nishikant Bibhu, Assistant Professor, School of Law, Galgotias University

Email:- nishikant.bibhu@galgotiasuniversity.edu.in

710
9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5713: AIR AND SPACE LAW (Honours Paper-ii)
(Sem. 09/Paper-15
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)

Course Description

This course is designed to acquaint the students with the conceptual and operational
parameters of Air and Space Law. The Course is also designed to examine the role of
International Law in the regulation of air and space activities.

Learning Objectives

5. At the end of the Subject, the students will be able to identify and understand the relevant
principles and rules of public international law that affect the use of air space and outer space.
6. The students would be imparted the basic understanding of laws relating to air
accident liability.
7. The students would also develop the ability to analyze the challenges relating to
offences against aviation.
8. The students would also learn about the fundamental concept of space law and
evolving challenges like satellite financing, private participation, space debris, space tourism,
etc. - emerging out of contemporary space exploration activities against the overarching
framework of the UN Space Treaties.
9. The students would be able to examine the role of international law in the regulation
of air space and outer space activities. Specifically, the course examines the current
and potential future uses of outer space; the law‐making process relating to space
activities and the international institutions that are involved in this process; etc.
10. At the end of the subject, the students would be able to understand and analyze legal
issues involved in exploration and uses of outer space and state liability.

Teaching Learning Methodology

10. Lecture Method


11. Case study method (Anatomical and Physiological)
12. Group Discussion

MODULE-I: INTRODUCTION

Introduction:Presently, the scientific developments in the last one hundred years have led to
the dawn of the age of Air and Space exploration.
1.1 Definitions, Freedom of Air
1.2 Development of Air Law & Space Law
1.3 National Sovereignty in Air Space & Outer-Space
1.4 Delimitation of Airspace and outer-space

711
Theory and skill component to be identified:
 Theory component – Basic understanding of the core concepts and principles of air space
and outer space.
 Skill component – The students can critically analyse the rules of delimitation and State’s
sovereignty between air space and outer space.
Course Takeaways: At the end of the module, the students will be able to identify and
understand the relevant principles and rules of public international law that affect the use of air space and
outer space.
No. of Hours: 10 hrs

MODULE-II: AIR LAW: LAW OF AIR ACCIDENT LIABILITY

Introduction:The investigation of aviation incidents and accidents is today recognised as a


fundamentally important element of improving safety, and finding those that are responsible
for such accidents.
2.1 Safety of Air Navigation and Accident Investigation
2.2 Surface Damage and Collision
2.3 Contractual Liability of the Carrier, Product Liability, Liability for Delay in
Transportation
2.4 Aviation Insurance, ICAO
Theory and skill component to be identified:
 Theory component – Procedure of air accident investigation and safety measures
 Skill component – Comparative analysis of the carrier’s liability in case of damage of
products, delay in transportation, contractual liability, surface damages, insurance
claims.

Course Takeaways: At the end of the module, the students would be able to understand the
basic laws relating to air accident liability.
No. of Hours: 15 hrs

MODULE-III: AIR LAW: LAW OF OFFENCES AGAINST AVIATION

Introduction:While the Aviation Sector has seen both qualitative and quantitative growth,
there has been a parallel rise in security concerns as well; causing the emergence of the field
of Aviation and Airport Security and other allied matters.
3.1 Aviation Terrorism
3.2 Protecting Aviation Safety from Military Operations; Strengthening Aviation Safety
against unlawful Interference
3.3 Jurisdiction Issue
3.4 Damages, Limitations of Liability, Defences
Theory and skill component to be identified:
 Theory component – Basic understanding of the jurisdictional issues, limitations of
liabilities
 Skill component – Comparative analysis of the impact of terrorism in the international
aviation industry, analyse various safety measures recommended against unlawful
interferences globally.
Course Takeaways: At the end of the module the students will develop the ability to analyze
the challenges relating to offences against aviation.
No. of Hours: 15 hrs

712
MODULE-IV: SPACE LAW: INTRODUCTION TO SPACE LAW

Introduction: Space law, much like general international law, comprises a variety of
international agreements, treaties, conventions, and United Nations General Assembly
resolutions as well as rules and regulations of international organizations. A number of
fundamental principles guide the conduct of space activities, including the notion of space as
the province of all humankind, the freedom of exploration and use of outer space by all states
without discrimination, and the principle of non-appropriation of outer space.
4.1 Principles of International Space Law
4.2 Communication Satellites,Solar Power Satellites, Nuclear Power Sources; Manned Space
Flights & Space Transport System; Large Space Structures
4.3 UN and Space Law
4.4 International Responsibility of Space Activities
Theory and skill component to be identified:
 Theory component – Basic understanding of the principles of space law and satellites
systems.
 Skill component – Comparative analysis of the responsibilities of the space-faring States
with respect to various outer space activities.
Course Takeaways: The students would also learn about the fundamental concept of space
law and evolving challenges like satellite financing, private participation, etc. - emerging out of
contemporary space exploration activities against the overarching framework of the UN Space Treaties.
No. of Hours: 15 hrs

MODULE-V: SPACE LAW: EXPLORATION AND USES OF OUTER SPACE &


STATE LIABILITY

Introduction:The uses of outer space not only yield great rewards for humankind but also
present us with serious risks due to the ultra-hazardous nature of space exploration.
Considering the various risks, the legal regime relative to outer space does not adequately
manage state liability for space object collisions occurring in outer space.
5.1 Commercial Uses of Outer Space; Space Tourism
5.2 Remote Sensing, Space Insurance, Space Debris
5.3 Military Use of Outer Space, Space Security
5.4 IPR and Space Activities, Environmental Issues
Theory and skill component to be identified:
the role of international law in the regulation of air space and outer space activities.
 Theory component – Basic understanding of the remote sensing, space debris
management, etc.
 Skill component – Critically analysis of the emerging issues due to outer space activities
by the space-faring States like space security and arms control, satellite insurance,
environmental issues, etc.
Course Takeaways: At the end of the module, the students would be able to examine the
current and potential of outer space; the law‐making process relating to space activities and
the international institutions that are involved in this process; etc.
No. of Hours: 15 hrs

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CASE REFERENCES
21. Nemitz v. United States [ILDC 1986 (US 2004)]
22. Hughes Galaxy Inc. v. US Government [47 Fed.Cl. 236 (2000)]
23. Appalachian Insurance Co. v. McDonnell Douglas [214 Cal. App. 3d 2 (1989)]
24. American Satellite Co. v. US Government [26 Cl. Ct. 146 (1992)]
25. Martin Marietta Corporation v. International Telecommunication Satellite
Organization (Intelsat) [978 F.2d 140 (4th Cir. 1992)]
26. Transpace Carriers v. US Government [27 Fed. Cl. 269 (1992)]
27. Florida Coalition for Peace and Justice v. George Herbert Walker Bush [Civil
Action No. 89-2682-OG (D.D.C. 1989)]
28. AT&T v. Martin Marietta [93 F.3d 1505 (11th Cir. 1996)]
29. American Satellite Co. v. United States, 998 F.2d 950 (Fed. Cir. 1993)
BOOKS
4. H. Ph. Diederiks-Verschoor, AnIntroductiontoAirLaw(KluwerLawInternational,
2012)
5. Prof. Dr. Stephan Hobe (Hrsg.) / Dr. Bernhard Schmidt (et al), Cologen Commentary
on Space Law (Carl Heymanns Verlag Publisher, 2010)
6. Francis Lyall & Paul B. Larsen, Space Law: A Treatise (Ashgate Publishing Co,
2009)
ARTICLES
3. John S. Goehring, ‘Can We Address Orbital Debris with the International Law We
Already Have? An Examination of Treaty Interpretation and the Due Regard
Principle’, Journal of Air Law and Commerce, 2020 Volume 85 Issue 2
Website: (https://scholar.smu.edu/cgi/viewcontent.cgi?article=4150&context=jalc)
4. I. Willner, Raymond L. Mariani, Emily K. Doty Skebba, ‘Recent Developments in
Aviation Law – 2019’, Journal of Air Law and Commerce, 2020 Volume 85 Issue 2
Website: (https://scholar.smu.edu/cgi/viewcontent.cgi?article=4148&context=jalc)
5. W. Bradley Wendel, ‘Technological Solutions to Human Error and How They Can
Kill You: Understanding the Boeing 737 Max Products Liability Litigation’, Journal
of Air Law and Commerce, 2019 Volume 84 Issue 3
Website: (https://scholar.smu.edu/cgi/viewcontent.cgi?article=4127&context=jalc)
ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Jr. George N. Tompkins, Liability Rules Applicable to International Air


Transportation as Developed by the Courts in the United States: From Warshaw
1929 to Montreal 1999,(KluwerLawInternational, 2010)
2. Hefang Huang, Aviation Safety Through the Rule of Law: ICAO’s Mechanism and
Practices, (KluwerLawInternational, 2012)
3. I.H.Ph.Diederiks-Verschoor& V. Kopal,An Introduction to Space Law
(WoltersKluwer International, 2008)
4. Bin Cheng, Studies in International Space Law, (Clarendon Press Oxford, 2004)
5. P. P. C. Haanappel, The Law And Policy Of Air Space and Outer Space: A
Comparative Approach (Kluwer Law International, 2003)
6. Fabio Tronchetti, The Exploitation of Natural Resources of the Moon and Other
Celestial Bodies: A Proposal for a Legal Regime (Martinus Nijhoff Publishers, 2009)

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SKILL COMPONENTS

MODULES SKILL COMPONENTS


Module I: Introduction The students can critically analyse the rules of delimitation and State’s
sovereignty between air space and outer space.
Module II: Air Law: Law of Comparative analysis of the carrier’s liability in case of damage
Air Accident Liability of products, delay in transportation, contractual liability,
surface damages, insurance claims.
Module III: Air Law: Law of Comparative analysis of the impact of terrorism in the
Offences Against Aviation international aviation industry, analyse various safety
measures recommended against unlawful interferences
globally.
Module IV: Space Law: Comparative analysis of the responsibilities of the space-faring
Introduction To Space Law States with respect to various outer space activities.
Module V: Space Law: Critically analysis of the emerging issues due to outer space
Exploration And Uses Of activities by the space-faring States like space security and
Outer Space & State arms control, satellite insurance, environmental issues, etc.
Liability

715
9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW5613 Legislative Drafting (Honours Paper-2)
(Sem 09/ Paper No 16)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

Course Description

Legislative Drafting is an innovative learning programme that offers an in-depth deliberation


on the principles and techniques of legislative drafting under both national and international
levelwithin common law jurisdictions. This course is designed to provide learners a platform
to inculcate the skills of drafting laws in different forms and equip them with different
legislative drafting skill.The learners through this course will develop abilities to diversly
deal with the challenges and responsibilities with proficiency. It will chisel them up with all
the required skill to pursue their career as a legislative draftsmen.

Learning Objectives

1. To address the scarcity of drafters


2. To fill the skill gaps existing in drafting offices across the world.
3. To provide initial formal training to legislative drafters by developing competence in
the basic essentials of legislative drafting.
4. To improve the performance, efficiency and effectiveness of delivery of drafters.
5. To enable students understand concepts related to legislative drafting
6. To equip students with the skill-set to pursue legislative drafting as a career.

Teaching Methodology

The course will be taught through following methods:

1. Lecture Method
2. Socratic Method
3. Simulation Method
4. Practical Assignment

716
MODULE I: INTRODUCTION TO LEGISLATIVE DRAFTING

This module seeks to introduce to students the scope, nature and basic concepts related to
legislative drafting. It seeks to set the tone for the course.

1.1. Concept, Nature and scope of Legislation


1.2. History and Development of Legislation and Legislative Drafting
1.3. Classification of Legislation : Supreme Legislation ; Subordinate Legislation,
Delegated Legislation; Amending Legislation; Repealing Legislation; Enabling &
Disabling Statutes
1.4.Identification of principles of Legislation while outlining a legislative draft

Theoretical and Skill Components: Developing the ability to identify principles of Legislation
while outlining a legislative draft.

Course Takeaway: At the end of this module students will be able to understand the initial
steps of drafting from an ideological perspctive. Students will be able to conceptualise the
process before drafting begins.

No. Of hours: 14 hrs.

MODULE 2: FACTORS TO BE REMEMBERED BY A DRAFTSMAN

This module explores the roles and responsibilities that a draftsmen requires to adopt when
drafting a legislation. It also explores the difficulties that is faced by the draftsmen.

1.3. Expectations and responsibilities of Legislative Draftsmen


1.4. Difficulties faced in the preparation of Legislation
1.5. Developing legislative plans

Theoretical and Skill Components:Development of legislative plans to enable a practical


understanding of how legislation can be framed.

Course Takeaway: Students will know the roles of a legislative draftsmen and the method by
which a draftsmen develops the plan to draft a law.
Total no. Of Hours: 8 hrs.

MODULE 3: ISSUES AND CONSIDERATIONS IN LEGISLATIVE DRAFTING

The module seeks to explore the issues which surround legislative drafting in the
contemporary world. It explores the judicial viewpoint of legislative drafting and emerging
trends.

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1.6. Limits of constitutional and human rights provisions on Legislative drafting
1.7. Judicial approaches to Interpretation; Legislative Drafting and judicial reforms
1.8. Emerging trends in Legislative drafting : Comparing Legal systems

Theoretical and Skill component: Enabling students to conceptualise the emerging trends
in Legislative drafting through understanding different legal systems.

Course Takeaway: At the end of this module, the students will understand the importance
of constitutional limitations while drafting a a legislation and simultaneously will be able
to analyse international trends of legislative drafting.
Total no. of hours: 14 hrs.

MODULE 4: STRUCTURING LEGISLATION & LEGISLATIVE LANGUAGE

This module delves into the practical aspects of legislative drafting i.e it explores the steps
about drafting a law.

4.1 Structuring & Drafting a Statute: Short Title, Long Title, Preamble, Marginal Notes,
Headings, Definition & Interpretation Clauses, Purpose clause, Provisos, Illustrations,
Exceptions & Savings Clauses, Explanations, Schedules.
4.2 Stages of Drafting Processes
4.3 Drafting of delegated or subsidiary legislation (regulations); conditional legislation;
amendment legislation
4.4 PreliminaryDrafting techniques and styles:-
- Simplicity of style; statement of purpose; Length of sentences; Logical arrangement;
Reference to other legislation;
4.5 Importance of General Clauses Act
4.6 Drafting of legislative sentences: Grammar, Syntax; diagram forms; subject verb
agreement, adjectives, participles, adverbs, phrases, clauses; Punctuation
4.8 Faulty reference to pronouns and problem with negatives; Gender neutral drafting

Theoretical and Skill component: Structuring a Statute, Drafting of delegated legislation,


conditional legislation, amendment legislation, preliminary drafting techniques, drafting of
legislative sentences, faulty reference to pronounces, gender neutral drafting.
Course Takeaway: At the end of this module, the students will be able to draft a law and
understand the nuances associated with it.
No. of class hours: 22 hrs.

718
MODULE 5: LEGISLATIVE PROCESSES

This module studies the procedure which is required for a legislation to pass. It also seeks
to delve into the legislative processes of other jurisdictions.

5.1 General drafting methodology of different legislation and Parliamentary process;Pre-


Legislative scrutiny

5.2 Legislative Processes in India : Drafting different Bills

5.3 Legislative drafting processes in different jurisdictions

Theoretical and Skill components: Conceptual and theoretical understanding of legislative


processes in different jurisdictions.

Course Takeaway: At the end of this module, the students will be able to grasp the
legislative procedure of passing a law in India and across other jurisdictions.
No. of class hours: 7 hrs.

719
TEXT BOOKS:

1. Nirmal Kanti Chakrabarti, Principles of Legislation and Legislative Drafting, R.


Cambray & Company Private Limited, 3rd Edition 2014

2. Crabbe, Legislative Drafting VRAC Crabbe, Cavendish Publishing Ltd., Great


Britain, 1st Edition 1993

3. GR Rajgopal, The Drafting of Law, Australia, Law Book Company Ltd. Edition
1980

REFERENCE BOOKS:
1. Thornton, G. C.(1996) “Legislative Drafting”, Fourth Edition, Butterworths,
London
2. BC Shukla, “Legislative Procedure Relating to Bills”, Lectures on Constitutional
Law and Legislative Drafting Volume I, Institute of Judicial Training and Research,
Uttar Pradesh
3. Mcleod Ian (2009), “Principles of Legislative and Regulatory Drafting”,
Oxford,U.K. Hart Publishing Limited
4. Constatin Stefanou and Helen Xanthaki, “Drafting Legislation: A Modern
Approach” Ashgate Publishing Ltd, 2008
5. Crabbe, Legislative Precedents Vol II [Cavendish Publishing Ltd., Great Britain, 1st
Edition 1998]

ARTICLES:
1. OP Motiwal, Principles of Legislative Drafting, Journal of Indian Law Institute,
Vol.16 No.1 January-March 1974
2. Zan Zurcher, “Basic Rules of Legislative Drafting” Manitoba Law Journal, Volume
7 No.3 1977
3. PM Bakshi, “The Discipline of Legislative Drafting”, Journal of the Indian Law
Institute , Vol. 34, No. 1 (January-March 1992)
4. Dickerson, Reed, "Legislative Drafting: A Challenge to the Legal Profession"
(1954). Articles by Maurer Faculty. Paper 1494.
http://www.repository.law.indiana.edu/facpub/1494

ADVANCED READINGS:

1. Constantin Stefanou, Comparative Legislative Drafting: Comparing across Legal


Systems, 18 EUR. J.L. REFORM 123 (2016)
2. Wim Voermans, Hans-Martien ten Napel & Reijer Passchier (2015) Combining
efficiency and transparency in legislative processes, The Theory and Practice of
Legislation, 3:3, 279-294, DOI: 10.1080/20508840.2015.1133398

720
3. Dr. Vepa P Sarathi, “Intepretation of Statutes”, Eastern Book Company Lucknow,
5th Edition 2015.
4. Yehonatan Givati and Matthew C. Stephenson, “Judicial Deference to Inconsistent
Agency Statutory Interpretations” The Journal of Legal Studies , Vol. 40, No. 1
(January 2011)
5. British Columbia Law Institute, “Gender-Free Legal Writing: Managing the
Personal Pronouns” July 1998
6. Tarunabh Khaitan, “Reforming the Pre-Legislative Process”46 (25) EPW (2011)
7. WT Mallison Jr. “Functional Analysis of the Legislative Process” American Bar
Association Journal 46(5), 1960
8. B R Atre, Legislative Drafting: Principles & Techniques Universal Law Publishing
Company, 2006.
9. Tonye Clinton Jaja Legislative Drafting: An Introduction to Theories and
Principles, Wolf Legal Publ., 2012
10. Jarod Shobe, “Inter-temporal Statutory Interpretation and Evolution of Legislative
Drafting” Columbia Law Review, Vol 114, No.4 (May 2014) pp 807-878

721
Skill Components

Module 1 INTRODUCTION TO Developing the ability to identify


LEGISLATIVE DRAFTING principles of Legislation while outlining a
legislative draft

Module 2 FACTORS TO BE Development of legislative plans to enable


REMEMBERED BY A a practical understanding of how
DRAFTSMAN legislation can be framed.

Module 3 ISSUES AND Enabling students to conceptualise the


CONSIDERATIONS IN emerging trends in Legislative drafting
LEGISLATIVE DRAFTING through understanding different legal
systems.

Module 4 STRUCTURING Structuring & Drafting a Statute: Short


LEGISLATION & LEGISLATIVE Title, Long Title, Preamble, Marginal
LANGUAGE Notes, Headings, Definition &
Interpretation Clauses, Purpose clause,
Provisos, Illustrations, Exceptions &
Savings Clauses, Explanations, Schedules.

Module 5 LEGISLATIVE Conceptual and theoretical


PROCESSES understanding of legislative processes in
different jurisdictions.

722
RESOURCE PERSONS:

Suggested List of Resource Persons:


National:
1. Prof. (Dr.) N.K. Chakrabarti, Vice Chancellor, NUJS, Former Director , KIIT
School of Law
Email: nkchakrabarti@gmail.com
2. Mr. PK Malhotra, Retired Secretary, Ministry of Law & Justice
Email: malhotrapk@hotmail.com
3. Mr Anup Kumar Varshney, Chief Editor (Director), Legislative Department,
Ministry of Law & Justice, Government of India
Email: anupvarshney1962@yahoo.com
International:

1. Mr. Gary Endicott, Legislative Counsel of the Senate (Retired), United States
Email: gendicott14@gmail.com

2. Dr. Tonye Clinton Jaja, Senior Research Fellow/Legislative Drafting Lawyer at NILDS,
National Assembly of Nigeria
Email: tonyeclintonjaja@yahoo.com

723
9TH SEMESTER
AUTUMN SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
ADJUDICATION OF TAX RELATED DISPUTE- (LW 5913)
(Honours Paper-2)
(Sem 09/ Paper No 16)
Credits: 04: Total Class Hours: 72 (including tutorials & proctors

LEARNING OBJECTIVES:

1) Taxation in India is one of the subjects over which both the federal government
('Centre') and the constituent states ('States') had power to legislate. Because of
this, Indian businesses and individuals alike were subjected to a multitude of
taxes, both by the State and the Centre.

2) A common feature of Indian tax laws, irrespective of the type, is the constant
amendments and changes made to the law; these changes relating to the rate, the
subject of tax and the procedure.

3) The dispute resolution system under the Indian tax laws has largely remained the
same, without any major changes in the recent past. The overall structure of the
dispute redressal system is similar (i.e., the three-tiered appellate system, advance
ruling mechanism and the settlement commissions

4) Insofar as appellate tribunals are concerned, the rate of disposals is fairly quick: a
dispute may well get decided finally by appellate tribunal within a year or so of
initiation before the tribunal. However, insofar as the high courts are concerned,
the time periods vary considerably.

TEACHING METHOD:

This course will be taught by a combination of:

8) Lecture Session
9) Role plays
10) Quiz
11) Case Study
12) Judgment Reading
13) Case law – Research
14) Presentations

724
Module-I-Assessment and Demands and Recovery in GST

In terms of Section 2(11) of the Act, “assessment” means determination of tax liability under

this Act and includes self-assessment, re-assessment, provisional assessment, summary

assessment and best judgment assessment.

1.1. Self-assessment
1.2. Provisional assessment
1.3. Scrutiny of returns
1.4. Assessment of non-filers of returns
1.5. Assessment of unregistered persons
1.6. Initiation of recovery proceedings
Theory and skill component to be identified: Assessments, Recovery of tax

Course takeaway: Who is the person responsible to make assessment of taxes payable under
the CGST Act?

Which are the applicable provisions for the purpose of recovery of tax short paid or not paid
or amount erroneously refunded or input tax credit wrongly availed or utilized under CGST
Act?

Number of hours: 14

Module- II-Advance Ruling and Appeals and Revision in GST

“Aadvance ruling” means a decision provided by the Authority or the Appellate Authority
1[or the National Appellate Authority] to an applicant on matters and in relation to the supply
of goods or services or both being undertaken or proposed to be undertaken by the applicant.

2.1 Authority for Advance Ruling*

2.2 Appellate Authority for Advance Ruling**

2.3 Powers of Revisional Authority

2.4 Constitution of Appellate Tribunal and Benches thereof

2.5 Appeal to High Court

2.5 Appeal to Supreme Court

Skill components: Appeal mechanism in Advance Ruling,; Appeal mechanism Appellate


Authority,; Appeal mechanism Appellate Tribunal

725
Course takeaway: What is the appeal mechanism provided under the CGST Act, 2017 against
the order/ decision of the Adjudicating Authority?Who is an adjudicating authority?Who is
an Appellate Authority?

Number of hours: 14

Module-III- Procedure for assessment in IT

Every assessee, who earns income beyond the basic exemption limit in a Financial Year
(FY), must file a statement containing details of his income, deductions, and other related
information. This is called the Income Tax Return (ITR). Once you as a taxpayer file the
income returns, the Income Tax Department will process it. There are occasions where, based
on set parameters by the Central Board of Direct Taxes (CBDT), the return of an assessee
gets picked for an assessment.

3.1 Return of income


3.2 Self-assessment
3.3 Assessment
3.4 Best judgment assessment
3.5 Reopening of assessment at the instance of the assessee
3.6 Income escaping assessment

Theory and skill component to be identified: How to file Return of income in various
cases,Faceless assessment

Course takeaway: State with brief reason, whether the following statements are true or false:
(No mark will be awarded for answers without reason.)

(i) Where a notice under section 143(2) is issued to the assessee, it is not
required to process under section 143(1), the return of income filed by the
assessee.
(ii) (ii) Even without rejecting the books of account, if any, maintained by the
assessee, the Assessing Officer can make a reference to the Valuation Officer
u/s 142A for estimating the cost of construction of an immovable property.
(iii) (iii) Expenses of special audit conducted under section 142 shall be paid by
the Central Government.
(iv) (iv) Only an individual can be regarded as a Tax Return Preparer under
section 139B.
Number of hours: 14

726
Module- IV-Special procedure for assessment of search cases in IT

Advance Ruling means written opinion or authoritative decision by an Authority empowered


to render it with regard to the tax consequences of a transaction or proposed transaction or an
assessment in regard thereto. It has been defined in section 245N (a) of the Income-tax Act,
1961 as amended from time-to-time.

Sub-modules

4.1 Assessment of undisclosed income as a result of search


4.2 Time limit for completion of block assessment
4.3 Dispute Resolution Committee
4.4 Procedure on receipt of application
4.5 Advance rulings in IT
4.6 Advance ruling to be void in certain circumstances

Theory and skill component to be identified: How searches take place for undisclosed
income,Appeal mechanism Advance Rulings

Course takeaway):Whether pre-conditions of sec. 153A/132 are to be complied


mandatorily?Whether proceedings may be continued without giving notice u/s
153A?Applicability of provisions of sec. 143 (2) ?Return filed u/s 153A is the
original return?

Number of hours: 14
Module-V- Appeals and revision in IT

The Constitution of India guarantees the citizens of the country certain fundamental rights.
Therefore, under any system of rule of law, the right to appeal for redressal of one’s
grievances is generally in built.
Under the Income Tax Act, 1961 following two alternatives are available to the assessee if
he is not satisfied with the order passed by the Assessing Officer

Sub-modules

5.1 Appealable orders before Commissioner (Appeals)


5.2 Appellate Tribunal
5.3 Appeal to High Court
5.4 Appeal to Supreme Court

727
5.5 Revision of orders prejudicial to revenue

Theory and skill component to be identified:Formalities and procedure for faceless


appeal,Formalities and procedure for Appellate Tribunal, Revision scenario

Course takeaway:Grounds necessary for requesting rectification to the Income Tax


Department,Orders which can be rectified u/s 154,Rectification of an order which was
subjected to appeal or revision,Pre-Requisites to file online Rectification Request U/s
154,Mistakes which are and which are not covered by s. 154

Number of hours: 14

Cases

1. M/s Global Agency vs. The Director General Goods And Services Tax
(Respondent) [2018 (3) TMI 389 - Karnataka High Court

2. M/s. Vajra Rubber Products (P) Ltd. (Petitioner) Vs. The Commercial Tax Officer,
Irinjalakuda, Asst. State Tax Officer

3. Superintendent of Central Tax & Central Excise, Irinjalakuda (Respondent) [2018


(3) TMI 972 - Kerala High Court] and Shankar Mohan (Petitioner) Vs. Intelligence
Inspector, The Intelligence Officer, Commissioner Goods & Service Tax Authority,
State Of Kerala (Respondent) [2018 (1) TMI 179

4. K.K. Ramesh (Petitioner) vs. The Union of India, The Secretary, Office of the GST
Council Secretariat, New Delhi And The Commissioner, Commercial Tax Officer,
Cheupakkam, Chennai
5. (Respondent) [2018 (3) TMI 1451 - Madras High Court

6. Rajeevan V.N. (Petitioner) vs. The Central Tax Officer -1 Circle, Cochin And Jose
Thomas, Kottayam, (Respondent) 2018 (2) TMI 1717 (Ker)

7. M/s Radhey Lal Jaiprakash Neadarganj Dadri (Petitioner) vs. State Of U.P. And 5
Others 2017 (11) (Respondent) TMI 1022 – Allahabad High Court

8. M/s KTL (P) Ltd. (Petitioner) vs. Union of India, (Respondent) 2018 (3) TMI 679 (All)

728
9. M/s Continental India Private Limited And Another (Petitioner) vs. Union of India
Thru Secy. and 3 Others, (Respondent) 2018 (1) TMI 1245 –: Allahabad High Court
dated 24 January 2018

10. Salasar Synthetics, M.D. Overseas Ltd. (Petitioner) vs. Union of India & Another
(Respondent) 2017 (6) GSTL 396 (Del)

11. M/s Raj Iron & Building Materials (Petitioner) Vs. Union Of India Thru' Its Secy. &
3 Others (Respondent) 2018 (1) TMI 949 - Allahabad High Court

12. M/s. Bhima Enterprises (Petitioner) Vs. The Assistant State Tax Officer,
Neyyattinkara and 3 others (Respondent) 2018 (1) TMI 1149 - Kerala High Court

Reference-

Direct Tax law and practice- Vinod K Singhania

Direct Tax law and practice by Dr Girish Ahuja

The Law and Practice of Income Tax Author : Kanga & Palkhivala's

Landmark Judgments on Income Tax Hardcover – January 1, 2013


by Chaturvedi|Pithisaria (Author)

About Guide to GST Litigation & Proceedings- By Preetam Singh

729
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5084- MOOT COURT AND INTERNSHIP
Sem 10 /Paper 01

MARKS DISTRIBUTIONS

SL TOPIC MARKS
NO
1. Memorial Submission For allotted problem 30
2. Internship 30
3. Court Visit 30
4. Total 10
TOTAL =100 MARKS

MEMORIAL SUBMISSION GUIDELINES/RULES

The following guidelines for the memorials must be strictly followed.

1. Students have to prepare memorials for both the Appellant and the Respondent (Total
02 Memorials).
2. Students shall submit ONE copy of the memorials for each side (Appellant &
Respondent) on the said dates of examination to the concerned teachers allotted to
them for the MOOT COURT AND INTERNSHIP ( LW 5086 ) as informed by the
teacher.
The memorials must contain the following sections.
I.COVER PAGE;
ll. TABLE OF CONTENTS;
lIIi INDEX OF AUTHORITIES:
IV. STATEMENT OF JURISDICTION;
V. STATEMENT OF FACTS;
VI STATEMENT OF ISSUES:
VII STATEMENT OF ARGUMENTS;
VIII ARGUMENTS ADVANCED;
IX PRAYER FOR RELIEF.
3. The memorials must be printed in Times New Roman l2 font size with 1.5 line
spacing. The footnotes must be in Times New Roman l0 font size with 1.0 spacing.
And should contain the Name and Roll Number on cover page.
4. The arguments advanced should not exceed 15 pages.
5. The memorials as a whole should not exceed 25 pages including the cover page,
6. The memorials should be covered with a plastic cover or a spiral bound.

730
7. The memorials should have a margin measuring one inch on all sides of each page.
8. The page numbering should be on the bottom of each page,
9. The Students have to use the latest edition of Blue Book for citation format
throughout the Memorial. Footnotes shall contain only the citations. There shall be no
speaking footnotes in the memorial.

10. The maximum score for the memorial shall be 15 mark per memorial for
Appellant and Respondent side for a total of 30 Marks. The memorials shall be
evaluated on the following criteria and any non-compliance with above criteria shall
result in penalty of 2 marks per missing section.

MARKS COMPONENT (FOR MEMORIAL 0F EITHER SIDE)


1. Knowledge of Law and Facts :- 5 Marks
2. Proper and articulate analysis :- 5 Marks
3. Extent and use of Research :- 5 Marks
TOTAL :- 15 MARKS (for Each Side )

COURSE TAKEAWAY
1. Students will be able to get used to the ambiance of a real court.
2. Students will be able to understand and analyse facts.
3. It will help the students in identifying the issues in a given situation.
4. Students will learn to apply the legal provisions to a given situation and also interpret
them.
5. The student will be able to have the practical skills of research, case analyses and
strategy, witness handling, and presentation of arguments at the trial and appellate
stages of a case

INTERNSHIP GUIDELINES/RULES

The internship diary, issued by the School in their first year of study, shall be submitted by
the students to the concerned faculties. The diary shall be duly filled with the particulars and
shall detail the internship experience in chronological order. The student shall paste a copy of
their internship certificates in such order on the pages provided for that purpose.

Course Takeaway
This shall help students to utilize their learnings in Practical Field . It will help them to gain
experience for future placements in professional Field

COURT VISIT GUIDELINES/RULES

Students shall observe and submit reports about two trials - One Criminal Trial and One Civil
731
Trial and submit the report to the concerned faculty. Each Report shall contain 15 marks and
will be submitted as per the following format
I. Cover page bearing name and roll number of student
II. Name of the Court and its location.
III. Day and Date of the Court Visit. and duration of your stay.
IV. Court Number and Name of the .ludge(s) hearing the matter.
V. Name of Parties to the case.
VI. Title of the case
VII. Brief facts of the case
VIII. The submissions/pleadings you observed during your visit to the court
IX. Was there a resolution of the quesiion before the court while you were
present? If so. What, was it?

Course Takeaway:

This shall help the students to have a practical experience and learning of the
intricacies of a Trial , both Civil and Criminal. The Assessment will help them to
imbibe the application of Substantive and Procedural Law

VIVA-VOCE

A VIVA-VOCE of 10 marks shall be conducted for all the students as per the dates assigned
and notified by the School of Law. It will be based on the all the three components slated
earlier.

*******For any queries, please send an email to your respective faculties for this paper.

SUBMISSION GOOGLE FORM LINKS

SECTION GOOGLE FORM LINK


BALLB SECTION A https://forms.gle/ghWvyyptfVQ8zZtz5
BALLB SECTION B , https://forms.gle/uKZrb2Wr2s4vegf7A
BSCLLB
BBALLB SECTION A https://forms.gle/cvFCSnmkUfxxKpmA7
BBALLB SECTION B https://forms.gle/BBjmUnXWhZY1LBVt7

732
You are requested to submit your Moot Court Memorial on the chosen Proposition (one
out of 4 Given Problems), Scan of the internship Diary and Court Visit Report in the
respective Google form links allotted to the individual sections

MOOT PROBLEM 1

STATE OF MANILA V. SHAMSHER SINGH

1. At village Bahadurgarh in VIRPUR district, there is an abandoned aerodrome


where large quantity of valuable aeroscrap is collected. The Defence Department
left two Choukidars namely, VISHNU and VIRENDER with a view to prevent
pilferage by unauthorizedpersons.

2. The aerodrome area is surrounded by many tribal villages which are inhabited
mostly by VIREHI tribes, which is an uneducated and orthodox tribe. The tribes
have a very strong belief in existence of ghosts and the abandoned aerodrome
earned notoriety in that area as being infested withghosts.

3. One day SHIKHAWAT Singh from the firm of Singh Brothers, AEROCITY, visited to
village Bahadurgarh accompanied by his servant SHAMSHER SINGH for the
purpose of purchasing the said aerodrome. He and his servant stayed in the
nearby house of RAM Kishan, who is running a tea stall in villageBahadurgarh.

4. There are several foot-paths cutting across the aerodrome, leading one village to
another. But on account of their fear of ghosts the people would not ordinarily
venture out at night alone on thosepaths.

5. When SHIKHAWAT Singh and his servant SHAMSHER SINGH were in the village,
one Chand VIREHI from Village BANDHAVGARH, which is a nearby village of
Bahadurgarh, went to the tea-stall of RAM Kishan in village Bahadurgarh at about
8:30 pm and took shelter there for a night because he was afraid of proceeding
back alone to his village BANDHAVGARH at that hour of the night for fear

733
ofghosts.
6. In the midnight SHIKHAWAT Singh and his servant thereafter had a conversation
with Chand VIREHI and in their conversation SHIKHAWAT Singh showed his
anxiousness to see ghosts, and Chand VIREHI suggested that “as present is a full
moon night the ghost will be most active on this specific night”, relying on this
statement of Chand VIREHI, SHIKHAWAT Singh and his servant SHAMSHER SINGH
agreed to travel with him at night and offered to drop him back to his village in
the process, they jointly also persuaded RAM Krishan to accompany them to see
ghosts. All four of them thereafter initiated their on foot journey with torchlight in
their hands to BANDHAVGARH village through a foot-path acrossaerodrome.

7. While passing through the aerodrome they noticed a flickering light at distance of
about 500 meters from path-way. Strong wind was blowing and the movement of
the light in that breeze created in them an impression that it was not an ordinary
light but 'will-o' the wisp.' They also found some apparitions moving around the
flickering light. They thought that some ghosts were dancing around the light and
they all ran towards thatplace.
8. SHAMSHER SINGH (Servant) reached first with his 'khukhri' in hand and began to
attack ghosts indiscriminately. RAM Krishan arrived there some time later,
however SHAMSHER SINGH did not notice RAM Krishan which lead to striking of
one of his Khukuri blows to Mr. RAM Kishan causing severeinjury.

9. In pain RAM Kishan screamed loudly that SHAMSHER SINGH had injured him. In
the mean time other injured persons also raised a cry of distress and only after
hearing so many cries SHAMSHER SINGH stopped attacking the people. It was
subsequently discovered that the apparitions that SHAMSHER SINGH attacked
were actually some female of the BANDHAVGARH village known to Mr. Chand
VIREHI, who were there for collecting Mohua flower at night under a 'Mohua' tree
with hurricane lantern, which they wanted to bring at the Kali Mata temple for
fulfilling a localtribal ceremony, which was a common practice and was done on
every full moon night by the ladies of VIREHI tribe.

10. In consequence of indiscriminate attack with his 'Khukhri' one Geeta VIREHI was
killed, and two other females namely Ganga VIREHI and Sunahri VIREHI were
grievouslyinjured.

11. FIR was registered against SHAMSHER SINGH and he was charged under Sec. 302
I.P.C. for murder of Geeta VIREHI, under Sec. 326 I.P.C. for having caused grievous

734
hurt to persons injured and under Sec. 324 I.P.C. for having caused hurt toRAM
Krishan.

12. The learned Sessions Judge held the accused guilty on the ground that he did not
act with 'due care andattention’.

13. The accused went on appeal before the Hon’ble MANILA HighCourt.

a) The appellant stated that when he attacked his victims, he thought he was
attacking ghosts and not human beings. But it was urged by the prosecution
that he did not act with 'due care andattention".
b) RAM Kishan has materially contradicted his own previous statement made
under Section 161 Criminal Procedure Code. In his earlier statement under
that section he admitted that SHIKHAWAT Singh persuaded him to go out of
his house at night to see witches. However, before the Court of Session, he did
not admit that he went with SHIKHAWAT Singh to seewitches.
c) The Court further called into question the credibility of evidence given by
SHIKHAWAT Singh, the court held that regardless of the fact that the accused
is servant of SHIKHAWAT and he might have sympathy for his servant, but
SHIKHAWAT’s evidence have been consistent throughout and
thereforereliable.
d) The Court also refused to rely on the statement of Chand VIREHI, who was
being escorted at the time of incident, because though he had stated before
the Police that on account of fear of ghost he took shelter in the tea stall of
RAM Kishan that night and did not venture out until SHIKHAWAT Singh, his
servant and RAM Kishan agreed to escort him to his village, he resiled from
that statement while giving evidence in Court of Sessions Judge and tried to
make it appear as though he was a brave man who had no fear of ghosts.
Therefore his testimony was not given muchimportance.
e) It was also argued before the court that based on the testimony of two guards
VISHNU and VIRENDER it was clear that the appellant had a torch in hishand.
f) After deciding on the testimony High Court decided on the application of
general defence. The court decided that the benefit of general defence is
available to person who by reason of mistake of fact in good faith believes
himself to be justified by law in doing an act. And it was clear from the
statement of SHIKHAWAT Singh that the accused was a firm believer of ghost
and thought beyond shadow of a doubt that he was attacking ghosts.
Therefore the court held that the accused is entitled to the protection of
generaldefence.

735
g) The Hon’ble MANILA High Court held the accused not guilty on the ground
that the actions of SHAMSHER SINGH was consequence of bona fide mistake
of fact and under a sincere belief that he was attacking ghosts and not human
beings and hence he was acquitted relying on Section 79 ofI.P.C.

Now the State has, as a result of the aforementioned MANILA High Court’s judgment,
filed an appeal/Petition before the Hon’ble Supreme Court.

Keeping in mind all the aforementioned points and any other relevant points, prepare the
grounds for filing of appeal/petition and the arguments from both the sides.

*In addition to that, Students are allowed to frame their own issues

**The Laws of Union of India are in pari materia the “State of MANILA”

EXHIBIT I

FIRST INFORMATION REPORT

(u/s. 154 of CrPC)

1. District: VIRPUR; PS: AEROCITY van; Year: 2015

2. FIR No: 172/2015

3. Date of occurrence:09/09/2015
4. Acts:
i. SHAMSHER SINGH, 302, 324, 326, 336 of the Indian PenalCode.
5. Occurrence of
Offence:
Day:Friday.
Time: Approximately 11:50 PM.

6. Information recorded at PS: Date -10th October, 2010; Time: 8:20AM


736
7. General Diary Reference Entry No. 7 of 10th October,2010
8. Information recorded by: Head Constable RajKumar

9. Type of information:Personal

Written/Oral: Oral

10. Place of occurrence: BahadurgarhVillage.

Distance from Police Station - 15 km

11. Informant Name: RajeshVIREHI


Nationality: Indian

Occupation: contractor

12. Details of Known/ Unknown/ Suspected/ Accused with particulars: Suspected


persons
i. Mr. SHAMSHER SINGH, Age 35, S/o Mr.
AEROCITY Bahadur Occupation:
householdservant
13. FIR Contents–
On 10/10/2010, Mr Rajesh VIREHI has come to the police station and has stated that his wife
Mrs. Geeta VIREHI was attacked by someone with a sharp weapon and was killed. He has
further stated that two more women namely Ms. Ganga VIREHI and Sunahri VIREHI who
are the sisters of Rajesh VIREHI were also attacked by sharp weapon and are admitted to the
hospital as they are severely injured. Based on the statement a complaint has been registered.

14. FIR read to the complainant/ informant, admitted to be correctly recorded and
a copy given to the complainant/ informant free ofcost.

15. Signature/thumb impression of Complainant/ Informant: RajeshVIREHI

Signature of Officer-in-charge, Police Station:


Sd/-

Daman Shah
(Senior Police Inspector

737
MOOT PROBLEM 2

The Republic of Hind is a peaceful country with similar law and customs as applicable in
the India. In the mentioned country, there is a City of Purushpur, where a matrimonial knot
was tied between Lucifer Morningstar & Chloe who got married on 23.10.2000 in an
arranged marriage system. Within two years of marriage, Chloe conceived a baby boy with
special needs. The increased expenses primarily because of the treatment of the child led to
mismanagement of financial expenditure. Lucifer Morningstar was not able to cope up
with the stress and started an addiction of alcohol which led to constant heavy quarrels and
aggressive arguments between the couple. over time the problems between the couples
only increased. Every day from the office Lucifer Morningstar would return drunk and
heavy quarrels wouldfollow.

For almost six months after the birth of the boy this situation continued. For that period
Chloe hid the ongoing problems from her in laws and her parents in the hope that things
will get better. Chloe tried to talk sense with Lucifer Morningstar whenever he was in his
senses and asked him to concentrate on his responsibilities, but everything was futile. On
January 2nd, 2003 Lucifer Morningstar came home after heavy consumption of liquor and
after a very aggressive argument with Chloe, he started beating her and left her with
bruises on the leg and swollen left cheek. The present incident and worsening financial
hardship forced Chloe to confess everything to her in-laws & to her parents. Due to efforts
of both the families and because of the promise of financial aid, Lucifer Morningstar
vowed to quit drinking and concentrate on hisfamily.

But in late May 2005 Lucifer Morningstar changed his job & went to take a new job with
a promotion which considerably improved his financial condition. The Couple was leading
a happy life. Also, after seeing the better financial condition in July 2005 the financial
support from the parents of the couple stopped. Later in that year Lucifer Morningstar
again picked up the habit of drinking and by December 2005 the relationship between the
couple started to get effected because of constant quarrels and aggressive arguments.
The reason was again the alcohol addiction of Lucifer Morningstar.
Then the history repeated as again Lucifer Morningstar was quarreling with Chloe. There
was a series of fights which later turned into physical quarrels in which Lucifer
Morningstar was beating Chloe. On January 5th, 2006, Chloe felt that she has had enough
and then decided to tell everything to her in- laws & to her parents. However, this she was
not able to as she was stopped by Lucifer Morningstar who physically assaulted her and
threatened her that if she tried to tell anything to her parents again then he will kill the
child and solve all the problems then and there. After that day, beating became a usual
practice and on several occasions, Lucifer Morningstar also had sexual intercourse with
Chloe without her consent. Under threat and for protection of her child Chloe decided not

738
to share the problem and endured the beating, harassment and rape by her husband which
became a usualpractice.
On night of 21 March 2006 again Lucifer Morningstar came drunk at home and started
beating Chloe due to which she sustained certain injuries on her body. The beating
continued till 11:00 pm after which Lucifer Morningstar went to his room & slept.
However, Chloe was not able to sleep the entire night, she was thinking & weeping on her
situation, in her drawing room there were series of thoughts in her mind like about her life,
her child & about promises of good life made to her by her husband. In the early morning
of 22 March 2006 around 4 am, she took Iron rod in her hand & went to her bed room and
inflicted injuries on Lucifer Morningstar ’s head & vital body parts which resulted into
death of Lucifer Morningstar on the spot. Chloe then at 6:30 am went to the room and
inflicted a hit on the head of her child which resulted in the death of the child on the spot.
After all this she sat in her drawing room holding Iron rod in her hand. Later, when around
8:00 am when her maid came & saw everything, she immediately called the police &
Chloe was arrested.
Husband Lucifer Morningstar and the child was taken to hospital, where they were
declared brought dead in the hospital. Police started inquires & case was filed
againstChloe.

During the trial in the session wife was held not liable for murder on the ground that she
acted under the grave and sudden provocation and is thus liable for culpable homicide.
However, the Purushpur High Court convicted Chloe for Murder.

Now, Chloe has filed an appeal before Hon’ble Supreme Court of Hind.

Keeping in mind all the aforementioned points and any other relevant points,
FRAME THE ISSUES ON THE BASIS OF THE MOOT PROBLEM, the grounds
for filing of appeal, prepare the arguments from both the sides.

MOOT PROBLEM 3
I. Bridgerton is a sovereign republic situated in South East Asia and had formerly
been a colony of the Imperial Kingdom for roughly 200 years and won its
independence after a prolonged struggle. During the course of ruling Bridgerton,
the Imperial Kingdom had established a system of law to govern the subjects. The
legal system developed in the country was broadly based on laws formulated by
the Parliamentof theImperialKingdom andthe
JudiciaryofBridgertoninterpretedtheselawsinthelight of interpretations made by
the courts in the ImperialKingdom.

II. Immediately after becoming independent, Bridgerton proceeded to formulate its


own Constitution and recognized it as the Supreme Law of the land. This was

739
regarded as a major departure from the system prevalent in the Imperial Kingdom
where the Parliament functioned as the Supreme body. The Legislature, Judiciary,
and Executive were bestowed independent functions by the Constitution with
appropriate checks andbalances.

III. The Structure of the parliament as provided in the Constitution consists of the
President and two Houses to be known respectively as the Council of States and
the House of the People. House of the People consists of the members who are
directly elected by the people for a tenure of five years and members of the
Council of States are elected through an indirect election for a period of sixyears.

IV. For the purpose of making a law, a bill needs to be introduced in either house of
Parliament and shall not be deemed to have been passed by the houses of the
Parliament unless it has been agreed to by both houses, either without
amendment or with such amendment only as or agreed to by both houses. The
Constitution also provides for a detailed mechanism in case disagreement ensues
between the two houses.

V. Realizing the complexities involved in passing bills, the Constitution makers have
made separate provisions for money bills at both Centre and State level for the
facilitation of smooth transactions and the same have been exhaustively
enumerated under Article 110 and Article 199 of the Constitution ofBridgerton.

VI. The country has a multi-party system with a handful of national parties occupying
most of the seats in the House of People (Lower House). As for the Council of
States (Upper House), it predominantly consists of members largely from the
regional parties. The General Elections were held in the year 2014 wherein the
Bridgerton Jan Party (hereinafter referred to as AJP) emerged victorious with a
simple majority. However, the AJP still did not enjoy a clear majority in the
UpperHouse.

VII. A Financial Bill cited as a Money Bill, was tabled in the Lower House wherein
amendments to a number of Acts including the "Merger of Cyber Appellate
Tribunal with Telecom Disputes Settlement & Appellate Tribunal (TDSAT)" were
proposed to bemade.

VIII. The said bill was certified to be a Money Bill by the Hon`ble Speaker exercising
speaker's discretionary powers in this regard provided under the Constitution. On
that fateful day when the bill was being tabled for approval, many members of the
Parliament, belonging to the AJP, were absent. When the Bill was put to vote, a
unique situation arose wherein the total votes in favour and the total votes falling
against the Bill came to a tie. At this juncture, many members of the Parliament
requested the Speaker to adjourn the proceedings and hold a re-vote at a later
stage.
740
But the Speaker declined this request and decided to exercise his ‘casting vote' in
favour of passing the bill. Subsequently, the said Finance Bill received the assent of
the President and was consequently notified in the officialgazette.
IX. The Amending Act included the merger of various prominent tribunals. Among
others, the Competition Appellate Tribunal was merged with the National
Company Law Appellate Tribunal. The Cyber Appellate Tribunal and the Airports
Economic Regulatory Authority Appellate Tribunal were merged with the Telecom
Disputes Settlement and Appellate Tribunal. The Employees' Provident Funds
Appellate Tribunal was merged with the IndustrialTribunal.

X. The impugned provisions of the Amending Act were challenged before the Hon'ble
Supreme Court of Bridgerton by one Mr. Devendra Singh, a member of the Upper
House of the Parliament representing one of the regional parties of Uttam
Pradesh. He contended that this was a colourable exercise of legislation since
legislation was done on matters not enumerated under Article 110(1) in the guise
of a Money Bill and this was done to circumvent and erode the supervisory role of
the Upper House. He further contended that the Speaker acted arbitrarily and in a
mala fide fashion which could be seen as tantamount to the violation of the very
spirit of the Constitution.

In the meanwhile, one Ms. Shweta Chandra, a public-spirited lawyer also filed a PIL before
the Hon'ble Supreme Court of Bridgerton for setting aside the impugned provisions of the
Finance Act, 2017. She contended thatthe said Amendment would lead to grave injustice
and chaos to the thousands of litigants who had pending cases before existing tribunals
which had now been merged with other tribunals. According to her, this would lead to a
greater executive involvement in prescribing qualification, appointment, and removal of
chairpersons and members of merged tribunals. She contended that this would also lead to
compromising the independent character of these tribunals and is entirely against the
fundamental idea of expeditious disposal of cases for which these tribunals were constituted.
She also brought forth a question that how could an Act, which was at all earlier instances
amended by way of ordinary bills, be now amended through a Money Bill in complete
disregard of legislativeprecedence.

I. Both the cases were clubbed together by the Supreme Court and it was listed for
hearing before a division bench. During the initial hearing, it was brought to the
knowledge of the Court that a division bench had already decided on a similar
matter wherein the court had expressed its inability to interfere with the
discretion of the speaker of a Legislative Assembly. However, the existing division
bench was of the opinion that all the issues raised by the petitioners, in this case,
were not adequately addressed by the earlier division bench judgment and hence
required reconsideration by a largerbench.

741
II. Acting upon the request of the Hon'ble Division Bench, the Chief Justice of India
has formed a Constitutional bench and the case is now listed forhearing.

*******All laws of Bridgerton are in pari materia to the laws ofIndia

742
MOOT PROBLEM 4

TechnocroixCorporationv.TheUnionofIndia
with

PeopleforDigitalPrivacyv.TheUnionofIndia&TheStateofDakshin Pradesh

1. Technocroix Corporation is a private limited company incorporated in Cayman


Islands with its majority shareholders (60%) as Chinese venture funds and the
remaining 40% with two United States promoters (20% each). Technocroix is
reputed world-wide for its end-to-
enddrone/unmannedaerialvehicle(UAV)solutions,whichintegratesstate-of- the-art
drone body design with miniaturised electronics, robust and indigenously
developed operating system and supporting software that can operate the drone
aswell as undertake massive data analytics in respect of the gathered data, and
advanced sensors, cameras and detect-and-avoidsystems.

2. The data gathered byTechnocroix drones are sent back to servers located in China,
where they are analyzed in extremely granular ways. Pursuant to the data
analytics,Technocroix
wouldsenddetailedreportscontainingtheiranalysistorespectiveclients.Clientscould
then act upon these reports as they deemfit.

3. TheStateofDakshinPradesh,seeingthesophisticatedtechnologyandthequalityofoutp
ut
offeredbyTechnocroix,andappreciatingtheimmensepotentialofferedbytheapplicati
on of UAV technologies, executed a five-year contract with Technocroix in 2016.
This contract was executed after following the usual governmental procedures for
floating
tendersandawardingcontracts.Underthiscontract,TechnocroixwastoassisttheState
of Dakshin Pradesh by deploying its UAV technology and drones for various kinds
of use cases as may be specified from time to time. The contract listed natural
disasters, law enforcement, and inspection of repair and maintenance operations
in government properties as illustrative use cases but left it to the discretion of the
State to prescribe
additionalusecasesasmaybefeltnecessaryfromtimetotime.Therecitalstothe
contract mentioned that in a data-driven world, governance and public policy

743
would benefit from partnerships forged with private entities like Technocroix.

4. Three months after this contract was executed, the Dakshin Pradesh government
bureaucracy formulated a policy titled Advance Data-driven Response Policy
(ADRP)
forcitieslikeLucknow,VaranasiandAllahabad.ThestatedobjectiveofADRPwasto
integrate emerging technologies like artificial intelligence and deep learning
solutions, facial recognition solutions, internet-of-things and ubiquitous sensors,
advanced data analytics and any other sunrise technologies, into the government
machinery to enable better governance, enhance the informational pool for
triggering/channelizing public policy measures, law enforcement and more effective
management of public orderand security. ADRP specifically spelt out the use of
drones to track human movement in these cities, capture facial images, and match it
with databases of known offenders, to operationalise the State’s belief in prevention
being better than cure when it came to law enforcement and public orderconcerns.
5. In furtherance of the 2016 contract, Technocroix ran a drone surveillance pilot in
certain parts of Allahabad, reporting on near real-time basis the movement of
suspicious
individualsandtheoccurrenceofseeminglysuspiciousactivities.Thishelpedalertlaw
enforcement authorities to these happenings and take some pre-emptive steps
such as deploying more police personnel on the field and enhancing the database
of suspected persons and types of activities happening in an area. In one instance,
when a stampede
occurredinLucknowbecauseofabridgecollapse,Technocroixdroneswereimmediately
flown in to help manage the scenario. Another pilot was undertaken in 2017 when
Technocroix drones were used to help the traffic police identify choke points and
thus manage traffic better in Allahabad. A similar pilot was undertaken to help the
police with crowd management and even spotting of missing individuals
particularlychildren during an important religious festival in Varanasi in2018.

6. But Technocroix could not carry out many more activities under this contract
because the regulatory environment in India was not favourable to the
technology. However, in August 2018 things started looking up as the Union of
India finalised the UAV Regulations 1.0 and made it come into effect conditional
upon a reg-tech solution,
“DigitalSky”,beingputinplace.Inadditiontotheseregulations,theUnionofIndia also
amended the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011 with effect
from
December30,2018mandatingthatlocationalandfacialdatawouldqualifyassensitive
personal data and that all sensitive personal data of Indian People must be stored

744
in servers located inIndia.

7. TechnocroixwasnothappywiththeseregulationsandtheamendedITRulesbecausethe
y would operate jointly and severally to hamper ease of doing business for foreign
corporations, as well as hinder next generation innovation in ways that
Technocroix considered undesirable. Therefore, Technocroix approached the
Supreme Court of India challenging the UAV Regulations as well as the amended
ITRules.

8. At the same time, a People’ action group, People for Digital Privacy, validly
incorporated as a non-government organization, publicly called for a ban on UAV
technology in urban settings and densely populated regions claiming it is violative
of privacy, bodily, and property interests. They have now approached the Supreme
Court
ofIndiachallengingthetheamendedITRulesandUAVregulations(againsttheUnion of
India) and the ADRP (against the State ofU.P).

9. The Hon’ble Supreme Court of India has decided to hear both writ petitions
together because of the connected nature of issues involved as outlined below:-
1) WhetherthewritpetitionfiledbyTechnocroixCorporationismaintainableinlaw?
2) Whether the 2018 amendments to the IT Rules and the UAV Regulations
1.0are ultra vires the Constitution ofIndia?
3) Whether the ADRP is ultra vires the Constitution ofIndia?

745
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5086-Professional Ethics and Professional Accounting System

Sem 10 /Paper 02

I Course Description:

To inculcate in students the professional ethical standards prerequisite for practice in the legal
profession so that the future lawyers imbibe the qualities essential for an efficient practice of
the law.

II Learning Objectives:

 To impart the understanding of ethical considerations that lawyers must


acquaint themselves with in order to familiarize them with legal practice in the
modern age.

 To clearly imbibe in students the duties and rights that the lawyer has with
respect to the different stakeholders in the legal fraternity such as judges,
clients, colleagues and the like.

 To focus on lawyering skills essential to ensure a thriving legal practice in the


present day scenario.

III Teaching Methodology: The methodology adopted for the course would be the
following:

 Lecture method

 Case study method

 group research assignments

IV. Measurement: The performance of the students will be assessed on the basis of 100
marks out of which written assignment will be of 60 marks and a 40marks viva voce.

746
V Seminar Theme Content

Theme – I: Legal Profession In India And Bar Councils

 Importance Of Legal Profession

 Legal Profession During British Rule

 Legal Profession In Independent India

 Establishment And Organization Of Bar Council Of India

 Powers And Functions Of State Bar Councils And Bar Council Of India

 Admission, Enrollment And Rights Of Advocates

Theme – II: Professional Ethics(Rights,Duties And Professional Misconduct

 Ethics And Professional Duty, Conflicts Between Interest And Duty

 Professional Misconduct And Disciplinary Committee Of Bci

 Duty To Court, Client, Opponent, Colleague And Obligation For Legal Aid

 Professional Misconduct And Disciplinary Committee Of State Bar Council

 Duties Of Advocates In Justice Administration

 Rights And Priviledges Of Advocates

Theme – III: Administration Of Justice And Rule For Contempt

 Duties Of Judges In Justice Administration

 Developing Lawyering Skills

 Meaning Of Contempt Civil Contempt , Criminal Contempt

747
 Mens Rea Principle In Contempt Cases ,Contempt By State Government

 Contempt By Judges And Magistrates

 Case Studies -

1. Sc Bar Association v. Uoi, Air 1998 Sc 18959.

2. Smt Pushpaben & Others v. Narandas v Badani, Air 1979 Sc 153610.

3. Daroga Singh v. b k Pandey, (2004) 5 Scc 2611.

4. Pravin c. Shah v. k.a. Mohd. Ali, (2001) 8 Scc 6

Theme - IV : Practical TrainingInClient Interviewing And Counseling

 Interpersonal Skill Development

 Client Counseling And Interviewing

 Research Skill Development

 Kinds Of Question During Trial - Advantage &Disadvantage

 Self Appraisal Questionarie For Interviewrs

 Learning Skill Development From Senior Lawyers

Theme – V: Accountancy For Lawyers

 Accountancy Knowledge For Lawyers

 Accounting And Law

 Purpose Of Account Keeping

 Legal Requirements Of Book Of Accounts

 Accounts Of Professionals

 Use Of Knowledge Of Accountancy In Legal Dispute

VI Readings :

748
Prescribed Legislations:

1. The Advocates Act, 1961

2. The Contempt Of Courts Act, 1971

Suggested Books:

1. Krishnaswami Iyer’s Professional Conduct And Advocacy (1945), Available At


Https://Archive.Org/Details/Professionalcond029273mbp

2. Gcv Subba Rao, Commentary On Contempt Of Courts Act 1971 (2014)

3. Francis l. Wellman, The Art Of Cross Examination, Available At


Http://Www.Delhihighcourt.Nic.In/Library/Articles/The%20art%20of%20cross%20e
xamination[1].Pdf

4. Accounting Ethics: a Practical Guide For Professionals By Philip g. Cotteler & Jr.
Terry m. Perlin

5. Accounting Ethics By Bolt = Lee, Cynthia Lee, Moody Janet

6. Morality In Accounting By Ahmed Riachi - Belkaoui

749
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5080- Seminar Paper-I - Energy Laws
Sem 10/ Paper 03

I. Course Description:

Energy today is vital for needs of mankind. It is critical also for the socioeconomic
development of a nation. As a ‘strategic commodity ’and the nations that could build the
energy resources would have an upper hand in future as the energy demand will is expected
that the worldwide energy demand will be doubled by 2050. Thus, it becomes a great concern
for most of the countries how they will satisfy their huge rising energy demand. This energy
demand should also be met in an environmentally friendly way. The subject would therefore
discuss the growth of Energy law, both in India and abroad and particularly the regulatory
framework.

II. Learning Objectives:

The course shall have the following learning objectives

- Enable the students to identify the challenges that legal regulations in energy sectors
face in terms of consumption, production and conservation of energy

- Enable the students to understand the role and responsibility of the various
stakeholders in conservation of energy and the analysis of legislation on the matter at
both National and International Level

- Enable the students to identify the role of energy in socio – economic – political
relations

- Enable the students to develop critical thinking and inculcate research skills with
respect to Energy law and Policy.

III. Teaching Learning Methodology:

Basically, this paper employs seminar method of teaching wherein the learning by
discussions and related forms of learning exercises. The major feature is that the students are
assigned to take on teaching roles and responsibilities on assigned / voluntarily chosen topic.

750
It offers tremendous opportunities for students and facilitating faculty to make learning
experiential, meaningful, and lasting.

The outlined learning topics will be assigned as a specific task to the students to make a
detailed study and offer a lecture and invoke participatory questions. The students also may
generate newer topics under the theme and take up seminar.

The topics will have to be presented, debated and discussed. It should satisfy all essentials of
a research paper.

The participants will make an enquiry with leading questions, formulated by their individual
study and evidenced based research.

The presenter will be evaluated by the student-participants and the seminar teacher evaluator
on a commonly evolved scale.

IV. Measurement: The performance of the students will be assessed on the basis of 100
marks out of which written assignment will be of 60 marks and a 40marks viva voce.

V. Seminar Theme Content

Theme I- Understanding Energy Law: Background and Energy Governance

1.1.Role of law in energy governance

1.2.Property and proprietary rights over natural resources including energy resources
– Issues

1.3.Economic character

1.4.Overview of energy sector in India

1.5.Sources of energy law:

1.6.Constitutional and legal dimensions of energy governance In India . The Energy


Conservation Act, 2001

Theme 2 - Electricity and Energy Law in India

2.1.Policy frame work

751
2.2.Regulatory mechanism & Regulatory frame work

2.3.Statutory Structure and Legal Regime

2.4.The Indian Electricity Act, 2003

2.5.Reforms in the electricity sector

2.6.Private sector participation – Issues

Theme 3- Non-Renewable Energy

A. Regulation of Coal Sector:

3.1.Policy and Regulatory mechanism - The Mines and Mineral (Regulation and
Development) Act, 1957, The Mines Act, 1952

3.2.Reforms in the coal sector: Issues and challenges

B. Regulation of Oil and Gas Sector

3.3.Policy and Regulatory Mechanism: The Oilfields (Regulation and Development) Act,
1948 , The Petroleum Act, 1934

3.4.Private sector participation – Issues and challenges

3.5.Non-Renewable Energy and International Legal Framework

3.6.International Trade and Energy- The changing Perspectives

Theme 4- Nuclear Energy: International Framework

4.1.Importance of Nuclear power and challenges in India

4.2.The Atomic Energy Act, 1962

4.3.The Civil Liability for Nuclear Damages Act, 2010

4.4.Nuclear Energy and Non-Proliferation

4.5. Nuclear Energy and International Legal Framework

4.6.Nuclear Energy, Nuclear Power and Disarmament

752
Theme 5- Renewable Energy and focus on environment

5.1.Policy framework with respect to Renewable Energy Post 2000

5.2.Challenges to the development of Renewable energy in India

5.3.Comparative Study of Renewable Energy Laws- with special reference to U.S.A, EU,
U.K and China.

5.4.Interaction between energy law and environmental law

5.5.Fiscal incentives to encourage control and prevention of pollution

5.6.Sustainable Development and Regulation of Energy

VI. Readings

Books:

• Progress in Energy and Combustion Science, Volume 21, Issue 4, 1995, Pages 269–
360, Coal: Energy for the future, J.P. Longwell, E.S. Rubin, J. Wilson

• Science 24 August 2001: Vol. 293 no. 5534 p. 1438, DOI: 10.1126/science.1063376,
Policy Forum Energy, Exploiting Wind Versus Coal, Mark Z. Jacobson and Gilbert
M. Masters

• Energy, Volume 28, Issue 5, April 2003, Pages 441–456, The solar thermal
gasification of coal; energy conversion efficiency and CO2 mitigation potential, P.V.
Zedtwitza and A. Steinfelda

• International Journal of Coal Geology, Volume 72, Issue 1, 3 September 2007, Pages
1–14, Lignite and hard coal: Energy suppliers for world needs until the year 2100:
An outlook, Thomas Thielemanna, Sandro Schmidta, J. Peter Gerlinga

• Jha, Commodore NK Indo-US Civil Nuclear Cooperation: Implications and options,


M.Phil Thesis, National Defence College, New Delhi, University of Madras.

• Louka, Elli(2011) Nuclear Weapons:Justice and the Law, Edward Elgar Publishing
Limited, Massachusetts, U.S.A.

• International Journal of Renewable Energy and Environmental Engineering, ISSN


2348-0157, Vol. 01, No. 01, October 2013, IJREEE 010107, 2013 Basha Research
Centre, Status of Electric power generation in India with special emphasis on
Hydropower expansion, D. S. Subrahmanyam

753
• Energy, Volume 34, Issue 8, August 2009, Pages 981–991, Energy and its sustainable
development for India, Renewable energy in India: Historical developments and
prospects, S.C. Bhattacharya, ChinmoyJanaa

• Renewable and Sustainable Energy Reviews, Volume 15, Issue 4, May 2011, Pages
2021–2027, Small hydropower for sustainable energy development in India,
Himanshu Nautiyal, S.K. Singal, Varuna, Aashish Sharma

• “E-book: Ministry of power, coal and new renewal energy” available at


http://mnre.gov.in/file-
manager/UserFiles/ministry%20of%20power,%20coal%20and%20new%20renewal%
20energy%20ebook%20english%20virsion/index.html#page/14 last visited on 22nd
January, 2015

Journal Articles:

• K, Konoorayar, Vishnu and V.S., Jaya (2011) ‘Atomic Energy Law in India: An
Analysis’, KLRI Journal of Law and Legislation, Volume. 1, Seoul.

• Hosur, Prashant (2009-2010) “Indo-US Civilian Nuclear Agreement”, 65 Int’l J. 437

• Bhattacharjee, Saurabh (2012) ‘Looking through the prism of international


environment and human rights law- International Civil Nuclear Liability Law and a
call for Indian exceptionalism’, ,Int.J. Nuclear Law, Vol. 3, No. 4.

• World Bank Report (2010) “Unleashing the potential of Renewable Energy in India”

• “Implementing National Solar Mission in India Need for an effective Legal and
Institutional Response: Policy and Legal Recommendations” available from
www.boell-india.org last visited on 24th January, 2015

• Donald Zillman and Raymond Deeny, “Legal Aspects of Solar Energy Development”,
1976 Ariz. St. L.J. 25 (1976)

• Steven E. Ferrey, “Solar Banking: Constructing New Solutions to the Urban Energy
Crisis”, 18 Harv. J. on Legis. 483 (1981)

• “Investment in Indian Wind Energy Sector: A research report” Salvus Capital


Advisors Pvt. Ltd available at www.salvuscapital.com/iiwes.pdf last visited on 25th
January, 2015. Sustainable Development Department, New Delhi

• “India Wind Energy Outlook 2012” by Global Wind Energy Council available at
www.wisein.org last visited on 25th January, 2015

754
• P R Krithika and Siddha Mahajan “Background paper Governance of renewable
energy in India: Issues and challenges” [TERI-NFA Working Paper Series No.14,
March 2014]

• Ernest Smith, “Wind Energy: Siting Controversies and Rights in Wind” 1 Envtl. &
Energy L. &Pol'y J. 281 (2005-2007)

• P.R. Shukla, “Biomass Energy in India: Policies and Prospects” available at


www.decisioncraft.com/energy/papers/ecc/re/biomass/bpi.pdf last visited on 24th
January, 2015

• John Cobb, “Mitigating the Unintended Consequences of Biofuel Tax Credits”, 49


Harv. J. on Legis. 451 (2012)

• Sarah M. Hayter, “Climate Change Mitigation with Renewable Biomass: Shifting


Legal Incentives away from Electricity and Towards Cogeneration”, 31 Miss. C. L.
Rev. 429 (2012-2013)

• Raphael J Heffron, Anita Rønne, Joseph P Tomain, Adrian Bradbrook, Kim Talus, A
treatise for energy law, The Journal of World Energy Law & Business, Volume 11,
Issue 1, March 2018, Pages 34–48, https://doi.org/10.1093/jwelb/jwx039

• Liebrich M Hiemstra (2021) Energy trading and the exchange of information between
supervisors: effectiveness of fragmented supervision and information sharing, Journal
of Energy & Natural Resources Law, 39:2, 159-
182, DOI: 10.1080/02646811.2020.1841400

• McCauley, D., & Heffron, R. (2018). Just Transition: integrating climate, energy and
environmental justice. Energy Policy, 119, 1- 7, https://research-repository.st-
andrews.ac.uk/bitstream/handle/10023/17583/McCauley_2018_EP_JustTransition_A
AM.pdf?sequence=1&isAllowed=y

• Don C Smith (2021) Developing and deploying energy storage technologies: a ‘holy
grail’ effort on which the world cannot afford to fail, Journal of Energy & Natural
Resources Law, 39:2, 131-136, DOI: 10.1080/02646811.2021.1911097

755
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5082- Seminar Paper-II --Law, Economics and Startups
Sem 10 Paper 04

I. Course Description: In modern India, startups have been considered as one of the
foundations of economic growth. With the country adopting a market based economy, the
governmental policies have been geared to fuel the growth of the startups by providing
funding, enabling academia-industry partnership and providing for seed funds for innovation.
This seminar course delves into the relationship of various laws and regulations with respect
to startups in India and aims to sensitize the train the students on the myriad regulatory and
legal aspects with regard to the setting up of startups in India.

II. Learning Objectives:

The course shall have the following learning objectives:

 To sensitize the students about the role of startup in the Indian economy.

 To brief the students about the various implications of various regulations in relation
to startups.

 To make the students aware about the various governmental scheme with regard to
startups.

 To sensitize the students about the various modes of fund raising for startups.

III. Teaching Learning Methodology:

This paper employs seminar method of teaching wherein the learning by discussions and
related forms of learning exercises. The major feature is that the students are assigned to take
on teaching roles and responsibilities on assigned / voluntarily chosen topic. It offers
tremendous opportunities for students and facilitating faculty to make learning experiential,
meaningful, and lasting.

1. The outlined learning topics will be assigned as a specific task to the students to make
a detailed study and offer a lecture and invoke participatory questions. The students
also may generate newer topics under the theme and take up seminar.

756
2. The topics will have to be presented, debated and discussed. It should satisfy all
essentials of a research paper.

3. The participants will make an enquiry with leading questions, formulated by their
individual study and evidenced based research.

4. The presenter will be evaluated by the student-participants and the seminar teacher
evaluator on a commonly evolved scale.

IV. Measurement: The performance of the students will be assessed on the basis of 100
marks out of which written assignment will be of 60 marks and a 40 marks viva voce.

V. Seminar Theme Content

Theme 1- Role of Start-ups in the Indian Economy.

1.7.The Contribution of the Start-ups in the Indian Economy.

1.8. Financial Support system with respect to startups in India.

1.9. The economics of wealth distribution and employment generation in startups

1.10. Success stories of Startups in India

1.11. Startup India campaign and the policies by the government of India

1.12. Entrepreneurship and Governance Issues with respect to Startups.

Theme 2 - Funding for Start-ups

2.7. Fund raising for Startups – An Overview

2.8.Regulatory Framework for Fund Raising in India

2.9. Crowd Funding and Leasing

2.10. Venture Capital Funds and Startups

2.11. Seed Capital and startups

757
2.12. Bank financing for startups and associated regulations

Theme 3- Management of a Start-up

3.7. Business Model of a Startup

3.8.Capital Investment for a Startup

3.9. Sources of revenue for a Startups

3.10. Expenses and Startups

3.11. Project Application to a Funding Agency for Startup

3.12. Regulatory framework in India with respect to funding a startup

Theme 4- Legal and Tax Implications in a Start-up

4.7. Registration of Startups

4.8.Tax Registration for Startups

4.9.Regulatory Compliances for the Startups

4.10. GST Registration procedure for the startups

4.11. Tax exemptions for startups under various government schemes

4.12. Filing of IT returns for startups

Theme 5- Foundations of a Start-up

5.7. Ideation of a startup

5.8.Business Model of a startups

5.9.Regulatory and legal compliance for startups

758
5.10. Documentation and allied formalities in a startup

5.11. Marketing of a startup

5.12. Impediments to a startup

V. Readings

Journal Articles:

Bessen, J.E., Impink, S.M., Reichensperger, L. and Seamans, R., 2018. The Business of AI
Startups. Boston Univ. School of Law, Law and Economics Research Paper, (18-28).

Matricano, D., 2020. The effect of R&D investments, highly skilled employees, and patents
on the performance of Italian innovative startups. Technology Analysis & Strategic
Management, 32(10), pp.1195-1208.

Baporikar, N., 2015. Framework for social change through startups in India. International
Journal of Civic Engagement and Social Change (IJCESC), 2(1), pp.30-42.

Vijai, C. and Wisetsri, W., 2021. Rise of Artificial Intelligence in Healthcare Startups in
India. Advances In Management, 14(1), pp.48-52.

Satyanarayana, K., Chandrashekar, D. and Hillemane, B.S.M., 2021. An Assessment of


Competitiveness of Technology-Based Startups in India. International Journal of Global
Business and Competitiveness, 16(1), pp.28-38.

Bhattacharyya, S.S. and Shrey, A., 2019. Supply chain startups in India: A cross case
comparative analysis. In Handbook of research on corporate restructuring and
globalization (pp. 320-344). IGI Global.

Motha, L.C.S., Nalini, R., Alamelu, R., Amudha, R. and Badrinath, V., 2017. Health Startups
in India-A Progression Towards Development. Research Journal of Pharmacy and
Technology, 10(12), pp.4175-4177.

Motha, L.C.S., Nalini, R., Alamelu, R., Amudha, R. and Badrinath, V., 2017. Health Startups
in India-A Progression Towards Development. Research Journal of Pharmacy and
Technology, 10(12), pp.4175-4177.

759
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5083-- Seminar Paper-III (Court and Docket Management)
Sem 10 /Paper 05

I Course Description:

This course is intended to introduce students with the practical aspects associated with docket
management. The subject has practical significance, particularly for persons who consider
entering litigation.

II Learning Objectives:

The course is designed for the studnets with following objectives:

 To familiarize the students with the concept and significance of access to justice .

 To help in understanding the hierarchy of the courts and the judicial process.

 To help them analyse the efficiency of the courts vis a vis disposal rate of the courts.

 To equip them to examine the current position of docket and court managment in
India

 To develop their insights on e-courts management.

III Teaching Methodology: The methodology adopted for the course would be the
following:

 Lecture method

 Case study method

 group research assignments

IV Measurement: The performance of the students will be assessed on the basis of 100
marks out of which written assignment will be of 60 marks and a 40marks viva voce.

V Seminar Theme Content :

760
Theme 1: Spectrums of judicial process in India

1.1.The procedural hurdles

1.2.Power spectrum and judicial process

1.3.Constitutional adjudication

1.4.Court structure in India

1.5.Methods of judicial process

Theme 2 : Demistifying Access to justice

1.1 Justice as a concept

1.2 Factors contributing to miscarriage of justice

1.3 Judicial creativity and precedents

1.4 Recommendations by law comission of India

1.5 Judicial trends on access to justice

(Anita kushwaha vs pushpa sudan sc 2011)

Theme 3 :Court management in India

1.1 Current problems in management of court

1.2 Management and adminitration of courts in India

1.3Techniques of court management

1.4 Stakeholders of court management

1.5 National court management system

Theme 4: Docket management

1.1 Meaning - Docket

1.2 Docket explosion and its managment

1.3 Status on pendency anddisposal rateof cases

1.4 Difference between court management and docket management

761
1.5 Alternatives on docket explosion

Theme 5: ICT and modern justice delivery systems

1.1 Traditional adjudicatory systems and modern adjudication systems

1.2 Disruptive technology in courts

1.3 Alternative dispute resolution

1.4 E-courts in pandemic era

1.5 The way forward

VI Readings:

Text Books:

1. Court Operations Management & Administration, Neha Saini Makkar , Neha Saini,
Satyam law international, Jan 2017

2. Judicial Process, Dr G.P. Tripathi, Central Law Publications, 2015

3. Adjournments, Case & ligigation Management and Court Management & administration,
Arun Mohan, 2015

SUGGESTED READINGS

1. https://doj.gov.in/sites/default/files/Final%20DOJ%20Report_Revised%20%2
81%29.pdf

2. https://main.sci.gov.in/pdf/NCMSP/ncmspap.pdf

3. http://lawcommissionofindia.nic.in/adr_conf/casemgmt%20draft%20rules.pdf

4. https://dakshindia.org/access-to-justice-survey/

5. https://academic.oup.com/ijlit/articleabstract/3/2/144/715057?redirectedFrom=
PDF

6. https://www.alrc.gov.au/wp-content/uploads/2019/08/ALRC89.pdf

7. https://lawcommissionofindia.nic.in/adr_conf/mayo%20rao%20case%20mngt
%203.pdf

762
10TH SEMESTER
SPRING SEMESTER
B.A.L.L.B(H)/B.B.A.L.L.B(H)/B.Ssc L.L.B(H)
LW 5085-- Seminar Paper –IV-Tribal Laws
Sem 10 Paper 06

I. Course Description:

"Tribals have been victims of social exclusion not simply because of the historical exclusion
and marginalisation and geographical isolation; but recent dispossession of their traditional
habitation and rights to resources, and erosion of their autonomy because of other
development interventions".

The tribal population in India eke out their livelihood with many inherent socio- cultural,
economic and political challenges. 8.6% of India’s population constitutes its tribal
community. They are manifested in definite common topography with a strong sense of
unity. They are endogamous group with common dialects. They have a distinct political
organization and strong cultural bonding. They are exposed with vulnerabilities considering
the main frame national framework.

II. Learning Objectives: This seminar course will explore the laws and their basic human
& constitutional rights and the legal protection system considering the above issues.

At the end of this course, the students will be able to: -

1. Visualize the tribal livelihood complexities in the socio-economic-political vis-à-vis


enshrined justice framework of the nation

2. Proactively advance arguments for mainstreaming the tribes as important stakeholder

3. Understand the jurisprudence of the international and national level legal instruments
for the tribes of India

4. Analyse the structural issues and barriers that the tribes face in the India

5. Appreciate the various sociological processes at work within the tribes and among
them and the others in India today.

6. Evaluate how far the legal framework is effectively able to address the issues of the
tribes in India

763
III. Teaching Learning Methodology:

Essentially the seminar method drives the learning by discussions and related forms of
learning exercises. The predominant feature is that the students are assigned to take on
teaching roles and responsibilities on assigned / voluntarily chosen topic. It offer tremendous
opportunities for students and facilitating faculty to make learning experiential, meaningful,
and lasting.

5. The outlined learning topics will be assigned as a specific task to the students to make
a detailed study and offer a lecture and invoke participatory questions. The students
also may generate newer topics under the theme and take up seminar.

6. The topics will have to be presented, debated and discussed. It should satisfy all
essentials of a research paper.

7. The participants will make an enquiry with leading questions, formulated by their
individual study and evidenced based research.

8. The presenter will be evaluated by the student-participants and the seminar teacher
evaluator on a commonly evolved scale.

IV. Measurement: The performance of the students will be assessed on the basis of 100
marks out of which written assignment will be of 60 marks and a 40marks viva voce.

V. Seminar Theme Content

Theme 1- Constitutional Safeguards

Addressing the Political Safeguards; Addressing Economic Safeguards; Addressing the


Cultural Safeguards; Addressing the Educational Safeguards; Tribal status and space within
the federal framework of Indian Constitution; Addressing the issues of autonomy and
decentralized governance- Fifth and Sixth Schedules of the Constitution, Panchayat
(Extension to Scheduled Areas) Act 1996

Theme 2- Codified and non codified customs of tribes

764
Customary Law - Historical background; Customary Law and customs- case laws,
judgements and trends; Marriage, divorce and adoption related; Succession/Inheritance
related; Forests and Land related; Environment Protection related; Customary law vs State
law- legal prospects, criminalizing tribal customs

Theme 3- Tribal Movements in Colonial India

Historical background of the early tribal struggles; Secessionist Movements- Naga Separatist
Movement, Naxalite Movements; Movements connected with Religion; Land and Forest
Based Movements; Autonomy Movements- Jharkhand, Greater Nagaland and Mizoram; New
Social Movements and the Role of Tribes

Themee 4- Gender and Inequality in Tribal Society

Tribal Women in a Traditional Setting; Position of Women in Different Social Formations;


Women in a changing Tribal Society; Role of women in Tribal Movements; Tribal Women
and Economic & Political Development; Emerging Discourses

Theme 5- Protection and Welfare of Tribals

International legal instruments on Conservation of Indigenous People and their Culture;


Statutory Bodies, Ministries and Departments for Scheduled Tribes Welfare; Tribal Research
and Training Institutes; Tribal Health; Sustaining Tribal Languages; Promotion of Tribal art,
handicrafts, cuisine and handlooms

Readings

Books/E books

 Apoorv Kurup, Tribal Law in India: How Decentralized Administration Is


Extinguishing Tribal Rights and Why Autonomous Tribal Governments Are Better

 Ghanshyam Shah, Social movements in India (2004)

 G.S.Narwani, Tribal Law in India (2003)

 Indra Munshi (ed.), The Adivasi Question- Issues of Land, Forest and Livelihood
(2012)

 I.P.Vidyarthi & Binay Kumar Rai, The Tribal Culture of India (2018)

765
 Virginius Xaxa, State, society and tribes: Issues in Post- Colonial India (2014)

 Virginius Xaxa and Dev Nathan, Social Exclusion and Adverse Inclusion:
Development and Deprivation of Adivasis in India (2012)

 Meena Radhakrishna, First Citizens: Studies on Adivasis, Tribals, and Indigenous


Peoples in India (2016)

 Nupur Tiwari, Tribal Self-Governance: PESA and its implementation (2016)

 N.K.Behura and Nilakantha Panigrahi, Tribals and the Indian Constitution:


Functioning of Fifth Schedule in the State of Orissa (2006)

 National Commission for Scheduled Tribes

 Nandini Sundar, Legal Grounds: Natural resources, identity and the law in Jharkhand
(2009)

 Nandini Sundar, The Scheduled Tribes and Their India: Politics, Identities, Policies,
and Work (2016)

 Shambhu Prasad Chakrabarty, Tribal Rights in India (2018)

 Vasudha Dhagamwar, Role and Image of Law in India: The Tribal Experience (2005)

Journal Articles

 Pragya Rakshita, Tribal Women in India: International and National Safeguards- A


Comparative Study, Commonwealth Law Bulletin, Vol 47, 2021, Issue 1

 J. Ambagudia, Scheduled Tribes, Reserved Constituencies and Political Reservation in


India, Journal of Social Inclusion Studies, 2019

 D. K. Biswal, Decoding Environmental Politics, Industrialization, Indigenous Rights and


Resistance Movements, South Asian Journal of Social Sciences and Humanities, Vol.2,
Issue 1, 2021

 K.Dungdung and B.K.Patnaik, Tribal Developments in Odisha: An Empirical Analysis,


South Asia Research

 Apoorv Kurup, Tribal Laws vis-a-vis Gram Nyayalayas Act, 2008, Journal of the Indian
Law Institute, Vol.51, No.2, April- June, 2009

 Pooja Parmar, Undoing Historical Wrongs: Law and Indigeneity in India, Osgoode Hall
Law Journal, Vol.49, No.3(Summer, 2012)

766
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KIIT Deemed to be University


At / P.O.:-KIIT, Bhubaneswar-751024, Odisha, India
Ph: + 91 2725113, 2741998, Fax: +91 2740326, E.mail: kiit@kiit.ac.in, Website:www.kiit.ac.in

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