LL.M.
|
||||||||
|
LL.M. General Course StructureFirst Semester: 400 marks Compulsory: 1. Indian Constitutional Law: 100 Marks 2. One Group from the optional Groups I to XVIII: Three Papers- 100 marks each paper Second Semester: 400 marks 1. Compulsory: Legal Education and Research Methodology: 100 marks 2. One Group other than the one offered and in I Semester from the optional Groups I to XVIII. : Three Papers – 100 marks each paper. Third
Semester: 400 marks 1. Compulsory: Law and Social Transformation in India: 100 Marks 2. One Optional Group other than the one offered and in First Semester and Second Semester from the optional Groups I to XVII. : Three Papers: 100 marks each Paper 3. Dissertation: - Fourth
Semester: 400 marks 1. Compulsory: Judicial Process: 100 marks 2. Dissertation (continued): 200 marks 3. Viva – Voce: 100 marks Note: 1. With the prior permission of the Dean, Faculty of Law, candidate shall be allowed to offer one of the optional groups in one semester for which teaching facilities are made available. 2. The provision for the teaching of an optional group shall not be available in both the semesters of the same Academic Year. SCHEDULE
B: OPTIONAL GROUPS Group I: Constitutional Law: Paper I: Constitutionalism and Constitutional Development in India and England Paper II: Comparative and Cooperative Federalism Paper III: Civil and Political Rights - Comparative Study of Select Constitutions Group II: Family Law: Paper I: Hindu Law including Hindu Jurisprudence Paper II: Muslim Law including Muslim Jurisprudence Paper III: Christian and Parsi Laws and Jews Laws Group III: Torts: Paper I: Development of Law of Torts and Tort actions generally Paper II: Specific Torts I Paper III: Specific Torts II Group IV:
Crimes: Paper I: Criminology and Penology/ Drug Addiction Criminal Justice and Human Rights Paper II: Criminal Law in India/ Privileged Class Deviance Paper III: Crimes against Social and Economic Security and Problems of their Control/ Cyber Crimes/ Collective Violence and Criminal Justice System. Group V:
International Law: Paper I: Law of Treaties/ Diplomatic and Consular Relations/ Law Relating to Outer Space Paper II: International Court of Justice / Law of Seas/ International Arbitration Paper III: India and International Law Group VI: Contract and Insurance: Paper I General Principles of Contract/ Law of Export & Import Regulation Paper II: Specific Contracts/ Corporate Finance Paper III: Insurance/ Banking Law Group VII: Administrative Law: Paper I: Administrative Law in India I Paper II: Administrative Law in India II/ Local Self Government Law Paper III: Comparative Administrative Law Group VIII: Business Administration: Paper I: Business Organization Paper II: Business
Management ( Companny Management and Administration ) Paper III: Law Relating to Multinational Corporation. Group IX: Labour Management Relations: Paper I: Regulation of Labour Management Relations/Comparative Study of the Law Relating to Trade Unions Paper II: Law Relating to Employment and Non-Employment Paper III: Law Relating to Terms of Employment and Conditions of Service Group X: Taxation: Paper I: Constitutional and Administrative Law Problems relating to Taxation Paper II: Tax on Business and Industry Paper III: Current Tax Problems/Tax Accountancy Group XI: Regulated Economy: Paper I: Legal Regulation of Economic Enterprise Paper II: Regulation of Labour Management Relations Paper III: Corporate Finance/Tax Accountancy Group XII: Administration of Justice Paper I: Law relating to Jurisdiction and Systems of Courts in India Paper II: Law relating to Procedure and Proof Paper III: Law relating to Relief Group XIII Human Rights: Paper I: International Law of Human Rights Paper II: International Humanitarian Law/ Human Rights and the Refugees Paper III: Human Rights in India
Group XIV: Environmental Law: Paper I: International Environmental Law Paper II: Natural Resources and the Law in India Paper III: Pollution Control Law in India Group:
XV: Intellectual Property:
Paper I: Copy Right: National and International Perspective Paper II: Trade Marks, Designs and Geographical Indications Paper III: Patents and Protection of Plant Varieties and Farmers’ Rights XVI: Law, Science and Technology: Paper I: Law, Technology, Biotechnology and Medicine Paper II: Information Technology and Legal Order Paper III: Nuclear Technology: Dilemmas of Legal Controls. Group XVII: Jurisprudence: Paper I: Theories of Law (including Feminist Theory) Paper II: Theories of Justice Paper III: Theories of Rights Group XVIII: New Economic Law: WTO in Context Paper I: Development and Regulation of International Trade Paper II: Legal Regulations of Economic Enterprises Paper III: Legal Regulations of International Trade Group XIX: Alternate Dispute Resolution SystemPaper I: Domestic and International Commercial Arbitration. Paper II: Enforcement of Foreign Award and Conciliation in India. Paper III: Mediation, Lok Adalats and Consumer forum. SCHEDULE A : COMPULSORY PAPERS First SemesterCompulsory Paper: Indian Constitutional Law1. Indian Federalism: Conceptual position of Federalism. Nature of the Indian Constitution. Cooperative Federalism. Relationship of trust and faith between center and state. Challenges before the Indian Federalism. 2. Distribution of Legislative Powers: The Scheme of the distribution of legislative powers in India the judicial approach and the present position. Recommendation of Sarkaria Commission & Venkatachaliah Commission.. 3. The Judiciary: The Supreme Court of India. Jurisdiction and Powers. Its role as guardian of the Constitution. 4. Right to Equality: Scope of the right to Equality. New approach of Article 14. Equality of opportunity in matters of public employment and in admission to educational institutions. 5. Freedom of Speech and Expression: The area of freedom and its limitation. Freedom of Press and challenges of new scientific development. 6. Emerging regime of new Fundamental Rights: The changing dimension of right to life and Personal Liberty. Reading Directive Principles and Fundamental Duties into Fundamental rights. 7. Right to Freedom of Religion: The scope of the freedom and the State Control. Secularism and religious fanatism. 8. Working of the Constitution: Achievements and failures. Areas of concern and challenges before the Constitution. The perception of National Commission to Review the Working of the Constitution. Second Semester
Compulsory Paper: Legal Education and Research
Methodology. Part-A: Legal Education. (25%) 1. Objectives of Legal Education. 2. Lecture method of teaching. Merits and Demerits. 3. Discussion method and Seminar method of Teaching. 4. Examination system and problems in evaluation. Part B: Research Methodology (75%) 1. Meaning and objectives of Research. Importance of Research Kinds of Research. Criteria of good research. Problems of Researchers in India. 2. Importance of Research Methodology. Procedural guidelines regarding the Research Process. Formulation of the Research problem. Different Steps. 3. Survey of the literature. Working Hypothesis. Determination of Sample Design. Collection of Data and its analysis. Test of Hypothesis. 4. Different Steps in writing of Research Report. Layout of Research Writing. Preliminary. Main Test. Conclusion and Observation. 5. Mechanics of writing a Research Report. Practical aspect. Physical design. Treatment of quotation. Footnotes. Documentation style. Abbreviations. Bibliography. Index etc. Third Semester Compulsory Paper on Law and Social Transformation
in India. 1 Interaction of Law and Social Sciences 2. Impact of Social Development of Law 3. Law as an instrument of Social Change 4. Legal Idealism and the Sociological approach to Law 5. Social Morality and Legal Order 6. Role of Law, the individual and the welfare state 7. Role of Law and the function of lawyer 8. Economic, Social and Political Reforms and the Law: Modernization and the Law. Fourth SemesterCompulsory Paper: Judicial Process 1. The concept of justice and relation between Law and Justice. the concept of ‘Dharma’ in Indian thought. ‘Dharma’ as the foundation of legal ordering. Various theories of justice in the Western thought. 2. The nature of Judicial Process. Judicial process as an instrument of social ordering. Judicial process and creativity in law. The tools and techniques of judicial creativity and precedents. 3. Judicial Process in India. Indian debate on the role of judges and on the notion of judicial review. Danger signals and New challenges before the Indian Judiciary. 4. Independence of judiciary and the nature of judicial process. Provisions of the Indian Constitution guaranteeing Independence of judiciary. Attitude of confrontation with the Legislature & Executive. Appointment & transfer of judges and its effect on independence of judiciary. 5. Judicial Activism and Constitutional obligations of the court. Evolution of the concept. Reasons in defense of judicial activism. Constitution of India and judicial activism. Role played by the Supreme Court of India. The tools and techniques of the judicial activism. Need for care and caution. 6. Decision making in the Supreme Court of India: Nature of participation- Dissent, concurrence, unanimity and voted with majority etc. SCHEDULE B: OPTIONAL GROUPS Optional
Group I : Constitutional Law Paper
I: Constitutionalism and Constitutional Development in India and England. 1. What is a Constitution? Constitution, Constitutional Law and Constitutionalism. Concept of Limited Government and limitations on government power. Conventions of constitutionalism- Law and conventions. Historical evaluation of constitutional government in India and England. 2. Rule of Law. Concept and new horizons; Separation of powers. Concept and its applicability in India and England. 3. Sovereignty of British Parliament, Powers and Functions Privileges of the Parliament and Courts- Indian and British position. 4. The King of England. Prerogatives of the Crown. Position of the Kind in England. Cabinet System of government in India and England. 5. The Judicial system in England. Crown Proceeding Act 1947. Judicial Review and Constitutionalism in India. Prerogative writs. Paper II: Comparative and
Cooperative Federalism. 1. Concept of Federalism. Requisite conditions of federalism Patterns of federal government of U.S.A. and Australia. Federal Control v. State autonomy. 2. Indian Federal Constitution and its present shape. 3. The changing dimension of modern federal Constitutions New trends in federalism. National supremacy. Cooperative Federalism. 4. The scheme of the distribution of legislative powers in India and a comparative study of the scheme of U.S.A. and Australia. The specific legislative powers: Defence & External affairs. 5. Emergency provisions. Effect of Emergency on the federal structure. Judicial approach. Indian and American experiences. 6. Judicial Review for federal Umpiring. Scope of judicial review in the federal Constitutions. The approach of Indian & American Supreme Court. 7. Scope of Constituent power. Amending process and process in action. Judicial response. The direction of the Indian constituent power. Paper
III: Civil and Political Rights: Comparative Study of Select Constitution
(India, United States of America and United Kingdom) 1. Constitutional basis for protection of Individual rights. Balance between individual liberty and social needs. To whom and against whom Rights are available. Suspension of Rights. 2. Right to Equality. General principles. Protective discrimination with special references to emerging judicial response to the problems of group inequalities. Comparative study of the decisions of the Indian and American courts. 3. Freedom of Speech and Expression: Special attention will be paid to the liberty of Press as interpreted by the Indian Supreme Court and to the interpretation of the freedom guaranteed by the First Amendment of the American Constitution. 4. Right to life and Personal Liberty: Judicial determination of the scope of the term “personal liberty’, “procedure established by law” and the American expressions “liberty’ and ‘due process”. Radical changes in judicial thinking in this area. 5. Freedom of Religion Judicial interpretation of the freedom under the Constitution of India and of the United States. 6. Amendment of Rights: Adaptability of the Constitutional law to the changing needs of the society. Power and Procedure for amendments of these rights under the American and Indian constitution. 7. Elections and the Franchise: Constitutional foundation of the right to vote. The voting rights Acts. Judicial supervision of Elections. OPTIONAL GROUP II- Family Law Paper I: Hindu Law including Hindu Jurisprudence 1. Basic Principle of Hindu Jurisprudence 2. Sources of Hindu Law 3. Concept of Marriage under Hindu Law 4. Matrimonial Remedies a) Nullity of Marriage b) Restitution of Conjugal Rights c) Judicial Separation d) Divorce 5. Changing Concept of Adoption: From religious to secular 6. Inheritance a) Historical perspective b) Succession to property of a Hindu male dying intestate under the Hindu Succession Act, 1956. c) Devolution of Interest in Mitakshara Coporcenary under the Hindu Succession Act.1966. d) Succession of property of Hindu female dying intestate. e) General principle of Succession. 7. Minority & Guardianship under the Minority & Guardianship Act, 1956. 8. Maintenance of wife, children, Parents. 9. Joint family & coparcenary Paper II- Muslim Law including Muslim Jurisprudence 1. Basic Principle of Muslim Jurisprudence 2. Sources of Muslim Law 3. Schools of Muslim Law 4. Law of Marriage 5. Law of Dower 6. Maintenance 7. Divorce under Muslim Law 8. Dissolution of Muslim Marriage Act. 9. Paternity & legitimacy 10. Law of Inheritance 11. Uniform Civil Code Paper III Christian & Parsi and Jews LawsChristian & Parsi Law of Marriage , Divorce and Successions 1. Essentials of Marriage 2. Divorce 3. Nullity of marriage 4. Judicial Separation 5. Alimony 6. Custody of Children 7. Intestate succession of Parsis
8. Intestate succession other than Parsis Optional Group III: Law
of Torts Paper
I: Development of Law of Torts and Tort actions generally. 1. Evolution of Law of Torts 2. Definition, nature, scope and objects 3. Principles of liability in torts 4. Justification in Tort 5. Extinguishment of liability in certain situations 6. Standing 7. Vicarious liability 8. Doctrine of sovereignty and its relevance in India. 9. Absolute Strict liability 10. Legal Remedies Paper II. Specific Torts- I 1. Assault, batter, mayhem False imprisonment 2. False imprisonment 3. Defamation 4. Malicious prosecution 5. Trespass to land, trespass to goods, detinue, conversion. 6. Injurious falsehood, misstatements, passing off- Paper III- Specific Torts II 1. Negligence: (a) Basic concepts (b) Theories of negligence (c) Standards of care, duty to take care carelessness, inadvertence (d) Doctrine of contributory negligence (a) Res ipsa loquitor and its importance in contemporary law (b) Liability due to negligence-different professionals. (c) Liability of common causes for negligence. 2. Nervous shock. 3. Nuisance: definition, essentials and types 4. Acts which constitute nuisance-obstructions of highways, pollution of air, water, water, noise, and interference with light and air. 5. Liability due to negligence- different professions- under the consumer protection Act. 6. Liability of manufacturers and business houses for their products under the consumer Protection Act. Group IV:
Crimes: Paper I: Criminology and Penology I. Criminology- Definition, Nature, Scope and utility II. Methods of Criminological Studies III. Schools of Criminology: Classical, Biological Cartographic, Sociological and Socialist. IV. Theorising Criminal aetiology : Lombroro and Neo- Lombrosian, Psycho-analysis, Differential Association, Anomie Tradition; Critical Criminology with reference to Labeling, Interactionism and Conflict Theory V. A brief discussion on Modern Trends in Criminology: Phenomenology, Postmodernism and Feminism Crime and Feminism. VI. Punishment: Concept and Theories VII. Death Sentence VIII. Treatment of offenders: Prison, Probation and Parole IX. Victimology. OR Paper I: DRUG ADDICTION,
CRIMINAL JUSTICE AND HUMAN RIGHTS 1.
Introductory Basic conceptions, Drugs “narcotics” “psychotropic substances”, “dependence,” “addiction”, “Crimes without victims. “Trafficking” in “drugs” “Primary drug abuse”. 2.
How Does One Study the Incidence of Drug Addiction and Abuse? Self reporting, Victim-studies, Problems of comparative studies 3.
Anagraphic and Social Characteristics of Drug Users Gender, Age, Religiousness, Single individuals/cohabitation, Socio-economic level of family, Residence patterns ( urban/rural/urban), Educational levels, Occupation, Age at first use, Type of drug use, Reasons given as cause of first use, Method of intake, Pattern of the – Use, Average Quantity and Coast, Consequences on addict’s health ( physical/psychic) NOTE: Since no detailed empirical studies exist in India, the students should be sensitized by comparative studies. The principal objective of this discussion is to orient the students to a whole variety of factors, which interact in the ‘making’ of a drug addict. 4.
The International Legal Regime Analysis of the background, text and operation of the Single Convention on Narcotic Drugs, 1961, 1972, Analysis of the Convention on Psychotropic Substances, 1972, International collaboration in combating drug addiction. The SARC, and South-South Cooperation, Profile of international market for psychotropic substances 5.
The Indian Regulatory System Approaches to narcotic trafficking during colonial India, Nationalist thought towards regulation of drug trafficking and usage, The penal provisions ( under the IPC and the Customs Act), India’s role in the evolution of the two international conventions, Judicial approaches to sentencing in drug trafficking and abuse. the Narcotic Drugs and Psychotropic Substances Act, 1985, Patterns of resource investment in India: policing adjudication, treatment, aftercare and rehabilitation. 6.
Human Rights Aspects Deployment of marginalized people as carrier of narcotics, The problem of juvenile drug use and legal approaches, Possibilities of misuse and abuse of investigative prosecutory powers, Bail, The problem of differential application of the Ugal Regimes, especially in relation to the resource less. 7.
The Role of Community in Combating Drug Addiction Profile of Community initiatives in inhibition of dependence and addiction ( e.g. de addiction and aftercare), The role of educational systems, The role of medical profession, The role of mass media, Initiatives for compliance with regulatory systems, Law reform initiatives. Paper II: Criminal Law in India. 1. Crime and Criminal Law 2. Elements of Crime: External and Internal Intention, Recklessness, Negligence; Relevance of Motive; Strict Liability. 3. Joint and Constructive Liability 4. Preliminary offences: Attempt; Criminal conspiracy; Abetment 5. Defences: i) Mistake ii) Necessity iii) Intoxication iv) Unsoundness of mind v) Consent vi) Compulsion by Threat vii) Superior order viii) Private Defence 6. Offences Against Human Body i) Culpable Homicide and Murder ii) Kidnapping and Abduction 7. Offences Against Property: i) Theft ii) Robbery 8.. Offences Against Marriage: i) Bigamy ii) Adultery 9. Offence against Morals: Obscenity. 10. Offence against state: Sedition. OR Paper II:
Privileged Class Deviance 1.
Introduction: 1. Conceptions of white-collar crimes 2. Indian approaches to socio-economic offences 3. Notions of privileged class deviance as providing a wider categorization of understanding Indian development. 4. Typical forms of such deviance 5. Official deviance (deviance by legislators, judges, bureaucrats) 6. Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects and publishers 7. Trade union deviance (including teachers, lawyers/urban property owners) 8. Landlord deviance (class/caste based deviance) 9. Police deviance 10. Deviance on electoral process (rigging, booth capturing, impersonation, corrupt practices) 11. Gender-based aggression by socially, economically and politically powerful. 2. Official Deviance 1. Conception of Official deviance- permissible limit of discretionary powers. 2. The Chambal valley dacoit Vinoba Mission and Jai Prakash Narain Mission- in 1959 and 1971. 3. The Chagla Commission Report on LIC-Mundhra Affair 4. The Das Commission Report on Pratap Singh Kairon 5. The Grover Commission Report on Dev Raj Urs 6. The Maruti Commission Report 7. The Ibakkar-Natarajan Commission Report on Fairfax. 3. Police Deviance 1. Structures of legal restraint on police powers in India 2. Unconstitutionality of “third-degree” methods and use of fatal force by police. 3. “Encounter” killings 4. Police atrocities 5. The plea of superior orders 6. Rape and related forms of gender-based aggression by police and para-military forces. 7. Reform suggestions especially by the National Police Commission 4.
Professional Deviance 1. Unethical practices at the Indian bar 2. The Lentin Commission Report 3. The Press Council on Unprofessional and Unethical journalism 4. Medical malpractice. 5. Response of Indian Legal Order to the Deviance
of Privileged Classes 1. Vigilance Commission 2. Public Accounts Committee 3. Ombudsman 4. Commissions of Enquiry 5. Prevention of Corruption Act, 1947 6. The Antulay Case. Paper III: Crimes Against Social & Economic Security and Problems of their Control. 1.
The concept of Social and Economic Offences. 2.
The Distinction between Traditional Offences and the Socio
Economic Offences. a. Principles of Traditional Criminal Jurisprudence. b. Special features of Socio-Economic c. Offences. Socio Economic offences and white collar crimes. 3. Prevention of Socio Economic Crimes and Major constraints in the Implementation of Law Relating to Socio Economic Offences. 4.
Dowry As a Social Evil. i. Origin and Social causes of Dowry in Indian Subcontinent. ii. Post Independence phenomenon. Expansion and growth of Dowry system in India. iii Criminal off shoots of Dowry – Dowry Crimes. 5.
The Dowry (Prohibition Act 1961.) i. Definition of Dowry ii. Offence of Giving and Taping Dowry iii. Offence of Demanding Dowry iv. Offences of Non-transfer of Dowry v.
Dowry Agreements, vi. Nature of Dowry Offences under the Act. 6.
Dowry Prohibition (Gift to Bride & Bride Groom) Rules 1985. 7. Problems of Control of Dowry System in India(1) Socio Economic Factors (2) Failure of Legislative Enactments. OR Paper III: Cyber Crimes 1. Meaning, Definition, Nature of Cyber crimes 2. Historical Genesis and Evolution of Cyber Crimes 3. Statutory Laws pertaining to Cyber Crimes in India: a) Indian Penal Code b) Indian Evidence Act. c) Information Technology Act. 4. Cyber Crimes Laws of USA, U.K. and Canada: A Comparative Study. 5. Specific Cyber crimes a) Cyber Stalking b) Cyber Terrorism c) Child Pornography d) Computer viruses 6. Investigation and Jurisdiction over Cyber crimes.
OR Paper III : Collective Violence and Criminal
Justice System 1. Introductory 1. Notions of “force”, “coercion”, “violence” 2. Distinction: “Symbolic” violence, “Institutionalized” violence, “Structural violence” 3. Legal order as a coercive normative order 4. Force-monopoly of modern law 5. ”Constitutional” and “criminal” speech: Speech as incitement to violence 6. “Collective political violence” and legal order 7. Notion of legal and extra-legal “repression” 2. Approaches to Violence in India 1. Religiously sanctioned structural violence: Caste and gender based. 2. Ahimsa in Hindu , Jain, Buddhist, Christian, and Islamic traditions in India. 3. Gandhiji’s approach to non-violence 4. Discourse on political violence and terrorism during colonial struggle 5. Attitudes towards legal order as possessed of legitimate monopoly over violence during the colonial period. 3. Agrarian Violence and Repression 1. The nature and scope of agrarian violence in the 18-19 centuries India. 2. Colonial legal order as a causative factor of collective political (agrarian) violence 3. The Telangana struggle and the legal order 4. The Report of the Indian Human Rights Commission on Arwal Massacre 5. Violence against the Scheduled Castes 4. Violence
against the Scheduled Castes 1. Notion of Atrocities 2. Incidence of Atrocities 3. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities 4. Violence Against Women. 5. Communal Violence 1. Incidence and courses of “communal” violence 2. Findings of various commissions of enquiry 3. The role of police and para-military systems in dealing with communal violence 4. Operation of criminal justice system tiring, and in relation to, communal violence. Note: Choice of further areas will have to be made by the teacher and the taught. Group V: International Law Paper I: Law of TreatiesThe course shall comprise: Concept of treaty in International Law Nature, Scope and Importance of treaty. Historical Background of the Law of Treaty. Capacity Conclusion and Entry into Force. Reservation Problem of Unequal Treaty Interpretation Jus cogens Amendment Invalidity Termination and Suspension Rebus Sic Stantibus Succession.
OR Paper I: Diplomatic and Consular Relations
The course shall comprise of the following: 1. Meaning, definition, evolution and development of diplomatic and consular law. 2. The Vienna Convention on Diplomatic Relations, 1961. (a) The in violability of the premises of the diplomatic mission. (b) Diplomatic immunities- personal and property. (c) Waiver of immunity. 3. Consular privileges and immunities: The Vienna Convention on Consular Relations, 1963. 4. The Convention on Special Missions, 1969. 5. The Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character. 6. The Immunities of international organizations. 7. Internationally protected persons. 8. Diplomatic law and Indian State practice OR Paper
I- Law Relating to Outer Space The Course shall comprise of the following: 1. The concept, substance and subject matter of International space law. 2. The History and development of space law. 3. Sources of international space law. 4. Fundamental principles of International space law. 5. Legal statue of space objects 6. Liability convention. 7. The Moon Treaty. 8. The regulation of various aspects of space activities include remote sensing, space communication, dire of television broadcasting satellites. 9. Protection of the outer space environment 10. Outer space law and India. Paper II- International Court of Justice 1. International adjudication in a historical perspective. 2. International Court of Justice- a principal organ and principal judicial organ of the United Nations. 3. Organization and Structure of the ICJ. 4. The jurisdiction of the Court-general 5. Contentions jurisdiction voluntary of jurisdiction compulsory jurisdiction, reservation and reciprocity . Transferred jurisdiction, forum prorogatum. 6. Sources of law, propriety and legal interest. 7. Provisional measures, non-appearance, and third party intervention. 8. The advisory jurisdiction of the ICJ. 9. Enforcement of the judgments and advisory opinions. 10. The Role of the Court.
OR Paper II: International Arbitration
OR Paper II Law of SeasI. Evolution and Recent Developments: 2. Territorial Sea and Contiguous Zone: 3. Continental Shelf: 4. Exclusive Economic Zone (EEZ): 5. High Seas 6.. Landlocked States: 7. Exploration, Exploitation and Management of the Resources of the International Sea-bed Area: 8. Protection and Preservation of Marine Environment: Paper III- India and
International Law. The course is designed to acquaint the student with the Indian state practice on major aspects of international law. It comprises the following: 1. International law in ancient, medieval and British India. 2. Relationship between International law and municipal law. 3. Recognition. 4. Territorial and boundary disputes. 5. Human rights, humanitarian law and refugee protection. 6. International crimes including terrorism. 7. Use of force: validity of Indian’s actions in Kashmir, Goa and Bangladesh. 8. India and WTO. Group VI
– Contract and Insurance Paper I:
General Principles of Contract. 1. Formation of Contract: A critical study of offer and acceptance. 2. Doctrine of Consideration and Privity of Contract 3. Capacity to contract: Nature of minor’s agreements and the doctrine of restitution. 4. Consent: Meaning, importance and the factors vitiating free consent with special reference to Fraud and Misrepresentation. 5. Standard form Contracts. 6. Void Agreements: With special reference to agreements relating to restraint of trade and wagering agreements. 7. Discharge of contracts with special reference to the doctrine of frustration. 8. Relations resembling those created by contract. 9. Remedy in the form of compensation. OR
Paper-I: Law of Export and
Import Regulation 1. Introduction: State control over import and export of goods- from rigidity to liberalization, Impact of regulation on economy. 2. The Basic Needs of Export and Import Trade: Goods, Services, and Transportation 3. International Regime: WTO agreement, WTO and Tariff restrictions, WTO and non-tariff restrictions, Investment and transfer of technology, Quota restriction and anti-dumping. Permissible regulations, Quarantine regulation. Dumping of discarded technology and goods in international market, Reduction of subsidies and counter measures. 4. General Law on Control of Imports and Exports: General scheme Legislative control, Power of control: Central Government and RBI, Foreign Trade Development and Regulation Act 1992, Restrictions under customs law, Prohibition and penalties, Export-import formulation: guiding features, Control under FEMA, Foreign exchange and currency, Import of goods, Export promotion councils, Export oriented units and export processing zones. 5. Control of Exports: Quality control, Regulation on goods, Conservation of foreign exchange, Foreign exchange management, Currency transfer, Investment in foreign countries. 6. Exim Policy: Changing Dimensions: Investment Policy: NRIs, FIIs (foreign institutional investors), FDIs, Joint venture, Promotion of foreign trade, Agricultural products, textile and cloths, Jewellery, Service sector. 7. Law Relating to Customs; Prohibition on important and exportation of goods, Control of Smuggling activities in export-import trade, Levy of and exemption from, customs duties, Clearance of imported goods and export goods, Conveyance and warehousing of goods 8. Regulation on Investment: Borrowing and lending of money and foreign currency, Securities abroad- issue of, Immovable property- purchase abroad, Establishment of business outside, Issue of derivatives and foreign securities- GDR (global depositories receipts), ADR (American Depository receipts and Euro, Investment in Indian banks, Repatriation and surrender of foreign securities. 9. Technology Transfer: Restrictive terms in technology transfer agreements, Automatic approval schemes. Paper II: Specific Contracts 1. Contract of Indemnity. (a) Definition and nature of contract of indemnity (b) Extent and commencement of liability 2. Contract of Guarantee (a) Meaning and Essentials of Contract of Guarantee (b) Extent of Surety’s Liability (c) Discharge of Surety’s Liability (d) Rights of Surety 3. Contract of Bailment & Pledge (a) Meaning and Essentials of Contract of Bailment. (b) Duties of Bailer and Bailee (c) Rights of Bailee. (d) Meaning and Essentials of Pledge and persons entitled to pledge. 4. Contract of Agency (d) Nature and Essentials of Contract of Agency. (e) Creation of Agency: Implied Agency and Agency of Necessity. (f) Agency by Ratification. (g) Termination of Agency. OR Paper
II- Corporate Finance 1. Introduction: Meaning, importance and scope of corporation fiancé, Capital needs- capitalization- working capital – securities-borrowings-deposits debentures, Objectives corporation finance- profit maximization and wealth maximization, Constitutional perspectives- the entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85 and 86 of List 1- Union List, entry 24 of List 11- State List. 2. Equity Finance: Share capital, Prospectus- information disclosure, Issue and allotment, Shares without monetary consideration, Non-opting equity shares 3. Debt Finance: Debenture, Nature, issue and class, Deposits and acceptance, Creation charges, Fixed and floating charges, Mortgages, Convertible debentures. 4. Conservation of Corporate Finance: Regulation by disclosure, Control on payment of dividends, Managerial remuneration, Payment of commissions and brokerage, Inter corporate loans and investment, Payback of shares, Other corporate spending. 5. Protection of creditors: Need for creditor protection, Preference in payment, Rights in making company decisions affecting creditor interests, Creditor self-protection, Incorporation of favourable terms in lending contracts, Right to nominate directors, Control over corporate spending. 6. Protection of Investors: Individual share holder right, corporate membership right, Derivative actions, Qualified membership right, Conversion, consolidation and re-organization of shares, Transfer and transmission of securities, Dematerialization of securities. Paper III :Insurance 1. Nature and definition of Contract of Insurance. (a) Definition of Contract of Insurance. (b) Contract is ‘Aleatory’ (c) Contract of utmost good faith. (d) Contract of indemnity. (e) Contract of Wager. 2. Insurable interest: (a) Nature of insurable interest (b) Time or duration of interest (c) Insurable interest and Life insurance. (d) Insurable interest and Fire insurance. 3. The Risk: a) Meaning of risk b) Scope of risk c) Application of rule in various classes of insurance d) The elements of risk e) The alteration of the risk 4. The Insurance Regulatory and Development Authority: a) Establishment b) Composition c) Duties, powers and functions.
OR Paper-III: Banking Law 1. Introduction:
Nature and development of banking. History of banking in India and
elsewhere-indigenous baking-evolution of banking in India-different
kinds of banks and their functions, Multi-functional banks- growth and legal
issues. 2. Law relating
to Banking Companies in India: Controls by
government and its agencies. On management, On accounts and audit, Lending,
Credit policy, Reconstruction and reorganization, Suspension and winding up,
Contract between banker and customer;
their rights and duties. 3.
Social Control over Banking:
Nationalization, Evaluation: private ownership, nationalization and
disinvestments, Protection depositors, Priority lending, Promotion of under
privileged classes. 4.
Deposit Insurance: The
Deposit Insurance Corporation Act 1961: Objects and Reasons, Establishment
of Capital of DIC, Registration of banking companies insured banks,
liability of DIC to depositors, Relations between insured banks, DIC the
Reserve Bank of India. 5.
The Central Bank: Evolution
of Central Bank, Characteristic and functions, Economic and social
objectives, The Central Bank and the Sate as bankers’ bank, The Reserve
Bank of India as the central Bank, Organizational structure, Functions of
the RBI, Regulation monitory mechanism of the economy, Credit control ,
Exchange control, Monopoly of currency issue, Bank rate policy formulation,
Control of RBI over non-banking companies, Financial companies, Financial
companies, Non-financial companies. 6.
Relationship of Banker and Customer:
Legal character, Contract between banker and customer, Banker’s lien,
Protection of bankers, Customers, Nature and type of accounts, Special
classes of customers-lunatics, minor, partnership, corporations, local
authorities Banking duty to customers, Consumer protection: baking as
service. 7.
Negotiable Instruments: meaning and
kinds, Transfer and negotiations, Holder and holder in due course,
Presentment and payment, Liabilities of parties. 8.
Lending by Banks: Good
lending principles, Lending to poor masses, Securities for advances, Kinds
and their merits and demerits, Repayment of loans: rate of interest,
protection against penalty, Default and recovery, Debt recovery tribunal. 9.
Recent Trends of Banking System in India:
New technology, Information technology, Automation and legal aspects,
Automatic teller machine and use of internet,
Smart card, Use of expert system, Credit cards. 10. Reforms
in Indian Banking Law: Recommendations of
committees: a review GROUP VII: Administrative Law Paper I: Administrative Law in India (1)
Importance and Scope of Administrative Law; (2)
Rule of Law; (3)
Separation of Powers; (4)
Delegated Legislation: a. Constitutionality; b. Judicial Control; c. Parliamentary Control; d. Procedural Control (5)
Ombudsman in India (6)
The Commission of Inquiry Act, 1952. Paper II: Administrative Law in India-II (1)
Judicial Review of Discretionary Power; (2) Writ of Mandamus; (3) Writ of Certiorari; (4) Writ of Prohibition (5) Writ of Quo-warranto (6) Nature Justice: Bias, Opportunity of Hearing; (7) Administrative Tribunals; (8) Domestic Inquiries; (9) Administrative Finality; (10) Role of Declaratory Decree as Public Law Remedy; (11) Role of Injunction as Public Law Remedy; OR Paper II: Local Self Government Law 1.Historical
Perspectives: Early period, Gram Swaraj-the Gandhian concept
2.Constitutional Scheme: Directive Principles, Structure and powers of local
bodies 3.Legislative Powers: Direct democracy and grass root planning, Municipalities and corporation, gram Sabha 4.Quasi-legislative Powers: Rule making power of the State Government, Regulations and Bye-laws 5.Financial Powers: Levying taxes, Licensing power, Financial resources and powers 6.Judicial and Quasi-judicial powers of the Local Bodies 7.Election to Local Bodies8.Conduct of Meetings – Corporation, Municipal Council, Panchayat Committee and Gram Sabha 9.Institutional and Judicial Control Paper III: Comparative Administrative Law (1) Merits of French Administrative Law, Remedies available under French Administrative Law; (2) Availability of Judicial Review in the United States- a.
Doctrine of Primary Jurisdiction; b.
Doctrine of Exhaustion of Administrative Remedies; c.
Doctrine of Standing; d.
Doctrine of Ripeness; (3) Government liability for torts committed by its employees in Great Britain, France and India; (4) Promissory
Estoppel in Great Britain and India; (5) Right to
Information Act, 2005. a.
State privilege to refuse Production of documents in Courts in Great
Britain and India; b.
The Official Secrets Act, 1923 (Indian) c.
The Freedom of Information Act, 2002. (10)
Doctrine of Legitimate Expectation in India and Great Britain. Group VIII: Business AdministrationPaper I: Business Organisation1. Introduction: History of Company Legislation, Characteristic features of a company and Lifting the corporate veil. 2. Kinds of Companies 3. Promoter- Definition and his legal position and effects of Pre-incorporation Contracts. 4. Memorandum of Association: Contents and relation with Articles of Association, Alteration of Memorandum. 5. Prospectus; Meaning and consequences of Misstatements in prospectus. 6. Shares: Meaning, kinds and general principles and statutory provisions regarding Allotment of shares. Effect of irregular Allotment. 7. Membership of company. Paper II: Business Management (Company Management
& Administration) 1. Qualifications, Appointment and Removal of Directors, Managing Directors and Managers. 2. Remuneration of Directors, Managing Directors and Managers. 3. Legal position of Directors and Criminal Liability of the Officers of the Company. 4. Meetings of the Company- Statutory Meeting, Annual General Meeting and Extra- ordinary Meeting. 5. Division of powers between Company-in-General Meeting and Board of Directors. 1. Remedies in cases of oppression and Mismanagement 2. Investigations into the affairs of the Company. 3. Company Secretary- Appointments and his Legal position. 4. National Company Law Tribunal and Appellate Tribunal Paper III: Law Relating to Multinational
Corporation. 1. Meaning and Definition of Multinational Corporation: Problems of Definitions and Criteria of Determination. 2. Historical perspectives of MNC in India. 3. The Concept of Doctrine of Ultra-vires: a) In India b) In England and c) U.S.A. – Consequences of Doctrine of Ultra-vires. 4. U.N. Commission on Transactional Corporation – 1975. 5. National Regulation of MNC in India. a) Regulation through Company Law- 1956. b) Regulation through Taxation Law c) Regulation through FEMA-1999. Group-IX: Labour Management Relations Paper I: Regulation of Labour Management Relations. 1. Meaning, Nature and Philosophy of Labour Management Relations. 2. An Historical and Constitutional perspective of Labour Management Relations 3. State Regulatory process of Labour Management Relations in India. 4. Labour Management Regulatory processes in U.K. and USA- Its impact on India. 5. Labour Management Relations and collective Bargaining. 6. The New Economic policy and its impact on Labour Management Relations in India 7. Some recent trends to regulate the Labour Management Relations. OR Paper I: Comparative Study of the Law Relating to
Trade Unions. 1. Meaning, Concept and Nature of Trade Unions. 2. Evolution origin and growth of Trade Unions a) U.S.A. b) U.K. c) India 3. Legal Basis of Trade Unions a) U.S.A. b) U.K. c) India 4. Collective Bargaining and its Status a) U.S.A. b) U.K. c) India 5. Trade Unions and the Right to Strike 6. Recent Judicial trends in the Law Relating to Trade Unions 7. Globalisation, privatization and its impact on the working of the Trade Unions. Paper II: Law Relating to Employment and Non
Employment 1, Meaning and Concept of Employment 2.Wages and Conditions of Service 3. Termination of Employment 4.Termination of other than Dismissal 5. Dismissal for Misconduct Paper III: Law
Relating to terms of Employment and Conditions of Service 1. Meaning and concept of terms of Employment and conditions of service 2. The term of employment or the conditions of labour of any person. a) continuity of service b) per permanency of tenure of service c) Transfer 3. Hours of Work 4. Work loads 5. Shifts 6. Promotions 7. Increments 8. fringe benefits 9. Refusal benefits Group X: Taxation Paper I: Constitutional and Administrative Law
Problems Relating to Taxation: 1. Distinction between Tax and Fee 2. Power to levy taxes on income 3. Power to levy Excise Duties 4. Taxes on Sale or Purchase of Goods 5. Residuary Power of Taxation Under Entry 97 of the Union List 6. Role of Taxation in achieving the Objectives of Directive Principles 7. Taxation and Right to Equality 8. Taxation and Freedom of Trade, Commerce and Intercourse 9. Distribution of Tax Revenues 10. Inter-Governmental Tax Immunities 11. Delegation of Taxing Powers 12. Judicial Review of the Orders of Tax Authorities. Paper II – Tax on Business & Industry (1) Residence of Firms (2) Residence of Company (3) Business Connection (4) Profits and gains from business or Profession (5) Depreciation allowance (6) Business Expenditure (11) Capital Gains (12)Income-tax authorities & their powers with special reference to search & Seizure (13) Procedure for assessment (14)Appeal & Revision. Paper III- Current Tax Problems: (1) Assessment of Charitable Trusts (2) Service Tax (3) Tax on Agricultural income. (4) Cannons of Taxation & characteristics of a good tax system. (5) Tax evasion & Black money- Causes & effects of Tax Evasion, Tax evasion distinguished with Tax Avoidance and Tax Planning. (6) Problems of Double Taxation. (7) Sales Tax- its effect & desirability – Value Added Tax. OR Paper III: Tax Accountancy 1. Introduction: Gross Total Income; Capital and Revenue Receipts; Methods of Accounting 2. Computation
of Income under the head Salaries; (i) Meaning of salary (ii) Deductions under Section 16 (iii)Valuation of Perquisites: (a) Valuation of Rent free accommodations (b) Valuation of Accommodation provided on concessional rates (c) Valuation of Motor Car facilities provided by the employer (iv) Perquisites and Allowances exempted from taxation (v) Taxation of Gratuity and Terminal payments: (a) Received by Government employees (b) Received under the Payment of Gratuity Act, 1972. (c) Compensations received under Industrial Disputes Act. 3. Computation
of Income under the Head Income from House Property: (i) Determination of Annual Value (ii) Concessions for newly constructed properties (iii) Annual value of self occupied House Property. (iv) Deductions from income from House Property. 4. Computation
of Income under the head Profits and Gains of Business or Profession: (i) General principles governing assessment of business income (ii) Basic principles governing admissibility of deductions under Sections 30 to 40 D (iii) Computation of some specific deductions: (a) Rent, rates, taxes, repairs and insurance of building (S.30) (b) Repairs and insurance of machinery, plant and furniture (S.31) (c) Depreciation Allowance (S.32) (d) Rehabilitation Allowance (e) Expenditure on Scientific Research (f) Expenditure on acquisition of patent rights or copy rights. 5. Computation
of Income under the head Capital Gains: (i) Computation of Long term and short term capital gains on transfer of capital assets. (ii) Exemptions from capital gains. 6. Computation
of income under the head Income from other sources: (i) Receipts which are taxable under the head income from other sources (ii) Taxation of winning from lotteries, crossword puzzles, races, card games etc. (iii) Deductions under the head Income from other sources. Group XI: Regulated Economy: Paper I: Legal Regulation of Economic Enterprises The course shall comprise with the following: 1.The Rationale of Government Regulation. 1. Constitutional Perspectives 2. The new economic policy- Industrial policy resolutions, declarations and statements 3. The place of public, small scale, cooperative, corporate, private and joint sectors in the changing context. 4. Regulation of economic activities 5. Disclosure of information 6. Fairness in competition 7. Emphasis on consumerism 2. Development and Regulation of Industries 3. Take-over of Management and Control of
Industrial Units 4. Sic Undertakings: Nationalisation or Winding
Up? 5. Licensing Policy and Legal Process- Growing
Trends of Liberalization 6. Deregulation of essential commodities:
developmental sign or a social mishap ? 7. Financial Services: Changing Techniques of
Regulation. 8. Critical Issues Regarding the Capital Issues 1. Equity and debt finance 2. Global depositories 3. De-materialised securities 9.Problems of Control and Accountability:
Regulation of Hazardous Activity. 1. Mass disaster and environmental degradation: legal liability and legal remedies. 2. Public Liability Insurance: adequacy 3. Issues in zoning and location of industrial units. 10. Special Aspects of Legal Regulation of Select
Public Enterprises ( Universities may select some such representative public enterprises for transport, mining and energy). 1. Telecom Regulatory Authority 2. Insurance Regulatory Authority 3. Broadcasting Regulatory Authority 11. Legal Regulation of Multinationals 1. Collaboration agreements for technology transfer 2. Development and regulation of foreign investments 3. Investment in India: FDIs and NRIs
4. Investment abroad Paper II: Regulation of Labour Management Relations.1. Meaning, Nature and Philosophy of Labour Management Relations. 2. An Historical and Constitutional perspective of Labour Management Relations 3. State Regulatory process of Labour Management Relations in India. 4. Labour Management Regulatory processes in U.K. and USA- Its impact on India. 5. Labour Management Relations and collective Bargaining. 6. The New Economic policy and its impact on Labour Management Relations in India 7. Some recent trends to regulate the Labour Management Relations. Paper III- Corporate Finance 1.
Introduction: Meaning, importance
and scope of corporation fiancé, Capital needs- capitalization- working
capital securities-borrowings-deposits debentures, Objectives corporation
fiancé- profit maximization and wealth maximization Constitutional
perspectives- the entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85 and 86 of
List I- Union List, entry 24 of List 11- State List.
2.
Equity Finance: Share; Capital, Prospectus information disclosure,
Issue and allotment, shares without monetary consideration, non-opting
equity shares.
3. Debenture, nature issue and class, Deposits and acceptance, Creation charges, fixed and floating charges, Mortgages, Convertible debentures.4. Managerial remuneration, Payment of commissions and brokerage, Inter-corporate loans and investment, Pay-back of shares, Other corporate spending.5.
Protection of creditors: Need
for creditor protection, Preference in payment, Rights
in making company decisions affecting creditor interests, Creditor
Self-protection, Incorporation of favourable terms in lending contracts,
Right to nominate directors, Control over corporate spending.
6.
Protection of Investors:
Individual share holder right, Corporate membership right, Derivative
actions, Qualified membership right, Conversion, consolidation and
reorganization of shares, Transfer and transmission of securities,
Dematerialization of securities.
7.
Corporate Fund Raising:
Depositories- IDR ( Indian depository receipts), ADR (American depository
receipts), GDR (Global depository receipts) Public financing instutions0
IDBI, ICICI, IFC and SFC, Mutual fund and other collective investment
schemes, Intuitional investments
LIC, UTI and Bank, FDI and NRI investment- Foreign institutional investments
( IMF and World Bank)
8.
Administative Regulation on Corporate Finance:
Inspection of accounts, SEBI,
Central government control, Control by register of companies, RBI
control.
OR
|
||||
| Home | BHU | Admissions | Academics | Students | Faculty | MCS | Placements | Alumni | Webmaster | Web Developer Group | |||||