LLM Syllabus
LLM Syllabus
LLM Syllabus
SYLLABUS
2022 - 2023 onwards
UNIVERSITY COLLEGE OF ARTS,
COMMERCE & LAW
PROGRAM CODES:
ANUCACL08, ANUCACL09,
ANUCACL10 & ANUCACL11
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
ABOUT
UNIVERSITY
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Acharya Nagarjuna University, a State University established in 1976, has been constantly
striving towards achieving progress and expansion during its existence for over four decades,
in terms of introducing new courses in the University Colleges, affiliated colleges and
professional colleges. Spread over 300 acres of land on the National High Way (NH-16)
between Vijayawada and Guntur of Andhra Pradesh, the University is one of the front
ranking and fastest expanding Universities in the state of Andhra Pradesh. The University
was inaugurated on 11th September, 1976 by the then President of India, Sri Fakruddin Ali
Ahmed and celebrated its Silver Jubilee in 2001. The National Assessment and Accreditation
Council (NAAC) awarded “A” grade to Acharya Nagarjuna University and also has achieved
108 International ranks, 39 National ranks UI Green Metrics rankings and many more It is
named after Acharya Nagarjuna – one of the most brilliant preceptors and philosophers,
whose depth of thought, clarity of perception and spiritual insight were such that even after
centuries, he is a source of inspiration to a vast number of people in many countries. The
University is fortunate to be situated on the very soil where he was born and lived, a soil
made more sacred by the aspiration for light and a state of whole someness by generations of
students. With campus student strength of over 5000, the University offers instruction for
higher learning in 68 UG & PG programs and guidance for the award of M.Phil. and Ph.D. in
48 disciplines spread over six campus colleges and one PG campus at Ongole. It also offers
160 UG programs in 440 affiliated colleges in the regions of Guntur and Prakasam Districts.
It has a Centre for Distance Education offering 87 UG & PG programs. Characterized by its
heterogeneous students and faculty hailing from different parts of the state and the country,
the University provides most hospitable environment for pursuing Higher Learning and
Research. Its aim is to remain connected academically at the forefront of all higher
educational institutions. The University provides an excellent infrastructure and on- Campus
facilities such as University Library with over one lakh books & 350 journals; Computer
Centre; University Scientific Instrumentation Centre; Central Research Laboratory with
Ultra-modern Equipment; Well-equipped Departmental Laboratories; Career Guidance and
Placement Cell; Health Centre; Sports Facilities with Indoor & Outdoor Stadiums and
Multipurpose Gym; Sports Hostel; Separate hostels for Boys, Girls, Research Scholars and
International Students; Pariksha Bhavan (Examinations Building); Computers to all faculty
members; Wi-Fi connectivity to all Departments and Hostels; Canteen, Student Centre &
Fast-food Centre; Faculty Club; Dr. H.H. Deichmann & Dr. S.John David Auditorium cum
Seminar Hall; Post office; Telecom Centre; State Bank of India; Andhra Bank; Energy Park;
Silver Jubilee Park; Fish ponds; internet center; xerox center; cooperative stores; Water
harvesting structures.
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
VISION,
MISSION &
OBJECTIVES
OF THE
UNIVERSITY
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
VISION
To generate sources of knowledge that dispels ignorance and establish truth through
teaching, learning and research.
MISSION
To promote a bank of human talent in diversified faculties – Commerce &
Management Studies, Education, Engineering & Technology, Humanities, Law, Natural
Sciences, Pharmacy, Physical Education & Sports Sciences, Physical Sciences and Social
Sciences that would become an investment for a prosperous society.
OBJECTIVES
To inspire and encourage all who would seek knowledge through higher education and
research.
To provide quality instruction and research for the advancement of science and
technology.
To promote teaching and research studies in disciplines of societal relevance.
To bridge the gap between theory and practice of the principles of higher education.
To develop human talent necessary for the industry.
To open up avenues of higher education and research through non-formal means.
To invite and implement collaborations with other institutes of higher learning on a
continuous basis for mutual academic progress.
To motivate and orient each academic department/centre to strive for and to sustain
advanced levels of teaching and research so that the university emerges as an ideal
institute of higher learning.
To focus specially on the studies involving rural economy, justifying its existence in the
rural setting.
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VISION
&
MISSION OF
THE COLLEGE
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
VISION
&
MISSION OF
THE
DEPARTMENT
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Sensitized Insight on the impact of Law on various sections of the Society and
PEO 3 ability to critically resolve Legal issues at a Global, National, Regional and
Local Level.
Legal Acumen enabling Students to apply their Skills to different domains
PEO 4
including Legal Practice, Industry, Teaching and Research.
Apply International best practices to Real and Relevant Issues in the Discipline
PO 2
Specific Specialization and General Laws.
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
MAPPING
PO 1 PO 2 PO 3 PO 4 PO 5
PEO 1 3 3 2 3 2
PEO 2 3 3 3 2 3
PEO 3 2 2 3 3 2
PEO 4 3 3 2 3 3
MAPPING CORRELATION
1 2 3 -
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STRUCTURE
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I
Dispute Resolution in
2 LLM S1 (02) LL Labour Management CC 8 0 0 8 30 70 100
Relations
Total 24
SEMESTER II
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First
Semester
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
SEMESTER-I
LLM S1 (01) (22) LL: RESEARCH METHODOLOGY
COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.
COURSE OUTCOME:
On the successful completion of the course, the student will be able to
TEACHING PEDAGOGY:
Lecture Method
Tutorial method with Learning Exercises, Assignments & Presentations
Discussions & Breakout sessions method
Socrates Method
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - I
1) Scientific Methods
2) Science, Theory and facts
3) Objectivity, Value, Neutrality and Empiricism
4) Purpose of Social Science Research
5) Scope of legal research
6) Concepts: variables, definitions
7) Research Problem
8) Formulation of research problems
UNIT - II
1) Hypothesis
2) Hypotheses its role, definitions
3) Criteria of good hypothesis and its sources
4) Research Design
5) Forms of Research Design
6) Techniques of Research Design
7) Major steps in the preparation of Research Design
UNIT - III
1) Sampling Techniques
2) Its uses and advantages in research
3) Random sampling, simple random, stratified random, systematic random
4) Non-random, sampling hazard, availability and purpose sampling
5) Research Tools
6) Observation, Participant and non-participant observation,
7) Questionnaire
8) Schedule
9) Interview
UNIT - IV
1) Survey
2) Case Study
3) Content Analysis
4) Projective Techniques
5) Data processing and Analysis
6) Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1) Research Report
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1) Myneni S.R., 'Research Methodology' Allahabad Law Agency
2) Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3) Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4) Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5) Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6) Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
Dispute resolution in labour management relations is a course that focuses on managing conflicts
that arise in the workplace between employers and employees or their representatives. The
course examines various techniques and strategies for resolving disputes, including Negotiation,
Mediation, Arbitration and Adjudication.
TEACHING PEDAGOGY:
Lecture Method
Role-plays and stimulations
Discussions & Breakout sessions method
Research projects
UNIT - I
1. Governments Policy on Industrial Relations
2. Indian Government policy of active intervention in industrial relations through conciliation
and adjudication
3. Compulsory methods Voluntary methods of settlement of industrial disputes.
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - II
1. Industrial Disputes Act
2. Definitions:
Appropriate government, industry, industrial dispute & workman.
3. Settlement and award Layoff.
4. Retrenchment and Closure.
UNIT - III
1. Industrial relations machinery and methods of settlement of industrial disputes
2. Works Committees
3. Conciliation
4. Investigation
5. Court of Inquiry
6. Voluntary Arbitration
7. Compulsory Adjudication
8. Governments power to refer industrial disputes
9. Nature and extent of Governments Power.
UNIT - IV
1. Industrial adjudication
2. Objectives of industrial adjudication
3. Labour courts, industrial tribunals and National Industrial Tribunals Constitution and
Composition.
4. Jurisdiction, powers and functions of adjudicatory authorities
5. Finality and Judicial review of awards
6. Commencement, enforceability and operation of awards.
UNIT - V
1. Chapter V A and V B of Industrial Disputes Act
2. Restrictions on and compensation for lay-off, retrenchment transfer and closure of
undertakings
3. Exit policy
4. Unfair Labour Practices (Schedule V)
5. Change of conditions of service
6. Section 9A & 9B and Schedule IV of Industrial Disputes Act
7. Section 33, 33A & 33B of Industrial Disputes Act
8. Recovery of money due from employer
9. Section 33C(1) of Industrial Disputes Act
10. Jurisdiction of Labour Courts: under Section 33C(2) of Industrial Disputes Act.
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REFERENCE BOOKS:
1. The Law of Industrial Disputes Vol. I & Vol. II O.P. Malhotra.
2. Labour and the Law Kahn - Freund.
3. Report of National Commission on Labour (Relevant chapters)
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
Trade Union Law is a course that focuses on the legal framework that governs trade unions and
their operations. The course covers the history and development of trade unions, the legal rights
and obligations of unions and their members, and the legal relationships between unions,
employers and government.
TEACHING PEDAGOGY:
Lecture Method
Guest speakers Method
Discussions & Breakout sessions method
Moot Court Method
UNIT - I
1. Freedom of Organization
2. Negative and positive features
3. Position in India, Britain and America
4. Scope of Art 19(1)
UNIT - II
1. Development Process
2. History of Trade Union Movement
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. Citrine Trade Union Law
2. Cyril Grunfeld Modern jTrade Union Law.
3. Richard kinder Trade union Law
4. Kahn-Freund Labour and the Law
5. J.N. Mallick Trade union Law
6. K.D. Srivastava Trade union Law
7. S.C. Jha Indian Trade Union Movement
8. V.V. Giri Labour Problems in Indian Industry
9. C.K. Sharma Labour Movement in India
10. N.C.L. Recommendations Relevant Chapters
11. Bomaby Industrial Relations Act 1946
12. Maharashtra Recognition of Trade Unions and PULP Act 1971
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Second
Semester
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
SEMESTER-II
COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.
TEACHING PEDAGOGY:
Lecture Method
Readings and Reflections method
Guest speaker method
Case Study Method
UNIT - I
1. Sources of Law
2. Custom
3. Precedent
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
Industrial Discipline and Punishment Process is a course that focuses on the rules, procedures
and principles involved in the disciplinary process within an industrial setting. This course
explores the legal, ethical and practical considerations involved in disciplining employees and
enforcing workplace rules and regulations.
COURSE OUTCOME (CO):
On the successful completion of the course, the student will be able to
TEACHING PEDAGOGY:
Role Play Method
Lecture Method
Guest speaker Method
Group Discussions Method
Quizzes and Assignments Method
UNIT - I
1. Industrial Discipline
2. Concept and need for maintaining industrial discipline
3. Industrial Employment (Standing orders) Act, 1946 And Model standing orders
UNIT - II
1. Misconduct
2. Different types of misconduct
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. The Law of industrial disputes Vol I & Vol II O.P. Malhotra
2. Constitutional Law of India H.M. Seervai (Relevant chapters)
3. Report of National Commission on Labour (1969) (Relevant chapters)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
This course provides an overview of the collective bargaining process, which is a vital
component of labour relations in the workplace. Students will learn about the legal framework
surrounding collective bargaining, as well as the roles and responsibilities of both management
and labour unions at workplace.
TEACHING PEDAGOGY:
Case Study Method
Lecture Method
Mock Negotiations Method
Guest Speakers Method
Role Paly Method
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - I
1. Collective Bargaining Conceptual and Processual Issues
2. Concept of collective bargaining a comparative appraisal
3. Methodological aspects
UNIT - II
1. Bargaining process
2. Types of bargaining Plant level, industry level and national level
3. Advantages of collective bargaining over compulsory adjudication
UNIT - III
1. Legal control of collective bargaining endeavours
2. Strike as a weapon in the process of collective bargaining
3. pen-down, go-slow, work to rule, stay-in, picketing
4. Gherao
5. Lock-out
6. Legality and Justifiability of strikes and Lock-outs.
7. Disciplinary action for participating in illegqal strikes.
8. Wages for the period of strike
UNIT - IV
1. Factors affecting collective bargaining
2. Multi-Unionism and bargaining
3. Bargaining councils
4. Sole bargaining agent.
5. Other factors
6. Conditions for successful functioning
UNIT - V
1. Status of collective agreements
2. Binding nature of collective agreements.
3. Collective Agreement and conciliation settlement
4. Workers' participation in Management
5. Concept and theories of participation of workers
6. Works Committees
7. Joint Management Councils
8. Worker Director
9. Workers' share holders
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. Gillian S. morris and Timothy J.Archer, Ckollective Labour Law (2000), Oxford
2. Nick Humphrey, Trade Union Law (1997), Blackstone, London
3. John Bowers and Simon hentyball, Text book on Labour Law (1998), Blackstone, London.
4. Stephen Dery and Richard Mitchell, Employment Relations - Individualization and Union
Exclusion (1999), Blackston, London
5. Roger Blanpain, Chris Engels(Eds.), Comparative Labour Law and Industrial Relations in
Industrialised market Economies (1999)
6. Indian Law Institute - Labour Law and Labour Relations, (1997)
7. ILO, Collective Bargaining.
8. ILO, Collective Bargaining in Industrialised Market Economies
9. Mary Sur, Collective Bargaining (1965)
10. Principles of Labour Law, Chs. 8,9 and 10 (1983)
11. Otto Kahn-Freund, Labour and the Law, (1977)
12. A.V. Rajagopalan, Approaches to Collective Bargaining – Intricacies" 1982 Vol. II
13. Labour Law Notes P.J. 42.
14. B.R. Patil, Sectionalised Bargaining in Textile Industry in Coimbatore" 20 Indian
15. Journal of Industrial Relations 44. (1985)
16. Elias T. Ramos, Growth of Collective Bargaining in the Philippines, 1953-74", 14 Indian
17. Journal of Industrial Relations 559 (1987)
18. T.O. Ekeehukwu, Collective bargaining & Process of Settling Industrial Dispsutes in
Nigeria
19. Indian journal of industrial Relations 607 (1983)
20. Y.R.K. Reddy, Determination of Collective Bargaining Agency Search for a Procedure
21. Indian journal of Industrial Relations 73 (1978)
22. Sahab Dayat Revival of Collective Bargaining in India
23. Journal of Industrial Relations 329 (1982)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Third
Semester
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
SEMESTER-III
LLM S3 (07) (22) LL: LAW AND ENVIRONMENT
COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
TEACHING PEDAGOGY:
Group Projects Method
Lecture Method
Seminar Method
Class Discussions Method
Case Study Method
Assignments Method
Guest Speakers Method
Field Tours Method
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications, New
Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases, Materials
and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection) Laws,
Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
This course examines the legal framework governing social security programs in the Country,
including retirement, disability, and survivor benefits. Students will explore the history and
evolution of social security law, as well as current legal and policy issues related to it.
TEACHING PEDAGOGY:
Lecture Method
Class Discussions Method
Discussions & Breakout sessions Method
Assignments Method
UNIT - I
1. Concept of Social Security
2. The Beveridge Report
3. Evolution of Social Security
4. Labour Welfare
5. Distinction with Social Security
6. Labour social security as part of the general
7. social security in the welfare State
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8. Social Assistance
9. Social Insurance
10. Social security in UK, USA and INDIA
UNIT - II
1. International norms for social security of labour
2. The ILO measures
3. The UNO measures
4. Constitutional Perspectives
5. Fundamental Rights
6. Right to life, the wider dimensions
7. Directive Principles of State Policy
8. Right to adequate means of livelihood
9. Right to public assistance in cases of unemployment
10. Old age, sickness and disablement
11. Maternity relief
UNIT - III
1. Recommendations of Commissions pertaining Social Security
2. Royal Commission on Labour
3. I - N.C.L. Recommendations
4. II - N.C.L. Recommendations
5. Comprehensive and Integrated Social Security Scheme by N.C.L.
UNIT - IV
1. Development of Social Security Legislations in India
2. Social Security for Organised Labour
3. Employer’s Liability Act, 1936
4. Workmen’s Compensation Act, 1923
5. Accident Arising out of and in the course of employment.
6. Employees State Insurance Act, 1948
7. Health care and Cash benefit in the case of Sickness
8. Maternity and Employee injury
9. Employees Provident Fund & Mis Provisions Act, 1952
10. Employees’ Provident Fund Scheme, 1982
11. Employees’ Deposit Linked Insurance Scheme, 1976
12. Employees’ Pension Scheme, 1935
13. Payment of Gratuity Act, 1972
14. Payment of Gratuity to employees
15. Maternity Benefit Act, 1961
16. welfare of working women
17. maternity leave and Payment of certain monetary benefits
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - V
1. Social Security for Unorganized Labour
2. The Child Labour (Prohibition and Regulation) Act, 1986
3. The Bonded Labour
4. Agricultural Labour
REFERENCE BOOKS:
1. Harry Calvert Social Security Laws (1978)
2. S.C. Srivastava - Social Security and Labour Laws (1985)
3. Reports of the National Commission on Labour (1&2) (Relevant Chapters)
4. The Laws of Social Security Ogns and Berndt (1978) (Relevant chapters)
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
The Wages and Minimum Labour Standards course is designed to provide an in-depth
understanding of the laws and regulations governing minimum wages and labour standards in
different countries around the world. The course will cover a wide range of topics related to
labour standards.
TEACHING PEDAGOGY:
Lecture Method
Case Law method
Guest Lectures Method
Discussions & Breakout Sessions Method
Experimental Learning Method
UNIT - I
1. Wages
2. History of Wage legislation in India
3. Findings of Royal Commission on Wages 1931
4. Constitutional Perspectives on wages
5. Right to living wage
6. Right to equal pay for equal work
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. O.P. Malthotra, Law of Industrial Disputes (1999)
2. R.R. Singh, Labour Economics Chs. 6,7,8 and 9 (1971)
3. G.L. Kothari, Wages, Dearness Allowances and Bonus (1968)
4. Y.B. Singh, Industrial Labour in India Part 1, (1960)
5. V.V. Giri, Labour Problems in Indian Industry Ch.F (1972)
6. Report of the National Commission on Labour 1969
7. International Labour Office, Wages (1968)
8. International Labour Office, Wage Fixing (1981)
9. International Labour Office, Minimum Wage Fixing (1981)
10. Vedula Jagannadha Rao, Law Relating to Shops & Establishments in Andhra Pradesh
(1989)
11. Suresh C. Srivastava, ‘Payment of Dearness Allowance to Industrial Workers in India”
15.J1.L1. 444(1973)
12. Suresh C. Srivastava, Machinery for Fixation of Minimum Wage of Sweated Labour in
India Problems and Prospects 23 J.l.L.l.495(1981)
13. R.D. Agarwal, Dynamics of Labour Relations in India (1972)
14. Sahab Dayal. Wage, Income and Industrial Relations in Modern India : An Evaluation of
Selected Empiricial Implications.
15. Indian Journal of Industrial Relations 195(1971)
16. Madhuri G. Seth, Bonus in Equity Perspective, 15 Indian Journal of Industrial Relations
119
17. Deepak Lal, Theories of Industrial Wage Structures : A Review 15 Indian Journal of
Industrial Relations 167 (1979)
18. C. Mani Sastry, Wage Structure and Regional Labour Market, 21 Indian Journal of
Industrial Relations 344(1985)
19. Suresh C. Srivastava, Payment of Dearness Allowance to Industrial Workers in India: The
Judicaal Approach, 15 J.l.L.l 444(1973).
20. R.L. Chawla, Wage Policy and Industrial Relations.
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PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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Fourth
Semester
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SEMESTER-IV
A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
The overriding criteria namely, institute-wide standardization, readability, conformance to
ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.
1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.
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3. FORMAT OF DISSERTATION:
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.
h. Plagiarism: In light of the University Grants Commission (Promotion of Academic
Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.
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i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.
4. MARK DISTRIBUTION:
Total Dissertation: 200 marks
Viva voce:
Mid-semester presentation: 10 marks
Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
Completion of the dissertation: 30 marks
External Evaluation: 40 marks
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Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I
Administrative Process
5 LLM S2 (05) CAL CC 8 0 0 8 30 70 100
– Nature & Scope
Administrative Process
6 LLM S2 (06) CAL CC 8 0 0 8 30 70 100
& Judicial Control
7 --- MOOCS-I CC 8 0 0 8 30 70 100
Total 32
SEMESTER III
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First
Semester
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SEMESTER-I
LLM S1 (01) (22) CAL: RESEARCH METHODOLOGY
COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.
TEACHING PEDAGOGY:
Lecture Method
Tutorial method with Learning Exercises, Assignments & Presentations
Discussions & Breakout sessions method
Socrates Method
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UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1. Research Report
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REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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COURSE DESCRIPTION:
Fundamental Rights and Directive Principles are two important concepts in the Indian
Constitution. This course aims to provide a comprehensive understanding of these concepts and
their significance in the Indian democratic system.
TEACHING PEDAGOGY:
Lecture Method
Case Method
Discussions & Breakout sessions method
Audio-visual aids
Research project
UNIT - I
Nature and Characteristics of Fundamental Rights
1. Nature of a Constitution
2. Meaning of fundamental rights
3. Nature and Characteristics of fundamental rights
4. Origin and growth of fundamental rights
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Concept of State
1. Definition of the State
2. Background history of State
3. Concept of State
i. Parliament and State Legislatures
ii. Government of India and Government of State
iii. Authorities
iv. Other Authorities
v. Authorities under the Control of Government of India
Doctrine of Severability, Eclipse, and Waiver
1. Doctrine of Judicial Review
2. Pre-Constitutional Laws under Article 13(1)
i. Doctrine of Severability
ii. Doctrine of Eclipse
3. Post-constitutional Laws under Article 13(2)
i. Doctrine of Waiver
4. Definition of ‘Law’ under Article13 of the Constitution
UNIT - II
Right to Equality – Article 14
1. Equality before law and equal protection of Laws
2. Right to Equality
3. Equality before Law
4. Equal Protection of Laws
5. Test of Reasonable Classification
6. Article 14 forbids is class legislation but it does not forbid reasonable classification
7. Permissible grounds of Legislation
i. Geographical Indication
ii. Nature of trade, profession or occupation
iii. Time
iv. Source of Authority
v. Discrimination by the state in its own favour
vi. Taxing Laws
Prohibition of Discrimination on Ground of Religion – Article 15
1. Prohibition of discrimination under Article 15 (1)
2. Prohibition under general nature under Article 15 (2)
3. Special Provisions to Women and Children under Article 15 (3)
4. Nature of Backward Classes under Article 15 (4)
5. Socially and Educationally Backward Classes
6. Reservations in Admissions
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UNIT - V
Directive Principles of State Policy
1. Historical background of Directive Principles
2. Distinction between the Fundamental Rights and Directive Principles
Fundamental Duties
1. Historical background of Fundamental Duties
2. Scope of Fundamental Duties under Indian Constitution
REFERENCE BOOKS:
1. Basu: Commentaries on the Constitution of India
2. Seervai: Constitutional Law of India
3. Emmerson: Political and Civil Rights in the United States
4. Subba Rao: Fundamental Rights under the Indian Constitution
5. Cushman: Leading Constitution Decisions
6. Mayson & Beaney: Introduction to American Constitutional Law
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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COURSE DESCRIPTION:
The course on center and state relations typically covers the constitutional and legal framework
governing the relationship between the central government and state governments in India. It
delves into the division of powers and responsibilities between the two levels of government and
the mechanisms for coordination and cooperation between them.
TEACHING PEDAGOGY:
Lecture Method
Stimulations Method
Discussions & Breakout sessions method
Assignments Method
UNIT - I
Evolution of a Federal Constitution
1. Meaning of federal Constitution
2. Concept of Union and State Relationship
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Cooperative Federalism
1. Inter-State Council
2. Zonal Council
Privileges of Legislature
1. Historical background of the Privileges
2. Powers, Privileges of Parliament and State Legislatures
3. Freedom of speech
4. Right of Publication of Proceedings
5. Immunity from Civil and Criminal Proceedings
6. Courts and Privileges
Breakdown of Constitutional Machinery in States
1. Proclamation of National Emergency
2. Effects of proclamation of emergency
3. Failure of Constitutional Machinery in a State
4. Effects of Imposition of President's Rule in a State
5. Financial Emergency
6. Suspension of Fundamental Rights guaranteed by Article 19
Services under the Union and States - I
1. Recruitment and conditions of service
2. Doctrine of Pleasure
3. Limitations on Doctrine of Pleasure
4. Compulsory Retirement
5. All India Services
Services under the Union and States- II
1. History of Public Service Commissions
2. Public Service Commissions
3. Appointment and term of service of members of the Commission
4. Removal and Suspension of a Member of the Commission
5. Holding of Offices by Members of Commission
6. Functions of Public Service Commission
7. Reports of the Public Service Commission
UNIT - IV
Parliamentary Form of Government
1. Constitution of Parliament
2. Composition of Rajya Sabha and Lok Sabha
3. Parliamentary membership
4. Meeting of Parliament
5. Functions of Parliament
6. Officers of Parliament
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7. Parliamentary Privileges
Presidential Form of Government
1. Merits of Presidential System
2. Significance of Union Executive
3. Tenure and Removal of the President
4. Powers of the President
i. Executive Powers
ii. Legislative Powers
iii. Financial Powers
5. Presidential v. Parliamentary form of Government
UNIT - V
Federal Courts
1. Composition of the Supreme Court
2. Jurisdiction of the Supreme Court
3. Power to review its judgement
i. Original Jurisdiction
ii. Appellate Jurisdiction
iii. Advisory Jurisdiction
4. Enforcement of Decree and Orders of Supreme Court
REFERENCE BOOKS:
1. A.V. Dicey: Law of the Constitution
2. K.C. Wheare: Federal Government
3. Edward McWhinny: Comparative Federalism
4. Bowie and Friendrish (Ed.): Studies in Federalism
5. Indian Administrative Reforms Commission, Report on Centre State Relations. (Vols. I &
II, 1967).
6. H.M. Seervai: Constitutional Law of India.
7. D.B. Basu: Commentaries on the Constitution of India.
8. Alexander Smith: Commerce power in Canada and US.
9. M. Ramaswami: The Commerce clause in the U.S. Constitution.
10. Victor Mackinnon: Comparative Federalism.
11. Cushman: Leading Constitution Decisions.
12. Mayson & Beaney: Introduction to American Constitutional Law.
13. Sabastian V.D.: The Indian Federalism the Legislative Conflicts.
14. Krishna Shetty K.P.: Legislative Conflicts, the Law of Union State Relations and Indian
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CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
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Second
Semester
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COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.
TEACHING PEDAGOGY:
Lecture Method
Readings and Reflections method
Guest speaker method
Case Study Method
UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi
5. Legislation
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10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability
UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession
REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence
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PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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COURSE DESCRIPTION:
The course describes about
1. The special features of the law distinct from the Constitutional Law.
2. The basic principles which are specifically followed to render justice i.e., Principles of
natural justice, their kinds and exceptions.
3. The reasons and evolution of delegated legislation and the functioning of the delegated
authorities within the ambit of the power conferred to them.
4. The functioning of the special bodies constituted as alternative means for administering
justice viz., Administrative Tribunals, Ombudsman, Lokayukta, Lokpal. With the help of the
principles laid down by the Courts of law with special reference to the exercise of power by
the administrative authorities providing insights with the latest updates.
TEACHING PEDAGOGY:
● Lecture Method
● Group Work and Guided Learning
● Flipped Classroom Method
● Use of Technology in Classroom
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UNIT – I
Introduction to The Study of Administrative Law
1. Definition of Administrative law
2. Reasons for the growth of Administrative Law
3. Distinction between administrative law and constitutional law
Rule of Law
1. Dicey's three meanings of Rule of Law
2. The Rule of Law and Administrative Law
3. K.C. Davis: The Seven meanings of Rule of Law
4. The Rule of Law and American rejection of its extravagant
5. Chicago Conference on the Rule of Law
6. Delhi Declaration 1959
7. Rule of Law and Indian Constitution
8. Judicial Interpretation of the Concept of Rule of Law
9. Rule of Law and Emergency: Habeas Corpus Case
Separation of Powers
1. Historical Background of the doctrine of Separation of powers
2. Montesquieu's doctrine
3. Separation of powers in France
4. Separation of powers in England
5. Separation of powers in USA
6. Separation of powers in India
7. Supreme Court on Separation of powers
UNIT – II
Classification of Functions
1. Need for classification
2. Administrative Process
3. Legislative function
4. Distinction between Legislative and Administrative functions
5. Distinction between legislative and judicial functions
6. The difference between Judicial and quasi-judicial decisions
7. Distinction between administrative and judicial functions
8. Ministerial functions
9. Purely Administrative Functions
Welfare State
1. Meaning and functions of State
2. Theories as to functions of the State
3. Evolution of Welfare State
4. The minimal or limited State
5. The Interventionist State
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REFERENCE BOOKS:
1. Friedmann: The State and the Role of Law in a Mixed Economy (1971)
2. Neville I, Brown and J.F. Garnet: French Administrative Law Ch. 5 & 6.
3. Dicey: Law of the Constitution Ch.4,12 & 13, Appendices I & II
4. Schwartz & Wade: Legal Control of Government Ch.5, 6 & 7.
5. Davis: Discretionary Justice
6. Jain & Jain: Principles of Administrative Law (1979) Ch. 2, 7 & 8
7. De Smith: Judicial Review of Administrative Action Ch.2
8. ILI: Government Regulation of Private Enterprises, Ch.1,2&8
9. Jennings: Law and the Constitution, Ch. 1, 2, 6 and Appendices I & II.
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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COURSE DESCRIPTION:
A lawyer, whether academic or professional is expected to be competent to analyse and evaluate
the legal process from a broader juristic perspective.
The objective of this paper is to study the nature of judicial process as an instrument of social
ordering. It is intended to highlight the role of court as policy maker, participant in the power
process and as an instrument of social change.
This paper further intends to expose the intricacies of judicial creativity and the judicial tools
and techniques employed in the process. Since the ultimate aim of any legal process or system is
pursuit of justice, a systematic study of the concept of justice and its various theoretical
foundations is required.
This paper, therefore, intends to familiarize the students with various theories, different aspects
and alternative ways of attaining justice.
TEACHING PEDAGOGY:
Lecture & Discussion Method
Case study Method
Research based Teaching
Harkness method
Concept centered approach through Seminars and Presentations
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UNIT – I
Principles of Judicial Review and Its Constitutionality
1. General Principles
2. Judicial Control in England
3. Judicial Review in America
4. Judicial Review in India
i. Modes of Judicial Control
ii. Constitutional Review
iii. Statutory Review
Concept of Collective Bargaining - A Comparative Appraisal
1. History of Collective Bargaining in India
2. Five-year plans and Collective Bargaining
3. Legal Framework governing Collective Bargaining
4. Factors affecting Collective Bargaining in India
5. Suggestions to make Collective Bargaining more effective
6. N.C.L Recommendation on Collective Bargaining
7. Collective Bargaining and International Experience
Enforcement of Articles 32 And 226 Of Indian Constitution
1. Procedure Under Article 32
2. Procedure Under Article 226
3. Importance of Article 227
4. Discretion of S.C Under Article 136
5. Alternative Remedy
6. Delay --A Ground tor rejecting Petition?
UNIT - II
Judicial Review of Quasi-Judicial Action
1. Judicial review of quasi-judicial Action
i. Jurisdictional Errors
ii. Error apparent on the face of the record
iii. Violation of natural justice
iv. Fraud
v. Imposition of punishment on Government Servant
vi. Unconstitutionality
2. Exclusion of Judicial Review
3. Finality Clause
4. The Conclusive Evidence Clause
Reliefs And Remedies Against Administrative Actions
1. History of Writ Procedure in India
2. Constitutional Framework
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REFERENCE BOOKS:
1. De’ Smith: Judicial Review of Administrative Action (1973) Excluding Ch. 1 & 2)
2. Fazal: Judicial Control of Administrative Action in India and Pakistan (1969).
3. Jain & Jain: Principles of Administrative Law (1979) Ch.2, 911&15
4. Schwartz and Wade: Legal Control of Government Ch. 9 &12
5. Davis: Administrative Law Text Ch.4
6. Brown and Garnet: French Administrative Law Ch.7 & 9
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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Third
Semester
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SEMESTER-III
LLM S3 (07) (22) CAL: LAW AND ENVIRONMENT
COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.
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TEACHING PEDAGOGY:
Group Projects Method
Lecture Method
Seminar Method
Class Discussions Method
Case Study Method
Assignments Method
Guest Speakers Method
Field Tours Method
UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
1. United Nations
2. Stockholm Declaration
3. Rio Summit
4. Vienna Convention
5. Montreal Protocol
6. Earth Summit
7. UNEP
8. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - IV
Environmental Pollution
1. Kinds of pollution
2. Causes of factors of environmental pollution
3. Remedies under civil law and criminal law
UNIT - V
Judiciary and Environmental Regime
1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.
REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications,
New Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases,
Materials and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection)
Laws, Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
Human rights were conceived rather narrowly as mere freedom from arbitrary government in the
past. It was realized later and much more so during last seventy years since the end of the
Second World War that the threats to liberty, equality and justice did not emanate from the state
alone.
Many nations of Asia and Africa came to nationhood during this period. These nations had to
bring about their development and they needed capital.
Foreign aid and foreign investments were invited but these could very well lead to their second
subjugation. Poverty, ignorance, exploitation had to be fought at the global level.
Development had to come without the sacrifice of human values. A greater awareness of human
rights, not only as negative restrictions on the state but as positive obligations for creating an
environment in which man could live with dignity was necessary.
The focus of a course on human rights must be on the national problems with an international or
global perspective.
The world community's concerns about human rights have been expressed through various
conventions.
On the national levels, they are contained in constitutional provisions such as directive principles
of state policy, fundamental rights, fundamental duties and judicial, legislative as well as
administrative strategies of reconstruction.
Human rights acquire much more comprehensive and wider meaning.
It requires us to take up cudgels against poverty discriminations based on caste, color or sex,
make provisions for drinking water, population control, conservation and preservation of natural
resources, ecological balance, protection of consumers against ruthless and profit seeking,
traders or manufacturers, provisions against hazardous industries and so on and so forth.
Human rights are an important parameter for a just society and future lawyers must be able to
assess any programme of social transformation with reference to them.
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TEACHING PEDAGOGY:
Lecture & Discussion Method
Socrates Method
Problem Solving
Concept centered approach through Seminars and Presentations
Bloom’s Twist Method
UNIT - I
Nature And Characteristics of Human Rights
1. Meaning of Human Rights
2. Certain Definitions of Human Rights
3. Nature and Characteristics of Human Rights
4. Concept of Human Rights
Historical Perspectives of Human Rights
1. Natural Law
2. The English Experience
3. The American Experience
4. The French Experience
5. Development of Human Rights at International Level
Development Of Human Rights During the Post Second World War
1. Charter of United Nations
2. Universal Declaration of Human Rights
3. International Covenant on Civil and Political Rights
4. International Covenant on Social, Economic and Cultural Rights
5. United Nations Human Rights Commission
6. Human Rights Council
UNIT - II
Development Of Human Rights in The Constitution of India
1. Preamble of the Constitution of India
2. Human Rights content under the Constitution of India
3. Fundamental Rights: Right to Equality
Human Rights: Protection of Life and Personal Liberty
1. Introduction
2. Right to life under Article 21 of the Constitution
3. Directive Principles of State of Policy
Judicial Activism and Its Development
1. Historical Evolution of Judicial Activism
2. Meaning of Judicial Review
3. Judicial Review in U.S.A
4. Judicial Review in India
5. Democracy and Judicial Activism
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT – V
Role of Non-Governmental Organisations in The Protection of Human Right
1. Functions of Non-Governmental Organization in the protection of human rights
2. Information Gathering, Evaluation and Dissemination
3. Advocacy to stop Abuses and Secure Redress
4. Legal Aid, Scientific Expertise and Humanitarian Assistance
5. Keeping open the Political System
6. Building Solidarity
7. Education, Concretization or Empowerment
8. Legislation to incorporate or Develop Human Rights Standards
9. Lobbying National and International Authorities
10. Amnesty International
Implementation of International Norms and Standards in India
1. Implementation of International Treaties
2. Article 21 and Universal Declaration of Human Rights
3. Right to shelter
4. Right to compensation under public law
5. Articles 14, 21, and International Conventions
6. Rights of prisoners and International Conventions.
REFERENCE BOOKS:
1. D.D. Basu; Human Rights in Indian Constitutional Law
2. B.P. Singh Seghal; Law, Judiciary and Justice in India
3. Poornima Advani: Indian judiciary – A Tribute
4. Justice Venkateramaiah: Human Rights in changing world.
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
COURSE DESCRIPTION:
Public utilities are government monopolies, which are services rather than commercial
enterprises. The law of public utilities is contained in the statutes of incorporation and judicial
decisions given by courts while resolving disputes between the utilities and their consumers or
employees or traders or others entering into business relations with them. In this paper a student
will study (a) government policy in regard to such utilities in general and to each utility in
particular, (b) the growth and evolution of the public utilities; (c) patters of the laws of
incorporation and (d) powers, functions and liabilities of the public utilities vis-a-vis their
employees, consumers and others. The following syllabus prepared with this perspective will be
spread over a period of one semester.
TEACHING PEDAGOGY:
Blended learning
Lecture and Discussion Method
Reliance on research-based teaching
Case Study approach
Page 94 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - I
Liability Of the State in General
1. Liability of the Administration
2. Liability in Commercial and Non-Commercial functions
i. Liability of the Government
ii. Non -Liability of the Government
3. Immunities of the Administration in suits
i. Privilege of notice
ii. Privilege to withhold documents
Liability Of the Government in Contracts
1. Pre-Constitution view
2. Constitutional Provisions for Government Contracts
i. Requirements for formation of contract
ii. A written contract necessary
iii. Executed by an authorized person
iv. Expressed in the name of President or Governor
3. Effect of non-compliance
4. Ratification of an invalid contract
5. Enforcement of liability under the contract
i. Effect of a Valid Contract
6. Estoppels and Government Contract
7. Contracts and statutory discretion
i. Articles 14, 19(1), (4) and Government contracts
8. Contracts and writs
Tortious Liability of The Government
1. Doctrine of Vicarious Liability
i. Expanding dimensions of governmental tortious liability
ii. Act of State
2. Vidhyawati to Kasturilal
i. Sovereign and Non-sovereign functions
3. Later Developments
i. Transportation
ii. Law and Order
iii. Violation of Article 21 of the constitution
iv. Government Hospitals
4. Statutory functions
i. Officials Exercising Statutory Functions
ii. Post office and Railways
iii. Municipal Bodies
iv. Statutory and Corporate bodies
5. Writs and damages for government torts
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - II
Compensatory Form of Article
1. Relationship between Arts 19 AND 21, 22
2. Maneka Gandhi: The New Approach
3. Present view of Article 21
i. Life
ii. Personal liberty
iii. Laws
iv. Procedure
v. Onus of proof
4. Compensatory jurisprudence
i. Arrest and remedy
ii. Fair trial and procedure
iii. Speedy trial and justice
5. Long pre-trial confinement
6. Compensatory jurisprudence as remedy
i. More crimin.al courts
ii. Maximum imprisonment
iii. Right of appeal
iv. Legal aid
v. Handcuffing of under-trials
vi. Police torture
7. Prisoner’s grievances
8. Death sentence and constitutionality
i. Delayed execution of death sentence
ii. Damages
9. Extended view of Article 21
i. Quality of life
ii. Right to livelihood
iii. Slum dwellers
iv. Right to medical care
v. Right to education
vi. Sexual harassment and rape
vii. Right to privacy
viii. Ecology and environment
ix. Right to die
x. Right to health
Consumer Protection and State Accountability
1. Consumer Protection under the Indian Constitution
2. Legislative Competence to protect consumers
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LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
UNIT - III
Elements Of ‘Access to Information’
1. Access to information
i. Principles o. access to information
2. Position in England regarding Official secrets
i. Developments after Franks Committee
3. Access to information in U.S A
4. Access to information in Australia
5. Secrecy in Government -Practice in India
i. Presentation of document in the court
ii. Information under Right to information Act
iii. Brief study of the Act
Disclosing Of Information Under the Official Secrets Act
1. Historical Position
2. Access under Atomic Energy Act
3. Access under the Official secrets Act
i. Persons in possession of official information
ii. Persons receiving the information
iii. The disclosure of secret government information
iv. Punishment
UNIT - IV
Judicial Review of Administrative Action
1. Judicial review
i. Meaning
ii. Object
iii. Nature and scope
iv. Justifiability
v. Limitations
vi. Overriding considerations
2. Discretionary power and judicial review
3. Grounds
i. Failure to exercise discretion
a. Sub-delegation
b. Imposing fetters on discretion by self-imposed rules of policy
c. Acting under dictation
d. Non-application of mind
e. Power coupled with duty
4. Excess or abuse of discretion
i. Absence of power
Page 97 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Page 98 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
REFERENCE BOOKS:
1. Jain & Jain: Principles of Administrative Law
2. De Smith: Judicial Review of Administrative Action
3. B. Schwartz: An introduction to American Administrative Law
4. H.W.R. Wade & C.F. Forsyth: Administrative Law
5. C.K. Takwani: Lectures on Administrative Law
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
Page 99 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU
Fourth
Semester
SEMESTER-IV
A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.
3. FORMAT OF DISSERTATION :
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.
4. MARK DISTRIBUTION:
Viva voce:
Mid-semester presentation: 10 marks
Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
Completion of the dissertation: 30 marks
External Evaluation: 40 marks
Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I
First
Semester
COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.
TEACHING PEDAGOGY:
Lecture Method
Tutorial method with Learning Exercises, Assignments & Presentations
Discussions & Breakout sessions method
Socrates Method
UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1. Research Report
REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Keeping in view, the changing contours of crimes the syllabus has been framed with a view to
equip the candidates with contemporary trends. The classification of crimes and criminals as a
thorough back drop of not only a substantive criminal law of the country but also comparatively
studied with England, which try to deprive an individual of his liberty would enable the
candidates to have a better perspective. All this has been included in the syllabus.
TEACHING PEDAGOGY:
Lecture Method
Tutorial method with Assignments & Presentations
Discussions & Breakout sessions method
Research projects
UNIT - I
1. Conception of Crime
2. Distinction between crime and other wrongs.
3. Applicability of IPC – Territorial, Personal
4. Salient features of IPC
5. Elements of Criminal Liability
6. Author of crime – national and legal person
7. Actus reas
8. Mensrea - evil intention
9. Mens rea in statutory offences
10. Mens rea – applicability in IPC
11. Vicarious liability
12. Omission
UNIT – II
1. Group liability
2. Joint liability - common intention
3. Abetment
4. Instigation, aiding, and conspiracy
5. Unlawful assembly – common object
6. Criminal conspiracy
Unit - III
1. Stages of crime
2. Guilt intention – the mere intention is not punishable
3. preparation - not punishable
4. Exemptions to preparation
5. Attempt – its scope
6. Attempt when punishable
7. Tests for determining what constitutes an attempt.
8. Impossible attempt.
UNIT - IV
1. Factors negativating guilty intention.
2. Mistake of fact
3. Infancy
4. Insanity
5. Intoxication ----- involuntary & voluntary
6. Necessity and compulsion
7. Accident
8. consent
9. Right of private defence - justification and limits
UNIT - V
1. Concept of punishment
2. Kinds of punishment
3. Death-Social relevance-Alternatives to capital punishment
4. Imprisonment for life
5. Imprisonment for the term - rigorous and simple
6. Fine
7. Discretion in awarding sentence
8. Theories of punishment
9. Deterrent theory
10. Preventive theory
11. Retributory theory
12. Expiatory theory
13. Reformatory theory
REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dherajlal Indian Penal code
3. K.D. Gour A Textbook on The Indian Penal Code Universal Delhi.
4. P.S. Achuthan Pillai Criminal Law Eastern Lucknow
5. Kenny’s Principles of Criminal Law
6. Smith and Hogan on Criminal Law Butterworths
7. Cross and Jones Cases and Statutes on Criminal Law Butterworths
8. Cross and Jones Introduction to Criminal Law Butterworths.
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
The Code of Criminal Procedure provides the machinery for the detection of crime,
apprehension of suspected criminals, collection of evidence, determination of the guilt or
innocence of the suspected person, and the imposition of suitable punishment on the guilty. It is
further aimed at trying to provide a balance between the needs of the investigation and
adjudicatory bodies to detect crime, maintain law and order and the rights of the accused. With
the increasing complaints regarding abuse of powers of arrest by the police, custodial torture and
death, denial of bail, etc., the course particularly focuses on investigation, arrest, bail and
principles of fair trial. The provision relating to plea bargaining has been included to critically
examine its operation under the criminal law which may be oppressive unless all the
stakeholders are equally positioned.
TEACHING PEDAGOGY:
Lecture Method
Guest speakers Method
Discussions & Breakout sessions method
Moot Court Method
UNIT – I
1. Organization of Courts and Prosecuting Agency
2. Hierarchy of Criminal Courts and their Jurisdiction
3. Sentencing Powers of Courts
4. Territorial Division
REFERENCE BOOKS:
1. Criminal Procedure Code 1973, D.D. Basu Code of Criminal Procedure: S 5 vols.
2. K.N. Chandrasekharan Pillai(ed).
3. S.R.V. Kelkar’s Outlines of Criminal Procedure (2000) Eastern.
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
Second
Semester
COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.
TEACHING PEDAGOGY:
Lecture Method
Readings and Reflections method
Guest speaker method
Case Study Method
UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi
5. Legislation
6. Rules of Interpretation of Statutes
7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule
UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts
7. Damnum Sine injuria
8. The place and time of act
9. Causation
10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability
UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession
REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Keeping in view, the changing contours of crimes the syllabus has been framed with a view to
equip the candidates with contemporary trends. The classification of crimes and criminals as a
thorough backdrop of not only a substantive criminal law of the country but also comparatively
studied with England, which tries to deprive an individual of his liberty would enable the
candidates to have a better perspective. All this has been included in the syllabus.
TEACHING PEDAGOGY:
Role Play Method
Lecture Method
Guest speaker Method
Group Discussions Method
Quizzes and Assignments Method
UNIT - I
1. Offences against Unlawful assembly
2. Unlawful assembly
3. Being a member of unlawful assembly
4. Rioting
5. Affray
UNIT - II
1. Offences against the Human body
2. Causing the death of a human being
3. Culpable homicide
4. Lawful homicide
5. Murder
6. Distinction between culpable homicide and murder
7. Situation justifying treating murder as culpable
8. homicide not amounting to Murder
9. Grave and sudden provocation
10. Exceeding right to private defense
11. Public servant exceeding legitimate use of force
12. Death in a sudden fight
13. Death caused by consent of the deceased
14. Rash and negligent act causing death
15. Hurt and grievous hurt
16. Wrongful restraint and wrongful confinement
17. Assault and criminal force
UNIT - III
1. Offences against Property.
2. Theft
3. Extortion
4. Robbery and dacoity
5. Cheating
6. Mischief
7. Criminal misappropriation and criminal breach of trust
8. Receiving stolen property
9. Criminal Trespass
10. House trespass
11. Housebreaking
UNIT - IV
1. Offences relating to documents
2. Forgery
3. Making a false document
UNIT - V
1. Defamation
2. Defamation - publication
3. exceptions to defamation
REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dheerajlal Indian Penal code
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
This course provides a study on Socio-economic offences, which have an impact on the social
and economic well-being of society in large, mainly on the people who are likely to purchase
goods or services. These are non-conventional crimes that don’t involve mensrea. These crimes
have a societal impact. These are a new type of criminality, in which persons from the upper and
middle classes are involved and are committed in the course of their occupations.
Sutherland refers Socio-economic offences as white-collar crimes, while others refer them as
public welfare offences, statutory offences, strict liability offences, and so on. This type of crime
has spread to varying degrees throughout the world. The gravity of such offences is quite severe.
Though several lawmakers in India have been established who may be classified as socio-
economic legislators.
TEACHING PEDAGOGY:
Case Study Method
Lecture Method
Mock Negotiations Method
Guest Speakers Method
Role Paly Method
UNIT - I
1. Conceptions
2. Definition of ‘White Collar’ crimes - Sutherland’s analysis, and critique of it.
3. Applicability of white-collar crimes to Indian conditions
4. From Santhanam Committee Report to the Twenty-ninth and forty Law
REFERENCE BOOKS:
1. Upendra Baxi Law and Poverty critical essays
2. Upendra Baxi Liberty and corruptions Antulay case and Beyond
3. P.R. Rajagopal Violence and Response; A Critique of Indian Criminal Justice system
4. Law Commission of India
i. 154th Report on Cr P C 1973
ii. 155th Report on I P C 1860
5. Sutherland Criminology and penology
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
Third
Semester
COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.
TEACHING PEDAGOGY:
Group Projects Method
Lecture Method
Seminar Method
Class Discussions Method
Case Study Method
Assignments Method
Guest Speakers Method
Field Tours Method
UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
2. United Nations
3. Stockholm Declaration
4. Rio Summit
5. Vienna Convention
6. Montreal Protocol
7. Earth Summit
8. UNEP
9. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.
UNIT - IV
Environmental Pollution
1. Kinds of pollution
2. Causes of factors of environmental pollution
3. Remedies under civil law and criminal law
UNIT - V
Judiciary and Environmental Regime
1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.
REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications,
New Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases,
Materials and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection)
Laws, Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.
COURSE DESCRIPTION:
The Constitution of India which also provides that no individual shall be discriminated against
on grounds of religion, caste or sex. The problems of social inequality and class divide need to
be recognised and resolved by all available democratic measures including special legislations to
deal with particular acts constituting offences against such weaker sections of society.
`Scheduled Castes' and `Scheduled Tribes are two such identified social groups. the educational
and economic upliftment of the Weaker Sections of the people, in particular of SCs & STs and
shall protect them from injustice and all forms of exploitation. The syllabus of this course covers
the offences against the weaker sections.
TEACHING PEDAGOGY:
Lecture Method
Class Discussions Method
Discussions & Breakout sessions Method
Assignments Method
UNIT - I
1. Offences against children
2. Offences against foeticide
3. Miscarriage
4. Medical Termination of Pregnancy Act 1971
5. Pre-natal Diagnostic Act 1987
UNIT - IV
1. Offences relating to women in other legislations
2. Immoral Traffic (Prevention) Act
3. Prohibition of indecent Representatio0n of women
4. Domestic violence
5. Sexual harassment at the workplace.
UNIT - V
1. Offences against SC and ST
2. SC & ST Atrocities Act
REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dherajlal Indian Penal code
3. K.D. Gour A Textbook on The Indian Penal Code Universal Delhi.
4. P.S. Achuthan Pillai Criminal Law Eastern Lucknow
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(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Crime and the threat of victimization are inescapable realities of contemporary society. Crime is
so commonplace that prevention and security measures are viewed as natural and necessary
precautions in both public and private life.
A considerable and growing percentage of public resources are allocated for juvenile
delinquency prevention initiatives, law enforcement training and technology, corrections,
substance abuse treatment and numerous other aspects of criminal justice.
TEACHING PEDAGOGY:
Lecture Method
Case Law method
Guest Lectures Method
Discussions & Breakout Sessions Method
Experimental Learning Method
UNIT - I
1. Dimensions of Crime in India
2. Nature and extent of crime in India
3. General approaches to crime control
REFERENCE BOOKS:
1. Katherine S Williams, Text Book on Criminology (1997), Blackstone, London
2. Loveland, The Frontiers of Criminality (1995), Sweet & Maxwell.
3. Martin Wasik, Emmins on Sentencing (1998), Blackstone, London.
4. Hall, J. Law, Social Science and Criminal Theory (1992).
5. Manheim, H. Comparative Criminology: A Text Book (1965).
6. Ross, H. (Lawrence Ed.) Law and Deviance (1981).
7. Sutherland, E. and Cressy, Principles of Criminology (1978).
8. Waslker, N. crime and Criminology: A Critical INTRODUCTION (19987).
9. S. Rao, Crime in Our Society, (1983).
10. J.M. Sethna, Society and the Criminal (1980).
11. Siddique, Criminology: Problems and Perspectives (1997).
12. E. Sutherland, White Collar Crime (1949).
13. S. Kaldate, Society, Delinquent and Juvenile Courts (1982).
14. W.C.Reckless, The Prevention of Juvenile Delinquency (1972),
15. D.C. Pandey, Habitual Offenders and the law (1983).
16. D. Abrahensen, David: Crime and the Human Mind (1979).
17. Conrad, John. P.: Crime and its Correction: An international survey of Attitudes and
Practices.
18. Krishna Iyer Report on Female Prisoners (1986).
19. Mulla Committee Report, (1983).
20. P. Rajgopal, Violence and Response: A Critique of Indian Criminal Justice System
(1988).
PO 1 PO 2 PO 3 PO 4 PO 5
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(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
Fourth
Semester
1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.
4. MARK DISTRIBUTION:
Total Dissertation: 200 marks
Viva voce:
Mid-semester presentation: 10 marks
Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
Completion of the dissertation: 30 marks
External Evaluation: 40 marks
Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I
General Principles of
2 LLM S1 (02) CSL CC 8 0 0 8 30 70 100
Company Law - I
Total 24
SEMESTER II
General Principles of
5 LLM S2 (05) CSL CC 8 0 0 8 30 70 100
Company Law - II
Administration of
6 LLM S2 (06) CSL CC 8 0 0 8 30 70 100
Company Law
7 --- MOOCS-I CC 8 0 0 8 30 70 100
Total 32
SEMESTER III
** Faculty workload would include 1 hr. per student guided from the third semester onwards.
First
Semester
COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.
TEACHING PEDAGOGY:
Lecture Method
Tutorial method with Learning Exercises, Assignments & Presentations
Discussions & Breakout sessions method
Socrates Method
UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT – V
1. Research Report
REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes General Principles of Company Law, it is necessary to impart the fundamental aspects
of the company in view of Companies Act, 2013. Further, the significance of Corporate Social
Responsibility (CSR) and its components has been included to sensitize the students about its
importance with a case study mechanism with public and private sectors.
Teaching Pedagogy
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT - I
Evolution and History of Company Law in India and Advantages of Incorporation of
Company
1. Companies Act - Amendments in Recent Past
Unit – IV
Shares
1. Definitions
2. Restriction for Allotment of Shares
3. Book Building Process for issue of Shares
4. Share application money
5. Notice of Allotment
6. Allotment of Share
7. Dispatch of Allotment Letters
8. Offer can be withdrawn before acceptance
9. Irregular Allotment
10. Refund of Excess application Money
11. Stock Exchange Requirements
Transfer of Shares
Definition and Object of Share Certificate 2. Estoppel as to Title 3. Estoppel as to Payment 4.
Procedure for Transfer of Shares 5. Strict Construction of Restrictions 6. Scope of Interference
where Powers Unfettered
UNIT – V
Kinds of Companies
1. Definitions
2. Private Company & Public Company
3. Company Limited by Shares & Company Limited by Guarantee
4. Unlimited Company, Holding Company & Subsidiary Company
5. Government Company, Banking Company & Foreign Company
REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law
2. Gower : Principles of Modern Company Law
3. S.M. Shah : Lectures on Company Law
4. Avatar Singh – Principles of Company Law
5. Rajesh Tayal: Guide to Private Limited Companies
6. Dr. K.R. Chandratre: Transfer and Transmission of Shares
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialisation of this course
includes Company Management, it is necessary to impart the fundamental aspects relating to the
management of the company in view of Companies Act, 2013. Further, the significance of
Corporate Social Responsibility (CSR) and its components has been included to sensitize the
students about its importance with a case study mechanism with public and private sectors.
Teaching Pedagogy
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT – I
DIRCTORS
1. Directors Types
2. Director’s Identification Number [DIN]
3. Appointment/Reappointment
4. Qualification
5. Vacation of Office
6. Retirement
7. Resignation and Removal of Whole-time Directors and Manager
8. Role of Directors
9. Responsibilities of Directors
10. Powers of Directors
11. Duties of Directors
12. Loans to Directors
13. Remuneration of Directors
14. Office or Place of Profit
15. Contracts in which Directors are interested
16. Board of Directors and its Committees
UNIT – II
Independent Directors
1. Independent Director
2. Independent Director Under the Company Law 2013
3. Number of Independent Director
4. Qualification of Independent Director
5. Manner of Selection of Independent Director
6. Code of Independent Director
7. Tenure of Independent Director
8. Liability of Independent Director
9. Remuneration of Independent Director
UNIT - III
Company Secretary
1. Definition
2. Qualification
3. Company Secretary as a Key Managerial Personnel
4. Company Secretary in Practice
5. Appointment
6. Appointment Procedure
7. Responsibilities
8. Notice, Quorum, Chairman, Proxy, Voting including voting through Electronic means.
9. Resolutions, Circulation of Members Resolution.
10. Postal Ballot, Recording, Signing and Inspection of Minutes.
11. Distribution of Powers of a Company
12. Division of Powers between Board and General Meetings
13. Acts by Directors in Excess of Authority
14. Monitoring and Management
15. Sole Selling and Buying Agents; Meaning, appointment and Reappointment, Removal.
REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law
2. Gower : Principles of Modern Company Law
3. Dr. Avtar Singh : Company Law
4. Ramaiya : Guide to the Companies Act
5. J.C. Verma : Corporate Mergers, Amalgations & Take overs
6. K.R. Chandratre : Company Directors
7. A.M. Chakraborti : Company Notices, Meetings and Resolutions
8. BHARAT’S: Takeover Code
9. L.V.V. Iyer: Guide to Company Directors
10. K.S. Ravichandran: Prosecution of Directors and Officers under Company Law.
Second
Semester
COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.
TEACHING PEDAGOGY:
Lecture Method
Readings and Reflections method
Guest speaker method
Case Study Method
UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi
5. Legislation
6. Rules of Interpretation of Statutes
7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule
UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts
7. Damnum Sine injuria
REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialisation of this course
includes General Principles of Company Law, it is necessary to impart the fundamental aspects
of the company in view of Companies Act, 2013. Further, the significance of Corporate Social
Responsibility (CSR) and its components has been included to sensitize the students about its
importance with a case study mechanism with public and private sectors. This paper have a great
nexus with paper I of Semester I, this would make students understand the cardinal principles of
company law in a much broader perspective.
Teaching Pedagogy
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT - I
FORM OF CONTRACTS
1. Definition
2. Director’s power to sign contracts or oral consent to arbitration
3. Ultra vires contracts cannot be ratified
4. Signing contracts on behalf of the company
5. Authority to act on behalf of the company
6. Duty of those dealing with company to ascertain authority
7. “Actual authority” and “apparent” or ostensible autoritty
8. Contracts made before incorporation
9. Pre-incorporation contracts binding on persons contracting
10. Property purchased and payments made by the promoters
11. Acquiring shares before incorporation
BILL OF EXCHANGE AND PROMISSORY NOTE
1. Meaning
2. Mode of authenticating negotiable instruments on company’s behalf
3. Liability for dishonor
4. Execution of Deeds
5. Common seal dispensed with in England
6. Service of Document – on Members
7. Service of documents on company
8. Modes of service provided in this section
9. Depositories Act. 1996
10. Service of documents on Registrar
11. Notice of general meeting
12. Issued of refund orders, allotment letters/certificates and letters of offer by registered
post
13. Authentication of documents and proceedings
14. Signature of agent whether of company
UNIT - II
Registration of Charges
1. Charges on Bank Debts
a. A Pledge of Movable Requires no Registration
b. Effect of Non-Registration
c. Date of Notice of Charge
8. Reduction of Capital
9. Protection of interests of creditors by the company
10. Interest of Shareholders
11. Liability of Members after Reduction
FURTHER ISSUE OF CAPITAL
1. Rights Shares of Shareholders pre-emptive right
2. Powers of Board of Directors to make rights issues
3. SEBI Guidelines on Rights issue
4. Bonus Shares
5. Impact of Bonus issue on value of shares
6. Advantages of bonus issue of shares
7. Rules relating to Bonus issue
8. SEBI guidelines on issue of Bonus Shares
9. Voting Rights
10. Voting Rights of Preference Shares holders
ISSUE OF SHARES AT PREMIUM
1. Reduction of share premium account
2. Pricing of the issue
3. Disinvestment
4. Issue at over 10% discount allowed by CLB
5. Reissue of forfeited shares
6. Issue of Shares at Discount
7. Sweat Equity Shares
UNIT – IV
DEBENTURES
1. Definition and Meaning
2. Kinds of debentures
a. Registered and bearer debentures
b. Redeemable and Irredeemable debentures
c. Convertible and Non-convertible debenture
3. Convertible debentures
4. Non-convertible debentures
5. Debentures issued as Collateral Security
6. Naked and Mortgage Debentures
7. Issues of Debentures
8. Register and Index of Debenture holders
a. Transfer of Interest
b. Personal Liability
c. Default by Borrower
d. Redemption Period
7. Fixed and Floating Charge
a. Fixed or Specific Charge
b. Floating charge
c. Characteristics of a Floating Charge
d. Effect of Floating Charge
e. When a Floating Charge may Crystallize
f. Effect of Floating Charge Becoming Fixed
8. Payment of Certain debts out of assets subject to floating charge in priority to claim
under the charge
9. Distinction between fixed and floating charge
10. Registration of Charges
11. Register of Charges
12. Loan to Companies
INTER-CORPORATE LOANS AND INVESTMENTS
1. Powers of the Board of Directors for taking decision
2. Delegation of Board’s Power
3. Inter-corporate Investments
a. Meaning of ‘inter-corporate’
b. Exemption to investment companies
c. Inter-corporate Loans
4. Loan or Investment
5. Register of the Company
FOREIGN COMPANIES
1. Position in England
2. Definition
3. Provisions relating to foreign companies in India
4. Duties of the Foreign companies in India
5. Foreign Company and its world accounts
6. Prospectus of Foreign company
REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes Administration of company law, it is necessary to impart the knowledge of
administration of a company in parlance with the rules framed in view of Companies Act, 2013.
This paper makes a student understand the principles of administration of a company and
thereby becomes efficient enough to tackles the administrative issues legally rather guide the
administrative authorities of a company legally being key managerial personnel.
TEACHING PEDAGOGY:
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT - I
CONTRIBUTORY
1. Mode of winding up
2. Winding up and dissolution
3. Contributory
4. Present and past members
5. List of Contributories
6. Liability of Director or Manager with unlimited liability
7. Liability of legal Representative as contributory
8. Liability of Liquidator of company being wound up
COMPULSORY WINDING – UP
1. Modes of winding up
2. Circumstances in which company may be wound up by the court
3. Failure to pass special resolution
4. Default in holding statutory meeting
5. Suspension of Business
6. Reduction of Members
7. No conflict between industrial disputers and companies Act
8. Complicated auctions and matters requiring investigation
9. Commercial Insolvency
10. Supreme Court’s view on disputed claims
11. Mismanagement of business by directors
12. Inability to pay debts
13. Employees claim to salary
14. Employees claim to Compensation
15. Just and equitable
CONSEQUENCES OF WINDING –UP ORDER
1. Transfer of Proceedings
2. Who May petition
3. Right to present winding-up petition when company is being wound up voluntary
4. Date of commencement of winding-up
5. Stay of proceedings before orders
6. Powers of court on hearing petition
7. Consequences of winding-up order
8. Official liquidators
9. Proceedings after winding-up order
10. Provisional Liquidator
11. Statement of affairs
UNIT - II
POWERS OF THE COURT (National Company Law Tribunal)
AND THE LIQUIDATOR
1. Powers of the Liquidator
2. Exclusion of certain time in computing periods of limitation
3. Recommendation of joint Committee
4. Power to obtain legal assistance
5. Proper Books
6. Accounts by its liquidator and its auditor
7. Control of Central government
8. Committee of inspection
9. General Powers of the Court
10. Power of stay winding-up
11. Settlement of list of contributories
12. Power to make calls
13. Time limit for filling claims
14. Order as to costs
15. Public Examination
16. Effects of order of dissolution
VOLUNTARY WINDING – UP
1. Enforcement of appeal from orders
2. Voluntary Winding-up
3. Members voluntary winding-up
4. Recommendation of company law committee
5. Provisions applicable to member voluntary winding-up
6. Creditors voluntary winding-up
7. Provisions applicable to every voluntary winding-up
8. Powers of liquidator in voluntary winding-up
PROVISIONS APPICABLE TO EVERY MODE OF WINDING-UP
1. Removal of liquidators
2. Arrangement when binding on company and creditors
3. Public examination of promoter Directors
4. Winding-up subject to the supervision of the court
5. Provisions applicable to every mode of winding-up
6. Proof of ranking of claims
7. Secured and unsecured creditors
8. Preferential Payments
9. Antecedent and other transactions
10. Fraudulent Preference
REFERENCE BOOKS:
1. GOWER: Principles of Modern Company Law
2. J.M. THOMSON: Palmer’s Company Law
3. A. RAMAIYA: Guide to Companies Act.
4. S.M. SHAH: Lectures on Company Law
5. D.K. JAIN: Fast Track Scheme
6. ASHISH MAKHIJA: Guide to Company Law Settlement Scheme
7. Dr. AVTAR SINGH: Company Law
8. S.VENUGOPAL: Compounding of Offences under Company Law.
CO1 3 3 2 2 2
CO2 3 2 2 2 3
CO3 3 3 3 2 3
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CO5 2 3 3 2 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
Third
Semester
SEMESTER-III
LLM S3 (07) (22) CSL: LAW AND ENVIRONMENT
COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.
TEACHING PEDAGOGY:
Group Projects Method
Lecture Method
Seminar Method
Class Discussions Method
Case Study Method
Assignments Method
Guest Speakers Method
Field Tours Method
UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
2. United Nations
3. Stockholm Declaration
4. Rio Summit
5. Vienna Convention
6. Montreal Protocol
7. Earth Summit
8. UNEP
9. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.
UNIT - IV
Environmental Pollution
1. Kinds of pollution
REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications, New
Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases, Materials
and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection) Laws,
Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.
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CO 4 3 2 2 2 1
CO 5 2 3 3 3 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes Corporate regulations, it is necessary to impart the fundamental aspects of regulatory
frameworks of the company in view of Companies Act, 2013. This paper explicitly enunciates
the aspects of regulations imposed on the companies regulated by various authorities under the
statute.
TEACHING PEDAGOGY:
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT - I
LEGISLATIVE REGULATION: DIRECTIVE PRINCIPLES OF STATE POLICY
1. Corporation, Characteristics of Modern Corporation
2. Capacity of Companies
3. Corporate Regulations
4. Regulations through Management Compliances
5. Legislative Regulations
a. Directive Principles of State Policy
b. Securities and Exchange Board of India Act, 1951
c. The Industries (Development and Regulation) Act, 1951
d. Competition Act, 2002
e. Insurance Regulatory Development Authority Act, 1999
f. Securities and Exchange Board of India
g. Companies Act, 2013
6. Meaning of Directive Principles of State Policy
7. Nature of DPSP
8. Aim and Objects of the DPSP
9. Over view of DPSP
10. Classifications of DPSP
11. DPSP and Gandhian Principles
12. Fundamental Rights and DPSP
13. Advantages of DPSP
UNIT - II
SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 THE INDUSTRIES
(DEVELOPMENT AND REGULATION) ACT, 1951
1. Introduction of the SEBI Act, 1992
2. Structure of the Act
3. Organization Structure of the SEBI
4. Powers of the SEBI
5. Committees of the SEBI
6. Purpose of SEBI
7. Objectives of the SEBI
8. Functions of SEBI
a. Protective Functions
b. Developmental Functions
c. Regulatory Function
9. Administration
10. Definition under the Industrial Development Act, 1951
11. Objectives of the Act
12. Scope of the Act
13. Powers of the Central Government
14. Classification of the Act
15. Registration
16. Licensing
17. Investigation
18. Revocation of Registration of License
19. Taking over Management & distribution of certain commodities
20. Development Council
21. Functions of the Developmental Council
22. Central Advisory Council
23. Levy Collection Procedure
24. Powers of the Central Government under the Act
UNIT - III
COMPETITION ACT 2002 INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITYACT, 1999
1. MRTP Act, 1969
2. Historical Background of Competition Act
3. Main objectives of the Act
4. Competition Commission of India
5. Powers and Duties of the Commission
6. Functions of the commission
7. Remedies under the Act
8. The Competition (Amendment) Act, 2007
9. Competition Appellate Tribunal
10. Concept of Insurance
11. Background of the IRDA Act, 1999
12. Salient features of the Act
13. Insurance Regulatory and Development Authority
14. Scope of the IRDA
15. Organization structure of IRDA
16. Role of IRDA
17. IRDA is a regulatory body
REFERENCE BOOKS:
1. M.P. JAIN: Constitutional Law
2. SEERVAI: Constitutional Law of India a Critical Commentary
3. The Industries (Development and Regulation) Act, 1951
4. S.M.DUGAR: Monopolies, Restrictive & Unfair Trade Practices Act
5. Insurance Regulatory and Development Authority Act, 1999
6. BHARAT: foreign Exchange Management Act
7. H.P.S. PAHWA: Non-Banking Financial Companies
8. BHARAT: Manual of SEBI Act, Rules, Regulations and Guidelines
9. Dr. Avtar Singh: Law of Monopolies, Restrictive and Unfair Trade Practice
10. R. Suryanarayanan & V. Varadarajan: SEBI Law, Practice and Procedure
CO 1 3 3 2 2 2
CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes securities law and investor protection, it is necessary to impart the fundamental aspects
of the company in view of various securities statutes and investor protection laws.
TEACHING PEDAGOGY:
Lecture Method
Flipped Classroom Method
Group Work and Guided Learning
Use of Technology in Classroom
Case Study Method
UNIT - I
Securities Contracts (Regulation) Act, 1956; Government Securities Act, 2006 &
Depositories Act, 1996
1. Aim and Objectives of the Act
a. Definitions of the Act
b. Structure of the Act
c. Recognition of Stock Exchange
d. Corporatisation and Demutalisation
e. Powers of the Central Government
f. Delisting of Securities
g. Right to Appeal
h. Penal
2. Introduction of Government Securities Act, 2006
a. Scope of the Act
b. Regulation of Government Securities
c. Background of Depositories Act, 1996
3. Significance of the Act
4. Meaning of Depository
5. Parties
6. Eligible Depositories
7. Certificate of Commencement of Business
8. Agreement
9. Surrender of Certificate
10. Advantages
11. Penalty
UNIT - II
SEBI (DEPOSITORIES AND PARTICIPANTS) REGULATIONS, 1996; SEBI
(CUSTODIAN OF SECURITIES) REGULATIONS, 1996 & SEBI (DISCLOSURE AND
INVESTOR PROTECTION) GUIDENLIES 2000
1. Maintenance of Records and Documents
a. Manner of Keeping Records
b. Prohibition of Assignment, Delegate
c. Procedure of surrender of certificate of security
d. Procedure of creating Pledge
e. Information to the Depository
f. Role of Compliance Officer
g. Amendment to the Act, 2014
2. Introduction to SEBI (Custodian of Securities) Regulations, 1996
a. Agreement
b. Internal controls
c. Maintenances of Records
d. Compliance Officer
e. Powers of the Board
f. Duties of the Custodian
g. Appointment of an Auditor
3. Introduction to SEBI (DIP) Guidelines, 2000
a. SEBI Guidelines
b. Investor Protection by SEBI
c. Amendment to SEBI (DIP) Guidelines, 2000
d. Recommendations of the Malegam Committee
SEBI Guidelines for Preferential Allotments of Shares; SEBI Guidelines for Euro Issues &
SEBI (Prohibition of Insider Trading) Regulations, 1992
1. Methods of expanding Share Capital
a. Meaning of Preferential Allotments of Shares
b. Methods of Preferential Allotments
c. Importance of Preferential Allotments
d. SEB1 Guidelines
e. Currency of Financial Instruments
f. Currency of Shareholders resolutions
g. Non-applicability of Guidelines
2. Guidelines of Euro-Issues
a. Guidelines by Government of India
b. Conditions of Euro Issues
c. Assessment of Euro Issues
d. Introduction to the Insider Trading Act
e. Definitions
f. Prohibition of Matters
g. Guilty of Persons under the Act
h. Role and Powers of SEBI
i. Duty of the Company
j. Penalty
k. Model Code
l. SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2008
UNIT - III
SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND
TAKEOVERS) REGULATIONS, 1997 & FOREIGN DIRECT
INVESTMENT (FDI) FOREIGN INVESTMENT PROMOTION BOARD
1. Nature and Scope of SEB1 (Takeovers) Regulations, 1997
2. Introduction
a. Classification of FPIs
b. Eligibility criteria
c. Types of Instruments
d. Regulation of FIIs
e. Investment
f. Modifications of the SEBI Regulations
UNIT - IV
SEBI GUIDELINES FOR MARKET MAKERS SEBI (Venture Capital Funds)
REGULATION, 1996
1. Introduction to Market Making
a. Concept of Market Making
2. Introduction
a. Definition
b. Meaning and Scope of Venture Capital Funds
c. Structure of the Fund
d. Process of Registration under Act
e. SEBI VCF Amendment, Regulation, 2006
f. Lacunae of SEB1 Regulations
SEBI (BUYBACK OF SECURITIES) REGULATION, 1998
1. Meaning of Buy-Back Shares
2. Sources of Buy-Back Shares
3. Objectives of Buy-Back Shares
4. Significance of Buy-Back Shares
5. Conditions of Buy-Back Shares
6. Advantages
7. Disadvantages
8. Responsibility
9. Regulations under the Act, 1998
10. SEBI (Buy Back of Securities) Amendment, Regulations, 2013
SECURITIES LENDING SCHEME SEBI GUIDELINES FOR GOOD OR BAD
DELIVERIES
1. Introduction to Securities Lending
a. Significance of Stock Lending Scheme
b. Objectives of the Lending Scheme
c. Lending and Borrowing market Includes
d. Liability of Security Lending
e. SEBI and Security Lending
f. Deposit of Securities by Lender
g. Lending by Intermediary
h. Repayment of Intermediary
i. Repayment by borrower
j. Recall by Lender
k. Recall by Intermediary
2. Introduction of Good and Bad Deliveries
a. Uniform Norms of Good and Bad Delivery
b. Establishment of Bad Delivery Cell
c. SEBI Guidelines on Bad Delivery
d. SEBI Guidelines
UNIT - V
SEBI (STOCK BROKERS AND SUB BROKERS), REGULATIONS, 1992 & SEBI
(REGISTRARS TO AN ISSUE AND SHARE AGENTS) REGULATIONS, 1993
1. Meaning of Broker
a. Regulating Bodies
b. Definitions under SEBI Rules, 1992
c. Registration
d. Stock Broker
e. Conditions for Certificate of Registration
f. Code of Conduct of Stock Broker
g. Sub-Broker
h. Conditions to act as Sub-Broker
i. Rights and Duties of Sub-Broker
j. Stock Broking Firms
k. SEBI Amendment Regulations, 2014
2. Definitions
a. Role of Registrar
b. Registration
c. Conditions for grant of Certificate
3. Requirement for consideration of application
4. Requirement of Capacity Adequacy
5. Responsibilities of Registrar
6. Appointment of Compliance Officer
7. Code of Conduct
8. Powers of SEBI
9. Functions of Transfer Agents
SEBI (MERCHANT BANKERS) REGULATIONS, 1992 & SEBI
(PORTFOLIO MANAGERS) REGULATIONS, 1993
1. Introduction to Merchant Banking
a. Meaning of Merchant Banking
b. Definition
c. Historical aspects of Merchant Banking
d. Significance
e. Functions
2. Introduction
a. Portfolio Managers
b. Guidelines of SEBI for registration
c. Meaning of Portfolio Management
d. Parties of Portfolio Management
e. Need of Portfolio Management
f. Objectives of the Portfolio Management
g. Classification on Portfolio Investment
h. Essentials of the Portfolio Management
i. Goals of Portfolio Management
j. Functions of Portfolio Management
k. Portfolio Management Schemes
l. Portfolio Managers under SEBI Rules, 1993
m. SEBI guidelines
n. Responsibilities of the Portfolio Managers
SEBI (UNDERWRITERS) REGULATIONS 1993 & SEBI
(DEBENTURE TRUSTEES) REGULATIONS 1993
1. Merchant Banker
a. Definitions
b. Objectives of the Underwriting
c. Kinds of Underwriters
d. Conditions for Registration
e. Requirement of the Capital Adequacy
f. Obligations and Responsibilities
g. Appointment of Compliance Officer
h. Powers of the Board
i. Underwriter Commission
j. SEBI Guidelines on Under Writing
2. Introduction to Debenture Trustee
a. Qualifications of the Trustee
b. Certificate by SEBI
c. Debenture Trust Deed
d. Powers of the Debenture Trustee
e. Functions of the Debenture Trustee
f. Duties
g. Responsibilities
h. Advantages
REFERENCE BOOKS:
1. K.R. Chandratre: SEBI, Capital Issues & Listing in 2 Vols.
2. N. Laxman Rao: Depositories Act
3. J.C. Verma: Corporate Mergers Amalgamations & Takeovers
4. Bharat: Manual of Companies Act
5. M.R. Mayya: Investor Protection
6. Sanjiv Agarwal: Manual of Indian Capital Market
7. N.R. Moorthy: Practical Guide to Buy Back of Shares
8. Vijay K. Gaba: Depository Participants Law and Practice
9. Taxman: Public Issues & Euro Issues
10. A. Ramaiya: Companies Act
11. Public Debt Act, 1944
12. Navneet Jyoti & Rajesh Gupta: Non-Banking Financial Companies
13. RBI Publication: Statutory Guide for Non-Banking Financial Companies 28
PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 3 2 2 2
CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)
Fourth
Semester
A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
The overriding criteria namely, institute-wide standardization, readability, conformance to
ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.
1. GENERAL GUIDELINES:
3. FORMAT OF DISSERTATION:
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.
h. Plagiarism: In light of the University Grants Commission (Promotion of Academic
Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.
i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.
4. MARK DISTRIBUTION:
Total Dissertation: 200 marks
Viva voce:
Mid-semester presentation: 10 marks
Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
Completion of the dissertation: 30 marks
External Evaluation: 40 marks
* * * * *2220