Bcomllb (Hons) 2024 Syllabus

SCHOOL OF EXCELLENCE IN LAW
REVISED CURRICULUM (2024-2025)
For
B.Com. LL.B Hons Degree Course
Course of Law,Course Component, Examination Regulations and Syllabus
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TABLE OF CONTENT
I. Under Graduate Course of Law

1. Under Graduate Course of Law
2. Objectives of Revised Curriculum
3. Extent and Application
II. Course Component of B.Com.LL.B. Hons’
1. B.Com.LLB. Hons. Course: Number of Subjects
2. Choosing Hons. Specialized Course in Law Subjects for LL.B.
Hon’s.
3. Practical Papers
4. Removal of Doubts and Difficulties:
5. Course Component of B.Com. LL.B Hons’
• First Year -I Semester & II Semester
• Second Year -III Semester & IV Semester
• Third Year- V Semester & VI Semester
• Fourth Year-VII Semester & VIII Semester
• Fifth Year –IX Semester & X Semester
III. Examination Regulations
1. The Internal and External Components
2. Class attendance shall carry a maximum of 5 marks
3. The special instructions for attendance
4. Instructions for Examinations
5. Uniform Span Period System (N+2)
IV. B. Com. LL.B. Hons’ Syllabus
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I. UNDER GRADUATE COURSE OF LAW
1. Under Graduate Courses of Law:
B.Com., LL.B., (Bachelor of Arts and Bachelor of Laws): It shall be Integrated Double
Degree Five Academic Years Course in Arts and Law.
The above five year courses shall be divided into ten semesters.
2. Objectives of Revised Curriculum:
The objectives of revised curriculum of courses of law are: (1) To reorient legal education by
making provision for sufficient opportunity to the students for extensive as well as intensive
study of law. (2) To enable students to acquire knowledge and skills gained from studying
law and to facilitate students to analyse law to apply in practical situations. (3) To equip
students with strong communication skills and to make them responsible to meet the needs of
contemporary requirements of Bar, Bench and Industry in the globalised economic era. (4) To
educate them of diverse backgrounds to become effective, ethical and expert personage who
are employable in a variety of legal settings.
3. Extent and Application
This regulation rules as to course component, curriculum, examination pattern and standard
of passing for B.Com. LL.B. Hons. and will come into force w.e.f. the academic year 2024 -
2025.
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II.COURSE COMPONENT of B.A.LL.B(Hons.)
1. B.Com.LL.B(Hons.) Course : Number of Subjects

The Course shall have the following subjects-
• Inter- Disciplinary - 14
• Core Law Papers - 23
• Ancillary Hon’s Papers - 06
• Clinical Core Papers- 04
• Specialized Hon’s Optional - 08
Total 55
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2. Choosing Hons. Specialized Course in Law Subjects for B.Com.LL.B. Hon’s.

• Choosing Hons. Specialized Course in Law Subjects for B.A./B Com/B B A/B
C A. LL.B. Hon’s. The arrangement of Hons. Specialized Course in law for
B.A./B Com/B B A/B C A. LL.B. Hon’s., courseallows the student to have
specialization, to some extent, in (a) International Law andIntellectual Property
Rights Group, or (b) Constitutional Law and Property LawGroup or (c) Criminal
Law and Forensic Science Group or (d) Industrial andCommercial Law Group by
choosing the optional subjects from the given list in eachsemester from Forth Year
Onwards.
▪ Explanation 1:
A student willing to have specialization in International Law and Intellectual Property
Rights Group can choose optional papers at serial number (a) in each semester from
Fourth year onwards for Five Year Course
A student willing to have specialization in Constitutional Law and Property Law
Group can choose optional papers at serial number (b) in each semester from Fourth
year onwards for Five Year Course
A student willing to have specialization in Criminal Law and Forensic Science Group
can choose optional papers at serial number (c) in each semester from Fourth year
onwards for Five Year Course
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A student willing to have specialization in Industrial and Commercial Law Group can
choose optional papers at serial number (d) in each semester from Fourth year onwards
for Five Year Course
▪ Explanation 2:
This arrangement of optional subjects in law is made to allow the student to have
specialization to some extent in a specified group. It will be mandatory for the student to
choose subjects as given in explanation 1.
• Explanation: 3
University may offer all or any of the groups of specialized Hon’s course at its
discretion and the student has to choose the group at the beginning of the semester.
• Explanation: 4
Students are allowed to choose the optional subjects in the sixth semester of the
programme, the student will be given four preferences in choosing the optional
subjects. The optional subjects are allotted to the respective students on the basis of
their academic performance by aggregating the marks awarded until the fifth
semester. Maximum one fourth of students from each course will be allotted in
respective honours specialized course.
For Example: In a class of 156 students (Comprising of three sections), not more than
39 students will be admitted in each specialized courses.
• Practical Papers
In the final semester, a student has to do two practical papers from the group which
he/she has selected.
▪ Explanation 1:
If the student has selected group (a) International Law and Intellectual Property Law
specialization, the student has to do two practical papers one on International Law and
other one on Intellectual Property Rights in the final semester.
If the student has selected group (b) Constitutional Law and Property Law
specialization, the student has to do two practical papers one on Constitutional Law and
other one on Property Law in the final semester.
If the student has selected group (c) Criminal Law and Forensic Science specialization,
the student has to do two practical papers one on Criminal Law and other one on Law
and Forensic Science in the final semester.
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If the student has selected group (d) Industrial and Commercial Law specialization, the
student has to do two practical papers one on Industrial Law and other one on
Commercial Law in the final semester.
• Components of Practical Papers
The following are the components of the practical papers:
1. Longish Paper (Research Oriented Paper ): 50 marks

2. Case Comment: 15 marks
3. Book Review: 15 marks
4. Viva Voce: 20marks
Total: 100 marks
• Miscellaneous Rules of Eligibility for Admission and Syllabus:
The rules given herein are for the general understanding of the candidates. However, the
admission to SOEL and syllabus shall be subject to the rules made and condition
prescribed, from time to time, by the University, Central Government, State
Government, Bar Council of India, University Grants Commission or any other
authority empowered.
• Removal of Doubts and Difficulties:

Notwithstanding anything stated in the rules herein or any issue hereinabove, for any
unforeseen issues arising, and not covered by the rules herein, or in the extent of
differences of interpretation, the Hon’ble Vice Chancellor of the University may takea
decision and the said decision of the Hon’ble Vice Chancellor shall be binding. (*N.B:
If there is any amendment or repeal or enactment of any law will be
implemented in the next academic year without carrying out any revision of the
syllabus.
• Abbreviations used in Subject Codes:

The abbreviations used in the subject codes in the course component shall
havemeaning as under:
(a) HBA – Inter- disciplinary subject for B.A./B Com/B B A/B C A LL.B HONS.
Course
(b) HLC – Core Law Papers
(c) HLA – Ancillary Hon’s Papers
(d) HCC – Clinical Core Papers
(e) HS – Specialized Honours Course
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B.COM. LL.B. HON’S COURSE
I YEAR
I- Semester
S.No Subject Subjects

Code
1 Legal Language & Literature-English-I
2 Computer Fundamentals and Office Automation
3 Principles of Economics
4 Financial and Corporate Accounting
5 Introduction to Law and Legal Research
6 Value Added Course 1 : Communication Skills
II- Semester

Code
7 Legal Language & Communication-English II
8 Principles of Management & Organizational Behavior
9 Financial Market & Services
10 Law of Torts (Including Motor Vehicles Act & the
Consumer Protection Act)
11 Law of Contracts-I
12 Value Added Course 2 : Soft Skills
13 Value Added Course 3 : Data Analytics using Excel
II YEAR
III Semester

Code
14 Social Problems in India (Social Issues and Social Research
Methods-Removed)
15 Cost and Management Accounting
16 Jurisprudence
17 Law of Contracts II
18 Family Law -I
IV Semester
S.No. Subject Subject
Code
19 Managerial Economics
20 Public Policy, Governance and Law
21 Principle of Marketing
22 Constitutional Law I
23 Family Law-II
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III YEAR
V Semester
S.No. Subject Subjects

Code
24 Financial Management
25 Constitutional Law-II
26 Bharatiya Nyaya Sanhita (Law of Crimes-I)
27 Administrative Law
28 Company Law
28A Elective NCC
VI Semester
S.No. Subject Code Subjects

29 HBM0614 Practical Auditing
30 HLC06 Property Law
31 HLC06 Bharatiya Sakshya Adhiniyam (Law of Evidence)
32 HLCO6 Public International Law
33 HLA0601 Interpretation of Statutes
34 HCC0601 Professional Ethics
IV YEAR
VII Semester :

35 Labour Law I
36 Environmental Law
37 Banking Law
38 Intellectual Property Law
39 a. International Economic Law
b. Comparative Constitutional Law
c. Correctional Process
d. Corporate Securitisation
40 a. International Treaties & Conventions on IP
b. Introduction to Land Laws
c. Criminology
d. International Labour Organisation and Labour
Jurisprudence
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VIII Semester :
41 Labour Law II
42 Competition Law
43 Cyber Law and Information Technology
44 a. International Human Rights Law
b. Human Rights in the Constitutional Law
c. Cyber Crime
d. Insurance Law
45 a. IP on Traditional Knowledge and Genetic Resources
b. Land Laws of Tamil Nadu
c. Forensic Science and Investigation
d. Service Laws
46 Alternative Dispute Resolution Policy

V YEAR
IX Semester
47 Civil Procedure Code and Limitation Act
48 The Bharatiya Nagarik Suraksha Sanhita (Law of Crimes -
II)
49 Maritime Law
50 a. Private International Law
b. Law of Election
c. Victimology
d. International Commercial Arbitration
51 a. Intellectual Property Litigations
b. RERA and Tenancy Law
c. Psychology of Crime
d. Social Security and Unorganised Labour
52 Mock Court and Court Training Programme

X Semester
53 Mediation and Conciliation
54 Law of Taxation
55 Criminal Minor Acts
56 a. Practical Paper
b. Practical Paper
c. Practical Paper
d. Practical Paper
57 a. Practical Paper
b. Practical Paper
c. Practical Paper
d. Practical Paper
58 Drafting, Pleading, Conveyancing and Chamber Visit
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The Course shall have the following subjects: Total 55
• Inter-Disciplinary: 14
• Core Law Papers: 23
o Introduction to Law and Legal Research
o Law of Torts
o Law of Contracts-I
o Jurisprudence
o Law of Contracts-II
o Family Law-I
o Constitutional Law I
o Family Law-II
o Constitutional Law –II
o Bharatiya Nyaya Sanhita (Law of Crimes-I)
o Administrative Law
o Company Law
o Property Law
o Bharatiya Sakshya Adhiniyam (Law of Evidence)
o Public International Law
o Labour Law –I
o Environmental Law
o Labour Law –II
o Civil Procedure Code
o The Bharatiya Nagarik Suraksha Sanhita (Law of Crimes -II)
o Mediation and Conciliation
o Law of Taxation
o Criminal Minor Acts
• Ancillary Hon’s Papers: 06
o Interpretation of Statutes
o Banking Law
o Intellectual Property Law
o Competition Law
o Cyber Law and Information Technology
o Maritime Law
• Clinical Core Papers: 04
o Professional Ethics
o Alternative Dispute Resolution Policy
o Mock Court and Court Training Programme
o Drafting Pleading, Conveyancing and Chamber Visit
• Specialized Hon’s Optional: 08
o International Law and Intellectual Property Law
o Constitutional Law and Property Law
o Criminal Law and Forensic Science
o Industrial and Commercial Law
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III EXAMINATION REGULATIONS
These Regulations are made applicable for students joining Five Year integrated Degree courses
and Three year Degree Courses at the School of Excellence in Law. These regulations cover the
following criteria:
1. Internal and External components will be in the ratio of 30:70.
2. Internal Components: 30 Marks
• Mid Semester - 10 Marks

• Project & Presentation - 7 + 3 = 10 Marks
• Vivavoce - 05 Marks
• Attendance - 05 Marks
External Components: 70 Marks (Question Paper pattern of the End SemesterExam)

Law Papers
• Part A – Essay Type-Answer any 2 out of 3 questions (12 Marks x 2= 24

Marks)
• Part B – Problems- Answer any 2 out of 3 questions (7 Marks x 2 = 14
Marks)
• Part C – Short Notes- Answer any 5 out of 7 (4 Marks x 5 = 20 Marks)
• Part D – Brief Answer – Answer any 2 out of 3 (6 Marks x 2= 12 Marks)
Inter-Disciplinary Studies Papers
• Part A – Essay Type-Answer any 2 out of 3 questions (12 Marks x 2= 24

Marks)
• Part B – Paragraph- Answer any 2 out of 3 questions (7 Marks x 2 = 14 Marks)
• Part C – Short Notes- Answer any 5 out of 7 (4 Marks x 5 = 20 Marks)
• Part D – Brief Answer – Answer any 2 out of 3 (6 Marks x 2= 12 Marks)
• Internal components
• Mid semester test to be conducted after two months of teaching for 10 marks.
• Project assignment for 7 marks, Students shall submit the assignments to the
subject faculty as directed by them within the stipulated time and has to present
the project.
• All students should attend comprehensive Viva-Voce at the end of the semester.
• Every student who has secured a minimum of 50% (15/30) in internals shall be
considered to have passed the internals.
• Students who have not done any of the internal components for any valid reasons
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may be given an additional chance to complete the same during the respective
semester on payment of fine of Rs.400 for the first chance and Rs.750 for the
subsequent chance within the semester as instructed by the Director. The payment
of fine shall be made through challan only.
• All the internal assessment components shall be completed prior to a fortnight

before the commencement of the external examinations. No submission of
assignments shall be entertained after the last date.
• Any student who has not completed the above said internal components will be
allowed to write the external examinations in spite of they have secured the
required attendance. Therefore, the students are advised to successfully complete
the internal components of each subject within the prescribed time as notified by
the Director.
External:
• Every student has to secure a minimum of 75 percent attendance in the concerned
semester for appearing in the external examinations.
• Candidates who have earned attendance between 67% to 75% on valid reasons are
eligible to appear for the examinations provided the lack of attendance is
recommended for condonation by Director, SOEL on payment of the prescribed
fee of RS.2000/- The condonation fee must be paid by challan only. The
condonation fee must be paid on or before the last working day of the concerned
semester failing which the candidate has to pay 200 hundred rupees fine if the
payment is made prior to the commencement of exams after the commencement of
the external examinations the condonation fee will not be accepted and the
candidates whose name found in the condonation list shall redo the semester.
• End semester examinations shall be conducted for 70 marks for each subject.
Students who have secured 35 marks out of 70 shall be considered to be passed in
the external examination.
• A student should secure 50% in both internal as well as external separately to have
to be passed in the concerned paper.
3. Class attendance shall carry a maximum of 5 marks which is as follows:

I. Less than 75% No mark
II. 75% - 79% 1 marks
III. 80% -84% 2 marks
IV. 85% -89% 3 marks
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V. 90% - 94% 4 marks
VI. 95% and above 5 marks
4. The special instructions for attendance is as follows:
• Students representing the university in any of the co-curricular and
extracurricular activities will be provided the attendance make up to maximum of
20 percent of the total number of days based on the request made by the student
concerned and duly signed and certified by the faculty advisor in charge of the co-
curricular and extracurricular Activity before the student(s) concerned along
with the certificate shall reach the director, school of excellence in law without any
delay.
• In Exceptional cases where the students have to represent the university in any co-
curricular or extracurricular activities without the necessary formalities, the same
may be explained in their application for attendance make up within three days of
their return to the university after such activity. The reason for such delay need to
be specified and the same has to be certified by the faculty advisor in charge of
such co-curricular or extracurricular activity and forwarded to the Director of
SOEL without any further delay.
• A student who has been granted medical leave on the submission of medical
certificate by a duly competent authority shall be allowed to appear in the end
semester exams provided he/she has put in a minimum of 67 percent attendances
in each course. Students securing less than 67% on any circumstances shall not be
permitted to appear for the external examinations and they shall redo the
semester.
• In any event, no claims for such attendance make up shall be entertained at the
end of the semester.
• Attendance makeup shall be admissible, shall be subject to prior approval from the
concerned committee in charge for participation in moot courts, seminars,
university exchange programmes, conferences, internships, N.C.C., N.S.S.,
Y.R.C. or any other academic, cultural or sports activities
5. Instructions for Examinations
• Candidates should carefully fill in all the required details in the application form,
including name of the candidate, correct register number, date of birth and
subject codes, failing which their applications are liable to be rejected.
Blind candidates are exempted from payment of examination fees. They should
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enclose copy of medical certificate in evidence of their handicap. However, they
should pay the fee for statement of marks, provisional certificate and convocation.
• The fees once paid, will in not be refunded under any circumstances.
• The fees shall be remitted by way of Bank challan only and not by way of D.D.
• All candidates appearing for the examination should forward their applications,
through the Director, SOEL and the exam applications will not be submitted to the
controller of examinations under any circumstances.
• Candidates should obtain their hall tickets from the Director, SOEL, three days in
advance of the commencement of examination, by producing relevant certificate of
identity.
• Candidates will not be permitted to write the examination without the hall ticket.
• The answers must be legibly written either in blue or black ink.
• Special sketch pens or other pens should not be used for underlining points.
• The candidates should write the correct register number in the space provided in
the first page of the answer book. No other part of the answer book shall contain
the name or register number of the candidate.
• The candidates will not be permitted to enter the examination hall after 30
minutes from the commencement of the examinations. No candidate will be
allowed to leave the examination hall, within the first 30 minutes from the
commencement of the examination.
• Candidates who are intended to write the examination on the particular
day/session are not permitted to be outside the examination hall specifically inside
the campus of the university after the commencement of the examinations.
• Candidates are not permitted to borrow any stationers from any other candidate
during the examination within the examination hall.
• Candidates are required to adhere discipline and rules of the examination within
and outside the examination hall so as to facilitate the other candidates to write the
examination in a peaceful manner.
• Candidates shall not cause any nuisance either to the co examinee or to the
invigilators and they have to adhere the instructions of the hall superintendent.
• The candidates are required to be seated in the examination hall before the
commencement of the examination. After the commencement they have to get the
permission of the hall superintendent and they have to take their respective seat in
the examination hall.
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• The candidates should personally hand over the answer papers to the Hall
superintendent before leaving the hall.
• Electronic gadgets like cellular phone, pager or other instruments for
communication from outside will not be permitted inside the examination hall.
Possession of such instruments will also be treated as malpractice in the
examination hall and will be punished accordingly.
• Candidates are required to hand keep their belongings including their mobile in
their respective cloak rooms and advised to get their token. On return of the token
they can get back their belongings from the cloak rooms.
• If the above instructions are not followed or any other similar wrong/delinquency
is committed, it will be considered as malpractice and penal action will be initiated
against the delinquent student.
• Candidates who have failed any subject are eligible, applying for revaluation,
review and to get their photo copies of their answer books on payment of fees
prescribed for the same.
6. Uniform Span Period System (N+2)
According to the system, the students of the various courses of 5 Year Integrated
Hons’ Degree Programme are permitted to pursue their higher classes and carry
forward their backlog papers and has to clear their papers through the regular
semester by the University.
The students those who joined in the various programmes from the academic year
2019-2020 onwards are eligible to complete their course of study within the normal
period prescribed for such programme without detention.
As per the (N+2) norms, those students who are admitted in the academic year 2019-
2020 onwards in various programme of the UG & PG will be given two additional
years to complete their arrears of papers, if any, after the completion of the
prescribed duration of the study to become eligible for award of degree from the
time of joining in the programme. During such extended period of two years of time
span, such candidates (he/she) ceases to be a regular student of the University.
If a student, he/she fails to clear the arrears of papers in the extended period (two
years) after the normal programme of study shall not be eligible to be qualified for
the degree.
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FIRST YEAR
I-SEMESTER
LEGAL LANGUAGE AND LITERATURE - ENGLISH I
Course Objectives
• To introduce the students to legal literature and thereby expose them to streams of higher
thoughts.
• To introduce great speeches of eminent persons and the art of public speaking.
• To be made aware of the development of English language.
• To strengthen students’ semantic and syntactical competence.
• To enhance knowledge of vocabularies, jargons and dialects of English language.
Module-1- (Prose) (2x 10=20 marks) 15hrs.
Moots and Mock Trial Glanville Williams

Methods of Study Glanville Williams
Of Truth Francis Bacon
The Merchant of Venice (Trial Scene) William Shakespeare-
The Hypotheses of Failure O’ Henry
Module-2 – (Speeches of Eminent Leaders) (2x 7=14 marks) 15hrs.

Gettysburg Address Abraham Lincoln
Maiden Speech in Rajya Sabha Arignar Anna
I have a dream Martin Luther King
The Nobel Prize Acceptance Speech Rabindranath Tagore
Module-3 – (Genesis & Development of English Language) (3x4=12marks) 10hrs.

Indo-European or Indo-Germanic group
Eastern Group & Western Group of language
Phases in the development of English - Old English - Middle English - Modern English
Development of Vocabulary
Etymology – Semantics - Jargon – Dialects – Syntax – Language Register
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Module- 4 – (Strengthening Vocabulary) (1x14=14marks) 10hrs.
Words Often Confused
Idioms and Phrases
One Word Substitution
Prefixes and Suffixes
Module- 5 – Grammar (1x10=10) 10hrs.
Active Voice & Passive Voice
Transformation of Sentence
Direct and Indirect Speech
Question Tag
Degrees of Comparison
Common Errors
**********************************
Textbooks References
• Smith, A.T.H. Glanville Williams- Learning the Law. Sweet and Maxwell Printing Press, 14th
edition. 1945.
• Bacon, Francis, 1561-1626. The Essays or Counsels, Civil and Moral, of Sir Francis Bacon
Lord Verulum Viscount St.
• King, Martin Luther. I Have a Dream. HarperOne, 1991.
• Shakespeare, William, 1564-1616. The Merchant of Venice. Harlow, Essex,
England:Longman, 1994.
• Wood, Frederick T. An outline history of the English language. 2nd
ed. London: Macmillan, 1969. Text.
• Baugh,Albert C.1891-1981and Thomas Cable. A History of the English Language. 6th ed.,
Authorized British ed. Abingdon, Routledge, 2013.
Learning Outcomes
After undergoing this course, students should be able to-
1. Comprehend the basic grammatical structure of English language and its proper usage.
2. Significantly enhance language skills, both spoken and written.
3. Understand the importance of honing advocacy skills and public speaking skills.
***********************
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COMPUTER FUNDAMENTALS AND OFFICE AUTOMATION
Objectives of the course

This course introduces the details about the concepts of Computer fundamentals and MS-
Office. The main objectives of the paper are-
a) Present basics of computing principles and business practices for efficient use of
Management information system and enterprise software.
b) It helps students to work with MS office in effective manner.
c) Students are exposed to information systems and business software.
d) They understand binary, hexadecimal and octal number systems and their arithmetic.
e) How legal protection is done using database related concepts.
COURSE OUTLINE
Module 1: Introduction to Information Technology
1. Computer - Characteristics of Computers - Input, Output, Storage units - CPU – Memory
2. Secondary Storage Devices - Floppy and Hard Disks, Optical Disks CD - ROM, DVD
3. Mass Storage Devices: USB thumb drive. Managing disk Partitions
4. Input Devices - Keyboard, Mouse, joystick, Scanner, web cam
5. Output Devices - Monitors, Printers- Number Systems - Conversion from one number
system to another.
Module II: Operating System

1. Introduction to Functions of Operating System - Types of operating system
2. Microsoft Windows - An overview of different versions of Windows - Basic Windows- -
System tools
3. Disk cleanup - Disk defragmenter - Entertainment, Games, Calculator, Paint, Notepad-
WordPad.
Module III: Word Processing

1. Introduction - Saving, Closing, Opening an existing document
2. Text editing - Selecting text, Editing text- Finding and Replacing text- Applying Bullets
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and Numbers
3. Printing & Formatting - Columns Formatting- Page Break- Adding Borders and Shading -
Inserting Auto shapes and Pictures, Printing Documents-Creating and Printing Merged
Documents, Character and Paragraph Formatting
4. Templates - Handling Graphics- Creating Tables and Charts- Document Protection-
Working in Different Views- Document Templates and Wizards.
Module IV: Spreadsheet Package

1. Introduction- Creating, Saving and Editing a Workbook - Inserting and Deleting Work
Sheets
2. Entering data in a cell - formula Copying and Moving from selected cells - Handling
operators in Formulae
3. Functions-Mathematical, Logical, statistical, text, financial, Date and Time- Use of
Function Wizard
4. Worksheet - Cell formatting – Graphics in Worksheet - Printing worksheets - Charts and
Graphs- Cell data validation -Working in Different Views - Worksheet Protection.
Module V: Presentation Package

1. Presentation - Creating, Opening and Saving Presentations - Creating the Look of Your
Presentation
2. Views - Working in Different Views - Working with Slides
3. Formatting - Adding and Formatting Text - Formatting Paragraphs - Checking Spelling
and Correcting Typing Mistakes
4. Drawing and Working with Objects - Adding Clip Art and other pictures - Designing Slide
Shows, Running and Controlling a Slide Show - Printing Presentations.
Module VI: MS Outlook& Legal Protection for Database
1. MS Outlook - Outlook Environment - Address, Compose and Send Messages
2. Managing Mail - Attach a File - Move or Copy Messages to a Folder
3. Networking -Types of Networking - Introduction to Internet - Webpage and Website
4. Legal protection for database - Search Engine Browsing- Copyright violation on the
internet – Trademark issues in internet
Recommended Readings:
Books:
• Mano M Morris, Digital logic and computer design, ISBN No.
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9789332542525, Edition 1, Perarson Publisher, 2016.
• V. Rajaraman, Fundamentals of computer, ISBN No. 9788120350670,
Edition 2, PHI Learning Publisher, 1985.
• Joan Lambert, Microsoft Word 2019, ISBN No. 9781509305872, Microsoft
Press, US 2019.
• L Thomas Floyd,Digital logic fundamentals ,ISBN-No: 0675084954, Merrill
Publisher, December 2016
• Butterworths, The Law Relating to Computers and the Internet, ISBN No.81-
87162-13-9, Lexis Nexis Publisher, 2000.
Journals:
1. IEEE Xplore, SMPTE Periodical - Digital Electronics Fundamentals for the User: Basic
Logic Gates and Broadcast Applications, Publisher: SMPTE, ISSN: 0036-1682
2. Journal of Operating System Development and Trends, eISSN: 2454–9355
3. Computer Engineering & Information Technology, ISSN : 2324-9307.
4. International journal of Artificial Intelligence, ISSN: 0974-0635, Publisher - Elsevier
5. Communications of the ACM, ISSN: 0001-0782- Publisher – ACM
Further Readings:
Books:
a) T.C.Bartee, Computer Architecture and logic design, ISBN No. 0070039097,
Edition 1, McGraw-Hill Publisher, 1990
b) P. K. Sinha, Computer Fundamentals, ISBN No.-13:9788176567527, BPB
Publications, 2004
c) Joan, Microsoft office 2007, step by step, ISBN No. 978-0735623026, Edition 1,
Microsoft press, 2016.
d) AbrahanSilberschatz, Operating System concepts, ISBN No.978-8126554270.
e) Lawyer’s Deskbook, 2nd Edition, 2018 by Shilling.
f) Rajiv Chopra, Operating System – A Practical App, ISBN No. 8121931649, S.
Chand Publishing, 2009.
g) Karnika Seth, Computers Internet and New Technology Laws, ISBN No.
9788180389030, Lex Cyberia2013
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E – Books
h) Digital Logic Design, course tutorial, training, a PDF book made by A.F. Kana.
i) Microsoft_word.pdf, Website: Microsoft word windows
j) Operating System by Steven Hand
Journals:
a) IEEE Transactions on Computers, 0018-9340 (print) 1557-9956 (web), Publisher – IEEE
Computer Society
b) An Analysis of the CLOUD Act and Implications for India By: Elonnai Hickok and
VipulKharbanda
c) The Computer Journal, 0010-4620 (print), 1460-2067 (web), Publisher – Oxford
University.
d) IEEE Transactions on Computers, LCCN: 75642478, Publisher - IEEE
e) Legal implications of Operating system, Publisher – IEEE Computer Society
E-Learning:
Web Resources
a) https://study.com/academy/lesson/what-is-office-automation-system-tools.htm
b) https://learn.ni.com › teach › resources › teaching-digital-logic-fundamentals

NPTEL Links and Online lectures
a) https://nptel.ac.in/courses/117106086/
b) https://nptel.ac.in/courses/106/106/106106144/
c) https://swayam.gov.in/
Learning Outcomes
After completion of the course students will be able to -
• Understand the principles of Operating system

• Use Word, Excel and PowerPoint in more efficient manner
• Legal protection for Database
Efficient use of MS Outlook and Search Engine
21
PRINCIPLES OF ECONOMICS
Objectives of the Course
The basic objective of this course is to make the students to understand the various advance
economic principles as well as their applications. In addition to that this course also enables
the students to understand sectors specific and their impact in shaping trends in economic
indicators in pursuit of Indian Constitution.
COURSE OUTLINE
Module I Introduction to Economics

10 Hours
a) Meaning – Definitions- Wealth, Welfare and Scarcity Views of Economics

b) Nature and Scope of Economics- Significance of the Study of Economics
c) The Subject Matter of Economics - Difference between Micro and Macro Economics
d) The Methodology of Economics - Deductive Method and Inductive Method
e) A Positive and a Normative Economics.
Module II Demand and Supply Analysis

10 Hours
a) Meaning – Definition- Types- Functions of Demand

b) Factors Affecting Demand- Law of Demand
c) Exceptions to the Law of Demand
d) Elasticity of Demand – Types and Measurement of Elasticity of Demand
e) Factors influencing Elasticity of Demand
f) Meaning and Definition of Supply – Law of Supply- Factors determining Supply.
g) Consumer’s Surplus- Producers Surplus.
Module III Theory of Consumer Behaviour Analysis

10 Hours
a) Meaning – Definition - Concept of Utility
b) Cardinal - Ordinal Utility Approach
c) Law of Diminishing Marginal Utility - Law of Equi-Marginal utility
d) Meaning of Indifference Curve- Approach to Indifference Curve Technique
e) Properties and Uses of Indifference Curve
f) Budget Line and Consumer’s Equilibrium.
30
Module IV Theory of Production and Market Analysis
10 Hours
a) Meaning - Factors of Production

b) Theories of Production: Law of Variable Proportions – Law of Returns to Scale
c) Equal Product Curves – MRTS- Producer’s Equilibrium
d) Internal and External Economies and Diseconomies of Scale of Production.
e) Nature of Market -Structure – Characteristics of Market
f) Price and Output Determination - Perfect Competition, Monopoly, Duopoly
g) Oligopoly -Monopolistic Competition
h) Price Discrimination -Types - Price Policy and Pricing Methods.
Module V Principles – Money and Finance

10 Hours
a) Concepts of Money- Function of Money - Demand for Money

b) Classical Approach: The Keynesian Approach
c) Public Finance- Source of Public Finance
d) Tax and Non-Tax Revenue- Characteristic of Good Tax System- Concept of GST-
Components of GST-Implications of GST
e) Theories of Public Expenditure – Peacock -Wisemen Theory
f) Public Debt- Classification of Public Debt
Module VI Theory of International Trade and Economic Institutions

10 Hours
a) Meaning-Difinition-Scope and Importance of International Economics.
b) Classical Theories-Absolute Advantage (Adam Smith)-Comparative Advantage (David
Ricardo)
c) Modern Theory – Heckscher -Ohlin Model.
d) Foreign Exchange Market (Fixed and Floating) – Tariffs and Quotas – Subsidies and Non-
Tariff Barriers.
e) Role of International Economic Institutions-IMF-WTO-World Bank.
Books:
1. N. Gregory Mankiw (2007), Economics: Principles and Applications, 4th edition, India
edition by South-Western, a part of Cengage Learning, Cengage Learning India Private
Limited, ISBN-13:978-81-315-0577-9 (hereafter Mankiw, 2007, 4e).
2. Karl E. Case and Ray C. Fair (2007), Principles of Economics, 8th edition, Pearson
Education Inc., ISBN 81-317-1587-6.(hereafter Case & Fair, 2007, 8e).
3. Joseph E. Stiglitz and Carl E. Walsh (2006), Economics, International Student Edition, 4th
Edition, W.W. Norton & Company, Inc., New York, ISBN 0-393-92622-
31
2. (hereafterStiglitz& Walsh, 2006, 4e).
4. Ahuja H.L. (1996), Principles of Micro Economics, A New look at Economic Theory,
S.Chand, New Delhi.
5. Jhingan M. L, Macro Economic Theory, 10th Revised edition, 2002, ISBN 81-87125- 01-
2, Vrinda Publication (P) Ltd, New Delhi.
6. Ahuja H.L. (1996), Principles of Macro Economics, A New look at Economic Theory,
S.Chand, New Delhi.
7. Dominick Salvatore and Eugene A. Diulio,(2004), Schaum’s Outlines, Principles of
Economics, Second Edition, TATA McGraw-Hill Publishing Company Limited, New
Delhi.
Journal / Journal Articles:
1. Caplan, B., & Miller, S. (2012). Positive versus normative economics: What's the
connection? Evidence from the "Survey of Americans and Economists on the Economy"
and the "General Social Survey". Public Choice, 150(1/2), 241-261. Retrieved March 31,
2020, from www.jstor.org/stable/41406877
2. Kauder, E. (1965). The Law of Diminishing Utility. In History of Marginal Utility Theory
(pp. 135-142). PRINCETON, NEW JERSEY: Princeton University Press. DOI:10.2307 /j.
ctt 183pkm1.16
3. Barucci, E. (1998). Optimal Investments with Increasing Returns to Scale.
International Economic Review, 39(3), 789-808. doi:10.2307/2527400
4. Turvey, R. (1969). Marginal Cost. The Economic Journal, 79(314), 282-299.
doi:10.2307/2230169
5. Lewis, M., &Widerquist, K. (2001). Marginal Analysis. In Economics for Social Workers:
The Application of Economic Theory to Social Policy and the Human Services (pp. 15-24).
New York: Columbia University Press. doi:10.7312/lewi11686.5
Further Readings:
Books:
1. Stonier and Hague, A Text Book of Economic Theory, (1958), Long Mans Green &Co.,
London.
2. Douglas B. Bernheim and Michael D. Whinston. (2009). Microeconomics, Tata McGraw-
Hill (India).
3. Hal R. Varian (2010). Intermediate Microeconomics: A Modern Approach, W.W. Norton
and Company/Affiliated East-West Press (India), 8th edition.
32
4. Joseph E. Stiglitz and Carl E. Walsh (2007). Economics, W.W. Norton & Company, Inc.,
New York, International Student Edition, 4th edition.
5. Gregory N Mankiw (2007). Economics: Principles and Applications, India edition by
South Western, a part of Cengage Learning, Cengage Learning India Private Limited, 4th
edition.
6. Sundharam KPM, M C Vaish, Principles of Economics-13th Revised Edition, Vikas
Publishing House Pvt Ltd.
7. Tyagi B.P Public Finance 5st Edition, Jai Prakash&co.
8. D.N. Dwivedi, 2000, Managerial Economics, Vikas Publishing House Pvt. Ltd., New
Delhi
9. Baumol, William J., 1995, Economic Theory and Operation Analysis, Prentice Hall of
India Pvt. Ltd., New Delhi.
1. Indian Journal of Economics
2. Economic and Political Weekly (EPW)
3. Kurukshetra and Yojana
4. Southern Economist
5. Indian Journal of Agriculture
6. Armstrong, M., & Vickers, J. (2001). Competitive Price Discrimination. The RAND
Journal of Economics, 32(4), 579-605. Retrieved March 31, 2020, from
www.jstor.org/stable/2696383
7. Frank, C. (1969). Substitution and Price Discrimination. In Production Theory and

Indivisible Commodities. (PSME-3) (pp. 50-63). PRINCETON, NEW JERSEY: Princeton
University Press. doi:10.2307/j.ctt183pr67.7
8. Lavoie, M. (1994). A Post Keynesian Approach to Consumer Choice. Journal of Post
Keynesian Economics, 16(4), 539-562. Retrieved March 31, 2020, from
9. S. Kumarasundaram. (1986). India's Balance of Payment Prospects. Economic and
Political Weekly, 21(8), 335-336. Retrieved March 31, 2020, from
10. Oum, T., Zhang, A., and Zhang, Y. (1993). Inter-firm Rivalry and Firm-specific Price
Elasticities in Deregulated Airline Markets. Journal of Transport Economics and Policy,
27, 171–192.
33
Learning Outcomes:
After completion of the study students will be able to -
• Reliable the application of legal principles in the field of economics in the precise manner, as
a social engineer and uphold the goal of constitution to distribution of income and wealth of
nation to ensure welfare of each individual.
• Give the first-hand information about the market structure how resource allocate various
market situations and enable to change the decision making in accordance with global
scenario.
• Comprehend how to use limited means to present and retain for the future unlimitedwants and
how the law can support and, at times conflict with, the functioning of the market and the
government, the other two important organising forces of an economy.
• Develop an inter-disciplinary approach and enhance the employability of students.
34
FINANCIAL AND CORPORATE ACCOUNTING

The main objectives of the course are to enable the students to learn the principles and
concepts of Accountancy, to prepare Final Accounts for Sole Traders, partnership firm and
joint stock companies and make them to understand the process of liquidation and the concept
of holding company. In overall the students can acquire conceptual knowledge of the
Financial accounting and to provide knowledge about the techniques for preparing accounts in
different business organizations.
COURSE OUTLINE
Module I: Basics of Accounting

a) Meaning, Objectives and Scope of Accounting – Basic Accounting Concepts and Conventions
b) Preparation of Journal, Ledger and Trial Balance.
c) Preparation of Trading, Profit & Loss Account and Balance Sheet
Module II: Hire Purchase System

1. Hire Purchase System – Introduction – Distinction between Hire Purchase Agreement and
Instalment purchase agreement.
2. Terms used in Hire Purchase agreement – Problems relating to Hire Purchase.
3. Law relating to hire purchase System
Module III: Accounting Standards

1. Nature and Objectives of Accounting Standards
2. International Accounting Standards.
3. Difference between IFRS and GAAP
4. Accounting Standards in India.
Module IV: Amalgamation, Absorption and Reconstruction

1. Introduction to Amalgamation, Absorption and Reconstruction – Types of Amalgamation.
2. Purchase Consideration – Accounting Problems relating to Amalgamation, Absorption and
External Reconstruction of a Company – (Inter Company Investments Excluded).
35
Module V: Holding Company Accounts
a) Definition and Meaning of Holding and Subsidiary Company.
b) Holding and Subsidiary Company Accounts – Preparation of Consolidated Balance Sheet with
Minority Interest.
Note: Marks Distribution: Problems 60% and Theory 40%

Books:
1. S. P. Jain and K. L. Narang - Financial Accounting - Kalyani Publishers, New Delhi.
2. S. P. Jain and K. L. Narang - Corporate Accounting - Kalyani Publishers, New Delhi.
3. R.L. Gupta and V. K. Gupta – Advanced accounting – Sultan Chand & Sons, New Delhi.
4. M. C. Shukla, S. Grewal and S. C. Gupta – Advanced Accounts – S. Chand, New Delhi.
5. Arulanandam & Raman - Advanced Accountancy I & II – Himalaya Publishing House, Delhi.
Journals/ Journal Articles:

a. Nwanyanwu, Loveday. (2014). Some Basic Concepts of Accounting: A Critical Appraisal.
Research Journal of Finance and Accounting. 5. 197 - 204.
b. SlaheddineYagoubi, “Accounting Theories, Financialization Process and Neoliberalism”,
Journal of Global Economics, Jul 28, 2014, 2:2, http://www.10.4172/2375-4389.1000116
c. R. AashishJaangda and M. Kannappan, A Study on Compulsory Liquidation of a Company
and its Liability, International Journal of Pure and Applied Mathematics, Volume 119 No.
17 2018, 647-658, ISSN: 1314-3395 (on-line version) url: http://www.acadpubl.eu/hub/
d. Mohammad NaquiburRahman, Organized Retailing in Context with Amalgamation of
Small Firms in Saudi Arabia, International Journal of Economics, Finance and
Management Sciences. Vol. 3, No. 5, 2015, pp. 583-593. DOI:
10.11648/j.ijefm.20150305.30
e. Fadahunsi, O. (1989), "The Holding Company Approach to Public Enterprise
Management in Nigeria", International Journal of Public Sector Management, Vol.2, No.
2. https://doi.org/10.1108/09513558910132756
36
Further Readings:
Books:
a. R.L. Gupta and M. Radhaswamy – Advance Accountancy - Sultan Chand & Sons, New
Delhi.
b. T.S. Reddy and A. Murthy- Financial Accounting - Margham Publications, Chennai.
c. T.S. Reddy and A. Murthy- Corporate Accounting – Margham Publications, Chennai.
d. P. C. Tulsian – Financial Accounting - S Chand, New Delhi.
e. Monga, J.R. Ahuja, Girish and ShehgalAsho - Financial Accounting - Mayur paper Back,
Noida.
f. Mukherjee and Hanif – Modern Accountancy - McGraw-Hill Publishers, New Delhi.
g. RSN. Pillai, Bagavathi S. Uma, “Advanced Accounting”, S. Chand &Co, New Delhi.
h. Mukerjee and Haneef, Advanced Accountancy, Tata McGraw Hill, New Delhi.
i. Arulanandam, “Advanced Accountancy,” Himalaya Publication,Mumbai.
j. S.Manikandan&R.RakeshSankar,” Financial Accounting,” Scitech Publications Pvt
Ltd, Chennai. Volume I & II.
Journals:
a. Asia-Pacific Journal of Accounting & Economics
b. Accounting & Finance
c. The Accounting Review
d. Ibtihaj Ismail Yaqoob and Riyadh Al-Abdullah, “The Role of accounting literature and
professional trainingin enhancing common life-based characteristics held by a forensic
accountant (an empirical investigation)”, International Journal of Accounting and
finance (IJAF), Vol.7, No.1, 2017, https://doi.org/10.1504/IJAF.2017.083930
e. Hendrickson, H. (1980). Journals for Accountants. The Accounting Review, 55(4), 707-
718. Retrieved April 24, 2020, www.jstor.org/stable/245804
f. Gray S.J, Vint H.M (1995),“The Impact of Culture on Accounting Disclosures: Some
International Evidence”, Asia-Pacific Journal of Accounting, Vol: 2, pp: 33-43.
g. Dodds, G. (1993), "Insolvent Liquidation: An Outline", Property Management, Vol. 11 No.
2, pp. 134-140. https://doi.org/10.1108/02637479310026695
h. Cooper D.J, Sherer M. J (1984),“The Value of Corporate Accounting Reports: Arguments
for a Political Economy of Accounting”, Account Organisation Society, Vol 9, pp 207-
232.
i. Shoaib Khan, Y. S. (2012). Capital structure and managerial ownership: Evidence from
37
Pakistan.
j. Davies, Mike & Paterson, Ron & Wilson, Allister. (1997). Leases and hire purchase
contracts. https://doi.org/10.1007/978-1-349-13819-7_17.
Learning Outcomes
a) Become familiar with various accounting concepts and conventions and accounting Standards
b) Understand the steps followed in hire purchase system and its legal complications. c)
Learn the concepts of amalgamation, absorption and reconstruction of the business. d)
Understand as to how to prepare liquidation final statements and holding company accounts.
38
INTRODUCTION TO LAW AND LEGAL RESEARCH
Objectives of the Course:

The subject Introduction to Law and Research as a field of knowledge is essentially taught to the
beginners of law. Contextually, it concentrates on the foundational dimensions of law at an
introductory level. The core areas of dissemination include the role of law in human life and
welfare, definitional elements of law, conceptual insights on legal terminologies and maxims,
classification of law, basic views on legal systems, studying and interpreting legislations,
understanding decisional law and fundamentals of legal research. The course work will be skill
based. In sum, the course work ensures the transformation of a trainee into a student of law in
both the ethical and knowledge dimensions.
Module 1: Introduction to Law, Definition and Classification of Laws

Role of Law in Human Life and Welfare-Definition of Law- Law and Justice, Law and Morality-
Sources of Law-Kinds of Law-Divine Law, Man Made Law, Natural Law-Public and Private
Laws-Constitutional Law, International Law and National Law, Human Rights Law, Personal
Law, Environmental Law-Comparative Law, Law of Evidence, Civil and Criminal Law.
Module 2: Legislation and Legal Reasoning

Defining Legislation-Law making Bodies-Qualities of Drafters-Skills of Interpretation-How to
read Texts and Purposes-Internal and External Aids of Interpretation-General Clauses Act, 1897.
Module 3: Justice and Judicial System

Defining Justice-Understanding Judicial Function-Reading Judgements-Components of
Judgement-Doctrine of Reasoned Decisions-Doctrine of Precedent-Identifying ratio decidendi.
Module 4: Fundamentals of Legal Research

Defining Research and Legal Research-Qualities of Legal Researcher-Doctrinal and Non-
Doctrinal Modes of Research, Significance of Socio-Legal Research-Utilising Law Library.
Module 5: Legal Education and Law Reforms

Salient Reports on Legal Education-Prof. Radhakrishnan Report on Reforms on Higher
Education-Select Reports of the Law Commission of India.
1
Books
Suggested Reading
1. V.C.R.A.C. Crabbe (1993), Legislative Drafting, Cavendish Publishing: United
Kingdom.
2. Subhash C. Kashyap (1994), Our Constitution: An Introduction to India’s Constitution
and Constitutional Law, National Book Trust of India: India.
3. S.K. Verma and M. Afzal Wani (2001), Legal Research and Methodology, New Delhi:
India.
4. N.S.Bindra (2002), The General Clauses Act: Central and States, Lexis Nexis
Butterworths: India.
5. A.B. Kafaltiya (2008), Interpretation of Statutes, Universal Law Publishing: India.
6. Suri Ratnapala (2009), Jurisprudence, Cambridge University Press: United Kingdom.
7. Tushar Kanti Saha (2010), Text Book on Legal Methods, Legal Systems and Research,
Universal Law Publishing, New Delhi: India.
8. P. Ramanatha Aiyar (2014), Concise Law Dictionary, Lexis Nexis: India.
9. Justice D. M. Dharmadhikari (2016), Human Values & Human Rights, Universal Law
Publishing: India.
Further Reading
1. Upendra Baxi (1982), The Crisis of the Indian Legal System-Alternatives in
Development: Law, Vikas Publishing House Pvt. Ltd.: India.
2. P.M. Bakshi (1993), Legal Interpretation: Ancient and Modern, The Indian Law Institute:
India.
3. A.G. Noorani (2011), Challenges to Civil Rights Guarantees in India, South Asia Human
Rights Documentation Centre, Oxford University Press: India.
4. C.G. Weeramantry (2004), Universalising International Law, Martinus Nijhoff: Leiden.
Articles
1. J.K. Bhavnani (1962), Legal Education in India, Journal of the Indian Law Institute, Vol.
No.4, PP. 167-190.
2. V.S. Deshpande (1969), Extrinsic Aid in the Construction of Statutes, Journal of the
Indian Law Institute, Vol. No.11, Issue No. 2, PP. 123-158.
3. Rahmatullah Khan and Sushil Kumar (1975), Comparative Law Research in India,
Journal of the Indian Law Institute, Vol. No. 12, PP. 505-510.
4. Upendra Baxi (1975), Socio-Legal Research in India: A Programschrift, Indian Council
of Social Science Research: New Delhi, occasional monograph No.12.
5. D.N. Saraf (1982), Relevance and Utility of Empirical Research in Law, Journal of the
Indian Law Institute, Vol. No. 24 Issue No. 2&3, PP. 611-634.
2
6. Rajeev Dhavan (1994), Law As Struggle: Public Interest Law in India, Journal of the
Indian Law Institute, Vol. No. 36, Issue No.3, PP. 302-338.
7. S.P. Sathe (2001), Judicial Activism: Indian Experience, Washington University Journal
of Law & Policy, Vol. No. 6, PP. 29-109.
8. Justice D.M. Dharmadhikari (2002), Nature of Judicial Process, Vol. No. 6, Issue No. 1,
Supreme Court Cases.
9. Upendra Baxi (2007), The Rule of Law in India, SUR-International Journal of Human
Rights, Vol. No. 6, Issue No.4, PP. 7-25.
10. V.G. Hegde (2010), Indian Courts and International Law, Leiden Journal of International
Law, Vol. No. 23, Issue No.1, PP. 53-77.
11. Yashomati Ghosh (2017), Indian Judiciary: An Analysis of the Cyclic Syndrome of
Delay, Arrears and Pendency, Asian Journal of Legal Education, Vol. No. 5, Issue No.1,
PP. 21-39.
12. Philip Sales (2019), Legislative Intention, Interpretation, and the Principle of Legality,
Statute Law Review, Vol. No. 40, Issue No. 1, PP.53-63.
Research Oriented Judgments
1. Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548.
2. Maneka Gandhi v. Union of India, AIR 1978 SC 597.
3. Bandua Mukti Morcha v. Union of India, AIR 1984 SC 802.
4. U.P. Bhoodan Yagna Samiti v. Braj Kishore & Others, AIR 1988 SC 2239.
5. Paramanand Katara v. Union of India, AIR 1989 SC 2039.
6. State of Karnataka v. Appa Balu Ingale and Others, AIR 1993 SC 1126.
7. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
8. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446.
9. Bobby Art International, Etc. v. Om Pal Singh Hoon & Others, AIR 1996 SC 1846.
10. Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
11. M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699.
12. Samatha v. State of Andhra Pradesh, AIR 1997 SC 3297.
13. Gaurav Jain v. Union of India, AIR 1997 SC 3021.
14. M/s. Spring Meadows Hospital v. Hajrol Ahluwalia, AIR 1998 SC 1801.
15. Apparel Export Promotion Council v. A.K. Chopra, AIR 1999 SC 625.
16. Mr. ‘X’ v. Hospital ‘Z’, AIR 1999 SC 495.
17. Chairman, Railway Board v. Chandrima Das, AIR 2000 SC 988.
18. Murali S. Deora v. Union of India, AIR 2002 SC 40.
19. Rupa Ashok Hurra v. Ashok Hurra & Another, AIR 2002 SC 1771.
20. In Re: Networking of Rivers (2012) 4 SCC 51.
3
Select Reports of the Law Commission of India
1. Report No. 183 (2002) on “A Continuum on the General Clauses Act, 1897 with Special
Reference to the Admissibility and Codification of External Aids to Interpretation of
Statutes”.
2. Report No. 187 (2003) on “Mode of Execution of Death Sentence and Incidental Matters”.
3. Report No. 196 (2006) on “Medical Treatment to Terminally Ill Patients (Protection of
Patients and Medical Practitioners)”.
4. Report No. 201 (2006) on “Emergency Medical Care to Victims of Accidents and during
Emergency Medical Condition and Women under Labour”.
5. Report No. 210 (2008) on “Humanization and Decriminalization of Attempt to Suicide”.
6. Report No. 221 (2009) on “Need for Speedy Justice-Some Suggestions”.
7. Report No. 222 (2009) on “Need for Justice-dispensation through ADR etc”.
8. Report No. 223 (2009) on “Need for Ameliorating the lot of the Have-nots-Supreme
Court’s Judgments”.
9. Report No. 234 (2009) on “Legal Reforms to Combat Road Accidents”.
10. Report No. 255 (2015) on “Electoral Reforms”.
Learning Outcomes
1. To get introduced to the conception of law and its relevance to human life.
2. To understand the classification of laws to resolve the identity crisis.
3. To systematically work on the skills of using general and legal language.
4. To imbibe analytical skills of enquiry and legal reasoning.
5. To be aware of the notion of legisprudence and its intersectionality with social problems.
6. To learn the skills of statutory interpretation and realise the impact of the schools of
textualism and purposivism.
7. To examine the role of the courts of justice in the legal system, by basically learning the
parts of judgement, judicial reasoning, identifying the ratio and judicial behaviour.
8. To develop understanding in the reforms in legal education, especially in the post-
independence era.
9. To be a student of research by learning the fundamentals of legal research and also
observing the patterns of socio-legal research.
10. To expose oneself to the legal reforms movement institutionalised by the Law
Commission of India.
11. To equip the knowledge of this course work and apply the skills in the future course
works.
12. To systematically evolve as a legal mind, to earn intellectual self-respect and contribute
in the profession.
4
Value Added Course - I
Communication Skills
Course Objectives:
• To develop skill to communicate clearly.
• To learn active listening and responding skills.
MODULE- I: Spoken English 6hrs.
i.) Phonemes / Speech Sounds – Received Pronunciation [R.P], Vowels, Diphthongs and
Consonants – Transcription of words into phonetic script.
ii.) Reading Skills – Stress And Intonation Falling Tone And Rising Tone.
MODULE – II: Language Acquisition 6hrs.

i.) Four skills of Language Learning – Listening – Understanding Spoken Language and
Speaking – Reading Skills – Writing Skills
ii.) Stages of Languages Acquisition Laws of Language Learning – Factors Influencing
Results in Language Learning
iii.) Place of Mother Tongue in India.
MODULE – III: Communication Skills 6hrs.

Definition – Methods - Types – Principles of Effective Communication – Barriers to
communication – Relevance and importance of communication.
Module-IV: 6hrs.
i. Verbal and Non-Verbal Communication – Outline & Significance.
ii. Figures of Speech - Simile – Metaphor – Hyperbole - Allegory – Personification –
Metonymy – Synecdoche – Euphemism – Climax – Bathos – Epigram – Pun –Irony.
iii. Public Speaking: Skills, Methods, Strategies and Essential tips for effective public speaking.
MODULE – V: E-Communication 6hrs.
i.) Modern forms of Communication – Fax – E-Mail – Video Conferencing – Internet –

Website.
ii.) Writing Skills – Report Writing – Meeting Agendas - Minutes of meetings –
Memorandum – Office Order – Circular – Notes.
5
Reference Books:
➢ HAIGH RUPERT. Legal English, Second edition published by Rout ledge-Cavendish,
London and New York.2009.
➢ English and Soft Skills–S.P.Dhanavel, Orient Black swan India, 2010
➢ E Handouts of Renssalaer Polytechnic, USA.[necessary permission has to be obtained by the
course instructor for classroom use] www.rpi.edu
➢ Gupta, Ruby and Anugrah Rohini Lall. Basic Technical Communication. Cambridge
University Press, 2009.
➢ Hoover, Hardy. Essentials for the Scientific and Technical Writer.1970;
➢ Rpt.New York: Dover Publications, Inc.,1980
➢ Kirkman, John. Good Style for Scientific and Engineering Writing. London: Pitman
Publishing Ltd., 1980.
Marks Pattern for Value Added Course/ Communication Skills:

50 Marks:
1. Project: - 15 marks
a. Submission -10 marks
b. Presentation -5 marks
2. Expression Skills: - 20 marks
a. Self-Introduction -5 marks
b. Listening & Communicating -5 marks
c. Reading skills -5 marks
d. Viva-Voce -5 marks
3. Written Test - 10 marks
4. Attendance - 5 marks
Total -50 marks
Course Outcomes: On completion of the course, learner will be able to:

1. Apply the conceptual understanding of communication into everyday practice.
2. Apply business etiquette skills effectively law students requires.
6
FIRST YEAR
II-SEMESTER
LEGAL LANGUAGE AND COMMUNICATION – ENGLISH II
Course Objectives
• To acquaint the students to court procedure from literary writings.
• To become aware of the thought process of eminent persons through their writing and
speeches.
• To familiarize the students with legal terms and legal maxims.
• To develop logical reasoning and thinking.
Module-I- (Prose-Legal Writing) (2x 10=20 marks) 15hrs.
Divisions of Law - Glanville Williams

The Due Process of Law - Lord Denning
Cross Examination of Pigott before the Parnell Commission – Sir Charles Russel
Interpretation of Statues – Glanville Williams
In the Court – Anton Chekhov
Module-II- (Eminent Speeches & Writings) (2x 7=14 marks) 15hrs.

The Five Functions of the Lawyer - Arthur T. Vanderbilt
A Plea for the Severest Penalty upon His Conviction for Sedition – M.K. Gandhi
Of Friendship - Francis Bacon
Law is a Jealous Mistress – A Popular Fallacy – Joseph W. Plank
Advice to a Young Man Interested in going into Law – Felix Frankfurter
MODULE – III: Logical Reasoning (1x6=6 marks)10hrs.

i.) General principles of Logic
ii.) Deductive Logic and Inductive logic
iii.) Proposition - Kinds and Types of proposition.
iv.) Four-fold classification of proposition.
v.) Syllogism –Structure and Rules of Syllogism.
vi.) Fallacies - Distribution of Terms and importance of Middle term.
MODULE – IV: Legal Language usage (20 marks) 10hrs.
7
Legal Terms (Appendix – I) (10 marks)
Legal Maxims (Appendix – II) (10 marks)
Module-V: (10 marks) 10hrs.

Essay on General Topic (5 marks)
Letter Writing (5marks)
Textbook References:
1. Rajendra Pal and J. S. Korlahalli -Essentials of Business Communication.
Sterling publication. 1971. Print.
2. Williams, Glanville. Learning the Law. Sweet and Maxwell Printing Press,
2006. 14th edition. Print.
3. Bhatnagar. R. G. Law and Language. Trinity Press Private Limited, 2012.
Print.
4. Dennings, Lord. Due Process of Law. London: Butterworths: Lexis Nexis,
2004. Print.
Course Outcomes: On completion of the course, students will be able to:

1. Understand working of the court system.
2. Strengthen legal narrative techniques.
3. Strengthen expression skills and advocacy skills.
4. Enhance logical reasoning skills.
8
PRINCIPLES OF MANAGEMENT AND ORGANIZATIONAL
BEHAVIOR

In this course, the students will learn to recognize the characteristics of proper management by identifying what
successful managers do and how they do it. Understand how manager’s work is just as beneficial for the
subordinate employee as it is for the manager. This course is designed to teach the fundamentals of
management as they are practiced today. This course will illustrate how management evolves as firms grow in
size. It is based upon the idea that the essential purpose of a business is to produce products and services in
order to meet the needs and wants of the marketplace. In this course, the students will explore the tasks that
today's managers perform and delve into the key knowledge areas that managers need to master in order to run
successful and profitable businesses.
COURSE OUTLINE
Module I: Introduction to Management
• Introduction to Management - Primary Functions of Management
• Types of Managers - Management Roles
• History of Management - Scientific Management - Bureaucratic Management - Humanistic
Management
• Current Developments in Management Practices
• The Planning Cycle - Types of Plans and Common Planning Tools
• Introduction to Strategic Management - Organizational Strategic Planning - Stages and Types
of Strategy - How Environment Affects Strategy
Module II: Decision Making

9. Introduction to Making Decisions in Different Organizations
10. The Decision Making Process - Rational Decision Making vs. Other Types of Decision
Making - Evidence-Based Decision Making
11. Using a Decision Tree - Group Decision Making
12. Introduction to Data and Managerialism in Decision Making
13. Using Data to Make a Decision - Big Data in Decision Making - Decision Making Tools
Module III: Organizational Structure

a) Introduction to Organizational Structures
b) Modern Organizational Design - Factors Impacting Organizational Design
9
c) Current Trends in Organization and Job Design –
d) Introduction to Choosing an Organizational Structure - Organic versus Mechanistic Models
e) Factors of an Organizational Structure - Organizational Structure and Success
Module IV: Control in the Workplace

a) Introduction to Control in the Business Setting
b) The Control Process
c) Levels and Types of Control
d) The Need for a Balanced Scorecard
e) Financial and Nonfinancial Controls
Module V: Introduction to Organizational Behavior

a) Definition of Organizational Behavior - Three Levels of Influence
b) Contemporary Issues - Telecommuting - Green Business Practices - Outsourcing - Workforce
Generations
c) Introduction to Personality and Behavior in the Workplace
d) Personality Traits - Personality and Behavior - Situational Influences on Personality
e) Introduction to Workplace Influence on Individuality - Individuality vs Conformity -
Individualized Management
f) Technology and Organizational Behavior
Module VI: Group Dynamics
a) Introduction to Group Dynamics - Types of Groups - Group Development - Group Structure -

Group vs. Individuals
b) Groups vs. Teams - Types of Teams - Creating Effective Teams - Team Players
c) Introduction to Theories of Group and Teamwork - Early Management Theories - Modern
Management Theories - Managing Teams Today
Module VII: Organizational Culture and Motivation in the Workplace
a) What is Organizational Culture? - Levels of Organizational Culture - External Factors of

Organizational Culture - Internal Factors of Organizational Culture - Developing and
Maintaining Culture - Workplace Design
b) Introduction to Motivation in Organizational Behavior - What is Motivation? - Individual
Components of Motivation - Work Components of Motivation - Organizational Components
of Motivation - Theories of Motivation - The Hawthorne Effect - Need-Based Theories -
McGregor’s Theory X and Theory Y - Herzberg's Two-Factor Theory –
c) Introduction to Motivation in the Workplace - Managerial Responses to Motivation -
10
Motivation in Different Cultures - Motivation in the Workplace
Module VIII: Conflict and Negotiation
a) Introduction to Conflict Management – Meaning of Conflict - Types of Conflict - The

Conflict Process - Conflict Management Styles - Sources of Conflict in an Organization -
Conflict Management
b) Introduction to Negotiation - Negotiation vs. Conflict Management - Stages of Negotiation -
Types of Negotiating Strategies - Issues in Negotiation - Third-Party Negotiations.
Books:
1. Prasad, L. M.(2019). Principles and Practice of Management. New Delhi: Sultan Chand and
Sons.
2. Drucker, P. F. (1991). The Practice of Management. Ahamadabad: Allied Publishers.
3. Tripathi, P. C., and Reddy, P. N. (2017). Principles of Mnagement. New Delhi: Tata McGraw
- Hill. 6th Edition
4. Nair, S. R. (2008). Organizational Behaviour . New Delhi: Himalaya Publishing House.
5. Prasad, L.M. (2007). Organizational Behaviour. New Delhi: S. Chand & Company.
Journals/Journal Articles:
1. Newburry, W., Deephouse, D. L., &Gardberg, N. A. (2019). Global Aspects of Reputation
and Strategic Management', Global Aspects of Reputation and Strategic Management
(Research in Global Strategic Management, Volume 18).
2. Bonacchi, M., Marra, A., &Zarowin, P. (2019). Organizational structure and earnings quality
of private and public firms. Review of Accounting Studies, 24(3), 1066-1113.
3. Henri, J. F., &Wouters, M. J. (2017). Coexistence of management control practices and
successful product innovation.
4. Hough, L., &Dilchert, S. (2017). Personality: Its measurement and validity for employee
selection. In Handbook of employee selection (pp. 298-325). Routledge.
5. Kundu, S. C., Mehra, L., &Mor, A. (2017). Effect of Diversity Management on Employees
Intention to Quit: Mediating Role of Employee Motivation. Journal of Strategic Human
Resource Management, 6(3), 17.
Further Readings:
Books:
1. Morden, T. (2017). Principles of management. Routledge.
2. Rothaermel, F. T. (2016). Strategic management: concepts (Vol. 2). McGraw-Hill Education.
3. Berry, A. J., Broadbent, J., &Otley, D. T. (Eds.). (2016). Management control: theories,
issues and practices. Macmillan International Higher Education.
4. Wallensteen, P. (2018). Understanding conflict resolution. SAGE Publications Limited.
5. Barry, N. (2016). Business ethics. Springer.
11
1. Weichhart, G., Molina, A., Chen, D., Whitman, L. E., &Vernadat, F. (2016). Challenges and
current developments for sensing, smart and sustainable enterprise systems. Computers in
Industry, 79, 34-46.
2. Strobl, A., Niedermair, J., Matzler, K., &Mussner, T. (2019). Triggering subordinate
innovation behavior: the influence of leaders’dark personality traits and level 5 leadership
behavior. International Journal of Innovation Management, 23(05), 1950045.
3. Cascio, W. F., &Montealegre, R. (2016). How technology is changing work and
organizations. Annual Review of Organizational Psychology and Organizational Behavior, 3,
349-375.
4. Klonek, F. E., Quera, V., Burba, M., &Kauffeld, S. (2016). Group interactions and time:
Using sequential analysis to study group dynamics in project meetings. Group Dynamics:
Theory, Research, and Practice, 20(3), 209.
5. Klug, M., &Bagrow, J. P. (2016). Understanding the group dynamics and success of
teams. Royal Society open science, 3(4), 160007.
6. Arditi, D., Nayak, S., &Damci, A. (2017). Effect of organizational culture on delay in
construction. International Journal of Project Management, 35(2), 136-147.
7. Sekhar, C., Patwardhan, M., & Singh, R. K. (2016). Prioritising the dimensions of employee
motivation using analytic hierarchy process. International journal of business and emerging
markets, 8(1), 49-66.
8. Van Gramberg, B., Teicher, J., Bamber, G. J., & Cooper, B. (2017). A changing world of
workplace conflict resolution and employee voice: An Australian perspective.
Learning Outcomes
After completion of this course, the students will be able to -

• Describe the primary functions of management and the roles of managers.
• Identify common organizational structures, discuss organizational culture, and benefits of
diversity.
• Recognize the importance of employee motivation and how to promote it and explain group
and team dynamics within organizations.
• Describe the methods of encouraging ethical behavior and the laws encouraging good
corporate practices and the methods and need for control within an organization.
12
FINANCIAL MARKETS AND SERVICES
The main objectives of the course are to impart the students with basic knowledge
about the Indian financial system, concepts and to make them familiar with the functioning of
stock market and various types of financial services in India. This subject will provide a
better way to understand the concepts of Leasing, Factoring and Merchant Banking services.
COURSE OUTLINE
Module I: Introduction of Financial Services

a.)Financial Services – Meaning – Importance – functions of Financial System –
Financial Services and Economic Development.
b) Financial Instruments – Financial Services Sector – Problems – Challenges – Reforms.
c)Financial Markets and Capital Markets in India – SEBI -Functions of SEBI.
Module II: Types of Markets

a) Capital Market – Importance – types – Primary Market – Features – Players in the
Primary Market – Method of Floating New Issues.
b) Secondary Market – Meaning – Origin and growth of Secondary Market – Purpose and
features – Functions – Major Players in Secondary Market.
c) Primary Vs Secondary market – NSE – BSE – Trading mechanism in NSE & BSE.
Module III: Money Market

a) Money market – meaning – definition – objectives – characteristics and importance
of money markets.
b) composition of various money markets – call money market – commercial bill market –
treasury bill market – acceptance markets – discount market – bill markets in India –
Development of Money markets in India.
Module IV: Mutual Funds

a) Meaning – Concept of Mutual Funds – Objectives and Importance of Mutual Funds
b) legal structure of mutual funds in India - Kinds of Mutual Funds – Open-Ended and
Closed-Ended Mutual Fund Schemes – Advantages and Disadvantages of Mutual Funds.
13
Module V: Leasing and Factoring
a) Meaning of Leasing and Financing – Different types of Lease – Legal aspects of lease
agreement – Merits and Demerits of Leasing –
b) Meaning of Factoring – Types of Factoring – Domestic and International Factoring –
Legal Aspects of Factoring.
Module VI: Merchant Banking and Venture Capital

a) Definition, Meaning, Origin and Scope of Merchant Banking – Services and importance
of merchant banking
b) functions of merchant banking - SEBI Guidelines on merchant banking
c) Venture Capital – Meaning – Functions and importance of venture capital – SEBI
guidelines on venture capital.
Books:
1. Varsheny.P.N, Indian Financial System, Sultan Chand & Sons, New Delhi.
2. Srivastra R.M., Management of Indian Financial Institution, Himalaya Publication
House, Mumbai.
3. Gardon. E and Natarajan. K, Financial Markets and Services, Himalaya Publishing
House, New Delhi.
4. S. Gurusamy, Financial Services for UG Students, Vijay Nicole Imprints Pvt Lt., 2018.
5. S. Gurusamy, Merchant Banking for UG Students, Vijay Nicole Imprints Pvt Lt., 2018.
Journals / Journal Articles:

1. "Financial Services: Getting the Goods". IMF. 28 March 2012. Retrieved 8 September2015.
2. "Access to a financial account or services". Our World in Data. Retrieved 15 February2020.
3. "Bill Summary & Status 106th Congress (1999 - 2000) S.900 CRS Summary - Thomas (Library
of Congress)". Retrieved 2011-02-08.
4. Roberts, Richard (2008). The City: A Guide to London's Global Financial Centre. Economist.
p. 2.
5. Prudential: Securities Processing Primer" (PDF). cm1.prusec.com. Archived from the
original (PDF) on 2007-03-16. Retrieved 2010-12-05.
14
Further Readings:
Books:
1) R.S.N. Pillai and Bagavathi, Modern Marketing, Sultan Chand & Sons, New Delhi.
2) S. Gurusamy - Financial services – Vijay Nicole Imprints limited, Chennai.
3) Investment Banking –PratapGiri.S., Tata McGraw Hill Education, New Delhi
4) Merchant Banking & Financial Services - Dr. S. Guruswamy- Tata McGraw Hill
Education, New Delhi
5) Merchant Banking & Financial Services - S.B.Kulkarni&M.Govindaraj –
NiraliPrakashan, Pune.
6) Financial services by E.Dharmaraj – S.Chand& Co., New Delhi
7) Financial Services by S.Mohan and R.Elangovan – Deep and Deep Publications,
New Delhi
8) Lease Financing and Hire Purchase by Vinod Kothari – Wadhaw and Co., Nagpur.
9) Financial Market and Investment Management – Prof.V.P.Agarwal – SahityaBhawan
Publications – UP state
10) Financial Markets and Services - B.S.Raman-Chethana Book House – Karnataka state
Journals:
1. Journal of Financial Markets
2. Recent Journal of Financial Markets
3. International Journal Financial Markets and Derivatives.
4. "Price comparison sites face probe". BBC News. 2008-01-22. Retrieved 2009-02-06.
5. Clark, David (2003). Urban world/global city. Routledge. pp. 174–
176. ISBN 0415320976; Shubik, Martin (1999). The theory of money and financial
institutions. MIT Press. p. 8. ISBN 0262693119.
6. Roberts, Richard (2008). The City: A Guide to London's Global Financial Centre. Economist.
pp. 1–22.
7. "UK's financial services trade surplus biggest in the world, dwarfing its nearest rivals". The City
UK. 3 July 2014. Retrieved 5 June 2015.
8. "Special report on services exports" (PDF). EY Item Club. June 2014. Retrieved, 8th
September 2015.
9. Ruppel, Warren. (2020). ACCOUNTING FOR LEASES. 10.1002/9781119596110.ch19.
10. Lekpek, Ahmedin. (2016). Venture capital and obstacles to the venture capital
investments. Ekonomskipogledi. 18. 37-51. 10.5937/EkoPog1604037L.
15
Learning Outcomes
a) Understand the Indian financial system and its role in economic development
b) Learn the functioning of the capital market and its importance
c) Understand the various financial services and its importance.
d) Familiar with the functioning of stock market.
16
LAW OF TORTS
(Including Motor Vehicles Act and Consumer Protection Act)
Law is growing and developing, adapting itself to the changing needs- social, economic, and
so on. “Law of torts is no exception to this phenomenon. the courts, vested with jurisdiction
to interpret and declare" what the law is", have been discharging their obligation, bringing
the consistent with the changing global developments. In so doing, they have been rendering
important and landmark judgements. In civil litigation, contract and tort claims are by far the
most numerous. The law attempts to adjust for harms done by awarding damages to a
successful plaintiff who demonstrates that the defendant was the cause of the plaintiff’s
losses. Torts can be intentional torts, negligent torts, or strict liability torts. Employers must
be aware that in many circumstances, their employees may create liability in tort. This
subject explains the different kind of torts, as well as available defences to tort claims in
various parameters.
After undergoing the study the student will be able to understand the following:
• Understand the sources and policy objectives of tort law.
• Identifying and analyzing the elements of various substantive torts and related
privileges/defenses.
• To resolving torts cases including the role of Judge, Burden of Proof issues.
• To spot tort issues in everyday conduct.
COURSE OUTLINE
MODULE I:The Nature of a Tort
a) Evolution of Tort Law-Nature, Definition and Scope of Torts

b) Foundation of Tortious Liability- Essential of Torts- Wrongful act, Legal damage and
Remedy – Injuria Sine Damno and Damnum Sine Injuria – Ubi jus ibi remedium
c) Distinction between Tort and Crime - Tort and Contract
d) Relevance of intention, motive and malice in law of torts
e) Parties- Capacity to Sue and be Sued -Joint and Several Tort-feasors- Malfeasance,
Misfeasance, Nonfeasance
MODULE II: Defences under Tort

a) Specific Defences and General Defences
b) Volenti non fit injuria- Act of God (Vis major)
c) Inevitable Accident- Necessity
d) Private Defense- Novus Actus Interveniens
e) Statutory Authority- Judicial and Quasi-judicial Authority- Parental and Quasi-
parental Authority.
17
MODULE III: Liability under Tort
a) Strict Liability
b) Absolute Liability
c) Vicarious Liability- Vicarious Liability of State
d) Liability for Dangerous Premises- Liability for Dangerous Chattels
e) Liability for Animals- Liability for Misstatements
MODULE IV: Nuisance -Negligence - Trespass

a) Essentials to constitute Nuisance- who may sue ?- who may be sues?
b) Classification of Nuisance- Defences in Nuisance.
c) Essentials of Negligence- Theories of Negligence- Medical and Professional
Negligence
d) Contributory Negligence- Composite Negligence- Proof of Negligence- Res ipsa
loquitor
e) Trespass- Trespass to Land- Trespass to Person- Trespass to Goods- Nervous Shock
MODULE V: Defamation- Maliciuos Prosecution - Remedies - Discharge of Torts

a) Essentials of Defamation- Kinds of Defamation- Rules to test a Defamatory
Statement- Defences for an action of Defamation
b) Malicious Prosecution- Distinction between false Imprisonment and Malicious
Prosecution- Damages for Malicious Prosecution
c) Remedies- Kinds of Remedies-Judicial Remedies f Torts-Damage- kinds of damage-
Remoteness of Damages- test of Remoteness of Damages- Rules relating to
Remoteness of Damages
d) Injunction – kinds of Injunction- Specific Restitution– Constitutional Remedies-
Extra-judicial Remedies- Self-help- Expulsion of trespasser- Re-entry on Land – Re
caption of Goods – Distress damage feasant – Abatement
e) Discharge of Torts- Waiver- Accord and Satisfaction- Release- Acquieesence-
Judgment Recovered and Res Judicata- Statutes of Limitation- Death
MODULE VI: Motor Vehicles Act - Consumer Protection Act

f) Motor Vehicles Act- Types of Accident, At road intersections, collision, involving
children, excessive speed, in floods, pedestrian, Running over cyclist and Hit and run
case
g) Compensation and Right to Just Compensation- Claims and Claim Tribunal –
Composition, Powers, Procedure and appeal against its orders - Liability
h) Insurance company, Third Party, Vicarious Liability Fault and no Fault liability, Right
to fixed compensation.
i) Consumer Protection Act- Concept and definition of Consumer and Service- Unfair
trade practices- Supply of essential commodities and services- Enforcement of
consumer rights
j) Consumer protection redressal agencies-District forum- State commission- National
commission- Working of consumer protection law-Deficiency in service
18
Recommended Reading
Books
6. Ramaswamy Iyer's The Law Of Torts, A Lakshminath , M Sridhar , LexisNexis India
(2010)
7. Philosophy and the Law of Torts, Gerald J. Postema, Cambridge University Press,
2002
8. Gandhi, B.M., Law of Tort, 4th Edition, Reprinted 2019, Eastern Book Company.
9. Pillai, P.S.A., Law of Torts, 9 th Ed., Eastern Book Co., Lucknow (2017).
10. Salmond, Law of Torts, 17th Ed., (Rev. by R.F.V. Henston) London, Sweet and
Maxwell (1979).
Journals/ Articles
4. Philosophical Issues in Tort Law, John Oberdiek, Volume3, Issue 4, July 2008, Pages
734-748
5. Toward a Test for Strict Liability in Torts, Guido Calabresi and Jon T. Hirschoff, The
Yale Law Journal, Vol. 81, No. 6 (May, 1972), pp. 1055-1085
6. Some Thoughts on Risk Distribution and the Law of Torts, Guido Calabresi, The Yale
Law Journal, Vol. 70, No. 4 (Mar., 1961), pp. 499-553
7. Principles of Torts, Harvard Law Review, vol. 56 Harv. L. Rev. 72 (1942-1943),
Heinonline,
8. A Critique of Torts, Richard. L. Abel ,vol 37 UCLA L. Rev. 785 (1989-1990),
Heinonline,
Further Reading
Books
5. Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, 8th ed,
2017)
6. Carolyn Sappideen and Prue Vines (eds), Fleming's The Law of Torts (Lawbook Co,
12th ed, 2016);
7. Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, 8th ed, 2017);
8. Kit Barker et al, The Law of Torts in Australia (Oxford, 5th ed, 2012);
9. RP Balkin and JLR Davis, Law of Torts (LexisNexis Butterworths, 5th ed, 2013);
10. Horsey, K. & Rackley, E. Tort Law. (Oxford University Press, 2019).
11. Ratan Lal and Dhirajlal, The Law of Torts, 25th Ed., Wadhwa and Co. Nagpur, 2017.
12. Singh, S.P, Law of Tort, Fourth Edition, Universal Law Publishing Co. Reprint 2018
13. Chakraborty, C., Law of Consumer Protection, New Delhi, Dwivedi Law Agency
(2007).
14. Lunney, M. and Oliphant, K. (2013) Tort law: text and materials. Fifth edition.
Oxford, United Kingdom: Oxford University Press.
19
Journal/ Articles
5. The Enterprise Liability Theory of Torts, Howard C. Klemme, Vol 47 U. Colo. L.
Rev. 153 (1975-1976), Heinonline.
6. Conditional Fault in the Law of Torts, Robert E. Keeton, Harvard Law Review, Vol.
72, No. 3 (Jan., 1959), pp. 401-444
7. Causation, Valuation, and Chance in Personal Injury Torts Involving Preexisting
Conditions and Future Consequences, Joseph H. King, Jr., The Yale Law Journal,
Vol. 90, No. 6 (May, 1981), pp. 1353-1397
8. Advani, Poornima, “Duty to Care from Hippocrates to Consumer Forum.” Global
Health Law, Indian Law Institute &World Health Organization, South East Asia, New
Delhi, 1998, pp. 160-168.
9. Bijawat, Mahesh, Medical Negligence – Medical Malpractice- A Medical Experience
(NC), JILI 37, 1995 page 390-397.
10. The Strict Liability In Fault And The Fault In Strict Liability, John C.P. Goldberg,
Benjamin C. ZipurskyHarvard Law School
11. Toxic Gas Leak Leads to OSHA Fines- McCann & Wall, LLC, Pennsylvania,
https://www.hg.org/legal-articles/toxic-gas-leak-leads-to-osha-fines-52718
12. Harvard Law Review Forum, New Private Law Theory and Tort Law: A Comment,
Keith N. Hylton, 125 HARV. L. REV. 1757 (2012) May 18, 2012
13. Tort Law, Southern California Law Review
https://southerncalifornialawreview.com/tag/tort-law/
14. Tort Law, Green, Leon – Hein Online
https://heinonline.org/HOL/AuthorProfile?collection=Journals&base=js&search_nam
e=Green,%20Leon
Cases for Guidance

5. Ashby vs. White (1703) 2 Lord Raym 938
6. Glouscester Grammer School case (1410) Y.B. 11 hen. IV of 47
7. Mayor of Bradford Corpn. vs. Pickles (1895) AC 587
8. Smith v. Charles Baker and Sons (1891) AC 325 (HL)
9. South Indian Industrial Ltd., Madras vs. Alamelu Ammal, AIR 1923 Mad. 565
10. Hall vs. Brooklands Auto Racing Club (1932) 1 KB 205
11. Rylands vs. Fletcher (1868) LR 3 HL 330.
12. M. C. Mehta vs. Union of India, AIR 1987 SC 1086.
13. State of Rajasthan vs. Vidyawathi (1962) Supp. 2 SCR 989
14. Donoghue vs. Stevenson (1932) All ER Rep. 1
15. Malton Board of Health vs. Malton Manure Co., (1879) 4 Ex D 302
16. White vs. Bailey 1861 10 C.B. (ns) 227
17. The Wagon Mound (No 1) (1961)
18. Kamta Prasad vs National Buildings Constructions Corporation Pvt Ltd, A.I.R. 1992
Delhi 275
19. Livingstone vs Rawyards Coal Co (1880) 5 App Cas 25, 39
20. Khenyei vs New India Assurnace Co.Ltd.& Ors on 7 May, 2015
21. Ajay Kumar & Anr. vs Most. Ruby Devi & Ors. on 27 July, 2016
20
22. Union Carbide Corporation Etc vs Union Of India Etc. Etc on 3 October, 1991
23. Stanley vs. Powell, (1891) 1 QB 86
24. Rural Transport Service vs. Bezlum Bibi (1980)
Learning Outcomes
5. To analyze the term “tort”, determine those affected by the law of tort and assess the
aims and rationale behind the law of tort.
6. To apply tort law to complex problems using appropriate legal problem-solving
techniques.
7. To exercise judgment in the application of tort law to simulated client situations in an
academic environment.
8. To analyze the impact of tort law from a policy perspective.
9. To undertake legal research at a foundational level and evaluate legal information.
21
LAW OF CONTRACTS - I

Contracts play a key role in carrying on commercial activities- be it trade, business,
employmentor even e-commerce hence study of Contract Act enables students to understand
and facilitate the basic principles of commercial transactions with understanding of rights
and obligations.A thorough understanding of concepts of Contract Law is foundation to a
successful legal professional.
The general principles that affect these contracts, and that allow their enforcement in case of
breach, are given in sections 1 – 75 of the Indian Contract Act, 1872 (commonly known as
‘ICA’). Contract remedies are also provided in the Specific Relief Act 1963 (commonly
known as ‘SRA’). These two laws form the main course for this paper.In these topics, we will
decipher all the vivid aspects of the Contract Act.
In this context, the course seeks to cover:

• the concepts of contract law and it's relevance thorough decided cases;
• essentials aspects of contract with reference to General principles;
• Application of contract law in practical use cases.
COURSE OUTLINE
MODULE I: INTRODUCTION TO CONTRACT LAW
a. The nature of contractual obligations
b. Discussion on contracts, related parties to the contract, remedies available in day to
day life
- Purchase of goods/ services
- Employment contracts
- Bank loan
- Renting a Bank Locker
- Lease contract
- Insurance contract
- Contract formed by online purchase of goods
c. Enforcement - Primary purpose of contract law
22
MODULE II: FORMATION OF CONTRACT
a) Understanding the terms Agreement, Offer, Proposal, Acceptance and Contract

b) Diversity between Agreement and Contract
c) Proposal and Acceptance
- Proposal - essential elements, forms, invitations for proposals and tenders,
communication of proposal, floating offers, options
- Acceptance - essential elements, forms, requirement of communication, silence as
acceptance
- Auctions - essential elementsand the requirement of communication
- Revocation of proposal and acceptance
- E-contracts with reference to provisions of the Information Technology Act, 2000
d) Express and Implied contracts
e) Standard form contracts - advantages and disadvantages
f) Formalities to be carried for a valid contract
- draft of the contract,
- signatures,
- attestation,
- registration,
- notarization,
- stamp duty.
g) Difference between formalities of a contract with the Government and General
contract – Refer to Article 299 of the Constitution of India
MODULE III: CONSIDERATION
a) Definitions, meaning, kinds and essential elements of consideration

b) Theories of consideration
c) Privity of contract and of consideration
d) Present, past and future consideration
e) Adequacy of consideration and effect of inadequacy
f) Exceptions to the rule no consideration no contract
g) Charity and doctrine of consideration
23
MODULE IV: COMPETENCY OF PARTIES
a) Age of majority under the Indian Majority Act 1875,

b) Contracts with Minors - Doctrine of Necessaries-Estoppel- Restitution – Ratification
(also refer to section 68 of ICA)
c) Contract with Persons of Sound minds, incapacity arising out of Lunacy, Old age and
other legally recognized incompetence’s
d) Competency of companies, statutory bodies, central and state governments
MODULE V: FREE CONSENT
a) Definition and Meaning of consent and free consent

b) Factors vitiating free consent
c) Coercion
- Law Commission report on Coercion
d) Undue Influence
e) Misrepresentation
f) Fraud
g) Mistake:
- mutual and common mistake,
- unilateral and bilateral mistake,
- mistake of law and fact
h) Effect of absence of free consent
i) Doctrine of Economic duress
j) Remedies available to the party whose consent is not free:
- rescission,
- restoration
- Loss of right of rescission.
MODULE VI: LEGALITY OF OBJECT AND VOID AGREEMENTS
a) Unlawful agreements, circumstances in which agreements enforced even if unlawful

b) Void agreements: Restraint of marriage, trade and legal proceedings, uncertain
agreements, wagers
c) Effect of void and of unlawful agreements
d) Contingent contracts and their enforcement
24
e) Effect of non-happening of event
f) Enforcement of contingent contracts
g) Quasi Contracts
- Types of Quasi Contract
- Doctrine of restitution
- Effect of breach of quasi-contractual obligation
MODULE VII: PERFORMANCE OF CONTRACT
a) Obligation to perform or offer to perform; who must perform, effect of death,
personal contracts, rights and liabilities under a contract
b) Doctrine of privity, and exceptions to the doctrine
c) Joint rights and liabilities
d) Time of performance, right to terminate if time is of essence
e) Liability to pay interest for delay
f) Place of performance
g) Reciprocal promises, effect of non-performance of one of reciprocal promises;
unilateral and bilateral promises
h) Appropriation of payments
i) Discharge of contract
- by performance;
- by offer of performance:
- by non-performance by one party
- by breach and rescission
- anticipatory breach
j) Doctrine of impossibility and effect
k) By agreement
- novation,
- alteration and
- rescission
l) By act of promise
- dispensing,
- remission and
- waiver,
- extension of time, accord and satisfaction
m) Termination or discharge under contract provisions
25
MODULE VIII: REMEDIES UNDER THE CONTRACT
Remedies under contract law through court or arbitration
a) Compensation (damages): General and special, substantial and nominal, aggravated

and punitive, liquidated and unliquidated –Causation - Contemplation and
Remoteness - Duty of mitigation - Assessment
b) Claim for the agreed sum: viz. suit for price, return of loan amount
c) Claim in quantum meruit
Remedies of Specific Relief through court or arbitration under Specific Relief Act:
a) Specific performance:
- Cases in which it can and cannot be granted
- Personal bars to relief
- Discretionary relief
- Who can claim specific performance
- Against whom can specific performance be claimed
- Claim for compensation and other reliefs in a suit for specific performance
b) Injunctions in suits relating to contract:
- Discretionary relief
- Kinds - Temporary and perpetual, prohibitory and mandatory
- When can injunction be granted?
- When will injunction not be granted?
- Injunction to enforce negative covenants
- Claim for compensation in a suit for injunction
- Rescission
- Rectification of instruments
- Cancellation of instruments
Books:
1. Avtar Singh, Law of Contract and Specific Relief, 12th ed, 2017, Eastern Book
Company.
2. V Kesava Rao, Contract I: Cases and Materials, 2nd ed, 2014, Lexis-Nexis
26
3. Ritu Gupta, Law of Contract – includes the Specific Relief Act 1963, 2015, Lexis-
Nexis
4. Anson's Law of Contract, Beatsen and Burrows ed. 29th ed., 2010, Oxford University
Press.
5. Mulla, The Indian Contract Act, Anirudh Wadhwa ed., 15th ed., 2015, Lexis-Nexis
Journals:
1. Journal of Contract Law – Legal Publications / Lexisnexis

2. Corporate Law Journal – ISN 2581-3592
3. Company law Journal
4. Indian Journal of International Economic Law – NLSIU,Bengaluru,India
5. NLS Business Law Review
Further Readings:
Books:
1. Cheshire, Fifoot and Furmston’s Law of Contract, Michael Furmston ed., 16th ed,
2012,
2. Sarkar on Specific Relief, Sudipto Sarkar and R Yasho Vardhan eds, 17th ed, 2016,
Lexis Nexis
3. R K Singh, Law Relating to Electronic Contracts, 2nd ed, 2015, Lexis-Nexis.
4. Sachin Rastogi, Insights into E-Contracts in India, 2013, Lexis Nexis
5. Robert Cooter and Thomas Ulen, Law and Economics, 6th edition 2016, available for
free download at <http://scholarship.law.berkeley.edu/books>, Chapters 1 and 9
6. Shubhashis Gangopadhyay and V Shantakumar, Law and Economics Vol I and II,
2013, Sage Publications, Chapter 5
7. M. Krishnan Nair, Law of Contracts, 1998.
8. Garima Tiwari, Understanding Laws – Contracts, 2014, Lexis-Nexis.
9. G.H. Treitel, Outline of Law of Contract, 6th rev ed, 2005, Oxford University Press
10. Atiyah’s Introduction to the Law of Contract, Stephen Smith ed., 2nd ed, 1997 Oxford
University Press
27
1) Offer and Acceptance in Modern Contract Law: A Needless Concept,Shawn J.
Bayern,California Law Review,Vol. 103, No. 1 (February 2015), pp. 67-
101,Published by: California Law Review, Inc.
2) Minors in Contract: An Analysis of Rules Relating to Minors in Indian Contract Act,
1872,Journal of Constitutional Law and Jurisprudence Volume 1, Issue 1
RETRIEVED
3) Standard form contracts and a smart contractfuture,Kristin B. Cornelius
Department of Information Studies, University of California, Los Angeles, USA
4) Contract, Consideration and the Critical Path,John Adams and Roger
Brownsword,The Modern Law Review,Vol. 53, No. 4 (Jul., 1990), pp. 536-542
5) The great Indian privity trick: hundred years of misunderstanding nineteenth century
English contract law,Shivprasad SwaminathanO.P. Jindal Global University, Sonepat,
Delhi (NCR), India.
6) Doctrine of Privity of Contract Under Indian Law: Should it Be Abolished in Toto or
Subject to Certain Proviso? ,Ashalika Pandey,National Law School of India
University
7) Enforcement of Business Contracts in India: An Analysis of The Reforms on Specific
Relief ,DR. S. SETHURAM Assistant Professor, SRIT Business School,Sri
Ramakrishna Institute of Technology, Coimbatore,Tamil Nadu, India
8) The doctrine of frustration under section 56 of the Indian Contract Act,M. P. Ram
Mohan,PromodeMurugavelu,Gaurav Ray &Kritika Parakh,Pages 85-104 |
9) IMPLEMENTATION WITH CONTINGENT CONTRACTS,Rahul Deb and Debasis

Mishra,Econometrica,Vol. 82, No. 6 (November 2014), pp. 2371-2393
10) Remedies for Breach of Contract ,Ruchi Tirkey,International Journal of Scientific

Engineering and Research (IJSER) ISSN (Online): 2347-3878 Index Copernicus
Value (2015): 56.67 | Impact Factor (2017): 5.156
Cases for Guidance:

2. LalmanShukla v Gauridutt – [(1913) 11 ALJ 489]
3. Harvey v. Facey – [(1893) A.C. 552 Privy Council]
4. Balfour v Balfour - p [(1919) 2 K.B. 571]
5. MohoriBibee v Dharmodos Ghose - [(1903) 30 I.A. 114 (P.C.)]
6. Carlill v Carbolic Smoke Ball Co. - [(1892) EWCA Civ 1 : (1893) 1 QB 256]
28
7. Felthouse v Bindley - [(1862) 11 Cb (NS) 869 : EWHC CP J35 : 142 ER 1037 :
(1863) 7 LT 835]
8. Kedarnath v. Gorie Mohamed – [(1887) ILR 14 Cal 64]
8. Tweddle v. Atkinson – [(1861) EWHC QB J57 : (1861) 1 B&S 393 : (1861) 121 ER
762]
14. Phillips v Brooks Ltd. – [(1919) 2 KB 243]
15. Cundy V Linsay – [(1878) 3 AC 459]
16. SatyabrataGohose v Mugneeram Bangur& Co. - [AIR 1954 SC 44 : 1954 SCR 310]
17. PannalalJankidas v Mohanlal - [AIR 1951 SC 144 : 1950 SCR 979]
18. Hadley v Baxendale - [(1854) 9 Ex Ch 341]
14. Donoghue v Stevenson - [(1932) UKHL 100 :(1932) SC (HL) 31 : (1932) AC 562
:(1932) All ER Rep 1]
15. Dutton v Poole - [(1678) 2 Lev 210 : 83 ER 523]
Learning Out Come:
After completion of the course students will be able to –
• appreciate and criticize the Indian statutory position relating to important elements of
Contract Law
• Understand objects to a contract as an essential element and to understand the various
case laws relating to it where the judiciary quashed enforceability of a contract.
• Learn other kinds of agreements which are expressly declared as void under Indian
Contract Act, 1872.
• Understand the principles underlying the grant of specific reliefs and the different
remedies provided under the Spe
• cific Relief Act.
29
VALUE ADDED COURSE II - SOFT SKILLS
Course Objectives:
• To help the students in building interpersonal skills.
• To learn active listening and responding skills.
UNIT – 1 6hrs.
1. Soft Skills: An Introduction – Definition and Significance of Soft Skills; Process, Importance and
Measurement of Soft Skill Development.
2. Self-Discovery: Discovering the Self; Setting Goals; Beliefs, Values, Attitude, Virtue.
3. Positivity and Motivation: Developing Positive Thinking and Attitude; Driving out Negativity;
Enhancing Motivation Levels.
UNIT -2 6hrs.
1.Interpersonal Communication: Interpersonal relations; communication models, process and
barriers; team communication; developing interpersonal relationships through effective
communication; corporate communication -styles – assertion, persuasion, negotiation.
2. Group Discussion: Importance, Planning, Elements, Skills assessed; Effectively disagreeing,
Initiating, Summarizing and Attaining the Objective.
3. Non-Verbal Communication: Importance and Elements; Body Language.
4. Teamwork and Leadership Skills: Concept of Teams; Building effective teams; Concept of
Leadership and honing Leadership skills.
UNIT -3 6hrs.
1. Interview Skills: Interviewer and Interviewee – in-depth perspectives. Before, During and After
the Interview. Tips for Success.
2. Presentation Skills: Types, Content, Audience Analysis, Essential Tips – Before, During and
After, Overcoming Nervousness.
3. Etiquette and Manners – Social and Business.
4. Time Management – Concept, Essentials, Tips.
5. Personality Development – Meaning, Nature, Features, Stages, Models; Learning Skills;
Adaptability Skills.
UNIT – 4 6hrs.
1. Decision-Making and Problem-Solving Skills: Meaning, Types and Models, Group and Ethical
30
Decision-Making, Problems and Dilemmas in application of these skills.
2. Conflict Management: Conflict - Definition, Nature, Types and Causes; Methods of Conflict
Resolution.
3. Stress Management: Stress - Definition, Nature, Types, Symptoms and Causes; Stress Analysis
Models and Impact of Stress; Measurement and Management of Stress
UNIT – 5 6hrs.
Leadership and Assertiveness Skills: A Good Leader; Leaders and Managers; Leadership
Theories; Types of Leaders; Leadership Behaviour; Assertiveness Skills.
Note:
Each topic in all the above units will be supplemented by practice
Exercises and classroom activities and projects.
Reference Books:
1. Managing Soft Skills for Personality Development –edited by B.N.Ghosh, McGraw Hill India,
2012.
2. English and Soft Skills – S.P.Dhanavel, Orient Blackswan India, 2010.
3. Peter, Francis. Soft Skills and Professional Communication. New Delhi: Tata McGraw Hill. 2012.
Print.
4. Singh, S.R. Soft Skills. APH Publishing Corporation. 2011. Print.
5. Dr. Shamina Ansari. Business Communication – Soft Skills. Print.
Marks Pattern for Value Added Course/ Soft Skills for PG:
50 Marks
5. Project: - 15 marks
c. Submission -10 marks
d. Presentation -5 marks
6. Expression Skills: - 20 marks
a. Impromptu Speech -5 marks
b. Role playing as team member and team leader-5 marks
c. Group Discussion -5 marks
d. Viva-Voce -5 marks
7. Written Test - 10 marks
8. Attendance - 5 marks
Total -50 marks
Course Outcomes: On completion of the course, learner will be able to:

1. Make use of techniques for self-awareness and self-development.
2. Understand the importance of teamwork and group discussions skills.
3. Develop time management and stress management.
31
Value Added Course III - Data Analytics Using Excel
Course Description:
This course aims to equip students with the skills and knowledge necessary to perform data analytics
using Microsoft Excel. The course will cover data manipulation, visualization, statistical analysis,
and advanced Excel functions to analyze and interpret data effectively.
Course Objectives:
By the end of this course, students will be able to:
• Understand the fundamentals of data analytics and its importance.

• Gain proficiency in using Excel for data analysis.
• Develop skills in data visualization to effectively communicate insights.
• Apply statistical analysis techniques using Excel.
• Explore advanced Excel functions and tools for complex data analysis.
Module -1 : Introduction to Data Analytics 06 Hrs.
Definition and importance of data analytics - Overview of data analytics process -Types of data:
structured vs. unstructured -Introduction to Excel as a data analytics tool - Excel interface and basic
functions.
Module -2 – Data Cleaning, Preparation and Formatting 06 Hrs.
Importance of data cleaning -Techniques for data cleaning (removing duplicates, handling missing
data) - Sorting and filtering data - Using conditional formatting.
Module -3 - Data Visualization 04 Hrs.
Importance of data visualization -Types of charts and their uses (bar, line, pie, scatter, etc.) -Creating
and customizing charts in Excel.
Module - 4 Statistical Analysis and Data Modelling 08 Hrs.
Descriptive statistics (mean, median, mode, standard deviation, etc.)-Introduction to inferential

statistics (hypothesis testing, t-tests, ANOVA) -Correlation and regression analysis. Automating
Tasks with Excel- Introduction to Macros- Recording and running macros.
Module -5: Advanced Excel Functions 06 Hrs.
Using LOOKUP functions (VLOOKUP, HLOOKUP, XLOOKUP) -Working with INDEX and
MATCH - Using logical functions (IF, AND, OR, NOT) -Advanced date and time functions
32
Reference Books:
1) Wayne L. Winston ,"Microsoft Excel Data Analysis and Business Modeling" , Microsoft
Press, 2019.
2) Conrad Carlberg, "Statistical Analysis: Microsoft Excel 2016", Que Publishing,2016
3) Jordan Goldmeier, “Advanced Excel Essentials", Apress Publications,2014
4) Michael Alexander, Richard Kusleika, and John Walkenbach , "Excel 2019 Bible", Wiley
Publications,2018
Learning Outcomes:
Upon successful completion of this course, students will be able to:
1) Manage and analyze data effectively using Excel.
2) Utilize Excel for advanced data analysis and visualization
3) Excel Proficiency for Data Analytics
4) Apply the techniques for real-world data sets and business problems
5) Develop and critically analyze data and draw meaningful conclusions.
33
SECOND YEAR
III-SEMESTER
SOCIAL PROBLEMS IN INDIA
Objective of the Course

Social Issues and Social Problems are a prevalent factor to any society. This paper is to introduce
the students to the different social problems affecting society and enable to get acquainted with
social change and development taking place in contemporary India.
This paper will enable the students to understand the following:
1. Enable to introduce the students to the different problems affecting contemporary society
2. Equip the students to find solutions for solving the social problem
3. Appreciate to get acquainted with social change and development and its attendant social
problems.
4. Understand and provide a glimpse about the remedial and legislative measures for solving the
social problems.
5. Analyze to get a better understanding of the society in order to bring forth stability and change
through the legal mechanism.
COURSE OUTLINE
Module I: Introduction (12 Hours)
a) Social problem: Definition - Nature of Social Problem - Factors of Social Problem (Social,
cultural, economic, political and ecological).
b) Theoretical approach to social problem - Social Disorganisation Approach- Cultural Lag -
Value-Conflict Approach – Anomie Approach.
Module II: Issues Related to Nationhood (12 Hours)

a) Communalism: Definition - Characteristics - Causes for the Growth of Communalism in
India - Communalism as a Challenge to Secularism -Measures to Control and eradicate
Communalism
b) Casteism: Meaning – Causes – Consequences of Casteism - Solution to the problem of
Casteism
c) Terrorism: Definition – Characteristics of terrorism - Causes of terrorism – Impact of
terrorism – Remedial Measures for Terrorism
34
Module III: Structural Problems (10 Hours)
a) Problems faced by Scheduled Castes. Issues related to Untouchability. - Role of Dr. B.R.
Ambedkar and Mahatma Gandhi in upliftment of Scheduled Castes - Reservation in
government and private sector.
b) Problems faced by Scheduled Tribes. Development Vs Displacement of Scheduled Tribes -
Distinctiveness Vs Mainstreaming - Verrier Elwin’s Panchasheela for the development of
scheduled tribes.
Module IV: Problems of the Women, Children and Aged (10 Hours)
a) Women: Domestic Violence, divorce, destitution, Single Parenting.

female feticide & infanticide.
b) Children: Child Labour, Child Marriage, Child Abuse.
c) Aged: Challenges faced by Elderly persons.
Module V: Individual Social Disorganisation (10 Hours)
a) Juvenile Delinquency: Definition – Characteristics - Causes of Juvenile Delinquency

b) Crime: Definition – Characteristics - Causes and Consequences of Crime
c) Alcoholism and Drug Addiction: Definition – Characteristics - Causes and Effect
Module VI: Corruption (6 Hours)
a) Definition – Characteristics – Types - Causes of Corruption – Impact of Corruption
Books:
1. Shankar Rao C.N., 2019. “Indian Social Problems” S Chand & Co.
2. Madan GR, 1986. “Indian Social Problems” Allied Publishers.
3. Madan GR.., 2002.“ Indian Social Problems” Radha Publications.
4 Ram Ahuja ., 1992.“Social Problems in India” Rawat Pubications, New Delhi.
5 Shankar Rao C.N., 2008. “Introduction to Sociology” S Chand & Co.
Journals:
1. Race and Social Problems
2. Gender and Society
3. Contemporary Sociology
35
4. Journal of Social Issues
5. Social Problems
Further Reading:
Books:
1. Hortan Paul S.and Gerald P Leslie., 1987. The Sociology of Social Problems Appietar, New York,
2. Letnert Edwin., 1972. Social Pathology- Mcgrow Hill, New York
3. Madan G.R.., 1986. Indian Social Problems. Allied Publishers, Bombay
4. Linda A. Mooney, David Knox Caroline Schactt, Understanding Social Problems., 8th
Edition, Wadsworth Cengage Learning
5. William Kornblum, Joseph Julian., 1992. Social Problems: Community, Policy, and Social
Action, Sage Pubication.
6. Anna Leon Guerrero, 2018. Social Problems, Community, Policy and Social Action, Sage
Publication.
7. Joel Best, 2016. Social Problems, W.W. Norton and Company
8. Madan.G.R.., 2002. Indian Rural Problems, Radha Publications
9. Varma P., 1982. Pathology of Crime and Delinquency-Sathitya Bhavan, Agra
10. John D.Carl, 2013. Think Social Problems., 2nd edition, Pearson Pubication
Learning Outcomes:
After completion of the course the students will be able to:
• Equip students to learn various social problems affecting Indian society.
• Gain knowledge and develop a broader understanding of the causes for social problems
• Enhance the students to understand to apply the approaches and theories to
evolve social intervention strategies.
• Enable the law students to understand and analyze the Indian society through a
Sociological perspective.
36
COST AND MANAGEMENT ACCOUNTING

Practically universal agreement among practicing lawyers that the services required
of the lawyer today demand a certain amount of accounting training for most competent
performance. The objective of the course is acquainting the students with the basic concepts
used in Cost Accounting and Management Accounting to solve specific problems and also
guides them in managerial decision making.
COURSE OUTLINE
Module I: Introduction of Cost Accounting

a) Introduction – Meaningand Definition of Costing and Cost Accounting.
b) Cost Accounting – Scope, Objectives, Advantages and Limitations.
c) Elementsof Cost – CostAccounting Standards –Installation of a Costing System –
PracticalDifficulties in Installing a Costing System.
d) Preparationof Cost Sheet,Tendersand Quotations.
Module II: Material and Labour Cost

a) MaterialControl – Introduction, Objectives and Techniques of Material Control.
b) Methodsof Purchasing Material – LevelSetting, Re-orderLevel, Minimum Level,
Maximum Level, Danger Level, Average Level – EOQ.
c) Methods of Valuing Material Issues – FIFO, LIFO, Simple Average, Weighted Average.
d) LabourCost – Methodsof Wage Payment – Time Wage System – PieceRate System–
Taylor’s Differential Piece Rate System, Merrick’s Multiple Rate System, Gant Task
Bonus Plan – Premiumand Bonus Plan – Halsey Premium Plan, Rowan Plan.
Module III: Overheads

a) Overheads – Introduction and Classification of Overheads – Factory, Administration,
Selling and Distribution Overheads.
b) Allocation and Apportionment of Overheads – Basis of Apportionment, Absorption of
Overheads and Machine Hour Rate.
37
Module IV: Techniques of Management accounting
a) Management Accounting – Meaning, Definition, Objectives.
b) Tools and Techniques of Management Accounting.
c) Difference between Management Accounting, Financial Accounting and Cost
Accounting.
d) Roleof Management Accountant in Decision Making.
Module V: Financial Statement Analysis

a) Financial Statement Analysis – Objectives.
b) RatioAnalysis – Classificationof Ratios, Problems Related to Liquidity Ratios,
Profitability Ratios, Activity Ratios and Solvency Ratios.
Module VI:Marginal Costing

a) Marginal Costing – Meaningand Importance – Marginal Cost Statement.
b) BreakEven Analysis – Break Even Chart and Assumptions.
c) Cost Volume Profit Analysis – ProfitVolume Ratio, Break Even Point, Margin of Safety.
d) DecisionMaking – Simple problems in Key Factor & Make or Buy Decision.
Module VII:Budgetary Control

a) Budget and Budgetary Control – Meaning and Importance
b) Classification of Budgets – Preparationof ZBB (Zero Based Budgeting), Production, Cash
and Flexible Budget.
Note: Marks Distribution:Problems 70% and Theory 30%
Books:
1. S. P. Jain and K.L. Narang - Cost Accounting Principles & Practice - Kalyani publishers,
New Delhi, 25d Edition, 2019.
2. Dr. S. N. Maheswari - Cost and Management Accounting - Sultan Chand & Sons, New
Delhi, 14th Edition, 2018.
3. T. S. Reddy and Y. Hariprasad Reddy – Cost Accounting – Margham Publications,
Chennai, 2019.
4. M.Y. Khan, and P.K. Jain - Management Accounting: Text Problems and Cases - Tata
McGraw Hill Publishing Co., New Delhi, 6th Edition, 2013.
38
5. V. K. Saxena and C. D. Vashist - Cost Accounting - Sultan Chand & Sons, 11th Edition,
2014.
1. Aleem, M., Khan, M.H. and Hamad, W. (2016), “A Comparative Study of the Different
Costing Techniques and their Application in the Pharmaceutical Companies, Audit
Financier”, vol. XIV, no. 11(143)/2016, pp. 1253-1263, DOI:
10.20869/AUDITF/2016/143/1253
2. Brown, C. (1992). “Wage Levels and Method of Pay”, The RAND Journal of
Economics, 23(3),366-375.RetrievedApril8,2020, fromwww.jstor.org/stable/2555868
3. Anbarasu Joseph (2014), “Overhead”, ResearchGate Journal,
https://www.researchgate.net/publication/278245051Overhead
4. Hamid Saremi and BehradMoinNejad, (2013), “Role of Management Accounting in
Managerial the Decision Making of Enterprises”, Elixir International Journal, Elixir Fin.
Mgmt. 65B (2013) 19859-19866; http://www.elixirpublishers.com
5. Pratik P. ValandAn Empirical Study of Ratio Analysis Indian Journal of Applied
Research, VolII, IssueI October 2012.
Further Readings:
Books:
1. B. S. Khanna, G. K. Ahuja, I. M. Pandey, S. C. L. Batra - Practical Costing - S. Chand &
Company Ltd, 2015.
2. Dr. R. P.Rustagi - Management Accounting - Taxmann’s Publications, 2nd Edition, 2015.
3. ManoshDutta, “Cost Accounting’, Dorling Kindersley (India) Pvt. Ltd, 2010.
4. M.C. Shukla, T.S. Grewal, Dr.M.P. Gupta, “Cost Accounting”, S. Chand & Company
Ltd, 2018.
5. I.M. Pandey, “Management Accounting”, Vikas Publishing, third Edition, 2018
6. T. Horngren and Gary L. Sundem, “Introduction to Management Accounting” – 16th
Edition, Prentice-Hall, New Delhi.
7. Ambrish Gupta – Financial Accounting for Management: An Analytical Perspective,
Pearson Education, 3rd Edition 2009.
8. S.K. Bhattacharya, John Dearden – Accounting for Management, Vikas Publishing
House, Third Revised Edition, 2008.
9. Carl S. Warren, James M. Reeve, and Jonathan E. Duchac – Financial Accounting:
Concepts, Methods, and Applications (Cengage Learning, 2009).
10. Robert Anthony & Hawkins- Accounting Test and Cases, Richard D. Irwin London.
39
Journals:
1. The Journal of Cost Accounting Research
https://www.jstage.jst.go.jp/browse/jcar/-char/en
2. The Journal for CMAs
http://icmai-rnj.in/
3. International Journal of Managerial and Financial
Accountinghttps://www.inderscience.com/jhome.php?jcode=ijmfa
4. Management Accounting
Researchhttps://en.wikipedia.org/w/index.php?title=Management_Accounting_Research
5. Journal of Applied Management Accounting Research
https://maaw.info/JAMAR.htm
6. International Journal of Accounting Research
https://www.longdom.org/international-journal-accounting-research/citations.html
7. Barnes, Paul. (2006). The Analysis and Use of Financial Ratios: A Review Article.
Journal of Business Finance & Accounting. 14. 449 - 461. 10.1111/j.1468-5957.
1987.tb00106x.
8. Manes, R. (1966). A New Dimension to Breakeven Analysis. Journal of Accounting
Research, 4(1), 87-100. doi:10.2307/2490143.
9. Kaplan, R.S. (1995). New roles for management accountants. Journal of Cost
Management. 9. 6-13.
10. Cooper, R. (1987). Cost management concepts and principles. Journal of Cost
Management. 45-49
Learning Outcomes
• After completion of the course, Students will be able to -
• Gain knowledge on Cost Management and minimisation of Cost, without
compromising on quality.
• Acquire Management Accounting knowledge and suggest their clients on efficient
Financial Management.
• Have good exposure on various Cost Accounting aspects such as Material Costing,
Overheads Costing and Marginal Costing techniques.
• Comprehend the Management Accounting aspects such as Financial Statement
analysis and Budgetary Control.
40
JURISPRUDENCE
Laws are rules, claims are supported by arguments, and decisions are conclusions.
The rules, arguments and conclusions are bound to conform to the requirement of logic. They
must be systematically coordinated and carried to their consequences. Thus the whole body
of legal doctrines can be considered is often considered as a more or less closely woven
tissue of prepositions and deductions. The ideas which constitute this tissue are not presented
to society ready-made; they are gradually unfolded by processes of collective thought;
sometimes particular points get generalized and subjected to principles; at other times
inferences are drawn from general prepositions. These processes constitute the dialects of
law. Those dialects become ever standing principles and thus the consolidation of all wisdom
of law becomes Jurisprudence.
COURSE OUTLINE
Module I: Clarificatory Jurisprudence
(a) Evolution of Law – Ancient India, Greek and Roman Civilization – Law, Morals,
Ethics and Justice – Nature of law – Functions of Law
(b) Rule of Law: Authority (or) Autonomy (or) Anarchy (or) Obligation (or) Opinion (or)
Dictum – Law as a Social Fact
(c) Nature and Scope of Jurisprudence – From Police State to Welfare State.
Module II: Evaluative Jurisprudence
(a) Schools of Jurisprudence – Western Thoughts and Indian Jurisprudence – Concept of

Dharma – Social Transformation and Social Justice
(b) Jurisprudence and other fields of knowledge such as Art, Humanities, Social Sciences,
Medicine, Science and Technology – Jurisprudence in Socio-Political context and
Normative context – Discovery or formulation of “A common law of mankind”
(c) Similarities and differences between – (i) Local Law & Global Law; (ii) Civil Law &
Common Law; (iii) Cultural & Technical aspects; (iv) Micro & Macro aspects.
Module III: Classificatory Jurisprudence

(a) Definition of Law – Kinds of Law – Nature and Functions of State – State and
Sovereignty – Relationship with Law and State
(b) Sources of Law – Classical and Modern Sources – Sruti, Smriti, Convention, Custom,
Legislation, Precedent and its kinds – Stare Decisis, Ratio Decidendi and Obiter Dicta
41
(c) Administration of Justice – Complete Justice – Theories of Justice – Basis of
International Law and Constitutional Law.
Module IV: Conceptual Jurisprudence - I
(a) Legal concepts: Meaning, Definition and kinds of Rights and Duties – Jural
Correlatives and Jural Opposites
(b) Person and its kinds – Status and Theories of Corporate personality
(c) Title and its kinds – Ownership – meaning and its kinds – Possession – meaning and
its kinds
Module V: Conceptual Jurisprudence - II
(a) Liability – meaning and its kinds – Negligence – meaning and its kinds – Obligation –
meaning and its kinds
(b) Law of Procedure – Elements of Judicial Procedure – Evidence
(c) Property – meaning and its kinds
Module VI: Functional Jurisprudence
(a) Application of Law and Interpretation of Law

(b) Codification of Customary Law and Enforcement mechanism – Writ Remedies
(c) Public Interest Litigation – Justice Delivery System – Judicial Activism and Judicial
process.
Module VII: Developmental Jurisprudence
(a) Global Justice and Human Rights – Capitalism -Vs- Common good -Vs- International
Law – Critical Legal Studies – Legal Formalism -Vs- Legal Realism – Solidarity and
the Limitations of Liberalism
(b) Economic Jurisprudence – Feminist Jurisprudence – Cyber Jurisprudence
(c) Post-Modern legal theory – Pragmatism and Post-structuralism – Law & Justice in
contemporary era.
42
RECOMMENDED READINGS (Hardcopy & E-Books):
Books:
1. Lloyd’s Introduction to Jurisprudence, 2014, 9th Edition, Sweet & Maxwell.

2. S.N. Dhyani, “Fundamentals of Jurisprudence – The Indian Approach”, 2015, 3rd
Edition, Central Law Agency Publishers.
3. Avtar Singh, “Introduction to Jurisprudence”, 2015, 4th Edition, LexisNexis
Butterworths.
4. V.D. Mahajan, Jurisprudence and Legal Theory”, 2017, 5th Edition, Eastern Book
Company.
5. N.V. Paranjape, “Studies in Jurisprudence and Legal Theory”, 2019, 9th Edition,
Central Law Agency.
1. Anthony D’Amato, “On the Connection between Law and Justice, 26 U.C. Davis L.
Rev.527-582 (1992-93)
2. Michael S. Green, “Legal Realism as Theory of Law”, William & Mary Law Review,
2005, Volume 46, Issue 6, pp.1915-2000.
3. Herbert Hovenkamp, “Evolutionary Models in Jurisprudence”, Texas Law Review,
1985, Volume 64, No.4, p.645.
4. RutiTeitel, “Transitional Jurisprudence: The Role of Law in Political Transformation”,
106 Yale L.J 2009 at https://heinonline.org
5. Howard T. Markey, “Jurisprudence or Juriscience?” 25 Wm & Mary L. Rev. 525 at
http://heinonline.org/HOL?Landingpage?handle=hein.journals/wmlr25&div=25&id=&
page=
FURTHER READINGS:
Books
1. Salmond on Jurisprudence, 2016, 12th Edition, Sweet & Maxwell.

2. Bruce D Sales, “The Psychology of Law: Human Behaviour, Legal Institutions and the
Law”, 2015, American Psychological Association.
3. Robert L. Hayman Jr., Nancy Levit and Richard Delgado, “Jurisprudence, Classical
and Contemporary: From Natural Law to postmodernism, 2nd Edition, West Academic
publishing
4. David Chan Smith, “Sir Edward Coke and the Reformation of the Laws: Religion,
Politics and Jurisprudence”, 2014, Cambridge University Press.
5. Paul Cliteur, AfshilEllian, “A New Introduction to Jurisprudence: Legality, Legitimacy
and the Foundations of the Law”, 2019, 1st Edition, Routledge Publishers.
6. JorgKammerhofer and Jean D’Aspremont, “International Legal Positivism in a Post-
Modern World”, 2016, Cambridge University Press.
43
7. “Plato: The Complete Works”, 2016, Titan Read Publishers.
8. “Aristotle: The Complete Works”, 2017, Book House Publishing
9. Satis Chandra Vidyabhusana and Dr. Sukhram, “The Nyaya Sutras of Gautama”, 2018,
Parimal Publications.
10. James Christensen, “Global Justice”, 2020, 1st Edition, Red Globe Press.
1. Jeffrey Goldsworthy, “The Real Standard Picture, and How Facts Make it Law: A
response to Mark Greenberg”, The American Journal of Jurisprudence, December
2019, Volume 64, Issue 2, pp.163-211 available at https://doi.org/10.1093/ajj/auz011.
2. Marc R. Johnson, “Legislative Sovereignty: Moving from Jurisprudence towards
Metaphysics” An International Journal of Legal and Political Thought available at
https://doi.org/10.1080/20403313.2020.1744990.
3. Angela P. Harris, “The Jurisprudence of Reconstruction”, California Law Review,
1994, Volume 82, Issue 4, p.741.
4. Richard A. Posner, “The Jurisprudence of Skepticism”, Michigan law Review, 1988,
Volume 86, No.5, pp.827-891.
5. Beryl Harold Levy, “Realist Jurisprudence and Prospective Overruling”, University of
Pennsylvania Law Review, 1960, Volume 109, No.1, pp.1-30.
6. Robert H. Jackson, “Quasi-states, dual regimes and neoclassical theory: International
Jurisprudence and the Third World”, Cambridge University Press, 1987, Volume 41,
Issue 4, pp.519-549 available at https://doi.org/10.1017/S0020818300027594.
7. John Comaroff, “Reflections on the Rise of Legal Theology: Law and Religion in the
Twenty-First Century”, Journal of Social Analysis, 2009, Volume 53 No.1, pp.193-
216.
8. Harry W. Jones, “An Invitation to Jurisprudence”, Columbia Law Review, 1974,
Volume 74, No.6, pp.1023-1055
9. Fredrick Schauer, “The Jurisprudence of Reasons”, Michigan Law Review, 1987,
Volume 85. No.5/6, pp.847-870.
10. Edward Cavanagh, “Legal thought and empires: Analogies, Principles and Authorities
from the ancients and the moderns”, An International Journal of Legal and Political
Thought, 2019, Volume 10, Issue 4, pp.463-501 available at
https://doi.org/10.1080/20403313.2020.1744990
44
Learning Outcomes:
After Completion of the course, students will be able to –
1. To become reflective and self-fulfilled professional who are able to integrate legal
professionalism, ethics, values, doctrine, theory and skills to become outstanding
professional in a broad variety of settings.
2. To understand some level of depth rather than mere breadth, with an emphasis on
analysis of primary theoretical literature correlating with the social history.
3. To demonstrate orally and in writing, a critical understanding of major schools of
legal theory that influenced the development of the western legal tradition and Indian
legal system.
4. To critically evaluate multiple and contrasting perspectives on law and engage in
open-minded academic discussion of them in an applied context.
*****
45
LAW OF CONTRACTS- II
As established in Contracts I through detailed study of General Principles of Contract, the
students by now know that the essence of all commercial contracts is regulated by the Indian
Contract Act, 1872.
The focal point of this course is the special contracts detailed in the Indian Contract Act,
1872. Further the course deals with general principles that apply to each specific contractual
relationship. Provisions relating to The Sale of Goods 1930, The Indian Partnership Act
1872 and The Negotiable Instruments Act 1881 are discussed alongwith the contracts of
indemnity and guarantee, of bailment and pledge, and that of agency. The Law of Special
Contracts can be classified under two very broad categories, viz. special contracts of
personal relationships and special contracts of property related transactions.
In this context, the course seeks to cover:

• the concepts and principles of special contracts and it's relevance thorough decided
cases;
• how to establish relationship of general principles with the special contracts;
• understand the growing importance of special contracts and to have understanding of
the new forms of special contracts including technology transfer agreements, e-
contracts, software licensing agreements, government contract etc.
COURSE OUTLINE
MODULE I: CONTRACTS OF INDEMNITY - SECTIONS 124-125

a) Concept of indemnity in general
b) Need for indemnity to facilitate commercial transactions
c) Definition of the contract of indemnity
d) Formation and essential features of indemnity
e) Purpose of the contract of indemnity, and its use in facilitating and supporting
transactions
f) Nature and extent of liability of the indemnifier
g) Commencement of liability of the indemnifier
46
h) Rights and Duties of the Indemnifier and the Indemnified.
i) Difference between Indian and English Law as to Indemnity
j) Distinction between an indemnity, a warranty and a representation
MODULE II: CONTRACTS OF GUARANTEE - SECTIONS 126 TO 147
a) Definition of a contract of guarantee

b) Formation and essentials features of a contract of guarantee
- Parties to the contract;
c) Position of minor and validity of guarantee when minor is the principal debtor,
creditor or surety
d) Consideration for a contract of guarantee
e) Continuing guarantee, and its revocation
f) Difference between Guarantee and independent liability
g) Comparison between guarantee and indemnity
h) Nature and extent of surety's liability;
- commencement
- duration and
- termination
i) Surety’s rights against
- the principal debtor
- the creditor
- co-surety
j) Special position of a surety: a privileged debtor
k) Letters of credit and bank guarantees
l) Co-surety and manner of sharing liabilities and rights
m) Discharge of surety’s liability
MODULE III: CONTRACTS OF BAILMENT - SECTIONS 71, 148-171, 180-181
a) Definition of a contract of bailment

b) Formation and essential features of a contract of bailment
- Parties to the contract
- Creation of a contract of bailment
- Obligations of bailment despite contract
- Gratuitous bailments
47
c) Lien:
- General and
- Particular Lien
d) Types of Bailor and Bailee
e) Examples of contracts of bailment: for benefit of bailor, for benefit of bailee
- Rights, duties, disabilities and liabilities of a bailor and a bailee towards each
other
f) Termination of bailment, and consequences of termination
g) Finder of goods as a bailee
h) Liability towards the true owner
i) Obligation to keep the goods safe
j) Right to dispose off the goods
MODULE IV: CONTRACTS OF PLEDGE - SECTIONS 172 – 179
a) Definition of a contract of pledge

b) Essential features of a contract of pledge
- Parties to the contract
- Creation of a contract of pledge
c) Distinction between contracts of pledge, lien, bailment, hypothecation
d) Rights, liabilities, duties and disabilities of the
- Pawnor (Pledger)
- Pawnee (Pledgee)
- Pawnee's right of sale
e) Pledge by certain specified persons under sections 178, 178A, 179 of Contract Act,
1872.
MODULE V: CONTRACTS OF AGENCY: SECTIONS 182 – 238
a) Definition of a contract of agency

b) Identification of different kinds of agency transactions in day to day life
c) Kinds of agents and agencies
d) Tests for determining existence of agency relationship
e) Essential features of a contract of agency
- Parties involved
- Kinds of agents and agencies
48
f) Creation of agency
g) Distinction between agent, servant or employee, and independent contractor
h) Agent’s authority
- Scope and extent
- Express or implied
- apparent or ostensible authority and
- authority in an emergency
- Restrictions or limitations on authority
i) Delegation of authority
j) Relationship between a principal, agent, sub-agent and substituted agents.
k) Doctrine of Unnamed, Undisclosed Principal and Foreign Principal
l) Doctrine of Ratification and Relation back
m) Duties, Rights and Liabilities of an Agent towards the Principal and Third Party
n) Liability of the principal for acts of the agent including misconduct and tort of the
agent
o) Personal liability of an agent
p) Pretended Agent
q) Methods of termination of agency contract
- Effects of termination
- Liability of the principal and agent before and after such termination
MODULE VI: CONTRACTS OF SALE OF GOODS - THE SALE OF GOODS ACT

1930
a) Definition of a contract of sale of goods

b) Goods – Meaning, Existing and future goods, Specific, ascertained, unascertained
goods, Effect of perishing of goods
c) Essential features of a contract of sale
d) Formation of Sale contract
e) Sale differentiated from other type of contracts
f) Sale as a transfer of property
g) Conditions and Warranties
- Implied conditions and warranties
- Express conditions and warranties
h) The rule ‘caveat emptor’ and exceptions thereto
49
i) Passing of Property
j) Transfer of Title-Nemo Dat Quod Non Habet
k) Delivery of goods: various rules regarding delivery of goods
l) Rights and liabilities of the buyer and selle
m) Unpaid seller and his rights.
n) Auction sales
o) Remedies for breach of contract
MODULE VII: CONTRACTS OF PARTNERSHIP - THE INDIAN PARTNERSHIP
ACT 1932 AND THE LIMITED LIABILITY PARTNERSHIP ACT 2008
a) Definition of a contract of partnership
b) Essential features of a contract of partnership:
- the firm and the partners,
- Parties to the contract,
- Minor as partner
c) Kinds of partnership
d) Registration of Partnership Firm and consequences of non-registration
e) Rights, Duties and Liabilities of Partners
f) Mutual relationship between partners: their rights, liabilities and duties against each
other
g) Relationship of partners to third parties
h) Partner as agent of firm, Partners’ authority, Implied authority, Mode of exercising
authority, Liability of the firm for acts of partners
i) Property of the firm
j) Change in constitution of a firm
- Admission, retirement, expulsion, death and insolvency of any partner.
- Public notice
- Effect of change in constitution of the firm
k) Dissolution of a firm
- Modes of dissolution
- Effect of dissolution
- Agreements in restraint of trade
l) Limited Liability Partnership
- Essential features
- Distinction between LLP and ordinary partnership
50
RECOMMENDED READINGS:
Books:
1. Anson’s Law of Contract, Oxford University Press, 13th Edition, 2016.
2. Law of Contract & Specific Relief, by Avtar Singh, Eastern Book Company, 12th
Edition, 2017, reprinted 2019.
3. Law of Sale of Goods, by Avtar Singh, Eastern Book Company, 8th Edition, 2018.
4. Introduction to Law of Partnership, by Avtar Singh, Eastern Book Company, 11th
Edition, 2018.
5. Palmer on Bailment, edited by Norman Palmer, Sweet & Maxwell Ltd, 03rd Edition,
2009.
1. Journal of Contract Law – Legal Publications / Lexisnexis
2. Corporate Law Journal – ISN 2581-3592
3. Company Law Journal
4. Indian Journal of International Economic Law – NLSIU,Bengaluru,India
5. NLS Business Law Review
FURTHER READINGS:
Books:
1. The Law of Bailment, by Robert H. Tanha, Irwin Law Inc., 2019.
2. Law of Guarantees, by The Hon Mrs. Justice Geraldine Andrews; Richard Millett,
QC; John Robb, Sweet & Maxwell, 08th Edition, 2008.
3. Principles of the Law of Agency, by Howard Bennett, Hart Publishing, 01st Edition,
2013.
4. Agency and Partnership Law, edited by Mark J. Loewenstein and Robert W. Hillman,
Edward Elgar Publishing Ltd., 2018.
5. Bowstead& Reynolds on Agency, Sweet & Maxwell Ltd., 20th Edition, 2016.
6. The Sale of Goods, by M.G. Bridge, Oxford University Press, 02nd Edition, 2009.
7. Practical Guide to Limited Liability Partnership, by Pl. Subramanian, Snow White
Publication, 14th Edition, 2018
8. Bhashyam and Adiga, The Negotiable Instruments Act (1995), Bharath,
9. Allahabad
10. M.S.Parthasarathy (ed.), J. S. Khergamvala, The Negotiable Instruments Act
51
1) Indemnities and the Indian contract act 1872,Wayne Courtney NATIONAL
LAW SCHOOL OF INDIA REVIEW 27 NLSI Rev. (2015)
2) Condition and Warranty in Contract Law of India,HarvardBlackLetter Law Journal,
3) Commercial Utility of Bailment,KartikMandloi,Published in International Journal of Trend
in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5, August
2018, pp.1093-1098,
4) Hire-Purchase Hardships and Hopes,J. W. A. Thornely,The Cambridge Law Journal,Vol.
20, No. 1 (Apr., 1962), pp. 39-68
Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge
Law Journal.
5) Computing Damages in Hire purchase Agreements: A Re-LookBREACH OF CONTRACT,
ICFAI University Publications,
6) Government Obligations in Public-Private Partnership Contracts, Journal of Public
Procurement, Vol. 10, No. 4, Winter 2010,Sandeep Verma,Government of Rajasthan; Public
Health Engineering & Ground Water Departments
7) Partnership Formation: The Role of Social Status,Haimanti
Bhattacharya&SubhasishDugar, https://pubsonline.informs.org/doi/abs/10.1287/mnsc.2013.1818.
8) Modes of Termination of Principal – Agent Relationship under the Indian Contract Act,
1872,Roshni Duhan and Vimal Joshi Department of law, B.P.S. Mahila Vishwavidyalaya,
Khanpurkalan, Sonipat,International Research Journal of Social Sciences ISSN 2319–3565 Vol.
2(11), 46-48, November (2013)
9) Dissolution of Indian Firms - Various Modes,33 Pages,SSRN,Raghvendra Singh
Raghuvanshi, India,papers.ssrn.com/sol3/papers.cfm?abstract_id=1558970
11) Performance and Compensation: An Analysis of Contract Damages and Contractual
Obligation,CharlieWebb,Oxford Journal of Legal Studies, Volume 26, Issue 1, Spring 2006.
Cases for Guidance:

1. Ultzen v. Nicols [1894 1 QB 92]
2. Morvi Mercantile Bank v. Union of India A.I.R. 1965 S.C. 1954
3. Kaliaporumal Pillai vs. Visalakshmi AIR [1938 Mad 32]
4. Adamson v. Jarvis (1827) 4 Bing.66:29 R.R.503
5. Dugdale v. Lovering (1874-75) L.R. 10 C.P. 196
6. Sheffield Corporation v. Barclay[1905] AC 392
7. State of Gujarat vs. Memon Mahomed [AIR 1967 SC 1885]
52
8. Duncan Fox & Co. v. North & South Wales Bank(1880) 6 AC 1, [1874-80] All ER
Rep Ext 1406
9. Lasalgaon Merchants Co-op Bank vs. PrabhudasHathibhai [AIR 1966 Bom 134]
10. Ram Gulam vs. Govt. Of Uttar Pradesh [AIR 1950 All 106]
11. Coouturier v. Hastie (1856) 5 HLC 673
12. Phillipson v. HayterL. R. 6 C. P. 41
13. Graff v. Evans(1882) 8 Q.B.D. 373, 73
14. Niblett v. Confectioners’ Materials Co. [1921] 3 K.B. 387
15. Summer Permain& Co. v. Webb & Co. [1922] 1 K.B. 55.
LEARNING OUTCOME:
1. grasp the nuances of the contractual transactions involving Special forms of

contracts.
2. analyse the implications of a contractual arrangement falling under any of the
discussed head of special contracts.
3. determine the legality of the transactions and also the rights and duties of the parties.
deal with the disputes arising out of such contractual
53
FAMILY LAW - I
India being a land of multi religious and multi-cultural, the course helps in
understanding the meaning of the concepts that are involved in family system in the Personal
Laws of the Hindus, Christians and Muslims. The syllabus revolves on the various aspects of
family unit starting with the sources of personal laws, marriage, matrimonial reliefs, family
courts, maintenance, legitimacy of children, custody of children and guardianship.
Therefore the study helps the students to understand the following

1. It equips the students with different personal Laws
2. It provides ability to the student community in realizing secular laws related to inter-
religious marriage, dowry, adoption and maintenance.
3. Appreciate the Conglomeration of the uncodified aspects of unisex marriage and live-
in- relationship.
4. Also motivates the students to equip with writing, reading and research skills.
COURSE OUTLINE
MODULE I: SOURCES AND SCHOOLS OF PERSONAL LAWS

a. Application of various Personal Laws
b. Traditional and Modern Sources of Hindu Law and Muslim Law
c. The Classical Schools of Hindu Law and Muslim Law - Origin of the Schools -Main
Schools and Sub-Schools – Differences - Effect of Migration.
MODULE II: LAW ON MARRIAGE

a. Nature of Marriage - Various forms of marriage and requirements for a valid marriage
on a comparative analysis – Ceremonies of marriage under various religious systems.
b. Void, voidable and valid marriage in different religious texts and statutes-
c. Laws and Issues on marriage under the Special Marriage Act –
d. Unisex Marriage and question on living together –
e. The demand of Dowry and the concept of Dower under the relevant Personal Laws -
MODULE III: LAW ON MATRIMONIAL RELIEFS

a. Restitution of Conjugal Rights,
b. Judicial Separation,
c. Nullity of Marriage and Divorce under various personal Laws –
54
d. Various Grounds for Divorce and procedure on a comparative analysis –
e. Court’s jurisdiction and procedure for the issues raised on Marriage and Divorce- In
Camera proceedings - Decree on Proceedings
f. Domestic Violence - Structure, Procedure and Jurisdiction of Family Courts - The

Family Courts Act.
MODULE IV: LAW ON MAINTENANCE

a. Maintenance under Hindu, Muslim and Christian Laws - Permanent Alimony –
Maintenance during pendency of the Suit –
b. Maintenance under the Special Marriage Act,
c. Maintenance under the Hindu Adoptions and Maintenance Act
d. Maintenance under the Code of Criminal Procedure- Maintenance of Parents and
Aged Persons.
MODULE V: LAW ON LEGITIMACY OF CHILDREN AND ADOPTION

a. Legitimacy of children born of Void and Voidable Marriages under various religious
laws- Their Rights and Legal Issues
b. Adoption in different religious groups - Requisites, Conditions, Procedure of
Adoption -Effect of Adoption
c. Inter-Country Adoptions
d. Adoption under the Juvenile Justice (Care and Protection of Children)Act, 2015
MODULE VI: LAW ON MINORITY AND GUARDIANSHIP

a. Guardian under the Hindu Minority and Guardianship Act, 1956 - Definition-
b. Types of Guardians- Guardianship under Muslim Law
c. Procedure for appointment of Guardians and their powers
d. Guardian under the Guardian and Wards Act, 1890.
Books:
1. Mulla, Hindu Law, (Lexis Nexis 23rd Edition, 2018)
2. Tahir Mahmood &Saif Mahmood, Introduction to Muslim Law, (Universal Law
Publishing Co., 2nd ed., 2017)
3. Kusum, Family Law Lectures – Family Law – I, (Lexis Nexis,5th ed. 2019)
4. Paras Diwan, Law of Marriage and Divorce, ( A Comprehensive treatise on
Matrimonial Law of ..................... including Hindus, Muslims, Christians, Parsis and
Jews) (Universal Law Publishing Co. 7th ed. 2017)
5. Prof. (Dr.) T. V. Subba Rao, Prof. (Dr.) Vijender Kumar, Prof. G.C.V. SubbaRAo's
Family Law in India, (Gogia& Co., 2018)
55
Articles from Journals:
1. Family Law Special Issue, JILI Vol. 45 (2003) (Full Journal July - Dec)
2. Kusum, Is a Restitution Decree Sexploitative? Need for Relook?,JILIVol. 61 (2019)
p.144 - 48
3. Vijendar Kumar, Quest for Prenuptial Agreement in Institution of Marriage: A Socio-

legal Approach, JILI Vol. 60 (2018) p.406 - 26
4. Nanda Chiranjeevi Rao, Marriage Agreements Under Muslim Law – A weapon in the
Hands of Muslim Women,JILI, Vol. 55 (2013) p.94 - 103
5. Lucy Carroll, Religious Conversion and Polygamous Marriage,JILI Vol. 39 (1997)

p.272 - 80
Further Readings:
Books:
1. P.V. Kane, History of Dharma Sasthra, 5 Volumes, (1962)

2. Mulla, Principles of Mahommedan Law , (Lexis Nexis, 22nd ed.2017)
3. Mayne, Treatise on Hindu Law & Usage (Bharat Law House, 17th Ed.2014)
4. Kusum, Cases and Materials on Family Law, (Lexis Nexis, 4th ed. 2015)
5. Kumud Desai, Indian Law of Marriage & Divorce (11th ed. 2020)
6. Paras Diwan, Law of Adoption, Minority, Guardianship and Custody, (Univrsal
Publishing Co. 2016)
7. P K Das, Law Relating to Cruelty to Husband - Divorce and Maintenance to Wife,
(Universal Law Publishing Co. 4th ed. 2017)
8. Universal Concise Commentary, Muslim Laws (With Exhaustive Case Law)
(Universal Law Publishing Co. 2016)
9. Hari Dev Kohli, Supreme Court on Hindu Law,(Universal Law Publishing Co. 2016)
10. Srinivasan M.N. , Commentaries on Hindu Law, (Delhi Law House, 5th Revised New
Edition in 2 Vols.)
Journals
1. Zoe Rathus (2020) A history of the use of the concept of parental alienation in the
Australian family law system: contradictions, collisions and their
consequences, Journal of Social Welfare and Family Law, 42:1, 5-
17, DOI: 10.1080/09649069.2019.1701920
https://www.tandfonline.com/action/showCitFormats?doi=10.1080%2F09649069.2019.1701
920
56
2. Justin Jones (2020) Towards a Muslim Family Law Act? Debating Muslim women's
rights and the codification of personal laws in India, Contemporary South
Asia, 28:1, 1-14, DOI: 10.1080/09584935.2019.1684444
https://www.tandfonline.com/doi/full/10.1080/09584935.2019.1684444
3. Jaiswal & Arunima Singh, Decoding Same-Sex Marriage Under the ‘Holy’ Hindu
Marriage Act, 1955https://www.manupatrafast.com/articles/articleSearch.aspx
4. Mahavir Singh Kalon, DNA Technology and Legal Issues in India, Delhi Law
Review, Vol. XXV, 2003
5. Stellina Jolly &M.S.Raste, Rape and Marriage : Reflections on the Past, Present and
Future, Vol. 47JILI, 2006
6. Jyoti Rattan, Uniform Civil Code in India: A Binding Obligation under the
International and Domestic Law, Vol 46 JILI 2004
7. A.K.Bhandari, Adoption Amongst Mohammedans- Whether Permissible in

Law,Vol.47 JILI 2005
8. Lucy Carroll, Religious Conversion and Polygamous Marriages, Vol.39 JILI 1997
9. Anjani Kant, Right of Maintenance to Indian Women, Vol.38,JILI 1996
10. M.S.Balaganesan, Speedy Remedy or Murky Muddle? Tragedy of Divorce on Ground
of Mutual Consent, Vol. 36 JILI, 1994
Cases for Guidance:

1. Danial Latifi and another v. Union of India (2001) 7 SCC 740
2. Sarala Mudgal v. Union of India, (1995)3 SCC 635
3. Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (1) SCALE 767; AIR 1985 SC 945
4. Pratibha Rani vs Suraj Kumar & Anr,1985, 1985 AIR 628, 1985 SCR (3) 191
5. Shoba Rani v. Madhukar Reddy, 1988 AIRSC 121
6. Shamim Ara v. State of U.P. (MANU/SC/0850/2002)
7. ShayaraBano v. Union of India and others, Writ Petition (C) No. 118 of 2016
8. Lata Singh v. State of Uttar Pradesh, 2006 (6) SCALE 583
9. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469
10. Seema v. Ashwani Kumar, AIR 2006 S.C 1158
11. Dhanwanti Joshi v Madhav Unde (1998) 1 SCC 11
12. T. Sareeta v. T. Venkata Subbaih, AIR 1983 AP 356
13. Saroj Rani v Sudarshan Kumar, AIR 1984 SC 1562
14. Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228
15. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534
57
Learning Outcome:
After the completion of the course the students will be able to:
1. A study of this course will enlighten the students on the factors that determine the
legality of domestic relationship,
2. The learning of the subject gives an understanding of both the personal law and
secular law that regulates domestic relationship.
3. The student will be able to compare the personal laws as it existed before codification
and appreciate the welcoming changes after codification and subsequent
developments.
4. The study helps to understand secularization of personal laws in the background of

the Constitutional Law and to ralize the feasibility of UCC
58
THIRD YEAR
SIXTH SEMESTER
MANAGERIAL ECONOMICS
This course provides an overview of economic tools and analytic approaches
available to the manager for business decision making. To make students equipped with the
right attitudes and skills towards achieving greater levels of managerial effectiveness. It
includes such topics as pricing, forecasting, demand analysis, production and cost analysis,
and macroeconomic policy as it affects the business environment. The purpose of this course
is to develop an economic perspective that is appropriate for students aspiring to manage
business units or entire companies in a wide variety of industries.
COURSE OUTLINE
Module I: Introduction
1. Meaning – Definition- Nature and Scope of Managerial Economics
2. Importance of the study of Managerial Economics
3. Role of a Managerial Economist
4. Process of Business Decisions Making - Risk and Uncertainty.
Module II: Demand Forecasting

1. Meaning – Definition – Types Demand Forecasting
2. Objectives of Demand Forecasting
3. Criteria for the Good Forecasting
4. Methods of Demand Forecasting- Qualitative and Quantitative Techniques
5. Steps Involved in Demand Forecasting for a New Products
Module III: Production Analysis

1. Production Function - Returns to factors - Production Decision
2. ISO-Quant – ISO- Cost Analysis - Production Possibility
3. Expansion Path -Optimum Product Mix of Multi-Product Firm
4. Cobb Douglas production function.
59
Module III: Cost Analysis
a. Meaning of Cost- Applications and Types of Costs
b. Derivation of Cost Functions is an associated with Production function
c. Role of Cost in Managerial Decision Making
d. Uses of Break Even Analysis (BEP)
Module IV: Objectives of Firm and Managerial Behaviour

a. Introduction- Objectives of Firm- Profit Maximisation Model
b. Utility Maximisation by Entrepreneur and Owner
c. Baumol’s Static and Dynamic Model
d. Indian Sale of Goods Act 1930
Module V: Theories Product Pricing in Practice

a. Meaning of Market- Characteristics of Market
b. Collusive Oligopoly: Price and Output under Cartel- Price Leadership
c. Types of Price Leadership
d. Kinked Demand Curve- Cournot’s Duopoly Model
Module VI: Macro Economic Policy

a. Introduction - Economic Stability- Instruments of Economic Stability
b. IS-LM Interaction
c. Monetary Policy –Objectives – Tools and Effects
d. Fiscal Policy - Issues and Challenges
e. Business Cycles – Phases and Business Decisions.
Module VII: Inflation & Deflation and Capital Budgeting

a. Inflation - Meaning and Kinds - Measures to Control Inflation
b. Deflation - Capital Budgeting
c. Meaning- Features - Methods and Its advantages and Limitations
d. Implications Capital Budgeting Techniques.
60
Books:
1. Dominic Salvatore, 2016, Managerial Economics: Principles and worldwide Application,
Mc.Graw Hill Inc, New York
2. R.L. Varsney, &. K.L Maheswari, 2017, Managerial Economics, Sultan Chand & Sons.,
New Delhi.
3. H.L. Ahuja, 2007, Business Economics, Sultan Chand &Sons., New Delhi.
4. Baumol, William J., 1995, Economic Theory and Operation Analysis, Prentice Hall of
India Pvt. Ltd., New Delhi.
5. P.L. Metha – Managerial Economics, Sulton Chand & Sons, New Delhi, Latest edition
1997.

1. Rubin, P., &Dnes, A. (2010). EDITORIAL: Managerial Economics: A Forward
Looking Assessment. Managerial and Decision Economics, 31(8), 497-501. Retrieved
March 31, 2020, from www.jstor.org/stable/40958978.
2. D. N. Sen Gupta. (1968). Long-Term Demand Forecasting: An Approach. Economic
and Political Weekly, 3(48), M69-M76. Retrieved March 31, 2020, from
www.jstor.org/stable/4359384.
3. Silva, E., &Stefanou, S. (2003). Nonparametric Dynamic Production Analysis and the
Theory of Cost. Journal of Productivity Analysis, 19(1), 5-32. Retrieved March 31, 2020,
from www.jstor.org/stable/41770103.
4. Stretton, H. (1999). Costs of production: Analysis. In Economics: A New Introduction (pp.
389-397). Pluto Press. doi:10.2307/jctt183q4wb.35.
5. Kite, R., &Steckler, A. (1974). A Cost Analysis Strategy for Education. Educational
Technology, 14(7), 49-54. Retrieved March 31, 2020, from
Further Readings:
Books:
1. D.N. Dwivedi, 2000, Managerial Economics, Vikas Publishing House Pvt. Ltd., New
Delhi
2. H. Cohen, Kalman J and Richard M Cyert, The Theory of Firm: Resources Allocation in
Market Economy, Prentice Hall of India Pvt. Ltd., New Delhi (Latest edition) .
61
3. Lipsey and Chrystal. (2008). Economics (11th edition). Oxford University Press.
4. Pindyck, Rubinfeld and Mehta. (2009). Micro Economics (7th edition). Pearson
Publications.
5. Stonier and Hague, A Text Book of Economic Theory, (1958), Long Mans Green & Co.,
London.
6. Douglas B. Bernheim and Michael D. Whinston. (2009). Microeconomics, Tata McGraw-
Hill (India).
7. Joseph E. Stiglitz and Carl E. Walsh (2007). Economics, W.W. Norton & Company, Inc.,
New York, International Student Edition, 4th edition.
8. Gregory N Mankiw (2007). Economics: Principles and Applications, India edition by
South Western, a part of Cengage Learning, Cengage Learning India Private Limited, 4th
edition.
9. Sundharam KPM, M C Vaish, Principles of Economics-13th Revised Edition, Vikas
Publishing House Pvt Ltd.
10. Tyagi B.P Public Finance 5st Edition, Jai Prakash&co.

1. Ministries of MSME, GOI
2. Journal of Economics and Management strategies
3. Journal of Business Economics and Management
4. Journal of Management science
5. Journal of International Business and Economics
6. Winn, D., &Shoenhair, J. (1988). Compensation-Based (Dis)Incentives for Revenue-
Maximizing Behavior: A Test of the "Revised" Baumol Hypothesis. The Review of
Economics and Statistics, 70(1), 154-158. doi:10.2307/1928164
7. Martini, G. (2000). Price Competition with Discounting and Kinked Demand: An
Experimental Study. RivistaInternazionale Di ScienzeSociali, 108(4), 377-408. Retrieved
March 31, 2020, from www.jstor.org/stable/41624052
8. Rao, M. (2002). State Finances in India: Issues and Challenges. Economic and
Political Weekly, 37(31), 3261-3271. Retrieved March 31, 2020, from
9. Klammer, T. (1972). Empirical Evidence of the Adoption of Sophisticated Capital
Budgeting Techniques. The Journal of Business, 45(3), 387-397. Retrieved March 31,
2020, from www.jstor.org/stable/2351494
62
10. Brick, I., & Weaver, D. (1984). A Comparison of Capital Budgeting Techniques in
Identifying Profitable Investments. Financial Management, 13(4), 29-39. Retrieved
March 31, 2020, from www.jstor.org/stable/3665299
Learning Outcomes:
e) Understand the internal and external decisions to be made by managers with legal
principles through help of economics in the precise manner and distribution of income
and wealth of nation to ensure welfare of each individual.
f) Analysis the real-world business problems with a systematic theoretical framework and to
make optimal business decisions by integrating the concepts of economics, mathematics
and statistics in accordance with global scenario.
g) Understand how to use limited means to present and retain for the future unlimited wants
and how the law can support the functioning of the market and the government, the other
two important organising forces of an economy.
h) Develop an inter-disciplinary approach and enhance the employability of students.
63
PUBLIC POLICY, GOVERNANCE AND LAW
The course Public Policy, Governance and Law provide an opportunity to the student to
learn the basic areas of public policy on the largest gamut of its canvas. The present course
is aimed to provide an in-depth understanding of the basic tenets and trends of law and
governance.
COURSE OUTLINE
Module I
Theories and Process of Public Policy Making.
• Meaning, Nature and Scope of Public Policy – Theories and Models of Policy
Making.
• Perspectives of Policy Making – Process Institutions of Policy Making.
• Concept and Techniques of Policy Implementation and Policy Evaluation.
Module II
Introduction to Governance; Definitions, Issues and Controversies.
(a) Reinventing Government – Reforming Institutions– The State Market and Public
domain.
(b) State and Governance – Origin and types of State – Democratic State and Democratic
Administration – Governance as Government
Module III
Techniques of Governance.
(b) Rule of Law and Human Rights – Accountability – Participation –

Representation.
(c) Techniques of Governance – Openness and Transparency.
(d) Citizen Charter –Social Audit.
64
Module IV
Legal Foundations.
1. Fundamentals of Administrative Law – Relationship between Law and

Administration.
2. Governance as Execution of Law – Values and Context of Legal and Administrative
Process –Constitution.
3. Rule of Law and Administrative Law French, British and German Contexts.
Module V
Law and Governance.
3. Concepts relating to administrative law – Rule of Law – Doctrine of Separation of

Powers.
4. Principles of Checks and Balances – Doctrine of Ultra-vires – Delegated Legislation
–Principles of Natural Justice, Administrative Adjudication.
5. Review of Administrative acts and redress of grievances –Vigilance and Control.
6. Quasi-Judicial Governance; Administrative Tribunals , National Water Tribunal,
National Green Tribunal.
Module VI
Engaged Policy and Governance.
8. Participatory Governance – Democracy and Development –Political Regimes –

Political Participation and Social Inclusion.
9. Innovations and Pitfalls in Participatory Governance –Government Transparency in
Policy Decisions.
10. Engaging the Community at Grassroots – Level Issues in Engagement and
Participation. Case Studies a) Grameen Bank in Bangladesh b) Participatory
Budgeting, Brazil
65
Books:
5. CUP. Bevir, Mark (2009), Key Concepts in Governance, Sage, London.
6. Bevir, Mark, ed. (2010) The Sage Handbook of Governance. Thousand Oaks, CA:
Sage Publications. Bovaird, Tony and ElkeLöffler, eds. (2009) Public Management
and Governance Second Edition. London: Routledge.
7. Farazmand, Ali and Jack Pinkowski, eds. (2006) Handbook of Globalization,
Governance, and Public Administration. London: CRC/Taylor & Francis.
8. Hajer, Maarten, and HendrikWagenaar (2003) “Introduction.” In Deliberative Policy
Analysis: Understanding Governance in the Network Society, ed. Maarten A. Hajer
and HendrikWagenaar. Cambridge, UK: Cambridge University Press.
9. Kjaer, A (2004) Governance. Cambridge, UK: Polity Press.
Journals:
6. Jayal, N. G., Amit, P., & Sharma, P. K. (2006). Local governance in India:
decentralization and beyond. Local governance in India: decentralization and beyond.
7. Kumar, A., &Narain, V. (2014). Public policy and governance in India.
8. Naidu, G. M., Cavusgil, S. T., Murthy, B. K., &Sarkar, M. (1997). An export
promotion model for India: Implications for public policy. International business
review, 6(2), 113-125.
9. Monga, A. (2008). E-government in India: Opportunities and
challenges. JOAAG, 3(2), 56.
10. Harriss, J. (2007). Antinomies of empowerment: observations on civil society, politics
and urban governance in India. Economic and Political Weekly, 2716-2724.
11. Bhagat, R. B. (2005). Rural‐urban classification and municipal governance in
India. Singapore Journal of Tropical Geography, 26(1), 61-73.
Further Readings:
Books:
1. Hajer, Maarten, and HendrikWagenaar (2003) “Introduction.” In Deliberative Policy
Analysis: Understanding Governance in the Network Society, ed. Maarten A. Hajer
and HendrikWagenaar. Cambridge, UK: Cambridge University Press.
2. Kjaer, A (2004) Governance. Cambridge, UK: Polity Press.
66
3. Kooiman, Jan ed. (1993) Modern Governance: New Government-Society Interactions.
London: Sage. Kooiman, Jan. (2003) Governing as Governance. London: Sage.
4. Kooiman, Jan ed. (1993) Modern Governance: New Government-Society Interactions.
London: Sage. Kooiman, Jan. (2003) Governing as Governance. London: Sage.
5. Morrison, Donald (1945) “Public Administration and the Art of Governance.” Public
Administration Review 5:1: 83-87
6. Anderson J.E., (2006) Public Policy-Making: An Introduction,
Boston,HoughtonBardach,
7. Eugene (1977), The Implementation Game: What Happens After a Bill Becomes a
Law, Cambridge,
8. MA: MIT Bergerson, Peter J. (ed.), (1991), Teaching Public Policy: Theory, Research
and Practice, Westport, RI: Greenwood Press
9. Eugene (1977), The Implementation Game: What Happens After a Bill Becomes a
Law, Cambridge,
10. MA: MIT Bergerson, Peter J. (ed.), (1991), Teaching Public Policy: Theory, Research
and Practice, Westport, RI: Greenwood Press
Journals:
a. Bhagat, R. B. (2005). Rural‐urban classification and municipal governance in
India. Singapore Journal of Tropical Geography, 26(1), 61-73.
b. Lele, U. J. (1971). Food grain marketing in India. Private performance and public
policy. Ithaca, NY/London: Cornell University Press.
c. Marcesse, T. (2018). Public policy reform and informal institutions: The political
articulation of the demand for work in rural India. World development, 103, 284-296.
d. Joshi, A., & Aoki, M. (2014). The role of social capital and public policy in disaster
recovery: A case study of Tamil Nadu State, India. International Journal of Disaster
Risk Reduction, 7, 100-108.
e. Sabatier, P. A. (1991). Political science and public policy. PS: Political Science &
Politics, 24(2), 144-147.
f. Spiller, P. T., &Tommasi, M. (2003). The institutional foundations of public policy: a
transactions approach with application to Argentina. Journal of Law, Economics, and
Organization, 19(2), 281-306.
g. Heikkila, T., &Gerlak, A. K. (2013). Building a conceptual approach to collective
learning: Lessons for public policy scholars. Policy Studies Journal, 41(3), 484-512.
67
h. Preston, L. E., & Post, J. E. (1981). Private management and public policy. California
Management Review, 23(3), 56-62.
i. Preston, L. E., & Post, J. E. (1981). Private management and public policy. California
Management Review, 23(3), 56-62.
j. Lascoumes, P., & Le Galès, P. (2007). Introduction: understanding public policy
through its instruments—from the nature of instruments to the sociology of public
policy instrumentation. Governance, 20(1), 1-21.
Learning Outcomes
After completion of the course the students will be able to -
• Clear understanding about the ideas, mechanisms, practices, and outcomes that
comprise public policy
• Critically analyze the ideas, mechanisms, practices and outcomes that shape public
policy and governance problems, programs and policies.
• Provide purposive solutions by framing problems, providing programmatic
solutions, undertaking policy and governance research
• Develop meaningful and equitable solutions to contemporary problems in Public
Policy and Governance
68
PRINCIPLES OF MARKETING

As law firms begin their growth journeys and the legal marketplace gets more
competitive, carving a piece of the market is vital to stay afloat. Law firm marketing can be
scaled down, professional and intelligent. This course objective enables a student to
understand the fundamentals of marketing concept, ‘Marketing mix’ elements and strategies
and principles underlying the modern marketing practices.
COURSE OUTLINE
Module I: Introduction of Marketing and Law Firm Growth

a) Marketing – Meaning, Concepts, Importance and Functions of Marketing.
b) Marketing - Fundamentals and Approaches.
c) Difference between Marketing, Market and Selling.
d) Objectives of Marketing Management – New Thoughts in Marketing.
Module II: Market Segmentation

a) Market Segmentation - Meaning and Definition, Merits, Demerits and Cost of Market
Segmentation.
b) Bases of Market Segmentation – Market Segmentation vs Product Differentiation.
c) Marketing Mix – 4 P’s of Marketing.
d) Target Marketing – Product Positioning.
Module III: Product Decisions
a) Product – Meaning and Concept of Product.
b) Classificationof Products.
c) Major Product Decisions – Product Line and Product Mix.
d) Product Life Cycle.
e) New Product Development and Consumer Adoption Process.
Module IV: Branding
a) Brand - Meaning of Brand and Branding, Importance of Brand Name and Brand Mark.
b) Types of Brands – Trade Mark,Trade Name, Patents and Copyright.
c) Characteristics of Good Brand Name.
d) Pros and Cons of Branding.
69
Module V: Packaging and Labelling
a) Packaging – Definition, Objectives and Functions of Packaging.
b) Essentials of Good Packaging.
c) Packaging Strategies.
d) Labelling – Meaning, Purpose and Kinds.
Module VI: Pricing Decisions

a) Pricing - Meaning, Objectives and Importance of Pricing.
b) Methods of Price determination.
c) Factors Affecting the Price Determination.
d) Merits and Demerits of Price Fixations.
e) Pricing policies and strategies – Discountsand rebates.
Module VII: Issues and Developments in Marketing

a) Social, Ethical and Legal aspects of Marketing.
b) Marketing of Services – International Marketing.
c) Developments in Marketing – GreenMarketing – Cyber Marketing –
RelationshipMarketing.
Books:
1. Philip Kotler, Marketing Management, Prentice Hall of India (Pvt.) Ltd, New Delhi, 2016.
2. R.S.N. Pillai and Bagavathi, Modern Marketing, Sultan Chand & Sons, New Delhi.
3. Dr. L. Natarajan, Marketing Management, Margham Publications, Chennai, 2019.
4. Stanton, Etzel, Walker, Fundamentals of Marketing, Tata-McGraw Hill, New Delhi.
5. McCarthy, E.J., Basic Marketing: A Managerial Approach, Irwin, New York.
70
1. Camilleri, Mark. (2017). “Market Segmentation, Targeting and Positioning”. 10.1007/978-
3-319-49849-2_4.
2. Gupta, Suraksha&Gallear, David & Rudd, John &Foroudi, Pantea. (2020). “The Impact of
Brand Value on Brand Competitiveness”. Journal of Business Research. 112. 210-222.
10.1016/j.jbusres.2020.02.033.
3. Touzé, Florence. (2020). “The Brand”. 10.4324/9781003010340-5.
1. S, Jayanthy& R, Velanganni& G, Santhosh. (2019). “A Study on Market Segmentation”.
Journal of Advanced Research in Dynamical and Control Systems. 11. 1356-1361.
10.5373/JARDCS/V11/20192749.
2. Remeňová, Katarína. (2019). “Pricing Decision Making Process”.
Further Readings:
Books:
1. Aaker, David A. etc., Advertising Management, 8th Edition, PHI, 2013.
2. Belch, George E. and Belch, Michael A.; Advertising and promotion, Tata McGraw Hill,
New Delhi.
3. Ogilvy David, Ogilvy on Advertising, London, Longman.
4. Jones, John Philip, What’s in a brand, Tata McGraw Hill, New Delhi.
5. Chunawalla, S.A., Advertising, Sales and Promotion Management, Himalaya Publishing
House, Mumbai.
6. Mohan, Manendra, Advertising Management, Tata McGraw Hill, New Delhi.
7. Sandage and Fry burger, Advertising Management.
8. Kotler, Philip, "Marketing Management: Analysis, Planning, Implementations and
Control", PearsonEducation, New Delhi, Latest Edition.
9. Douglas, J. Darymple& Leonard J. Parsons, “Marketing Management: Text and Cases”,
Seventh Edition, John Wiley and Sons, 2012.
10. Bull, Victor P., "Marketing Management: A Strategic Planning Approach", McGraw
Hill, New York.
71
Journals:
1. International Journal of Marketing
https://www.journals.elsevier.com/international-journal-of-research-in-marketing
2. International Marketing Review
http://emeraldgrouppublishing.com/products/journals/journals.htm?id=imr
3. Asia Pacific Journal of Marketing and Retail Management(EAPJMRM)
http://www.elkjournals.com/EAPJMRM.asp
4. Journal of International Marketing
https://www.ama.org/publications/JournalOfInternationalMarketing/Pages/About.aspx
5. International Journal of Research in Marketing
http://www.journals.elsevier.com/international-journal-of-research-in-marketing/
6. Industrial Marketing Management
http://www.journals.elsevier.com/industrial-marketing-management/
7. Journal of Marketing Management
http://www.tandfonline.com/loi/rjmm20
8. Hasan, Jahid. (2020). “Green Marketing in Fashion: A Critical Analysis of Green
Marketing for Apparel Mass Market”. 10.13140/RG.2.2.25077.73447.
9. Ahmad, Nawaz &Billoo, Mohib&Lakhan, Asad. (2012). “Effect of Product Packaging in
Consumer Buying Decision”. Journal of Business Strategies, ISSN: 1993-5765. 6. 1-10.
10. Achrol, Ravi S. (1991), “Evolution of the Marketing Organization: New Forms for
Dynamic Environments,” Journal of Marketing, 55 (October), 77–93.
Learning Outcomes:
• After completion of the course, Students will be able to -
• Understand the marketing world in order to have critical and creative thinking on
developing various marketing strategies, so as to become a competent lawyer.
• Recognize the basic marketing principles and concepts and exposure on Brand wars
going on among several companies.
• Have critical thinking on how to solve various marketing related cases, such as
Advertisement Ethics Issues, Promotional Strategies Issues and Consumer Issues.
• Obtain constructive knowledge on Product Decisions, Market Segmentation, Pricing
Strategies, Packaging and Labelling and Virtual Marketing Strategies.
72
CONSTITUTIONAL LAW – I
The purpose of the course is to acquaint the students with the meaningful
understanding of basic philosophical tenets of Constitutional Law, and to train them in the
fundamental legal structures and concepts that are found in Constitutions across the world,
such as Constitutional Supremacy, basic rights, rule of law, judicial review, systems.
1. The Study emphasises the nature and fundamental principles enshrined in the
Constitution.
2. It helps to analyse critically the significant judicial decisions that highlights the
development of Constitutional Jurisprudence.
3. It enables the students to articulate their independent views over contemporary
constitutional issues.
4. It provides legal framework and the touchstone on the basis of which the
constitutionality of laws are examined
Course Outline
Module – I: Classification of Constitution and Governments

a. Definition and meaning of Constitution Kinds of Constitution,
b. Meaning of Constitutionalism, features of Indian Constitution
c. Conventions –Significance,
d. Theory of Separation of Powers – Latimer House Principles –
e. Co-operative Federalism – Essentials of Federalism ,
f. Executive – Parliamentary, Presidential – Combination of Both
Module – II: Preamble, Union and its Territories and Citizenship
a. Preamble: Meaning, Scope, Importance, Objectives and Values –

b. Union and its Territories (Art1-4) –
c. Citizenship: (Art 5-11) – Citizenship at the commencement of the Constitution
d. Deprivation and the renunciation of the Citizenship
e. Parliament power to regulate – Citizenship under the Citizenship Act.
Module –III: Introduction to Fundamental Rights
a. UDHR: Influence of UDHR on the Indian Constitution

b. State: Definition and meaning, Article 12, New Judicial trends on concept of State –
c. Law: Definition and Meaning of Pre- Constitutional and Post- Constitutional Laws,
Various Doctrines like Eclipse, Severability and Ultravires,
d. Judicial Review and Article 13 –
e. Amendment: Constitutional Processes of Adaptation and Alteration (Article 368)-
Methods of constitutional amendment- Power and Procedure to amend the
Constitution - Limitations upon constituent power- Doctrine of Basic Structure -
Development of the Basic Structure - Judicial Review of Legislations included in the
Ninth Schedule
73
Module – IV: Fundamental Rights - I
a. Right to Equality: General Equality Clause under Article 14, Judicial Interpretation
on Equality– Reasonable Classification.
b. Protective Discrimination Clause, Reservation and Social Justice under Articles 15 and
16, Equality and Reservation,
c. Equality of opportunity in public employment – Art 16,
d. Constitutional Provisions on Untouchability and abolition of Titles.
e. Right to Freedom: Freedom of Speech and Expression - Art 19, Scope and Ambit-
Art 19(1) (a) and (2); other freedoms From 19 (1) (b) to (g) ,
f. Balance between individual interest and collective interest,
g. Reasonable restrictions on Right to Freedom under Article 19(2) to 19(6)
h. Judicial interpretation on Right to Strike and Bandh - Right to Information.
Module – V: Fundamental Rights - II
a. Right to Liberty: Art 21 - Right to Life and Personal Liberty, Meaning and Scope,
Procedure established by law,
b. Judicial Interpretation on Life and Liberty, Applicability of concept of
reasonableness. Difference between Due Process and Procedure Established by Law
c. Rights of the Accused: Article 20 - Rights of the arrested person, Ex-post Facto –
Double Jeopardy – Self-incrimination,
d. Article 22 – Preventive Detention, Right against Preventive Detention, Exceptions,
Safeguards against Preventive Detention.
e. Right against exploitation – Forced labour and child employment
Module – IV: Fundamental Rights - III
a. Freedom of Religion: Articles 25-28, Secularism, Judicial Interpretation, Restrictions

on Freedom of Religion.
b. Cultural and Educational Rights: Articles 29-30, Protection on Minorities, Recent
trends on Minority Educational Institutions.
c. Right to Constitutional Remedies: Article 32 and 226, Writ Jurisdiction –
Definition, Nature, Scope and functions, PIL, Compensatory Jurisprudence, Various
Writs
Module – VII: Directive Principles of State Policy and Fundamental Duties
a. Directive Principles- directions for social change- A new social order

b. Fundamental Rights and Directive Principles - inter-relationship - judicial balancing -
Constitutional amendments – to strengthen Directive Principles
c. Reading Directive Principles into Fundamental Rights, Judicial Approach.
d. Fundamental Duties: The need and status in constitutional set up, Interrelationship
with fundamental rights and directive principles,
e. Enforcement of Fundamental Duties.
74
1. H.M.Seervai, Constitutional Law of India, Vol.1-3,Universal Law Publishing - An

imprint of LexisNexis; 4th edition (2015)
2. D.D.Basu, Commentary on the Constitution of India (1-10 Volumes) Lexis Nexis

Butterworths, Wadhwa, Nagpur (2009)
3. M.P.Singh (ed.), V.N.Shukla’s Constitution of India (EBC, Lucknow,2017)
4. M. P. Jain- Indian Constitutional Law- (Lexis Nexis2014)
5. Mahendra P. Singh(ed.) Comparative Constitutional Law- Festchrift in Honour of

Prof.P.K.Tripathi, (EBC, Lucknow,2011)
Articles From Journals

1. UpendraBaxi, The Rule of Law in India, 6 SUR - Int'l J. on Hum Rts. 7 (2007).
https://heinonline.org/HOL/P?h=hein.journals/surij6&i=7
2. Journal: 50 years (1958 – 2008) JILI Special Issue, Volume 50, Oct-Dec, (2008)
3. Soli J Sorabjee (1999) Introduction to Judicial Review in India, Judicial Review, 4:2,
126-129, DOI: 10.1080/10854681.1999.11427060.
4. S. P. Sathe, Judicial Review in India: Limits and Policy, 35 Ohio St. L.J. 870
(1974).https://heinonline.org/HOL/P?h=hein.journals/ohslj35&i=880
5. Ramaswamy R. Iyer. “Public Enterprises as 'State' and Article 12.” Economic and
Political Weekly, vol. 25, no. 34, 1990, pp. M129–M134. JSTOR,
Further Readings:
Books:
1. Dr. Narender Kumar, Constitutional Law of India(Allahabad Law Agency,2019)

2. Udai Raj Rai, Constitutional Law – I Structure, (EBC, 2016)
3. Udai Raj Rai, Fundamental Rights and Their Enforcement(EBC – e-Book –Amazon)
4. Constituent Assembly Debates Vol. 1 to 12 (1989)
5. Granville Austin, Working a Democratic Constitution - A History of the
Indian Experience (Oxford University Press, 2014)
6. Mamta Rao, Constitutional Law, (EBC, Lucknow 2013)
75
7. Sathya Narayan (ed.), Selected Works of S.P.Sathe& Constitutionalism (2015),
Oxford
8. M. Galanter, Competing Equalities - Law and the Backward Classes in India (1984)
Oxford
9. N.A.Subramaniam – Case law on the Indian Constitution(1969)
10. Report of the National Commission to Review the Working of the Constitution
(NCRWC)
Journals:
1. Bakshi, P. M. "Comparative Law: Separation of Powers in India." American Bar

Association Journal 42, no. 6 (1956): 553-95..www.jstor.org/stable/25719656.
2. Kumar, Virendra. “Basic Structure of The Indian Constitution: Doctrine Of

Constitutionally Controlled Governance [From KesavanandaBharati to I.R. Coelho].”
JILI vol. 49, no. 3, 2007, pp. 365–398. JSTOR, www.jstor.org/stable/43952120.
3. Rao, P.P. “RIGHT TO EQUALITY AND THE RESERVATION POLICY.” Journal
of the Indian Law Institute, vol. 42, no. 2/4, 2000, pp. 193–203. JSTOR,
.
4. Bhat, P. Ishwara. “Tracing Right To Property In The Bosom Of Right To Life And
Personal Liberty : Comparative Reflection On Recent Constitutional Developments In
America, Canada And India.”JILI, vol. 38, no. 1, 1996, pp. 13–37. JSTOR,
5. S. P. Sathe, Judicial Activism: The Indian Experience, 6 Wash. U. J.L. &Pol'y 29

( 2001).https://heinonline.org/HOL/P?h=hein.journals/wajlp6&i=33.
6. Brian Z. Tamanaha, The History And Elements Of The Rule of Law, Singapore
Journal of Legal Studies [2012]. https://law.nus.edu.sg/sjls/articles/SJLS-Dec-12-232.pdf.
7. Manoj Mate, The Origins Of Due Process In India: The Role of Borrowing In
Personal Liberty And Preventive Detention Cases, 28 Berkeley J. Int'l L. 216 (2010).
https://heinonline.org/HOL/P?h=hein.journals/berkjintlw28&i=218
8. Pillai, K. N. Chandrasekharan. “SUPREME COURT ON CASTE CONVERSION

AND RESERVATION.” Journal of the Indian Law Institute, vol. 47, no. 4, 2005, pp.
540–543. JSTOR, www.jstor.org/stable/43952001.
9. Lloyd I. Rudolph & Susanne Hoeber Rudolph (1981) Judicial review versus
parliamentary sovereignty: The struggle over stateness in India, The Journal of
Commonwealth &Comparative Politics. DOI: 10.1080/14662048108447387
76
10. Haqqi, S. A. H. “POSITION OF THE STATES UNDER THE INDIAN
CONSTITUTION.” The Indian Journal of Political Science, vol. 22, no. 1/2, 1961,
pp. 43–52., www.jstor.org/stable/41853869
Landmark Cases for Guidance:

1. In re BerubariAIR 1960 SC 858
2. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
3. R.D.Shetty v. International Airport Authority of India, AIR 1979 SC1928
4. Marbury v. Madison , 21 Ed. 60
5. Visakha v. State of Rajasthan, AIR, 1997SC 3011
6. Air India v. NargeshMeerza,AIR 1981 SC 1829
7. A.K.Gopalan v. State of Madras, AIR 1950 SC 27
8. A.K. Roy v. Union of India, AIR 1982,SC 710
9. Balaji v. Sate of Mysore, AIR 1963 SC 649
10. Express Newpapers v. Union of India, AIR 1958 SC 578
11. Maneka Gandhi v. Union of India AIR 1978 SC 597
12. D.K.Basu v. State of West Bengal, AIR 1997 SC 610
13. BachapanBachaoAndolan v. Union of India, AIR 2011 SC 3361
14. S.R. Bommai v. Union of India, (1994) SCC 1
15. Sarala Mudgal v. Union of India, (1995) 3 SCC 635
Learning Outcome:
After the completion of the course the students will be able to -
1. The study of Constitutional Law as a Transformative Documentenhances ability to
apply law in addressing social problems.
2. The study of Mother Document upholds democratic spirit and constitutional values
promoting good governance and cultivating constitutional morality
3. It develops ability to design new social legislations and suggesting amendments to the
existing legislations.
4. The study enables the students as to how the Constitution tries to bring democracy out
of Public and extend it to private sphere and also ensures clear understanding of
professional and ethical responsibility arrangements.
77
FAMILY LAW-II
The main objective of the paper is to apprise the students with the laws relating to family
matters governing inheritance, succession, partition, with practical approach. The subject
makes the students to identify and understand the scheme of succession under the Hindu,
Muslim and Christian Laws. Further, with reference to uncodified Hindu Law, the matters
relating to Joint Family System, Coparcenary, Karta and his powers, partition and the Hindu
Religions Endowments are given in the syllabus for understanding the changes effected after
the passing of the Hindu succession Act, 1956 and other related Laws. Under Muslim Law
students can understand the principles behind the matters relating to Wakfs, Wills, Gifts and
Pre- Emption and also the Sunni and Shia Law of Inheritance. The students can learn the
details of Christian Law, a Part of the Indian Succession Act, 1925 and Law of Wills with
reference to Christian Law of Inheritance.
After undergoing the study of this paper the Student should be able to understand the
following:
1. Able to understand the personal laws relating to Succession, Partition and Religious
Endowments.
2. Identify the scheme of succession under various religious laws and able to understand the
past and present legal systems.
3. Analyse comparatively the testamentary and intestate succession under various religious
laws and appreciate the limitations provided for the same.
4. Able to understand the law relating to Hiba and Shuffa under Muslim Law.
COURSE OUTLINE
Module I: HINDU JOINT FAMILY AND COPARCENARY
a) Hindu Joint Family and Coparcenary – Meaning – Characteristics & Distinction.

b) Rights of Coparceners and Position of Female Coparceners.
c) Distinction between Mithakshara&Dayabhaga Coparcenary and Changes introduced
by The Hindu Succession (Amendment) Act, 2005.
d) Karta – Position – Powers - Rights and Duties.
e) Ancestral - Separate or Self Acquired Property & its Sources - Concept of Gains of
Learning - Alienation of Hindu Joint Family Property – Karta’s & Coparcener’s
Power of Alienation-Right to Challenge unauthorised Alienation.
Module II: PARTITION
a) Partition – Meaning - De Facto & De Jure Partition.

b) Subject matter of Partition & properties not capable of partition.
c) Persons having Right to Partition & Persons entitled only to Share in Partition.
d) Partial Partition - Modes of effecting Partition.
78
e) Re-opening and Re-union of Partition.
Module III: INTESTATE SUCCESSION UNDER HINDU LAW
a) General Principles of Succession under Hindu Law

b) Succession to Separate/ Divided property of a Hindu Male dying intestate – class I -
class II heirs - Agnates & Cognates.
c) Succession to Mithakshara Coparcener’s undivided interest.
d) Disqualifications under the Hindu Succession Act & its effect on Succession.
e) Hindu Woman’s Right to Property under the Hindu Succession Act, 1956 with the
changes effected by the Hindu Succession Amendment Act, 2005.
Module IV: INTESTATE SUCCESSION UNDER MUSLIM LAW & CHRISTIAN

LAW
a) Muslim Law of Succession – Sunni Law of Inheritance – Shia Law of Inheritance –
b) Christian Law of Inheritance – Relevant provisions under the Indian Succession Act,
1925.
c) Comparative analysis of right to property of women under different Religious and
Statutory Law.
Module V: TESTAMENTARY SUCCESSION
a) Testamentary Succession under Hindu, Muslim and Christian Law.

b) Limitation to Testamentation under various Religious and Statutory Law.
c) Will and Administration of Will - Codicil.
d) Lapse, Abatement and Ademption of Legacies.
e) Probate, Letters of Administration and Succession Certificate.
Module VI: GIFT AND PRE-EMPTION UNDER ISLAMIC LAW

a) Hiba - Nature and Characteristics of Hiba - Subject matter of Hiba – Effects of Hiba.
b) Kinds of Hiba – Revocation of Hiba – Marz-ul-maut.
c) Shuffa-Origin, Definition, Classification, Subject matter, Formalities, Procedure &
Constitutional validity.
Module VII: RELIGIOUS ENDOWMENTS AND WAKF

a) Hindu Religious Endowments.
b) Wakf. - Meaning - Formalities of Creation –Types and Administration of Wakf.
c) Mutawalli and his powers - Muslim religious Institutions and Offices.
79
Module VIII: PSDA (Professional Skill Development Activities)
a) Exercises on Distribution of Property.
b) Drafting a Deed of Hiba/Waqf/Wasiyat.
c) Preparation of Pleading for a Partition Suit.
Books:
1. Dr. Poonam Pradhan Saxena, Family Law Lectures: Family Law II, LexisNexis
Butterworth, India, 4th Edition 2018.
2. ASAF A.A.Fyzee , Edited and Revised by Tahir Mahmood, “Outlines of Muhammadan
Law”, Oxford University Press, 5thEdition 2009.
3. Kusum, “Family Law Lectures”, 2003, Lexis Nexis, New Delhi.
4. Mulla, “Principles of Mahomedan Law” by Hidayatullah, 19th Edition. LexisNexis
Butterworth, New Delhi.
5. Dr. Paras Diwan, “Modern Hindu Law”, Allahabad Law Agency, Faridabad (Haryana),
2018.
1. Hindu Law - Daughter: A Coparcenar, Kulkarni, K.V. All India Reporter, 2004 Mar.
2. Hindu Succession (Amendment) Act 2005: An Appraisal, Dash, U.N., All Indian
High Court Cases, 2007.
3. Hindu Women’s Right to Property (with special reference to The Hindu Succession
Act, 1956), Roy, Sujoy, PRP Journal of Human Rights, 2004, Oct. – Dec.
4. Law Commission of India: Proposal to amend The Hindu Succession Act, 1956 as
amended by 39 of 2005: Editor- Madras Law Journal, Madras Law Journal, 2008,
Feb.
5. Right of a Female Heir to claim Partition in a dwelling house under S.23 of the Hindu
Succession Act, 1956, Kumar, M.R. Pradeep, Madras Law Journal, 1993 184(1).
Further Readings:
Books:
1. Dr. Paras Diwan, “Muslim Law in Modern India”, Allahabad Law Agency,
Faridabad (Haryana), 2016.
2. Dr. Qureshi, M.A. - “Muslim Law”, 3rd edn. 2007, Central Law Publications,
Allahabad.
3. Dr. Tahir Mahmood & Dr. Saif Mahmood, Introduction to Muslim Law, Universal
Law Publishing – An imprint of Lexis Nexis, 2014.
4. R.K.Agarwal, “Hindu Law”, Central Law Agency, 2019.
5. B.M. Gandhi, “Family Law Vol II”, Eastern Book Company, Lucknow, 2013.
6. Dr. Paras Diwan’s Family Law, Allahabad Law Agency, 2018.
80
Journals:
1. S.23 of The Hindu Succession Act, 1956: A sober view point, Prasanna, C.Luxmi,
All India High Court cases, 2006, Mar.
2. S.6 and 29-A of The Hindu Succession Act: A critic, Ramakoti, M., All India
Reporter, 2003, Oct.
3. Some thoughts on Hindu Succession (Amendment) Act, Balasubramanian, K.G.,
Kerala Law Times, 2005 Oct.
4. State Amendment to Hindu Succession Act and conflict of Laws: Need for Law
Reform, Bhadhhade, Nilima, Supreme Court Cases, 2001.
5. Status of women under The Hindu Succession Act, 1956, Gupta, Suman, All India
Reporter, 2007, May.
6. Stridhana& Women’s Property Rights critical view under Hindu Succession Act,
1956 and Customary Hindu Law, Chakravarty, Padmaja, Apex court Expression,
2003.
7. Study of the amendments made in The Hindu Succession Act, 1956, Davda, C.R.,
All India High Court Cases, 2008, Feb.
8. The Hindu Succession Act, 1956 should the legal riddle under S.14 of the Act
continue forever? Kader, S.A., Madras Law Journal, 2008, Sep.
9. The Hindu Succession Act, 1956: Defects and anomalies in the Amending Act 39 of
2005, Murthy, A.S. Ramachandra, All India High Court Cases,2007 Jul.
10. Whether the Right of a Female to claim partition in a dwelling house under S.23 of
Hindu Succession Act, 1956 is a myth or reality, Jena, Krushna Chandra, Cuttack
Law Times, 1999, Sep.
11. Women’s Property Rights under traditional Hindu Law and The Hindu Succession
Act, 1956: Some observations, Jain, Prakash Chand, Journal of the Indian Law
Institute, 2003, Jul. - Dec.
Cases for Guidance:

1. P.G.Reddy v. GollaObulamma AIR 1971 A.P.,363(F.B.).
2. Narain Devi v. Ramo Devi AIR 1976 SC 2198.
3. Rajeshwari Rani v. NirjaGuleri AIR 1977 P&H, 123.
4. Thotappa v. G.Gurusiddappa AIR 1977 Kant, 175.
5. Nawazish Ali Khan v. Ali Raza Khan 75 I.A. 62.
6. Commissioner of Income Tax, West Bengal v. Sri Jagannathji AIR 1977 SC 1523.
7. Yousuf Rawther vs. Sowramma, AIR 1971 Ker. 261.
8. Sri Jiauddin Ahmed vs. Mrs. Anwara Begum, (1981) GLR 358.
9. Must. Rukia Khatun vs. Abdul KhaliqueLaskar, (1981) 1 GLR 375.
10. Masroor Ahmed vs. State (NCT of Delhi) &Anr. 2008 (103) DRJ 137.
11. VaddeboyinaTulasamma v. VaddeboyinaSheshaReddi, 1977 SCR (3).
12. Jiauddin Ahmed v. Anwara Begum (1981) 1 Gau.L.R. 358.
13. Masoor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137, para 27.
14. Nasir v. Sheena 2017 (1) KLT 300.
81
15. Shamim Ara vs State of U.P. &Anr. (2002) 7 SCC 518.
Learning Outcome:
After completion of the course students will be able to-
1. Understand the meaning and difference between intestate and testamentary
succession under various religious laws.
2. Appreciate the Hindu Joint Family system and coparcenary and also learn
about the Partition and its effects under Hindu Law.
3. Analyse comparatively the property rights of women in various Personal
Laws.
4. Understand the concepts like Hiba and Shuffa under Muslim Law.
82
THIRD YEAR
FIFTH SEMESTER
FINANCIAL MANAGEMENT

The main objectives of the course are to make the students to understand the basic
concepts of financial management, to decide optimum Capital Structure and to gain
knowledge about Leverage and Dividend Policy. This study will also lead the students to
acquire knowledge about the Working capital management.
COURSE OUTLINE
a) Meaning and Objectives of Financial Management
b) Functions and Importance of Financial Management - Profit maximisation Vs Wealth
Maximisation
c) Role of Financial Manager in an organization – Sources of Finance.
Module II: Capital Budgeting Decision

a) Introduction of Capital Budgeting – Objectives of Capital Budgeting – Types of Capital
Budgeting Decisions
b) Need and Significance of Capital Budgeting – Problems related to Capital Budgeting
c) Pay Back Method, Net Present Value (NPV), Internal Rate of Return (IRR) and
Accounting Rate of Return (ARR).
Module III: Cost of Capital

a) Meaning of Cost of Capital – Components and Importance of Cost of Capital
b) Computation of Cost of Capital, Cost of Equity, Cost of Preference Capital, Cost of Debt
and Cost of Retained Earnings – Weighted Average Cost of Capital
Module IV: Capital Structure Decision

a) Capital structures Planning – Meaning, Importance – Optimum Capital Structure
b) Factors Affecting Capital Structures – Theories of Capital Structures
c) Leverage – meaning – significance and types - Operating, Financial and Combined
Leverage.
83
Module V: Dividend Decision
a) Dividend – Meaning, Types - Dividend Policies – Factors affecting dividend payment
b) Company law provisions related to dividend payment
c) Computation of market price per share based on Walter’s model, Gordon’s Model and
M.M Hypothesis.
Module VI: Working Capital Management

a) Meaning, Concept and types of Working Capital – Components of working capital
b) Working Capital Operating Cycle – Factors Influencing Working Capital requirement
c) Preparation of statement of working capital requirements.
Books:
1. I.M. Pandey – Financial Management, Vikas Publishing House, New Delhi.
2. Prasanna Chandra – Financial Management, Financial Management, Tata McGraw Hill
Education Ltd, New Delhi.
3. M.Y.Khan and P.K. Jain – Financial Management, Tata McGraw Hill, New Delhi.
4. Srinivasan&Ramachandran – Financial Management, Sriram Publications, Trichy, 2010.
5. P. Periyasamy, Essential of Financial Management, Vijay Nicole Imprints Pvt Ltd., 2018.

1. Nguyen HuuAnh, Doan Thuy Duong and Sung Wook Yoon, “Capital Structure and Firm
Financial Performance in Vietnam”, International Journal of Accounting and
Finance,2018 Vol.8,No.2,pp.122-132,DOI: 10.1504/IJAF.2018.093255,,
https://www.inderscience.com/info/inarticle.php?artid=93255
2. K.M.K.N.S. Kulathunga; A.A. Azeez, “Ownership Structure and Dividend Policy: Application of Lintner’s
Dividend Model in Sri Lanka”, International Journal of Accounting and Finance (IJAF), Vol. 7, No. 3,
2017, DOI: 10.1504/IJAF.2017.088026
84
3. Hamilton Elkins, Gary Entwistle, Ganesh Vaidyanathan and IlonaBastiaansen, “Investigating Capital
Structure Through IAS 1: Variations in Disclosure and Measurement”, International Journal of Accounting
and Finance (IJAF), Vol. 7, No. 3, 2017, DOI: 10.1504/IJAF.2017.088028
4. Sadaf Anwar; Shveta Singh; P.K. Jain, “Liquidity changes on and around cash dividend announcements:
evidence from India”, International Journal of Accounting and Finance (IJAF), Vol. 6, No. 4, 2016,
DOI: 10.1504/IJAF.2016.082314
5. Divya Gupta, “Capital Budgeting Decisions and the Firm’s Size”, International Journal of
Economic Behavior and Organization. Vol. 4, No. 6, 2016, pp. 45-52.
DOI: 10.11648/j.ijebo.20160406.1
Further Readings:
Books:
1. Horne J.C, Van, Fundamentals of Financial Management, 9th edition, 2004, Prentive
Hall of India, New Delhi.
2. A. Murthy, Financial Management, Margham Publications, Chennai – 17, Edn 2019.
3. Elements of financial Management by S.N.Maheswari – Sultan Chand & Sons., New Delhi
4. Financial Management by R.K.Sharma –Kalyani publishers, New Delhi.
5. Financial Management by S.P.Gupta, SahityaBhavan Publication, New Delhi
6. Financial Management- Text & Cases by Brigham Eugene F. &Ehrhardt Michael C.-
CengageLearning.
7. Investment Analysis and Portfolio Management by Prasanna Chandra- Tata McGraw
HillIndia.
8. Export Finance-Foreign Exchange Dealers' Association of India.
9. FEDAI Role and Rules of FEDAI & Foreign Exchange Rates and Risk Management-
ForeignExchange Dealers' Association of India.
10. Applied Corporate Finance: A User's Manual byAswath Damodaran-JohnWiley& Sons.
Journals:
1. Journal of Multinational Financial Management
2. Indian Journal of Finance
3. International Journal of Financial Management
4. Journal of Accounting and Financial Management Research (JAFMR)
5. Sayan Banerjee, “Contravention Between NPV & IRR Due to Timing of Cash Flows: A
Case of Capital Budgeting Decision of an Oil Refinery Company”, American Journal of
Theoretical and Applied Business. Vol. 1, No. 2, 2015, pp. 48-52. DOI:
10.11648/j.ajtab.20150102.13
6. MagamboEvelyne F., Determinants of Dividend Policy for Companies Listed at Dar Es
85
Salaam Security Exchange (DSE), a Case of Selected Listed Companies, Journal of
Finance and Accounting. Vol. 4, No. 4, 2016, pp. 202-211. Doi:

10.11648/j.jfa.20160404.16
7. NtuiPonsian, KiemiChrispina, GwatakoTago, HalimMkiibi, The Effect of Working
Capital Management on Profitability, International Journal of Economics, Finance and
Management Sciences. Vol. 2, No. 6, 2014, pp. 347-355. DOI:
10.11648/j.ijefm.20140206.17
8. DestaZelalem, The Impact of Financial Leverage on the Performance of Commercial
Banks: Evidence from Selected Commercial Banks in Ethiopia, International Journal of
Accounting, Finance and Risk Management. Vol. 5, No. 1, 2020, pp. 62-68. DOI:
10.11648/j.ijafrm.20200501.16
9. David M. Kahando, TirusMuyaMaina, Charity Mweru Maina, An Appraisal of Financial
Management Practices on the Growth of Micro Enterprise in Kenya, Journal of Business
and Economic Development. Vol. 2, No. 1, 2017, pp. 63-70. DOI:
10.11648/j.jbed.20170201.18.
10. Abor, J. (2005). The effect of capital structure on profitability: an empirical analysis of
listed firms in Ghana. Journal of Risk Finance, 6(5), 438–445.
https://doi.org/10.1108/15265940510633505.
Learning Outcomes
1) Understand the significance of financial Management and utilization of funds.
2) Become familiar with capital Budgeting decisions.
3) Understand various capital structure theories.
4) Prepare statement of working capital requirements.
86
CONSTITUTIONAL LAW OF INDIA – II
CONSTITUTIONAL STRUCTURE AND CENTRE - STATE
RELATIONS

This course aims at a better understanding of the legal issues involved in the working of the
Constitutional Law and the role played by the three organs in the same. It introduces the
students to the stormy Centre-State relations and the conduct of elections.It is designed to
impart the students about the composition, powers and functions of the Union and State
Executives. It aims at educating the students all about the Parliament and state legislatures.
It throws light on the working of the Judiciary, Supreme Court and High Courts and their
writ jurisdictions. It discusses the most contentious issue of the Centre-State relations. It is
also designed to discuss government contracts and the all-important aspects of the power of
Centre-State fiscal relations, emergency provisions and elections in detail.
After undergoing the study of this paper the student should be able to understand the
following:
e. Identify the role played by the three organs of the Government.
f. Able to understand the relationship between the Centre and the States in various aspects.
g. Learn about the Emergency Provisions and the Election Commission of India.
COURSE OUTLINE
MODULE I: EXECUTIVE STRUCTURE, POWERS AND FUNCTIONS
• The Union Executive – The President - Election, Qualifications & Terms of Office of
President - Privileges, Powers and Duties of President - Impeachment of President.
• The Vice – President - Qualifications & Election of Vice-President – Functions &
Terms of Office of Vice – President.
• Council of Ministers - Appointment of Ministers - Council of Ministers & Cabinet -
The Individual, Collective, Legal & Ministerial Responsibility - President’s relation
with the Council of Ministers.
• Attorney General of India - Comptroller and Auditor General of India.
• The State Executive - Appointment, Powers & Qualifications of Governor - The
Council of Ministers - The Advocate General.
MODULE II: PARLIAMENT AND THE STATE LEGISLATURE
e. The Union Legislature – Parliament - Composition of Parliament & Houses of

Parliament - Duration & Sessions of the Houses of Parliament - Qualification for
Membership of Parliament.
87
f. Powers of Speaker, Deputy speaker & Chairman.
g. Ordinary, Money Bills & Financial Bills - Parliament’s Control over Financial
System.
h. Committee on Estimates, Committee on Public Accounts, Consolidated Fund of India
& Contingency Fund of India.
i. The State Legislature - Composition & Duration of State Legislature - Qualification
of Membership of State Legislature.
MODULE III: UNION & STATE JUDICIARY
f. The Union – Supreme Court - Composition of Supreme court - Qualifications

&Appointment of Supreme Court Judges & National Judicial Appointment
Commission - Impeachment of Judge of the Supreme court.
g. Jurisdiction of Supreme court- Original, Writ, Appellate, Advisory - Powers to Punish
for Contempt & Concept of Curative Petition.
h. The State – High Court - Appointment, Transfer of Judge of High Court - Terms of
Office & Removal of Judge of High Court.
i. Jurisdiction & Powers of High Court.
MODULE IV: RELATIONS BETWEEN UNION & THE STATES
e. Distribution of Legislative, Administrative and Fiscal Powers & Freedom of Trade

and Commerce.
f. Legislative Relations - Doctrine of Territorial Nexus – Subject matter of laws made
by Parliament and Legislatures of States - Doctrine of Harmonious Construction -
Doctrine of Pith and Substance – Doctrine of Occupied Field – Doctrine of
Colourable Legislation.
g. Parliament’s Power to Legislate in State List – Implied and Residuary Power -
Doctrine of Repugnancy.
h. Administrative relations – Full faith and credit clause – Centre and inter-state conflict
management.
i. Fiscal Relations – Sharing of tax – GST – Constitutional Limitations.
88
MODULE V: TRADE COMMERCE AND INTERCOURSE WITHIN THE
TERRITORY OF INDIA
6. Freedom of Trade, Commerce and Intercourse - Meaning of Freedom of trade, commerce

and intercourse.
7. Power of the Parliament to impose restrictions on trade commerce and intercourse.
8. Goods and Service Tax (GST) - Impact of Globalization.
MODULE VI: EMERGENCY PROVISIONS
6. National Emergency - Duty of the Union to protect the States against external aggression
and internal disturbance - Power of Union Executive to issue directions and the effect of
non- compliance.
7. State Emergency - Imposition of President’s Rule in States – Grounds, Limitations,
Parliamentary Control, Judicial Review.
8. Financial Emergency.
9. Emergency and suspension of fundamental rights.
MODULE VII: OTHER CONSTITUTIONAL FUNCTIONARIES
11. Organisation, powers and function of Election Commission of India.

12. Union Public Service Commission, State Public Commission – Constitutional safeguards
for Civil Servants Art 311 - Protection against arbitrary dismissal, removal, or reduction
in rank – Exceptions to Art 311.
13. Role of Finance Commission – Planning Commission – Inter- state Council – National
Development Council - Local Self Government (Panchayat Raj).
Books:
• H.M. Seervai, Constitutional Law of India in 3 volumes, Universal Book Traders,4th
Edition 2019.
• M.P.Jain Revised by Justice Jasti Chelameswar and Justice Dama Seshadri Naidu,
Indian Constitutional Law, Lexis Nexis, 8th Edition 2018.
• D.D.Basu, Commentary on the Constitution of India, Lexis Nexis, 9th Edition 2014.
• Mahendra P. Singh, V. N. Shukla’s Constitution of India (11th ed., 2008)
• Granville Austin, Working a Democratic Constitution - A History of the Indian
Experience (1999)
• ConstitutentAssembly Debates Vol. 1 to 12 (1989)
89
11. Gary Jeffrey Jacobsohn , An unconstitutional constitution? A comparative
perspective, INT‟L J CON LAW 460, 474(2006).
12. Omar, I. (2002). Emergency powers and the courts in India and Pakistan (Vol. 53).
MartinusNijhoff Publishers.
13. UpendraBaxi, The Indian Constitution as an Act of Theft and the Theft of the Indian
Constitution: A Retrospect on Indian Constitutionalism’.
14. Dilip Dobb, India is Indira and Indira is India. Wholives if Indira dies?, India Today
(Dec 26, 2005)
15. NilanjanMukhopadhyay, Past Continuous: How IndiraGandhi used Presidential
Elections to cement her ownpower, THE WIRE(May25,2017).
Further Readings:
Books:
1. D.D.Basu Revised by Justice A.K.Patnaik, Shorter Constitution of India, Lexis Nexis,
15th Edition 2018
2. P.M.Bakshi, The Constitution of India, Lexis Nexis, 17th Edition 2020.
3. Sudhanshu Ranjan, Justice versus Judiciary – Justice Enthroned or Entangled in India,
Oxford University Press, 2019.
4. Samaraditya Pal, India’s Constitution Origins and Evolution, Lexis Nexis, 1st Edition,
2017.
5. ConstitutentAssembly Debates Vol. 1 to 12 (1989).
Journals:
1. Soroor Ahmed, The role that Syria, Sinai and Oil Pricesplayed in triggering
Emergency, NATIONALHERALD, (Jun 25, 2017).
2. A Study of the Emergency Provisions in the Indian Constitution, The Emergency of
1975 and the Possibility of Recurrence thereof,
15126https://www.nationalheraldindia.com/opinion/the-rolesyria-sinai-oil-prices-
played-in-triggering-emergency.
3. Seniority as the Norm to Appoint India's Chief Justice isa Dubious Convention, THE
WIRE (Dec 22, 2016),https://thewire.in/law/seniority-norm-cji-appointmentthakur-
khehar.
4. Report of the Commission on Centre–StateRelations(Sarkaria Commission)(1987).
5. Report of the National Commission to Review the Working of the Constitution(2002).
6. Report of the Commission on Centre-State Relations (M.M. Punchhi
Commission)(2010).
Cases for Guidance:
1. S.P. Anand v. H.D. Deve Gowda, AIR 1997 SC 272.
2. Samsher Singh v. State of Punjab, AIR 1974 SC 212.
3. M.P. Spl. Police Estab. v. State of M.P (2004) 8 SCC 788.
4. Epuru Sudhakar v. Govt. of A.P., AIR 2006 SC 338.
90
5. B. R. Kapur v. State of T. N. AIR 2001 SC 3435.
6. Anil Kumar Jha v. Union of India, (2005) 3 SCC 150.
7. Jaya Bachchan v. Union of India, AIR 2006 SC 2119.
8. In re Keshav Singh, AIR 1965 SC 745.
9. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184.
10. D. C. Wadhwa v. State of Bihar, AIR 1987 SC 579.
11. A.K. Roy v. Union of India, AIR 1982 SC 710.
12. AutomobileTransport (Rajasthan) Ltd. v. State of Rajasthan, AIR 1962 SC 1406.
13. Jindal Stainless Ltd. v. State of Haryana, AIR 2006 SC 2550.
14. G.K. Krishnan v. State of Tamil Nadu, (1975) 1 SCC 375.
15. Shree Mahavir Oil Mills v. State of J. & K. (1996) 11 SCC 39.
16. Atiabari Tea Co. v. State of Assam, AIR 1961 SC 232.
17. State of Rajasthan v. Union of India, AIR 1977 SC 1361.
18. S. R. Bommai v. Union of India, AIR 1994 SC 1918.
19. Rameshwar Prasad v. Union of India, AIR 2006 SC 980.
Learning Out Come:

a) Understand the structure of the Government in the Centre and in the States and its
governance.
b) Appreciate the role of judiciary and the different kinds of jurisdictions that can be
exercised by the Supreme Court and High Courts.
c) Examine the relationship between the Centre and the States in various aspects.
d) Identify the circumstances under whichemergency can be proclaimed under the
Constitution.
91
BHARATIYA NYAYA SANHITA (LAW OF CRIMES-I)
Objective of the Course:
It was Lord Macaulay who moved the House of Commons in1833 to codify the whole of
Criminal Law in India. This codification of both the substantive (the Indian Penal Code,
1860) and adjectival (Procedural) Criminal law (The Criminal Procedure Code, 1973)
brought uniformity and definiteness to the Criminal jurisprudence in India. In the year 2020,
The ministry of Home Affairs constituted a committee to review the existing criminal laws as
they were enacted to rule the nation rather than serve the citizens. Constitution, human rights,
techno centricity, unambiguous and consistent procedures, time bound investigation and trial,
balancing the rights of victims vis-à-vis the accused were the guiding principles for drafting
the new criminal laws. The Bharatiya Nagrik Suraksha Sanhita and The Bharatiya Nyaya
Sanhita (Referred to as “B.N.S”) together constitute 'Criminal Law’ of India. These laws
marks end of colonial era laws. The Bharatiya Nyaya Sanhita is a Substantive law containing
358 sections. It replaced the Indian Penal Code of 1860. New forms of offences and
punishments are introduced in the act. Definition of offences, containing many ingredients
must be remembered with abundant caution. Even if one ingredient is slipped, it will not
amount to an offence. Further, the illustrations play a dominant role and should be studied
again and again to comprehend the essentials of the offences. 'Mens rea' which is the subject
of great discussion in England, is much simplified by the B.N.S. The subject is heavy but is
worth its weight in gold.
After undergoing the study, the student will be able to understand the following:
• Analyze Criminal acts, their elements, parties to offenses and application of the
criminal justice system
• Express an increased awareness of the legal principles of criminal law and its
application
• Students will demonstrate an understanding of the origins of criminal behaviour,
society's response to crime, and the consequences of crime to our society, utilizing multiple
perspectives
• Students will articulate ethical implications of decision making in a professional
capacity.
COURSE OUTLINE
Module I: Nature and Scope of Criminal Law

a) History of Criminal Law- Development, Nature, Commencement, Extent &
Applicability-Principles of Criminal Law -Crime Definition- Committee for Reforms in
Criminal Law (2020)- IPC and BNS comparative analysis
b) Elements of Crime : Mens Rea- Actus Reus – Psychology of crime-Stages of Crime:
Intention, Preparation, Attempt & Commission
c) Classification of crime: General- specific- Group- Joint and Constructive Liability-
Corporate Liability
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d) Jurisdiction: Territorial-Extra Territorial Jurisdiction
e) Inchoate Crime-Criminal Conspiracy-Abetment-Attempt
Module II: General Exceptions
a) Object, Nature & Scope- Excusable & Justifiable- Whether Exhaustive- Burden of
Proof
b) Mistake- Judicial Acts–Accident-Necessity
c) Infancy-Insanity-Intoxication–Consent
d) Good Faith-Compulsion or Threat-Trivial Acts
e) Right of Private Defence
Module III: Punishment

a) Punishments-Theories of punishment
b) Types of punishment- Death Penalty – Imprisonment for life - Rigorous imprisonment-
Simple imprisonment-Forfeiture of property-Fine - Community service
c) Commutation of sentence
d) Solitary confinement-Limit of solitary confinement
e) Enhanced punishment
Module IV: Offences against Human Body

a) Culpable Homicide and Murder- Organised crime- Terrorism- Mob lynching
b) Rash and Negligent Act-Attempt and Abetment to Suicide
c) Hurt and Grievous Hurt- Criminal Force and Assault-Wrongful Restraint and
Wrongful Confinement
d) Kidnapping and Abductions
e) Offences against Women -Outraging the Modesty of Women-Cybercrime against
women-Voyeurism- Stalking- Sexual harassment- Acid Attack- Rape and Unnatural
Offences- Cruelty- Dowry death, Offences relating to Marriage and false promise to
marry
Module V: Offences against Property

a) Theft, Extortion, Robbery and Dacoity
b) Criminal Misappropriation and Criminal Breach of Trust
c) Cheating and Forgery-Mischief-Receiving Stolen Property
d) Fraudulent Deeds & Disposition of Property- Criminal Trespass
e) Offences Relating to Documents& to Property Marks.
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Module VI: General Offences
a) Offences against State-Offences against Election
b) Offence Relating to Coins & Government Stamps
c) Offences Relating to Religion- Defamation- Criminal Intimidation, Insult & Annoyance
d) Offence Relating to Weights &Measures- Offence Affecting the Public Health, Safety,
Convenience, Decency & Morals
e) Offences Relating to the Army, Navy & Air Force- Offences against the Public
Tranquility-False Evidence & Offence against Public Justice.
Recommended Reading
Books
1. Glanville Williams, Text Book of Criminal Law, Universal Law Publishing Co.,
New Delhi, 2016
2. K.I Vibhuti, PSAPillai’s Criminal Law, LexisNexis, Butterworths Wadhwa,
Nagpur, 2017
3. Criminal Manual along with comparison table, edited by Virag Gupta, Commercial
Law Publishers (India) Pvt. Ltd. New Delhi, Edition 2024.
4. Anjana Prakash & Anuj Prakash, Concise Commentary on The Bharatiya Nyaya
Sanhita, 2023, Lexis Nexis,
5. Taxmann’s Hand book on New Criminal Laws, Taxmann Publications (P) Ltd.,
New Delhi, 2024
6. The Bharatiya Nyaya Sanhita, 2023 along with Introduction, Comparative Tables
and Notes on Clauses, Asia Law House, Hyderabad, 1st Edition.
Journals/Article
1. Murder-suicide: A review of the recent literature, Eliason S, Journal of the
American Academy of Psychiatry and the Law (2009) 37(3) 371-376
2. Whose problem is it anyway? Crimes against women in India,
Hima bindu B AroraRPrashanth N, Global Health Action (2015) 8(1)
3. Mens Rea, Hampton J, Social Philosophy and Policy(1990)7(2)1-28
4. Intention, Parkinson C Wheatley T, Elsevier Inc.,(2012), 452-457
5. Trafficking in women and children in India: nature, dimensions and strategies for
prevention, Ghosh B, The International Journal of Human Rights (2009) 13(5) 716-
738
Further Reading
Books
1. Supreme Court on Penal Code Collection (in 5Volumes), Surendra Malik and
Sudeep Malik, 2018 Edition, Eastern Book Company
2. Indian Penal Code(IPC),C.K.Takwani,2014Edition,EasternBookCompany
3. Criminal Law (Indian Penal Code), KS N Murthy & K V S Sarma, 1st Edition,
Lexis Nexis
4. Crime and Punishment–Trends and Reflections, NV Paranjape,1stEdition,Lexis
Nexis
5. Textbook on Criminal Law, Allen M, Oxford University Press,(2013)
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6. The Language of Crime, Tiersma P SolanL, Oxford University Press,(2012)
7. Death sentence on taxonomy in India, Pratapan k Rajan, P Narendran T Viraktamath C
Aravind, N Poorani J See fewer, Current Science, 2008
8. Law of crimes: A hand book: a single volume commentary on Indian penal code, 1860
(Act no. XLVof1860),V. V Raghavan, Orient Law House :sole selling agents, Orient
Sales Organisation; 1st edition (1980)
9. Codification, Macaulay and the Indian Penal Code: The Legacies and Modern
Challenges of Criminal Law Reform (International and Comparative Criminal Justice),
Ashgate; 1edition (February 28, 2013)
10. R.C.Nigam, Law of Crimes in India(Vol.I) NewYork,AsiaPub.House(1965).
11. Vageshwari Deswal & Saurabh Kansal, Bharatiya Nyaya Sanhita 2023 Law and Practice,
2024 edition.
Journal/Article
1. Macaulay and the Indian Penal Code of 1862: The Myth of the Inherent Superiority
and Modernity of the English Legal System Compared to India's Legal System in
the Nineteenth Century, David Skuy, Modern Asian Studies, Vol. 32, No. 3 (Jul.,
1998), Cambridge University Press, pp. 513-557
2. Justifiable Homicide: A Study of the Application of Non culpable Deadly Force in
Cuyahoga County (Cleveland), Ohio, 1958–1982,Challener RAdelsonLRushforth
N, Journal of Forensic Sciences (1987) 32(5) 11186J
3. Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts'
for Victims and Defendants Alike?, Kirchengast T, Criminal Law and Philosophy
(2010) 4(2) 197-213
4. Dignity and Defamation: The Visibility of Hate, Waldron J,Harvard Law Review
(2009) 123(1596) 1596-1657
5. Sedition, Monét V, Taylor and Francis,(2013),217-222
6. Indian Perspective on the legal Status of Marital Rape: An Overview, Sindhu S
Thakur M, International Journal of Multidisciplinary Approach & Studies (2015)
2(1) 235- 250
7. Criminal Law - Cases and Materials, O’Daly M, Criminal Behaviour and Mental
Health (1995) 5(1) 53-54
8. Criminal Conspiracy ,SayreF, Harvard Law Review(1922)35(4) 393
9. Capital punishment, Aggarwal K, Medico-Legal Update(2010)10(1)7-8
10. Sentencing Sex Offenders in India: Retributive Justice versus Sex-Offender
Treatment Programs and Restorative Justice Approaches, Gill A Harrison K,
International Journal of Criminal Justice Sciences (2013) 8(2) 166-181
11. Parliament of India Rajya Sabha, Department-Related Parliamentary Standing
Committee on Home Affairs, 248th Report on the Bharatiya Nyaya Sanhita, 2023, Dec
2023.
12. Substantive analysis of the Bharatiya Nyaya Sanhita Bill 2023, Project 39A, National
Law University Delhi, 2023.
13. Bharatiya Nyaya (Second) Sanhita Bill, 2023, Bharatiya Nagarik Suraksha
(Second) Sanhita Bill, 2023, and Bharatiya Sakshya (Second) Bill, 2023,
Analysis of Key Changes, Project 39A, National Law University Delhi, 2023.
Cases for Guidance
1. K.M.Nanavati v. State of Maharashtra,AIR1962SC605
95
2. Tukaram v. State of Maharashtra, AIR1979SC 185
3. Suresh Kumar Koushal v. Naz Foundation,(2014)1SCC1
4. Rawalpenta Venkalu v. State of Hyderabad,AIR1956 SC 171
5. S.N.Hussain v. State of AndhraPradesh,AIR1972 SC 685
6. RamBadan Sharma v. State of Bihar(2006)10 SCC115
7. Rambaran Mahton v. The State,AIR1958Pat.452
8. S. Varadarajan v. State of Madras,AIR1965 SC 942
9. State of Punjab v. Gurmit Singh(1996)2SCC 384
10. Bhupinder Singh v. UT of Chandigarh(2008)8SCC531
11. PyareLal Bhargava v. State of Rajasthan,AIR1963 SC1094
12. Shri Bhagwan S.S.V.V. Maharaj v. State of A.P.,AIR1999SC 2332
13. Indira Gandhi V. Raj Narain- 1975
14. Priyadarshini Mattoo case- October 2006
15. Jessica Lal Murder Case- December2006
16. Nithari serial murders –2009
17. Aarushi Talwa rmurder–2008
18. Naz Foundation v Govt of NCT of Delhi)-July 2009
19. Ayodhya Ram Mandir Babri Masjid Case)-September2010
20. Yakub Abdul Razak Memon V State of Maharashtra andAnr-July2015
21. Independent Thought V. Union of India, 2017
22. Joseph Shine V. Union of India, 2018
23. Navtej Singh Johar V. Union of India, 2018
24. Vombatkere V. Union of India, 2022
25. The State of Jharkhand V. Shailendra Kumar Rai @ Pandav Rai, 2022
Learning Outcomes
1. To analyse the principles of criminal responsibility, undertake self-directed legal
research using primary and secondary materials, and analyse and evaluate legal
information relating to criminal law and legal theory.
2. To apply principles of criminal law to complex legal problems, and critique the
operation of criminal law from both a policy and theoretical/principled perspective.
3. To prepare persuasive written and oral arguments for a legal and lay audience on
issues relating to the drafting of new criminal laws and the application of existing
criminal laws to common scenarios that arise in criminal practice.
4. To demonstrate awareness of principles of ethical professional judgement in the
management and conduct of a criminal law matter, relevant to both prosecution
and defence.
5. To analyse the impact of criminal law from a policy perspective, with a focus on
the impact of the law on those people who are vulnerable or outside mainstream
culture.
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ADMINISTRATIVE LAW

The State’s multifarious responsibilities have resulted in a vast array of functions devolving
on state functionaries. In this bureaucratic raj, more powers, both quasi-legislative and
quasi-judicial, vest in bureaucrats to enable them to ensure effective administration.
Administrative Law is the branch of law that concerns itself with good governance that is
based on compliance with the law, transparency and non-arbitrariness in the exercise of
discretion and also with the delivery of administrative justice. This course lays emphasis on
understanding the evolution, nature and scope of Administrative Law and its relation with
Constitutional Law. Adequate systems of checks and balances, safeguards for procedural
fairness, the availability of judicial review and remedies to aggrieved persons, and the
general modus operandi of administration form the subject matter of this branch.
This course has been designed to:
I. Investigate the historical development of the concept of administrative law;

II. Explore and probe the evolution and current status of administrative law across
various jurisdictions, both in civil and common law countries, such as UK, USA,
France and India;
III. Scrutinize the role, scope and intricacies involved in delegated legislation;
IV. Ponder the basic requirements of procedural fairness and natural justice in
administrative procedures;
V. Survey the concept of judicial review and understand state accountability;
VI. Critically analyse remedies available if case of maladministration and Provide a
detailed study of public undertakings and the role of ombudsmen
The following syllabus prepared with this perspective will comprise of 6 modules.
COURSE OUTLINE
Module I - Introduction to Administrative Law and Constitutional Concepts
(a) Role of State From Laissez-Faire to welfare State – Expansion Role of State - as
Enabler, facilitator and Regulator.
(b) Definition, Nature and Scope of Administrative Law.
(c) Administrative Development Patterns in U.K., U.S.A., France and India
(d) Relationship Between Administrative Law and Constitutional Law.
(e) Basic Constitutional Principles - RuleofLaw - Doctrine of Separation of Powers -
System of checks and balances.
(f) Parliamentary Sovereignty in U.K., Limited Legislative Powersin U.S.A. and India.
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(g) Classification of Administrative Action - Nature of Powers; Executive, Legislative
andJudicial - Legislative function and Quasi Legislative functions – Judicial function and
Quasi-Judicial functions - Administrative Directions.
Module II - Rule Making Power of the Administration
(a) Need for Delegated Legislation.

(b) Delegated Legislation in UK and USA.
(c) Delegated Legislation in India- Pre and Post Constitutional Period.
(b) Constitutionality of Delegated Legislation.
(b) Types of Delegated Legislation - Administrative directions.
(c) Permissible and Impermissible Limits of Delegation.
(d) Control over Delegated Legislation – Judicial, Procedural and Legislative Control.
Module III - Administrative Adjudication and Procedural Fairness
(a) Need for Administrative Adjudication.
(b) Reason for growth of Administrative Tribunals
(c) Franks Committee.
(d) Mechanism for administrative Adjudication – Quasi – Judicial Bodies, Tribunals.
(e) Merits and Demerits of Administrative Tribunals.
(f) Procedure and powers of Administrative Tribunal.
(g)Tribunal under Constitution.
(h) High Court’s Superintendence over Tribunals.
(i) Appeal to Supreme Court by Special Leave.
(j) Administrative Tribunals under Administrative Tribunals Act, 1985
(k) Domestic Tribunal.
(l) Principles of Natural Justice – Concept - Rule against Bias - Audi Alteram Partem –
Ingredients of Fair Hearing - Institutional Decision - Post-Decisional Hearing - Reasoned
Decisions - Exceptions to the Rule of Natural Justice - Effects of Breach of Natural Justice.
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Module IV - JudicialReview and Liability of the State
(a) Need for JudicialReview.

(b) Scope of JudicialReview Jurisdiction of the Supreme Court -Writ Jurisdiction-Appeal by
Special Leave (Art. 136) - Scope and Object of Article 136.
(c) Jurisdiction of the High Court.
(d) Judicial Review of Administrative Action throughWrits.
(e) Scope of the Writ Jurisdiction - Locus-standi - Kinds of Writ - Grounds for issue of
Writs - Alternative Remedy-Laches or Delay-ResJudicata.
(f) Public Interest Litigation.
(g) Statutory and Equitable Remedies – Injunction - Declaration against the Government -
Exclusion of Civil Suits.
(h) Administrative Discretion - Nature and need of Administrative discretion - Grounds and
Extent of Judicial Review - Doctrine ofProportionality - Fundamental Rights and
Discretionary Powers
(i) Privileges and Immunities of Government in Legal Proceedings – Privilege to withhold
documents – Miscellaneous Privileges of the Government - Notice, Limitation,
Enforcement of Court Order - Binding nature of Statutes over the States action.
(j) Promissory Estoppel.
(k) Doctrine of Legitimate Expectation.
(l) Right toInformation.
(m) Liability of theState - Liability of the State in Torts and Contracts.
Module V -Maladministration and Alternative Remedies
(a) Need and Utility.
(b) Origin and development of the Institution.
(c) Ombudsman in England (Parliamentary Commissioner).
(d) Ombudsman in India – Lokpal - Lokayukta in States.
(e) Central Vigilance Commission.
Module VI - PublicUndertakings
(a) Object, Importance and Characteristics of Public Corporation.
(b) Classification of Public Corporations.
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(b) Rights, Duties and Liabilities of Public Corporations.
(c) Controls over Public Corporations, Government Control, Parliamentary Control, Judicial
Control, Public Control.
(d) Role of Ombudsman in Public Undertaking.
Recommended Reading
Books Prescribed:
1. M.P.Jain& S.N. Jain, “Principles of Administrative Law” (Gurgaon: Lexis Nexis, 2013).
2. S.P. Sathe, “Administrative Law” (Butterworths, India 1998).
3. De Smith, “Judicial Review of Administrative Action” (Sweet and Maxwell, 1995).
4.I.P.Massey, “Administrative Law”, (Lucknow: Eastern Book Company, 2008).
5. C.K.Takwani, “Lectures on Administrative Law” (Allahabad law Agency,
2014).6. Kailash Rai, “Administrative Law” (Allahabad law Agency, 2014).
Journals Prescribed
1. Chauhan,(V.S), “Reasoned Decision: A Principle of Natural Justice” JILI, Vol.37, (1995)

pp. 92-104.
2. Saad AbdulbaqiSabti and YP Rama Subbaiah, “Conceptual analysis of sub Delegation: An
overview” International Journal of Law, Vol.3, Issue 3, (2017) p.75.
3. Seema Dalal, “Administrative law and judicial review of administrative action with a
special emphasis on the writ of Certiorari” International Journal of Law, Vol.3, Issue 3,
(2017) p.01.
4. Jarnail Singh and Dr. RK Gupta, “Doctrine of legitimate expectation: The emerging trends
in Indian Judiciary” International Journal of Law, Vol.3, Issue 5, (2017) p.135.
5. Dr. Rahul Tripathi, “Judicial Review: A Study in Reference to Contemporary Judicial
System In India” International Journal of Research – Granthaalayah, Vol. 4, No. 5 (2016),
p.5.
Further Reading
Reference Books:
1.Durga Das Basu, “Administrative Law” (Kamal Law House, 2016).
2.C.K. Thakker, “Administrative Law” (Lucknow: Eastern Book Company, 2012).
100
3. William Wade and Christopher Forsyth, “AdministrativeLaw” (Oxford University Press,
11th ed., 2014).
4. De Smith, “Constitutional Law and AdministrativeLaw” (Penguin, 2000).
5.Foulkes, “AdministrativeLaw” (Oxford University Press, 1995)
6.Indian Law Institute, “Cases and Material of Administrative Law” (1996).
7.Michael T Molan, “Administrative Law ( London: Old Bailey Press, 2001).
8. David Stott & Alexandra Felix, “Principles of Administrative law” (London: Cavendish
Publishing Limited, 1997).
9. Paul Craig, “Administrative Law” (London: Sweet & Maxwell, 2011).
10.J.A.G. Griffith and H. Street, “Principles of Administrative Law” (Sir Isaac
Pitman, 1963).
Articles:
1. Seemeen Muzafar, “Doctrine of Legitimate Expectation in India: An Analysis”,

International Journal of Advanced Research in Management and Social Sciences, ISSN: 2278
– 6236.
2. A.BeulaChrismak Darius and Ms.R.Dhivya, “Applicability of Principles of Natural Justice

to The Administrative Proceedings” International Journal of pure and Applied Mathematics,
Vol.120, No.5, (2018), p.2013.
3. S. Saran and Ms. R. Dhivya, “Administrative Tribunals Under Indian Constitution”

International Journal of pure and Applied Mathematics, Vol.120, No.5, (2018), p.1939.
4. Siddharth.R and Prof. Dr. A. Sreelatha, “Principle of Natural Justice and Its Application in
Indian Legal System” International Journal of pure and Applied Mathematics, Vol.120, No.5,
(2018), p.1669.
5. S.ShruthiTaarana and Ms.R.Dhivya, “Administrative Tribunals in India the Lights of the

Decided Cases-In Constitutional Analysis” International Journal of pure and Applied
Mathematics, Vol.120, No.5, (2018), p.1921.
6. Ambuj Mishra, “Legitimate Expectations in India” IJJSR, Vol.1, Issue 1, (2019), p.30.
Cases for Guidance:
1. Express Newspapers Ltd v. Union of India, AIR 1986 SC 872.

2. Ridge v. Baldwin, 1964 AC 40.
3. Rampur Distillery Co. Ltd. v. Company Law Board, AIR 1970 SC 1789
4. Delhi Laws Act,1912, re , AIR 1951 SC 332.
101
5. Hamdard Dawakhana v. Union of India, AIR 1960 SC 554.
6. Chintamanrao v. State of M.P., AIR 1951 SC 118.
7. Hiranath Mishra v. Rajendra medical College, AIR 1973 SC 1260.
8. Dhakeshwari Cotton Mills Ltd. v. CIT, AIR 1955 SC 65.
9. Union of India v. H.C.Goel AIR 1964 SC 364.
10. ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207.
11. SP Gupta v Union of India 1981 supp SCC 87.
12. N. Nagendra Rao v. Status A.P., (1994) 6 SCC 205.
13. Vineet Narain v. union of India AIR 1998 SC 889.
14. Sunil Kumar v. State of West Bengal, 1980 AIR 1170
15. Vishwarao v. Lok ayukta, Maharashtra, AIR 1985 Bom 136
Learning Outcome
Upon completing this course, the student will be able to:
1. Grasp the historical development of administrative law and gain conceptual clarity of
this branch of law across various civil and common law jurisdictions;
2. Ponder the importance, powers, and limitations of delegated legislation;
3. Master the crucial concept of natural justice and the touchstone requirements of
administrative procedures;
4. Perceive the criticality of judicial review and state accountability, and understand the
available remedies;
5. Develop a keen understanding of the applicability of administrative law to public
companies and be deeply aware of the importance of ombudsmen
102
COMPANY LAW

Globalization has reduced the barriers to the movement of people, capital and technology
across the globe. Today corporates are able to penetrate economies in virtually every part of
the world. The result has been a fundamental shift in the relationship of corporate to both
law and public policy. In today’s globalisedeconomy is governed by corporates wherein most
of the enterprises are either private or public limited companies instead of partnership or
proprietorship as in olden days.
In view of the developments that have taken place in the corporate sector this course is
designed to understand the following:
1. The functions, management and other activities of the companies.

2. Equipping the students to understand the corporate management control, possible abuses,
the remedies and government regulations governing companies.
COURSE OUTLINE
Module I Introduction – General principles of Company law
a) Definition- Evolution, meaning and Functions of corporate law;
b) Historical Development of Concept of Corporate Law in India
c) Meaning and Nature of Company with Emphasis on its Advantages and
Disadvantages over other forms of Business organizations. Types of companies.
d) Comparison between Company and Partnership and Company and Limited Liability
Partnership;
e) Theory of ‘Corporate Personality’; concept under common law and statutory law;
the company as a corporate body; ignoring of corporate personality; statutory
exceptions to corporate personality;
Module II Promotion and Formation of Company
a) Promotion: Promotion of Company, Promoters their position, Powers, Duties and
Liabilities.
b) Formation: Formation of Company Procedure of registration including online

registration of a company- Effects of Certificate of Incorporation - pre incorporation
contracts- Liability of company.
c) Company’s Constitutional Documents- Memorandum of Association and Articles

of Association, Doctrine of Ultra vires – A critical analysis of doctrine of Ultra Vires
Alteration of Memorandum of Association and Articles of Association.
d) Binding Nature of Articles of Association between members/shareholders inter se and

also outsiders; Rule of Constructive Notice; Doctrine of Indoor Management and its
exceptions.
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Module III Corporate financing
a) Shares –Nature of shares- Application and allotment of shares
b) share capital- kinds of share capital, equity, preferential difference
c) prospectus – golden rule in issuing prospectus – Remedies against
misrepresentation in the prospectus- -members and shareholders,
d) -debentures, charges and debenture holder, crystalisation of floating charge,
dividends.
Module IV Corporate Governance
a) Directors-independent directors, women directors and managerial personnel,
meetings
b) Role of directors – Board of directors- duties and responsibilities- Insider Trading
– Role of SEBI
c) accounts and audits-internal auditing, National financial reporting authority,
E- filing,
d) majority powers and minority rights, prevention of oppression and
mismanagement, investigation, powers of inspectors,
Module V Winding Up of Companies
a) Winding up and kinds of winding up.
b) Procedure for different kinds of winding up - powers of liquidators
c) Insolvency and Bankruptcy - Defunct companies and restoration, revival and
rehabilitation of sick companies
Module VI Adjudicatory Bodies
a) National Company Law Tribunal; National Company Law Appellate Tribunal –
Administration of NCLT, CLAT Constitution, Powers, Jurisdiction, Procedure,
Judicial Review
Module VII Corporate Governance and Social responsibility
a) Importance of Corporate Governance; Legal Reforms of Corporate Governance in
India; Reports of the various Committees on Corporate Governance;
b) Corporate crimes; Corporate social and environmental Responsibility – theories and
justification;
c) CSR and multinational corporations; regulation of multinational corporations in
India;
d) Corporate ethics and human rights – corporate governance in a human rights
perspective; UN corporate Human Rights framework.
104
Recommended readings:
Books:
1. A. Ramaiya, Guide to the Companies Act (17th ed., 2010)

2. Paul L. Davies, Gower and Davies Principles of Modern Company Law (Latest edition)
3. Palmer : Company Law, Stevens and sons, London
4. Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford University
Press (8th ed., 2008)
5. Avatar Singh: Company Law, Eastern Book Company, 16th ed 2018.
Articles:
1. David Millon, “Theories of the Corporation” Vol. 1990: 2001 Duke Law Journal 262
2. Harvard Law Review, 1982. Piercing the Corporate Law Veil: The Alter Ego Doctrine
under Federal Common Law. 95(4), pp.853-871.
3. Franklin Gevurtz, “The Globalization of Corporate Law: The End of History or a Never
Ending Story?” Vol. 86: 475 Washington Law Review 475-521 (2011).
4. Azfer A. Khan, BlurringTheEdgesOfCorporate Law: Insider TradingAndTheMartoma
Decision, Harvard Business Law reviewOnline,2018 volume 8,PP.48-56.
5. Human rights through a corporate governance lens Posted by George s. Dall international
corporate governance network, on Friday, may 22, 2015
Further Readings:
Books:
1. Gower’s and Davies’ Principles of Modern Company Law, (8th ed., 2008)
2. Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed., 2012)
3. Mayson,French&Ryamn:Company Law, Oxford, 31st edition, 2014-15
4. Saleem Sheikh & William Rees, Corporate Governance & Corporate Control,
Cavendish Publishing Ltd., 1995
5. Charles Wild & Stuart Weinstein Smith and Keenan, Company Law, Pearson
Longman, 2009
6. Institute of Company Secretaries of India, Companies Act 2013, CCH Wolter Kluwer
Business, 2013.
105
Journals:
1. A Reassessment of the Fraud Exception. Cambridge Law Journal, 2(56), pp.284-290.
2. Hayton, D., 1977. Contractual Licences and Corporate Veils. The Cambridge Law
Journal, pp.12-15.
3. Katharina Pistor, Yoram Keinan , Jan Kleinheisterkamp, Mark D. WestThe Evolution of
Corporate Law.
4. Sanger, A., 2012. Crossing the Corporate Veil: The Duty of Care Owed by a Parent
Company to the Employees of Its Subsidiary. Cambridge Law Journal, pp.478-481.
Cases for guidance:
1. Ashbury Railway Carriage & Iron Co. Ltd. v. Riche, (1875) L.R. 7 H.L. 653,
2. Bharat Insurance Ltd. v. Kanhya Lal, A.I.R. 1935 Lah. 792
3. Case Study on Satyam Scandal
4. Daimler Co. Ltd. v. Continental Tyre& Rubber Co., (1916) 2 A.C. 307
5. Erlanger v. New Sombrero Phosphate Co. (1878) 3 AC 1218: (1874-80) All ER Rep. 271
6. Foss v. Harbottle 67 E.R. 189;
7. Household Fire And Carriage Accident Insurance Co. Ltd. Grant (1879) 4 E.D. 216]
8. KotlaVenkataswamyv. Chinta Ramamurthy, AIR 1934 Mad. 579
9. Life Insurance Corporation of India v. Escorts Ltd., (1986) 59 AIR 1986 SC 1370
10. Menier v. Hooper’s Telegraph Works, (1874) L.R. 9 Ch. App. 350
11. New Brunswick, etc., Co. v. Muggeridge, (1860) 3 LT 651
12. Peek v. Gurney (1873) 43 L.J. Ch. 19
13. Percival v. Wright (1902) 2 Ch. 421
14. Royal British Bank v. Turquand (1856) CI & B 327)
15. Salomon v. Salomon & Co. Ltd., (1897) A.C. 22
Course outcomes:
After completion of the course students will be able to:
1. To examine and develop an understanding of the characteristics of a business
corporationwhen compared to other forms of business structure.
2. To consider the conceptual framework within which companies operate, Corporate
personality and the extent of the personal liability of members of corporations.
3. To acquire the cognitive skills to analyse evaluate and synthesise information about
corporations, corporate officers, shareholders and creditors so as to identify and resolve legal
and business related issues.
4. To develop a commitment to engendering lawful, ethical and socially reasonable corporate
behaviour
106
NATIONAL CADET CORPS
ELECTIVE COURSE SYLLABUS
The training curriculum of the NCC is primarily focused on character building, inculcating
leadership qualities and skill enhancement through structured academic syllabi, practical training and
opportunity for exposure/interaction beyond a cadets’ immediate environment, and thereby enabling
them for a brighter and progressive future.
It aims to make learning more holistic and skill-oriented eventually facilitating career prospects.
Pertinently, on successful completion of the course, the students are awarded credit points which will
enable them to qualify for their respective degrees.
The Aims of NCC:
(a) To develop character, comradeship, discipline, secular outlook, spirit of adventure and the
deals of selfless service among the youth of the country.
(b) To create a human resource of organized, trained and motivated youth to provide leadership
in all walks of life and always available for the service of the nation.
(c) To provide a suitable environment to motivate the youth to take up a career in the Armed
Forces.
Objectives of NCC:
• Motivate young dynamic youth to serve the nation.
• Inculcate unity and discipline amongst citizens.
• Promote leadership and make self-reliant citizens.
• Prepare a volunteer force to participate during national disasters.
• Raise awareness to live with principles and values.
• Gain a glimpse and over view of armed forces.
• Develop as use of national integration.
• Create awareness about social causes and community development.
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• Inculcate sportsmanship and spirit of adventure.
• Learn about life saving and first aid.

NCC Syllabus:
The Syllabus includes common subject for all three wings and specialized subject with respect to
Army, air Force and Navy. The Common subjects comprise of approximately 70% and specialized
service is 30 % of the curriculum.
The detailed syllabus is as follows.
Common Subject (Detailed Syllabus)
Unit:1 NCC General
Aims and organization of NCC-objectives-incentives by central government & state government-

cadets -duties - responsibility- commandments- Annual training camp-centrally organized camp-
republic day.
Unit:2 National Integration
Introduction- importance- essence- necessity- factors affecting NI- measure to achieve - unity in
diversity- fundamentals - role of NCC- national security-threats-attributes of national security–
doctrine
Unit:3 Leadership capsule
Leadership traits-Indicators of leadership and evaluation-Motivation and it's factors-Moral values-

Honour code-Case studies
Unit:4 Drill:
General words of command - Attention, stand at ease and stand easy turning -Sizing and dressing -
saluting - Marching - Turning at the march and wheeling -Saluting at the march - Individual word of
command - Formation of squad and squad drill.
108
Unit:5 Weapon Training
Characteristics of a.22 NoII MarkI Vrifle, .22 deluxerifle, 7.62mmSLR and 5.56 mm INSAS - Rifle
stripping and assembling - Care and cleaning -Loading/Unloading and bolt manipulation - Lying
position and hold - Aiming range, targets and sight setting and alteration - Trigger control and firing
-Range procedure and safety precautions-Theory of group and snap shooting
Unit:6 Disaster management capsule
National Disaster Management Authority (NDMA)-National Defence Response Force (NDRF)-

Types of Disasters-Essential services and their maintenance and role of NCC cadets in it-Effects of
Natural disasters and assistance required-Do's and Don'ts during natural disasters -Causes and
prevention of fire-Fire fighting,fire fighting parties and firefighting equipment’s.
Unit:7 Social Service and Community Development
Basics of social service - methods - types - rural development programme -schemes - NGOs - role of
NCC –swachhbharat - social security - types - social evils - mission indradhanush - digital India-
protection of children and women safety-new initiative-cyber security –types
Unit:8 Health and hygiene
Introduction - personal hygiene - food hygiene - sanitation - internal wounds -open chest wounds -
burns and scalds - snake and bog bites - Asphyxia and unconscious-wounds- yoga- purpose–asanas
Specialised Subject(Detailed Syllabus)
Unit:1 Armed Forces
Organisation and command headquarters of the armed forces - Ranks of the armed forces - Gallantry
and Non Gallantry awards - Types of commission in army
Unit:2 Map Reading
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Definition of map- conventional signs - Definition of scale -Methods of expressing a scale - Grid
reference - Contour and its characteristics - Cardinal points - Types of north -Magnetic variation and
grid convergence - Types of bearing - Parts of prismatic compass - Setting of map - Finding north
and own position
Unit:3 Field Craft And Battle Craft
Definition and subjects of field craft and battle craft -Judging distance and its methods –
Definition of landmark, target, reference point - Types of ground –Personal camouflage –

Camouflage of equipments-Types of cover and correct use of cover - Definition of fire unit, fire
direction orders, fire control orders, arc of fire-Sequence of fire control orders-Types of fire control
orders
Unit:4 Military History
Biography of Field Marshal Kodandera Madappa Cariappa, OBE -Biographyof Field Marshal Sam
Manekshaw, MC -Biography of Marshal of the Air Force Arjan Singh - Study of battles Indo
Pakistan war 1965, Indo Pakistanwar1971,Kargil war 1999
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THIRD YEAR
SIXTH SEMESTER
PRACTICAL AUDITING

Auditing as a separate and distinct branch of study, is an instrument of financial
control and involves critical and intelligent examination of financial statements to give in the
form of certificate or report, an attestation, an expert opinion or an expert advice. It ensures
that the accounts prepared truly represent facts and that expenditure has been incurred with
due regularity and propriety. This course is designed to make the students to learn the
theoretical legal framework of Auditing.
COURSE OUTLINE
Module I: Introduction of Auditing

a) Auditing – MeaningandDefinition,Objectives and Scope of Auditing.
b) SignificanceandTypes of Audit.
c) Relationshipof Auditing with other Disciplines.
d) Auditor’s Duty in relation to Errors and Fraudsin Audit of Financial Statement as per SA
240 (Standards in Auditing).
e) Fraud Reporting as per Sub-section 12 of Section 143 of Companies Act 2013.
Module II: Audit Planning and Programme

a) Audit Planning – Introductionand Advantages of Audit Planning (SA 300: Planning an
Audit of Financial Statement).
b) Audit Programme – Meaning, Objectives, Types of Audit Programme, Merits and
demerits of Audit Programme.
c) Audit Note Book –Contents and Usefulness of Audit Note Book.
d) Audit Working Papers – Merits and Demerits of Audit Working Paper – Essentials of
Good Audit Working Papers.
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Module III: Internal Control, Internal Check and Internal Audit
a) Internal Control – Definitionand Objectives Internal Control (SA 315).
b) Internal Check – Meaning, Objectives, Importance and Advantages of Internal Check.
c) Essentials of Good Internal Check System.
d) Basics of Standards on Internal Audit – Difference between Internal Control, Internal
Check and Internal Audit.
Module IV: Vouching

a) Vouching – Meaning, Definitions, Objectives and Importance of Vouching.
b) Vouching of Cash Receipts and Payments Transactions.
c) Verification – Meaningand Objectives.
d) Duties of an Auditor in Verification and Valuation of Assets and Liabilities.
e) Distinction Between Vouching, Valuation and Verification.
Module V: Auditors Qualification,Appointment and Powers

a) Appointment of Auditors – Appointment of First Auditor.
b) Fillingof Casual Vacancy – Audit Committee and Rotation Auditors.
c) Appointment of Auditor by Central Government.
d) Appointmentby Special Resolution –Re-appointment and Compulsory Re-Appointment.
e) Ceiling on the number of Auditorship.
f) Qualifications and Qualities of Auditors – Disqualificationsof Company Auditor.
g) Auditor’s remuneration – Rights or Powers of Auditors.
h) Duties and Liabilities of an Auditor – Removal of Auditor.
Module VI: Audit Report

a) Audit Report – Meaning, Definition, Importance and Content of Audit Report(as per
Reporting under Companies (Auditor’s Report) Order, 2016).
b) Types of Audit Report.
c) Distinction between Auditor’s Report and Auditor’s Certificate.
d) Preparation and Presentation of Audit Report (SA 700).
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Module VII: Auditing of E-Commerce Transaction
a) EDP Audit – Meaning, Division of Auditing in EDP Environment
b) Impact of Computerization on Audit Approach
c) Online Computer System Audit – Types of Online Computer Systems (Audit around and
with the Computers)
d) Procedure of Audit under EDP System.
Books:
1. Natarajan - Practical Auditing – Margham Publication, 2018.
2. B.N. Tandon, S. Sudharsanam and S.Sudharabahu - Practical Auditing, S.Chand
Publication, New Delhi, Reprint 2016.
3. DinkarPagare, Principles and Practices of Auditing, Sultan Chand and Sons, New Delhi,
2018.
4. Ravinder Kumar and Virender Sharma - Auditing, Principles and practice, PHI Learning
Private Limited, New Delhi, Third Edition, 2016.
5. T.R. Sharma, Principles and Practice of Auditing, SahithyaBhavan Publication, Agra,
2010.
1. Gleeson, Patrick. (2020, April 8). “The Advantages and Disadvantages of a Financial
Audit”. bizfluent.com. Retrieved from https://bizfluent.com/info-12085459-advantages-
disadvantages-financial-audit.html
2. Dayton, Denise. "Types of Auditors" bizfluent.com, https://bizfluent.com/info-7754377-
types-auditors.html. 8 April 2020.
3. LeBrun, Jake. (2020, April 8). “The Relationship Between Internal & External
Audit”. bizfluent.com. Retrieved from https://bizfluent.com/about-7379286-relationship-
between-internal-external-audit.html
4. Patrick, O. (2014). “Impact of Electronic Data Processing (EDP) on Auditing in School
Management”. ATBU Journal Of Science, Technology And Education,1(2),6-
11.Retrieved from https://www.atbuftejoste.com/index.php/joste/article/view/22
5. LajosZager, Sanja Sever Malis, Ana Novak, “The Role and Responsibility of Auditors in
Prevention and Detection of Fraudulent Financial Reporting”, Procedia Economics and
Finance, Volume 39, 2016, Pages 693-700, ISSN 2212-5671,
https://doi.org/10.1016/S2212-5671(16)30291-X
113
Further Readings:
Books:
1. Alvin A. Arens, Elder and Beasly,“Auditing and Assurance Services, An Integrated
Approach”, 15th edition, Pearson Prentice Hall, New Jersey, 2018.
2. S.K. Basu, Fundamentals of Auditing, Pearson Education, First edition, 2009.
3. S. Vengadamani, Practical Auditing.
4. Institute of Chartered Accountants of India, Auditing and Assurance Standards, ICAI,
New Delhi.
5. Singh, A. K. and Gupta Lovleen, Auditing Theory and Practice, Galgotia Publishing
Company.
6. Spicer & Pegler’s, “Practical Auditing “, HFL Pubs. Ltd., London, 18th Edition, 1990.
7. Woolf, Emile, Auditing Today. Prentice Hall, New York, 6th Edition, 1997.
8. ArunaJha, Auditing. Taxmann Publication, 3rd Edition, 2016.
9. Pankaj Kumar Roy, Auditing, Oxford University Press, 2017.
10. Kamal, Gupta and Ashok Arora, Fundamentals of Auditing, Tata McGraw Hill
Publishing Company Ltd., New Delhi
Journals:
1. Journal of Accounting, Auditing, and Finance (JAAF)http://jaf.sagepub.com/content/current
2. International Journal of Auditing
Technologyhttps://www.inderscience.com/jhome.php?jcode=ijaudit
3. Journal of Accounting and Auditing: Research & Practice
(JAARP)https://ibimapublishing.com/journals/journal-of-accounting-and-auditing-research-
practice/
4. Journal of Accounting, Finance and Auditing Studieshttps://jafas.org/
5. International Journal of
Auditinghttps://www.scimagojr.com/journalsearch.php?q=19900192136&tip=sid
6. Auditing: A Journal of Practice and Theory.https://aaajournals.org/loi/ajpt
7. Accounting, Auditing and Accountability Journal
https://en.wikipedia.org/wiki/Emerald_Group_Publishing
8. Irene BueleNugra, Dagmar Maldonado, Fabián Cuesta (2018), “Perception and Causality
of Academic Performance and Professional Exercise of Graduates in Accounting and
Auditing”, Open Science Journal Index, Volume 3, Issue 4, DOI:
https://doi.org/10.23954/osj.v3i4.1779.
114
9. Brent, Michael. (2020, April 8). “Advantages & Disadvantages of Internal
Control”. bizfluent.com. Retrieved from https://bizfluent.com/info-8064250-advantages-
disadvantages-internal-control.html
10. Lacoma, Tyler. (2020, April 8). “What Are the Types of Audit Reports?”. bizfluent.com.
Retrieved from https://bizfluent.com/about-5070237-types-audit-reports.html
Learning Outcomes
After completion of the course, Students will be able to -
i) Understand the types of Audit and relationship of Auditing with other disciplines.
j) Recognize practical exposure of Auditing practices such as Internal Control, Internal
Check, Vouching and Verification.
k) Comprehend the legal perspectives on Auditor’s Appointment, Audit Report preparation.
l) Gain constructive knowledge on Audit of Computerised environment.
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PROPERTY LAW
1. The course intends to define the concept and nature of transfer of immovable
property, and illustrate the different types of transfers and rules relating to it. It
explains the transfer of immovable property between living persons.
2. The course covers various general principles of transfer and doctrines. Specific
transfer explains about the transfer by way of sale, mortgage, lease, gift and
actionable claims.
3. The Easement Act explains various modes of acquisition of easementary rights, rights
and obligations of the dominant and servient owners, the extinction and suspension of
the easementary right.
4. Registration Act explains the requirement to be complied for registration of any
transfer of immovable property, and Stamp Act explains various kinds of stamps and
mode of payment of stamp duties.
COURSE OUTLINE
Module I: General Principles of Transfer
a. Concept of Property – possession: essentials of possession – kinds of possession,

modes of transfer of possession- ownership: rights of ownership- modes of acquisition
of ownership- distinction between possession and ownership – theories of property
b. Definition of Transfer of Property- Kinds of Interest- Conditional Transfer
c. Doctrine of Election
d. Transfer by Ostensible Owner
e. Feeding the Grant by estoppel
f. Improvement made by Bonafide Purchaser
g. Lis Pendens
h. Fraudulent Transfer
i. Doctrine of Part Performance and other general principles of transfer.
Module II: Specific Transfers – Transfer of Absolute Interest
A. Sale – Definition of Sale- Rights and Liabilities of Seller and Buyer

B. Gift - Definition- Onerous Gift- Universal Donee- Death Bed – Gift- Suspension and
Revocation of Gift.
C. Exchange
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Module III: Transfer of Limited Interest – Specific Transfer
A.Mortgage: Different kinds of Mortgages- Redemption- - Clog on Redemption- Partial

Redemption- Rights and Liabilities of Mortgagor and Mortgagee including Doctrine of
Consolidation- Marshalling -Contribution- Subrogation.
B. Charge
C. Lease: Different Rights and Liabilities of Lessor and Lessee- Determination of Lease-
Doctrine of Holding Over.
D.Actionable Claim
Module IV: Law Relating To Easementary Right

a. Definition-Acquisition of Easement
b. Easement of Necessity and Quasi Easements
c. Easement by Prescription
d. Extinction, Suspension and Revival of Easements
e. License.
Module V: Law of Registration
a. Definitions - The Registration-Establishment
b. The Duties And Powers Of Registering Officers, Enforcing The Appearance Of
Executants And Witnesses, Refusal To Register
c. The Fees For Registration, Searches And Copies Registrable Documents
d. Time of presentation, place of registration, Presenting Documents for Registration
e. Penalties.
Module VI: Registration of Will
Presenting Wills And Authorities To Adopt - The Deposit Of Wills- The Effects Of
Registration And Non-Registration
Module VII : Stamp Act
Definitions – stamp duties - Adjudication as to Stamps - Instruments Not Duly Stamped-
Allowances for Stamps in Certain Cases - Reference and Revision - Criminal Offences And
Procedure
Books Prescribed
• G. Sanjiva Row- Commentaries on Easements and Licence
• Vepa P. Sarathi- Law of Transfer of Property Act
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• GCV Subba Rao- Transfer of Property
• Mulla, “The Transfer of Property Act”, by Poonam Pradhan Saxena, Lexis Nexis,
13th edition
• K.Krishnamurthy’s, “The Indian Stamp Act”, 12th edition, Lexis Nexis
• Mulla, “Registration Act”, 13th Edition, Lexis Nexis
Statutory materials:
1. Transfer of Property Act, 1882
2. Indian Easement Act, 1882
3. The Registration Act, 1908
4. Indian stamp Act, 1899
Books for reference:
1. Goyle’s “A Commentary On The Transfer Of Property Act” , Eastern Law House

2. Darashaw’s Commentaries on the Transfer of Property Act” by Justice M.L.Singha,
Lexis Nexis
3. B.B.Katiyar’s “Law of Easements and Licences”, Universal Law Publishing, 16th
Edition
4. Sanjiva Row’s “Commentary On The Indian Easemetns Act, 1882 and Licences”, 6th
Edition, Delhi Law House
5. Malik’s “Commentary On Registration Act, 1908 With State Amendments With
Latest Case Laws, Delhi Law House, 2nd Edition
6. James E. Penner, Lecturer in Law J E Penner, “The Idea of Property in Law”,
Clarendon Press Oxford, first edition, 1997
7. Cheshire and Burn's Modern Law of Real Property, by Edward Burn and John
Cartwright, Eighteenth Edition, 4th edition 2011.
8. Barbara Bogusz and Roger Sexton, “Complete Land Law- texts, cases and materials”,
oxford press, Sixth Edition, 2019.
9. Ben McFarlane and Sarah Nield, “Land Law - Text, Cases & Materials”, oxford
press, Fourth Edition 2018
Case Laws for reference:

1. Marshall v. Green, 33 L.T.404
2. Thakur ParamanickChunder v. Ram Dhone, 6 W.R. 228 (F.B)
3. Shamu Pattar v. Abdul Kadir, 35 Mad. 607 (P.C)
4. Rosher v. Rosher, (1884) 20 Ch.D. 801
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5. Pannalal v. Fulmoni, AIR (1987) Cal 368
6. Sopher v. Administrator general of Bengal, (1944) P.C.67
7. Abdul Fata Mohommed v. Rasamaye, 22 Cal 619 P.C.
8. Whitby v. Mitchell,
9. Leake v. Robinson, 35 ER 979, Volume 35
10. Thalluson v. Woodford, (1805) 11 Ves. 112
11. Cooper v. Cooper, (1874) L.R. 7 H.L.53
12. Tulk v. Moxhay, [1848] 41 ER 1143

13. Ram Coomer v. McQueen, 11 B.L.R. 46
14. Bellamy v. Sabine, (1857) 1 Dc. G, and J., 566
15. Ebrahim v. Ful bai, 26 Bom 573
16. Walsh v. Lonsdale, (1882) 21 Ch.D 9
17. Webb v. Macpherson, 31 Cal 57 (P.C)
18. Muhammad Sher Khan v. Raja Seth Swami Dayal A.I.R. 1922 P.C. 17,
19. Noakes & Co v. Rice, (1902) A.C.24
20. Kreglinger v. New Patagonia Meat Gold Storage Co. Ltd. [1914] A.C. 25.
Articles:
1. Abraham Bell and Gideon Parchomovsky, A Theory of Property, 90 Cornell L. Rev.
531 (2005) Available at: http://scholarship.law.cornell.edu/clr/vol90/iss3/1
2. Exclusion and Exclusivity in Property Law Author(s): Larissa Katz Source: The
University of Toronto Law Journal, Vol. 58, No. 3 (Summer, 2008), pp. 275-315
Published by: University of Toronto Press Stable URL:
http://www.jstor.org/stable/20109850
3. The Rule against Perpetuities and Gifts to Classes, W. Barton Leach, Harvard Law
Review, Vol. 51, No. 8 (Jun., 1938), pp. 1329-1353,
https://www.jstor.org/stable/1333400
4. Case Notes on Steadman v. Steadman, 10 Melb. U. L. Rev. 149 (1975-1976)
5. The Doctrine Of Part Performance In India by G. M. Sen, Journal of the Indian Law
Institute, Vol. 11, No. 2 (APRIL-JUNE 1969), pp. 224-229,
https://www.jstor.org/stable/43950022
6. Claeys, Eric R., Property, Concepts, and Functions (March 10, 2018). Boston College
Law Review, Vol. 60, No. 1, 2019; George Mason Legal Studies Research Paper No.
LS 18-04. Available at http://dx.doi.org/10.2139/ssrn.3136041
7. The Registration Act, 1908: Critical Analysis of Registration Act by Shivam Goel,
119
Available at: https://www.researchgate.net/publication/314424567
8. Overview Of Stamp Duty Acts available at
https://shodhganga.inflibnet.ac.in/bitstream/10603/130517/9/09_chapter%203.pdf
9. Essert, Christopher (2013), ‘The Office of Ownership,’ University of Toronto Law
Journal, 63: 418–461.
10. Francis S. Philbrick, “Changing Conceptions of Property in Law”, University of
Pennsylvania Law Review And American Law Register, Volume 86 May, 1938 No. 7
Course Learning Outcomes:

On successful completion of this course, students will be able to:
1. Analyse and define the concept and nature of transfer of immovable property, and illustrate
the different types of transfers and rules relating to it.
2. Evaluate the rules relating to general transfer of immovable property
3. Determine and analyse the rules of specific transfer and easements.
4. Determine, explain and apply the principles of property law to resolve complex problems
and theoretical questions.
5. Apply property law to complex problems and critically examine its operation from a range
of theoretical and social perspectives and to Prepare convincing written arguments for a legal
audience.
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BHARATIYA SAKSHYA ADHINIYAM (LAW OF EVIDENCE)
Objective of the course:
The Law of Evidence is one of the most important parts of the procedural law. The Law of
Evidence plays a very important role in the effective functioning of the judicial system. The
Law of Evidence is an indispensable part of both substantive and procedural laws. It
imparts credibility to the adjudicatory process by indicating the degree of veracity to be
attributed to 'facts' before the forum. This paper enables the student to appreciate the
concepts and principles underlying the law of evidence and identify the recognized forms
of evidence and its sources. The subject seeks to impart to the student the skills of
examination and appreciation of oral and documentary evidence in order to find out the
truth. The art of examination and cross-examination, and the shifting nature of burden of
proof are crucial topics. The Bharatiya Sakshya Adhiniyam, 2023 is a new Criminal Law
in India that replaces the Indian Evidence Act. It introduces changes in provisions relating
to electronic evidence, including definitions and admissibility procedures brought in to the
Law of Evidence are significant parts of study in this course.
• To design, implement and review a plan for establishing each legal element of a
given case to the required standard of proof with admissible evidence.
• To plan and execute a witness examination that comports with evidentiary standards
and that persuasively establishes a fact in issue in the case; anticipate and respond
to evidentiary objections that may be raised during your examination.
• ·To identify, articulate and assert appropriate evidentiary objections while listening
to a witness examination, and respond appropriately to questions from the judge.
• ·To draft and execute a witness examination for the introduction of a document or
item of proof.
COURSE OUTLINE
Module I: Introduction to Evidence Law
a) Historical Evolution of the Law of Evidence- Scope, Object and Applicability of

Bharatiya Sakshya Adhiniyam, 2023 - Comparative analysis of BSA and IEA -Indian Law
of Evidence and English Law of Evidence
b) Constitutional Perspective of Evidence-Golden Rule Evidence- Kinds of Evidence
c) Definition - Facts -Facts in Issue- Presume- Relevant -Distinguish Between Relevancy

and Admissibility
d) Relevancy of Facts - Closely connected facts - Res Gestae -Occasion, Cause and Effect
etc. -Motive, Preparation and Conduct- Facts Necessary to Explain or Introduce Relevant
Facts
e) Proof of Conspiracy -When facts not otherwise relevant become relevant
121
Module II: Admission- Confession - Dying Declaration
a) Admission- An Exception to Hearsay Rule-Requisites of an Admission-Party to the

Proceedings-Kinds of Admission-Admission Regarding State of Mind or Body
b) Oral Admission as to Content of Documents -Admission in Civil Cases- Evidentiary

Value of Admission
c) Confession-Conditions as to Confession –Kinds of Confession -Confession to Police -

Retracted Confession-Joint Trial - Distinction Between Admission And Confession-
Evidentiary Value of Confession
d) Dying Declaration-English and Indian Law Difference On Dying Declaration –

Essential Conditions for the Applicability of Dying Declaration -FIR as Dying Declaration
e) Who can record a Dying Declaration -Multiple Dying Declarations -Evidentiary Value
of a Dying Declaration-Difference Between a Dying Declaration and a Dying Deposition
Module III: Expert Evidence - Relevancy of Character
a) Opinion of Third Person When Relevant-Expert Witness- Value of Expert Witness.
b) Expert Opinion: Corroboration- Facts Bearing Upon Expert-Opinion.
c) Opinion as to Handwriting & Signature.
d) Opinion as to Existence of General Custom or Right - Opinion as to Usage, Tenets-

Opinion on Relationship- Grounds of opinion.
e) Character When Relevant- Relevancy of Character in Civil and Criminal Cases.
Module IV: Of Proof- Burden of Proof
a) Facts which need not be proved - Modes of Proof - Oral Evidence - Hearsay Evidence.
b) Exceptions to the Rule of Hearsay Evidence - Hearsay and Circumstantial Evidence -

Difference Between Direct and Hearsay Evidence.
c) Documentary Evidence - Primary and Secondary Evidence - Admissibility of electronic

Records - Public and Private Documents - Presumptions as to the Documents - Exclusion
of Oral Evidence by Documentary Evidence.
d) Burden of Proof - Burden and Proof Distinction - Burden of Proof and Onus Probandi.
e) Proof of Fact on Which Evidence Becomes Admissible - Burden of Proving Exception

In Criminal Cases.
Module V: Presumption- Estoppel
a) Presumption - Kinds of Presumption - Proof and Presumption - Presumption as to

Document - Presumption as to Survivorship - Presumption as to Death - Presumption of
Certain offences.
122
b) Presumption of Legitimacy - Presumption in Suicide Cases - Presumption of Existence
of Certain Facts - Presumption in Prosecution of Rape Cases.
c) Doctrine of Estoppel - Kinds of Estoppel - Essential Conditions for Estoppel -

Promissory Estoppel - Exception to the Doctrine of Estoppel.
d) Estoppel by Tenants and Licensee - Estoppel of Acceptor of Bill of Exchange, Bailee

and Licensee.
e) Distinction Between Estoppel and Res Judicata - Distinction Between Estoppel and
Waiver.
Module VI: Witnesses - Examination of Witness
a) Witnesses - Categories of Witnesses - Dumb Witness - Evidence of Prosecutix in Rape

Case - Interested Witness - Competency of Husband and wife as witnesses in certain cases
- Judges and Magistrate as Witness
b) Privileged Communications - Professional Communication - Order of Production and

examination of Witness - Judge to Decide Admissibility of Evidence
c) Examination in Chief - Cross Examination - Re-Examination - Distinction Between

Examination in Chief, Cross Examination and Re- Examination
d) Order of Examination - Witnesses to character - Leading Questions - Direction of Re

Examination - Cross Examination of person called to produce as document - Question by
party to his own witness
e) Question tending to Corroboration - Former Statement as Corroboration- Refreshing

Memory.
Books:
1. Criminal Manual along with comparison table, edited by Virag Gupta, Commercial
Law Publishers (India) Pvt. Ltd. New Delhi, Edition 2024.
2. Sharath Chandran, Concise commentary on the Bharatiya Sakshya Adhiniyam,
LexisNexis, 2024.
3. Saurabh Kansal and Vageshwari Deswal, Bharatiya Sakshya Adhiniyam, 2023 Law
and practice, Taxmann Publication Private Ltd. 2024.
4. M. Monir, Law of Evidence, Universal Law Publishing Co. Pvt. Ltd, 2018.
5. Rattan Lal Dheeraj Lal, Law of Evidence, LexisNexis, 2018.
6. Avtar Singh, Principles of Law of Evidence, Central Law Publications, 2016.
7. Sarkar and Manohar, Sarkar on Evidence (1999), Wadha & Co., Nagpur 2017.
8. Hong Kong Law of Evidence, Mike McConville, Dmitri Hubbard, and Arthur McInnis,
2nd Edition,2014, Blue Dragon Press, Hong Kong.
1. Allen, R 1992, “The Myth of Conditional Relevancy”, Loyola of Los Angeles Law
Review, 25: 871–884.
2. Allen, R1994, “Factual Ambiguity and a Theory of Evidence”, Northwestern University
123
Law Review, 88: 604–640.
3. Allen, R. and S. Jehl, 2003, “Burdens of Persuasion in Civil Cases: Algorithms v.

Explanations”, Michigan State Law Review, 4: 893–944.
4. Accomplice Liability for Unintentional Crimes: Remaining within the Constraints of

Intent by Audrey Rogers Loyola ofLos Angeles Law Review (Wol 31:1351).
5. Dr.Nirpat Patel, "The Role of DNA in Criminal Investigation – Admissibility in Indian

legal system and future perspectives" IJHSSI Vol.2/Issue 7/July 2013/p. 15-21.
Further Readings:
Books:
1. Adrain Keane, Paul M.C. Keown, "The Modern Law of Evidence", 9th Edn,
OxfordUniversity Press.
2. Albert S. Osborn, "The problem of proof", 1st Indian reprint, Universal Law House,
Delhi, 1998.
3. Bholeshwar Nath, "Cases and Material on Evidence Act, 1872", Eastern Books
Publishers and Book Sellers, Lucknow.
4. Bridges, B.C., Vollmer, August and Monir M., "Criminal Investigation Practical
Fingerprinting, Thumb Impression, Handwriting expert testimony Opinion Evidence",
The University Book Agency, Allahabad (2000).
5. M. Monir C.J., Dr. H.K. Saharay, "Law of Evidence" (Vol. I, II), 14 Edn,Universal
Law Publishing Co. Pvt. Ltd.
6. P. Murphy, Richard Glover, "Evidence" 12 Edn, Oxford University Press.
7. Philips Edward, "Brief Case on Law of Evidence", Cavendish

Publishing Limited, London, (1st Edn, 1996).
8. R.L. Gupta, "Law relating to identification and Expert Opinion" 4th Edn, Eastern
Book Co, Lucknow.
9. R.S. Pillai, "Criminal Law", Lexis Nexis Butterworths Wadhwa Co., Nagpur, 10Edn.
10.Sir Rupert Cross and Nancy Wilkins, "An Outline of the Law of Evidence", 4th Edn,
London Butterworth, 1975.
Journal/ Journals Articles
1. Allen, R. and A. Stein, 2013, “Evidence, Probability and the Burden of Proof”,
Arizona Law Review, 55: 557–60
2. Allen, R, 1991, “The Nature of Juridical Proof”, Cardozo Law Review, 13: 373–422.
3. Garrison, A.H. (2000). A review of the behavioural science theory and its
admissibility in criminal trials" American Journal of Trial Advocacy, 23, 591- 657.
4. Kristina L. Needham, "Questioning the Admissibility of Non-Scientific testimony

after Daubert: The need for increased Judicial Gatekeeping to ensure the reliability of all
124
Expert Testimony" 1997 FULJ Vol. 25 Issue 3, Pg. 541-578.
5. Mathiharan K, "Emergency Medicare: its Ethical and legal aspects" National Medical
Journal of India, Vol. 17, No.1 January/ Feb, 2004, 31-35 at p. 33.
6. Neeraj Tiwari, "Fair trial vis-a-vis Criminal Justice Administration: A critical study of
the Indian Criminal Justice System JLCR Vol.2(4) pp. 66-73
7. Nivedita Grover, "Development of forensic science and criminal prosecution-India"

IJSRP Vol.4 Issue 12
8. Sonia Dutt Sharma, "DNA-Dignity and Dissolution of Marriage", Helix Vol.2 : 101-
104 (2012).9. Subhomoy Sarkar, "The Constitutional Mandate on the Right Against
Self Incrimination: A Comparative Study on the Legitimacy of Narco Analysis 2009”
Cr.L.J Vol 2 Journal/166.
10. Tess M.S. Neal, "Expert Witness preparation: What does the Literature tell us?
American Society of Trial Consultants. 2009, pg. 82.
11. Parliament of India Rajya Sabha, Department-Related Parliamentary Standing

Committee on Home Affairs, 248th Report on the Bharatiya sakshya Bill Sanhita, 2023,
Dec 2023.
Cases for Guidance
1. State of Maharashtra vs. Prafulla B. Desai (Dr.) (2003) 4 SCC 601

2. R. M. Malkani vs. State of Maharashtra, AIR 1973 SC 157
3. Mirza Akbar vs. Emperor, AIR 1940 PC 176
4. Badri Rai vs. State of Bihar, AIR 1958 SC 953
5. Mohd. Khalid vs. State of W.B. (2002) 7 SCC 334
6. JayantibhaiBhenkerbhai vs. State of Gujarat (2002) 8 SCC 165
7. Bishwanath Prasad vs. Dwarka Prasad, AIR 1974 SC 117
8. Central Bureau of Investigation vs. V.C. Shukla, AIR 1998 SC 1406
9. Veera Ibrahim vs. State of Maharashtra, AIR 1976 SC 1167
10. AghnooNagesia vs. State of Bihar, AIR 1966 SC 119
11. Nageshwar Shri Krishna Ghobe vs. State of Maharashtra (1973) 4 SCC 23
12. National Textile Workers’ Union vs. P.R. Ramakrishnan (1983) 1 SCC 228, 255
13. CIT v. Podar Cement (P) Ltd (1997) 5 SCC 482
14. State v. S.J. Choudhary (1996) 2 SCC 428
15. SIL Import, USA v. Exim Aides Silk Exporters (1999) 4 SCC 567
16. Bodha and ors v. State of Jammu & Kashmir AIR 2002 SC 3164
17. Anwar PV v PK Basheer and ors (2014) 10 SCC 473.
18. OPP Kumar vs. Mohan Thedani AIR 2003 SCC 2418.
19. Mangala Waman Karandikar (D) TR.LRS. vs. Prakash Damodar Ranad AIR 2021 SC
235.
20. Dr. Sunil Clifford Daniel vs. State of Punjab (2012), 11 SCC 205
21. Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal, 2020
Learning Outcome:
125
• To identify, assert and support objections to items of proof, using appropriate
evidentiary rules and tailoring objections to the facts at hand.
• To identify and use a range of legally specific research principles, methods and tools
to make a coherent and persuasive argument for the admission or exclusion of a
specific item of evidence, incorporating factual information and legal standards
drawn from both evidentiary rules and substantive law.
• To research, analyse and apply evidentiary standards to complex issues and present a
persuasive written and oral argument for the admission or exclusion of the evidence.
• Articulate the processes for the adversarial examination of evidence and differentiate
between the roles of the district attorney and defence counsel in the presentation of
evidence.
126
PUBLIC INTERNATIONAL LAW

“Supra National Law” or otherwise popularly referred to as “International Law” aims to
bring in peace and world order on the globe by mitigating the frictions between nation-states
through peaceful legal means. It guides the nation-states to work for the betterment of human
life, promotion of fundamental goals to peace, prosperity, advancement of human rights and
the protection of human environment for sustainable development. Though it has numerous
branches with in, as a main subject its orientation is to understand the functioning as a core
law in addressing the international challenges. The syllabus aims to introduce the student to
understand the basic concepts of international law, harmonization on with domestic law, its
abidingness and application by the States in resolving their conflicting issues and to achieve
international cooperation in working together to develop global institutional mechanisms.
Course Outline
Module- I: Introduction to International Law
(a) Origin—Scope and Basis
(b) Universalization of International Law- philosophical, political, ideological, cultural
and cross- cultural approaches
(c) Historical development and Jurisprudential theories – Greek, Roman, European,
Asian, African, communist and Indian approach
(d) Validity, Normativity and Enforcement through Sanctions
(e) Codification and Progressive Development – Role of International Law Commission
and International Institutions
Module -II: Sources of International Law
(a) Source and its Genesis- Art 38 (1)(b) of the ICJ and Sources of International Law
(b) Usage & Custom as a source; Elements of Custom; Jus Cogens and Ergaomnes
(c) Treaties as primary and persuasive source; significance of Law making treaties
andTreaty Contracts; Normative Treaties; Reservation and Revocation of Treaties
(d) General Principles of International law (Equity in a global context)
(e) Juristic Works of Eminent Authorities
(f) Decisions of Judicial and Arbitral Tribunals (International and Municipal)
(g) Subsidiary Sources- Decisions, Resolutions and Declarations of the United Nations
and other organs; Non-treaty obligations - Good will and Reciprocity.
Module-III: Harmonizing International Law with Municipal Law and Subjects of

International Law
(a) Interaction between International and Municipal (domestic) law
(b) Theories of Monism, Dualism, Incorporation or Transformation, Specific Adoption
and Delegation – State Practice- UK, USA and India
(c) Subjects of International law – State- Different types of States - Essentials of
Statehood- Lifting the State veil – Individual as a Subject and object - International
organizations and Non- State actors as subjects of International law
127
Module - IV: Recognition and State Territory
(a) State Recognition as a basis for International personality – Principles and Problems
(b) Types of Recognition-- Legal nature; Theories of Recognition; Recognition of
Governments – Belligerency and Insurgency
(c) Legal effects of Recognition and Non Recognition
(d) Concept of State Territory- Sovereignty and its significance
(e) Acquisition and loss of State Territory; Territorial Integrity-Self-Determination and
sundry claims- Doctrine of Utipossidetis
(f) Law of Air and Outer Space
Module -V State Succession
(a) State Succession – Definition & Conceptual Perspectives

(b) Types- Universal and Partial Succession
(c) Difference between Succession of States & Governments
(d) Theories - Negativist & Modern Theories - An overview of States Succession to
Treaties and to matters other than Treaties
(e) Succession to the membership in International Organizations
(f) State Succession -Contemporary issues- Yugoslavia- Dissolution of USSR-
Reunification of Germany- Retrocession of Hong Kong.
Module – VI: Law of Sea
(a) Historical Perspectives on Law of Sea

(b) Concept of Territorial Sea – Internal waters - Innocent Passage – Rights and Duties of
Coastal states
(c) Continental Shelf & Exclusive Economic Zone –Rights and Duties of Coastal States
Principle of Equidistance and its invocation, Special and Relevant Circumstances
Rule
(d) High Seas – Flag State Jurisdiction- Hot Pursuit- Pollution; Common Heritage of
Mankind
(e) Rights of Land locked States
(f) Exploration and Exploitation of Resources in Area (Sea bed and Ocean floor)
(g) Settlement of Disputes –Role of Sea Bed Authority-International Tribunal for Law of
Sea.
Module VII: State Jurisdiction and Immunities from Jurisdiction
(a) Jurisdiction in International perspectives – Prescriptive & Enforcement

(b) Territorial-Nationality--Passive Personality-Protection and Universal Principles- War
Crimes, Crimes Against Peace and Humanity
(c) Extraditable offences- Double Criminality; Asylum and its importance
(d) Nationality-Double Nationality Jurisdiction- MNCs
(e) Sovereign Immunity- Absolute and Restrictive Approach
(f) Diplomatic Immunities and Privileges- Privileges and Immunities of International
organizations
Module – VIII: State Responsibility

(a) State Responsibility-Nature and Scope
(b) Obligations ErgaOmnes - Notion of Immutability or Attribution to State- Breach of an
128
International legal obligation
(c) Draft articles of ILC - Liability for Lawful Acts- Circumstances excluding Wrongful
Conduct of State- Legal Consequences of an Internationally Wrongful Act
(d) Invocation of State Responsibility as part of Human Rights Standards
(e) State Responsibility for Genocide: State Responsibility and Environmental
Sustainability
Module- IX: International Human Rights Law & Humanitarian Law

(a) Nature and Scope of Human Rights - Outline of Theoretical approaches to Human
rights
(b) Overview of Historical background –European, Asia, African and Indian approaches
(c) International Accountability- Normative foundations laid under the United Nations
UDHR & International Bill of Human Rights and other instruments
(d) Transition to modern Human rights - Generational Human rights – Human rights and
Right to Development; Human rights Council and Human Rights Committee
(e) IHL –Scope and Significance-Geneva Conventions and Protocols –Wounded and
Sick; Prisoners of War; Protection of Civilians; Armed Conflict and Non-Armed
Conflict; Relationship between Human Rights and IHL
Module –X: Challenges to International Human Rights Law
(a) Human Rights of Vulnerable and Disadvantage Groups; Women- Children Sexual
Minorities Stateless Persons
(b) Migrants - Epidemic Affected; Rights of Socially and Economically Disadvantaged
People
(c) Indigenous Peoples; Disabled & Minorities
(d) Transnational Corporations and Human Rights, Terrorism & Counter-terrorism
(e) Euthanasia and Human Rights; Right to Freedom from Torture and Inhuman or
Degrading Treatment
(f) Crimes against humanity, Role of International Criminal Courts and Tribunals
Recommended Readings: -
1. Crawford, J. Brown lie’s Principles of Public International Law (8thed., 2013).
2. Jennings, R., and Watts, A. (eds.), Oppenheim’s International Law [Vol. I –Peace]
(9thed., 2008).
3. Shaw, M.N. International law (Cambridge University Press,8th ed.,2017).
4. Shearer, I.A. Starke’s International Law (1stIndian ed., 2007).
5. Olivier de Schutter, International Human Rights Law, Cambridge University Press,
2010.
Further Readings: -
1. Anghie, A. ‘Francisco de Vitoria and the Colonial Origins of International Law’ in
Imperialism, Sovereignty and the Making of International Law (CUP, 2004).
2. Bantekas and Oette, International Human Rights: Law and Practice (2013)
3. Boyle, A., and Chinkin, C. The Making of International Law (Oxford University
Press, 2007).
4. Chimni, B.S. International Law and World Order (Cambridge University Press,
2017).
5. Connell, O. “State Succession in Municipal Law and International Law”, Vol. II, pp.
212-219(1967).
6. Dumberry, P. State Succession to International Responsibility (Graduate Institute of
129
International Studies, Brill, 2007)
7. Kaul, J.L. & A. Jha, Shifting Horizons of Public International Law, (1st ed., 2018)
8. Kevin Boyle (ed.), New Institutions for Human Rights Protection (Oxford, 2009);
Chapters 1-3.
9. Ryngaert, C. “Jurisdiction in International Law”, (Oxford University Press,2nd Ed.,
2015).
10. Hugh Thirlway (2019), The Sources of International Law, Second Edition, Cambridge
University Press: United Kingdom. Available at:
http://gen.lib.rus.ec/book/index.php?md5=6D495F5C2F501009703B4E97FC65676F
11. Patrick Dumberry (2007), State Succession to International Responsibility,
MartinusNijhoff Publishers: The Netherlands. Available at:
http://gen.lib.rus.ec/book/index.php?md5=96F7331343E5503C4CC085EF56DA642D
12. Robert Kolb (2016), The Law of Treaties: An Introduction, Edward Edgar Publishing
Limited: United Kingdom. Available at:
http://gen.lib.rus.ec/book/index.php?md5=754DA9DA821BED6B24E322C8D44826
3A
Journals: -
1. Akehurst, M. “Custom as a Source of International Law” 53 British Yearbook of
International Law 1(1974-75).
2. Anthony D’Amato, “Treaties as a Source of General Rules of International Law”3
Harvard International Law Journal 1-43 (1962).
3. Thomas Buergenthal, “Lawmaking by the ICJ and Other International Courts”
Proceedings of the Annual Meeting (American Society of International Law) Vol.
103, International Law as Law (2009), pp. 403-406(CUP, 2009)
4. K. R. R. Sastry, State Responsibility in International Law, 35 Allahabad Law Journal
31(1937).
5. C. Wilfred Jenks, “State Succession in Respect of Law-Making Treaties”, 29 British
Yearbook Book International105 (1952).
6. Keyuan, Z. “South China Sea Studies in China: Achievements, Constraints and
Prospects”, 11 Singapore Yearbook of International Law 85 (2007).
7. Babalola, A. “Extradition under International Law: Tool for Apprehension
ofFugitives”, 22 Journal of Law Policy & Globalization 25 (2014).
8. Micheline Ishay, The History of Human Rights: From Ancient Times to the
Globalization Era, 2004
9. Jack Donnelly, The Relative Universality of Human Rights, Human Rights Quarterly,
Volume 29, Volume 2 (2007): 281-306.
10. Olivier de Schutter, International Human Rights Law, Cambridge University Press,
2010.
Cases for Guidance: -
1. S.S. Lotus Case, France V Turkey ICJ 1927

2. Asylum case Judgment (Columbia vs Peru)
3. North Sea Continental Shelf Case Judgment, I.C.J Reports 1969
4. Military and Paramilitary Activities in and against Nicaragua (Nicaragua vs United
States of America), Judgment I.C.J Reports 1986.
5. Right of Passage over Indian Territory (Portugal vs India), 1960 I.C.J 6
6. The Nottebohm Judgment (Second Phase), 54 AJIL 536,557(1960)
7. The Wimbledon,P.C.I.J. Rep.,SerA,No.(1924)
8. Frontier Dispute [1986] ICJ Rep 554.
130
9. Serbian Loans case [1929] PCIJ (ser A) Nos 20/21, 5.
10. Temple of Preah Vihar(Thailand v Cambodia) [1962] ICJ Rep 6.
11. GabcikovoNagymaros Project case (Hungary v Slovakia) [1997] ICJ Rep 7.
12. Barcelona Traction case (Belgium v Spain) [1970] ICJ Rep 3.
13. Reparation of injuries suffered in the service of United NationsAdvisory Opinion,
1949 I.C.J. 174 (Apr. 11)
14. Advisory Opinion of ICJ on Namibia, ICJ Rep. 1971, P. 16
15. Advisory Opinion of ICJ in Accordance with International Law of the Unilateral
Declaration of Independence in Respect of Kosovo Case, ICJ Rep. 2010
❖ Advisory Opinion of Legal Consequences of the Separation of the Chagos
Archipelago from Mauritius in 1965, ICJ Rep. 2019Italy v. India (Enrica Lexie case)
(Pending)
16. West Rand Central Gold Mining company v R [1905] 2 KB 391
17. Regina v Keyn (1876) 2 Ex D 63
18. The Paquete Habana, 175 U.S. 677 (1900).
19. Vishakha and Ors. v State of Rajasthan and Ors, AIR 1997 SC 3011.
20. The Arantzazu Mendi case (UK) 1939
21. Luther v Sagor (UK) [1921] 3KB 532
22. Case Concerning Military and Para Military Activities in and Against Nicaragua
23. Case Concerning the Factory at Chorzow (Merits) [1928] PCIJ, Series A, No. 17, 47.
24. Corfu Channel (U.K. v. Alb.), 1949 I.C.J. 4 (Merits Apr. 9).
25. LaGrand (Germany v. United States of America), Provisional Measures [1999] ICJ
Rep
26. Trail Smelter Case (U.S. v. Can.), 3 R.I.A.A. 1905 (Trail Smelter Arb. Trib. 1938 &
1941).
27. United States Diplomatic and Consular Staff in Tehran, Judgment, ICJ Reports
1980,Youmanscase.
28. Island of Palmas Arbitration (U.S. v. Netherlands), 2 R.I.A.A. 829, 839 (1928).
29. Anglo-Norwegian Fisheries Case (UK v. Norway), ICJ Reports 1951.
30. South China Sea Arbitration, (Philipines vs China), Case No 2013-19, Award of 12
July 2016 (PCA)
31. Factor v. Laubenheimer 290 U.S. 276 (1933)
32. Fiocconi v. Att'y Gen., 462 F.2d475
33. Ker v. liinois,119 U.S.436 (1886)
34. United States v. Alvarez-Machain, 504 U.S. 655.
35. United States v. Rauscher, 119 U.S. 407 (1886).
Learning Outcomes: -
After completion of the course Students will be able to
1. Equip with the basic structural perspectives of International law and would able to
understand its significance as a bedrock subject of international relations.
2. Trace the significance and influence of the normative principles involved in building
the edifice and substance of international law.
3. Analyze and appreciate diversity of the subject and its impact on states and their
subjects and the role and significance of International organs and able to create and
defend principled legal arguments to carry further research.
4. Acquire academic contemplation and training primarily in Public international law
blended with human rights law and IHL and their practical orientation.
131
INTERPRETATION OF STATUTES
Interpretation as a branch of legal science emerges out of the necessity triggered by the
element of fallibility of human communications. It is part of laws of nature. The increase in
the creation of human legislations further validates the role of interpretation as a consistent
source of legislation. The primary aim of all interpretation is to provide clarity to the existing
legislations. Judiciary as the custodian of statutes interprets the legislation. Thus, the
students of law on a need based approach will be trained to learn the implications of the
schools of textualism and purposivism in the context of statutory construction as a tool of
social change.
COURSE OUTLINE
Module I: Statutes: Philosophy, Principles and Process of Legislation

(a) Separation of powers-principles of utility-social justice- welfare and development
approach-Good Governance-Public Opinion-Social Control-Indigenous Influence
(Native laws)-Morals;
(b) Kinds of Statutes-Perpetual and Temporary-Penal-Taxing-Remedial-Concept of
Statute Law-Interplay between Public Opinion-Legislators-Executives-Judiciary-
Ancient Indian Philosophy on Interpretation.
Module II: Foundational Perspectives of Interpretation

(a) Concept, Meaning and Object of Interpretation-Values of Clarity and Analytical
Ability-Textualism and Purposivism- Human Communication and Limitations;
(b) Nature of Man Made Legislations-Common Sense-Linguistic deficiencies-Ambiguity-
Interpretation and Construction;
(c) Comparative Legal Philosophy-Skills of Interpretation-Stages of Interpretation.
Module III: Nature and Parts of Statutes

(a) Statutory, Non Statutory, Codified, Uncodified, State made and State Recognised
Laws -Parts of a Statute - Commencement, Operation, Amendments and Repeal and
Revival of Statute;
(b) Basic Sources of Statutory Interpretation-The General Clauses Act, 1897: Nature,
Scope and Relevance-Definitional Clause-Fundamental Concepts on Commencement,
to Repeal of Statutes.
Module IV: Internal and External Aids to Interpretation

(a) Short Title-Preamble-Statement of Objects and Reasons-Long Title- Definitional or
Interpretative Clause-Punctuations-MarginalNotes-Proviso-Explanations-Exceptions-
Illustrations-Schedules-Removal of Difficulties Clause-Non Obstante Clause-Ouster
Clause-Savings and Repeal Clauses;
(b) Parliamentary History-Dictionaries (General and Specific)-Foreign Decisions-Text
Books-Law Commission of India’s Reports on Amending the General Clauses Act.
132
Module V: Rules of Statutory Interpretation
(a) Literal and Logical Rules of Interpretation-Statute must be read as whole- every word
to be given a meaning-Legalism and Creativity-Legal Language, Legal Riddles and
Logic-Golden Rule and Mischief Rule;
(b) Strict construction of Penal Laws and Taxation Laws-Judicial Activism, Judicial
Process and Judicial Restraint-Beneficial Construction of Social Security
Legislations.
Module VI: Subsidiary Rules

(a) Utres mages valeat quampereat-Noscitur a socis-Ejusdem generis;
(b) Casus omissus-Reddendo singulasingulis-Contemporaneoexpositioest optima
fortisima sine lege.
Module VII: Interpretation of Constitution

(a) Principles and Theories-Preamble as a Tool-Reading Directive Principles and
Fundamental Duties with Fundamental Rights;
(b) Interpretation of International Instruments-Presumptions: Presumption against
Ousting Established Jurisdiction-Presumption against Exceeding Territorial Nexus-
Presumption against Ouster of Jurisdiction of Courts-Presumption against changes in
Common Law-Presumption against including what is Inconvenient or Unreasonable-
Presumption against Intending Injustice or Absurdity-Presumption against
Retrospective Operation of Law-Presumption against Violation of International Law-
Presumption in favour of Constitutionality of a Statute.
Module VIII: General Rules of Treaty Interpretation

(a) Statist and Principle based Approaches towards International Law-Sources of
International Law-Interface between Custom and Treaty-International Treaty based
Legal Framework-Supremacy of the UN Charter Obligations;
(b) Law of Treaties and Vienna Convention on the Law of Treaties (VCLT)-Concept of
Treaty of Treaties-Articles 31, 32 and 33 of VCLT-Principles of Treaty Interpretation-
Relevant works of International Law Commission and Judicial Decisions of
International Court of Justice on Treaty Interpretation.
Module IX: Legislative Drafting
(a) Principles and Process of Legislative Drafting-Qualities of Legislative Drafters-

Simplicity, Preciseness, Consistency, Alignment with Existing Law, Brevity;
(b) Drafting General Laws-Special Laws-Rules-Orders-India and Legislative Drafting
and Research Movement in India-Department of Legislative Drafting-Ministry of
Law and Justice.
Statutory Materials
1. General Clauses Act, 1897

2. Constitution of India, 1950
3. Charter of United Nations and Statute of the International Court of Justice, 1945
4. Statute of the International Law Commission, 1947
5. Vienna Convention on the Law of Treaties,1969
133
Books
1. Maxwell (1969), Interpretation of Statutes, Sweet & Maxwell, United Kingdom.

2. VepaSarathi (2003), Interpretation of Statues, Eastern Book Company: India
3. N.S Bindra, Revised by M.N. Rao and AmitaDhanda (2007), Interpretation of
Statutes, Lexis Nexis Butterworths Wadhwa: India
4. P.M. Bakshi (2010), Interpretation of Statutes, Orient Publishers: India.
5. A.B. Kafaltiya (2017), Text Book on Interpretation of Statutes, Universal Law
Publishing Ltd.: India.
Journals
1. Surendranath Ray (1913), Rules of Interpretation of Statutes, The Allahabad Law

Journal, Vol. No. 11, Issue No. 5, Pp. 97-103.
2. Abdur Rahman Seoharvi (1916), The Interpretation of Law, The Allahabad Law
Journal, Vol. No. 14, Issue No.1, Pp. 1-13.
3. H.M. Thornton (1994), Contrary Intention, Statute Law Review, Vol. No. 15, Issue
No.3, Pp. 182-191.
4. Jack Stark (1995) Legislative Sentences, Statute Law Review, Vol. No. 16, Issue No.3,
Pp. 187-194.
5. V.C.R.A.C. Crabbe (1997), Liversidge v. Anderson on the Anvil of Pepper v. Hart: An
Exercise in Interpretation and Construction, Statute Law Review, Vol. No. 18, Issue
No. 2, Pp. 113-149.
Further Readings:
Books
6. P.M. Bakshi (1993), Legal Interpretation: Ancient and Modern, The Indian Law
Institute: India.
7. V.C.R.A.C. Crabbe (1993), Legislative Drafting, Cavendish Publishing: United
Kingdom.
8. V.C.R.A.C. Crabbe (1994), Understanding Statutes, Cavendish Publishing: United
Kingdom.
9. N.S.Bindra (2002), The General Clauses Act: Central and States, Lexis
NexisButterworths: India.
10. Aharon Barak (2005), Purposive Interpretation in Law, Princeton University Press:
United States of America.
11. Ulf Linderfalk (2007), On the Interpretation of Treaties, Springer Publications: The
Netherlands.
12. Luc J. Wintgens (Editor) (2007), Legislation in Context: Essays in Legisprudence,
Ashgate Publishing Limited: United Kingdom.
13. James Holland and Julian Webb (2010), Learning Legal Rules, Oxford University
Press: United Kingdom.
14. Justice G.P. Singh (2016), Principles of Statutory Interpretation, Lexis Nexis: India.
15. Oliver Dorr and Kirsten Schmalenbech (Editors) (2012), Vienna Convention on the
Law of Treaties: A Commentary, Springer Publications: Heidelberg.
134
Journals
1. Roscoe Pound (1907), Spurious Interpretation, Columbia Law Review, Vol. No. 7,
Issue No.6, Pp. 379-386.
2. Frederick J. DeSloovere (1936), Contextual Interpretation of Statutes, Fordham Law
Review, Vol. No.5, Pp. 219-239.
3. R.C. Beuthin (1965), General Principles of Interpretation of Statutes, Annual Survey
of South African Law, Pp. 489-501.
4. Justice Vinelott (1982), Interpretation of Fiscal Statutes, Statute Law Review, Vol.
No. 2, Pp. 78-86.
5. Jack Stark (1994), Should the Main Goal of Statutory Drafting Be Accuracy or
Clarity, Statute Law Review, Vol. No. 15, Issue No,3, Pp. 207-213.
6. Stefan Vogenauer (1997), What is the Proper Role of Legislative Intention in Judicial
Interpretation, Statute Law Review, Vol. No. 18, Issue No.3, Pp. 235-243.
7. Michael P. Healy (1999), Legislative Intent and Statutory Interpretation in England
and the United States: An Assessment of the Impact of Pepper v. Hart, Stanford
Journal of International Law, Vol. No. 35, Pp. 231-254.
8. Nirmal Kanti Chakrabarti (2012), Legislative Drafting and Law Reform: The Role of
Indian Judiciary, International Journal of Legislative Drafting and Law Reform, Vol.
No.1, Issue No.2, Pp.207-218.
9. Elizabeth M. Bakibinga (2015), A Global Perspective of Standardising Statutory
Writing: Lessons from the Developing World, International Journal of Legislative
Drafting and Law Reform, Vol. No. 4, Issue No.1, Pp. 60-90.
10. Khagesh Gautam (2019), The Use of International Law in Constitutional
Interpretation in the Supreme Court of India, Stanford Journal of International Law,
Vol. No. 55, Issue No.1, Pp. 27-68.
Cases for Guidance

25. Heydons Case (1584), 76 ER 637.
26. Keshav Mills Company Limited v. CIT, Bombay North, AIR 1965 SC 1636.
27. Santa Singh v. State of Punjab, AIR 1976 SC 2386.
28. Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548
29. K.P. Varghese v. Income Tax Officer,Ernakulam, AIR 1981 SC 1922.
30. B. Prabhakar Rao and Others v. State of Andhra Pradesh & Others, AIR 1986 SC 120.
31. State of Kerala v. Mathai Verghese& Others, AIR 1987 SC 33.
32. General Electric Co. v. Renusagar Power Co. (1987) 4 SCC 137.
33. U.P. Bhoodan Yagna Samiti v. Braj Kishore, AIR 1988 SC 2239.
34. Pepper v. Hart (1993), 1 ALLER 42 (HL).
35. Institute of Chartered Accountants of India v. Price Waterhouse, AIR 1998 SC 74.
36. Mr. ‘X’ v. Hospital ‘Z’, AIR 1999 SC 495.
37. S.R. Chaudhuri v. State of Punjab & Others (2001) 7 SCC 126.
38. Distt. Mining Officer v. Tata Iron and Steel Co. (2001) 7 SCC 358.
39. Rupa Ashok Hurra v. Ashok Hurra& Another, AIR 2002 SC 1771.
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Learning Outcome
After the course students will be able to-
1. Understand the concerns of human communication and relevance of interpretation.
2. Learn the necessity of principles of interpretation as consistent source of man-made
laws.
3. Develop the skills of reading and writing legislations and deducing hidden
assumptions with accuracy.
4. Visualise the significance of principles of interpretation as tools of social change.
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PROFESSIONAL ETHICS,
ACCOUNTANCY FOR LAWYERS AND
BAR BENCH RELATIONS
(CLINICAL COURSE: I)
Legal profession is a noble profession. Every profession must have an ethics

particularly legal profession is most ethical because an advocate is socially
responsible and accountable. Professionally advocacy is an art and they have
accountability towards court, parties and community at large. The Advocates and
Judges should work interdependently each other. Judiciary is an important organ of
a state and guardian of basic rights of an individual. As a part and parcel of
Judicial system Bar (Advocates) Bench (Judicial Officers) relations is inseparable.
This course is enlightening code of conduct of an Advocate, accountability and
responsibility of legal profession and the contribution of Bar and Bench towards
access to justice.
COURSE OUTLINE
1. The meaning of Ethics
2. Professional Ethics
3. Code of Conduct
4. Misconduct
5. Importance of Legal Education and Legal Profession in India
6. Historical Background and Significance – judicial process in India
Module – II: Rights and Duties of a Lawyer / Lawyer’s Accountability
A. Duties towards Court, Client, Opposite Attorney, himself, Public, etc., - duty
towards legal fraternity and reforms, duty towards providing legal aid
B. Rights towards right to practice, right to argue his case, right over his
professional fees – certain limitation of rights such as restrictions on advertising,
bar from carrying on any other profession etc.,
Module – III: Law relating to Legal profession and its accountancy
A. Advocates Act, 1961
Advocate – Bar Council of India – Legal Practitioner – State Bar Council and its
composition, powers and functions – Bar Council of India and its composition,
powers and functions – Committees such as Disciplinary committee, Legal aid
committee and other committees – Admission and Enrolment – Disqualification –
Senior Advocate, Advocate on Record – Misconduct and its punishment for
misconduct - Deficiency in Service and Negligent act of Advocacy – Liability and
Remedy – Privileged Communication – Vicarious Liability – Advocate Clerk and
his responsibility
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B. Bar Council of India Rules, - BCI and its Committees – Directorate of Legal
Education – All India Bar Examination – Legal Education (amendment) Rules,
2016
C. The Contempt of Courts Act, 1971 – Contempt of Court – Civil contempt and
Criminal contempt
Defences and Punishments – Appeal
Module – IV: Bar – Bench Relations
A. Advocates and Judges – indispensible partners – composition of Bar
Associations – Duties of the Bar
B. Fair trial – Court Decorum, Discipline, attitude and sincerity – Duty of Judges –
without bias, impartial and good conscience in justice delivery
C. Academic Contribution – skills of lawyer seven lamps of advocacy
Module – V: Modern era (Globalisation) and Legal services in India
A. Impact of Foreign Legal Studies and legal services in India – Legal aid – Law
firm and legal services – Legal Outsourcing – Law school in India and its legal
ethics - dress code, need of practical litigating lawyer
B. Legal services in modern era: – Techno legal lawyering – Digital India and
Legal profession E courts – video conferencing - Alternative Disputes
Resolution – Mediation and Conciliation
Module – VI: International concern on Legal profession and ethics
A. Private International Law and legal issues – international crimes and legal
opinion under ethical manner – cross border terrorism – human trafficking –
Drug trafficking –
B. Pleading of Foreign lawyering and its issues – Italian Marine Case –
Jurisdictional issues in India – Commission of Foreign Witnesses
Module – VII: Contribution of Bar Council on Legal Education
A. Bar Council of India – Rules of Legal Education, 2019 – Centre of Legal
Education – Legal Education Committee – Admission and Enrolment –
Eligibility
B. Maintenance of Standard of Legal Education – Inspection, Recognition and
Accreditation – Inspectorate, Legal Education Inspection Board – Approval of
Centre of Legal Education – Legal Education Accreditation Board – Directorate
of Legal Education – Recognition of Foreign Law Degree – Equivalence –
Miscellaneous provisions
Apart of class room teaching in this course, this course is a clinical course so
the marks shall be allocated based on internal assessment only. For two project
submission 25 marks each, for case study 25 marks (High Court and Supreme Court
Judgements), for mid-semester 20 marks and attendance 05 marks – total 100marks
138
Statue for Reading
1. Advocates Act,1961
2. Contempt of Courts Act,1971
3. Bar Council of India Rules
4. Legal Education Rules,2008
5. Bar Council of India, Draft Rules on Legal Education,2019
Rule framed cases

1. Vishram Singh Raghubanshi v. State of UP (AIR 2011 SC 2275)
2. Vijay Singh v. Murarilal AIR 1979 SC 1719

3. S J Chaudhary v. state of Delhi AIR 1984 SC 618
4. Chandra Shekhar Soni v. Bar Council of Rajasthan AIR 1983 SC 1012
5. Ex- Capt Harish Uppal v. Union of India AIR 2003 SC 739

6. John D’ Souza v. Edward Ani AIR 1994 SC 975
7. Himalayan Cooperative Group Housing Society v. Balwan Singh AIR 2015
SC 170
8. Vishwanath Swami v. Bar Council of India AIR 2013 SC 3589
9. A S Mohammed Rafi v. State of tamil Nadu AIR 2011 SC 308
10. D Saibaba v. Bar Council of India AIR 2003 SC 2502
11. Pushpaben v. Narandas V Badiani AIR 1979 SC 1536
12. L D Jaikwal v. State of UP AIR 1984 SC 1734
13. Charan Lal Sahu v. Union of India AIR 1988 SC 107
14. P N Duda v. V P Shiv Shankar AIR 1988 SC 1202
15. Dr. Subramanian Swamy v. Arun Shourie AIR 2014 SC 3020
139
1. K V krishnaswamyIyer – Professional Conduct and Advocacy,
Ingram Short title, (2015).
2. Dr. Kailash Rai, Legal Ethics- Accountancy for Lawyers and Bench and
BarRelations, Central Law Publication,(Reprint-2016)
3. B R Aggarwala, Supreme Court Practice andProcedure
4. P RamanathIyer, Legal and Professional Ethics, (3rded.,)
5. Dr. S P Gupta, Professional Ethics, Accountancy for Lawyers and Bench-
barRelations
6. M P Jain, Outline of Indian Legal History-Chapter : Development of
LegalProfession
7. M R Mallick- The Advocates Act 1961 with Professional Ethics,
Advocacy andBar- benchRelationship
8. Dr. B Malik: The Art Of alawyer
9. Nilendra Kumar and Neha Chaturvedi: M K Gandhi’s : The Law andLawyer
10. Saadiya Suleman: Professional Ethics & Advertising byLawyers
LearningOutcome
• After completion of this course the student will be able to perform as good
lawyering
• The student of law must be oriented with disciplined, well performed and
socially ethically trainedprofessional.
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FOURTH YEAR
VII-SEMESTER
LABOUR LAW-I INDUSTRIAL RELATIONS AND WAGE LAWS
Objectives of the course
Labour rights are being integral to the social and economic development since the industrial
revolution. Well balanced industrial development leads to increased productivity which in
turn is a factor of national progress. Gone are the days when despotic industry-owners
treated our precious labour as a mere factor of production, no more than a cost to minimise
in the profit and loss account. As we grow to honour the crucial contribution of labour in
society, studying, analysing and understanding system of labour laws, and exploring, with a
keen and uncompromising eye, its flaws, failures, gaps and loopholes, is the key to combating
rampant inequality and ensuring that labour has the right to live with dignity. The labour
laws introduced for this course defines socio-legal control of labour relations and the
history, the present norms, the emerging areas and possible future techniques of labour
jurisprudence with reference to the tripartite responsibility of State, Workers and Employers.
I. Educate the student on the historical evolution of modern labour jurisprudence;

II. Explain the importance of the International LabourOrganisation and its role in the
development of labour law;
III. Elucidate the importance of, and laws governing, trade unions;
IV. Create a broad and deep understanding of the law related to industrial relations in
India;
V. Examine the importance of standing orders;
VI. Detail the various statutory requirements under legislations related to wages; and
VII. Develop a keen awareness of labour rights under various situations.
The following syllabus prepared with this perspective will comprise 5 modules.
COURSE OUTLINE
Module I: Evolution of Labour Legislations
(a) Historical Perspectives on Labour –Genesis of Labour Legislation - Modern Factory

System- - Impact of Industrialisation.
(b) Labour Policies in India.
(c) Master and Servant Relationship.
(d) Shift From Laissez Faire to Welfare Policy.
(e) Role of the State in Industrial Relations.
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(f) Constitutional Perspectives on Labour Laws.
(g) Workers Participation in Management.
(h) Labour Law Reforms.
(i) International Labour Organisation - Setting Labour Standards - Conventions and
Recommendations - ILO and India - Conventions Ratified in India - Impact of ILO and
Indian Labour Legislations.
Module II : Regulation of Trade Unions and Collective Bargaining
(a) Trade Union Movement in India - Development of Trade Union Legislation in India -
Weakness of Trade Union Movement.
(b) Out Siders in Trade Unions.
(c) Inter-Union and Intra-Union Rivalries
(d) Trade Unions Act, 1926 – Scope and Object - Definitions - Registration of Trade Unions
– Members - Office Bearers - Rights and Liabilities of Trade Union - Privileges and
Immunities of Registered Trade Unions.
(e) Recognition of Trade Unions.
(f) Collective Bargaining - Pre-requisites for Effective Collective Bargaining - Advantages
and Disadvantages of Collective Bargaining - Enforcement of Collective Bargaining in India.
Module III: Regulation of Industrial Disputes
(a) Industrial Relations And Industrial Peace-Causes Of Industrial Disputes-System Of

Adjudication Machinery Before 1947.
(b) Industrial Disputes Act,1947 – Scope And Object - Definitions – Industry – Industrial
Dispute – Workman - Lay Off – Retrenchment - Closure - Transfer of Under Takings - Kinds
of Strike Regulation of Strike and Lock out -Unfair Labour Practices and Victimisation.
(c)Dispute Settlement Authorities - Reference Power of the Government - Grievance
Redressal Machinery - Works Committee-Conciliation – Arbitration - Adjudication: Labour
Court, Industrial Tribunal and National Tribunal - Award – Settlement - Change of
Conditions of Service During the Pendency of Proceedings.
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Module IV: Standing orders and Disciplinary Proceedings
(a) The Concept and Nature of Standing Orders.

(b) Industrial Employment (Standing Orders) Act, 1946 - Certifying Officers; Appointment,
Jurisdiction and Powers and Duties- Procedure for Certification of Standing Orders -
Duration - Modification of Certified Standing Orders - Appeal Against Certification -
Registration of Standing Orders - Effect of Certified Standing Orders -Temporary
Application of Model Standing Orders -Inspection Machinery.
(c) Misconduct - Domestic Enquiry - Stages Involved in Conducting Disciplinary Enquiry-
Framing of Charges – Explanation to Charge Sheet – Conduct of Domestic Enquiry –
Appointment of Enquiry Officer – Notice of Enquiry – Conduct of Proceedings – Rules of
Natural Justice in the Context of Disciplinary Enquiry – Enquiry Report – Punishment.
Module V : Wage Related Legislations
(a) Concept Of Wages - Fair Wage, Living Wage, Minimum Wage.

(b) Theories Of Wages
(c) Wage Structure
(d) Wage Policy In India.
(e) Minimum Wages Act, 1948 - Definitions - Fixation and Revision of Minimum Wages;
Methodology, Procedure, Advisory Boards – Authority to Hear and Decide Claims-
Inspectors, Powers, Claims - Offences and Penalties.
(f) Payment of Wages Act, 1936 - Definitions – Obligations of the Employer- Permissible
Deductions-Authorities Under the Act - Inspectors and Their Powers – Offences and
Penalties.
(e) The Payment of Bonus Act, 1965 - Bonus Commission - Definitions and Coverage -
Kinds of Bonus - Eligibility and Extent of Bonus - Calculation of Bonus: Available Surplus,
Allocable Surplus, Set on and Set off - Forfeiture of Bonus – Machinery for Settlement of
Bonus Disputes.
143
Books:
1. S.N.Mishra, “ Labour and IndustrialLaw”, (Allahabad: Central Law Agency, 2019).
2. Dr.V.G.Goswami, “Labour and Industrial Laws”, (Allahabad: Central Law Agency,
2019).
3. MadhavanPillai, “Labour and IndustrialLaws” (Allahabad: Allahabad Law Agency,
2017).
4. S.C. Srivastava, “Industrial Relations and Labour Laws” (New Delhi: Vikas
Publishing House Pvt. Ltd., 2019).
5. Meenu Paul, Labour and Industrial Law (Allahabad law Agency 2017).
1. Suresh C. Srivastava, “Labour Welfare and the Law” 17 Journal of Indian Law
Institute 342-366 (1975)
2. Manishi Pathak, “An Overview of Contract Labour Related Laws in India” NLS Bus.
L.Rev. 20-35 (2017).
3. Zubair Ahmad Khan &Hina Varshney, “Implementation of the Labour Welfare

Provisions for Women Workers in the Unorganised Sector in India: A Critical
Analysis” 21 Aligarh Law Journal 62 (2013).
4. Usha Ramanathan, “Statute Law, Injury & Compensation” 47 Journal of Indian Law
Institute 158-198 (2005).
5. N.S.Kamboj, “Hazardous Industries Policy & the Law” 46 Journal of Indian Law
Institute 449-462 (2004).
144
Further Readings:
Books:
1. K.D. Srivastava's Commentaries on Workmen's Compensation Act, 1923: with
Supplement, (Lucknow: Eastern Book Co., 6th Revised ed., 1999).
2. K.D. Srivastava's Commentaries on Employees' State Insurance Act, 1948: with
Supplement, (Lucknow: Eastern Book Co., 5th Revised ed., 2001).
3. K.D. Srivastava's Employees' Provident Funds and Miscellaneous Provisions Act,
1952, Revised by S.C.Srivastava, (Lucknow: Eastern Book Co. 8th Edition, 2001).
4. K D Srivastava’s Commentaries on Payment of Gratuity Act, 1972 with supplement,
(Lucknow: Eastern Book Co., 5th ed., 2016).
5. K.D. Srivastava's Commentaries on Factories Act, 1948: with Supplement, (Lucknow:
Eastern Book Co., 5th Revised ed., 2001).
Journals:
1. RP.Rangeela, Mrs.Girija Anil, “Welfare measures under the Factories Act: A Critical
Appraisal” International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018)
p.255.
2. S.Gokulakrishnan , Dr.DVezhaventhan, “A Study on Maternity Benefit Scheme in India”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.4393.
3. Priyanka.B, A.Sreelatha, “Effective Implementation of Maternity Benefit Act Of 1961”

4. K B Ravindra, “Labour Welfare and Social Security” Ushus J B Mgt 13, 1(2014), p.77.
5. Manvendra Singh Jadon and Ankit Bhandari, “Analysis of the Maternity Benefits
Amendment Act, 2017 and its Implications on the Modern Industrial Discourse” Christ
University Law Journal, 2019 Vol. 8, No,2, p. 63.
6. Mrs. Sumitra Pujari, “A Study on Welfare Schemes of ESI” International Journal of

Engineering Technology Science and Research, Vol.5, Issue 1, (2018), p.761.
7. Dr. A. Ananda Kumar, Dr. D. Porkalai& Mr. A. Savio Arokiadass, “Effective Utilization
of Employee State Insurance (ESI) Policy at E-Publishing Sector” Global Journal of
Management and Business Research: G Interdisciplinary Vol.17, Issue 5 (2017) p.35.
145
8. Jerome Joseph and Srinath Jagannathan, “Employment Relations & Managerialist
Undercurrents — The Case of Payment of Gratuity Act, 1972” Indian Journal of Industrial
Relations Vol. 47, No. 2 (October 2011), p. 253.
9. Yashik, P. M. (2014). ”A study about the Labour welfare and Social Security Measures in
India”, International Journal of Management, 2, p.23.
10. Sravanthi, B., “Social security in India: constitutional frame work” International Journal
of Development Research, Volume 8, Article ID: 12929.
Cases for Guidance:
1. United India Insurance Co. Ltd. v. (Smt.) Susheela, 2004 (101) FLR 393 (Karn HC)
2. Employees State Insurance Corporation v. Jaipur Enterprises, (1988) 56 FLR 207 (Raj.)
3. Employees State Insurance Corporation v. Hotel Kalpaka International, 1993 LLR 177 (SC)
4. Fenner (India) Ltd. v. Joint Regional Director, Employees State Insurance
Corporation,(2003) 2 LLJ 447 (Mad)
5. Municipal Corporation of Delhi v. Female Workers (Muster Rolls) and Another, AIR
2000SC 1274
6. Ram Bahadur Thakur (P) Ltd. v. Chief Inspector of Plantations, [1982 (2) LLJ 20]
7. Sri Rama Vilas Service Ltd. v. RPFC, 2000 I LLJ 709 (Mad)
8. Hindustan Lever Employees Union v. RPFC, 1995 (71) FLR 46 (Bom)
9. Mill Owners Association, Bombay v. Their Employees [1950 (II) LLJ 1247]
10. Standard Vacuum Refining Co. of India v. Workmen, AIR 1961 SC 895, 901
11. Mill Owners Association, Bombay v. Rashtriya Mazdoor Mill Sangh, [(1960) LLJ 1247]
12. Kothari Corporation v. Appellate Authority (Deputy Commissioner of Labour), Karnool
1998LLR 223
13. Management of Sri Akilandeswari Mills Ltd. v. Asst. Commissioner of Labour (2000) I
LLJ1411 Mad
14. Workmen of American Express International Banking Corporation v. American
ExpressInternational Banking Corporation [AIR 1986 SC 458]
15. JayathilalDhaniji& Co. Oil Mills v. Employees State Insurance Corporation [(1966) 2
LLJ542]
146
Learning Out Come:
• Appreciate the evolution and conceptual backbones of social security laws and recognise the
pivotal role played by ILO in ensuring social security rights for workers;
• Distinguish the rights of employees under various employment-related mishaps and
consequences and understand the scope and reach of state insurance benefits to employees;
• Critically analyse maternity benefits available to women employees and their
adequacy/inadequacy;
• Discern the nuances of retirement benefits payable to employees; and
• Comprehend the compliances to be followed by factories and critically analyse relevant laws.
147
ENVIRONMENTAL LAW
The objective of the course is to make environmental law familiar to the students by
understanding all dimensions of the subject. This module addresses the UGC mandate to
introduce the ‘environmental studies’ and Bar Council framework syllabus for the subject.
The paper chooses certain international legal regimes to introduce the interface between
international and national laws. The module is aptly divided to have a comprehensive
understanding of natural resource law and pollution control laws. Emerging regimes such as
mining, nuclear energy and health laws are introduced. The module will also introduce
disaster management, coastal regulation and biodiversity laws. An introduction to state laws
is provided to highlight the role of states in the environmental governance. The student will
have the following competencies after studying the subject:
1. Students will understand the interface amongst the academic disciplines in relation to
environment and identify the relevance of law in the resource discourse.
2. Students will appreciate the legal structure governing environmental concerns from
global scale to individual level.
3. Students will be able to apply the environmental law for situations that may arise in
the judicial, administrative and political platforms.
COURSE OUTLINE
Module I: Introduction1
A. Historical Perspectives- Ancient India –Vedas –Kautilya -Sangam Tamil

Classification - Ashoka and Budihism – Medieval India - Colonial Perspectives of
Environment –Environmental History of Europe
1
This module is framed in consonance with the UGC mandated ‘environmental studies’ paper for all the UG
courses.
148
B. Social, and Political dimensions of Natural Resources Use- Global commons – Rural
and Urban Commons -Environmental Pollution – Poverty, Development and
Environment - consumerism and minimalism – Ecological Footprint, Carbon
Footprint, Water Footprint and Virtual Water
C. Factors Affecting Environment – Deforestation - – Habitat Loss - Green House Gases
– Acid Rain – Climate Change
Module II Constitution and Environment
A. Environment and Fundamental Rights – Public Interest Litigations on Environmental

Protection – Higher Judiciary and Environment – Fundamental Rights – Right to
Environment, Health, Food, Nutrition, Water and Sanitation – Right to Environment
vs Right to Development
B. Directive Principles and Environment – Obligations of the State to Protect
Environment - Fundamental Duties to Protect Environment
C. Legislative Powers of Union and State over Environmental Aspects – Environmental
aspects in VII Schedule – Role of Local Bodies in Protection of Environment
Module III Principles of Environmental Law
Principles of Environmental Law - sustainable development - Public Trust -

Environmental Impact Assessment - precautionary principle - polluters’ pay - inter-
generational equity - permanent sovereignty over natural resources - Equitable
Utilisation
Module IV: International Environmental Law
A. United Nations and Environment– UN Institutions - UN conferences (from Stockholm

to Rio+20)
B. Selected international legal regimes - Climate Change Convention –Convention on
Biological Diversity – World Heritage Convention - Nuclear safety conventions and
IAEA
149
Module V: Pollution Control Laws
A. Water (Prevention and Control of Pollution) Act, 1974 –Air (Prevention and Control
of Pollution) Act, 1981 –Environment (Protection) Act, 1986- –Noise Pollution Rules
B. Rules relating to Hazardous wastes, Plastic Waste, Bio-Medical Waste, E-Waste,
Solid Waste, and Batteries
Module VI: Ecological Conservation and Animal Welfare Laws
A. Enactments relating to Forests, Wildlife, Prevention of Cruelty to Animals and Bio-

diversity - Groundwater and surface water regulation – Rainwater Harvesting –
Encroachment of Water bodies – Irrigation Laws
B. Laws and Policies relating to Food Security, Organic farming, Seeds and Pesticide
Module VII Environmental Degradation, Disasters and Public Health
A. Regulation of Fisheries - Coastal Regulation – Marine Environment

B. Energy Laws -Regulation of Mines and Minerals
C. Disaster Management Act – Public Health Laws – Laws relating to Communicable
Diseases in Human and Animal Population
Module VIII Remedies for Environmental Pollution
Common Law Remedies/Remedies under Law of Tort –Penal Remedies –Indian

Penal Code and Code of Criminal Procedure -Public Liability Insurance Act –The
National Green Tribunal Act, 2010.
Statutory Materials: Bare Acts International Conventions
Books
1. P. Leelakrishnan, Environmental Law in India (Butterworths, 2019)
2. S. Shanthakumar, Environmental Law –An Introduction (Butterworths 2004)
3. ShyamDiwan and Armin Rosencranz, Enviromental Law and Policy in India (Oxford
2002)
4. NawneetVibhaw, Environmental Law: An Introduction (Lexis Nexis 2016)
5. Alan Boyle and Patricia Bernie, International Law and Environment (Oxford 2009)
6. Philippe Sands, Principles of International Environmental Law (Cambridge 2018)
150
Selected Articles
• Armin Rosencranz(ed) Supreme Court and India’s Forests, EPW (2008)

https://www.epw.in/journal/2008/05/commentary/supreme-court-and-indias-
forests.html
• Gitanjali Gill, “Precautionary principle, its interpretation and application by the Indian
judiciary…” Environmental Law Review (2019)
https://journals.sagepub.com/doi/full/10.1177/1461452919890283
• Glyn Williams and Emma Mawdsley, “Postcolonial environmental justice:
Government and governance in India” Geoforum 37 (2006) 660–670
• Nupur Chowdhury(ed), the National Green Tribunal in India: Examining the question
of jurisdiction, Asia Pacific Journal of Environmental Law, (2018)
https://www.teachenvirolaw.asia/sites/default/files/jurisdiction-ngt-nupur-nidhi-
2018.pdf
• Philippe Cullet(ed), “Inter-Sectoral Water Allocation and Conflicts: Perspectives from
Rajasthan” EPW (2015) http://www.ielrc.org/content/a1503.pdf
• Sakthivel.P (ed) “Managed aquifer recharge: the widening gap between law and
policy in India,” Water Supply (2015) https://doi.org/10.2166/ws.2015.074
• Sax, Joseph L. “Public Trust Doctrine in Natural Resource Law: Effective Judicial
Intervention” Michigan Law Review (1970)
https://heinonline.org/HOL/LandingPage?handle=hein.journals/mlr68&div=32&id=&
page=
• Shibani Ghosh(ed), ‘Appellate Authorities under Pollution Control Laws in India:
Powers, Problems and Potential’,14/1 Law, Environment and Development Journal
(2018), p. 45,available at http://www.lead-journal.org/content/18045.pdf
• SujithKoonan, “Constitutionality of the Plachimada Tribunal Bill, 2011: An
Assessment” Law, Environment and Development Journal (2011) http://www.lead-
journal.org/content/11151.pdf
151
Recommended Case Laws
India
• M.C. Mehta v Union of India (Oleum Gas Leakage case) (1987) 1 SCC 395
• Mrs.Susetha v State of T.N. (2006) 6 SCC 543,
• T.N. GodavarmanThirumulpad v. Union of India (1997) 2 SCC 267
• S. Jagannath v Union of India (1997) 2 SCC 87
• Murli S. Deora v Union of India (2001) 8 SCC 765
• Vellore Citizens’ Welfare Forum v Union of India (1996) 5 SCC 647
• Ratlam v. Vardhichand(1980) 4 SCC 162.
• Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P AIR 1985 SC 652
• Indian Council for Enviro-legal Action vs. Union of India 1996 AIR 1446
• Tripur Dyeing Factory Owners Association V/s

NoyyalRiverAyacutdarsProtectionAssociation&Ors. AIR 2010 SC 3645
• Almitra H. Patel v. Union of India

http://www.indiaenvironmentportal.org.in/files/Almitra%20Patel%20Corrected%20O
rder%202%20Jan%202017%20NGT.pdf
• Save Mon Region Federation v. Union of
Indiahttps://indiankanoon.org/doc/189583188/
• Samit Mehta v. Union of
Indiahttps://www.casemine.com/judgement/in/5b17d5604a932678010063da
• Srinagar BandhAapdaSangharshSamiti v. Alaknanda hydro Power
https://www.casemine.com/judgement/in/5c062c18b338d16e11efe962
International
• Certain Activities Carried Out by Nicaragua in the Border Area https://www.icj-

cij.org/en/case/150
• Pulp Mills on the River Uruguay https://www.icj-cij.org/en/case/135
• Nuclear Tests https://www.icj-cij.org/en/case/58
• Whaling in the Antarctic https://www.icj-cij.org/en/case/148
• South China Sea Arbitration Casehttps://pca-cpa.org/wp-
content/uploads/sites/6/2016/07/PH-CN-20160712-Award.pdfz
• Indus Waters Kishenganga Arbitration https://pca-cpa.org/en/cases/20/
152
Foreign
• Urgenda Foundation v. The State of the Netherlandshttps://elaw.org/nl.urgenda.15
• Jam v. International Finance
Corporationhttps://www.supremecourt.gov/opinions/18pdf/17-1011_mkhn.pdf
Learning Outcome
After undergoing this course,
1. Students will know the basic environmental concerns from scientific, historical and
political perspectives.
2. They will be able to identify the constitutional scheme and propositions relating to
environmental management.
3. They will understand the complexities of institutions, stakeholders’ interest and
politics over natural resources from villages to globe.
4. The students will understand, apply and think on the laws and governance structure of
pollution control and natural resources management laws. They will have a clear
understanding of various remedies for environmental wrongs.
153
BANKING LAW
Banking Institutions have become important players in the present day economy. They
play pivotal role in the growth of trade, commerce and industry. Several policy initiatives and
legislative amendments have changed the role of Banks from being mere economic
institutions in to agents of social change. Appreciating the importance, the Government has
enacted several enactments to direct, regulate and control the banks and banking operations,
through Reserve Bank of India and Ministry of Finance. The course is designed to primarily
acquaint the students with operational parameters of banking law, and to teach the general
principles of banking law and to develop appreciative faculties of the students in statutory as
will as well as case – law in this area.
After undergoing the study of this subject the student should be able to understand the
following;
1. The basic concepts related to banks in India and its related terminologies
2. The nature and evolution of banking in India and also the types of banking in India
3. The procedural aspects and the way of performance of banking sector in India
4. The meaning, nature and various issues pertaining to Negotiable Instruments Act
5. The changing dimensions of Banker customer relationship
6. The recent changes in the Banking sector after globalization.
COURSE OUTLINE
Module I – Introduction to Banking Law
a) Origin and Development of the word ‘Bank’ – Early history of banking – Definition
of Banking – Difference between banking and money lending.
b) Functions of a Commercial Bank.
c) Structure of a Banking System.
d) Basic terminologies - DD, MT, TT, Traveler’s cheques, bank orders, credit card,
debit/smart cards, safe deposit vaults, gift cheques, stock invest.
e) Indian Banking Structure .
Module II – Nature and evolution of Banking

a) Origin and Evolution of Banking Institutions in India
b) Types and functions of banks - Commercial banks – Functions – Banking Companies
in India – RBI - Constitution, Management and Functions - Banking Regulation Act,
1949 – State Bank of India- UTI, IDBI, RRBs’-Local banks
154
c) Nationalizations of Major Banks.
d) RBI’s control over Commercial Banks – Special status of RBI and State Bank of
India.
e) Subsidiary Banks
Module III- Procedural aspects in banking sector
a) Subsidiary Business Operations of Bankers with special reference to Safety Deposit
Lockers – Liability of Bankers in Case of Robberies and Fraud by Bank Employees –
Vicarious Liability of the Bank Employees – Vicarious Liability of the Bank.
b) Employment of funds - Loans and Advances- Guarantees- Advances secured by
Collateral securities- Agency Services- Financing of Exports- Special Banking
Services – Advances to Priority Sectors and Credit Guarantee schemes .
c) Recovery of Loans and advances – Recovery of Debts Due to Banks, Financial
Institutions Act, 1993 – Effects of Winding Up of Banking Companies – Rights of
Customers on Winding Up of Companies .
d) Necessity for reforms in Indian Banking Law to meet Global Challenges.
e) Banking Ombudsman.
f) Debt Recovery Tribunal – The Sick Industrial Companies (Special Provisions) Act,
1985 - SARFAESI Act – Insolvency and Bankruptcy Code, 2016
Module IV- Negotiable Instruments

a) Law relating to Negotiable Instruments, 1881 Act (Read with the amended Act of
2002) – Definition, Characteristics and categories of Negotiable Instruments –
Promissory Note – Bill of Exchange – cheques – Difference between them – kinds of
Bills, Hundis, Letteres of Credit - Parties to Negotiable Instruments.
b) Rights of Holder and Holder in Due Course against Banker – Capacity of Parties -
Presentation – types of Acceptance – effects of non – presentation - Negotiation -
Assignment– Endorsement- Discharge of Instruments – Modes of discharge - Material
alteration – Dishonour of a Bill of Exchange – Modes of Dishonour – Notice of
Dishonour – Effects of Dishonour - Noting and protest – Compensation – Acceptance
for Honour – Payment for Honour – Drawee in case of need.
c) Liability of various parties; Drawer, Maker, Drawee, Endorser, Liability for
unjustified Dishonour – Banker justified in refusing payments on a cheque – Liability
of transfer by delivery – Liability under Accommodation Bills – Liability on Foreign
Instruments – Presumptions in favour of Negotiable Instruments - Various Kinds of
155
Crossing – Effect of crossing a Cheque – Liability of parties – Payment in due course
– Special rules of evidence – Paying banker and collecting banker - Penal provisions
under NI Act - Civil and Criminal Liability for Dishonour of cheques under Section
138 to Section 142 of the Amended Negotiable Instruments Act –Banker’s book
evidence Act.
Module V– Relationship between Banker and Customer & Statutory Rights of a

Banker
a) Banker and customer Relationship - Definition of banker and customer – General

relationship – Special relationship .
b) Banker’s duty of secrecy, banker’s duty to honour cheques, banker’s lien, and banker’s
right to set off - Appropriation of payments - Garnishee order - Customer’s duties
towards his banker – Rule in Clayton’s Case -Statutory protection to paying banker.
c) Dishonor of Cheque by a Paying Banker - Statutory protection to collecting

banker. , Cheque book, Pass book, Individual Account, Joint Account.Opening of New
Accounts
– Special types of customers.
Module VI– Modern Banking and Globalization of Banking Sector
a) E-Banking - Definition – E-Banking includes - Internet banking, mobile banking, ATM

banking, computerized banking – Clearing System – RTGS – NEFT – IFSC – ATM –
CBS – CTS – E- banking services – retail services – wholesale services – E- Cheque-
authentication.
b) Cyber Crime and Banking Frauds – Cyber Evidence .
c) Globalization of Banks – Banks as Investors – Banks and Mutual Fund – Banks in

Stock Exchange – QIB – FII – FDI – International Banking Management – Forex
Market – Legal Disputes and Settlement thereof.
Recommended Readings
Prescribed Books:
1. M. L. Tannan- Law of Banking.
2. M. S. Parthasarathy (Ed.), Khergamvala - Negotiable Instruments Act.
3. Justice Bhaghabati Prasad Banerjee- Guide to Securitisation and Reconstruction of
156
Financial Assets and Enforcement of Security Interest Act, 2002.
4. Avtar Singh – Negotiable Instruments Act.
5. Basu - Review of Current Banking: Theory and Practice. Paget- Law of Banking.
Journals with Articles :
1. Ankieth Vasisht, "Fundamental Principles of Cheque under the Banking

Legislation",http://lawtimesjournal.in/fundamental-principles-of-cheque-under-the-
banking-legislation/
2. ICSI, "Banking Law and

Practice",https://www.icsi.edu/media/webmodules/publications/9.1%20Banking%2
0Law%20-Professional.pdf
3. Law Times Journal, "Objectives and Organizational Structure of

RBI",http://lawtimesjournal.in/objectives-and-organizational-structure-of-reserve-
bank-of-india/
4. Shivani Sethi, "Central Banking Institution and RegulatoryFramework",

http://lawtimesjournal.in/central-banking-institution-and-regulatory-framework/
5. S.Gopalan and Ramkishen, ‗Financial Sector De-Regulation in Emerging Asia: Focus

on Foreign Bank Entry‘ 11 Journal of World Investment and Trade 91(2010)
Further Readings:
Books:
1. M.L.Tannan,, C.R. Datta & S.K. Kataria revised by - Banking Law and Practice,
Wadhwa & Company, Nagpur
2. A.B. Srivastava and Elumalai - Seth’s Banking Law, Law Publisher’s India (P)
Limited K.
3. R.K. Gupta : BANKING Law and Practice in 3 Vols.Modern Law Publications.
4. Prof. Clifford Gomez - Banking and Finance - Theory, Law and Practice, PHI
Learning Private Limited
5. J.M. Holden - The Law and Practice of Banking, Universal Law Publishing.
6. Legal and Regulatory Aspects of Banking - JAIIB (3rd Edition) January 2015,
published by Indian Institute of Banking and Finance
7. R.N.Chaudhary – Banking Law, Central Law Publication,India,January 2016.
8. Khergamvala on the Negotiable Instruments Act – As Amended by the Negotiable

Instruments (Amendment) Act, 2015
157
9. Supreme Court on Banking Law by S N Gupta, Universal Law Publishing an
imprint of LexisNexis,6th Edition
10. CIRP & Liquidation A Comprehensive Commentary As per Insolvency and

Bankruptcy Code 2016 by SoumitraLahiri, Wolters Kluwer.
Journal:
1. Indian Journal of Finance and Banking, ISSN: 2574-6081 (Print), ISSN: 2574-609X
(Online) , Centre for Research on Islamic Banking & Finance and Business.
2. Journal of World Investment and Trade 91(2010)
3. Journal of Internet Banking and Commerce,India
4. Interdisciplinary Journal of Contemporary Research In Business
5. International Journal of Economics and financial issues
6. Journal of Internet Banking and Commerce
7. IOSR Journal of Economics and Finance
8. International Journal of Business & Information Technology
9. Harward Business Review on Corporate Governance.
10. Journal of Computer and Internet Security
Cases for Guidance:
1. A.V.Murthy vs B.S Nagabajavanna ((2002) 2 SCC 642)
2. All India Bank Officers’ Confederation vs Union of India, (1989) 4 SCC 90
3. Allahabad Bank vs Canara Bank AIR 2000 SC 1535
4. Ashok YeshwantBadeve vs Surendra MadhavraoNighojakar (2001)3 SCC 726
5. Australia and New Zealand Bank vs Ateliers de Constructions Electriques de

Cherleroi [1967] 1 AC 86 PC
6. Bank of Bihar vs Mahabir Lal (AIR 1964 Supreme Court 397)
7. Bank of India vs Vijay Ramniklal AIR 1997 Guj.75
8. Bank of Maharashtra vs M/s Automotive Engineering Co. (1993) 2 SCC 97.
9. Bank of Maharashtra vs. M/s. United Construction Co. and Others(AIR 1985 Bombay
432)
158
10. Bareilly Bank Ltd. vs Naval Kishore (AIR 1964 All 78)
11. Bhutoria Trading Company (BTC) vs Allahabad Bank (AIR 1977 Cal. 363)
12. Bihta Co-operative Development and Cane Marketing Union Ltd. vs bank of Bihar
(AIR 1967 Supreme Court 389).
13. Brahammaya vs. K.P. Thangavelu Nadar, AIR (1956), Madras 570
14. Brahma Shumshere Jung Bahadur vs Chartered Bank of India, Australia and China
(AIR 1956 Cal. 399)
15. Canara Bank vs. Canara Sales Corporation and Others (AIR 1987 SC 1603)
Learning Out Comes:
After undergoing this course you will be able to :
1. Understand the banking system and their regulations.
2. Compare the different nature of regulations for different types of banks and also
analyse their needs and values.
3. Appreciate the law relating to negotiable instruments and also understand the various
judicial and legislative perspectives.
4. Understand the different aspects of Banker customer relationship.
5. Ascertain the various issues and challenges pertaining to Modern Banking and
related technology
159
INTELLECTUAL PROPERTY LAW

The new trends in International Trade ushered in by the WTO and the TRIPS Agreement
demand for a serious rethinking on teaching Intellectual Property Laws. The new economic
policies, it is assumed will facilitate the free movement of capital, technology and goods
based on new technology across the borders to promote International Trade. This is expected
to bring in new technology for the industrial and economic development of India. It is also
expected that there is going to be more investment on the research and development by the
local industries to face the new international competition. On the other hand development of
science and technology result in cultural property violating the intangible cultural heritage/
traditional cultural expression and traditional knowledge of the developing countries and
Human Rights of Indigenous Communities. This demand, India to afford better protection for
the Intellectual Property based on the TRIPS Agreement and also to preserve and conserve
the cultural heritage of the country.
The course is designed with a view to create IPR consciousness; and familiarize the learners
various issues and challenges relating to IPR.
COURSE OUTLINE
Module I Introduction to Intellectual Property Rights:
a) Definition, Concept and Nature of Property, Kinds of Property;

b) Intellectual Property - Meaning, Nature, and Concept;
c) Theories of IPR- Natural Rights, Social Contract Theory, Incentive to Disclose
Theory, Locke’s Theory of property, utilitarian Theory, Marxian Theory and Theory
of Cultural Relativism;
d) Indian theory on Private Property and IP-Svatva, Svamitva and Svatantrya-
MamedamIti (it is mine);
e) Constitutional Values and Protection of Private Property and Intellectual Property-
Need for Protection of Intellectual Property- Origin and Development of Intellectual
Property Rights.
160
Module II: Internationalization of IP Protection
a) Major Convention on IP-Paris Convention, Berne Convention, TRIPS Agreement;

b) Principles of Reciprocity and Priority- Concept of Minimum Standards- Concept of
National Treatment and Most Favoured Nation (MFN),
c) Doctrine of Exhaustion with respect to Intellectual Property Rights;
d) Intellectual property in Common Law and Civil Law (course of employment).
Module III: Law of Copyright and Neighbouring Rights
h) Historical Origin of Law of Copyright and Neighbouring Rights;

i) Subject Matter of Copyright and Neighbouring Rights- Minimum Standard
requirements-Doctrine of merger-Doctrine of Sweat of the Brow- Economic and
Moral Rights;
j) Assignment and Licenses –Compulsory License – Statutory licence;
k) Infringement of copyright-Limitation and Exception-fair use/fair dealing-
Digitalization of copyrighted work- Anti Circumvention law-Remedial Mechanism
for infringement of Copyright and Neighbouring Rights.
Module IV: Patent Law
e) Origin and Development of Patent Law- Patentable Subject Matter- Patentability

Criteria-Pharmaceutical, biotechnology, software -Invention not Patentable;
f) Rights of Patent Holders – Limitations and Exceptions-compulsory license -Bolar
Exception-parallel imports.
g) Enforceability of Patent Rights- Claim interpretation and Construction- Doctrine of
Equivalents – Doctrine of Pith and Marrow- remedies for Patent Infringement.
Module V: Protection of Plant Varieties and Farmers’ Right
k) International Undertaking on Plant Genetic Resources for Food and Agriculture,

Convention on Biological Diversity, ITPGRFA 2001.
l) The Protection of Plant Varieties and Farmers' Rights, 2001- Definition of Plant
Varieties and Farmer‘s Rights- Registrable varieties- Genetically modified varieties-
Protection of Breeders and Farmers Rights- Researcher‘s Rights –Benefit Sharing.
161
Module VI: Trademarks and Geographical Indications:
a) Origin and development of Trademark-Meaning and definition of Trademarks- Types

of Trademark.
b) Basic principles of registration of trade mark- Absolute and relative ground for refusal
of registration of trademark .
c) Infringement of trade mark -deceptive similarity-concept of Dilution- Passing off-
Remedies.
d) Geographical Indications - International Protection under TRIPS- Meaning and
Definition of Geographical Indications, Indication of Source and Appellation Of
Origin- Producer or authorised user of GI.
Module VI: Industrial Designs:
a) Origin and development of Industrial Designs- Definition of Design- requirements of

originality or novelty- Copyright in Registered Designs - Piracy of Registered Design-
Remedies.
b) Definition of Layout Design and Integrated Circuit- Subject matter scope of
Semiconductor and integrated Circuit-Overlapping between Designs, Copyright and
Trademark.
Module VII: Contemporary Issues of IPR
a) IPR and Cultural Property-Traditional Knowledge and Traditional Cultural

Expression/ Folklore; Protection of the rights of Indigenous people- Access to Genetic
Resources, Prior Informed Consent and Benefit Sharing- Harmonization of CBD and
TRIPS; Inter-relationship between IPR and Human Rights (Art 17 and 27 of UDHR;
Art 15(1) of ICESCR).
b) IP protection for Artificial Intelligence output, algorithm and data – Ownership/
Inventorship Issue;
c) Protection of Database- EU Database Directive.
d) Patenting of Gene- Doctrine of Product of Nature;
e) Private International Law and Intellectual Property- Choice of Court, Choice of Law,
Recognition and Enforcement of Foreign Judgment.
162
Statutory Materials:
The Copyright Act 1957
The Patent Act 1970
The Trade Mark Act 1999
Industrial Designs Act 2000
The Geographical Indication of Goods (Registration and Protection) Act 1999
The Protection of Plant Variety and Farmers right Act 2001
The Semiconductor Integrated Layout Design Act 2000
Books:
1. R.S. Bhalla, The Institution of Property: Legally, Historically and Philosophically
Regarded, Eastern Book Co., (1984)
2. Dr. Mathew Thomas, Understanding Intellectual Property, Eastern Book
Company, Lucknow (2016).
3. V.K. Ahuja, Law Relating to Intellectual Property Rights ( Lexis Nexis) 2015
4. Elizabeth Verkey, Intellectual Property law and Practice (Eastern Book
Company)2015
5. Taraporevala V J, Law of Intellectual Property,(2nd Edition) Thomason Reuters,
2013.
Case Book:
1. LTC Harms: Enforcement of IPR: A case BOOK WIPO Publication (3rdedn)
2012
availableathttp://www.wipo.int/edocs/pubdocs/en/intproperty/791/wipo_pub_7
91.pdf
Journals/Articles:
1. Jane C. Ginsburg, No Sweat? Copyright and Other Protection of Works of
Information After Feist v. Rural Telephone (1992) 92 Colum L. Rev 838.
2. Michael Abrahamowicz and John F Duffy, The Inducement Standard of
Patentability, (2011) 120 Yale Law Journal 1590.
3. Jerre B Swann, Sr., Dilution Redefined for the Year 2000 (2001) 33 IPLR 343.
4. K Lipstein, Intellectual Property Jurisdiction or Choice of Law? The
Cambridge Law Journal Vol- 61 No. 2, (July 2002) pp. 295-300.
5. Inter- Governmental Committee on Traditional Knowledge, Traditional
Cultural Expression and Genetic Resources, Available at:
https://www.wipo.int/tk/en/igc/
163
Further Readings:
Books:
1. Philippe Cullet, Human Rights and Intellectual Property Protection in the TRIPS Era,
2007. HUMAN RIGHTS QUARTERLY, Vol. 29 403-430
2. Graeme Austin: Private International Law and IPR Common Law : An Over View
(2001),https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.pdf
3. Copinger and Skomnes James on Copyright by Gillian Davies, Kevin Garnett, and
Gwilym Harbottle(15th ed. 2005) Indian Reprint 2008
4. Terrel on Patents, Sweet and Maxwell (1994)
5. Kerly’s Law on Trademarks and Trade Names, Sweet and Maxwell. Wolters Kluwer
(2015)
6. Graeme Austin: Private International Law and IPR Common Law : An Over View,
WIPO 2001, availableat
http://webcache.googleusercontent.com/search?q=cache:jP2l70OixS4J:www
.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.doc+&cd=1&hl
=en&ct=clnk&gl=in
7. ABC of Copy Right UNESCO Publication; available
athttp://www.unesco.org/fileadmin/MULTIMEDIA/HQ/CLT/diversity/pdf/WAPO/A
BC_Copyright_en.pdf
8. Russell Clarke, Industrial Design, Sweet and Maxwell, 9th Ed., (2016).
9. Resource Book on TRIPS and Development, UNCTAD- ICTSD (2004)
10. Gopalkrishnan N S, &Agitha T G, Principles of Intellectual property. Lucknow:
Eastern Book Company (2014)
Journals
1 EIPR- European Intellectual Property Review (Westlaw)
2 IPQ- Intellectual Property Quarterly (Westlaw )
3 J. Copyright Soc’y USA – Journal of the Copyright Society of the USA (Westlaw)
4 RPC – Report of Patent Cases (Westlaw)
5 FSR- Fleet Street Reporter (Westlaw)
6 ECDR- European Copyright and Design Reports (Westlaw)
7 PTC- Patent Trademark Cases
8 JIPR-Journal of Intellectual Property Rights (Niscair) available at :
http://nopr.niscair.res.in/handle/123456789/4693
9 The WIPO Journal available at
:https://www.wipo.int/publications/en/search.jsp?lang=EN&set4=132
10 Yale Law Journal (Hein Online)
Cases for Guidance
1. University of London Press Ltd v. University of Tutorial Press Ltd (1916) 2 Ch. 601
2. Feist Publication Inc v. Rural Telephone Service Co. Inc, 499 US 340 (1991)
3. Eastern Book Company v. D. B. Modak (2008) 1 SCC 1
4. R. G. Anand v. Delux Films (1978) 4 SCC 118
5. Amarnath Sehgal v. Union of India (2005) 30 PTC 253
6. Indian Performing Right Society Ltd v. Eastern India Motion Picture Association
164
(1977)
7. Indian Recording Manufacturing Company v. Ilayaraja (20, Feb. 2020)
8. Delhi University Photo Copying Case – The Chancellor Masters and Scholars of the
University of Oxford v. Rameshwari Photocopy Services (2012)
9. LallubhaiChakubhaiJarivala v. ShamaldasSankalchand Shah AIR 1934 Bom 407
10. Bishwanath Prasad RadheyShyam v. Hindustan Metal Industries (1979) 2 SCC 511
11. Novartis AG v Union of India (2013) 6 SCC 1
12. Bayer Corpn v. Union of India (2012)
13. Monsanto v Nuziveedu (2019)
14. Britannia Industries Ltd v. Sara Lee Bakery AIR 2000 Mad 497
15. Daimler Benz Aktiegesettschaft v. Hybo Hindustan (1994)
16. S M Dyechem Ltd., v Cadbury (India) ltd (2000)
17. Syndicate of Press of University of Cambridge v B. D. Bhandari (2005) 31 PTC 58
(Del)
18. Kapil Wadhwa v. Samsung Electronics Co. Ltd (2012) 53 PTC 112 (Del)
Learning Outcome:
1. Understand the different types of IPR and able to compare and contrast in terms of
their key difference and similarities.
2. Assess and critique some basic theoretical justification for each form of intellectual
property protection
3. Discuss the effects of intellectual property right on society as a whole.
4. Examine the relation between the Private International law and IP with respect to
online piracy of copyrighted work and counterfeit trademark products where
registration is not mandatory.
5. Compare and contrast the laws in other countries like US and EU mainly UK and also
from the Human Rights perspective.
165
SPECIALIZED HON’S COURSE
INTERNATIONAL LAW AND INTELLECTUAL PROPERTY
RIGHTS
INTERNATIONAL ECONOMIC LAW

International Economic Law as a branch of law is interested in the development of
states through trade, investment and economic legal policies. In the quest for development,
many states have caused damages to the ecosystem which now constitutes a threat to
humanity. This subject helps to understand the role played nations of North-South and East-
West hemisphere. It consolidates the finer version of International Economic Law, the object
of economic integration with that of the pragmatic approaches of the international trade
regime. International Trade Agreements and Conventions explore the balanced growth with
the regulatory effect in transacting international trade in municipal spheres. This subject
provides the basic understanding of the theory and practical application of International
Economic Law in balanced movement of the world economy forward.
COURSE OUTLINE
Module - I :Genesis of International Economic Law
(a) Origin and Development – International Trade and Customary Law – Concept and
Scope of International Economic Law – Significance of International Economic Law
– Unification of International Trade Law
(b) Theories of International Trade - Economic Fundamentals – New International
Economic Order (NIEO) – Economic Sovereignty
(c) UN Conventions – Charter of Economic Rights and Duties of States – North-South
Dialogue and East-West Dialogue – Global Economic Forums.
Module - II :International Economic Institutions
(a) Structure and Functions of International Economic Institutions – International Trade

Organisation (ITO) – General Agreement on Tariff and Trade (GATT)
(b) Brettonwood Conference – Various Rounds of WTO and its impact.
(c) International Monetary Fund (IMF) – International Bank for Reconstruction and
Development (IBRD) – Millennium Development Goals
Module - III :Institutional Framework of World Trade Organisation (WTO)
(a) Structure and Functions of WTO – WTO and Covered Agreements – Protection of
Domestic Industries – Dumping and Anti-dumping – Subsidies and countervailing
measures
(b) Most Favoured Nation (MFN) Clause – National Treatment – Trade Related Aspects
of Intellectual Property Rights (TRIPS) – Trade Related Investment Measures
166
(TRIMs) – Trade in Agriculture – Regulation of Non-Tariff Barriers – Import
Licensing – Technical Barriers of Trade (TBT)
(c) General Agreements of Trade and Services (GATS) – Expanding horizons of WTO
Module – IV : Trade and Environmental Protection
(a) Historical Overview of International Environmental Protection – Permanent

Sovereignty over Natural Resources – Agreement on Sanitary and Phytosanitary
(SPS) Measures
(b) United Nations Committee on Trade and Environment (UNCTE) – United Nations
Committee on Trade and Development (UNCTAD) – Summits of the WTO
(c) Trade and Environment Controversies – Sustainable Development – Environmental
Exemptions under Article XX of GATT – Doha Round – Enforcement and
Compliance.
Module – V : Regulation of Foreign Investments
(a) International Investments – Foreign Direct Investments (FDI) – Foreign Institutional

Investors (FII) – Transnational Corporations
(b) International Commercial Contracts – International Sale of Goods – Electronic
Business Transactions – Crypto Currencies – Monetary System – Exchange Rates –
Balance of Payments
(c) Elements of International Taxation – Risk Analysis in International Trade.
Module - VI :Bilateral and Regional Trade
(a) Regional Trade Agreements (RTA) and Free Trade Area (FTA)
(b) Regional Arrangements under the United Nations – Multilateralism – European Union
(EU) – South Asian Association for Regional Cooperation (SAARC) – Association
for South Eastern Asian Nations (ASEAN)
(c) Organisation for Petroleum Exporting Countries (OPEC) – North American Free
Trade Agreement (NAFTA) – South Asian Free Trade Agreement (SAFTA)
Module - VII :Settlement of Disputes in International Trade
(a) Methods of Dispute Settlement – Alternative Dispute Resolution (ADR) and

International Trade
(b) UNCITRAL – International Arbitration, Conciliation, Mediation and Litigation
(c) Dispute Settlement Body in WTO – Appellate Body (AB) – Consultation – Online
Dispute Resolution
Books
1. Indira Carr& Peter Stone, “International Trade Law”, 2017, 6th Edition, Routledge
167
Publishers.
2. Ralph Folsom, “Principles of International Trade Law”, 2017, 2nd Edition, West
Academic Publishing.
3. Peter Van Den Bossche and Warner Zdouc, “The Law and Policy of the WTO: Texts,
Cases and Materials, 2017, 4th Edition, Cambridge University Press
4. OumarArabov and Lea Recasens, “International Trade Law: Lecture Notes”, 2019.
5. Simon Lester and Bryan Mercurio, “World Trade Law: Text, Materials and
Commentary”, 2018, 3rd Edition, Hart Publishing.
6. AutarKrishenKoul, “Guide to the WTO and GATT”, 2018, Springer
Further Readings
1. Raj Bhala, “International Trade Law: Interdisciplinary Theory and Practice, 3rd Edition,
Lexis Nexis.
2. Daniel Bethlehem and Van Damme, “The Oxford Handbook of International Trade Law”,
Oxford.
3. Peter Van Den Bossche and Denise Prevost, “Essentials of WTO Law”, 2016, Cambridge
Univesity Press.
4. Jayanta Bagchi, “World Trade Organisation: An Indian Perspective”, Eastern Law House
5. David Collins, “Foundations of International Economic Law”, 2019 Edward Elgar
Publisher
6. AdamuKyuka Usman, “Theory and Practice of International Economic Law”, Malthouse
Law Books
7. Paul Kragman, “International Trade: Theory and Policy”, 2017, Pearson Publication.
8. David Collins, “The Public International Law of Trade in Legal Services”, 2018,
Cambridge University Press.
9. Dani Rodrik, “Straight Talk on Trade: Ideas for a Sane World Economy”, 2017, Princeton
University Press.
10. Mitsuo Matsushita, “The World Trade Organisation: Law, Practice and Policy”, 2017 3rd
Edition, Oxford University Press.
Recommended Journals:
1. “Indian Journal of International Economic Law” by NLSIU Publication.

2. “Trade, Law and Development Journal” by NLU, Jodhpur
3. “Indian Journal of Law and Economics”, by NALSAR Publication.
4. “Journal of International Economic Law” by Oxford University Press
5. “Global Trade and Customs Journal” by Wolters Kluwer
6. “World Trade and Arbitration Materials” by Wolters Kluwer
7. “International Trade Law and Regulation” by Westlaw UK
8. “World Trade Review” by Cambridge University Press
9. “Trade, Law and Development” by Hein Online Law Journal
10. “Common Market Law Review” by Wolters Kluwer law
E-JOURNALS with ARTICLES and WEBSITE sources
1. Steve Charnovitz, “What is International Economic Law?” 14 J. Int’l. Econ. L. 3 (2011)

available at http://scholarship.law.gwu.edu/faculty_publications
2. John H. Jackson, “Reflections on International Economic Law”, Published by Penn Law,
Legal Scholar Repository, 2014.
168
3. James Bacchus, “The Willing World: Shaping and Sharing a Sustainable Global
Properity” Cambridge University Press, 2018 pp 515.
4. Collin Picker, “International Trade and Development Law: A Legal Cultural Critique”
Article 4 in Volume 4, Number 2, The law and Development Review, 2011 available at
http://www.bepress.com/ldr/vol4/iss2/art4
5. C.O.Neal Taylor, “Interrelationships: International Economic Law and Developing
Countries”, Number 2, Volume 7, Boston College International and Comparative Law
Review, 2004 pp.187 – 194
6. Aleksander Savanovic, “Economic Sovereignty”, IISES, September 2014
http://proceedings.iises.net/index.php?action=proceedingsIndexConference&id=7
7. Pang Zhongying, “Globalisation Vs. Economic Sovereignty”, Yale Global Online,
December 2005.
8. Jong Bum Kim, “Cross-Cumulation Arrangement as FTA under GATT Article XXIV”,
Journal of International Economic Law, published by Oxford Academic, 2019.
9. Malcolm Langford, “The Revolving Door in International in International Investment
Arbitration”, Journal of International Economic Law, Oxford, June 2017, Volume 20,
Issue 2, pp 301-332.
10. Anne Van Aaken, Chad P Bown, Andrew Lang, “Introduction to the special issue on
Trade Wars”, Journal of International Economic Law, Oxford, December 2019, Volume
22, Issue 4, pp 529-533.
11. Anthea Roberts, “Toward a Geoeconomic Order in International Trade and Investment”,
December 2019, Volume 22, Issue 4, pp 655-676.
12. Ehring.L, “De facto Discrimination in World Trade Law, National Treatment and Most-
Favoured Nation Treatment - or Equal Treatment?”, Journal of World Trade, 2002, pp
921-977.
13. A. K. Sanders, “Principle of National Treatment in International Economic Law: Trade,
Investment and Intellectual Property”, Edward Elgar publishing, 2014.
14. M. Krajewski, “Legal Issues of Economic Integration”, Kluwer Law, 2005.
15. Jeanho, “State Responsibility for Breaches of Investment Contracts”, Cambridge
University Press, 2018, pp 330.
16. Fredrick M. Abbott, “The Doha Declaration on the TRIPS Agreement and Public Health:
Lighting a Dark Corner at the WTO”, Journal of International Economic Law, June 2002,
Volume 5, Issue 2, pp 469-505.
17. Csongor Istvan Nagy, “Clash of Trade and National Public Interest in WTO Law: The
Illusion of ‘Weighing and Balancing’ and the Theory of Reservation”, Journal of
International Economic Law, Oxford, January 2020.
18. Anne Van Aaken, Jurgen Kurtz, “Beyond Rational Choice: International Trade Law and
The Behavioural Political Economy of Protectionism”, Oxford, December 2019, Volume
22, Issue 4, pp 601-628.
19. Gilles Muller, “Troubled Relationships under the GATS: Tensions between Market
Access (Article XVI), National Treatment (Article XVII) and Domestic Regulation
(Article VI)”, Cambridge University press, July 2017, Volume 16, Issue 3, pp 449-474.
20. Pauwelyn, “Distinguishing Domestic Regulation from Market Access in GATT and
GATS”, World Trade Review, 2005, pp 131-170.
21. Sabrina Shaw, Risa Schwartz, “Trade and Environment in the WTO State of Play”,
Journal of World Trade, 2002, 36(1), pp 129-154.
22. Brian R Copeland, “Trade and the Environment”, Palgrave handbook of International
Trade, 2013, pp 423-496.
23. MichealAklin, “Re-exploring the trade and environment nexus through the diffusion of
pollution”, Environmental and Resource Economics, Springer, 2016, 64(4), pp. 663-682
24. Diane A. Desierto, “Shifting sands in the International Economic System: ‘Arbitrage’ in
International Economic Law and International Human Rights, Georgetown Journal of
169
International Law, 2018 Volume 49, pp 1019 – 1115.
25. Anne van Aaken and Jurgen Kurtz, “Beyond Rational Choice: International Trade Law
and the Behavioural Political Economy of Protectionism, Journal of International
Economic Law, 2019, Volume 22, Issue 4, pp. 601-628.
Learning Outcomes:
By the end of this course, the students have advanced knowledge in the field of
International Economic Law and must be able –
1. To analyse the various functional and theoretical bases for organizing economic
relations at the international level;
2. To evolve the context in which the processes of and actors within international
economic law operate;
3. To apply the rules and principles to solve problems presented in class and
hypotheticals or cases decided by international dispute settlement bodies;
4. To appreciate the relationship between WTO law and bilateral and regional trade
agreements;
5. To assess international economic law from multiple perspectives; in particular of
individuals and organisations; in the public, private and third sectors; in relatively rich
and relatively poor economic contexts; in terms of calm and crises; and on local,
national, regional and global levels.
.*****
170
CONSTITUTIONAL LAW AND PROPERTY LAW
COMPARATIVE CONSTITUTIONAL LAW
A Constitution is being the supreme Law of the Land. It derives its directives from various
aspects. Hence, it is obligatory on the part of a constituent assembly to refer the various
customs and precedents that are in existence within an side the country. Hence an inquiry in
the basic structural aspects and the differences that exist between the various constitutional
perspectives need to be studies to give an understanding of the significance of the dictums of
a constitution. For studying the subject it has following objectives.
1. To study a wide variety of approaches to constitutional issues in order to identify

best practices that can be adopted everywhere;
2. The comparative federalism uses a comparative approach to explore the
contemporary nature and meanings of federalism and federation.
3. The comparative judicial review helps to strengthen the liberty and fundamental
freedom of individual and to understand the transnational migration of constitutional
ideas
4. The constitutional design on emergency powers & parliamentary privileges helps to
understand the reflections of democracy
COURSE OUTLINE
Module 1:Introduction:
a) The significance and importance of Study of Constitution

b) Types of Constitutions
c) Forms of government-Parliamentary-Presidential-Monarchial forms
Module 2:Federalism: Comparative Study
a) Principles of federalism
b) Legal features of federalism.
c) Co-operative federalism
d) Transition from competitive federalism to co-operative federalism.
e) Distribution of legislative and financial power in a federal system.
171
Module 3:Judicial Review
a) Evolution and Concept of Judicial Review
b) Meaning of Judicial Review
c) Characteristics of Modern Constitutions and their impact on Judicial Review
d) Constitutional growth in India under judicial Review and its impact
e) Migration of Constitutional Ideas
Module 4:Impact of emergency under Indian Constitutions

a) Express emergency provisions under constitutions
b) Justiciability of the proclamation of emergency.
c) Impact of Emergency on the rights
Module 5:Parliamentary Privileges

a) Parliamentary privileges-comparative study with different countries
b) Parliamentary privileges and anti-defection Law
c) Need for Legislation on Parliamentary privileges in India
Module 6: Amenability of Constitution – Amendment under different Constitutions

a) Process of amendment
b) Types of Amendment
c) Judicial scrutiny of Amendments to the constitution.
Books suggested:
1. Dr. Durga Das Basu – Comparative Constitutional Law, Second Edition Revised 2008
Wadhwa Nagpur.
2. Dr. Durga Das Basu – Comparative Federalism, Second Edition Revised 2008,
Wadhwa Nagpur.
3. Dr. CD Jha‘s - Judicial review of Legislative Aots, Second Edition Revised 2009
Lexis Nexis, Butterworth, Wadhwa Nagpur.
4. Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company, 1989).
5. Sunil Khilnani,Vikram Raghavan, Arun Thiruvengadam, Comparative
Constitutionalism in South Asia (Oxford University Press, 2013).
6. Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law
(Oxford University Press, 2009).
7. Surjit Choudhry, The Migration of Constitutional Ideas, (Cambridge University Press,
2009).
172
Articles Suggested:
1) Saunders, Cheryl (2006) “The Use and Misuse of Comparative Constitutional Law
(The George P. Smith Lecture in International Law),” Indiana Journal of Global Legal
Studies: Vol. 13: Iss. 1, Article 2. Available at:
http://www.repository.law.indiana.edu/ijgls/vol13/iss1/2.
2) Tom Ginsburg & Rosalind Dixon, “Comparative Constitutional Law: Introduction”

(University of Chicago Public Law & Legal Theory Working Paper No. 362, 2011).
Available at: http://chicagounbound.uchicago.edu/ public_law_and_legal_theory.
3) Antonia Baraggia, “Challenges in Comparative Constitutional Law Studies: Between

Globalization and Constitutional Tradition. Special Issue - Comparative
Law”, LaM October 2017, DOI: 10.5553/REM/.000026.
4) Dann, Philipp. “Federal Democracy in India and the European Union: Towards
Transcontinental Comparison of Constitutional Law.” Verfassung Und Recht in
Übersee / Law and Politics in Africa, Asia and Latin America, vol. 44, no. 2, 2011,
pp. 160–176. JSTOR, www.jstor.org/stable/43239605.
5) Parikh, Sunita, and Barry R. Weingast. “A Comparative Theory of Federalism:

India.” Virginia Law Review 83, no. 7 (1997): pp.1593-615.
6) Uddin, Mohammad Moin, and Rakiba Nabi. “Judicial Review of Constitutional

Amendments in Light of the “Political Question” Doctrine: A Comparative Study of
the Jurisprudence of Supreme Courts of Bangladesh, India and the United
States.” Journal of the Indian Law Institute 58, no. 3 (2016): pp. 313-36.
7) Roznai, Yaniv. "Unconstitutional Constitutional Amendments—The Migration and

Success of a Constitutional Idea." The American Journal of Comparative Law 61, no.
3 (2013): pp. 657-719.
8) Roznai, Yaniv. "The Theory and Pracitce of 'Supra-Constitutional' Limits on
Constitutional Amendments." The International and Comparative Law Quarterly 62,
no. 3 (2013): pp. 557-97.
173
Learning outcome:
After completion of the course the student will be able to
• Understanding the variety of constitutional systems across the world;

• Identifying reflection on the potentialities and limits of constitutional law in
regulating the exercise of public power in contemporary society.
• Compare different government structures and their corresponding ways of protecting
human rights;
• Gain knowledge on different types of government, federalism, judicial review,
emergency and amendment practiced in other constitutions.
174
CRIMINAL LAW AND FORENSIC SCIENCE
CORRECTIONAL PROCESS
The object of the Criminal Justice Administration is to award penal sanctions to the
offender.The primary aim of this discipline is to reform the offender rather than inflicting
pain on them. The theories of punishment, various types of punishments, degrees of
punishments are part of this course.The effective functionaries executing the punishments are
Police and Prison Institution.The involvement of various correctional institutions such as
Probation, Parole etc also included in the course. Though the criminal justice system mainly
focusing on penal sanctions, the application of Criminology along with Penology will bring
the expected outcome of the reformation.
COURSE OUTLINE
Module I Introduction:
a. Concept of Penology – Punishments and its objective
b. Historical evolution
c. Theories of Punishments
d. Types of Punishments
e. International scenario on punishments – Death Penalty – Imprisonment – Fines –
Transportation – Indeterminate Sentence
f. International Instruments on Death Sentence
g. Indian Perspective – Law Commissions Report - Arguments of Death Sentence
h. Judicial approach
i. International Criminal Justice System and Death Sentence – Other sentences.
Module II- Correctional Process and Law Enforcement:

a. Correctional Philosophy
b. Rehabilitation methodology – Rules and Regulations
c. Prisons Act –Prison Manuals
d. State Prison Manual
e. Reformatory laws – Prison Reform Commissions
f. Individualization of Offenders
g. Significance of prison systems
h. Alternative mechanism for punishment.
Module III- The Police System:

a. Police Administration
b. Types of Police System
c. Women, Home Guard, Rural policing, Friend of Police
d. Problems of Police
e. Principles of Police System
f. NHRC/SHRC & Police
g. Judiciary & Police
h. Functions of Police
i. Malimath Committee Report - National Police Commission.
175
Module IV- Prison Administration:
a. Prison Authorities
b. Prisoner’s Rights
c. Prison Commission
d. Prison Problem – Over Crowding – Prison Discipline
e. Rehabilitative Measures – Prison Education
f. Therapeutic Approach – Individualization & Imprisonment
g. Vocational Training
h. Prison Reform
i. Women Prison
j. Open Prison
k. United Nations Standard Minimum Rules on Treatment of Prisoners – After care
rehabilitation
l. Role of Society – Judiciary – NGO.
Module V- Correctional Process – Probation& Parole

a. After care process – Dr. Julius Augustus
b. The Probation of Offenders Act –Probation Officer
c. Functions of Probation Officers – Procedures of Probation
d. Significance of Probation Officers Report
e. Conditions to be released on Probation – Effects of violations of conditions
f. Rights and Duties of Sureties
g. Role of NGO’s – Role of Family members – Role of Society
h. Parole – Definition - Object
i. Probation and Parole
j. Parole in India – Legal Procedure
k. Judiciary & Parole
l. Parole Board – Functions of Parole Board – Conditions
m. Parole Violations – Judicial Trends
n. Parole & Indeterminate Sentence – Parole & Furlough
o. International Scenario – USA & Parole
Module VI- Recidivism & Crime Prevention:

a. Recidivist – Causes of Recidivism
b. Mechanism to combat Recidivism
c. Recidivism in India – Crime Prevention
d. Distinguish Crime prevention and treatment
e. Prevention of White-Collar Crimes
f. Prevention of traditional crimes
g. Prevention of Juvenile delinquency
h. Challenges in crime prevention
i. International perspectives – Role of the UN & Crime Prevention
j. UN Congress on Crime Prevention 1955 – 2015.
176
Books:
1. Ahmed Siddique, 2017, “Criminology-Problems and Perspectives”IInd Edition,

Eastern Book House, Lucknow.
2. Prof N. V. Paranjape, 2014, “Criminology and Penology with Victimology” 16th
Edition, Central Law Publications, Allahabad.
3. William Katharine.S, 2004, “Criminology”, Oxford University Press.
4. Pifferi Michele 2016, “Reinventing Punishments – A Comparative History of
Criminology & Penology in the 19th and 20th Century” Oxford University Press, UK.
5. Zara Georgia &Farington P. David 2016, “Criminal Recidivism – Explanation,
Prediction and Prevention” Routledge Publications, New York.
1. Amy Deline& Adair Crosley 2010, “A Century of Criminal Law and Criminology”
The Journal of Criminal Law and Criminology Vol. 100, No:1, pp.1-6.
2. Malcom. M, Feeley & Jonathan Simon, 1992 “The New Penology: Notes on the
Emerging Strategy on Corrections and its Implications”, Criminology, Vl.30, Issue.4,
pp.449-474https://onlinelibrary.wiley.com/doi/epdf/10.1111/j.1745-
9125.1992.tb01112.x
3. Bruce R. Jacob & K.M. Sharma, 1969, “Justice After Trial: Prisoners Need for Legal
Services in the Criminal Correctional Process”, Kansas Law Review, pp.1270
4. Arie Freiberg, 2010, “Post Adversarial & Post Inquisitorial Justice: Transcending
Traditional Penological Paradigms”, European Journal of Criminology, Vol.8,
Issue.1, pp.82-101.
5. Jean Paul Brodeur, 2007, “Comparative Penology in Perspective”, Crime and Justice,
Vol.36, Issue.1, pp.49-91
6. Lisa L. Miller, 2001, “Looking for Postmodernism in all the Wrong places:
Implementing a New Penology”, The British Journal of Criminology, Vol.41, Issue.1,
pp.168-184
Further Readings:
Books:
1. Chakrabarthi. N.K., 2016, Institutional Corrections, Deep & Deep Publications,
New Delhi.
2. Chaturvedi. JC. 2006, “Penology & Correctional Administration” Asha Books,
New Delhi.
3. Haris Robert, 1992, “Crime, Criminal Justice & The Probation Service”
Routledge Publications.
4. Guharoy Jay Tilak, 1999, “Role of Police in Changing Society”, APH
Publications, New Delhi.
5. Master Ruth, “Counselling Criminal Justice Offenders”.
6. Pollack Joycelyn. N, “Counselling Women in Prison”
177
7. Sultan Adams, “Crime Prevention”
8. Stuttmen. H.S, “Crime and Punishment”
9. Malimath Committee Report
10. Bare Acts:
(i) The Prisons Act, 1984.
(ii) Model Prison Manual, 2016 – BPR&D
(iii) The Probation of Offenders Act, 1958
Journals:
1. Criminology, Criminal Justice, Law & Society

2. Death Penalty Reporter
3. European Journal of Criminology
4. Federal Prison Journal
5. Federal Probation
6. Federal Sentencing Reporter
7. International Journal of Restorative Justice
8. Journal of Delinquency
9. Prison Law Reporter
10. Prison Journal
Cases for Guidance:
1. Bachan Singh v. State of Punjab AIR 1980 SC 898

2. P. Rathinam v. Union of India AIR 1994 SC 1844
3. Mithu v. State of Punjab AIR 1983 SC 473
4. Rajendra Prasad v. Union of India AIR 1979 SC 916
5. T.V. Vatheeswaran v. State of TN 1983 SCC Crl 481
6. Machi Singh & Others v. State of Punjab AIR 1983 SC 957
7. DhananjoyChatterji v. State of West Bengal AIR 2003 SC 3131
8. C. Muniyappan& Others v. State of TN (2010) 9 SCC 567
9. PriyadharshiniMattu Rape case (2010) 9 SCC 747
10. Tukaram v. State of Maharashtra AIR 1979 SC 185
11. NilabatiBehra v. State of Orissa AIR 1993 SC 1960
12. D. K. Basu v. State of West Bengal AIR 1997 SC 3017
13. Sheela Barse v. Union of India AIR 1988 SC 224
14. Sunil Batra II case 1980 CrLJ 1099
15. Sanjay Dutt v. State of Maharashtra AIR 2013 SC 2682
16. Laxmi v. Union of India (2014) 4 SCC 427
178
Learning Outcome:
After completing the course, the students will able to:
• Understand the theories of punishments and development of concept of penology

• Analyze the concept of punishment and discuss about different perspective of
punishment.
• Examine the legal framework on penal sanction and correctional process
• Understand the Principles of Sentencing and examine the scope of correctional
process in reforming the wrong doer.
179
INDUSTRIAL AND COMMERCIAL LAW
CORPORATE SECURITISATION
Since 1991, when from liberalisation policy has been adopted by India, the financial sector
has evidenced much reforms, majorly allowing and encouraging foreign investment into the
country. The legal structuring on securitisation began in 1991, leading to the enactment of
the Securitisation and Reconstruction of Financial Assets & Enforcement of Securities
Interest Act, 2002. Securitisation augments the benefits available to financial establishments,
investors and on a broader spectrum to the society’s economic progress, as a whole. It
enables highly non-performing assets such as mortgages, vehicle loans and credit card non-
payments to be transformed into more liquid financial instruments. Further, securitisation
acts as a significant source of financing various businesses ranging from commercial real
estate development to manufacturers and dealers. This area of Law plays a pivotal role in the
economic progress of the nation.
The objective of the study of this subject is to provide the Students -
i. Detailed understanding of the markets for asset-backed securities
ii. Knowledge of the Legal dimensions of the Law relating to Corporate Securitisation and
allied matters.
iii. Comprehension and appreciation of the significance of how securitisation is a tool of
utility to corporates dealing with finances.
iv. Significance of securitisation in relation to rehabilitation of sick companies etc.
COURSE OUTLINE
MODULE – I: INTRODUCTION:
a. Historical development.
b. Objectives and Concept of Corporate Securitisation.
c. Legal provisions Governing the recovery of debts in India.
d. Meaning, nature and scope of securitisation.
e. Securitisation as a funding and salvaging from non-performing assets mechanism.
180
MODULE – II: REHABILITATION OF SICK COMPANIES:
a. Revival, reconstitution and rehabilitation of sick companies.

b. Sick Companies and their Revival.
c. The Law relating to sick companies.
d. Procedure for rehabilitation of sick companies.
MODULE – III: SECURITISATION & RECONSTRUCTION:
a. Securitisation and debt recovery.

b. Overview of the Securitisation and Reconstruction of Financial Assets and Enforcement
of Security Interest Act, 2002 and its amendment till the year 2013.
c. Special Purpose Vehicle (SPV)
d. Asset Reconstruction Companies (ARC)
e. Qualified Institutional Buyers (QIB)
f. Role and functions of the Board of Industrial & Financial Reconstruction (BIFR)
g. Recovery of Debts due to Banks & Financial Institutions Act, 1993.
h. Tribunal.
i. Procedure, compromises and arrangements with Banks and creditors.
MODULE – IV: WINDING-UP OF COMPANIES:
a. Winding-up companies.
b. Modes and administrative machinery for winding-up of corporates.
c. Liquidation procedure, meeting of members (shareholders) and creditors, managing the
interests of stakeholders, managing the estate of the companies.
d. Outsourcing of responsibilities relating to winding-up to professional service providers
such as valuers and security agencies.
e. Best practices adopted in performing liquidation and administrator functions,
accountability, role of liquidators.
f. Winding-up of unregistered companies – Consequences of winding-up.
181
MODULE – V: CROSS-BORDER INSOLVENCY:
a. Cross-Border Insolvency.
b. UNCITRAL Model Law on Cross-Border insolvency.
c. UNCITRAL Legislative Guide to insolvency law.
d. World Bank principles for effective insolvency and creditor rights.
e. Asian Development Bank principles of corporate rescue and rehabilitation.
f. Winding up of companies.
RECOMMENDED READING:
1. Introduction to Securitization, by Frank J. Fabozzi, John Wiley & Sons, 2008.
2. Law & Practice Relating to Securitisation& Reconstruction of Financial Assets &
Enforcement of Security Interest, by M.R.Umarji, Taxmann, 7th Edition, 2017.
3. Securitisation& Debt Recovery Laws, by Justice A.B. Srivastava, Law Publishers (India)
Pvt. Ltd. Allahabad, 10th Edition, 2018.
4. Securitization, Vols. I & II, by Tamar Frankel, Fathom Publishing Company, 2nd Edition,
2016.
5. Narasimham Committee II on Banking Sector Reforms -
https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/24157.pdf
JOURNALS:
1. Buchanan, Bonnie, Securitization: A Financing Vehicle for All Seasons?, Bank of Finland
Research Discussion Paper No.31/2016.
2. Slaughter and May, Model guide to securitisation Techniques, PLC Cross-border
Structured Finance and Securitisation Handbook, 2010
https://www.slaughterandmay.com/media/1429118/model_guide_to_securitisation_techniq
ues.pdf
3. Ilham Riachi and Armin Schwienbacher, Overcollateralization in Corporate Securitisation,
Finance, Vol.36, 2015, pp.7-52.
4. Diamond Hill, Mechanics and Benefits of Securitization, 2016 - https://www.diamond-
hill.com/mechanics-benefits-securitization/
5. Suman Chakraborty, Securitization in India: A Strategic Tool for Competitiveness, Indian
Journal of Applied Research, Vol.III, Issue.III, 2013, pp.29-32.
6. Vinod Kothari and Abhirup Ghosh, Indian Securitization Market: A Primer, the Journal of
Structured Finance, Vol.23, Issue 1, 2017, pp.23-31.
7. Akhil M.P., Structured Finance and Securitization in India, SSRG International Journal of
Economics Management Studies, Vol.5, Issue.6, 2018, pp.26-31.
FURTHER READING:
1. Securitization and the Global Economy-History and Prospects for the Future, by Buchanan,
Bonnie, Palgrave Macmillan, 1st, Edition, 2016.
2. Securitization, Structured Finance and Capital Markets, by Steven L. Schwarcz, Bruce A.
Markell, Lissa L. Broome, LexisNexis, 2001.
3. Securitization, by David G. Glennie, E.C. De Bouter, Randall D. Luke, Kluwer Law
182
International, 1998.
4. The Mechanics of Securitization, by Moorad Choudhry, John Wiley & Sons Inc., 1st
Edition, 2013.
CASE LAW:
a) Mardia Chemicals Ltd. v. Union of India & Others (2004 D.R.T.C 1(SC3)
b) Collector of Customs, Madras v. NathellaSamapathu 1962 (3) SCR 786 at pp.829-30.
c) Transcore v. Union of India & Another. AIR 2007 SC 712, MANU/SC/5319/2006
d) Ionic Metalliks v. Union of India no. 645 of 201 &. 10120 of 2014
e) Sicom Ltd. v. PadmashriMahipatrai J. Rajiv Subramaniyan& Another Civil Appeal
No.3866/2014 S.L.P© No.25448/2012 SC2005 (64) SCL 18 (Bom)
f) Indian Bank v. Nippon Enterprises 2011 (2) CTC 474 HC Madras
g) Arun JagnnathGedam v. State Bank of Hyderabad (2005) BC 217 DRT Nagpur
h) Indian Oil Corporation Ltd. Nagpur v. ShikshakSahakari Bank Ltd (2005) BC
50 DRT Nagpur
i) M. Nagarajan v. The Deputy Commercial Tax Officer & Another MANU/TN/1292/2009
j) ICICI Bank Ltd. v. The Official Liquidator, Liquidator of Vibrant Investments and
Properties Ltd (2005) 124 Compcas 550(Mad), (2005) 1 MLJ 309
k) UTI Bank Ltd. v. The Deputy Commissioner of Central Excise & Another
MANU/TN/0188/2007, 2007(115)ECCC323
l) Baleshwar Dayal Jaiswal v. Bank of India & Others Supreme Court of India Civil Appeal
No.5924 of 2015 (arising out of SLP (c) no.27674 of 2011)
m) Kaveri Marketing, Bangalore v. Saraswathi Co-operative Bank Ltd., Koramangala
Branch, Bangalore (2013 (1) D.R.T.C.804 (Knt.)) (HC Karnataka - Single Bench)
n) Central Distillery & Chemical Works Ltd. v. Gurbharajeet Singh AIR 1993 P&H 25
o) Union of India v. Debt Recovery Tribunal Bar Association & Ans Civil Appeal Nos.617-
618 of 2013 SC
183
LEARNING OUTCOME:
After completion of the Course, Students will be able to -
1. Gain the capacity to interpret statutory provisions, identify legal issues impacting financial
risk affecting business, for purposes of risk avoidance, to establish control mechanisms&
evaluate alternative financing options.
2. Analyse and evaluate financial markets, how securities are traded, mutual funds,
investment companies, and investor behaviour.
3. Analyse relevant case law for the purpose of finding legal precedents.
4. Gauge the economic environment and the impact of governmental economic policies on
consumers and financial institutions and make investment policy recommendations.
184
INTERNATIONAL LAW AND INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL TREATIES AND CONVENTIONS ON

INTELLECTUAL PROPERTY
International Intellectual Property is a part of public international law as one of many

specialized areas within the universe of Public International Law. The purpose of the course
is to examine rules on intellectual property in the wider context of international law. The
standards laid down in various intellectual property treaties and conventions to harmonize
the laws of different countries and to promote international trade.
COURSE OUTLINE
Module I Structural Framework, Basic Principles and Policies
a) The International IP as a discipline-Trends in the International IP System -

Harmonization, Integration and Countervailing
b) International IP Institutions- WIPO, WTO and other Multilateral Institutions;
c) Basic Principles-National Treatment, MFN, Exhaustion of Rights, Uniform Standard,
Independence, Public Interest Doctrine, Territoriality and Extraterritoriality, Human
Rights and Sustainable Development-Policies
Module II: International Copyright System
a) Copyright as an Intellectual Property Form- Changing Technologies;

b) Multilateral Copyright Norms- Berne Convention, Universal Copyright Convention,
Rome Convention TRIPS Agreement- TRIPS Agreement and its relationship to the
Berne Conventions, The WIPO Copyright Treaty (WCT)- Neighbouring Rights and
the WIPO Performance and Phonograms Treaty (WPPT)-Beijing Treaty on Audio
visual Performance -The Marrakesh Treaty to facilitate Access to Published Works
for Persons who are Blind, Visually Impaired or otherwise Print Disabled;
c) Exhaustion and the Movement of Copyrighted works in Trade;
d) Copyright in Software and Open Source.
185
Module III International Patent System
a) The Multilateral Patent Agreements-Paris Convention-Independence of Nation,

Compulsory Licensing; The Patent Cooperation Treaty (PCT), Budapest Treaty,
European Patent Convention, TRIPS Agreement- Safeguards and exceptions, Doha
Declaration on Public Health,;
b) Patent and the Convention on Biological Diversity;
c) Patent Licensing, Transfer of technology and Competition.
d) Plant Variety as an IP-Multilateral Agreements-TRIPS Agreement, The International
Union for the Protection of New Varieties of Plants (UPOV) 1991, 1978 &1961 Act,
International Treaty on Plant Genetic Resources for Food and Agriculture 2001
(ITPGRFA).
Module IV International Trademark and Identifier System
a) Basic Characteristic of the Trademark, Domain Name and Geographical Indication-

Trademark at the Multilateral level-Paris Convention and Trademarks, and Well
Known Mark, Paris Convention and Indication of Source and Appellation of Origin -
TRIPS Agreement-The Interface Between Trademarks and GI
b) Trademark Exhaustion and International Trade;
c) Trademark Registration at the Multilateral Level-The Madrid Agreement and Protocol
Relating to the Madrid Agreement- Madrid Agreement on false and deceptive
indication of source- Lisbon Agreement on registration of Appellation of Origin.
Trademark Law Treaty
d) Internet Domain Name at the Multilateral Level- UDRP.
Module V: International Designs System
a) The Multilateral System for Protection of Design- Paris Convention TRIPS

Agreement-registered, unregistered and functional design-layout design;
b) The Hague Agreement Concerning the International Deposit of Industrial Designs
c) TRIPS Agreement and Washington Treaty on Intellectual Property in respect of
Integrated Circuit, 1989.
Module VI: International System for the Protection of Trade Secret and Regulatory
Data
a) Trade secret and TRIPS Agreement – Regulatory Data and The TRIPS agreement
b) Regional System for the protection of Regulatory data -Protection of Regulatory data
186
& Pharmaceutical Regulatory data in the European Union.
Module VII: The International System for Enforcement of Intellectual Property Rights
a) Multilateral IPRs Enforcement Agreements-the TRIPS Agreement- Enforcement

Obligation- Enforcement in WTO Dispute Settlement Mechanism and Dispute
Settlement Understanding- Violation and Non Violation Complaints, Withdrawal of
Concession;
b) Other Multilateral Agreement on Enforcement-Berne and Paris Convention, Activities
of WIPO Arbitration and Mediation Centre, World Custom Organization, OECD
Project on Counterfeiting and Piracy- EU Enforcement Regime- IP Enforcement
Directive
c) United States Sec 377 of The Tariff Act of 1930 – Sec 301 and Special 301 of US
Trade Representative Act.
Books:
1. Grosse Ruse Khan, The Protection of Intellectual Property in International Law,

University Press Oxford, United Kingdom (2016).
2. Jon O. Nelson, International Patent Treaties, Oxford, United Kingdom (2007).
3. Dennis Cohen, The International Protection of Designs, Kluwer Law International
(2000).
4. Carlos M. Correa and Abdulaawi A. Yusuf, Intellectual Property and International
Trade: The TRIPS Agreement, Wolters Kluwer Law International (2008).
5. Prof. P. R. Trivedi WIPO, WTO, GATT, TRIPS & IPR, Indian Institute of IP Rights,
New Delhi (2017).
Journals/Articles:
1. John H Barton, The Economics of TRIPS: International Trade in Information -

Intensive Products, 33 Geo. Wash. Int’l L. 473 (2001)
2. Keith E. Maskus& J. H. Reichman, The Globalization of Private Knowledge Goods
and the Privatization of Global Public Goods, 7 J. Int’l Econ. L. 279 (2004)
3. Pamela Samuelson, The US Digital Agenda at WIPO, 37 Va. J. Int’l L. 369 (1997)
4. Frederick M Abbott, The Doha Declaration on the TRIPS Agreement and Public
Health: Lighting a Dark Corner at the WTO, 5 J. Int’l Econ. L. 469 (2002)
5. Frederick M. Abbott, Non Violation Nullification or Impairment Causes of Action
under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and
187
Reminder, Quaker United Nations Office, Occasional Paper No 11 July 2003,
Further Readings:
Books
1. India- Patent Protection for Pharmaceutical and Argricultural Chemical Products, AB-
1997-5, WT/DS50/AB/R, 15 Dec 1997.
2. Davidson Wilson, International Patent Litigation: Developing an effective Strategy,
Global Law and Business, London (2009).
3. Frederick M Abbott, Thomas Cottier and Francis Gurry, International Intellectual
Property in an Integrated World Economy, Wolter Kluwer, Aspen Publishers, (2007)
4. UNCTAD-ICTSD Resource Book on TRIPS Agreement and Development,
Cambridge University Press (2004)
5. Frederick M. Abbott, TRIPS and Human Rights: Preliminary Reflections, In
International Trade and Human Rights Foundation and Conceptual Issues
(F.M.Abbott, C Breining-Kaufmann & T Cottier eds.) (U. Mich. Press 2006)
6. Edith Tilton Penrose, The Economic of the International Patent System: Chapter IX
Summary and Conclusion Pp:162-169 , John Hopkins Press 1951.
7. John Perry Barlow, The Economy of Ideas: A Framework for Patents and Copyrights
in the Digital Age , Wired 2.03, March 1994.
8. Sam Ricketson, The Birth of the Berne Union, the Centenary of the Berne
Convention, Conference (Intellectual Property Law Unit, University of London and
British Literary and Artistic Copyright Association London) April 17-18 1986.
9. Thomas Cottier, The Agreement on Trade Related Aspects of IPR, in the World Trade
Organization: Legal, Economic and Political Analysis, Vol I -1040-1120 at 1082-
1085 (P Macroy, A Appleton and M. Plummer eds. 2005) (Springer: New York)
10. Lawrence Lessig, Open Source Baselines: Compared to what? In Govt Policy Toward
Open Source Software (Robert W Hahn ed., 2003), at 50
Journals/Articles
1. Melvyn J. Simburg and et al., International Intellectual Property (2005) 39

International Lawyers, pp. 333-350.
2. Battling HIV -AIDS: A Decision Makers Guide to the Procurement of Medicines and
Related Supplies, Y. Tayler, Ed., World Bank 2004
3. Sisule F. Musungu& Graham Dutfield, Multilateral Agreements and a TRIPS Plus
World: The World Intellectual Property Organization (WIPO), TRIPS Issues Papers
188
3, Quaker United Nations Office (QUNO) Geneva Quaker International affairs
Programme (QIAP) Ottawa.
4. John Barton, New Trends in Technology Transfer: Implications for National and
International Policy, ICTSD Intellectual Property and Sustainable Development
Series, Issue Paper No 18, Feb 2007
5. The Recognition of Rights and the Use of Names in the Internet Domain Name
System, Report of the Second WIPO Internet Domain Name Process September 3,
2001, Available at http://wipo2.wipo.int
6. Office of United States Trade Representative 2006 Special 301 Report, Available at
http://www.ustr.gov
7. Pamela Samuelson, The US Digital Agenda at WIPO, 37 Va. J. Int’l L. 369 (1997)
8. Frederick M Abbott, The Doha Declaration on the TRIPS Agreement and Public
Health: Lighting a Dark Corner at the WTO, 5 J. Int’l Econ. L. 469 (2002)
9. Frederick M. Abbott, Non Violation Nullification or Impairment Causes of Action
under the TRIPS Agreement and the Fifth Ministerial Conference: A Warning and
Reminder, Quaker United Nations Office, Occasional Paper No 11 July 2003,
available at http://www.quno.org
10. Carsten Fink & Patrick Reichenmiller, Tightening TRIPS: The Intellectual Property
Provision of Recent US Free Trade Agreements, World Bank Trade Note 20, Feb7,
2005
Case for Guidance:
1. Revlon, Inc., and Others v. Cripps & Lee Ltd and Others [1980] FSR 85
2. NTP v. Research in Motion, 418 F.3d 1282 (Fed. Cir. 2005)
3. Canada -Patent Protection of Pharmaceutical Products, Report of the Panel,
WT/DS114/R, March 17, 2000
4. Qualtex Company v Jacobson Products Company Inc, 514 US 159 (1995)
5. K Mart v Cartier, 486 US 281 (1988)
6. Pfizer Inc v. Martin Marketing Case No. D 2002-07793 WIPO Arbitration and
Mediation Centre Administrative Panel Decision
7. Pfizer Inc v. Martin Marketing Case No. D 2003-0399 WIPO Arbitration and
Mediation Centre Administrative Panel Decision
8. Metro Goldwyn- Mayer Studios v. Grokster 545 US 913 (2005)
9. John Wiley and Sons Inc v. Prabhat Chander Kumar Jain (2010)
11. Quality King distributors v. L’anza Research International 523 US 135 (1998)
189
12. Computer Associates International v. Altai 982 F.2d 693 (2nd Cir. 1992)
14. J E M AG Supply v Pioneer Hi -Breed 534 US 124 (2001)
15. Akzo Chemie BV and Akzo Chemie UK Ltd v. Commission of the European
Communities, Judgment of the Court (Fifth Chamber) of 24 June 1986 Case
53/85, Court of justice of European Commission
Course Outcome:
• Learn the various international system that regulates Intellectual Property Rights
• Discuss the different Multilateral Organizations where rules are negotiated and
applied with subject matter interest in IPRs.
• Equip with the basic principles and policies underlying the protection of IPRs at
the multilateral level to protect IP and harmonize the laws of the member nations.
• Examine the significant developments regarding the enforcement of IP at the
international level.
190
INTRODUCTION TO LAND LAWS
The objective of this specialized paper is to know about the

1. land system in pre-independence and the right to property under constitution of India, The
right of the government to acquire land for public purpose under the doctrine of eminent
domain and the right of the person interested to claim compensation
2. Laws relating to acquisition of land for companies, industrial purpose in the name of
special economic zone and the rights of tribal over their property.
3. Land reform constitutes the most important package of measures to improve the economic
condition of agricultural tenants.
CourseOutline
Module– I: Concept of land and land movements in India:
Concept of land and real property –concept of ownership -land system in ancient India -
Panchami Land – Gramdhan Land - Boodan Movement – Tamil Nadu Boodan Act, 1958
Module – II: Land Tenure System in Pre-Independent India:

Zamindari system- permanent settlement, Inamwari, Mahalwari, Ryotwari-melwaram-
kudiwaram-rights and responsibilities of Ryotwari pattadar.
Module – III: Significance of land laws and constitutional provisions:

Constitutional protection relating to property –Eminent Domain- Article 31A – Article 31 B-
Article 31 C- Article 300 A- Ninth Schedule- land and governance in the fifth schedule-
legislative powers of center and state in enacting land laws.
Module – IV: Acquisition of Land:

a. The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 [LARR Act]
b. Establishment of Special Economic Zone- Constitution of Board of Approval –
functions of Development Commissioner - Special Economic Zone Authority
c. Acquisition Of Lands For Industrial Purposes
191
Module– V: Land rights of Tribes:
Definition of tribes, scheduled tribes- Title rights- use rights – forest management rights of
tribes – process of recognition of rights – scheduled area – V schedule – prohibition of
alienation of tribal land.
Statutory materials:
1. Constitution of India
2. LARR Act, 2013
3. Special Economic Zones Act, 2005
4. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
5. Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997
References:
Books
1. Salmond on Jurisprudence, by P J Fitzgerald, Sweet & Maxwell, Universal Law
Publishing co pvt ltd, 2016
2. Right to property in India by Naveen Sharma, Deep & Deep Publications
3. Baden Powell, “The Land Systems of British India”, 1892
4. Land Reforms in India by M. L. Dantwala, 66 Int'l Lab. Rev. 419 1952, heinonline
5. Land System in India: A Historical Review, Rekha Bandyopadhyay, Economic and
Political Weekly, Vol. 28, No. 52 (Dec. 25, 1993), pp. A149-A155
Articles:
1. Indian Law on Special Economic Zone (SEZ) by Mr. Anand Singh
https://www.conservationindia.org/resources/facts-about-the-forests-rights-act
2. Lovleen Bhullar, ‘The Indian Forest Rights Act 2006: A Critical Appraisal’, available
at http://www.lead-journal.org/content/08020.pdf
3. Sanjana, “Forest Dwellers as Deemed Homeless”, 4 J. Indian L. & Soc'y 130 2012-
2013, Heinonline
4. E. Washburn Hopkins, “Land-Tenure in Ancient India”, Political Science Quarterly,
Vol. 13, No. 4 (Dec., 1898), pp. 669-686 available at
5. Rekha Bandyopadhyay, “Land System in India: A Historical Review”,Economic and
Political Weekly, Vol. 28, No. 52 (Dec. 25, 1993), pp. A149-A155 available at
192
Learning outcome:
On successful completion of this course, students will be able to:
1. Understand the concept of real property and the various movements of India
2. Determine the right to property under Indian constitution
3. Evaluate various land reformatory systems exists in pre-independence
4. Understand the doctrine of eminent domain and the power of acquisition of land by
the government
5. Analyze the circumstances under which land can be acquired for industrial purposes
6. Understand the land rights of tribals.
193
CRIMINOLOGY

Studying Criminology is essential for understanding crime and its impact on individuals and society.
Criminology provides a comprehensive understanding of the criminal justice system, including law
enforcement, courts, and corrections. Policymakers use criminological research to design and
implement effective crime prevention and control strategies. Additionally, criminology provides
insights into the causes of crime and the most effective ways to prevent it. This knowledge is critical
for developing and implementing strategies that address the root causes of crime. Studying
criminology also provides insights into the experiences of victims of crime and the impact crime has
on their lives. Furthermore, the critical thinking skills and analytical abilities developed through
studying criminology are transferable to a variety of careers and are highly valued in many fields.
Ultimately, studying criminology can empower individuals to make informed decisions about their
own safety and security, reduce their risk of victimization, and protect themselves and their
communities.
• The impact of crime on individuals and society, including the physical, emotional, and
economic effects of victimization.
• The various strategies and programs used to prevent and control crime, including situational
crime prevention, community policing, and restorative justice.
• The ethical issues and dilemmas that arise in the study of criminology and the criminal
justice system, including the rights of offenders and victims and the role of punishment in
society.
• The skills and techniques used in criminological research, including data analysis, survey
methods, and experimental design.
COURSE OUTLINE
Module 1: Introduction to Criminology
a) Definition and scope of criminology.
b) Theoretical perspectives in criminology.
c) Historical development of criminology.
d) Relationship between crime and society.
e) Emerging trends in criminology.
Module II : Schools of Criminology

a) Classical School of Criminology- Key thinkers and ideas (e.g., Cesare Beccaria and Jeremy
Bentham)
b) Positivist School of Criminology- Key thinkers and ideas (e.g., Cesare Lombroso and Enrico
Ferri).
c) Chicago School of Criminology- Key thinkers and ideas (e.g., Robert Park and Ernest
Burgess).
d) Strain Theory- Key thinkers and ideas (e.g., Robert Merton and Albert Cohen).
e) Social Learning Theory- Key thinkers and ideas (e.g., Edwin Sutherland and Ronald Akers).
f) Critical Criminology- Key thinkers and ideas (e.g., Karl Marx and Michel Foucault).
194
Module III : Crime Causation
a) Biological and Psychological Theories-The role of genetics, hormones, and brain chemistry
in criminal behavior.
b) Sociological Theories- The role of social structures, institutions, and culture in crime
causation.
c) Rational Choice Theory- The concept of rational decision-making in criminal behaviour- The
role of opportunity, cost-benefit analysis, and deterrence in criminal decision-making.
d) Social Learning Theory- The role of socialization, peer influence, and modeling in criminal
behavior.
e) Integrated Theories- The integration of biological, psychological, and sociological factors in
explaining crime causation.
Module IV: Contemporary Issues in Criminology

a) White collar crime
b) Terrorism: nature and scope.
c) Cybercrime: trends and challenges.
d) Hate crimes: types and consequences.
e) Globalization and transnational crime.
f) The role of technology in crime and crime prevention.
Module V: Comparative and International Criminology

a) Comparative criminology: nature and scope.
b) Cross-national patterns in crime.
c) Comparative analysis of criminal justice systems.
d) International criminology: nature and scope.
e) Transnational crime and global criminal justice.
Module VI: Crime Prevention and Control

a) Situational Crime Prevention- How the design of physical environments can influence
criminal behaviour- target hardening, access control, and surveillance to prevent crime.
b) Social Crime Prevention- Social policies and interventions to crime rates- education,
employment programs, and community development initiatives to prevent crime.
c) Community Crime Prevention- use of neighborhood watch programs, community policing,
and problem-oriented policing to prevent crime.
d) Restorative Justice- mediation, restitution, and community service to repair harm caused by
crime.
Recommended Reading
Books
1. "Criminology" by Larry J. Siegel (2019). Cengage Learning.

2. "Criminological Theory: Context and Consequences" by J. Robert Lilly, Francis T. Cullen,
and Richard A. Ball (2018). SAGE Publications.
3. "Criminology: A Sociological Understanding" by Steve E. Barkan (2020). Pearson
Education.
4. "The Oxford Handbook of Criminology" edited by Alison Liebling and Shadd Maruna
(2017). Oxford University Press.
5. "Crime and Criminology" by Rob White (2019). Oxford University Press.
195
Journals/ Articles
1. Sampson, R. J., & Laub, J. H. (1993). Crime in the making: Pathways and turning points
through life. Harvard University Press.
2. Braithwaite, J. (1989). Crime, shame, and reintegration. Cambridge University Press.
3. Wilson, J. Q., & Kelling, G. L. (1982). Broken windows: The police and neighborhood
safety. The Atlantic Monthly, 249(3), 29-38.
4. Hirschi, T. (1969). Causes of delinquency. University of California Press.
5. Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of delinquency.
American Sociological Review, 22(6), 664-670.
Further Reading
Books
1. "Crime and Punishment" by Fyodor Dostoevsky (1866). Penguin Classics.
2. "The Social Reality of Crime" by Richard Quinney (1970). Little, Brown and Company.
3. "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" by Michelle
Alexander (2010). The New Press.
4. "Punishment and Inequality in America" by Bruce Western (2006). Russell Sage Foundation.
5. "Theories of Crime" by John Muncie and Eugene McLaughlin (2001). Sage Publications.
6. "The Birth of the Prison" by Michel Foucault (1975). Penguin Books.
7. "Discipline and Punish: The Birth of the Prison" by Michel Foucault (1977). Vintage Books.
8. "The Crime of Punishment" by Karl Menninger (1968). Viking Press.
9. "Just Mercy: A Story of Justice and Redemption" by Bryan Stevenson (2015). Spiegel &
Grau.
10. "The Anatomy of Violence: The Biological Roots of Crime" by Adrian Raine (2013).
Pantheon Books.
Journals/ Articles
1. Cohen, A. K. (1955). Delinquent boys: The culture of the gang. Free Press of Glencoe.
2. Gottfredson, M. R., & Hirschi, T. (1990). A general theory of crime. Stanford University
Press.
3. Cullen, F. T., & Agnew, R. (2006). Criminological theory: Past to present: Essential
readings. Oxford University Press.
4. Greenberg, D. F. (1993). Crime and capitalism: Readings from the "New Criminology".
University of Pennsylvania Press.
5. Chambliss, W. J. (1973). The saints and the roughnecks. Society, 11(1), 24-31.
6. Akers, R. L. (1998). Social learning and social structure: A general theory of crime and
deviance. Transaction Publishers.
7. Farrington, D. P., & Welsh, B. C. (2007). Saving children from a life of crime: Early risk
factors and effective interventions. Oxford University Press.
8. Kubrin, C. E., Stucky, T. D., & Krohn, M. D. (2009). Researching theories of crime and
deviance. Oxford University Press.
9. Paternoster, R., & Bachman, R. (2017). Explaining criminal conduct: A holistic approach.
Routledge.
10. Pratt, T. C. (2000). Theoretical developments in criminology. In Handbook of deviant
behavior (pp. 1-28). Springer.
196
Cases for Guidance
1. Paras Ram v. State of Punjab (1981) 2 SCC 508
2. Meh Ram v. State 1994 CrLJ 1897 (Raj)
3. Tola Ram v. State of Rajasthan 1996 CrLJ 8 (Raj)
4. Vishaka v. State of Rajasthan AIR 1997 SC 3011
5. Shreerangayee v. State of Madras (1973) 1 MLJ 205
6. Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802
7. Subramaniya Swamy v. Dr. Man Mohan Singh AIR 2012 SC 1185
8. M/s Sattyam Infoway Ltd v. M/s Sifynet Solutions (P) Ltd AIR 2004 SC 3549
9. Dr. L. Prakash v. State of T.N. (2008) 3 MLJ Crl 406
10. Narendra Kumar v. State (NCT Delhi Administration) AIR 2012 SC 2281
11. Prem Shankar Shukla v. Delhi Administration AIR 1980 SC 1535
12. Sheela Barse v. Union of India AIR 1988 SC 224
13. S.P. Anand v. State of M.P. AIR 2007 SC 166
14. Sunil Batra II case 1980 CrLJ 1099
15. Sanjay Dutt v. State of Maharashtra AIR 2013 SC 2682
16. Rudal Shah v. State of Bihar AIR 1983 SC 1986
17. Laxmi v. Union of India (2014) 4 SCC 427
18. Priyadharshini Mattu Rape case (2010) 9 SCC 747
19. Tukaram v. State of Maharashtra AIR 1979 SC 185
20. Nilabati Behra v. State of Orissa AIR 1993 SC 1960
• Learning Outcomes
Able to comprehend the causes and motivations behind criminal behavior, as well as the
social and environmental factors that contribute to it.
• Gain an understanding of the criminal justice system, including the roles of law enforcement,
courts, and corrections, and the processes involved in the investigation, prosecution, and
punishment of crimes.
• Develop skills in analyzing crime data and statistics to identify patterns and trends in
criminal behavior, and to evaluate the effectiveness of crime prevention and control
strategies.
• Learn to think critically about issues related to crime and justice, including the ethical
implications of different approaches to crime prevention and punishment.
Develop skills in communicating ideas and arguments related to criminology, including the ability to
write clear and persuasive essays, give presentations, and engage in discussions and debates on
criminological issues.
197
INTERNATIONAL LABOUR ORGANISATION AND
LABOUR JURISPRUDENCE
Objectives of the course:
Industrial legislation is the child of industrial jurisprudence, which in itself, is a product of

the industrial revolution in the 18th, 19th and 20th Centuries, it was a form of protest against
the inhuman labour conditions that the industrial revolution ushered in. In India, pre-
independence era industrial jurisprudence was rudimentary. Protection of labour has always
been the primary goal of industrial laws (both those enacted by the legislature and those
developed through judicial interpretation). However, well before Indian labour jurisprudence
because robust, the International labourOrganisation, a multinational labour body, led the
way.
1. Introduce students to the ILO, its formation, charter documents, composition,
membership and functioning;
2. Examine the international labour code and the role of India vis-à-vis the international
labour code;
3. Study in detail the historical development of labour jurisprudence;
4. Elucidate the long and mutually beneficial relationship between ILO and India;
5. Instruct students various concepts of labour jurisprudence, including tripartism, and
understand the role of the judiciary in this regard.
The syllabus has been prepared with these objectives and consists of 6 modules.
COURSE OUTLINE
Module I: International LabourOrganisation
(a) Constitution and Declaration of Philadelphia.
(b) Fundamental Principles.
(c) Aims and Objectives.
(e) Composition.
(f) Functions.
(g) Membership.
(h) Organs of the ILO.
198
(i) The International Labour Conference - The Governing Body and the International Labour
Office - Regional Conference - Regional Advisory Committee - Industrial Committees and
Analogous Bodies - Committee of Experts - Panels of Consultants and Special Ad-hoc
Conferences and Meetings.
Module II: International Labour Code
(a) Meaning, Nature and Scope of International Labour Code.
(b) Development and Importance of ILC.
(c) International Labour Standards- Conventions and Recommendations.
(d) Ratification and System of enforcement.
(e) Technical Assistance Programme and the Special Fund, World employment programme,
Women workers, International Peace, Human Rights.
(f) The ILO Century Project 1919-2019.
(g) ILC and India.
Module III: Labour Jurisprudence

(a) Evolution, Concept and Importance of Labour jurisprudence.
(b) Social Justice and Social welfare.
(c) Role of Tripartitism in Labour Jurisprudence.
(d) Role of Principles of Natural Justice.
Module IV: ILO and India

(a) Labour Movement in India.
(b) India’s membership to ILO.
(c) Constitution and Labour -Preamble- Fundamental Rights- DPSP- VII Schedule-
Constitutional Remedies and Constitutional validity of Labour Statutes.
(d) Human Rights of Labour.
(e) Women and Child Workerss.
(f) Social Security and ILO.
(g) ILO and India’s appraisal.
Module V: Tripartism
(a) Concept and Forms.
(b) Areas of Operation- Preconditions.
(c) Machineries in India.
(d) Indian Labour Conference and Standing Labour Committee, Industrial Committees, Wage
Boards, State Labour Advisory Boards.
199
(e) Voluntary Arbitration and Labour Policy- Code of Discipline in Industry.
(f) Role of ACTRAV.
Module VI: Judiciary and Labour Jurisprudence

(a) Nature and Scope of Industrial Jurisprudence.
(b) Industrial Adjudication and Judicial Review – Powers of High Courts and Supreme Court.
(c) Public Interest Litigation and LabourJuriprudence.
(d) Judicial Activism in developing Labour Jurisprudence.
Statutory Material:
1. The Constitution of India, 1950
2. Labour Laws (Relevant provisions-Industrial Laws, Social Security, Women and
Children, 4 Labour Codes)
3. International LabourOrganisation Constitution, 1919 and ILO Conventions and
Recommendations
4. The Charter of United Nations Organisation, 1945, UNO-Treaties, Conventions and
Recommendations.
5. Universal Declaration on Human Rights, 1948.
Books Prescribed:
1. N. Maheshwara Swamy, “Impact of I.L.O. Standards on Indian Labour Law” (Asia

Law House, 2007).
2. Dhyani (S .N), “International LabourOrganisation”, (New Delh: National Publishing
House, 1997).
3. Prof. Ahmedullah Khan, “Commentary on International Organisation and the Indian
Response”, (Hyderabad: Asia Law House, 2005).
4. Vaidyanathan N, “I.L.O Conventions and India” (Minerva Associates: Calcutta,
1975).
5. Johnson, G.A., “The International Labour Organization” (London, 1970).
6. E.M. Rao, “Industrial Jurisprudence – A critical Commentary”, (Lexis Nexis
publication, 2015).
Journals:
1) P. Kalpakam, “The International LabourOrganisation’s Committee on Freedom of

Association and International Protection of Trade Union Rights” 17 JILI 618-633
200
(1975).
2) Zafar Hussain and Afzal Wani, “Application and Enforcement of International Labour
Standards in India: A Critique”, 53 JILI 577-593 (2011).
3) C.S.Venkata Ratnam, “India and International Labour Standards”, 35 IJIR 461-485
(2000).
4) N.L.Mitra, “Freedom of Association for Organised and Unorganised Workers-
International Precept and Practice”, 35 JILI 1-33 (1993).
5) O.P.Parmar, “ILO and India in Pursuit of Human rights thorughLabour Standards”, 23
JILI 555-577 (1981).
6) Michael Hasenau, “ILO Standards on Migrant Workers: The Fundamentals of UN
Convention and their genesis”, 25 IMR 687-697 (1991).
Further Reading:
Reference Books:
1. Jinender N. Kumar & Ajay Bhola, “International LabourOrganisation (ILO) (Regal

Publications, 2008).
2. Galenson Walter, “The International Labour Organization: An American View”

(Madison, 1981).
3. Sinha & Sinha, “Industrial Relations and Labour Legislation” (Oxford & I B H
Publishing Co., New Delhi, 1977).
4. The ILO and the World of work, (ILO Pub. Geneva, 1984).
Articles:
1. Nagaraj, R., “Fall in Manufacturing Employment: A Brief Note”, Economic and

Political Weekly, Vol. 39, pp. 3387-90, July 24-30, 20004).
2. Kamala Sankaran, “Human Rights and the World of Work”, 40 JILI 284-294 (1998).
3. C.S.Venkata Ratnam, “Impact of New Economic Policy on the Role of Trade
Unions”, 29 IJIR 55-78 (1993).
4. Ratna Sen, “Unionisation and Collective Bargaining in the Unorganised Sector”, 47
IJIR 598-616 (2012).
5. Susan Hayter, “International Comparative Trends in Collective Bargaining”, 45 IJIR
596-608 (2010).
6. Kamala Sankaran, “Fundamental Principles and Rights at work: India and the ILO”,
46 EPW 68-74 (2011).
Cases for Guidance

1. Bandhua Mukti Morcha v. Union of India and others, (1997) (3) SCC 755.
2. Neeraja Chaudry v. State of MP, AIR 1984 SC 1099.
3. Peoples Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.
4. Amristar v. State of Punjab &Ors., AIR 1981, SC 14
201
5. National Textile workers union v. P.R. Ramkrishnan&Ors, AIR 1982 SC 1473
6. Ram Kumar Misra v. state of Bihar, AIR 1984 SC 537
7. Consumer Education & Research Centre & Others v. Union of India, 1995 AIR 922.
8. M.C. Mehta v. State of Tamil Nadu, AIR 1991 SC 417
9. D.S. Nakara v. Union of India, AIR 1983 SC 130
10. Deena v. Union of India, AIR 1983 SC 115
11. S. Basudevan v. S.D. Mittal, AIR 1962 Bom 53
12. State of Gujarat v. Hon’ble High Court of Gujarat, (1998) 7 SCC 392
13. ChatisgarhKrishakMazoor Sangh’s v. State of Madhya Pradesh, (1987) Suppl. SCC
198
14. P. Siva Swamy v. State of Andhra Pradesh, AIR 1988 SC 1863
15. Balram v. State of Madhya Pradesh, AIR 1990 SC
Learning Outcome:
1. Appreciate the genesis of ILO in its historical context and its procedural complexities;
2. Understand the foundational role the ILO has played in labour jurisprudence,
including through the international labour code;
3. Perceive India’s long history of engaging with the ILO and implementing its decisions
to uplift its workers; and
4. Discern the various keystone concepts of labour jurisprudence and also comprehend
the role played by the judiciary in developing such jurisprudence.
202
FOURTH YEAR
VIII-SEMESTER
LABOUR LAW II
SOCIAL SECURITY AND LABOUR WELFARE LAWS
In the previous semester, students learnt the historical background and importance of labour
rights and the basics of key labour legislations governing trade unions, industrial relations,
standing orders and industrial disputes. While protection of labour rights in a dispute and
permitting their unionisation is one side of the coin, taking proactive measures to promote
the welfare and social security of labour is the other. As the Supreme Court of India has held,
time and again, the right to life guaranteed under Article 21 is not merely animal existence,
but the right to live with dignity. Therefore, taking steps to ensure that the labour force of our
nation lives a life of security and dignity is of unspeakable importance and is part of the
constitutional obligation of the State. The aim of social security legislation is to ensure
freedom from want for our workers. This paper has been designed to help students
understand the social security legislations in India in light of the above context.
I. Instruct the student on the concept of social security, its evolution, components, and
objectives;
II. Examine the role played by ILO in developing social security jurisprudence;
III. Provide students with a critical and practical understanding of the rights of the
employee in case of employment-related death, disablement, disease or accidents;
IV. Educate students on the state insurance benefits available to employees under various
circumstances;
V. Examine the maternity benefit rights available to female employees;
VI. Analyse, in-depth, the various retirement benefits made available to employees; and
VII. Explore the provisions of law governing factories.
The syllabus has been prescribed with these objectives and consists of 6 modules.
203
COURSE OUTLINE
Module I - Conceptional Framework of Social Security
(a) Concept of Social security.

(b) Evolution of Social Security.
(c) Constituents of Social Security.
(d) Object and Aim of Social Security.
(e) Social Security and Labour Welfare.
(f) ILO on social security.
(g) Social Security and Constitution.
(h) Classification of Social Security Legislations .
Module II - Social Security and Industrial Injuries

(a) The Employees’ Compensation Act, 1923 - Scope, Objects, Coverage And Definitions.
(B) Liability Of The Employer To Pay Compensation.
(C) Arising Out of and in the Course of Employment.
(d) Doctrine Of Notional Extension.
(e) Occupational Diseases.
(f) Determination And Distribution Of Compensation.
(g) Principal Employer’s Right Of Indemnity.
(h) Commissioner’s Powers AndFunctions.
Module III - Social Security and Social Insurance
(a) The Employee’s State Insurance Act, 1948 - Objects, applications and ‘Seasonal Factory’
– Definitions.
(b) E.S.I. Corporation, Standing Committee And Medica Benefit Council .
(c) E.S.I. Fund.
(d) Contributions.
(e) Benefits.
(f) Adjudication Of Disputes And Claims.
(h) Penalties.
204
Module IV – Maternity Benefit
(a) The Maternity Benefit Act,1961 -Object, Application and Definitions .
(b) Eligibility to Maternity Benefit.
(c) Maternity Benefit and Other Benefits.
(d) Notice Of Claim.
(e) Prohibition Against Dismissal.
(f) Powers And Duties of Inspectors.
Module V – Retiral Benefits
(1) (a) The Employee’s Provident Funds And Miscellaneous Provisions Act, 1952 - Scope,
Coverage, Application And Definitions.
(b) Authorities to Administer the Fund.
(c) Contributions.
(d) Employees Provident Fund Scheme, Employees’ Pension Scheme And Deposit Linked
Insurance Scheme.
(e) Authorities to determine and Recover Money Due from Employer.
(f) Employees’ Provident Fund Appellate Tribunal.
(e) Offences and Penalties.

(2) (a) Payment Of Gratuity Act,1972 - Background, Object And Definitions.
(b)Payment of Gratuity – Eligibility - Rate of Gratuity – Forfeiture.
(c) Compulsory Insurance
(e) Determination of Gratuity.

(f) Recovery of Gratuity.
(g) Controlling Authority.
(h) offences and Penalties.
Module VI - Labour Welfare Legislation
(1) (a) Factories Act, 1948 - Backgroundanddefinitions.
(b) Formalities to Start a Factory.
205
(c) Occupier - Duties and Liabilities.
(d) Inspecting Staff and Certifying Surgeons.
(e) Health, Safety and Welfare measures,
(f) Working Hours.
(g) Employment of youngpersons.
(h) Annual leave with wages.
(2) (a) Regulation of Shops and Establishments - The Tamil Nadu Shops and Establishment
Act,1947 - Applicability and Coverage – Definitions.
(b) Opening and closing hours.
(c) Employment of young persons.
(d) Hours of Work.
(e) Health and Safety Measures.
(f) Leave and Annual Leave with wages.
(g) Authorised Deductions From Wages.
(h) Inspectors – Powers and Functions.
(i) Penalties for Offences.
Recommended Reading
Books prescribed:
1. S.N.Mishra, “ Labour and IndustrialLaw”, (Allahabad: Central Law Agency, 2019).

2. Dr.V.G.Goswami, “Labour and Industrial Laws”, (Allahabad: Central Law Agency,
2019).
3. MadhavanPillai, “Labour and IndustrialLaws” (Allahabad: Allahabad Law Agency,
2017).
4. S.C. Srivastava, “Industrial Relations and Labour Laws” (New Delhi: Vikas
Publishing House Pvt. Ltd., 2019).
5. Meenu Paul, Labour and Industrial Law (Allahabad law Agency 2017).
206
Journals
1. Suresh C. Srivastava, “Labour Welfare and the Law” 17 Journal of Indian Law
Institute 342-366 (1975)
2. Manishi Pathak, “An Overview of Contract Labour Related Laws in India”
NLS Bus. L.Rev. 20-35 (2017).
3. Zubair Ahmad Khan &Hina Varshney, “Implementation of the Labour Welfare
Provisions for Women Workers in the Unorganised Sector in India: A Critical Analysis”
21 Aligarh Law Journal 62 (2013).
4. Usha Ramanathan, “Statute Law, Injury & Compensation” 47 Journal of Indian Law
Institute 158-198 (2005).
5. N.S.Kamboj, “Hazardous Industries Policy & the Law” 46 Journal of Indian Law
Institute 449-462 (2004).
Further Reading
Reference Books:
1. K.D. Srivastava's Commentaries on Workmen's Compensation Act, 1923: with Supplement,

(Lucknow: Eastern Book Co., 6th Revised ed., 1999).
2. K.D. Srivastava's Commentaries on Employees' State Insurance Act, 1948: with Supplement,
(Lucknow: Eastern Book Co., 5th Revised ed., 2001).
3. K.D. Srivastava's Employees' Provident Funds and Miscellaneous Provisions Act, 1952,
Revised by S.C.Srivastava, (Lucknow: Eastern Book Co. 8th Edition, 2001).
4. K D Srivastava’s Commentaries on Payment of Gratuity Act, 1972 with supplement,

(Lucknow: Eastern Book Co., 5th ed., 2016).
5. K.D. Srivastava's Commentaries on Factories Act, 1948: with Supplement, (Lucknow:
Eastern Book Co., 5th Revised ed., 2001).\
6. Veer Singh, “Employment Injury and Employees’ State Insurance Scheme Functional
Perspectives” 29 Journal of Indian Law Institute 76-93 (1987).
7. Thomas Paul, “ Consumer Empowerment ESI Hospitals Under CP Act” 49 Journal of Indian
Law Institute 409-414 (2007).
Articles:
1. RP.Rangeela, Mrs.Girija Anil, “Welfare measures under the Factories Act: A Critical
Appraisal” International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018)
p.255.
2. S.Gokulakrishnan , Dr.DVezhaventhan, “A Study on Maternity Benefit Scheme in India”

207
3. Priyanka.B, A.Sreelatha, “Effective Implementation of Maternity Benefit Act Of 1961”
4. K B Ravindra, “Labour Welfare and Social Security” Ushus J B Mgt 13, 1(2014), p.77.
5. Manvendra Singh Jadon and Ankit Bhandari, “Analysis of the Maternity Benefits
Amendment Act, 2017 and its Implications on the Modern Industrial Discourse” Christ
University Law Journal, 2019 Vol. 8, No,2, p. 63.
6. Mrs. Sumitra Pujari, “A Study on Welfare Schemes of ESI” International Journal of

Engineering Technology Science and Research, Vol.5, Issue 1, (2018), p.761.
7. Dr. A. Ananda Kumar, Dr. D. Porkalai& Mr. A. Savio Arokiadass, “Effective Utilization
of Employee State Insurance (ESI) Policy at E-Publishing Sector” Global Journal of
Management and Business Research: G Interdisciplinary Vol.17, Issue 5 (2017) p.35.
8. Jerome Joseph and Srinath Jagannathan, “Employment Relations & Managerialist

Undercurrents — The Case of Payment of Gratuity Act, 1972” Indian Journal of Industrial
Relations Vol. 47, No. 2 (October 2011), p. 253.
9. Yashik, P. M. (2014). ”A study about the Labour welfare and Social Security Measures in
India”, International Journal of Management, 2, p.23.
10. Sravanthi, B., “Social security in India: constitutional frame work” International Journal
of Development Research, Volume 8, Article ID: 12929.
Cases for Guidance:
1. United India Insurance Co. Ltd. v. (Smt.) Susheela, 2004 (101) FLR 393 (Karn HC)
2. Employees State Insurance Corporation v. Jaipur Enterprises, (1988) 56 FLR 207 (Raj.)
3. Employees State Insurance Corporation v. Hotel Kalpaka International, 1993 LLR 177 (SC)
4. Fenner (India) Ltd. v. Joint Regional Director, Employees State Insurance Corporation,
(2003) 2 LLJ 447 (Mad)
5. Municipal Corporation of Delhi v. Female Workers (Muster Rolls) and Another, AIR 2000
SC 1274
6. Ram Bahadur Thakur (P) Ltd. v. Chief Inspector of Plantations, [1982 (2) LLJ 20]
7. Sri Rama Vilas Service Ltd. v. RPFC, 2000 I LLJ 709 (Mad)
8. Hindustan Lever Employees Union v. RPFC, 1995 (71) FLR 46 (Bom)
9. Mill Owners Association, Bombay v. Their Employees [1950 (II) LLJ 1247]
10. Standard Vacuum Refining Co. of India v. Workmen, AIR 1961 SC 895, 901
208
11. Mill Owners Association, Bombay v. Rashtriya Mazdoor Mill Sangh, [(1960) LLJ 1247]
12. Kothari Corporation v. Appellate Authority (Deputy Commissioner of Labour), Karnool 1998
LLR 223
13. Management of Sri Akilandeswari Mills Ltd. v. Asst. Commissioner of Labour (2000) I LLJ
1411 Mad
14. Workmen of American Express International Banking Corporation v. American Express
International Banking Corporation [AIR 1986 SC 458]
15. JayathilalDhaniji& Co. Oil Mills v. Employees State Insurance Corporation [(1966) 2 LLJ
542]
Learning Outcome
1. Appreciate the evolution and conceptual backbones of social security laws;

2. Recognise the pivotal role played by ILO in ensuring social security rights for
workers;
3. Distinguish the rights of employees under various employment-related mishaps and
consequences;
4. Understand the scope and reach of state insurance benefits to employees;
5. Critically analyse maternity benefits available to women employees and their
adequacy/inadequacy;
6. Discern the nuances of retirement benefits payable to employees; and
7. Comprehend the compliances to be followed by factories and critically analyse
relevant laws.
*****
209
COMPETITION LAW
In most countries of the world today competition has a key role to play in
ensuring productive, efficient, innovative and responsive markets. Competitive forces
drive firms to innovate, to develop more efficient production, processes and to adjust
their products in response to changing consumer demand. Policies to stimulate
competition are a key driver for improving the micro and macroeconomic performance
of an economy.
The objective of the course is to provide the students:
i. An understanding of the Legal Dimensions of the Competition Law;
ii. An insight into the Law, which provides a Fair Trade Practice which enhances healthy
competition in the business arena.
iii. To comprehend and appreciate the impact of various Anti-Competition Policies.
COURSE OUTLNE
a) Basic Concepts – definitions- Market- demand and supply theory Economic and legal
concepts of competition; markets and market structure; competition theory
b) perfect competition v. Monopoly need for regulation of competition- Relation
between Competition Policy and Competition Law –Objectives of Competition Law
c) Constitutional aspects competition law- Elimination of Concentration of Wealth and
Distribution of Resources Article 39 (b) (c)
Module II : Evolution Of Competition Law

a) Historical background – sources of competition law-
b) Evolution in international arena – common law doctrine of restraint of trade- anti trust
legislations – USA, UK, European Union
c) Evolution in India - MRTP Act, 1969 –Ragavan Committee Report, 2000 -
Transformation of MRTP Act 1969 to Competition Act, 2002 –Distinction between
MRTP Act and Competition Act
d) Object and scope of Competition Act, 2002.
Module III: Anti-Competitive Agreement

a) agreement definition – Rules for determining Appreciable adverse effect on
competition(AAEC) - perse rule and rule of reason
210
b) Relevant Market- relevant geographic and relevant product market- factors considered
by CCI
c) Horizontal Agreements- Vertical Agreements- exceptions – Intellectual Property rights
and competition law
d) Cartels – Landmark judgments decided by CCI- punishment for cartel- leniency
programme
Module IV: Abuse Of Dominant Position

a) Enterprise definition- dominant position – factors determining dominance- comparison
with MRTP Act and Consumer Protection Act – market share and market power -
difference
b) Abuse by enterprises–Unfair or discriminatory trade practices – –Limiting protection or
technical or scientific development –Denial of Access to market –Imposition of
supplementary obligations –influence in other markets using dominance
c) predatory price – meaning – case studies to identify predatory pricing
d) factors to be considered by CCI for identifying abuse of dominance
e) Penalties for abuse – orders passed by CCI for abuse- division of enterprises.
Module V: Combination
a) Combinations: Merger, Acquisition, Amalgamation and Takeover –
b) Horizontal, Vertical and Conglomerate Mergers - Combinations covered under the
Competition Act, 2002
c) Procedure for regulation of combination- powers of CCI – orders passed by CCI -
Penalties.
Module VI: Enforcement Mechanisms

a) Establishment and Constitution of Competition Commission of India, Powers
Functions and Jurisdiction of the CCI
b) adjudication and appeals, -Competition Appellate Tribunal (CompAT)
c) Director General of Investigation (DGI)- powers and functions – role of DG in
investigation
d) Competition Advocacy
211
Statutory Materials
Competition Act 2002
1. Ramappa, Competition Law in India: Policy, Issues and Developments, 3rd ed.-
2013, Oxford University Press, New Delhi
2. Vinod Dhall (ed.), Competition Law Today, Oxford University Press, 2007
3. S.M. Dugar, Commentary on MRTP Law, Competition Law & Consumer Protection
Law, 4thed.- 2006,Wadhwa Nagpur
4. Abir Roy & Jayant Kumar, Competition Law in India, Eastern Law House, New Delhi.
5. P. Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI
University Press, 2007.
Further Readings:
1. Chauhan, B.S. “INDIAN COMPETITION LAW: GLOBAL CONTEXT.” Journal of

the Indian Law Institute, vol. 54, no. 3, 2012, pp. 315–323. JSTOR,.
2. Sethi, Rajat, and Simran Dhir. “Anti-Competitive Agreements Under the Competition
Act, 2002.” National Law School of India Review, vol. 24, no. 2, 2013, pp. 32–49.
3. Pierce, Richard J. “COMPARING THE COMPETITION LAW REGIMES OF THE
UNITED STATES AND INDIA.” National Law School of India Review, vol. 29, no. 1,
2017, pp. 48–69.
4. Dick, Andrew R. “When Are Cartels Stable Contracts?” The Journal of Law &
Economics, vol. 39, no. 1, 1996, pp. 241–283.
5. “Cartels and Competition.” Organizing Control: August Thyssen and the Construction
of German Corporate Management, by JEFFREY R. FEAR, Harvard University Press,
Cambridge, Massachusetts; London, England, 2005, pp. 235–260.
6. Kaplow, Louis. “On the Meaning of Horizontal Agreements in Competition
Law.” California Law Review, vol. 99, no. 3, 2011, pp. 683–818.
7. Levenstein, Margaret C., and Valerie Y. Suslow. “How Do Cartels Use Vertical
Restraints? Reflections on Bork’s The Antitrust Paradox.” The Journal of Law &
Economics, vol. 57, no. S3, 2014, pp. S33–S50.
8. Morse, M. Howard. “Vertical Mergers: Recent Learning.” The Business Lawyer, vol.
53, no. 4, 1998, pp. 1217–1248.
212
9. Gevurtz, Franklin A. “Vertical Restraints on Competition.” The American Journal of
Comparative Law, vol. 54, 2006, pp. 357–384.
10. Kabir, Altamas. “Competition Laws and the Indian Economy.” National Law School of
India Review, vol. 23, no. 1, 2011, pp. 1–8.
Cases for Guidance:
1. BrahmDutt v. Union of India, AIR 2005 SC 730
2. CCI v. Steel Authority of India Ltd. &Anr, (2010)10SCC 744
3. Builders Association of India v. Cement Manufacturers', Case No. 29/2010,CCI
4. All India Tyres Dealers Federation v. Tyres Manufacturers, 2013 COMP LR 92 (CCI),
Main Order dated October 30, 2012 and Minority Order by Mr. R Prasad (Member,
CCI) dated October 30, 2012.
5. Exclusive Motors Pvt Ltd v. Autoele Lamborghini SPA, Case No. 52/2012,CCI
6. Belaire Apartment Owners' Association v. DLF Ltd & HUDA, 2011 Comp
LR0239(CCI),
7. Surinder Singh v. Board of Control for Cricket in India, [2013]113CLA579(CCI)
8. Etihad Airways and Jet Airways Combination Order, CCI, Order dated
November 12, 2013.
9. Google Inc. &Ors v. Competition Commission of India

&Anr.,[2015]127CLA367(Delhi)
10. Telefonaktiebolaget LM Ericsson (PUBL) v. Competition

Commission of India &Anr., [Writ Petition (Civil) No. 464/2014,
Decision dated March 30,2016]
Learning Outcomes
1. To provide a thorough background in the area of competition law and policy in India.
2. To understand the key issues in competition law, providing a strong overall background
combined with an emphasis on recent (and potentially future) developments.
3. Review and understand the key economic considerations behind landmark competition
cases on abuse of dominance, anti-competitive agreements, or mergers.
213
CYBER LAW AND INFORMATION TECHNOLOGY
Advent of computers, followed by Internet has revolutionized the human existence and their
conduct in the society. The information can be accessed, stored, retrieved and distributed
speedily and easily. The traditional paper documents are now being replaced by their
electronic equivalents. The commercial transactions and individual functioning are more
driven by the digital technology. This transition has put forth need for a law to facilitate and
govern activities in the information society and has thus led to the passing of the Information
Technology Act, 2000 (IT Act).
The primary focus of this course will be studying on electronic commerce, electronic
signatures, electronic governance, data protection, cyber security, penalties and offences
under the IT Act, dispute resolution and other contemporary issues. In addition, there will be
an insight into the applicability of other laws in the digital environment.
Course Outline
Module I: Introduction to Cyberspace

a) Over view of computer and web technology –Evolution of cyberspace
b) Technology and its impact on Society and Politics- Growth and significance of
Information Technology- Need for Cyber Law-Information Technology Act 2000
with recent Amendments
c) Jurisdictional issues in Cyberspace-Types of jurisdiction –Theories of Jurisdiction-
The test evolved -Minimum contacts theory-Sliding scale theory-Jurisdiction under IT
Act, 2000;.
Module II: Constitutional and Human Rights Issues in Cyberspace

a) Freedom of Speech and Expression in Cyberspace
b) Right to Access Cyberspace -Access to Internet
c) Right to Privacy-Right to data Protection- Personal Data Protection Bill 2019.
Module III: Legal Recognition and Authentication of Electronic Records

a) UNCITRAL Model Law -Concept of public and private key-Authentication of
electronic records using digital signature -Asymmetric cryptosystem and encryption -
Hash Function
b) Public Key infrastructure and Hierarchy -Controller of certifying Authorities-
Certifying authorities –Subscriber,
c) Electronic records- Administrator of Electronic records- Electronic Health records-E-
Governance and Electronic records Evidentiary value of Electronic records.
214
Module IV: New Dimensions of E-commerce
a) Kinds of contracts-Email and Standard form of contacts- -Formation of E-Contracts-

Application of Contract Act -Legal Validity of E-Contract-
b) Electronic Data Interchange- E-Commerce - Models of E-Commerce;
c) E-Governance- what is E-Governance-E-Governance project in India –The
National e-Governance Plan(Ne-GP)- E-Courts Mission Mode Project of India;
d) E-Banking transaction –Online payment Options -First Virtual-Cyber Cash-
Secured electronic transaction;
e) Taxation issues in Cyberspace –Permanent Establishment-Double Taxation
Avoidance Agreement-Model Tax Treaty- OECD (Organization for Economic Co-
operation and Development) Model Tax treaty and United Nation Model Tax Treaty.
Module V: Cyber Crimes
a) Nature and scope of Cyber Crimes- Mens rea and Actus reus in cybercrime-
b) Cyber contraventions and cyber offences under the IT Act
c) Cybercrime against person, property and govt-Hacking, Hijacking, Digital forgery,
Cyber pornography, Child pornography under IT Act and POSCO Act, Cyber
Stalking, Cyber Bullying , Phishing, Identity theft and fraud, Cyber murder, Virus
Attack, Cyber terrorism, Cyber warfare, Cyber defamation
d) Adjudication under IT Act- Adjudicatory Officers- Cyber Appellate Tribunal
Module VI: Intellectual Property Issues in Cyberspace
a) Interface with Copyright Law-Copyright Protection of Computer Programme-Reverse

engineering of Computer Programme– Copyright Infringement in Cyberspace -
Obligation Concerning Technological Protection Measures WCT and WPPT-Limiting
the Liability of Internet Service Provider -EU Database protection Directive ;
b) Interface with Patent law-Patentability of Software – Business Method Patent ;
c) Trademarks and Domain Name Related issues- Cybersquatting -Anti Cybersquatting
Consumer Protection Act- Metataging-Pop Up Advertisements-Framing- Linking-
Dispute Resolution under –ICANN Policy -UDRP-INDRP.
215
Module VII: Contemporary Issues in Cyberspace
a) Cloud Computing-Essential characteristic- Deployment models –Service models

b) Convergence of technology –definition- before and after Convergence of technology-
Communication Convergence Bill 2001 – Spectrum Management Committee
c) Block Chain Technology- peer-to-peer technology- Crypto currency-Distributed
ledger
d) Artificial Intelligence- Big data Analytica.
Books:
1. Kamath Nandan, Law Relating To Computers Internet &E-Commerce- A Guide To

Cyberlaws &The Information Technology Act, Rules , Regulations And Notifications Along
With Latest Case Laws (2012).
2. Karnika Seth, Computers Internet and New Technology Laws (2013).
3. Kamlesh K. Bajaj, Debjani Nag, E-Commerce: The Cutting Edge of Business, 2nd Ed. (2005).
4. Apar Gupta, Commentary on Information Technology Act (2016).
5. N.S Nappinai – Technology Laws, 1st Ed LexisNexis (2017).
Journals/Artcles:
1. Nishith Desai, E-commerce in India – Legal, tax and regulatory analysis available
at http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/E-
Commerce_in_India.pdf
2. Hemali Shah and Aashish Srivastavat ―Signature Provisions in the Amended Indian
Information Technology Act 2000: Legislative Chaos‖, 43 Comm. L. World Rev. 208 2014
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748441
3. Christopher Reed, ―Legally binding electronic documents: Digital
Signatures and Authentication 35(1) International Lawyer 89-106 available at
4. Cyber Laws of India‖, www.iibf.org.in/documents/Cyber-Laws-chapter-in-Legal-
Aspects-Book.pdf (Book on IT security of IIBF published by Taxmann Publishers)
5. Amlan Mohanty, New Crimes under the Information Technology Amendment Act, 7 Ind. J.
L. & Tech. 103 (2011) available at Westlaw India.
Further Readings:
Books:
1. Harish Chander, Cyber Law and IT Protection, PHI Learning Private Limited, Delhi
(2015)
2. V. D. Dudeja, Information Technology and Cyber Law , Common wealth Publisher
(2017)
3. Anirudh Rastogi, Cyber Law: Law of Information Technology and Internet,
216
Lexis Nexis, (2014).
4. Mark A Lemley, Peter S. Menell, Robert P Merges, and Pamela Samuelson,
Software and Internet Law, Aspen Publishers, New York, (2006).
5. Cohen, Lore, Okediji, and O’Rourke, Copyright in a Global Information Economy.
AspeanPublisher, New York, (2010)
6. Abhivardhan, Artificial Intelligence Ethics and International Law: An
Introduction, BPB Publisher, Delhi (2019)
7. Don Tapscott and Alex Tapscott, Block Chain Revolution, Penguin Random
House, UK (2018).
8. Anne S.Y. Cheung, Privacy and Legal Issues in Cloud Computing, Edward Elgar
Publishing, (2016).
9. Lawrence Lessig, Code and Other Laws of Cyberspace 1999, Code ersion 2.0,
Basic Books Publication (2006).
10. Scott Charney & Kent Alexander, Computer Crime, 45 Emory L. J. 931, (1996)
Journals/ Articles
1 Stacey L. Dogan & Mark A. Lemley, Trademarks and Consumer Search Costs on the
Internet, 41 Hous. L. Rev. 777 (2004).
2 Mark A. Lemley and R Anthony Reese, Reducing Digital Copyright Infringement without
Restricting Innovation, 56 Stan. L. Rev. 1345 (2004).
3 Pamela Samuelson , intellectual Property and The Digital Economy: Why the Anti
Circumvention Regulations Need to be Revised, 14 Berkely Tech. L. J. 519 (1999).
4 Julie Cohen, Reverse Engineering and the Rise of Electronic Vigilantism: Intellectual
Property Implications of “Lock-Out” Technologies 68 S. Cal. L. Rev 1091 (1995)
5 Rochelle Cooper Dreyfuss, Are Business Method Patent Bad for Business? 16 Santa Clara
Computer & High Tech. L.J. 263 (2000)
6 Mark A. Lemley, Intellectual Property and Shrinkwrap Licenses, 68 S. Cal L. Rev. 1239
(1995)
7 Jinku Huang, Is the ACPA a Safe Haven for Trade Mark Infringers? Rethinking the Unilateral
Application of the Lanham Act 22 J. Marshall J. Comp. & Info. L. 655 (2004)
8 Jessica Litman, Sharing and Steeling, 26 Hastings Comm. & Entertainment L. (2004)
9 Neil W. Netanel, Impose a Non Commercial Use Levy to allow Free Peer-to-Peer File
Sharing 17 Harv. J. L. & Tech. l. (2003)
11. Pamela Samuelson, Did MGM Really Win the Grokster Case? 48 Communications ACM 19
(2005)
217
Cases for Guidance:
1. Casio India Co. Ltd., v. AshitaTelesyatems Pvt Ltd, 106 (2003) DLT 554
2. India TV Independent News services Pvt Ltd., v. India Broadcast Live and Others (2007) 145
DLT 521
3. Cybersell Inc. v. Cybersell, Inc, 130 F.3d 414 (9th Cir 1997)
4. Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp 1119 (1997)
5. Shreya Singhal v. Union of India (2013) 12 SCC 73
6. Regina v Hicklin [1868] LR 3 QB 360
7. Miller v California 413 US 15 (1973)
8. Ranjit D. Udeshi v. state of Maharashtra AIR 1965 SC 881
9. Samaresh Bose v. Amal Mitra (1985) 4 SCC 289
10. Ajay Goswami v. Union of India (2007) 1 SCC 169
11. Maqbool Fida Hussain v. Raj Kumar Pandey (2007)
12. State of Tamil Nadu v. SuhasKatti (2004)
13. Avinash Bajaj v. State (NCT ) of Delhi, (2005) DLT 427
14. Computer Associates international inc., v. altai 982 F.2d 693 (3rd Cir 1992)
15. Sega EnterPrises Ltd v. Accolade Inc., (1992)
16. Sony Computer entertainment Inc v. Connectix Corp., (2000)
17. A & M Records v Napster Inc., 239 F. 3d 1004 (9th Cir. 2001)
18. Metro-Goldwyn-Mayer Studios Inc v. Grokster, Ltd 125 S. Ct. 2754 (2005)
19. Yahoo Inc v. Akash Arora &Anr, 78 (1999) DLT 285
20. Panavision International L. P. v. Toeppen 141 F.3d 1316 (9th Cir 1998)
21. Shields v. Zuccarini 254 F.3d 476 (3rd Cir. 2001)
22. Brookfield Communications inc v. West Coast Entertainment Corporation 174 F.3d 1036 (9th
Cir 1999)
23. Playboy Enterprises v. Welles, 279 F.3d 796 (9th Cir 2002)
24. Diamond v. Diebr 450 US 175 (1981).
25. Bilski v. Kappos, 177 Led 2d 792
26. Alice Corp v. CLS Bank (2014)
27. Tata Sons V Greenpeace International (2011)178 DLT 705
28. Super Cassettes Industries Ltd., v. Myspace Inc., (2011) 49 PTC 49 Del.
Learning Outcome:
• Understand and explain the rudiments of internet technology and the Domain Name System
• Learn the scope and function of legal and technological regulation of the internet.
• Understand with the Social and Intellectual Property issues emerging from ‘Cyberspace.
• Explore the legal and policy developments in various countries to regulate cyberspace
• Develop the understanding of relationship between commerce and cyberspace
• Give learners in depth knowledge of Information Technology Act and legal frame work of
right to Privacy, Data Security and Data Protection.
218
RIGHTS
INTERNATIONAL HUMAN RIGHTS LAW
The objective of the course is to introduce the human rights and facilitate the students to
understand the working of international Human Rights Law. The international human rights
institutions and laws are provided to understand the global discourse on human rights. The
dynamics of modern human rights is introduced to student through two specific modules
focussing on selected themes. Indian practice is studied through the contribution of all the
organs of the state. All the major regional human rights mechanisms are introduced.The
students shall understand the making of regional human rights mechanisms and work of
NGOs. The students is expected to acquire following competencies after the course,
1. The students will understand the role and limitations of international law with
historical and institutional background.
2. The students will be able appreciate the application of human rights to complex
social, political and economic situations.
3. They will be in a position to apply human rights to real life situations to court crafts.
COURSE OUTLINE
Module I: Background and Introduction
A. Origin and Development – Concept of Human Rights –Ancient Europe - The Middle
Ages – The Magna Carta – Bill of rights – American Revolution – French Revolution
– Classification of Human Rights – Practice of Ancient Indian States - Vedas, Ashoka
and Sangam Tamil Nadu
B. Human Rights and Duties – the idea of duty in the ancient and modern era – duty of
individuals to fellow human beings – Gandhian Ideas and human rights instruments
on duties
C. Sources of International Human Rights Law: Treaties, Customs and soft law
instruments- role of international courts and tribunals – recognition of international
human rights law by municipal systems
Module II: Development of International Human Rights Law
A. ICRC and Evolution of International Humanitarian Law – abolition of slavery –

national and international efforts to abolish slavery and apartheid
B. Right of Self–Determination of People – Prohibition of Genocide – Prohibition of
Torture – Prohibition of Racial Discrimination – Prohibition of Slavery – Prohibition
of Human Traffic and modern forms of slavery
C. Evolution of International Labour Organisation – Early conventions and subsequent
development – rights of workers including women, children and migrant labour
219
Module III: United Nations and International Human Rights
A. Evolution of Human Rights in the UN framework- Development of UDHR – Role of

Commission on Human Rights
B. International Bill of Human Rights – Universal Declaration of Human Rights –
International Covenant on Civil and Political Rights – International Covenant on
Economic, Social and Cultural Rights – Non-derogable rights – Progressive
Realisation of Human Rights – Conventions on Rights of the Child, Women and
Disabled
C. Prevention of Terrorism –International efforts to counter terrorism –cyber warfare and
human rights
Module IV:Enforcement Mechanisms
A. General Assembly and Security Council on Human Rights - United Nations Charter
based Human Rights Institutions- UNHRC –Committees under various human rights
treaties – General Comments and Recommendations – Special Rapporteurs – UN
High Commissioner for Human Rights
B. Response of International Community to Human Rights Situations: South and South
East Asia, Middle East, Africa, Latin America and Eastern Europe
C. Asian, African and European Human Rights Instruments and their enforcement –
Regional Judicial bodies. (European Court of Human Rights, Inter-American Court of
Human Rights and African Court of Human Rights)
Module V: Civil and Political Rights
A. Rights of elderly Persons, Tribes, Minorities (including Linguistic, Religious and

Sexual Minorities)
B. Rights of Victims of Crimes – Death Penalty – Rights of Accused and Convict
C. Democracy and International Rule of Law – Right to Vote – Right to Take Part in
the Governance
D. Concept of NGO’s and International NGO’s – their participation in Human Rights
issues – Selective case studies.
Module VI: Economic and Cultural Rights
A. Right to Education – International law and national implementation

B. Right to Health – International Law on Tobacco control, Narcotics - contagious
diseases – World Health Organisation
C. Right to Food, Water and Sanitation – eradication of hunger and malnutrition –
role of Food and Agriculture Organisation
D. Right to Environment – Sustainable Development Goals – economic
development, environmental protection and human rights
220
Module VII: International Refugee Law
A. Introduction – Refugees, Internally Displaced Persons, Forced Migration, Economic

Migration, Asylum – Relationship between IHRL, IHL, and IRL
B. International Standards in Refugee Law - 1951 UN Convention relating to the Status
of Refugees (UNCSR) with its 1967 Additional Protocol, UNHCR – Statute,
Mandate, Role, Functions, Responsibilities
C. Concept of Non-Refoulment, Durable Solutions - voluntary repatriation, local asylum,
and resettlement
D. Contemporary Concerns and Challenges – Select case studies
Module VIII: Implementing International Human Rights in India
A. India’s ratification and response to Human Rights Treaties and mechanisms

B. The Protection of Human Rights Act, 1993 – Paris Principles on National Human
Rights Institutions – State and National Human Rights Commissions
C. Commissions for Women, SC/ST, Minorities, Children etc.
D. Constitutional and Legislative Framework: Fundamental Rights, Duties and Directive
Principles – Right to Information
E. Role of High Courts and Supreme Court in Protecting Human Rights
Suggested Books
1. Rhona Smith – International Human Rights Law (Oxford, 2017)
2. M.K.Sinha – Implementation of Basic Human Rights (Lexis Nexis)
3. Michael Haas - International Human rights Law (Routledge, 2014)
Further Readings
• Amanda Alexander, “A Short History of International Humanitarian Law” The
European Journal of International Law Vol. 26 no. 1 (2015)
• Aswini K. Ray, Human Right Movement in India: A Historical Perspective,
Economic and Political Weekly, Vol. 38, No. 32 (Aug. 9-15, 2003), pp. 3409-3415
• Chetail, Vincent, Are Refugee Rights Human Rights? An Unorthodox Questioning of
the Relations between Refugee Law and Human Rights Law (September 17, 2012).
Human Rights and Immigration, Collected Courses of the Academy of European
Law, pp. 19-72, R. Rubio-Marin, ed., Oxford: Oxford University Press, 2014.;
Criminal Justice, Borders and Citizenship Research Paper No. 2147763. Available at
SSRN: https://ssrn.com/abstract=2147763
• Guy S Goodwin-Gill “The Dynamic of International Refugee Law” International
Journal of Refugee Law Vol. 25 no. 4 pp. 651–666 (2014)
• Kay Hailbronner, “Nationality in public international law and european law” in
“Acquisition and Loss of Nationality Volume 1: Comparative Analyse” Rainer
Bauböck(eds) Amsterdam University Press. (2006)
• KjerstiSkarstad, “Human rights through the lens of disability” Netherland Quarterly
of Human Rights” Vol. 36(1) 24 (2018)
221
• MarttiKoskenniemi , National Self-Determination Today: Problems of Legal Theory
and Practice, The International and Comparative Law Quarterly, Vol. 43, No. 2
(Apr., 1994), pp.241-269
• Myongsei Sohn, Globalization of Public Health Law and Ethics, Asia-Pacific Journal
of Public Health 24(5) 851-8 (2012)
• Philippe Cullet , The Right to Sanitation: Multiple Dimensions and Challenges in
Philippe Cullet (ed) “the Right to Sanitation in India” (Oxford, 2019)
• S. Muralidhan, “Rights of Victims in the Indian Criminal Justice System” National
Human Rights Journal (2004) http://www.ielrc.org/content/a0402.pdf
• S. Radhakrishnan, Development of Human Rights in an Indian Context, International
Journal of Legal Information (Volume 39 , 2008)
Indian Cases
• NALSA v. Union of India
• Navtej Singh Johar v. Union of India
• Francis Coralie Mullin Vs. The Administrator (AIR 1981 SC 746)
• Madhav HayawadanraoHoskot Vs. State Of Maharashtra (1979 SCR (1) 192)
• Selvi Vs. State Of Karnataka ((2010) 7 SCC 263)
• Jolly George Varghese v. Bank of Cochin (1980) 2 SCC 360
• Justice K.S.Puttaswamy(Retd) vs Union Of India, (2019)1 SCC 1
• Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295
• People’s Union For Democratic Rights Vs. Union Of India & Others AIR 1982 SC
1473
• Nilabati Behera Vs. State of Orissa 1993 SCR (2) 581
• Parmanand Katara v. Union of India ((1989) 4 SCC 286)
• Lakshmi Kant Pandey vs Union Of India (AIR 1984 SC 469)
• Chairman, Railway Board and others Vs. Mrs.Chandrima AIR 2000 SC 988
• Maneka Gandhi Vs. Union of India (1978) 1 SCC 248
International Court of Justice

• Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, https://www.icj-cij.org/en/case/131
• AhmadouSadio Diallo (Republic of Guinea vDemocratic Republic of Congo)
https://www.icj-cij.org/en/case/103
• Legal Consequences for States of the Continued Presence of South Africa in

Namibia (South West Africa) notwithstanding Security Council Resolution
276 (1970) https://www.icj-cij.org/en/case/53
• Application of the Convention on the Prevention and Punishment of the Crime
of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
https://www.icj-cij.org/en/case/91
• Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v.
Belgium) https://www.icj-cij.org/en/case/121
222
Regional Courts
• Advisory Opinion of Inter-American Court of Human Rights on ‘the right to

information on consular assistance in the framework of the guarantees of the
due process of law’
http://www.corteidh.or.cr/docs/opiniones/seriea_16_ing.pdf
• Case of Loizidou v. Turkey
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-58201%22]}
• Lautsi v. Italy, Judgement of the Grand Chamber dated 18 March 2011
• Al-Adsani v United Kingdom (2002) 34 EHRR 273
Foreign Courts
• Jam et al v International Finance Corp (586 U.S.2019)
• R (on the application of Edward Bridges) v The Chief Constable of South
Wales [2019] EWHC 2341
• Gillick vs West Norfolk and Wisbech Area Health Authority,
https://www.lawteacher.net/cases/gillick-v-west-norfolk.php
Learning Outcome
After undergoing this course,
1. Students will know the basics of international human rights law and its
applicationat the municipal level
2. They will be in a position to understand the opportunities and limitations in
thehuman discourse.
3. They will be in a position to apply the national and international human rights
lawto all human rights situations.
223
CONSTITUTIONAL LAW & PROPERTY LAW
HUMAN RIGHTS IN THE CONSTITUTIONAL LAW

Human Rights are essentially a product of Democracy. The Paper proposes to study
the Bill of Rights as a Constitutional guarantee of Human Rights. It focuses on the nature
and development of the concept of Human Rights and its applications in the Nation- States
through their Constitutional and Ordinary Laws.
1. The study helps understand the origin, evolution and the growth of human rights
2. It increases awareness of Human Right issues.
3. It helps to realize the importance of International Conventions and their application
into the constitutional scheme.
4. It enables to understand the role of judiciary in the development of Human Rights
Jurisprudence
COURSE OUTLINE
Module I: Historical Development of Human Rights in India
a. Origin and Development of Human Rights : History of human rights civilization,
Magna Carta, Bill of Rights, French and American Declarations, International Bill
of Rights, Contribution of UN, Universal Declaration of Human Rights, 1948.
b. Nature, Definition and theoretical perspectives of Human Rights.
c. Constitutionalism and Realization of Human Rights in India.
d. Classification of Human Rights.
e. Classification of Fundamental Rights.
Module II: Fundamental Rights as Human Rights

a. Applicability of Human Rights.
b. Influence of UDHR on Fundamental Rights
c. Un-enumerated individual rights under the Constitution.
d. Fundamental Rights as a limitation against State and Non-state Actors
e. Fundamental Duties- Evolution and Relationship between Fundamental Duties and
Fundamental Rights.
Module III: Directive Principles of State Policy as Human Rights

a. Influence of UDHR on Directive Principles of State Policy
b. Social-economic Rights- Distributive Justice.
c. Social- Security and Welfare Provisions.
d. Justiciability and enforceability of Directive Principles of State Policy.
e. Relative Importance of Directive Principles of State Policy and Fundamental Rights.
224
Module IV: Ensuring Human Rights through Good Governance
a. Democracy- Guaranteed freedoms, People’s Participation.
b. Rule of Law- Non-Arbitrariness- Fairness.
c. Due Process- Substantive and Procedural, Procedure established by law
d. Transparency- corrupt free governance, RTI, Whistle Blower Laws, Judicial
Accountability.
Module V: Emerging Dimensions of Human Rights and Evolution of the Concept of

Human Rights and Duties
a. International enforcement of human rights,

b. Impact of globalization on Human Rights
c. Human rights, science and technology
d. New rights: Rights of future generations,
e. Human rights and duties in contemporary India
Module VI: Judicial Activism and Development of Human Rights Jurisprudence:

a. Application of International Human Right Instruments in the domestic field
b. Rights of Women
c. Rights of children
d. Rights of LGBT and queer community
e. Rights of persons with disability
f. Rights of prisoners and prison reforms
g. Rights of senior citizens
h. Rights of minorities
Module VII: Human Rights and Statutory Machinery in India

a. Protection of Human Rights Act, 1992.
b. National Human Rights Commission.
c. State Human Rights Commission.
d. National Commission for Minorities; Women and Children
e. National Commission for SC, ST and OBC.
RECOMMENDED READINGS:
1. Upendra Baxi, The Future of Human Rights, (Oxford University Press, New Delhi,
2012)
2. Dr.D.D.Basu, Human Rights in Constitutional Law, 3rd Edition, {Lexis Nexis
Butterworths Wadhawa, New Delhi, 2008.)
3. Daniel Moeckli, Sangeeta Shah, & Sandesh Sivakumaran (ed.), International Human
Rights Laws, (3rd Edition, Oxford University Press, 2014)
4. Paras Diwan and Peeyushi Diwan, Human Rights and the Law, (Deep and Deep
Publication, New Delhi, 1998)
5. Justice D M Dharmadhikari, Human Values & Human Rights, 2nd Edition, Universal
Law Publications Company, New Delhi, 2016.
225
Articles from Journals:
1. Baxi, Upendra. “From Human Rights to the Right to Be Human: Some Heresies.”
India International Centre Quarterly, vol. 13, no. 3/4, 1986, pp. 185–200. JSTOR,
2. T.K.TOPE, “Fundamental Duties and Justiciability”, (1982) 2 SCC J-9
3. P.K.Tripathi, Directive Principles of State Policy, (1954) 17 SCJ 7
4. M.P.Singh, “The Statics and Dynamics of the Fundamental Rights and Directive
Principles – A Human Rights Perspective”, (2003) 5 SCC J -1
5. Human Rights Special issue, JILI vol. 40, 1998(Jan – Dec)
Further Readings:
1. Baxi, Upendra, Inhuman Wrongs and Human Rights ( Har Anand Publications,Delhi,
1994)
2. V.R. Krishna Iyer, Dialectics and Dynamics of Human Rights in India (1999)
3. AV Dicey, Law of the Constitution, (Mac Millan &Co. Ltd. London, 1994)
4. Human Rights and Duties in India : Law, Policy, Society and Enforcement
Mechanism, Dr. T. S. N. Sastry, Professor and Coordinator, HRE Programme,
University of Pune
5. Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,

(HarperCollins Publishers India, 2019)E-book available at
https://www.goodreads.com/book/show/43913429-the-transformative-constitution
6. HM Seervai, Constitutional Law of India – 3 Volumes (1991)
7. Raj Kumar, Chockalingam (ed), Human Rights, Justice and Constitutional

Empowerment (2nd Edition, Oxford University Press, 2010)
8. VenkatIyer (ed), Democracy, Human Rights And The Rule Of Law, (Essays in the
Honour of Nani Palkhivala, Butterworths, New Delhi, 2000)
9. Chandra, Shailja, Justice V.R. Krishna Iyer on Fundamental Rights and Directive
Principles (Deep and Deep, Delhi, 1998).
10. Nirmal, C.J., Human Rights in India (New Delhi: Oxford, 1999).
226
Landmark Cases for Guidance:
1. A.K.Gopalan v. State of Madras, AIR 1950 SC 27
2. ADM Jabalpur v. S. Shukla, AIR 1976 SC 1207
3. Air India v. NargeshMeerza,AIR 1981 SC 1829
4. BachapanBachaoAndolan v. Union of India, AIR 2011 SC 3361
5. Chairman Railway Board v. Chandrimadas, AIR,2000 SC 988
6. D.K.Basu v. State of West Bengal, AIR 1997 SC 610
7. Golak Nath v. State of Punjab, AIR 1971 SC 1643
8. Jolly George Varghese v. Bank of Cochin AIR 1980 SC 470
9. K.S. Puttaswamy and others v. Union of India, 2017 SCC 1
10. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
11. Maneka Gandhi v. Union of India AIR 1978 SC 597
12. MC Mehta v. State of Tamil Nadu AIR 1997 SC 699
13. Md. Hanif Quareshi v. Bihar, AIR 1958 SC 731
14. NALSA v. Union of India (2014) 5 SCC 438
15. Nilabati Bahera v. State of Orissa, (1993) 2 SCC 746
16. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180
17. PeoplesUnion for Democratic Rights v. Union of India, AIR 1982 SC 1473
18. Randhir Sigh v. Union of India, AIR 1982 SC 879
19. Sankari Prasad v. Union of India, AIR 1951 SC 455
20. Sajjan Singh v. State of Rajasthan, AIR, 1965 SC 845
21. Sarala Mudgal v. Union of India, (1995) 3 SCC 635
22. Sunil Batra v. Delhi Administration, ( 1 & 2) AIR 1980 SC1579
23. Vineet Narain v. Union of India AIR, 1998 SC 889
24. Visakha v. State of Rajasthan, AIR, 1997SC 3011
25. Young Lawyers Association v. State of Kerala(2018 SCC On Line SC 1690)
LEARNING OUTCOME:
1. The study will promote a good understanding of the provisions under the Constitution of
India dealing with human rights.
2. The study will help the students to realize liberty, equality and fraternity- a union of
trinity by ensuring that these values are applicable not only in the Public domain but also
to the private sphere.
3. Demonstrate an understanding of the practical application of human rights law to

specific human rights problems in India.
4. It ensures analysing complex human rights problems and applies relevant provisions of
human rights law in India
5. The study promotes human right awareness and duties education among the student
community by making them evaluate the role of judiciary in balancing individual
liberty with social control.
227
CYBER CRIME
Cyber world has come to occupy an important place in the history of mankind. As science
advances, the knowledge also expands. It is undeniable fact that cyber world has thrown new
vista but regretfully it has to be noted that it has also being misused and spreading
undesirable information. It has become necessary to find out ways and means to curb this
menace of spreading evil knowledge. The potential of the technology to be beneficial as well
as detrimental to the society has cast obligation on the people to be aware of the two sides of
the technology. It is still in a nascent stage and continuously evolving every passing day.
• To examine and discuss the history of computer crime.

• To examine various theoretical framework explaining computer crime.
• To educate about the regulation of cyber space at National and International level.
• To demonstrate knowledge of the different types of computer crime.
COURSE OUTLINE
Module I: Concept of Cyberspace and Cyber crimes
a) Definition and scope of Information Technology- Meaning and definition of
Cyberspace- Cyberspace as an Internet Metaphor
b) Convention on Cybercrime - UN & International Telecommunication Union (ITU)
Initiatives- Council of Europe - Budapest Convention on Cybercrime- Asia-Pacific
Economic Cooperation (APEC)- Organization for Economic Co-operation and
Development (OECD)
c) Origin and Development of Cyber crimes – Definition, Nature and Extent of Cyber
Crimes in India
d) cyber crimes under Indian Penal Code; Criminal Procedure Code; the Evidence Act
and Information Technology
e) A Trends in Cyber Crimes across the world.
Module II: Psychological , Sociological and Criminological Perspectives of Cyber

Criminals
a) Types of Cyber Criminals – Modus Operandi of Cyber Criminals – Causes of Cyber
Crimes
b) Profiling of Cyber Criminals
c) Tools and Techniques adopted by Cyber Criminals
d) Psychological theories relating to cyber criminals– Sociological and Criminological
Perspectives
e) Criminological Theories and Cyber Crime – Routine Activity Theory, Social
Learning Theory, Differential Association Theory, Differential Opportunity Theory,
Media and Crime and latest theories and other related theories.
228
Module III: Taxonomy of cyber crimes
a) Cyber Crime Against Individual-Internet Grooming; Cyber Stalking; Cyber
Harassment; Cyber Extortion; Online Pedophilia
b) Cyber Crime Against Property- Illegal Access; Hacking And Cracking- Illegal Data
Acquisition; Data Espionage-Illegal Interception; Data Interference; System
Interference-Computer Threats
c) Copyright And Trademark Related Offences- Computer Related Offences-
d) Cyber Crime Against Nation; Cyber Terrorism; Cyber Warfare; Cyber Laundering;
Content Related Offences
e) Crimes Associated With Mobile Electronic Communication Devices.
Module IV: Privacy and Data Protection- Cyber-Enabled Intellectual Property Crime
a) Privacy- Privacy and security
b) Cybercrime that compromises privacy
c) Data protection -Data breach -Enforcement of privacy and data protection
d) Intellectual Property-Causes, reasons and perceived justifications for cyber-enabled
copyright and trademark offences in Digital medium
e) Domain Name Dispute and resolution issues in Digital Medium- Protection and
prevention efforts.
Module V: Issues and challenges

a) Cyber law and Jurisdiction-principles of Jurisdiction
b) Theories of jurisdiction in cyberspace- the theory of up loader and the downloader
;the Minnesota theory; the theory of the server
c) Internet jurisdiction – Indian context of Internet jurisdiction - International position of
Internet jurisdiction
d) Cyber Crime Present and the Future- Crypto currency-Bitcoin- Ethereum-
Blockchain-Ransomware
e) Deep Weband Dark Web- Deep Web And Its Challenges.
Module VI: Prevention of Cyber Crimes

a) Statutory Provisions regarding Cyber Crimes in India- The Information Technology
Act, 2000 and the Information Technology (Amendment) Act
b) Judicial Perspective of India in cyber crime
c) Global Perspective of Cyber Crimes and the related Laws-International cooperation
to combat cyber crimes
d) Conferences, Conventions, Summits, and Treaties cyber crimes and cyber laws-
World Trade Organization (WTO), World Intellectual Property Organization (WIPO)
e) Internet Cooperation for Assigned Names and Numbers (ICANN).
229
Recommended Reading
Books
1. Cyber Crime, Talat Fatima, 2nd Edition, Eastern Book Company
1. Cyber law and Cyber crime: Analytical Approach, Dr.M.K.Nagaraja, Sun Publishing
House, Edition 2014
2. Solving the internet jurisdiction puzzle,SvantessonD,Oxford University Press, (2017)
3. Cyber Crime and Cyber Terrorism Investigator's
Handbook,AkhgarBStaniforthABoscoF,Elsevier Inc., (2014)
4. Cyber Crime and Cyber Terrorism Investigator's
Handbook,AkhgarBStaniforthABosco F, Elsevier Inc., (2014)
Journals/ Article
1. Diffusion and effects of cyber-crime in developing economies, Kshetri N, Third
World Quarterly (2010) 31(7) 1057-1079
2. Online "Predators" and Their Victims: Myths, Realities, and Implications for
Prevention and Treatment, Wolak JFinkelhorDMitchellKYbarra M, American
Psychologist (2008) 63(2) 111-128
3. The Perception Analysis of Cyber Crimes in View of Computer Science Students,
SolakDTopaloglu M, Procedia - Social and Behavioral Sciences (2015) 182 590-595
4. Hate crimes in cyberspace, Choice Reviews Online (2015) 52(07) 52-3918-52-3918
5. Exploring and analyzing Internet crimes and their behaviours, Arora B, Perspectives
in Science (2016) 8 540-542
FURTHER READING
Books
1. Cyber-Physical Attacks: A Growing Invisible Threat,Loukas G, Elsevier, (2015)
2. The psychology of cyber crime: concepts and principles, Kirwan GPowerA
Information Science Reference, (2012)
3. Security and the networked society, AoMOwens R, Springer International Publishing,
(2013
4. Cyberspace and Cybersecurity, TrachtmanJTrachtman J, Cambridge University Press,
(2013), 85-117, Book Chapter
5. Virtually criminal: Crime, deviance and regulation online, Williams M, Routledge
Taylor & Francis Group, (2006)
6. Corporate hacking and technology-driven crime: Social dynamics and implications,
Holt TSchell B, IGI Global, (2010)
7. Crime, justice and social media, Salter M, Taylor and Francis, (2016)
8. Cybersecurity Law, Kosseff J, Wiley, (2019)
9. Cyber warfare: A multidisciplinary analysis, Green J, Taylor and Francis Inc., (2015)
10. International internet law, Kulesza J, Taylor and Francis, (2012)
230
Journal / Article
1. Internet development, censorship, and cyber crimes in China, Liang BLu H, Journal
of Contemporary Criminal Justice (2010) 26(1) 103-120
2. Pattern of global cyber war and crime: A conceptual framework, Kshetri N, Journal of
International Management (2005) 11(4) 541-562
3. The challenge of measuring cyber-dependent crimes, Furnell SEmmDPapadaki M,
Computer Fraud and Security (2015) 2015(10) 5-12
4. Cyber terrorism challenges: The need for a global response to a multi-jurisdictional
crime, Tehrani PAbdulManapNTaji H, Computer Law and Security Review (2013)
29(3) 207-215
5. Impact of Cyber Crime: Issues and Challenges, Das SNayak T, International Journal
of Engineering Sciences & Emerging Technologies (2013) 6(2) 142-153
6. Cyber Staking : Crime and Challenge at the Cyberspace, Thapa AKumar R,
International Journal of Computing and Business Research (2011) 2(1)
7. Fear of cyber crime among college students in the United States: An exploratory
study, Yu S, International Journal of Cyber Criminology (2014) 8(1) 36-46
8. Growing cyber crimes in India: A survey, Kumar P,Proceedings of 2016 International
Conference on Data Mining and Advanced Computing, SAPIENCE 2016 (2016) 246-
251
9. Effects of cyber security knowledge on attack detection, Ben-Asher NGonzalez C,
Computers in Human Behavior (2015) 48 51-61
10. Cyber security challenges in smart cities: Safety, security and privacy,
ElmaghrabyALosavio M, Journal of Advanced Research (2014) 5(4) 491-497
Cases for Guidance

1. Vyakti Vikas Kendra, India Public v. Jitender Bagga (Del HC) I.A. No. 8877/2012 in
CS(OS) No.1340/2012 Order decided on : 09.05.2012
2. Shreya Singhal v. U.O.I (SC) Writ Petition (Criminal) No.167 OF 2012 24 March,
2015
3. Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. 2004 Supp(2) SCR 465
4. Banyan Tree Holding (P) limited v. A. Murali Krishna Reddy CS (OS) No. 894/2008,
Del(DB
5. Neogen Corp. v. Neo Gen Screening, Inc., 282 F.3d 883, 890 (6th Cir. 2002)
6. National Association of Software v. Ajay Sood and ors. 119 (2005) DLT 596, 2005
(30) PTC 437 Del
7. Aveek Sarkar v. State Of West Bengal (SC) CRIMINAL APPEAL NO.902 OF 2004
decided on 3 February, 2014
8. State of Tamil Nadu v. SuhasKatti ( decided on 5-11-2004) ADDL. CMM EGMORE,
, C.C.NO.4680/2004 Source :http://www.prashantmali.com/cyber-law-cases
9. The State (Cyber Cell v. Yogisha @ Yogesh Pandurang Prabhu ADDL. Chief
Metropolitan Magistrate, 37th Court, Esplanade, Mumbai C.C. No. 3700686/PS/2009
(Delivered on 3rd July, 2015)
10. Maqbool Fida Husain v. Raj Kumar Pandey Delhi High Court, CRL. REVISION
PETITION NO.114/2007 Decided on 8 May, 2008
231
11. Anvar P.V v. P.K.Basheer&Ors Civil Appeal No. 4226 of 2012 (SC) decided on 18
September, 2014
12. Syed Asifuddin v. State of Andhra Pradesh, 2006 (1) ALD (Cri) 96; 2005 CriLJ 4314
13. Diebold Systems Pvt. Ltd. vs The Commissioner, ILR 2005 KAR 2210
14. Sanjay Kumar v. State of Haryana P & H High Court decided on 10/01/2013 CRM
No.1353 of 2013 ;CRR No.66 of 2013 (O&M)
15. State of A.P. v.. Prabhakar Sampath VI Addl.Chief Metropolitan Magistrate,
Hyderabad. CC. 489 of 2010 31st day of March, 2015 Available
at:http://www.prashantmali.com/cyber-law-cases
16. Hyderabad v. Prabhakar Sampath, Add. CMM Hyderabad, decided on 31/03/2015,
CC 489 0f 2010 available at: www.prashantmali.com/cyberlaw-cases 34
17. Naascom v. Ajay Sood, 119 (2005) DLT 596
18. Aveek Sarkar v. State of West Bengal (SC) Criminal Appeal no. 902 of 2004 decided
on 3/2/2014
19. Anvar P.V v. P.K.Basheer, Supreme Court, decided on 18 September, 2014, Civil
Appeal No.. 4226 of 2012, available at http://indiankanoon.org/doc/187283766/
20. My Space Inc. v. Super Cassettes Industries Ltd., Delhi (DB), FAO(OS) 540/2011,
C.M. APPL.20174/2011, 13919 & 17996/2015 decided on 23 December, 2016
available at http://indiankanoon.org/doc/12972852/
Learning Outcomes
1. To analyze the ways in which information and communication technology is used to
commit cyber organized crime
2. To spread awareness among the general public about the cyber law.
3. To demonstrate knowledge of the incidence, prevalence, distribution, and impacts of
computer crime
4. To demonstrate knowledge of the investigation, prosecution, and sentencing of
computer crimes
5. To examine the current trends in computer crime and future of computer crime.
232
INSURANCE LAW

The concept of Insurance has been prevalent in India since ancient times. This is evidenced
from the over-seas travel for business and commerce, wherein if any loss sustained in the
transit, it was borne by the Joint family members doing business together. In the present
times Insurance has taken a remarkably different structure and developed to a considerable
extent. It is crucial to a Student of Law to have a comprehensive knowledge of Insurance
Law, in the light of Insurance sector having expanded into all fields and having become an
integral part of both the common man and the corporate sector.
The objective of the study of this subject is to provide the Students -
i. An understanding of the Legal dimensions of the Law relating to the formation of
insurance contracts.
ii. An insight into the Laws that buttress the operations of insurance.
iii. To comprehend and appreciate the significance of various types of insurances and the
consequences of the happening of various perils insured against.
iv. To familiarise with the organisational set-up of the redressal mechanisms, functions and
powers of the same, claim settlement procedural aspects, under the various Statutes
pertaining to insurance.
COURSE OUTLINE
MODULE – I: INTRODUCTION:
a. Concept of Insurance.
b. Nature and Scope of Insurance.
c. Significance and utility of Insurance.
d. Formation of Insurance Contract.
e. Classification of Insurance.
f. Insurance as an
• Aleatory Contract;
• Uberrima Fides;
• Indemnity Contract;
• Wager;
• Adhesion.
233
MODULE – II: GENERAL PRINCIPLES OF INSURANCE:
a. Insurable Interest.
b. Premium.
c. Risk.
d. Assignment of Insurance policies
e. Warranties.
f. Representations and Disclosures.
g. Ombudsman.
h. Double Insurance and Reinsurance.
i. The Insurance Act, 1938.
j. Insurance Regulatory and Development Authority Act, 1999.
MODULE – III: LIFE INSURANCE:

a. Definition of pertinent terms.
b. Contract of Life Insurance and formation.
c. Policy of Life Insurance.
d. Comparison between life insurance and other insurances.
e. Kinds of Life Insurance Contracts.
f. Events insured against in Life Insurance.
g. Felo De Se.
h. Elements affecting the risk.
i. Sums recoverable under Life Insurance policy.
j. Persons entitled to Payment.
k. Settlement of Claims.
l. Life Insurance Corporation Act, 1956.
m. Privatisation of Life Insurance industry.
MODULE – IV: MARINE INSURANCE:

a. Nature of Marine Insurance.
b. Marine Adventure.
c. Classification of Marine Insurance policies.
d. Voyage, Change of Voyage and Deviation.
e. Maritime Perils.
f. Excluded Losses.
234
g. Warranties in Marine Insurance.
h. Actual Total Loss.
i. Constructive Total Loss.
j. Abandonment.
k. Slip and cover.
l. General Average.
m. Particular Average.
n. Salvage.
o. FPA Clause.
p. Indian Marine Insurance Act, 1963.
MODULE – V: FIRE INSURANCE:

a. Meaning of the term ‘Fire’.
b. Loss by Fire.
c. Nature of Fire Insurance.
d. Consequential Loss Coverage.
e. Doctrine of Subrogation.
f. Doctrine of Contribution.
g. Doctrine of Re-instatement.
MODULE - VI: MOTOR VEHICLES INSURANCE:

a. Nature and Scope of Motor Vehicle Insurance.
b. Indemnity in Motor Vehicle Insurance Contracts.
c. Types of Motor Vehicle Policies.
d. Absolute and no fault liability.
e. Amount payable in case of death and permanent disablement.
f. Nature and Scope of Compulsory Insurance.
g. Third party claims.
h. Hit and Run Motor Accidents.
i. Motor Accident Claims Tribunal.
j. The Motor Vehicles Act, 1988.
k. The Motor Vehicles (Amendment) Act, 2019.
235
RECOMMENDED READING:
a) Modern Law of Insurance in India, by K.S.N. Murthy and K.V.S. Sharma – LexisNexis, 6th
Edition, 2019.
b) Law of Insurance, by Avtar Singh – Eastern Book Company, 3rd Edition, 2017, reprinted in 2018.
c) Principles of Insurance Law, by M.N. Srinivasan – LexisNexis, 10th Edition, 2017.
d) General Principles of Insurance Law, by E.R. Hardy Ivamy – Butterworth, 6th Edition, 1993.
e) Modern Insurance Law, by John Birds – Sweet and Maxwell, 11th Edition, 2019
JOURNALS:
1. Rappaport, John, How Private Insurers Regulate Public Policy (February 15, 2016). Harvard law
Review, Vol.130, pp.1539-1614.
2. Feinman, Jay M., Contract and Claim in Insurance Law (2018), Connecticut Insurance Law
Journal, Vol.25, No.1, 2018.
3. Dr. Pramod Deo, IRDA: Regulator of Insurance Sector in India, Indian Journal of Research,
Volume:5, Issue:6, June 2016, pp.189-192.
4. Hay Bruce L, A No-Fault Approach to the Duty to Settle (October 1, 2015). Rutgers Law Review,
Vol.68, No.3, 2016.
5. P.C. James, Leveraging Distribution For Mainstreaming Insurance, IRDAI Journal, Volume XIV,
No.2, 2016, pp.11-15.
FURTHER READING:
1. Good Faith and Insurance Contracts, by Peter MacDonald Eggers (lloyd’s Insurance Law
Library),Informa Law from Routledge, 4th Edition, 2018.
2. Insurance Law & Policy: Cases Materials & Problems, by Tom Baker, Aspen Publishers, 3rd
Edition, 2013.
3. Principles of Insurance Law, by Emeric Fischer, LexisNexis, revised 3rd Edition, 2001.
4. The Law of Liability Insurance, by Malcolm A. Clarke, Inrorma law from Routledge, 2nd
Edition,2017.
5. Insurance Contract law between Business Law and Consumer Protection, by Helmut Heiss,
Dike Publishers, 2012.
6. Kannan,N., A Study on the Growth of Indian Insurance Sector (2010). International Journal
of Management, Volume 1, Issue 1, May 2010, pp.17-32.
7. Prashanth, V., Necessity of Insurable Interest in Insurance Contracts (August 1, 2008).
Corporate law Cases; August 2008 Edition; Published by All India Reporter, Nagpur, India.
8. Bennett Howard, Fortuity in the Law of Marine Insurance. Lloyds Maritime and Commercial
Law Quarterly, pp.315, 2007.
236
LANDMARK CASE LAW:
1. Pim v. Reid
2. Dalby v. The Indian & London Assurance Co.
3. Tyrie v. Fletcher.
4. Law v. London Indisputable.
5. Stevenson v. Snow.
6. The Wilson Son’s & Co. v. Xantho.
7. Beresford v. Royal Insurance Co. Ltd.
8. Oriental Life Insurance Co. v. Ammiraju.
9. Ibrahim vs Mackinnon Mackenzie & Co.
10. Hyderabad (Deccan) Co. v. Willoughby.
11. Bouillon v. Lupton.
12. Canada Rice Mills Ltd. v. Union Marine & General Insurance Co.
13. Harris v. Poland.
14. Everest v. London Assurance Co.
15. Brown v. Royal Insurance Co.
16. Moore v. Evans.
17. Pandurang v. New India Life Insurance Co.
18. Union of India v. Swarn Singh and Others.
LEARNING OUTCOME:
1. Demonstrate knowledge of the legal and ethical aspects of insurance Law.
2. Discern and appreciate the importance of the impact of globalisation and diversity in modern
insurance based organisations.
3. Perceive how losses are measured and the various principles such as of indemnity, contribution,
subrogation, reinstatement etc that are applied in accessing insurance claims.
4. Develop the ability of critical thinking and an analytical approach to the application of
knowledge and skills to select viable solutions in resolving issues that may arise in execution of
insurance contracts.
237
RIGHTS
INTELLECTUAL PROPERTY ON TRADITIONALKNOWLEDGE AND

GENETIC RESOURCES
The legal regimes that govern the relationship between intellectual property, traditional
knowledge and bio diversity remain sources of significant tension in international intellectual
property law making. A number of difficulties arise in efforts to reconcile legal and policy
norms at the intersection of the three regimes. Such difficulties generally stem from perceived
short comings of the globally recognized forms of intellectual property rights to
accommodate traditional knowledge and biodiversity in providing sufficient protection.
The objective of the course is to study how at the international and national level address the
Issue of TK and Genetic Resources
COURSE OUTLINE
Module I: Introduction to Traditional Knowledge
a) Meaning and Scope of traditional Knowledge – Interface between IP and traditional

Knowledge – Need and Significance of protection - Detailed analysis of traditional
knowledge and traditional cultural expressions
b) Cultural Property, Interface between Cultural Property and Intellectual Property,
Converting Cultural Property into Intellectual Property and Ownership Issues WIPO
Guidelines on Cultural Property-
c) Folklore - – Conceptual Analysis –International and National Perspectives.
Module II: International Protection of TK and Human Right Perspectives
a) International Development of Traditional Knowledge Protection – CBD – FAO

International Treaty on Plant Genetic Resources
b) Protection of Folklore/Cultural Expressions by UNESCO - Developments in WIPO
on Traditional Knowledge and Traditional Cultural Expression
c) Inter-relationship between IPR and Human Rights-An Overview of Art 17 (Right to
Property) and Art 27 (Right to participate in Cultural Life of the Community) of
UDHR and Art 15 (1) (To take part in Cultural Life) of ICESCR.
238
Module I11: Protection of TK in India
a) Positive Protection of TK under Indian Laws – Patents – Plant Variety and

Biodiversity – Geographical Indications Copyrights– Trade Secrets – Test data
protection.
b) Traditional Knowledge as Property -Nature of Property in Genetic Resources and
Associated Traditional Knowledge
c) Ownership in Traditional Knowledge: Nature and Elements of Ownership –
Exclusivity and Protection –Benefit Sharing.
Module IV: Documentation of Traditional Knowledge
a) Recognition and Documentation Recognition and Documentation of Traditional

Knowledge – Databases – Traditional Knowledge Digital Library “TKDL” -AYUSH
Systems of Medicines – Biodiversity Register.
Module V: Protection of Genetic Resources
a) Genetic Resources and Associated TK as Property – Nature of Property in GR and

Associated TK – Common Heritage of Mankind – CBD – Permanent Sovereignty
b) Ownership in GR & TK – Elements of Ownership – Exclusivity and Possession –
Nature of Ownership of GR and TK in CBD, Cartagena Protocol and Nagoya
Protocol (PIC & BS)
c) Patent on Genetically Modified Organisms, Patentability of GMOs,
d) Product of Nature Doctrine, Chakrabarty”s Legacy, Position in Different Countries,
US, UK, EC Directives and Position in India
Module VI: Benefit Sharing
a) Benefit Sharing – Different types of Benefits and Benefit Sharing

b) Beneficiaries – CBD, Nagoya Protocol and Indian Law- Bilateral vs. Multilateral
Benefit Sharing – CBD, Nagoya Protocol and ITPGRFA
c) Interface between IPR and GR and TK – TRIPS-CBD conflict and proposed
solutions
Module VII: Protection of Plant Genetic Resources and Farmers’ Right
a) Plant Genetic Resources- Common Heritage of Mankind-International Understanding

of Plant Genetic Resources for Food and Agriculture-UPOV Convention 1961, 1978
&1991 Text
b) Plant Varieties Protection-Distinctiveness, uniformity, stability and Novelty-
239
Farmer’s rights – GM Corps- International Treaty for Plant Genetic Resources for
Food and Agriculture 2001 -Benefit Sharing- Mutually Agreed Terms-Prior Informed
Consent- Access to Plant Genetic resources.
Books:
1. Christoph Belman and Graham Dutfield, Trading in Knowledge: development

Perspectives on TRIPS, Trade and Sustainability, Earthscan Publications Ltd. (2003)
2. Patricia Lucia Marin, Providing Protection for Plant Genetic Resources: Patents, Sui
Generis Systems and Bio-Partnerships, Kluwer Law International (2001)
3. Timothy M. Swanson (ed), Intellectual Property Rights and Biodiversity
Conservation: An Interdisciplinary Analysis of the Values of Medicinal Plants,
Cambridge University Press (1995)
4. Dr. N. S .Gopalakrishnan and Benoy K. Kadavan, Study on Test data Protection in
India, Eastern Book Company, Lucknow (2005)
5. Christoph Antons (ed.) Traditional Knowledge, Traditional Cultural Expressions and
Intellectual Property Law in the Asia Pacific Region, Kluwer Max Planck Series,
(2009)
Journals/Articles:
1. Navigating Traditional Knowledge And IP – The Adventure of the Yakuanoi,
Available at : https://www.wipo.int/tk/en/tk/yakuanoi.html
2. Inter- Governmental Committee on Traditional Knowledge, Traditional Cultural
Expression and Genetic Resources, Available at: https://www.wipo.int/tk/en/igc/
3. Lorie Graham and Stephen Mc John, Indigenous Peoples and Intellectual Property, 19
Wash. U.L.J.L &Pol’y (2005) Pp: 313-338.
4. Bastida-Munoz, MindahiCrescencio& Geraldine A. Patrick, Traditional Knowledge
and Intellectual Property Rights- Beyond TRIPS Agreements and Intellectual
Property Chapter of FTA’s., Journal of International Law Vol 14, No. 2, 2006 (259-
290).
5. Sudhir Krishnaswamy, Intellectual Property and India Development Policy, Indian J L
and Tech., (2015), Pg. 169.
Further Readings
Books
1. WIPO Reading Material on Intellectual Property, WIPO, Geneva
2. FAO, The State of World’s Plant Genetic Resources for Food and Agriculture
3. Convention on Biological Diversity, 1992 and International Treaty on Plant Genetic
Resources for food and Agriculture, 2002
240
4. UNESCO/WIPO Model Provisions for Protection of Folklore/ Cultural Expressions.
5. Documents of Inter Governmental Committee, WIPO on TK & TCE protection,
WIPO. Geneva.
6. Daniel F. Robinson Confronting Biopiracy: Challenges, Cases and International
Debates, Earthscan, (2010)
6. Jonathan Curci, Protection of Biodiversity and Traditional Knowledge in the
International Law of Intellectual Property, Cambridge University Press, (2010)
7. Dutfield and Posey, Beyond Intellectual Property: Toward Traditional Resource Right
for Indigenous Peoples and Local Communities, IDRC, (1996)
8. Geoff Tansey and TasmineRojotte (Eds.), The Future Control of Food: A Guide to
International Negotiations and Rules on Intellectual Property, Earth Scan, London
(2008)
9. Gerald Moore and Witold Timousky, Explanatory Guide to the International Treaty
on Plant Genetic Resources for Food and Agriculture, IUCN, Gland, Switzerland and
Cambridge, (2005)
10. Graham Dutfield, Intellectual Property Rights, Trade and Biodiversity, Earthscan
Publications Ltd, London (2000)
Journals
1. Rebecca Tsosie, An Essay on Cultural Appropriation and Cultural Rights, Arizona
State Law Journal Vol -34, No. 1, (2002), pp. 259-358
2. Charles R Mc Manis, Intellectual Property, Genetic Resources and Traditional
Knowledge Protection Thinking Globally, Acting Locally (2003), Cardozo Journal of
International Comparative Law 547.
3. L. Margulies, Protecting Biodiversity Recognizing International Intellectual Property
Rights in Plant Genetic Resources (1993) Michigan Journal of International Law
(322-356).
4. Marcus Goffe, Recent Developments in the WIPO Intergovernmental Committee on
Intellectual Property and Genetic Resources, Traditional knowledge and Folklore,
(2011) 1 Queen Mary J. Intell. Prop. Pp. 90-98.
5. Dennis S. Karjala, Sustainability and Intellectual Property Rights in Traditional
Knowledge, (2012) 53 Jurimetrics 57.
6. Susan Scafidi, Intellectual Property and Cultural Products (2001) Boston University
Law Review Vol. 81, pp. 793-842.
Learning Outcomes:
• Understand the nature, scope and ownership issue of traditional knowledge,
traditional cultural expression and genetic resources
• Examine the protection of traditional knowledge and genetic resources at the
International and National level.
• Study the impact of Cultural Property on the intangible cultural heritage of the
country.
241
LAND LAWS OF TAMIL NADU

Land rights are an integral part of Land Laws, as they socially enforce groups of individuals’
rights to own land in concurrence with the land laws of a nation. Land Law addresses the
legal mandates set forth by a country in regards to land ownership, while land rights refer to
the social acceptance of land ownership. The knowledge about the land laws of Tamil Nadu
helps to understand the local laws of the State. This subject is very much helpful for civil side
practice.
COURSE OUTLINE
Module– I: Tamil Nadu Estate and Lease Holds Laws:
Estate, Inam Estate, Landholder, Principal Landholder, Settlement Officer, Under-tenure

Estate, Zamindari Estate – grant of Ryotwari pattas – protection of certain rights and
enforceability of certain obligation - determination, apportionment and payment of
Compensation – basic annual sum for Zamindari and Inam estates.
Module – II: Ceiling on Land Holdings:
Definitions: family, ceiling area, stridhana land- fixation of ceiling on land holdings – ceiling
on future acquisition and restrictions on certain transfer – constitution and functions of the
land board – permission by government to hold excess land – cultivating tenant’s ceiling area
– exemptions – land tribunal – appeal – revision.
Module– III: Ownership rights on Apartments:

Definitions: Apartment- apartment owner- competent authority – ownership, heritability and
transferability of apartments - deeds of apartment and its registration - society or association
of apartment owners, its bye-laws and functions - common profits, common expenses and
other matters.
Module – IV: Town and Country Planning:

a. Definitions – constitution and incorporation of the Tamil Nadu town and country
planning authorities - constitution and incorporation of the metropolitan Development
authority for the Chennai metropolitan (CMDA) Planning area and special provisions
242
relating thereto - planning areas, planning authorities and plans - acquisition and
disposal of land - special provisions regarding new town development authority.
b. Definitions: proprietor – survey mark – survey of government lands – powers of
survey officer- appeal – revision – survey of estates – duties of village officer.
c. Definitions – issue of Patta Pass Book – making of entries of registration of
alienation or transfer in Patta pass book – prima facie evidence – modification of
entries in patta pass book – appeal – revision.
Module – V: Prohibition of Land Encroachment:
a. Definitions – land encroachment – liability for encroachment – recovery of penalty –

power to make rules – limitation for appeal and revision.
b. Definitions: Ayacut Area, Field Channel, Foreshore Area, Supply Channel, Surplus
Course, Surplus Weir, Tank – power to direct survey of tanks – power of survey
officer -eviction of encroachment – alienation of poramboke lands.
Module– VI: Rural Development:
Tamil Nadu District Municipalities Act, 1920

Town Panchayats- establishment, constitution and Government of district municipalities-
Requisitioning of Property for Election Purposes - Powers of Municipal Authorities In
Respect Of Property, Contracts and Establishment – property tax- building regulations –
building regulations in hill stations – nuisances: control over abandoned lands, untrimmed
hedges, etc – licenses and fees – Rules, by-laws and regulations.
Note: All the legislations includes the time to time amendments and rules
1. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948
2. The Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
3. TN Land Reforms Fixation of Ceiling on Land Act, 1961 [including amendments]
4. The TN Apartment Ownership Act, 1994
5. Tamil Nadu Town and Country Planning Act, 1971
6. Tamil Nadu Survey and boundaries Act, 1923
7. Tamil Nadu Patta Pass Book Act, 1986
8. Tamil Nadu Land Encroachment Act, 1905
9. Tamil Nadu protection of Tanks and Eviction of Encroachments Act, 2007
10. Tamil Nadu District Municipalities Act, 1920
243
Learning Outcome:
1. Students will be able to understand the local laws relating to land

2. They will be able to handle any civil cases relevant to land
3. Will be useful to learn procedure aspect in registration of land, obtaining patta,
chittaetc
244
FORENSIC SCIENCE AND INVESTIGATION
Forensic science is a versatile and enormously powerful tool in the investigation of a
crime. Forensic investigation is vital to the mission of truth seeking, because the forensic
evidence does not lie. Forensic investigation provide an overview of the field of forensic
investigation whilst highlighting the interrelated principles and procedures of criminal
investigation Moreover gathering and examining forensic evidence is the only way to ensure
that false information is exposed, and ultimately kept from the gates of justice. The forensic
evidence, the forensic investigator, and the forensic examinations are all linked in the service
of these objectives. Forensic Science deals with the application of the knowledge and
methodology of various disciplines of science to legal matters. It involves the use of multiple
disciplines such as physics, chemistry, biology, computer science and engineering for
evidence analysis. The role of forensic science in criminal justice and the legal system is
highly commendable.
• To emphasize the methods of securing, searching and documenting crime scenes.

• To emphasize the students the legal importance of chain of custody.
• To emphasize the tools and techniques for analysis of different types of crime scene
evidence.
• To emphasize the importance of forensic investigation in crime detection.
COURSE OUTLINE
Module I: Forensic Science and its Development
a) Crime- Criminal Investigation- forensic science-concepts-Scientific Criminal
Investigation- - Need and Scope of Forensic Science
b) Basic Principles of Forensic Science- Branches of Forensic Science- Forensic Science
in International Perspectives- Constitutional validity of forensic investigation- Quality
of Forensic Science in Criminal Investigation
c) Law of Forensic Science -Validity and Admissibility of Scientific Evidence- Forensic
investigation in Criminal Trials- Problem of Proof.
d) Tools of Forensic Science- Forensic Science Laboratories- Chemical Examiners
Laboratories-Document Examiners- Finger Print Bureau- Department of Explosives-
Serologist to the Government of India- Mobile Laboratories- CID Scientific Sections-
Computer Divisions
e) Medico- Legal Institutes- Consultancies- National Crime Record Bureau- Central
Forensic Science Laboratory- State Forensic Science Laboratories, Police &
Detective Training Schools, Police Academies- Police dogs- Services of Crime
Laboratories.
245
Module II: Crime Scene Examination
a) Crime Investigation- Crime Scene- Its importance in Criminal Investigation-
Collection of Sample or Materials
b) Physical evidence- Classification of physical evidence- Types of physical evidences-
Sources of physical evidence
c) Signification and value of physical evidence- Linkage between Crime Scene, Victim
and Criminal-
d) Evaluation-Investigators Role- Surveillance- Sketching- Photography
e) Crime Detection Devices- Crime Scene Documentation.
Module III: Forensic Analysis of Sample - Techno Analysis of Crimes

a) DNA profiling- Finger prints-Tool Marks- Firearms- -Disputed Document- Narcotics-
Alcohol
b) Explosives- Voice Identification- Forensic Psychology
c) Narco analysis- Evidentiary value of Narco analysis- Brain Mapping- Polygraph
Analysis.
d) Digital and Electronic forensic Investigation-Software Piracy- Spectrographic
Forensic Identification- Artificial Intelligence
e) IRIS and fingerprint biometric authentication - CCTV footage- Forensic Audio and
Video Analysis.
Module IV: Forensic Medico Investigation

a) Identification of Individual- Forensic Psychology- Interrogation
b) Death Investigation- Causes of death- Determination of time since death- Medico-
legal aspects of death
c) Types and classification of injuries.
d) Ante mortem and Post mortem injuries- Aging of injuries- Investigation of sexual
offences –Toxic death
e) Medico-Legal Aspects in the Admissibility of Scientific Evidence
Module V: Expert Testimony

a) Expert- Role and Qualifications of Forensic Scientists- Code of conduct for Forensic
Scientists
b) Ethical issue in Forensic Science- Professional standards for practice of
Criminalities-
c) Sanction against Expert for Unethical Conduct- Value of Forensic Expert
d) Forensic Expert and Ordinary Expert Difference- Admissibility of Expert Opinion
e) Direct Evidence vs Circumstantial Evidence- Limits of Scientific influence.
246
Module VI: Relevancy, Admissibility and Probative Efficacy
a) Principles of Relevancy and Admissibility
b) Standard for Relevancy and Admissibility
c) Reliability and probative efficacy
d) Corroboration in admitting forensic evidence- Judicial Approach
e) Comparative Analysis.
Books:
1. A Textbook of Medical Jurisprudence and Toxicology, Modi 26th Edition 2018, Lexis
Nexis
2. Forensic Science in Criminal Investigation and Trials, B R Sharma 6th Edition 2020,
Lexis Nexis
3. Techniques of Crime Scene Investigation, Barry A. J. Fisher, David R. Fisher, 8th
Edition, The CRC Press, Available on Taylor & Francis eBooks
4. Crime Scene Forensics, A Scientific Method Approach, Robert C Shaler, 1st Edition,
The CRC Press, Available on Taylor & Francis eBooks.
5. Principles and Practice of Criminalistics, The Profession of Forensic Science, Keith
Inman, Norah Rudin, 1st Edition, The CRC Press, Available on Taylor & Francis
eBooks.

1. Lindquist, C. (1991). Forensic Science Education and the Role of the Forensic
Science Educator. Proceedings of the Taipei Symposium on Forensic Sciences (Vol.
Liu and Chen (edn.), pp. 79-85)
2. Lindquist (1994). Criminalistics in the Curriculum: Some Views From the Forensic
Science Community. Journal of Criminal justice Education (Vol. 5, pp. 59-68)
3. Lindquist (1995). Criminalistics Education and the Role of the Criminalistics
Educator. Forensic Science Review (Vol. 7, pp. 61-75)
4. Margot P., (2011). Forensic Science on Trial-What Is the Law of the Land? Australia
J. Forensic sci. (Vol. 43, pp. 89, 92)
5. Tilstone, W. (1991). Education, Training, and Assessment in Forensic Science.
Journal of the Forensic Science Society (Vol.31, pp. 95-100)
Further Readings:
Books:
1. J. M. Butler, Forensic DNA Typing: Biology, Technology, and Genetics of STR
Markers(London: Academic Press, 2005).
2. M. H. Houck and J. A. Siegel, Fundamentals of Forensic Science (Boston: Academic
Press, 2006).
3. Cook, T., Hibbitt, S. & Hill, M. Blackstone’s crime investigators' handbook. (Oxford
University Press, 2016).
4. W. Goodwin, A. Linacre, and S. Hadi, An Introduction to Forensic Genetics
247
(Chichester: Wiley, 2007).
5. Bell, J. Swenson-Wright, and K. Tybjerg (eds.), Evidence (Cambridge: Cambridge
University Press, 2008).
6. R. Williams and P. Johnson, Genetic Policing: The Use of DNA in Criminal
Investigations (Cullompton: Willan, 2008).
7. National Research Council, Strengthening Forensic Science in the United States: A
Path Forward (Washington, DC: National Academies Press, 2009).
8. Criminalistics, Introduction to Forensic Science , Richard Saferstein, Prentice Hall
College Div; 8 Edition
9. Forensic Science Education and Training: A Tool‐kit for Lecturers and Practitioner
Trainers, Editor(s): Anna Williams John P. Cassella Peter D. Maskell, 2017 John
Wiley & Sons, Ltd.
10. Forensic Science: Fundamentals & Investigations Hardcover , Patricia Bertino,
Cengage Learning Custom Publishing; 2nd Edition , 2015
Journal/ Journal Articles:

1. Giannelli, P. (1997). The Abuse of Scientific Evidence in Criminal Cases: The Need
for Independent Crime Laboratories. Virginia Journal of Social Policy and the
Law (vol. 4, pp. 439-478)
2. Grover, N.(2014). Development of Forensic Science and Criminal Prosecution –
India. International Journal of Scientific and Research Publications (Vol. 4, Issue 12).
3. Julian R. and Kelty S. (2012). Forensic Science and Justice: From Crime Scene to
Court and Beyond. Current issues in Criminal Justice (Vol. 24 No. 1, July)
4. Klinker M. (2009). Forensic science expertise for international criminal proceedings:
an old problem, a new context and a pragmatic resolution. The International Journal
of Evidence & Proof (Vol.13, Pg.102-129).
5. Lappas, N. (1978). Forensic Science Laboratories in the United States: A Survey.
Journal of Forensic Science Society (Vol. 18, pp. 171-80)
6. Lambert E., Nerbonne T., Watson P.L., Buss J., Clarke A., Hogan N., Barton S.,
Lambert J. (2003). The forensic science needs of law enforcement applicants and
recruits: a survey of Michigan law enforcement agencies. Journal of Criminal Justice
Education (Vol. 14 No. 1, Spring).
7. Giannelli, P. (1997). The Abuse of Scientific Evidence in Criminal Cases: The Need
for Independent Crime Laboratories. Virginia Journal of Social Policy and the
Law (vol. 4, pp. 439-478)
8. Grover, N.(2014). Development of Forensic Science and Criminal Prosecution –
India. International Journal of Scientific and Research Publications (Vol. 4, Issue 12).
9. Julian R. and Kelty S. (2012). Forensic Science and Justice: From Crime Scene to
Court and Beyond. Current issues in Criminal Justice (Vol. 24 No. 1, July)
10. Klinker M. (2009). Forensic science expertise for international criminal proceedings:
an old problem, a new context and a pragmatic resolution. The International Journal
of Evidence & Proof (Vol.13, Pg.102-129).
248
Cases for Guidance:
1. Sushil Sharma vs. The State (Delhi Administration)1996 CriLJ 3944
2. Marachalil Chandra Tukaram Talekar vs. State of Gujarat, 1980 Cri.L.J.5 (Guj.)
3. The State of U.P. Through the C.B.I. vs. Rajesh Talwar & Another Sessions Trial No.
477 of 2012) (Aarushi Talwar murder case )
4. Manu Sharma vs. State (NCT of Delhi), (2010) 6 SCC 1 (Jessica Lal murder Case)
5. Selvi&Ors vs. State of Karnataka &AnrAIR 2010 SC 1974.
6. Alavandar murder case (https://tvaraj.com/tag/alavandar-murder-case/)
7. Surendra Koli vs State Of U.P. Ors on 15 February, 2011
8. Santokben Sharmanbhai Jadeja vs State Of Gujarat on 13 August, 2007." 13 Aug.
2007, https://indiankanoon.org/doc/1561319/.
9. State by the Inspector of Police vs. Manoharan, 2015 Cri. LJ 1215 : MANU/TN/
0496/2014
10. Enamul Haque vs. State of West Bengal, CRM 17348 of 2010 & AST 1114 of 2010
11. Inspector of Police vs. John David (2011) 5 SCC 509
12. State of NCT Delhi vs. Sujeet Kumar, 2014 SCC Online Del 1952
13. The State of Bombay vs. KathiKaluOghad& Others, AIR 1961 SC 1808, 1962 SCR
(3) 10.
14. Pratim Alias Peter Mukherjea vs Union Of India And Anr on 19 January, 2018 (
Sheena Bora murder case)
15. Sr. Sephy vs Union Of India 1 January, 2009 (Sister Abhaya murder case)
Learning Outcomes:
• Identify and analyse a situation as constituting a crime, incident or transgression in
order to determine the resources that must be activated and the procedures that must
be followed.
• Differentiate the applied forensic methods used to evaluate various types of evidence.
• To disseminate information on the advancements in the field of forensic science.
• Evaluate the limitations of forensic techniques and interpretations. Define and
recognize the techniques of crime scene searches, courtroom demeanor, and criminal
investigation related to child abuse and sexual assault situations.
249
SERVICE LAWS
“Government service is not a contract. It is a status”. Laws related to Public service in India
are governed by the Constitution. One of the basic features of Indian Constitution is the
separation of powers, i.e., the presence of three distinct pillars of state – Legislature,
Executive and Judiciary. The Constitution conceived and provided for Civil Services like the
All India Services and Central Civil Services which form an integral part of the Executive’s
machinery at the central and state level. Labour laws governing civil services are quite
distinct from general labour laws. The service conditions of the government servants are
regulated by the Constitution of India.
1. Trace the historical evolution of laws to govern civil services, both in ancient
kingdoms and in the modern world;
2. Analyse the concept of public service laws as they are enshrined in the Indian
constitution;
3. Introduce the student to fundamental concepts in public service laws; and
4. Examine the laws governing civil services and the impact of factors as diverse as
judicial review and globalisation.
COURSE OUTLINE
MODULE I – HISTORICAL BACKGROUND OF CIVIL SERVICES LAW
(1) Origin and Concept.

a) Meritocracy v. Aristocracy .
b) Religious connotations of Administration.
c) Governance in Ancient India.
d) Concept of Dharma and Duty.
e) Arthashastra – Kautilya’s ‘Amatyas’.
f) Centralised Administration of Mughals.
250
g) Early centuries of Arab rule and Governance.
(2) Evolution of Modern Service Law
a) British Civil Service.

b) Spoils system.
c) Max Weber’s Analysis on Public servants.
d) Organized Sector.
e) Covenanted Civil Service.
f) Regulating Act of 1773 - Pitt’s India Act 1784 - Aitchison Commission - Lee
Commission - Government of India Act 1935.
g) Civil Services in Independent India.
h) Modernising Civil Services in India.
i) A.D. Gorwala Report on Public Administration (1951).
MODULE II – PUBLIC SERVICE AND THE CONSTITUTION
a) Public employment and Constitutional Safeguards.

b) Fundamental Rights of Civil Servants.
c) Service conditions in Constitution.
d) Recruitment to Retirement.
e) Doctrine of Pleasure and Safeguards.
f) All India Service – State Civil Services – Union Public Service Commission – State
Public Service Commission
MODULE III – FUNDAMENTAL ASPECTS OF SERVICE
a) Pleasure Relates to Tenure and Not to Other Conditions of Service – Exceptions.

b) Security of Tenure in Public Interest.
c) Arbitrariness in State Action Violates Equality.
d) Other Fundamental Rights to Service.
e) Extent of Positive Discrimination.
f) Nature of Relationship Between State and its Servants.
MODULE IV – LAWS RELATING TO CIVIL SERVANTS
1. Laws Related to Administrative Services
a) Service Law – Classification, Recruitment and Training in AIS and CCS.
251
b) Division of Cadre and Management.
c) Disciplinary Proceedings.
d) Rules – Agencies – AIS Rules – CCS (CCA) Rules.
e) Lateral Entry Scheme in Civil Services – Advantages and Challenges.
f) Kothari Committee Report on Recruitment and Selection Methods.
2. Laws Related to Judicial Services
a) Officers and Servants of Supreme and High Courts – Subordinate Judiciary –

Collegium – Service conditions in Constitution.
b) Supreme and High Court Rules
c) All India Judicial Services – Avenues and Challenges – Constitutional Implication.
d) Reforms in Judicial Service
MODULE V – JUDICIAL APPROACH TO CIVIL SERVICES AND IMPACT OF

GLOBALIZATION ON BUREAUCRACY
1. Judicial Review in Service Matters
a) Judicial Review.
b) Service Tribunals – Central Administrative Tribunal – State Administrative Tribunal
– Quasi Judicial tribunals.
c) Powers and Functions Appeal Provision.
d) Scope of Writs in Service Matters.
2. Impact of Globalization on Indian Administration
a) Entrepreneurial Government.
b) Changing Role of Bureaucracy.
c) Reinventing the Government.
d) Civil Service Reforms in India.
e) Hota Committee Report on Civil Service Reforms.
f) Good Governance – Public Accountability.
g) Empowering Citizens – Capacity Building Initiatives.
RECOMMENDED READING
1. M.R. Mallick, Service Law in India (Eastern Law House, 2000).

2. N. Narayanan Nair, The Civil Servant under the Law and the Constitution of India,
Academy of Legal Publications (Academy of Legal Publications, 2006)
3. Sunil Chhabra, Administrative Tribunals (Deep and Deep Publications, 1990).
252
4. Kamlesh Goyal, “Indian Administration in the Age of Globalization: An Analysis of
Transformation from Governance to E-Governance”,(IJRECT 2016), available at:
http://ijrect.com/issues/vol3issue4/kamlesh.pdf.
5. Narender Kumar, “Law Relating to Government Servants and Management of
Disciplinary proceedings (Service Law)” (Allahabad Law Agency, 2018)
Journals:
1) Rameshwar Dial, “Civil Servants under the Constitution”, 2 JILI 481-508 (1960).
2) Om Prakash Motiwal, “Right of Equal Opportunity of Civil Servants”, 11 JILI 328-
343 (1969).
3) O.P.Motiwal, “Development of Legal Rights of Civil Servants in India”, 17 JILI 437-
445 (1975).
4) Sindhu Thulaseedharan, “Right to Public Services in India – A New Legal Scenario”,
55 JILI 59-72 (2013).
5) P.Leelakrishnan, “Reviewing Decisions of Administrative Tribunal: Paternalistic
Approach of the Indian Supreme Court and the need for Institutonal reforms”, 54 JILI
1-26 (2012).
FURTHER READING
Reference Books:
1. Brinda and Sanjeev Muthuswamy, Swamy’s Compilation of CCS (CCA) Rules

(Swamy Publishers (P) Ltd., 2016).
2. Brinda and Sanjeev Muthuswamy, Swamy’s Compilation on Central Administrative
Tribunal (Act, Rules and Orders) (Swamy Publishers (P) Ltd., 2016).
3. S.R. Maheshwari, Evolution of Indian Administration (Lakshmi Narain Aggarwal,
Agra 1970).
4. P.N. Mathur, The Civil Service of India (1731-1894) (D.K. Publishers: New Delhi,
1977).
5. B.B Misra, The Bureaucracy in India – An Historical Analysis of Development up to
1947 (Oxford University Press: New Delhi, 1977).
6. B.B. Misra, The Administrative History of India (1834-1947) - General

Administration, (Oxford University Press: New Delhi, 1970).
7. L.S.S. O’Malley, The Indian Civil Service 1601-1930 (Frank Case & Co. Ltd: London
1965).
8. B.N. Puri, Some Aspects of the Evolution of Indian Administration (IIPA: New Delhi,
253
1980).
9. Chandra Singh, The Civil Services in India (1858-1947) – A Historical Study
(Atmaram& Sons Delhi (1989).
Articles:
1) C.Basavaraju, “Reservation under the Constitution of India: Issues and Perspectives”,

51 JILI 267-274 (2009).
2) PP.Rao and Ananth Padmanabhan, “Legislative Circumvention of Judicial
Restrictions on Reservations: Political Implications”, NLSIR 53-68 (2013).
3) P.Kalpakam, “Dispensing with Departmental Enquiry”, 28 JILI 246-248 (1986).
4) A.M.Sarma, “Domestic Enquiry”, 20 JILI 122-132 (1978).
5) V.KrishnaMurty, “Mr.Justice Gajendra Gadkar and the Law of Civil Servants”, 8 JILI
627-636 (1966).
6) S.N.Jain, “Validity of Retrospective Delegated Legislation- the Court develops a new
principle”, 23 JILI 102-104 (1981).
7) K.C.Joshi, “Service Tribunals under Administrative Tribunals Act”, 28 JILI 207-212
(1986).
8) Mohammed Imam, “Power to initiate and conduct disciplinary proceedings: (A
Comment on State of M.P. V. Shardul Singh)”, 12 JILI 170-176 (1970)
Cases for Guidance:
1. Dunn v. R, (1896) 1 QB 116

2. Mahesh v. State of U.P., AIR 1955 SC 70
3. Khem Chand v. Union of India, AIR 1958 SC 300
4. Union of India v. Tulsiram Patel, AIR 1985 SC 1416
5. Parshottam Lal Dhingra v. Union of India, AIR 1958 SC 36
6. State of Gujarat v. Umedhbai M. Patel, AIR 2001 SC 1109
7. Jatinder Kumar v. State of Punjab, (1985) 1 SCC 122
8. Bihar Public Service Commission v. S.J. Thakur, AIR 1994 SC 2466
9. R.T. Rangachari v. Secretary of State, AIR 1937 PC 27
10. L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
11. S.P. Sampath Kumar v. Union of India, 1987 SCR (3) 233
12. P. Balkotiah v. Union of India, AIR 1958 SC 232
13. K. Rajendran v. State of Tamil Nadu, AIR 1982 SC 1107
254
Learning Outcome:
1. Understand the origin and development of services law and appreciate its current
position in the appropriate historical context;
2. Appreciate the Constitutional provision governing services law;
3. Discern and comprehend key concepts in laws governing public services; and
4. Critically examine laws and judicial precedents governing services laws.
255
ALTERNATIVE DISPUTE RESOLUTION POLICY
(CLINICAL COURSE II)
Alternative Dispute Resolution, commonly known as ADR, refers to dispute
resolutionmechanisms outside the realm of traditional judicial processes. The objective of
this paper isto acquaint students with various modes of ADR. ADR mechanism is less bound
by proceduralformalities and speedy in giving results. For this reason, ADR is appreciated
by many countriesaround the world.
1. Give students insightful knowledge about this emerging area.
2. Help the students to understand practically the various methods of resolving disputes
under ADR system, so that they can help their clients and society to select and employ
the most effective and just methods.
3. Theyget the ability to resolve disputes in a timely manner eviscerates public and
private rights obligations.
4. To overcome this drastic situation ADR is highly recommended and accepted.
COURSE OUTLINE
Module I:Alternative Dispute Mechanism
a) Alternative Dispute Resolution – Definition, Scope and Genesis
b) Overview of Alternative Dispute Resolution Process -Arbitration, Mediation,
Conciliation, Lok Adalat and Judicial Settlements
c) Evolution of the concept of ADR with historical prospective -Position of ADR in
Ancient India,Position of ADR in Mughal period,Position of ADR during British
Period, Position after Independence
Module II: Arbitration Agreement and Procedure

a) Agreement based and Court annexed ADR processes - Arbitration and Conciliation
Act 1996and Amendments in 2015 and 2019
b) Arbitrability and Non-Arbitrability of Disputes – Interim Measures by Court and
Arbitral Tribunal
c) Arbitration Agreement/Clause – Arbitration Procedure– Arbitration& Mediation
Process – MED-ARB-MED - Decision/Award/Settlement
Module III: International Commercial Arbitration
a) Geneva Convention on Enforcement of Foreign Arbitral Awards

b) New York Convention on Enforcement of Foreign Arbitral Awar
c) New Delhi International Arbitration Centre Ordinance Role of Courts in Arbitration
256
Module IV:Negotiations and Conciliations
a) Meaning, features, theories and types of Negotiations and Conciliations
b) Appointment, Role and qualities of Negotiator and Conciliator
c) Process of Negotiations and Conciliations.
Module V: Mediation and Procedure

a) Meaning, Definition, theories and techniques of mediation, Court-annexed mediation
b) Mediation process - Skills of a mediator Institutionalized mediation - Specialization
sectors for mediation practice in India and Globally Models
c) Drafting in Mediation – International
d) Mediation and Singapore Convention
Module VI: Contemporary Trends

a) Emerging Trends – Institutional Arbitrations - Online Dispute Resolution
b) Dispute Resolution – Sector Specific ADR
Marks Allocation
Case Study in Arbitration Centre

Marks
(Practical / Simulation Exercise –Three 30
Exercise 10 Marks each)
Test internal Marks 10
Visit to centres of Arbitration 10
Total 50 Marks
Student shall maintain a Record through the semester. The record will be assessed by the
teacher and record shall contain the following drafts:
a) Case Study in Arbitration Centre-Practical/ Simulation Exercise:
• A domestic Arbitration agreement after a commercial dispute has arisen between
the parties.
• An Arbitration clause in an international contract (having one Indian Company as
a party) for referring matter to institutional arbitration of an institution situated
outside India.
• A request by one party to other party requesting that their commercial dispute be
referred toArbitration.
• A letter requesting an arbitrator to act as Arbitrator in a case after dispute
havearisen. Assume that the contract has an arbitrator clause with reference to
oneArbitrator.
• Anapplicationtotheappropriatecourttoappointanarbitratorwhenpartieshavefailed in
their attempt to appoint one according to the arbitrationagreement.
257
• Anapplicationtothecourtseekinginteriminjunctionorappointmentofreceiverbefore
the arbitral proceedings havebegun.
• An interpretation among rules of various other regional or International
Arbitration centres can be given.
• An application to the court for setting aside anaward
b) Case study Practical/ Simulation Exercise:
• Drafting the Statement of Problems

• A request by one party to other party requesting that their commercial dispute be
referred to Arbitrators
• Identification of both the party’s problems
• Bargaining, and finally settlement
• An application to the court for setting aside the settlement
• An application to the appropriate court to appoint Arbitrator when parties have failed
in their attempt to appoint one according to the agreement.
• An application to the court seeking interim injunction or appointment of receiver
before the Arbitration have begun
• An interpretation among rules of various Institutional Arbitrations at theregional or
International Arbitration centres.
• An application for enforcement of a settlement or arbitration awards
c) Visit to centers of Arbitration: Students shall visit, Arbitration office as observers,
Follow the cases, study the Arbitration proceedings and submit a report of the visit to the
teacher/faculty.
Books:
1. Madhusudan Saharay, Text Book on Arbitration & Conciliation with Alternative
2. Dispute Resolution, 4th ed., Universal Law Publishing 2017.
3. N. V. Paranjpe, Law Relating to Arbitration and Conciliation in India, 7th ed.,
CentralLaw Agency, 2016.
4. Avtar Singh, Law of Arbitration and Conciliation, 10th ed., Lucknow 2013
5. Malika Taly, Introduction to Arbitration, Eastern book Company, 2015
Further Reading:
1. Vishnu Warrier, Arbitration, Conciliation and Mediation, Lexis Nexis, 2015
2. K.V. Satyanarayana, Law of Arbitration and Conciliation in India, Asia Law
House,2017
3. Anirban Chakraborty, Law and Practice of Alternative Disputes Resolution in
India,Lexis Nexis, 2016
4. Ashwinie Kumar Bansal, Abritration and ADR, 5th ed, Universal law
Publication2016
5. ShriramPanchu, Mediation Practice and Law- the Path to successful
DisputeResolution 2nd ed, Lexis Nexis 2015
6. Anuroom Omkar and Kritika Krishnamurthy, the Art of Negotiations and
Mediation,Lexis Nexis 2015.
258
Learning Out Come:
After completion of the course students will be able to –Appreciation of the social
relevance of ADR Mechanism
1. Understanding of the theoretical models of dispute resolution and capacity toanalyse
their operation in both legal and social context
2. Development of basic mediation skills, including communication, analysis andissue
identification
3. Sophisticated understanding of the ethical and legal ethical issues surroundingdispute
resolution models and practice
4. Prepare and present an engaging informative presentation on a chosen area ofADR
that expands upon the core themes of the course.
259
FIFTH YEAR
IX-SEMESTER
CIVIL PROCEDURE CODE AND LIMITATION ACT
The course intends to study a crucial and uniform procedure in civil cases which was enacted
in 1908 along with its amendments which is fair and simple applicable to all the courts in the
country. The Code of Civil Procedure 1908 guarantees fair justice by upholding the rights
and liabilities of the parties. It makes the procedure to be followed in the Civil Courts very
basic and compelling. It is one of the vital parts of procedural laws and it is the one
regulating the method to be trailed by the Civil Courts in India. The course also highlights on
the electronic method of filing the civil suits including the e-vakalatnama. The Limitation Act
1963 is an additional enactment and address a very key aspect of civil law.It is pivotal to a
student of law to have an exhaustive knowledge of the code of civil procedure and the
limitation law
The objective of the study of this subject is to provide the Students
i. An overall view of the Civil Procedure Code 1908 along with its amendments which is
fair, simple and applicable to all the courts in the country.
ii. To equip the students with various stages through which a civil cases passes in the court
till its final order.
iii. To emphasizes on the electronic method of filing the civil suits including the e-
vakalatnama.
iv. To comprehend the difficult nuances that revolves around civil suits in our country.
v. To understand the computation of limitation period for the Institution of suit, appeal and
applications along with Exclusion.
COURSE OUTLINE
MODULE – I: Introduction to Civil Procedure Code
a) Genesis of civil procedure in India before the advent of British rule
b) Features of the Civil Procedure Code-Extent, its application, Definitions
c) Types of procedures-Inquisitorial and Adversarial, Difference between Substantive law and

Procedural law
d) Importance of Amendments in The Code of Civil Procedure
260
MODULE –II: Jurisdiction of The Courts
a) Meaning of Jurisdiction, Kinds of Jurisdiction-Pecuniary, Territorial, Jurisdiction as to

subject matter, original and appellate jurisdiction
b) Jurisdiction of the civil courts over commercial disputes with special reference to The
Commercial Courts Act 2015
c) Jurisdiction of the civil courts over IPR infringement and passing off action(Trademark,
Copyright, Patent etc)
d) Suits of civil nature- Place of suing, Res SubJudice, Res Judicata, Applicability of the
ResJudicata on Right to information- Difference between Res Judicata and estoppel, Foreign
Judgment, Finality of Foreign Judgment-Presumption as to Foreign Judgment.
MODULE –III: Pleadings and Summons
a) Meaning of pleadings generally, Plaint-Material Facts
b) Traditional and the latest electronic trends involved in the filing of civil suits, summons and
e-vakalatnama
c) Presumptions of law, Striking out, Amendment of Pleadings, Rejection of plaint, Written

statement, Showing of defendant’s interest and liability, Grounds of limitation
d) Set off-Counter claim - Misjoinder and Non-joinder of Parties.
MODULE –IV: Appearance and Examination of Parties
a) Appearance of parties to the proceedings and consequences of their non appearance
b) Discovery, Inspection and production of documents, Framing of issues, Admission,

Affidavit, Adjournment
c) Death, marriage and Insolvency of the parties
d)Withdrawal and compromise of suits, cost and interest.
261
MODULE –V: Orders, Judgment, Decrees, Execution and Appeals
a) Meaning of interim order, Appointment of Receiver, Commissioner, Injunction, Remand,

Restitution, Transfer of suit, Caveat-Arrest before judgment, Attachment before judgment
b) The concept of Judgment and Decree, Difference between order and decree
c) The Concept of Execution, General principles of Execution, Questions to be determined by

the executing court, Precept, Garnishee order, Procedure for Execution, Enforcement and
Sale.
d) Appeals from original decrees, First appeal, Second appeal, Appeals from orders, Appeals
to Supreme court, Reference, Review, Revision and Inherent powers of court.
MODULE –VI : Suits in particular cases
a) Suit by or against Government
b) Suits by Alien, Suits by or against Foreign rulers, Ambassadors
c) Suits relating to public matters, Incident and supplementary procedures
d) Suits by (or) against minors, persons with unsound mind, indigent person, Interpleader
Suits
MODULE–VII: Overview of The Limitation Law
a) Scope, purpose and object of the Limitation Act
b) Powers of the courts to condone delay, sufficient cause, legal disability, subsequent
disability
c) Computation of period of limitation, Fraud or mistake in computation of limitation,

Appeals
d) Meaning of Acknowledgement-Acknowledgment of liability in writing, Acknowledgment

by part payment, Acknowledgment or payment made by another person, Acquisition of
ownership by possession.
262
1. M.P.Jain, The Code of Civil Procedure, Lexis Nexis India (5th Edition 2019)
2. Dr.Avtar Singh, The Code of Civil Procedure, Central Law Publications (5th Edition
2019)
3. Narayan Laxmanrao, Commentary on Code of Civil Procedure 1908,Asia Law House (2nd
Edition 2019)
4. Basu’s Law on Limitation Act 1963, Delhi Law House(10TH Edition2020)
5. T R Desai, The Limitation Act, Lexis Nexis (12th Edition,2019)
Further Readings:
1) DinshawFardauzi Mulla, Mulla’s Code of Civil Procedure(3 Vols) Lexis Nexis (19th
Edition)
2) Sudipto Sarkar & V.R. Manohar, Sarkar’s Code of Civil Procedure (2 Vols), Lexis Nexis
(12th Edition 2017)
3) C.K. Takwani, Code of Civil Procedure, Eastern Book Company (8th Edition 2019)
4) M.R. Malik, Ganguly’s Civil Court Practice and Procedure, Eastern Law House (2012).
5) Universal’s Concise Commentary The Limitation Act, 1963 (36 of 1963) With
Exhaustive case Law (3rd Edition 2018)
JOURNALS FOR SCHOLARLY ARTICLES:

1. Supreme Court Cases Civil
2. The MLJ Manual of the Civil Procedure Code
3. Madras Weekly Notes (Civil)
4. Current Civil Cases
5. Indian Civil Cases
E-JOURNALS WITH RESEARCH ARTICLES AND WEBSITE SOURCES
1. Doctrine of Res Sub-Judice-http://lawtimesjournal.in/doctrine-of-res-sub-judice/

2. Res Judicata And Right to Information-
https://cic.gov.in/sites/default/files/Res%20Judicata%20and%20RTI%20by%20Avni%20
Tiwari.pdf
3. India: Changing face of serving Summons: From Post to What’s App-
https://www.lexology.com/library/detail.aspx?g=f9a5830e-239b-4f84-89f6-
8addd782f069
263
4. WORKSHOP FOR HIGH COURT JUSTICES ON INTELLECTUAL PROPERTY
RIGHTS AT THE NATIONAL JUDICIAL ACADEMY 2 nd& 3rd November, 2019
Jurisdictional Issues in Trademark, Copyright & Patent Disputes-
http://www.nja.nic.in/Concluded_Programmes/2019-20/P-1186_PPTs/6.Session-
III%20IPR.pdf
5. Commission of examination of witnesses-http://lawtimesjournal.in/commission-of-
examination-of-witnesses/
6. Enforcement of Foreign Judgments And Decrees In India,Jonathan Jose and Shruti
Mania-https://www.mondaq.com/india/Litigation-Mediation-
Arbitration/434962/Enforcement-Of-Foreign-Judgments-And-Decrees-In-India
7. Suits by indigent persons & Interpleader suits-http://lawtimesjournal.in/suits-by-indigent-
persons-interpleader-suits/
8. Critical analysis of Provision for 'Cost' under civil procedure code, 1908,Saurabh
KumarNational Law Institute
Universityhttps://www.researchgate.net/publication/332342958_Critical_analysis_of_Pro
vision_for_'Cost'_under_civil_procedure_code_1908
9. Process of Trial of Civil Cases/Suits In India,Vijay Pal Dalmia
https://www.mondaq.com/india/Litigation-Mediation-Arbitration/654652/Process-Of-
Trial-Of-Civil-CasesSuits-In-India
10. Suits With Basic Relief Of Challenging Decree Passed By DRT Not Maintainable:
Supreme Court- https://www.livelaw.in/top-stories/suits-challenging-decree-passed-by-
drt-not-maintainable-153292
Cases for Guidance:

1. A.N. Kumar vs ArulmighuArunachaleswara Devasthanam Thiruvannamalai and Ors
And A.N. Kumar vs ArulmighuArunachaleswara Devasthanam Thiruvannamalai
2011 -2- L.W. 1 12
2. Amar Kumar Jha vs. CPIO, RTI Cell and Ors, CIC/IARMY/A/2017/189009/SD
3. Anser Bi vs Sherfunissa Begum Sahiba Mosque Wakf, rep. by its Secretary Fasiuddin
and Ors (2011) 3 MLJ 44 14
4. C.S. Mani (deceased) by LR C.S. Dhanapalan Vs B. Chinnasamy Naidu (deceased)
by LRs. (2011) 3 MLJ 506 (SC)
5. Essar Constructions Vs N. P. Rama Krishna Reddy [(2000) 6 SCC 94)
264
6. Anuradha Bhasin vs Union Of India Writ Petition (Civil) No. 1031 Of 2019
7. Board of Revenue Vs M/S Raj Brothers Agencies etc.,1973 (3) SCR 492
8. Deb Ratan Biswas and Ors vs Most. And Moyi Devi &Ors 2011 (4) SCALE 656
9. Gayathri Womens Welfare Association vs Gowramma&Anr 2011 2 – L.W. 481
10. Balkrishna Chatrabhuj Thacker v. Devabai, AIR 1985 Guj. 133.
11. Gurmukh Singh vs Jaswant Kaur 2011 (4) SCALE 221
12. BALCO Employees Union v. Union of India AIR 2002 SC 350
13. Chitivalase Jute Mills v. Jaypee Rewa Cement AIR 2004 SC 1687
14. Chandrabhai K. Bhoir v. Krishna A. Bhoir, AIR 2009 SC 1674. 13
15. GC Care Centre and Hospital v. OP Care Pvt. Ltd. AIR 2004 SC 2339
Learning Outcomes
After learning the subject, the students shall be able
1. To achieve a complete grasp and understanding of the general principles of Civil

Procedure and gain a mastery over the subject.
2. To accumulate a thorough explanation on all the essential aspects of civil procedure
and practice, right from the inception of a civil suit until its finality, with reference to
limitation laws.
3. To gain knowledge on the latest trends involved in the electronic filing of civil suits
including e-vakalatnama.
4. To understand about the latest amendments incorporated along with its effects.
5. To train themselves as future advocates in civil side practice.
265
THE BHARATIYA NAGARIK SURAKSHA SANHITA (LAW OF CRIMES -II)

The criminal procedural code, 1973 a significant piece of legislation in India as it lays down the
procedural laws that govern criminal proceedings in the country. It serves as the backbone of the
criminal justice system in India and ensures that the legal process is fair, transparent, and consistent
Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the three criminal law bills introduced by
the Union Government to replace the Criminal Procedure Code, 1973 (CrPC). BNSS was passed in
Lok Sabha on 20th December 2023 and in Rajya Sabha on 21st December 2023. On 25th December
2023, the President gave her assent to the three new criminal code bills. The BNSS aims to establish
a justice system that has a greater contribution to tackle the ongoing challenges of complex
procedures, case pendency, low conviction rates, lack of technology adoption, and delayed justice
delivery. The sanhita has uphelded the same procedural and protective mechanisms entrusted in The
criminal procedural code, 1973 in the rights of the accused, including the right to a fair trial and
the presumption of innocence until proven guilty. It also lays down the procedures for the conduct of
investigations, arrests, bail, and sentencing, the protection of witnesses during trials and lays down
the procedures for the recording of their statements. It also allows for victims to participate in the
proceedings and to seek compensation for the harm they have suffered. Above all, the greatest
objective of the BNSS is the suraksha (protection) of citizens from the unfair exploitation of the
procedure possible through the existing loopholes in the current criminal procedure regime.
• To provide an understanding of the basic principles and concepts of criminal procedure as laid
down in The Bharatiya Nagarik Suraksha Sanhita, 2023
• To familiarize students with the various stages of criminal proceedings, starting from the filing
of a complaint to the disposal of the case by the trial court.
• To enable students to analyze and interpret provisions of The Bharatiya Nagarik Suraksha
Sanhita, 2023 including the principles of natural justice, fair trial, and the rights of the
accused.
• To equip students with the skills required to draft, file and defend criminal complaints,
petitions, and applications under The Bharatiya Nagarik Suraksha Sanhita, 2023
COURSE OUTLINE
Module I : General Principles
a. Fundamental principles of criminal procedure

b. Comparison of CrPC, 1973 and BNSS
c. Contributions of Law Commission of India in Criminal Law Development
d. Types of courts (court of session, Judicial Magistrates of first class, Judicial Magistrates of
Second Class and Executive Magistrate)
e. Appointment of judges
f. Presumption of innocence
g. Right to a fair trial
h. Burden of proof
Module II: Arrest, Bail, and Remand

a. Summoning (including electronic communication) and Procedures for arrest of suspects
(submission -handcuffing)
b. Circumstances under which an arrest can be made
c. Rights of the accused during arrest
d. Examination and Identification of person arrested
266
d. Provisions for bail and remand
e. Factors that court must consider when granting or denying bail
f. Procedures for applying for bail
g. Types of bail (regular, anticipatory, interim)
h. Conditions that may be imposed on bail
i. Consequences of violation of bail conditions
j. Procedures for remanding the accused in custody
k. Types of remand (judicial, police, and administrative)
Module III: Investigation
a. Procedures for investigation of crimes (traditional and electronic mode)

Information or Complaint and Registration of F.I.R.
b. Powers of the police during investigation
c. Procedures for collection of evidence-forensic Expert
d. Provisions for search and seizure.
e. Circumstances under which a search can be conducted
f. Types of objects that can be seized
Module IV: Charge

a. Procedures for framing charges against the accused
b. Types of charges
c. Requirements for a valid charge
d. Procedures for amendment of charges
e. Procedures for discharge of the accused
Module V: Trial
a. Procedures for conduct of criminal trials
b. Types of evidence that can be presented
c. Procedures for examination and cross-examination of witnesses
d. Procedures for recording of evidence
e. Role of judge and jury in the trial
f. Witness protection scheme
g. Types of judgments that can be pronounced
Module VI: Judgment and Appeal

a. Procedures for pronouncement of judgments
b. Types of judgments
c. Procedures for award of punishment.
d. Provisions for appeal
e. Types of appeals
f. Procedures for filing and hearing appeals
g. Provision for revision of orders and judgments
Module VII: Execution, Suspension, and Review

a. Procedures for execution of sentences
b. Types of punishments.
c. Procedures for remission and commutation of sentences
d. Provisions for suspension of sentences
e. Procedures for review of judgments
f. Provision for transfer of cases
g. Provision for reference and revision by High Court.
267
Recommended Reading:
Books:
1. Taxmann's Handbook on New Criminal Laws – Detailed, in-depth analysis on BNSS,

including comprehensive guides, comparative studies, subject index,2023, Taxmann
Publications Private Limited.
2. Adv. Saurabh Kansal, Prof. (Dr) Vageshwari Deswal, and Dr. Shruti Goyal., Bharatiya
Nagarik Suraksha Sanhita 2023 | Law & Practice, The Cornerstone Publication, Taxmann’s
Law and Practice Series ,2024
3. Namit Saxena,Concise commentary on The Bharathiya Nagarik Suraksha Sanhita, 2023,
Lexis Nexis Publication, 2023.
4. Dr. B. Ramaswamy, Professional's New Criminal Laws/ Criminal Manual Containing
Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS), Professional Book Publishers; First
Edition (8 January 2024)
5. Ratanlal and Dhirajlal. The Code of Criminal Procedure. LexisNexis, 2021.
6. K.N. Chandrasekharan Pillai. The Code of Criminal Procedure. Eastern Book Company,
2021.
7. C.K. Thakker and M.C. Thakker. Code of Criminal Procedure, 1973. Bharat Law House,
2021.262
8. M.P. Jain. Code of Criminal Procedure. Wadhwa Nagpur, 2020.
9. P.S.A. Pillai. Criminal Procedure. LexisNexis, 2021.
10. Journals/ Articles
11. S. Chandra. “Bail under Indian Criminal Procedure Code.” Indian Bar Review, vol. 48, no. 1,
2021, pp. 101-120.
12. P. Singh. “Legal Representation under the Indian Criminal Procedure Code.” Indian Journal
of Law and Technology, vol. 17, no. 2, 2020, pp. 121-144.
13. Khanna. “The Right to Silence under the Indian Criminal Procedure Code.” The Indian
Journal of Criminology and Criminalistics, vol. 40, no. 2, 2021, pp. 59-74.
E. Rana. “Trial by Media and the Indian Criminal Procedure Code.” Journal of Indian Law
and Society, vol. 11, no. 2, 2020, pp. 67-86.
14. M.K. Garg. “Police Powers under the Indian Criminal Procedure Code.” Indian Journal of
Criminal Law and Justice, vol. 9, no. 1, 2021, pp. 32-48.
15. Pandey, P.K., Zero First Information Report: Indian Laws and Practices (March 1, 2020).
Published in Studies in Indian Place Names (UGC Care Journal) ISSN: 2394-3114 Vol-40-
Issue-60-March -2020
Further Reading
Books
1. Kelkar. Lectures on Criminal Procedure. Eastern Book Company, 2020.
2. S.N. Mishra. Code of Criminal Procedure, 1973. Central Law Agency, 2021.
3. A.N. Saha. Code of Criminal Procedure with State Amendments. Universal Law Publishing,
2021.
4. R.V. Kelkar. The Law of Criminal Procedure. Eastern Book Company, 2020.
5. R.V. Kelkar. The Code of Criminal Procedure. LexisNexis, 2021.
6. M.K. Garg. Code of Criminal Procedure with Amendments. Central Law Publications, 2021.
7. K.N. Chandrasekharan Pillai. Criminal Procedure Code. Eastern Book Company, 2021.
8. Kelkar. Code of Criminal Procedure. Eastern Book Company, 2021.
9. M.P. Jain. Indian Criminal Law and Procedure. Wadhwa Nagpur, 2020.
10. A.S. Qureshi. Commentary on the Code of Criminal Procedure. Universal Law Publishing,
2021.
Journals/ Articles
268
1. S. Jha. “Plea Bargaining under the Indian Criminal Procedure Code.” Indian Journal of
Criminal Law and Justice, vol. 9, no. 2, 2021, pp. 101-115.
2. P. Sharma. “Investigation under the Indian Criminal Procedure Code.” Indian Journal of Law
and Technology, vol. 16, no. 1, 2020, pp. 74-93.
3. K. Thakur. “Search and Seizure under the Indian Criminal Procedure Code.” Indian Bar
Review, vol. 47, no. 2, 2020, pp. 92-106.
4. R. N. P. Singh, "Presumption of Innocence: A Fundamental Concept in Criminal Law,"
(2015) 1 International Journal of Law and Legal Jurisprudence Studies 20.
5. David Alan Sklansky, "The Fourth Amendment and Common Law," (2015) 129 Harvard
Law Review 2009.
6. Stephen J. Schulhofer, "Fourth Amendment Pragmatism," (2013) 51 American Criminal Law
Review 377.
7. Sandra G. Mayson, "The Cost of Conviction: The Effect of Criminal Process on the Brain,"
(2017) 70 Vanderbilt Law Review 1239
8. Wesley M. Oliver, "The Criminal Procedure Implications of Johnson v. United States,"
(2017) 8 Harvard Law & Policy Review 227.
9. Kevin Jon Heller, "The Collateral Consequences of Acquittal," (2016) 117 Columbia Law
Review 691.
10. Nancy J. King and Susan R. Klein, "The Decline of the Exclusionary Rule and the Fourth
Amendment," (2018) 48 Seton Hall Law Review 1255.
Cases for Guidance
1. State of Maharashtra v. Dawood Ibrahim Kaskar, 2013 CriLJ 1857 (SC)
2. Zahira Habibullah Sheikh and Another v. State of Gujarat and Others, (2004) 4 SCC 158
3. State of Punjab v. Joginder Singh, (1999) 4 SCC 260
4. Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81
5. ADM Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521
6. State of Rajasthan v. Balchand, (1977) 4 SCC 308
7. D.K. Basu v. State of West Bengal, (1997) 1 SCC 416
8. Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556
9. State of Haryana v. Bhajan Lal, (1992) Supp (1) SCC 335
10. Nilabati Behera v. State of Orissa, (1993) 2 SCC 746
11. Maneka Gandhi v. Union of India, (1978) 1 SCC 248
12. Kartar Singh v. State of Punjab, (1994) 3 SCC 569
13. State of Gujarat v. Kishanbhai, (2014) 5 SCC 108
14. P.N. Eswara Iyer v. Registrar, Supreme Court of India, (1980) 4 SCC 680
15. Zahira Habibullah Sheikh v. State of Gujarat, (2006) 3 SCC 374
16. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1
17. People's Union for Civil Liberties v. Union of India, (2004) 2 SCC 476
18. State of Maharashtra v. Abdul Sattar, (1985) 1 SCC 479
19. Zahira Habibullah Sheikh and Another v. State of Gujarat, (2004) 4 SCC 158
20. Selvi & Ors. v. State of Karnataka, (2010) 7 SCC 263
Learning outcomes
1. Develop a comprehensive understanding of the legal procedures and requirements that must
be followed during the investigation, trial, and judgment of criminal cases.
2. Help learners understand the extent and limitations of these rights of the accused at every
stage of the criminal proceedings.
3. Develop the ability to critically analyze and interpret legal judgments and assess their impact
on the criminal justice system.
4. Provides a framework for the application of legal principles in criminal cases.
5. Students can develop the ability to apply legal principles and rules in practical scenarios and
make informed decision.
269
MARITIME LAW
Maritime law course intends to educate law students in National and International Maritime Law which
allows them to critically evaluate the laws and legal systems pertaining to water bodies and ports of India
from a juristic perspective. It also creates a perfect opportunity to get expertise in areas rising out of
international disputes under Maritime law. The subject is highly relevant and need of this hour in India,
where India is rapidly integrating its economy with more than 90% of the country’s trade being conducted
through oceans and also the sea provides passageway to 45,000 merchant ships worldwide and over 90
percent of global trade.The curriculum includes a few compulsory subjects dealing in Indian Law, subjects
covering Maritime Law, Admiralty jurisdiction, Maritime Zones, Shipping Contracts, Ship Mortgages,
Ownership and managements of Ships, Port Management and Safety and security at Sea.
COURSE OUTLINE
Module –I : Evolution, Nature, scope and sources
a) History of admiralty law in England, other parts of the world
b) Nature of Admiralty Law– Sources of maritime law and admiralty law
c) Relationship between Admiralty Law, Maritime Law and the Law of Sea
d) History of admiralty jurisdiction of High Courts of India
e) The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
Module – II : Admiralty Jurisdiction and the Mode of exercise
a) Admiralty and maritime jurisdiction (scope and extent) – Enforcement of maritime claims by
actions in rem and inpersonam
b) Definition of ship and its juridical personality
c) Arrest of sea going ships -- Immunity of Government ships
d) Maritime liens and priorities – Mareva Injunction
e) Jurisdiction in matters of collision – Flag State – Extra territorial jurisdiction.
Module – III : Law of Sea
a) Changing concept of maritime frontiers-- International waters -- Territorial Waters --

Contiguous Zone – EEZ -- Continental shelf -- International straits – archipelagos --
International fisheries
b) High seas – Piracy and hot pursuit
c) Conservation and exploitation of maritime sources -- Sea as a common heritage of mankind
d) Protection of Marine Environment
e) Role of International Maritime Organisation
270
Module – IV : Registration and Management of ships
a) Ship as property
b) Ownership and registration of ships
c) Concept of ‘Genuine Link- Open Registries (flag of convenience)
d) Ship mortgages
e) Ship’s sale and purchase
Module –V : Maritime Safety and Security
a) ISM Code and issues of safety
b) International Convention for the Safety of Life at Sea, 1974
c) Maritime security and ISPS
d) Liability and Jurisdiction in Collision cases
e) Hijacking, Smuggling and Trafficking.
Module –VI : Law on Seafarers
a) Nature and Scope of Maritime Labour Law.
b) Definition and Classification of Labourers under the purview of the terms ‘seamen’ and
‘seafarer’.
c) UNCLOS on seafarers.
d) Introduction to Maritime Labour Convention, 2006.
e) Human rights of seafarers – UDHR, ICCPR, ICESCR.
Module – VII : Port Operations and Management
a) Major Ports in India
b) Structure of Ports
c) Laws and Policies relating to Port Management
d) Ports and Coastal Management
e) Project UNNATI – Indian Ports Association – Indian Private Ports and Terminals
Association
271
Statutes Prescribed:
1. The Admiralty (Jurisdiction and Settlement of Admiralty Claims) Act, 2017.
2. The Merchant Shipping (Form of Certificate of Insurance for Civil Liability for Oil Pollution
Damage) Rules, 1985.
3. Carriage of Goods by sea Act, 1925.
4. Bill of Lading Act 1856.
5. Merchant Shipping Act, 1958.
6. Marine Insurance Act, 1963.
International Conventions:
1. SOLAS Convention, 1974.
2. UNCLOS 19824.
3. MARPOL.
4. SUA Convention,1988.
5. Convention on Standards of Training, Certification and Watchkeeping for Seafarers,1978.
Books:
1. Samareshwar Mahanty, Maritime Jurisdiction and Admiralty Law in India, Universal

Publishing (2009).
2. Nagendra Singh, ‘International Conventions of Merchant Shipping’, Stevens Publications,

(1973).
3. Kenneth C. McGuffic (ed), ‘The Law of Collisions at sea’, Stevens & sons, (1961).
4. Robert Force, Admiralty and Maritime Law, Federal Judicial Centre, 2004.
5. Graham, Caroline, Maritime Security and Seafarer’s Welfare: Towards Harmonization,

WMU Journal of Maritime Affairs, Vol. 8 (2009).
Articles:
1. Law of the Sea Forum: The 1994 Agreement on Implementation of the Seabed Provisions
of the Convention on the Law of the Sea, Bernard H. Oxman, Lowis B. Sohn, Jonathan P.
Charney, the American Journal of International Law (1994) Vol. 88.
2. Lionel H. Laing, ‘Historic Origins of Admiralty Jurisdiction in England’, 45 Mich. L.Rev.

163 (1946).
3. George K. Walker, ‘The Interface of Admiralty Law and Oceans Law’, 45 J. Mar. L. &
Com. 281 (2014).
272
4. David M. Dzidzornu, Four Principles in Marine Environment Protection: A Comparative
Analysis, Ocean Development & International Law, 2009
5. Edgar Gold, The Fair Treatment of Seafarer, WMU Journal of Maritime Affairs, Vol.4,
No.2, 2005.
6. Felicity Attard, IMO’s Contribution to International Law Regulating Maritime Security,

Journal of Maritime Law & Commerce, 2014.
Further Readings:
Books:
1. Thomas J. Schoenbaum, Admiralty and Maritime Law, 2016 Pocket Part, West Academic
Publishing, 2016
2. Couper, A.D. with Walsh, C. J. Stanberry, B.A. and Boerne, G.L., Voyages of Abuse:
Seafarers, human rights and International shipping, Pluto Press, London, Sterling, Virginia, 1999.
3. Simon Baughen, Shipping Law, Routledge Taylor & Francis Group, London, New York,
Sixth Edition, 2015.
4. Dr.ShrikantHathi and Ms.BinitaHathi, Ship Arrest In India and Admiralty Laws Of india,
Brus Chambers Advocates and Solicitors, Twelfth Edition, 2019.
5. Paul Todd, Maritime Fraud and Piracy, Informa, Second Edition
Articles:
1. The impact of the United Nations Convention on the Law of the Sea on the Progressive
Development of International Law – RudigerWolfrum IJIL (1999) Vol. 39
2. M. Margaret McKeown, ‘Celebrating Women on the High Seas – in Admiralty Law and
Otherwise’, 45 J. Mar. L. & Com. 119 (2014)
3. Rick L. Rambo, ‘Admiralty Law’, 30 Tex. Tech L. Rev. 363 (1999).
4. Couper, A.D. with Walsh, C. J. Stanberry, B.A. and Boerne, G.L., Voyages of Abuse:
Seafarers, human rights and International shipping, Pluto Press, London.
5. John M. Krizt, Ship Mortgages, Maritime Liens, And their Enforcement: The Brussels
Conventions of 1926 and 1952, 1958.
6. Edwin Fursdon (1996), “Sea Piracy - or Maritime Mugging?” INTERSEC, Vol.6 No.5
May 1996, p.166.
273
Learning Outcomes:
1. Appraise the International and Indian Admiralty and Maritime laws.
2. Articulate and analyze the roles of national governments and international organizations in
the regulation of laws of sea.
3. Gain insights on practice in maritime and admiralty law in India.
4. Know how the admiralty system works in India with reference to ship management, safety
and merchant shipping
5. Appraise the protection of maritime labourers.
274
PRIVATE INTERNATIONAL LAW(CONFLICT OF LAWS)
Private International Law (or) Conflict of Laws comes into play whenever a court or
tribunal is faced with a case that contains a “foreign” element and adjudicates the following
queries: (i) which court will have jurisdiction to decide the case? (ii) Which law will apply?
(iii) How far it recognizes and enforces foreign judgments? (iv) At what extent, a company
structures its cross border transactions? (v) With the strong social / cultural dimension, to
what extent the States can regulate matters beyond their own borders? The subject gives
students the opportunity to grapple with contemporary legal debates and issues in conflict of
laws.
COURSE OUTLINE
Module – I: Genesis of Private International Law
(a) Introduction – Nature and Scope – Relationship between International Commercial

Law, Public International Law and Private International Law – Foreign Element –
Operating areas – Extra Territorial Jurisdiction
(b) Theories of Private International Law – Codification of Private International Law –
Hague Conventions – UNCITRAL – International Institute for the Unification of
Private Law (UNIDROIT)
(c) Indian Scenario: Unitary and Federal features – Heterogeneous Society and Personal
Laws – Conflicts in Personal Laws – Application of Customs and Usages –
Expanding horizons of Private International Law.
Module – II: Choice of Law and its Jurisdiction, Characterisation and Renvoi
(a) Choice of Law: Traditional and Modern Approaches – Substantial and Procedural
aspects – Parties autonomy and their limitations
(b) Jurisdiction of the Courts – Inherent Powers of the Court – Brussels Convention,
Lugano Convention - Characterisation: Clearly inappropriate test, clearly appropriate
test and traditional test
(c) Doctrine of Renvoi and its kinds – Limitations.
Module – III: Conflict of Laws relating to Persons:
(a) Residence: Domicile and its Nature and Status – lexdomicilii, lexfori, lex patriae –
Concept of Domicile in India – Kinds of Domicile: Origin, Choice and Dependence
(b) Citizenship –Vs– Nationality –Vs– Habitual Residence
(c) Corporate Personality – Nature and its conflicting rules
275
Module – IV: Conflict of Laws relating to Family:
(a) Personal laws - Marriage – Formalities - Validity of Marriage – lex loci celebrationis
and lexregitactum – Polygamous marriages – Matrimonial Home
(b) Conflict in Matrimonial regime: Divorces, Separations and Annulments –
Matrimonial Causes and Alimony – Custody of Children – Child care, Child
abduction and Child Adoption – Succession – Overview of “The Foreign Marriage
Act, 1969”
(c) Public Policy and Contemporary issues related to Surrogacy, NRI and LGBT.
Module – V: Conflict of Laws related to Contracts and Torts (Action in Personam)
(a) Proper Law of Contract – Capacity to Contract – lexdomicilii, lex loci contractus,
lexfori – Rome Convention – Domestic and International Prorogation – Party
Reference and Incorporation – Application of Proper Law – Choice of Law, Party
Autonomy, Public Policy – E-Contracts.
(b) Law of Tort – Traditional and Modern Approach – Rome Convention – lexfori, lex
loci delicti commissi
(c) Proper law of tort and social environment – Tortious liability with respect to Drugs,
Environment, Transport and Satellite Communication – Exceptions and Limitation.
Module – VI: Conflict of Laws related to Property
(a) Lex situs principle and Property – Classification of Property – Movable and
Immovable
(b) Choice of law and Indian scenario – lexfori and lexsolutionis – Government Seizure
of Property
(c) Transfer of Tangible and Intangible Property – Wills and Intestacy –– Administration
of Estates and Trusts – Insolvency and Restitution – Right of Succession.
Module – VII: Conflict of laws related to Procedure and Evidence
(a) Proof of Foreign Law – Substance and Procedure – Parties and service of process –
Evidence – remedy
(b) Sovereign and Diplomatic Immunity: Foreign State and Foreign Diplomat –
Recognition and Enforcement of Foreign Judgements, Decrees, Arbitral Awards and
its reciprocity
(c) Conflicting rules related to Cyber Space and Intellectual Property Rights: Issues and
remedies – Indian Scenario.
Books
1. Cheshire and North, “Private International Law”, 2017, 15th Edition, Oxford
2. Clarkson and Hill’s “Conflict of Laws”, 2016, Oxford.
3. Dicey, Morris & Collins, “The Conflict of Laws”, 2107, 15th Edition, Sweet and
Maxwell.
4. F.E. Noronha, “Private International Law in India”, 2015, Universal Law Publishing.
5. Paras Diwan, “Private International Law”, 4th Edition, 1998, Deep & Deep
Publishing.
276
FURTHER READINGS:
1. G.P. Tripathi, “Conflict of Laws”, 2015, 1st Edition, Allahabad Law Agency.
2. V.C. Govindaraj, The Conflict of Laws in India: Inter-Territorial and Inter-Personal
Conflict”, 2011, Oxford.
3. Mukarrum Ahmed, “The Nature and Enforcement of Choice of Court Agreements”,
2017, Hart Publishing.
4. Alex Mills, “Party Autonomy in Private International Law”, 2018, Cambridge.
5. Peter Hay, “Advanced Introduction to Private International Law and Procedure”,
2018, Edward Elgar Publishing.
6. Adrian Briggs, “Agreements on Jurisdiction and Choice of Law”, 2008, Oxford.
7. Maria Kaurakova, “Private International Law of Corporations”, 2017, Spiramus Press.
E-JOURNALS with ARTICLES and WEBSITE sources
1. Hessel E. Yntema, “The Objectives of Private International Law”@ 35

Can.B.Rev.721(1957)
2. Joseph M. Cormack, “Renvoi, Characterisation, Localisation and Preliminary Questions
in the Conflict of Laws: A Study of Problems involved in determining whether or not the
Forum should follow its own Choice of a Conflict of Law Principle”, 14 Southern
California Law Review, 1940, pp.221-275 @
http://scholarship.law.wm.edu/facpubs/1490
3. Ralf Michaels & Joost Pauwelyn, “Conflict of Norms or Conflict of Laws?: Different
Techniques in the Fragmentation of Public International Law”, 22 Duke Journal of
Comparative and International Law 349 (2011-2012).
4. John Robb, “Personhood and Status of Legal Persons in Private International Law”,
Journal of Private International Law, 2019, Volume 15, Issue 2, Taylor and Francis
Group @ https://doi.org/10.1080/17441048.2019.1645974.
5. Matthias Lehmann, “Regulation, Global Governance and Private International Law:
Squaring the Triangle”, Journal of Private International Law, 2020 Volume 16, Issue 1, @
https://doi.org/10.1080/17441048.2020.1744255.
6. Sharon Shakargy, “Choice of Law for Surrogacy Agreements: In the in-between of Status
and Contract”, Journal of Private International Law, 2020, Volume 16, Issue 1, @
https://doi.org/10.1080/17441048.2020.1741121.
7. Jack Goldsmith, “Sovereign Difference and Sovereign Deference on the Internet”, The
Yale Law Journal, 2019, Volume 128 @ https://www.yalelawjournal.org/forum.
8. William S. Dodge, “Extraterritoriality and Conflict of Laws Theory: An Argument for
Judicial Unilateralism, Harvard International Law Journal, 1998, Volume 39, p.101 @
https://heinonline.org/HOL/LandingPage?handle=hein.journals/hilj39&div=7&id=&page
=
9. Friedrich K. Juenger, “Conflict of Laws: A Critique of Interest Analysis”, American
Journal of Comparative Law, 1984, Volume 32, No.1, pp.50, Oxford University Press
10. Donald Earl Childress III, “Comity as Conflict: Resituating International Comity as
Conflict of Laws” @ 44 U.C. Davis Law Review 11 (2010-2011)
277
Learning Outcomes:
After completing these modules successfully, the students are able –
1. To demonstrate the conceptual necessity, contextual inevitability and the legal

adaptability of trans-national transactions.
2. To critically appraise the compelling influence of different personal factors over beyond
the boundaries transactions.
3. To know the worn-out deliberation on the most crucial aspect affecting the frontier
activities.
4. To discuss the desirability and effectiveness of sovereign immunity and impact of
foreign judgments.
5. To analyse and comprehend the complex issues arising out of trans-national matrimonial
relationships; horizons of contract, tort, and property beyond domestic frontiers.
6. To demonstrate knowledge of a substantial range of major concepts, values, principles
and rules of conflict of laws and explain the relationship between them in specified
areas.
7. To discover the substantive and procedural aspects of litigation at the global levels.
*****
278
LAW OF ELECTION
This course has been designed so as to provide with understanding of practices relating to
election and electoral procedure prevailing in India, which is considered as mother of democracy. It
also enables the student to understand the constitutional basis, the constitutional differences and
practices in the process of electing important heads and institutions of constitutional wings such as
the head of the executive and the head of the legislature. In addition to this, this paper will throw
light to what extent the constitution has empowered their respective citizen as truly sovereign of the
country. After undergoing the study, the student will be able to understand the following
1. Election law and the diversity of electoral institutions and arrangements.
2. Procedural aspects of holding elections under various Constitutions.
3. Effectiveness of Election law as the means to articulate, deliver and regulate the democratic
rights.
4. Role of Judiciary in adjudication of Election Disputes.
Module I : Introduction to Election Laws

a. Different forms of government - Democracy- its philosophy, evolution and historical
necessities.
b. Impact of political situation and spread of democracy.
c. General principles of elections.- History and evolution of electoral systems.
d. Presidential and parliamentary forms of government.
e. Types of Elections- Direct and Indirect - Various elections and Ballots - Secret and open
ballot systems.
Module II : Constitutional Basis and Prospects
a. Indian Constitution and Elections - Election Commission of India and Commissioners.
b. Election of President and Vice President -Presidential and Vice-Presidential Election Act,
1952.
c. Reservation in Elections - Reservation for social empowerment - issues and prospects.
d. State Election Commissions and State election Commissioner
e. Conduct of Municipal, Cooperative and other Elections
Module III : Delimitation and Election Machinery

a. Delimitation and census -Gerrymandering in the Indian context and for Reforms needed in
delimitation.
b. Census and emerging issues - Electoral roll Preparation, revisions, and corrections of
electoral rolls.
c. Role of election Commission in Delimitation and in the preparation of electoral rolls.
d. Designation and formation of election machinery – Process of Selecting Officials.
Module IV : Political Parties and Funding

a. Recognition of Political Parties in the Constitution -Statutory Provisions for Political Parties.
b. Registration and Recognition of state and national Political Parties
c. Funding Elections - Entitlement to receive Contributions - Corporate funding of political
parties - Role of Black Money - Electoral Bonds and their legitimacy.
279
d. Submission of accounts and auditing process - lack of transparency in the public domain -
History of Symbols - Allotment of symbols
e. Hate Speech – Art 19 (1) (a)
Module V : Qualification of Candidates and Conduct of Elections

a. Qualifications and disqualifications of candidates - Constitutional provisions and Statutory
provisions.
b. Right to Vote and Right to Contest
c. Notification of Elections - Nominations, scrutiny and withdrawal of nominations - Election
agents and their role - Postal Ballot - Voting rights for NRIs - Home polling - EVMs.
d. Criminalisation of Politics - Impersonation and defamation – Prevention of Corruption
e. Election Petitions – Tenth Schedule
Module VI : Emerging Issues in Electoral Rights

a. Gender issues in Elections - Electoral participation as a Human right.
b. International instruments related to Equal Participation - Best Practices for inclusiveness.
c. Conduct of elections - Implementation of SVEEP
d. Election Manifestoes - Issue of Freebies - Guidelines and the role Judiciary.
e. Corrupt Practices and Electoral Offences –Lokpal and Lokayukta
Module VII : Global Electoral Practices and Emerging Issues
a. Civil Society Organisations and Electoral practices - Media and elections (Polls/ paid news/
fake news etc.
b. Digital ecosystem and manipulation of elections –Role of Political Consultancies – Case
Study of IPAC.
c. Elections in UK, France, US – Elections to EU Forums
d. Comparative Elections Laws – Elections for Constitutional Process- Functioning of electoral
systems in other countries and use of referendums (Africa and Australia)
Texts for reference

1. The Constitution of India, 1950
2. The Presidential and Vice-Presidential Elections Act, 1952
3. The Representation of the People Act, 1950
4. The Representation of the People Act, 1951
5. The Delimitation Act, 2002
6. Conduct of Election Rules, 1961
7. Election Symbols (Reservation and allotment) Order, 1968
8. Model code of conduct from the notifications from the official website of ECI
9. The Election Commission (Conditions of Service of Election Commissioners and
Transaction of Business) Act, 1991
10. The Indian Penal Code, 1860
11. The Parliament (Prevention of Disqualification) Act, 1959
Reports
1. The Goswami Committee Report on Electoral Reforms, 1990
2. The Vohra Committee Report on Criminalisation of Politics, 1993
3. 170th Report of the Law Commission on Electoral Laws, 1999
280
Books for reference
1. V.S. Rama Devi and S.K. Mendiratta, How India Votes – Election Laws, Practice and
Procedure (4thed., 2017).
2. Kiran Gupta and P.C. Jain, Chawla’s Elections - Law & Practice (9th ed., 2009)
3. The Verdict- Co-authored by Mr. Prannoy Roy
4. March to democracy—Compilation By Shri.S.Y.Qureshi
5. How to win Elections in India- Shiv Shankar
6. P .Rathinswamy laws od elections lexis nexis
7. India TherdhalVaralaaru in Tamil by Mr. MuthuKumar
8. How India Votes , Pradeep Gupta, Juggernaut books, 2021
Case laws:
1. N.P. Ponnuswamiv. The Returning Officer, Namakkal Constituency, AIR 1952 SC 64 1
2. Mohinder Singh Gill v. Chief Election Commissioner, New Delhi, AIR 1978 SC 851
3. Election Commission of India through Secretary v. Ashok Kumar, AIR 2000 SC 2979
4. Manohar Joshi v. Nitin BhauraoPatil,AIR 1996 SC 796
5. Ramesh yeshwantPrabhoo V PrabakarKashinathKunte
6.S.R.Bommai V Union of India
7. JyothiBasu V DeboGhosal
8. Meghraj Kothari V Election Commisssion of Inida
9. Indian National congress V Institute of Social Welfare AIR 2002 SC 2158
10.Kuldip Nayar V union of India
11. Jaya Bachchan V Union of India
12. B.R.Kapur V state of tamil Nadu
13. KihotoHollohon V Zahillu AIR 1993 SC 412
14. Ravi.S.Naik V Union of India AIR 1994 SC 1558
15. G.Viswanathan V Hon’ble Speaker Tamil Nadu State Assembly
16. Balachandra L. JArkiholiv V Yediyurappa (2011) 7 SCC 1
17. ShrimanthBalsahebPatil V Hon’ble Speaker, Karnataka Legislative Assembly
18. Union of India v. Association for Democratic Reforms,(2002) 5 SCC 294
19. People’s Union for Civil Liberties( PUCL) v. Union of India, AIR 2003 SC 2363 322
20. Resurgence India v. Election Commission of India, 2013 (11) SCALE 348 342
21. LokPrahariv. Union of India, (2018) 4 SCC 69
281
VICTIMOLOGY
Studying victimology is of significant importance because it sheds light on the experiences, needs,
and rights of crime victims. Through the study of victimology, one can gain a better understanding of
the impact that crime has on individuals and society as a whole. It provides insights into the
physical, emotional, and psychological effects that crime victims may suffer, and the ways in which
society can respond to those effects. Victimology also plays an essential role in shaping criminal
justice policy, by highlighting the need for victim-centered approaches that prioritize the safety and
well-being of victims. Furthermore, the study of victimology can contribute to the development of
effective prevention strategies, by identifying risk factors that make individuals more vulnerable to
victimization. It can also inform the creation of support services for victims, by identifying their
needs and the barriers they face in accessing services. Additionally, victimology promotes the
concept of restorative justice, which focuses on repairing harm and addressing the needs of victims,
offenders, and the community as a whole. Overall, studying victimology is crucial in creating a more
just and equitable society, one that prioritizes the rights and well-being of all its members, including
those who have been victimized by crime.
• Students will develop an understanding of the physical, emotional, and psychological effects
of victimization on individuals and their families.
• Students will gain an understanding of the various theories and research methodologies used
in victimology.
• Students will become familiar with the different types of victim services available to victims
of crime, including crisis intervention, counseling, and legal assistance.
• Students will develop an understanding of the legal rights of victims, including the right to be
heard in court, the right to compensation, and the right to privacy.
• Students will learn about the principles and practices of restorative justice, including the
importance of repairing harm and addressing the needs of victims, offenders, and the
community as a whole.
COURSE OUTLINE
Module I: Introduction to Victimology
a. Definition of victimology
b. Historical evolution of victimology as a discipline
c. Importance of victimology in criminal justice system
Module II: Theories of Victimology

a. Victim precipitation theory
b. Lifestyle theory
c. Routine activities theory
d. Critical victimology
e. Feminist victimology
Module III: Types of Victims

a. Primary, secondary, and tertiary victims
b. Victim typologies: physical, emotional, financial, social, and sexual victims
282
c. Special categories of victims: children, elderly, disabled, and LGBTQ+
Module IV: Victim Services and Support

a. Victim services in the criminal justice system
b. Crisis intervention and trauma care for victims
c. Legal aid and compensation for victims
d. Victim advocacy groups and community support
Module V: Victim-Offender Mediation and Restorative Justice

a. Concept and principles of restorative justice
b. Victim-offender mediation and dialogue
c. Restorative justice programs in criminal justice systems
d. Criticisms and challenges of restorative justice
Module VI: Victim Rights and Empowerment

a. International and national laws protecting victim rights
b. Rights of victims in criminal proceedings
c. Empowerment of victims through participation and representation
d. Restitution and restoration of victim dignity and well-being
Module VII: Comparative Victimology

a. Comparison of victimology in different countries
b. Cultural and social factors influencing victimization
c. International policies and approaches to victimization
d. Case studies of victimization in different countries
Module VIII: Emerging Issues in Victimology

a. Cyber victimization and cybercrime
b. Human trafficking and modern slavery
c. Terrorism and its impact on victims
d. Intersectionality and victimization
e. Future directions in victimology research and practice
Recommended Reading
Books
1. Karmen, A. (2018). Crime victims: An introduction to victimology. Cengage Learning.
2. van Dijk, J. J. M., van Kesteren, J. N., & Smit, P. (2010). Criminal victimization in
international perspective, key findings from the 2004-2005 ICVS and EU ICS. Boom Legal
Publishers.
3. Walklate, S. (2017). Understanding criminal victimization: An introduction to victimology.
Routledge.
4. Daly, K. (2011). Restorative justice: The real story. Routledge.
5. Hoyle, C., & Young, R. (Eds.). (2002). New visions of crime victims. Hart Publishing.
Journals/ Articles
1. Fattah, E. A., & Sacco, V. F. (1989). For victims of crime: Rights, remedies, and referrals.
Carswell.
2. Gavrielides, T. (2014). Victimology: A brief history and future issues. Victims & Offenders,
9(1), 1-15.
283
3. Goodey, J. (2005). Victims and victimology: Research, policy and practice. Pearson
Education.
4. Groth, A. N., & Burgess, A. W. (1979). Male rape: Offenders and victims. American Journal
of Psychiatry, 136(7), 828-832.
5. Hudson, B. (1993). Justice through conciliation: The victim-offender mediation movement.
Carolina Academic Press.
Further Reading
Books
1. Herman, J. L. (2015). Trauma and recovery: The aftermath of violence—from domestic
abuse to political terror. Hachette UK.
2. Koss, M. P., & Harvey, M. R. (Eds.). (2014). The sexual assault of women: Clinical, legal
and psychological issues. Routledge.
3. Goodey, J. (2012). Victims and victimology: Research, policy and practice. Pearson Higher
Ed.
4. Miers, D. (2001). Victims, crime and society. Sage Publications Ltd.
5. Elias, R. (2019). The politics of victimhood: Human rights, identity and justice. Oxford
University Press.
6. Daly, K. (2017). Critical criminology and the victimisation of women: A feminist
perspective. Routledge.
7. Davies, P., & Francis, P. (2017). Victims, crime and justice. Routledge.
8. Shapland, J. (2016). Justice, victims and retribution. Routledge.
9. Hoyle, C., & Sanders, A. (2014). Criminal justice and political cultures: National and
international dimensions of crime control. Oxford University Press.
10. Mawby, R. C. (2012). Policing across the world: Issues for the twenty-first century.
Routledge.
Journals/ Articles
1. Karmen, A. (2016). Crime victims: An introduction to victimology. Cengage Learning.
2. Koss, M. P. (1993). Detecting the scope of rape: A review of prevalence research methods.
Journal of Interpersonal Violence, 8(2), 198-222.
3. Miers, D. (1989). Victims: A sociology of victims and victimization. Taylor & Francis.
4. Miller, T. (1973). The victimization of women: A critique of the sociology of rape.
Victimology, 7(1-4), 66-75.
5. Roberts, A. R. (Ed.). (1990). Helping crime victims: Research, policy and practice. Sage
Publications.
6. Schafer, S. (2014). The development of victimology as a field of study. Victims & Offenders,
9(1), 16-29.
7. Spalek, B., & Davies, P. (2010). Understanding terrorism: Challenges, perspectives, and
issues. Prentice Hall.
8. van Dijk, J. J., van Kesteren, J. N., & Smit, P. (2008). Criminal victimization in international
perspective: Key findings from the 2004-2005 ICVS and EU ICS. Boom Legal Publishers.
9. Walklate, S. (2017). Understanding victimology: An active learning approach. Routledge.
10. Tyrone Kirchengast (2005), International Review of Victimology,Victimology and human
rights: An examination of the scope and nature of victimology as a human rights concern.
Cases for Guidance
284
1. R v. Mills, [1999] 3 SCR 668
2. Payne v. Tennessee, 501 U.S. 808 (1991)
3. R v. Darrach, [2000] 2 SCR 443
4. R v. O’Connor, [1995] 4 SCR 411
5. State of Maharashtra v. Madhukar N. Mardikar, AIR 1991 SC 207
6. R v. Magoon, [1997] 2 SCR 985
7. State of Punjab v. Gurmit Singh, AIR 1996 SC 1393
8. R v. Gagnon, [2006] 1 SCR 621
9. State of U.P. v. Ram Swarup, AIR 1974 SC 1576
10. R v. Fice, [2005] 3 SCR 539
11. State of Rajasthan v. Jaggu, AIR 1997 SC 2028
12. R v. Truscott, [2007] 2 SCR 392
13. John Doe v. Metropolitan Toronto (Municipality) Commissioners of Police, [1990] 2 SCR
129
14. R v. Lavallee, [1990] 1 SCR 852
15. R v. St. Cloud, [2015] 2 SCR 328
16. Osolin v. Denmark, App No 11/1993/404/484 (European Court of Human Rights, 24
September 1996)
17. R v. Mills, [1999] 3 SCR 668
18. Ilechukwu v. Canada (Minister of Citizenship and Immigration), 2003 SCC 25
19. King v. Warhaft, [1966] SCR 339
20. R v. Ruzic, [2001] 1 SCR 687
Learning Outcomes
• Knowledge of the arrest, bail and remand procedures under the Criminal Procedure Code.
• Understanding of the investigation procedures and the powers of the police in collecting
evidence.
• Familiarity with the procedures for framing charges and conducting criminal trials.
• Understanding of the procedures for pronouncing judgments and the types of punishments
that can be awarded.
• Knowledge of the procedures for executing sentences and the provisions for the suspension
and review of judgments.
285
INTERNATIONAL COMMERCIAL ARBITRATION

Objectives of the course:
Arbitration is a suitable instrument to settle and solve international commercial disputes that
arrive at a final and binding award. It is a universally admitted dispute resolution mechanism
which furnishes an enforceable award. The objective of the course is to cater a fundamental
outlook on the vital themes of international commercial arbitration. The course places utmost
significance on arbitration of international commercial disputes. The course shall provide the
students with a pragmatic vision of strategic obstacles arising out of the international
arbitration proceedings.
After undergoing the study of this paper the student should be able to understand the
following;
1. Able to understand the basic aspects of International Commercial Arbitration.
2. Understand the concept of agreements related to International Commercial
Arbitration.
3. Gain an understanding of international commercial arbitration in the Indian context
including international commercial arbitration held both in India and outside India;
4. Analyse the various issues related to enforcement of foreign arbitral awards.
5. Pros and cons of arbitration as a tool for resolving cross-border commercial
disputes.
COURSE OUTLINE
Module I:Introduction to International Commercial Arbitration
a) Concept and Nature - Sovereign States, Claims Commissions, and Tribunals.

b) Hybrid nature of Arbitral Process - Dispute Resolution in International Trade –
Regulation of International Arbitration
c) Regulation of International Arbitration – Kinds of Arbitration – Review.
Module II : Arbitration agreement & Validity of Arbitration Agreement

a) Overview - the validity of an Arbitration Agreement –
b) Parties to an Arbitration Agreement - Analysis of an Arbitration Agreement -
Submission Agreement – Arbitrability.
c) Confidentiality – Confidentiality - Defective Arbitration Clauses - Multi-Party
Arbitrations – Review.
286
Module III : Arbitrators and Applicable Laws
a) Meaning - Appointment of Arbitrators - Qualities Required in International Arbitrators -

Impartiality and Independence of Arbitrators - Challenge and Replacement of
Arbitrators.
b) Powers of Arbitrators - Duties of Arbitrators – Jurisdiction – Review ‘
c) Law Governing the Agreement to Arbitrate - Law Governing the Arbitration - Law
Applicable to the Substance - Conflict Rules and the Search for the Applicable Law –
Other Applicable Rules and Guidelines – Challenges.
Module IV: Nature andCategories of Arbitration
a) Overview - InvestmentArbitration – Construction – Maritime – Sports – IPR –

Ad hoc Arbitration.
b) Institutional Arbitration - Organisation of the Arbitral Tribunal - Fees and
Expenses of the Arbitral Tribunal - Procedure & Evidence - Preliminary Steps -
Written Submissions - Evidence Gathering - Hearings - Proceedings after the
Hearing - Other Matters.
Module V: Arbitral Award
a) Overview - Categories of Awards – Remedies- Validity of Awards - Effect of Awards—

Res Judicata- Decesion Making –
b) Classification of Award – Review of Award – Challenge - Methods of Challenge –
Grounds of Challenge - Time Limits and Effects of Challenge.
c) Recognition and Enforcement - Enforcement under the New York Convention -
Enforcement under the Washington Convention - Enforcement under Regional
Conventions - Defence of State Immunity - Practical Considerations.
Module VI: Soft Laws on Arbitration
a) General Overview
b) IBA Guidelines on Conflicts of Interest in International arbitration – IBA
Guidelines on Party Representation in International Arbitration - IBA Rules on the
Taking of Evidence in International Arbitration .
c) IBA Guidelines for Drafting International Arbitration Clauses
287
Books:
1. A.K Bansal, Law of International Commercial Arbitration, Universal Law

Publishing, 2003.
2. Margaret L. Moses, The Principles and Practice of International Commercial Arbitration,
2nd Edition, Cambridge University Press, 2012.
3. Gary B. Born, International Arbitration: Cases and Materials, 2nd Edition, Kluwer Law
4. Gary B. Born, International Commercial Arbitration, 2nd Edition, Kluwer Law
5. Emmanuel Gaillard, John Savage (eds.), Fouchard Gaillard Goldman on International
Commercial Arbitration, Kluwer Law International, 1999
Journal Articles:
1. The Lex Mercatoria in International Commercial Arbitration, Ole Lando, The
International and Comparative Law Quarterly Vol. 34, No. 4 (Oct., 1985), pp. 747-
768 Published by: Cambridge University Press on behalf of the British Institute of
International and Comparative Law https://www.jstor.org/stable/759197
2. Christopher R Darhozal, Commercial Norms, Commercial Codes, and International

Commercial Arbitration 33 Vand. J. Transnat'l L. 79 (2000)
3. Park, W. (1983). The Lex Loci Arbitri and International Commercial Arbitration.
International and Comparative Law Quarterly, 32(1), 21-52.
doi:10.1093/iclqaj/32.1.21
4. Paulsson, J. (1983). Delocalisation of International Commercial Arbitration: When

and why it Matters. International and Comparative Law Quarterly, 32(1), 53-61.
doi:10.1093/iclqaj/32.1.53
5. Catherine A Rogers 54 U. Kan. L. Rev. 1301 (2005-2006) Transparency in

International Commercial Arbitration
288
Further Readings:
Books:
1. International Commercial Arbitration, Gary B.Born, Wolters Kluwer 2nd edition.

1,2,3 volumes
2. International Commercial Arbitration - A Trans National Perspective, Tibor Varada;

John J. Hareelo; Arthur T Von, Thomson west 3rd edition
3. Handbook on International Commmercial Arbitration, Peter Ashford, juries net LIC,

2nd edition
4. International Commercial Arbitration and Arbitrators’ contract - Emilia Onyema,

Routledge Publishers
5. International Commercial Arbitration in Asia - Thomas B Ginsburg, Juries Net LLC

2nd edition
6. Law and practice of International Commercial Arbitration by Alan Redfern, Sweet &
Maxwell
7. International Commercial Arbitration: Commentary and Materials by Gary Born

MartinusNijhoff; 2nd edition (February 1, 2001)
8. Combining Mediation and Arbitration in International Commercial Dispute

Resolution by DilyaraNigmatullina, Routledge
9. The Principles and Practice of International Commercial Arbitration by Margaret L.

Moses, Cambridge University Press
10. Arbitration of Commercial Disputes: International and English Law and Practice by
Karen Tweeddale, Andrew Tweeddale, Cambridge University Press
Journals:
1. Paolo Contini 8 Am. J. Comp. L. 283 (1959) International Commercial Arbitration:

The United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards
2. Philip J McConnaughay 93 Nw. U. L. Rev. 453 (1998-1999) Risks and Virtues of

Lawlessness: A Second Look at International Commercial Arbitration
289
3. Hans Smit 25 Colum. J. Transnat'l L. 9 (1986-1987) The Future of International
Commercial Arbitration: A Single Transnational Institution
4. W. Michael Tupman Challenge and Disqualification of Arbitrators in International

Commercial Arbitration The International and Comparative Law Quarterly Vol. 38,
No. 1 (Jan., 1989), pp. 26-52 Published by: Cambridge University Press on behalf of
the British Institute of International and Comparative
Law https://www.jstor.org/stable/760425
5. Filip De Ly 12 Nw. J. Int'l L. & Bus. 48 (1991-1992) The Place of Arbitration in the
Conflict of Laws of International Commercial Arbitration: An Exercise in
Arbitration Planning
6. JasnaArsic 14 J. Int'l Arb. 209 (1997) International Commercial Arbitration on the

Internet - Has the Future Come Too Early
7. Peter D Ehrenhaft 9 Law &Pol'y Int'l Bus. 1191 (1977) Effective International
Commercial Arbitration
8. Jamess M. Hosking 4 Pepp. Disp. Resol. L.J. 469 (2003-2004) The Third-Party Non-
Signatory's Ability to Compel International Commercial Arbitration: Doing Justice
without Destroying Consent
9. S.I. Strong Research in International Commercial Arbitration: Special Skills, Special

Sources the American Review of International Arbitration, Vol. 20, p. 119, 2009
University of Missouri School of Law Legal Studies Research Paper No. 2010-15
10. 25 Colum. J. Transnat'l L. 717 (1986-1987) The Enforcement of Arbitral Awards

under UNCITRAL's Model Law on International Commercial Arbitration
Cases for Guidance:
1. Henry Boot Construction Ltd. v. Malmaison Hotel, [1999] 70 Con LR 32
2. General Manager, Northern Railways v. Sarvesh Chopra, AIR 2002 SC 1272

(Supreme Court of India (SC))
3. Asian Techs Ltd. v. Union of India, (2009) 10 SCC 354 (SC)
4. ObrasconHuarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014]

EWHC 1028 (TCC)
290
5. Esso and others v. Plowman (1995) 128 A.L.R. 391
6. Barminco Indian Underground ... vs Hindustan Zinc Limited on 20 July, 2020 HIGH
COURT OF JUDICATURE FOR RAJASTHAN
7. Trammo Dmcc (Formerly Known As ... vs Nagarjuna Fertilizers And ... on 9

October, 2017, HC BoMbay
8. International Tank & Pipe SAK v Kuwait Aviation Fuelling Co KSC (1975)
9. Jivraj v Hashwani [2010] EWCA Civ 712.
10. MxrskOlie, Algeriet A/S v. People's Democratic Republic of Algeria, ICSID Case
No. ARB/09/14 (registered July 20, 2009).
11. Standard Chartered Bank (Hong Kong) Ltd. v. Tanzania Elec. Supply Co. Ltd.,
ICSID Case No. ARB/ 10/20 (registered on Oct. 1, 2010).
12. Millicom Int'l Operations B.V. v. Republic of Senegal, ICSID Case No. ARB/08/20,
Award (Nov. 27, 2012).
13. Patrick Mitchell v. Democratic Republic of the Congo, ICSID Case No. ARB/99/7,
Award (Feb. 9,2004)
14. Russell Res. Int'l Ltd. v. Democratic Republic of the Congo, ICSID Case No.
ARB/04/11 (discontinued on Feb. 10, 2009).
15. Cruz City 1 Mauritius Holdings v. Unitech Limited2017 SCC OnLine Del 7810
Learning outcomes:
At the end of the course the students will be able to -
1. Acquire knowledge on arbitration as a dispute settlement mechanism in international

commercial disputes.
2. Analyse the forms and important aspects of International Commercial Arbitration.
3. Assess the cooperation between Arbitration and National Judicial Systems.
4. Compare and understand the relationship between UNCITRAL Model Law and
International Commercial Arbitration.
291
INTELLECTUAL PROPERTY LITIGATIONS
This course is intended to teach the application of law in terms of court’s principles and
procedures exclusively for deciding intellectual property cases. Most significantly, in
deciding Intellectual property cases both Supreme Court and High Courts in India are
apparently following foreign judgements in many occasions. Intellectual property laws confer
monopoly to the owners of intellectual property so the enforcement of intellectual property
rights is getting more crucial.
The main objective of the course is-

a. to impart practical perspective of IPR enforcement mechanism by discussing various
tests, rules and procedures laid down by the courts in case of infringement of IPRs.
b. to teach international and cross border litigations of intellectual property rights.
COURSE OUTLINE
Module I : Litigation Relating to Copy rights and Industrial Designs
a) Copy right infringement- Acts constituting infringement- Direct infringement and

indirect infringement (Vicarious liability and Contributory liability)
b) Jurisdiction of the court -idea/expression dichotomy-abstraction test-Lay observer test
-Infringement of Neighbouring rights –Infringement of Moral rights –Online
Copyright Piracy-Peer to peer technology-liability of internet service provider
c) Exception to Copyrighted work-Exhaustion of Copyrighted work -fair use/fair
dealing-Test of transformation-Reverse engineering of Computer programme -
Doctrine of staple articles-Doctrine of Copyright Misuse-
d) Remedies-Criminal liability under anti circumvention law;
e) Piracy of Design –Fraudulent or obvious imitation of design- Jurisdiction of the court
– Remedies.
Module II : Litigation Relating to Patent and Trade Secret
a) Acts amount to infringement of patent-Jurisdiction of the Court –Claim interpretation

or Construction(intrinsic and extrinsic aids)-Literal infringement-Doctrine of
Equivalents/Doctrine of Pith and Marrow-Exception to DOE-All element rule,
doctrine of public dedication, existence of prior art-prosecution history estoppel
b) limitation and exception-doctrine of first sale-parallel import-Bollar exception- Patent
Misuse-Remedies;
c) Infringement of trade secrets- breach of trust- Springboard doctrine.
292
Module III : Litigation Relating to Trade Marks and Geographical Indications
a) Infringement of trademarks –jurisdiction of the court-Deceptive similarity-likelihood

of confusion-Polaroid Factors-Concept of Dilution-Passing off and Reverse passing
off Action
b) Fair use of trademark-Comparative Advertisement-Counterfeit trademark-exhaustion
of right in trademark-Remedies-functions of IPAB.
c) Infringement of registered Geographical Indications- Special provision relating to
Trademark and Prior user-Jurisdiction of the Court– Remedies.
Module IV: Enforcement of IPR under TRIPS Agreement
a) Prior to TRIPS Agreement –Berne Convention and Paris Convention- reference to

International Court of justice
b) TRIPS Provisions Articles 41 to 61 – Minimum standard protection – civil, Criminal
& Administrative Remedies
c) Dispute settlement mechanism –XXII and XXIII of GATT 1994-Violation, Non-
Violation and Situation Complaints- Dispute Settlement Understanding (DSU) –
Retaliation and cross-retaliation.
Module V: Cross–Border IPR Litigations
1 Private International Law and Intellectual property law –Hague Convention on

Choice of Court and Choice of law- Recognition and enforcement of foreign
judgment-issues relating to administrative or judicial cooperation in collecting
evidence- Brussels Convention – Cross border litigation under European Union
Frameworks.
Books:
1. Arnaud Nuyts –International Litigation in Intellectual Property and Information
Technology,(1st Ed.,) Wolters Kluwer, New York, 2008
2. Cornish and Llewelyn- Intellectual Property, 6th Ed. Sweet &Maxwell, 2007
3. V.K. Ahuja, Law Relating to Intellectual Property Rights ( Lexis Nexis) 2015
4. Elizabeth Verkey, Intellectual Property law and Practice ,Eastern Book Company, 2015
5. Taraporevala V J, Law of Intellectual Property,(2nd Edition) Thomason Reuters, 2013.
6. James J. Fawcett and Paul Torremans: Intellectual Property and Private International
Law,2012, (oxford)
293
Journal/Articles:
1. Mark A Lemley & R. Anthony Reese, Reducing Digital Copyright Infringement Without
Restricting Innovation 56 Stan L. Rev 1345 (2004)
2. Ruth Okediji, Towards an International Fair Use Doctrine 39 Colum J. Transnat’l L. 75
(2000)
3. Andrew S. Brown, Amgen v. HMR: A Case for Deference in Claim Construction (2007)
20 Harv. JL Tech 479
4. Raj S Dave , A Mathematical Approach to Claim Elements and the Doctrine Of
Equivalents (2003) 16 Harv. J L Tech 508.
5. Hazel Carty, Dilution and Passing Off: Cause for Concern (1996) 112 LQR 632
Further Readings:
Books:
1. Graeme Austin: Private International Law and IPR Common Law : An Over View
(2001),https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_pil_01/wipo_pil_01_5.pdf
2. Copinger and Skomnes James on Copyright by Gillian Davies, Kevin Garnett, and Gwilym
Harbottle(15th ed. 2005) Indian Reprint 2008
3. Rama Sarma, Commentary on Intellectual property Laws, Vol.2. Nagpur: Lexis Nexis
Butterworths Wadhawa (2009)
4. Abbott, F., T. Cottier and F. Gurry (1999) The International Intellectual Property System:
Commentary and Materials. The Hague, London and Boston, Kluwer Law International
5. Terrel on Patents, Sweet and Maxwell, London (1994)
6. Kerly’s Law on Trademarks and Trade Names, Sweet and Maxwell. Wolters Kluwer (2015)
7. Russell Clarke, Industrial Design, Sweet and Maxwell, 9th Ed., (2016).
8. Julie E. Cohen and Et al., Copyright in a Global Information Economy, Aspen Publisher,
Wolters Kluwer, (2010)
9. Resource Book on TRIPS and Development, UNCTAD- ICTSD (2004)
10. John Cross, Global Issues in Intellectual Property Law- Cases and Materials, west Publisher
(1st ed., ) 2010
11. Lemley, Menell, Merges and Samuelson, Software and Internet Law, (3rd Ed.,) Aspen
Publishers, (2006).
Journals/Articles
1. N S Gopalakrishnan, Administrative Remedies in Intellectual Property Protection under
TRIPs and Indian Law: Border Control Measures 2000 CLC 1 (Jr) 23
2. Mabel Tsui, Access to Medicine and The Dangers of Patent Linkage: Lesson From Bayer
Corp v. Union of India (2011) 18 Journal of Law and Medicine 577-88
3. Ron A Bouchard et al., Structure Function Analysis of Global Pharmaceutical Linkage
Regulations (2011) 12 Minn J L Sci & Tech 391-457.
4. Peter S. Menell, Economic Implication of State Sovereign Immunity from Infringement of
Federal Intellectual Property Rights, 33 Loy. L. A. L. Rev. 1399 (2000)
5. Pamela Samuelson & Tara Wheatland, Statutory Damages in Copyright Law: A remedy in
Need of Reform 51 Wm & Mary L. Rev. 495 (2009)
6. Alan Latman, Probative Similarity as Proof of Copying: Towards Dispelling Some Myths in
Copyright Infringement? (1990) Colum L. Rev 1187.
294
7. Adam V. Vickers, Comment, Peering Beyond Today’s Internet File sharing Concerns: The
Future of Bit Torrent Technology, 8 Tul. J. Tech &Intell. Prop. 133 (2006)
8. Neil Weinstock Netanel, Impose a Non Commercial Use Levy to Allow Free Peer to Peer File
Sharing 17 Harv. J. L. & Tech 1 (2003)
9. Michael J Madison, A Pattern Oriented Approach to Fair Use, 45 Wm & Mary L. Rev 1525
(2004)
10. Pamela Samuelson & Suzanne Scotcher, The Law and Economics of Reverse Engineering,
Yale L. J. 1575 (2002)
Cases for Guidance

1. R. G. Anand v. Delux Films (1978) 4 SCC 118
2. Computer Associates International Inc v. Altai 982 F.2d 693 (3rd Cir 1992)
3. Kelly v. Arriba Soft Corp (2003)
4. Delhi University Photo Copying Case – The Chancellor Masters and Scholars of the
University of Oxford v. Rameshwari Photocopy Services (2012)
5. Sega Enterprises Ltd v. Accolade Inc (1992)
6. A & M Records v. Napster Inc (2001)
7. Phillips v AWH Corporation (2005)
8. Larami Corp. v. Amron (1993)
9. Graver Tank v. Linde Air Products Co. 339 US 605 (1950)
10. Catnic Components Ltd v Hill & Smith Ltd (1982)RPC 183
11. Improver Corp. v Remington Consumer Products Ltd. (1990) FSR 181
12. Bajaj Auto Ltd v. TVS Motors Co Ltd (2008)
14. Britannia Industries Ltd v. Sara Lee Bakery AIR 2000 Mad 497
15. Erven Warnink v. J Townend & Sons Ltd (1979)
16. S M Dyechem Ltd., v Cadbury (India) ltd (2000)
17. Cadila Health Care Ltd v Cadila Pharmaceutical Ltd (2001)
18. Scotch Whisky Assn., v PravaraSahakarShakarKarkhana Ltd AIR 1992 Bom 294
19. Syndicate of Press of University of Cambridge v B. D. Bhandari (2005) 31 PTC 58 (Del)
Learning Outcome
1. Learn the practical application IP Laws

2. Examine different rules and tests laid down by the courts in different jurisdictions
3. Understand the interpretation of IP Laws
4. Discuss and learn about cross border IP litigations
5. Learn international IP enforcement mechanisms
295
RERA AND TENANCY LAWS
1. RERA is a most significant legislative measure to regulate the field of Real Estate
Projects. It aims to regulate and promote the real estate sector by regulating the
transactions between buyers and promoters of residential as well as commercial
projects.
2. Tenancy laws bring within its ambit the rules for residential and non-residential
premises and further develop the policies to promote balanced rental housing. It is aimed
at ensuring better access to housing opportunities, while alleviating fears of the house
owners in granting tenancy rights and also establishes a better structure for enforcing
rights and responsibilities of property owners and tenants.
3. The Tenancy Laws includes building tenancy and law relating to cultivating tenants in
the state of Tamil Nadu. This subject is most significant for civil side practice.
COURSE OUTLINE
Module – I: Law Relating to Real Estate Regulation
a. Definitions – Registration of Real Estate Project and Registration of Real Estate Agents –
Functions and Duties of Promoter- rights and duties of Allottees – The Real Estate
Regulatory Authority – Central Advisory Council – The Real Estate Appellate Tribunal –
offences and penalties
b. Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018.
Module – II: Tenancy Laws in Tamil Nadu in relating to Buildings:

Definitions - Tenancy – Rent – Obligations of Landlord and Tenant – Repossession of the
Premises by the Landlord –Rent Authorities: Appointment, Powers and Functions – Rent
courts and Rent Tribunals.
Module – III: Laws relating to cultivating tenants in Tamil Nadu:
a. Definition: cultivating tenant, landlord- rights and liabilities of landlords- grounds for
eviction of tenant- protection available to member of armed forces- restrictions on
restoration of possession - Cultivating Tenants Special Provisions Act, 1968 with
amendments
b. The TN Cultivating Tenants Arrears of Rent (Relief) Act, 1972 [including all
amendments]
c. The TN Cultivating Tenants Protection From Eviction Act, 1989 [including all
amendments]
296
Module - IV
Definition- agricultural labourer - rent court and rent tribunal- kaieruvaramdhar and
mattuvaramdhar- revision- record of tenancy rights – advisory committee.
Module– V:
Definitions – occupant of Kudiyiruppu – alternative site – payment and recovery of
compensation – prohibition of alienation
1. Real Estate (Regulation and Development) Act, 2016
2. The Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants
Act, 2017 [including amendments, rules]
3. The TN Cultivating Tenants Protection Act, 1955
4. The TN Cultivating Tenants (Payment of Fair Rent) Act, 1956
5. The TN Agricultural Land Record of Tenancy Rights Act, 1969
6. The TN Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971
1. A handbook of Land Tenures in Tamil Nadu by Sambandham and V.S.Rajaram, 2017
edition, C.Sitaraman&Co.Pvt. Ltd.
2. Taxmann’s Guide to RERA with RERA check lists, 3rd edition, 2017.
3. Tamil Nadu Real Estate Regulatory Authority (General) Regulations, 2018 at
https://www.tnrera.in/Downloads/Acts_Rules_Regulations/Regulations.pdf
4. Land laws of Tamil Nadu, Prof.A.Chandrasekaran, C.Sitaraman&Co.Pvt. Ltd, 2013
edition.
5. The Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants
Act, 2017 Bare Act
Cases for Guidance:

1. Anandan v. Lingam on 22 February, 2013
2. P.K.Selvaraj v. The Revenue Divisional Officer on 17 February, 2006
3. K.Thangammal vs R.Murugan on 24 September, 2018
4. NachayeeAmmal and others v. Sri Venugopalakrishnaswamy on 1 March, 2003
5. Somasundaram v. Subramanian on 20 March, 2019
6. E.K.M.G.Bakir Ali v. G.Sundarraj on 20 June, 2011
7. Maria Seeman Nadar v. Anna Muthu Ammal on 18 December, 2006
8. Church Of South India Trust v. The District Revenue Officer on 30 March, 2010
9. Shanmugham vs ArulmiguVinayagar And Arulmighu on 18 June, 2002
10. R. Jayakumar vs P. Kaliyaperumal And Ors. on 17 February, 1999
11. Jayaraman (Died) vs Eswaran on 10 February, 2012
12. T.K.Ayub vs Mohammed Hanif on 23 March, 2010
13. B.Venkatesh vs Nagarajan on 12 July, 2018
14. G.Surya Kumari vs The Government Of Tamil Nadu on 1 September, 2017
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15. Sanjay phulwaria and 22 others v. Mumbai metropolitan region development
authority and 4 others, Bombay high court on 16 October, 2018
Learning Outcome:
Students graduating with Land Laws will be able to:
1. Understand and describe legislative power to make laws relating to land and land
ceiling is in the state list.
2. Different states have enacted their own laws on this subject and the application of
these laws is varied from state to state.
3. The Constitutional perspectives relating to these subjects have to be taught as an
essential part of this course.
4. Problem-solve complex issues in the land related matters and society related to
policies, law enforcement, government bindings and etc.
5. Effectively apply knowledge to solve practical problems
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PSYCHOLOGY OF CRIME
The course is designed to bring out the link between crime and psychology. It will highlight
the causes of crime for victims, offender and of the wider society. The basic promise of the
course is that multiple variables affect human behavior, hence focuses its attention to
personality factors and how they intersect with situational variables. Student will acquire a
new framework for interpreting criminal behavior and will examine the usage of psychology
in the criminal justice system.
At the end of the course, the student will have:
• Knowledge of the key concepts and propositions of psychological models of Human
behavior
• Inbuilt capacity to identify the varying perspectives of criminal behavior.
• Familiarity with research methodologies commonly employed in the field of criminal
psychology.
COURSE OUTLINE
Module I: Introduction to Psychology of Crime
a) Nature and scope of psychology- Psychology of Soul;Mind;Consciousness;Behaviour
b) Study of Criminal Behavior
c) Concepts of Crime, Law and Criminology
d) Theories of Crime Causation.
e) Psychological Theories of Crime
Module II: Criminal Personality
a) Meaning and Nature of Personality
b) Theories and Factors of Personality
c) Meaning and Types of Criminal Personality
d) Criminal Personality and Non Criminal Personality
e) Personality Disorder- Psychopathic Personality
Module III: Criminal Behavior

a) Nature and Scope of Criminal Behavior
b) Factors that lead to Criminal Behavior- Biological factors- Situational factors-
Learned factors
c) Theories of Criminal Behavior- Developmental theories- Critical criminology
d) Evaluation of Criminal - Psychological Tests
e) Criminal Psychology- Roles of Criminal Psychologists
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Module IV: Criminal Typology
a) Violent Crimes – Homicide- Suicide
b) Stalking and Sexual Offenses
c) Property Crimes
d) Public Order Crimes
e) Substance Abuse
Module V: The Criminal Justice System -The Psychological Approach

a) Police Psychology
b) Treatment of Victims and Witnesses
c) Suspects of Crime
d) Court proceedings -Prison- Probation services- Juvenile Corrections
e) Social Perspective
Module VI: Correctional Psychology- Crime Prevention
a) Forensic and Correctional Psychology
b) Intervention
c) Correctional Counseling Process
d) Group Counseling and ResocialisationProgrammes
e) Treatment of Criminals – Custodial- Non-custodial
Recommended Reading
Books
1. Evolutionary Psychology: The New Science of the Mind, David Buss , 4th Edition,
Pearson, 2011
2. Abnormal psychology and modern life, James C Coleman, Scott, Foresman; 7th
Edition (1984)
3. Contemporary Criminal Law: Concepts, Cases, and Controversies, Matthew
Lippman, SAGE Publications, 5 Edition 2018
4. Sociology of Deviant Behavior, Marshall B. Clinard , Robert F. Meier , Cengage
Learning, 15 Edition, 2015
5. Crime classification manual. Lexington Books/Macmillan, Douglas, J. E., Burgess, A.
W., Burgess, A. G., & Ressler, R. K. (Eds.), 1992
Journals/ Articles
1. Criminal Psychology, K. EGrossHKallen H, Columbia Law Review (1912) 12(1) 90
2. Rehabilitating Criminal Justice Policy and Practice, Andrews DBonta J, Psychology,
Public Policy, and Law (2010) 16(1) 39-55
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3. Forensic Psychology, Louw D, Elsevier Inc., (2015), 351-356
4. Once a criminal, always a criminal?: 'Redeemability' and the psychology of punitive
public attitudes, MarunaSKing A European Journal on Criminal Policy and Research
(2009) 15(1-2) 7-24
5. The Encyclopedia of Criminology and Criminal Justice, Choice Reviews Online
(2014) 52(01) 52-0041-52-0041
Further Reading
Books
1. The Psychopathology of Crime: Criminal Behavior as a Clinical Disorde, Adrian
Raine , Academic Press; 1 Edition 1997
2. Psychology and Crime: Myths and Reality (Longman Criminology Series), Peter B.
Ainsworth, Addison-Wesley Longman Ltd, 2000
3. Criminology & Psychology Today: Peering Inside Criminal Minds: Uncovering The
Complex Relationships Between Criminals Psychology, Neuroscience & Neuro-
criminology (criminal psychology books) Kindle Edition, Alice Cole , Chris McGarry
. Kindle Edition
4. The Psychology of Criminal Conduct,D.A. Andrews, James Bonta, Elsevier Inc., 5th
Edition , 2010
5. Psychology and Crime: An Introduction to Criminological Psychology , Clive R.
Hollin, Routledge; 2 Edition 2012
6. Criminal psychology, Pakes F Pakes S, Taylor and Francis, (2012).
7. Introduction to Forensic Psychology, Shipley SArrigo B, Elsevier Inc., (2012)
8. Crime and criminal justice, Marsha I, Taylor and Francis, (2011)
9. Psychology and law: truthfulness, accuracy and credibility, MemonAVrijABull R,
(2003)
10. Applying Psychology to Forensic Practice, Needs ATowl G wiley, (2008)
Journal/ Articles
1. Handbook of Forensic psychology, Haward L, Behaviour Research and Therapy
(1988) 26(4) 366
2. Offender profiling and investigative psychology, Canter D, Journal of Investigative
Psychology and Offender Profiling (2004) 1(1) 1-15
3. Dennis Howitt, Introduction to Forensic and Criminal Psychology, Duff S,
Psychology Learning & Teaching (2016) 15(1) 115-116
4. Applying Psychology to Criminal Justice,CarsonDMilneRPakes , John Wiley and
Sons, (2008), 1-314
5. Evolutionary theory and criminal behaviour, Quinsey V, Legal and Criminological
Psychology, https://doi.org/10.1348/135532502168324
6. Psychology and crime, Kellogg A Psychological Bulletin (1917) 14(11) 379-387
7. History of forensic psychology, BartolCBartol A, Edited byWeinerIOttoRWeiner (Ed)
IOtto (Ed) R John Wiley & Sons Inc, (2014), 3-34
301
8. Offender coercion in treatment: A meta-analysis of effectiveness, Parhar K, Wormith
J, Derkzen D, Criminal Justice and Behavior (2008) 35(9) 1109-1135
9. Psychopathy and recidivism in adolescent sex offenders, GrettonHMcBrideMHare,
Criminal Justice and Behavior (2001) 28(4) 427-449
10. Does criminal offender treatment work, Simon L, Applied and Preventive Psychology
(1998) 7(3) 137-159
Learning Outcomes
1. The student will have the ability to examine critically specific offenses and apply
psychological models of criminality.
2. They will have an awareness on different perspectives to be employed in crime
prevention, investigation, and treatment.
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SOCIAL SECURITY AND UNORGANISED LABOUR
The bulk of India’s labor force today is the unorganised sector. Suffering from
poverty, without access to education, underpaid, unaware of their rights, and unable to
enforce them, the odds are stacked against our unorganized sector. To address this problem,
the legislature and the judiciary have, through laws and through judicial activism, repeatedly
come to the rescue of these workers. This course is designed to introduce students to the
challenges faced by this sector. The main objective is to instruct sector wise relevance which
ensures the governance effectively. Other sectors can have identical/similar regulatory
system and also be understood in the context of the treatment of the subject matter in this
paper. The course work is within the viable framework.

I. Provide a broad-based understanding of the concept of the informal
sector/unorganisedlabour – their nature, categories, industries, and the challenges and
injustices they face;
II. Instruct the student on the role of the ILO;
III. Delve into the concept of social security for unorganisedlabour;
IV. Focus on critical, India-specific sectors of unorganised workers and examine their
individual challenges; and
V. Survey the various legislations that target the upliftment of, and provision of
benefits to, such workers.
COURSE OUTLINE
Module I – Introduction to Unorganised Sector
(a) Concept and Characteristics of Unorganized Sector.

(b) UnorganisedLabour Force in India.
(c) Economic Contribution of Unorganised Workers.
(d) Causes and Problems of Unorganized Workers.
(e) Different Categories of Unorganized Workers-Beedi Workers, Construction Workers-
Domestic Workers- Agricultural Workers- Plantation Labourers.
(f) ILO and Minimum Conditions of Work.
(g) Constitutional Safeguards.
(h) Role of Judiciary in the Protection of Unorganized Workers.
Module II – Social Security for Unorganised Workers
(a) The Unorganised Workers’ Social Security Act, 2008 – Scope and Coverage.
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(b) Definition of Unorganised Sector and Unorganised Worker.
(c) Social Security Benefits – Schemes.
(d) Social Security Board.
(e) Registration of Unorganised Workers.
Module III - Beedi Sector Workers and Specific Legislative Measures
1(a) Features of Beedi Industry

(b) Production Process.
(c) Living and Working Conditions.
(d) Gender Discrimination.
(e) Vulnerability of Children.
(f) Occupational Health Hazard and Safety issues.
2(a) The Beedi And Cigar Workers (Conditions of Employment) Act, 1966 – Scope and
Object – Definitions – Licenses - Appeals.
(b) Health and Welfare Measures.
(c)Working Hours.
(e) Annual Leave with Wages.
(f) Application of The Payment of Wages Act, 1936 and The Industrial Disputes Act, 1947.
(g) Inspectors.
(h) Offences and Penalty.
3(a) Beedi Workers Welfare Fund Act, 1976 – Scope and Object – Definitions.
(b)Welfare Fund.
(c) Advisory Committees.
(d) Welfare Commissioner.
(e) Power to make Rules.
4(a) Beedi Workers Welfare Cess Act, 1976 – Scope and Object.
(b) Fund – Levy and Collection of Cess on Manufactured Beedis.
(c) Consolidated Fund of India.
(d) Protection of Action Taken in Good Faith.
Module IV – Construction Workers and Regulation of Conditions of Employment
1 (a) Construction Industry.

(b) Outsourcing of Labour through Contractor and Intermediaries.
(c) Types of Construction Workers.
(d) Women and Child Workers.
(e) Living and Working Conditions of the Workers.
(f) Occupational, Health and Safety Issues.
(e) ILO Conventions on Construction Workers.
2.(a) The Building And Other Construction Workers (Regulation Of Employment And
Conditions of Service) Act, 1996 – Scope and Object - Definitions.
(a) Advisory Committees and Expert Committees.
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(b) Registration of Establishment .
(c) Registration of Building Workers as Beneficiaries.
(d) Welfare Board.
(e) Hours of Work.
(f) Welfare Measures - Safety and Health Measures.
(g) Responsibility of Employers.
(h) Inspecting Staff.
(i) Offences and Penalties.
3. (a) Building and Other Construction Workers Welfare Cess Act, 1996 – Scope and Object
- Definitions.
(b) Levy and Collection of Cess.
(c) Furnishing of Returns
(d) Assessment of Cess.
(e) Recovery of Amount Due – Appeals.
(f) Penalty – Offences by Companies.
Module V – Plantation Labour and Conditions of Employment

1.(a) Characteristics of Plantation industry.
(b) Intensity of Labour.
(c) Working and Living Conditions.
(d) Occupational and Health Hazards.
(e) Problems of Women and Child Workers.
2.(a) Plantation Labour Act, 1951 – Scope and Object – Definitions.
(b) Inspecting Staff
. (c) Provisions as to Health and Welfare.
(d) Hours and Limitation of Employment.
(e) Leave with Wages.
(f) Penalties And Procedure .
Module VI – Other Legislations Relating to Unorganised Workers
1.(a) The Bonded Labour System (Abolition) Act, 1976 – Object and Scope – Definitions.
(b) Abolition of Bonded Labour System – Agreement, Custom, etc. to be Void.
(c) Liability to Repay Bonded Debt to Stand Extinguished – Property of Bonded Labour to
be Freed from Mortgage, etc., – Creditors not to accept Payment against Extinguished Debt –
(d) Authorities for Implementation of the Act.
2.(a) Interstate Migrant Workmen (Regulation of Employment and Conditions of Service)

Act , 1979 – Scope and Object – Definitions.
(b) Registering Offices-Registration and Revocation of Establishments.
(c) licensing officers-Licensing of Contractors-Revocation, Suspension and Amendment of
Licenses.
(d) Duties and Obligations of Contractors.
(e) Wages, Welfare and Other Facilities.
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(f) Displacement Allowance.
(g) Liability of principal Employer.
(h) Inspecting Staff.
(i) Offences and Penalty.
3.(a) Contract Labour (Regulation & Abolition) Act, 1970 - Scope and Object -Definitions.
(b) Advisory Boards.
(c) Registration of Establishments.
(d) Licensing of Contractors.
(e) Health and Welfare Measure.
(f) Offences and Penalties.
4.(a) Child Labour (Prohibition and Regulation) Act, 1986 – Scope and Object – definitions.
(b) Prohibition of Employment of Children.
(c) Regulation of Conditions of Work.
(d) Procedure Relating to Offences.
5.(a) Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
(b) Guarantee of Rural employment to House Holds.
(c) Conditions for Providing Guaranteed Employment.
(d) Payment of Unemployment Allowance.
(e) Non-Disbursement of Unemployment Allowance.
(f) Planning and Implementation of Schemes.
(g) Responsibilities of Gram Panchayaths.
(h) Grievance Redressal Mechanism.
(i) National Employment Guaranteed Fund.
Recommended Reading
Books Prescribed:
1. Dr. V.G. Goswami, “Labour& Industrial Laws” (Central Law Agency, 2019).
2. Prof. (Dr.) S.C. Srivastava , “Legal Protection and Social Security in Unorganised
Sector” (The Book Line, 2017).
3. Suresh C Srivastava, “Labour Law in Factories, Mines, Plantation, Transportation,
Shops and other Establishments” (Prentice Hall of India, 1992).
4. S.N.Mishra, “Labour and Industrial Law” (Central Law Publications, 29th ed., 2019).
5. Gupta N.H., “Social Security for Labour in India” (Deep and Deep Publications,
Delhi, 1986).
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Journals:
1) M. D. Pradeep, B. K. Ravindra, et.al. , “A Study on the Prospects and Problems of
UnorganisedLabour in India”, 2 IJAASR 94-100 (2017).
2) Lee Tucker, “Child Slaves in Modern India: The Bonded Labour Problem”, 19 HRQ
572-628 (1997).
3) Jeet Singh Mann, “Employment Rights Protection and Conditions of Domestic
Workers: A Critical Appraisal”, 57 JILI 216-243 (2015).
4) Thomas Paul, “Child Labour – Prohibition v. Abolition: Untangling the Constitutional
Tangle”, 50 JILI 143-176 (2008).
5) M.S.Ramanujam and K.L.Rawal, “Unorganised Workers’ Welfare: Imperatives and
Initiatives”, 46 IJIR 16-31 (2010).
6) Suresh C. Srivastava, “Equal Remuneration for Men and Women”, 32 JILI 82-92
(1990).
Further Reading
Reference Books:
1. Arun Monappa, Ranjeet Numbudiri, Patturaja Selvaraj, “Industrial Relations &Labour
Laws” (Tata Mcgraw Hill, 2012).
2. S.C. Srivastava, “Social Security and Labour Laws” (Lukcnow: Eastern Book
Company, 1985).
3. R.W. Rideout, “Principles of Labour Law” (Sweet and Maxwell, 1988).
4. H.K. Saharay, “Industrial and labour Laws of India” (Culcutta: Eastern Law House,
1987).
6. Kanak KantiBagchi& Nirupam Gope, “Social Security for Unorganised workers in
India” (Gurgoan: Madhav Books, 2012).
7. NayanBarua, “Social Security and Labour Welfare in India” (New Delhi: Asish
Publishing House, 1995).
8. Radhika.K, “Women in Agricultural Development” (New Delhi: Serials Publications,
2008).
9. Singh D.P, “Women Workers in Unorganised Sector” (New Delhi: Deep & Deep
10. Tripathy S.N, “Law for UnorganisedLabour in India”, (Delhi: Mangalam
Articles:
1. A.Dharmalingam, “Conditions of Brickworkers in South Indian Village”, 30 EPW
3014-3018 (1995).
2. K.R.Lakshmy Devi, “The Women Beedi Workers in a Kerala Village”, 21 IJIR
251-259 (1985).
307
3. Manishi Pathak, “An Overview of Contract Labour Related Laws in India” NLS
Bus. L.Rev. 20 (2017).
4. Rashmi Tiwari and Shivani Tiwari, “Women Employment in Unorganised Sector:
An Empirical Analysis”, 35 JRD 645-664 (2016).
5. Paramita Ray, “Contract Labour System in India: Issues & Perspectives”, 3
IJLLJS 297-306 (2016).
Cases for Guidance:

1. Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P. &Ors., 1985 AIR
652.
2. People Union for Democratic Rights v. Union of India&Ors., 1982 AIR 1473.
3. Bandhua Mukti Morcha v. Union of India, 1984 SCR (2) 67.
4. Neeraja Chaudhary v. State of Madhya Pradesh, (1984) 3 SCC 243.
5. Daily Rated Casual Labour v. Union of India, 1988 SCR (1) 598.
6. State v. Banwari, 1957 CriLJ 539.
7. M.C. Mehta v. State of Tamil Nadu and Others, (1996) 6 SCC 756.
8. Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage and Allied
Workers, 12 July, 2011.
9. KotchuVelu V. Joseph, 1987 II LLJ 174 (Kerala).
10. N Krishna Devi v. Vishnu Mitra, AIR 1982 Raj 281.
11. Bijay Cotton Mills v. State of Ajmer, (1955) 1 LLJ 129 (SC).
12. Municipal Corporation of Delhi v. Female Workers, (2000) 3 SCC 224.
13. Rajangam, Secretary, Dist. Beedi Worker's Union v. State of Tamil Nadu, 1992 SCC
(1) 221.
14. B. M. Lakshmanamurthy v. The Employees' State Insurance, AIR 1974 SC 759.
15. Olga Tellis&Ors v. Bombay Municipal Corporation, 1985 SCR Supl. (2) 51.
16. Gammon India Ltd. v. Union of India &Ors., 1974 SCR (3) 66.
17. Salal Hydro Electric Project v. State of Jammu and Kashmir, 1983 (3) SCC 538.
Learning Outcome
1. Comprehend the complex issue of unorganised labour and their challenges;
2. Appreciate the crucial role played by ILO in their upliftment;
3. Critically analyse social security law through the lens of unorganised labour;
4. Discern and perceive the problems of unorganised labour in various specific sectors
inIndia and critically examine the efforts taken to legislate for their improvements.
308
MOCK COURT AND COURT TRAINING PROGRAMME
(CLINICAL COURSE: IV)

Mock trials are an invaluable tool for law students to develop practical skills and gain hands-on
experience in the legal system. For students of the School of Excellence in Law at the Tamil Nadu
Dr. Ambedkar Law University, mock trials provide a range of benefits. Through participating in
mock trials, students can develop practical skills such as public speaking, critical thinking,
argumentation, legal research, and writing. They also gain valuable experience working with judges
and attorneys, navigating the court system, and presenting their case in a professional and effective
manner. Mock trials also help students to build confidence in their legal knowledge and abilities and
enhance teamwork and collaboration skills that are essential in the legal profession. Furthermore,
mock trials provide a practical application of legal theory, which can help students to better
understand and retain the material they have learned in the classroom. Ultimately, mock trials
prepare law students for a successful career in law by providing them with realistic simulations of
what they will encounter in the legal profession and identifying areas where they need to improve
their skills and knowledge. Court training programme will enable the students to gain experience of
visiting courts, observe proceedings, take notes and watch advocates conducting trials, arguments,
appreciation of evidence and logical reasoning.
Mock Court and Court Training Programme
This paper may have two components of 40 marks each and a viva for 20 marks.1
(A)Mock Court (40 marks)

Every student is required to do mock trial simulating the court proceedings (40 marks).
(B)Court Training Programme (40 marks)
Students may be required to attend Court Proceedings and submit the observation report of
proceedings attended by them attendance on different days in the Court assignment. (20 Marks)
Submit the full case report for both the civil and criminal [20 Marks (10 marks for each)].
(C)Viva Voce Examination
There will be Viva Voce examination on all the above two aspects. This will carry 20 marks (10
marks for each component).
1. Glanville Williams, Learning the Law, (14th ed.,) Sweet and Maxwell, UK.
2. Nomita Aggarwal, A Beginners’s Path to Moot Court , Universal Law Publishing, 2014
1
NB: Attendance is a must while attending the court proceedings during the stipulated period of time. Anybody who
fails to secure 90% attendance are not eligible to write the end semester and should repeat the same with the next
batch of students in the next semester.
309
3. Kailash Rai, Moot Court ( Pre-Trial Preparation and Participation in Trial Proceedings) 5th
ed, Central Law Agency 2015
4. K.L.Bhatia, Moot court and Mock Trial –Art to and Art of Advocacy: Essential of Court
Craft, Universal Law Publishing, 2013
5. K. Evans, Language of Advocacy, 1st Indian Reprint, Universal Law Publishing 2000
6. J Hill, Practical Guide to Mooting, 1st Indian Reprint, Palgrave Macmillan, 2009
7. J Snape and G. Watt, How to Moot-A Student Guide to Mooting, Oxford University Press
2005
8. U Sakhalkar, Developing Skills through Moot Court and Mock Trial, Allahabad Law
Agency, 2014
9. B. Malik, Art of a Lawyer-Cross Examination, Advocacy, Courtmanship, Universal Law
Publishing 2014
10. D. Pope and D Hill, Mooting and Advocacy Skills, 1st South Indian edn, Sweet and Maxwell,
2014.
Learning Outcomes:
After the completion of the course the students will be able to:
• Enhance analytical as well as critical thinking of students over interesting and
contemporary legal issues
• Demonstrate a thorough and contextual knowledge of the various laws particularly in
its application to real and hypothetical legal problems
• Acquire skill in advocacy, legal research and writing skills
• Gain interest in advocacy and competence as an advocate.
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FIFTH YEAR
X-SEMESTER
MEDIATION AND CONCILIATION
Judicial delay and arrears are the greatest form of causality in adversarial
process.Adjudication through Court of Law are high in terms of time, expense and damage
to relationships. With the introduction of Section 89, CPC and amendment in the
Arbitration and Conciliation Act 1996 in 2015andsetting up of in - house mediation
centersfocus is shifting on noncoercive and consensual processes of Mediation and
Conciliation is the fastest growing dispute resolution remedy worldwide.Mediation and
Conciliation shall provide for a Win-Win situation for the parties to the dispute, as the
resolution takes place with the characteristic of amicability, peacefulness and mutual
settlement between parties thu,s finality, without intervention of the Court.There is a need
of blending judicial and non-judicial dispute resolution mechanism and bring mediation a
primary method of resolution of dispute to the center of the Indian Judicial System. The
subject is old but needs reassurance and learned in theory and practice, to be looked upon
more as primary option than as Alternate dispute resolution (ADR) mechanism.This
course will be learned under two basics. First, the theoretical understanding of the
concepts and, the ethical and legal provisions relating to, mediation and conciliation.
Secondly, the course is geared to train the students in the practical skills required to
effectively participate and practice, mediation and conciliation processes.
• Law on the subject and the precedents laid down by court annexed mediation in
India and abroad are exhaustively dealt with.
• Nature of dispute, conflicts and make choice of appropriate settlement technique to
andresolve them.
• Identification of real needs and interests resolves the disputes without undergoing
arduous trial procedures.
• Enhancing the practical skills apart from theory, in long runshall reduce backlog
and docket explosions before the Court of Law.
COURSE OUTLINE
Module I: Introduction: Nature and Scope of Conflict and Disputes:
a) Causes for conflict, Kinds of conflict, Escalation and De-escalation of conflict.

Dispute as a manifestation or starting point of conflict. The role of Law and Society in
ensuring settlement of disputes and effective conflict resolution.
b) Negotiation, Mediation, Arbitration and Adjudication: scope and relative merits.
Limitations of the adversarial process and need for consensual resolution. Mediation
as the preferred ADRmode.
c) Pendency of cases in India, its causes and consequences. The need for Alternative
Dispute Resolution. Mediation as a flexible, timely, cost-effective mode of alternative
311
dispute resolution.
Module II: Comparative study : Genesis of Mediation and Restorative Justice:
a) Promoting dialogue, reconciliation, healing and mutual agreement in the pursuit of

justice. Concept of Ubuntu and South Africa’s Truth & Reconciliation Commission;
The Abunzimediators and the Gacaca courts ofRwanda.
b) Mediation by Mahajans, Panchasand religious leaders. Ahimsa, Satyagraha and
Gandhian principles of pragmatic, non-violent conflictresolution.
c) Village elders in ancient Greece and interlocutors under Roman law, influence of
Confucianism and Taoism on Mediation in China, the role of community/religious
leaders: the Ketua Kampong (village headman) and the Imams in Malaysia, the Ting
(local assembly) in Nordic countries.
Module III: ADR: Characteristics and Conceptual Analysis:
a) Definitions and key characteristics, Fastest growing ADR mode. Nature of

mediation as voluntary, consensual, non-coercive, confidential and risk-free. Parties
retain control of the process.
b) Problem-defining, Problem-solving and settlement stages. Opening round, joint
sessions and private caucus. Gathering information, analysing issues and interests,
generating options and proposals, resolving disagreements, reaching agreement.
c) Facilitative, Evaluative and Transformative Mediation.Role of the Mediator as a
neutral facilitator, impartial moderator, trusted interlocutor but never a legal advisor.
Module IV: Techniques: Communication:
a) Communication styles, Communicative behaviour, Compassionate or Collaborative

Communication.
b) Choice of words, clarity of thought and expression, right pitch, tone and emphasis,
body language.
c) Active listening skills, building rapport, empathy not sympathy. Use of open-ended
questions, neutral rephrasing, factual summarizing.
Module V: Skill: Enhancement for Cumulative Efficiency:
a) Summarizing the facts, understanding respective positions, discussing issues

rationally, recognizing both individual and common interests, empathizing with
underlying emotions and asking relevant open-ended questions.
b) Neutral reframing of issues, identifying interests, moving parties away from issues
towards interests, generating and exploring options, formulating objective
criteria,conveying offers and proposals, applying reality checks. Assessing the
alternatives to a negotiated settlement (BATNA, WATNA, MLATNA)
c) Causes for impasse and effective intervention techniques: time-out, calculated
adjournment, deadlines, refocusing attention, emphasizing relationships,
brainstorming, using expert valuation, using other dispute resolution modes.
d) Distributive v Integrative negotiation. Expanding the pie and developing win-win
solutions.
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Module VI: Process: Character Building
a) Being neutral, impartial, objective, communicative, open-minded, quick-thinking,

patient, amicable, diplomatic, honest and empathetic. Learning how to build rapport,
gain trust, formulate creative solutions and deal with impasse.
b) Importance of ethical conduct during Mediation. Ensuring impartiality and

neutrality, no conflict of interest, dealing with power imbalance, preventing abuse,
encouraging parties to reach their own solutions without any coercion or undue
influence.
c) Confidentiality extends to all case info, identity of parties, proposals and offers made
by parties, confidential revelations during private sessions, terms of the settlement
and all case-related documents
Module VII: Drafting: Settlementand Agreements
a) Identifiable parties, unambiguous terms, clear language, specific outcomes,

measurable commitments, provision for monitoring implementation and accepted
mode for resolving future conflicts.
b) Enforceability of arbitral agreements under Section 36 of the Arbitration and

Conciliation Act of 1996. Court decree for court-annexed mediation settlements.
Vitiating factors: fraud, coercion, corruption, incapacity of a party or the settlement
being contrary to public policy or Indian law. Need for Mediation-specific
legislation to regulate and give legal sanctity to mediated settlements.
Module VIII: Legislations and Statutory Authorities:

a) All statutes and regulations on Mediation and Alternative Dispute Resolution; This
includes: The Arbitration and Conciliation Act, 1996; Conciliation--Relevant
Provisions and Case Law (sections 61-81); Arbitration--Relevant Provisions and
Case Law (sections 30-37); Sec 89, CPC 1908; Model Rules under Sec 89: Model
Civil Procedure ADR and Mediation Rules, 2003 (Parts I and II). Other Provisions
of the CPC, 1908: Order X (Rules 1, 1A, 1B, 1C); OrderXXIII
b) Rules 3, 3A and 3B. Order XXVII (Rule 5B), Order XXXIIA (Rule 3); Commercial
Courts Act 2015; The Commercial Courts (Pre-Institution Mediation and
Settlement) Rules 2018 (the PIMS Rules). The Consumer Protection Act 2019 and
relevantregulations.
c) Panchayats, Lok Adalats, Ombudsmen, Police Authorities, Bureaucrats, Grievance
Cells, Conciliation Officers
Module IX:Hybrids:UNCITRAL and ICT Enabled ADR
f) Arbitration and Conciliation Act, 1996 read with Information Technology Act, 2000
and Indian Evidence Act, 1872. And its advantages
g) Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018. Speedy
settlement of commercial cases through mediation. Settlement enforceable as
deemed arbitral award (under Section 30(4) of Arbitration and Conciliation
Act,1996)
h) UNCITRAL Model Law on International Commercial Mediation and International
Settlement Agreements Resulting from Mediation, 2018; United Nations
Convention on International Settlement Agreements Resulting from Mediation (the
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Singapore Convention on Mediation). Mediation training and skill development,
international accreditation and development of global mediation standards.
Recommended Reading:
Books:
1. R.S. Bachavat : Law of Arbitration & Conciliation Act, Vol – I & II; LexisNexis
Butter Worth, 5th Edition (2013)
2. Sriram Panchu ,Mediation Practice & Law: The Path to Successful
DisputeResolution, LexisNexis ( 2015)
3. Mediation and Conciliation Project Committee, Supreme Court of India, Mediation
Training Manual of India,(available at.https://main.sci.gov.in/pdf)
4. Roger Fisher, William Ury and Bruce Patton,Getting to Yes: How to Negotiate
Agreement Without Giving In, RHUK (2011)
5. Anuroop Omkar and KritikaKrishnamurthy,The Art of Negotiation and Mediation -
A Wishbone, Funnybone and a Backbone,Lexis Nexis (2015)
6. Rahul Banerjee and Amita Chatterjee, Indian Philosophy and Meditation:
Perspectives on Consciousness (Routledge Studies in Asian Religion and Philosophy)
Routledge (2015)
7. Joel Lee and The HweeHwee ,An Asian Perspective on MediationSingapore.
Academy ( 2009) (available at. http://www.review.upeace.org/pdf )
8. Christopher Moore,The Mediation Process: Practical Strategies for Resolving
Conflict, Wiley, (2014)
9. RaminJahanbegloo, Introduction to Non-Violence, Red Globe Press (2014)
Reports:
1. 222nd Report of the Law Commission of India on “Need For Justice-

Dispensation Through ADR, etc.” (2009).
2. 246th Report of the Law Commission of India on Amendments To The
Arbitration And Conciliation Act 1996 (2014)
Key Cases:
1. Afcons Infrastructure v Cherian Varkey., (2010) 8 SCC 24

2. National Insurance Co. Ltd. v BogharaPolyfab Pvt. Ltd., (2009) 1 SCC 267.(p.65)
3. ONGC Limited Vs Western Geco International Limited (2014) 9 SCC 263.
Further Reading:
Books:
1. P. C. Markanda, Law relating to Arbitration and Conciliation. LexisNexis, ISBN –

8180388131, India; 8 thEdn. (2013)
2. O.P. Malothra, The law and practice of Arbitration & Conciliation ,2nd edn,
LexisNexis Butterworths , New Delhi (2006)
3. P.C. Rao & William Sheffield, ed., Alternative Disputes Resolution- What it is and
how it works? ,Universal Law Publishing Co. Pvt. Ltd., New Delhi, (2006).
314
4. P.C. Markanda, Law relating to Arbitration and Conciliation, 7th edn., LexisNexis
Butterworths, Nagpur, (2009)
5. Basu. N.D, Law of Arbitration and Conciliation( 9th edn., Universal Law
Publishing Co. Pvt. Ltd., New Delhi, 2000).
6. G.K.Kwatra , The Arbitration and Conciliation Law of India, Universal Law
Publishing Co. Pvt. Ltd., New Delhi, (2000).
7. Surendra Malik, Supreme Court on Arbitration, Eastern Book Co, Lucknow, (2003).
8. A. Redfern and M. Hunter, Law and Practice of International Commercial
Arbitration, Student Edition, Sweet and Maxwell, London, (2003).
Journal/ Article:
1. Annual Survey of Indian Law, (ILI, New Delhi).Cases for Guidance

2. Need for Alternatives to the Formal Legal System (Special Address by Muralidhar
S., International Conference on ADR, Conciliation, Mediation and Case
Management Organised By the Law Commission of India at New Delhi on May 3-
4, 2003)p.01
3. ‘Comparison of Adjudication with ADR’, Mediation Training Module of India
Chapter 4 (2011) SC of India,p.08
4. ‘Development of Mediation in India’, Mediation Training Module of India Chapter
1 (2011) SC of India,p.11
Learning Outcomes:
At the end of the semester, the students will be:
1. Competent to practice Mediator skills and undertake legal research and promote
legal reforms in theory and practice.
2. Gain skill and competency to decide and resolve ethical hitches in Conciliation and
Mediation as settlement mechanism.
3. To analyze and apply the substantive techniques of mediation and conciliation
4. Choose right techniques and effective communication,gain success by bringing
about consensus and draw up settlement agreement.
5. Practical trained via internship and training as observers at court-annexed mediation
centers,atprivate mediation centres,with sitting/former Judges of Supreme Court
and/or High Courts, and/or by senior and/or experienced Advocates (duly approved
by Bar Council of India)
315
LAW OF TAXATION
Objective of the Course
Taxation plays a pivotal role in meeting a variety of public expenditure by

generating majorrevenuetothegovernment.While the direct taxes levied under the provisions
of Income Tax Act has not been much on public domain for criticism, the indirect taxes
levied under various statutes was criticized for its cascading effects, which was removed by
the implementation of GST. The main object of this course is to create an understanding on
the basic aspects of taxation, both direct and indirect taxing system in India along with the
constitutionalamendments.
The Course has been designed to:
I. To explore and understand the concept of tax along with its relevance.
II. To understand the relevance and importance of the Constitution of India in
shaping the taxing statutes and tax system.
III. To explore how direct taxes are being levied and to thoroughly investigate the
steps in arriving at the taxable income.
IV. To enhance the knowledge on Goods and Services Tax (GST), the new indirect
tax regime in its true legal sense.
V. To appreciate the role of tax authorities and the importance of The Black Money
(Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.
COURSE OUTLINE
Module-I - General Introduction

a) Definition of Tax – Definition under the Constitution.
b) Evolution of Tax - Distinction between Tax and Fee, Duty, Surcharge, Toll and
Cess.
c) Mutual Relationship between Income Tax Act and Finance Act - Difference
Between Money Bill and Finance Bill.
d) Canons of Taxation
e) Taxing System – Types of Taxes – Direct – Proportional, Progressive, Regressive,
Degressive Taxation – Indirect- Specific – Ad Valorem.
f) Interpretation of Taxing Statutes – Event Theory and Aspect Theory.
g) Tax Evasion v. Tax Avoidance.
316
Module-II - Constitutional Basis of Taxing Powers
a) Constitutional Provisions relating to Taxation – Articles 246, 248, 265 & 286.
b) Doctrines such as Taxation and Equity are Stranger – Pick and Choose Rule – Pith
and Substance – Repugnancy and Inconsistency – Territorial Nexus – Unjust
Enrichment – Immunity of Instrumentality – res extra commercium.
c) Historical Development of Tax on Supply of Goods and Services (along with A
comparative study of GST in India with Brazil, Canada, Singapore and Malaysia) -
101st Constitutional Amendment.
d) Amendment of various Articles in Indian Constitution - Amendment of Sixth and
Seventh Schedules.
e) GST Council - Constitutional Limitations - Exemptions to the Levy of Goods and
Services Tax on Petroleum Products and Alcoholic Liquor for Human Consumption
- Power of the GST Council to Regulate these Goods by Notification.
Module-III - The Income Tax Act, 1961
Part I –Steps in the Determination of Taxable Income

a) Preliminaries- Concepts: ‘Income’, ‘Agricultural Income’, ‘Casual Income’,
‘Assessee’, ‘Person’,ResidentialStatus,‘PreviousYearandAssessmentYear’.
b) GeneralChargingSection and Specific Charging Sections – Income: Received –
Deemed to be Received – Arising – Accrual – Deemed to Arise or Accrue in India.
c) Income which does not form part of Total Income (Exemptions).
d) Taxability of Income under Specific Heads: i) Income from Salaries - ii) Income
from House Property - iii) Profits or Gains from Business or Profession - iv) Income
from Capital Gains - v) Income from Other Sources.
e) Clubbing of Income: Income of other Persons to be included in
Calculating in Assessee’sTotalIncome.
f) Treatment of Losses - Set off and Carry Forward ofLosses.
g) Chapter VI-A Deductions
Part II – Procedural Aspects

a) Double Taxation - Double Taxation Relief.
b) Procedure for Assessment of Tax - Assessment of Special Class of Assesses.
c) Search, Seizure and Adjudication.
d) Fines and Penalties – Demands & Recovery.
e) Appeals & Revision.
317
Module- IV – Goods and Services Tax
A. Central Goods and services Tax Act, 2017

a) Definitions
b) Levy and collection of Tax - Composition Levy
c) Scope of Supply – Kinds of Supply – Time, Place and Value of supply
d) Input Tax Credit (ITC)
e) Registration - Tax Invoice
f) Credit and Debit Notes – Returns – Payment – Refunds – Assessment – Audit.
g) Inspection, Search, Seizure and Arrest - Demand and Recovery - Liability to
Pay in Special Cases.
h) Advance Ruling, Appeals and Revision
i) Offences and Penalties
j) Transitional Provisions
k) Anti-Profiteering Measures
l) GST Compliance Rating.
B. Tamil Nadu Goods and Services Tax Act, 2017
a) Definitions
b) Levy and Collection of Taxes - CompositionLevy
c) ScopeofSupply - TaxLiabilityonCompositeandMixedSupplies - Time,
Placeandvalueofsupply
d) Powerto Grant ExemptionfromTax
e) InputTaxCredit
f) Registration
g) Tax Invoice - Credit and Debit Notes – Returns – Payment – Refunds –
Assessment – Audit
h) Inspection, Search, Seizure and Arrest, Demand and Recovery - Liability to Pay
in Special Cases
i) Advance Ruling, Appeals and Revision
j) Offences and Penalties
k) Transitional Provisions
318
l) Anti-Profiteering Measures
m) GST Compliance Rating.
C. Integrated Goods and Services Tax Act, 2017
a) Collection and Levy of Integrated Goods and Services Tax
b) Determination of Nature of Supply, Inter-state Supply and Intra-state Supply -
Location of Supply - Place of Supply of Goods and Services or both - Zero
Rated Supply.
c) Cross Utilization of Credit - Utilization of IGST Credit
d) Refund of Integrated Tax to International Tourist
e) Apportionment of Tax Revenue.
D. Significance of Union Territory Goods and Services Tax Act, 2017.
E. Significance of the Goods and Services Tax (Compensation to States) Act,
2017.
Module - V– Authorities under various Taxing Statutes
a) The Income Tax Act, 1961 – Income Tax Authorities, Powers and Functions.
b) The Central Goods and Services Tax Act, 2017 – Officers under the Act, Powers
and Functions.
c) The Tamil Nadu Goods and Services Tax Act, 2017 – Officers under the Act,
Powers and Functions.
d) The Integrated Goods and Services Tax Act, 2017 – Appointment of Officers under
the Act, Authorisation of Officers under SGST and UTGST as proper officers.
e) The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax
Act, 2015 – Tax Authorities, Powers and Functions.
Books:
1. N.A. Palkiwala, The Law and Practice of IncomeTax, (2014), Lexis Nexis
2. T.N. Manoharan and G.R.Hari (35th Edition, 2020) Students' Handbook on Taxation
- Includes Income-Tax Law and Goods and Service Tax Law, Snow White
Publications.
3. Sampath Iyengar, Law of Income Tax, Step by Step Guide to GST,
Wolters Kluwer.
4. V S Datey, GST Ready Reckoner, Taxmann 2017.
5. Dr. Vinod K Singhania, Direct Taxes Ready Reckoner-As Amended by Taxation
Laws (Amendment) Act 2019 (Taxmann Publications).
319
Journal Articles:
1. Kotha, Ashrita Prasad, “Place of Effective Management Test in the Income Tax
Act, 1961: Is It the Right Way Forward” 8 NUJS L. Rev. 13 (January-June 2015).
2. Andharia, Prateek, “Section 9 of the Income Tax Act, 1961: Defaced and Defiled”
25 Nat'l L. Sch. India Rev. 119 (2013).
3. Dr. S.V.Ramana Rao , “ Input Tax Credit under GST in India: An Overview”,
International Journal of Exclusive Global Research - Vol 3 Issue 2 February.
4. Vartikasahu and Somesh Kumar Shukla, “A Revolutionary Reform for Indirect
Tax with an Analysis of the GST Constitutional 101st Amendment Act, 2016”,
International Research Journal of Commerce and Law, ISSN: 2349 – 705X, Vol
04, Issue 9, September 2017.
5. Anand Nayyar and Inderpal Singh, “A Comprehensive Analysis of Goods and
Services Tax (GST) in India”, Indian Journal of Finance, Vol 12, Issue 2, Feb
2018.
Further Reading:
Books:
1. Chaturvedi and Pithisaria, Companion to Chaturvedi &Pithisaria’s
Income Tax Law –Wealth Tax Act 1957, Eastern Book Company,
Lucknow.
2. Girish Ahuja- (2019), Law and Procedure- Professional approaches to
Direct Taxes and International Taxation, Wolters Kluwer India Pvt
Ltd.
3. Vinod K Singhania & Kapil Singhania, Direct Taxes Law & Practice, (Taxmann).
4. Dr. Girish Ahuja & Dr. Ravi Gupta, Direct Taxes Law & Practice, (Wolters
Kluwer).
5. CA.Ashok Batra, GST Ready Recknor, (Wolters Kluwer).
6. CA.Keshav Garg, GST Ready Recknor, (Bharat).
7. Jaya Vasudevan Suseela, Indirect Taxes (GST and other Indirect Taxes), (EBC
Explorer).
8. K.Vaitheeshwaran, Students handbook on Indirect Taxes, (Snow White).
9. Karthik Sundaram, Tax, Constitution and the Supreme Court: Analysing the
Evolution of Taxation Law in India.
10. Dr.Sanjiv Agarwal & Sanjeev Malhotra, Goods & Services Tax, Laws, Concepts
and Impact Analysis, (Bloomsbury).
E-Books:
1. A Comprehensive Guide Book on GST India – Clear Tax GST -

www.cleartav.com/gst
2. Case laws of the Honourable Supreme Court of India and the Honourable High
courts of India in favour of Revenue - Sarita Mishra Kolhe - www.nadt.gov.in
3. Indian Tax System – An Overview – Habibulla& Co., Chartered Accountants India -
http://www.hcoca.com/Pdf/Indian_Tax_System.pdf
320
Journal Articles:
1. R. Kalaivani, “Indian Constitutional Perceptive of Taxation”, IOSR Journal of
Humanities and Social Science (IOSR-JHSS), e-ISSN: 2279-0837, p-ISSN: 2279-
0845, Volume 22, Issue 9, Ver. 15 (September. 2017) PP 75-78
2. B. Anbuthambi and N. Chandrasekaran, “Goods And Services Tax (GST) And
Training For Its Implementation In India: A Perspective”, Ictact Journal On
Management Studies, ISSN: 2395-1664, May 2017, Volume: 03, Issue: 02.
3. Shely Rastogi , S. K. Agarwal, “Zero Rated GST on Indian SEZs: An Analysis”,
Journal of Advances and Scholarly Researches in Allied Education, Ignited Minds
Journals , E-ISSN : 2230 – 7540, Volume 15, Issue 9 , Oct 2018 , Pg. 124 – 131.
4. SANJOY ROY, “Transition to Goods and Services Tax (GST) Regime: Rationale and
Impasse”, The NEHU Journal, ISSN. 0972 - 8406, Vol XIV, No. 1, January - June
2016, pp. 51-67.
5. Hedau Amit, “A Review of Canons of Taxation: India's Perspective”, Asian Journal
of Research in Social Sciences and Humanities, Online ISSN: 2249-7315, (2018),
Volume : 8, Issue : 2, pp 41 - 53 .
6. Sanjay K. Radadiya, “Income Tax Act 1961 V/S Direct Tax Code 2009”, Indian
Journal of Applied Research, Vol.II, Issue.II November 2012.
7. Jasmine V.M, “GST & Evolution of Tax System in India”, IRA-International Journal
of Management & Social Sciences ISSN 2455-2267; Vol.07, Issue 01 (2017) Pg. no.
65-72.
8. Anand Deo, “Goods & Services Tax (GST) – Impact Analysis & Road Ahead”,
IBMRD's Journal of Management & Research, ISSN: 2277-7830, Online ISSN: 2348-
5922, Volume 6, Issue 2, September 2017, pp 17 - 28.
9. Rakesh Chandra, “GST & cooperative federation: Through the eyes of Indian
constitution”, International Journal of Advanced Research and Development, ISSN:
2455-4030, Volume 2; Issue 6; November 2017; Page No. 607-610.
10. Nikhil Pilnu, “Interpretation of taxing statute as strict construction and exemption”,
Legal Service India, ISBN No: 978-81-928510-1-3.
Cases for Guidance:
1. Indian Medical Association v. V.P. Shantha&Ors 1996 AIR 550, 1995 SCC (6) 651.
2. Mathuram Agrawal v. State of Madhya Pradesh Appeal (civil) 1990 of 1995.
3. UOI v. Azadi BachaoAndolan&Anr.(2004) 10 SCC 1.
4. A.V. Fernandez v. State of Kerala, [AIR 1957 SC 657].
5. Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613.
6. State of Travancore-Cochin v. Shanmugha Vilas Cashew Nut Factory 1953 AIR 333,
1954 SCR 53.
7. Chennai Properties and Investments Ltd. v. Commissioner of Income Tax [2015] 373
ITR 673 (SC).
8. CIT v. Smt. PelletiSridevamma 1976 105 ITR 887 AP.
9. Jagannath Hanumanbux v. ITO, (1957) 31 ITR 603 Cal.
10. Jay Bee Industries v. UOI, (CWP No.2169 of 2018 order dt. 16.11.2019).
321
11. Amit Cotton Industries v. Principal Commissioner of Customs (Gujarat HC).
12. Royal Care Speciality Hospital Ltd. (AAR Tamil Nadu).
13. Vinod Kumar Jain v. CIT 344 ITR 501 (P & H).
14. Chennai Properties and Investments Ltd. v. Commissioner of Income Tax [2015] 373
ITR 673 (SC).
15. Cape Brandy Syndicate v. I.R.C. (1 KB 64, 71)
Learning Outcome:
After completion of the course students will be able –

• To understand the meaning, nature and scope of tax along with its importance.
• To analyse the different kinds of taxes and understand the implications of them.
• To understand the sources of income and tax liability and exemption from tax
liability.
• To analyse the taxable event under GST and determine the levy of tax and understand
the procedural aspects embodied in both direct and indirect taxes.
322
CRIMINAL MINOR ACTS

Criminal minor acts are to gain a deeper understanding of the legal framework and processes
surrounding minor offenses. By studying this area of criminal law, students can develop a
comprehensive understanding of the elements that make up different types of minor offenses, as well
as the potential penalties and legal consequences associated with committing such offenses.
Additionally, studying criminal minor acts can help students gain insights into the criminal justice
system and how it operates, including the various stages of arrest, booking, and trial. Through this
knowledge, students can better understand their rights and obligations under the law, as well as how
to navigate the criminal justice system should they need to do so in the future. Overall, studying
criminal minor acts is an important component of a comprehensive education in criminal justice and
law.
• The student will gain an understanding of the legal framework surrounding minor offenses,
including the relevant laws and regulations that govern these types of offenses.
• The student will be able to identify the key elements that make up different types of minor
offenses, including the specific actions or behaviours that are prohibited by law.
• The student will be able to identify the potential penalties associated with committing minor
offenses, including fines, community service, and short-term imprisonment.
• The student will gain insights into the criminal justice system, including the different stages
of arrest, booking, arraignment, and trial. They will also understand how the criminal justice
system operates in relation to minor offenses, including the role of law enforcement,
prosecutors, and defence attorneys.
COURSE OUTLINE
MODULE I:
The State Emblem of India (Prohibition of Improper Use) Act, 2005
a) Introduction – Importance of criminal minor Act
b) The State Emblem of India (Prohibition of Improper Use) Act, 2005- Definition of the State
Emblem of India and its significance- Prohibition of improper use of the State Emblem of
India-Conditions for the use of the State Emblem for official purposes
c) Authorization process for the use of the State Emblem for commercial purposes-Penalties for
unauthorized use of the State Emblem
d) Procedure for filing complaints against unauthorized use of the State Emblem- Enforcement
and implementation of the Act by government authorities
e) Exceptions to the prohibition of the use of the State Emblem- Legal recourse available for
violations of the Act-Promotion of awareness among the public about the proper use of the
State Emblem.
MODULE II:
The Citizenship Act, 1955
a) Definition of citizenship and its types (by birth, descent, registration, naturalization)-
Eligibility criteria for Indian citizenship- Renunciation and termination of Indian citizenship-
Acquisition of Indian citizenship by birth, descent, and registration
b) Grant of Indian citizenship by naturalization- Dual citizenship and its implications-
Citizenship by marriage to an Indian citizen- Provisions for citizenship of children born
outside India to Indian parents
323
c) Rights and duties of Indian citizens- Cancellation of citizenship in case of fraudulent
acquisition or violation of national security
d) Overseas citizenship of India and its benefits- Simplification of the process of citizenship
application and verification
e) Establishment and functioning of authorities for citizenship-related matters- Amendment
process of the Citizenship Act
MODULE III:
Central Vigilance Commission Act, 2003
a) Establishment and functions of the Central Vigilance Commission (CVC)- Composition and
appointment process of the members of the CVC- Powers and duties of the CVC to
investigate and prevent corruption in public sector organizations
b) Jurisdiction of the CVC to inquire into allegations of corruption against public officials-
Complaints and grievances redressal mechanism for corruption-related issues- Prevention of
victimization of whistle-blowers and witnesses
c) Coordination between the CVC and other investigative agencies- Powers of the CVC to issue
directions for improving the efficiency of public sector organizations
d) Establishment of vigilance units in public sector organizations and their functions- Penalties
and disciplinary actions for corruption-related offenses
e) Role of the CVC in creating awareness and promoting ethical conduct in public sector
organizations- Monitoring and evaluation of the performance of the CVC and the
effectiveness of its actions- Amendments to the CVC Act and its implications
MODULE IV:
The Prevention of Corruption Act, 1988
a) Definition of corruption and related offenses-Types of corrupt practices, such as bribery,
extortion, embezzlement, and abuse of power-Liability of individuals and organizations for
corrupt practices
b) Powers and functions of anti-corruption agencies and their jurisdiction-Provisions for
prevention, investigation, and prosecution of corruption offenses- Special provisions for
public servants and their accountability for corruption offences
c) Protection for whistle-blowers and witnesses from victimization- Seizure and confiscation of
assets acquired through corrupt means- Penalties and punishment for corruption offenses
d) Mechanisms for asset declaration and transparency in public service- Collaboration with
international organizations for prevention and combating of corruption
e) Review and evaluation of the implementation of the Act and its effectiveness- Amendments
to the Act and its implications.
MODULE V:
The Narcotic Drugs and Psychotropic Substances Act, 1985
a) Definition of narcotic drugs and psychotropic substances and their classification- Prohibition
of production, manufacture, cultivation, sale, purchase, transportation, possession, and
consumption of narcotic drugs and psychotropic substances
b) Conditions for possession and use of narcotic drugs and psychotropic substances for medical
and scientific purposes- Establishment and functions of the Narcotics Control Bureau (NCB)
c) Powers and duties of law enforcement agencies to prevent and investigate drug-related
offenses- Confiscation and forfeiture of assets acquired through drug trafficking and other
illegal activities- Provision for special courts for the speedy trial of drug-related cases
324
d) Treatment and rehabilitation of drug addicts and related programs- Punishment and penalties
for drug-related offenses- International cooperation and coordination for combating drug
trafficking
e) Awareness and education programs for prevention of drug abuse- Review and evaluation of
the implementation of the Act and its effectiveness- Amendments to the Act and their
implications.
MODULE VI:
The Prevention of Food Adulteration Act, 1954
a) Definition of food and adulteration- Types of adulteration, such as addition of harmful
substances, substitution of ingredients, and use of substandard materials- Prohibition of
manufacture, storage, sale, and distribution of adulterated food
b) Establishment and functions of the Food Safety and Standards Authority of India (FSSAI)-
Powers and duties of food inspectors to prevent and investigate food adulteration cases-
Sampling, analysis, and testing procedures for food samples
c) Standards and labeling requirements for food products- Prevention of misleading
advertisements and claims regarding food products
d) Penalties and punishment for food adulteration offenses- Mechanisms for consumer
complaints and grievances redressal
e) Food safety awareness and education programs-Amendments to the Act and their
implications- Review and evaluation of the implementation of the Act and its effectiveness.
MODULE VII:
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
a) Definition of Scheduled Castes and Scheduled Tribes and their social, educational, and
economic status- Types of atrocities and offenses committed against Scheduled Castes and
Scheduled Tribes, such as rape, murder, humiliation, and discrimination
b) Prohibition of specific offenses and acts of violence against Scheduled Castes and Scheduled
Tribes- Special measures for protection and relief to victims and witnesses- Role and
functions of special courts and special public prosecutors for the speedy trial of cases
c) Establishment and functions of the National and State Commissions for Scheduled Castes
and Scheduled Tribes- Rights of victims and complainants under the Act
d) Compensation and rehabilitation for victims and their dependents- Prevention and monitoring
mechanisms for atrocities against Scheduled Castes and Scheduled Tribes
e) Awareness and sensitization programs for police, judicial officers, and public officials-
Review and evaluation of the implementation of the Act and its effectiveness- Amendments
to the Act and their implications.
MODULE VIII:
The Juvenile Justice (Care and Protection of Children) Act, 2015.
a) Overview of the Juvenile Justice (Care and Protection of Children) Act, 2015- Background
and objectives of the Act- Key provisions- Rationale behind its enactment.
b) Juvenile Justice System and Juvenile Boards- Structure of the juvenile justice system in
India-Role of juvenile boards -child welfare committees, and other relevant authorities.
c) Protection and Care of Children in Need of Care and Protection- care and protection of
children in need, including abandoned and orphaned children, children in conflict with the
law- victims of abuse and exploitation.
d) Juvenile Justice Process and Procedures- investigation, inquiry, and trial of juvenile
offenders- Rights of juveniles and the safeguards in place to protect.
325
e) Rehabilitation and Reintegration of Juvenile Offenders- types of rehabilitation programs
available- the role of various stakeholder- challenges involved in successful reintegration.
RECOMMENDED READING
Books
1. Huddar, A. P. (2018). The State Emblem of India (Prohibition of Improper Use) Act, 2005: A
Comprehensive Commentary. Universal Law Publishing.
2. Narayan, P., & Singh, A. (2017). Intellectual Property Law and Practice in India. Lexis
Nexis.
3. Baxi, U. (2016). Citizenship and the Constitution of India: Fluid Jurisprudence in an Unequal
World. Oxford University Press.
4. Chakraborty, R. (2017). Citizenship and the Law in India: Some Observations. Springer.
5. Jain, R. (2017). Central Vigilance Commission and its Role in Combating Corruption in
India. Springer.
6. Joshi, R. C. (2012). Vigilance: Concepts and Practices. Indian Institute of Public
Administration, Wadhwa Nagpur.
7. Srivastava, V. (2010). Law of Prevention of Corruption: with commentary on the Prevention
of Money Laundering Act. Bharat Law House.
8. Vohra Committee. (1993). Report of the Committee on the Narcotic Drugs and Psychotropic
Substances Bill, 1985. Government of India.
9. Sarin, R. (1996). Narcotic Drugs and Psychotropic Substances Act: Commentary. Deep &
Deep Publications.
10. Bhalla, G. S. (2004). Law relating to Prevention of Food Adulteration: Containing The
Prevention of Food Adulteration Act, 1954, The Fruit Products Order, 1955, The Meat Food
Products Order, 1973, The Milk and Milk Products Order, 1992. Universal Law Publishing.
11. Agarwal, S. K. (2008). The Prevention of Food Adulteration Act: An Overview. Indian Law
Institute.
12. Raj, A. (2004). Dalit rights and the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act: A critique. Indian Social Institute.
13. Babu, M. S., & Rathore, A. S. (2013). The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989: An Analytical Study. LexisNexis.
14. Kapoor, S. (2014). Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989: Critical Analysis. Book Corporation.
15. Juvenile Justice System in India: From Welfare to Rights by Ved Kumari (2016), ISBN: 978-
0199468883.
Journals/ Articles
1. Kumar, P., & Chauhan, R. (2019). The State Emblem of India (Prohibition of Improper Use)
Act, 2005: A Critical Analysis. International Journal of Innovative Science and Research
Technology, 4(12), 92-96.
2. Kumar, S. S. (2014). Trademark Law and Freedom of Speech: The Indian Experience.
Journal of Intellectual Property Rights, 19(3), 248-253.
3. Lahiri, S. (2016). Exploring the Citizenship Question in India. Journal of Contemporary Asia,
46(2), 289-304.
4. Sharma, P. (2017). Citizenship and Rights in India: A Comparative Analysis. Journal of
Social Science Studies, 4(2), 30-39.
5. Bhatia, S. (2019). Preventing Corruption through Central Vigilance Commission: A Review
of the Indian Framework. Journal of Anti-Corruption Law, 2(2), 123-136.
326
6. Jaiswal, N. (2015). The Central Vigilance Commission: Need for Reform. Indian Journal of
Public Administration, 61(2), 269-282.
7. Jayaraman, A., & Cragg, P. B. (1998). Political corruption and the role of the firm in
facilitated payments. Journal of International Business Studies, 29(1), 101-120.
8. Rose-Ackerman, S. (1999). Corruption and government: Causes, consequences, and reform.
Cambridge University Press.
9. Saha, S., & Garg, A. (2012). Narcotic Drugs and Psychotropic Substances Act and Indian
pharmaceutical industry. Current Science, 102(6), 883-887.
10. Maru, V. C. (2013). Drug laws and institutional racism in India. The Lancet, 382(9908), e21-
e22.
11. Jaiswal, S., & Siddiqui, M. K. (2013). Food Adulteration: A Serious Public Health Concern
in India. Journal of Food Science and Technology, 50(3), 563-567.
12. Ramachandran, P., & Palanivel, C. (2016). A study on the status of compliance of the
Prevention of Food Adulteration Act among the street food vendors of Coimbatore city.
International Journal of Community Medicine and Public Health, 3(1), 155-159.
13. Selvam, S., & Vijayakumar, M. (2012). Prevention of Atrocities against Scheduled Castes
and Scheduled Tribes in India: A Study with Special Reference to Tamil Nadu. Journal of
Contemporary Research in Management, 7(2), 25-36.
14. Zodge, V. D., & Kumbhar, A. G. (2016). Empowering Dalits through the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act. Journal of the Indian Law Institute,
58(1), 1-14.
15. "An Analysis of the Juvenile Justice (Care and Protection of Children) Act, 2015" by
Bhumika Aggarwal and Deepika Goyal in The Indian Journal of Law and Technology
(2016), Volume 12, Issue 2, Pages 113-128.
FURTHER READING
Books
1. Dewan, N. (2013). Trademark Law in India. Oxford University Press.
2. Kunal, K. C. (2017). Understanding Intellectual Property Law. Lexis Nexis.
3. Hussain, M. (2015). The Jurisprudence of Emergency: Colonialism and the Rule of Law.
University of Michigan Press.
4. Singh, S. (2018). Indian Citizenship: The Historical Development. Routledge.
5. Nigam, S. (2016). Central Vigilance Commission and Corruption Control in India. Kalpaz
Publications.
6. Pathak, S. (2019). The Central Vigilance Commission: Law and Practice. Eastern Book
Company.
7. Khandelwal, P. C. (2012). Prevention of Corruption Act: Law and Practice. Universal Law
Publishing.
8. Nigam, A. K. (2015). The Prevention of Corruption Act, 1988: With Prevention of Money
Laundering Act, 2002. Allahabad Law Agency.
9. Raghavan, N. (2004). Law of Narcotic Drugs and Psychotropic Substances. LexisNexis
Butterworths Wadhwa.
10. Sethi, R. P. (2013). The Narcotic Drugs and Psychotropic Substances Act: Commentary.
Universal Law Publishing.
11. Prasad, R. (2010). The Prevention of Food Adulteration Act, 1954: With Rules, Regulations,
and Allied Laws. LexisNexis.
12. Singh, J. (2012). Food Adulteration and Consumer Protection: A Study of Laws, Regulations
and Enforcement in India. Regal Publications.
327
13. Shukla, A. K. (2014). Law of Prevention of Atrocities against Scheduled Castes and
Scheduled Tribes: With Prevention of Atrocities Rules, 1995. Universal Law Publishing.
14. Kumar, S. (2017). Prevention of Atrocities against SC/ST Act: Rationale, Problems and
Solution. Atlantic Publishers & Distributors.
15. The Juvenile Justice (Care and Protection of Children) Act, 2015: A Comprehensive Guide
by Sangeeta Mahapatra and Abhilasha Kumari (2017)
Journal/ Articles
1. Reddy, P. (2012). The Indian Emblem Controversy: A Case of Overzealous Protection?
Journal of Intellectual Property Rights, 17(6), 516-522.
2. Sharma, M. (2015). An Analysis of Intellectual Property Protection in India: The State
Emblem and Names (Prevention of Improper Use) Act, 1950. International Journal of
Humanities and Social Science Invention, 4(4), 20-24.
3. Jha, A. (2019). Citizenship, Nationality and Identity: The Case of India. Nationalism and
Ethnic Politics, 25(4), 375-393.
4. Kaur, R. (2018). The Politics of Citizenship in India: A Review of Literature. Journal of
Political Science and Public Affairs, 6(1), 1-8.
5. Singh, V. (2018). Central Vigilance Commission: A Study of its Evolution and Role in India.
Journal of Public Administration and Governance, 8(4), 27-39.
6. Wadhwa, R. (2014). The Central Vigilance Commission: A Study of its Powers, Functions
and Role in Curbing Corruption. Journal of Public Administration and Policy Research, 6(8),
152-159.
7. Treisman, D. (2000). The causes of corruption: a cross-national study. Journal of Public
Economics, 76(3), 399-457.
8. Ades, A., & Di Tella, R. (1999). Rents, competition, and corruption. American Economic
Review, 89(4), 982-993.
9. Chopra, D. (2018). The Narcotic Drugs and Psychotropic Substances Act, 1985 and the
NDPS (Amendment) Act, 2014: An Appraisal. Journal of Indian Law and Society, 9, 1-12.
10. Sharma, A. K., & Saini, R. (2019). The Narcotic Drugs and Psychotropic Substances Act,
1985 and its impact on the Indian society. International Journal of Law, 5(5), 84-90.
11. Khanna, S., & Jain, S. K. (2019). Food Adulteration and Consumer Awareness in India: A
Study of the Bread and Bakery Products. The Indian Journal of Commerce, 72(1), 91-99.
12. Roy, A., & Kundu, R. (2020). A Review on Food Adulteration and its Legal Control
Measures in India. International Journal of Research in Pharmaceutical Sciences, 11(2),
1497-1508
13. Singh, M. K., & Kushwaha, H. (2019). The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989: An Analysis of the Challenges Faced by the
Enforcement Machinery. International Journal of Humanities, Arts, Medicine and Sciences,
7(3), 32-41.
14. Singh, A. (2020). Prevention of Atrocities against Scheduled Castes and Scheduled Tribes: A
Legal Analysis. Journal of Legal Studies and Research, 6(1), 120-129.
15. "Exploring the Implementation of the Juvenile Justice (Care and Protection of Children) Act,
2015: A Case Study of Delhi" by Anjali Sharma in the Indian Journal of Criminology and
Criminalistics (2018), Volume 39, Issue 2, Pages 227-240.
CASES FOR GUIDANCE

1. State of Tamil Nadu v. State Emblem Protection of India, (2014) 4 SCC 713.
2. Union of India v. Kanhiya Lal, (2013) 10 SCC 791.
328
3. State of Kerala v. Ashwini Kumar, (2015) 9 SCC 129.
4. Indian Performing Rights Society Ltd. v. Eastern Indian Motion Pictures Association, (2019)
SCC OnLine Cal 4709.
5. Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225.
6. Anwar Ali Sarkar v. State of West Bengal, (1952) SCR 284.
7. Election Commission of India v. Ashok Kumar Jain, (1995) 4 SCC 152.
8. Union of India v. Sukumar Pyne, (2011) 5 SCC 379.
9. Vineet Narain v. Union of India, (1998) 1 SCC 226.
10. CBI v. Anupam J. Kulkarni, (1992) 3 SCC 141.
11. Satish Sharma v. Indian Oil Corporation Ltd., (2008) 8 SCC 488.
12. Ram Krishna Dalmia v. Justice Tendolkar, AIR 1958 SC 538.
13. State of Maharashtra v. Ravikiran Shetty, (2010) 9 SCC 1.
14. K. Veeraswami v. Union of India, (1991) 3 SCC 655.
15. Vineet Narain v. Union of India, (1998) 1 SCC 226.
16. Anil Kumar v. State of Bihar, (2017) 7 SCC 750.
17. Mohd. Maqbool Damnoo v. State of J&K, (2012) 10 SCC 741.
18. Pardeep Kumar v. State of Rajasthan, (2016) 8 SCC 281.
19. Shiv Kumar v. Narcotics Control Bureau, (2008) 10 SCC 517.
20. State of Punjab v. Baldev Singh, (2011) 13 SCC 656.
21. Municipal Corporation of Delhi v. Laxmi Narain Tandon, AIR 1976 SC 1947.
22. V.K. Chawla v. State (Delhi Administration), AIR 1985 SC 582.
23. Hindustan Unilever Ltd. v. State of Madhya Pradesh, (2004) 9 SCC 438.
24. M/s National Egg Co-ordination Committee v. Union of India, (2014) 10 SCC 772.
25. Dr. Subhash Kashinath Mahajan v. The State of Maharashtra, (2018) 6 SCC 454.
26. Union of India v. Subhash Chandra Bose, AIR 1992 SC 605.
27. State of M.P. v. Ram Krishna Balothia, AIR 1995 SC 1926.
28. E. Kalaivani v. Inspector of Police, (2013) 10 SCC 383.
29. Jitendra Singh v. Union of India and others, (2019) 13 SCC 80.
30. Subhash Popatlal Dave v. Union of India and others, (2018) 2 SCC 497.
Learning Outcomes
1. Understanding the legal framework and provisions of criminal minor acts in India
2. Identifying and analysing different types of minor offenses and their penalties
3. Evaluating the role and functions of law enforcement agencies, courts, and other stakeholders
in the administration of criminal justice for minor offenses
4. Developing knowledge and skills to prevent, investigate, and prosecute minor offenses
effectively
5. Enhancing critical thinking and problem-solving abilities to address issues related to minor
offenses and their impact on society.
329
DRAFTING, PLEADING, CONVEYANCING AND CHAMBER VISIT
(Clinical Course -III)
Drafting means a composition or writing of a document in common parlance. In a legal
profession drafting is an art which means a legal drafting includes various form of legal
composition. In a lawyering drafting of legal notice shall be an inevitable. In every
lawyering preparation of legal notice shall be at a first level. In order to plead before the
court drafting of pleading includes criminal, civil and other kind of pleadings it is to be
prepared in accordance with provisions of law. Usually pleadings are statements drawn by
parties either the party who sued or the opponent sometimes third party (Third Party
Affidavit). The pleading shall be specific and must not be conflict with governed procedure
allowed in the court. The purpose of pleadings rule shall be access to justice and to prevent
multiplicity of proceedings. Conveyancing is the process in which parties are transferring
their legal title or legal entitlement of a property. Conveyancing a document is governing
under a prescribed form derived in a law of conveyancing like sale deed, gift deed and
other form of documents. This course must be substantially considerable of a lawyering and
legalpractice.
COURSE OUTLINE
a. Drafting – the meaning, scope and significance
b. Legal drafting – Legal notice, Sec.138 N.I Act notice, Suit Notice, Matrimonial issues
Notice, M.V. Act cases Notice, Reply Notice –
c. Complaint – depth knowledge in legal language and legal writing – use appropriate legal
terminology – purpose of notice – time prescribed in notice – appropriate remedyrequired
Module – II: Pleadings – Civil Pleadings – Substantive provisions (theoretical approach) and
Forms (practical exercise)
a. Meaning, Scope and significance – civil pleadings
b. Trial court pleadings: Plaint, Written Statement, L R Petition, Counter petition, Affidavit,
Execution Petition, Interlocutory Application, Sub-Application,
c. Appellate court pleadings: Civil Appeal, First Appeal, Second Appeal, Civil Revision
Petition, Appointment of Advocate Commissioner, Restoration Petition, Adjournment Petition
Module – III: Pleadings – Criminal Pleadings – Substantive provisions (theoretical approach) and
a. Meaning, scope and significance – criminal pleadings
b. Prosecution Pleading – Police custody petition, Petition for withdrawal from prosecution,
Criminal Appeal from prosecution, Counter Affidavit filed by prosecution –
c. Defense Pleading – Bail Petition, Anticipatory Bail, Discharge Petition, Criminal Appeal
from conviction – other petitions – Quash Petition
d. Third party pleading - Return of Property petition, intervener petition, transfer of
criminal cases, Direction petition,
330
Module – IV: Pleadings – Appellate Side, Original Side Pleadings and High court and Supreme
Court pleadings (theoretical approach and practical exercise)
a. Civil Miscellaneous Appeal,
b. Civil Miscellaneous Petition,
c. Writ Petitions and Habeus CorpusPetition, Writ Appeal
d. Civil Suit, Original Petition,
e. Company Petition,
f. Criminal Original petition,
g. Public InterestLitigation
Module – V: Pleadings – Other Pleadings – Substantive provisions (theoretical approach) and
a. Private complaint,
b. Matrimonial cases petition,
c. Motor Accident Claimant Original Petition,
d. Rent Control Original Petition,
e. Labour Issues Petition
Module VI: Conveyancing – General principles
a. Meaning, scope and significance, elements and components of deed, Registration –
Compulsory registration, optional registration and not necessary to register –
b. Stamp Act – types of stamps – judicial stamp and non-judicial stamp, impressed stamp
and adhesive stamp – rights of property - transferable and non-transferable properties
Module – VII: Conveyancing – Substantive provisions (theoretical approach) and Deeds
(practical exercise)
a. Sale Deed – Agreement for sale and Agreement of sale,
b. Gift Deed and Power of Attorney – within family members and others,
c. Mortgage Deed – Classification of Mortgage, registration of Mortgage and its stamp duty
–
d. Lease and Licence –
e. Testamentary deeds: Will – Partition Deed – Settlement Deed,
f. Hire purchase Agreement,
g. Cancellation Deed,
h. Release Deed and other deeds
Module – VIII: Chamber visit – Chamber visit report (practical exercise)
a. Introduction-Purpose of the chamber visit
b. Observation of Law Chamber
331
c. Maintenance of Law Chamber
d. Structure of The Law Chamber
e. Function of Law Chamber Staff and Juniors
f. Maintenance of client details and cases
g. Observation of client discussion and legal opinion
Apart from explaining the relevant substantive provisions of law in a theoretical method / lecture
method of teaching, this is a practical and clinical course so class room exercise may include 15
practical exercise in pleadings and 10 practical exercise in conveyancing and each exercise may
carry 2 marks, hence total 50 to be awarded in a practical approach of every student. Chamber visit -
30 marks, viva-voce -10 marks, 5 marks for mid – semester and 5 marks shall be for attendance.
Hence total marks shall be 100. This course is a clinical paper hence it is an internal assessment of a
student.
1. Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC,Lucknow.
2. KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad,2004.
3. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006, EBC,Lucknow.
4. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal Law
Publishing Co. PvtLtd.,Delhi.
5. Justice Thakker, Code of Civil Procedure, 5th Edn - 2007, EBC,Lucknow
Statues for reference in substantive provisions and Forms

1. Code of Civil Procedure, 1908
2. Code of Criminal Procedure,1973
3. Transfer of Property Act,1872
4. Indian Contract Act,1872
5. Motor VehiclesAct
6. Appellate SideRules
7. Original SideRules
8. RegistrationAct
9. StampAct
10. Civil and Criminal Rules ofPractice
E – Source
www.tnregin.in( Guideline value, Encumbrance and other e services)
Cases for Guidance:
1. Lakshmi Narayan DeoVasti Temple v. Narayan F. Marathy (1995) 2 Bom CR610
2. PrabodhVerma v. State of UP (1984) 4 SCC251
3. Someswer v. Tribhuban AIR 1934 PC130
4. NarinderNath v. Jaswant Singh AIR 1994 P&H 111
5. Syed Muhammed v. Fattah Muhammed ILR 22 Cal. 324(PC)
6. Viswanath v. Ram Narayan AIR 1940 All405
7. TikaKhawas v. Pasupathi AIR 1986 Sikk.6
332
8. Motilal v. Yudhistir AIR 1950 PC73
9. Brijlal v. Parvathy AIR 1982 Del.114
10. Firm Gopal & Co. Ltd v. Firm Hazarilal AIR 1963 MP37
11. Keshab Rao v. Chandrabhan AIR 1980 Bom380
12. OnkarNath v. Vedvyas 1978 Ren.CR 408 (HP)
13. IyakkuMatho v. Julius Elias Metropolitan AIR 1962 Ker19
14. Rooplal v. Nachhittar AIR 1982 SC1559
15. A K Gupta v. DVC AIR 1967 SC961
16. G. Nagamma v. Siromanamma (1996) 2 SCC25
17. Phula Devi v. MangtuMaharaj AIR 1969 Pat 284
18. Jagjiban Das v. Gunan Bhai AIR 1967 Guj1
19. N.Naidu v. K.Naidu AIR 1969 Mad329
20. N.Naidu v. K.Naidu AIR 1969 Mad329
21. Jogeshwar v. Sheopujan AIR 1986 Pat35
22. State of Maharatsra v. Glaxo 1979 Bom CR321
23. Raghunath Das v. Union of India AIR 1969 SC674
24. State of MP v. Lajjaram AIR 1961 MP 339
Learning Outcomes
It is a practical and clinical course hence the student community has to learn not only
from the text but also practical approach must be required. Experienced and learned
advocates are used to take part in teaching this course. After successful completion of
this course, the students shall be equipped to start / establish a law firm and will co-
ordinate registration work. Here the document writer or an advocate who is empowered
to draft deeds. The deed shall have certain legal conditions and other formalities these
are governed by law of contracts, property law, land laws, registration act, stamp act and
other legal provision of law. In digital India, the form of conveyancing has been
digitalized and the registration department has uploaded all type of deeds in their portal
to make easy access of conveyancing to every citizen. The law students shall have depth
knowledge in this subject matter and to understand the nature of drafting in pleadings
and conveyancing. After successful completion of law degree students will take practice
before the court drafting of pleading is most necessary.
333
LAW - CHAMBER VISIT REPORT
(Annexure -1)
NAME OF THE ADVOCATE:

ADVOCATE ADDRESS:
DATE:
DAY AND TIME:
CHAMBER OBSERVATION
NUMBER OF CLIENTS VISITED:

NUMBER OF CASE DISCUSSED:
CLIENT NAME AND DETAILS *:
CASE TYPE:
CASE FACT:
SENIOR ADVOCATE OPINION:
334

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SCHOOL OF EXCELLENCE IN LAW

REVISED CURRICULUM (2024-2025)

B.Com. LL.B Hons Degree Course

Course of Law,Course Component, Examination Regulations and Syllabus

I. Under Graduate Course of Law

1. Under Graduate Courses of Law:

2. Objectives of Revised Curriculum:

3. Extent and Application

1. B.Com.LL.B(Hons.) Course : Number of Subjects

2. Choosing Hons. Specialized Course in Law Subjects for B.Com.LL.B. Hon’s.

The following are the components of the practical papers:

1. Longish Paper (Research Oriented Paper ): 50 marks

• Miscellaneous Rules of Eligibility for Admission and Syllabus:

• Removal of Doubts and Difficulties:

• Abbreviations used in Subject Codes:

S.No Subject Subjects

S.No Subject Subjects

S.No Subject Subjects

S.No. Subject Subjects

S.No. Subject Code Subjects

S.No. Subject Code Subjects

46 Alternative Dispute Resolution Policy

52 Mock Court and Court Training Programme

58 Drafting, Pleading, Conveyancing and Chamber Visit

1. Internal and External components will be in the ratio of 30:70.

2. Internal Components: 30 Marks

• Mid Semester - 10 Marks

External Components: 70 Marks (Question Paper pattern of the End SemesterExam)

• Part A – Essay Type-Answer any 2 out of 3 questions (12 Marks x 2= 24

• Part A – Essay Type-Answer any 2 out of 3 questions (12 Marks x 2= 24

• All the internal assessment components shall be completed prior to a fortnight

3. Class attendance shall carry a maximum of 5 marks which is as follows:

Module-1- (Prose) (2x 10=20 marks) 15hrs.

Moots and Mock Trial Glanville Williams

Module-2 – (Speeches of Eminent Leaders) (2x 7=14 marks) 15hrs.

Module-3 – (Genesis & Development of English Language) (3x4=12marks) 10hrs.

Objectives of the course

Module II: Operating System

Module III: Word Processing

Module IV: Spreadsheet Package

Module V: Presentation Package

b) https://learn.ni.com › teach › resources › teaching-digital-logic-fundamentals

• Understand the principles of Operating system

Objectives of the Course

Module I Introduction to Economics

a) Meaning – Definitions- Wealth, Welfare and Scarcity Views of Economics

Module II Demand and Supply Analysis

a) Meaning – Definition- Types- Functions of Demand

Module III Theory of Consumer Behaviour Analysis

a) Meaning - Factors of Production

Module V Principles – Money and Finance

a) Concepts of Money- Function of Money - Demand for Money

Module VI Theory of International Trade and Economic Institutions

7. Frank, C. (1969). Substitution and Price Discrimination. In Production Theory and

Objectives of the Course

Module I: Basics of Accounting

Module II: Hire Purchase System

Module III: Accounting Standards

Module IV: Amalgamation, Absorption and Reconstruction