Paper - I Interpretation of Statutes (Paper Code: K-6001)

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PAPER – I INTERPRETATION OF STATUTES (Paper Code : K-

6001)

The course shall comprise of the following :

1. Introductory : Meaning, Purpose and Scope of Interpretation of


Statutes; Nature of Statutes and their Classification.

2. Internal Aids to Interpretation : Title; Preamble; Headings and


Marginal Notes. External Aids to Interpretation; Parliamentary History;
Stare Decisis (Judicial Precedents); Dictionaries.

3. Rules of Statutory Interpretation : Primary (Basic) Rules;


Secondary (Subsidiary) Rules; Literal Rule; Golden Rule; Mischief Rule.

4. Judicial Activism : Nature and Scope.

5. Presumptions in Statutory Interpretation : Presumption as to


Jurisdiction; Presumption as to Prospective Operation of Statutes;
Presumption Against Violation of International Law.

6. Maxims of Statutory Interpretation : Ejusdem Generis; Expressio


Unius Est Exuclusio Alterius; Ut Res Magis Valeat Quam Paraeat,
Noscitur a sociis, Raddendo singular singulis.

7. Interpretation with Reference to the Subject Matter and Purpose


of Statutes : Penal Statutes; Taxing Statutes, Welfare Legislation,
Prospective and Retrospective Operation.

8. Principles of Constitutional Interpretation : Harmonious


Construction; Doctrine of Pith and Substance; Doctrine of Colourable
Legislation; Occupied Field; Repugnancy.

BOOKS RECOMMENDED Langan P.St., Maxwell on the Interpretation


of Statutes.

Mathur D.N.,

Interpretation of Statutes.

Miers David R.,

Sweet & Maxwell (Interpretation of Statute).


Sarathi V.P., Interpretation of Statutes.

Singh Avtar (Dr.), Interpretation of Statutes.

Singh G.P., Principles of Statutory Interpretation.

Srivastva R.D., Interpretation of Statutes and Legislation.

PAPER – II LEGAL LANGUAGE AND LEGAL WRITING INCLUDING


PROFICIENCY IN GENERAL ENGLISH (Paper Code : K-6002)

The course shall comprise of the following :

1. Need and Importance of Legal Language

2. Proficiency in General English (a) Parts and Types of Sentences (b)


Parts of Speech – A Brief Introduction (c) Tenses: Forms and Use (d)
Active and Passive Voice (e) Direct and Indirect (or Reported) Speech
(f) Some Common Mistakes in English

3. (a). Legal Terminology, Legal Terminology, Foreign words, Legal


Maxims. (b). Synonyms, Antonyms, Homonyms, One word substitution.
(c). Consulting a Dictionary (d). Preparation of Bibliography. (e).
Abbreviations – Common abbreviations used in footnotes and general
legal writings; abbreviations used for Indian and foreign legal periodicals.

4. Writing of Case Comment (a) Understanding physical structure of a


case reported in a Legal journals such as A.I.R., S.C.C., Scale, J.T. etc.
(b) General introduction of doctrine of precedent (i) Precedent as source
of Law (Ratio Decidendi and Obiter dictum). (ii) Circumstances which
destroy or weaken the binding force of precedent (iii) Circumstances
which increases the authority of a precedent. (c) Method of writing a
case comment.

5. Translation – English to Hindi and Hindi to English (on legal topic).

6. Comprehension of Legal Text.

7. Essay Writing on Topics of Legal Interest in English.

8. Former legal Correspondence, Letter Writing in English


BOOKS RECOMMENDED

Abidi Ishtiaque, Law and Language.

Sharma K.S. (Dr.), Legal Language, Legal Writing and English Usage.

Hindi English Legal Glosary, Vidhi Sahitya Prakashan, Ministry of Law,


New Delhi.

PAPER – III LAW OF HUMAN RIGHTS (Paper Code : K-6003)

The course shall comprise of the following :

(1) Meaning and Definition of Human Rights, Concept of Human Rights.

(2) Human Rights and the United Nations. (a) Charter Provisions. (b)
International Protection of Human Rights.

(3) Universal Declaration of Human Rights

(4) Generations of Human Rights (Three Generations) : (a) International


Covenant on Civil and Political Rights and Two Protocols (b)
International Covenant on Economic, Social and Cultural Rights (c)
Collective Rights

(5) European Convention on Human Rights and Fundamental


Freedoms

(6) American Convention on Human Rights

(7) National Human Rights Institutions with Special reference to National


Human Rights Commission (NHRC) and National Commission for
Women (NCW).

(8) Inclusion of Human Rights Jurisprudence Under the Constitution of


India Through Judicial Interpretation.

BOOKS RECOMMENDED

Agrawal H.O.,Human Rights.

Basu D.D., Human Rights in Constitutional Law.

Khera S.C., Human Rights and United Nation.


PAPER – IV INTELLECTUAL PROPERTY LAW (Optional Paper)
(Paper Code : K-6004)

The course comprise of the following :

1. Concept of Property vis-à-vis Intellectual Property – Concept of


Property - An overview, Need for Protecting Intellectual Property –
Types of Intellectual Property Origin and Development – an Overview

2. Role of International Institutions – Agreements & treaties World


Intellectual Property Organization (WIPO), Function of WIPO, TRIPS,
PARIS & BERN convention & other important conventions & treaties.

3. Copyright – Copyright what and why, Works Protected Under Copy


Right Act, Rights Conferred by the act , Author’s Special Rights, Term of
Copy right, Infringements and Remedies - Civil, Criminal and
Administrative.

4. Trademarks – Definition of Trade Marks, Service Marks , Property


Marks, Conditions for Registration, Duration of Registration, Effect of
Registration, Rights of the Trade mark owner, Passing – Off and
Infringement of Trade Mark, Appellate Board, Offences, Penalties and
Procedure.

5. Patent – Meaning of Patent, Subject Matter of the patent, Inventions -


Concept of Novelty, Inventive Step and Utility , Inventions not Patentable
, Process and Product Patent, Acquisition of Patent, Rights of Patentees
and other ‘s, Term of Patent, Infringement of patent and Remedies.

BOOKS RECOMMENDED

Ahuja, V.K., Intellectual Property Rights in India.

Bently, Lionel & Sharman BRAD., Intellectual Property Law.

Narayanan P., Intellectual Property Law.

Wadehra, B.L., Law Relating to Intellectual Property.

Prescribed Acts The Patent Act, 1970.

The Copyright Act, 1957.


The Trade Marks Act 1999.

PAPER – IV INFORMATION TECHNOLOGY AND CYBER LAW


(Optional Paper) ( Paper Code : K-6005 )

The course shall comprise of the following :

(A) INTRODUCTION

1. Basic concept of Technology and Law : Understanding the


Technology, Scope of Cyber Laws, Cyber Jurisprudence

2. Understanding Electronic Contracts : The Indian Law of Contract,


Types of Electronic Contracts, Construction of Electronic Contracts

(B) IPR IN CYBER SPACE

1. Copyright in Information Technology: Copyright in internet, Software


Piracy, Multimedia and copyright issues.

2. Patents : Indian position on computer related patents, International


context of patents. 3. Trademarks : Trade mark Law in India,
Infringement and passing off.

(A) INFORMATION TECHNOLOGY ACT 2000 : Digital Signature, E-


Governance, Regulation of Certifying Authorities, Duties of Subscribers,
Penalties and Adjudication, Offences under the Act, Making of Rules
and Regulation.

(B) CYBER CRIMES

1. Understanding Cyber Crimes : Crime in context of Internet, Types of


Crime in Internet

2. Indian Penal Law & Cyber Crimes : Fraud, Hacking, Mischief,


Tresspass, Defamation, Stalking, Spam 3. Issues of Internet
Governance : Freedom of Expression in Internet, Issues of Censorship,
Hate Speech, Sedition, Libel, Subversion, Privacy Issues, International
position on Free Speech in Internet.

BOOKS RECOMMENDED
Gerold R.Ferresc, Cyber Law(Text & Cases)

Prof. S.R. Bhansali, Information Technology Act

Rodney D.Ryder, Guide to Cyber Law

Vakul Sharma , Cyber Crime.

PAPER – IV LAW RELATING TO WOMEN AND CHILD (Optional


Paper) ( Paper Code : K-6006 )

The course shall comprise of the following :

(A) Law Relating to Women :

(1) Legal Position of Women in Pre-Independence Period :

(a) Legal Position of Women in Ancient India,

(b) Legal Position of Women in Medieval India, (c) Legal Position of


Women in British India

(2) Women's Right and Indian Constitution : Constitutional


Provisions Concerning Equality and Protection of Women in Chapters of
Fundamental Rights and Directive Principles.

(3) U.N. Convention on Elimination of Discrimination Against Women,


1979.

(4) U.N. Machinery for Advancement of Women's Equality and Women's


Welfare.

(a) International Commission on Status of Women,

(b) CEDAW

(5) Social Legislation for Women : Dowry Prohibition Act, 1961,

(6) Penal Remedy to Indian Women –

(a) Dowry Crimes and I.P.C. 1860.

1. Cruelty Against Married Women (Section 498 A)

2. Offence of Dowry Death (Section 304 B)


(b) Rape and Sexual Crimes – 1. Criminal Law Amendment Act 2013
(Nirbhaya Act 2013),

2. The Sexual Harassment of Women at Workplace (Prevention,


Prohibition and Redressal) Act, 2013.

(7) Stree Dhan and Matrimonial Property

(8) Women's Right to Control their Re-Productivity

(B) Law Relating to Child : Legal protection to child, Child and criminal
liability, State responsibility for the education of child, Family relations
and child, Legal control of child labour, Discrimination against female
child, child and contracted liability.

BOOKS RECOMMENDED

Jain S.N., Child And The Law.

Mukherjee Roma, Legal Status And Remedies For Women In India.

Saxena Shobha, Crime Against Women And Protective Laws.

Swaroop K. (Dr.), Legal Protection to Children.

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