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B.A. LL.B 4th Syllabus

The document outlines the revised curriculum for undergraduate law degree programs offered by Savitribai Phule Pune University, including the B.A. LL.B., B.B.A. LL.B., and LL.B. It provides details on the course components, subjects, and credit structure over the course of 5 or 3 years depending on the program. For example, the curriculum overview shows that the 4th year B.A. LL.B. program includes subjects like Constitutional Law II, Property Law and Easement, Public International Law, and optional subjects in areas like Comparative Constitutions and Investment/Securities Law. The document provides comprehensive information on the various legal subjects covered in each program

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0% found this document useful (0 votes)
79 views49 pages

B.A. LL.B 4th Syllabus

The document outlines the revised curriculum for undergraduate law degree programs offered by Savitribai Phule Pune University, including the B.A. LL.B., B.B.A. LL.B., and LL.B. It provides details on the course components, subjects, and credit structure over the course of 5 or 3 years depending on the program. For example, the curriculum overview shows that the 4th year B.A. LL.B. program includes subjects like Constitutional Law II, Property Law and Easement, Public International Law, and optional subjects in areas like Comparative Constitutions and Investment/Securities Law. The document provides comprehensive information on the various legal subjects covered in each program

Uploaded by

pranaynakade04
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SAVITRIBAI PHULE PUNE UNIVERSITY

(FORMERLY UNIVERSITY OF PUNE)


GANESHKHIND PUNE 411007

FACULTY OF HUMANITIES

REVISED CURRICULUM
OF
UNDERGRADUATE DEGREE COURSES OF LAW 2017-18

(As Amended in July 2019)

Courses of Law, Eligibility for Admission, Course Component,


Curriculum, Examination Pattern, Standard of Passing, and
Rules of Equivalence

for

B.A. LL.B. (Bachelor of Arts and Bachelor of Laws)


B.B.A. LL.B. (Bachelor of Business Administration and Bachelor of Laws)
LL.B. (Bachelor of Laws)
PART III
Course Component of
B.A. LL.B., B.B.A. LL.B. and LL.B.

1. First Year B.A. LL.B. :

Subject Code Semester I


CE 0101 General English
BA 0102 General Principles of Political Science
BA 0103 General Principles of Economics
BA 0104 General Principles of Sociology

Subject Code Semester II


CE 0201 English for Law
BA 0202 Political Theories
BA 0203 Macro Economics, Policies and Practice
BA 0204 Theoretical Perspectives of Sociology

2. First Year B.B.A. LL.B. :

Subject Code Semester I


CE 0101 General English
BB 0102 Managerial Accounting
BB 0103 Principles of Management
BB 0104 Business Communications

Subject Code Semester II


CE 0201 English for Law
BB 0202 Organisational Behaviors
BB 0203 Management Information System
BB 0204 Principles of Marketing

3. Second Year B.A. LL.B. :

Subject Code Semester III


CE 0301 Legal Language and Legal Reasoning
BA 0302 Public Policy and Public Administration
BA 0303 Theories of Development and Indian Economy
BA 0304 Society in India

Subject Code Semester IV


CE 0401 Law and Literature
BA 0402 International Relations
BA 0403 Law and Economics
BA 0404 Social Research Methods
4. Second Year B.B.A. LL.B. :

Subject Code Semester III


CE 0301 Legal Language and Legal Reasoning
BB 0302 Basics of Finance
BB 0303 Managerial Economics
BB 0304 Business Ethics and Corporate Governance

Subject Code Semester IV


CE 0401 Law and Literature
BB 0402 Human Resource Management
BB 0403 Case Studies in Business Environment
BB 0404 Business Research Methods

5. Third Year B.A. LL.B., Third Year B.B.A. LL.B. and First Year LL.B. :

Subject Code Third Year B.A. LL.B. - Semester V


Third Year B.B.A. LL.B. - Semester V
First Year LL.B. - Semester I
LC 0501 Legal and Constitutional History
LC 0502 Family Law I
LC 0503 Law of Contract I
LC 0504 Law of Crimes
Optional Subject 1 (Any one from the following)
LO 0505 (a) Health and Food Law
LO 0506 (b) Equity and Trust Law
LO 0507 (c) Criminal Psychology and Criminal Sociology
LO 0508 (d) Agricultural Marketing Law
LO 0509 (e) Intellectual Property Rights I
Subject Code Third Year B.A. LL.B. - Semester VI
Third Year B.B.A. LL.B. - Semester VI
First Year LL.B. - Semester II
LC 0601 Constitutional Law I
LC 0602 Family Law II
LC 0603 Law of Contract II
LC 0604 Tort and Consumer Protection Law
Optional Subject 2 (Any one from the following)
LO 0605 (a) Media and Law
LO 0606 (b) Banking and Insurance Law
LO 0607 (c) Penology and Victimology
LO 0608 (d) Land Acquisition Law
LO 0609 (e) Intellectual Property Rights II
6. Fourth Year B.A. LL.B., Fourth Year B.B.A. LL.B. and Second Year LL.B. :

Subject Code Fourth Year B.A. LL.B. - Semester VII


Fourth Year B.B.A. LL.B. - Semester VII
Second Year LL.B. - Semester III
LC 0701 Constitutional Law II
LC 0702 Property Law and Easement
LC 0703 Public International Law
LP 0704 Practical Training Paper I - Professional Ethics and Contempt of
Court Law
Optional Subject 3 (Any one from the following)
LO 0705 (a) Comparative Constitutions
LO 0706 (b) Investment and Securities Law
LO 0707 (c) Criminal Minor Acts
LO 0708 (d) Cooperative Law
LO 0709 (e) Private International Law

Subject Code Fourth Year B.A. LL.B. - Semester VIII


Fourth Year B.B.A. LL.B. - Semester VIII
Second Year LL.B. - Semester IV
LC 0801 Labour and Industrial Law
LC 0802 Jurisprudence
LC 0803 Law of Evidence
LP 0804 Practical Training Paper II - Alternate Dispute Resolution System
Optional Subject 4 (Any one from the following)
LO 0805 (a) Human Rights Law and Practice
LO 0806 (b) Competition Law
LO 0807 (c) Vulnerable and Disadvantaged Groups and Criminal Law
LO 0808 (d) Civil Minor Acts
LO 0809 (e) International Economic Law

7. Fifth Year B.A. LL.B., Fifth Year B.B.A. LL.B. and Third Year LL.B. :

Subject Code Fifth Year B.A. LL.B. - Semester IX


Fifth Year B.B.A. LL.B. - Semester IX
Third Year LL.B. - Semester V
LC 0901 Civil Procedure Code
LC 0902 Interpretation of Statutes
LC 0903 Environmental Law
LP 0904 Practical Training Paper III - Drafting, Pleading and Conveyance
Optional Subject 5 (Any one from the following)
LO 0905 (a) Law on Education
LO 0906 (b) Principles of Taxation Law
LO 0907 (c) Law of Forensic Science
LO 0908 (d) Land Laws I
LO 0909 (e) International Law on Air, Space and Sea

Subject Code Fifth Year B.A. LL.B. - Semester X


Fifth Year B.B.A. LL.B. - Semester X
Third Year LL.B. - Semester VI
LC 1001 Criminal Procedure Code
LC 1002 Administrative Law
LC 1003 Company Law
LP 1004 Practical Training Paper IV - Moot Court Exercise and Internship
Optional Subject 6 (Any one from the following)
LO 1005 (a) Election Law
LO 1006 (b) Bankruptcy and Insolvency Law
LO 1007 (c) Comparative Criminal Justice System
LO 1008 (d) Land Laws II
LO 1009 (e) Humanitarian and Refugee Law
Fourth Year B.A. LL.B. - Semester VII
Fourth Year B.B.A. LL.B. - Semester VII
Second Year LL.B. - Semester III
LC 0701 Constitutional Law II :

Objective of the Course : The Course is designed with an objective to acquaint the students
with the Federal principles of Indian Constitution and the powers, functions and structures of
various Constitutional bodies. The course is to be studied in the social, economic and political
context in which the constitution operates.

Module 01 Nature of Indian Federalism :


1. Forms of Governments
2. Concept of Federalism
3. Essential characteristics of American Federalism
4. Essential characteristics of Indian Federalism
5. Indian Federalism distinguishes from American Federalism
Module 02 Structure Powers and Functions Union and State Executive :
1. Union Executive (Articles 52 to 78)
2. State Executive (Articles 152 to 167)
Module 03 Structure, Powers and Functions of Union and State Legislature :
1. Union Legislature (Articles 79 to 123)
2. State Legislature (Articles 168 to 213)
Module 04 Structure, Powers and Functions of Supreme Court, High Court and
Tribunals :
1. Supreme Court (Articles 124 to 147)
2. High Court and Subordinate Courts (Articles 214 to 237)
3. Tribunals (Articles 323A and 323B)
Module 05 Relations between Union and the States :
1. Legislative Relations between Union and the States (Articles 245 to 255)
2. Administrative Relations between Union and the States (Articles 256 to 263)
3. Financial Relations between Union and the States (Articles 264 to 290A)
An Overview of the Constitution (One Hundred First Amendment) Act, 2016
Module 06 Constitutional Position of Jammu and Kashmir:
1. Historical background of Article 370
2. Provisions of Article 370 of the Constitution
3. The Constitutional (Application to Jammu and Kashmir) Order, 1954
Module 07 Other Constitutional Institutions / Authorities :
1. Comptroller and Auditor-General of India (Articles 148 to 151)
2. Administration of Union territories (Articles 239 to 241)
3. Structure Powers and Functions of Panchayats (Articles 243 to 243O)
4. Structure Powers and Functions of Municipalities (Articles 243P to 243ZG)
5. Services and Public Service Commissions (Articles 308 to 323)
6. Elections and Election Commission (Articles 324 to 329)
Module 08 Other Constitutional Provisions :
1. Borrowing (Articles 292 to 293)
2. Property, Contracts, Rights, Liabilities, Obligations and Suits (Articles 294
to 300)
3. Freedom of Trade, Commerce and Intercourse (Articles 301 to 307)
4. Official Language (Articles 343 to 351)
Module 09 Emergency Provisions - Grounds, Approval for Continuation and Effects
(Articles 352 to 360) :
1. National Emergency
2. State Emergency
3. Financial Emergency
Module 10 Commissions and Committees on Union-State Relations - Objectives and
Recommendations :
1. Administrative Reforms Commission (1966)
2. Rajmannar Committee (1969)
3. Sarkaria Commission (1983)
4. Punchhi Commission (2007)
Recomended Readings:
1. M. P. Jain, Indian Constitutional Law, LexisNexis (2015).
2. D.D. Basu, Constitutional Law of India, LexisNexis (2013).
3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency (2015).
4. H. M. Seervi, Constitutional Law of India, N.M. Tripathi.
5. Arvind Datar, Commentary on Constitution of India (3 Vols), LexisNexis (2010).
6. Sathya Narayan (Ed), Selected Work of S.P. Sathe (3 Vols), Oxford University Press
(2015).
7. M.P. Singh, V.N. Shukla’s Constitution of India, Eastern Book Company, (2013).
8. Sujit Chaudhry, Madhav Khosalaand, Pratap Bhanu Mehta, The Oxford Handbook of the
Indian Constitution, Oxford University Press.
9. Granville Austin, Working of a Democratic Constitution - The Indian Experience, Oxford
University Press.
10. Granville Austin, The Indian Constitution – Cornerstone of a Nation, Oxford University
Press.
11. A. G. Noorani, Article 370: A Constitutional History of Jammu and Kashmir, Oxford
University Press.
LC 0702 Property Law and Easement :

Objectives of the Course : The subject covers the study of the Transfer of Property Act, 1882
and the Easement Act, 1882. The subject is fundamental law that covers principles applicable to
transfers of all kinds of properties. A sound grasp of this subject is the foundation necessary for
a better understanding of all special laws that affect property. The course will enable the student
to appreciate the fundamental principles, features, rights and liabilities of parties and the
consequences of specific transactions affecting immovable property. The topic of actionable
claims is very relevant in the modern business environment and financing models. The course
also covers law relating to easements and licenses.

Module 01 Concepts, Meaning and types of Properties (Sections 1 to 4 of the T.P. Act,
1882) :
1. Meaning of property
2. Kinds of property - Movable and immovable, tangible and intangible,
existing and future, real and personal
3. Role of property rights in social and economic development
4. Doctrine of notice
Module 02 Transfer of Property by Act of Parties (Sections 5 to 9) :
1. Meaning and Definition Transfer of Property, Properties which may be
transferred
2. Essentials of a valid transfer of property
3. Operation and method of transfer property
4. Procedural perspective for transfer of property
5. Effect of non-payment of stamp duty and non-registration
Module 03 General Principles Relating to Transfer of Property (Sections 10 to 37) :
1. Conditions restraining alienation, enjoyment, defeating insolvency or
assignability
2. Transfers to unborn persons
3. Rule against perpetuity and accumulation of income
4. Vested and contingent interests
5. Conditions precedent and subsequent, conditional transfers
6. Doctrine of Election and Apportionment
Module 04 General Principles Relating to Transfer of Immovable Property (Sections
38 to 53A) :
1. Doctrine of holding out
2. Feeding the grant by estoppel
3. Dotrine of priority
4. Transfer lis pendens
5. Fraudulent transfer
6. Doctrine of part performance
Module 05 Sales and Exchanges (Sections 54 to 57 and 118 to 121) :
1. Meaning and definition of Sale and Exchange
2. Distinction between sale and Exchange
3. Essentials of a valid sale, Parties to a sale, Formalities
4. Distinction between Sale and contract for sale
5. Registration of a contract for sale and effect of non-registration,
6. Rights and liabilities of a buyer and seller
7. Discharge for encumbrances on sale
8. Exchange, Rights and liabilities of parties to exchange
Module 06 Mortgages (Sections 58 to 98) :
1. Definition of mortgage - Types of mortgages, Mortgagor, Mortgagee,
Mortgage money,
2. Essentials of a valid mortgage and Formalities
3. Distinction between charge, mortgage, pledge, hypothecation and other
security interests over property
4. Rights and liabilities of a mortgagor and mortgage
5. Doctrine of substituted security
6. Charge of immovable property
7. Marshalling
8. Mortgagee’s and charge-holder’s rights and remedies under the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
Module 07 Leases (Sections 105 to 117) :
1. Definition of lease, Lessor, lessee, Kinds of leases, premium and rent
2. Essentials of a valid lease and Formalities
3. Rights and liabilities of the lessee and Lessor
4. Term and determination of lease
5. Forfeiture and relief against forfeiture
6. Leases for agricultural purposes
7. Distinction between lease under the Transfer of Property Act, 1982 and the
Maharashtra Rent Control Act, 1999
Module 08 Gift and Transfers of Actionable Claims (Sections 122 to 129 and 3, 130 to
137) :
1. Definitions of Gift, Donor and Donee
2. Essentials of a valid gift, Revocation of gifts
3. Distinction between property and donatio mortis causa and gifts under
Mohammedan law
4. Actionable claims :
a) Definition, Formalities, and their importance in commercial
transactions
b) Requirement of notice to debtor, and effect of notice
c) Rights and liabilities of transferor and transferee
Module 09 Law of Easements (Sections 1 to 51 of the Easement Act, 1882) :
1. Definitions and Types of easements
2. Formalities for creating an easement
3. Creation and acquisition of Easements, Dominant and servient owners and
Heritages, Grant, Custom, Necessity, Quasi-necessity, Prescription
4. Rights, duties and liabilities of dominant and servant owners
5. Remedies for disturbance of easements
6. Extinction of easements, Suspension and revival of easements
Module 10 Law of Licenses (Sections 52 to 64 of the Easement Act, 1882) :
1. Definition of License, Essentials of a license, kind and Formalities
2. Transfer of license, Transfer of grantor’s interest
3. Death of licensor or licensee
4. Rights and liabilities of licensee, Revocable and Irrevocable license
5. Rights of licensee on revocation and eviction
6. Distinction between leases and licenses
7. Distinction between licenses under Easement Act, 1882 with that of the
Maharashtra Rent Control Act, 1999

Recommended Readings :
1. V P Sarathi’s Law of Transfer of Property - Including Easements, Trusts and Wills, Malika
Taly (ed), Eastern Book Company, 2017.
2. Poonam Pradhan Saxena, Property Law, LexisNexis, 2017.
3. Avatar Singh, Textbook on the Transfer of Property Act, Universal Law Publishing, 2016.
4. Shriniwas Gupta, A Text Book on Transfer of Property Law, Thomson Reuters, 2016.
5. A P Singh and Ashish Srivastava, Property Laws, LexisNexis, 2015.
6. G P Tripathi, The Transfer of Property Act, 19th ed., Central Law Publications, 2016.
7. AP Singh and Ashish Kumar Srivastava, Property Laws, LexisNexis, 2015.
8. Sanjiva Row, Transfer of Property Act (in 2 volumes), Universal Law Publishing, 2016.
9. Shriniwas Gupta, Law Relating to Transfer of Property, Thomson Reuters, 2016.
10. Darashaw Vakil, Commentaries on the Transfer of Property Act, LexisNexis, 2017.
11. Mulla, The Transfer of Property Act, 12th ed, M R Hariharan (ed), LexisNexis, 2014.
12. H S Gour, Commentary on Transfer of Property Act, Delhi Law House, 2014.
13. B B Katiyar, Law of Easements and Licences, Universal Law Publishing, 2010.
LC 0703 Public International Law :

Objective of the Course : This course provides an insight into Public International Law and its
significance in the economically globalised world. It enables the students to understand the
interdependence of the countries and how they are constantly addressing the global issues
through peaceful measures. In view of the vastness of the subject, only important chapters have
been covered here. An Introductory perspective to International Law is aimed to provoke the
inquisitiveness of the students. A grasp on the key features and subtle perspective of the law and
its relevance will help the students in the preparation of various competitive examinations.
Module 01 Nature and Development of International Law :
1. Meaning and Definition of International Law
2. Theoretical Basis of International Law - Natural law Theory, Positive Law
Theory, Grotius Theory and Consent theory
3. Historical perspective of International Law - Codification of International
Law, Work of International Law Commission
Module 02 Sources of International Law :
1. Statute of the International Court of Justice, 1945 (Article 38) - International
Treaties and Conventions, International Custom, General Principles of Law
Recognized by Civilized Nations, Judicial Decisions of International and
National Courts, and Juristic Opinion
2. Other Sources of International Law - Resolutions of General Assembly,
Resolutions of Security Council
Module 03 Relationship between International Law and Municipal Law :
1. Theoretical Perspectives - Monistic Theory, Dualistic Theory,
Transformation theory, Delegation Theory, and Specific Adoption theory
2. Practice of States - United Kingdom, United States of America and India
Module 04 Subjects of International Law :
1. Meaning and Definition of State
2. Kinds of Different States in International Law – Sovereign States, Semi-
Sovereign States, Protectorate, Vassal, Trust Territories, Special type of
States - Holy State and Neutralized States
3. Individuals as subjects and object of Public International Law
4. Role and Status of Multi National Companies
Module 05 Recognition of States :
1. Meaning and Significance of Recognition
2. Theories of Recognition - Constitutive Theory, Declarative Theory,
Stimson Doctrine and Estrada Doctrine
3. Types of Recognition - De-facto, and De-jure
1. Recognition of Insurgency and Belligerency
Module 06 State Territory and State Succession :
1. Meaning and Definition of State Territory
2. Types of Acquiring and Loss of State Territory – Occupation, Prescription,
Accretion, Cession, Dismemberment, Retrocession (The Case of Hong
Kong)
3. Meaning and Concept of State Succession - Difference between State
Succession and Succession of Governments
4. States Succession to Treaties – Membership of International Organizations
Recent Developments, State succession to Public Property, Torts, Debts, and
Archives
5. Theories of State Succession to Treaties - Theory of Universal Succession,
Theory of Negativism, Contemporary Theories (Neo-Universalism and
Neo-Negativism), and Theory of Gestation (Nyerere Doctrine)
Module 07 State Jurisdiction :
1. Territorial Jurisdiction - Civil and Criminal jurisdiction, Universal
Jurisdiction, Extra territorial Jurisdiction of State
2. State Jurisdiction and State Territory-Land Territory -National Waters-
Territorial sea-Contiguous zone-Exclusive Economic Zone—Air and Outer
Space – obligations of states under outer space Treaty 1966
3. Jurisdiction based on Nationality - Modes of Acquiring and Losing
Nationality, Double Nationality, and Nationality of Married Women - Indian
position
4. Meaning and Significance of Statelessness - Role of UNHCR
5. Meaning and Definition of Extradition - Types of offenders and Process of
Extradition
6. Definition and Significance of Asylum - Territorial and Extra-Territorial
Asylum
Module 08 State Immunities and Privileges :
1. State Immunity - Absolute theory and Restrictive Theory of Immunity,
Views of the International Law Commission, and Waiver of Immunity
2. Significance and Functions of Diplomatic Agents and Classification of
Diplomatic Agents
3. Immunities and Privileges of Diplomatic Agents - Inviolability of
Diplomatic Agents
4. Inviolability of Premises - Immunity from local, Civil, Administrative and
Criminal Jurisdiction, Immunity from Taxes and Custom Duties, Freedom
of Movement, Travel, Communication and Worship
Module 09 Law of State Responsibility :
1. Nature and Basis of State Responsibility - Elements of State Responsibility,
State Responsibility in different fields
2. Theories of State Responsibility - Fault or Subjective Theory, Risk or
Objective theory, Eclectic Theories of Responsibility, Absolute Liability
3. Significance of Doctrine of Culpa
4. Defences precluding State Responsibility
Module 10 Law of Treaties :
1. Meaning and Definition of a Treaty, Types of Treaties
2. Parties to a treaty - Formation of a Treaty, Significance of Pact Sunt
Servanda
3. Significance of Jus Cogens, Role of Rebus Sic Stantibus (Changed
Circumstances) in Treaties
4. Procedure for Termination of Treaties
Module 11 Settlement of Disputes :
1. Legal and Political Disputes
2. Pacific Means
3. Extra-judicial Pacific Means- Negotiation- Good Offices- Mediation-
Conciliation- Inquiry- Arbitration
4. Coercive and Compulsive Measuresaa - Retortion - Reprisals - Embargo -
Pacific Blockade - Intervention.
Module 12 International Institutions :
1. Historical Origin of International Institutions - League of Nations - An
Overview, United Nations - Purposes and Principles
2. Structure, Powers and functions of (a) Security Council, (b) General
Assembly, (c) Economic and Social Council, (d) Trusteeship Council, (e)
Secretary General - Appointment, Powers and Functions
3. International Court of Justice - Historical Evolution and Composition, Types
of Jurisdiction of the Court - Contentious and Advisory, Law Applied by the
Court and Binding Nature of Judgment
4. Legal Status of International Organisations

Recommended Readings:
1. Robert Jennings and Arthur Watts (eds.), Oppenheim’s International Law (Vol. I – Peace)
Oxford University (2008).
2. I. Brownlie, Principles of Public International Law, 7th ed., Oxford University (2008).
3. I.A. Shearer, Starke’s International Law, 1st Indian ed., Butterworths (2007).
4. D.J. Harris, Cases and Materials on International Law, Sweet & Maxwell Ltd., 7th ed.,
(2010).
5. H.O. Agarwal, International Law and Human Rights, Central Law Publications, 21st ed.,
(2016).
6. Malcolm N. Shaw, International Law, Cambridge University Press, 7th ed., (2015).
7. J.G. Strake, Introduction to International Law, 10th Edition, Butterworth-Heinemann;
(1989).
8. D.W. Bowetts, Law of International Institutions (6th edn), Sweet and Maxwell, (2011).
9. S.K. Verma, An introduction to Public International Law, Prentice Hall (1998).
10. Gurdip Singh, International Law, Eastern Book Company, (2015).
11. V.K. Ahuja, Public International Law, Lexis Nexus (2016).
12. S.K. Kapoor, International Law and Human Rights, Central Law Agency.
13. Shilpa Jain, Introduction to International Law, Eastern Book Company (2016).

LP 0704 Practical Training Paper I - Professional Ethics and Contempt of Court Law :

Objectives of the Course : The professional ethics encompasses an ethical code governing the
conduct of persons engaged in the practice of law as well as persons engaged in the legal sector.
The objective of this course is to acquaint the students as to (a) legal profession in India during
- ancient, medieval and modern period, (b) professional ethics or duties, (c) the provisions of the
Advocate Act, 1961, and (d) the provisions of the Contempt of Courts Act, 1971. The purpose
of the course shall also be to provide or to enhance the practical knowledge of the students and
to acquaint them with the link between theory and practice.
Scheme of Marking :
Part A : University Written Examination : 80 Marks
Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks) : 20 Marks

Part A : Syllabus for University Written Examination :

Module 01 History of Legal Profession in India :


1. Legal profession in India in ancient and medieval period
2. Changes underwent in Legal profession during British rule
3. Development of Legal Profession in India after Independence
4. Impact of globalization on legal profession in India
Module 02 Norms of Professional Ethics and Duties :
1. Need and necessity of Professional ethics in the legal profession
2. Professional ethics and duties of advocates towards his clients, Court, public,
his fellow advocates, self, society, duty in imparting training, duty to render
legal aid, etc.
3. Restrictions on other Employments
4. Restrictions on advertising
5. Form of Dresses or Robes to be worn by Advocate
6. Rules as to Vakalatnama
Module 03 Introduction and Authorities (the Advocates Act, 1961) :
1. Objects of and definitions under the Act
2. Bar Council of State :
a) Establishment of Bar Councils for Each States and Union Territories
b) Composition of State Bar Council
c) System of Election
d) Term of office of Members of State Bar Council and Establishment of
Special Committee
e) Disqualification of Member of Bar Council of State
f) Powers and Functions of Bar Council of State
3. Bar Council of India :
a) Composition of Bar Council of India
b) Term of office of Members of Bar Council of India
c) Disqualification of Member of Bar Council of India
d) Powers and Functions of Bar Council of India
e) Membership in International Bodies
4. Provisions Common to Bar Council of India and Bar Council of State :
a) Bar Council to be Body Corporate
b) Constitution of Committees of Bar Council
c) Transaction of Business, Staff and Audit of Accounts of Bar Council
d) Power of Bar Council to make Rules
Module 04 Admission and Enrolment of Advocates (the Advocates Act, 1961) :
1. Senior and other Advocates
2. Preparation of Roll of Advocates
3. Order of Seniority amongst the Advocates
4. Transfer of Name from one State Roll to another
5. Right of Pre-audience
6. Qualification for Admission of Person as Advocate on State Roll
7. Disqualification for Admission of Person as Advocate on State Roll
8. Disposal of Applications for Admission as Advocate
9. Power of State Bar Council to make rules
Module 05 Enrolment and Right to Practice and Limitations of such Right (the
Advocates Act, 1961) :
1. Right of Advocates to Practice
2. Power of Court to Permit Appearances in Particular Cases
3. Advocates alone entitled to Practice
4. Power of High Court to make rules
5. Skills essential for a lawyer to have a good practice and profession – qualities
to succeed in legal profession - honesty, courage, industry, wit, eloquence,
judgment, fellowship, etc.
6. Decisions of Courts on Advocate's right to strike
7. Role of advocate in the administration of justice and duty towards legal reforms

Module 06 Conduct of Advocates (the Advocates Act, 1961) :


1. Complaint of Professional or other Misconduct
2. Punishments for Professional or other Misconduct
3. Disciplinary Powers of Bar Council of India and State Bar Council
4. Disposal of Disciplinary Proceedings
5. Review of Orders by Disciplinary Committee
6. Appeal to Bar Council of India
7. Appeal to Supreme Court
8. Stay of Order
9. Alteration in Roll of Advocates
Module 07 Cases Prescribed for Study on Professional Ethics :
1. Vishram Singh Raghubanshi v. State of UP, AIR 2011 SC 2275
2. Vijay Singh v. Murarilal, AIR 1979 SC 1719
3. SJ 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 2867
8. Brajendra Nath Bhargava v. Ramchandra Kasliwal, AIR 1999 SC 2866
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
Module 08 The Contempt of Courts Act, 1971 :
1. Historical development of law of contempt of court in India
2. Freedom of speech, Law of defamation and contempt of Court -
Constitutional perspectives
3. Meaning of contempt - Civil contempt and Criminal contempt
4. Defenses for contempt - Civil and Criminal contempt
5. Punishments for contempt
6. Procedure for initiating contempt proceeding
7. Contempt by Judges, Magistrate, Lawyers, Companies and others
8. Contempt of Supreme Court, High Court and Subordinate Court
9. Remedies, Apology, Appeal and Review
10. Comparison with Order 39 Rule 2A of Civil Procedure Code
Module 09 Cases Prescribed for Study on Contempt of Court :
1. In Re Arundhati Roy, AIR 2002 SC 1375
2. Pushpaben v. Narandas V Badiani, AIR 1979 SC 1536
3. LD Jaikwal v. State of UP, AIR 1984 SC 1734
4. Charan Lal Sahu v. Union of India, AIR 1988 SC 107
5. PN Duda v. V P Shiv Shankar, AIR 1988 SC 1202
6. Noorali Babul Thanewala v. KMM Shetty, AIR 1990 SC 464
7. Bal Kishan Giri v. State of UP, AIR 2014 SC (Supp) 469
8. High Court of Judicature of Bombay v. Manisha Koirala, 2003 CriLJ 1634
(Bom HC)
9. Dr. Subramanian Swamy v. Arun Shourie, AIR 2014 SC 3020
10. In Re S Mulgaokar, AIR 1978 SC 717

Note :
1. The college shall organise Interaction Session(s) of experts in the area of professional
ethics, contempt of courts, etc. with the students.
2. The purpose of the interaction session(s) should be to provide or to enhance the practical
knowledge of the students with respect to the course.
3. The concerned teacher is advised to orient the students, before organisation of interaction
session, as to purpose of interaction, concerned legal provisions, etc.

Part B : Contents of Written Submissions (Journal) :


The Written Submissions (Journal) shall contain the following :
1. Essay on the topic from law relating to Legal Profession in India, assigned by concerned
teacher.
2. Essay on the topic from Law relating to Contempt of Court, assigned by concerned teacher.
3. Report on an Interaction Session(s) of experts with the students.
4. Case Comments on 2 cases on Professional Ethics, assigned by concerned teacher.
5. Case Comments on 2 cases on Contempt of Court, assigned by concerned teacher.
Note :
1. A Report on interaction session shall consists of : (a) Purpose of the Interaction, (b)
Observations / Information Collected by the student, (c) Relevant Provisions of Law, (d)
Comments on Linkage between Law and Practice. The concerned teacher may add in or
modify the specified contents of report.
2. The case comment shall consists of : (a) Citation of the case, (b) Facts of the case, (c) Issues
of facts and of laws, (d) Arguments advanced, (e) Decision of the Court, (f) Ratio of the case,
and (g) Comments on the decision.

Recommended Readings :
1. K.V. Krishnaswamy Iyer, Professional Conduct and Advocacy, Oxford University Press.
2. Dr. Kailash Rai, Legal Ethics – Accountancy for Lawyers and Bench - Bar Relations
Central Law Publications, Allahabad, 2015.
3. B.R. Aggarwala, Supreme Court Practice and Procedure, Eastern Book Co.
4. P. Ramanath Iyer, Advocate his Mind and Art, Wadhwa Nagpur, 2003.
5. Dr. S.P.Gupta, Professional Ethics, Accountancy for Lawyers and Bench-Bar Relations,
Central Law Agency, Allahabad, 2004.
6. M.P. Jain, Outline of Indian Legal History, Chapter : Development of Legal Profession,
LexisNexis, 2014.
7. M.R. Mallick, The Advocates Act, 1961 with Professional Ethics, Advocacy, and Bar-
Bench Relationship. Kamal Law House, Calcutta, 2000.
8. Dr B Malik, The Art of a Lawyer The University Book Agency, Allahabad, 1999.
9. Raju Ramachandran : Professional Ethics for Lawyers, Changing Profession, Changing
Ethics, LexisNexis, 2004.
10. Saadiya Suleman, Professional Ethics & Advertising by Lawyers, Universal Law
Publishing, New Delhi, 2014.
11. M.K. Gandhi, The Law and the Lawyers, Navjeevan Publication, Ahemadabad.
12. Law Commission of India, Report No.274 on Review of the Contempt of Courts Act, 1971,
April 2018.
Optional Subject 3 (Any one from the following) :

LO 0705 Comparative Constitutions :

Objectives of the Course : This course aims to acquaint the students with scope and significance
of comparative study of the constitutional law from the point of view of its making and it’s
contemporary working. It will help the students to appreciate the constitutional developments
from the national and international perspectives. It takes in its fold the basic principles of
interpretation of Constitution. It will enhance the comprehension of Constitutional law as a
branch of public law.

Module 01 Scope and Significance of Comparative Study of Constitutional Law :


1. Forms of Government - Parliamentary-Presidential-Monarchial
2. Types of Constitutions
3. Scope and significance of comparative study of Constitution in Constitution
making
4. Significance of comparative study of Constitution in interpretation
5. Common law of England
6. American Constitution
7. The Common law heritage
8. Indian position
Module 02 History of Constitution Making and its Development in India :
1. Applicability of foreign precedents in interpretation of the Constitution of
India
2. Fundamental Rights : Bill of Rights
3. Instances of application of foreign precedents
4. Instances of departures from foreign precedents
5. Forms of Government : Article 74 and 75
Module 03 Federalism- Comparative Study :
1. Principles of federalism
2. Legal features of federalism
3. Co-operative federalism
4. Transition from comparative federalism to co-operative federalism
5. Distribution of legislative and financial power in a federal system
6. Federalism - Indo-U.S. comparative perspectives
7. Separation of power : Checks and balance mechanism
8. Amending power in India, U.S. and Australia: comparative perspective
Module 04 Judicial Review :
1. Evolution and concept of judicial review
2. Meaning of judicial review
3. Characteristics of modern Constitutions and their impact on Judicial
Review
4. Constitutional growth in India under judicial review and its impact
Module 05 Justification and Limitation of Written Constitution :
1. Incidents of written Constitution - a legal instrument
2. Justiciability of written Constitution
3. Written Constitutions which are not justiciable : France, U.S.S.R., China
4. Indian Constitution : Justiciability and non-justiciability
Module 06 Interpretation of Constitution :
1. Interpretation as a legal instrument
2. Limitations of liberal interpretation
3. Spirit of Constitution
4. Indian Constitution and instances of interpretation
Module 07 Constitution as Higher Law :
1. Higher law distinguished from ‘Rule of Law’
2. Elements of Rule of Law
3. Parliamentary supremacy under the Indian Constitution
4. Distinction between Constitutional Law and Ordinary law
Module 08 Role of Judiciary and Doctrine of State Action :
1. Court as guardian of the Constitution
2. Exceptions to judicial review
3. Special functions of judiciary in federation
4. Constitutional Law as a branch of public law

Recommended Readings :
1. D.D. Basu, Comparative Constitutional Law, LexisNexis Butterwoths Wadhwa, Nagpur.
2. D.D. Basu, Comparative Federalism, Wadhwa and Company, Nagpur.
3. Dr. Chakradhar Jha, Judicial Review of Legislative Acts, LexisNexis Butterwoths Wadhwa,
Nagpur.
4. M. V. Paylee, Constitutions of The World, Universal Law Publishing, Delhi, Vol.1&2.
5. M.P. Jain, Indian Constitutional Law, Wadhva and Company, Nagpur.
6. H.R. Khanna, Making of India’s Constitution, Eastern Book Co., Lucknow.

LO 0706 Investment and Securities Law :

Objectives of the Course : The securities market plays a very important role in the growth and
development of Indian market economies. Mature and well-regulated securities market supports
corporate initiatives and also facilitate the management of financial risks. Also, retail investors
are investing an increasing proportion of their money in mutual funds and other collective
investments which places the securities markets at the central of individual wealth. This course
aims to introduce students to the various laws and regulations enacted by the competent
legislative and regulating bodies governing the operation and movement of security market.

Module 01 Historical evolution of Investment and Securities Laws :


1. Meaning and Definition of Investment and Securities
2. Historical origins of Investment and Securities law - International and
National Perspective
3. History of Capital Markets in India
4. Need for securities legislation and investor protection
Module 02 Regulatory Framework to Govern Securities in India :
1. Concept of Securities
2. Kinds of Securities - Ownership instruments, Shares, Stocks
3. Debt instruments - Debentures and Bonds
4. Offered Documents - Prospectus
5. Norms of disclosure under different laws - the Companies Act, 2013, the
Securities Contracts (Regulation) Act, 1956 and the Securities Exchange
Board of India Act, 1992 (only relevant provisions)
Module 03 Concept of Securities Market and Securities Market Intermediaries :
1. Primary Market : Scheme of Primary Market, Advantages - Disadvantages
to Companies and investors.
2. Provisions relating to IPO, FPO, Private placement, bonus issue, Qualified
Institutional Placement under the SEBI (Issue of Capital and Disclosure
Requirement) Regulations, 2018
3. Primary Market intermediaries - Merchant Banker, Managers to issue,
Registrar and Share Transfer Agent, Bankers to the issue, Brokers, Syndicate
Members
4. Secondary Market intermediaries - Registrar and Share Transfer Agent,
Brokers / sub-brokers, Portfolio Managers, Investment Advisers, Research
Analyst, Credit Rating Intermediaries, Clearing Corporations
Module 04 Securities and Exchange Board of India and the Depositories Act, 1996 :
1. Background and Introduction, Constitution of SEBI
2. SEBI - Power and Functions, Role of SEBI in securities market.
3. SEBI - Power to issue Informal Guidance
4. SEBI - Power to issue Regulations, Rules under Securities Market
5. Constitution of Securities Appellate Tribunal (SA), SAT - Power and
Functions
6. The Depositories Act, 1996 - Rights and Obligations of depositories,
Depository Participants, Issuers and beneficial owners, Penalties.
Dematerialisation and Rematerialisation of securities (Procedure,
Advantages and Disadvantages)
7. Relevant provisions of the Companies Act, 2013
Module 05 Stock Exchange and Investor Protection :
1. The Securities Contracts (Regulation) Act, 1956 - Recognized stock
exchanges, listing of securities, penalties and procedure
2. Procedure for a stock exchange to be a recognized Stock Exchange, Power
of Government, procedure for de-recognition of a stock exchange
3. Concept of Demutualization of stock exchanges and its impact on the
Indian economy and the Regional stock exchanges
4. Minimum public shareholding and its advantages to shareholders and
stakeholders
5. Trading, Spot delivery contract, Badla Contract, Future contracts, Options,
6. Derivatives, Listing of Shares
7. Investors Protection mechanism under various statutes - Role and functions
of SEBI Tribunal, the Companies Act, 2013 - Acceptance of deposits,
Misstatement in prospectus, fraudulently inducing person to invest money,
non-payment of dividend, Right to demand financial statement, Investor
Education and Protection Fund, class action suits
Module 06 Insider Trading and Takeover Code :
Insider Trading :
1. Insider Trading : Meaning and Definition of Insider Trading. Insider,
Connected person, deemed to be connected, trading, Unpublished price
sensitive information, generally available information, Chinese wall,
Compliance Officer, Trading Window, Pre-clearance, Code of Conduct
2. Penalty for Insider Trading
3. Position in UK and USA
Takeover Code :
1. Meaning and definition of control, voting rights, shares, acquirer, target
company, Person acting in concert, Deemed to be connected person,
acquisition of shares, open offer, public announcement, offer letter, offer
price
2. Shareholding thresholds / Triggers under Takeover Code
3. Procedure of public announcement and open offer
4. Exemptions (general and specific exemptions)
Module 07 SEBI (Listing Obligations and Disclosure Requirement Regulations) :
1. Meaning and purpose of listing and delisting, advantages and disadvantages
2. Principles governing disclosures and obligations of listed entity
3. Listing Agreement
4. Compliance Officer
5. Grievance Redressal Mechanism
6. Corporate Governance Norms - directors, women directors, independent
directors, audit committee, risk management committee, remuneration
committee, stakeholder relationship committee, maximum number of
directorships, related party transactions, obligations of independent directors
7. Disclosure of event or information under SEBI Regulations
8. Re-classification of promoters into non-promoters
9. Annual report

Module 08 Foreign Investment Laws :


1. The Foreign Exchange Management Act, 1999 -
a) Regulation and management of Foreign Exchange
b) Contravention and Penalties
c) Adjudication and Appeal
d) Directorate of enforcement
e) Inbound and outbound investment in India (Foreign Direct Investment
and Overseas Direct Investment)
f) Setting up of Joint Ventures and Wholly owned subsidiaries in India
and outside India
2. Regulation of Foreign Institutional Investors (FII) / Foreign Portfolio
Investor (FPI) in India
3. Participatory Note

Recommended Readings :
1. Sanjeev Agarwal, Guide to Indian Capital Market, Bharat Law House, 2009.
2. Imaad A Moosa, Foreign Direct Investment: Theory Evidence and Practice, Palgrave
MacMillan, 2010.
3. Niti Bhasin, FDI In India, New Century Publication, 2008.
4. V.A. Avdhani, Investment and Securities Market in India, Himalaya Publishing House,
2011.
5. Vishal Saraogi : Capital Markets and Securities Laws Simplified, Lawpoint Publication.
6. E. Gordon & K. Natarajan: Capital Market in India; Himalaya Publishing House.
7. V.L. Iyer : SEBI Practice Manual; Taxmann Allied Service (P) Ltd.

LO 0707 Criminal Minor Acts :

Objectives of the Course : The Indian Penal Code, 1860 is not the only criminal law in India,
though it is one of the major criminal law. Apart from Indian Penal Code there are many other
criminal legislations. In a post-independence period many legislations were enacted by the
Centre and State to control crime and criminal behavior. These special legislations redefined
crime and the criminal procedure to be followed. These legislations are rampantly been used by
police and courts in day to day life. The course is designed to acquaint the students with few
important criminal laws, which are essential for all criminal law lawyers.

Module 01 The Maharashtra Police Act, 1951 :


1. Historical background, Objects, Scope and Definitions under the Act
2. Superintendence, control and organization of the Police Force
3. Regulation, Control and Discipline of the Police Force
4. Police Regulations
5. Special measures for Maintenance of Public Order and Safety of State
6. Executive Powers and Duties of the Police
7. Offences and Punishments
Module 02 The Prevention of Corruption Act, 1988 :
1. Legislative History, Object and Scope of the Act, Definitions of Public
Servant and Public Duty
2. Appointment of Special Judges
3. Offences and Punishments
4. Investigation into cases
5. Sanction for Prosecution Special Procedure : Change in Rules of Evidence
and Criminal Procedure (Sections 20-24)
Module 03 The Maharashtra Control of Organized Crime Act, 1999 :
1. Legislative History, Object and Scope of the Act
2. Organized Crime : Definition and Scope, Punishments
3. Courts and Public Prosecutor (Sections 6-12)
4. Interception of Wire, Electronic or Oral Communication (Sections 13-16)
5. Special Procedure : Change in Rules of Evidence and Criminal Procedure
(Sections 17- 23)
Module 04 The Narcotic Drugs and Psychotropic Substances Act, 1985 :
1. Legislative History, Object and Definitions
2. Authorities and Officers
3. Prohibition, Control and Regulation of Narcotic Drugs and Psychotropic
Substances
4. Offences and Punishments
5. Procedure under Act
Module 05 The Juvenile Justice (Care and Protection of Children) Act, 2015 :
1. Object, Application and definitions under the Act
2. General Principles of Care and Protection of Children
3. Juvenile Justice Board
4. Procedure in Relation to Children in Conflict with Law
5. Child Welfare Committee
6. Procedure in Relation to Children in Need of Care and Protection
7. Rehabilitation and Social Re-integration
8. Adoption
9. Other Offences Against Children
Module 06 Introduction to Cyber Crimes - Relevant provisions under the
Information Technology Act, 2000 :
1. Object, Application and Relevant Definitions under the Act
2. Salient Features of the Act
3. Offences, Punishment and Procedure of Investigation and Trial (Chapter XI
- Sections 65 to 78)
4. Exemption from Liability of Intermediary in Certain Cases (Section 79)

Recommended Readings:
1. Sunil Dighe, The Maharshtra Police Act 1951, Snow White Publication, 2016.
2. D.R. Chaudhary & A.N. Choudhary, The Maharashtra Control of Organized Crime Act
1999, CTJ Publications.
3. A.S. Ramachandra Rao, Commentary on the Prevention of Corruption Act, Universal
Publication Co., New Delhi.
4. R.P Kataria, Law Relating to Narcotic Drugs and Psychotropic Substances in India,
Oriental Publication.
5. Taxmann on Juvenile Justice (Care and Protection of Children) Act, 2015.
6. Dr. R.K. Chaubey, ‘An Introduction to Cyber Crime and Cyber Law’, Kamal Law House.
7. Dr. J.P. Mishra, An Introduction to Cyber Laws, Central Law Publications, 1st edn. 2012.
8. Rohatgi and Karkare, ‘Guide to Cyber Law & Crimes’, 3rd edn. Whytes & Co. 2018.

LO 0708 Cooperative Law :

Objectives of the Course : This course enables a student a study of the form of organisation set
up for mutual benefit. The first part of the course is about principles of cooperation, its history,
growth and development and the characteristics of a cooperative society. The other
part of the course is a detailed study of the Maharashtra Co-operative Societies Act 1960 (the
MCS Act, 1960) which will enable a student to know about the process of formation,
management and control of cooperative societies, their relations with third parties and its
members, and settlement of disputes between the society and its members. This study will equip
a student to understand this special law, and to specialize in this branch of law.

Module 01 Theory and Principles of Co-operation :


1. Capitalist, socialist and co-operative forms of organisation
2. Definition of co-operation
3. Fundamental principles of co-operation
4. Importance, advantages and limitations of co-operation
5. Advantages of co-operative organization in the society and the economy
6. Social, economic and moral benefits of co-operation
Module 02 History, Growth and Development of Co-operation :
1. History, growth and development of co-operative movement in India
2. Growth and development through Five-Year Plans
3. Role of the State in development of co-operation, State aid to societies
4. Role of National Co-operative Development Corporation, NABARD
5. Co-operative legislations, particularly the State cooperative laws and Multi
State Cooperative law, with special reference to Maharashtra
6. Constitutional Provisions – Freedom to form Co-operative Societies and
Restrictions (Article 19) and Provisions relating to Co-operative Societies
(Articles 243ZH to 243 ZT)
Module 03 Nature of Co-operative Societies:
1. Characteristics of a co-operative society
2. Comparison with other forms of organization, viz., company, trust and
partnership firms
3. Role and functions of different kinds of co-operative societies: Credit,
finance, banking; Producers, farmers, dairy; Consumers; Housing;
Marketing
4. Salient features of the Multi-State Cooperative Societies Act, 2002
Module 04 Preliminary and Registration of Societies :
1. Objects and Definitions under the MCS Act, 1960
2. Societies that can be registered, limited liability or unlimited liability,
Classification of societies, Conditions of registration, Name of society,
Procedure for registration
3. Bye-laws, important features of Model Bye-laws
4. Cancellation of registration, De-registration
5. Amalgamation, Transfer, Division or Conversion Societies
Module 05 Members of Society :
1. Who can become a member, types of members, open membership
2. Procedure for admission, continuation and cessation of membership,
Removal and expulsion of a member
3. Rights, privileges, duties, disabilities and liabilities of members, voting
power of a member, expulsion of members
Module 06 Incorporation, Duties and Privileges of Society :
1. Effect of incorporation
2. Register of members, and its inspection and copies
3. Rights, privileges and immunities of a Society
4. Duties, disabilities, liabilities of, and restrictions on a Society
Module 07 Elections and Management of a Society :
1. Final authority of General Body
2. Election of the Managing Committee, Procedure, Supervision over elections,
Elections to specified and notified societies, No-confidence against officers
of societies
3. Managing Committee, Constitution, Who can be its member, Reservation of
seats, its powers and functions, Liability of members of the managing
committee
4. Appointment and nomination of members of committee, Disqualification of
membership of the committee
5. Meetings of General Body and Managing Committee, Annual general
meeting and special general meeting, Conduct of business at such meetings
6. Registrar’s powers of supervision, inquiry, investigation and administration
Module 08 Dispute Settlement and Liquidation :
1. Types of disputes, and forums for redressal, Cooperative Court, Registrar
2. Exclusive jurisdiction of the Cooperative Court, Jurisdiction, Limitation
period
3. Procedure for settlement of disputes and Powers of the Co-operative Court,
its decision, Appeals against decisions,
4. Contempt of Co-operative Court and Cooperative Appellate Court
5. Constitution and powers of the Maharashtra State Co-operative Appellate
Court
6. Appeal, Review and Revision
7. Disputes for recovery of money, Recovery certificate and its effect,
8. Liquidation of Cooperative Societies, Appointment of and Powers of
Liquidator, Procedure for liquidation and winding up.
9. Offences and Penalties, Cognizance of offences
Module 09 Finance, Accounts and Audit :
1. State aid to societies, Role of apex societies.
2. Funds and their utilization, Restrictions on utilization of funds, Reserve
Fund, Restriction on dividends, Investment of funds
3. Maintenance of account books and registers
4. Audit of cooperative societies, need for audit
5. Rectification of defects in accounts
6. Registrar’s powers of inspection and supervision
Recommended Readings:
1. B B Goel, Cooperative Legislation – Trends and Dimensions, Deep and Deep Publications.
2. Rish Pal Nainta, Laws Relating to Cooperative Societies – A Commentary, 2004.
3. Sunil Dighe: Maharashtra Co-Operative Societies Act, 1960 and Rules, 1961, Snow White.
4. S Desai, Commentary on Co-operative Housing Societies, Snow White Publications, 2009.
5. V V Ghanekar, Co-Operative Movement in India, Institute of Rural Development &
Education, 2004.
6. A K Gupte and S D Dighe, Maharashtra Co-operative Societies Act 1960 with Rules 1961.
Hind Law House, 2008.
7. M C Jain and H M Bhatt, Maharashtra Co-Operative Societies Act, 1960, Law Times.
8. A E Karmali, Maharashtra Co-operative Societies Act, 1960 and Rules,1961, Snow White
Publications, 1997.
9. H A Mehta, Guide to Co-Operative Housing Societies, 7th ed Reprint, Snow White
Publications, 2012.
10. R K Pillai, Maharashtra Co-Operative Societies Act, 1960, Current Publications, 2014.
11. A M Shah, Maharashtra Co-Operative Societies Act, 1960, Snow White Publications,
2004.
12. Guide to Co-Operative Housing Societies, Snow White Publications, 2017.

LO 0709 Private International Law :

Objectives of the Course : Private International Law, also known as conflict of laws, is a
national law, consisting of rules that enable finding that law of that country which will govern
disputes among private parties that involve a foreign element.
This course is important for every student interested in developing civil and commercial practice
relating to cross border issues involving contracts, property, succession, marriage, divorce, and
adoption. Study of this law will also give an international and comparative perspective to the
study of different laws required in practice of civil law.

Module 01 Introduction :
1. Meaning and definition of Private International Law
2. Historical development of Private International Law and Indian Private
International Law
3. Nature, scope, theories and sources of Private International Law
4. Relationship between Public International Law and Private International
Law
Module 02 Characterization :
1. Meaning, and nature of problem requiring characterization
2. Concept and theories of characterization - based on lex fori, lex causae;
Two-fold characterization (primary and secondary), Comparative Law
3. Process and stages of characterization -
a) Characterization of factual situation
b) Characterization of connecting factor
c) Characterization of proper law
4. Doctrine of renvoi : Meaning, process and theories of renvoi
a) The mutual disclaimer theory
b) The theory of renvoi proper
c) The foreign court theory
Module 03 Domicile as a Connecting Factor :
1. Meaning and definitions
2. Acquisition of domicile -
a) Domicile of independent persons : Domicile of origin; Domicile of
choice: residence and intention, abandonment of domicile of choice,
comparison between domicile of origin and choice; Domicile of
refugees, fugitives
b) Domicile of dependents : married women, minor children, lunatics
c) Domicile of legal persons
Module 04 Law of Property :
1. Characterization - movable and immovable property
2. Transfer of immovable property, concept of lex situs, capacity and formal
validity of transfer, the Mozambique rule and exceptions
3. Transfer of tangible and intangible movable property, meaning, Theories -
lex domicile, lex actus, lex situs and proper law; Issues in transfer of tangible
movables, Assignment of intangibles - debts and documents,
voluntary and involuntary assignment
Module 05 Law of Contractual Obligations :
1. Proper law of contract - meaning and nature, freedom of choice, implied
choice of law, Real and substantial connection theories
2. Validity and formation of contract - creation of contract, formal and material
validity, capacity, contracts contrary to public policy and procedural law
3. Interpretation of contract
4. Discharge of contract - performance and impossibility of performance, lex
loci contractus and lex loci solutionis

Module 06 Law of Non-Contractual Obligations :


1. Tortious act, and lex loci delicti
2. Theories - lex fori, lex loci commissi and proper law or social environment
3. Jurisdictional issues - cause of action and locus delicti, Choice of law - the
English approach
4. Defences
Module 07 Marriage and Dissolution of Marriage :
1. Marriage - the nature of marriage and polygamous marriages,
Characterization of marriage, Validity of marriage - material and formal
validity; English and Indian law
2. Dissolution of marriage, grounds for divorce, jurisdiction - residence,
choice of law, recognition of foreign divorce in India
Module 08 Legitimacy, Legitimation and Adoption :
1. Legitimacy and legitimation - meaning, English law and Indian law, Choice
of law
2. Adoption - position in Indian and English law, Hague Conference on
Private International Law
Module 09 Foreign Judgments :
1. Recognition and enforcement of foreign judgments - Theories - comity,
obligation, judicial reason, harmony, Indian Law
2. Recognition of foreign judgments - Conclusive and final judgment, Defences
against enforcement of foreign judgments, Rule of res judicata, Reciprocity
3. Execution of foreign judgments by Indian courts

Recommended Readings :
1. Dicey, Morris & Collins, Conflict of Laws, Sweet and Max well 15th ed., 2016.
2. James Fawcett and Janeen M Carruthers, Cheshire and North’s Private International Law
Oxford University Press, 14th ed., 2008.
3. Setalvad, Atul M., Conflict of Laws, Lexis Nexis, 2014.
4. Paras Diwan, Private International Law : Indian and English; Deep & Deep, 2008.
5. K.B. Agraawal & Vandana Singh, Private International Law in India, Wolters Kulwer
International, 2010.
6. Universal Law Series, Private International Law, Universal Law Publishing, 2016.
7. V. C. Govindraj, The Conflict of Laws in India- Inter-Territorial and Inter-Personal
Conflict Oxford University Press, 2011.

Conventions and Indian Statutes to be Referred :


1. Hague Codification Convention on Private International Law.
2. Convention of 15 June 1955 relating to the settlement of the conflicts between the law of
nationality and the law of domicile.
3. Convention of 1 June 1956 concerning the recognition of the legal personality of foreign
companies, associations and institutions.
4. Convention of 24 October 1956 on the law applicable to maintenance obligations towards
children.
5. Convention of 15 November 1965 on Jurisdiction, Applicable Law and Recognition of
Decrees Relating to Adoptions.
6. Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations.
7. Convention of 14 March 1978 on Celebration and Recognition of the Validity of
Marriages.
8. Principles on Choice of Law in International Commercial Contracts 2015.
9. Convention of 1 February 1971 on the Recognition and Enforcement of Foreign Judgments
in Civil and Commercial Matters.
10. Relevant Indian Legislative provisions under Law of Contract, Civil Procedure Code,
Family Law and Law of Property.
Fourth Year B.A. LL.B. - Semester VIII
Fourth Year B.B.A. LL.B. - Semester VIII
Second Year LL.B. - Semester IV

LC 0801 Labour and Industrial Law :

Objectives of the Course : The labour movement has been instrumental in the enacting of laws
protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the
social and economic development since the industrial revolution. After the Independence the
government of India has enacted numerous legislations for the regulation of labour relations
and their welfare. Labour and Industrial law mediates many aspects of the relationship between
trade unions, employers and employees. It defines the rights and obligations of workers, union
members and employers in the work place. An understanding of Labour Laws is very essential
for law students because of the fact that the scope and ambit of these laws is very wide and is
touching the lives of millions of people in the country.

Module 01 Constitutional Provisions on Labour Legislations :


Labour legislations and relevant Constitutional provisions - Fundamental
Rights, Directive Principles of State Policy and Distribution of legislative
powers
Module 02 Settlement of Industrial Disputes :
The Industrial Disputes Act, 1947 : Objectives, Basic Definitions, Industry and
Industrial Disputes, Settlement of Industrial Disputes - Authorities and Procedures,
Strikes, Lock-outs, Lay off, Retrenchment and Recovery of Dues
Module 03 Unfair Labour Practices and Model Standing Orders :
1. Unfair Labour Practices Under the Maharashtra Recognition of Trade
Unions and Prevention of Unfair Labour Practices Act 1971
2. The Industrial Employment (Standing Orders) Act, 1946 :
a) Model Standing Orders - Misconducts
b) Disciplinary Proceedings in Industries / Domestic Inquiry - Preliminary
Enquiry, Charge-sheet, Procedure of Domestic Inquiry, Enquiry report
and Punishment
Module 04 The Factories Act, 1948 :
Objectives, Basic Definitions, Health, Safety and Welfare Measures, Working
Hours of Adults and Employment of Young Persons and Women, Leaves
Module 05 The Employees' Compensation Act, 1923 :
Objects and Reasons, Definitions, Employer's Liability for Compensation,
Amount of Compensation, Doctrine of Notional Extension and Doctrine of
Added Peril
Module 06 The Contract Labour (Regulation and Abolition) Act, 1970 :
Objects and Reasons, Registration of establishments, Licensing of Contractors,
Welfare and Health of Contract Labour, Penalties and Procedures
Module 07 Laws Relating to Wages :
1. The Minimum Wages Act, 1948 - Objects, Definition of Wages, Fixation and
Revision of Minimum Wages, Wage Theories
2. The Payment of Wages Act, 1936 - Objects, Definition of Wages, Payment of
wages, Deductions from Wages, Authorities

Recommended Readings :
1. Avtar Singh and Harpreet Kaur, Introduction to Labour and Industrial Law, LexisNexis.
2. G.M. Kothari, How to Conduct and Defend Disciplinary Inquiry and Cases, Eastern Book
Company.
3. H.L. Kumar, Law Relating to Disciplinary Proceedings in Industries, Universal Publishing
Co Pvt. Ltd.
4. P.L. Malik, Handbook of Labour and Industrial Law, Eastern Book Company.
5. S.D. Puri and Sandeep Puri, Treatise on the Contract Labour (Regulation and Abolition)
Act,1970, Snow White Publications.
6. S.K. Puri, Labour and Industrial Law, Allahabad Law Agency.
7. S.N. Mishra, Labour and Industrial Laws, Central Law Publications.
8. S.P. Jain, Industrial and Labour Laws, Dhanpat Rrai & amp: Co.
9. Taxmann's Labour Law.
10. V.G. Goswami, Labour and Industrial Laws, Central Law Agency.

LC 0802 Jurisprudence :

Objectives of the Course : The course aims at developing an analytical approach to understand
the nature of law and the development of legal system. Jurisprudence seeks to answer
fundamental questions about law. The concerns of jurisprudence are an inescapable feature of
the law and legal system. Jurisprudence has generous frontiers. It accommodates copious
subjects of intellectual enquiry. This course identifies and elucidates several of the major
preoccupations of legal theory. This course also create an understanding of basic legal concepts
like Rights, Person, Property, Title, Possession, Ownership, Liability, Obligation which are basic
to the study of Law.

Module 01 Introduction to Jurisprudence :


1. Jurisprudence – Meaning, Nature, and Utility
2. Meaning, Characteristics, Purposes and Classification of Law
3. Relationship between Law and Morality
Module 02 Sources of Law :
1. Legislation – Meaning, nature, kinds, merits and demerits, relation with
other sources
2. Precedent - Meaning, nature, theories of Precedent, Doctrine of Stare
Decisis, article 141 of the Constitution of India, kinds, ratio decidendi and
obiter dicta, doctrine of prospective overruling, significance and
circumstances destroying binding force, relation with other sources
3. Custom - Meaning, nature, essential conditions, kinds, concept of Volkgeist
4. Juristic Writings - Meaning, nature and significance
Module 03 Natural Law Theories :
1. Classical Natural Law theory: Plato and Aristotle, St. Augustine, St.
Thomas Acquinas
2. Natural law and Social Contract Theory : Hugo Grotius and International
Law, Hobbes, Locke, Rousseau
3. Revival of Natural Law : Lon Fuller and the Morality of Law, H.L.A. Hart
on Natural Law, John Finnis and the Restatement of Natural Law
Module 04 Legal Positivism :
1. Bentham and John Austin's theory of positivism
2. Hart's concept of law
3. Kelsen's Theory of law
Module 05 Sociological, Realist and Historical Schools of Law :
1. Sociological school of law - Roscoe Pound
2. Realist school of law -
a) American Realism: W Holmes, Karl Llewellyn, Jerome Frank
b) Scandinavian Realism: Axel Hagerstrom, Alf Ross, Karl Olivercrona
3. Historical school of jurisprudence - Savigny and Maine. - Comparison of
Historical and Analytical School of Law
Module 06 Critical Legal Studies :
1. Critical Feminist Jurisprudence -
a) Feminist Legal Theory
b) Origins of Feminism
c) Legal Feminisms - Liberal Feminism, Radical Feminism, Postmodern
Feminism
2. Critical Race Theory -
a) Critical Race Theory’s critique of Liberalism
b) Critical Race Theory’s racial critique of Civil Rights Scholarship
c) Critical Race Theory as Reconstruction Jurisprudence
Module 07 Rights and Duties :
1. Meaning of Wrong, Duty and Right
2. Characteristics of Legal Rights
3. Kinds of Legal Rights
4. Theories of Legal Rights
5. Hohfeldian Classification of Legal Rights
Module 08 Concept of Property and Obligations :
1. Meaning of Property
2. Kinds of Properties
3. Theories of Property
4. Modes of acquisition Property
5. Definition of Obligation
6. Solitary Obligations
7. Sources of Obligations
Module 09 Concepts of Ownership and Possession :
1. Meaning of Ownership
2. Characteristic of Ownership
3. Subject-matter of Ownership
4. Kinds of Ownership
5. Modes of acquiring Ownership
6. Meaning of Possession
7. Kinds of Possession
8. Modes of acquiring Possession
9. Possessory Remedies
10. Comparison between Ownership and Possession
Module 10 Concept of Person :
1. Nature of Personality - Natural and Legal
2. Legal Status of Lower Animals, Dead persons, Unborn Persons
3. Kinds of Legal Persons
4. Uses and Purposes of Incorporation
5. Theories of Legal Personality
Module 11 Concept of Title :
1. Definition and Nature of Title
2. Classification of Titles
3. Importance of Agreements
4. Kinds of Agreements
5. Validity of Agreements
Module 12 Concept of Liability :
1. Definition and Nature of Liability
2. Kinds of Liability
3. General Conditions of Liability
4. Measure of Penal Liability
5. Measure of Civil Liability
6. Theory of Strict and Absolute Liability
7. Vicarious Liability in Civil and Criminal Law
8. Liability of Corporations

Recommended Readings :
1. Bodenheimer Jurisprudence – The Philosophy and Methods of Law, Universal Law
Publishing, 1996.
2. Fitzgerald, (ed.) Salmond on Jurisprudence, Sweet & Maxwell, 1999.
3. W. Friedman, Legal Theory, Universal Law Publishing, New Delhi, 1999.
4. H.L.A. Hart, The Concept of Law, Oxford University Press, ELBS, 1970.
5. Hilaire McCoubreyand Nigel D. White, Textbook on Jurisprudence, Oxford University
Press, 1999.
6. M.D.A. Freeman (ed.), Lloyd’s Introduction to Jurisprudence, Sweet and Maxwell, 1994.
7. Mark Kelman, A Guide to Critical Legal Studies, Universal Law Publishing Co., 2010.
8. N.Y. Jayakumar, Lectures in Jurisprudence, 2nd Ed., LexisNexis.
9. P.S. Atchthew Pillai, Jurisprudence and Legal Theory, Eastern Book Company.
10. Paton G. W. Jurisprudence, Oxford University Press, ELBS, 1972.
11. Raymond Wacks, Understanding Jurisprudence, Oxford University Press, 2012.
12. Roscoe Pound, Introduction to the Philosophy of Law, 1998 Re-print, Universal
Publication, Delhi.
13. Suri Ratnapala, Jurisprudence, Cambridge University Press, 2009.
14. V. D. Mahajan, Jurisprudence and Legal Theory, 1996 Re-print, Eastern Books, Luknow.
15. Vijay Ghormade, Lectures on Jurisprudence & Legal Theory, Hind Law House, Pune.

LC 0803 Law of Evidence :

Objectives of the Course : The Indian Evidence Act, 1872 is the important source of Law of
Evidence. The objectives of the course are to equips the students with knowledge of : (a) the
fundamental principles of evidence law, (b) the strict application of it in judicial proceedings,
(a) the role of evidence law in civil and criminal proceedings, (d) the connection of the course
with substantive and other procedural laws, and (e) the relevance of the course in non-litigation
practice. The student will also be exposed to the concerned provisions of the Information
Technology Act, 2000.

Module 01 Introduction of the Act (Sections 1-5) :


1. Importance of Law of Evidence
2. Role in Civil and Criminal Proceedings
3. Application of the Act
4. Interpretation clause under the Act
5. Presumptions : May presume, shall presume and conclusive proof
6. Relevant Definitions under the Information Technology Act, 2000
7. Evidence of Facts in issue and Relevant Facts only
8. Relevancy and Admissibility
Module 02 Relevancy of Facts I :
1. What Facts are Relevant (Sections 6-16)
2. Relevancy of Admissions (Sections 17-23 and 31)
3. Relevancy of Confessions (Sections 24-30)
Module 03 Relevancy of Facts II :
1. Statement by Persons who Cannot be found (Sections 32-33)
2. Statements made under Special Circumstances (Sections 34-39)
3. Judgments (Sections 40-44)
Module 04 Relevancy of Facts III :
1. Relevancy of Opinions (Sections 45-51)
2. Relevancy of Character (Sections 52-55)
3. Facts which need not be Proved (Sections 56-58)
Module 05 Oral and Documentary Evidence I :
1. Oral Evidence (Sections 59-60)
2. Documentary Evidence (Sections 61-78)
Module 06 Oral and Documentary Evidence II :
1. Presumptions as to Documents and Electronic Records (Sections 79-90A)
2. Exclusion of Oral by Documentary Evidence (Sections 91-100)
Module 07 Burden of Proof :
1. Burden of Proof (Sections 101-111)
2. Presumptions (Sections 111A-114A )
3. Doctrine of Estoppel (Sections115-117)
Module 08 Witnesses and Examinations of Witnesses :
1. Witnesses (Sections 118-134)
2. Examinations of Witnesses (Sections 135-166)
3. Improper Admission or Rejection of Evidence (Sections 167)
Recommended Reading :
1. V. P. Sarathi’s Law of Evidence, 7th ed, Abhinandan Malik (ed), Eastern Book Company,
2017.
2. M. Monir, Textbook on the Law of Evidence, 10th ed (Reprint), Universal Law House,
2016.
3. Ryan’s Essential Evidence Outlines – Practitioner and Student Handbook, 2005.
4. Avtar Singh, Principles of the Law of Evidence, 22nd ed, Central Law Publications, 2016.
5. Ratanlal and Dhirajlal, The Law of Evidence, 25th ed, B M Prasad and Monish Mohan (ed),
LexisNexis, 2016.
6. Ram Jethmalani and D. S. Chopra, Law of Evidence : Concise Commentary, Thomson
Reuters, 2015.
7. C. D. Field’s Commentary on Law of Evidence, 13th ed, Delhi Law House, 2017.
8. M. Monir’s Law of Evidence, 17th ed, Universal Law Publishing, 2016.
9. V. Nageshwar Rao, The Indian Evidence Act, 2nd ed, LexisNexis, 2015.
10. Woodroffe and Amir Ali’s Law of Evidence, 20th ed, B M Prasad and Manish Mohan (ed),
LexisNexis, 2017.
11. Sarkar’s Law of Evidence, 19th ed, Sudipto Sarkar and H R Jhingta (eds), LexisNexis,
2016.
12. Y. H. Rao and Y R Rao, Expert Evidence - Medical and Non-Medical, 4th ed (Reprint
2011) LexisNexis, 2010.
13. Ram Jethmalani and D. S .Chopra, The Law of Evidence : Commentary on Evidence Act,
1872, 2nd ed, Thomson Retures, 2016.
14. Peter Murphy and Richard Glover, Murphy on Evidence, Oxford University Press, 12th ed,
2011.
15. Nayan Joshi, Electronic Evidence, Kamal Publishers, 2012.
16. K. D. Gaur, Textbook on the Indian Evidence Act, Universal Law House, 2017.
17. N. V. Paranjpe, Evidence in Criminal Trials, Thomson Reuters, 2017.
18. Batuklal, Law of Evidence, Central Law Agency, Allahabad.
19. Stephen Mason, Electronic Evidence, 4th ed, 2017 free for download at
http://humanitiesdigitallibrary.org/index.php/hdl/catalog/book/electronicevidence.
20. Stephen Mason, Electronic Signatures in Law, 4th ed, 2016, free for download at
http://humanities-digital-library.org/index.php/hdl/catalog/book/electronicsignatures.
LP 0804 Practical Training Paper II - Alternative Dispute Resolution System :

Objectives of the Course : The objective of this course is to acquaint the students with various
modes of Alternate Dispute Resolution System (ADR). The ADR mechanism is less bound by
procedural formalities and speedy in giving results. For this reason ADR is appreciated by many
countries around the world. The course is designed to give the students insightful knowledge
about this emerging area. The goal of the course is to 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, just and humane methods. The inability to
resolve disputes in a timely manner eviscerates public and private rights obligations. To
overcome this drastic situation ADR is highly recommended and accepted. The course covers
study of the Arbitration and Conciliation Act, 1996, the Legal Services Authority Act, 1987 and
few international perspectives and enforcement of foreign awards.

Scheme of Marking :
Part A : University Written Examination : 80 Marks
Part B : Written Submissions (10 Marks) & Viva voce Examination (10 Marks) : 20 Marks

Part A : Syllabus for University Written Examination : 80 Marks

Module 01 Alternate Dispute Resolution Mechanisms :


1. Alternate Dispute Resolution Mechanisms : Meaning, Definitions, Concept
and History
2. Structure Powers and Functions of the Authorities under the Legal Services
Authority Act, 1987
3. Legislative and judicial sanction for ADR
4. Forms of ADR : Negotiation, Mediation, Conciliation, Arbitration, Lok
Adalat
Module 02 Negotiation and Mediation :
1. Meaning, features, theories, types of negotiation
2. Appointment, role and qualities of the negotiator, Process of negotiation
3. International negotiation
4. Meaning, features, theories and role of Mediation
5. Appointment and role of mediator
6. Good offices
Module 03 Conciliation :
1. Meaning, features and modes of Conciliation
2. Conciliation under the Arbitration and Conciliation Act, 1996
3. Appointment and role of conciliator
4. Techniques of conciliation and Termination of conciliation proceedings
5. Contractual provisions about conciliation
Module 04 Arbitration :
1. Meaning, features, theories and types of arbitration
2. Historical perspectives of arbitration as a dispute settlement mechanism,
and law of arbitration
3. Types of Arbitration - Domestic and International arbitration, Institutional
arbitration
4. Advantages and disadvantages of arbitration
5. Difference between Negotiation-Mediation-Conciliation-Arbitration
Module 05 Arbitration Agreement :
1. The arbitration agreement, formation, its essentials
2. Validity of arbitration agreement
3. Rule of severability, Effect of death, insolvency, etc. on agreement
4. Parties to arbitration agreement, Agreement as binding on third parties
5. Power of Court to refer parties to arbitration
6. Jurisdiction of Courts
Module 06 Structure, Powers and Functions of Arbitral Tribunal :
1. Constitution of Arbitral Tribunal - qualifications to act as arbitrator
2. Disclosures by arbitrator, Disqualification of arbitrators
3. Grounds to challenge appointment and procedure of Arbitrators
4. Powers of Courts to appoint Arbitrators
5. Jurisdiction of arbitral tribunal - Power to rule on its own jurisdiction
6. Interim measures ordered by arbitral tribunal
7. Interim measures by Court
Module 07 Arbitration Proceedings and Award :
1. Conduct of arbitral proceedings, procedure, rules of procedure
2. Language, impartiality of arbitrator, equal treatment of parties
3. Procedure before arbitral tribunal, claim, defence, hearing, evidence,
experts, confidentiality, application of the Law of Evidence and Limitation
4. Court’s assistance in taking evidence, fast track procedure
5. Arbitral award - Types of award - Form and Content - Finality of award -
Interpretation of award
6. Correction in award - Stamp duty - Registration - Additional award Costs -
Termination of proceedings
7. Time limits for award, extension of time
8. Recourse against award, Grounds of setting aside award, Court’s role,
Enforcement of award
Module 08 International Perspectives and Enforcement of Foreign Awards -
International Perspectives :
1. UNCITRAL Model Law on International Commercial Arbitration
2. The Geneva Protocol on Arbitration Clauses, 1923
3. The Geneva Convention on the Execution of Foreign Arbitral Awards 1927
4. The New York Convention on the Recognition and Enforcement of Foreign
Arbitral Awards, 1958
5. Foreign awards – meaning and definition (New York Convention Awards
and Geneva Convention Awards)
6. Referring parties to arbitration
7. Binding nature of foreign awards,
8. Enforcement of foreign award, Proof of award, Conditions for enforcement
9. Jurisdictional issues

Note :
1. The college shall organise interaction session(s) of experts in the Alternate Dispute
Resolution System with the students.
2. The college shall also organise a visit of students to State Legal Services Authority / District
Legal Services Authority / Taluka Legal Services Committee / Local Legal Aid Centre to
observe actual working of the Authority. Alternatively, the college may organise an
interaction session(s) of experts in the concerned area with the students.
3. The purpose of the visit / interaction session should be to provide or to enhance the practical
knowledge of the students with respect to the course.
4. The concerned teacher is advised to orient the students, before organisation of visit /
interaction session, as to purpose of visit / interaction, concerned legal provisions, etc.

Part B : Contents of Written Submissions (Journal) :


The Written Submissions (Journal) shall contain the following :
1. Draft of a domestic arbitration agreement after a commercial dispute has arisen between
parties.
2. Draft of an application to the Court for setting aside an arbitration award.
3. Draft of an application to the appropriate court to appoint an arbitrator when parties have
failed in their attempts to appoint one according to the arbitration agreement.
4. Report on interaction session(s) on Alternate Dispute Resolution System.
5. Report on visit to State Legal Services Authority / District Legal Services Authority / Taluk
Legal Services Committee / Local Legal Aid Centre or on Interaction Session(s).
Note :
1. A concerned teacher may change topics for writing of drafts by considering the objectives
of the course.
2. A Report on visit / interaction session shall consists : (a) Purpose of the Visit / Interaction,
(b) Observations / Information Collected by the student, (c) Relevant Provisions of Law,
(d) Comments on Linkage between Law and Practice. A concerned teacher may add in or
modify the specified contents of report.
Recommended Readings :
1. Justice R.P. Sethi, Commentary on Arbitration and Conciliation Act as Amended in 2016,
2nd Edition, Wytes and Co., 2016.
2. Madhusudan Saharay, Textbook on Arbitration & Conciliation with Alternative Dispute
Resolution, 4th ed, Universal Law Publishing, 2017.
3. N V Paranjpe, Law Relating to Arbitration and Conciliation in India, 7th ed, Central Law
Agency, 2016.
4. Avtar Singh, Law of Arbitration and Conciliation, 10th ed,, Lucknow, 2013.
5. Mallika Taly, Introduction to Arbitration, Eastern Book Company, 2015.
6. Vishnu Warrier, Arbitration, Conciliation and Mediation, LexisNexis, 2015.
7. K V Satyanarayana, Law of Arbitration and Conciliation in India, Asia Law House, 2017.
8. Anirban Chakraborty, Law and Practice of Alternative Dispute Resolution in India – a
Detailed Analysis, LexisNexis, 2016.
9. Ashwini Kumar Bansal, Arbitration and ADR, 5th ed, Universal Law Publication, 2016.
10. Shriram Panchu, Mediation Practice and Law - The Path to Successful Dispute Resolution,
2nd ed, LexisNexis, 2015.
11. Anuroom Omkar and Kritika Krishnamurthy, The Art of Negotiation and Mediation,
LexisNexis, 2015.
12. P C Rao and William Sheffield, ed, Alternative Disputes Resolution- What it is and How it
Works? Universal Law Publishing, New Delhi, 2015.
13. S B Malik, Commentary on the Arbitration and Conciliation Act, 6th ed, Universal Law
Publishing, 2013.
14. N D Basu, Law of Arbitration and Conciliation, 13th ed, Orient, 2016.
15. U Pattabhi Ramian, Arbitration & ADR Including Conciliation, Mediation & Negotiation,
Asia Law House, 2011.
16. R S Bachawat, The Law of Arbitration and Conciliation, 5th ed, LexisNexis, 2013.
17. P C Markanda, Law Relating to Arbitration and Conciliation, 9th edn, LexisNexis, 2016.
18. O P Malhothra, The Law and Practice of Arbitration and Conciliation, 2nd edn,
LexisNexis Butterworths, 2006.
19. N D Basu, Law of Arbitration and Conciliation, P K Majumdar (ed), Orient, 2016.
20. G K Kwatra, The Arbitration and Conciliation Law of India, Universal Law Publishing,
New Delhi, 2008.
Optional Subject 4 (Any one from the following) :

LO 0805 Human Rights Law and Practice :

Objectives of the Course : The National Legal Systems recognized the rights of individuals
from ancient periods and extended protection through various legal regulations. However, they
could not provide an effective remedy for breaches outside the state and state violations. This
scenario and other developments in the beginning of 20th century led the nation-states to bring
the aspects of individual's rights under the purview of international law and appropriately titled
them as Human Rights with the adoption of Charter of UN in 1945. In pursuance of the
directions of the preamble and other provisions of Charter, a plethora of international instruments
have been agreed upon by the States Parties to Protect and promote the Human Rights of
Individuals both at international and domestic levels. In view of the gaining significance of
International Law of Human Rights, this course presents subtly an overview of the International
and Domestic perspectives of Human Rights along with the redressal mechanism.

Module 01 Introduction :
1. Historical origins of Human Rights in International and National Scenario -
Nature and an overview
2. Basic Components of Human rights – Value, Dignity, Equality, Justice,
Morals and Ethics and Significance
3. Perspectives on Rights and Duties – Relationship between Rights and
Duties
4. Provisions under the Charter of UN – Preamble, Articles 1(3), 13(1)(b), 55
and 56
5. International Bill of Human Rights (UDHR, ICCPR, ICESCR) - Nature and
significance
6. Introduction to generation of Human Rights
Module 02 First Generation Human Rights :
The Civil and Political Rights – ICCPR, Part III of the Constitution of India and
Landmark Cases :
1. Civil Rights: Freedom of Opinion - Freedom of Expression and Press, Right
to Personal Security in relation to justice and police, Equality before Law,
Right to Life and Liberty, Right to Privacy, Right to Religion
2. Political Rights: Equal access to Public, Participation in Governance, Right
to Vote and Good Governance
Module 03 Second Generation Human Rights :
The Economic, Social and Cultural Rights : ICESCR, Part IV of the Constitution
of India and Landmark Cases :
1. Economic and Social Rights: Labour Rights, Right to Property, Right to
Education, Freedom of Association, Right to Social Security (Pension,
Medical Services - Right to insurance for sickness, old age – Unemployment
allowance etc.)
2. Cultural Rights: Right to develop Languages, Right to follow Customs,
Folkways, Literature, and Traditions, Right to enjoy Scientific and
Technological benefits
Module 04 Third and Fourth Generation Human Rights :
1. Group Rights (Third Generation Rights) : Right to Development, Right to
Self-determination, Right to Peace and Happiness, Right to Safe and Decent
Environment, Right to Human Assistance, Right to Adequate Food, Right to
water - Landmark Cases
2. Right to Genetic Engineering (Fourth Generation Rights) : Right to Protect
Human Genome against unethical and unfair exploitation of genetic
information (The UNESCO Declaration on Human Genome from 1997),
Right to Genetic Identity, Right to impose restrictions on medical (Scientific
and Technology) interference, Right to Die in Peace and Dignity, Right to
Life of the Unborn (with reference to abortion and infanticide). Relationship
of Science & Technology and Human Rights
3. Upcoming Human Rights –right to science, right to participate in science,
right to benefit from science, right to benefit from a person's own contribution
or invention, etc.
4. The Conflict Between Generations of Rights
Module 05 Human Rights of Vulnerable and Disadvantaged Groups :
1. Meaning and Definition of Vulnerable and Disadvantaged Groups
2. Social and Economic Status of Women and Children
3. Status of Socially and Economically Disadvantaged groups - Rights of
Indigenous People (Scheduled Tribes), Scheduled Caste, Minorities, Aged
and Disabled
4. Vulnerable Groups - Sex Workers, Domestic Workers, Stateless Persons,
Migrant Workers, HIV/AIDS patients, LGBTQ and Prisoners
Module 06 Enforcement Mechanism of International Human Rights - Constitution,
Powers and Functions :
1. The Human Rights Committee under ICCPR
2. The Committee on Economic, Social and Cultural Rights under ICESCR
3. The Committee on Elimination of Discrimination Against Women under
CEDAW
4. The Committee on the Rights of the Child under CRC
5. Role of Human Rights Council and Office of the High Commissioner for
Human Rights
Module 07 Human Rights Enforcement in India :
1. The Protection of Human Rights Act, 1993 – Object, Nature, Scheme,
Definitions, Landmark cases
2. Constitution, Powers and Functions of -
a) National Human Rights Commission
b) National Commission for Women
c) National Commission for Protection of Child Rights
d) National Commissions for Scheduled Castes, Scheduled Tribes,
Minorities and other disadvantaged groups
3. Role of Judiciary in Enforcement of Human Rights
4. Human Rights Courts and their importance
Module 08 Significance of Human Rights Education :
1. Meaning and Definition of Human Rights Education
2. Role of UN in the Promotion of Human Rights Education
3. Role of Government of India in the Promotion of Human Rights Education
– UGC and Universities
Recommended Reading:
1. V. K. Ahuja, Public International Law, LexisNexis, Noida, 2016.
2. Gurdip Singh, International Law, Eastern book company, Lucknow, 2016.
3. Editors, Eibe Riedgal, Gilles Giacca, Christophe Golay, Economic social and Cultural
Rights in International Law, Oxford University Press, 2014
4. Walter Kailin and JorgKunzli, The Law of International Human Rights Protection, Oxford
University Press, New York, 2010.
5. Peter N. Strarms, Human Rights in World History, Routledge, New York, 2010.
6. De Schutter, International Human Rights Law, Cases, Materials Commentary, Cambridge
University Press, New Delhi, 2010.
7. V.R. Krishna Iyer, The Dialectics and Dynamics of Human Rights in India - Yesterday,
Today and Tomorrow, Eastern Law House, New Delhi.
8. Manoj Kumar Sinha, Implementation of Basic Human Rights, LexisNexis.
9. Editors, Ian Brownlie and Guy S. Goodwin-Gill, Basic Documents on Human Rights,
Oxford University Press.
LO 0806 Competition Law :

Objectives of the Course : There is aggressive competition in today’s market. New start-ups
and entrepreneurs are emerging almost every day. With opening of Indian markets in almost all
sectors, the study of Competition law becomes inevitable. It is a rapidly growing area of law,
which reflects the free market economy and increasing world globalization. The course aims to
give an overview on the basics of Competition Law in India through a comparison of the main
jurisdictions (especially USA, UK and EU) and thus provide a solid background for further
studies on this subject. The course will examine and compare the application of competition law
to business agreements, the exercise of dominant position, the combinations between the firms
and sellers and the enforcement mechanisms.

Module 01 Introduction :
1. Basic Concepts : Customer and Consumer, Market, Types of Market –
Perfect Market, Monopoly, Oligopoly and Monopsony
2. Rationale behind Competition Law
3. Constitutional aspect of Competition Law with respect to Human Rights
and Social Justice (Article 39 (b) and (c) of the Constitution of India)
4. Relation between Competition Policy and Competition Law
5. Objectives of Competition Law
6. Economic analysis of Competition Law
Module 02 Historical Development of Competition Law :
1. History and Development of Competition Law / Antitrust Law
2. Development of Competition Laws in USA, UK and EU
3. Sachar Committee Report, Raghavan Committee Report
4. Salient Features of the MRTP Act, 1969
5. The Competition Act, 2002 vis a vis the MRTP Act, 1969
6. The Competition Act, 2002 – Objectives and Salient Features
7. Important Definitions under the Competition Act, 2002
8. Brief overview of Competition Law in USA, UK and EU
Module 03 Anti-Competitive Agreements :
1. Anti- Competitive Agreements : Meaning and Scope
2. Types of Anti-competitive agreements - Horizontal and Vertical agreement
3. Per se Illegal Practices and Rule of Reason
4. Exemption from anti-competitive agreements
5. Prohibition of anti-competitive agreement / cartel / bid rigging
6. Practices, decisions and agreements resulting into cartels
7. Pro-competitive and anti-competitive effects of joint ventures
8. Pro-competitive and anti-competitive effects of vertical agreements
9. Prevention of anti-competitive agreements in USA, UK and EU
Module 04 Regulation of Abuse of Dominant Position :
1. Economics of abuse of dominance
2. Types of Abuse by a Dominant Player : Exploitative Abuses : Vertical
restraints and Excessive pricing: Exclusionary Abuses - Price
discrimination, discounts and predation Enterprise
3. Relevant Market
4. Dominance in Relevant Market
5. Relevance of sector specific competitive dynamics on dominant position
6. Predatory Pricing
7. Defenses against abuse of dominance
8. The remedies in case of abuse of dominance
9. Prevention of Abuse of Dominant Position in UK and USA
Module 05 Regulation of Combinations :
1. Combinations : Merger, Acquisition, Amalgamation and Takeover
2. Jurisprudence of Horizontal, Vertical and Conglomerate Mergers
3. Private Equity Investments
4. Notification of combinations
5. Jurisdictional test : Turn over, Asset, Domestic nexus, Exemptions
6. Regulations and Penalties
7. Position in USA, UK and EU
Module 06 Enforcement Mechanisms :
1. Establishment and Constitution of Competition Commission of India,
Powers and Functions
2. Jurisdiction of the CCI
3. Director General of Investigation (DGI) - Penalties and Enforcement
4. Competition Appellate Tribunal
5. Adjudication and appeals
6. Competition Advocacy in India and International Perspective
Module 07 Interface of Competition Law with other Laws :
1. Intellectual Property Rights and Competition Law
2. International Trade and Competition Law
3. Consumer Law and Competition Law

Recommended Readings :
1. Richard Whish and David Bailey, Competition Law, Oxford University Press, 9th ed, 2018.
2. Avtar Singh, Competition Law, Eastern Book Company, 1st ed, 2012.
3. Vinod Dhall, Competition Law Today, Oxford University Press. 2nd ed, 2019.
4. Abir Roy, Competition Law in India: A Practical Guide, Kluwer Law International B. V.,
2016.
5. Srinivasan Parthasarathy, Competition Law in India, Kluwer Law International B.V., 2017.
6. T. Ramappa, Competition Law in India: Policy, Issues, and Developments, Oxford
University Press, 2014.
7. Alison Jones, Brenda Sufrin, EU Competition Law: Text, Cases, and Materials, Oxford
University Press, 6th ed, 2016.
8. Barry Rodger, Angus MacCulloch, Competition Law and Policy in the EU and UK,
Routledge, 5th ed, 2104.
9. Kirsty Middleton, Barry Rodger, Angus MacCulloch, Cases and Materials on UK and EC
Competition Law, Oxford University Press, 2nd ed, 2009.
10. Maher M. Dabbah, International and Comparative Competition Law, Cambridge University
Press, 2010.
11. Cedric Ryngert, Jurisdiction Over Cross – Border Mergers : A US –EU perspective.
Competition Law – Emerging Trends, 94-124, P. Satyanarayana Prasad ed., The ICFAI
University Press, Amicus Books, 1ST ed. 2007.
LO 0807 Vulnerable and Disadvantaged Groups and Criminal Law :

Objectives of the Course : In India there are multiple socio-economic disadvantages that
members of particular groups experience. The task of identifying the vulnerable groups is not an
easy one. Besides there are multiple and complex factors of vulnerability with different layers
and more often than once it cannot be analyzed in isolation. In this course the vulnerable groups
that face discrimination include- Women, Scheduled Castes (SC), Scheduled Tribes (ST) and
Children. Since the British era, criminal law was used to eradicate social evils. The fear of
punishment was a tool of social change. In post-Independence period the modern State has used
criminal law to bring social change. This Course will help students to understand the role of
Criminal Law in protecting the vulnerable and disadvantaged groups in India.

Module 01 Introduction to Vulnerable and Disadvantage Groups :


1. Meaning of Vulnerable and Disadvantaged groups
2. Structural discrimination and vulnerable groups
3. Role of law to overcome discrimination
4. Criminal law as a tool of social change
Module 02 The Protection of Civil Rights Act, 1955 :
1. Social menace of Untouchability
2. Legislative history, objectives, definitions and scope of the Act
3. Practices of Untouchability and Punishments
4. Presumption of courts in some cases
5. Power of court to impose collective fine
6. Non application of Probation of offenders Act
Module 03 The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 :
1. Legislative history, objectives, definitions and scope of the Act
2. Defining Atrocity against Scheduled Caste and Scheduled Tribes
3. Offences of Atrocities and punishments
4. Externment procedure
5. Collective Fine
6. Special Courts and Special Prosecutor
7. Presumption by courts in certain cases
8. Precautionary and Preventive measures under the Rules of 1995
9. Non application Anticipatory Bail and Probation of Offenders Act
10. Investigation and supervision
11. Personnel under the Act and their duties
Module 04 The Dowry Prohibition Act, 1961 :
1. Dowry a social menace
2. Legislative history, objectives, definitions and scope of the Act
3. Definition of Dowry
4. Penalty for giving and taking dowry
5. Dowry for benefit of wife or her heirs
6. Change in procedural law and Evidence Law
7. Dowry Prohibition officers
Module 05 The Protection of Children from Sexual Offences (POCSO) Act, 2012 :
1. Legislative history, Objective, definitions and Scope of the Act
2. Sexual offences against children
3. Using child for pornographic purpose
4. Abetment of an attempt to commit an offence
5. Procedure for reporting of cases
6. Procedure for recording statement of the child
7. Special courts: Procedure and powers of special courts and recording of
evidence
8. Punishments under the Act
Module 06 The Immoral Traffic (Prevention) Act, 1956 :
1. Legislative history, Object, definitions and reasons of the Act
2. Social Landscape of Prostitution
3. Prostitute – Vaguely defined under the Act
4. Protection of Morals and Places of Residence
5. Ponce or Poncing under the Act
6. Corrective Institutions and Protective Homes
7. Personnel under the Act
Module 07 The Pre-Conception and Prenatal Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994 :
1. Legislative History, Object and Reasons, and Definitions under the Act
2. Regulation of Genetic Counselling Centres, Genetic Laboratories and
Genetic Clinics
3. Regulation of pre-natal diagnostic techniques
4. Written consent of pregnant woman and prohibition of communicating the
sex of foetus
5. Prohibition of Determination
6. Constitution, Tenure, Meetings, Vacancies, Authentication of orders,
Disqualifications, and Functions of Central Supervisory Board
7. Appropriate Authority and Advisory Committee
8. Registration of Genetic Counselling Centres, Genetic Laboratories and
Genetic Clinics
9. Offences and Penalties
10. Maintenance of records and Power to search and seize records

Recommended Reading :
1. P.S. Narayana, Commentary on the Protection of Children from Sexual Offences Act, 2002
and Rules, Universal Law Publishing, New Delhi.
2. B. R. Beotra’s the Immoral Traffic (Prevention) Act, 1956 (With State Rules), The Law
Book Company (p) Ltd, Allahabad.
3. Laita Dhar Parihar, Women & Law from Impoverishment to Empowerment- A Critique,
Eastern Book Company, Lucknow.
4. B.P. Beri, Commentaries on the Dowry Prohibition Act, 1961, Eastern Book Company.
5. The Dowry Prohibition Act, 1961, by SCC Editorial, Eastern Book Company.
6. Smita Narula, Broken People : Caste violence against India’s Untouchables, Human
Rights Watch.
7. K.B Saxena, Report on Prevention of Atrocities against Scheduled Castes, National Human
Rights Commission, 2002.

LO 0808 Civil Minor Acts :

Objectives of the Course : This Course covers subjects that a civil practitioner needs to address
very often. The aim of the course is to introduce the students the knowledge law with respect to
Interest, Civil Courts, Suits Valuation, Court Fees, Registration of documents, Stamp duties and
Negotiable Instruments.
Module 01 The Interest Act, 1978 :
1. Object, application and definitions under the Act
2. Power of court to allow interest
3. Effect of provisions relating to interest in other statutes
4. Section 34 of the Civil Procedure Code
5. Powers of an arbitrator to award interest
Module 02 The Maharashtra Civil Courts Act, 1869 :
1. Object, application and definitions under the Act
2. District Courts, Joint District Judges and Additional District Judges
3. Civil Judges - Appointment, Jurisdiction, Classes of Civil Judges, Transfer of
Suits and Appeals
4. Temporary Vacancies
Module 03 The Suits Valuation Act, 1887 :
1. Object, application and definitions under the Act
2. Valuation for Suits relating to Land
3. Valuation in other Suits
4. Objections in Appeals to over valuation or under valuation
Module 04 The Maharashtra Court Fees Act, 1959 :
1. Object, application and definitions under the Act
2. Rule Regarding to the Valuation of Suits
3. Court fees, Nature of levy
4. Documents chargeable to court-fees, Plaint and counter-claims
5. Exempted documents, Mandatory nature of payment
6. Computation of court fees, Fixed fees and ad-valorem fees, Modes of
collecting court fees, Cancellation of stamp
7. Decision of questions as to valuation
8. Refund of court fees
9. Multifarious suits
Module 05 The Registration Act, 1908 :
1. Object, application and definitions under the Act
2. Establishment of Authorities, their Powers and Duties, Register - Books
3. Registrable Documents - compulsory, optional, contents of documents
4. Time of Presentation and place for Registration
5. Procedure of Registration
6. Registration and Deposit of wills
7. Inspection and copies of Books and Indexes Registration
8. Effect of Registration and Non-registration
9. Refusal to Register, Grounds for refusal
Module 06 The Maharashtra Stamp Act, 1958 :
1. Object, application and definitions under the Act
2. Authorities under the Act and their powers and functions
3. Liability of Instruments to Duty
4. Stamps and mode of using them
5. Valuations for Duty
6. Duty by whom Payable
7. Adjudication as to Stamps
8. Instruments not duly Stamped
9. Offence, Penalties and Procedure
Module 07 The Negotiable Instruments Act, 1881 :
1. A negotiable instrument, types, definitions
2. Essential features of negotiable instruments, and type of instrument,
Instruments payable to order or to bearer, payable at specified time or on
demand
3. Maturity of an instrument
4. Parties to negotiable instruments, their rights and liabilities
5. Negotiation – Meaning, Requirements, Types of endorsements, Modes of
negotiation, Who can negotiate?, Effect of negotiation by various modes,
Negotiation in particular cases (Sections 57-59), Period of negotiation (Section
60)
6. Presentment - Purposes of presentment, Time for presentment, Place of
presentment, Presented to whom? Effective presentment, Delay in presentment,
When is presentment not necessary? Liability of banker for negligent dealing
7. Payment and Interest, Delivery of instrument, Immunity to bankers
8. Discharge from liability on negotiable instruments, Modes of discharge
9. Dishonour, Modes of dishonor, Notice of dishonor, Noting and protest
10. Acceptance and payment for honour and reference in case of need
11. Compensation
12. Rules of evidence, Presumptions and estoppel
13. Crossed cheques
14. Bills in sets
15. Penalties in case of dishonor, Criminal liability, Procedure

Recommended Readings :
1. Mulla, The Registration Act, 13th ed, K Kannan (ed), LexisNexis, 2016.
2. Malik’s Commentary on The Registration Act 1908 with State Amendments, 4th ed, Delhi
Law House, 2016.
3. Sanjiva Row, Registration Act, 15th ed, Law Publishers, 2015.
4. K Krishnamurthy’s The Indian Stamp Act, 12th ed, M R Hariharan Nair and Boris Paul
(ed), LexisNexis, 2017.
5. Sunil Dighe, The Maharashtra Stamp Act, Snow White Publications, 2017.
6. Mahendra Jain and H M Bhatt, The Maharashtra Stamp Act 1958, Law Times, 2017.
7. A N Khanna, Law of Court Fees and Suits Valuation, 8th ed, Universal Law Publishing,
2011.
8. MLJ Manual on the Court Fees Act 1870, LexisNexis, 2017.
9. Khergamvala on the Negotiable Instruments Act as amended by Negotiable Instruments
(Amendment) Act 2015, S Abdul Khader Kunju ed., 22nd ed, LexisNexis, 2017.
10. D S Chopra, A Commentary on Sale of Goods, Partnership and Negotiable Instruments,
Thomson Reuters, 2016.
LO 0809 International Economic Law :

Objectives of the Course : With the Changing dimensions of Globalisation and the increasing
dependence on economic relations by the nation states, the significance of international law has
grown considerably in the contemporary era. The relations of nation-states are mostly depending
on economic cooperation than on political perspectives as compared to yester years. In order to
have a broad outlook of the nation-state relations in the field of economic era, this course equips
the student to get an overview of economic legal scenario of states.

Module 01 Introduction :
1. Definition and Nature of International Economic Law
2. Sources of International Economic Law
3. Relationship between national and international economic laws
Module 02 Developments in the context of De-colonization :
1. Origin and Development of International Economic Law - Bretton Woods
Conference
2. Concern of Developing States: New International Economic Order (NIEO)
3. Significance of Resolution on Permanent sovereignty Over Natural
Resources
4. The Charter of Economic Rights and Duties Law
5. Sustainable Development under United Nations
Module 03 International and Regional Financial Institutions :
1. IBRD Structure Powers and Functions - Significance of IRO
2. Structure Powers and functions of IMF
3. Structure Powers and Functions of World Bank
4. Structure powers and Functions of Asian Development Bank
5. Structure Powers and Functions of G-20
6. Structure Powers and functions of BRICS
Module 04 International Trade Law :
1. GATT :
a) Historical origin
b) Organs
c) Uruguay round and its impact on International Economic Law
d) Significance of most Favoured Nations Clause and National Treatment
e) Objective Principles of GATT 1994 –Reduction of Tariff and Non-
Tariff Barriers to Trade.
f) General Exceptions to Article XX and XXI of GATT 1994
g) Safe Guard Measures under XIX of GATT 1994
2. WTO and International Economic Law :
a) Historical origins of WTO
b) Structure Powers and Functions
c) Role and Responsibility of Secretariat
d) Dispute Settlement System under WTO
e) Impact of WTO Law on Domestic Law
Module 05 International Investment Law :
1. Foreign Investment: Meaning and Types
2. BITs
3. Dispute Settlement Regime (ICSID)
4. Indian Perspective
Module 06 International Business Law :
1. International Sale and Carriage of Goods
2. Rome Convention
3. CISG (UN Convention on Contracts for International Sale of Goods)

Recommended Readings :
1. Asif H. Qureshi, International Economic Law (London: Sweet & Maxwell, 1998).
2. John Jackson, William Davey and Alan Sykes, International Economic Relations (West
Academic Publishing, 1995).
3. Matthias Herdegen, Principles of International Economic Law (Oxford University, 2016).
4. Hazel Fox (ed.), International Economic Law and Developing States: Some Aspects
(British Institute of International, 1992).
5. I.Seidi, Hohenveldern, International Economic Law (Kluwer Law International, 1992).
6. Bhandari and Sykes, Economic Dimensions in International Economic Law (Cambridge
University Press, 1999).
7. Van Meerhaeghe, International Economic Institutions (Springer, 1998).
8. O’Conell, International Law, Vol. I & II, Oxford University Press.
9. Harves D.D., Cases and Materials on International Law, (Sweet & Maxwell; 1991).
10. Schwazenberger, Foreign Investment and International law, Article published by Modern
Law Review, November, 1969.

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