LL.B.

THREE YEARS COURSE

(ANNUAL SCHEME)

SYLLABUS AND COURSE COMPONENT ONLY

FOR LL.B. STUDENTS ADMITTED IN SESSION

2022-23 [NINE PAPER SCHEME]

SECOND YEAR SESSION 2023 –24

[ALL SUBJECTS]
© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 1
 LAW SUBJECTS [LL.B.]
S. No. NAME OF SUBJECT NUMBER OF
PAPER / PAPERS
1) JURISPRUDENCE 01
2) LAW OF CRIMES 01
(INDIAN PENAL CODE, 1860)
3) TRANSFER OF PROPERTY LAW (ACT OF 01
1882) AND
THE INDIAN EASEMENTS ACT, 1882
4) COMPANY LAW AND 01
THE COMPETITION ACT, 2002
5) PUBLIC INTERNATIONAL LAW AND 01
HUMAN RIGHTS
6) LABOUR AND INDUSTRIAL LAWS 01
7) PRINCIPLES OF TAXATION LAW 01
PRACTICAL / CLINICAL PAPERS
8) MEDIATION, CONCILIATION 01
AND ARBITRATION
9) PROFESSIONAL ETHICS & PROFESSIONAL 01
ACCOUNTING SYSTEM
TOTAL – 09 PAPERS

LL.B. SECOND YEAR COURSE CODE: 151

LL.B. SECOND YEAR SESSION 2023-24

PAPER 2.1. : JURISPRUDENCE
PAPER 2.2. : LAW OF CRIMES (INDIAN PENAL CODE, 1860)
PAPER 2.3. : TRANSFER OF PROPERTY LAW (ACT OF 1882)
AND THE INDIAN EASEMENTS ACT, 1882
PAPER 2.4. : COMPANY LAW AND
THE COMPETITION ACT, 2002
PAPER 2.5. : PUBLIC INTERNATIONAL LAW AND
HUMAN RIGHTS
PAPER 2.6. : LABOUR AND INDUSTRIAL LAWS
PAPER 2.7. : PRINCIPLES OF TAXATION LAW
PRACTICAL PAPERS:
PAPER 2.8 : MEDIATION, CONCILIATION
AND ARBITRATION
PAPER 2.9. : PROFESSIONAL ETHICS & PROFESSIONAL
ACCOUNTING SYSTEM

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 2

 SECOND YEAR

SESSION 2023 – 24

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 3

PAPER 2.1.
JURISPRUDENCE

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

Jurisprudence in its etymological sense means the science of law. It is the foundation on
which the entire edifice of law is structured. It is therefore imperative to have a clear
understanding of jurisprudence as it is sine-qua-non for the study of any law subject. The
subject acquaints the students with the complexities of laws and introduces them to the means
of solving them based on sound jurisprudential principles. In spite of there being several
schools of thought on this subject, there is a general convergence of the fundamental
principles. The study of this subject will help the students in the analysis of legal concepts,
sharpen his technique of logical thinking and ultimately aid in understanding the assumptions
upon which a statute rests.

UNIT - I
Introduction:
Definition, Nature, Scope and Importance: Salmond, Austin, Holland and Julius Stone
Sources of Law: Legal and Historical Sources: Legislation: Definition, Classification and
Principles of Statutory Interpretation, Codification: Advantages and Disadvantages of
Codification; Precedent: Definition, Theories and Kinds of Precedent: Stare Decisis; Ratio
Decidendi and Obiter Dicta; Custom: Definition and Kinds of Custom, Requisites of a Valid
Custom, Custom and Prescription: Relative Merits and Demerits of Legislation, Judicial
Precedent and Custom as a Source of Law;

UNIT - II
Schools of Jurisprudence:
Analytical Positivism: John Austin, Hans Kelsen and H.L.A. Hart; Historical: Von Savigny
and Henry Maine; Sociological: Ihering, Ehrlich, Roscoe Pound; Natural Law School:
Relation between Law and Morality; American Realism: Justice Holmes and Oliver Crona;
Feminism: Radical Feminism; Desire Dominance Theory; Cultural Feminism;

UNIT - III
Rights and Duties:
Nature & Characteristics: Theories of Rights: Kinds of Legal Rights: Wesley Newcomb
Hohfeld’s Analysis of Legal Rights: Cognate Concepts like Liberty, Power, Immunity,

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 4

Privilege etc. Duties, Nature & Characteristics; Classification of Duties: Correlation of Rights
and Duties; Concept of Property; Definition and Kinds; Negligence; Civil and Criminal
Liability;

UNIT - IV
Ownership and Possession:
Meaning of Ownership; Kinds, Definition of Ownership by Austin and Salmond, Relation
between Ownership and Possession; Importance of Possession; Elements of Corporeal
Possession and Problems; Acquisition and Theories of Possession: Possession in Law &
Possession in Fact; Salmond and Savigny;

UNIT - V
Concept of Person:
Person: Definition and Nature of Personality: Legal Status of Unborn Children, Minor,
Lunatic, Drunken and Dead Persons, Legal Status of Animals: Legal Persons: State and
Corporate Personality; Theories of Corporate Personality; Obligation and Liability:
Definition and Nature of Obligation and Liability: Sources of Obligation and Liability; Kinds
and Theories of Liability: General Conditions of Liability; Theories of Punishment:
Retributive, Deterrent, Expiatory, Reformative, Rehabilitative Theory; Constitutionality of
Capital Punishment;

LEADING CASES:
1) Bengal Immunity Co. v. State of Bihar, AIR 1955 SC 561
2) Kesavananda Bharthi v. State of Kerala, AIR 1973 SC 1476
3) Maharaja Shree Umaid Mills Ltd. v. Union of India, AIR 1963 SC 953
4) Maneka Gandhi v. Union of India, AIR 1978 SC 597
5) Minerva Mills v. Union of India, AIR 1978 SC 1789
6) Smt. Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299
7) Navtej Singh Johar & Ors. v. Union of India AIR 2018 SC 1933
8) Naz Foundation v. Government of N.C.T. of Delhi 111 DRJ 1 / 160 Delhi Law Times
277 (2009) Delhi High Court

SUGGESTED READINGS:
 Anirudha Prasad VidhiShastraKeMoolSiddhant: Principles of Jurisprudence
(Hindi) Eastern Book Company, 2019
 B.N. Mani Tripathi, Jurisprudence (Hindi) 15th Ed., Central Law
Publication, 2015
 Bodenheimer Jurisprudence; The Philosophy and Method of Law, Harward
University Press, 2020
 Dias, Jurisprudence, 5th ed., Lexis Nexis Publication,2013
 H.L.A. Hart, The Concepts of Law, Oxford, Clarendon Press, 1970.
 Inderjeet Singh Jurisprudence An Introduction(Hindi) 3rd Ed., Central
Law Publication,2017

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 5

  Michael Freeman (Ed). Lloyd’s Introduction to Jurisprudence (1994), Sweet &
Maxwell
 Paton G.W., Jurisprudence (1972) Oxford, Clarendon Press.
 P.S. Atchuthen Pillai, Jurisprudence & Legal Theory 2016 Reprint (3rd
Edition), Eastern Book Company, Lucknow.
 Roscoe Pound, Introduction to the Philosophy of Law, Re-Print, Universal,
Delhi, 1998
 N. V. Paranjape, Jurisprudence & Legal Theory (Hindi), Central Law
Agency, 2017
 Salmond on Jurisprudence,Tripathi, Bombay, 1999
 V.D. Mahajan, Jurisprudence and Legal Theory, Eastern Book Company,
2018
 W. Friedman, Legal Theory, Universal Law Publishing Co., Delhi, 1999

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 6

PAPER 2.2.
LAW OF CRIMES
INDIAN PENAL CODE, 1860

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

The primary objective of criminal law is to maintain law and order in the society and to
protect the life and liberty of people. It is for this reason that the people place their ultimate
reliance on this branch of law for protection against all injuries that human conduct can inflict
on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak,
ambiguous or ineffective, nor can it be harsh and arbitrary in its impact. The application of
criminal law has to be uniform regardless of any discrimination on grounds of class, caste,
religion, sex or creed etc. of either the criminal or the victim. This paper has been so designed
as to generate critical thinking among the students about the stated objectives of criminal law
and enable them to scrutinize the recent developments and changes that have taken place in
the field including the major amendments made to the Code in the years 2013 and 2018.

UNIT- I
Nature and Definition of Crime, Crime and Offence, Crime and Tort, Criminal Law and
Criminal Science, Principle of Criminal Liability: Actus Non FacitReum Nisi Mens Sit Rea,
Burden of Proof on Prosecution, Presumption of Innocence of the Accused, Interpretation of
Penal Statutes, Theories of Punishment: Retributive, Expiatory, Deterrent, Preventive and
Reformative, Protection in Respect of Conviction for offences (Article 20, Constitution of
India) , Protection Against Arrest and Detention in certain cases (Article 22, Constitution of
India)Title and Extent of Operation of the Indian Penal Code (Section 1), Territorial
Jurisdiction (Sections 2,3,4), Certain Laws Not To Be Affected by the Indian Penal Code
(Section 5), General Explanations (Section 6 to 52-A Except Sections 34 to 38), Punishments
(Section 53,54,55,55-A,57,60,63 to 75)
Stages of Crime: Mental, Preparation, Attempt and Completion; Inchoate Crimes; Mental
Stage Generally Not Punishable, Preparation Generally Not Punishable, But When Is It
Punishable? Attempt: Impossible and Possible (Mainly Sections 511,307,309); Impossible
Attempt to Body Offence Generally Punishable but of Property Generally Not Punishable,
Possible Attempts
Abetment and Abettor (Mainly Sections 107, 108, 108-A, 111, 113, 305, 306, 109 and 114)
Miscellaneous (Sections 121, 121-A, 124-A, 191, 192, 195-A, 201, 228-A, 229-A, 230 to
232, 268, 294-A and 295-A);

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 7

UNIT-II
General Exceptions (Sections 76 to 106), Joint, Constructive and Vicarious Liability (Mainly
Sections 34 to 38, 141 to 149, 153-A, 153-B, 159 and 160), Criminal Conspiracy (Sections
120-A, 120-B);

UNIT-III
Offences Affecting Human Body (Sections 299 to 377);

UNIT-IV
Offences against Property (Sections 378 to 462);

UNIT-V
Offences Relating To Documents (Mainly Sections 463 to 471); Offences Relating To
Marriage (Sections 493 to 498); Cruelty by Husband or Relative of Husband (Section 498-
A); Defamation (Sections 499, 500); Criminal Intimidation, Insult and Annoyance (Sections
503 to 510);

LEADING CASES:
1) Bachan Singh v. State of Punjab AIR 1980 SC 898.
2) Independent Thought v. Union of India AIR 2017 SC 4904.
3) Joseph Shine v. Union of India AIR 2018 SC 4898.
4) K. M. Nanavati v. State Maharashtra AIR 1962 SC 605.
5) Laxmi v. Union of India & Ors. (2015) 2014 SCC 2 427.
6) Mahbub Shah v. Emperor AIR 1945 PC 115.
7) Navtej Singh Johar v. Union of India AIR 2018 SC 4321.
8) Reg. v. Govinda (1876) 1Bom.342.
9) State (N.C.T. of Delhi) v. Navjot Sandhu 2005 Cr.L.J. 3950SC
10) Virsa Singh v. State of Punjab AIR 1958 SC 465.

SUGGESTED READINGS:
 Hari Singh Gaur, Penal Law of India (4 volumes), 11th Edition, Law
Publishers India Pvt. Ltd., 2018
 J.W. Cecil Turner, Kenny’s on Outlines of Criminal Law, 19th Ed, Cambridge
University Press, 1966
 K.D. Gaur, Commentary on Indian Penal Code 3rd Ed 2019, Central Law
Publication
 K.D. Gaur, A Text Book on Indian Penal Code (Hindi)1st Ed 2020 Central
Law Publication
 K.N. Chndranshekhar Pillai, Essay’s on Indian Penal Code, Indian Law
Institute. 2015
 Principles of Criminal Law by R C Nigam, Law of Crimes in India, Vol. I,
AsiaPublishing House, New York.1965.

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 8

  P.S.A. Pillai’s Criminal Law, 13th Ed. Revised by K.I. Vibhute, Lexis Nexis,
New Delhi, 2018
 Ratanlal and Dhirajlal, The Indian Penal Code, Wadhwa and Company,
Nagpur, 2018
 S.K. Savaria, R. A. Nelson’s Indian Penal Code (4 Volumes), Lexis Nexis
Delhi, 2019
 Smith and Hogan, Criminal Law, Oxford University Press, 2018
 Stephen, A History of Criminal Law of England, Vol. III (Last Chapter on
Indian Penal Code), London, Macmillan, 1883
 T. Bhattacharyya Indian Penal Code,(Hindi)9th Ed. Central LawAgency,
2020
 T. Bhattacharyya Indian Penal Code, 10th Ed Central Law Agency, 2020

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 9

PAPER 2.3.
TRANSFER OF PROPERTY LAW, 1882 AND
THE INDIAN EASEMENTS ACT, 1882

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

The focus of this course in on the study of the concept of ‘Property’, the ‘Nature of Property
Rights’ and the general principles governing the Transfer of Property. A detailed study of the
substantive law relating to particular transfers, such as sale, mortgage, lease, exchange, gift
and actionable claims will also be undertaken. The course is designed to enable the students
to understand the basic philosophy of property law and its nuances. The course also includes
an exposure to the concept of Easements and its practical application.

UNIT - I
Concepts, Meaning and Types of Properties
(Sections 1 to 4 of the Transfer of Property Act, 1882):Meaning of Property; Kinds of
Property; Role of Property Rights in Social and Economic Development; Doctrine of Notice;
Transfer of Property by act of Parties (Sections 5 to 9):Meaning and Definition; Transfer of
Property, Properties which may be Transferred; Essentials of a Valid Transfer of Property;
Operation and Method of Transfer of Property; Procedural perspective for Transfer of
Property; Effect of Non-Payment of Stamp Duty and Non-Registration; Judicial Responses

UNIT - II
General Principles Relating to Transfer of Property (Sections 10 to 37):
Conditions Restraining Alienation, Enjoyment, Defeating Insolvency or Assignability;
Transfers to Unborn Persons; Rule Against Perpetuity and Accumulation of Income; Vested
and Contingent Interests; Conditions Precedent and Subsequent, Conditional Transfers;
Doctrine of Election and Apportionment; Transfer of Immovable Property (Sections38 to
53A):Doctrine of Holding Out; Feeding the Grant by Estoppel; Doctrine of Priority; Transfer
Lis Pendens; Fraudulent Transfer; Doctrine of Part- Performance; Judicial Responses

UNIT - III
Sale and Exchange (Sections 54 to 57 and 118 to 121):
Meaning and Definition of Sale and Exchange; Distinction Between Sale and Exchange;
Essentials of a Valid Sale, Distinction between Sale and Contract For Sale; Registration and

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 10

Effect of Non-Registration; Rights and Liabilities of a Buyer and Seller; Discharge for
Encumbrances on Sale; Exchange, Rights and Liabilities of Parties
Mortgages and Charges (Sections 58 to 104):Definition of Mortgage: Types of Mortgages;
Essentials of a Valid Mortgage and Formalities; Distinction between Charge, Mortgage,
Pledge, Hypothecation; Rights, Duties and Liabilities of a Mortgagor and Mortgagee; Charge
of Immovable Property; Marshalling; Mortgagee’s and Charge-Holder’s Rights and
Remedies under the Securitization and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002

UNIT - IV
Lease (Sections 105 to 117):
Definition of Lease, Kinds of Leases, Premium and Rent; Essentials of a Valid Lease and
Formalities; Rights Duties and Liabilities of the Lessee and Lessor; Term and Determination
of Lease; Forfeiture and Relief Against Forfeiture; Leases for Agricultural Purposes;
Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to137):
Definitions of Gift, Essentials of a Valid Gift, Revocation of Gifts; Distinction Between
Property and Donatio Mortis Causa and Gifts under Mohammedan Law; Actionable Claims:
Definition, Formalities, and Their Importance in Commercial Transactions; Notice; Rights
and Liabilities of Transferor and Transferee

UNIT - V
Law of Easements (Sections 1 to 51 of the Easement Act, 1882):
Definitions and Types of Easements; Essentials for Creation and Acquisition of Easements,
Dominant and Servient Owners and Heritages, Grant, Custom, Necessity, Quasi-necessity,
Prescription; Rights, Duties and Liabilities of Dominant and Servant Owners; Remedies for
Disturbance of Easements; Extinction of Easements, Suspension and Revival of Easements;
Licenses (Sections 52 to 64 of the Easement Act, 1882): Definition of License, Essentials of a
License, Kind and Formalities; Transfer of License, Transfer of Grantor’s Interest; Death of
Licensor or Licensee; Rights, Duties and Liabilities of Licensee, Revocable and Irrevocable
License; Rights of Licensee on Revocation and Eviction; Distinction between Lease and
License

LEADING CASES:
1) Apollo Zipper India Limited v. W. Newman & Company Limited 6 SCC 765
2018
2) Associated Hostels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262
3) F.M. Devaru Ganapathi Bhat v. Prabhakar Ganapathi Bhat, (2004) 2 SCC 504
4) J.N. Rao v. V. G. Bassarayappa, AIR 1956 SC 727.
5) M. L. Abdul Jabbar v. H. VenkataSastri and Sons, AIR 1969 SC 1147
6) Om Prakash& Another v. MishriLal (Dead) represented by his L.R. Savitri
Devi AIR 2017 SC1597.
7) R. Kempraj v. M/S. Barton Son & Co. AIR 1970 SC 1872, 1970 SCR (2) 140
8) Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra 2004 (8) SCC 614
9) Sridhar & Anr. v. N. Revanna & Ors. Civil Appeal No.1209 of 2020

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 11

 (arising out of SLP (C) No. 7493 of 2014) SC 2020.
10) Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana &Anr. Special Leave
Petition (C) No.13917 of 2009.

SUGGESTED READINGS:
 Avtar Singh, Textbook on the Transfer of Property Act, Universal Law
Publishing, 2016.
 Darashaw Vakil Revised by Dr. H R Jhingta Commentaries on The Transfer
of Property Act (Set of 2 Volumes), 5th Ed., Lexis Nexis, 2017.
 PoonamPradhanSaxena, Property Law, LexisNexis, 2017.
 Radha Raman Gupta, Transfer of Property Act & Easement (Hindi) 7th Ed,
Central Law Publications, 2019.
 Shriniwas Gupta, A Text Book on Transfer of Property Law, Thomson
Reuters, 2016.
 Mulla,The Transfer of Property Act, 13th Ed., Lexis Nexis, 2018.
 Rajni Malhotra Dhingra, Transfer of Property Act, 1882 & Indian Easement
Act, 1882, First Ed., Central Law Publications, 2017.
 Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
 V. P. Sarathi’s Law of Transfer of Property - Including Easements, Trusts and
Wills, Malika Taly (ed.), Eastern Book Company, 2017.
 G. P.Tripathi, The Transfer Of Property Act (Hindi) 23rd Edition Central
Law Agency 2017

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 12

PAPER 2.4.
COMPANY LAW AND
THE COMPETITION ACT, 2002

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

The purpose of this course is to study the fundamental Concepts central to Company Law
while giving an overview of the History and Evolution of the Modern day developments in
Company law.It is also to study the internal functioning of a company while exploring the
basic power structure in a company, the law regulating appointment of directors, the
directors’ duties, matters governing board meetings, matters governing company meetings, he
concept of majority rule and its exceptions, modes of winding up of company and distribution
of assets in the event of winding up inter-alia. The course will also examine and compare the
application of Competition Law to business agreements, the exercise of dominant position,
the combinations between the firms and sellers and the enforcement mechanisms.

UNIT - I
Concept, Nature and Meaning of Company:
Historical Origin of Company Law in India and Important Definitions under the Company
Act, 2013; Characteristics of Company: Company as a Legal Person, Limited Liability;
Doctrine of Corporate Veil; Difference between Company and other forms of Business
Organizations;
Registration and Incorporation of Company: Types of Company; Formation of Company;
Certificate of Incorporation; Pre-incorporation Contracts; Commencement of Business;
Memorandum of Association (MOA), Alteration of MOA and Doctrine of Ultra-vires;
Articles of Association (AOA), Doctrine of Constructive Notice and Indoor Management

UNIT - II
Promoters, Securities (Shares), Debentures:
Promoters: Fiduciary Relationship, Duties and Liabilities; Prospectus and Kinds of
Prospectus; Shares: Meaning, Nature, Kinds; Securities (Shares): Allotment of Securities and
Share Holdings; Issue of Shares; Certificate of Shares; Shareholders and Voting Rights;
Transfer of Shares; Shareholders and Members; Share Capital and Kinds of Share Capital;
Publication of Authorized, Subscribed and Paid Up Capital; Buy Back of shares; Dividends;
Debentures - Meaning, Kinds and Characteristics; Appointment, Role and Qualification of
Directors and Meetings of Boards: Role, Appointment and Types of Directors; Board of

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 13

Directors; Independent Directors; Legal Position of Directors; Appointment of Directors and
Managerial Staff; Powers and Duties of Directors; Civil and Criminal Liability of Directors;
Inspection, Inquiry and Disqualification of a Director; Removal of a Director; Types of
Meetings;

UNIT - III
Compromise, Reconstruction, Amalgamation and Mergers:
Compromise, Arrangements and Amalgamations; Sanction, Duties and Powers of National
Company Law Tribunal; Power to Compromise or Make Arrangements with Creditors and
Members; Reconstruction and Amalgamation of Companies; Modes of Reconstruction;
Declaration and Payments of Dividends in Above Cases; Fast Track Mergers; Amalgamation
of Companies by Central Government in Public Interest; Accounts of Company: Books of
Accounts, etc., System of Maintenance of Accounts in Company; Audit and Auditors;
Protection of Minority Share Holders; Prevention of Oppression and Mismanagement;
Removal of Names of Companies from Register of Companies; Revival and Rehabilitation

UNIT - IV
Winding up Process:
Meaning and Kinds of Winding Up; Procedures for Winding Up; Winding Up process by the
Tribunal; Consequences of Winding up Order; Company Liquidators and their Appointments;
Report of the Liquidator; Custody of Company’s Property; Company Dissolution; Voluntary
Winding Up; Declaration of Insolvency; Procedure for Voluntary Winding Up;
National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal
(NCLAT) and Special Court: Constitution of National Company Law Tribunal; Appellate
Tribunal; Selection of Members, Terms of Office, Salary; Removal of Members; Orders of
Tribunal; Powers of Tribunal; Appeal from orders of Tribunal; Establishment of Special
Courts; Offences-Trial by Special Courts; Meditation and Conciliation Panel; Corporate
Social Responsibility; The Companies (Amendment) Act, 2020;

UNIT - V
The Competition Act, 2002 (including the Amendment of 2023):
History and Development of Competition Law; Salient Features of the Competition Act; The
Competition Act, 2002 differentiated with the MRTP Act, 1969; Prohibition of Certain
Agreements, Abuse of Dominant Position and Regulation of Combinations; Competition
Commission of India; Duties, Powers and Functions of the Commission; Duties of Director
General; Penalties; Competition Advocacy; Finance, Accounts and Audit; Appellate
Tribunal; Miscellaneous; Judicial Responses;

LEADING CASES:
1) Foss v. Harbottle (1845) Ch. 319.
2) Salomon v. Salomon & Co., Ltd. (1897) A.C. 22 (H.L.) (1895-95) All ER
Rep. 33
3) Daimler Co., Ltd. v. Continental Tyre and Rubber Co. (Great Britain), Ltd.,
1916 AC 307 (1916-17) All ER Rep. 191

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 14

 4) Gilford Motor Co., Ltd. v. Horne (1933) 1 Ch. 935
5) Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875) L.R.7 H.L.:
(1874-80) All ER Rep. 2219 (HL)
6) Royal British Bank v. Turquand (1856) 119 ER 886 (1843-60) All ER Rep.
435
7) Shanti Prasad Jain v. Kalinga Tubes Ltd., AIR 1965 SC 1535
8) Seth Mohan Lal v. Grain Chambers Ltd., AIR 1968 SC 772
9) Hindustan Lever Employees’ Union v. Hindustan Lever Ltd. AIR 1995 SC
470
10) Miheer H. Mafatlal v. Mafatlal Industrial Ltd. AIR 1997 SC 506

SUGGESTED READINGS:
 A. Ramaiya, Guide to the Companies Act, LexisNexis, Butterworths,
Wadhwa, Nagpur, 2020
 Avtar Singh, Introduction to Company Law, 12th Ed Eastern Book Company,
2019.
 Avtar Singh, Company Law, (Hindi) Eastern Book Company, 2019.
 C.R. Datta, Datta on the Company Law, LexisNexis, Butterworths, Wadhwa,
Nagpur, 2016
 Company Law Ready Reckoner: A Comprehensive Guide to Companies Act,
2013, 8th Edition, by Taxmann Publications.2020
 Kapoor G.K. and Dhamija Sanjay, Taxmann’s Company Law & Practice,
Taxmann, 2017.
 Prachi Manekar Wazalwar, National Company Law Tribunal and National
Company Law Appellate Tribunal, 6th ed., , Bloomsbury India, 2019.
 S.C. Tripathi Competition Law, 2nd Ed. Central law Publication.2019
 J.N. Pandey, Company Vidhi,( Hindi ) 9thEd.Central law Publication2019

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 15

PAPER 2.5.

PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

This course is designed in such a way that it covers both theoretical and practical aspects of
International Law. This course provides an insight into Public International Law and its
significance in the economically globalised world. It enables the students to understand the
interdependence of the countries and how they are constantly addressing the global issues
through peaceful measures. This course would help the students to understand both the
theoretical framework and the working of international law. Understanding of these basic
principles is a prerequisite for those students who seek to explore their career or academic
interest in specific fields of international law. In view of the gaining significance of
International Law of Human Rights, this course presents subtly an overview of the National
and International perspectives of Human Rights along with the redressal mechanism.

UNIT - I
Definitions; Development and Nature; Public and Private International Law; Legality of
International Law: Positive Morality; Basic Theories: Naturalist, Positivist, Grotius and
Consent Theory; Sources and Subjects of International Law; Theories: Realistic, Fictional,
Functional, Monistic, Dualistic; Specific Adoption Theory; Transformation Theory;
Delegation Theory; International Law and Municipal Law: Concept of State; Essential
Ingredients and Kinds of States; Territory of State; War, its Legal Character and Effects; The
Law of Neutrality: Basis, Role, Rights and Duties of Neutral States;

UNIT - II
State Recognition and Succession: De Facto and De Jure; Theories of Recognition:
Recognition of Government, Belligerency and Insurgency; Collective Recognition; State
Jurisdiction; Territorial Sovereignty; Responsibility of States: Original and Vicarious; State
Responsibility for various Acts: State Succession: Theories of State Succession; Rights and
Duties arising out of State Succession; Law of Treaties: Concept and Kinds of Treaties;
Binding Force of Treaties; Pacta Sunt Servanda; Jus Cogens; Clausula Rebus Sic Stantibus;
Parties of a Treaty; Formation of a Treaty; Reservations; Invalidity and Termination of
Treaties; Vienna Convention on the Law of Treaties;

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 16

UNIT - III
Law of the Sea:
Concepts of Mare Liberum and Mare Clausum; The Anglo Norwegian Fisheries Case and Its
After Math; The Technological Revolution and the Utilization of the new resources of the
sea; Population Explosion and Its Impact; Changing Concepts of Maritime Frontiers:
Territorial Sea, Contiguous Zone, Continental Shelf& Exclusive Economic Zone, High Seas;
Territorial Waters and Contiguous Zone; Principles for Determination of Maritime Frontiers
And Maritime Boundaries under the Customary and Conventional Law; Exploitation of Deep
Sea: Bed Resources: International Sea Bed Authority;

UNIT - IV
Individuals under International Law and International Institutions:
Position of Individuals; Nationality and Citizenship; Diplomatic Agents: Powers and
Functions; Theories and Immunities; Asylum; Extradition; Relationship and difference
between Extradition and Asylum; International Institutions: United Nations (U.N.):History
and Formation of U.N., Charter of U.N.: Preamble, Purpose and Principles; Organs of United
Nations: Powers and Functions; Jurisdiction and Contribution towards Development of
International Law; Specialized Agencies: International Labour Organization (ILO);
International Monetary Fund (IMF); World Health Organization (WHO); International
Criminal Court (ICC);

UNIT – V
Human Rights:
Meaning, Concept, Classification, Historical Evolution and Theories; Basic Components of
Human Rights: Value, Dignity, Equality, Justice, Morals, Ethics and Significance;
International Bill of Human Rights (UDHR, ICCPR, ICESCR): Nature And Significance;
Human Rights of Vulnerable and Disadvantaged Groups; Enforcement Mechanism of
International Human Rights Commissions: Constitution, Powers and Functions; Human
Rights Enforcement in India: The Protection of Human Rights Act, 1993; Judicial Responses;

LEADING CASES:
1) Civil Air Transport Inc. v. Central Air Transport Corporation, Judicial Committee
of the Privy Council, (1953) AC 70.
2) Corfu Channel case (French: Affaire du Détroit de Corfou) International Court of
Justice (ICJ) between 1947 and 1949
3) Colombia v Peru 1950 ICJ 6 (Asylum Case) International Court of Justice.
4) North Sea Continental Shelf Case, ICJ Report 1969, P. 39
5) Nuremberg Trial; The International Military Tribunal – Nuremberg, 1946 41 AJL
1947, P. 12.
6) Re Castioni Case (1891) Q.B. 149
7) S.S. Lotus Case (1927) PCIJ Series A No. 10\
8) South West Africa Cases, 1949 - 1971
9) United Kingdom v. Norway (Anglo-Norwegion Fisheries Case (ICJ Report)
(1951) 116

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 17

 10) Zamora Case (1916) 2 AC 77

SUGGESTED READINGS:
 A. Boyle & C. Chinkin, The Making of International Law, Foundations of Public
International Law, Oxford University Press, 2007
 H.O. Agarwal, International Law & Human Rights, 1st Ed. (Rep) Central Law
Agency 2014
 James Crawford Brownlie, Principles of International Law, Oxford University Press,
2013.
 Landmark Cases in Public International Law, Editor(s): Eirik Bjorge, Cameron
Miles, 1st ed., Bloomsbury Publishers, 2017
 L. F. L. Oppenheim's International Law (9th Edition): Volume 1 Peace; Edited by
Robert Jennings, Arthur Watts KCMG QC, Oxford University Press, 2008.
 Mark Villiger, “The Factual Framework: Codification in Past and Present”, in
Customary International Law and Treaties, Mark Villger, pp.63-113, The
Netherlands: Martinus Nijhoff, 1985
 R. P. Dhokalia, The Codification of Public International Law, United Kingdom:
Manchester University Press, 1970
 Shaw, International Law, Cambridge University Press, 2008 (6th ed.)
 Sharma Satyendra Kumar, Law of Sea and Exclusive Economic Zone, Taxmann
Publications, 2017
 S.K. Kapoor, International Law & Human Right 18th Ed., Central Law Agency,
2018
 Starke, Introduction to International Law, Oxford University Press, 2013

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 18

PAPER 2.6.
LABOUR AND INDUSTRIAL LAWS

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

The twenty-first century witnessed the development of Industrial jurisprudence in the
country. This course is an attempt to study the laws relating to labour jurisprudence,
industrial relations, social security, wages, health and working conditions of workers in
various shops and commercial establishment in the country and to impart the students with an
overview of judicial perspective on the recent labour legislations and finally it deals with the
latest trends and developments in the Labour Laws to make it more dynamic and worthy.

UNIT - I
Concept and Growth of Labour Welfare Jurisprudence; Natural Justice, Concept of Social
Justice and Labour; Constitution of India, 1950 [Articles: 14,19,21,23-24, 38, and 41-43A];
Labour and Judicial Process and Public Interest Legislation; Judicial Responses
Maternity Benefits Act, 1961 (including the Amendment Act, 2017): [Limited to Basic
Overview] Need; Importance; Objectives; Definitions; Concept; Key Features of the Act(s);
Penalties & Procedures;

UNIT - II
The Trade Unions Act, 1926 (including the Amendment Act, 2001):
Need; Importance; Objectives; Definitions; Concept; Key Features of the Act; Registration of
Trade Unions; Rights and Liabilities of Registered Trade Unions; Regulations and Judicial
Responses;
The Industrial Disputes Act, 1947: [Limited to Basic Overview]Need; Importance;
Objectives; Definitions; Concept; Key Features of the Act; Penalties & Procedures;

UNIT - III
National Wage Policy; Genesis of West Regulations; Concepts of Minimum Fair, Living and
Need based Minimum Wages
The Minimum Wages Act, 1948:[Limited to Basic Overview]Need; Importance; Objectives;
Definitions; Concept; Key Features of the Act(s); Penalties & Procedures;
The Payment of Wages Act, 1936 (including the Amendment Act(s) of 2005 and
2017:[Limited to Basic Overview]Need; Importance; Objectives; Definitions; Concept; Key
Features of the Act(s); Penalties & Procedures;

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 19

UNIT - IV
The Factories Act, 1948:Need; Importance; Objectives; Definitions; Concept; Key Features
of the Act; the Inspecting Staff; Health; Safety; Provisions Relating to Hazardous Processes;
Welfare; Working Hours of Adults; Employment of Young Persons; Annual Leave With
Wages; Special Provisions; Penalties And Procedure;
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013:[Limited to Basic Overview]Need, Importance, Objectives; Definition, Concept, Key
Features of the Act and Judicial Responses;

UNIT - V
International Labour Organization (I.L.O.):
International Labour Organization (I.L.O.): Need, Importance, Objectives; Definition,
Concept, Key features and History of the Organization;How the ILO works: ILO Director-
General; Multilateral system; Partnering for Development Programme and budget;
Accountability and Transparency; Organizational Structure; Member States; 2030
Development Agenda, Mission and Impact of I.L.O.; I.L.O. and Human Rights in India;

LEADING CASES:
1) Air India v. Nargesh Meerza, AIR 1981 SC 1830.
2) Alembic Chemical Works v. Its workman, AIR 1961, SC 647.
3) BalmerLawrie Workers Union Bombay v. BalmerLawrie& Co. Ltd. 1984 I. L.L. J.
314 SC
4) Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802.
5) D. S. Nakara v. Union of India A. I. R. 1983 SC 130.
6) Express Newspaper Ltd. & others v. Union of India & others. AIR 1958 SC 578.
7) Jay Engineering Work Ltd. v. State of West Bengal AIR 1968 Cal. 406.
8) Rural Litigation and Entitlement Kendra Dehradun v. State of U.P. AIR 1985 S.C.
652.
9) Workmen of M/S Firestone Tyre and Rubber Co. of India v. Management AIR, 1973
SC 1227
10) Bangalore Water-Supply & Sewerage Board, Etc. v. R. Rajappa & Others 1978 SCR
(3) 207

SUGGESTED READINGS:(Subject To The Applicability of Latest Amendments):

 Ganga Sahay Sharma, “Labour Laws” (Hindi), 7th Ed., Central Law Agency,
2019
 Government of India: Report of the Committee on Labour Welfare, 1970.
 Indrajeet Singh, ShramikVidhiyan, (Hindi) 23rd Ed. Central Law
Publication, 2019
 Public Interest Litigation (with Model PIL Formats), Dr. B.L. Wadhera,
Universal Law Publishing 2014
 D.D. Seth, Commentaries on Industrial Dispute Act, 1947, Jain Book
Agency,6th Ed., 2016
 J. K. Soonavala, Supreme Court on Industrial Law, Lexis Nexis, 4th Ed.,2017

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 20

  Meenu Paul, Labour and Industrial Law, Allahabad law agency, New Delhi,
9thEd.,2014
 O.P. Malhotra, Law of Industrial Disputes , ,7th Ed., Lexis Nexis, 2015
 S.C. Srivastva, Social Security and Labour Laws, 1985, EBC
 S. N. Mishra; An Introduction of Labour and Industrial Law, 29th
Edition Central Law Publication, 2019
 S.N. Mishra; An Introduction of Labour and Industrial Law (Hindi), 29th
Edition Central Law Publication, 2019.
 Ministry of Labour and Employment: List of Enactments in the Ministry:
https://labour.gov.in/list-enactments-ministry
 ILO Official Website:
https://www.ilo.org/global/about-the-ilo/lang--en/index.htm
https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/member-
states/lang--en/index.htm
 India and ILO: https://labour.gov.in/lcandilasdivision/india-ilo

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 21

PAPER 2.7.
PRINCIPLES OF TAXATION LAW

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

(1) There shall be ten questions in the examination paper, two questions from
each unit. The candidate is required to attempt five questions, one question
from each unit is compulsory. All questions carry equal marks.
(2) The prescribed syllabus includes latest amendments and relevant judgments in
the subject wherever applicable.

OBJECTIVES OF THE COURSE:

This course primarily focuses on providing an overview on matters relating to Indian tax laws
in a systematic manner. The course being divided into two parts i.e., direct and indirect taxes,
help the students understand the significant aspects of tax laws. The main aim of this course
is to impart knowledge to the students about basic principles as enunciated through legislative
provisions and case laws. Through this course, students are equipped to apply the principles
and provisions of tax laws and are guided to interpret and understand the taxation statutes and
judgments including but not limited to The Income Tax Act, 1961, The Central Goods And
Services Tax Act, 2017 and The Integrated Goods And Service Tax Act, 2017 as amended
from time to time.

UNIT - I
Income Tax Act, 1961 - I:
Objectives; Definition, Concept, Key Features of the Act; Importance and Significance of
Taxation; Constitutional Provisions Relating to Taxation ( 265-289); Types of Tax Laws:
Direct and Indirect Taxes; Residential Status of Persons; Heads of Income and Computation
of Income: Income from Salaries; House Property: Self Occupied, Deductions and
Computation of Income; Income from Let Out Exemption of property income from tax;
Capital Gains; Profits and gains of Business or Profession; Income from other Sources
Clubbing of Income; Set off and carry forward of losses; Rebates and Reliefs; Taxation of
Natural and Legal Persons: An Overview: Individuals, Hindu Undivided Family, Companies
and Firms, Association of Persons, Trust and Cooperative Societies, Charitable and Religious
Institutions

UNIT - II
Income Tax Act, 1961 - II:
Assessment and Appeal Procedures:
Return of Income; Types of Assessment; Appellate Procedures; Authorities Under The
Income Tax Act: Director General of Income Tax, Director of Income Tax-Additional
Directors, Joint Director, Deputy Directors, Assistant Directors, Income Tax Officers, Tax
Recovery Officers, Inspectors of Income Tax; Powers and Functions of Various Authorities:

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 22

Tax Avoidance, Tax Evasion and Tax Planning - Meaning and Distinction Inspections,
Search, Seizure, Penalties for Tax Evasion and Tax Avoidance

UNIT - III
The Central Goods And Services Tax Act, 2017 - I:
Need, Importance, Objectives; Definition, Concept, Key Features for Enactment of the Act;
Administration; Levy and Collection of Tax; Time and Value of Supply; Input Tax Credit;
Registration; Tax Invoice, Credit and Debit Notes; Judicial Responses

UNIT - IV
The Central Goods And Services Tax Act, 2017 - II:
Accounts And Records; Returns; Payment of Tax; Refunds; Assessment; Audit; Inspection,
Search, Seizure and Arrest; Demands and Recovery; Liability To Pay in Certain Cases;
Advance Ruling; Appeals and Revision; Offences and Penalties; Transitional Provisions;
Miscellaneous; Judicial Responses

UNIT - V
The Integrated Goods and Service Tax Act, 2017:
Need, Importance, Objectives; Definition, Concept, Key Features for Enactment of the Act;
Judicial Responses; Administration; Levy and Collection of Tax; Determination of Nature of
Supply; Place of Supply of Goods or Services or Both; Refund of Integrated Tax to
International Tourist; Zero Rated Supply; Apportionment of Tax and Settlement of Funds;
Miscellaneous

SUGGESTED READINGS:
 Income Tax Act, 1961
 The Integrated Goods And Service Tax Act, 2017
 The Central Goods And Services Tax Act, 2017 (12 of 2017) as amended by
the - The Central Goods And Services Tax (Extension To Jammu And
Kashmir) Act, 2017 (NO. 26 of 2017); The Finance Act, 2018 (NO. 13 OF
2018); The Central Goods And Services Tax (Amendment) Act, 2018 (NO. 31
OF 2018); The Finance (NO. 2) Act, 2019 (NO. 23 OF 2019); The Finance
Act, 2020 (NO. 12 OF 2020); The Taxation And Other Laws (Relaxation Of
Certain Provisions) Ordinance, 2020 available at - (Updated as on
30.09.2020) https://cbic-gst.gov.in/pdf/CGST-Act-Updated-30092020.pdf
 Vinod K. Singhania/Monica Singhania: Taxmann’s Corporate Tax Planning
& Business Tax Procedures with Case Studies-Legal Position(s) Amended up
to 20th August 2020 (24th Edition September 2020)
 Atal Kumar,Taxation Laws, 3rd Ed. (Rep.),Central Law Publication, 2020
 Dr. H. C. Mehrotra , Prof. V.P. Agarwal, Goods and Services Tax (G.S.T) 5th
Revised and Updated5th edition (Hindi): Sahitya Bhawan Publications;
(2018)

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 23

PAPER 2.8. (A)
MEDIATION, CONCILIATION AND ARBITRATION

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

1. Written Paper (Part – A) — 80 marks

There shall be ten questions in the examination paper, two questions from each unit. The
candidate is required to attempt five questions, one question from each unit is
compulsory. All questions carry equal marks.
2. Practical Paper (Part – B ) shall consist of total 20 Marks:
Project Work (With Viva-Voce)
[To be evaluated by one Internal and External Examiner] — 20 marks
Project/Assignment: 10 marks
Presentation: 10 marks
Practical Contents: Practical exercises may be devised to train students in developing
crucial communication and negotiation skills, including summarizing of facts, neutral
reframing, identification of issues, formulating objective criteria, conducting reality
checks, assessing alternatives etc.
3. The candidate must pass in Parts A& B separately. For passing, he shall be
required to obtain 36 percent marks in each part, i.e. 29 marks out of 80 and 07 marks
out of 20 marks.
4. The prescribed syllabus includes latest amendments and relevant judgments in the subject
wherever applicable.

OBJECTIVES OF THE COURSE:

For the overall development of the students in this emerging field this paper is being
introduced to train the students of law in the emerging field of Arbitration, Mediation,
Conciliation and Negotiation with Theoretical and Practical Aspects of this subject which is
indispensable at the level of National and International both for its importance.

UNIT - I
Understanding Conflict and Disputes:
Modes of Dispute Resolution, Need and Importance of Mediation; Mediation and Restorative
Justice: Theory of Restorative Justice and its Application, Gandhian Principles of Non-
Violent Conflict Resolution, Traditional Mediation Practices in India and Abroad

UNIT - II
Evolution of Mediation/Conciliation as a Mode of Settlement of Disputes, Distinction
Between Arbitration, Mediation, Conciliation, Negotiation; Nature, Scope, Limitations and
Necessity of Alternative Models of Disputes Resolution; Theory of Negotiation, Approaches
to Negotiation Positional Bargaining, Interest-based Bargaining or Principled Negotiation
Preparation for Negotiation Collaborative Communication Skills, Negotiating Skills,
Negotiation Exercises

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 24

UNIT - III
Mediation and Conciliation:
Theory of Mediation, Role of the Mediator (Court Annexed and Private), Preparation for
Mediation /Conciliation Process; Confidentiality and Neutrality; How to Write An Award;
Ethical Issues in Mediation /Conciliation Mediation in India, Institutions, Their Role; Theory
of Mediation Laws in India: Role of the Mediator,(Court Annexed and Private), Preparation
for Mediation /Conciliation Process; Judicial Interpretation and Relevant Case Law, Dispute
Resolution Institutions in India; Key Concepts in Mediation: Essential Elements, Process and
Stages, Approaches to Mediation, Role of the Mediator

UNIT - IV
Importance of Communication: Elements of Verbal and Non-Verbal Communication,
Effective and Ineffective Communication Techniques; Conducting Effective Mediation:
Decision-making Techniques, Problem-Solving Tactics, Ensuring Positive Outcomes
Qualities and Skills of Mediators: Developing Mediation Skills, Code of Ethics,
Confidentiality Requirements; Status of Mediated Agreements: Drafting of Agreements,
Sanctity of Mediated Agreements, Enforcement Laws and Procedures Important
Developments in Mediation: Growth of Virtual Dispute Resolution, Pre-Institution
Mediation, UNCITRAL Model Law, Singapore Convention; Contemporary Developments

UNIT – V
Arbitration:
The Arbitration and Conciliation Act, 1996 (including the Amendment Acts of 2015, 2019
and 2021): Need, Importance, Objectives; Definition, Concept, Key Features of the Acts
/Amendments / Ordinance; Judicial Responses; Conducting Mock Arbitration on a Decided
Case;

SUGGESTED READINGS:
 Sriram Panchu Mediation Practice & Law: The Path to Successful Dispute
Resolution LexisNexis, 2015
 Mediation and Conciliation Project Committee, Supreme Court of India,
Mediation Training Manual of India; available at –
https://main.sci.gov.in/mediation
 Stephanie P. Stobbe, et. al. Conflict Resolution in Asia, Mediation and Other
Cultural Models, Lexington Books, 2020
 A. Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation:
A Wishbone, Funny bone and Backbone, LexisNexis, 2015
 Christopher Moore The Mediation Process: Practical Strategies for Resolving
Conflict: 3rd Revised ed. Jossey Bass; ( 2003)
 Ramin Jahan begloo Introduction to Non-Violence Red Globe Press 2014
 Joel Leet.al., An Asian Perspective on Mediation EBC 2008
 Avtar Singh, Law of Arbitration and Conciliation (Hindi) 11th Ed., EBC 2021

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 25

PAPER 2.8. (B):

VIVA—VOCE EXAMINATION
20 Marks
(10 + 10)
Candidates shall prepare a project of 20-30 pages (Case Comment) on any
Leading/Landmark Case Law allotted by the subject teacher following the ILI footnoting
available at: https://ili.ac.in/footnoting12.pdf
Viva-voce examination shall be conducted and evaluated on the basis of the project submitted
by the candidate and his/her performance at the viva-voce examination by a Committee of
three persons in which, there shall be Two Internal Examiners and One External Examiner.
In case of discrepancy in the awards, the awards given by External Examiner shall be final
and binding.

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 26

PAPER 2.9.
PROFESSIONAL ETHICS &
PROFESSIONAL ACCOUNTING SYSTEM

SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36

This paper shall consist of following two parts;

(a) Practical written paper — 80 marks
(b) Viva voce examination — 20 marks

[To be evaluated by one Internal and one External Examiner and the decision of
External Examiner shall be final and binding]
The candidate must pass in PART(A) and (B) separately. For passing, he shall be required to
obtain 36 percent marks in each part, i.e. 29 marks out of 80 and 7 marks out of 20 marks.
(1) The entire syllabus shall be divided into FIVE UNITS.
(2) There shall be a total of ten questions in the examination paper. The Paper Setter
is required to set Two Questions from each Unit. All questions will carry equal
marks.
(3) The candidate is required to attempt a total of FIVE questions while attempting
ONE question from each unit compulsorily.
(4) Each question of these units shall be of sixteen (16) marks
(5) In order to ensure that students do not leave out important portions of the
syllabus, examiners will be free to repeat the questions set in the previous
examination.
(6) Leading cases prescribed under this paper may be read wherever they are
relevant.
(7) Paper setters are advised to frame the question paper including descriptive
questions, problem based questions and short notes etc. covering the whole
syllabus including latest amendments in the subject wherever applicable.

OBJECTIVES OF THE COURSE:

Professional ethics form the foundation in the lives of the lawyers. It means that lawyers have
the constitutional obligation to take up the case of every person who approaches them for
legal representation. These and many other similar other questions trouble the mind of new
entrants to law practice. The lawyers have to adopt ethical practices in all spheres of their
profession from meeting clients, giving them legal counselling, presenting their cases before
appropriate bodies, managing client’s accounts, etc. This paper covers this wide spectrum of
lawyers’ conduct.

UNIT - I
Professional Ethics and Professional Accounting:
The Necessity of the Professional Ethics; The Art of Advocacy; Professional Ethics; Nature
of Professional Ethics and the Problems of the Code of Ethics; Advantages of having codified

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 27

Professional Ethics; Professional Ethics - Rules of Conduct. Standards of Professional
Conduct and Etiquette: Duties to the Clients;

UNIT -II
The Advocates Act, 1961:
Need, Importance, Objectives; Definition, Concept, Key Features of the Act; Bar Councils;
Admission and Enrolment of Advocates; Right to Practise; Conduct of Advocates;
Miscellaneous; Judicial Responses;
Image / Position of Legal Profession in Society; Advocacy is a Profession not a Business;
Legal Profession is a Noble Profession; Deterioration in Image of Legal Profession in
Independent India; Role of Lawyers in Society;

UNIT - III
The Contempt of Courts Act, 1971:
Objectives; Definition, Concept, Key Features of the Act; Contempt and its Heads;
Exemptions Heads for Contempt created by Legislations and Courts; Complaint Against
Presiding officers of Subordinate Courts when not contempt; Publication of Information
Relating to Proceedings in Chambers or in Camera Not Contempt Except in Certain Cases;
Other Defences Not Affected; Power of High Court to Punish Contempt’s of Subordinate
Courts;

UNIT - IV
Power of High Court to Try Offences Committed or Offenders Found Outside Jurisdiction;
Punishment for Contempt of Court; Contempt’s Not Punishable in Certain Cases; Procedure
Where Contempt is in the face of the Supreme Court or a High Court; Criminal Contempt and
Cognizance in Other Cases; Procedure After Cognizance; Hearing of Cases of Criminal
Contempt; Appeals; Limitations; Non-applicability of the Act; Related Judicial Responses;

UNIT - V
Bar-Bench Relationship:
General Conception; Advocates Duty to the Court; Duty to the Client; Duty to the opponent;
Duty to Colleagues; Duty in Imparting Training; Duty to render Legal Aid; Duty of Judge
towards the Advocate; Duty of the Bar towards the Bench; Grounds of disputes in Bar-Bench
Relations; Suggestions to Improve Bar-Bench Relations; Restrictions on Senior Advocates;
Standards of Professional Conduct and Etiquette; Rules Relating to Advocates’ Right to Take
up Law Teaching.

LEADING CASES AND OPINION OF B.C.I.:

1) An Advocate v. Bar Council of India, 1989 Supp (2) SCC 25
2) Bal Thackery v. Harish Pimpa and Others (2005) 1 SCC 254E
3) Bhupinder Kumar Sharma v. Bar Assn., Pathankot, (2002) 1 SCC 470
4) D.P. Chadha v. TriyugiNarain Mishra, (2001) 2 SCC 221
5) D.S. Dalal v. State Bank of India and others. AIR 1993 S.C.1608
6) Ex-Capt. Harish Uppal v. Union of India, (2003) 2 SCC 45

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 28

 7) In Re Arundhati Roy, AIR 2002 SC 1375
8) In Re Vinay Chandra Mishra, (1995) 2 SCC 584
9) Noratanmal Chaurasia v. M.R. Murli (2004) 5 SCC 689
10) SC Bar Association v. UOI, AIR 1998 SC 1895

SUGGESTED READINGS:
 Anirudh Prasad, Legal Education & the Ethics of Legal Profession of India,
1st Ed., University Book House Pvt Ltd, 2018.
 Ben W. Heineman, Jr., William F. Lee, David B. Wilkins, Lawyers as
Professionals and as Citizens: Key Roles and Responsibilities in the 21st
Century (2014) available at-
https://clp.law.harvard.edu/assets/Professionalism-Project-Essay_11.20.14.pdf
 Conference Skills, Inns of Court School of Law, Oxford University Press,
2005
 Don Peters, The Joy of Lawyering, pp. 5-20, available at -
https://dullbonline.wordpress.com/2017/09/15/don-peters-the-joy-of-lawyering-
clientinterviewing/
 Francis L. Wellman, The Art of Cross Examination, available at-
http://www.delhihighcourt.nic.in/library/articles/the%20art%20of%20cross%20exami
nation[1].pdf
 G.C.V. SubbaRao, Commentary on Contempt of Courts Act, 1971 (2014)
 Geoffey C. Hazard Jr., Responsibilities of Judges and Advocates in Civil and
Common Law: SomeLingering Misconceptions Concerning Civil Lawsuits
(2006), available at
http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2091&context=faculty_s
cholarship
 Justice Mirza Hameedullah Beg, Role of the Bench and the Bar, available at
http://www.allahabadhighcourt.in/event/RoleoftheBenchandtheBarMHBeg.pdf
 Krishnaswami Iyer’s Professional Conduct and Advocacy (1945), available at-
https://archive.org/details/professionalcond029273mbp
 Ranadhir Kumar De, Contempt of Court Law & Practice (2012) Wadhwa
Book Company
VIVA—VOCE EXAMINATION 20 Marks
(10 + 10)
Candidates shall prepare a project of 20 - 30 pages (Case Comment) on any
Leading/Landmark Case Law allotted by the subject teacher following the following the ILI
footnoting available at: https://ili.ac.in/footnoting12.pdf.
Viva-voce examination shall be conducted and evaluated on the basis of the project submitted
by the candidate and his/her performance at the viva-voce examination by a Committee of
three persons in which, there shall be Two Internal Examiners and One External Examiner.
In case of discrepancy in the awards, the awards given by External Examiner shall be final
and binding.

© Dr. Bhimrao Ambedkar Law University, Jaipur, 2023 Page 29