LL.M, 2019 - 20

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SYLLABUS OF LL.M.

VISION & MISSION OF THE DEPARTMENT

VISION: ENLIGHTENMENT THROUGH EXCELLENCE TO ATTAIN JUSTICE.

MISSION: EMPOWERMENT OF DIFFENENT STAKEHOLDERS THROUGH


EXCELLENCE IN TEACHING AND RESEARCH.

DEPARTMENT OF LAW

RAIGANJ UNIVERSITY

2019- 20
SYLLABUS OF LL.M. UNDER THE CBCS SYSTEM

MARKS & CREDIT STRUCTURE

Paper Title of the Course Type of the Code Marks Credit


No. Course
Semester- 1
1. Jurisprudence Foundation Course LAWPG1201 100 4
2. Constitutional Governance in India Foundation Course LAWPG1202 100 4
3. Administrative Law Core LAWPG1103 100 4
4. Environmental Law Core LAWPG1104 100 4
5. Law of Socio- Economic Offences GE- 1 LAWPG1305 100 4
6. Non- Credit Course LAWPG1506 50 2
(AEC)
Semester- 2
1. Law of Crimes Core LAWPG2101 100 4
2. Human Rights Core LAWPG2102 100 4
3. International Law Core LAWPG2103 100 4
4. Company Law Core LAWPG2104 100 4
5. Law and Technology GE- 2 LAWPG2305 100 4
6. Non- Credit Course LAWPG2606 50 2
(SEC)
Semester- 3
1. Research Methodology Core LAWPG3101 100 4
2. Law of Insurance Core LAWPG3102 100 4
3. Alternative Dispute Resolution Core LAWPG3103
4. DSE- 1, 2, 3 Paper- 1 Discipline Specific LAWPG3404 100 4
Elective
5. DSE - 1, 2, 3 Paper- 2 Discipline Specific LAWPG3405 100 4
Elective
6. Non- Credit Course LAWPG3706 50 2
(CECC)
Semester- 4
1. Media Law Core LAWPG4101 100 4
2. DSE - 1, 2, 3 Paper- 3 Discipline Specific LAWPG4402 100 4
Elective
3. DSE - 1, 2, 3 Paper- 4 Discipline Specific LAWPG4403 100 4
Elective
4. Legal Education, (Viva & GD) Skill Enhancement LAWPG4804 100 4
Research Paper Writing & Seminar Elective
on Contemporary Issues
(Seminar)
5. Dissertation & Viva Voce (Project/ Research Component LAWPG4905 100 4
Fieldwork)

DSE (Discipline Specific Elective) SUBJECTS

(Any four papers to be chosen by the student from any Set of papers)

CONSTITUTIONAL AND ADMINISTARIVE LAW: SET- 1 DSE

A. COMPARATIVE CONSTITUTIONAL LAWS


B. LAWS OF HEALTH & MEDICINE
C. JUDICIAL PROCESS AND THE PRINCIPLES OF LEGISLATION
D. LAW OF PROPERTY
E. LAW OF AGRICULTURE

CORPORATE, COMMERCIAL AND ECONOMIC LAWS: SET- 2 DSE

F. INTERNATIONAL TRADE LAWS


G. COMPETITION LAWS
H. LAW OF BANKING
I. LAWS OF INVESTMENT
J. CORPORATE GOVERNANCE

IPR AND TECHNOLOGY LAWS: SET- 3 DSE

K. INTELLECTUAL PROPERTY LAWS- 1


L. INTELLECTUAL PROPERTY LAWS- 2
M. LAWS OF ECOMMERCE
N. CYBER LAW AND LAWS ON TELECOMMUNICATIONS
O. LAW OF BIOTECHNOLOGY
INSTRUCTIONS TO THE STUDENTS
General Instructions:
• Students are expected to do exhaustive self-study.
• The course being advance course in law and very dynamic in nature, the students are
expected to remain up to date with latest developments and case laws and contemporary
social, political and economic developments.
• The students must do a lot of self-study. Regular contact with teachers for research work,
publication, seminars and other academic activities is an integral part of the course.

Scheme of Examination:
 Full marks of each paper are 100 marks in which 75 marks is reserved for end semester
written examinations while 25 marks is reserved for internal marks.
 The scheme of internal examination includes- 2 class tests (written examinations), (10
Marks) class teaching on a topic (5 Marks) and class attendance and participation in
Seminar/ Conferences/ Workshops etc. (5 Marks) which are compulsory.
 Apart from this, the students may opt either viva voce, or Seminar on current topics
for which 5 Marks has been reserved.

 At the end of each of the examinations the scheme of evaluation of answer scripts are
prepared and distributed to the students to understand what the model answer should
had been.
 The mark sheet, will be published in CGPA format.
 In the Final Semester, the students are required to write a dissertation paper on any
legal issues.
SYLLABUS STRUCTURE

SEMESTER- 1

• Jurisprudence
• Constitutional Governance in India
• Administrative Law
• Environmental Law
• Law of Socio- Economic Offences (GE- 1)
JURISPRUDENCE
(LEGAL THEORY)
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG1101
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.
Part- 1

Module- 1: Natural Law School

• Development- Decline & Revival of Natural Law


• Contributions of-
 FULLER
 FINNIS
 RAWLS

Module- 2: Analytical Positivism

• Development of Analytical Positivism


• Contributions of-
 BENTHAM
 AUSTIN
 H L A HART
• HART- FULLER Debate

Module- 3: Pure Theory of Law

• Contributions of HANS KELSON

Module- 4: Historical School

• Contributions of-
 FREDRICK KARL VON SAVIGNY
 HENRY SUMNER MAINE

Module- 5: Sociological School

• Contributions of-
 LEON DUGUIT
 RUDOLF VON IHERING
 EMILE DURKHEIM
 ROSCOE POUND

Module- 6: Realism

 American Realism
• Contributions of-
 HOLMES
 JEROME FRANK

 Scandinavian Realism
• Contributions of-
 AXEL HAGERSTROM
 ROSS

Part- 2

(LEGAL CONCEPTS)

Module- 8: Law and morality

Module- 9: Rights & duties

Module- 10: Concept of justice

• John Rawls
• Ronald Dworkin
• Pogge
• Amartya Sen

Module- 11: Person

Module- 12: Possession & ownership

LIST OF REFERENCES:
1. Freeman M. D. A. (ed.), Lloyd's Introduction to Jurisprudence, (1994), Sweet &
Maxwell
2. Edgar Bodenheimer, The Philosophy and Method of the Law
3. Friedman, Legal Theory
4. V D Mahajan, Legal Theory
5. Dias R. W. M. Jurisprudence. New Delhi: Adithya Books. 1994 (First Indian re-print)
6. Fitzgerald (ed.) Salmond on Jurisprudence. Bombay: Tripathi, 1999.
7. Paton G. W. Jurisprudence. Oxford: ELBS, OUP,1972
8. Hart, H. L. A. The Concepts of Law. Oxford: ELBS, OUP, 1970
9. Pound, Roscoe. Introduction to the Philosophy of Law. New Delhi: Universal, 1996
(reprint).
CONSTITUTIONAL GOVERNANCE IN INDIA

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG1102
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: PREAMBLE OF THE CONSTITUTION OF INDIA

Module- 2: FUNDAMENTAL RIGHTS & DUTIES

 Concept of State & Citizenship


 Fundamental Rights: A conceptual framework
 Locus standi & FR (Fundamental Rights)
 Fundamental Rights under Indian Constitution
 Fundamental Duties under Indian Constitution
 Relationship between FR and DPSP (Directive Principles of State Policy)

Module- 3: SOCIAL JUSTICE & CONSTITUTION OF INDIA

 Social justice: A conceptual framework


 Social justice & DPSP
 Contribution of the Judiciary & legislature towards Social justice

Module- 4: UNION & PROVINCIAL EXECUTIVES

 Office of the President


 Appointment
 Powers
 Immunities
 Office of the Governors
• Appointment
• Powers
• Immunities

Module- 5: UNION & PROVINCIAL JUDICIARY

 Supreme Court of India


 Powers and mode of appointment of Judges
 High Courts
• Powers and mode of appointment, transfer of Judges

Module- 6: LEGISLATIVE RELATIONS BETWEEN CENTRE AND STATES

Module- 7: INTER STATE WATER DISPUTES

Module- 8: CONSTITUTIONAL REGULATION OF PUBLIC SERVICES

Module- 9: PANCHAYATI RAJ & MUNICIPAL SYSTEM

Module- 10: EMERGENCY PROVISIONS

Module- 11: SPECIAL STATUS UNDER THE CONSTITUTION OF INDIA

Module- 12: AMENDMENT TO THE CONSTITUTION OF INDIA

LIST OF REFERENCES:
1. J N Pandey, CONSTITUTIONAL LAW OF INDIA,
2. Jain, M.P.; Indian Constitutional Law; LexisNexis
3. V N Shukla, Constitution of India.
4. D D Basu (Full Volume)
5. Tope T K, Constitutional law of India by Justice Sujata Manohar, Eastern book
company
6. Dr. Subhash C. Kashyap, Our Constitution-An Introduction to India’s Constitution and
Constitutional Law, 5th edition reprint 2014.
7. Rao, Shiva. The Framing of India’s Constitution. 6 vols New Delhi: Universal Law
Publishing, 2004.
8. Justice R.C. Lahoti, Preamble: The Spirit and Backbone of the Constitution of India,
Eastern Book Company
9. Subbarao’s Lectures on Constitutional law
10. Singh, M. P.; V.N Shukla’s Constitution of India; Eastern Book Company
ADMINISTRATIVE LAW
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG1102
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: FUNDAMENTALS OF ADMINISTRATIVE LAW


• Evolution, definition, nature, scope and significance of Administrative Law in various
system of governance from ancient to modern
• Development of Administrative law in USA, UK and India, and Droit Administratiff and
Conseild’etat in France
• Constitutional dimensions of administrative law and its relationship, Role of administrative
law in welfare state and relationship between constitutional and administrative law
• Rule of law and separation of powers
• Classification of power, delegation of legislative power and control

Module- 2: PROCEDURAL FAIRNESS


• Evolution and significance of principle of Natural justice and it’s exceptions
• Audi Alteram partem – Administrative cases – statutory hearing- reasoned decision and
its exceptions
• Nemo judex in causa sua -Rule against bias, Kinds of bias and exceptions
• Exceptions to the Rule of Natural Justice

Module- 3: ADMINISTRATIVE DISCRETIONARY POWER


• Administrative Discretionary power – definition, its scope, nature and relevance in the
present-day context, with the support of right to information Act, 2005.use, misuse, abuse
and non-use of discretionary power.
• Judicial control over Administrative Discretionary power – Retention, Dictation and
Abuse of Administrative power
• Ombudsman Lokpal and Lokayukta

Module- 4: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION


• Nature extent and limitation of Administrative action in India, Judicial control over
Administrative action- remedies for Administrative wrongs, Writs Remedies.
• Limits of Judicial review-Locus standi and PIL- Laches-Res judicata and Doctrine of
exhaustion of alternative remedies – Doctrine of Standing and Doctrine of Ripeness
• Statutory Remedies – General and Specific statutory remedies for administrative action.
• Administrative process- judicial control- Liabilities and accountabilities of the states-
Administrative Tribunals

Module- 5: GOVERNMENTAL PRIVILEGE, OFFICIAL SECRECY AND ACCESS TO


INFORMATION
• Governmental Privileges- withholding of documents and evidence-Official Secrets Act,
1923 Rebuttal of governmental privileges
• Governmental Privileges position in England and India Right to Information Act,
2005
• Doctrine of Legitimate Expectation and its constitutional dimensions and limitations,
Public utility services
• Nature and Extent of Doctrine of proportionality and wednesbury principle

Module- 6: PROTECTIONS OF CIVIL SERVANT


• Constitutional protection of civil servants, need for protection of civil servants, Lacunae
in the protection.
• Terms and condition of service, tenure of office – the doctrine of pleasure its extent and
limitations and exceptions, Administrative Adjudication –Exclusion clause and
Administrative Tribunals and Special Court Act – 1979.

Module- 7: ADMINISTRATIVE ADJUDICATION:


• Droit Administratiff and Conseild’etat in France
• Administrative Tribunals Act, 1985.

Module- 8: PUBLIC UNDERTAKINGS AND CORPORATIONS


• Nature, Constitution and powers of Public Undertakings and control over them
• Privatization of public corporations and its impact in India on concept of state
LIST OF REFERENCES:
1. JJR Upadhyay, Administrative Law.
2. Basu, Durga Das, Administrative Law.
3. De Smith - Judicial Review of Administrative Action, 6th Revised Edition 2006,
Sweet and Maxwell Publication.
4. Garner’s – Administrative Law, 8th Edition 1996, Oxford University press
5. H.W.R. Wade and C.F. Forsyth - Administrative Law, 10th Edition 2009, Publication-
Oxford University Press, New York.
6. Jain, M.P., Cases and Materials on Indian Administrative Law, Nagpur: Lexis Nexis,
India.
7. S. P. Sathe - Administrative Law, 7th Edition 2006. Lexis Nexis, Butterworth’s
Publication.
ENVIRONMENTAL LAWS

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG1203
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: DEVELOPMENT OF ENVIRONMENTAL LAWS

• International instruments like Stockholm Declaration,


• Contribution of the Judiciary (USA, India etc.)
• Contribution of the Legislature and Executive (USA, India etc.)

Module- 2: DOCTRINES OF ENVIRONMENTAL LAWS

• Polluter Pay principle


• Precautionary principle
• Public Trust doctrine
• Sustainable development
• Eminent domain

Module- 3: ENVIRONMENTAL POLICY

• National Environmental Policy


• National Policy for mining
• National Policy for GM crops
• National Policy for Bio resources;

Module- 4: CONSTITUTION & ENVIRONMENT

• Fundamental rights and environment


• DPSP and environment
• Fundamental duties and environment
Module- 5: RIGHT TO DEVELOPMENT VIS A VIS NATURAL RESOURCE
MANAGEMENT

• Concept of Right to development


• Doctrine of eminent domain vis a vis Natural Resource Management
• Management of natural resources
 Air
 Water- (Ground water, Surface water, Rainwater harvesting)
 Mines and Minerals
 Forest
 Soil (Soil erosion, Siltation & riverbed elevation, Landslides and desertification,
Alluvium & Diluvium)
 Wildlife
• Management of Wastes
 Organic, Inorganic
 Biomedical
 Construction Debris
 E-waste, Battery
 Plastic

Module- 6: STATUTORY REGULATION OF ENVIRONMENT IN INDIA

 The Environmental Protection Act, 1986


 The Bio Diversity Act, 2002
 Noise Pollution Rules, 2010
 Public Liability Insurance Act, 1991
 National Environmental Tribunal Act, 1995
 National Green Tribunal Act, 2010

Module- 7: GLOBAL WARMING, RESOURCE MANAGEMENT & LAW

Kyoto Protocol

IPCC
LIST OF REFERENCES:
1. S N Shastri, Environmental Law
2. P Leelakrishnan, Environmental Law
3. Rosencranz, Environmental Law
4. Centre for Science and Environment, The State of India’s Environment 1982, The
State of India’s Environment 1984-85 and The State of Indian Environment 1999-
2000.
5. World Commission on Environment and Development. Our Common Future. Oxford.
1987.
6. Thakur, Kailash. Environmental Protection Law and Policy in India New. Delhi: Deep
and Deep Publications, 1997.
7. Riversz, Richard L., et.al. (eds.) Environmental Law: The Economy and Sustainable
Development. Cambridge: CUP, 2000.
8. Stone, Christopher D. Should Trees Have Standing and Other Essays on Law, Morals
and the Environment. Oceana, 1996
GE- 1: 100 marks

LAW OF SOCIAL AND ECONOMIC OFFENCES

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG1305
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION

• Crimes- wrongs- offences


• Theories of punishments
• Rights of the victims

Part- 1 (SOCIAL OFFENCES)

Module- 2 GENERAL OFFENCES

• Witch hunting
• Superstition
• Untouchability
• Smuggling
• Honour killing
• Mob Lynching
• Bonded labour

Module- 3 OFFENCES AGAINST WOMEN

• Dowry
• Sati
• Cruelty
• Trafficking
• Illegal termination of pregnancy
• Indecent representation of women

Module- 4 OFFENCES AGAINST CHILDREN


• Child marriage
• Child labour
• Child pornography
• Trafficking

Part- 2 (ECONOMIC OFFENCES)

Module- 5: TAXING SYSTEM

• Disproportionate asset
• Benami transactions
• Evasion of tax

Module- 6: FINANCIAL SYSTEM

• Black money
• White- collar crimes
• Money laundering
• Whistle blowing and protection

LIST OF REFERENCES:
1. P Ishwara Bhatt, Law of Social Transformation in India
2. Neera Desai & Maithreyi.K, Women Studies in India.
SEMESTER- 2

• Law of Crimes
• Human Rights
• International Law
• Alternative Dispute Resolution
• Law and Technology (GE- 2)
LAW OF CRIMES

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG2201
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: FUNDAMENTALS OF CRIMINAL LAWS


Theories of crime and punishments
Principles of criminal laws
• Mens rea
• Actus reus
• Criminal liability
• Strict liability
• Joint and several liabilities

Module- 2: Classification of crimes and changing patterns


• White collar crime
• Organized crime
• Trans national crime
• Cyber crime
• Minor in crime

Module- 3: SENTENCING PROCESS


• Information
• Arrest
• Commitment for trial
• Prosecution
• Plea and Issue
• Trial and verdict
• Judgment
• Detention
• Probation
Module- 4: VICTIMS AT LAW
• Principles of victim justice
• International standard for victim justice
• Differential methods of treatment of victim of different crimes
• Contribution of the judiciary
• Victim justice programs in different countries

Module- 5: JUVENILE JUSTICE SYSTEM


• Theories on the treatment of juveniles
• International standard for the treatment of juveniles
• Juvenile’s treatment in India
• Juvenile justice system in different countries

Module- 6: POLICE ADMINISTRATION


• Organization, structure, powers and functions
• Recommendations of different committees on police reform

Module- 7: PRISON ADMINISTRATION


• Nature of prison administration in India
• Rights of prisoners
• Recommendations of different committees on prison reform
LIST OF REFERENCES:
1. Ratanlal Dhirajlal
2. Ahuja, Ram. Criminology. New Delhi: Rawat Publications, 2000.
3. Pranajape, N. V. Criminology and Penology. 12th ed. Allahabad: Central Law
Publications, 2006.
4. Kenny’s Outlines of Criminal Law, 19th Ed, New Delhi: Universal Law, 1966.
5. Simester, and Sullain, Criminal Law Theory and Doctrine, Oxford & Portland, 2007.
6. Molan, Mike. Modern Criminal Law, 5th Ed., Cavendish Publishing, 2003.
7. Maguire, Mike, Rod Morgan and Robert Reiner eds. The Oxford Handbook of
Criminology. 4th ed. Oxford: Oxford University Press, 2007.
8. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal
Behavior. 6th ed. Los Angeles: Sage Publications, 2008.
9. Guha, D. R., and Anil Kumar. Words & Phrases under Criminal Law. Hyderabad:
Rajpal, 2006.
10. K D Gaur
11. S N Mishra

HUMAN RIGHTS LAW


Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG2202
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION TO HUMAN RIGHTS


Concept
Nature
Classification
Enforcement mechanism

Module- 2: INSTRUMENTS OF HUMAN RIGHTS STANDARDS & CONSTITUTION OF


INDIA
UDHR
ICCPR
ISCPR
CEDAW

Module- 3: HUMAN RIGHTS AND VULNERABLE GROUPS


Women
Children
Old age people
Workers
AIDS victims
Gay and Transgender
People subjected to clinical trial

Module- 4: HUMAN RIGHTS AND CRIMINAL JUSTICE


Rights of prisoners
Rights against custodial violence
Right to speedy trial
Right to legal aid

Module- 5: CODE OF CONDUCT FOR LAW ENFORCEMENT OFFICIALS


Police
Investigating agencies
Officials of justice delivery system
 Judges
 PP, GP APP

Administrative officials

Module- 6: ENFORCEMENT OF HUMAN RIGHTS IN INDIA


Plans, policies, legislations
Contribution of the judiciary

Module- 7: PROTECTION OF HUMAN RIGHTS ACT, 1993

LIST OF REFERENCES:
1. Justice Palok Basu, Law Relating to Protection of Human Rights, EBC
2. U Chandra, Human Rights, Allahabad Law Agency
3. Upendra Baxi, The Future of Human Rights, Oxford. University Press, New Delhi, 2007
4. Human Rights in Constitutional Law 3rd Edition by D D Basu
INTERNATIONAL LAW

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG2203
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.
Part- 1

Module- 1: INTRODUCTION TO INTERNATIONAL LAW

• General principles of international law


• Subjects of international law

Module- 2: International transactions

Module- 3: Disputes and its settlements

Module- 4: Laws of sea

Module- 5: Laws of treaties

Module- 6: Jurisdiction

Module- 7: Sovereign and Diplomatic immunity

Part- 2

Module- 8: Private international law: Conceptual framework

• Nature and scope of private international law


• Characterization
• Renvoi doctrine
• Exclusion of foreign laws
• Domicile and residence
• Exclusion of foreign laws

Module- 9: Family laws


Module- 10: Property

Module- 11: Liabilities under Tort and contract

Module- 12: Foreign judgment

LIST OF REFERENCES:
1. Malcom Shaw, Public International Law
2. Paras Diwan, Private International Law
3. Ian Brownlie, Principles of Public International Law, by James Crawford, 8th ed.
Oxford, 2012
4. Venzke, How Interpretation makes International Law, 2013, Oxford University Press.
5. Martin Dixon, Textbook on International Law. 6th ed. Oxford University Press, 2007,
Oxford.
6. Mark Weston Janis, International Law. 5thed. Wolters Kluwer, 2008, New York.
7. Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law: Cases
and Materials. Oxford University Press, 2005, Oxford.
8. Aust, Anthony, Handbook of International Law, Cambridge University Press, 2005,
Oxford.
9. Janis, Mark Weston. International Law. 5thed. Wolters Kluwer, 2008, New York.
COMPANY LAWS

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG2204
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION

Legal Vehicles available for business activities – Corporate Bodies, Un-incorporated associations,
proprietary concerns and HUF – Characteristics of each, The corporate bodies governed by The
Companies Act, 1956, Other Corporate Bodies including co-operative societies and LLPs

Module- 2: CORPORATE PERSONALITY AND GENERAL PRINCIPLES OF


CORPORATE LAW
• Advantages and Disadvantages of Incorporation
• Concept of lifting of Corporate Veil.
• Doctrine of Ultra Vires
• International policies of Corporate Law
• Convergence of Corporate Legal system in the present Time – LLP as type of corporate
• Multinational corporations, Regulation under FEM; and Indian companies Act.
• Doctrine of Constructive Notice and Indoor management – Legal protection of the
Company and third parties prejudiced by the un-authorized transactions by the Companies
Agents.

Module- 3: PROMOTION ACTIVITY AND FORMATION OF COMPANIES


• Company Promoters – Legal Position of Company Promoters, Remedies against breach
of duties by promoters
• Pre-Incorporation Contracts – Ratification-Jurisprudential Issues, Scope of Sections 15
and 19 of Specific Relief Act, 1963, Rights and Liabilities of the Company, third parties
and promoters in respect of pre incorporation Contracts, Comparison between Indian and
English Law
• Provisional Contracts – Meaning, Trading certificate –Distinction between private
companies and Public companies, Effect of provisional contracts
• Contracts made after the company is entitled to commence its business
• Formation of Companies – Legal and procedural issues, Conclusiveness of the certificate
of Incorporation.
• Commencement of business – Distinction between Private and public company

Module- 4: MEMBERSHIP

Members of a Company and Their Legal Status – Register of Members – Membership in Respect
of Shares in the Dematerialized Form – Service of Notice to Members, Company and ROC –
Publicity Requirements with Regard to Membership

Module- 5: CORPORATE FINANCE & CORPORATE SECURITIES

• Capital – Concept of Capital in Corporate Law – Quasi-capital Funds – share premium


account and capital redemption reserve fund – Rules governing the raising and
maintenance of capital – Buyback of shares – Reduction of capital
• Types of Corporate Securities – Shares, Debentures and Other Securities – Legal Nature
of Shares and Debentures – Classes of Shares and Their Special Features – Variation of
Class Rights – Shares as property – Trust and beneficial interest, Share certificate, Lien
on shares, Forfeiture of shares – Shares as membership
• Debentures – Types of debentures-secured and unsecured, Debenture trust deed and
debenture trustees, Remedies of debenture holders, Redemption of preference shares and
debentures, Distinction between equity shares, preference shares and debentures,
Conversion of preference shares into equity and debentures
• Modes of acquisition of Corporate securities – Allotment, Transfer, Transmission, Legal
and Procedural aspects, Blank transfers, Transfers of securities in dematerialized form

Module- 6: CORPORATE INSOLVENCY


• Corporate Insolvency- Theories, Determination, across border insolvency issues
• UNCITRAL Insolvency Model Law
• Compromise and arrangement
Module- 7: MAJORITY POWER AND MINORITY RIGHTS
• Rule in Foss v. Harbottle and its exceptions
• Prevention of oppression and mismanagement

Module- 8: COMPANY CHARGES AND COMPANY DEPOSITS

Types of charge-fixed and floating charge – Registration of charges and effect of non-registration
– Crystallization of floating charges – Theories of floating charges – Vulnerability of floating
charges – Effect of negative covenants in winding up

Module- 9: MERGER AND ACQUISITION


• Acquisition, Merger, Take Over, amalgamation
• Different types of Merger and Amalgamation
• Public Offer Document and Safe exit
• Issues of taxes in merger, merger control Regulation

Module- 10: WINDING UP/ LIQUIDATION OF COMPANY- DIFFERENT MODES,


CONDUCT OF WINDING UP

• Kinds of liquidation, Grounds for Compulsory Winding Up, Commencement and


Consequences of Winding Up Order, Who can File Winding Up Petition, Position, Powers
and Duties of Liquidator, The Role of Court in Compulsory Winding up.
• Voluntary Winding up – Member’s Voluntary Winding up, Creditor’s Voluntary Winding
up, Declaration of Solvency, Appointment of Liquidator, Committee of Inspectors,
Powers and Duties of liquidators in Voluntary winding up
• Fraudulent Trading, Misfeasing Proceedings, Public and Private examination, Effect of
Winding Up on Antecedent Transactions, Realisation of Assets and Distributions of
Assets in Winding Up Position of Secured Creditors, Government and Employees. –
Contributories right to set off, Avoidance of transfers etc. Offences in winding up,
Dissolution of companies through winding up, Defunct companies and Registrar’s power
under section 560

LIST OF REFERENCES:
1. Singh,Avtar. Company Law. 14th ed. Lucknow: Eastern Book Company, 2004.
2. Taxman. Taxman's Foreign Exchange Management Manual: With Foreign Exchange
Laws Ready Reckoner. 2Vol, 18th Ed. New Delhi: Taxman Publications, 2011.
3. Taxman. Taxman's SEBI Manual. 2Vol, 15th Ed. New Delhi: Taxman Publications,
2010.
4. Prachi Manekar, Insights into the new Company Law,Lexis Nexis 2013.
5. Nicholas Bourne, Bourne on Company Law, Routledge, 2013.
6. Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell,
1997.
7. Ramaiya, Guide to the Companies Act. Wadha, 1998.
8. Sealy, L. S. Cases and Materials in Company Law. 2007.
GE- 2 100 marks

LAW AND TECHNOLOGY

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG2305
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION

• An introduction to law and technology


• Crimes- wrongs- offences
• Rights of the victims
• Punishment
• Ethical issue with respect to biological sciences

Module- 2: HEALTH & ROLE AND REGULATION OF TECHNOLOGY

• Organ donation
• Illegal termination of pregnancy
• Issues of negligence
• Medical ethics
• Hippocratic oath

Module- 3: AGRICULTURE & REGULATION OF TECHNOLOGY

• Plant variety protection


• Fertility of soil and regulation of fertilisers and other agricultural implements
• Quarantine and pest management
• Environmental issues
• Micro- organism and Law

Module- 4: SOCIAL INTEGRATION & REGULATION OF TECHNOLOGY

• Social networking- Positive and Negative Effects


• Regulation of social networking

Module- 5: REGULATION OF TECHNOLOGY VIS A VIS SAFETY & PRIVACY

• Concept of privacy and the issues of safety


• Surveillance- CCTV; Blocking; Throttling etc.; Interception
• Offences pertaining to safety and privacy
• Statutory norms pertaining to the offences

Module- 6: LAW OF EVIDENCE & ROLE OF TECHNOLOGY

• Concept of evidence and Law


• Recognition of electronic evidence in Law
• Relevance of electronic evidence

Module- 7: ELIMINATION OF CORRUPTION & ROLE OF TECHNOLOGY

• Concept of e- governance
• Corruption and role of e- governance
• Scientific mechanisms to control corruption

LIST OF REFERENCES:
1. Chris Reed, Internet Law,
2. Karnika Seth, Law of Computer- internet
3. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
4. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
5. Biotechnology and the Law by Hugh B. Wellons, Eileen Smith Ewing
6. Law and Biotechnology: Cases and Materials (Carolina Academic Press Law
Casebook)
7. by Victoria Sutton
8. N. S. Sreenivasulu, Biotechnology and Patent Law: Patenting Living Beings,
Manupatra, 2008
SEMESTER- 3

• Research Methodology
• Law of Insurance
• Alternative Dispute Resolution
• DSE- 1, 2, 3 Paper- 1
• DSE - 1, 2, 3 Paper- 2
RESEARCH METHODOLOGY

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3201
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

PART- I 45 Marks

Module- 1: BASICS OF LEGAL RESEARCH


Meaning, objectives of legal research
Characteristics of scientific method – applicability of scientific method
Kinds of Research
Concepts and constructs- relationship between theory and fact
Stages of Research Process

Module- 2: RESEARCH PROBLEM, HYPOTHESIS, RESEARCH DESIGN, SAMPLING


Research Problem – Definition, Determination, Sources of Data
Hypothesis – Meaning and definitions, Characteristics, Research Questions and Hypothesis
Research Design – Meaning and essentials of Research Design, Forms of Research Design, and
major steps
Testing of Hypothesis
Sampling techniques – definition, basic assumptions, classifications

Module- 3: RESEARCH METHODS AND TOOLS


Social and legal survey
Case Study method
Jurimetrics
Interview, Questionnaire and Schedule (Legal Aid Camp)
Observation- Hawthorne effect / observation bias
Doctrinal and Non doctrinal /Empirical Methods of Research

Module- 4: TABULATION, ANALYSIS, INTERPRETATION, AND REPORTING


Classification and Tabulation of Data
Analysis and interpretation of Data
Use of Statistical methods and computers in legal research
Reporting and Methods of Citations
Ethics in research and Plagiarism
Research Reports- Case Comment, Articles, Dissertation, Thesis

Module- 5: LEGAL WRITING


Foundations of writing
Transmittal letter, client opinion letter and e-mail correspondence
Pleadings
Office memo
Memorandum of Law
Appellate brief
Legislative Drafting; Preparation of draft Bill

PART- II 30 Marks

(The students are expected to develop the art of writing term paper under the supervision of the
teacher assigned which will be evaluated out of 50 marks.)

Module- 6: Drafting of Research Proposals

Module- 7: Drafting of Research Paper

LIST OF REFERENCES:
1. C.R. Kothari, 1985, Research Methodology- Methods and Techniques, New Delhi,
Wiley Eastern Limited.
2. Upendra Baxi, ‘Socio-Legal Research in India–A Program Schriff, ICSSR, Occasional
Monograph, 1975.
3. Dr. Rattan Singh, Lexis Nexis
4. Carol M Bast, Foundations of Legal Research and Writing
5. B.N. Ghosh, ‘Scientific Method and Social Research’, New Delhi, Sterling Publishers
Pvt. Ltd., 1984.
6. H.M. Hyman, Interviewing in Social Research (1965)
7. ILI Publication, Legal Research and Methodology
8. Cohen, Morris L., ‘Legal Research’, Minnesota, West Publishing Co. 1985.
9. Dawson, Catherine, 2002, Practical Research Methods, New Delhi, UBS
INSURANCE LAW

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3202
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

MODULE- 1: INTRODUCTION
Meaning of insurance and its importance, Historical background, Theoretical Perspectives of
Insurance, Types of Insurance—Parties to Insurance, Development and growth of insurance
industry in India, Nationalization of insurance business in India, Entry of private players,
Emerging trends in insurance sector – burglary and theft insurance, aviation insurance, liability
insurance, group insurance, agricultural insurance, Rights and liabilities of Insurer and Insured,
Insurance policy-law of contract and law of torts, Need and importance of insurance

MODULE- 2: GENERAL PRINCIPLES OF INSURANCE LAW


Essentials of insurance law, Provisions of the Constitution, obligations to the rural and social
sector, Law relating insurance in India, Contract of insurance, Good faith, Misrepresentation,
Warranties, Conditions, Indemnity and subrogation, Proximate cause, Insurance and consumer
protection, Insurable interest, Commencement of insurance policy, Utmost good faith,
Reinsurance, Proximate cause, Risks, Double Insurance, Premium- definition- mode of payment-
days of grace-forfeiture- return of the premium, The risk-commencement, attachment, duration,
Assignment and alteration, Warranties and disclosures, Insurance intermediaries

MODULE- 3: LIFE INSURANCE


Introduction, Formation of Life insurance contract, General nature of Life Insurance Contract,
LIC Policy and Art. 14, Mutual assent, Assignment and nominations, Risk covered in life
insurance, events insured in Life Insurance, circumstances affecting the risk, amount recoverable
under Life Policy, Persons entitled to payment, Settlement of Claim and Payment of Money.
Event insured against in Life Insurance, Circumstances affecting the risk, amount recoverable
under life policy, Persons entitled to payment, Settlement of claim and payment of money
MODULE- 4: MARINE INSURANCE
• Nature and scope of marine insurance, Classification of marine policies
• Marine Insurance Act, Mixed sea and land risks, Carriage of goods by sea,
• Insurable interest, insurable value, Voyage-deviation, Perils at sea, Warranties in
marine insurance, Loss

MODULE- 5: FIRE INSURANCE:


Condition precedent in fire insurance, Standard fire Policy, Fire claim and amount recoverable

MODULE- 6: REGULATORY AUTHORITIES

Insurance Regulatory and Development Authority, Tariff Advisory committee, Insurance


Association of India, Councils and Committees, Ombudsmen, Insurance intermediaries –
insurance agents, surveyors, loss assessors, third party administrators, Amendments to the
Insurance Act, scope of FDI in Insurance.

MODULE- 7: REGISTRATION OF INSURANCE COMPANY


General registration requirements, capital structure requirements, Certificate of Registration,
renewal, cancellation and revival, deposits, investments, submission of returns, actuary,
advertisements. IRDA Regulations.

MODULE- 8: INSURANCE AGAINST THIRD PARTY RISK

• Motor Vehicle Act 1988


• Nature and scope
• Effect of insolvency or death on claims
• Claims Tribunal-constitution, functions, application for compensation, procedure,
powers and award

LIST OF REFERENCES:
1. M. N. Sreenivasan - Law and the Life Insurance Contract
2. JCB Gilmar and Mustill, Arnold - Law of Marine Insurance
3. Birds-Modern Insurance Law
4. Colinvaux‘s Law of Insurance
5. KSN Murthy and Dr. KVS Sarma - Modern Law of Insurance
6. Avtar Singh - Law of Insurance
7. Mitra B.C.- Law relating to Marine Insurance
ALTERNATIVE DISPUTE RESOLUTION
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3203
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1 Introduction to ADR


a. Disputes – meaning and Kinds of Disputes
b. Dispute Resolution in adversary system, Justiciable court structure and jurisdiction
c. ADR- Meaning and philosophy, Need for ADR
d. Overview of ADR processes
e. Indian Perspective of ADR: Types of ADR in India; Current Trends; Acceptability

Module: 2 Dispute Resolution at grass root level & Application of ADR

a) Lok Adalats,
b) Nyaya Panchayath,
c) Legal Aid,
d) Preventive and Strategic legal aid
e) Application of ADR: Commercial and Financial Disputes; Real estate and Land
Disputes; Consumer Disputes; Accident Claims; Matrimonial Disputes

Module: 3 Arbitration
a. Concept and Essential features b. Need of Arbitration in International and Indian Law
c. Arbitration Law before 1996 d. Arbitration Law after 1996
b. Law of Arbitration in India
Arbitration Agreement; Appointment of Arbitrator; Conduct of Arbitration
Proceedings; Power of Courts to interfere in Arbitration Proceedings; Place of
Arbitration; Law applicable to the Arbitration; Interim Measures; Jurisdictional
Issues; Arbitral Award; Setting Aside the Arbitral Award; Enforcement of Arbitral
Award; Online Dispute Resolution

Page | 39
Module: 4 Mediation
Meaning of Mediation, Advantages, Scope and importance of Mediation, Adjudication vs
Mediation, Techniques of Mediation, Mediation Ethics and Obligations of Mediation,
Characteristics, Appointment of Mediator, fixation of fee, restrictions on mediation, Mediation
models- Med-Arb, Arb-Med, Role of Mediators, Simulation Exercises, Supreme Court’s
Module on Mediation, Civil and Commercial Mediation, Family Mediation, Victim-offender
Mediation

Module: 5 Conciliation and Negotiation:


Conciliation: Nature and Modes of Conciliation, Law Relating to Conciliation Negotiation:
Meaning and Significance, Techniques and approach to Negotiation, Conciliation-Meaning,
conciliation as a mode of settlement of disputes, distinction between negotiation, mediation
and conciliation, advantages, Appointment of conciliators, commencement of conciliation
proceedings, submission of statements, communication between conciliator and the parties,
Role of a conciliator, settlement agreement- status and effect. Termination of conciliation
proceedings; costs and deposits, Simulation Exercises.

Module: 6: International Commercial Arbitration: 15 Hrs.


3.1. UNCITRAL model law on arbitration
3.2 Governing law of arbitration, applicable law and choice of law and principles and
judicial intervention
3.3. Conflict rules

UNIT 7: ENFORCEMENT OF ARBITRAL AWARDS 15 Hrs.


4.1. Appointment of arbitrators -Choice of law (Seat Theory)
4.2. Jurisdiction of arbitral tribunal -Independence and impartiality of the tribunal
4.3. Arbitral process -Party autonomy and arbitral award
4.4. Grounds for setting aside arbitral award
4.5. Recognition and enforcement of foreign arbitral awards

LIST OF REFERENCES:

Page | 40
1. A Practical Approach to Alternative Dispute Resolution. Stuart Sime , Susan Blake
, Julie Browne: Oxford University Press, USA, 2014
2. Alternative Dispute Resolution: A Developing World Perspective. Albert Fiadjoe:
Routledge, 2013.
3. Nolan-Haley, Jacqueline M. Alternative dispute resolution. St Paul, Minn : West
Group, 2001.
4. Markanda, P.C. 7th ed. Law relating to arbitration and conciliation: commentary on
the arbitration and conciliation act, 1996. New Delhi : LexisNexis Butterworths
Wadhwa Nagpur, 2009.
5. Malhotra, O.P. The law and practice of arbitration and conciliation. 2nded. New
Delhi : LexisNexis Butterworths, 2006.
6. Chawla, S.K. Law of Arbitration & Conciliation: Practice and Procedure.2nd ed.
Kolkata : Eastern law House, 2004.
7. Bansal, Ashwinie K. Arbitration: Procedure and Practice. New Delhi : LexisNexis
Butterworths Wadhwa, 2009.

Page | 41
SEMESTER- 4

• Media Law
• DSE - 1, 2, 3 Paper- 3
• DSE - 1, 2, 3 Paper- 4
• Legal Education, (Viva & GD) Research Paper Writing & Seminar on Contemporary
Issues (Seminar)
• Dissertation & Viva Voce (Project/ Fieldwork)

Page | 42
MEDIA LAW
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4201
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1: BASICS OF MEDIA LAW


• Concept, Classification, Origin
• Role of media in forming public opinion
• Media ethics
• Paid news
• Opinion poll
• Content regulation
• Media trial
• Commercial speech
• Freedom of speech and Expression

Module: 2: FREEDOM OF PRESS


• Concept of freedom of press
• Position of freedom of press in the USA, UK India
• Reasonable restrictions

Module: 3: REGULATION OF BROADCASTING MEDIA


• Censorship over the broadcasting media
• Press censorship during emergency
• Censorship over broadcasting media (Audio & Visual)
• CBFC- Cinematograph Act, 1952
• Cable Television Network (Regulation) Act, 1995
• TRAI Act, 1997
• Communications Convergence Bill, 2001 & Broadcasting Services Regulation Bill,
2007
• Media ownership patterns- legal issues

Module: 4: REGULATION OF EXPRESSION IN MEDIA


• Defamation
Page | 43
• Hate speech
• Racial comments
• Blasphemy
• Obscenity and pornography

Module: 5: MEDIA AND PRIVACY


Concept of privacy in the context of media
Forms of journalism and Law
• Photo journalism
• Investigative journalism
• Sting operation
• Wiki leaks

Regulation of personal data available in media


• Abuse of personal information
• Usage of personal data for commercial purposes

Access of press to judicial process, records, meetings etc


Privacy (Protection) Bill, 2013
IT Rules, 2011

Module: 6: SOCIAL MEDIA


• Internet: A platform for free speech
• Content regulation on internet
• Intermediary Liability
• Treatment of cross border issues

Module: 7: MEDIA ETHICS AND ADJUDICATION


• Media trial, opinion poll, paid news
• Copyright issues in mass media- plagiarism, piracy
• Reporting of judicial proceedings- The Contempt of Courts Act, 1971
• Reporting of legislative proceedings- Article 105 & 194; The Parliamentary
Proceedings (Protection of Publication) Act, 1977
• Commercial Speech- Protection and Regulation; Advertisement Standards
Module: 8: REGULATORY FRAMEWORK FOR MEDIA
Page | 44
Statutory Regulation
• PCI
• BCCC
• NBSA
• ASCI

Self-Regulation- Editor’s Code of Practice

LIST OF REFERENCES:
1. Ursula Smartt, Media and Entertainment Law, Routledge
2. Roy L Moore, Mass communication Law and Ethics
3. Perry Keller, European and International Media Law, Oxford
4. Sallie Spilsbury, Media Law, Cavendish
5. Frank Leishmann, Policing and the Media, Lawman
6. Roger L Sadler, Electronic Media Law, Sage
7. Sebastian Paul, Forbidden Zones; law and media
8. Jaya Patil, Mass media: support for rural development
9. Wayne Overbeck, Major principles of media law.

Page | 45
LEGAL EDUCTION, RESEARCH PAPER WRITING & SEMINAR ON
CONTEMPORARY ISSUES
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4804
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Part- 1
The students are expected to take 10 classes at LLB level in other colleges which shall be
examined out of 50 marks.

Part- 2
The students are expected to present a paper or case studies in a seminar on contemporary
issues organized by any institution outside the university under the supervision of a teacher
which shall be examined out of 50 marks.

LIST OF REFERENCES:
1. Ranjit Kumar, 2005, Research Methodology-A Step-by-Step Guide for Beginners,
(2nd.ed.), Singapore, Pearson Education. Whitney, F.L, The elements of Research.
2. N.R. Madhava Menon, (ed.) A Handbook of Clinical Legal Education, (1998)
Eastern Book Company, Lucknow.

Page | 46
DISSERTATION
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4905
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Part- 1
The students are to write a dissertation under the supervision of a teacher on any atopic chosen
the student which shall be subjected to external evaluation out of 80 marks.

Part- 2

The students are to appear in a viva voce examination on dissertation which shall be subjected
to external evaluation out of 20 marks.

LIST OF REFERENCES:
1.

Page | 47
DISCIPLINE SPECIFIC SUBJECTS

CONSTITUTIONAL AND ADMINISTARIVE LAW: DSC Cluster- 1

• COMPARATIVE CONSTITUTIONAL LAWS


• LAWS OF HEALTH & MEDICINE
• JUDICIAL PROCESS AND THE PRINCIPLES OF LEGISLATION
• LAW OF PROPERTY
• LAW OF AGRICULTURE

Page | 48
COMPARATIVE CONSTITUTIONAL LAWS
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3404
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1: INTRODUCTION
• Concept of Constitutional law and Constitutionalism
• Concept of Federalism
• Historical evolution of federal features in India
• Nature of Indian Federalism –Dominant features of the Union over the States
• Judicial Perspective over the Indian federalism

Module: 2: EVOLUTION & STATUS OF THE CIVIL AND POLITICAL RIGHTS


• Evolution of the civil and political rights in the UK, France, USA, Canada &
Australia
• Status of the civil and political rights in the UK, France, USA, Canada & Australia
• Comparison the civil and political rights in the UK, France, USA, Canada & Australia
with India

Module: 3: EVOLUTION & STATUS OF THE SOCIO- CULTURAL AND ECONOMIC


RIGHTS
• Evolution of the Socio- cultural and economic rights in the UK, France, USA, Canada
& Australia
• Status of the Socio- cultural and economic rights in the UK, France, USA, Canada &
Australia
• Comparison of the Socio- cultural and economic rights in the UK, France, USA,
Canada & Australia with India

Module: 4: JUDICIAL SYSTEM


• Organization of the judicial system in the UK, France, USA, Canada & Australia
• Tribunal system
• System of judicial review
• Separation of the judiciary from legislature and executive

Page | 49
• Comparison of the judicial system in the UK, France, USA, Canada & Australia with
India

Module: 5: LEGISLATIVE & EXECUTIVE SYSTEM


• Distribution of the legislative and executive powers
• Emergency
• Resolution of conflict
• Law making process
• Comparison of the legislative and executive system in the UK, France, USA, Canada
& Australia with India

LIST OF REFERENCES:
1. A.V.Dicey, Introduction to the Study of Constitution.
2. Brandt, E.M.; An Introduction to Constitutional Law; Oxford University Press
3. Bernard Schwartz Commentary on American Constitution
4. Bhagwan Vishnoo, Bhushan Vidya, World Constitutions
5. Dauglus W.O, Studies in Indian and American Constitutional Law.
6. E. S. Venkataramaiah, Federalism Comparative Study
7. Finer, S.E.; Comparative Government; Penguin Books
8. Godfrey and Blondel, The French Constitution and Government.
9. Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law
10. K.C.Wheare, Modern Constitutions.
11. Loughlin, Martin; The Idea of Public Law; Oxford University Press
12. Mason and Beany, American Constitutional law
13. Rodney Brazier, Constitutional Practice.

Page | 50
HEALTH & MEDICAL LAWS
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3405
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1: INTRODUCTION
• Right to Health as a human Right - International perspective, WHO
• Right to health under the Constitution of India,
• National Health Policy, Important projects and schemes both at Central and State
level,
• Regulation of Public Health & Private Health
• Relationship between law and medicine
• Forensic medicine & Forensic evidence
o Clinical trial, Occupational diseases, Disability and its kinds, Bio- ethics, Stem
Cell research, Cloning, Medical Termination of pregnancy, Gene Therapy

Module: 2: HEALTH CARE SYSTEM AND INDIA


• Introduction to Public Health- State responsibilities for community health in a welfare
state,
• Factors affecting Public Health: sanitation- waste management- water management etc.
• Structure of the health care system in India
• Policies of the government regarding affordable treatment
• Universal health insurance system
• Specific Issues in Public Health Care-
 State Participation for community health,
 Community awareness programme;
 International health hazards and control programmes.
 Major Industrial Accidents and its control,
 Epidemics and control- The Environment Protection Act-1986, Epidemic Diseases
Act, 1925, The Indian Penal Code, 1860,
 Natural calamities & regulation of health problems.

Module: 3: Patient’s Rights


Page | 51
• Rights of patient & Duties of medical professionals to the patients; Patient’s right to
refuse life-sustaining medical treatment- Legal Rule for Referral and Consultation
• Rights of women patients- Reproductive rights and family planning, Termination of
Pregnancy- The Medical Termination of Pregnancy Act, 1971, The Pre-Natal
Diagnostic Techniques (Regulation and prevention of misuse) Act, 1994
• Rights of Child patients
• Rights of patients specially circumstanced-
 Patients suffering from Physical Disability,
 Patients suffering from Mental illness (Mentally ill persons– Types, medical
and legal insanity, Mc Naughton’s case, The Mental health Act, 1987),
 Patients suffering from Infectious diseases,
 Patients suffering from Trauma
 Patients suffering from AIDS
• Terminally ill person- Palliative care
• Geriatric care

Module: 4: Regulatory framework for medical components:

• Organ donation: Different perspectives


• Regulation of Organ transplantation- Transplantation of Human Organs Act, 1994 and
rules 1995.
• Regulation and Policy on Blood Bank;

Module: 5: LIABILITY OF PROFESSIONAL & THIRD PARTIES

• Medical negligence
• Legal issues Liability of professional doctors for negligence and ethics;
• Regulation of Medical Profession- Concept of medical ethics- The Indian Medical
Council Act, 1956, The Dentists Act, 1948, The Paramedical and Physiotherapy
Central Councils Bill, 2007, The Clinical Establishments (Registration and
Regulation) Act, 2010.
• Theories of Vicarious Liability- Respondeat Superior, The Law of Agency and
Apparent Agency, the "Borrowed Servant" Doctrine,
• Risk Management: Protection from Malpractice and Professional Negligence

Module: 6: WOUND, DEATH AND LAW


• Injuries under medicine (abrasion, bruise, contused wound, laceration, incised wound,
stab wound etc.)
Page | 52
• Medico- legal concept of death, asphyxia death
• Post mortem report- inquest etc.

Module: 7: MEDICINE AND LAW


• Pricing of medicines: Practices in USA, UK and India
• Spurious medicines
• Product liabilities for defective medicines
 Contractual liability
 Tortious liability
• Legal framework for control and regulation of medicine in USA, UK and India

LIST OF REFERENCES:
1. Cameron, Cecily, and Elizabeth-Anne Gumbel. Clinical Negligence: A Practitioner's
Handbook. Oxford: Oxford University Press, 2007. Print.
2. Chaudhri, V. K. Medical Jurisprudence and Toxicology. Allahabad: Dwivedi Law
Agency, 2007.
3. Dogra, T. D., and Rudra, Abhijit Lyon's Medical Jurisprudence and Toxicology. New
Delhi: Delhi Law House, 2005.
4. Herring, Jonathan. Medical Law and Ethics. Oxford; New York: Oxford University
Press, 2006.
5. Jackson, Emily. Medical Law. 2nd ed. London: Oxford University, Press, 2010.
6. Kannan, Justice; Mathiharan.Dr. K. A. Textbook of Medical Jurisprudence and
Toxicology. Nagpur: LexisNexis Butterworth Wadhwa, (1920).
7. Lewis, Charles. Clinical Negligence: A Practical Guide. 6th ed. Haywards Heath:
Tottel, 2006.
8. Mason, J. K., et al. Mason &Mccall Smith's Law and Medical Ethics. 7th ed. Oxford:
Oxford University Press, 2006.
9. McLean, Sheila. Contemporary Issues in Law, Medicine and Ethics. Aldershot:
Dartmouth, 1996.
10. Miola, José. Medical Ethics and Medical Law: A Symbiotic Relationship. Oxford:
Hart, 2007.
11. Plomer, Aurora. The Law and Ethics of Medical Research: International Bioethics
and Human Rights. London: Cavendish, 2004.

Page | 53
JUDICIAL PROCESS AND THE PRINCIPLES OF LEGISLATION

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4402
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1: LEGAL SYSTEM


• Common Law System
• Civil Law System
• Religious Law System

Module: 2: RULE OF LAW


• Concept
• Application

Module: 3: SEPARATION OF POWERS


• Concept
• Importance
• A study of overstepping the delineated boundaries by the Judiciary

Module: 4: HIERARCHY of Courts & THETR JURISDICTION


• Hierarchy of Court
• Jurisdiction of the Courts

Module: 5: REASONING
• Types
• Logic
• Method
• Relevance

Page | 54
Module: 6: INTERPRETATION
• Constitution
• Criminal Laws
• Taxing Laws

Module: 7: PRECEDENT
• Locus Standi
• Ratio Decidendi
• Obiter Dicta
• Types of Precedent
• Test of Precedent

Module: 8: CONTEMPT OF COURT


Module: 9: APPOTNTMENT OF JUDGES
Module: 10: TRANSFER AND REMOVAL OF JUDGES
Module: 11: MAKTNG OF A STATUTE AND PARTS OF A STATUTE
Module: 12: PRINCIPLES OF LEGISLATTON

LIST OF REFERENCES:
1. Peter Gerangelos, The Separation of Powers and Legislative Interference in Judicial
Process: Constitutional Principles and Limitations
2. Benjamin N. Cardozo, The Nature of The Judicial Process, YALE UNIVERSITY
PRESS.
3. Underlying Principles of Modern Legislation Paperback, William Jethro Brow
4. The Principles of Morals and Legislation, Jeremy Bentham
5. William J. Quirk, Judicial Dictatorship,
6. Judicial Review. Comparative Constitutional Law Essays, Lectures and Courses
(1985-2011) Paperback, Allan R Brewer-Carias
7. Principles of CONSTITUTIONAL & ADMINISTRATIVE LAW Board book –
2017, by D.P. MITTAL
8. Interpretation of Statutes Paperback – 2008, by N.S. Bindra, Lexis Nexis

Page | 55
9. Maxwell on the Interpretation of Statutes Paperback – 2010, by Maxwell
10. Principles of Statutory Interpretation (Also Including General Clauses Act, 1897
With Notes)25 May 2016, by G.P. Singh

Page | 56
LAW OF PROPERTY

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4404
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.
Module- 1: Concept of Property

Definition- Types of property; Theories of property, Meaning of Private Property- Economic


Perspective, Socialist perspectives, doctrine of Eminent Domain, Land Rights and the Rule of
Law, Constitutional framework of on property,

Module- 2: Doctrine of Public Trust

Concept of public trust, development of the public trust doctrine, nature and scope of public
trust doctrine, Modern approach to public trust doctrine

Module- 3: Private Property

Universal Declaration of Human Rights, 1948; European Convention of Human Rights, 1969,
Conference of American States on the Human Rights, 1969, Status of Property in England,
France, USA, Canada, India; Rights associated with property,

Module – 4: Doctrine of Eminent Domain

Concept of the eminent domain- Pre magna carta status, Post magna carta status in England,
Position in the USA, India, Initiatives at the International Level; Corporate Initiative: Global
Approach- Norway; China; Japan etc.

Module- 5: Land Acquisition vis a vis the Right to Property

Indian scenario- Plans, Policies towards the doctrine of eminent domain; Emerging Concepts-
Auctioning of land, Land pooling; Return of Land, Supreme Court on Singur Case

Module – 6: Rehabilitation and Resettlement

Rehabilitation and resettlement under the Land Acquisition Act, 1894, The right to fair
compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013,
Different schemes on acquisition of land

Page | 57
Module- 7: Land Reforms:

Concept of land reform, Objectives- Types; Principles of Distribution of Land,


Constitutionality of Land Reforms

Module- 8: Land Grabbing

Concept of Land Grabbing, Impacts of Land Grabbing on Common people, Rights against
Land Grabbing, Efficacy of Laws and governance to prevent land grabbing

Module- 9: Transfer of Property

Modes of transfer of property- Sale- Lease- Gift- Mortgage;

Module: 10: Property Rights of Women

Coparcenary Property, Stridhan, Law of inheritance.

LIST OF REFERENCES:

Page | 58
1. A GHOSH, LAW ON LAND ACQUISITION, R. Cambray & Co, Calcutta 2nd edition
2002.

2. ABHIJIT GUHA. “DISPOSSESSION OF PEASANTS BY INDUSTRIAL PROJECTS”,


IN THE ECONOMICS OF AND POLITICS OF RESETTLEMENT IN INDIA (2006),
(SHOBHITA JAIN AND MADHU BALA EDS.), Pearson Education, New Delhi 2006.
3. Dr. Diganta Biswas, Eminent Domain and Private Property, R Cambray & Co. Pvt. Ltd.,
Kolkata.
4. ALFRED D JAHR, LAW OF EMINENT DOMAIN VALUATION AND PROCEDURE,
Clark Boardman Company Ltd. New York, 1957.

5. DR. PARAMJIT S. JASWAL & DR. NISTHA JASWAL, HUMAN RIGHTS AND THE
LAW; APH Publishing Corporation, New Delhi. 1996, New Delhi, 1996.
6. M.E. SHARPE ARMONK, TOWARDS SUSTAINABLE DEVELOPMENT,
STRUGGLING OVER INDIA’S NARMADA RIVER; (WILLIAM P FISHER ED.) New
York, London, First published in 1995.
7. J.N. PANDEY, CONSTITUTIONAL LAW OF INDIA, Central law Agency, Lucknow,
44th Edition, 2007.
8. H R KHANNA, MAKING OF INDIAN CONSTITUTION, Eastern Book Company,
Kolkata, 2nd edn. 2008
9. MAHESH DHEER, SUPREME COURT LAND ACQUISTION AND
COMPENSATION DIGEST (1984- 2007), Singla Law Agency, 1st edition, 2008.
10. PETER GARNSEY, THINKING ABOUT PROPERTY FROM ANTIQUITY TO THE
AGE OF REVOLUTION, University of Cambridge, 2007.
11. SURAJIT C MUKHOPADHYAY, THE STUDY- THE POLITICS OF LAND
ACQUISITION IN WEST BENGAL; Published by The Centre for Studies in Social
Science, Calcutta.

Page | 59
LAW OF AGRICULTURE

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4404
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION

• introduction; nature of agricultural law; intro to agricultural ethics and policy


• Introduction to agriculture: economics, demographics, etc. Basic structure of
agricultural regulation; roles of federal and state governments
• Organic farming: Facts and issues; recent developments through litigations and
regulations, environmental issues; sustainable agriculture
• Crop failure- Crop insurance

Module- 2: FARM LABOUR

• Basic principles of agricultural labour law


• Immigration and migrant farm workers
• Protection of farm workers; insurance, occupational health and safety issues
• Farm worker housing and related issues
• Issues with women farmers- The Women Farmers' Entitlements Bill, The National
Bank for Agriculture and Rural Development (Amendment) Bill, 2017

Module- 3: COMMERCIALISATION OF AGRICULTURE

• Commercialisation of agriculture- ideas, models, etc.


• Non-profit trade associations
• Marketing orders, commissions, cooperatives and current issues
• Dairy cooperatives, interstate movement of milk, Hillside/Ponderosa and similar
litigation
• Regulation of Agriculture as a commercial industry

Module- 4: Regulation of agricultural implements

Page | 60
• Regulation of fertiliser,
• Farm animal welfare and the law
• Water allocation and rights

Module- 5: Land issues in Agriculture

• Land use and property rights


• Encroachment on agricultural land: policy issues
• Issues in ranching and grazing
• Eminent Domain

Module- 6: REGULATION OF FARM POLLUTION:

• Water pollution
• Air pollution
• Ecofeminism and farming

Module- 7: INTERNATIONAL TRADE OF AGRICULTURAL COMMODITIES AND


ITS REGULATION

• International trade implications of Indian agricultural policy


• Subsidies and other economic incentives and disincentives

Module- 8: MODERN DIMENSIONS OF AGRICULTURAL LAW

• Agricultural biotechnology: Microcosm of issues in agricultural law and policy


• Agroterrorism
• Food Security

LIST OF REFERENCES:
1. K.K DEWETT, J D VARMA, M L SHARMA, INDIAN ECONOMY; S. Chand and
Company Ltd. New Delhi, 40th Edition, 2000.
2. KEVIN GRAY, ELEMENTS OF LAND LAW, Butterworth’s, London, Second edn,
1993.
3. S N Shastri, Environmental Law

Page | 61
4. P Leelakrishnan, Environmental Law
5. Rosencranz, Environmental Law
6. Centre for Science and Environment, The State of India’s Environment 1982, The
State of India’s Environment 1984-85 and The State of Indian Environment 1999-
2000.
7. World Commission on Environment and Development. Our Common Future.
Oxford. 1987.
8. Law and Biotechnology: Cases and Materials (Carolina Academic Press Law
Casebook), by Victoria Sutton
9. N. S. Sreenivasulu, Biotechnology and Patent Law: Patenting Living Beings,
Manupatra, 2008

Page | 62
CORPORATE, COMMERCIAL AND ECONOMIC LAWS: DSC Cluster- 2

• INTERNATIONAL TRADE LAWS


• COMPETITION LAWS
• LAW OF BANKING
• LAWS OF INVESTMENT
• CORPORATE GOVERNANCE

Page | 63
INTERNATIONAL TRADE LAWS

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3404
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTERNATIONAL TRADE: A CONCEPTUAL FRAMEWORK

• Concept of International trade


• Differences between ‘investment’, ‘trade’, and ‘commerce’
• Historical background of international trade
• Theoretical Foundation to International Trade: Economic Theories of free trade,
Absolute Advantage theory, Comparative Advantage theory, Heckscher–Ohlin theory,
Leontief Paradox and New trade theory
• Principles of International Trade: Tariff and non- tariff restrictions, Quota restrictions,
Anti-dumping, Customs unions, Free Trade Areas, Preferential trade agreements
• Evolution of GATT as a trading institution and transition of GATT to WTO

Module- 2: INSTRUMENTS OF INTERNATIONAL TRADE LAWS


• AGREEMENTS- TREATIES: International treaties for bilateral and regional trade,
Multilateral agreements
• TRANSNATIONAL COMMERCIAL LAWS: Meaning and scope of Transnational
Commercial Law, Sources of Transnational Commercial Law, Movement towards
unification of national commercial laws, Evolution of Law Merchant, UNIDROIT and
UNCITRAL
• INTERNATIONAL CARRIAGE LAWS: Carriage of goods by sea, Carriage by air,
Multimodal transportation
• INTERNATIONAL SALES OF GOODS: Vienna Convention on Contract for
International Sale of Goods; Drafting of International Commercial contracts
• INTERNATIONAL PAYMENTS: International Chamber of Commerce, Customs and
Practices on Documentary Credits

Page | 64
• INTERNATIONAL COMMERCIAL ARBITRATION: UNCITRAL Model Law on
International commercial arbitration, Indian Arbitration and Conciliation Act, 1996,
Enforcement of foreign arbitral awards

Module- 3: WTO: REGULATOR OF INTERNATIONAL TRADE


• WTO as an International institution
• Structure of the WTO
• Basic rules and principles of WTO
• Mandate of WTO; Membership of WTO;
• Institutional structure of the WTO;
• Decision-making in the WTO;

Module- 4: INTERNATIONAL TRADE LAWS AND INDIA


• Foreign Trade (Development and Regulation) Act, 1992
• Foreign Exchange Management Act, 1999
• Customs Act, 1962
• Special Economic Zones and International trade
• Law and Policy of Export-Import Trade in India

LIST OF REFERENCES:
1.

Page | 65
COMPETITION LAW

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3405
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION TO COMPETITION LAW


• Concept of market, Open market- Regulated market, Market functions of role of
competition law
• Nature & Scope of competition law and policy
• Evolution & Growth of competition law
• Theoretical foundations of competition law
• Competition Act, 2002- overview, definitions and ideas of agreement, dominant
position, combination and effects of anti- competitive activities

Module- 2: ANTI- COMPETITIVE AGREEMENTS

• Anti-competitive agreements: Concept, forms and treatment in India


• Parallel import
• Treatment of anti- competitive agreements under USA, EU, UK, Australia

Module- 3: ABUSE OF DOMINANT POSITION

• Abuse of dominant position: Concept, forms and treatment in India


• Essential facilities doctrine
• Refusal and abuse of dominant position
• Pricing strategies and abuse of dominant position
• Treatment of abuse of dominant position under USA, EU, UK, Australia

Module- 4: COMBINATIONS

Page | 66
• Combinations: Concept, forms, reasons and regulatory framework in India
• Different tests for studying the impacts of combinations in the market
• Unilateral and co- ordinate effects of combinations
• Foreclosure
• Failing firm
• Creeping acquisitions
• Regulation of Cross- border combinations
• Treatment of combinations under USA, EU, UK, Australia

Module- 5: COMPETITION COMMISSION OF INDIA

• Composition, powers and function of CCI


• Role of the DG
• Appellate Tribunal
• Penalties and remedies

Module- 6: IPR AND COMPETITION LAW

• Theoretical basis of IPR and Competition law


• TRIPs and its impact on competition law regime
• Abuse of IPR and competition law (agreements, abuse of dominant position,
combination)
• Doctrine of exhaustion and its treatment
• Modern trend to the conflict in IPR and Competition law

Module- 7: INVESTMENT AND COMPETITION LAW

• WTO norms for investment


• OECD guidelines in investment
• FDI policies and it’s impacts on Competition in domestic market
• Regulation of FDI in India, USA, EU, UK, Australia

Page | 67
Module- 8: MODERN DIMENSIONS OF COMPETITION LAW

• WTO and its impacts on Competition Laws with reference to UNCTAD


• International enforcement and judicial assistance
• Applicability of competition law into agricultural sector
• Dumping
• State aid
• Recession

LIST OF REFERENCES:
1. Alexandra Karmerling, Restrictive Convenants Under Common And Competition
Law: London Sweet And Maxwell 2007.
2. Alphen aan den Rijn, The reform of EC competition law : new challenges
3. D P Mittal, Competition Law and Practice : New Delhi Taxmanns Allied Services
2008
4. Dabbah, Maher M,.EC and UK competition law : commentary, cases, and materials
/Cambridge, UK
5. Dugar, S.M ,Guide to Competition Law : Containing commentary on Competition
Act, MRTP Act & Consumer Protection Act LexiNexis Butterworths Wadhwa
Nagpur, 2010
6. Furse, Mark., Competition law of the EC and UK, Oxford University Press, 2008
7. Gurbax Singh, Law of Consumer Protection.
8. Haracoglou, Irina, Competition law and patents : a follow-on innovation perspective
in the biopharmaceutical industry Cheltenham, UK
9. Indian Competition Law: An International Perspective; Suzanne Rab; CCH - A
Wolters Kluwer Business, 2012
10. Ioannis, N Kessides, Reforming Infrastructure: Privatization, Regulation, and
Competition, Washington D C World Bank 2004.
11. Richard Whish, Competition Law

Page | 68
LAW OF BANKING

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4402
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module: 1 INTRODUCTION

Evolution of banking institutions, services of banks – Functions of commercial banks, social


control on banks, Nationalization of Banks, Institutional frame work of banking, Reserve
Bank of India and its role – functions of the Reserve Bank of India – RBI and commercial
banks

Module: 2 BANKING REGULATION ACT, 1949

Business of banking companies – National banks, management of national banks –


Achievement of nationalized banks, control over management – Acquisitions of the
undertakings of banking companies in certain cases, suspension of business and winding up
of banking companies – Special provisions for speedy disposal of winding up proceedings

Module: 3 BANKING ORGANIZATIONS

Private individuals, Partnership firms, Hindu Joint Family system – Banking corporations

Module: 4 BANKER AND CUSTOMER

Definitions of banker and customer – General relation between banker and customer –
special features of the relationship; statutory obligations on banks in India – banker’s general
lien – banker obligation, Unremunerative accounts – Law of limitation and despots

Module: 5 BORROWING

Forms of borrowing, discounting bills – participation certificates, Bank deposits – fixed or


time deposits –savings deposits – current deposits- attachment of deposits by Income Tax

Page | 69
Authorities, Opening of new accounts – special types of customers: minors – married
women
– joint accounts, Insolvency of joint account holder- drawing of cheques – survivorship –
nomination – power to overdraw – husband and wife – joint stock companies, Precautions
to be taken in opening accounts – opening of partnership accounts – handling of companies
accounts

Module: 6 BANKING OPERATIONS


Negotiable instruments and their characteristics, Payment of cheques – protection to the
paying banker, crossing of cheques – payment of customers cheques, Collecting banker and
customer account

Module: 7 GUARANTEES

Guarantee, Obligations of the Banker – rights of baker against surety, Termination of


guarantee, Letters of Credit and Bank Guarantee

Module: 8 ADVANCES SECURED BY COLLATERAL SECURITIES AND LAWS


RELATING DEBT RECOVERY

Modes of securing advances, Bankers lien, pledge and mortgage of movables, Hypothecation
– advances against goods and document of title to goods. Special features of Recovery of
Debts Due to Banks and Financial Institutions Act, 1993. The Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; The
Consumer Protection Act, 1986; The Banking Ombudsman, Lok Adalat’s Lender's Liability
Act.

LIST OF REFERENCES:
1.

Page | 70
LAW OF INVESTMENT

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4403
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Part- 1 45 MARKS

Module- 1: INTRODUCTION TO INTERNATIONAL INVESTMENT LAWS

• Meaning of investment
• Historical background of international investment
• Nature and significance of international investment
• Forms of international investment and nature of investors
• Sources of international investment Laws

Module- 2: PRINCIPLES OF INTERNATIONAL INVESTMENT LAWS

• MFN
• Concept of Discrimination
• National treatment
• Absolute standard of protection
• Minimum standards of treatment
• Expropriation
• Investment contracts
• Security and protection standard
• Reparation clauses
• Stabilization clauses
• Renegotiation and adaptation

Module- 3: REGULATION OF FOREIGN INVESTMENT TRANSACTIONS

Forms of international investments

Page | 71
Methods of control of foreign investment by host countries

Module- 4: INVESTMENT TREATIES AND ENFORCEMENT MECHANISM

• Protection standard for placement of foreign projects


• Standard of protection in bilateral investment
• Fair and equitable treatment
• Umbrella clause
• Arbitration and dispute resolution
• Procedural standards- ICSID, UNCITRAL, ICC, LCIA, and SCC
• Substantive standards
• Scope of precedents in international investment arbitrations
• Critics and conflicting approaches to the international investment arbitrations

Module- 5: JURISDICTION

• UNCTAD, OECD Guidelines


• Ratione Materrie
• Parallel proceeding
• Exhaustion of local remedies

Part- 2 35 MARKS

INDIAN INVESTMENT LAWS

Module- 6: REGULATION OF CORPORATE FINANCE

Concept and sources of corporate finance

Institutional and functional regulation, supervision and control of primary and secondary
market

SEBI norms for-

• Issue of Capital and Disclosure requirements


• Stock Brokers and Sub- brokers
• Listing and de- listing of securities
• Insider trading
Page | 72
Module- 7: REGULATION OF INVESTMENT IN SECURITY MARKET

• Concept and types of security


• Institutional and functional regulation of securities

Module- 8: REGULATION OF INVESTMENT IN COLLECTIVE INVESTMENT


FUND

• Concept and Types of collective investment funds


• Institutional and functional regulation of collective investment funds

Module- 9: REGULATION OF INVESTMENT IN DERIVATIVES

• Concept and Types of derivatives


• Institutional and functional regulation of derivatives

Module- 10: REGULATION OF INVESTMENT IN DEPOSITORY MARKET

• Concept and Types of depository receipts


• Regulation of depositories and depositories participants;
• Dematerialization
• Role and functions of the NSDL and CSDL

Module- 11: REGULATION OF INVESTMENT IN NON-BANKING FINANCIAL


INSTITUTIONS

• Concept and Types of non-banking financial companies (NBFCs)


• Classification of non-banking financial companies (NBFCs)
• RBI control on NBFCs
• Regulation of Chit Funds in India

Module- 12: REGULATION OF FOREIGN INVESTMENT IN INDIA

• FEMA
• Investment treaties
• Foreign Investment Promotion Board
• Current issues relating to foreign direct investment
• FTDR
Page | 73
• The Industries (Development and Regulation) Act

Module- 13: EXTERNAL BORROWINGS

• Norms for borrowing from IMF, World Bank, Asian Development Bank

LIST OF REFERENCES:
1. Myneni, S.R. Law of Investment and Securities. Hyderabad: Asia Law House, 2006.
2. Puliani, Ravi, et,al,eds. Bharat's Manual of SEBI Act, Rules, Regulations,
Guidelines, Circulars, ETC. 2Vol, New Delhi : Bharat Law House Pvt,2007.
3. Saxena, Ashok. Bharat's Foreign Exchange Management Manual. 3Vol, 5th Ed. New
Delhi: Bharat Law House, 2008.
4. Singh, Avtar. Company Law. 14th ed. Lucknow: Eastern Book Company, 2004.
5. Taxman. Taxman's Foreign Exchange Management Manual: With Foreign Exchange
Laws Ready Reckoner. 2Vol, 18th Ed. New Delhi: Taxman Publications, 2011.
6. Taxman. Taxman's SEBI Manual. 2Vol, 15th Ed. New Delhi: Taxman Publications,
2010.

Page | 74
CORPORATE GOVERNANCE

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4403
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION TO CORPORATE GOVERNANCE

• Corporate governance – Introduction, need, scope.


• Corporate governance v Public Governance
• Evolution of corporate governance-Developments in India, US, UK.
• Principles of corporate governance – OECD principles
• Theories and philosophies of corporate governance
• Models of corporate governance
• Concept of corporate governance and stake-holders

Module- 2: LEGISLATIVE FRAMEWORK OF CORPORATE GOVERNANCE IN


INDIA

• Companies Act, 2013


• SEBI
• Listing agreement

Module- 3: BOARD OF DIRECTORS


• Directors-Introduction, types of directors, duties and responsibilities, independence
• Board composition, diversity in board, board’s role and responsibility
• Board Charter, Meetings and Processes, Performance evaluation of Board and
Directors.
• Board committees-composition, role and responsibilities, contribution to board
governance, Auditors, Audit committee, Shareholders Grievance committee,
Remuneration committee, Corporate Governance committee, Nomination committee,
Corporate Compliance committees.

Module- 4: CORPORATE GOVERNANCE AND SHAREHOLDER RIGHTS


• Rights of shareholders
• Challenges in exercising shareholder’s rights
• Corporate governance and related party transactions

Page | 75
• Investor protection in India; Role of institutional investors

Module- 5: CORPORATE GOVERNANCE AND OTHER STAKEHOLDERS 7 hrs


• Employees
• Customers
• Institutional Investors
• Creditors
• Community
• Government

Module -6: RISK MANAGEMENT AND INTERNAL CONTROL


• Risk and its Classification
• Risk management and oversight function
• Enterprise Risk Management
• Internal control
• Disclosures

Module -7: CORPORATE FRAUDS


• Introduction to Corporate frauds
• Major Corporate frauds-case studies
• Whistle-blowing and Corporate governance

UNIT 8: CORPORATE SOCIAL RESPONSIBILITY 7 Hrs.


• CSR and investment climate
• Corruption
• Code of Ethics
• Environment

LIST OF REFERENCES:
1. Gower, L. C. B. Principles of Modern Company Law. London: Sweet and Maxwell,
1997.
2. Palmer. Palmer’s Company Law. London: Stevans, 1987.
3. Pennington R. R. Company Law. Butterworths, 1990.
4. Ramaiya, Guide to the Companies Act. Wadha, 1998.
5. Sealy, L. S. Cases and Materials in Company Law. 2007.
6. Sami Pathasarathy, Corporate Governance, Principles, Mechanisms and Practice

Page | 76
7. Dimple Grover, Amulya Khurana, Ravi Shankar, The Regulatory Norms of
Corporate Governance in India.
8. Sadhalaxmi Vivek Rao, Legal Framework and corporate Governance: An Analysis
of Indian Governance System
9. Ministry of Corporate Affairs, Voluntary Guidelines on Corporate Governance, 2009
10. Sanjay Anand, Essentials of Corporate Governance
11. Kevin Keasey, Steve Thompson, Michael Wright, Corporate Governance,
Accountability, Enterprise and International Comparisons
12. The Institute of Directors, Handbook of International Corporate Governance
13. Christine Mallin, International Corporate Governance- A case Study approach
14. Frederick Lipman & Keith Lipman, Corporate Governance Best Practices, Strategies
for Public, Private and NGOs
15. A.C. Fernando, Policies and Practices

Page | 77
IPR AND TECHNOLOGY LAWS: DSC Cluster- 3

• INTELLECTUAL PROPERTY LAW- 1


• INTELLECTUAL PROPERTY LAW- 2
• LAWS OF ECOMMERCE
• CYBER LAW AND LAWS ON TELECOMMUNICATIONS
• LAW OF BIOETHICS AND BIOTECHNOLOGY

Page | 78
INTELLECTUAL PROPERTY LAW- 1

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3404
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.
PART- 1 45 MARKS

(LAWS ON COPYRIGHT AND RELATED RIGHTS)

Module- 1: INTRODUCTION TO COPYRIGHT LAWS


• Meaning & History of copyright
• Philosophical basis of copyright
• Nature and Scope of copyright
• Test of Originality
• Idea- expression dichotomy
• Doctrine of merger
• Works protected under Copyright

Module- 2: ACQUISITION OF COPYRIGHT


• Procedure for registration of copyright
• Moral Rights and related neighbouring rights
• Assignment and licensing of rights
• Different statutory agencies under the Copyright Act and their roles

Module- 3: OWNERSHIP AND TRANSFER


• Concept of authorship and ownership in copyright law
• Concept of recording industry and issues of copyright
• Contractual framework
• Collective administration and protection of rights
• Royalty rights
• Types of rights associated with copyright- Economic rights, Moral rights
• Drafting of agreements to transfer copyright and related rights
• Collecting societies and administration of rights
• Compulsory and statutory licensing
Module- 4: PERFORMER’S RIGHTS BROADCAST REPRODUCTION RIGHTS
• Concept of performer’s rights- justification
Page | 79
• Nature and Scope of protection of performers’ rights
• Rights of personality and identity of established characters
• Bootlegging
• Broadcast reproduction rights

Module- 5: COPYRIGHT ISSUES IN DIGITAL WORLD


• Copyright and software
• DMCA and Copyright Act, 1957
• Circumvention of technological protection
• Issues regarding online file sharing
• Digital Rights management

Module- 6: INFRINGEMENT AND REMEDIES


• Modes Remedies for infringement of copyrighted works
• Fair dealing/ fair use/ permitted use – comparison of US, UK & India
• ISP liability
PART- 2 30 MARKS

DESIGNS

Module- 7: CONCEPT OF DESIGN

• Objectives of design protection, Criteria for protection, Overlapping between copyright


and designs
• Registration & Licensing of Designs
• Grounds of refusal and element of functionality

Module- 8: RIGHTS CONFERRED ON REGISTERED DESIGN

• Rights
• Ownership and Assignment of rights

Module- 9: REGULATORY AUTHORITIES

Module- 10: INFRINGEMENT AND REMEDIES

LIST OF REFERENCES:

Page | 80
1. A.S. Srivastava (ed.) Lai's Commentary on Law of Copyright, 3"1edn. 1999. Delhi
Law House.
2. Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access
and Development, Universal Law Publishing Co. 2009
3. Alan S. Guttcrman & Bentby J. Anderson - Intellectual Property
4. Bibek Dcbroy (ed). - Intellectual Property Rights.
5. Carlos M. Correa (Ed.). Intellectual Property and International Trade Patent
Cooperation Treaty Hand Book (1995) Sweet and Maxwell.
6. Catharine Colstone -Principles of Intellectual Property Law. Cavendish. London.
1999.
7. Christopher Wadlow. The Law of Passing-Off (1998), Sweet and Maxwell
8. Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed.,
2006
9. Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in
Business, 2nd ed.,2001
10. Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th
ed. 2006
11. Nuno Pires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer
Law International 2006
12. V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013
13. W.R. Cornish - Intellectual property Rights. 4medn. Sweet & Maxwell. 1999.
14. Watal, Jayashree, Intellectual Property Rights in the WTO and Developing
Countries, Oxford University Press 2001

Page | 81
INTELLECTUAL PROPERTY LAW- 2

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG3405
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

PART- 1 45 MARKS

LAWS OF PATENTS

Module- 1: PATENT: A CONCEPTUAL FRAMEWORK

Origin & Development of patent

Theoretical foundations of Patent

Concept of invention & its models of protection worldwide

Patentable invention:

 Test of novelty, inventive step and utility;


 patentable inventions under s. 3; Article 27 of the TRIPS Agreement;
 patentability of biotechnological inventions, pharmaceuticals and computer software

Module- 2: PROCEDURE FOR OBTAINING PATENTS AND TRANSFER OF RIGHTS

• Specifications: provisional and complete specification


• Procedure for filing patent application, examination; publication; opposition; grant of
patents
• Restoration, surrender and revocation of Patents
• Transfer of patent rights
• Compulsory licensing
• Patent Co-operation Treaty, TRIPs Agreement

Module- 3: RIGHTS, INFRINGEMENT AND REMEDIES

Rights of Patentee and Assignee

Page | 82
Infringement

 Doctrine of Exhaustion
 Doctrine of essential facilities
 Acts not amounting to infringement including parallel imports
 Theories of claim interpretation

Remedies

TRADEMARK

Module- 4: CONCEPT OF TRADE MARK

• Historical Evolution of trademark protection


• Objectives of protection
• Different types of Marks
• Concept of distinctiveness and consumer deception
• Meaning and definition of trademark
• Functions of trademarks

Module- 5: REGISTRATION & LICENSING OF TM

• Procedure for registration of trademark


• Filing of applications
• International registration under the Madrid system
• Grounds for refusal of registration
• Licensing of Trademark

Module- 6: RIGHTS CONFERRED ON REGISTERED TM

Ownership and assignment of right

Module- 7: INFRINGEMENT AND REMEDIES

• Infringement
• Passing off and its recent trends
• Concept of deceptive similarity; honest and concurrent use
• The concept of dilution
Page | 83
• Remedies for infringement
 Civil
 Criminal
 Administrative

PART- 2 30 MARKS

GEOGRAPHICAL INDICATIONS (GI)

Module- 8: CONCEPT OF GI

• Meaning and definition: Goods protected, Beneficiaries, Prohibited GIs, Homonymous


GIs
• Nature of protection
• Differences among Trade Mark, Collective Mark, GI
• Procedure for registration of GI
• Rights conferred on registered GIs
• Regulatory Authorities

Module- 9: Infringement and remedies

PROTECTION OF TRADITIONAL KNOWLEDGE (TK)

Module- 10: Concept of TK

• Meaning and definition: Subjects protected, Beneficiaries,


• Differences among TRIPs and TK, CBD and TK
• Nature of protection
• Procedure for registration of TK
• Rights conferred on registered TKs
• Regulatory Authorities

Module- 11: Infringement and remedies

LIST OF REFERENCES:

Page | 84
1. A.S. Srivastava (ed.) Lai's Commentary on Law of Copyright, 3"1edn. 1999. Delhi
Law House.
2. Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access
and Development, Universal Law Publishing Co. 2009
3. Alan S. Guttcrman & Bentby J. Anderson - Intellectual Property
4. Bibek Dcbroy (ed). - Intellectual Property Rights.
5. Carlos M. Correa (Ed.). Intellectual Property and International Trade Patent
Cooperation Treaty Hand Book (1995) Sweet and Maxwell.
6. Catharine Colstone -Principles of Intellectual Property Law. Cavendish. London.
1999.
7. Christopher Wadlow. The Law of Passing-Off (1998), Sweet and Maxwell
8. Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2nd ed.,
2006
9. Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in
Business, 2nd ed.,2001
10. Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th
ed. 2006
11. NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer
Law International 2006
12. V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013
13. W.R.Cornish - Intellectual property Rights. 4medn. Sweet & Maxwell. 1999.
14. Watal, Jayashree, Intellectual Property Rights in the WTO and Developing
Countries, Oxford University Press 2001

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LAW OF E- COMMERCE

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4402
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: INTRODUCTION TO E- COMMERCE

• Concept of e- commerce and differences with e- business


• Advantages and disadvantages of e- commerce
• Types of e- commerce
• Medium and Transactions in e- commerce
• UNCITRAL Model Law on e-commerce,
• Information Technology Act, 2000

Module- 2: CONTRACTS IN ELECTRONIC ENVIRONMENT

• E-contracts – concept, offer and acceptance,


• Acceptance of contract: applicability of postal rule
• E-commerce directives and Regulations
• Incorporation of terms
• Identity of contracting parties
• E-contracts: extent of details
• Breach of contract

Module- 3: ELECTRONIC SIGNATURE

• Concept of electronic signature: Provisions under IT Act


• Certifying authorities
• Issuing authorities
• PKI
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• Electronic Signature Certificate
• Grant, Revocation and withdrawal of ESC

Module- 4: PAYMENT ISSUES

• Modes and mechanism of payment in electronic environment


• Fraud Risk and Protection
• Breach of contract
• Charge back agreements
• EDI
• Electronic fund transfer

Module- 5: CONSUMER PROTECTION

• Concept of the rights of consumer


• Problems of protection of consumers in virtual world
• Consumer Protection Act, 1986
• EC Directive on distance selling
• E-commerce Directives and consumer protection

Module- 6: IPR ISSUES IN E- COMMERCE

• Digital copyright, linking, caching


• Digital rights management, DMCA, Patents, Trademarks and domain names
• Brand identities, search engines and secondary market
• ICANN,
• Database Right – Digital Copyrights
• Open Source software
• Software Patents
• Right to forgetting

Module- 7: TAXATION IN E COMMERCE

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• Problem of taxation in virtual world
• OECD guidelines on taxation
• Tax structure on e- commerce in India (Direct, Indirect, and VAT)
• EU, US practice on taxation on electronic commerce

Module- 8: JURISDICTION ISSUES IN E- COMMERCE

• Characteristics of internet jurisdiction


• Theoretical framework to address multiple jurisdictions
• Application of the principles of Private International law
• Hague Convention, EC Regulations (Brussels & Rome)
• Minimum contact test, Effect test, Zippo Test
• Current trends

Module- 9: E- COMMERCE AND COMPETITION ISSUES

• Impacts of e- commerce in traditional market

Module- 10: CLOUD COMPUTING AND E- COMMERCE

• Concept of cloud computing


• Impacts of cloud computing in e- commerce
• Data Protection

LIST OF REFERENCES:
1. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
2. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
3. Schellekens, M. H. M. Electronic Signatures: Authentication Technology from a
Legal Perspective. The Hague: T. M. C. Asser Press, 2004.
4. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London:
LexisNexis Butterworths, 2007.
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CYBER LAWS AND LAWS OF TELECOMMUNICATIONS

Objective of the Course:


Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4403
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Part- 1 45 MARKS

Module- 1: INTRODUCTION TO CYBER LAW

• Concept of digitization
• Differences between analogue and digital content
• Digitization and Society
• Introduction to internet- ACLU v. Reno
• Legal Challenges of the information society- origin of cyberspace

Module- 2: HUMAN RIGHTS AND INFORMATION TECHNOLOGY

• Freedom of speech and expression


 Privacy
 Data protection & processing of personal data
 Cookies regulation
 Interception and monitoring by government
• Defamation
 Concept of digital defamation
 Liability of intermediary
 Digital defamation and user generated content (UGC)
 Social media network
• Censorship- Indecency- Pornography

Module- 3: REGULATION OF DIGITAL ENVIRONMENT

• Cyber libertarianism
• Cyber paternalism

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• Lessig’s model of regulation
• Network communitarianism
• Regulators in cyber space- state and private entities

Module- 4: CRIMES IN CYBER SPACE

• Means/ Types of misuse of computer resources: Identity theft, Grooming and


harassment, Hacking, Viruses, Criminal damage and mail bombing, Denial of service
attack, Obscenity, Child abuse, Stalking, Morphing, Web jacking, Phishing
• Cyber terrorism
• Bandwidth theft
• Cyber warfare
• Conventions on cyber crime

Part- 2 30 MARKS

Module- 5: INTRODUCTION TO TELECOMMUNICATION LAWS


• Evolution of telecommunication policy and laws
• Telecommunication policy in India
• Constitutional aspects of communication laws

Module- 6: REGULATORY ISSUES IN TELECOMMUNICATION


• Communication content- interception, monitoring and recording of communications,
communication privacy, line identification, data protection, content regulation
• Authorisation and licensing
• Access and interconnection
• Cellular and mobile services
• Internet services
• Spectrum management
• Capacity agreements- types
• Contractual issues
• Communication outsourcing- types, service level guarantee
• Issues regarding telecommunication vis a vis IPR and Competition Law

Module- 7: REGULATORY REGIME IN TELECOMMUNICATION


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International
• International telecommunications law
• International network infrastructure
• International Telecommunication Union
• WTO
• Telecommunication Laws in USA, UK and EU
Domestic
• Indian Telegraph Act, 1885
• Indian Wireless Telegraphy Act, 1933
• Telecom regulatory Authority Act, 1997

LIST OF REFERENCES:
1. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H.
Publishing Corporation, 2009.
2. Sharma, Vakul. Information Technology: Law and Practice. 2nded. New Delhi:
Universal Law Publishing Co., 2007.

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LAW OF BIOETHICS AND BIO TECHNOLOGY
Objective of the Course:
Learning Outcome:
Full Marks: 100 End Semester Exam. - 75 Course Code: LAWPG4403
Total Credit= 4 Internal Exam. - 25 No. of Hours of Teaching: 60 Hrs.

Module- 1: Bioethics

The importance of needs of bioethics; Laws and bioethics; Environmental protection;


Bioethical business practices; Creating awareness and safeguarding health of consumers; Fair
trade practices; Benefit sharing

Module- 2: Biotechnology

UPOV- 1 & 2, rDNA Safety Guidelines, 1990, Biotechnology Act, 2016, Role of the Genetic
Engineering Appraisal Committee (GEAC) and the Review Committee on Genetic
Manipulation (RCGM),

Module- 3: Agricultural Biotechnology

Role of Science & Technology in Improving and diversifying food production, IPR and Plant
Varieties, GM Crops; Regulation of Field Trial, The Agricultural Biosecurity Bill, 2013, The
Indian Plant Variety Protection (PVP) Act, 2001.

Module- 4: Cloning

Meaning of Cloning, Regulation of Human Cloning- reproductive cloning, Regulation and


Patentability of Human Cloning and Embryonic Stem Cell Research

Module: 5: Human Genome Project

DNA Technology (Use and Application) Regulation Act, 2018, Importance and need of human
genome project, Clinical Trial, Designer Baby,

Module: 6: National bio-resource protection & development

National Gene Bank, the Biodiversity Act, 2002, the Protection of Plant Variety and Farmers
Right Act, 2001,

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Module: 7: Regulation of Food Processing & Bio-processing Industries

Food – production, regulation, and environmental impact, The Prevention of Food Adulteration
Act, 1954, the Food Safety and Standards Act, 2006, FDA Norms

Module: 8: Biosafety management

Biosafety and Biosecurity Issues in Biotechnology Research; Classification of Natural


Organisms on the Basis of Hazard, Hazardous Substance Management Norms, The Insecticides
Act, 1968, The Pesticides Management Bill, 2008 The Environment (Protection) Act 1986 and
Rules for Manufacture, Use, Import, Export and Storage of Hazardous
Microorganisms/Genetically Engineered Organisms or Cells 1989, WHO Guidelines for
laboratory/facility commissioning; WHO Guidelines for laboratory/facility certification.

Module: 9: Transfer of Technology

LIST OF REFERENCES:
1. Biotechnology and the Law by Hugh B. Wellons, Eileen Smith Ewing
2. Law and Biotechnology: Cases and Materials (Carolina Academic Press Law
Casebook), by Victoria Sutton
3. N. S. Sreenivasulu, Biotechnology and Patent Law: Patenting Living Beings,
Manupatra, 2008
4. David Castle, The Role of Intellectual Property Rights in Biotechnology Innovation
5. Graham Dukes, John Braithwaite, J. P. Moloney, Pharmaceuticals, Corporate Crime
and Public Health
6. Naveen Thayyil, Biotechnology Regulation and GMOs
7. Jakkrit Kuanpoth, Patent Rights in Pharmaceuticals in Developing Countries
8. Eddy D. Ventose, Medical Patent Law – The Challenges of Medical Treatment
9. Curci, Jonathan. The Protection of Biodiversity and Traditional Knowledge in
International Law of Intellectual Property. Rome: Touro International University,
2009.

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