UNIVERSITY OF PETROLEUM & ENERGY STUDIES
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
(ISO 9001:2008 Certified)
B.A.,LL.B. (Hons) Energy Law
(VERSION 3.0)
w.e.f. 2017
______
UPES Campus Tel : + 91-135-2776053/54 “Energy Acres” Fax: + 91-135-2776090 P.O Bidholi via Prem Nagar, Bidholi URL: www.upes.ac.in Dehradun – 248007 (Uttarakhand)
INTELLECTUAL PROPERTY RIGHTS
B.A.,LL.B(Hons) Energy Law w.e.f. 2017
Program Outcomes:
Program Specific Outcomes:
CLNL 1001 General English I L T P C Version 1.0 2 0 0 2 Pre-requisites/Exposure 12th level English Co-requisites --
Course Objectives 1. To provide an overview of the basics of Effective Communication
2. To put in use the basic mechanics of Grammar
3. To underline the nuances of legal communication
4. To impart the correct practices of legal report writing
Course Outcomes On completion of this course, the students will be able to
CO1 get a comprehensive understanding about the whole gamut of Effective Communication CO2 produce grammatically correct sentences and generate innovate mind maps for developing effective paragraphs CO3 gain a basic understanding of legal parlance CO4 develop comprehensive legal reporting techniques
Course Description
Effective communication is an integral part of life. It is a process of exchanging ideas, messages, information etc. through verbal or nonverbal communication. This course focuses on written, oral, verbal and nonverbal attributes of communication. Besides polishing these communicative skills, students are also taught to a variety of writing skills such as Paragraph writing, Precise writing, Petition writing and Opinion writing. Further, this course also provides the students a window into what is Mooting and the best practices of mooting. The course also consists the basics of Report writing skills, which will help the students to create comprehensive reports in an effective and engaging manner. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in peer learning through various group tasks throughout the course.
Course Content
General English-l
1. Unit-I- Effective Communication 4 Sessions 1.1. Communication Origin and Meaning of Communication Goals of Communication Directions of Communication Barriers to Communication Grapevine
2. Unit-II- Grammar Plus/ Writing Skills 6 Sessions 2.1. Grammar Plus: Tenses Passive Voice Conditionals 2.2. Empower your writing skills: Mind Mapping Paragraph Writing Precise Writing Petition Writing Opinion Writing
3. Unit-III- Legal Communication- 7 Sessions 3.1. Legal Axioms 3.2. Mooting 3.3. Legal Counselling and Interviewing 3.4. Interpretation and Analysis of Writings by Renowned Jurists (Cases, Petitions and Judgements) 4. Unit-IV- Legal Report Writing – 7 Sessions 4.1. Legal Report Writing Introduction
Essentials of an Ideal Report Types of Reports Format & Structure (Summer Internship Report) A Short Report Writing & Presentation
Recommended Reading 1. Chaturvedi, P.D. & Chaturvedi, Mukesh. Business Communication. (2006) New Delhi: Dorling Kindersley (India) Pvt. Ltd. 2. Leech , Geoffrey & Svartvik, Jan . A Communicative Grammar of English. Delhi.Pearson Education. 2004 3. O’Connor, J.D..(1980) Better English Pronunciation .Cambridge University Press. 4. Murphy, Raymond. Intermediate English Grammar: Reference& Practice For South Asian Students.(2ed.). New Delhi :Cambridge University Press. 5. Mason, J.A.. English Practice . New Delhi :Oxford University Press 6. Thomson , A.J. & A.V. Martinet. A Practical English Grammar . New Delhi :Oxford University Press. 7. Lesikar, Raymond V & Flatley Marie E. (2005) Basic Business Communication Skills for Empowering The Internet Generation.(10th ed.) New Delhi: Tata McGraw – Hill Publishing Company Ltd.. 8. Murphy, A. Herta; Hildebrandt, W. Herbert; Thomas, P. Jane. (2008)Effective Business Communication (7th, ed.). New Delhi: Tata Mc Graw – Hill Publishing Company Company Ltd.. 9. Mc Carthy, Michael & O’Dell, Felicity. (2005). English Collocations in Use. Cambridge University Press. 10. Gandhi, B.M. Legal Language, Legal Writing and General English. Lucknow : Eastern Book Company. 11. Singh,J.S.. Legal Language, Writing and General English. Allahabad : Law Agency. 12. http://communicationnation.blogspot.com/2005/12/seven-cs-of-communication-design.html 13. Business Correspondence & Report writing - R.C Sharma and Krishna Mohan.
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal Mid term Exam End Term Exam Assessment Weightage (%) 30% 20% 50%
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes Students will be able to get a comprehensive understanding CO1 2,3,6,7,8,9 about the whole gamut of Effective Communication Students will be able to use the right tense at the right time 2,3,6,7,8,9 Students will be able to identify when to use active or passive forms besides grasping various forms of passive structures Students will be able to explain the subtle differences between the conditional sentences and generate meaningful sentences on their own CO2 Students will be able to generate mind maps for various writing processes- developing effective paragraphs-summarizing a given text- will be able to gain hands-on exposure on different forms of writing
Students will be able to gain a basic understanding of legal 2,3,6,7,8,9 CO3 parlance
Students will be able to develop comprehensive reporting 2,3,6,7,8,9 CO4 techniques with respect to legal domain
use use logical, -economic
e solutionse real to social issues social issues arising in strong conceptual
excel in legal world. Students will have knowledge in core areas of law. Students be able will to integrate efficiently functionalthe knowledge of law with specialized domains. Students effectively will apply their learnings evaluateto legal developments and evolve alternativ world legal issues. Students demonstratewill logical ability analyseto problems critically using an in understandingdepth of socio Students possesswill procedural and practical knowledge, and will Students demonstratewill desirable qualities to facilitate sustainable Students developwill sensitivity towards ethical, moral and Students exhibitwill commitment, leadership, networking and teambuilding Students exhibitwill lifelong learning skills essential to Course Course PO5 Code Title PO1 PO2 PO3 PO4 PO6 PO7 PO8 PO9
General CLNL English 2 1011 1 2 2 2 3 3 3 I
1=weakly mapped 2= moderately mapped 3=strongly mapped
CLNL 1002 Digital Devices and its Applications L T P C Version 1.0 1 0 0 1 Pre-requisites/Exposure 12th Grade Co-requisites --
Course Objectives
To understand the various hardware and software components of computer To learn about the basics of internet and its Applications To get knowledge about working with office automation tools Working with Legal Databases and understand its applications
Course Outcomes
After the completion of this course, the students will be able to:
CO1 Understand the components of computer and its usages CO2 Understand how to manage the various software of the computer CO3 Develop knowledge about the basics of internet and its Applications CO4 Work with the various office automation tools CO5 Work with Legal Databases and understand its applications
Catalog Description
The emphasis of this course is hands-on applications of computer software including Windows, database, spreadsheets and word processing. Students will be exposed in-depth to business uses through simulated projects. Students are also introduced to PowerPoint and other business applications. Students will study computer terminology, hardware, and software related to the business environment. The focus of this course is on business productivity software applications and professional behavior in computing, including word processing (as needed), spreadsheets, databases, presentation graphics, and business-oriented utilization of the Internet.
Course Content
It has five modules which are as follows:
MODULE I - GENERAL INTRODUCTION TO COMPUTER APPLICATIONS ( 3 Lectures) Computer Components (Internal & External) Devices (Input, Output, Storage & Communication Devices) Software Types & usage Data & Information (Comparison, Characteristics, Peripheral Devices
MODULE II - OPERATING SYSTEM CONCEPTS ( 3 Lectures)
What is OS? Main Function of an OS, Process Management: Batch Processing, Multiprogramming, Multitasking, Multiprocessing, Time-Sharing Systems
MODULE III - USAGE AND APPLICATION OF MS OFFICE ( 4 Lectures)
MS Word- Word Processing Software Packages; References, Proof-reading and General Formatting Excel, Workbook & Worksheet- Electronic Spreadsheet usage, Using of Formulae, Tabulation, Formatting Power Point Presentation, -Visual Presentation of Information Linking, Designing Charts, Introduction to Power BI MS Outlook
MODULE IV - INTERNET BASICS ( 3 Lectures)
Basic Terminology General Features & Working of Internet IP Addressing (IP Network Types) Accessing & Working on Internet and Cyber Ethics E-Commerce on internet (Technology involved) Cyber Safety Various Applications of IT
MODULE V - INTRODUCTION AND USE OF LEGAL DATABASES AND APPLICATIONS( 3 Lectures)
Manupatra Jstor Hein Online SCC Online LexisNexis Westlaw India
Text Books
S.No. Title Author Publisher
1. Introduction to Computers Peter Norton TMH, Seventh ed.
2. Computer Fundamentals P.K. Sinha, Priti Sinha BPB, Fourth Edition
J. REFERENCE BOOKS
S.No. Title Author Publisher
1. Fundamentals of Computers V. Rajaraman PHI
2. Operating Systems Colin PHI
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
2. Mid-term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar
1. Continuous Assessment: 30% Weightage
Continuous Assessment: (Marks 100) shall be done based on the following four components:
a. Two class tests 20 Marks b. Assignment 20 Marks c. Project work 40 Marks d. Attendance 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the details of each component is as follows:
a) Class Tests: There will be two class tests which may be surprise tests. Tests carry 20% weightage. b) Home Assignment: Assignment must be hand written, to submit/present on a definite date. The assignment is attached with the course plan as Annexure-I. It will have 20% weightage. c) Projects: Weightage 40 %. Each student will be asked to submit a project from the Project List attached as Annexure-II herewith and finally prepare a project. d) Attendance: It has 20% weightage. Formula for award of marks on attendance shall be as under:
67-75 % 0 Marks 76-80% 5 Marks 81-85% 10 Marks
86-90% 15 Marks 91%-100% 20 Marks
2. Mid- Semester Examination: 20% Weightage
Mid- Semester examination shall be of two-hour duration and shall be a combination of objective, short, analytical and problem based questions.
3. End -Semester Examination: 50% Weightage
End-Semester examination shall be of three hours duration. The examination paper shall have objective, short, analytical and problem based questions.
Passing Criterion: minimum 40% of the highest marks in the class
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in the subject (in that class/group class)” individually in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in the paper.
Attendance
Students are required to have minimum attendance of 75% in the subject. Students with less than said percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes CO1 Understand the components of computer and its usages PO1,2,9
CO2 Understand how to manage the various software of the computer PO1,2,3,4 Develop knowledge about the basics of internet and its CO3 PO5,6 Applications CO4 Work with the various office automation tools PO7,8,9 CO5 Work with Legal Databases and understand its applications PO1,2,7,8,9
and evolveevaluate legal developments
-economic and techno-legal dynamics. -economic and sess procedural and practical knowledge, andwill sess analytical and logical, practical procedural knowledge, and use evelop sensitivity towards ethical, moral and social issues arising inmoralissues social thecourse towards sensitivityethical, and of evelop arising exhibit lifelong learning skills essential to excel in legal world.excelexhibit learningtolegal essential skills in lifelong
Students will have strong areascore conceptual inlaw. will have knowledge of Students theknowledgewith integrate specialized to law functional able of efficiently will be Students domains. effectively apply theirlearnings to will Students real tosolutions world issues. legal alternative in tological problems an analyse using critically depth will ability demonstrate Students socioof understanding will pos Students challenges thelegal toof making world. ability with deal decision facilitate sustainable to employment/deployment. will demonstrate desirableStudents qualities will d Students address to professionally. careerslearn them and their teambuilding andlegal exhibit in skills commitment, networking leadership, will Students ecosystem. will Students
Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8 PO9
Digital Devices CLNL1002 and its 2 2 1 1 1 1 1 2 2 Applications
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: CLNL1002 Digital Devices and its Applications
Programme: BA., LL.B.. (All Programmes) Semester: 1 Time: 03 hrs. Max. Marks:100 Section A ( attempt all) Fill in the correct answer. (10 X 1 =10 Marks)
a. Operating system fall into the category of ______software. b. Which of the following devices store instructions that helps the computer start up?(RAM/ROM/CPU) c. A file that the user can open and use is called a ______.(Application/Document/Program) d. Which type of application software is used for creating slideshows? ______1 e. A Computer converts data into ______. [10] CO2,3 f. This type of mouse uses reflected light to measure its movement.(Optical/Laser/Mechanical) g. Resolution is determined by the computers ______.(Video Controller/Monitor/CPU) h. ______may be built directly into a CPU or placed on the motherboard.(RAM/Cache/Flash) i. This lets you fit more data onto a magnetic disk.(Extraction/Defragmentation/Compression) j. The small pictures on the desktop called ______represents links to resources on the PC or network.
Give the acronym for the below words. ( 5 X 2=10 Marks) a. BIOS b. ROM 2 [10] CO3,4 c. CPU d. GUI e. DOS
3 Discuss the four parts of the complete computer system. [10] CO1,2 SECTION B (Attempt all Questions)
Give three examples for each .(5 X 3 =15 Marks)a. Domain 4 Namesb. Primary Memoryc. Operating Systemsd. [15] CO4 Application Softwaree. Peripherals.
Give the difference between them. (3 X 5 = 15 Marks)
5 a. RAM and ROM [10] CO2 b. Data and Information c. System Software and Application Software
SECTION C is Compulsory
Discuss on the various Operating Systems with its Applications 7 and properties. (1 X 20 = 20 Marks) [20] CO2
Categorize the various Legal Databases and explain them in 8 detail. (1 X 20 = 20 Marks) [20] CO5
CLNL1003 Political science –I L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Social science/ 12th Political Science Co-requisites Political theory
Course Objectives 1. Political science helps in analysing historical perspective of development of law, political factors influencing policies culminating into law and intricate relationship between law and social problems. 2. To understand law and public policy in these areas, it is important to know how these institutions work. 3. The course also aims at producing custodians of justice with social sensitivity, integrity and values. 4. It helps in correlating political concepts with jurisprudential or legal theory. 5. The course will focus on the origin and development of major political and legal terms and provide conceptual clarity.
Course Outcomes C1003.1Understand the roots and development political theory
C1003.2Gain a clarity on relation between political and legal concepts. C1003.3Analyse assumptions concerning political systems, state activity, sovereignty, morality, justice, freedom of man, liberty etc. C1003.4Discuss the ideas of rights and duties in the context of relation with the issues that are vital concern today. C1003.5 Give critical analyses of major political and jurisprudential ideas
Catalog Description
The subject political science being closely related to our day to day life, there is numerous ways one can get it more interesting. The daily social life of an individual can be easily correlated with many of the syllabi topics, then the subject can be better understood in a participatory classroom exercises. The comparative method laid down in the course plan can benefit the students to analyze the working of Indian government with their foreign counterparts. The students should have wide general reading and newspaper updates. Further, the advance reading of lesson topics will serve a better background for the class room discussion. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.The following methods can be suitably adopted to accomplish the said task. The tools to be used are Lectures, Examples/ Illustration, Presentation, Parliamentary debate, Group Discussion, Book Reviews, Discussions on current topics( News Papers, Journals and Magazines reading), Snap test and quiz, Case Study.
Course Content
Unit I: 10 lecture hours
Introduction to Political Science A. Origin and evolution of the concept Politics, difference between Politics and Political Science. B. Definitions of Political Science C. Nature, scope and relevance of the subject – Political Theory and Real World D. Different approaches to understand Political Science – Traditional and Modern E. Relation of Political Science with allied disciplines: special reference to Jurisprudence.
Unit II: 10 lecture hours
The State A. Evolution of modern state system and definitions: State and Society through ages B. Main elements of state C. Theories of origin of state D. Individualistic and Socialist approach on state action E. Distinction between state and nation, state and society
Unit III: 8 lecture hours
Sovereignty A. Meaning, Characteristics and kinds of sovereignty
B. Sovereignty and State – national and international sovereignty C. Austin’s theory of Sovereignty D. Pluralist understanding of sovereignty,-Changing dimensions of sovereignty in a new world order. E. Power, Authority and legitimacy in relation with sovereignty
Unit IV: 10 lecture hours
Citizenship, Rights and Duties A. Meaning, nature and scope of citizenship B. Methods of acquiring and losing citizenship C. Rights and duties of citizens and classification of rights D. Theories of rights E. The concept welfare state and global citizenship
Unit V: 10 lecture hours
Liberty, Equality and Justice A. Liberty: Philosophical foundations- Idealism and Individualism B. Theories and dimensions of equality – Socialism and Sarvodaya C. Justice - Different connotations and implications, development of theories on Justice - Plato, Rawls and Amrtya Sen D. Political obligation - Meaning, nature and scope of Political Obligation – theories associated with Political Obligation
Text Books
1. Amal Ray & Mohit Bhattacharya, Political Theory: Ideas & Institutions,The World Press Pvt. Ltd., Kolkata 2. A.Appadurai, The Substance of Politics, Oxford University Press, New Delhi, 2000. 3. O. P. Gauba, An Introduction to Political Theory, MacMillan, New Delhi, 2009. 4. A.C. Kapoor, Principles of Political Science, S. Chand & Co., New Del.hi, 2008.
Reference Books
1. Andrew Heywood, Politics, Palgrave Foundation, New York, 2005. 2. F. Thakurdas, Essays on Political Theory, New Delhi, Gitanjali, 1982. 3. G. Catlin, A Study of the Principles of Politics, London and New York, Oxford University Press, 1930. 4. H. J. Laski, A Grammar of Politics, London, Allen and Unwin, 1948. 5. J.C. Johari, Principle of Modern Political Science, Sterling, Delhi, 2009 6. Margaret Walters, Feminism: A Very Short Introduction, Oxford, 2008 7. O.P. Guba, An Introduction to Political Theory 8. Political Theory And Thought, Mayur Paperback, Delhi, 2008 9. R. Dahl, Modern Political Analysis, Englewood Cliffs NJ, Prentice Hall, 1963. 10. Rajeev bhargava & Ashok Acharaya, Political theory: An Introduction, Pearson Longman, Delhi, 2008. 11. S. P. Varma, Modern Political Theory, New Delhi, Vikas, 1983. 12. Sir E. Barker, Principles of Social and Political Theory, Calcutta, Oxford University Press,1976. 13. S. Ramaswamy, Political Theory: Ideas and Concepts, Delhi, Macmillan, 2002.
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Exam Examination Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage Test I -10 Report / Test II-10 Viva /PPT
Energy Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1003.1 3 2 3 3 2 3 2 3 3 2 C1003.2 3 2 3 3 3 3 3 2 2 2 C1003.3 3 2 3 3 3 2 3 3 3 2 C1003.4 3 2 3 3 3 2 3 3 3 2 C1003.5 3 2 3 3 3 2 3 2 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Criminal Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1003.1 3 2 3 3 2 3 2 3 3 2 C1003.2 3 2 3 3 3 3 3 2 2 2 C1003.3 3 2 3 3 3 2 3 3 3 2 C1003.4 3 2 3 3 3 2 3 3 3 2 C1003.5 3 2 3 3 3 2 3 2 2 2
Labor Laws
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1003.1 3 2 3 3 2 3 2 3 3 2 C1003.2 3 2 3 3 3 3 3 2 2 2 C1003.3 3 2 3 3 3 2 3 3 3 2 C1003.4 3 2 3 3 3 2 3 3 3 2 C1003.5 3 2 3 3 3 2 3 2 2 2
Model Question Paper
Name:
Enrolment No: Course: CLNL1003- Political Science-I Programme: B.A LL.B. (Hons.) energy/criminal/labor laws Semester: I Time: 03 hrs. Max. Marks:100 Instructions: Attempt all questions from Section A (each carrying 02 mark); any Four Questions from Section B (each carrying 05 marks), any Two Questions from Section C (each carrying 10 marks), Section D as mentioned. SECTION A (Answer all questions)
1. Who held the view that the “State comes into existence for the sake of life and it C1003. [02] continues for the sake of good life”? 3 2. Conception of negative liberty emphasizes on: C1003. [02] 3 3. Who said, “History without political science has no fruit: Political science without C1003. history has not root”? [02] 1
4. The idea of sovereignty of general will is propagated by______C1003. [02] 1
5. Right to Form Association is a— C1003. [02] (A) Civil Right (B) Legal Right (C) Political Right (D) Natural Right 3 SECTION B (Write short notes on any 04 questions ) 6. Reflect the contributions of Austin theory of sovereignty. C1003. [05] 1 7. Discuss the sovereign status in the social contract theory of Hobbs, Locke and [05] C1003. Rouessue? 3
8. Elucidate the Greek state contribution to the modern state. [05] C1003. 3 9. How the inter-disciplinary approach is the element of modern political science. [05] C1003. 1
10. Discuss Individualism and Idealism in concern to liberty. [05] C1003. 1
SECTION C (Attempt any 02 questions) 11 Explain the important conceptions on liberty, distinguish positive & negative [10] C1003. liberty. Discuss the relation between liberty and equality. Can you conceptualize the 3 model of a society where these two principles would converge?
12 A sovereign state is a state with borders where people live, and where a government [10] C1003. makes laws and talks to other sovereign states. Explain its absoluteness, 5 indivisibility, replaceable trait. Discuss.
13 ‘Political science has been studied from different standpoints’, grounded on this [10] C1003. statement, discuss the traditional and modern approaches to understand and explain the 3 political issues. SECTION D
14 The traditional approaches to Political Science was widely prevalent till the outbreak of the [15] C1003. Second World War. These approaches were mainly related to the traditional view of politics 2 which emphasized the study of the state and government. Therefore, traditional approaches are primarily concerned with the study of the organization and activities of the state and principles and the ideas which underlie political organizations and activities. These approaches were normative and idealistic. The political thinkers advocating these approaches, therefore, raised questions like ‘what should be an ideal state?’ According to them the study of Political Science should be confined to the formal structures of the government, laws, rules and regulations. Thus, the advocates of the traditional approaches emphasize various norms - what ‘ought to be’ or ‘should be’ rather than ‘what is’. Critically analyze of the above paragraph Philosophical Approach: This approach is regarded as the oldest approach to the study of Political 15. Science. The emergence of this approach can be traced back to the times of the Greek [15] C1003. philosophers like Plato and Aristotle. Leo Strauss was one of the main advocates of the 1 philosophical approach. He believes that “the philosophy is the quest for wisdom and political philosophy is the attempt truly to know about the nature of political things and the right or good political order.” This approach firmly believes that the values cannot be separated from the study of politics. Therefore, its main concern is to judge what is good or bad in any political society. It is mainly an ethical and normative study of politics and, thus, idealistic. It deals with the problems of the nature and functions of the state, citizenship, rights and duties etc. The advocates of this approach firmly believe that political philosophy is closely linked with the political ideologies. Therefore, they are of the opinion that a political scientist must have the knowledge of good life and good society. Political philosophy helps in setting up of a good political order.
How it is different from Institutional perspective.
An important consideration of Behaviouralism has been the study of political behavior, as an area 16. of study within Political Science. Its focus is on the individual as voter, leader, revolutionary, [20] C1003. party member, etc., and the influences of the of the group or the political system on the 1, individual’s political behavior. C1003. In respect to above paragraph examine the approach and relevance in todays context. 3
CLCC 1002 Contract Law I L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure English language, General understanding of law Co-requisites Specific Relief Act
Course Objectives:
1. To acquaint students with the evolution of Law of Contract as well as study the jurisprudence and theories of contract in order to understand the various approaches to the word ‘contract’. 2. To familiarize the students with the conceptual and operational parameters of the general principles of the Law of Contract. 3. To comparatively analyse the Indian Law of Contract with the English Law in order to identify the point of similarity as well as the divergence between the two jurisdictions. 4. To enable students aware of the various aspects of the contracts including the rights and liabilities of contractual parties, keeping the approach both and critical in nature. 5. To enable the students to apply the principles of contract in modern day commerce and be able to analyze a contract agreement when they go for internships, etc
Course Outcomes:
On completion of this course, the students will be able to:
C1002.1 Trace the evolution of the law of contract as well as to study the jurisprudence and theories of contact in order to understand the various approaches to the word ‘contract’.
C1002.2 Familiarize with the conceptual and operational parameters of the General Principles of Law of Contract.
C1002.3 Comparatively analyze the Indian Law of Contract and the English Law in order to identify the point of similarity as well as the divergence between the two jurisdictions.
C1002.4 Become aware of the multilateral aspects of Contracts determining the rights and liabilities of contractual parties, keeping the approach both theoretical and critical in nature.
C1002.5 Understand the application of principles of contract in modern day commerce and be able to analyze a contract agreement when they go for internships, etc.
C1002.6 Have the knowledge and modus operandi (method of operating) useful for the Indian law practitioners since a number of students may join practice.
C1002.7 Acquire the skills to provide remedies given under law in case of breach of Contract.
Catalog Description
Law of contract I deals with the general principles of the Law of Contract. Contract law is primarily concerned with supporting institutions of exchange, which is an enormous part of our life carried on the basis of that are in some sense termed as agreement. Contract law has many purposes but the central one is to support and control the millions of agreements that collectively make up the market economy, and hence operates in the context of dispute resolution mechanism. Besides it empowers the parties to make agreements that the law will enforce. It also enables parties to the contract to make exchanges that might otherwise carry too great risk whether of disruption by some contingencies or default by the other party. Accordingly, contract law in this respect is the most important which creates smooth functioning of business transaction by creating certainty, predictability, and enforceability. In this background, for teaching the subject, Indian Contact Act, 1872 and Specific Relief Act 1963 will be studied exhaustively along with English Contract Law. Lecture, reflection, discussion and presentation method would be used focusing on two types of materials, i.e. bare acts and case-laws. Students will be encouraged to actively take part in all group activities and will be encouraged to give oral presentations. Continuous assessment would also be done aiming on clear understating of the legal provisions and their application through case- laws. This subject is an integral part of the Program i.e. B.A. LL.B. (Energy Laws), as it acquaints the students with Contract law in India, while appraising them with fundamental principles of contract law in India vis-a vis English law. Especially for the students aiming at corporate sector, the knowledge of this law becomes inevitable.
Course Content
Unit I: 5 lecture hours Introduction to the Law of Contract Development of Law of Contract in Changing Society Contract: Meaning & nature Agreements: Meaning and types of agreements Classification of Contracts
Unit II: 10 lecture hours Intention to create legal relationship Limitations: Limitation on Freedom Of Contract Offer acceptance and revocation Offer : Kinds of offer: cross offer, specific and general offer, standing and continuing offer, express and implied offer. Offer and invitation to offer Acceptance: Communication: Communication of offer and acceptance Modes of Communication; Communication when complete Lapse of offer Revocation of acceptance
Unit III: 3 lecture hours Consideration: Meaning and need of consideration Privity of Contract and Estoppel Exception to consideration
Unit IV: 3 lecture hours Capacity to Contract: Legal Disability to enter into Contract Minors: Nature and effects of agreement, Doctrine of restitution, Compensation by minor Persons of Unsound mind; Lunatics Nature and Effects of an Agreement with a Person under Legal Disability
Unit V: 6 lecture hours Enforcement of Contract Free Consent o Coercion o Undue Influence o Fraud o Misrepresentation o Mistake
Unit VI: 4 lecture hours Limitation Agreements and unlawful consideration in part and objects Agreements without Consideration Agreement in Restraint of Marriage Agreement in Restraint of Trade Agreement in Restraint of Legal Proceedings Wagering agreement: Its exception, gambling, market game rule. Illegal Agreements
Unit VII: 8 lecture hours Discharge of contract and the Doctrine of Novation Discharge by performance Contingent: Contracts: Definition Enforcement on event happening – on an Event not happening When contingent contracts are void – impossible contingency Discharge by Operation of Law: Specific performance Equitable remedy through Injunction- temporary and permanent Specific performance of contract -Contract that can be specifically enforced Persons against whom specific enforcement can be ordered Rules of performance Supervening and Subsequent impossibility Dctrine of frustration Discharge by Agreement-
Unit VIII: 5 lecture hours Breach of contract and remedies: meaning, Kinds of breach - Actual and anticipatory breach, constructive breach, Law of limitation and breach, Consequences of breach of contract Remedies: sections 73, 74, 75, damages;
Measure of damages, Remoteness of damages, duty to mitigate damage Special power of Indian judiciary to award fair and just damages and not liquidated, Penalty and Un-Liquidated Damages
Unit IX: 4 lecture hours Quasi Contracts: Meaning & nature, Theory of Unjust Enrichment- Formation of electronic contracts Recognition and validity of electronic contracts- legislative landscape. Government Contracting: Formation and Constitutional provision vis-a-vis government contracts (U/A-299 of Constitution of Indian Specific Relief Act: Introduction: Recovery of immovable property
Text Books Anson, Law of Contract, 28th Ed., Oxford University Press, 2002. Chesire , Fifoot & Furmston’s Law of Contract, 15th Ed. , Oxford University Press, 2007 Mulla, Indian Contract Act and Specific Relief Acts, 13th Ed., Lexis Nexis, 2006. Avtar Singh, Law of Contract, , 11th Ed., Eastern, Lucknow, 2013
REFERENCE MATERIAL Poole, Jill, Textbook on contract law,1st Indian edition, Oxford University Press, 2002 Stone, Richard, The modern law of contract, 6th Ed. Cavendish publishing, 2005 Markanda, P.C., The law of contract, 1st Ed., Wadhwa & company, 2006 Singh, R.K., Law relating to Electronic Contracts, Lexis Nexis, 2014 Bhat, Sairam, Law of Business Contracts in India, Saga Publications, 2009
ARTICLES Cohen, Morris R., The Basis of Contract, Harvard Law Review, Vol. 46, No. 4 (Feb., 1933), pp. 553-592 Fuller, Lon L., Consideration and Form, Columbia Law Review , Vol. 41, No. 5 (May, 1941), pp. 799-824 Scott, Kenneth E., The Evolving Roles of Contract Law: Comment, Journal of Institutional and Theoretical Economics (JITE) / Zeitschrift für die gesamte Staatswissenschaft, Vol. 152, No. 1, The New Institutional Economics Transformations in the Institutional Structure of Production (March 1996), pp. 55-58. Kronman, Anthony T., Mistake, Disclosure, Information, and the Law of Contracts, The Journal of Legal Studies, Vol. 7, No. 1 (Jan., 1978), pp. 1-34. Gardner, George K., An Inquiry into the Principles of the Law of Contracts, Harvard Law Review, Vol. 46, No. 1 (Nov., 1932), pp. 1-43. Friedmann, W., Changing Functions of Contract in the Common Law, The University of Toronto Law Journal, Vol. 9, No. 1 (1951), pp. 15-41.
Modes of Evaluation: Class Test/ Case-Law Presentation/ Project/ Viva-Voce/Attendance/ Written Examination Examination Scheme:
Components MSE Class Test/ Case-Law Presentation/ ESE Project/ Viva-Voce/ Attendance Weightage (%) 20 30 50
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise
Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 C1002.1 3 3 3 - 3 2 3 3 3 C1002.2 3 3 3 1 3 1 3 2 2 C1002.3 3 3 3 2 3 2 3 3 3 C1002.4 3 3 3 - 3 2 3 3 3 C1002.5 3 3 3 - 3 2 3 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped Model Question Paper
Name: Enrolment No:
Course: LLBL101: Contract Law I
Programme: B.A. LL.B Energy Laws, Semester I Semester: I Time: 03 hrs. Max. Marks: 100
Instructions: Attempt all questions from Section A (each carrying 02 marks); all questions from Section B (each carrying 05 marks), All Questions from Section C (20 marks), Section D is mandatory (50 marks). Section A (Attempt all questions) Total 10 marks = 02*05 1. Define Consideration C .1 [2] 101
2. Define Voidable Contracts [2] C101.1
3. Define Fraud [2] C101.1
4. Who is competent to enter into a contract? C101.1 [2]
5. ‘Knowledge of the terms of the offer is essential for acceptance’ was decided in which C101.1 landmark judgment? [2]
SECTION B (Attempt all questions) Total 20 marks = 05*04 Write short notes on the following: 6. Explain the Doctrine of restitution. [5] C101.1, C101.2
7. How does revocation of a proposal take place under Section 6, Indian Contract Act, 1872? C101.1, [5] C101.2
8. Explain the concept of ‘intention to create a legal relationship’ in case of family matters. C101.1, [5] C101.2
9. What converts an agreement into a contract under Section 10? C101.1, [5] C101.2
SECTION C (Attempt all questions) Total 20 marks 10. 1. 18th July: Ram posts offer letter to Mohan. [10] C101.2 20th July: Mohan receives offer at noon. C101.4, 21st July, Morning: Mohan posts letter of acceptance. C101.5 21st July, Evening: Mohan changes his mind and calls Ram on the telephone rejects the offer, telling him that he is no more interested. 24th July: Ram receives letter of acceptance.
a) Who is the promisor and promise in the following contract? b) When is the communication of offer complete? Discuss with relevant case law. c) When is the communication of acceptance complete 1. As against the offeror 2. As against himself d) What is the consequence of the communication made by the Mohan?
11. A offered to purchase a house owned by B for Rs. 60,000. He wrote to B asking whether [10] C101.2 his offer of Rs. 60,000 was accepted and further saying that he was prepared to pay a higher C101.4, price if found reasonable replied: : “Won’t accept anything below Rs. 80,000”. A accepted C101.5, this and brought a suit for performance of the contract. B raised the defence that there was
no concluded contract. Decide.
SECTION D (Attempt all questions) Total 50 marks 12. Rita invited Mohan to a dinner at her house on Sunday. Mohan hires taxi and reaches Rita’s [10] C101.2 house at appointed time, but Rita failed to perform her promise. Mohan felt insulted and C101.4, filed suit for recovery of the amount Rs 500 which he spend on hiring taxi. Decide. C101.5,
13. Mrs A wants to construct an animal shelter in her locality. She purchases a piece of land for this [10] C101.2 purpose. Mrs. A, thereafter, approaches the public to make donations for this noble cause. Sixty C101.4, persons agreed to donate Rs 5,000 each. Later on, however, when construction of building started C101.5, few refused to make payments as promised by them. Can Mrs. A enforce this payment through court of law. What would be your answer if 30 people made payments yet on construction started and A sue the remaining 30 for non –payment. 14. Raju, a boy of 15 years of age in order to buy a second hand motor bike from a mechanic [15] C101.2 misrepresents himself as a major and later on refuses to pay the cost of the same saying that C101.4, the contract is void him being a minor. the mechanic approaches the court for relief. Decide C101.5, the present case keeping in mind the land mark decisions of the Lahore High Court and
Allahabad High court and the current position. 15. A landlord executed a gift of certain lands in favor of his son B, with a direction that he [15] C101.2 should pay to his uncle C annuity of Rs. 8,000 for a period of three years. On the same day C101.4, B also executed a separate undertaking in favour of C agreeing to pay annuity. B C101.5, subsequently refused to keep the promise. C sued B to recover the amount due under the
agreement. Explain the concept of Privity of contract and Privity of consideration and decide the abovementioned matter with reasons
LLBG 241 Law of Torts & Consumer Protection Act L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure 12th level English and primary research skills Co-requisites
Course Objectives 1. To elucidate and familiarize the students with the nature and extent of liability of the private enterprises, multinationals and the government authorities for the civil wrongs committed against the individual and identify the remedies available. 2. To develop sound knowledge, skills and disposition on some of the contemporary issues of Specific Torts, Cyber Tort, Family Tort, and Economic Tort, Product Liability, Motor Vehicles Act, Consumer Protection Act etc.
Course Outcomes On completion of this course, the students will be able to
C241.1 The students will have strong and clear conceptual knowledge of Law of Torts and Consumer Protection Act.
C241.2. The students will be able to explain the fundamentals and elements of Law of Torts and Consumer Protection Act.
C241.3. The students will be able to explain the operation and application of Law of Torts and Consumer Protection Act with contemporary scenario.
C241.4. The students will be able to research and analyze issues related to Law of Torts and Consumer Protection Act.
C241.5. The students will be able to demonstrate effective verbal and written skills in the construction of legal arguments.
Catalog Description The law of Torts concerns the principles governing redress of injuries resulting from intentional and unintentional wrongs against persons or their property. There is no comprehensive or exhaustive definition of ‘torts’. Any definition that attempts to cover everything that amounts to a tort is likely to also cover things not usually treated as torts at all. Commentators, teachers and judges in this area nonetheless provide good working definitions of ‘torts’. At its broadest, a tort is described as a "wrong" committed by one person (the ‘defendant’) against another person (‘the plaintiff’). In essence the law of torts provides that the plaintiff who suffers injury or loss because of that wrong is entitled to a remedy from the defendant. The remedy is usually in the form of monetary compensation (damages) designed to put the plaintiff in the position they would have been in if the defendant had not committed the wrong. The proper role and place of the law of torts and its relationship with other areas of the law such as crime and contract is conceptually both difficult and controversial. Interactive approach during the study. Students are supposed to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce, randomly any student can be called on the board to solve the problems. Work in small groups for Group Projects and personalized teaching. Student counseling, mentoring and individual/group projects/ assignments, exercises using Solver and excel etc.
Course Content
Unit I: 20 lecture hours GENERAL PRINCIPLES
MODULE 1: DEFINITION, ORIGIN, NATURE, CHARACTERISTICS, ESSENTIALS, AND FUNCTIONS OF THE LAW OF TORT – a. Definition, nature and evolution of the law of torts. b. Difference- “Law of Tort” or “Law of Torts.” Tort & Crime, Tort & Contract c. Basis of the tortuous liability; Basic legal maxims for Determination of liability; viz Ubi jus Ibi remedium, Injuria Sine Damnum and Damnum Sine Injuria MODULE 2: REMEDIES IN TORT a. Remedies – extra judicial remedies, judicial remedies- damages, injunction , restitution, writs b. Remoteness of Damage- Various principles for fixing the liability and to ascertain the damages for the wrong committed viz “But for Test”, “Directness Test” and the “Doctrine of Reasonable foresight”. MODULE 3: CAPACITY AND LIABILITIES IN TORT a. Unborn child, minor, parent, husband, wife, insolvent, lunatic, state b. Joint and several tort feasors c. Tortious liability- state liability, vicarious liability, strict liability & exceptions, absolute liability- liability for injury caused by animals- liability for defective products- occupiers’ liability MODULE 4: DEFENCES IN TORT a. Volenti non fit injuria, Vis Major (Act of God), Inevitable Accident, Necessity b. Statutory Authority, Judicial and Quasi Judicial, Parental and Quasi- Parental c. Authorities. Act of Third Parties, Plaintiff’s Default, Mistake
Unit II: 26 lecture hours SPECIFIC TORTS MODULE 5: TORTS AFFECTING PERSON a. Assault and battery – definition – ingredients- defences b. False imprisonment c. Nervous shock MODULE 6: TORTS AFFECTING PROPERTY a. Trespass to immovable property, movable property MODULE 7: TORTS AFFECTING REPUTATION a. Defamation – libel & slander b. Malicious prosecution MODULE 8: TORTS AFFECTING PERSON OR PROPERTY a. Nuisance b. Negligence c. Deceit d. Conspiracy Unit III: 2 lecture hours Consumer protection and emerging torts
Text Books 1. Pillai P.S.A., Law of Tort, 9th ed., EBC, 2008 Reference Books 1. Wienfield And Jolowicz, Torts, 18th South Asian Edition, Sweet & Maxwell 2010 2. Iyer, Ramaswamy; The Law Of Torts; 10th Ed., Lexis Nexis, 2007 3. Gupta, Apar, Commentary on Information Technology Act, 2nd Ed. Lexis Nexis, 2011
4. Tabrez Ahmad “Cyber Law, E-Commerce & M-Commerce”. APH Pub. Corp. New Delhi 2003. 5. Taxmann’s, Consumer Protection Law Manual With Practical Manual, 2008 Taxmann Publication.
WEB SOURCES www.ssrn.com www.jastor.com www.manupatra.com www.scconline.com
Database: AIR Databases (Supreme Court/High Court/Criminal law Journal) (1950 to 2012). LexisNexis India Online Services West Law India. Taxman Database. SCC Online
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components MSE Internal ESE Weightage (%) 20 30 50
Internal Assessment: 100 Marks (shall be done based on the following five components):
Description Weightage
1. Continuous Assessment 30%
Continuous Assessment: (Marks 100) shall be done based on the following five components:
a. Two class tests 20 Marks b. Assignment / Reaction Paper 20 Marks c. Project work 20 Marks (Abstract, Synopsis, final Draft, Presentation) d. Subject grand viva 20 Marks e. Attendance 20 Marks
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C241.1 2 3 3 - 3 2 3 3 3 3 C241.2 3 3 3 - 3 - - 3 2 3 C241.3 3 3 3 - 3 - 3 3 3 3 C241.4 2 3 3 2 3 - 3 3 3 3 C241.5 3 3 3 3 3 3 2 2 2 3
1=weakly mapped 2= moderately mapped 3=strongly mapped Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination, December 2017
Program: BALLB (Hons) Energy Law. Semester – I
Subject (Course): Law of Torts & Consumer Protection Act Max. Marks : 100 Course Code :LLBG241 Duration : 3 Hrs No. of page/s: 4
Instructions: All Questions are Compulsory.
Section A
1. a. Delhi Judicial Service Association Vs State of Gujarat, (1991) 4 SCC 406,is case related to ...... b. Causing death by negligence is an offence under Sec...... Indian Penal Code, 1860. c. Who is consumer under consumer protection Act? d. What things a plaintiff should prove in case of malicious prosecution? e. Sec 146 of Motor Vehicle Act, 1988 deals with ...... [10*1= C241.1 f. ‘Close connection test’ is related with ...... 10] C241.2 g. The battery must always be the direct result of the defendant’s intentional act. (true/false) h. Any commission established under consumer protection Act shall not admit a complaint unless it is filed within two year from the date of ...... i. Winfield has defined negligence as ...... j. ‘Permanent disablement’ as defined under Motor Vehicle Act, 1988 includes ………………….
SECTION B 2. The plaintiff, who was in advanced state of pregnancy, was standing behind her husband’s public
bar. The defendant’s servant negligently drove a horse van into the bar, in result of which she got [4] C241.2 a severe shock and delivered child who became dull headed. She sued master and servant for the tort of negligence. Decide
3. A sold a stolen car to B. B wanted to sue A for defect in the title of the car. Here B cannot sue A
under the Consumer Protection Act as the defect in title of goods. Will he succeed? Decide. (4 [4] C241.2 marks)
4. Differentiate between unfair trade practice and restrictive trade practice. C241.1 [4] C241.3
5. Write a short note on following:
a. contributory negligence [2*4=8] C241.1 b. Write a short note on ‘environmental tort’
SECTION C 6. What do you understand by malicious prosecution? What is required to be proved by the plaintiff [10] C241.1 in an action for malicious prosecution? (10 marks) C241.2
7. Write an analysis of the judgement given by Supreme Court in Dr. Kunal Shah Vs AMRI [10] C241.2 Hospital and others. SECTION D
8. Camilla is a specialist surgeon employed by a public hospital ('the Hospital'). She examined one [15] C241.2 of the Hospital's patients, Rubin, and recommended a diagnostic operation to ascertain whether C241.4 Rubin had a malignant growth affecting his prostate gland. Camilla did not inform Rubin before C241.3 the operation that there was a small statistical possibility (about 5 per cent) that the operation, although skilfully performed, would cause permanent sterility. The diagnostic operation was performed skillfully by Camilla at the Hospital, after Rubin had given his consent, and it was ascertained that Rubin did not have a malignant growth. However, as a result of the operation Rubin became permanently sterile. Advise Rubin of the principles of tort law relevant to any claim he may wish to bring against the Hospital.
10 “Negligence is the omission to do something which a reasonable man, guided upon those [20] C241.1 considerations which ordinarily regulate the conduct of human affairs, would do, or doing C241.2 something which a prudent and reasonable man would not do”.
With help of above given statement, define the duty of care of doctor towards its patients. 11 You buy a television from M/s C & P Co. in December 2014. Within a warranty period of 1 [15] C241.2 year your television stops functioning. M/s C & P Co Fails to rectify the defect. The manufacturer M/s K Ltd. was also unable to rectify the defect in the television. Frustrated, you finally approach the District Forum.
Draft a consumer complaint.
CLCC 1001 Legal Method & Legal Reasoning L T P C Version 1.0 3 0 0 3 Pre-requisites/Exposure Higher Secondary Examinations Co-requisites --
Course Objectives
The objectives of this course are as under:
1. To understand the meaning of Law generally (in the context of its diverse origins and conceptualizations) as well as within the context of a Legal System
2. To understand the meaning of Legal System and learn about the various types of Legal ` learn the basics of the Indian Legal System
3. To orient towards the study of various courses of Law to follow in due course of the Law Program
Course Outcomes On completion of this course, the students will be able to
C1001.1: Understanding the meaning and fundamentals of Law in light of different Schools of thoughts.
C1001.2: Understanding the characteristics peculiarities and functioning of the Indian Legal Systems and other prominent legal systems.
C1001.3: Understanding the different sources of law and its importance in present legal system.
C1001.4: To comprehend and apply different types and methodologies of research in law and interdisciplinary sciences with application of Citation
.
Catalog Description
Legal Method and Legal Reasoning determines the theoretical basis of law. It helps to determine the diverse origins and to understand the many inter and cross linkages law with several disciplines .The subject provides a basic understanding of Research and Research Methodology Lecture / Presentation on various topics would be made using PPTs, multi-media and interactive modes wherever suitable. Students are expected to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce in order to make the sessions more meaningful. Students are also expected to ask questions, engage in discussion and answer questions based on readings and prior classroom discussions; PPT; Multimedia ;Lecture; Case Studies ;Chalk and talk; Random Questioning; Reflections
Course Content
Unit I : Introduction to Law and Legal System 15 lectures Meaning and definition of law, Law and its relation with ethics, religion and morality, Categorization of law: Substantive & Procedural laws, Civil law & Criminal law Schools of law- Positivist -Austin, Kelsen , Natural Hart; Historical-Savigny, Sociological-Roscoe Pound Legal systems- Common, Civil, Adversarial, Inquisitoria l Indian Legal System- Salient Features of Constitution, Hierarchy of courts, Specialized legal bodies and regulatory bodies
UNIT II : Sources of Law 6 lectures Custom, Legislation, Precedent
UNIT III : Legal Reasoning and Legal Research Methodology 12 lectures
Meaning of Legal Research & Methods, Inductive Methods: General to Particular, Deductive Methods: Particular to General, Types of Legal Research, : Doctrinal Research, & Empirical Research ,Steps involved in doing Legal Research, Doctrinal Research Methods: legal and non-legal materials, primary and secondary sources Tools to find legal materials: Law Library & Online Data Base, Case comment, Case analysis Citation –ILI, OCOLA, Blue Book
MODULE 4: Social Research Techniques applied in Legal Science Research: Non Doctrinal or Empirical Approach 15 lectures
Empirical Research Methods: Observation, Interview, Questionnaire, survey, Case Study
Design of samples & Types of sampling
TEXTBOOKS: Williams, Glanville, Learning the Law – 11th ed. – New Delhi Universal Law 2007
REFERENCE BOOKS Bodenheimer, Edgar, Jurisprudence, The Philosophy and Method of the Law – Revised ed. – New Delhi Universal Law 2006 Fitzgerald,P.J., Salmond on Jurisprudence – 12th ed. – New Delhi Universal Law 2008 Tripathi, GP, Legal Method – 1st ed. – Central Law Publications 2014 Minattur, Joseph, Indian Legal System – 2nd ed. – New Delhi ILI Publications 2006 Derrett, J.D.M., An Introduction to Legal Systems - Cardozo, Benjamin, Judicial Process – New Delhi Universal Law 2012 Sarathi, V.P., Legal Fictions – 2nd ed. – Lucknow Eastern Books Co. 2012 Verma, S.K. and Wani, M. A., Legal Research and Methodology – New Delhi ILI Publications 2006 Ahuja, Ram, Research Methods – 1st ed. – Rawat Publications 2001
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Examination Exam
Weightage (%) 30% 20% 50%
Internal Examination Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Court Grand Viva Marks Test Comment Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1001.1 3 3 3 - 3 2 3 3 3 - C1001.2 3 3 3 1 3 1 3 2 2 - C1001.3 3 3 3 2 3 2 3 3 3 - C1001.4 3 3 3 - 3 2 3 3 3 -
Model Question Paper
Name:
Enrolment No:
Course: Legal Method and Legal Reasoning Programme: Semester: Time: 03 hrs. Max. Marks:100
Instructions: Attempt all questions from Section A (each carrying 2.5 marks); any Two Questions from Section B (each carrying 10 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory.
Section A 1. (Attempt all questions. Each questions carry equal marks)
General Question- subject matter
Write short notes on any four of the following:
1. Need for Order and Justice in human society
2. Natural Law Theory 2.5x4 CO1
3. Positive School of Law
4. Importance of Procedural Law
5. Decision Per incuriam
SECTION B (Attempt both questions ) 2. Explain the hierarchy of Courts of Law in India. [10] CO2
3. Explain the meaning of Doctrinal Research and Non-doctrinal research [10] CO2
SECTION C (Attempt both questions) 5. What is Precedent? What is ratio decidendi and what is distinguishing? Explain with a comment on their [10] CO3 importance
6. Explain the nature and role of Fundamental Rights under Indian Constitution [10] CO3
SECTION D
8. Attempt all questions. All questions carry equal marks) [50] CO4 - Application Based Question
Re arrange each of the following information in any two standard modes of citation: 6. Author: J A C Thomas
Article/Paper: Roman Law Editor: J D M Derrett Title of the book: An Introduction to Legal Systems Publisher: Universal Law Publishing Co. Pvt. Ltd., Delhi-110033 Second Indian Reprint 2009 At Pages: 1-27 7. Article/Paper: Adversarial Systems
Editor: Herbert M. Kritzer Title of the publication: Legal Systems of the World Sub-title of the publication: A political and social encyclopedia Volume I: A-D Publisher: Pentagon Press, New Delhi-110016 (India) © 2005 Herbert M. Kritzer At Pages: 6-9 8. Article: Not Bharat Versus India
Author/Writer: Dipankar Gupta News Paper: The Times of India, New Delhi Date: Saturday, September 14, 2013 At Page: 12
9. Author: B M Gandhi
Title of the Book: Legal Language, Legal writing and General English Publisher: Eastern Book Company, Lucknow First Edition, 2009 At pages: 166-167. 10. Author: W. Friedman
Title of the Book: Legal Theory Publisher: Universal Law Publishing Co. Pvt. Ltd., Delhi-110033 At Pages: 312-320
LLBG 104 Fundamentals of Moot Court L T P C Version 1.0 1 0 0 1 Pre-requisites/Exposure Law / Basic Understanding of legal concepts Co-requisites Understanding of legislations and Precedents
Course Objectives:
The course objectives are:
Using a mock case as a context, allow students to develop patterns of thought and hands-on ability in researching and arguing.
Allow students to learn drafting of memorial pertinent to Moot Court Problems.
Allow students to learn the basics of court mannerisms.
Allow students to learn the professional role of the lawyer.
Course Outcomes:
On completion of this course, the students should be able to:
C104.1. Participate in Moot Court Competitions following the relevant rules.
C104.2. Practice the dos and don’ts of argumentation.
C104.3. Learn to identify legal issues and address them.
C104.4. Behave and act professionally in a court room setting.
Catalogue Description:
The life as a lawyer involves presenting the client’s cause at different forums/people. Even for a non- litigating lawyer, mooting skills are essential as they enable one to feel the system by being a participant. Moot courts actually provide the first opportunity for applied research. The pedagogy would involve the following methods:
. Lecture/Discussions . Term Paper/Project . Reading Groups . Workshops . Viva Voce . Presentations (Paper/ Project) . Case Study . Chalk and talk . Random Questioning . Reflections . Course room exercise . Case Analysis
Course Content
Unit 1………………………………………………………………………………...……2 Hours INTRODUCTION TO MOOT COURT COMPETITIONS What is Moot Court? Meaning of Court Meaning of Appellate Court o Law o Ethics o Skills
Unit II…………………………………………………………………………………… 4 Hours RULES OF MOOT COURTS Relevant Law and rules Rules in Competitions
Unit III………………………………………………………………………………….. 2 Hours DEMONSTRATION Demonstration of activity by senior students Discussion on queries based on demonstration
Unit IV………………………………………………………………………………….. 4 Hours PRACTICE EXERCISE
Circulation of problem Discussion on queries based on problem Exercise
SUGGESTED READINGS
Mootology and Mooting Skills, edited by Martin Kopa And Tereza Skarkova, published by Faculty of Law, Palacky University in Olomouc, Czech Republic, “Advocate - His mind and art” by Aiyar, P Ramanatha; Aiyer, N S Ranganatha., LexisNexis, 2009 “Moot Court, Pre-Trial Preparations & Participation in Trial Proceedings” by Sirohi, J P S., Allahabad Law Agency, 2010 “Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It” by Lewis S. Ringel, American Political Science Association, PS: Political Science and Politics, Vol. 37, No. 3 (Jul., 2004), pp. 459-465 “Moot Court: Too much Moot and Not Enough Court” by Robert J. Martineau, American Bar Association Journal, American Bar Association, Vol. 67, No. 10 (October, 1981), pp. 1294-1297 “Fifty-First Philip C. Jessup International Law Moot Court Competition”, Proceedings of the Annual Meeting (American Society of International Law), Vol. 104, International Law in a Time of Change (2010), pp. 617-629, American Society of International Law; Cambridge University Press.
Database:
AIR Databases (Supreme Court/High Court/Criminal law Journal) (1950 to 2012). LexisNexis India Online Services West Law India. Taxman Database. SCC Online
Other relevant resources:
Mooting Master Class, Deeksha Sharma, published by Oxford University, The Program in Comparative Media Law and Policy, available at https://www.youtube.com/watch?v=_e9pnMsFWOg
Other You tube resources on Mooting
Modes of Evaluation:
Description Weight age
1. Memorial Submission 50%
2. Practice Exercise 50%
Energy Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C422.1 3 2 3 3 2 3 2 3 3 2 C422.2 3 2 3 3 3 3 3 2 2 2 C422.3 3 2 3 3 3 2 3 3 3 2 C422.4 3 2 3 3 3 2 3 3 3 2 C422.5 3 2 3 3 3 2 3 2 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Moot Problem
Background of the case
The salient facts regarding this case are as follows: Michaela Collins was born on 14th August 2012. She became unwell on 18 September 2013. On the evening of 29 September 2013, she was admitted to hospital. On 1 October 2013, a diagnosis was made of pneumococcal meningitis and multiple brain infarcts. Michaela Collins recovered, but she had sustained permanent damage to her brain; she has learning difficulties and is profoundly deaf.
The principal issue at trial concerned the medical care Michaela Collins received once admitted to St Kevin’s Hospital. On 27 and 28 September, Michaela’s mother, Ariadne Collins, contacted an out-of-hours GP service several times. Michaela was examined by a number of doctors. Nothing turns on the examinations conducted by the out-of-hours GP service, although they provide context of Michaela’s admission to St Kevin’s.
Michaela was transported by ambulance, on the advice of the GP who attended at the Collins residence on 28 September, to St Kevin’s Hospital. Dr Alan de Valera was a Principal House Officer (PHO), who examined Michaela in the Accident and Emergency (A&E) Department of St Kevin’s Hospital early in the morning of 29 September. The Board is responsible for the operation of St Kevin’s Hospital, located in Logan City.
It was the Ariadne Collins’s case that Dr de Valera was negligent in that he: i) failed to take an adequate history; and ii) failed to conduct an adequate examination.
It was further claimed that St Kevin’s Hospital was also negligent insofar as information which might have resulted in referral to a paediatric team, in which case the pneumococcal meningitis would have been detected and treated with antibiotics, such that no damage would have been suffered by Michaela.
The plaintiff argued that had Dr de Valera performed either of these tasks to the standard of a competent PHO, he would have been bound to refer Michaela to the paediatric team at the Hospital. Instead he discharged her.
That is to say, had Michaela been referred to the paediatric team, she would in all probability have been given antibiotics by 9am on 29th September at the very latest. The antibiotics would have prevented the spread of the infection and Michaela would not have suffered any injury. The issue at trial therefore is a breach of duty by the first defendant, Dr de Valera, and the liability of the Board (the second defendant)
Presentation at hospital and the examination by Dr de Valera
Michaela was taken by ambulance to St Kevin’s Hospital. The observations of the paramedics were that Michaela’s “temperature [was]…up to 40, she is rolling her eyes and her breathing is a little bit erratic”. Ariadne Collins also gave evidence that she had told the paramedics that Michaela was “lethargic”. It is unclear whether Michaela suffered a convulsion in a precise or technical sense of the word, but a combination of Ms Collins’s evidence about the events leading to the last call to the out-of-hours GP and the calling of an ambulance indicate that Michaela’s condition would have been of some concern, and warranted taking her to the hospital for a full clinical evaluation.
Dr de Valera gave uncontradicted evidence that he was not aware that Michaela had been transported to the hospital by ambulance, nor had he seen the written notes made by the paramedics, as the documentation which would have made this information available to Dr de Valera were not included in the materials passed to Dr de Valera. In both cases, this was a significant departure from the ordinary protocols associated with admission - a fact which was not disputed by the Second Defendant.
Dr de Valera’s examination of Michaela took place at 5:32 am on 29 September 2013, some 23 minutes after her arrival and admission. Prior to a physical examination, Dr de Valera took a history from Ariadne Collins. That process took about 7 minutes, and recorded elevated temperature, and no vomiting or diarrhoea. No mention is made in the notes of the history to the “eye-rolling” observed by the paramedics – either on the basis of what Ariadne told him during his taking of Michaela’s history, or the paramedic’s notes themselves.
At no stage did Dr de Valera inquire of Ariadne Collins why she had felt it necessary to bring Michaela to A&E in the early hours of the morning.
Dr de Valera then spent another 10 minutes conducting a physical examination, at the end of which, he concluded that Michaela was suffering an upper-respiratory tract infection (URTI). In his oral evidence, he observed that this was a common ailment for young children at that time of year.
Michaela was discharged, with advice that proprietary medicines available over the counter (such as Nurofen) should be used to control Michaela’s elevated temperature, and that she be brought back to the hospital should she exhibit either “sustained” vomiting or diarrhoea.
In cross-examination, Dr de Valera was asked whether he would have referred Michaela to a paediatric team if he had been aware of the eye-rolling. He responded that he would not automatically make such a referral. I asked Dr de Valera whether the eye-rolling, in concert with an apparent fever, might have been a febrile convulsion, to which Dr de Valera responded that had she known about the eye-rolling, she would have considered that a febrile convulsion was a strong possibility, and that, in those circumstances, he would have referred Michaela to a paediatric team.
Expert evidence was adduced on behalf of the defendants from Dr Valerie Pearse, a specialist paediatrician, that in the absence of any reports of lethargy and/or eye-rolling, the indicia that Michaela was suffering from something more serious than an URTI would have been subtle, and in her own, rather colourful terminology, would have required “an experienced set of eyeballs to detect”, and it would not be indicative of any failure to meet acceptable standards of medical practice if a medical practitioner who was not a specialist in pediatrics failed to identify the more serious condition from which Michaela was, as it later became evident, suffering.
Conversely, expert evidence led on behalf of the plaintiff by Dr Vlad Scott, an acknowledged expert in Accident and Emergency practice, was that a competent A&E doctor would understand that parental opinion and observation is often a potent aid in diagnosis: parental concerns, and the subjective reasons for it, are significant guides to what about a child’s behaviour or symptoms have caused them to bring a child to A&E, rather than wit and visit a GP some time later. Dr Scott expressed some surprise that Dr de Valera had not initiated inquiries aimed at eliciting what, beyond an apparent URTI, had cause Michaela to present her daughter to A&E in the early hours of the morning. Had he done so, the missing links in the diagnostic chain might have been filled in, and the subsequent damage avoided.
Findings
A medical practitioner operating in the A&E environment would ideally have an armamentarium of diagnosis and inquisitive resources, part intuitive and part knowledge-based, which enable her or him to penetrate deeply into any given situation. That, however, is a counsel of perfection. Dr de Valera, as a PHO, was in only the fourth year of his post-registration career, not yet having embarked on a training program for the purposes of either General Practice or as a Specialist. He was, in any meaningful sense of the words, relatively inexperienced.
Although, no doubt, a medical practitioner faced with the situation presented by Michaela, might have opened lines of inquiry with Michaela’s mother which elicited the information about the eye-rolling and lethargy which could have altered their clinical view about referral to a paediatric team, I cannot say that it was substandard practice to fail to make those inquiries, or to take a more complete history which could have raised the possibility of a more serious condition than URTI. That is particularly so in the case of an inexperienced practitioner.
For that reason, the claim against Dr de Valera must fail. He was not a specialist paediatrician, and while he did not detect (or was not aware of) factors which might have been apparent to a more experienced clinician or which might have become apparent through a more rigorous approach to determining the history, the lack of information under which he laboured, and his relative inexperience, were such that his response in the circumstances was not a failure to meet the requisite standard of care
Even in the face of the failure in communication of the information regarding eye-rolling and lethargy, it cannot reasonably said to be more probable than not that such a failure was causative of the damage, given that there were other opportunities for that information to be brought to the attention of Dr de Valera. Accordingly, I find that no case exists against the Hospital.
Grounds of appeal
That the learned trial judge applied the wrong test in determining whether Dr de Valera failed to meet the requisite standard to discharge his duty of care in the diagnosis of Michaela Collins’s condition.
That the technical professional skills of taking a patient history are core competencies for a registered medical practitioner, and it was not open to the trial judge to find that a failure to open lines of inquiry during the taking of a patient’s history was any less a breach of the requisite standard simply by virtue of the lack of experience of the defendant.
That given the uncontradicted evidence that there was a breach of established protocols regarding the transmission of relevant medical information during the admission process, it was not open to the trial judge to find that the failure of the Hospital’s systems to relay information regarding other symptoms of which Dr de Valera was not aware (eye-rolling and lethargy) did not contribute significantly to the medical outcome for Michaela.
CLPP 1102 Language Lab L T P C Version 1.0 1 0 0 1 Pre-requisites/Exposure 12th level English Co-requisites --
Course Objectives 1. To provide an overview of the principles of Listening & Speaking skills 2. To define and underline the nuances and intricacies of Listening & Speaking 3. To acquire the ability to comprehend the native speakers’ accent 4. To apply & put in use the best practices of effective Listening & Speaking skills Course Outcomes
On completion of this course, the students will be able to
CO1. Apply the principles of effective listening & speaking skills in their everyday lives CO2. Execute and practice the effective techniques of listening & speaking with brevity and clarity CO3. Articulate their opinions/ideas adequately and comfortably CO4. Demonstrate their enhanced receptive and productive skills in listening and speaking
Catalog Description
This course underlines the importance receptive (Listening) and productive (speaking) skills and provides ample guidance and hands-on practice on the two demanding language/life skills. Furthermore, the lead-in activities for each session make the learning process stimulating and engaging. The students are also required to shoot and submit a video ‘Walk the talk’, a group activity enabling them to showcase their conversational skills acquired during the course. SALIENT features . Warmers . Student centered learning . Less teacher talk time & More student talk time . Conducive learning environment . Hands on experience on all the four language skills Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.
Course Content
Unit I: 3 lecture hours Introduction to Language Lab Sessions, CEs & Machine Interface, What is listening? Active & Passive Listening, Practice on Listening Skills, What is accent? Nuances of different accents
Unit II: 3 lecture hours Listening Practice, Listening Skills : Mock Test, Listening Assessment
Unit III: 3 lecture hours Speaking Skills: an overview, Phonetics & IPA symbols, How to get the best out of an advanced leaner’s dictionary, Practice Sessions (Task Based Activities.
Unit III: 3 lecture hours Practice Sessions (Task Based Activities), Walk the talk, Speaking Assessment.
Reference Books 1. The Five minute activities by Penny Ur & Andrew Wright, OUP
2. The Cambridge Advanced Learners’ Dictionary, Cambridge University Press
3. The Pronunciation of English by Jones D, Cambridge University Press
4. www.ted.com
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components CEI CE II Presentation/Assignment/ etc CEIII Weightage (%) 30 30 20 20
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes Apply the principles of effective listening & speaking skills in CO1 2,3,6,7,8,9 their everyday lives Execute and practice the effective techniques of listening & 2,3,6,7,8,9 CO2 speaking with brevity and clarity CO3 Articulate their opinions/ideas adequately and comfortably. 2,3,6,7,8,9 Demonstrate their enhanced receptive and productive skills 2,3,6,7,8,9 CO4 in listening and speaking
economic -
nalyse nalyse problems critically using an in Students will stronghave conceptual knowledge in core areas of law. Students be able will to integrate efficiently functionalthe knowledge of law with specialized domains. Students effectively will apply their learnings evaluateto legal developments and evolve alternative solutions real to Students demonstratewill logical ability a to depth understanding of socio Students possesswill procedural and practical knowledge, and will logical,use analytical and decision making to ability Students demonstratewill desirable qualities to facilitate sustainable employment/deployment. Students developwill sensitivity towards ethical, moral and social issues arising in course the of their careers and learn to Students exhibitwill commitment, leadership, networking and teambuilding legal skills in ecosystem. Students exhibitwill lifelong learning skills essential to excel in legal world. Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8 PO9
COMM Language 2 1 2 2 2 3 3 3 113 Lab
1=weakly mapped 2= moderately mapped 3=strongly mapped
CLCC 1005 Legal Language and Legal Writing L T P C Version 1.0 3 0 0 3 Pre-requisites/Exposure 12th level English and primary research skills Co-requisites --
Course Objectives
1. To help the students to develop the ability to understand and draft the basic legal documents. 2. To enable students to communicate legal terms with clarity and precision at workplace. 3. To enable students acquire structure and written expression required for their profession. 4. To prepare good lawyers with broad professional vision as a wise counsellor, good advocacy skills, exceptional legal drafting skills 5. To enable the students understand important legal maxims and fundamental legal concepts around their application
Course Outcomes
On completion of this course, the students will be able to
CO1. Understand the spoken legal expression with proper pronunciation CO2. Understand and draft the basic legal documents CO3. Read the text, comprehend and make use of legal vocabulary while conversing. CO4. Write effectively and with clarity. CO5. Understand important legal maxims and fundamental legal concepts around their application
Catalog Description
One aspect of globalization has been the internationalization of law, so today’s lawyers increasingly need to be international lawyers. Law plays an important role in the global legal environment. The familiarity with English legal writing and analysis skills that you will gain through this course will provide you with a solid background for working with clients, co-counsel, opposing counsel and judges. This subject is one of the most important subjects in law as it makes the student to learn about the command of the language and it being essential quality for presentation of not only pleading but also arguments before a court of law. This subject has so much of practicalities and just reading book will not help. It therefore becomes necessary that the students should be given the knowledge of the subject through lecture method and other methods with illustration for better understanding and group discussion so that the student may also inculcate the analytical approach of understanding the subject matter and can practically apply in life. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.
Course Content
Unit I: 5 lecture hours LEGAL LANGUAGE AND COMMUNICATION - Modes and Modules of Legal Communication, Meaning of Language and Evolution of language, Importance of language, Relation of Language with law, Meaning of Legal Language, Importance of legal language, Scope of Legal Language, Problems of legal language, Language and the Constitution of India, Harvard Series of Lectures
Unit II: 10 lecture hours LEGAL LANGUAGES & LEGAL VOCABULARY - Legal English Words and Legal Phrases; Law Latin and Legal Phrases; Proverbs and their use in Legal Language.
Unit III: 17 lecture hours LEGAL LANGUAGE AND LEGAL MAXIMS – leading maxims related to Constitution, Torts, contract, property, IPC, etc.
Unit IV: 2 lecture hours LEGAL LANGUAGE AND LEGAL Drafting - Precise, Concise (art of Precise), essay
Unit V: 2 lecture hours
LEGAL LANGUAGE: PREPOSITIONS AND COMPREHENSION- Use of Preposition for effective Legal Writing , Passages & Paragraphs from leading cases.
Text Books
1. Legal Language, Legal Writing & General English, S.C. Tripathi Central Law Publications 2. Outlines of Legal Language in India Anirudh Prasad Central Law Publication 3. Legal Language and Legal Writing K.L.Bhatia Universal Law Publishers 4. Legal Language, Legal Writing & General English B.M. Gandhi Eastern Book Company 5. Learning the Law Glanville Williams Universal Law Publishers. 6. Introduction to Law Atul Setelwad Butterworths 7. The Concept of Law HLA Hart Oxford University Press 8. Indian Legal System Joseph Minattur Indian Law Institute 9. Legal System and Lawyers’ Reasoning Julius Stone Universal Law Publishing Co.
Reference Books 1. Plain English for Lawyers, Richard C. Wydic, Universal Law Publishers. 2. Legal Writing in Plain English, Bryan A. Garner. 3. Plain Language for Lawyers: Michale M. Aspray, Universal Law Publishers. 4. Law as Culture, (2009), Kathy Laster, Universal Law Publishers. 5. Law and Social Norms, Eric A. Posne, Universal Law Publishers. 6. Precedent in English Law, Cross and Harris, Oxford publication. 7. Legal Maxims, Herbert Broom, Universal Law Publishers. 8. Legal Language, Peter M. Tiersma. 9. Oxford Law Dictionary. 10. Wharton’s Law Dictionary. 11. Black’s Law Dictionary.
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components MSE Internal ESE Weightage (%) 20 30 50
Internal Assessment: 100 Marks (shall be done based on the following five components):
Description Weightage
9. Continuous Assessment 30%
Continuous Assessment: (Marks 100) shall be done based on the following five components:
a. Two class tests 20 Marks b. Assignment / Reaction Paper 20 Marks c. Project work 20 Marks (Abstract, Synopsis, final Draft, Presentation) d. Subject grand viva 20 Marks e. Attendance 20 Marks
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1005.1 2 3 3 - 3 2 3 2 3 3 C1005.2 3 3 3 - 3 - - 2 2 3 C1005.3 3 3 3 - 3 - 3 - 3 3 C1005.4 2 3 3 2 3 - 3 - 3 3 C1005.5 3 3 3 3 3 3 2 2 2 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination, December 2017
Program: B.B.A., LL.B. (Hons.) Corporate Laws Semester – II Subject (Course): Legal Language and Legal Writing Max. Marks : 100 Course Code :CLCC1005 Duration : 3 Hrs No. of page/s: 4
Instructions: Attempt any three questions from Section A (each carrying 6 marks); any Two Questions from Section B (each carrying 10 marks). Section C is Compulsory (carrying 16 marks).
Section A ( attempt any two) 1. Q.1 Give the meaning of the following words and make sentences using the words:
[2] C1005.3 Abeyance
2 Alienate [2] C1005.3
3. In limine [2] C1005.3
4. Quid credit foro [2] C1005.3
5. Lex loci contractus [2] C1005.3
SECTION B 6. Read the following paragraph and answer the questions that follow:
Sometime in 1981, the State of Maharashtra and Bombay Municipal Corporation took a decision that all pavement dwellers and the slum or busti dwellers in the city of Bombay will be evicted forcibly and deported to their respective places of origin or removed to places outside the city of Bombay. Pursuant to that decision, the pavement dwellings of some of the petitioners were in fact demolished by the Bombay Municipal Corporation. Some of the petitioners challenged the aforesaid decision of the respondents in the High Court. The petitioners conceded before the High Court that they could not claim any fundamental right to put up huts on pavements or public roads, and also gave an undertaking to vacate the huts on or before October, 15, 1981. On such undertaking being given, the respondents agreed that the huts will not be demolished until [20] C1005.1 October 15, 1981 and the writ petition was disposed of accordingly. C1005.3 In another petition filed under Article 32, the petitioners challenged the decision of the respondents to demolish the pavement dwellings and the slum hutments on the grounds:
(i) that evicting a pavement dweller from his habitat amounts to depriving him of his right to livelihood, which is comprehended in the right guaranteed by Article 21 of the Constitution that no person shall be deprived of his life except according to procedure established by law,
(ii) that the impugned action of the State Government and the Bombay Municipal Corporation is violative of the provisions contained in Article 19(1)(g) and 21 of the Constitution,
(iii) that the procedure prescribed by Section 314 of the Bombay Municipal Corporation Act, 1888 for the removal of encroachments from pavements is arbitrary and unreasonable since, not only does it not provide for the giving of a notice before the removal of an encroachment but, expressly enables that the Municipal Commissioner may cause the encroachments to be removed without notice ,
(iv) that it is constitutionally impermissible to characterize the pavement dwellers as 'trespassers', because their occupation of pavements arises from economic compulsions; and
(v) that the Court must determine the content of the 'right to life', the function of property in a welfare state, the dimension and true meaning of the constitutional mandate that property must subserve common good, the sweep of the right to reside and settle in any part of the territory of India which is guaranteed by Article 19(1) and the right to carry on any occupation, trade or business which is guaranteed by Article 19(1)(g), the competing claims of pavement dwellers on the one hand and of the pedestrians on the other and, the larger question of ensuring equality before the law.
So far as concerned is the agreement that the pavement dwellers had made to vacate the pavements, the Court held that there can be no estoppel against the Constitution. The Constitution is not only the paramount law of the land but, it is the source and sustenance of all laws. Its provisions are conceived in public interest and are intended to serve a public purpose. The doctrine of estoppel is based on the principle that consistency in word and action and it imparts certainty and honesty to human affairs. If a person makes representation to another, on the faith of which the latter acts to its prejudice, the former cannot resile from the representation made by him. He must make it good. This principle can have no application to representations made regarding the assertion or enforcement of fundamental rights.
Fundamental rights are undoubtedly conferred by the Constitution upon individuals which have to be asserted and enforced by them, if those rights are violated. But, the high purpose which the Constitution seeks to achieve by conferment of fundamental rights is not only to benefit individuals but to secure the larger interests of the community. The Preamble of the Constitution says that India is a democratic Republic. It is in order to fulfil the promise of the Preamble that fundamental rights are conferred by the Constitution, some on citizens like those guaranteed by Articles 15, 16, 19, 21 and 29 and, some on citizens and non-citizens alike, like those guaranteed by Articles 14, 21, 22 and 25 of the Constitution. No individual can barter away the freedoms conferred upon him by the Constitution. A concession made by him in a proceedings, whether under a mistake of law or otherwise, that he does not possess or will not enforce any particular fundamental right, cannot create an estoppel against him in that or any subsequent proceedings. Such a concession, if enforced, would defeat the purpose of the Constitution.
The plea of estoppel is closely connected with the plea of waiver, the object of both being to ensure bona fides in day-to day transactions. In the instant case, notwithstanding the fact that the petitioners had conceded in the Bombay High Court that they have no fundamental right to construct hutments on pavements and that they will not object to their demolition after October 15, 1981, they are entitled to assert that any such action on the part of public authorities will be in violation of their fundamental rights.
(i) Suggest a suitable title for the above passage and justify the title. [2 Marks]
(ii) Write the précis of above paragraph in your own words as plainly as possible. [6 Marks]
(iii) Explain the following terms according to their meaning and context: [12 Marks]
(ii) respondents (iii) evicting (iv) constitutionally impermissible (v) plea of waiver (vi) mistake of law (vii) democratic Republic (viii) Preamble of the Constitution (ix) impugned action
(x) estoppel (xi) writ petition (xii) notice (xiii) prejudice
SECTION C is Compulsory 7. Draft a Mortgage deed with imaginary facts and names of the parties to give it a complete shape. [15] C1005.2 C1005.3 OR C1005.4
Write an essay on any one of the following topics in about 500 words:
1.) Electoral Reforms 2.) Rights of Consumers
8. Give full form of following abbreviations: [5] C1005.5
1. ICADR 2. CAT 3. QBD 4. LRHL 5. SCWR
SECTION D
9 Explain the following Legal Maxims with the help of legal provisions, case laws and examples: [10] C1005.5
in jure non remota causa sed proxima spectator
10 Generalia specialibus non derogant [10] C1005.5
11 ignorantia facit execusat ignorantia juris non execusat [10] C1005.5
12 Draft a Plaint & Written Statement in an accounting suit; using imaginary names and figures to [20] C1005.5 give it a complete shape.
CLNL1012 Political science –II L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Introduction to Political Science Co-requisites Comparative Government and Politics Perspective
Course Objectives 1. The legal system essentially deals with state, government, political systems, distribution and control of state power in political societies thus, the concern of Political Science is not very different either, because legal instruments are formulated as a system of expression directly emanating from the political superstructure. 2. The objective of this part of course is to create an extensive discussion on the relation between state and government, political factors influencing policies culminating into law and intricate relationship between law and social problems. 3. The students not only get the in-depth knowledge of governmental functions but also it provides a comparative perception with different political systems around the world. 4. It covers the relation between state and government, different organs of government, their inter relationship and issues related to administration and justice. 5. The course will focus on the origin, nature and development of major governmental organs and their functions. It will survey important topics like the democracy, role of political parties, federalism, separation of powers, judicial activism, public administration, rule of law etc.
Course Outcomes
C1012.1To understand thoroughly the nature and functions of governmental organs, and explore different political systems around the world, to make a comparative analyses. C1012.2Traits like Political Participation, Political Socialization will be induced in the students for a better political vigilance in them for our nation politics. C1012.3 A better policy making attribute and amending strategy will be incorporated in students, if they look forward to become good administrators. C1012.4Wide view of operation or area to research. C1012.5 Ability to critically analyze major political and jurisprudential ideas at national and international level.
Catalog Description
The subject political science being closely related to our day to day life, there is numerous ways one can get it more interesting. The daily social life of an individual can be easily correlated with many of the syllabi topics, then the subject can be better understood in a participatory classroom exercises. The comparative method laid down in the course plan can benefit the students to analyze the working of Indian government with their foreign counterparts. The students should have wide general reading and newspaper updates. Further, the advance reading of lesson topics will serve a better background for the class room discussion. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.The following methods can be suitably adopted to accomplish the said task. The tools to be used are Lectures, Examples/ Illustration, Presentation, Parliamentary debate, Group Discussion, Book Reviews, Discussions on current topics( News Papers, Journals and Magazines reading), Snap test and quiz, Case Study.
Course Content
Unit I: 8 lecture hours State and Government A. Relation between State and Government: Functions of Government B. Classification of Governments – Traditional and Modern classification C. Democracy, Monarchy and Dictatorship – characteristics, merits and demerits D. Unitary and Federal form of Governments – UK & USA E. Parliamentary and Presidential form of Governments – India, UK, France and USA
Unit II: 6 lecture hours Constitution/ Constitutionalism A. The evolution of constitutionalism and its importance B. The contents and essentials of constitution C. Types of constitution – Rigid and Flexible- USA & UK D. Codified or un codified constitutions– India & UK E. Brief and Detailed Constitutions – USA, India and Switzerland
Unit III: 8 lecture hours
Important Organs of Government A. Legislature – characteristics, functions (law making process) and types of legislature B. Bicameral and unicameral legislatures- merits and demerits- India and China C. Executive- meaning, characteristics and functions D. Different types of executive – USA, India, UK, France & Switzerland E. The relation between
Unit IV: 6 lecture hours Judiciary A. Judiciary - nature, structure and functions B. Judiciary its relation with other organs of government C. Independence of Judiciary D. Rule of Law E. Judicial Review and Judicial Activism
Unit V: 9 lecture hours
Representation and Role of Civil Society A. Representation, popular sovereignty and democratic process – USA, India and Switzerland B. Role of Political Parties. Types of party systems – India, China, USA C. Pressure groups and its functions D. Public Opinion - role of Media in modern democracy E. Concept Civil Society.
Unit VI: 5 lecture hours
Federalism and Centre –State Relationship A. Centre-State Relations and federal character of India B. Idea of decentralization – Panchayat Raj System in India C. Linguistic and geographical aspects of Centre-State relations D. Economic and Political issues E. Commissions on Centre-State Relations i) Sarkaria Commission and Recommendations ii) Commission on Centre-State Relations Report March 2010
Unit VI: 6 lecture hours
Public Administration A. Introduction to Public Administration B. Meaning, nature and scope of Public Administration in a State - Public & Private administration C. Role of Civil Service in India D. Meaning, nature and scope of public policy - Public policies and its constitutional basis.
Text Books
1. Amal Ray & Mohit Bhattacharya, Political Theory: Ideas & Institutions, The World Press Pvt. Ltd., Kolkata 2. A. Appadurai, The Substance of Politics, Oxford University Press, New Delhi, 2000. 3. O. P. Gauba, An Introduction to Political Theory, MacMillan, New Delhi, 2009. 4. A. C. Kapoor, Principles of Political Science, S. Chand & Co., New Delhi, 2008. 5. Ernest Barker, Principles of Social and Political Theory, Surjit Publications, New Delhi, 6. K.R Bombwall, Major Contemporary Constitutional Systems, Modern Publications,
Reference Books 1. Amal Ray & Mohit Bhattacharya, Political Theory: Ideas & Institutions, The World Press Pvt. Ltd., Kolkata 2. A. Appadurai, The Substance of Politics, Oxford University Press, New Delhi. 3. O. P. Gauba, An Introduction to Political Theory, MacMillan, New Delhi, 2009. 4. A. C. Kapoor, Principles of Political Science, S. Chand & Co., New Delhi, 2008. 5. Ernest Barker, Principles of Social and Political Theory, Surjit Publications, New Delhi, 6. K.R Bombwall, Major Contemporary Constitutional Systems, Modern Publications, 7. S.C. Johari, Major Governments in Europe, Sterling Publications, New Delhi 8. A.C. Kapur, Select Constituions, S. Chand, New Delhi 9. Robert L Maddex, Constitutions of the World 10. Walter Fairleigh, Modern Constitutions, , Dodd Kessinger Publications 11. Dr. Gokulesh Sharma, Select World Constitutions, Deep Deep Publications, Delhi 12. Rajni Goyal, Major Constitutions, Galgotia, New Delhi
13. Shriram Maheshwar, Administrative Thinkers, Macmillan, Delhi 14. K.R. Bombwal, Comparative Constitutions 15. M.V. Pylee, Select World Constitutions, 16. Avasthi & Maheswari, Public Administration, Lakshmi Narain, Agra 17. Chaturvedi (Edited), Comparative Public Administration, I.I.P.A. New Delhi 18. Leonard D.White, Public Administration, Eurasia Publishing House, New Delhi 19. Vishnoo Bhagwan and Vidya Bhushan, World Constitutions, Sterling, New Delhi 20. Kriesberg, Martin (ed), Comparative Administrative Theory, Washington 21. Shriram Maheshwari, Administrative Theory, Macmillan, Delhi 22. Vishnoo Bhagwan and Vidya Bhushan, Public Administration, S. Chand, New Delhi 23. Nicholas Henry, Public Administration and Public Affairs, PHI, New Delhi 24. Harold J Laski, A Grammar of Politics, Anamika Pub. Modes of Evaluation:
Components Internal Examination Mid-term written End term written Exam Examination Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage Test I -10 Report / Test II-10 Viva /PPT
Energy Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1012.1 3 2 3 3 2 3 2 3 3 2 C1012.2 3 2 3 3 3 3 3 2 2 2 C1012.3 3 2 3 3 3 2 3 3 3 2 C1012.4 3 2 3 3 3 2 3 3 3 2 C1012.5 3 2 3 3 3 2 3 2 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Criminal Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1012.1 3 2 3 3 2 3 2 3 3 2 C1012.2 3 2 3 3 3 3 3 2 2 2 C1012.3 3 2 3 3 3 2 3 3 3 2 C1012.4 3 2 3 3 3 2 3 3 3 2 C1012.5 3 2 3 3 3 2 3 2 2 2
Labor Laws
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1012.1 3 2 3 3 2 3 2 3 3 2 C1012.2 3 2 3 3 3 3 3 2 2 2 C1012.3 3 2 3 3 3 2 3 3 3 2 C1012.4 3 2 3 3 3 2 3 3 3 2 C1012.5 3 2 3 3 3 2 3 2 2 2
Model Question Paper
Name:
Enrolment No: Course: CLNL1012- Political Science-II Programme: B.A LL.B. (Hons.) energy/criminal/labor laws Semester: I Time: 03 hrs. Max. Marks:100 Instructions: Attempt all questions from Section A (each carrying 02 mark); any Four Questions from Section B (each carrying 05 marks), any Two Questions from Section C (each carrying 10 marks), Section D as mentioned. SECTION A (Answer all questions)
1. In the parlance of parliament and state legislatures, what is special majority ?
a) Two-thirds of present and voting members must vote yes, and this number must also constitute the majority of the total capacity of membership of that House C1012. [02] b)Two-thirds of present and voting members must vote yes 3 c) Two-thirds of present and voting members must vote yes, and there should also be two-thirds majority of the total capacity of membership of that House d) None of the above 2. Concurrent powers are constitutional powers that are:
a) Shared by the executive and legislative branches.
b) Given exclusively to the national government. C1012. [02] 3 c) Given exclusively to the state government.
d) Shared by state and national governments.
3. In a unitary system:
a) No government has sovereign authority. C1012. b) Sovereign authority rests with the national government. [02] c) Sovereign authority is shared between national and local governments. 1 d) Sovereign authority rests with local governments. e) Sovereign authority rests with a foreign government. 4. Who propounded Rule of Law ? C1012. [02] a) Thomas Paine b) A V Dicey c) George Washington d) Plato 1 5. What does the term 'judicial review' mean?
a)A review of the judicial structure of the system b) it is the authority vested in the hands of Supreme Court to examine whether some legislative C1012. [02] enactments or executive orders of both Central and State governments is following the 3 Constitution of India or not c) Judicial review means the power vested in High Courts to challenge Supreme Court of India d) None of the above SECTION B (Write short notes) 6. Briefly mention the Constitutional Amendment Process in India. C1012. [05] 1 7. Explain Judicial activism. [05] C1012. 3 8. Elucidate Presidential executive with example. [05] C1012. 3 9. What do understand by pressure group. Explain with example. [05] C1012. 1 SECTION C (Attempt any 02 questions) 11 Indian federation is said to be Centre dominant. Explain in respect to center-state relation. [10] C1012. 3 12 Explain Constitutional amendment process in Switzerland and USA, and state the difference. [10] C1012. 5 13 Discuss Theory of separation of power. Briefly explain the applicability of theory in India or [10] C1012. USA. 3 SECTION D
14 Forty state constitutions specify that government be divided into three branches: legislative, [15] C1012. executive and judicial. California illustrates this approach; "The powers of state government are 2
legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution." Explain the approach. Governmental powers and responsibilities intentionally overlap; they are too complex and 15. interrelated to be neatly compartmentalized. As a result, there is an inherent measure of [20] C1012. competition and conflict among the branches of government. Throughout American history, there 1 also has been an ebb and flow of preeminence among the governmental branches. Analyse the check and balance in Indian perspective.
The veto process is very formal and time sensitive, and how time is counted is extremely 16. important. Legislatures often face specified times within which measures must be delivered to [15] C1012. their governors. Once a bill is delivered to the governor, the number of days for gubernatorial 1, action on a measure also is limited. If the governor vetoes a bill (or portion thereof), it must be C1012. returned to the house of origin for reconsideration. To become law, each chamber must repass 3 the bill (or portion thereof), usually by a supermajority vote. How Veto functions in India, Can anyone over-ride it. Briefly explain the law making process.
CLNL 1015 Business Economics-I L T P C Version 1.0 3 3 Pre-requisites/Exposure Basic Algebra (10th Standard) Co-requisites
Course Objectives 1. To familiarize the students with the basic concept of microeconomics. 2. To apply demand and supply analysis in business applications 3. To analyse the production and cost structure under different stages of production. 4. To understand the pricing and output decisions under various market structure. 5. To apply various decision tools to understand the market structure.
Course Outcomes On completion of this course, the students will be able to:
C105.1 To understand and apply supply and demand analysis to relevant economic issues. C105.2To apply marginal analysis to the “firm” under different market conditions. C105.3 Students will learn the concepts of cost, nature of production and its relationship to
Business operations. C105.4 To understand the causes and consequences of different market conditions. C105.5 To analyse the price and output decisions of firms under various market structure.
Catalog Description
The objective of this course is to impart the knowledge of economics as a subject and its importance while business. The business decisions are made scientifically on the basis of all available information. So understanding and interpreting basic economic concepts/variables for e.g. demand and supply functions, forecasting demand, productions, costs will make them aware of various operations carried in business.
After imparting knowledge of these concepts they would be better equipped to understand various market structures, understanding of different pricing techniques that will be introduced in the class. These concepts will help them to understand day to day business decisions being taking by different firms (in different industries) in lieu of consumer behaviour in economic, social and to an extent in ethical manner.
Course Content
Unit I: Introduction to Economics & Business Economics 4 lecture hours
Introduction to Economics, Definition of Economics , Branches of Economics , Meaning of Business Economics, Nature, Scope & Objective of Business Economics
Unit II: Theory of Demand & Supply 4 lecture hours
Meaning of Demand & Supply, The demand & Supply Schedule, Demand Function & Supply function, Law of Demand & Supply Individual and Market Demand & Supply Determinants of Demand & Supply, Demand & Supply Curve, Equilibrium with supply & Demand Curve, Demand & Supply Shifts
Effects of a shift in Supply or Demand, Interpreting Changes in Price & Quantity, Types of Elasticity of Demand & Supply, Calculating Elasticity, Measurement of Elasticity, Degree of Elasticity, Consumer Equilibrium – Utility Analysis, Consumer Equilibrium – Indifference Curve Analysis,
Unit III: Theory of production and cost 4 lecture hours.
Basic Concept of production, The Production function, Factors of Production, Total Average & Marginal product, Short & Long Run Production Function, Law of Variable proportion, Law of Return to Scale, Law of diminishing Marginal product, Expansion path, Concept of cost and Total, Marginal & Average Cost, Short Run & Long Run Cost, Relation Ship Between Marginal & Average cost
Unit IV: Market structure. 4 lecture hours.
Market Structure: Meaning & Characteristics of Perfect Competition, Price & output Determination under perfect Competitive Market, Short Run & Long Run Equilibrium, monopoly Definition of Imperfect Competition Basic Concept of Monopoly, Features of Monopoly Equilibrium under Monopoly Short & Long run, Concept of Monopolistic Competition Features of Monopolistic Competition
Text Books
Publisher S.No Title Author
Cengage Learning Principles of Microeconomics Gregory Mankiw a) Publications.
TMH Publishers Ltd., New Economics Samuelson and Nordhaus b) Delhi
Reference Books
Publisher S.No Title Author
Macmillan India Limited, Modern Microeconomics Koutsoyannis a) New Delhi
Managerial Economics Atmanand Excel Books, New Delhi b) R.Glenn Hubbard Macroeconomics Pearson Education c) Anthony Patrick O’Brien
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Class Test Assignment Presentation Mid-Term Exam ESE Weightage (%) 10 10 10 20 50
Program Outcome / Course Outcome mapping
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1014.1 3 3 3 3 3 3 1 C1014.2 3 3 3 3 2 2 1 C1014.3 3 3 3 3 3 3 1 C1014.4 3 3 3 3 3 3 1 C1014.5 3 3 3 3 2 2 1 C1014 3 3 3 3 3 3 1
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLNL1014 – Business Economics-I Programme: BBA. LLB(Hon) Energy Law Semester: I Time: 03 hrs. Max. Marks:100
Instructions: Section A is compulsory (each carrying 2 marks); any Four Questions from Section B (each carrying 5 marks). Any Two Questions from Section C is Compulsory (carrying 15marks). Section D is compulsory (each carrying 15 marks); Section A ( This section is compulsory)
1. A perfectly competitive firm will shut-down if [2] CO3 a. AVC < AR b. AVC > AR c. AVC = MC d. AVC < AC 2. In case of super-normal profit, position of AC curve is [2] CO1 a. Above price line; b. Below price line; c. Tangent to price line; d .Parallel to price line 3. In a perfectly competitive market, a firm in the long run operates at [2] CO2 a. AC = MC b. AR = MR c. MR=MC d. P=AR=MR=AC=MC 4. A profit maximizing monopolist produces a quantity corresponding to a. MR = MC b. P=MC c. P=MR d. P=AR=MR=MC [2] CO4
5. Formation of natural monopoly due to economies of scale is known as; a. A natural barrier; b. A legal barrier; c. A structural barrier; d. An efficiency barrier [2] CO4
For a monopolist firm, slope of AR is 6 [2] CO4 a. Equal to slope of MR; b. Twice the slope of MR; c. Half of the slope of MR; d. Perfectly elastic AR 7 If demand equation is given by D=1000 – P, and the supply equation is given by S = 100 + 4P, price would be [2] CO3 a. P = 160 a. P = 180 c. P = 170 d. P=200
8 Samsung mobile and mobile battery are examples of a. Replacement and recurring demand; b. Short term and long term demand; c. Consumer durables; d. [2] CO3 Derived and direct demand. 9 Which of the following is not long run concept? [2] CO5 a. Expansion path b. Isoquant c. Economies of scale d. Law of variable proportions 10 Which of the following is valid for liner indifference curves a. Goods are perfect complements b. goods are perfect substitutes [2] CO1 c. MRS for such curves is an increasing ratio d. MRS for such curves is in decreasing ratio
SECTION B (Attempt any four Questions) 11. Define ‘Marginal rate of substitution’. [5] CO4
12. Distinguish between short run cost and long run cost. [5] CO2
13. Can two isoquants intersect each other? Why? [5] CO5 14. State ‘laws of diminishing returns in terms of labor and land. [5] CO1 15. Define returns to scale. [5] SECTION C Long Answer type questions (Answer any two)
15. Define and explain the concept of ‘economies of scale’ with appropriate example. [15] CO4
16. Is there some difference in ‘decrease in demand’ and ‘contraction in demand’? Explain with the [15] help of diagram. CO3
17. State the relationship between average cost and marginal cost [15] CO4 Section-D [30] This section is compulsory
18. Compare the assumptions and profit maximization of monopoly with perfect competition. Explain the difference with the help of diagram. [15] CO2
CLNL 1013 History II (History of Courts and Legal Profession in India) Version 1.0 Pre-requisites/Exposure Co-requisites -- Course Objectives
This course intends to:
C1013.1 Introduce the student to the history of India legal and its significance in the present legal sysytem.
C1013.2 Apprise the students about the development of the judicial institutions, as well as the growth of legislative, political and administrative structures and processes in India in the background of colonial rule.
C1013.3 Enlighten the students with the Constitutional development in India as well as the history of legal education and the legal profession.
C1013.4 To provide students with the analytic skills and factual knowledge necessary to deal critically with the problems of present day legal system.
Course Outcomes On completion of this course, the students will be able to: 1. Demonstrate knowledge of key historical facts, values, and legal institutions that have shaped Indian legal history. 2. Identify major developments in the history of legal institutions and law. 3. Demonstrate comprehension of basic historical legal developments in Indian scenario. 4. Analyse secondary sources and identify various approaches to historical interpretation through critical reading.
Catalog Description The history of the legal profession in India can be traced back to the establishment of the First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was placed in the hands of the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal practitioners. The Legal Profession is an important limb of the machinery for administration of justice. Without a well- organized profession of law, the courts would not be in a position to administer justice effectively as the
evidence in favour or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court.
Course Content
Unit I: 18 Lecture hours ADMINISTRATION OF JUSTICE IN PRESIDENCY TOWNS
I. East India Company Settlements: Surat, Madras, Bombay and Calcutta II. Mayors Court of 1726 to Supreme Court of 1774 III. Statutes: Pitts India Act, 1784, The Act of Settlement 1781 IV. Conflict: Raja Nand Kumar, Kamaluddin, Patna Case and Cossijurah V. Development of Adalat System and Civil Law in Moffusil: Law applicable to Non-Hindus and Muslims; Justice Equity and good conscience.
Unit II: 4 Lecture hours JUDICIAL REFORMS
I. Warren Hastings: Judicial Plan of 1772, 1774 and 1780 II. Lord Cornwallis: Judicial Plan of 1787, 1790, and 1793 III. Lord William Bentick (with special focus on Appraisal of Criminal Law), IV. Judicial Reforms 1835-1858.
Unit III: 4 Lecture hours CHANGES IN THE INDIAN JUDICIAL SET UP UNDER THE CROWN. I. Establishment of High Courts II. Privy Council III. Evaluation of Privy Council with special reference to Racial Discrimination. IV. Federal Court V. Supreme Court Unit IV: 5 Lecture hours EVOLUTION OF LAW I. Development of Personal Laws
II. Codification of Laws: III. First Law Commission IV. Second Law Commission V. Third Law Commission VI. Fourth Law Commission VII. Fifth Law Commission
Unit V: 17 Lecture hours DEVELOPMENT OF LEGAL PROFESSION IN INDIA
I. Legal Profession established under Charter of 1774 II. Legal Practitioners Act,1853 III. Provisions for the enrolment of the Advocates under letters patent issued High Courts under the Indian High Courts Act, 1861 IV. Legal Practitioners Act 1879 and the report of Indian Bar Committee, 1923 V. Indian Bar Councils Act, 1926 and All India Bar Committee. VI. Advocates Act 1961 and Legal Education in India
Text Books 1. C. IIbert , The Government of India , Oxford: Oxford University Press, 1922 2. M.P. Jain Constitutional Law of India, 2014, 7th Edition Lexis Nexis 3. M.P. Jain, Outlines of Legal and Constitutional History, 2104, Lexis Nexis 4. Legal and Constitutional History of India : Action legal, judicial and constitutional system, 2008, Universal Law 5. A.B Keith., A Constitutional History of India : 1600-1935, 10th Edition Pacific Publication 6. V.D. Kulshreshth’s Landmarks in Indian Legal History, 2016, 11th Edition, Eastern, Book Company, Lucknow)
Reference Books 1. Eric Stakes The English Utilitarian and India (1992) (Oxford ,Delhi) 2. T Roy, &, A. V Swamy, (2016). Law and the Economy in Colonial India. University of Chicago Press. 3. V. P Menon, (2015). Transfer of Power in India. Princeton University Press. 4. T. R Metcalf, (2015). Aftermath of Revolt: India 1857-1970. Princeton University Press.
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal Mid End Term Examination ESE Assessment Semester Weightage 30% 20% 50% 100% (%)
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage Test I -10 Report / Test II-10 Viva /PPT
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1013.1 3 3 3 1 3 2 3 3 3 C1013.2 3 3 3 1 3 1 3 2 2 C1013.3 3 3 3 2 3 2 3 3 3 C1013.4 3 3 3 2 3 2 3 3 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: BA.LL.B. (Hons.) Energy Laws History II (History of Courts and Legal Profession in India) Semester: II
Programme: BA.LL.B. (Hons) Energy Laws II Semester Max. Marks:100
Instructions: Attempt all questions from Section A (10 Marks); Section B (20 Marks). Section C is Compulsory (20 marks), Section D (50 Marks). Section A Memory Based Questions ( 5* 2= 10 Marks) 1. High Court’s Act of 1861 [2] CO2 2. Lex Loci report passed by first law commission [2] CO3 3. Patna Case [2] C01
4. Presidency town of Calcutta [2] C01
5. Regulating Act 1773 [2] CO2
SECTION B Descriptive Questions
(2 question*10 Marks -20 marks)
6. Discuss the trial of Nand Kumar [10] C04
7. Explain the Charter of 1726? [10] CO3 Section C Analytical questions (2 question *10 Marks -20 marks)
8. Administration of justice in Presidency town of Madras [10] CO1
9. Judicial reforms of Warren Hastings [10] CO3
Section D All Questions are compulsory Application based questions/ Case study (2 questions *25 marks-50 marks)
10. Problem Based Question 25 C04
11. Problem Based Question 25 C04
CLCC1004 L T P C Version 1.0 4 4 Pre-requisites/Exposure Law of Contracts II Co-requisites --
Course Objectives
1. To enable students in understanding the core areas of Contract law including the concept of virtual concept. 2. To enable students in developing analytical skill with respect to the special contracts and learn the applicability of contract principles to e-commerce model.
3. To develop ethical and moral understanding associated with the special contracts, in their career.
Course Outcomes
On completion of this course, the students will be able to
C1004.1: Students will have strong conceptual knowledge in core areas of Contract law including the concept of virtual concept.
C1004.2: The students will be able to explain the fundamentals and the essential elements specific kind of Contracts
C1004.3: Students will be able to integrate functional knowledge with specialized capabilities to implement comprehensive solutions to Contractual legal problems.
C1004.4: Students will effectively apply their learnings to evaluate legal developments and evolve alternative solutions to real world legal issues in the field of commercial law.
C1004.5: Students will demonstrate an ability to research and analyse problems critically using an in depth understanding of socio-economic and techno-legal dynamics in contract law.
Catalog Description In a society wherein all major ventures are based upon contractual relationship, a law student should acquaint himself with the knowledge of special contracts apart from equipping himself with the general principles of Contract Law.
Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Interactive approach is to be followed during the course of learning
Course Content It has 5 modules which are as follows:
MODULE I: Contract of Indemnity and Guarantee: Indian Contract Act, 1872 1.1. Definition of Indemnity
1.2. Rights of Indemnity holder and liability of the Indemnifier 1.3. Definition of Guarantee 1.4. Essential characteristics of contract of Guarantee 1.5. Distinction between contract of indemnity and contract of guarantee 1.6. Kinds of guarantee 1.7. Rights and liabilities of surety 1.8. Discharge of surety
MODULE II: Contract of Bailment and Pledge: Indian Contract Act, 1872
2.1 Bailment –Definition 2.2 Essential requisites of Bailment 2.3 Kinds of Bailment 2.4 Rights and Duties of Bailor and Bailee 2.5 Termination of Bailment 2.6 Pledge- Definition 2.7 Rights and duties of Pawn or and Pawnee 2.8 Pledge by Non Owners.
MODULE III: Contract of Agency: Indian Contract Act, 1872
3.1 Definition of Agent 3.2 Creation of Agency 3.3 Rights and duties of Agent 3.4 Delegation of authority 3.5 Personal liability of Agent 3.6 Relationship of Principal with Third parties 3.7 Termination of Agency.
MODULE IV: Contract of Partnership: (The Indian Partnership Act, 1932)
4.1 Definition and nature of Partnership 4.2 Formation of Partnership 4.3 Test of Partnership 4.4 Partnership and other associations 4.5 Registration of Firm 4.6 Effect of non registration 4.7 Relation of Partners 4.8 Rights and duties of Partners 4.9 Properties of the Firm 4.10 Relation of Partners to third parties 4.11 Implied authority of a partner
4.12 Kinds of partners 4.13 Minor as partner 4.14 Reconstitution of a firm 4.15 Dissolution of firm.
Module V: Sale of Goods Act, 1930
5.1 Formation of Contract 5.2 Contract of Sale 5.3 Conditions and Warranties 5.4 Caveat Emptor 5.5 Passing of Property 5.6 Sale of Specific Goods and Unascertained Goods 5.7 Sale on Approval 5.8 Transfer of Title 5.9 Performance of Contract 5.10 Stoppage in Transit 5.11 Rights and duties of Seller and buyer before and after sale 5.12 Rights of unpaid seller.
TEXTBOOKS: P C Markanda, THE LAW OF CONTRACT, Vol. II, 1st ed. (Nagpur: Wadhwa and Company, 2006). Anirudh Wadhwa (Ed.), MULLA THE INDIAN CONTRACT ACT BY SIR DINSHAH FARDUNJI MULLA, 13th ed. (Nagpur: LexisNexis Butterworths Wadhwa, 2011). Avtar Singh, Law of Contract, Eastern, Lucknow, Eighth Edition.
REFERENCE BOOKS R G Padia (Ed.), POLLOCK AND MULLA INDIAN CONTRACT AND SPECIFIC RELIEF ACTS, Vol II, 13th ed. (NewDelhi: LexisNexis Buterworths, 2006). J Beatson (Ed.), ANSON’S LAW OF CONTRACT, 28th ed. (New York: Oxford University Press, 2001). K Sukumaran (Ed.), POLLOCK AND MULLA THE INDIAN PARTNERSHIP ACT, 6th ed. (New Delhi: LexisNexis Butterworths, 2002). Avtar Singh, INTRODUCTION TO PARTNERSIP, 10th ed. (Lucknow: Eastern Book Company, 2011). Avtar Singh, LAW OF PARTNERSHIP, 3rd ed. (Lucknow, Eastern Book Company, 2001). G C Bharuka (Ed.), POLLOCK AND MULLA THE SALE OF GOODS ACT, 7th ed. (New Delhi: LexisNexis Butterworths, 2007). Avtar Singh, PRINCIPLES OF THE LAW OF SALE OF GOODS AND HIRE PURCHASE, 6th ed. (Lucknow: Eastern Book Company, 2005) Paul Dobson, SALE OF GOODS AND CONSUMER CREDIT, 5th ed. (Delhi: Universal Law Publishing Co. Pvt. Ltd., 1996)
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Exam Examination
Weightage (%) 30% 20% 50%
Internal Examination Components Quiz/Class Assignment/ Project Work Subject Attendance Total 100 Test/ Snap Case Court Room Grand Viva Marks Test Comment Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1004.1 3 3 2 - 3 - - 3 2 2 C1004.2 2 3 3 1 - - - 3 2 - C1004.3 3 2 1 3 2 - - 3 2 3 C1004.4 3 3 2 3 3 - - 3 2 2 C1004.5 3 3 3 3 2 - - 3 2 2 C1004 3 3 2 2 2 - - 3 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped Model Question Paper
Name:
Enrolment No:
Course: Contracts Law II Programme: BBA-LLB-Sz-CL Semester: II Time: 03 hrs. Max. Marks:100
Instructions: Attempt all questions from Section A (each carrying 2 marks); Section B (each carrying 5 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory. Section A
Write short notes on all four :
(1) Pledge by non-owners (2) Transfer by sample C1004. 2x5 (3) Implied authority of a partner 1 (4) Partnership and Joint Hindu Family (5) Hire purchase agreement
SECTION B Q.1 Examine the scope of a surety’s right of subrogation under ss. 140 and 141, ICA? [5] C1004. 2 Q. 2Conceptually analyze what amounts to the ‘property’ of a firm, including the ways in which C1004. [5] such property is said to be acquired. 3 Q. 3 ‘A’ contracts with B for a fixed price to construct a house for B within a stipulated time. B would supply the necessary material to be used in the construction. C guarantees A’s performance C1004. of the contract. B does not supply the material as per the agreement. Is C discharged from his [5] 5 liability?
Q4. A hire a carriage of B and agrees to pay Rs.500 as hire charges. The carriage is unsafe, though B is unaware of it. A is injured and claims compensation for injuries suffered by him. B C1004. [5] refuses to pay. Discuss the liability of B 2
SECTION C Q. 1 Why does sec. 30, Sale of Goods Act, provide an exception to the nemo dat quod non habet [10] C1004. rule? Should it be read to be applicable to any person who continues to remain in possession of 3 goods (in whatever capacity) or should possession for the purposes of this section be interpreted narrowly?
Q2. What amounts to “variance” in the terms of a contract, so as to discharge a surety in a contract [10] C1004. of guarantee (s. 133, ICA)? Examine situations where variance does and does not lead to 3 discharge, and analyse whether a consistent standard may be deduced for the same.
SECTION D
Q1. A, B and C are partners in a partnership business. ‘C’ retires without giving a public notice. C1004. ‘D’ an old customer deals with firm without notice of change. ‘D’ wants to hold ‘C’ also liable. 4 Decide.
Q2. ‘A’ stands surety for ‘B’ for any amount which ‘C’ may lend to B from time to time during C1004. the next three months subject to a maximum of Rs.50,000. One month later A revokes the 4 guarantee, when C had lent to B Rs.5,000. Referring to the provisions of the Indian Contract Act, 1872 decide whether ‘A’ is discharged from all the liabilities to ‘C’ for any subsequent loan.
What would be your answer in case ‘B’ makes a default in paying back to ‘C’ the money already [10] borrowed i.e. Rs.5,000?
Q3. Sunil delivered his car to Mahesh for repairs. Mahesh completed the work, but did not return [10] C1004. the car to Sunil within reasonable time, though Sunil repeatedly reminded Mahesh for the return 4 of car. In the meantime a big fire occurred in the neighborhood and the car was destroyed. Decide whether Mahesh can be held liable under the provisions of the Indian Contract Act. 1872
Q4. Rupinder has just developed a new medical product that can cure baldness and wishes to set [10] C1004. up a business venture. Rupinder’s mother wants to invest £30,000 into the business, but does not 4 want to be involved in the management of the business nor its day to day operations. In addition, Max and Damien, Rupinder’s friends from college, are keen to invest £5,000 each in the new business. However, in the current economic climate they are concerned about limiting their liability in the event of the business’s failure. Advise Max, Damien and Rupinder’s mother with regard to their rights to participate in the management of the partnership, their potential liability for the debts and obligations of the partnership, and any options they might have to exit the partnership structure. 1. Q5. Mr. Ahuja of Delhi engaged Mr. Singh as his agent to buy a house in West Extension area. [10] C1004. Mr. Singh bought a house for Rs.20 lakhs in the name of a nominee and then purchased it himself 4 for Rs.24 lakhs. He then sold the same house to Mr. Ahuja for Rs.26 lakhs. Mr. Ahuja later comes to know the mischief of Mr. Singh and tries to recover the excess amount paid to Mr. Singh. Is he entitled to recover any amount from Mr. Singh? If so, how much? Explain.
CLNL1015 Sociology L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure 12th level English Co-requisites -- Course Objectives 1. To understand the basic concepts of Sociology. 2. To understand the interface between law and Sociology. 3. To discuss law as dynamic, flexible and integral component of social organization. 4. To help in understanding various major contemporary issues and topics within the framework of sociology of law, and the current theoretical and cultural debates that inform them. 5. To understand the range of sociological theories and concepts that have been applied to the study of law and legal institutions.
Course Outcomes On completion of this course, the students will be able to
C1015.1 Understand key sociological concepts, theories and approaches and their connection to various social and legal issues.Communicate with proper pronunciation. C1015.2 Apply sociological concepts to further their understanding of various socio-legal issues like crime and criminal, addiction and substance abuse, juvenile justice, social disorganisation etc. C1015.3 Assess the impact of social organisation on legal institutions by comparing different societies and their laws. C1015.4 Analyse the sociological implications of various legislations and use it further their understanding of law. C1015.5 Examine and generate possible solutions for various socio-legal issues.
Catalog Description This course focuses on the scientific study of human society, culture, and social interactions. In this course students will learn how to understand and apply basic sociological theory to various legal issues of the day. They will also learn to view society and law objectively to better understand the interplay among individuals, groups, and societies. Topics include nature and scope of sociology and its relation with other social sciences, basic social concepts, social change, social institutions, deviance and its relation to law. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group projects dealing with various socio legal issues and active participation in research through a compulsory research paper to be written by every student which with familiarize them with research methods. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation.
Course Content
Unit I: 7 lecture hours NATURE AND SCOPE OF SOCIOLOGY: Relevance of Sociology for the Study of Law Distinction between Sociology and other Social Sciences: Political Science, History, Economics, Ethics.
Unit II: 10 lecture hours BASIC CONCEPT IN SOCIOLOGY Norms and Values Status and Role Institution: Structure and Function.
Unit III: 17 lecture hours SOCIAL DEVIANCE Factors Facilitating Deviation Cause of Crime Juvenile Delinquency White Collar Crime Alcoholism and Drug Addiction Dowry Penology.
Unit IV: 6 lecture hours SOCIOLOGY OF LAW, LAW AND SOCIAL CHANGE.
Unit V: 8 lecture hours SOCIAL ORGANIZATION AND DISORGANIZATION Concept of Social Organization. Concept of Social Disorganization.
Text Books 1. Mishra. B, Sharma. S (2011) Communication Skills for Engineers and Scientists. PHI Learning Pvt. Ltd. ISBN: 8120337190. 2. Chaturvedi P. D, Chaturvedi M. (2011) Business Communication: Concepts, Cases and Applications. Pearson Education India. ISBN: 8131718727. 3. Greenbaum. Sidney. College Grammar of English. Longman Publishers. ISBN: 9780582285972.
Reference Books
1. Ahuja, R. (1992). Social problems in India. Jaipur: Rawat Publications. 2. Ahuja, R. (2000). Criminology. Jaipur: Rawat Publications. 3. MacIver, R. M., & Page, C. H. (1961). Society: An introductory analysis. New York: Holt, Rinehart and Winston. 4. Rao, C. N. Shankar (2008). Sociology: Principles of Sociology with an Introduction to Social Thoughts. New Delhi: S. Chand & Company. 5. Bartol, A. M., & Bartol, C. R. (2014). Criminal behavior: A psychological approach. Boston: Pearson. 6. Galanter, M., Kleber, H. D., & Brady, K. (Eds.). (2014). The American Psychiatric Publishing textbook of substance abuse treatment. American Psychiatric Pub. 7. McMichael, P. (2011). Development and Social Change: A Global Perspective: A Global Perspective. Sage Publications. 8. Petrosino, A., Turpin‐Petrosino, C., Hollis‐Peel, M. E., & Lavenberg, J. G. (2013). 'Scared Straight'and other juvenile awareness programs for preventing juvenile delinquency. The Cochrane Library. 9. Posner, E. A. (2009). Law and social norms. Harvard university press. 10. Rowland Atkinson. (2014). Shades of deviance : a primer on crime, deviance and social harm. Abingdon, Oxon ; New York :Routledge, 11. Srinivas, M. N. (1995). Social change in modern India. Orient Blackswan. 12. Thompson, W. E., & Bynum, J. E. (2016). Juvenile delinquency: A sociological approach. Rowman & Littlefield. 13. West, R., & Brown, J. (2013). Theory of addiction. John Wiley & Sons.
Modes of Evaluation: Quiz/Assignment/group presentation/Research Paper/ Written Examination Examination Scheme:
Components MSE I Presentation/Research Paper/ ESE Test/Viva etc Weightage (%) 20 30 50
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C1015.1 3 3 3 - 3 2 3 3 3 - C1015.2 3 3 3 1 3 1 3 2 2 - C1015.3 3 3 3 2 3 2 3 3 3 - C1015.4 3 3 3 - 3 2 3 3 3 - C1015.5 3 3 3 2 3 1 3 3 2 -
1=weakly mapped 2= moderately mapped 3=strongly mapped Model Question Paper
Name: Enrolment No:
Course: LLBG 132 – Sociology Programme: B.A. LLB Energy Laws/ Criminal/Labor Laws Semester: EVEN-2018-19 Time: 03 hrs. Max. Marks:100
Instructions: Attempt any FOUR questions in Section A. All the other sections are compulsory. Section A ( attempt any four)
1. Nature of Sociology [2.5] C132.1 2. Processes through which social change is introduced. [2.5] C132.1 3. Reason of difference in social capital between males and females. [2.5] C132.2 4. Mediation [2.5] C132.1 5. Hierarchy of Values [2.5] C132.1
SECTION B is Compulsory 6. What are the basic characteristics of a social institution? [10] C132.1 7. Discuss the causes of Social Disorganisation. [10] C132.1
SECTION C is Compulsory 8. Discuss Jellineck’s Model for an Alcoholic. [10] C132.2
9. Discuss the various causes of crime. Analyse how deviation is important in the society. [10] C132.2
SECTION D is Compulsory
10. Analyze the causes of Substance Abuse using any three theories of deviance. Highlight the [15] C132.2 strengths and weaknesses of each. Discuss how these conclusions can be used offer remedial & programs and legislations. C132.5 11. Without Values, Norms have no ground to stand on. Discuss this statement, highlighting the [15] C132.3 relationship between them and how different legal systems are influenced by cultural values of a society. 12. White Collar Crime remains to be satisfactorily defined. Discuss the implications of this statement [10] C132.4 on legislation for such crimes. Also critically analyze any 5 ways to conceptualize the concept. 13. Substantiate Law’s claim to authority in the society. [10] C132.4
CLPP2104 Trial Advocacy L T P C Version 1.0 0 0 0 1 Pre-requisites/Exposure Basic understanding of law and procedure Co-requisites --
Course Objectives
1. The idea of this paper is primarily to impart skill based education in the field of law. It is a clinical paper which focusses on the court room exercise of various laws particularly the procedural laws.
2. While in a moot court the emphasis is more on a substantive law in trial advocacy the major thrust is on the procedural aspects. The procedural law supplements the substantive law by providing the scheme for the enforcement of substantive rights and the remedies available.
3. Our criminal justice system is based on the presumption of innocence. Not all people who are sent up for trial are guilty of the offences with which they are charged and thus the students ought to know how to defend ones client. Also they should know about the provisions for fair trial of the accused person.
4. Duty therefore has been cast upon the courts of deciding as to whether the person charged with an offence is actually guilty or not. The procedure which governs the court proceedings before it arrives at that conclusion has to be such as is fair, inspires confidence at the same time is not such as provides a wide escape route for the guilty. Thus the students ought to know about the court procedure, how to prosecute and defend. Also the students ought to know about the basic traits of civil practise.
5. The objective is thus to inculcate among the students the skills of trial advocacy.
Course Outcomes On completion of this course, the students will be able to
C 2104.1 Students would be acquainted with the procedural aspects of the criminal and civil law and would prepare the students to take up and learn the nuances of trials.
C 2104.2 Students will understand the examination of witnesses. After the study of the subject, the students will become equipped to take on the challenges of litigation.
C 2104.3 Students would be skilled enough to understand the traits of Civil as well as Criminal practice.
C 2104.4 The students would be having the idea of the hierarchy and jurisdiction of the Criminal and civil courts in India.
Catalog Description
Trial advocacy is a clinical paper to fill in the gaps in the learning process. Largely the law courses are theoretically delivered and are evaluated by written exam. Clinical courses aim at imparting learning by doing. In the moot exercises the evidence stage of trial is generally missed however, it’s a very important part of the trial. In the course initially the students are given some lectures on very practical and essential components of trial eg jurisdiction, evidence, examination etc. after this they are given a proposition of trial which is basically a case like moot court. After this the students submit their written memorials followed by oral presentations. In the presentation part students examine the witnesses and are evaluated on that basis. This course plays a very important role in the learning of lawyering skills. It adds to communication skills, brushes up the fundamentals of the relevant law and prepares them on the application part of the law. The course is given is 1st year which may make it slight difficult to deliver but once completed, it helps in developing an application oriented approach in the students for the courses taught after this.
Course Content Unit I: 2 lecture hours
Introduction to Trial advocacy Object Scope and purpose of Trial Advocacy Kinds of Trial Stages of Criminal Trial Stages of Civil Trial
Unit II: 2 lecture hours
Understanding the Skills of Trial advocacy Burden of Proof and Onus of Proof Witnesses Examination in chief, Cross Examination, reexamination Trial by Court of Session Trial by a magistrate
Unit III: 8 lecture hours
Court Room Practice Cinical Trials
Text Books It’s a purely clinical course; so no text book can be referred, several procedural law subjects and their reference material would be relevant and sufficient. Reference Books 1. R.V. Kelkar,Criminal Procedure, 5th Edn. 2008, Eastern Book Co. Lucknow 2. Lectures on Criminal Procedure by K.NC Pillai, Eastern Book Co. Lucknow 3. Ratanlal and Dhirajlal: The Code of Criminal Procedure, 20th Edn. Reprint 2011. Wadhwa & Co. 4. Batuk Lal, Commentary on Code of Criminal Procedure, New Delhi 5. Prof. S.N. Mishra: The Code of Criminal Procedure, 18thEdn.2012, Central Law Agency. 6. Shailedra Malik, The Code of Criminal Procedure Code, 18th edition, 2011, Allahabad
law 7. Batuk Lal, Indian evidence Act, 8. Justice Monir, Indian evidence Act 9. K D Gaur, Indian Penal Code Modes of Evaluation: Written submission plus court room presentation Examination Scheme:
Components ESE Written submission Court room presentation Weightage (%) 100 40 60
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 PSO4 PSO5 C 2104.1 3 3 3 - 3 2 3 2 2 3 3 - C 2104.2 3 3 3 1 3 1 3 2 2 3 3 - C 2104.3 3 3 3 2 3 2 3 2 2 3 3 - C 2104.4 3 3 3 - 3 2 3 2 2 3 3 -
1=weakly mapped 2= moderately mapped 3=strongly mapped
CLNL 1011 L T P C General English II Version 1.0 2 0 0 2 Pre-requisites/Exposure 12th level English Co-requisites -- Course Objectives 6. To impart the correct practices of Email writing & effective networking skills 7. To provide basic understanding of Research Paper writing and its execution 8. To underline the significance of acquiring right language skills through literature. 9. To impart effective presentation skills
Course Outcomes On completion of this course, the students will be able to
C1011.1Apply the correct practices of Email writing & effective networking skills. C1011.2Develop meaningful abstracts and bio-briefs, Explain different stages of a research paper and apply appropriate and accurate referencing styles. C1011.3 Enrich their vocabulary and language skills through literature. C1011.4 Acquire and demonstrate the effective presentation skills with confidence and poise.
Catalog Description Effective communication is an integral part of life. It is a process of exchanging ideas, messages, information etc. through verbal or nonverbal communication. This course focuses on written, oral, verbal and nonverbal attributes of communication. Besides polishing these communicative skills, students are also taught to make effective use of communication for professional networking. Students will also learn to use the language as an effective tool to express the information precisely and in a concise manner through practice exercises on e-mail writing, they will also learn how to draft perfect abstracts, bio-briefs, research papers and reports. A portion of literature has been included to make the language acquisition and enrichment interesting with plays, novels and stories. The course also consists of nuances of presentation skills, which will help the students to create impeccable presentations and to carry them out in an effective manner. LSRW skills, i.e. listening, speaking, reading and writing. Students will learn how to communicate effectively though prescribed syllabus as well as through Pearson Global English solutions. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.
Course Content
Unit I: Technology Integrated Communication-5 Sessions 5 lecture hours 1.1. E-mail @ Work Do’s & Don’ts of Email Writing Coping with Email overload Netiquette Indianisms in Email Writing 1.2. Professional Networking on LinkedIn Networking for Professional Growth Job search & Professional Networking Networking in the Twenty-First Century
LinkedIn for Professional Networking
Unit II: Research Paper Writing Skills – 5 lecture hours Legal Research Paper/ Article Writing Abstract Writing Bio-brief Legal Research Paper Drafting, Planning, Structure and Content. Referencing Styles (The blue book)
Unit III: Legal Language through Literature (Selective) -3 lecture hours Choose any one of the given texts: John Grisham’s ‘The Summons’ Mahashweta Devi’s story ‘Draupadi’ on Gender Inequality Play ‘Justice’ by John Galsworthy George Bernard Shaw Arms and the Man William Shakespearean Plays: The Merchant of Venice ‘Trial Scene’/ Othello/ Macbeth/ Julius Caesar Agatha Christie Novels: The Murder of Roger Ackroyd (1926) Play ‘Final Solutions’ by Mahesh Dattani ‘The Trial of Bhagat Singh’ Biography/Autobiography of Martin Luther and Nelson Mandela Play ‘The Refund ’ by Fritz Karinthy ‘A Marriage Proposal’ by Anton Chekhov Unit IV: Effective Presentation Skills -11 Lecture Hours Student presentations based on a pool of topics shared Defining the purpose of a Presentation Preparing an outline Organizing content Role of paralinguistic features in presentation
Text Books 1. Model Business Letters, Emails and other Business Documents – Shirley Taylor, 7th Edition- Pearson (2012) 2. Online Communication Strategies for Managers – Smeeta Mishra & Mathukutty M Monippally, McGraw Hill Education(India)Pvt Ltd(2014) 3. Maximum Success with Linkedin – Dan Sherman, McGraw Hill Education (India)Pvt Ltd (2014) 4. 2009, Suzanne E. Rowe. The Author is an Associate Professor and the Director of Legal Research and Writing at the University Of Oregon School Of Law. 5. 29 Stetson L. Rev. 1193 (2000). 6. Brill, supra n. 1, at 17 (noting that “analysis is inherent in writing”); 7. 76 Neb. L. Rev. 561, 562 (1997) (arguing that communication is inseparable from analysis); 5. University Skills 8. Development Series, 47 J. Leg. Educ. 280, 280 (1997) (book review) 9. Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook: Analysis, Research, and Writing 73–74, 199–200, 286–287, 354–355 (4th ed., Aspen Publishers 2006) 10. To kill a mocking bird Author - Harper LEE – Publisher: ARROW Publication: 2015
11. The Merchant of Venice Author – William Shakespeare Publisher: Maple Press Publication: 2013 12. The Summons Author: John Grisham Publisher: Random House Publication: Edition: 2011 13. The Trial of Bhagat Singh Author: A. G. NOORANI Publisher: Oxford University Press Publication: 2005 14. Refund Author: Fritz Karinthy Publisher: Samuel French Publication: 1938 15. Effective Presentation - Ros Jay and Antony Jay. 16. Basic Business Communication -Pg : 432 - 448, Lesikar and Flatley.
Reference Books 1. Business Communication-Pg : 99 - 110, K.K.Sinha. 2. Online Communication Strategies for Managers – Smeeta Mishra & Mathukutty M Monippally, McGraw Hill Education(India)Pvt Ltd(2014) 3. Laurel Currie Oates & Anne Enquist, The Legal Writing Handbook: Analysis, Research, and Writing 73–74, 199–200, 286–287, 354–355 (4th ed., Aspen Publishers 2006) 4. Business Correspondence & Report writing - R.C Sharma and Krishna Mohan.
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal Mid term Exam End Term Exam Assessment Weightage (%) 30% 20% 50%
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes Apply the correct practices of Email writing & effective networking C1011.1 skills. 2,3,6,7,8,9 To draft abstracts and bio-briefs, C1011.2 2,3,6,7,8,9 Understand of the different stages and proper layout of a research paper 2,3,6,7,8,9 C1011.3 and apply appropriate and accurate referencing styles.
Enrich vocabulary and language skills through literature. C1011.4 2,3,6,7,8,9 . Acquire and demonstrate the effective presentation skills with C1011.5 2,3,6,7,8,9 confidence and poise
economic -
trate logical ability will be able to be able will integrate strong Students will have conceptual core areas in ofknowledge law. Students functional knowledge efficiently ofthe law applyeffectively Students will their legal evaluate to learnings developments demonsStudents will problems critically analyse to using an in understanding sociodepth of proceduralpossess and Students will knowledge, and use practical will logical, demonstrate desirable Students will facilitate to sustainable qualities develop towardsStudents will sensitivity in issues moral arising ethical, and social exhibit Students will commitment, networkingleadership, and teambuilding exhibit lifelongStudents will learning essential in excel to world. skills legal Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8 PO9
CLNL 1011 General English II 1 2 2 2 2 3 3 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES Mid Semester Examination, March 2018 Programme: BALLB ENERGY LAWS Semester – II Course Name: General English-II Max. Marks : 100 Course Code: CLNL1011 Duration : 2 Hrs No. of page/s: 04
All questions are compulsory Section-A
I. State the following statements (True/False) regarding LinkedIn: the professional networking site (7M) a) It is not important to send personalized invitations to join your network on LinkedIn b) If you are not looking for a job, 50 LinkedIn connections are probably enough. c) You can find out who has checked out your LinkedIn profile. That is not confidential. d) Do not post work samples. It is viewed as egotistical. e) The time to seriously improve your LinkedIn profile is when you are unemployed.
f) If you are not looking for a job, 50 LinkedIn connections are probably enough. g) No need to create a customized URL for your LinkedIn address.
II. Put the following paragraphs of the email in the correct order (7M)
A Anne Kennedy Bookings Officer Ramada Hotel
B I can now confirm that the Company Strategy meeting will take place on 22 September at 9.00 am in the Ramada Hotel.
C Kind regards
D If you have any further questions or special requirements, please do not hesitate to contact me.
E With regards to your phone call this afternoon,
F Dear Mr. Reagan
G I would appreciate it if you would confirm whether you need overnight
accommodation.
III. Rewrite the extracts from emails in a more informal way. Use the phrasal verbs in bold given in brackets (3x2:6M)
a) I have noticed a few problems with your quality control report. Please would you come to my office at your earliest convenience so that I can review the correct procedure with you.(drop by / go over)
b) I’m sorry to disappoint you, but I won’t be able to assist you in your project after all. (let down / help out) c) The management have investigated the possibility of you moving from Human Resources to Finance, but due to staff shortages, we require you to remain in your current position for the time being. (look into/stick to)
Section-B
IV. Go through the following email summaries carefully and write a subject line for each of following mail summaries given below (4x5: 20M) a) A question about what time the test is on Friday, explaining that you lost your printed schedule. b) An email to a book supplier. Your company has run out of stock of a popular book, Fun Language Exercises, and you need to order more copies urgently, to fulfil increasing orders from customers c) An email delivering a final report that you have completed, requested by the Chief of Operations two days ago. You have studied the results of a recent product trial, and have presented your findings with tables, graphs, and detailed conclusions. d) A question about whether or not children are allowed to play ball games in the communal play area. You have seen children playing near the building, and fear that they might break the windows.
e) An email answering a colleague’s request that you swap shifts next Tuesday. You wish to suggest switching for your Wednesday shift, so that you can attend to a scheduled seminar.
V. You are a regional sales manager for an international company. You have been asked to go to a meeting at your company’s head office. You cannot go, so somebody else will go in your place. (10M) Write an e-mail to Erica Young, who is organizing the meeting: apologizing for not being able to go to the meeting explaining why you cannot go saying who will go.
ection-C
VI. State the following statements are True or False (1x10:10M)
a) An abstract contains annotations and definitions. b) A literature review should simply be a “recap” of one article after another. c) As a student, when writing a research project, it is best to keep the topic very broad. d) Peer-reviewed means that research has been reviewed and evaluated by experts in the field before it is published. e) If a statement is not something that is common knowledge, then the information should be “backed up” by a credible source. f) Using “emotion” words to try and make a point is a good practice for academic writing. g) When writing a research paper, the use of slang is very appropriate. h) When providing an “in text” citation, the period (.) goes before the citation. i) In academic writing, it is best to write in past-tense verb usage. j) Plagiarism is avoided by citing the resources that have been borrowed.
VII. Give a headline for yourself and write a brief summary about yourself in not more than 100 words for your online LinkedIn profile (3+10: 13M)
Section-D
VIII. You would like to pursue your postgraduate program at a reputed university in the US. As a part of the admission requirement, you are required to send in your bio-brief in about 300 words. Assume the necessary details and write the bio-brief. (10M)
IX. Develop an abstract based on the following write-up. Give a suitable title and 5 keywords at the end of your abstract. (8+2+2:12M)
Today man is able to send and receive any form of data may be an e-mail or an audio or video just by the click of a button but did he ever think how securely his data id being transmitted or sent to the other person safely without any leakage of information?? The answer lies in cyber security. Today Internet is the fastest growing infrastructure in everyday life. In today’s technical environment, many latest technologies are changing the face of the mankind. But due to these emerging technologies we are unable to safeguard our private information in a very effective way and hence these days cyber-crimes are increasing day by day.
Today more than 60 percent of total commercial transactions are done online, so this field required a high quality of security for transparent and best transactions. Hence, cyber security has become a latest issue. The scope of cyber security is not just limited to securing the information in IT industry but also to various other fields like cyber space etc.
Even the latest technologies like cloud computing, mobile computing, E-commerce, net banking etc also needs high level of security. Since these technologies hold some important information regarding a person, their security has become a must thing. Enhancing cyber security and protecting critical information infrastructures are essential to each nation's security and economic wellbeing. Making the Internet safer (and protecting Internet users) has become integral to the development of new services as well as governmental policy. The fight against cyber-crime needs a comprehensive and a safer approach. Given that technical measures alone cannot prevent any crime, it is critical that law enforcement agencies are allowed to investigate and prosecute cyber-crime effectively. Today many nations and governments are imposing strict laws on cyber securities in order to prevent the loss of some important information. Every individual must also be trained on this cyber security and save themselves from these increasing cyber crimes
Cyber-crime is a term for any illegal activity that uses a computer as its primary means of commission and theft. The U.S. Department of Justice expands the definition of cyber-crime to include any illegal activity that uses a computer for the storage of evidence. The growing list of cyber-crimes includes crimes that have been made possible by computers, such as network intrusions and the dissemination of computer viruses, as well as computer-based variations of existing crimes, such as identity theft, stalking, bullying and terrorism which have become as major problem to people and nations. Usually in common man’s language cyber-crime may be defined as crime committed using a computer and the internet to steel a person’s identity or sell contraband or stalk victims or disrupt operations with malevolent programs. As day-by-day technology is playing in major role in a person’s life the cyber-crimes also will increase along with the technological advances.
Computer security is a vast topic that is becoming more important because the world is becoming highly interconnected, with networks being used to carry out critical transactions. Cyber-crime continues to diverge down different paths with each New Year that passes and so does the security of the information. The latest and disruptive technologies, along with the new cyber tools and threats that come to light each day, are challenging organizations with not only how they secure their infrastructure, but how they require new platforms and intelligence to do so. There is no perfect solution for cyber-crimes but we should try our level best to minimize them in order to have a safe and secure future in cyber space.
X. Answer any one of the following (5M)
a) A short note on primary and secondary sources of research with examples. b) Briefly explain the research process with a flow chart. c) The Do’s and Don’ts while writing an abstract.
Course Code: CLNL 2001 Business Economics II L T P C Version 1.0 3 0 0 3 Pre-requisites/Exposure 12 th Standard Economics Co-requisites
Course Objectives 6. To understand the functioning of economy at the macro level. 7. To Understand how the economy is regulated through monetary and fiscal policies. 8. To study the important indicators of the economy and their significance.
Course Outcomes On completion of this course, the students will be able to: CO1.conceptually explain and analyze the macroeconomic concepts .
CO2. analyze and apply the circular flow of income and expenditure.
CO3. Analyze, apply and integrate the income determination through classical and Keynesian economics.
CO4. Analyze , apply and integrate the role fiscal and monetary policies in regulating economy..
Catalog Description: Macroeconomics is a basic subject of Economics. It is required to understand the major economic phenomena at the national and international levels. It would cover the concepts like measuring the economic performance of the economy, determinants of economic performance, fiscal policy , monetary policy, trade policy, etc.
Course Content Module 1: Introduction to Macroeconomics -4 Lecture hours Module 2: Measuring National Income and Output- 4 lecture hours Module 3: Consumption and Investment- 5 lecture hours Module 4: Unemployment and Inflation. -5 lecture hours Module 5: International Trade, Comparative Advantage and Protectionism.- 5 lecture hours Module 6: The Balance of Payments and Exchange Rates. -4 lecture hours Module 7: Globalization. Long-Run and Short-Run Concerns: Economic Growth, Productivity- 4lecture hours Module 8: Evolution, Functions and Role of WTO- 5lecture hours
Text Books 1. David Colander, Macroeconomics, ISBN -13:9789352605514, McGraw-Hill Education, 2017 2. Dornbusch, Fischer and Startz, Macroeconomics, McGraw Hill, 11th edition, 2010. 2. N. 3. Gregory Mankiw. Macroeconomics, Worth Publishers, 7th edition, 2010. 4. Olivier Blanchard, Macroeconomics, Pearson Education, Inc., 5th edition, 2009. 5. Richard T. Froyen, Macroeconomics, Pearson Education Asia, 2nd edition, 2005. 6. Andrew B. Abel and Ben S. Bernanke, Macroeconomics, Pearson Education, Inc., 7th edition, 2011. 7. Errol D‘Souza, Macroeconomics, Pearson Education, 2009.
8. Paul R. Krugman, Maurice Obstfeld and Marc Melitz, International Economics, Pearson Education Asia, 9th edition, 2012
Reference Books 1. Getting India Back on Track by Bibek Debroy Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components MSE IA ESE Weightage 20 30 50 (%) Case Presentation (30 Marks) Online Assignments (40 Marks) Quiz (30 Marks)
Program Outcome / Course Outcome mapping
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C112.1 3 3 3 3 3 3 1 C112.2 3 3 3 3 2 2 1 C112.3 3 3 3 3 3 3 1 C112.4 3 3 3 3 3 3 1 C112.5 3 3 3 3 2 2 1 C112 3 3 3 3 3 3 1
1 – Weakly mapped 2 – Moderately mapped 3 – Strongly mapped Model Question Paper
Name: Enrolment No:
Programme Name: BA, LLB( Hon.) Energy Law Semester III
Subject : Business Economics II M.Marks: 100
Subject code: BBCE 112 Duration: 3 Hrs
Instructions :
a) There are three sections. All sections are Compulsory.
b) Use hypothetical examples and graphs wherever necessary.
Section A ( attempt all)
1. GNP deflator [8] CO1
2. Producer Price Index [8] CO1 3. National Income at Factor Cost [8] CO1 4. Disposable income [8] CO1 5. Transfer Payments CO2, [8] CO1 SECTION B (Attempt any Two Questions) 1. Year 2015 Year 2016 Year 2017 50 Bananas@ Rs. 1 60 [email protected] 65 [email protected] 75 [email protected] 70 [email protected] 80 [email protected] CO1,C [10] 125kg Wheat@ Rs. 5 130Kg wheat@ Rs. 6 130Kg wheat@ Rs. 7 O2
150 kg Rice@ Rs. 7 155kg [email protected] 160kg Rice@ Rs. 8
Calculate the Real GDP for years 2016 and 2017 by taking year 2015 as base year. Also calculate the Real GDP growth rates .
2. Injections and leakages are used to regulate the economy. What kind of injections would you uses in a CO1,C situation when the economy is in recession? Critically explain with the help of circular flow of income and O2, [10] expenditure graph. CO3, CO4 3. What are the advantages and disadvantages of fixed and flexible exchange rate regimes. Critically CO1,C discuss. O2, [10] CO3, CO4 SECTION C is Compulsory 1. What is the difference between portfolio investment and Foreign Direct Investment ? If you are a [30] CO1, manager of an Indian MNC wishing to invest in any one of the countries of European continent, which CO2,C macroeconomic factors would you study before finalizing the location for such investment? Critically O3, analyze. CO4
.
CLCC 2002 B.A, LL.B (Hons.) EL, IV Semester L T P C Jan-Jun. 2018 Law of Crimes (4 Credits) Version 1.0 48 0 0 4 Pre-requisites/Exposure General knowledge of Law Co-requisites --
Course Objectives The primary objective of criminal law is to maintain law and order in the society and to protect the life and liberty of people. It is for this reason that people place their ultimate reliance on this branch of law for protection against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the penal law cannot afford to be weak, ambiguous or ineffective nor can it be harsh and arbitrary in its nature. The application of criminal law has to be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc. of either the criminal or the victim. This subject is designed with the following intended out comes.
Course Outcomes
C 2002.1.Understand the fundamentals of criminal law and various offences described in Indian Penal Code.
C 2002.2. Analyze the role and importance of criminal liability in various classes of offences.
C 2002.3. Analyze the various offences of Indian Penal Code in comparison with other similar legal systems of the world.
C 2002.4. Apply the acquired knowledge into their research on contemporary criminal law issues.
Catalog Description
The history of criminal law is as old as human civilization. In India, this branch of law flourished during Mughal period and afterward in British period. Indian Penal Code was implemented in 1860 and still it is relevant today. There are three components of criminal law- substantive law, procedural law and punishment of offenders. Another area on compensation of victims are also emerging, now. This course deals with the definition of various crimes and punishments of offenders. The entire course is divided into 6 modules. While the basic concept of criminal law, sources of criminal law, punishment of offenders will be discussed in Module I, the various principles of criminal liabilities will be discussed in Module II. In making ease to understand, all the offences has been broadly classified into i.e., offences against State, human body, property, both human body and property and spread over another four modules. Pedagogy will include the lecture, group discussion, case method, moot court and various others method. Continuous evaluation of the each students will be done as per the modalities mentioned below.
Course Content
Module I : INTRODUCTION (6 Lectures)
Definition and meaning of Crime (Legal, Social, Economic, Political) Sources of Criminal Law Elements of Crime Stages of Crime (Intention, Preparation, Attempt and Result) Types of Punishment – Death, Social Relevance of Capital Punishment Important Terminology-Definition
Module II : CRIMINAL LIABILITY (6 Lectures)
General Principles of Criminal Liability, Mens rea and its importance Group Liability: Common Intention & Common Object Unlawful Assembly, Rioting and Affray Abetment Criminal Conspiracy, Sedition, Fabricating false evidence Public nuisance
Module III: GENERAL EXCEPTIONS (8 Lectures)
Excusable or Justifiable acts, Mistake of Law and Mistake of Fact Accident, Necessity Medical incapacity, Intoxication Private Defense – Justification, Kinds and Limits
Module IV: OFFENCES AGAINST HUMAN BODY (10 Lectures)
Causing death of human beings: o Culpable Homicide, Murder & their distinction o Rash & Negligent Act Causing Death o Dowry Death Hurt –Simple and Grievous hurt Wrongful Restraint and Wrongful Confinement Kidnapping and Abduction
Module V: OFFENCES AGAINST AND RELATED TO WOMEN (8 Lectures)
Word, Gesture or Act intended to Insult the modesty of women Assault or Criminal Force with intent to outrage the modesty of women o Sexual harassment o Assault or criminal force with intent to disrobe o Voyeurism o Stalking Causing miscarriage without women’s consent,
Rape, Unnatural offences, Bigamy, Adultery Cruelty by husband or his relatives
Module VI: OFFENCES AGAINST PROPERTY (8 Lectures)
Theft, Extortion Robbery and Dacoity Criminal misappropriation and Criminal Breach of Trust Cheating Forgery
Text Books
S.No. Title Author Publisher
1 Indian Penal Code (6th edition, 2016) K.D. Gaur Universal Law Publications
2 The Indian Penal Code, 33rd ed., 2013 Ratanlal & LexisNexis Dhirajlal,
3 Learning the Law Glanville Williams Universal Law Publishers.
4 Introduction to Law Atul Seetalwad Butterworths
5 Criminology and Penology (12th edition, 2006) H Paranjape N.V. CLP
6 Indian Legal System Joseph Minattur Indian Law Institute
7 Indian Penal Code (14th edition, 2006) Mishra S.N. CLB
Modes of Evaluation
Quiz/Assignment/ presentation/ extempore/ Written Examination
Examination Scheme:
Components Internal Mid End Term Examination ESE Assessment Semester Weightage 30% 20% 50% 100% (%)
Internal Assessment: Marks 30 (shall be done based on the following 5 components):
Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
Continuous Assessment: (Marks 100 - converted to 30 marks) shall be done based on the following 5 components: a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks] b. Home/Class Assignment 20 Marks c. Project work 20 Marks (Abstract, Synopsis, final draft and presentation) d. Grand viva 20 marks e. Attendance 20 marks
Mapping of Course Outcomes (COs) with Program Outcomes (POs) and Program Specific outcomes (PSOs)
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C 2002.1 - 3 3 3 1 3 2 3 3 3
C 2002.2 - 3 3 3 1 3 1 3 2 2
C 2002.3 - 3 3 3 2 3 2 3 3 3
C 2002.4 - 3 3 3 3 3 2 3 3 3
1=weakly mapped 2= moderately mapped 3=strongly mapped Model Question Paper
Name: Enrolment No:
Course: Law of Crimes IV Sem. LLBL 2002 Programme: B.A., LL.B. (Hons.) EL Max. Marks:100
Instructions: Attempt all questions from Section A (10 Marks); Section B (20 Marks). Section C is Compulsory (20 marks), Section D (50 Marks). Section A Memory Based Questions ( 5* 2= 10 Marks) 1. Definition of Mens rea [2] CO3
2. Definition of Crime [2] CO1 3. What is Abetment? [2] CO2
4. Define Right to Private Defence [2] CO4
5. State the essentials of Criminal breach of trust [2] CO4
SECTION B Descriptive Questions
(2 question*10 Marks -20 marks)
6. Discuss the Essentials of crime [10] CO4
7. Discuss the provision related with General defences [10] CO3
Section C Analytical questions (2 question *10 Marks -20 marks)
8. Differentiate Medical Insanity with Legal Insanity [10] CO4
9. Compare among Theft, robbery and Extortion [10] CO4
Section D All Questions are compulsory Application based questions/ Case study (2 questions *25 marks-50 marks)
10. Hypothetical Case Law based questions 25 CO3
11. Hypothetical Case Law based questions 25 CO4
CLCC 2003 CRPC, JJ Act & Probation of Offenders Act L T P C Version 1.0 48 4 Pre-requisites/Exposure Basic knowledge of law Co-requisites -- Course Objectives 1. Crime is an act against the society at large. Thus the essential object of criminal law is to protect society from criminals and law breakers. The procedural law supplements the substantive law by providing the scheme for the enforcement of substantive rights and the remedies available. 2. We need a code prescribing the procedure to be followed in the courts of law and thus in India we have The Criminal Procedure Code, 1973. 3. Our criminal justice system is based on the presumption of innocence. Not all people who are sent up for trial are guilty of the offences with which they are charged and thus the Code itself provides for a fair trial of the accused person. 4. Duty therefore has been cast upon the courts of deciding as to whether the person charged with an offence is actually guilty or not. The procedure which governs the court proceedings before it arrives at that conclusion has to be such as is fair, inspires confidence at the same time is not such as provides a wide escape route for the guilty. 5. The Code of Criminal Procedure is essentially a code of procedure and like all procedural law, is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities. At the same time it has to be borne in mind that it is procedure that spells much of the differences between rule of law and rules. 6. The object of the Code is to ensure for the accused a full and fair trial in accordance with the principles of natural justice.
7. The object of The Juvenile Justice (Care & Protection of Children) Act, 2000, is to provide for care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles.
8. The main object of The Probation of Offender Act, 1958 is to give persons of a particular type a chance of reformation, on conditions of probation, which they would not get if sent to prison.
Course Outcomes
On completion of this course, the students will be able to
C2003.1: Students will be able to conceptually explain the fundamentals of criminal law and the procedure described in Criminal Procedure Code.
C2003.2: Students will be able to assess the role and importance of different functionaries in the administration of Criminal Justice System in India
C2003.3: Students will be able to critically analyze the various offences of Indian Penal Code in comparison with other similar legal systems of the world.
C2003.4: The students will be able to put in practices the acquired knowledge in the courts and would be equipped to deal with the contemporary criminal law issues.
C2003.5: Students will demonstrate ability to research and analyse problems critically using an in depth understanding of socio-economic and techno-legal dynamics of Criminal Law
Catalog Description The Code of Criminal Procedure is essentially a code of procedure and like all procedural law, is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities. At the same time it has to be borne in mind that it is procedure that spells much of the differences between rule of law and rules.
Course Content It has 7 modules which are as follows:
MODULE I: Introduction: Definitions, Criminal Courts and their Power’s Object Scope and Extent of Cr. P.C. The Rationale of Criminal Procedure: The importance of fair trial – Constitutional Perspective of Fair Trial: Articles 14, 20 and 21. Definition of various terms The organization of Police, Prosecutor, Defense Counsel, Prison Authorities and their duties, functions and powers.
MODULE II: Pre-Trial Proceedings-I: Arrest Information regarding commission of offences (154-155) Investigation (Secs.156-159) Examination of Witnesses (Secs.160-164) Filing of Police Report/ Charge Sheet/ Challan (Secs.170-176) Arrest of the persons and Rights of the arrested persons (Secs.41-60)
MODULE III: Pre-Trial Proceedings-II Magisterial Power to take Cognizance (Secs.190-199) Complaints to Magistrate (Secs.200-203) Commencement of proceedings before Magistrates. (Secs.204-210) Process to compel Appearance-(Secs.61-90) Summons (Secs.61-69) Warrant of Arrest (Secs.71-81) Proclamation & Attachment (Secs. 82-86) Others rules regarding process (Secs. 87-90) Process to compel the Production of Things (Secs.91-102)
MODULE IV: The Charge and Commencement of Criminal Proceedings: Trial The Charge (Secs.211-224) Meaning of Charge Form of Charge Joinder of Charges Commencement of Criminal
Proceeding: Trial (Secs.225-265) Trial before Court of Session (Secs.225-237) Trial of Warrant cases (Secs.238-250) Trial of Summons cases (Secs.251-259) Summary Trial (260-265) Plea Bargaining- meaning and Concept (Secs.265A-265L)
MODULE V: Post Trial Procedure Judgment (Secs.353-365) Submission of death sentence for confirmation (Secs.366-371) Appeal, Reference and Revision (Secs.372-380, Sec. 395-405) Execution, Suspension, Remission and Commutation of Sentences. (Secs.413-435) Provision as to Bail and Bond (Secs.436-450)
MODULE VI: Order for Maintenance, Public order & Tranquility Order for Maintenance of Wives, Children and Parents (Secs.125-128) Maintenance for Public order and Tranquility (133-143)
MODULE VII: Juvenile Justice (Care and Protection of Children) Act, 2015 Object and salient features of the Act Definition of various terms Juvenile Court system Treatment and Rehabilitation of juvenile and various provisions related to it. J.J. Board- Composition, Function and Role.
The Probation of Offender’s Act, 1958 Object and salient features of the Act Mechanism of probation: standards of probation services Probation Officer- Definition, appointment, duties and powers. Other related provisions
TEXTBOOKS: 1. R.V. Kelkar,Criminal Procedure, 5th Edn. 2008, Eastern Book Co. Lucknow 2. Lectures on Criminal Procedure by K.NC Pillai, Eastern Book Co. Lucknow 3. Ratanlal and Dhirajlal: The Code of Criminal Procedure, 20th Edn. Reprint 2011. Wadhwa & Co. 4. Batuk Lal, Commentary on Code of Criminal Procedure, New Delhi 5. Prof. S.N. Mishra: The Code of Criminal Procedure, 18thEdn.2012, Central Law Agency. Shailedra Malik, The Code of Criminal Procedure Code, 18th edition, 2011, Allahabad law Modes of Evaluation:
Components Internal Examination Mid-term written End term written Exam Examination
Weightage (%) 30% 20% 50%
Internal Examination Components Quiz/Class Assignment/ Project Work Subject Attendance Total 100 Test/ Snap Case Court Room Grand Viva Marks Test Comment Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C2003.1 3 3 3 - 3 2 3 3 3 - C2003.2 3 3 3 1 3 1 3 2 2 - C2003.3 3 3 3 2 3 2 3 3 3 - C2003.4 3 3 3 - 3 2 3 3 3 - C2003.5 3 3 3 - 3 2 3 2 2 -
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name:
Enrolment No: Course: CRPC Programme: BA-LLB-Sz-EL Semester: V Time: 03 hrs. Max. Marks:100
Section A
Write short notes on any four of the following
(6) Police Report (7) Complaint (8) Compounding of offences C2003. 2.5x4 (9) Charge 1 (10) Cognizance (11) Juvenile delinquent between 16 to 18yrs of Age
SECTION B 1. What is an FIR? What is the evidentiary value of an FIR? Whether the registration of an FIR is mandatory. Explain in light of the judgment of Lalita Kumari v. state of UP AIR [5] C2003. 2014 SC? 2
2. What is the object behind having the provisions of maintenance under Code of Criminal Procedure, 1973? Who all are entitled for maintenance under the Code? Also state under C2003. [5] what circumstances a maintenance order made in favour of a divorced woman can be 3 cancelled?
SECTION C 3. Critically analyse in light of the recent amendments as to whether a victim can file an [10] C2003. appeal against an acquittal instead of the prosecution. Also elaborate upon the victim 3 Compensation Scheme.
4. What is bail? Differentiate it with an anticipatory bail? What all conditions may be imposed [10] C2003. by the Court while granting an order of anticipatory bail? 3
SECTION D
5.Explain the law on bails settled by the Supreme Court in the case of Gurubaksh Singh Sibbia 15 C2003. v. State of Punjab AIR 1980 SC. 4
6. Ayush was travelling from Dehradun to Delhi by Nanda Devi Express. During the C2003. journey his bag was stolen. State with reasons as to what all courts will have the 4 jurisdiction to try his case.
[10] 7. Make a flow chart of the stages involved in the Trial which takes place before the Court [10] C2003. of a Magistrate in case of a police report. 4
8. Sagar and his parents were charged for an offence u/s 304 B of the IPC (Dowry Death). 15 C2003. They wanted to settle the matter through plea bargain. State with reasons as to whether 4 plea bargaining is possible in such a case.
CLNL 2002 Political science –III L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Political theory & Comparative government Co-requisites World Politics & International Relations Course Objectives
1. This course introduces students to key ideas and debates in the field of international relations. 2. Students will be familiarized with levels-of-analysis and several leading International Relation issues and theories. 3. Along with examining the traditional realms i.e. political and military relations among states, the syllabi will also focus on international political economy and the issues associated with global welfare. 4. The key objective of this course is to build analytic and critical thinking skills towards international developments. Once the students are familiarized with the key concepts of International Relations, they might be well conversant to understand and analyses the international public and private law, international economy and human rights.
Course Outcomes
C2002.1To Understand the main International theories, and the values implicit in each of these different ways of looking at the world, thus giving them the tools necessary to understand the day-to-day events.
C2002.2 Foundation to understand and critically evaluate current international events and processes. In particular it will focus on specific human securities issues that are at the center of political debates around the globe.
C2002.3 Able to demonstrate the understanding of multiple perspectives, and gain the capacity to apply ideas to lived contexts and after completion this course
C2002.4 Make them aware of the intimate linkages between what are usually thought of as separate: "domestic" and "international" politics;
C2002.5 Creates the foundation for International Public Law, International Economic Law and Human Rights.
Catalog Description
The subject political science being closely related to our day to day life, there is numerous ways one can get it more interesting. The daily social life of an individual can be easily correlated with many of the syllabi topics, then the subject can be better understood in a participatory classroom exercises. The comparative method laid down in the course plan can benefit the students to analyze the working of Indian government with their foreign counterparts. The students should have wide general reading and newspaper updates. Further, the advance reading of lesson topics will serve a better background for the class room discussion. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.The following methods can be suitably adopted to accomplish the said task. The tools to be used are Lectures, Examples/ Illustration,
Presentation, Parliamentary debate, Group Discussion, Book Reviews, Discussions on current topics( News Papers, Journals and Magazines reading), Snap test and quiz, Case Study.
Course Content
Unit I: 4 lecture hours
Introduction to International Relation: Evolution of State as an important player in International Relations. Relation among states - ancient, medieval and modern periods. Relationship between International Relations and Political Science
Unit II: 5 lecture hours
Important Theories of International Relation: Idealism/Liberalism, Realist theory , Marxian theory Neo-realist and neo-liberalist theories Alternative approaches to theories of International Relations.
Unit III: 3 lecture hours
The Concept of Political Power and International Relations: Importance and relevance of political power of the state The concept of National Power its elements, limitations and struggle for political power Consolidation of political power, war as a method of wielding power (military, economic and cultural) Imperialism and Neo-Imperialism.
Unit IV: 5 lecture hours
Balance of Power and Collective Security: The meaning, conceptions and patterns of Balance of Power Methods and relevance of Balance of Power Ideological differences - Balance of Power Balance of Power and International Law Bipolar World and Cold War, End of Cold War and Uni-polarism The emergence of New World Order.
Unit V: 3 lecture hours
Wars in International Relations and International Organizations
The relation between warfare and international relations Alliances & Counter alliances, Treaties, changing character of War – Conventions and the development of International Law through international relations League of Nations and United Nations - Regional arrangements - Non-aligned movement(NAM)SARRC- EU - BRICS
Unit VI: 3 lecture hours
Diplomacy: Definition, evolution and functions of diplomacy - types of diplomacy and future of diplomacy – Diplomacy and changing politics - U.N’s role in international peace & security - The concept of neutrality and its legal status in 21st century.
Unit VII: 4 lecture hours
Globalization and International Relations: Definition and evolution - Theories of Globalization (Realists, Liberalists, Marxist and Constructivist), Role of Science and Development in International Relations and their impact on Globalization.
Unit VIII: 10 lecture hours
Contemporary Issues in International Relations: Characteristics of new world order – the role of Non-State actors - Terrorism - Environmental issues - Nuclear proliferation - Global trade and finance - Poverty and development.
Unit IX: 4 lecture hours
Human Security and Human rights: International Humanitarian regime and laws – Human Right Council and global peace keeping mechanism
Unit X: 7 lecture hours International Economic Cooperation: Politics of International economic relations - The New International Economic order –Bretton Wood Institutions -The role of IMF, WTO and World Bank – the economic globalization and liberalization – Contemporary issues in the global political economy.
Text Books
1. Hans J. Morgenthau, Politics Among Nations: The Struggle for Power & Peace, Kalyani Publishers (Indian Reprint), ND 1997 - Available 2. Norman D. Palmer & Howard C. Perkins, International Relations, CBS Publishers, New Delhi, 2007 - Available 3. John Baylis, Steve Smit & Patricia Owens, The Globalization of World Politics, OUP, London, 4th ed. 2008. - Available 4. Charls W. Kagley JR & Eugene R. Wittkopt, World Politics: Trend & Transformation, 4th ed. St. Martins Press, N.Y. 1993. – E Book
Reference Books
1. Hans J. Morgenthau, Politics Among Nations: The Struggle for Power & Peace, Kalyani Publishers (Indian Reprint), ND 1997 - Available 2. Norman D. Palmer & Howard C. Perkins, International Relations, CBS Publishers, New Delhi, 2007 - Available
3. John Baylis, Steve Smit & Patricia Owens, The Globalization of World Politics, OUP, London, 4th ed. 2008. - Available 4. Charls W. Kagley JR & Eugene R. Wittkopt, World Politics: Trend & Transformation, 4th ed. St. Martins Press, N.Y. 1993. – E Book 5. S.H. Hoffman, Essays in Theory and Politics of International Relations, West-View Press Boulder Colorado, 1989. - Available 6. K. Halliday Rethinking International Relations Macmillan, Basing's lake, 1994. - Available 7. D Held et al., Global Transformation – Politics, Economics and Culture, Stanford University Press, California, 1999. – E- Book 8. M.S. Rajan, Non-Alignment and the Non-Alignment Movement in the Present– World Order, Konark, Delhi, 1994. 9. J. Frankel, International Politics : Conflicted Harmony, Penguin, London, 1969. 10. Inis L. Claude Jr., The Development of International Organizations in the Nineteenth Century in Swords into Plowshares, 1971
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Exam Examination Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage Test I -10 Report / Test II-10 Viva /PPT
Energy Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C2002.1 3 2 3 3 2 3 2 3 3 2 C2002.2 3 2 3 3 3 3 3 2 2 2 C2002.3 3 2 3 3 3 2 3 3 3 2 C2002.4 3 2 3 3 3 2 3 3 3 2 C2002.5 3 2 3 3 3 2 3 2 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Criminal Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C2002.1 3 2 3 3 2 3 2 3 3 2 C2002.2 3 2 3 3 3 3 3 2 2 2 C2002.3 3 2 3 3 3 2 3 3 3 2 C2002.4 3 2 3 3 3 2 3 3 3 2 C2002.5 3 2 3 3 3 2 3 2 2 2
Labor Laws
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C2002.1 3 2 3 3 2 3 2 3 3 2 C2002.2 3 2 3 3 3 3 3 2 2 2 C2002.3 3 2 3 3 3 2 3 3 3 2 C2002.4 3 2 3 3 3 2 3 3 3 2 C2002.5 3 2 3 3 3 2 3 2 2 2
Model Question Paper
Name:
Enrolment No: Course: LLBG2002- Political Science-III Programme: B.A LL.B. (Hons.) energy/criminal/labor laws Semester: I Time: 03 hrs. Max. Marks:100 Instructions: Attempt all questions from Section A (each carrying 02 mark); any Four Questions from Section B (each carrying 05 marks), any Two Questions from Section C (each carrying 10 marks), Section D as mentioned. SECTION A (Answer all questions)
1. Treaty on treaties can be denoted to:
(a) UN Charter 1945 (b) Vienna convention on Law of Treaties [02] C2002.4 (c) Geneva Convention 1949 (d) Rio Protocol 2. 1. The 'unipolar moment' or New World Order (NOW) emerged……….. [02] C2002.3 3. The multilateral bank established by BRICS countries are known as; C2002.1 [02] 4. Imperialism and hegemony associated with the ______behaviour of state. C2002.1 [02] 5. Central feature of Immanuel Wallenstein’s work is:
(a) world system [02] C2002.2 (b) nation
(c) regional systems (d) underdevelopment SECTION B (Short answer type) 6. Note on Bretton Wood Institutions [05] C2002.1 7. How European Union is different from associations like SAARC, BRICS? [05] C2002.1 8. Give the basic difference between Balance of Power and collective Security. [05] C2002.3
9. The effect of technology on globalization [05] C2002.1 SECTION C (Attempt any 02 questions) 11 What were the main implications for world order after the end of the Cold War? [10] C2002.3
12 During the 1970s and 1980s, the establishment of a new international economic order allowed all [10] C2002.5 the peoples of the world to make use of their wealth and natural resources. Justify the statement.
13 Examine Realistic approach in international politics. [10] C2002.3 SECTION D
14 The Non-Aligned Movement (NAM) was created and founded during the collapse of the colonial [15] C2002.2 system and the independence struggles of the peoples of Africa, Asia, Latin America and other regions of the world and at the height of the Cold War. During the early days of the Movement, its actions were a key factor in the decolonization process, which led later to the attainment of freedom and independence by many countries and peoples and to the founding of tens of new sovereign States. Throughout its history, the Movement of Non-Aligned Countries has played a fundamental role in the preservation of world peace and security.
In 1960, in the light of the results achieved in Bandung, the creation of the Movement of Non- Aligned Countries was given a decisive boost during the Fifteenth Ordinary Session of the United Nations General Assembly, during which 17 new African and Asian countries were admitted. A key role was played in this process by the then Heads of State and Government Gamal Abdel Nasser of Egypt, Kwame Nkrumah of Ghana, Shri Jawaharlal Nehru of India, Ahmed Sukarno of Indonesia and Josip Broz Tito of Yugoslavia, who later became the founding fathers of the movement and its emblematic leaders. During its nearly 50 years of existence, the Movement of Non-Aligned Countries has gathered a growing number of States and liberation movements which, in spite of their ideological, political, economic, social and cultural diversity, have accepted its founding principles and primary objectives and shown their readiness to realize them. Historically, the non- aligned countries have shown their ability to overcome their differences and found a common ground for action that leads to mutual cooperation and the upholding of their shared values.
The movement has succeeded to create a strong front on the International level, representing countries of the third world in the International organizations on top of which the United Nations.
Current Challenges facing the NAM include the necessity of protecting the principles of International law, eliminating weapons of mass destruction , combating terrorism, defending human rights, working toward making the United Nations more effective in meeting the needs of all its
member states in order to preserve International Peace , Security and Stability, as well as realizing justice in the international economic system.
To encourage States to conclude agreements freely arrived at, among the States of the regions concerned, to establish new Nuclear Weapons-Free Zones in regions where these do not exist, in accordance with the provisions of the Final Document of the First Special Session of the General Assembly devoted to disarmament (SSOD.1) and the principles adopted by the 1999 UN Disarmament Commission, including the establishment of a Nuclear Weapons Free Zone in the Middle East. The establishment of Nuclear Weapons-Free Zones is a positive step and important measure towards strengthening global nuclear disarmament and non-proliferation.
On the other hand, the long-standing goals of the Movement remain to be realized. Peace, development, economic cooperation and the democratization of international relations, to mention just a few, are old goals of the non-aligned countries. In conclusion, The Non-Aligned Movement, faced with the goals yet to be reached and the many new challenges that are arising, is called upon to maintain a prominent and leading role in the current International relations in defense of the interests and priorities of its member states and for achievement of peace and security for mankind.
Explain the Role of NAM in New International Economic order.
Importance of Role of neutral organization in case of bipolarity. 15. [15] C2002.1
Relation between diplomacy and NAM and regional cooperation. 16. [20] C2002.3
CLCC2001 L T P C Constitutional Law I Version 1.0 4 4
Pre-requisites/Exposure --
Co-requisites --
Course Objectives
1. To enable students in understanding the constitutional governance of the country.
2. To enable students in exploring the importance of the fundamental rights in real time in the administration of justice and governance of the country.
3. To compare the constitutional governance of the country in comparison with other common law countries.
Course Outcomes
On completion of this course, the students will be able to
C2001.1: The students will be able to understand and appreciate the salient features of the Indian Constitution and fundamental concepts of Constitutional Law.
C2001.2: The students will be able to critically assess the role and importance of fundamental rights and Directive Principles of State Policy in the governance of the country.
C2001.3: The students will be able to critically analyze different forms of the fundamental rights in comparison with other similar legal systems of the world.
C2001.4: The students will be able to put in practice the acquired knowledge into their research on contemporary Constitutional Law issues.
Catalog Description
Constitutional Law is the branch of law, which touches each and every individual of the society. It governs an integral part of the life of the individual. The fundamentals of Constitutional Law i.e. basic understanding of the Constitutional Law are: concept of the citizenship, formation of the states, basic understanding of the constitutional principles, and working of the fundamental rights and its relationship with directive principles of state policies. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Interactive approach is to be followed during the course of learning
Course Content
MODULE 1:
INTRODUCTION (4Lectures) Meaning and concept of Constitution, Constitutional Law, Constitutional Governance, Constitutionalism, Preamble- Democratic State, Republic, Socialist State, Welfare State, Secular State, Responsible Government, Federalism. Rule of Law- Droit Administratif in France, Separation of Power- India Vs USA Constitution of India –Salient Features, Is the Constitution of India Federal or Unitary? Salient features of American Constitution, British Parliament, Dominion Executive and Parliament (Canada), Federation of Australia.
MODULE 2:
UNION OF INDIA, ITS TERRITORY & CITIZENSHIP (4 Lectures) Territory of India, Admission or establishment of New States, Cession of Territory to Foreign Country Citizenship – Constitutional Provision, Citizenship of Corporations. The Citizenship Act, 1955, Status of migrants from Pakistan, PIO, Overseas Citizen of India and Dual Citizenship, concept of citizenship in other countries.
MODULE 3:
FUNDAMENTAL RIGHTS (5 Lectures) Fundamental Rights - Origin & Development, Fundamental Rights & Human Rights, Fundamental Rights in India. State – Concept of State, its elements, origin, Theories of state, Definition under Article 12, Judicial Pronouncements on ‘Local Authorities’ and ‘Other Authorities’, Judiciary- A state? Laws Inconsistent with Fundamental Rights, Doctrine of Eclipse, Doctrine of Severability, Doctrine of Waiver, Judicial Review, Role of Judiciary and Doctrine of State Action.
MODULE 4: (5 Lectures)
DIRECTIVE PRINCIPLES and Fundamental Duties Directive Principles - Directions for Social Change Fundamental Rights and Directive Principles - inter-relationship Constitutional amendments - to strengthen Directive Principles. Uniform Civil Code Fundamental Duties: Role and Importance MODULE 5: (5 Lectures)
RIGHT TO EQUALITY Equality before the Law and Equal Protection of Laws, Doctrine of Classification & New Doctrine of Equality, Equality and Constitutionality of Statutes, Legitimate Expectations.
Justice to Weaker Section of the Society & Gender Justice Equality of Opportunity in Public Employment & Reservation Constitutional validity of 93rd Constitutional Amendment, 2005 Abolition of Untouchability & Titles
MODULE 6: (8 Lectures)
RIGHT TO FREEDOMS Freedom of Speech and Expression, Freedom of the Press, Advertisement, Right to Information and its Importance, Reasonable Restrictions. Freedom to Carryout Trade & Commerce, Trading in Liquor, Betting and Gambling, Right of Street Hawkers - Extent and Scope and Restrictions. Freedom to Assemble, Freedom to From Association, Freedom of Movement & Right to Property.
MODULE 7: (7 Lectures)
RIGHT TO LIFE & PERSONAL LIBERTY Protection against Ex-post facto Law, Double jeopardy, Self-Incrimination Right to life and personal liberty, Due Process of Law and Procedure Established by Law Inter-relationship between Article 14, 19 & 21- Mutually exclusive or inclusive, Expansive interpretation of Article 21 - Prisoners & Detunes Rights, Right to privacy, Right to Health and Medical aid, Right to livelihood, Environmental Rights, Right of unborn child, Right to die. Right to Education Protection against arrest and detention Right against Exploitation – Prevention of traffic in Human Being, Beggar, Forced and Child Labour
MODULE 8: (5 Lectures)
FREEDOM OF RELIGION & MINORITY RIGHTS Religion – Concept and Meaning, Religion and Secularism, Constitutional Provisions and Conflict Constitutional Safeguards to Minorities and their Right to Establish Educational Institutions
MODULE 9: (5 Lectures)
RIGHT TO CONSTITUTIONAL REMEDIES Enforcement of Fundamental Rights Relationship of Article 32 & 226. Writs, Public Interest Litigation& Locus Standi Emergency and Fundamental Rights
TEXTBOOKS:
1. V.N. Shukla’s Constitution of India, Eastern Book Company 2. Constitutional Law of India; by M.P. Jain, Wadhwa Publications
REFERENCE BOOKS:
1. V.N. Shukla’s Constitution of India, Eastern Book Company 2. DurgaBasu, Comparative Constitutional Law, 3rdEdn, Lexis Nexis, 2014 3. Constitutional Law of India; by H.M. Seervai, Universal Publishers, 2008 4. Introduction to the -Constitution of India; by Durga das Basu, Lexis Nexis, 22ndEdn, 2014 5. World Constitutions, A Comparative Study by VishnooBhagwan and VidyaBhushan, 9thEdn, Sterling Publishers Private Limited, 2010 6. An Introduction to the Study of the Law of the Constitution, 10thEdn, A.V. Dicey, Universal Law Publishing Co., 2008 7. Writs and Other Constitutional Remedies; by AsimPandey, Lexis Nexis, 2009 8. Working a Democratic Constitution: A History of Indian Experience; by G. Austin, Oxford Univ Press, 2012 9. DD Basu’s, Human Rights and Constitutional Law, 3rdEdn, Lexis Nexis, 2008 10. MP Jain, Indian Constitutional Law, 7thEdn, Lexis Nexis, 2014 11. Commentary on Constitution of India, by ArvindDatar, Lexis Nexis, 2010 12. Constitution and Administrative Law; by Barmitt and Hilaii, London Taylor and Francis, 2011 13. Constitutional Law and History of Government of India, Universal Publishers, 2008 14. The Indian Constitution: Cornerstone of a Nation; by G. Austin, Oxford Univ Press, 2008 15. Introduction to the Constitution of India; By D.D. Basu, Lexis Nexis, 2009 16. Making of India’ Constitution; by H.R. KhannaAlld. Eastern Books, 2005 17. Preamble: The Spirit and Backbone of the Constitution of India; by R.C. Lahoti, EBC, 2004 18. Select Constitutions of the World; by M.V.Pylee, 2ndEdn, 2007 19. Indian Legal and Constitutional History, by Paranjape, CLA, 2011 20. Constitutional Law of India; by J.N. Pandey, ALA, 2008 21. Constitutional Law; by MamtaRao. EBC, 2013
Modes of Evaluation:
Components Internal Examination Mid-term written End term Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination
Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Grand Marks Test Comment Court Viva Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C2001.1 3 3 3 - 3 2 3 3 3 -
C2001.2 3 3 3 1 3 1 3 2 2 -
C2001.3 3 3 3 2 3 2 3 3 3 -
C2001.4 3 3 3 - 3 2 3 3 3 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Name:
Enrolment No: Course: Constitutional Law I Programme: B.A.LL.B., Energy Law Semester:
Time: 03 hrs. Max. Marks:100
Instructions:
Attempt all questions from Section A (each carrying 2.5 marks); any Two Questions from Section B (each carrying 10 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory.
Section A
Write short notes on all four :
Q. 1 What do you mean by writ of mandamus?
Q. 2 Explain the doctrine of eclipse? 2.5x4 CO1 Q. 3 Define Secularism.
Q. 4 Whether preamble is part of the Indian Constitution or Not?
SECTION B (Attempt any 2 questions )
Q. 5 What do you mean by Double Jeopardy? Which is relevant article of Indian [10] Constitution about Double Jeopardy? Provide the examples. CO2
Q. 6 Explain the concept of minorities under the Article 30 of Constitution of India? What is the extent of rights of minorities to administer their educational [10] CO2 institutions? Q. 7. Write a note on Locus Standi rule. What was the approach of Supreme Court regarding Locus Standi, Explain with the help of leading cases. [10] CO2
SECTION C (Attempt any 2 questions
Q. 8 “It is said that the due process clause of American Legal System entered through [10] CO3 back door in Indian Legal System through the judicial creativity”.—
In the light of above statement examine, how due process clause rejected in interpretation of Article 21 in A.K. Gopalan vs. State of Madras (AIR 1951 SC 27)
and was adopted later by Apex Court in Maneka Gandhi vs. Union of India (AIR 1978 SC 597)?
Q. 9 “Article 14 of Indian Constitution permits ‘reasonable classification’ and [10] CO3 prohibits ‘class legislation’”.—
In the light of above statement, how ‘reasonable classification’ is permitted and ‘class legislation’ is prohibited under Article 14 of Indian Constitution?
Q. 10 Do the press enjoy freedom of speech and expression under the Constitution [10] CO3 of India as a citizen? By a government’s notification, the newspaper undertakings were restrained from publishing more than 15 pages and containing more than 20 % space for advertisements. Is the law valid under Article 19 (1) (a) read with 19(2)? Explain with the help of proper reasoning, legal provisions and case laws? SECTION D
Q. 11 Solve the questions given below based on the following facts and CO4 problem:
India i.e. Bharat which is Union of the States is having the diverse culture and different sects, communities and religions. Indian Territory and people have long history of the diverse culture and based on the same background Indian Constitution has also recognized the unity, integrity and common brotherhood including the secular structure of the governance.
Before independence of the country India and Indian people have seen the working of the British Empire of U.K. and their British rule. Freedom fighters had tried to release the Indian Territory from the clutches of the British Empire. In the struggle of the freedom, many freedom fighters had given up their lives for the nation. In this background on 15th August, 1947 India became independent from the British Empire. Constituent Assembly of the Indian formulated the Constitution to regulate governance and development of the country post-independence period.
After seven decades of the independence of the country, still it is being realized and recognized time to time even by the Apex Court of the country that constitutional goals have not yet been fully realized and fulfilled by the successive governments. Still poverty, illiteracy, unemployment is rampant in most of the part of the country.
Recently in the country it is also observed that many sections and sects of the states are demanding the reservations in government employment and educations Institutions. The issue of the Patidar community, Jatt community etc has also come in the lime light and in media. Their demands regarding inadequate
representation in the government jobs and educational institutions and social backwardness emphasize upon the reservation.
In the State of Tamil Nadu recently the issue of Jallikattu (bull fighting) festival where state of Tamilnadu brought the law prohibiting the Jallikattu practice had come before the Supreme Court challenging State action violating the freedom of religion.
For making the corruption free India and establishing the transparent economy based on white money present Government has enacted Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016. With this enactment the personal information and data repository will be with the State Authority. In different sections and NGOs has challenged this Aadhar card linkage with the bank account, SIM Cards and other services on the ground of violation of the privacy rights. Many organizations has challenged that personal information demand from the government is violation of the basic fundamental right of right to life and personal liberty without due process established by law.
The Law of the Land i.e. Indian Constitution has recognized the secularism and freedom of religion for professing, practicing and propagating the religion. Freedom of religion is also subject to public order, morality, health and Part III of Indian Constitution. Many practices which are not the essential or integral part of the religions can be regulated by the State. Recently in Shayara Bano case Supreme Court has stated that triple talaq, oral divorce practice in Muslims is constitutionally not valid. In further judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India Supreme Court of India has also emphatically stated that freedom of religion can be regulated based on the provisions stated in the Part III of Indian Constitution.
Parliament of the country recognized through its Constitutional Amendment Act right to education of the children of the age from six to fourteen years. Constitution also stated provision of right to education is mandatory duty of the state but still reality in the many of the parts of the country reflect that this constitutional goal of right to education has not become real reality. Still in many parts of the country including major States and their governmental education institutions’ situation is more dilapidated. Schools are not having proper infrastructure, drinking water facility and good qualified teachers.
In view of the above facts and background, solve the following questions: CO4
Q. 11 (a) Whether right to education is fundamental right of the citizens of the country? Where right to education is guaranteed in Indian Constitution?
[10]
Q. 11 (b) What is constitutionally permitted for the reservation in governmental [10] CO4 employment and in educational institutions? What is procedure and requirement as per constitution for any community to get reservation in public employment?
Q 11 (c) Whether the religious customary practices like jallikattu practice is covered [10] CO4 under the freedom of religion guaranteed in Indian Constitution? Discuss based on the suitable cases and provisions of Indian Constitution?
Q. 11 (d) Whether biometric information and personal data collection through [10] CO4 Aadhar card come within the purview of right to privacy? Can citizens deny linking Aadhar Card with their bank account, SIM cards and other services? Whether right to privacy recognized by the Supreme Court under Article 21 is absolute right without any limitation?
Q. 11 (e) What is the justification of Supreme Court of India declaring the triple [10] CO4 talaq i.e. oral divorce practice against the dignity and equality rights of the women guaranteed in the part III of the Indian Constitution?
CLPP 2101 Client Councelling L T P C Version 1.0 12 0 0 1 Pre-requisites/Exposure Basic knowledge of Law Co-requisites Good communication Course Objectives
1. Understand the practical aspect of legal studies or the concept of ‘clinical legal education 2. Understand and apply the information and pertinent data more efficiently and to increase client satisfaction. 3. Understand the practical configurations of law. 4. Understand the practical aspects and counsel clients and serve their interests beyond the confines of his technical expertise-to integrate legal considerations with the business, personal, political, and other non-legal aspects.
Course Outcomes On completion of this course, the students will be able to C2101.1: Conceptually understand, appreciate, develop the goals, objectives, purpose and practical aspect of legal studies or the concept of ‘clinical legal education’. C2101.2: Critically analyze and apply the information and pertinent data more efficiently so as to increase client satisfaction. C2101.3: Identify, explain, distinguish the diverse origins and various conceptualizations of law and develop a keen sense of objectivity while dealing with various laws and indulge in oral as well as written assignments in order to understand the intricacies of client counseling, the students will practice by identifying client needs, analyzing problems, developing legal strategies, and communicating advice which would help in sharpening their interpersonal skills and make them efficient to advise the people who seek assistance in knowing the legal implications of their actions. C2101.4: Put in practice the acquired knowledge, procedural and practical aspects while counselling the clients and serve their interests beyond the confines of his technical expertise-to integrate legal considerations with the business, personal, political, and other non-legal aspects Catalog Description One of the primary functions of a lawyer is counseling the client. Legal profession like medical profession is a “helping profession.” Traditionally legal counseling was viewed as the lawyer advising the client regarding the client’s legal problem. In counseling usually, the lawyer exercises a great deal of control over the outcome of counseling. In this whole exercise, the client becomes a passive spectator if not a mute spectator. This often results in the lawyer taking decisions on behalf of the client. This in fact had become an acceptable professional practice. The students will be able to put in practice and exhibit effective corporate lawyering skills, employing legal research, analysis, rationalisation and critical-thinking ability. An effort will be made to combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation.
COURSE OUTLINE It has 6 modules which are as follows:
Module 1: Clinical legal education
Concept of clinical legal education Need for clinical legal education Clinical methods
Module 2: Client Counseling
Client counseling: Need Role of an attorney as an interviewer. Interview and client counseling. . Module 3: Introduction to the legal set up.
Building attorney- client relationship Legal ethical consideration Client centred approach Collaborative decision making approach Understanding the psychology of the client. Involvement of External factors.
Module 4: Class room activity
Chronological overview. Dos and Don’ts in a client interview. How to make a client counseling effective. Role play in real client problem situation.
Modes of Evaluation:
Client counseling exercise Attendance 80% 20% Extraction of Understanding Providing remedy to Handling of the facts by the of the laws the clients clients Counsellor 20% 20% 20% 20%
Formula for attendance marks: 67-75 % 0 Marks 75-80% 5 Marks 80-85% 10 Marks 85-90% 15 Marks 90%-100% 20 Marks
Passing Criterion: minimum 40% of the highest marks in the class
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in that subject (in that class/group class)” individually in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less than said percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
READINGS
TEXTBOOKS:
Clinical Legal Education, N.R. Madhava Menon Grossman, George S., Clinical Legal Education: History And Diagnosis, Journal of Legal Education , Vol. 26, No. 2 (1974), pp. 162-193 Miller, Charles H., Clinical Training Of Law Students, Journal of Legal Education , Vol. 2, No. 3 (Spring, 1950), pp. 298-309 Marvin J. Anderson and Guy O. Kornblum, Clinical Legal Education: A Growing Reform, American Bar Association Journal , Vol. 57, No. 6 (JUNE 1971), pp. 591-593
REFERENCE BOOKS:
Clinical Legal Education, N.R. Madhava Menon
Database: AIR Databases (Supreme Court/High Court/Criminal law Journal) (1950 to 2012). LexisNexis India Online Services West Law India.
Taxman Database. SCC Online CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 C2101.1 3 3 3 - 3 2 3 C2101.2 3 3 3 1 3 1 3 C2101.3 3 3 3 2 3 2 3 C2101.4 3 3 3 - 3 2 3 C2101.5 3 3 3 - 3 2 3 C2101 3 3 3 1 3 2 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
CLNL 2004 Psychology L T P C Version 1.0 3 0 0 3 Pre-requisites/Exposure 12th level English Co-requisites --
Course Objectives 1. To understand the basic concepts of Psychology. 2. To understand the interface between Law and Psychology. 3. To understand psychological principles that manifest themselves in social behavior and law. 4. To help in understanding various major contemporary issues and topics within the framework of psychology and law, and the current theoretical and cultural debates that inform them. 5. To understand the range of psychological theories and concepts that have been applied to the current social-legal environment
Course Outcomes On completion of this course, the students will be able to C 2004.1 Understand and apply key psychological concepts and thoughts to various psychosocial and legal issues. C 2004.2 Apply basic psychological concepts and approaches to understanding and suggest solutions for various issues like gender dynamics in the society, environmental concerns. Also understand the psychology of workplace and use it for betterment of their professional life. C 2004.3 Identify the psychological implications of various policies, critically analyse them and use it further their understanding of law.
C 2004.4 Understand and apply behavioural principles to enhance acceptance and compliance of law in the society.
Catalog Description This course focuses on the scientific study of human behavior and social interactions. In this course students will learn how to understand and apply basic psychological theory to various legal issues of the day. They will also learn to view individual and law objectively to better understand the interplay among individuals, groups, and societies. Topics include nature and scope of psychology and its relation with other social sciences, psychology of gender, environmental psychology, communication, leadership and work attitudes. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group projects dealing with various psycho-legal issues and active participation in research through a compulsory research paper to be written by every student which with familiarize them with research methods. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation.
Course Content
Unit I: 4 lecture hours INTRODUCTION Definition of Psychology. Historical Antecedents of Psychology and Trends in the 21st century. Psychology and Scientific Method. Psychology in relation to other Social Sciences. Application of Psychology to Societal Problems.
Unit II: 7 lecture hours PSYCHOLOGY OF GENDER Issues of Discrimination. Management of Diversity. Glass Ceiling Effect. Women and Indian Society.
Unit III: 8 lecture hours APPLICATION OF PSYCHOLOGY TO ENVIRONMENT AND RELATED FIELDS Environmental Psychology-Effects of Noise, Pollution and Crowding. Population Psychology. Psychological Consequences of Population Explosion and High Population Density. Impact of Rapid Scientific and Technological Growth on Degradation of Environment.
Unit IV: 4 lecture hours COMMUNICATION Definition Nature and Types of Communication Barriers to Effective Communication
Unit V: 7 lecture hours LEADERSHIP Definition Traits of a Leader Types of Leaders – Autocratic, Democratic and Charismatic Leaders. Leader Behaviour – initiating Structure and Consideration.
Unit VI: 6 lecture hours JOB SATISFACTION AND WORK ATTITUDES Importance of Work Attitudes and opinions in Industry Job satisfaction and its influence on Work Behaviour Measurement of Job Satisfaction and Work Attitudes
Text Books Robbins, Stephen P., Organizational Behavior, Pearson Education, Ed. 10, 2003, Delhi. Morgan, C. T., King, R. A., Weisz, J. R., Schopler, John. Introduction to Psychology, Tata McGraw Hill Education Pvt. Ltd. Ed. 7, 2010, New Delhi. Bechtel, R. B., Churchman, A., Handbook of Environmental Psychology, John Wiley & Sons, Inc.Ed. 1, 2002, New York. Swain, Smarak., Applied Psychology: India Specific and Cross Cultural Approaches, New Vishal Publication, Ed. 1, 2009, New Delhi. Reference Books 14. Blum, N.L., Naylor, J. C., Industrial Psychology: Its Theoretical and Social Foundations, CBS Publishers & Distributors, Ed. I, 2004, New Delhi. 15. Wade, Carole.,Tavris, Carol., Psychology, Pearson Education & Dorling Kindersley (India) Pvt ltd. Ed. 8, 2007, New Delhi. 16. Helgeson, V. S., The Psychology of Gender. Pearson Education Inc. Ed. 4, 2012, New Jersey.
Modes of Evaluation: Quiz/Assignment/group presentation/Research Paper/ Written Examination Examination Scheme:
Components MSE I Presentation/Research Paper/ ESE Test/Viva etc Weightage (%) 20 30 50
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes Understand and apply key psychological concepts and thoughts PO1, PO3, C 2004.1 to various psychosocial and legal issues. PO4 Apply basic psychological concepts and approaches to understanding and suggest solutions for various issues like PO1, PO3, C 2004.2 gender dynamics in the society, environmental concerns. Also PO4, PO6, understand the psychology of workplace and use it for PO9 betterment of their professional life. Identify the psychological implications of various policies, PO1, PO2, C 2004.3 critically analyze them and use it further their understanding of PO4, law. PO5,PO8 Understand and apply behavioral principles to enhance PO2, PO3, C 2004.4 acceptance and compliance of law in the society PO5, PO8
-
employing logical, logical, employing
ng insight of practices, issues and and issues practices, of insight ng
-long Learning skills Learning -long
Knowledge of concepts of law with comparative understanding of understanding comparative law with of concepts of Knowledge systems legal fields/domains related and of law knowledge Interdisciplinary situations problem to law of Application skills making decision and analytical and oral as such law to pertinent skills professional law Effective critical rationalization, research, legal communication, written organizing and planning thinking, havi professional law Specialist challenges responsibility social and moral Ethical, and building team leadership, as commitment, such skills Influencing networking Life Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8
Psychology 3 1 3 2 3 3 2
1=weakly mapped 2= moderately mapped 3=strongly mapped \
Model Question Paper
Name: Enrolment No:
Course: CLNL 2004 – Psychology Programme Semester: EVEN-2018-19 Time: 03 hrs. Max. Marks:100
Instructions: Attempt any FOUR questions in Section A. All the other sections are compulsory. Section A (Define any four) 1. Glass Ceiling Effect [ 2 . 5 ] 2. Crowding [ 2 . 5 ] 3. Democratic Leader [ 2 . 5 ] 4. Antilocution [ 2 . 5 ] 5. Noise [ 2 . 5 ]
SECTION B is Compulsory 6. Elaborate the term Interpersonal Communication, how different is it [ from Intrapersonal Communication? 1
0 ] 7. Define the term Leadership and give the characteristics of a charismatic leader? [ 1 0 ]
SECTION C is Compulsory 8. Is science the subject matter or methodology? Discuss how psychology is a science? [ 1 0 ] 9. Discuss the status of women in Indian society with respect to the role expectations? [ 1 0 ]
SECTION D is Compulsory
10. Using principles of Psychology, discuss how the compliance for gender and diversity regulations [ can be increased in the organisations? 2 0 ] 11. Discuss the impact of an industry’s regulatory mechanism on an employee’s job satisfaction? [ How does job satisfaction influence their work behavior? 1 5 ] 12. Discuss how psychology can be used in understanding current socio-legal issues? [ 1 0 ]
CLPP 2102 Advance Skillset Development L T P C Version 1.0 3 0 0 3 Pre-requisites/Exposure Elementary Level English Proficiency Co-requisites Basic proficiency in General English II
Course Objectives 1. To assist students to develop clarity about their ownselves through introspection. 2. To generate awareness in the undergraduate students regarding the current industrial trends on knowledge, skill and attitude desired from the fresh pass outs. 3. To develop students’ knowledge of communication skills in the structure, elucidation, and delivery of message in diverse cultural and global communities. 4. To promote theoretical understanding and professional/personal practice of effective and ethical human communication between and within a broad range of contexts and communities.
Course Outcomes On completion of this course, the students will be able to: C2102.1 Identify their existing skills & techniques to market themselves in the desired professional way. C2102.2 Define professional behavior and suggest standards for appearance, actions & attitude in a business environment. C2102.3 Implement problem-solving approach effectively and utilize the acquired techniques in their day-to-day life & business environment. C2102.4 To create and utilize strategic management thus enabling them to make important decisions of business. C2102.5 Make student aware about the current industry trends.
Catalog Description Advance Skill Set Development is a subject designed to bring out the inner strengths of future lawyers and Entrepreneurs while assisting them in the process of self-discovery and skill enhancement. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, etc.
Course Content Unit-I Introductory Session – Sketch Yourself (Video Recorded), Impromptu Speech- Extempore, Thought flow Construction Exercise (Negative Proverbs), Unit-II Picture Perception- Written Assessment, The Diction Game- Taboo, Simulation Game- Situational Role play in workplace situations, Unit-III
Arguments per Minute, Non-Verbal Communication- Kinesics- Chronemics, Proxemics. Presentations Skills, Company Presentations
Reference Books Zero To One by Peter Thiel & Blake Masters Leaders eat last by Simon Sinek The Innovators :- how a group of Hackers, Geniuses, & Geek Created the Digital Revolution How to speak money by John Lanchester
Modes of Evaluation: Assignment/ Presentation/Debate
Examination Scheme:
Components Project/Presentation/Assignment/ etc MSE ESE Weightage (%) 20 30 50 Program Outcome / Course Outcome Mapping
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 C2102.1 2 2 3 3 3 3 3 C2102.2 3 3 3 3 3 3 3 C2102.3 3 3 3 2 3 3 3 C2102.4 3 3 3 3 3 2 3 C2102.5 3 3 3 3 3 2 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
SEMESTER IV
CLCC 2008 LAW OF EVIDENCE L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Basic Knowledge of IPC, CPC, CrPC Co-requisites -- Course Objectives
1. To enable students in understanding the Law of Evidence of the country in relation to other relevant laws.
2. To enable students in exploring the importance of the relevancy and admissibility of evidence and their interface with each other.
3. To compare the law of evidence regarding its application with civil and criminal matters.
Course Outcomes On completion of this course, the students will be able to
C2008.1: The student will be able to understand and appreciate the definition, meaning and nature of evidence.
C2008.2: The student will be able to critically assess the evidence of what facts can be given i.e. what can be proved
C2008.3: The students will be able to critically analyze the burden and onus of proving along with the art of examining the witnesses.
C2008.4: The students will be able to put in practice the acquired knowledge into their research on contemporary issues of Evidence.
Catalog Description
The Law of Evidence is primarily an adjective law which supports both civil and criminal procedure. It primarily deals with the proving and disproving of the facts in the court. Primary objective of evidence law is to maintain law and order in the society and to protect the life and liberty of people by providing a systematic pattern of proof in both civil and criminal matters. It is for this reason that people place their ultimate reliance on this branch of law for protection against all injuries that human conduct can inflict on individuals and institutions. Due to these reasons, the evidence law cannot afford to be weak, ambiguous or ineffective. Nor can it be harsh and arbitrary in its impact. The application of evidence law has to be uniform regardless of any discrimination on grounds of class, caste, religion, sex or creed etc. of either the criminal or the victim. Similarly in the case of civil matters also it is all about the proof the cause of action by the plaintiff and disproving the same by the defendant.
Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions,
cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Interactive approach is to be followed during the course of learning
Course Content
SESSIO MODULES NS 01-02 MODULE I [02hrs] GENERAL ISSUES RELATED TO LAW OF EVIDENCE
03-15 MODULE II [13hrs] RELEVANCY AND ADMISSIBILITY OF FACTS
(16-25) MODULE III (09hrs) ON PROOF
MODULE IV (26-32) ACCOMPLICE EVIDENCE (07hrs)
(32-40) MODULE V [09hrs] COMPETENCE AND EXAMINATION
(41-48) MODULE VI {08hrs} PRESSUMPTIONS
TEXTBOOKS:
Law of Evidence, by Ratan Lal & Dheeraj Lal Law of Evidence, by Vepa P. Sarathi Law of Evidence, by Batuk Lal Law of Evidence, by Dr Avtar Singh
REFERENCE BOOKS: 1. Law of evidence S. Sarkar Eastern Book Depot
2. Wigmore on evidence Henry & Wigmore Universal Law House
3. Monir on Evidence Justice Monir Wadhwa Publishers
4. Law of Evidence Ratanlal Dheerajlal Wadhwa Publishers
5. Law of Evidence Dr. S. K. Kapoor Universal Law House
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Examination Exam
Weightage (%) 30% 20% 50%
Internal Examination Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Court Grand Viva Marks Test Comment Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C2008.1 3 3 3 - 3 2 3 3 3 - C2008.2 3 3 3 1 3 1 3 2 2 - C2008.3 3 3 3 2 3 2 3 3 3 - C2008.4 3 3 3 - 3 2 3 3 3 - C2008 3 3 3 1 3 2 3 3 3 -
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper Name:
Enrolment No: Course: CLCC 2008- Law of Evidence Programme: B.A. LL.B. (Hons.) EL Semester: VI Time: 03 hrs. Max. Marks:100 Instructions: Attempt all questions from Section A (each carrying 02 mark); any Four Questions from Section B (each carrying 05 marks), any Two Questions from Section C (each carrying 10 marks), Section D is mandatory. SECTION A (Answer all questions)
1. Who is a Hostile Witness? [02] 2. What do you understand by Fact in issue? [02] 3. What is the meaning of the term “res gestae”? [02] 4. What is a leading question? [02] 5. Write a note on the Plea of Alibi. [02] SECTION B (Write short notes on any 04 questions ) 6. Write a note on Admission. [05]
7. Write a note on Burden of Proof. [05] 8. What are the things which can be proved by Oral Proof? [05]
9. Who may be a Witness? [05]
10. Write a note on Public Document. [05] SECTION C (Attempt any 02 questions) 11 Examine in detail the Examination in Chief and Cross Examination? When a party can [10] ask for re examination? 12 Confession before a Police Officer is inadmissible? Explain with relevant case laws [10]
13 Examine the admissibility and releveancy of Priveleged communication. [10] SECTION D
14 “A conspiracy is hatched in secrecy and executed in darkness. Naturally, therefore, it is [12.5] not possible for the prosecution to connect each isolated act of statement of one accused with the acts and statements of others, unless there is a common bound linking all of them together”. Explain with the help of relevant statutory provisions and case law Discuss the relevancy of the following under the Indian Evidence Act, 1872:- 15. [12.5] a) The question is whether A sold pure ghee to B (‘fact in issue’). A wants to offer in evidence the fact that he sold pure ghee to C, D, E and some other customer on the same day. b) The fact testified to D was that soon before the alleged murder by a, c had peeped through the window and exclaimed “Look A is aiming his gun towards B”. c) The fact that B was seen coming out of the house of A distressed and sobbing soon after her alleged rape by a. d) After the alleged rape the victim narrated the whole incident to the police over phone.
On the basis of the FIR, A is suspected of having committed the crime. The fact that A was absconding after the incident and that he was located eight days after in a dilapidated condition
A sues B for loan of Rs. 5,000 which B denies. However, B makes a statement before X 16. that he has taken loan A, though X was not present when transaction took place between [12.5] A and B. is the statement of B to X relevant? State the relevant provision and rule of evidence. Examine in the light of the provisions of the Evidence Act, 1872 the evidentiary value of 17. the following dying declaration is [2.5x5 a. A dying declaration given to the Family member. = 12.5] b. A dying declaration given to a doctor c. A dying declaration given to a Police Officer d. A dying declaration given to a Judicial Magistrate e. A dying declaration firstly given to a family member and then to a Police officer and there is a inconsistency between them
CLCC 2005 Constitutional Law II L T P C Version 1.0 4 4 Pre-requisites/Exposure A prior understanding of the basics of Constitutional law- Co-requisites -- Course Objectives
1. To enable students in understanding the constitutional governance of the country and working of the constitutional boides.
2. To enable students in exploring the importance of the working of the constitutional institutions and their interface with each other.
3. To compare the constitutional governance and constitutional functionaries of the country in comparison with other common law countries.
Course Outcomes On completion of this course, the students will be able to
C2005.1: The students will be able to understand and appreciate the salient features of the Indian Constitution and fundamental concepts of Constitutional Law.
C2005.2: The students will be able to critically assess the role and importance of constitutional bodies, functionaries and institutions.
C2005.3: The students will be able to critically analyze working of the Judiciary, Executive and Legislative bodies, their working and comparison with other similar legal systems of the world.
C2005.4: The students will be able to put in practice the acquired knowledge into their research on contemporary Constitutional Law issues.
Catalog Description
Constitutional Law II is the branch of law, which touches each and every individual of the society. It governs an integral part of the life of the individual. The fundamentals of Constitutional Law i.e. basic understanding of the Constitutional Law are: concept of federalism, parliamentary form of government; constitution, powers functions of the judiciary, legislative and executive bodies; fiscal federalism; local self-governance etc. Besides the working of the different wings of the governments and their comparison with other common law countries are the paramount content matter of the Constitutional Law II. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Interactive approach is to be followed during the course of learning
Course Content
SESSIO MODULES NS 01-02 MODULE I [02hrs] INTRODUCTION
03-10 MODULE II [08hrs] THE EXECUTIVE AND THE LEGISLATURE
MODULE III (11-23) THE JUDICIARY, THE LOCAL SELF GOVERNMENT AND (13hrs) CONSTITUTIONAL FUNCTIONARIES AND BODIES
MODULE IV (24-44) ANTI- FEDERAL FEATURES OF THE INDIAN CONSTITUTION (21hrs)
(45-48) RESERVED DAYS FOR SNAP TESTS/VIVA [04hrs]
TEXTBOOKS:
3. V.N. Shukla’s Constitution of India, Eastern Book Company 4. Constitutional Law of India; by M.P. Jain, Wadhwa Publications
REFERENCE BOOKS: 22. V.N. Shukla’s Constitution of India, Eastern Book Company 23. DurgaBasu, Comparative Constitutional Law, 3rdEdn, Lexis Nexis, 2014 24. Constitutional Law of India; by H.M. Seervai, Universal Publishers, 2008 25. Introduction to the -Constitution of India; by Durga das Basu, Lexis Nexis, 22ndEdn, 2014 26. World Constitutions, A Comparative Study by VishnooBhagwan and VidyaBhushan, 9thEdn, Sterling Publishers Private Limited, 2010 27. An Introduction to the Study of the Law of the Constitution, 10thEdn, A.V. Dicey, Universal Law Publishing Co., 2008 28. Writs and Other Constitutional Remedies; by AsimPandey, Lexis Nexis, 2009 29. Working a Democratic Constitution: A History of Indian Experience; by G. Austin, Oxford Univ Press, 2012 30. DD Basu’s, Human Rights and Constitutional Law, 3rdEdn, Lexis Nexis, 2008 31. MP Jain, Indian Constitutional Law, 7thEdn, Lexis Nexis, 2014 32. Commentary on Constitution of India, by ArvindDatar, Lexis Nexis, 2010 33. Constitution and Administrative Law; by Barmitt and Hilaii, London Taylor and Francis, 2011 34. Constitutional Law and History of Government of India, Universal Publishers, 2008 35. The Indian Constitution: Cornerstone of a Nation; by G. Austin, Oxford Univ Press, 2008
36. Introduction to the Constitution of India; By D.D. Basu, Lexis Nexis, 2009 37. Making of India’ Constitution; by H.R. KhannaAlld. Eastern Books, 2005 38. Preamble: The Spirit and Backbone of the Constitution of India; by R.C. Lahoti, EBC, 2004 39. Select Constitutions of the World; by M.V.Pylee, 2ndEdn, 2007 40. Indian Legal and Constitutional History, by Paranjape, CLA, 2011 41. Constitutional Law of India; by J.N. Pandey, ALA, 2008 42. Constitutional Law; by Mamta Rao. EBC, 2013
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Examination Exam
Weightage (%) 30% 20% 50%
Internal Examination Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Court Grand Viva Marks Test Comment Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C2005.1 3 3 3 - 3 2 3 3 3 - C2005.2 3 3 3 1 3 1 3 2 2 - C2005.3 3 3 3 2 3 2 3 3 3 - C2005.4 3 3 3 - 3 2 3 3 3 - C2005 3 3 3 1 3 2 3 3 3 -
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: Constitutional Law I Programme: Semester: Time: 03 hrs. Max. Marks:100
Instructions: Attempt all questions from Section A (each carrying 2.5 marks); any Two Questions from Section B (each carrying 10 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory. Section A Write short notes on all four :
Q. 1 What do you mean by writ of mandamus? Q. 2 Explain the doctrine of eclipse? 2.5x4 Q. 3 Define Secularism. Q. 4 Whether preamble is part of the Indian Constitution or Not?
SECTION B (Attempt any 2 questions )
Q. 5 Write a note on Unitary and Federal Form of Government. [10]
Q. 6 Differentiate between Money Bill and Ordinary Bill. [10]
Q. 7. Discuss in detail the extent of the executive power of center and state with suitable examples. [10]
SECTION C (Attempt any 2 questions Q. 8 “It is said that the due process clause of American Legal System entered [10] through back door in Indian Legal System through the judicial creativity”.—
In the light of above statement examine, how due process clause rejected in interpretation of Article 21 in A.K. Gopalan vs. State of Madras (AIR 1951 SC 27) and was adopted later by Apex Court in Maneka Gandhi vs. Union of India (AIR 1978 SC 597)?
Q. 9 “Article 14 of Indian Constitution permits ‘reasonable classification’ and [10] prohibits ‘class legislation’”.—
In the light of above statement, how ‘reasonable classification’ is permitted and ‘class legislation’ is prohibited under Article 14 of Indian Constitution?
Q. 10 Do the press enjoy freedom of speech and expression under the [10] Constitution of India as a citizen? By a government’s notification, the newspaper undertakings were restrained from publishing more than 15 pages and containing more than 20 % space for advertisements. Is the law valid under Article 19 (1) (a) read with 19(2)? Explain with the help of proper reasoning, legal provisions and case laws?
SECTION D
Q. 11 Solve the questions given below based on the following facts and problem: India i.e. Bharat which is Union of the States is having the diverse culture and different sects, communities and religions. Indian Territory and people have long history of the diverse culture and based on the same background Indian Constitution has also recognized the unity, integrity and common brotherhood including the secular structure of the governance. Before independence of the country India and Indian people have seen the working of the British Empire of U.K. and their British rule. Freedom fighters had tried to release the Indian Territory from the clutches of the British Empire. In the struggle of the freedom, many freedom fighters had given up their lives for the nation. In this background on 15th August, 1947 India became independent from the British Empire. Constituent Assembly of the Indian formulated the Constitution to regulate governance and development of the country post-independence period. After seven decades of the independence of the country, still it is being realized and recognized time to time even by the Apex Court of the country that constitutional goals have not yet been fully realized and fulfilled by the
successive governments. Still poverty, illiteracy, unemployment is rampant in most of the part of the country. Recently in the country it is also observed that many sections and sects of the states are demanding the reservations in government employment and educations Institutions. The issue of the Patidar community, Jatt community etc has also come in the lime light and in media. Their demands regarding inadequate representation in the government jobs and educational institutions and social backwardness emphasize upon the reservation. In the State of Tamil Nadu recently the issue of Jallikattu (bull fighting) festival where state of Tamilnadu brought the law prohibiting the Jallikattu practice had come before the Supreme Court challenging State action violating the freedom of religion. For making the corruption free India and establishing the transparent economy based on white money present Government has enacted Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016. With this enactment the personal information and data repository will be with the State Authority. In different sections and NGOs has challenged this Aadhar card linkage with the bank account, SIM Cards and other services on the ground of violation of the privacy rights. Many organizations has challenged that personal information demand from the government is violation of the basic fundamental right of right to life and personal liberty without due process established by law. The Law of the Land i.e. Indian Constitution has recognized the secularism and freedom of religion for professing, practicing and propagating the religion. Freedom of religion is also subject to public order, morality, health and Part III of Indian Constitution. Many practices which are not the essential or integral part of the religions can be regulated by the State. Recently in Shayara Bano case Supreme Court has stated that triple talaq, oral divorce practice in Muslims is constitutionally not valid. In further judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India Supreme Court of India has also emphatically stated that freedom of religion can be regulated based on the provisions stated in the Part III of Indian Constitution. Parliament of the country recognized through its Constitutional Amendment Act right to education of the children of the age from six to fourteen years. Constitution also stated provision of right to education is mandatory duty of the state but still reality in the many of the parts of the
country reflect that this constitutional goal of right to education has not become real reality. Still in many parts of the country including major States and their governmental education institutions’ situation is more dilapidated. Schools are not having proper infrastructure, drinking water facility and good qualified teachers.
In view of the above facts and background, solve the following questions:
Q. 11 (a) Whether right to education is fundamental right of the citizens of the country? Where right to education is guaranteed in Indian Constitution? [10] Q. 11 (b) What is constitutionally permitted for the reservation in [10] governmental employment and in educational institutions? What is procedure and requirement as per constitution for any community to get reservation in public employment?
Q 11 (c) Whether the religious customary practices like jallikattu practice is [10] covered under the freedom of religion guaranteed in Indian Constitution? Discuss based on the suitable cases and provisions of Indian Constitution? Q. 11 (d) Whether biometric information and personal data collection [10] through Aadhar card come within the purview of right to privacy? Can citizens deny linking Aadhar Card with their bank account, SIM cards and other services? Whether right to privacy recognized by the Supreme Court under Article 21 is absolute right without any limitation? Q. 11 (e) What is the justification of Supreme Court of India declaring the [10] triple talaq i.e. oral divorce practice against the dignity and equality rights of the women guaranteed in the part III of the Indian Constitution?
CLCC 2006 Interpretation of Statutes L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Law / Basic Understanding of legal concepts Co-requisites A. Course Objectives:
To make the students understand:
1. The significance of statutory interpretation 2. The general principles and rules of interpretation of statutes. 3. The judicial developments in the field of interpretation of statutes.
B. Course’s Intended Student Learning Outcomes:
After the completion of this course, the students will be able to:
C 2006.1. Understand and elucidate the principles of statutory interpretation. C 2006.2. Compare and apply the theoretical concepts underlying and impacting on approaches to statutory interpretation. C 2006.3. Develop a professional approach towards dealing with the questions of law. C 2006.4. Evaluate the facts and decisions of the cases in the light of changing judicial attitude.
Catalog Description
Interpretation of statutes is a subject with deals with the interface between the positivists and the realists. Interactive approach will be undertaken during the study. (Students are supposed to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). Students are expected to imbibe reflective thinking and actively participate in classroom discourses.
The concerned faculty will engage the classroom sessions with the aid of the following modes:
1. PPT 2. Chalk and talk 3. Presentations 4. Case Study 5. Random Questioning 6. Reflections 7. Case Analysis
Course Content
Unit 1: The Significance of statutory Interpretation…………………………………………...1 Hour A. The Anomaly of Legal Language
Unit II: Introduction to the Basic principles…………………………………………………….4 Hours Understanding of Construction and Interpretation Cardinal rules of construction Legislative Intent Limitations of the Court ( only to interpret and not to legislate)
Unit III: Rule of Interpretation/Construction……………………………………………………7 Hours A. Literal Rule B. Golden Rule C. Beneficent Construction Rule D. Mischief Rule E. Purposive Construction F. Harmonious Construction
Unit IV: Aids to Interpretation and Use of Maxims……………………………………………3 Hours A. Internal or Intrinsic Aid B. External or Extrinsic Aid
Unit V: Use of maxims in the interpretation…………………………………………………...5 Hours A. A verbis Legis Non Est Recendum B. Absoluta Sententia Expositore Nen Indiget C. Noscitur I Sociis D. Ejusdem Generis E. Ut Res Magis Valeat Quam Pereat F. Expressio Unious Est Exclusio Alterius G. Generalia Specilibus Non Derogant
Unit VI: Interpretation of Constitution………………………………………………………..5 Hours A. Principle of Plenary Powers B. Doctrine of Implied powers C. Doctrine of Territorial Nexus D. Doctrine of pith and substance E. Doctrine of colorable legislation
F. Fundamental Rights
Unit VII: Interpretation of Specific statutes……………………………………………………..4 Hours A. Fiscal statute/Taxing statutes B. Penal statutes C. Social welfare/ beneficial statutes D. Subordinate legislations
Unit VIII: Operation of statutes…………………………………………………………………..3 Hours A. Commencement and retrospective operation B. Expiry and repeal of statute; C. Extent of value of repealed statute in the interpretation
Unit IX: Interpretation of International Treaties……………………………………………….6 Hours A. Interpretation of Treaties (General) B. Vienna Convention on Law of Treaties (Article 31 to 36) C. Jus Cogens D. Pacta Sunt Servanda E. Ratification, Reservation and Accession of treaties F. Treaties Interpretation and the Constitution of India G. Interpretation of treaties by Supreme Court of India
Unit X: Tools and Legislative Guidance for Interpretation……………………………………6 Hours A. General Clauses Act, 1897 B. Cases for Deliberations
Text Books:
A. Bindra, N.S. and Rao, C.K., 1970. The Interpretation of Statutes... Revised by C. Kameswara Rao. Law Book Company. B. Singh, G.P., 1983. Principles of Statutory Interpretation. Bharat Law House. C. Sarathi, V.P., 1975. The interpretation of statutes. Eastern Book Co.. D. Avtar Singh & Harpreet Kaur, Introduction to the Interpretation of statutes, (Nagpur: Lexis Nexix Butterworths Wadhwa, 2009)
Reference Books:
A. Bennion, F.A.R., Goodall, K. and Morris, G., 2008. Bennion on Statutory Interpretation: A Code. Butterworths.
B. Bennion, F.A.R., 2001. Understanding Common Law Legislation: Drafting and Interpretation. OUP Oxford. C. Eskridge, W.N., 1994. Dynamic statutory interpretation. Harvard University Press. D. Denning, A.T.D.B., 1979. The discipline of law. Butterworth-Heinemann. E. Jemielniak, J. and Miklaszewicz, P. eds., 2010. Interpretation of law in the global world: from particularism to a universal approach. Springer. F. Maxwell, P.B., 1896. On the Interpretation of Statutes. Sweet & Maxwell. G. Wagner, A., Werner, W. and Cao, D., 2007. Interpretation, Law and the Construction of Meaning. Springer.
Modes of Evaluation:
Written Examination/Quiz/Presentation/ Assignment
Examination Scheme:
Components Continuous Mid term Exam End term Exam Assessment Weightage (%) 30 20 50
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Grand Marks Test Comment Court Viva Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)/PSOs
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 PSO4 PSO5 C 1005.1 3 3 3 - 3 2 3 2 2 3 3 2 C 1005.2 3 3 3 1 3 1 3 2 2 3 3 2 C 1005.3 3 3 3 2 3 2 3 2 2 3 3 2 C 1005.4 3 3 3 - 3 2 3 2 2 3 3 2
1=weakly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination, December 2017 Program: B.A.,LL.B.(Hons.) Energy Laws Semester – VII Subject (Course): Interpretation of Statutes Max. Marks : 100 Course Code : LLBL 2006 Duration : 3 Hrs
Section A (10 Marks)
Q. No. Marks Mapping with CO
1. Differentiate between Mandatory and Directory Provisions 2 CO1
2. What is the difference between Tax Avoidance and Tax Evasion 2 CO1
3. What is a non-obstante clause? 2 CO1
4. What is role of proviso clause in interpretation? 2 CO1
5. What is role of legislative history in interpretation? 2 CO1 Section B (20 marks)
6. Discuss the difference between ‘ejusdem generis’ and 10 CO2 ‘noscitur-a-soscis’. Elucidate with examples.
7. What is ‘pari-materia’? Discuss its role and importance in 10 CO2 interpretation. Justify your answer with appropriate examples.
Section C (20 marks)
8. Explain the ‘doctrine of colourable legislation’ with suitable 10 CO3 examples and case laws.
9. Discuss the application of mischief rule in India. Justify your 10 CO3 answer with relevant case laws and appropriate logic.
Section D (50 marks)
10. In a Leading Case, The Defence Regulations of 1939 prescribed 12.5 CO4 a maximum fine of 100 dollars for certain currency offences. The defendant committed such an offence while the 1939 Regulations were in force. Subsequently, in 1940, the Regulations were amended to provide a maximum fine of three times the amount involved in the currency offence. The question was whether the defendant was liable to a maximum fine of 100 dollars or to the much larger sum involved on the basis of the 1940 amended regulations. The Divisional Court held that the defendant was liable to the maximum prescribed by the 1940 amendment. The court was conscious that it was dealing with retrospective legislation. All three members of the court, however, held that the language of the regulation was clear. Imagine you are the appellate Authority and the case has come up for appeal. Write a judgment citing reasons for your verdict.
11. A law was made prohibiting slaughter of cows. This law was in 12.5 CO4 news and in political discussions and finally it was challenged in the Supreme Court as being unconstitutional. The petitioner contended that this law violates the fundamental right to freedom of conscience and free profession, practice and propagation of religion as provided by Article 25 of the Constitution of India. The state, on being called upon to defend the law, contended that it’s a law made in furtherance of the Directive contained under Article 48 of the Constitution. Therefore it cannot be held unconstitutional.
Interpret the two provisions and give your opinion justified by logic and supported by judicial pronouncements.
12. One person borrowed some money from Dehradun Bank. He 12.5 CO4 defaulted in repayments and was served notices for ensuring
payments which he never did. The bank initiated proceedings for recovery and the court asked him to show cause why he should not be committed to prison; and finally, by the orders of the court, warrant for his civil arrest was issued under section 51 and order 21 rule 37 of the Code of Civil Procedure. He filed a petition in the Supreme Court challenging his arrest as being violative of his civil and political rights; specifically the right under Article 11 of the International Covenant on Civil and Political Rights.
The bank pleaded that the said Covenant is an international commitment and has not been specifically adopted by the Indian parliament. The bank also contended that the said International law cannot be enforced as being contrary to the express provisions of Indian law.
Interpret the relevant laws and decide the case supported by logic and decided cases.
13. One person went to a doctor. He was not benefited by the 12.5 CO4 treatment. He went to a very famous doctor who owned a nursing home also. The doctor admitted the patient to the hospital, immediately after examination; and declared an emergent need of surgical intervention. After surgery, the patient felt relief but the next day he felt severe pain in the abdomen. He had to be taken to a higher medical center where he had to be operated again. It was found that the earlier surgeon had left a scissor in the patient’s abdomen. Looking it as an apparent case of medical negligence, the patient filed a case under Consumer Protection Act, 1986. The doctor defended by claiming that the medical service and negligence is not covered under section 2(o) of the Consumer protection act. Section 2(o), Consumer Protection Act, 1986 provides:
"service" means service of any description which is made avail- able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other
information, but does not include the rendering of any service free of charge or under a contract of personal service;
Decide the case and justify you answer by relevant pronouncements.
CLPP 2103 Drafting of Criminal instruments L T P C (Clinical-7) Version 1.0 4 0 0 4
Pre-requisites/Exposure Fundamentals of Pleading and Criminal drafts
Co-requisites BCI Regulations
Course Objectives The objectives of this course are as under:
1. Using a mock case as a context, allow students to develop patterns of thought and hands-on ability in researching and drafting. 2. Allow students to learn drafting of memorial pertinent to criminal Court Problems. 3. To develop a professional approach towards dealing with the questions of law. 4. Allow students to learn the basics of court mannerisms and procedures. 5. Allow students to learn the professional role of the lawyer.
Course Outcomes
On completion of this course, the students should be able to:
C2103.1 -Participate in Moot Court Competitions with a higher degree a success.
C2103.2 Practice the dos and don’ts of argumentation and drafting.
C2103.3 Learn to identify legal issues and address them.
C2103.4 Behave and act professionally in a court room setting.
C2103.5 to acquire expert knowledge of drafting, pleadings and advocacy techniques.
Catalog Description
By the art of legal drafting (also commonly called the legal composition) we mean the art of composing or writing all documents which are either expressly intended to be, or which frequently become the subject of legal interpretation. It is concerned chiefly therefore, although not exclusively, with the documents which declare or regulate rights. This at once distinguishes the art of legal composition from the art of ordinary composition or literature, which deals not with rights but with thoughts or facts. Of course the bases of literary composition and legal composition are all the same, grammar and logic. The latter, perhaps, more strictly than the former kind o composition is bound by the rules of the grammarian and logician but we do not intend, except incidentally, to touch on the rules of grammar or logic. It is composition as legal - as dealing with or affecting rights - which we have in view. This differs so much from literary composition that,
though they have a common basis, same rules do not apply to both. The style of good legal composition (for it has a style of its own) is free from all colour, from all emotion, from all rhetoric. It is impersonal as if the voice, not of any man, but of the law, dealing with the necessary facts. It disdains emphasis and all other artifices. It uses no metaphor or figure of speeches. It is always consistent and never contradicts itself. It never hesitates or doubts. It says in the plainest language, with the simplest, fewest and fittest words, precisely what it means. These are qualities which might be used to advantage more frequently than is common in literature, and unfortunately they are not to be found in many legal compositions, but they are essential to good legal composition and not essential to literary composition. Pleadings are statement in writing drawn up and filed by each party to a case, stating that his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. The function of pleadings is not simply for the benefit of the parties, but also and perhaps primarily for the assistance of the court by defining with precision the area beyond which, without the leave of the court and consequential amendment of the pleadings, the conflict must not be allowed to extend. The purpose of rules regarding pleadings is to advance justice and to prevent multiplicity of proceedings.
When students reach the legal practice course they should have developed a general critical approach to the new law and to problem solving. The object of this course is to present substantive law in the context of pleadings and conveyancing and to show how those transactions are influenced by the legal considerations. A well drafted document instantly attracts the attention of the court. Any failure however little, in bringing out the material issues would be fatal to the matter under consideration. Therefore, it is pertinent that one has an accurate understanding of the concerned issues, so that, relevant question are brought before the court for successful adjudication. Pleadings assists student’s in their endeavor to enter active practice. This course is created to help student’s understand the basics of pleadings
The classroom activities will be designed to encourage students to play an active role in the construction of their knowledge and in the design of their learning strategies. Class participation is a fundamental aspect of this course. Thus, the traditional lectures will be combined with other active teaching methodologies, such as group discussions, cooperative group solving problems and debates. Interactive approach will be followed during the course of learning where students will be expected to come prepared for the topics for discussion in the class/ case studies/ presentations/ viva-voce, etc. The main tools of teaching may include Lectures (PPT’s) with Question and Answer Sessions, Case Law Analysis, Assignments Simulation Exercises, etc.
Course Content
Unit I: 06 lecture hours 1. General Principles of Drafting and Relevant Substantive Rules – i. Drafting: Concept, ii. General Principles and relevant substantive rules thereof iii. difference between criminal and criminal drafting and conveyance
iv. Basic Components of complaints, Endorsements v. Aids to Clarity and Accuracy vi. Legal Requirements and Implications
Unit II: 08 lecture hours
Pleadings – Pleadings in General; Object of Pleadings; Fundamental Rules of Pleadings –
Criminal:
(i) Complaint under section 2(d) (ii) Application for Bail (Sec.436-437 of Cr PC) (iii) Anticipatory Bail under section438 of Code of Criminal Procedure, 1973 (iv) Application under section 125 of Code of Criminal Procedure, 1973 (v) F.I.R. under section 154 of Code of Criminal Procedure, 1973 (vi) Appeal and Revision under section 371, 435 of Code of Criminal Procedure, 1973 (vii) Petition under section 397/401 of Code of Criminal Procedure, 1973 (viii) Petition under section 482 of Code of Criminal Procedure, 1973 (ix) Complaint under section 500 IPC (x) Affidavit (xi) Execution Petition (xii) Memorandum of Appeal and Revision (xiii) Petition under Article 226 and 32 of the Constitution of India (xiv) Special Leave Petition (xv) Special leave petition under Article-136
Unit III: 07 lecture hours i. Petition under the Protection o f Women from Domestic Violence Act, 2005. ii. Petition under Dowry Prohibition Act, 1961 iii. Complaint under section 138 of Negotiable Instruments Act, 1881 with notice
Unit IV: Practical Exercises 03 lecture hours
i. criminal Complaint (Private) Withdrawal Petition U/S 257 of Cr.P.C ii. Criminal Complaint Withdrawal Petition U/S 321 of Cr.P.C iii. Compromise Petition U/s.320 of Cr.P.C in Respect of Compoundable Offences iv. Complaint against Cheque Dishonor v. Petition for Return of Property Under Section 451 of Cr.P.C Surety Affidavit vi. Warrant Recall Petition U/S 70(2) of Cr.P.C
Reference Books Statutes
1. Criminal Procedure Code, 1972 2. Criminal Procedure Code, 1973 3. Indian Penal Code,1860 4. Negotiable Instruments Act, 1881 5. The Protection of Women from Domestic Violence Act,2005 6. The Dowry Prohibition Act,1961
Books for Reading:
Murali Manohar, Conveyancing and Pleading, 2nd Edn -2004, EBC, Lucknow. [Part II Chapter’s 1-5] 3. KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad, 2004. [Part I Chapter’s 1-3, 24] 4. MC Agarwal &
KNC Pillai, Lectures on Criminal Procedure, 3rd Ed- 2004, Ashok Law House, Hyderabad.
Dr. Amit Sen, Legal Language, Legal Writing and Legal Drafting, 2nd Ed - 2006, Kamal Law House, Kolkata. [ Chapter’s 23,26,28]
KS Gopalakrishnans Pleadings and Practice, ALT Publications, Hyderabad, 2004. [Part II] [Part I Chapter’s 1-3, 24] 4. MC Agarwal & GC Mogha, Mogha’s Pleading, 17th Edn - 2006, EBC, Lucknow. [Part I Chapter’s 1-10] 6. GF Harwood, Odgers on Pleadings and Practice, 20th Edn- 1971, Universal Law Publishing Co. Pvt Ltd., Delhi.
COURSE COMPLETION PLAN
Sessions: 24 (lectures/practice exercise of 1 hour each) for a 2 credit course.
Total hours per week: 2.
Modes of Evaluation:
Description Weight age Schedule
1-Drafting submission 75% Academic calendar
2- Subject Grand Viva 15%
3- Attendance 10%
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C2103.1 3 3 3 - 3 2 3 3 3 -
C2103.2 3 3 3 1 3 1 3 2 2 -
C2103.3 3 3 3 2 3 2 3 3 3 -
C2103.4 3 3 3 - 3 2 3 3 3 -
C2103.5 3 3 3 - 3 2 3 2 2 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
CLCC 3001 Company Law I L T P C Version 1.0 48 0 0 4 Pre-requisites/Exposure Co-requisites SEBI Regulations Course Objectives
10. To facilitate the students to acquire knowledge of various aspects of Company Law- economic, formation, incorporation and floatation of a company, followed by commencement, administration and conduct of business. 11. To appreciate the issues, challenges and regulation of companies with the development of students' skills in legal reasoning, analysis and presentation through study of statutes, case law and regulatory practice relating to Company Law.
Course Outcomes
On completion of this course, the students will be able to
C3001.1 have strong conceptual knowledge of evolution of Company Law in India with a brief comparative understanding of evolution of English Company Law; C3001.2 appreciate the significance of company as a corporate entity compared to other form of corporate and non-corporate organizations; C001.3 demonstrate strong insight of the formation and incorporation of a company, including the foundational understanding of the general role of promoters; C3001.4 demonstrate the functional knowledge regarding the floatation of a company with the help of Prospectus; C3001.5 demonstrate foundational and functional understanding of shares and the incidental provisions related to it; C3001.6 demonstrate the insights of the practices, issues and challenges in the administration of a company
Catalog Description Company Law Corporate form of ownership is the most important form of ownership of business in the contemporary times. Its significance is due to many distinct advantages it has over other forms of ownership of business. In order to regulate various aspects of functioning of companies, Company Act was enacted in the year 1956, which was further amended in 2013. Till date this has been the lengthiest piece of legislation ever passed by the Indian Parliament. The emphasis in this course is on the fundamental principles of law relating to basics of Corporate Law covering topics right from the pre-incorporation to the establishment and management of a company. The teaching method to be used primarily is chalk and talks and class discussion along with the usage of power point presentations.
Course Content
Unit I: 12 lecture hours Theories of Corporate Personality Creation and Extinction of Corporations. Unit II: 2 lecture hours Corporations, Partnerships and other Associations of Persons, State Corporations Government Companies, Small Scale, Co-operative, Corporate and Joint Sectors
Unit III: 7 lecture hours Need of Company for Development, Formation of a Company, Registration and Incorporation. Memorandum of Association - Various Clauses - Alteration therein -Doctrine of Ultravires. Articles of Association - Binding Force - Alteration - its relation with Memorandum of Association - Doctrine of Constructive Notice and Indoor Management - Exceptions. Unit IV: 4 lecture hours
Prospectus- Issue - Contents - Liability for Misstatements - Statement in Lieu of Prospectus Promoters - Position - Duties and Liabilities
Unit V: 12 lecture hours Shares - General Principles of Allotment- Statutory Restrictions - Share Certificate its -Objects and Effects - Transfer of Shares - Restrictions on Transfer - Procedure for Transfer - Refusal of Transfer- Role of Public Finance Institutions - Relationship between Transferor and Transferee - Issue of Shares at Premium and Discount – Depository Receipts - Dematerialized Shares (DEMAT) Shareholder - who can be and who cannot be a Shareholder - Modes of becoming a Shareholder - Calls on Shares - Forfeiture and Surrender of Shares - Lien on Shares. Share Capital - Kinds - Alteration and Reduction of Share Capital - Further Issue of Capital- Conversion of Loans and Debentures into Capital - Duties of Courts to protect the Interests of Creditors and Share Holders Dividends-Payment - Capitalization - Profit
Unit VI: 7 lecture hours
Directors - Position - Appointment - Qualifications - Vacation Office - Removal -Resignation –Powers and Duties of Directors - Meeting, Registers, Loans – Remuneration of Directors - Role of Nominee Directors - Compensation for Loss of Office – Managing Directors - Compensation for Loss of Office - Managing Directors and other Managerial Personnel
Unit VII: 4 lecture hours Meetings - Kinds - Procedure - Voting
Text Books Sl. No. Title of the book Author/Editor
1. Company Law and Practice G K Kapoor & Sanjay Dhamija
2. Company Law Avtar Singh
3. Study Material- Executive (2017) ICSI
4. Charlesworth’s Company Law Stephen Girvin, Sandra Frisby and Alastair Hudson
5. Company Meetings K R Chandratre
6. Company Notice Meetings and Resolutions A M Chakraborti
7. Gower and Davies Principles of Modern Company Law Paul Davies
8. Guide to the Companies Act A Ramaiya
9. Lectures on Company Law and Competition Act K S Anantharaman
10. The Company Law C R Datta
Journals/Business Magazines: • AIR • Business today • Business world • Corporate Law Advisor • Economic and Political Weekly • Indian Bar Review • Journal of the Indian Law Institute • Lawyers update • Lex Witness • Outlook • Supreme Court Cases • The Practical Lawyer • Yale Law Journal
H: 3 WEB SOURCES: Database: • AIR • Ebscohost • Economic Outlook • Jstor • SCCOnline • Taxman • Westlaw
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal Mid- End term term exams exams Sub CT CT Assignt Project G.Viva Att. components I II -- -- Weightage (%) 10 10 20 20 20 20 Total 30% 20% 50%
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes The students will have strong conceptual knowledge of evolution C3001.1 of Company Law in India with a brief comparative PO02,05,09 understanding of evolution of English Company Law The students will be able to appreciate the significance of C3001.2 company as a corporate entity compared to other form of PO02,05,09 corporate and non-corporate organizations The students will be able to demonstrate strong insight of the C3001.3 formation and incorporation of a company, including the PO02,05,09 foundational understanding of the general role of promoters The students will be able to demonstrate the functional C3001.4 knowledge regarding the floatation of a company with the help PO02,05,09 of Prospectus The students will be able to demonstrate foundational and C3001.5 functional understanding of shares and the incidental provisions PO02,05,09 related to it The students will be able to demonstrate the insights of the C3001.6 practices, issues and challenges in the administration of a PO02, 05,09 company
l-
owards ethical, moral and social issues arising in in arising issues social and moral ethical, owards
-economic and techno-legal perspectives. perspectives. techno-legal and -economic Students will demonstrate conceptual knowledge in core areas of law. law. areas of core in knowledge conceptual demonstrate will Students
issues. legal practical to learnings their apply effectively will Students oral employing skills, professional law effective exhibit to able be will Students critica and rationalisation analysis, legal research, communication, written and thinking. dynamic from solutions alternative evolve to ability demonstrate will Students socio relevant the in employable be to qualities desirable demonstrate will Students market. t sensitivity show will Students career. professional their and leadership networking, teambuilding, commitment, exhibit will Students world. legal in excel to skills learning lifelong Course Course PO5 Code Title PO1 PO2 PO3 PO4 PO6 PO7
Company LLBL421 2 Law I 2 2 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Mid Semester Examination, October 2017 Program: BA. LL.B. Energy Laws Semester – III Subject (Course): Company Law I Max. Marks: 100 Course Code : CLCC 3001 Duration: 2 Hrs No. of page/s: 3
SECTION A: OBJECTIVE TYPE QUESTIONS (10 Marks)
1. One Person Company is a type of (1) a. Public company b. Private company 2. Company is a (1) a. Corporate sole b. Corporate aggregate 3. Can shareholders rectify an act which is ultra vires the Memorandum of Association? Yes or No (1) 4. Mention the various clauses of a memorandum of Association. (2) 5. Differentiate between a government and a statutory company (2) 6. Explain the concept of a. Authorized capital b. Subscribed capital c. Issued capital (3)
SECTION B: SHORT NOTES (2*10)
1. Explain the grounds for lifting of corporate veil in India. 2. Differentiate between a private and a public company
SECTION C: CONCEPTUAL QUESTION (20 marks)
An alteration was made in the Article of Association which read as following “The directors are authorized to expel any of the members without a prior intimation and the transfer his shares in their names without an instrument of transfer.”
1. Please explain with the help of a case law whether this amendment is valid or not? 2. How can an Article of Association be altered? 3. Mention the various restrictions on the alteration of the Article of Association?
SECTION D: ANALYTICAL QUESTIONS (50 marks)
1. The directors of the company took a debt from ABC Bank. According to the Articles of company the borrowing of money was permitted but there was a necessary condition that
a resolution should be passed in general meeting in effect of the same. In this particular situation the same was not followed, thus it was challenged by the shareholders that the company loan was not valid and the company did not owe any money to ABC Bank. You being the lawyer of ABC Bank explain the present situation with the help of doctrine of constructive notice and indoor management. Will the directors be personally liable in such a case or not. (20 marks)
2. Raj, a partner in a business firm wants to convert it into a company along with rest of his partners. He is not aware of the process which is to be followed for the same and thus he approaches you, a corporate law consultant. Guide him about the various phases of formation of a company. Further tell him about the rights and liabilities of the promoters of the company. (15 marks)
3. The formation of the company began on January 1st 2015, during which a Rs 2 crore property was bought by the company from one of the promoters, Mr A. After the company was incorporated it was found that the said property was bought by Mr A on February 15th, 2015 at a price of Rs 1.8 crores. It was realized that Mr A earned a profit in this transaction which was not revealed to the company. Analyse the given situation and kindly state the various options that the company has in this particular case. (15 marks)
L T P C CLCC3007 Family Law II Version 1.0 4 0 0 4
Pre-requisites/Exposure Fundamentals of Inheritance and Succession in Hindu and Muslim Law
Co-requisites Will, Gift
Course Objectives
1. The course is designed to analyze the presence of different personal laws for different community.
2. A critical and comparative study of different Personal laws governing testamentary and intestate succession i.e. their diversities, similarities, affinities and paradoxes.
3. Covers all major aspects of the law of succession relating to Hindus, Muslims, Christians and Parsi.
4. Examines, in particular, fundamental concepts dealing with the joint family, coparcenary, partition, interstate succession as well as the law relating to gifts, wills, and inheritance.
Course Outcomes
On completion of this course, the students will be able to
C3007.1: personal laws owe their diversity to their varied origin, distinct principles and the bulk of substantive law itself.
C3007.2: personal laws play a vital role in governing the conflicting interest of the individuals.
C3007.3: personal law of a person is not determined by his domicile or his nationality but by his membership of the community to which he belongs.
C3007.4: students become well versed with the intricacies and applicability of personal laws in handling the disputes
Catalog Description
Family Law is the branch of law, which touches each individual of the society. It governs an integral part of the life of the individual. The fundamentals of Family Law i.e. basic understanding of the personal laws i.e., Hindus, Muslims, Christians, Parsis & Jews and the knowledge of law governing marriage, divorce, maintenance and guardianship which has been covered in the course of Family Law I. Family Law-II deals with laws relating to Hindu Joint family, devolution of ancestral or coparcenary property, succession to separate property of a Hindu and the Muslim law relating to gifts, wills and inheritance.
Classroom activities will be designed to encourage stud ents to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Interactive approach is to be followed during the course of learning
Course Content
MODULE 1:
INTRODUCTION Mitakshara Joint Family: Mitakshara coparcenaries formation and incidents Property under Mitakshara Law: separate property and coparcenaries property Dayabhaga coparcenaries: formation and incidents, Property under Dayabhaga Law Karta of the Joint Family : who can be Karta, His /Her position, powers, privileges and obligation. Difference between Mitakshara and Dayabhaga Coparcenary Alienation of property: Separate and coparcenary Debts: Doctrine of Pious Obligation and Antecedent debt Partition- Concept, subject matter, modes, how partition effected
MODULE 2:
INTERSTATE SUCCESSION
Devolution of interest in Mitakshara Coparcenary property under the HSA,1956
General Principle of Inheritance under Hindu Law Succession to property of Hindu male dying intestate under the Hindu Succession Act, 1956, The Repealing and Amending Act, 2015 Succession to property of Hindu female dying intestate under the Hindu Succession Act, 1956 Disqualifications of heirs relating to succession General rules of succession & exclusion from succession under Islamic law: Shia & Sunni Classification of heirs under Hanafi and Ithna Asharia School; Their shares and distribution of property, Disqualified heirs Succession under Indian Succession Act 1925- Rules in cases of intestate other than Parsi
MODULE 3:
TESTAMENTARY SUCCESSION Will under ISA,1925- Of will and Codicil Execution of unprivileged & privileged wills Attestation , revocation, alteration & revival of will Will under Hindu law- Sec 30, HSA 1956; Will under Islamic Law- Competence Of Testator , testamentary limitations
MODULE 4:
DISPOSITION INTERVIVOS Gift under Hindu Law- Transfer of Property Act 1882 Hiba-meaning & characteristics, who can make and to whom Hiba, classification of Hiba Hiba during Marz –ul- maut, revocation of Hiba, Musha, Distinction between Hiba, Ariya, Sadaqa & Wakf, Hiba-ba- Shartul- iwaz, Hiba-bil-iwaz
MODULE 5:
PRE-EMPTION UNDER ISLAMIC LAW Pre-emption – Definition, Classification, Subject matter Formalities & legal effects, when right lost, Constitutional validity
MODULE 6:
HINDU RELIGIOUS EMDOWMENT
Traditional Religious principles of creation, Administration & Offices Statutory methods of creation of trust, Powers & functions of Trustees
MODULE 7:
Muslim Law of Wakf Wakf- meaning, essentials & formalities for creation Powers of Mutawalli Muslim Religious institutions & Offices Muslim Religious institutions & Offices
MODULE 8:
FAMILY &ITS CHANGING PATTERNS Processes of social change in India Settlement of Spousal property.
TEXTBOOKS:
5. Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis 6. Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006 7. Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011 8. Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia & Company,2010
REFERENCE BOOKS:
43. Asaf A.A. Fyzee, Outline of Mohammedan Law, Oxford University Press,2008 44. Flavia Agnes, Marriage, Divorce, and Matrimonial Litigation, Oxford University Press,2011 45. Mayne’s, Hindu law & usages, Bharat Law House, 2008 46. Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2012 47. Mulla, Principles of Mahomedan Law, Lexis Nexis Butterworths Wadwa, 2012 48. S.A.Desai, Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2008 49. Syed Khalid Rashid’s , Muslim law, Eastern Book Company, 2008
Modes of Evaluation:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3007.1 3 3 3 - 3 2 3 3 3 -
C3007.2 3 3 3 1 3 1 3 2 2 -
C3007.3 3 3 3 2 3 2 3 3 3 -
C3007.4 3 3 3 - 3 2 3 3 3 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: Family Law II Programme: Semester:
Time: 03 hrs. Max. Marks:100
Instructions:
Attempt all questions from Section A (each carrying 2.5 marks); any Two Questions from Section B (each carrying 10 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory.
Section A
Write short notes on any four of the following:
1. Doctrine of Pious Obligation 2. Deemed Partition 3. Charitable trust 10 4. Hiba -bil-iwaz 5. Unprivileged Will 6. Mutawali
SECTION B (20 Marks)
Q.2. “Waqf is a dedication in perpetuity of some specific property for a pious purpose.” Justify the [20] statement.
Q.3 Section 14 of the Hindu Succession Act, 1956, makes the property of a Hindu female to be her absolute property. Discuss fully the implications of this section.
Q.4 “The right of pre-emption or shufa is a right to acquire by compulsory purchase, in certain cases, in preference to all other persons”. Explain
SECTION C (20 Marks)
Q.5 What are the general rules of succession under the Hindu Succession Act, 1956. Also highlight [20] the notable features of Hindu Succession Amendment Act, 2005?
Q.6 “Unconditional transfer of property made immediately and without any exchange or consideration by one person to another and accepted by and on behalf of the latter” Elucidate the statement.
Q.7 “The legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death.” Explain the statement and draw a line of distinction between Hindu Law and Muslim Law.
SECTION D (50 Marks)
Q.8 The testator had three daughters and four sons. Property was bequeathed in favour of two sons, and daughter was excluded. Reasons were given for making the unequal distribution in the will, viz., that the daughters and other two sons were earlier given their share during partition of the property. The scribe had categorically stated in his testimony that the will was scribed by him at the dictation of the testator; the two attesting witnesses had deposed that the testator had signed the will in their presence while in sound disposing state of mind, after understanding the nature and effect of dispositions made by him. The will was written in ten pages and the testator had signed each of the pages. Handwriting expert compared the signatures of the testator with his admitted signatures. Thus, it could be said that the will had been executed. The mere fact that the testator was aged 80 years and died 15 days after the execution of the will could not be taken as suspicious circumstances.
a) Whether an unequal distribution of property in a will, per se, is a suspicious circumstance so as to invalidate the will?
b) Whether a Will can be challenged?
Q.9. Demarcate the share according to Indian Succession Act, 1925. a) Andy has two children, and no more, Tim and Georgia. Tim dies before his father, leaving his wife pregnant. Then Andy dies leaving behind Georgia surviving him, and in due time a child of Tim is born.
Q.10. Examine the validity of Gift: a) In a gift of a house to the wife, the husband hands over the keys to the done and continues in the house with his wife. b) D makes a gift of a house to S and puts him in possession. Thereafter S gives D a diamond ring as an iwaz and D accepts it. Later, D purports to sell the house to T. c) Salim is suffering from cancer and is bedridden. He makes a gift of his entire property in favour of his daughter Salma who was looking after him during illness. He dies within two months of his making gift leaving behind his son Shahid and daughter Salma. Shahid challenges the Gift. d) The grandfather made a gift to a minor without delivery of possession to the existing and competent guardian of the minor i.e. father.
Q.11. S sells land to B. P, who has a right to pre-empt, on receiving information of the sale omits, without sufficient cause, to claim his right immediately; makes an offer of the house to B and also agrees to cultivate the land with B. Suggest remedy if any to P.
Q.12. Explain the validity of Will under Muslim Law
a) A is survived by his son and daughter. To the son he bequeaths ¾th of his property and to the daughter1/4th. The daughter does not consent to the disposition. Explain the validity of will as per Muslim law. b) A testator bequeaths Rs.15000 to A, Rs. 30,000 to B and Rs. 45,000 to C by the same Will. The net value of his assets is 90,000 after payment of his funeral expenses and debts etc.
Q 13. Demarcate the shared as per Islamic Law of inheritance: a) A Muslim woman dies, leaving behind two daughters D1and D2 and a father. b) A Muslim woman W, dies and is survived by her parents M and F and two son’s daughter’s and son’s son’s daughter. c) A Muslim man A dies leaving behind two widows, W1 and W2 a full sister S1and the father F d) A Muslim male dies and leaves behind his widow W, two full sisters S1 and S2 and parents M and F.
CLCC3005 Property law including Transfer of L T P C Property and Easement Act Version 1.0 4 0 0 4
Pre-requisites/Exposure Contract law
Co-requisites Jurisprudence, Law of equity-trust
Course Objectives
1. To make the students understand basic principles and concepts related to transfer of property. 2. To enable the students understand and analyse various modes of alienation under Transfer of Property act, 1882 and related legal requirements. 3. Be acquainted with the questions of law involved in the transfer of property. 4. Be acquainted with the concept, creation, scope and application of easement. 5. To enable the students apply the law of transfer of property towards problem solving
Course Outcomes
On completion of this course, the students will be able to:
C3005.1 Understand basic principles and concepts related to transfer of property. C3005.2 Understand and analyse various modes of alienation under Transfer of Property Act, 1882; and related legal requirements. C3005.3 Understand and answer the questions of law involved in the transfer of property. C3005.4 Understand and apply the concept, creation and scope of easement. C3005.5 Integrate the different laws with the law of transfer of property, and apply them towards problem solving
Catalog Description
Before the advent of the Britishers, each community in India was governed by its respective customary law in matters relating to transfer of property. With the establishment of the formal litigative system and in absence of any legislation in this area, to begin with, the English judges applied the common law of England and the rules of equity, justice and good conscience with respect to disputes relating to transfer of property. The unsuitability of these provisions to the Indian conditions; the resulting conflict and the need for clarity of rules relating to this important branch of law necessitated the enactment of a legislation. Drafted in 1870, the Transfer of Property Act saw the light of the day in 1882 and provided the basic principles for transfer of both movable
and immovable properties. Moreover, a separate enactment titled the ‘Sale of Goods Act, 1930’ was passed to deal with transfer of movable property by sale.
The present course will cover a study of the general principles of transfer of property and detailed rules with respect to specific transfer of immovable property by sale, exchange, mortgage, lease and gift.
This subject is one of the most important subjects in law as it makes the student to learn about the transfers inter vivos. This subject has so much of practicalities and just reading book will not help. Subject requires the studying of Easement act, as easement is part and parcel of transferring of any property. It therefore becomes necessary that the students should be given the knowledge of the subject through lecture method and other methods with illustration for better understanding and group discussion so that the student may also inculcate the analytical approach of understanding the subject matter and can practically apply in life.
We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, case law analysis and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to read latest judgments newspapers etc.
Course Content
Unit I: 12 lecture hours JURISPRUDENTIAL CONTOURS OF PROPERTY Concept and Meaning of Property – Kinds of Property, - Movable and Immovable Property, Tangible and Intangible Property, Transfer in favour of unborn child Kinds of Interest. Direction for accumulation of Income Transfer of Property by Act of Parties Sec 5-21.
Unit II: 15 lecture hours
SALE OF IMMOVABLE PROPERTY
Doctrine of Election Sec. 35, Burden of obligation imposing restriction on use of land Transfer by Ostensible owner Prohibition of Benami Transactions
Transfer by unauthorized person who subsequently acquires interest in the property transferred. Doctrine of Lis pendens Fraudulent Transfer Sec. 53. Part Performance Sale of Immovable Property Secs. 54-55. Sale, Contract of Sale; Rights and Liabilities of Buyer and Seller.
Unit III: 8 lecture hours SPECIFIC TRANSFERS
Kinds of Mortgage Rights and Liabilities of the Mortgagor and Mortgagee. Marshalling and Contribution Redemption Pledge & Hypothecation
Unit IV: 8 lecture hours
Lease & License Rights and liabilities of lessor & lessee Termination of leases Waiver of notice to quit Waiver of forfeiture Charges Gift Transfer how effected Conditional gift Revocation Onerous gift Universal donee Will Exchange
Unit V: 5 lecture hours
EASEMENTS
Creation of Easements Nature and Characteristics of Easements. Kinds of Easement
Acquisition of Easement Doctrine of prescription Extinction, Suspension and Revival of Easements, Riparian Rights
Text Books
1. Poonam Pradhan Saxena, Property Law, Lexis Nexis, Ed.2nd ,2012,Nagpur 2. Dr. R.K.Sinha, The Transfer of Property Act, CLA, Ed.17th ,2016, Allahabad 3. G.P.Tripathi, The Transfer of Property Act, CLA,Ed.18th ,2014, Allahabad 4. T.P Tripathi, The Transfer of Property Act,1882, ALA, 2nd Ed. 2011,Allahabad 5. Shukla, S N, Transfer of Property Act,
Reference Books 1. Bharuka G.C , Mulla’s Transfer of Property Act 1882 , Lexis Nexis Buttherworths, Ed10th,2006,New Delhi. 2. Sarthi, Vepa. P., Transfer of Property , Eastern Book Publication,5th Ed, 3. Subbarao ,Transfer of Property , Eastern Book Publication,2012 4. Gour, Hari Singh; Lakshmanan, A R,Commentary on Transfer of Property Act ,Mallick, M R ,Goyle's A Commentary on the Transfer of Property Act, 157th Law Commission Report 7. 181 Law Commission Report 8. Transfer of Property Act,1882 9. Indian Easement Act,1882
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components MSE Internal ESE
Weightage (%) 20 30 50
Internal Assessment: 100 Marks (shall be done based on the following five components):
Description Weightage
1. Continuous Assessment 30%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3005.1 3 3 3 - 3 2 3 3 3 -
C3005.2 3 3 3 1 3 1 3 2 2 -
C3005.3 3 3 3 2 3 2 3 3 3 -
C3005.4 3 3 3 - 3 2 3 3 3 -
C3005.5 3 3 3 - 3 2 3 2 2 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, December 2017
Program: All Law Programs Semester – V
Subject (Course): Property Law including Transfer of Property and Easement Act Max. Marks : 100
Course Code :LLBL 402 Duration : 3 Hrs
No. of page/s: 3
Section A ( attempt any two)
1. Write short notes on any four of the following: [2] CO1 Immovable Property
2 Notice under TPA [2] CO1
3. Transfer of Spes Successionis [2] CO1,
4. Easementary Rights [2] CO1
5. Actionable Claim [2] CO1
SECTION B
6. Explain “Doctrine of Part Performance” and state the effect of amendment in the concept [10] CO2 made in 2001
7. Define ‘Mortgage’ and discuss various kinds of Mortgages contemplated U/S. 58 of the Transfer of Property Act, 1882 [10] CO2
SECTION C is Compulsory
8. Analyse the Amendment of Section 106 of TPA and recommendations of 181 Law [10] CO3 Commission Report
9. Explain the relevance of Section 41 of Transfer of Property Act along with analysis [10] CO4 of Benami Transaction( Prohibition) Act,1988
SECTION D
10 ‘A’ transfers his house situated at Bidholi Dehradun to ‘B’, to be enjoyed by ‘B’ during [10] CO5 his life time and then the property is to vest in the first born child of ‘B’. In case first born child of ‘B’ is a boy then property would vest in him absolutely when such child attains the age of 21 years. Deed also provided that in case the first born child is a girl, then property will vest in her absolutely at the age of 10 years. The deed also provided that if ‘B’ does not have a child at all; or such child dies before attainment of the age of 21 years or 10 years as the case may be, the property would go to B’s younger brother ‘C’. ‘B’ got married and his first child was a boy who died at the age of 20 years. ‘C’ is claiming for the possession and ownership of property on the basis of deed prepared by ‘A’ . Will he succeed? Discuss in light of the legal provisions and case laws.
11 ‘A’ is the owner of 10 acres of land that has only timber trees in various stages of growth. [10] CO5 Under a contract, he confers a right in favour of ‘B’ to enter the land and cut only standing
timber. The right is spread over a period of thirty years to enter upon the land and cut only those trees which are ready for the purpose of wood, furniture & any other related purpose. Explain the nature of right conferred in the agreement also distinguish between movable and immovable property with the help of case laws.
12 ‘A’ sells his house to ‘B’ who was tenant in possession, as ‘A’ was in need of money. Sale [10] CO5 deed was written but unregistered. ‘A’ afterward sells the same house to ‘C’, by a written, attested and registered agreement. ‘C’ claims the possession on the basis of title whereas ‘B’ also claims himself to be owner of the house. Decide the claims of ‘B’ and ‘C’. Justify your judgment by relevant provisions, case laws and authorities.
13 ‘A’ & ‘B’ were cousins. A made a will of his property in favour of his brother ‘B’. On [10] CO5 ‘A’’s death ‘B’ acquired the title of the property and subsequently sold it to ‘C’ who was one of their cousins. However, the deed provided a condition that if ‘C’ wanted to sell the property, he would sell it only to seller’s family and not to anybody else. Both the parties were of same caste. The deed further provided that the property was sold on this condition. ‘C’ sold the property to ‘D’, ignoring the condition incorporated and agreed by him in the deed. ‘B’ took back the possession of the property on the ground that ‘C’ had committed breach of condition, so the transfer in favour of ‘D’ was void. He also filed a suit against ‘C’ & ‘D’ seeking perpetual injunction restraining them from interfering with his possession of the property. Decide the claim of ‘B’. Justify your judgment by relevant provisions and case laws 14 ‘A’, was the owner of a land. Land had a fountain surrounded by houses. ‘A’ sold the land [10] CO5 to ‘B’ with a covenant that ‘B’ and his successors or assignees shall keep the fountain intact and shall not demolish it or construct any house in the fountain area. ‘A’ retained with him few of the houses which were surrounding the fountain. After 6 months ‘B’ sold the land along with fountain area to ‘C’. ‘C’ sold subsequently to ‘D’. ‘D’ had no notice of the terms of original covenant what ‘B’ and subsequently ‘C’ also had agreed upon. He started demolishing the fountain. For enforcement of the covenant ‘A’ filed suit against ‘D’ seeking injunction to restrain ‘D’ from demolishing the fountain and stop him from doing any construction in that area. Will ‘A’ succeed? Decide with help of relevant provisions & case laws.
CLEL3001 L T P C Oil & Gas Law & Policy (Upstream) Version 1.0 4 0 0 4
Pre-requisites/Exposure Basic knowledge of oil and gas sector
Co-requisites Nil
Course Objectives To acquaint students with the knowledge of:
upstream oil and gas sector, i.e., the industry and its working; political and economic significance of the oil and gas industry; evolving international and national laws governing in the sector; conceptual and operational principles of contract governing the sector; contractual and business issues in oil and gas sector; and to prepare the student with the knowledge to support the legal and other issues faced in the sector.
Course Outcomes
By the end of this course, the students shall be able:
C3001.1: to understand working of the upstream oil and gas sector, i.e., exploration and production;
C3001.2: to understand political and economic importance of the upstream sector;
C3001.3: to understand legal regime governing the sector and its relevance;
C3001.4: analyse and apply the law to the high risk and high cost nature of the upstream sector;
C3001.5: critically analyse and understand the upstream contracts with respect to procurement of goods and services; and
C3001.6: critically analyse and apply the various safeguard and protection available for the Government and the investor.
Catalog Description
The course has been designed to provide the students with an overall understanding of the upstream oil and gas sector. The Students are require to read the suggested materials as provided under the
relevant chapter, or as suggest by the teacher prior to such class. This is expected of the students to ensure an interactive class.
Each student is as much a stakeholder and knowledge sharer as the teacher, and is encouraged to ask questions to clarify his/her doubts and also bring in additional input to the discussion.
Each student will be evaluated based on his/her understanding of the sector and the applicable laws. This would be determined, amongst others, by observing his/her class interaction and contribution to the subject. They may also be asked to explain concepts discussed in the modules, including by way of presentation, case study, group discussion and other methods.
Course Content
Unit I: 2 lecture hours Basic Understanding and Working of the Oil & Gas Business
Industry overview and key players Upstream Midstream Downstream
Unit II: 6 lecture hours
Oil and Gas: International Politics and Relations
USA and its role in the oil and gas sector Middle East and oil war OPEC Cartel in oil and gas sector
Unit III: 3 lecture hours Understanding and Ownership of Oil and Gas
Ownership in Place Theory Non-ownership theory Qualified Ownership Theory The National Ownership Theory License/concession Leasehold
Unit IV: 6 lecture hours International Law and Oil and Gas
Sovereignty, Territory, and Boundaries Law of the Sea Delimitation of International Maritime Boundaries Environment and Oil and Gas Exploration
Unit V: 7 lecture hours Applicable Indian Law and Authorities
Constitution of India The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 The Oilfields (Regulation and Development) Act, 1948 The Petroleum & Natural Gas Rules, 1959 Ministry of Petroleum and Natural Gas Director General of Hydrocarbons
Unit VI: 8 lecture hours New Exploration and Licensing Policy/ Hydrocarbon Exploration and Licensing Policy NELP to HELP Policy Production Sharing Contract (PSC) and Revenue Sharing Contract (RSC) Commercial Discovery, Good Industry Practice, Minimum Work Program, Upstream Oil and Gas Law, Relinquishment, Title to Oil and Gas, Domestic Industry, Dispute Resolution & Cost Recovery
Unit VII: 7 lecture hours Upstream Exploration and Exploitation Related Contracts
Joint Bidding Agreement Joint Operating Agreement Area of Mutual Interest and Farm out and farm in contract
Unit VIIII: 7 lecture hours Allocation of Risk
Indemnity Sovereign immunity Stabilization clause International investment protection
Unit IX: 2 lecture hours Revision Classes
Reference Books
The Age of Oil by Leonardo Maugeri, available library The Prize – The Epic Quest for Oil, Money & Power, by Daniel Yergin, available library Oil and Gas, Cases and Materials, eighth edition, Richard C. Maxwell, Patrick H. Martin and Bruce M. Kramer, Foundation Press, Chapter 1, available library Oil and Gas M&A, A Practical Handbook, Consulting editor(s): Marc Hammerson and John LaMaster, Akin Gump Strauss Hauer & Feld LLP, available library Oil and Gas Production Contracts, Anthony Jennings, 1 Edition, Sweet & Maxwell, available in the library
Articles
Oil and gas production handbook: An introduction to oil and gas production, transport, refining and petrochemical industry, Håvard Devold, available public domain, at https://library.e.abb.com/public/34d5b70e18f7d6c8c1257be500438ac3/Oil%20and%20gas%20 production%20handbook%20ed3x0_web.pdf visited on 10 July 2017 Industry Oil & Gas for Beginner, Deutsche Bank Markets Research, 25 January 2013, available public domain Oil & Gas UK’s Economic Report 2016, public domain at http://oilandgasuk.co.uk/wp- content/uploads/2016/09/Economic-Report-2016-Oil-Gas-UK.pdf viewed 20 July 2017 Cartel Pricing in the International Energy Market: OPEC in Perspective, available HeinOnline The governance of oil and gas operations in hostile but attractive regions: West Africa, International Energy Law Review 2010, by Leon Moller, available Westlaw Petroleum and Power: China, the Middle East, and the United States By ZHIQUN ZHU, available HeinOnline Oil, Energy Poverty and Resource Dependence in West Africa, by Morgan Bazilian, Ijeoma Onyeji, Peri-Khan Aqrawi, Benjamin K Sovacool, Emmanuel Ofori, Daniel M Kammen and Thijs Van de Graaf, available HeinOnline Ownership of interests in oil and gas, by Woodward, M. K, public domain What effect does the ownership of resources by the government have on its people: a case study of Nigeria?, Omuli Iwere, public domain Ownership and control of oil, gas, and mineral resources in Nigeria: between legality and legitimacy, by Lanre Aladeitan, public domain The Development Of Oil And Gas Ownership Theory In Canada, by J. M. Macintyre, available HeinOnline The Anatomy of an International Exploration Contract Harry W. Sullivan, Jr, available HeinOnline
UPSTREAM PETROLEUM OPERATIONS, at http://geoqinetiq.com/Upstream%20Oil%20and%20Gas.pdf visited 10 July 2017 -Oil And Gas Development In Disputed Waters under UNCLOS, by Constantinos Yiallouride, available HeinOnline Deep seabed cultural property and the common heritage of mankind, by Anastasia Strati, available Westlaw Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v Honduras), by Elizabeth A. Kirk, available Westlaw Is joint development a panacea for maritime boundary disputes and for the exploitation of offshore transboundary petroleum deposits?, Yusuf Mohammad Yusuf, available Westlaw History of unitization-based cooperation in the development of offshore cross-border deposits, by Adina Anghelache Analyst, EPG, available public domain Cross-Border Unitization and Joint Development Agreements: An International Law Perspective, by Ana E. Bastida, Adaeze Ifesi-Okoye, Salim Mahmud, James Ross, and Thomas Walde, available public domain Oil Pollution And The Dynamic Relationship Between International Environmental Law And The Law Of The Sea, by James D. Fry and Inna Ameshevat, available Heinonline The Regulation Of Marine Pollution Arising From Offshore Oil And Gas Facilities - An Evaluation Of The Adequacy Of Current Regulatory Regimes And The Responsibility Of States To Implement A New Liability Regime, by Shane Bosma, available HeinOnline UNCLOS III: Pollution Control in the Exclusive Economic Zone', available HeinOnline Oil & Gas Decommissioning, Law, Policy and Comparative Practice, Marc Hammerson, available in library Upstream Law and Regulation, A Global Guide, Dr. Eduardo G Pereira, available in library Funding challenges in the oil and gas sector Innovative financing solutions for oil and gas companies, E&Y, available public domain Financing an Oil and Gas Project Aixin (James) Ma, available public domain Dispute resolution in the oil and gas industry: recent trends, Anthony Connerty, Journal of Energy & Natural Resources Law Dispute settlement and the Law of the Sea Convention: problems of fragmentation and jurisdiction, Alan E. Boyle, available public domain Taxing North Sea oil, by John H. Bartlett, available Westlaw Joint Operating Agreement, Mitigating Operational and Contractual Risk in Exclusive Operation, by Dr. Eduardo G Pereira, available in the library Current Issues on Joint Operating Agreements, by Patrick W. Gray Amy A. Lee, available public domain Joint Operating Agreements In Oil And Gas Industry: The Consequence Of Sole Risk And Non Consent Clauses To Joint Operation, by Junaidu Bello Marshall, available public domain The Oil and Gas Operator as Fiduciary, By Edward Evans, available HeinOnlin Liability for Oil and Gas Operations: An Operator's Perspective, Charles D. Marshall, Jr, available HeinOnlin
Golden V SM Energy Company And The Question Of Whether An Area Of Mutual Interest Covering Oil And Gas Rights Is Binding On Successors And Assigns, by ScoTT LANSDOWN, available HeinOnlin Do area of mutual interest agreements breach the doctrine of freedom of trade?, by Obinna Dike, available public domain Understanding Area of Mutual Interest, Preferential Rights and Maintenance of Uniform Interest Provisions in Joint Operating Agreements, by Gerald F. Slattery, Jr. Amanda Davis Landry, available public domain Fundamental Aspects Of Oil And Gas Law Revisited, Don Greenfield And Jay Todesco, Alberta Law Review, available HeinOnline Fundamental Aspects Of Oil And Gas Law Revisited, Don Greenfield And Jay Todesco, Alberta Law Review, Available HeinOnline The Anatomy of an Oil and Gas Drilling Contract, by Owen L. Andersont, available HeinOnlin, p 421 Oil and gas production handbook An introduction to oil and gas production, transport, refining and petrochemical industry, Håvard Devold, available public domain, https://library.e.abb.com/public/34d5b70e18f7d6c8c1257be500438ac3/Oil%20and%20gas%20 production%20handbook%20ed3x0_web.pdf dated 15 July 201 "Back to back" indemnities: benefits and potential danger, by Mark K. Amakoromo, International Energy Law Review, 2015, available west law. M.M. Andrade; "Knock for Knock Indemnities: Contract Practices and Enforceability Issues" OGEL 6 (2011), available OGEL The Legal Effect Given Stabilization Clauses in Economic Development Agreements, available HeinOnline Economic Development And Sovereign Immunity, By Georges R. Delaume, available HeinOnline Stabilization Clauses In International Petroleum Transactions Margarita T.B. COALE, available HeinOnline Anchoring Stabilization Clauses in International Petroleum Contracts, J. Nna Emeka, available HeinOnline Reducing Political Risk In Developing Countries: Bilateral Investment Treaties, Stabilization Clauses, And MIGA & OPIC Investment Insurance, Paul E. Comeaux & N. Stephen Kinsella, available HeinOnline Bilateral Investment Protection Treaties, By Glenn Gallins, available HeinOnline Russia and the Energy Charter Treaty: common interests or irreconcilable differences? By Doran Doeh, Sophie Nappert & Alexander Popov, available Westlaw Bilateral Investment Treaties for India, available http://investmentpolicyhub.unctad.org/IIA/CountryBits/96 Dispute resolution in the oil and gas industry: recent trend, by Anthony Connerty, available Westlaw Review of the "new legal framework for energy cooperation" and dispute resolution mechanisms in energy transit, by Piotr Szlagowski, available Westlaw
ARBITRATION JUDGMENTS: RELIANCE INDUSTRIES at http://indianlawwatch.com/practice/arbitration-judgments-reliance-industries/#_ftn3
Case Laws:
Elliff v. Texon Drilling Co. [146 Tex. 575, 210 S.W.2d 558, 1948 Tex. 4 A.L.R.2d 191.] Kelly v. Ohio Oil Co: 57 Ohio St. 317 (1897) Hail v. Reed, 54 Ky. (15 B. Mon.) 479 (decided in. 1854) Pacific Gas & Electric Co. v. Zuckerman North Sea Continental Shelf (F.R.G. v. Den., F.R.G. v. Ncth.), 1969 The Tuniso-Libyan Continental Shelf Case Union Of India vs Reliance Industries Limited And Others, Special Leave petition (Civil) No 11396 of 2015 Reliance Industries Limited and Anr v. Union of India, (2014) 7 SCC 603 Reliance Natural Resources Ltd v Reliance Industries Ltd (2010) 7 SCC 1 Reliance Natural Resources Limited v Reliance Industries Limited [2009] 149 CompCas 129 (Bom) Reliance Industries Limited v Reliance Natural Resources Limited 2009 (111) Bom LR 2507 Nuclear Tests case (Request for an Examination of the Situation) in 1995 Mox Plant case (ITLOS -UK v. Ireland), Request for Provisional Measures, ITLOS reports 2001 TLOS -Malaysia v. Singapore, Request for Provisional Measures, 5 September 2003, Narmada Bachao Andolan v. Union of India M.C. Mehta v. Union of India, Shobha Rama Subramanayyam v. The Member Secretary In S. Jagannath v. Union of India, Dime Box Petroleum Corp. v. Louisiana Land and Exploration Co. Caddo Oil Co. v. O'Brien Double-Eight Oil & Gas L.L. C v. Caruthurs Producing Co., Helmer Directional Drilling v. Dexco, Inc Blocker Exploration Co. v. Frontier Exploration, Inc., Abraxas Petroleum Corp. v. Hornburg, 20 S.W.3d 741 Cone v. Fagadau Energy Corp., 68 S.W.3d 147 (Tex.App. – Eastland 2001, pet. denied). Texaco Exploration & Production Inc. v. Smackco, Ltd., Lancaster v. Petroleum Corporation of Delaware Mobil Producing Texas & New Mexico, Inc. v. Cantor, 93 S.W.3d 916 Stable Energy, L.P. v. Kachina Oil & Gas, Inc., 52 S.W.3d 327 (Tex.App. – Austin 2001, no pet.). Caledonia North Sea Ltd v British Telecommunications plc Caledonia North Sea Ltd v London Bridge Engineering Ltd [2002] UKHL4; [2002] 1 Loyd’s Rep 553, HL
EE Caledonia Ltd v Orbit Valve Co Europe Plc [1995] 1 All ER 174 Court of Appeal Yukos Universal Limited (Isle of Man) v. The Russian Federation IP Petroleum Company, Inc. v. Wevanco Energy, L.L.C., 116 S.W.3d 888
Applicable Law and Conventions
Constitution of India The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 Oilfields (Regulation and Development) Act, 1948 The Petroleum & Natural Gas Rules, 1959 The Indian Easements Act, 1882 The Transfer of Property Act, 1882 Truman Proclamation – 1945 Geneva Convention on the Continental Shelf - 1958 United Nations Convention on the Law of the Sea – 1982
REPORTS
Rangarajan Committee Report Kelkar Committee Report
CONTRACTS
Production Sharing Contract Revenue Sharing Contract
WEBSITE:
http://petroleum.nic.in http://dghindia.gov.in/ www.ssconline www.ssrn.com www.jstor.org
www.westlaw.com www.heinsonline.com
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination
Examination Scheme:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Assessment: Marks 100 converted to 30 (shall be done based on the following 5 components):
The continuous evaluation tools employed are:
1. Quiz/Class Test/ Snap Test (20% weightage) 2. Assignments/Court Room Exercise/ Research Paper/Case analysis (20% weightage) 3. Project Work Presentation (20% weightage) 4. Subject Grand Viva (20% weightage) 5. Attendance (20% weightage)
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
Mapping between COs and POs
Mapped Course Outcomes (COs) Programme Outcomes
Student will be able to understand working of the upstream oil and gas sector, i.e., exploration and CO1 production; PO1, PO2
Student will be able to understand political and economic CO2 PO5, PO3 importance of the upstream sector;
Student will be able to understand legal regime governing CO3 PO4, PO5 the sector and its relevance;
Student will be able to analyse and apply the law to the high PO3, PO4, CO4 risk and high cost nature of the upstream sector; PO5
Student will be able to critically analyse and understand the PO3, PO4, CO5 upstream contracts with respect to procurement of goods PO5 and services; and
Student will be able to critically analyse and apply the PO3, PO4, CO6 various safeguard and protection available for the PO5 Government and the investor.
-
nsitivity towards sustainable development in their professional career. professional their in development towards sustainable nsitivity
techno-legal perspective. perspective. techno-legal
Students Students will demonstrate conceptual knowledge in core areas of law with emphasis on laws energy to vectors. relating energy in issues legal practical socio of business/market, energy understanding demonstrate conceptual will Students to learnings their and economic apply effectively will Students business/market. be and sector energy the in employable be to qualities desirable demonstrate will Students future ready. show se will Students Course Course PO1 PO2 PO3 PO4 PO5 Code Title
Oil & Gas Law and LLBD411 3 3 3 3 3 Policy (Upstream)
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Enrolment
Course: CLEL 3001 – Oil & Gas Law and Policy (Upstream) Programme: B.A., L.L.B. (Energy Law) Hons Semester:
Time: 03 hrs. Max. Marks:100
Instructions:
Attempt all questions from Section A (each carrying 2 marks); all Questions from Section B (each carrying 5 marks); Attempt all questions Section C (each carrying 5 marks) and all Questions from Section D (each carrying 25 marks).
Section A (Answer all)
What is a joint operating agreement?
What do you understand by decommissioning or site restoration?
What is the difference between breach of contract (Sec 73) and indemnity (Sec 124) under the Indian Contract Act?
What is a stabilization clause?
What is the difference between Assimilative Capacity Theory and Precautionary Principle?
SECTION B (Answer all)
What are typical costs that one can discover under the PSC? In what order, and how can they be recovered?
What are the various environmental conventions applicable to oil and gas operations on the continental shelf? Elaborate.
What do you understand by relinquishment under the PSC? What were the main concerns with respect to such relinquishment?
What is Minimum Work Program (MWP) and what are the issues with MWP under the PSC?
What are the various take of Government under the PSC? Explain.
SECTION C (Answer all)
Under the PSC, sharing of Profit Petroleum is on the basis of the Pre-Tax Investment Multiple (PTIM). What is PTIM? What are the issues with PTIM?
HELP policy introduced by the Government propose to bring in new interest from investors, national and international. Discuss how HELP proposes to achieve the same? Do you think it will work?
How does NELP and HELP propose to promote domestic industry? Elaborate.
At what valuation and to whom can a contractor sale oil and gas produced from a block in India under a PSC? What are the issues with regard to the same?
SECTION D (Answer all)
Operator, W, has entered into various contracts for the purpose of petroleum operations, amongst which, A proposes to undertake seismic study, Y propose to undertake drilling operation and Z proposes to undertake the supply of maintenance personals for the rig. In view of the above answer the following:
a) How can W contractually protect itself from liability against each of its contractors? What is the relevance of such indemnity clause in oil and gas contracts? Explain with relevant case laws, is any.
b) It has come to W’s notice that each of its contractors has further sub-contracted its obligation to various smaller contractors. How would W ensure that it is protected against each of such sub-contractors with whom W has no direct relationships? Will such indemnity be able to absolutely protect W against all claims? Explain with relevant case laws, is any.
c) What are the guidelines issued by the English courts in drafting of indemnity clause in oil and gas contracts? Explain with relevant case laws, if any.
d) Draft a typical Mutual/Knock-for-Knock Indemnity clause found in upstream contracts? What are the main issues and concerns with respect to such indemnity clause? Explain with relevant case laws.
X and Y jointly propose to bid for a block offered under NELP IX. X has been operating in the oil and gas industry for over a decade, and Y is an infrastructure company with huge commercial presence in the downstream oil and gas sector. Y proposes to enter into the upstream oil and gas sector for the first time, hence has decided to partner with X. X and Y proposed to have 20:80 participating interest in the block. In view of the above, Y has approached you to advice on the following:
a) What are various standards used to determine the qualification of an operator? Can Y qualify as an operator?
b) What are the various contracts that X and Y is required to execute for the purpose of the bid, operation and execution of the project, and what are their relevance?
c) What are the typical rights and responsibilities of the operators under the joint operating agreements (JOA)? How are the rights and obligations shared between the contracting parties to the JOA? Explain with relevant case laws, if any.
d) What is the relationship between the operator and the non-operator? Can the non-operator be liable for the conduct of the operator? If so, when and why? Explain with relevant case laws.
e) What is a sole risk operation? What are the issues with sole risk operations?
CLNL3006 Economics of Surface & Maritime L T P C Transportation Course Objectives
Version 1.0 3 0 0 4 1. To facilitate the students to acquire Pre-requisites/Exposure Senior secondary level knowledge knowledge of varied aspects of economics of Co-requisites surface and maritime transportation. 2. To appreciate the issues, challenges and regulation with the development of students' skills. 3. To enable the students with strong conceptual and comparative analytical skills; 4. To enable the students to apply the knowledge in practice.
Course Outcomes
On completion of this course, the students will be able to
C3006.1: comprehend the structure and dynamics of global maritime transport.
C3006.2: analyze and interpret the economic impact of surface and maritime transport.
C3006.3: assess the Administration and financing of road construction, extension maintenance.
C3006.4: Better, comprehend international logistics & supply- chain Operations.
Catalog Description
Recent environmental changes over the world and rapid advancement of ocean technology are shifting the perception of maritime industry. In addition, economic depression what relocated the economy from developed to developing also diverted the course of marine trade towards developing country like China or other Asian country.
Due to financial crisis and challenges in improving the shipping policy, any country is dependent on the global shipping. In reality, control of shipping has effectively shifted from national level to international level also moving from application of local rules to a complex and growing set of global requirements.
Thus the comprehensive exposure is being provided through this course, on the economics of the ports and the shipping trade in an integrated manner to enable the students to face the volatile, uncertain, complex and anomalous maritime domain in the backdrop of developments like fuel prices and port charges for constructing the market structure and business environment
The course focuses on identification of critical issues and framing of strategies & scenarios required to select and develop scarce resources.
Classroom activities involving lectures, discussions & case studies (topped up with role play) will be designed to encourage students to get involved and absorb & assimilate inputs. These activities will also be supplemented by group discussions, cooperative group solving problems, analysis of video scenes and debates.
Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, etc.
Course Content
Unit I 9 lecture hours
ECONOMICS OF ROAD TRANSPORT Statutory structure of road transport. Taxation of commercial motor transport, regulation of road transport in India. Administration and financing of road construction, extension maintenance. Current problems of road transport.
Unit II 9 lecture hours
ECONOMICS OF RAIL TRANSPORT Railway administration, re-grouping. Railway budget and finance, railway rate making classification of goods railways rate tribunal. Core problems of Indian railways.
Unit III: 10 lecture hours
SHIPPING ECONOMICS Shipping economics, Shipping Rates, Liners and Tramps, competition and shipping conferences. Development of Indian shipping, economics of port and Port Procedure, current problems, shipping policy and five years plans, chartering business, containerization.
Unit IV: 10 lecture hours
PORT ECONOMICS Role of ports in maritime industry, national economy and international trade, Port Operations: Sea Ports, Bulk terminals, container terminals, ICDs. Port Production and costs structures, Port Competition, Prot Pricing, Regulatory Economics of Ports.
Unit V: 10 lecture hours
SECTORAL REPORT The Course will culminate by student writing a Sectoral report which will be based on the topic assigned by the instructor. The structure of Sectoral Report would be provided as part of the course plan and will be based on secondary research. The minimum size of the report should be 50 A4 size pages typed in single space, duly referenced and data sources mentioned. This report in essence depicts the interplay of existing laws and the regulatory issues that the sector faces. This Sectoral Report will have weightage of 50% of internal assessment.
Book Recommended:
1. Acworth, W. M. Elements of railway economics, 1905.
2. Locklin, D. P. (1966). Economics of transportation (No. Textbook).
3. Fenelon, K. G. (2017). The economics of road transport (Vol. 9). Routledge.
4. Knoop, D. (1913). Outlines of railway economics. Macmillan and Company, limited.
Modes of Evaluation:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% 100 (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3006.1 3 3 3 - 3 2 3 3 3 -
C3006.2 3 3 3 1 3 1 3 2 2 -
C3006.3 3 3 3 2 3 2 3 3 3 -
C3006.4 3 3 3 - 3 2 3 3 3 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
CLCC3020 Airport Economics & Law L T P C
Version 1.0 3 0 0 4
Pre-requisites/Exposure Senior Secondary school level knowledge
Co-requisites
Course Objectives
6. To help the students to understand the scope & need for basic Airport Economics and law. 7. To enable students to apply these concepts/principals at the Airports or Airport terminals. 8. To provide the students to analyse specific Airport Charging Principals for further action. 9. To enable students to synthesize related information and evaluate options for the most logical and optimal solution for revenue maximisation.
Course Outcomes
On completion of this course, the students will be able to
C3020.1 Demonstrate conceptual understanding in the process and perspectives of Airport Economics
C3020.2 Specify the needs for the Airport Aeronautical and Non-aeronautical Revenue planning and find solutions
C3020.3 Assess the specific needs of inputs used for fixation of Airport charges
C3020.4 Identify the optimal course of action in finalising Airport Charges
Catalog Description
The main objective of Airport Economics course is to help the students to acquire and develop skill to take rational decisions in the process of Airport Revenue planning to meet costly Airport infrastructure needs. With the evolution of Aviation economy, international trade patterns, including sizes and structure of Airports, the principles of design and development of Airports have undergone a radical change which now caters aviation needs to their operational and logistical requirements.
Airports are now more than piers and a monolithic infrastructure. As an efficient Airport planning manager, he must be able to use the tools like forecasting, quality management, indicating cost benefits & in the end guide the planning team to create an acceptable & implementable business plan in Airport project.
The course focuses on identification of critical issues and framing of strategies & scenarios required to select and develop scarce resources.
Classroom activities involving lectures, discussions & case studies (topped up with role-play) will be designed to encourage students to get involved and absorb & assimilate inputs. These activities will also be supplemented by group discussions, cooperative group solving problems, analysis of video, scenes and debates.
Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, newspapers etc.
Course Content
Unit I 6 lecture hours
INTRODUCTION TO AIRPORT INDUSTRY Overview of Global Airport Industry, Economic characteristics of Airports, Policy on Airport Infrastructure.
Unit II: 7 lecture hours
AIRPORT AS PUBLIC UTILITIES Concept of Natural Monopoly and essential services, Airport Demand Analysis, Contributions of Airports to the national Economy.
Unit III: 7 lecture hours
AIRPORTS AND CHANGING MARKET STRUCTURES Airport as Monopoly Market, Price Determination in Monopoly Market, Price Discrimination in Monopoly Market, Pricing Issues in airport industry, Emerging Airport market Structures.
Unit IV: 7 lecture hours
AIRPORT COST AND REVENUE STRUCTURE Revenue and Cost streams of Airport Business, Airport Cost Centre, ICAO policy on airport charges.
Unit V: 7 lecture hours
AIRPORT CAPACITY AND CATEGORIZATION Concept of Airport Capacity and categorization, Types of airport capacity, Measurement of airport capacity.
Unit VI: 7 lecture hours
AIRPORT SLOTS AND PERFORMANCE MEASUREMENTS Airport Performance and Productivity, Areas of measurements, Economic performance indicators, Economics of Airport Slots, Airport Benchmarking.
Unit VII: 7 lecture hours
AIRPORT REGULATORY ECONOMICS AND AIRPORT PRIVATIZATION Methods of determination Regulatory Asset Base (RAB), Overview of economic models of privatization, Economic Models for Airport Privatization, Bidding Process.
.
Modes of Evaluation:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% 100 (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3020.1 3 3 3 - 3 2 3 3 3 -
C3020.2 3 3 3 1 3 1 3 2 2 -
C3020.3 3 3 3 2 3 2 3 3 3 -
C3020.4 3 3 3 - 3 2 3 3 3 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
L T P C CLNL3008 Energy Economics & Law
Version 1.0 2 0 0 0
Pre-requisites/Exposure Basics of Oil and gas Terminology, basic Economics & Accounting.
Co-requisites Nil
Course Objectives
The objective of the course is to introduce the concept, to the students of Law, starting with the basics of Energy. Energy is one of the basic and the most vital requirements of the economic growth of the countries on which rests the entire infrastructure of the economic development and prosperity. The knowledge of energy associated with economics would greatly help in dealing with various issues. Energy has various components starting from renewable, non –renewable. The study would also involve dealing with issues related to price disputes, regulations and directives related to economics evaluations, in calculations of the time value of the investments. The course would proceed to dealing with the policy issues the international issues of relations pertaining to oil matters, oil depletion and exhaustion and exploration and drilling operations, economic valuations of crude oil the economics involved in refining processes and even the retailing of petroleum products. This would strengthen the knowledge at all levels of the petroleum sector and prepare the students to be well cognizant with more than just the basics, and perform above average in the real world.
Course Outcomes
By the end of this course, the students shall be able:
C3008.1: to understand basics of energy and working of the value chain of the oil and gas industry.
C3008.2: to understand the basics of Energy Industry
C3008.3: to understand the concepts of Oil economics
C3008.4: analyse and apply the principles of economics in the Natural Gas sector.
C3008.5: critically analyse and understand the electricity sector and application of economic concepts on the same.
Catalog Description
The course has been designed to provide the students with an overall understanding of the Energy sector. The Students are require to read the suggested materials as provided under the relevant chapter, or as suggest by the teacher prior to such class. This is expected of the students to ensure an interactive class.
Each student is as much a stakeholder and knowledge sharer as the teacher, and is encouraged to ask questions to clarify his/her doubts and also bring in additional input to the discussion.
Each student will be evaluated based on his/her understanding of the sector and the applicable laws. This would be determined, amongst others, by observing his/her class interaction and contribution to the subject. They may also be asked to explain concepts discussed in the modules, including by way of presentation, case study, group discussion and other methods.
Course Content
Unit I: 6 lecture hours Introduction
Meaning of Energy and different types of Energy Overview of concepts of Natural resources of Energy Issues of Mineral Taxation
Unit II: 6 lecture hours
Energy Industry
Oil & Gas Policy Industries- OPEC & the World Oil Markets Energy Utilities Economics Cross subsidy
Unit III: 3 lecture hours Oil Economics
Hydrocarbons: Introduction Rising Oil Pricing Indian Upstream sector
Unit IV: 6 lecture hours Natural Gas Economics
The Natural Gas Market Anatomy of Oil & Gas stocks Computing Profitability Margins concepts
Retail Pricing issues
Unit V: 3 lecture hours Electricity Economics
Electricity Markets and Competitions Regulation of Distribution Energy value chain Energy Costs estimates
REFERENCE BOOKS
S.No Author Title Publisher
a) Jean MASSERON Petroleum Economics Editions Technip; 4th Revised edition edition
b) Subhes C. Bhattacharya Energy Economics Springer
c) Edited by Daving Long Oil Trading Manual Woodhead publishing Limited
ARTICLES
National Mineral Policy,2008. A report on “4 Taxation and Investment issues in mining” by Paul Mitchell Petroleum Economist
CONTRACTS
Production Sharing Contract
Revenue Sharing Contract
WEBSITE:
http://petroleum.nic.in http://dghindia.gov.in/ www.ibm.nic.in www.cerc.gov.in
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination
Examination Scheme:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Assessment: Marks 100 converted to 30 (shall be done based on the following 5 components):
The continuous evaluation tools employed are:
6. Quiz/Class Test (40% weightage) 7. Assignments (20% weightage) 8. Group Presentation (20% weightage) 9. Class participation (20% weightage)
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
Mapping between COs and POs
Mapped Course Outcomes (COs) Programme Outcomes
Students will be able to understand basics of energy and CO1 PO1, PO2 working of the value chain of the oil and gas industry.
Students will be able to understand the basics of Energy CO2 PO5, PO3 Industry
Students will be able to understand the concepts of Oil CO3 PO4, PO5 economics
Students will be able to analyse and apply the principles PO3, PO4, CO4 of economics in the Natural Gas sector. PO5
Students will be able to critically analyse and understand PO3, PO4, CO5 the electricity sector and application of economic PO5 concepts on the same.
-
-legal perspective. perspective. -legal
l demonstrate desirable qualities to be employable in the energy sector and be and sector energy the in employable be to qualities desirable demonstrate l Students Students will demonstrate conceptual knowledge in core areas of law with emphasis on laws energy to vectors. relating energy in issues legal practical socio of business/market, energy understanding demonstrate conceptual will Students to learnings their and techno economic apply effectively will Students business/market. wil Students future ready. career. their professional in development sustainable towards show sensitivity will Students Course Course PO1 PO2 PO3 PO4 PO5 Code Title
Energy LLBD506 Economics 3 3 3 3 2 & Law
1=weakly mapped
2= moderately mapped
3=strongly mapped
Graduate attributes, UPES School of Law
1. Knowledge of concepts of law with comparative understanding of legal systems 2. Interdisciplinary knowledge of law and related fields/domains 3. Application of law to problem situations employing logical, analytical and decision making skills 4. Effective law professional skills pertinent to law such as oral and written communication, legal research, rationalization, critical-thinking, planning and organizing 5. Specialist law professional having insight of practices, issues and challenges 6. Ethical, moral and social responsibility 7. Influencing skills such as commitment, leadership, team building and networking 8. Life-long Learning skills
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, April 2018
Program: BA LLB (Hons) - Energy law
Subject (Course): Energy Economics and Law Max. Marks : 100 Course Code : CLNL3008
Duration : 3 Hrs No. of page/s: 5
Please answer all sections.
SECTION A (10x1= 10 Marks)
I. Answer the following in two lines: (5x2= 10 Marks) - CO 2,3,4,5 1.) CTU in India 2.) Blockchain in power trading 3.) US Energy storage market 4.) JCC 5.) Anwarul Huda Committee.
SECTION B (4X5=20 Marks)
1. Explain the functions of CERC in detail. CO5
2. Explain the reasons for decrease in volume of electricity trading in India. CO5
3. There has been transition from NELP to HELP. Explain the journey. CO2
4. There are various challenges faced by the shale gas companies. CO4
SECTION C (10X2= 20 Marks)
Q1. What are the major elements of the National Mineral policy, 2008? Who are the major
stakeholders involved in it? CO1
Q2. Bilateral trading of electricity constitutes around 80 percent of the short term power market. In light of the same, Explain the process of power trading through bilateral traders in India. CO5
SECTION D (50 Marks)
Q1. Explain the salient features of Electricity Act, 2003. (20 marks) CO5
Q2. Read the case study and answer the questions mentioned at the end: (30 marks) CO3
It is now more than two years since the Gulf crisis of August 1990, and with hindsight it is clear that there has been a tendency in the west to ignore the impact of the crisis on developing countries. Apart from an Overseas Development Institute report on this subject published in February 1991, there has been little discussion on the long-term implications. This is because the developed world itself managed to more or less contain the economic impact of the crisis. This impact stemmed largely from fears of international terrorism which affected the services sectors, in particular tourism and travel. There was perhaps some decline in aggregate demand which may have prolonged the recession. Given these possible repercussions, it can be said that the economic effects of the crisis were not very significant for the developed world.
The most important point to emerge from this study is that while the Gulf crisis was responsible for only a short period of high oil prices, the implications for a developing economy were neither insignificant nor short term. The argument that reduces the impact of the crisis to the effect on the services sector and the recession, may be relevant for most developed economies but cannot be extended to developing countries. Indeed, there have been long-term economic effects on developing countries, and the crisis exacerbated a generally weak economic situation. The resolution of these problems through appropriate policy formulation is in itself far more complex than is commonly granted.
This study has shown that the impact of the Gulf crisis has differed widely amongst developing countries, depending on both their economic condition and their particular policy responses. Most developing economies faced increased oil import bills. Whether the response to higher oil prices took the form of reducing volume imports or financing the costlier imports, either through external help or internal means, the impact on the economy was significant. The reduction of imports often entails a certain suppression of domestic demand with its attendant consequences on economic growth. The lack of a volume response to higher oil prices may mean increasing balance of payments deficits, an exacerbation of the debt situation of the economy and a secondary impact on its long-term growth. The burden of additional borrowing abroad is not negligible and nor are the inflationary consequences of passing through higher intemationa1 oil prices domestically.
In principle it is possible to produce policy recommendations for all crises, and the Gulf oil crisis is therefore no exception. The successful implementation of policy recommendations however, particularly in developing economies, is more problematic. The two main aspects of the 1990 crisis pertinent to these economies were the ‘product crunch’ and the cut-off from two large sources of supply, Iraq and Kuwait. Given these particularities of the crisis, it would seem that general policy recommendations on how to reduce exposure to an oil price shock should include a call for developing countries to hold stocks, have adequate excess and upgraded refining capacity, and diversify sources of supply. Such measures, however, may prove to be costly.
The expansion of refining capacity for the purpose of keeping some spare capacity idle as a cushion would probably involve more costs than benefits. First, the capital costs of both capacity expansion and refinery upgrading are high and secondly, the possibility of the next oil crisis constraining crude oil supply rather than product supply may not justify this capital outlay in refineries.
Policy recommendations concerning the building of stock levels and the diversification of sources of oil supply are, however, more general ‘cushioning’ measures in the event of an oil shock. As regards stock levels, it appears from this study that this cushioning measure is one that less developed economies can ill afford. Even if the energy sector gets priority in a country’s economic agenda, it is less than likely that adequate stock levels will be given high priority. The study has shown that only the more developed of the developing countries (such as Korea) could avail themselves of stocks at par with those decreed for developed economies, and countries such as Pakistan floundered with barely a week’s worth of stocks.
Diversification of trade partners is of course extremely useful when a crisis cuts off supplies from one or two major sources. However, similar to other policy recommendations, it is not easily fulfilled. At issue here is the particular economic condition of developing countries which does not allow them to diversify sources of supply. The diversification of supply sources is
only an option for countries where the volume of oil imported is large. Korea, for instance, importing about 50 million tonnes of oil a year had the least exposure to the loss of Iraq and Kuwait as sources of supply. Pakistan, importing about 10 million tonnes of oil, lost 88 per cent of its product imports as a result of the loss of Iraq and Kuwait as sources of supply.
Another factor influencing the availability of diversified sources of supply relates to the ability of certain countries to trade for hard currency; those that suffer from foreign exchange constraints are inclined to secure barter arrangements. The predicament that most eastern European countries found themselves in during and after the Gulf crisis reveals this difficulty.
Perhaps more so than others, the countries in Eastern Europe had to contend with both a price shock and a supply shock. In other words, Eastern Europe faced the impact of both the Gulf crisis and the collapse of the Soviet Union. The relationship of these countries with the Soviet Union had already started to change before the Gulf crisis. Exports from the Soviet Union were being reduced, and there was an increasing tendency toward hard currency terms for supply contracts. These two trends had affected these economies already, in the sense that alternative suppliers had been found, in most cases, in Iraq, and mostly in barter arrangements. Other countries were affected only by the Gulf crisis, but the dependency of some on barter relationships greatly reduced their flexibility in diversifying sources of supply.
The Brazilians lost a multi-billion dollar barter relationship with Iraq for which alternative sources of supply could not fully compensate, despite favourably termed contracts. And finally, India too had to contend with a Soviet Union increasingly clamoring for hard currency for its exports, a situation only exacerbated by the loss of Iraqi supplies to the Soviet Union.
It is clear that to secure diversified sources of supply and find oil-exporting countries willing to negotiate the contract terns commensurate with the economic and financial standing of particular developing country is perhaps more easily recommended than achieved. In successfully diversifying supply sources, as in successfully implementing other policy recommendations, one keeps returning to the problem of a country being able to afford cushioning mechanisms against shocks. An economy strapped for cash has very few options in the event of a crisis. Although this study acknowledges the benefits of certain policy recommendations, if one is to understand the complex predicament that developing countries find themselves in, the limitations of such proposals must also be emphasized.
Q1. Explain the significance of the Gulf Crisis on the developing countries in its varied forms/various ways.
Q2. Explain the all instances where policy recommendations would useful.
SEMESTER 6
CLCC3006 COMPANY LAW – II L T P C Version 1.0 48 0 0 4 Course Objectives
Pre-requisites/Exposure CONTRACT ACT, 1872 1. To enable students in understanding the Laws, Co-requisites EQUITY & TRUST Rules & Regulations relating to the companies and related business entities including MNEs (Multinational Entities) and securities market and to enable them to apply such rules
2. To enable students to understand international regime of companies including the multinational entities.
3. To enable students to understand the relationship between companies and international trade laws including the matters relating to impact of currency fluctuations on the business of the corporations.
Course Outcomes
On the completion of this course, the students will be able to -
C3006.1: The students will have the efficiency of applying the fundamentals of law of contract and companies’ laws on the functioning of the companies.
C3006.2: The students will be able to appreciate the significance of company as an entity distinguish between the Indian and the multinational entities.
C3006.3: The students will be able to demonstrate strong insight general functioning of the company like borrowing power, shareholder’s rights, debentures, charges, investment etc.
C3006.4: The students will be able to demonstrate efficiency of handling various problems relating to the general functioning of the companies by writing various projects and assignments.
C3006.5: The students will be able to connect the principles of the companies’ laws with the governance of the companies.
Catalog Description
Companies Law - II deals with the laws, rules and regulations relating to the general functioning of the company as It deals with the investment, loan, borrowing power, charges, shareholders rights and their corporate rights etc. The students will have the opportunity to understand the relationship of companies’ law principles and the principles of corporate governance. Simultaneously, this subject attaches companies with the international trade and deals with the matters like the impact of the currency fluctuation on the companies, development of various types of companies into modern corporation including the multinational companies and joint ventures.
COURSE OUTLINE
UNIT I: INVESTMENT, CHARGES AND BORROWING POWERS (8 Classes)
1. Borrowing Power of a company; 2. ultra vires borrowings; 3. charges and mortgages 4. Fixed and Floating Charges 5. Inter- corporate loans and investments
UNIT II: DEBENTURES (6 Classes)
1. Meaning 2. Kinds of debentures 3. Distinction between shareholder and debenture holder 4. Issue, transfer and transmission of debentures 5. Remedies of debenture holders 6. Debenture trust deed and debenture redemption reserve
UNIT III: Law and multinational companies (9 classes)
1. Currency : Regulation to Management 2. Current and Capital Account 3. Currency Manipulations 4. Full Capital Account Convertibility: Pros & Cons
UNIT IV Corporate Liability (8 Classes)
1. Legal liability of companies- civil and criminal
2. Remedies against them- civil, criminal and tortious- Specific Relief Act, Writs, Liability under special statutes
UNIT V: MINORITY RIGHTS AGAINST OPPRESION & MISMANGEMENT (4 Classes)
1. Rules of Majority
2. Personal Rights of the Members 3. Representative and Derivative Action 4. Exception to the Rules of Foss V Harbottle. 5. Oppression 6. Class Action
UNIT III: WINDING UP (11 Classes)
1. Types of winding up 2. Winding up by court and Voluntary winding up: grounds; who can apply; procedure; powers of liquidator; powers of court; consequences of winding up order 3. Liability of past members 4. Payment of liabilities 5. Preferential payment 6. Unclaimed dividends 7. Winding up of unregistered companies
EVALUATION & GRADING
Description Weightage Schedule
1. Continuous Assessment 30% Detailed Below
2. Mid - term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weightage Schedule:- 1. Continuous Assessment 30% Detailed Below Continuous Assessment: (Marks 100 - converted to 30) shall be done based on the following 5 components: a. Two class tests/snap-test/quiz 20 Marks [10 X2 Marks] b. Assignment-1 20 Marks c. Project work 20 Marks (Abstract, Synopsis, final draft, presentation) d. Subject grand viva 20 Marks e. Attendance 20 Marks
Formula for attendance marks: 67-75 % 0 Marks 75-80% 5 Marks 80-85% 10 Marks 85-90% 15 Marks 90%-100% 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the details of each component is as follows:
a) Home Assignment: Assignment will be given on the pattern of End Term Examination and it must be hand written, to submit/present on a definite date. The assignment should be attached with the course plan as Annexure-1 It will have 20% weightage. Individual Viva-voce will be conducted on the assignment. b) Projects/Presentations/Paper Review/Case Analysis/Write-up/Paper Publication/Moot Court Participation/Court Room exercise: Weightage 20 % c) Every Group would be asked to prepare a topic from the suggested List and go through the primary/secondary data collection and analysis/interpretation and finally prepare a Group Report of Min. 20 pages. They are also required to make a presentation on that topic on a scheduled date (would be communicated in the class). The duration of a group presentation will be 15-20 minutes; followed by 5-10 minutes discussion/query session. d) Case Analysis/Group Discussions: Groups would be formed for case analysis and evaluation would be made on their presentation, analytic skills and his/her participation as critique. The weightage would be 20% for this component. e) Students are encouraged to review research papers and write/publish papers jointly with the faculty.
2. Quizzes Two Quizzes will be conducted, as per indicated in the Course Plan. Each quiz would be of carrying 10% weightage. Therefore, two quizzes would carry 20% weightage i.e. 20 marks. It may contain Multiple choice questions or short questions/key terms covering modules as specified in the course plan and Research paper/ cases covered in the course pack to ascertain that whether the students could understand the basic concepts or not. Most probably would be online quiz on LMS. (Max. 45 Minutes) Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of two hour duration and shall be a combination of Objective, short theory questions and numerical problems.
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have objective & theory questions, short and long numerical problems.
Passing Criterion: minimum 40% of the highest marks in the class
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in that subject (in that class/group class)” individually in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in that paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less than said percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
SUGGESTED READINGS:
1TEXTBOOKS:
1. Avtar Singh, Company Law, Eastern, Lucknow, Eighth Edition. 2. Kapoor & Majumdar, Taxman 17th Edition, Company Law & Practice 3. Gower& Davis, Principle of Modern Company Laws 4. CS Material, Company Law, Executive Programme, Module II (Downloadable from the Web) 2 REFERENCE BOOKS
Ramaiyya, Volume I, Indian Companies Act. Gower& Davis, Principle of Modern Company Laws 3 WEB SOURCES:
Manupatra Sccoline Jastor Westlaw A.I.R
Database:
Ebsco Economic outlook
Modes of Evaluation:
Components Internal Examination Mid-term written End term Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks
Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3006.1 3 3 3 - 3 2 3 3 3 -
C3006.2 3 3 3 1 3 1 3 2 2 -
C3006.3 3 3 3 2 3 2 3 3 3 -
C3006.4 3 3 3 - 3 2 3 3 3 -
C3006.5 3 3 3 - 3 2 3 2 2 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
DEHRADUN
End Semester Examination – May, 2016
Program/course: B.A.,LL.B. (Energy Law) Semester : VI
Subject: Company Law -II Max. Marks : 100
Code : CLCC3006 Duration : 3 Hours
No. of page/s: 2
Section A- Objective type/Short answer questions (Answer in one to two sentences) (10 Marks) -
Comment on the following – State with reason whether true or false (2X5) –
1. An authorization to borrow can be given to the concerned directors by way of notice. 2. The corporate law does not provide restriction to borrow except few substantive provisions in the Act. 3. In case of ultra vires borrowing the lender is unable to sue the company. 4. There are no restrictive provisions relating to the power to create charge in the Law. 5. Accounting standard has no role to play in the Director’s responsibility statement.
Section B - Conceptual questions (5X4 = 20 Marks)
6. Under the Company Law regime who has the primary duty to register a charge? 7. What is the distinction between the charge and lien? 8. Comment on the characteristics of floating charge. 9. The rule of Foss V Harbottle covers both the corporate rights and the individual right of the minority shareholders. Comment.
Section C- Analytical type questions (10 X2 =20 Marks)
(6) What is the difference between the winding up under the supervision of the and voluntary winding as to -
(a) Procedure. (3 Marks) (b) Appointment/role & function of liquidator. (7 Marks)
(7) What charges are to be registered under the companies Act? What is the effect of non-registration of charges? (10 Marks)
Section D- Application based/problem based/Case study (50 Marks)
(8) A company created a floating charge on its current assets in favour of a bank to secure a current account, which was in debit of Rs. 5 lakhs and also to secure further working capital facilities provided by the bank. The charge created on 1st January, 2003, was duly registered with the registrar of companies. The bank advanced Rs. 10 lakhs subsequent to the creation of charge. The company has gone into the voluntary liquidation pursuant to a resolution passed on the 1st September, 2003. Examine the validity of the floating charge in case it is a creditor voluntary winding up, but there is no fraudulent preference. Discuss. (30 Marks)
(9) The company liquidator of public company in liquidation instituted misfeasance proceedings against the Managing director of the company. During the pendency of the proceedings, the Managing Director passed away. What is meant by misfeasance? Can legal representative of the Managing Director be impleaded and the proceedings continued against him? (20 Marks)
A. Course CLCC2004 Jurisprudence L T P C Objectives: Version 1.0 4 0 0 4 1. To augment the Pre-requisites/Exposure Law / Basic Understanding of legal concepts thought process of the students while they analyse Co-requisites Understanding of Political Philosophy ‘what is law’ and its semantic interpretations. 2. To guide the students to conceptualize the relationship between ‘Law in theory’ and ‘Law in practice’
3. To imbibe normative thinking and cognitive thinking amongst the students while they approach laws and the rationale behind them.
B. Course’s Intended Student Learning Outcomes:
By the end of this course:
C2004.1. The students will develop a jurisprudential understanding of the legal concepts.
C2004.2. The students will develop a critical approach towards the understanding of law
C2004.3. The students will develop a keen sense of objectivity while dealing with various laws which will be taught to them in the future.
Catalog Description
Since jurisprudence involves in understanding the concepts of law and the various theories of law, the students are expected to read the concerned session’s contents in advance before coming to the class. The session will be made interactive through active participation from students. The entire session will be conducted through question-answer, discussion, current practices, examples, problem solving, Brain storming activities, role plays, group discussions and presentations etc.
The pedagogy will include the following activities:
Presentations (Paper/Group Project) Case Study Group Projects (may include practical assignments) Chalk and talk Reflections Court-room exercise Case Analysi Course Content
Unit 1………………………………………………………………………………...……1 Hour
Introduction
A. Nature, Definition and Scope of Jurisprudence Unit II…………………………………………………………………………………… 10 Hours
Analytical and Historical Schools of jurisprudence
A. Introduction B. Jeremy Bentham C. John Austin D. Neo positivism: Hens Kelsen and HLA Hart
E. Introduction to Historical school : Savigny and Henry Maine Unit III……………………………………………………………………………………20 Hours
Sociological, Realist and Natural Law schools of jurisprudence
A. Introduction to Sociological School of Jurisprudence B. Roscoe Pound C. Ihering D. Duguit E. Introduction to Realist School :American and Scandinavian Realists F. Oliver Holmes G. Ronald Dworkin H. Hart – Dworkin Debate I. Jerome Frank J. Lundstedt K. Alf Ross L. Introduction to Natural Law School M. St. Thomas Aquinas N. Hobbes Locke Rousseau O. John Rawls P. Hart – Fuller Debate Q. Hart – Devlin Debate
Unit IV…………………………………………………………………………………….. 2 Hours
Feminist Jurisprudence and Critical Legal Theory
A. Introduction to Critical legal Studies B. Introduction to Feminist Jurisprudence
Unit V…………………………………………………………………………………..…..3 Hours
Sources of Law:
A. Customs B. Legislation C. Judicial precedent
Unit VI …………………………………………………………………………………..…3 Hours
Rights and duties
A. Theories of Right B. Elements of legal rights
C. Classification of Rights D. Co-relation between rights and duties
Unit VII …………………………………………………………………………………….4 Hours
Legal Personality
A. Meaning and nature of Legal Personality B. Legal Person C. Evolution of corporate personality D. Theories of corporate personality E. Advantage of incorporation F. Liability of corporations
Unit VIII ……………………………………………………………………………………4 Hours
Possession and Ownership
A. Possession B. Ownership
Unit IX ………………………………………………………………………………………1 Hour
Administration of Justice
Text Books:
a. MDA, F., 1996. Lloyd's Introduction to Jurisprudence. b. Dias, R.W.M., 1976. Jurisprudence. c. Fitzgerald, P.J. ed., 1966. Salmond on jurisprudence. Sweet & Maxwell. d. Allen, C.K., 1958. Law in the Making (Vol. 29). Oxford: Clarendon Press. e. Paton, G.W., 1972. A textbook of jurisprudence. f. Posner, R.A., 1993. The problems of jurisprudence. Harvard University Press. g. Bodenheimer, E., 1962. Jurisprudence: The philosophy and method of the law.
Reference Books:
A. Hart, H.L.A. and Green, L., 2012. The concept of law. Oxford University Press. B. Fuller, L.L., 1969. The morality of law (Vol. 152). Yale University Press. C. Stone, J., 1964. Legal system and lawyers' reasonings (Vol. 964). Stanford, Calif.: Stanford University Press. D. Stone, J., 1946. The province and function of law. E. Austin, J. and Austin, S., 1861. The province of jurisprudence determined (Vol. 2). J. Murray.
F. Bentham, J., 1996. The collected works of Jeremy Bentham: An introduction to the principles of morals and legislation. Clarendon Press.
Articles:
Modes of Evaluation:
Written Examination/Quiz/Project and Presentation/ Assignment
Examination Scheme:
Components Continuous Midterm Exam End term Exam Assessment
Weightage (%) 30 20 50
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
Energy Laws.
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C2004.1 3 2 3 3 2 3 2 3 3 2
C2004.2 3 2 3 3 3 3 3 2 2 2
C2004.3 3 2 3 3 3 2 3 3 3 2
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLCC2004 Programme: B.A.LLB (Energy Laws) Semester: EVEN (2017- 18)
Time: 03 hrs. Max. Marks: 100
Instructions:
(Attempt all sections. Each question is compulsory except from Section A, which has options.)
Section A (10 marks) – Objective Question- subject matter Max. Course Marks Outcomes
(Attempt any five questions. Each questions carry equal marks)
1. Antiquity [2] C2004.1
2. Contingent Rights [2] C2004.1
3. Ratio Decidendi [2] C2004.1
4. Subordinate Legislation [2] C2004.1
5. Fee simple Ownership [2] C2004.1
6. Person of Inherence [2] C2004.1
Section B (20 marks) - Conceptual Question
(Attempt any 2 questions. Each questions carry equal marks)
7. What are the essentials of Ownership? [10] C2004.1
8. What are the essentials of a valid custom? [10] C2004.1
9. What are the essential features of Incorporation? [10] C2004.1
Section C (20 marks) - Analytical question
(Attempt any 2 questions. Each questions carry equal marks)
10. 1. Critically examine Rawls’ Theory of justice. Do you feel that Indian [10] C2004.2 Constitution is based on the idea of ‘Justice as fairness’? Or C2004.3 2. Explain the Hohfeldian idea of ‘Jural Correlatives’.
11. 1. Write a short note on Critical Legal Theory. [10] C2004.2 2. Or 3. Explain ‘Social Contract theory’ as given by Thomas Hobbes C2004.3
CLCC 3020 Banking & Negotiable Instruments Law L T P C
Version 1.0 36 0 0 3 Pre-requisites/Exposure Basics of Law of Contract I & II and Company Law Co-requisites -- Section D (50 marks) - Application Based Question
(Attempt all questions)
12. A poor family in The Republic of Hunger was living in such extreme poverty that [25] C2004.2 they hardly had any food on their plates for about two weeks, with no help arriving from the authorities. Unable to witness the suffering of his family any longer, the C2004.3 head of the family called for a meeting of all members and told them that all of them would soon die due to starvation. To save themselves from the pain of starvation, all the family members decided that they should end their lives by consuming poison. As a result, all of them consumed poison and died, save the head of the family, whom the authorities rescued on time, and arrested for suicide attempt and abetment of suicide. Assuming yourself the Chief Justice of the Republic, decide on the lines of Explorers Case.
13. Feminist jurisprudence sees the hitherto development of law and legal reasoning [25] C2004.2 as patriarchal and oppressive regime for women and gender fluid identities. Elaborate this understanding of feminist jurisprudence by giving examples from C2004.3 Indian legal system.
Course Objectives
1. To introduce the students with the conceptual and operational parameters of banking and negotiable instruments and the laws governing the area. 2. To make the students understand the judicial interpretation in the field with the help of analysis of all the leading case laws.
3. To familiarize the students with the organizational set up and the functioning of the regulators and the adjudicatory bodies in the field. 4. Further, to bring forth the new and emerging dimensions of the system and law of banking and negotiable instruments to the students.
Course Outcomes
On completion of this course, the students will be able to:
C3020.1 Understand the functioning and governance of banking an negotiable instruments sector.
C3020.2 Understand the guiding principles and applicable doctrines of selected subfields of Banking and Negotiable instruments Law.
C3020.3 Analyze different laws on banking and negotiable instruments in India and their implication on various individual and corporate activities.
C3020.4 Identify and resolve the issues of Banking and Negotiable instruments Law.
C3020.5 Integrate the knowledge of the banking and negotiable instruments laws with contemporary national and international developments.
Catalog Description
Banks are the important segment in Indian Financial System. An efficient banking system helps the nation’s economic development. Thus it becomes important for a student of B.A. LL.B., B.B.A. LL.B. & B.COM LL.B. to have knowledge about the same. The course, Banking and Negotiable instruments aims at imparting a basic understanding of banking sector in India along with negotiable instruments Act which deals with the negotiable instruments, that are a part and parcel of Indian trading system. The mode of teaching would chalk and talk and class presentation along with class discussions.
Course Content
MODULE 1: GENERAL OVERVIEW OF DEVELOPMENT OF BANKING SYSTEM WITH FOCUS ON RBI’S ROLE AS THE CENTRAL BANK OF INDIA 12 lectures
1. Introduction 1.1 Evolution and Historical Development of Banking in India 1.2 Nationalization and post Nationalization developments: various committees 1.3 Kinds of Banking Institutions
MODULE 2: INTRODUCTION TO BANKING OPERATIONS AND REGULATION THEREOF IN INDIA 17 lectures
1. Understanding Banking Operations: Deposit Accounts with Banks, Type of Relationship with Bank as a Depositor, Loanee etc., Sound Banking Principles for lending, Banker’s Perspective, Designing Corporate Finance, Project Appraisal by Banks New Instruments of Credit Control: Repo and Reverse Repo. 2. Clearing and Settlement System: RBI Real Time Gross Settlement System (RTGS), National Electronic Fund Transfer (NEFT) and other technological advancements.
The Reserve Bank of India Act, 1934 2.1 RBI Structure 2.2 Departments and Control by the Central Government 2.3 RBI’s Power of Inspection and Issue of Directions 2.4 An overview of the Monetary Policy of the Central Bank 2.5 Instruments and Modes of Credit Control 2.6 RBI and the Call Money Market
The Banking Regulation Act, 1949: Definition of Banking, Banking company, Banking Activities, Maintenance of Cash Reserve Ratio by scheduled and Non-Scheduled Banks, Power of the RBI in regulating advance of Banks, Licensing of Banks and Branch Licensing, Board of Directors of Commercial Banks and Role of Reserve Bank of India, Arms’ Length Transactions, Moratorium and Winding up of Banks, Banking Laws (Amendment) Act, 2012.
MODULE 3: OTHER LEGISLATIVE PROVISIONS REGULATING BANKING ACTIVITIES 3 lectures a. Consumer Protection Laws for Bank Customers, Consumer Courts b. Banking Ombudsman c. Negotiable Instruments Act, 1881 d. Information Technology Laws as applicable to banking e. Micro Finance f. Lok Adalat.
MODULE 4: NEGOTIABLE INSTRUMENTS ACT 4 lectures a. Promissory Note, Bill Of Exchange, Hundi, Cheque Crossing Parties To Negotiable instruments b. Essential Elements of Negotiable Instrument c. Parties to a negotiable instrument d. Rules relating to negotiable instruments e. Presentment f. Special Provisions with regard to cheque g. Discharge from liability h. Dishonourment
SUGGESTED READINGS:
ICSI, BANKING AND INSURANCE LAW AND PRACTICE, Taxmann Publications (P.) Ltd., New Delhi.
K.S.N. Murthy & K.V.S Sarma, MODERN LAW OF INSURANCE, LexisNexis, Butterworths Wadhwa, Nagpur.
M.L. Tannan, TANNAN'S BANKING LAW AND PRACTICE IN INDIA, (2000) India Law House, New Delhi.
Avtar Singh, BANKING AND NEGOTIABLE INSTRUMENTS, Eastern Book Company (P.) Ltd., Lucknow.
Anjani Kant, LECTURES ON BANKING LAW FOR LAW STUDENTS, Central Law Publications, Allahbad.
IIBF, CUSTOMER SERVICE & BANKING CODES AND STANDARDS, Taxmann Publications (P.) Ltd., New Delhi.
IIBF, LEGAL ASPECTS OF BANKING OPERATIONS, Macmillan India Ltd., New Delhi.
B. N. Banerjee, GUIDE TO SECURITIZATION RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST, Wadhwa and Company, Nagpur.
M.S. Parthasarathy (Ed.), KHERGAMWALA ON THE NEGOTIABLE INSTRUMENTS ACT, Butterworth, New Delhi.
S.N.Gupta, THE BANKING LAW IN THEORY AND PRACTICE, Universal Publishing Co. Pvt. Ltd., New Delhi.
G.S.N.Tripathi (Ed.), SETHI'S COMMENTARIES ON BANKING REGULATION ACT 1949 AND ALLIED BANKING LAWS, Law Publishers (India) Pvt. Ltd., Allahabad.
Bashyam and Adiga, THE NEGOTIABLE INSTRUMENTS ACT, Bharath Law House, New Delhi.
S.N. Gupta, BANKS AND THE CONSUMER PROTECTION LAW, Universal Publishing Co. Pvt. Ltd., Delhi.
T.K. Mukherjee, BANKING LAW AND PRACTICE, Universal Publishing Co. Pvt. Ltd., Delhi.
A. Basu, REVIEW OF CURRENT BANKING THEORY AND PRACTISE (1998) Mac millan
M. Hapgood (ed.), PAGETS' LAW OF BANKING (1989) Butterworths, London
R. Goode, COMMERCIAL LAW, (1995) Penguin, London.
Ross Cranston, PRINCIPLES OF BANKING LAW (1997) Oxford.
L.C. Goyle, THE LAW OF BANKING AND BANKERS (1995) Eastern
M.L. Tannan, TANNAN'S BANKING LAW AND PRACTICE IN INDIA (1997) India Law House, New Delhi, 2 volumes
K.C. Shekhar, BANKING THEORY AND PRACTICE (1998) UBS Publisher Distributors Ltd. New Delhi.
M. Dassesse, S. Isaacs and G. Pen, E.C. BANKING LAW, (1994) Lloyds of London Press, London
V. Conti and Hamaui (eds.), FINANCIAL MARKETS' LIBERALIZATION AND THE ROLE OF BANKS, Cambridge University Press, Cambridge, (1993).
J. Dermine (ed.), EUROPEAN BANKING IN THE 1990S' (1993) Blackwell, Oxford.
C. Goodhart, THE CENTRAL BANK AND THE FINANCIAL SYSTEM (1995), Macmillan, London.
S. Chapman, THE RISE OF MERCHANT BANKING (1984) Allen Unwin, London.
K. Subrahmanyan, BANKING REFORMS IN INDIA (1997) Tata Maigraw Hill, New Delhi.
Subodh Markandeya and Chitra Markandeye, LAW RELATING TO FOREIGN TRADE IN INDIA: BEING A COMMENTARY ON THE FOREIGN TRADE, (DEVELOPMENT AND REGULATION) ACT 1992, Universal Law Publishing Co. Pvt. Ltd., Delhi.
R.S. Narayana, THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 (51 OF 1993), Asia Law House, Hyderabad.
M.A. Mir, THE LAW RELATING TO BANK GUARANTEE IN INDIA (1992), Metropolitan Book, New Delhi.
Anthony Pierce, DEMAND GUARANTEES IN INTERNATIONAL TRADE (1993) Sweet & Maxwell.
Ross Cranston (ed.) EUROPEAN BANKING LAW: THE BANKER-CUSTOMER RELATIONSHIP (1999) LLP, London.
Mitra, THE LAW RELATING TO BANKERS' LETTERS OF CREDIT AND ALLIED LAWS, (1998) University Book Agency, Allahabad.
R.K. Talwar, REPORT OF WORKING GROUP ON CUSTOMER SERVICE IN BANKS
Janakiraman Committee REPORT ON SECURITIES OPERATION OF BANKS AND FINANCIAL INSTITUTION (1993)
Narasimham Committee REPORT ON THE FINANCIAL SYSTEM (1991); Second Report (1999).
H.2. LEGISLATIVE MATERIALS:
The Banking Companies (Acquisition and Transfer of Understandings) Act, 1970 The Banking Laws (Amendment) Act, 2012 The Banking Regulation Act, 1949 The Bankers’ Books Evidence Act, 1891 The Chit Funds Act, 1982 The Consumer Protection Act, 1986 The Foreign Contribution (Regulation) Act, 2010 The Foreign Exchange Management Act, 1999 The Foreign Trade (Development and Regulation) Act, 1992
The Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993 The Micro Finance Institutions (Development and Regulation) Act, 2012 The Negotiable Instruments Act, 1881 The Pension Fund Regulatory and Development Authority Act, 2011 The Prevention of Money Laundering Act, 2002 The Prize Chits and Money Circulation Scheme (Banning) Act, 1978 The Reserve Bank of India Act, 1934 The 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 State Bank of India Act, 1955 The State Bank of India (Subsidiary Banks) Act, 1959 The Motor Vehicles Act, 1988
Modes of Evaluation:
Components Internal Mid-term End term exams exams Sub CT CT Assignt Project G.Viva Att. components I II (reaction -- -- paper) Weightage (%) 10 10 20 20 20 20 Total 30% 20% 50%
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO8 PO9 C3020.1 3 - 3 3 3 2 - 2 3 C3020.2 3 2 3 3 3 1 - 2 3 C3020.3 3 - 3 3 3 2 - 1 3 C3020.4 3 - 3 3 3 2 2 - 3 C3020.5 3 2 3 3 3 2 2 - 3
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination, May 2018
Program: BBA LL.B/ BA LL.B/ B.COM LL. B Semester – VI Subject (Course): Banking & Negotiable Instrument Laws Max. Marks : 100 Course Code : CLCC 3020 Duration : 3 Hrs No. of page/s: 2
SECTION A 1. The Reserve Bank of India performs this function under the guidance of the [2] Board for Financial Supervision (BFS). (True/ False) 2. A ‘Customer’ as per RBI’s Master Circular on Customer Service in Banks 2009/2010 may include: (a) a person or entity that maintains an account and/or has a business relationship with the bank; (b) any person or entity connected with a financial transaction which can pose significant reputational or other risks to the bank, say, a wire [2] transfer or issue of a high value demand draft as a single transaction. i. Both the statements (a) and (b) are correct ii. Statement (a) is wrong iii. Statement (b) is incorrect iv. Both the statements are incorrect 3. The Banking Ombudsman Scheme 2006 has been formulated by RBI under the [2] powers conferred in ………………………………… Act. 4. Bank Nationalisation Case refers to the interpretation of which of the following legislations primarily: [2] a) RBI Act b) Banking Regulation Act
c) 'Banking Companies (Acquisition and Transfer of Undertakings) Ordinance, 1969' d) None of the above. 5. What do you understand by the concept of Reverse-Repo? [2] SECTION B 6. Write notes on the any two of the following: a) Payments Banks [5] b) Bill of Exchange [5] c) Micro Finance [5] d) RBI as an issuer of currency [5] 7. What are the characteristics of a negotiable instrument? [5] 8. What do you understand by ‘Credit Control’ by RBI? Explain [5] SECTION C (Any Two) 9. Explain the sound banking principles for lending. [10]
10. When a business of a banking company may be suspended. Elaborate the legal [10] implications. 11. Mr. Ramesh is a director in a bank. The Reserve Bank of India terminates him [10] on the ground that his conduct is detrimental to the interest of the depositors. Decide, whether the Reserve Bank of India can do so under the Banking Regulation Act, 1949. Can the Reserve Bank of India appoint additional Director in a Bank under the said Act? SECTION D
12. Mr. Ramesh is director of ABC Ltd. located in Dehradun and has issued a [20] cheque to one Mr. Ramlal resident of Delhi for an amount of Rs. 10,000/- for a liability of ABC Ltd. as its director. The cheque got dishonoured due to insufficiency of funds. Mr. Ramlal proceeded to issue a notice to Mr. Ramesh under section 138/142 of the Negotiable Instruments Act without making ABC Ltd. as a party to the notice. Will the prosecution be maintainable in this case against Mr. Ramesh? If yes/no why? Elaborate the key ingredients to establish an offence under section 138 of the NI Act. What would be the territorial jurisdiction in this case? 13. Various complaints have been made against the activities of a Co-Operative [15] Banking Company to the effect that if unchecked, the shareholders, depositors and others will suffer heavily. The Central Government recommended the Reserve Bank of India to address the matters against the said Bank. Discuss whether the Reserve Bank has any powers to inspect the records of the Co-
operative Bank to ascertain the truth or otherwise in the complaints. Also discuss the necessary action that can be taken by the Central Government, in case the affairs of the Co-operative Banking Company are detrimental to the interest of shareholders, depositors and others. 14. The increasing non-performing assets (NPAs) and the time-consuming legal [15] process of loan recovery prompted enactment of IBC 2016. Describe the important provisions of this Code having a bearing on NPAs. Is it justified to use the IBC Code 2016 as a tool in management in NPAs? Has this Code helped in quicker recovery of loan and reducing NPAs.
CLCC3021 L T P C Insurance Law
Version 1.0 2 0 0 2
Pre-requisites/Exposure Law of Contracts Course Objectives Co-requisites Insurance Act, LIC Act, IRDA Act & Regulations To appreciate the principles and basic premises behind the concept of Insurance To impart knowledge and understanding of the most important sectors of Insurance To analyze the operation and functioning of business of Insurance in the market and related practices in India To critically appreciate the regulatory regimes applicable to the field of Insurance in India
Course Outcomes
On completion of this course, the students will be able to C3021.1: Understand the rationale and basic premises behind the concept of Insurance C3021.2: Appreciate the basic principles and underlying nuances of Insurance Law C3021.3: Analyze the application of principles and doctrines of Insurance Law C3021.4: Understand and appreciate the functioning of the most important sectors of Insurance in India C3021.5: Critically analyze the operation of the regulatory regimes applicable to the field of Insurance in India
Catalog Description
Concept of insurance is an old-institution of transactional trade. Even from olden days merchants who made great adventures gave money by way of consideration, to other persons who made 31 assurance, against loss of their goods, merchandise ships and things adventured. The rates of money consideration were mutually agreed upon. Such an arrangement enabled other merchants more willingly and more freely to embark upon further trading adventures. The operational framework for insurance is provided by the general principles of Contract Law. The insurance policy, being a contract, is subject to all the judicial interpretative techniques of rules of interpretation as propounded by the judiciary. Besides, the concept of insurance has a compensatory justice component. This course is designed to acquaint the students with the conceptual and operational parameters of insurance law. It aims to impart the students with current regulatory framework regarding insurance business in India.
Course Content
The Course is divided into Four modules, as following:
MODULE 1: GENERAL PRINCIPLES OF LAW OF INSURANCE Introduction, History and Growth of Insurance Business in India Definition, Nature, Objectives, Role and Functions of Insurance Contract of Insurance: A Contract of Indemnity or Contingent Contract Insurable Interest, Premium, Policies; Types of Insurance Nomination, Assignment and Contribution Indemnity, Subrogation, Cause Principles of Claims and Compensation in Insurance Legal relationship between the parties-Insured, Insurers, Reinsurers, Brokers, Claimants, Slips, Contract Wording and Factual Matrix Commercial Contract Wordings & Regulations Underwriting Agreements/Agents and Delegated Authorities Duties of the Insurer and Broker-Drafting, Checking, Signing Insured Rights and Duties Rules of Construction and Interpretation of Contracts, Law and Jurisdiction Consumer Protection and Insurance Services
MODULE 2: POLICIES AND LIABILITY ASPECTS OF LIFE INSURANCE
Life Insurance Corporation Act, 1956, Life Insurance and Pensions Objects, Nature and Scope of the LIC Act Kinds of Life Insurance and formation of Life Insurance Contract Insurance Contracts: Events insured against Life Insurance Contract Circumstances affecting risk and amounts recoverable under Life Policy Persons entitled to payment from a settlement of Claim
MODULE 3: POLICIES AND LIABILITY ASPECTS OF GENERAL INSURANCE
Application of Principles in General Insurance Contracts Structure of the Policy, Insurance Documentation – Underwriting and Rating General Insurance Products: Property Insurance (Fire and Engineering), Marine Insurance (Hull and Cargo), Motor Insurance, Health, Personal, Accident and Travel Insurance, Liability, Rural and Agricultural, Miscellaneous
MODULE 4: INSURANCE REGULATORY AUTHORITY
Regulation of Insurance Business; Insurance Act, 1938; Insurance (Amendment) Act, 2002 Insurance Regulatory and Development Act, 1999 Powers and Functions of IRDA Relevant Regulations and Guidelines issued by IRDA Adjudicating Authorities of Insurance Claims
Text Books:
1. K.S.N. Murthy and KVS. Sharma: Modern Law of Insurance in India, (2002), Lexis Nexis Butterworths, Delhi 2. M.N. Srinivasan, Principles of Insurance Law (1997), Ramaiya Publishers, Banglore 3. Rajiv Jain: Insurance Law and Practice, Vidhi Publication Private Limited 4. Taxmann: Insurance Manual, Taxmann Publication Private Limited 5. Bharat: Manual of insurance Laws, Bharat Publication Private limited 6. Dr. Avatar Singh : Law of Insurance , Eastern Book Company, Lucknow 7. Dr.E.Dharmaraj, Elements of Insurance, Simres Publications,Chennai 8. M.N.Mishra & S.B.Mishra, Insurance Principles and Practice, S.Chand Publications 9. B.C. Mithra : The Law relating to Marine Insurance, The University Book Agency, Allahabad 8. J.V.N. Jiaswal: Law of Insurance, Eastern Book Company, Lucknow
Reference Books:
1. George E. Rejda: Principles of Risk Management and Insurance 2. Haring and Eveanly : General Principles of Insurance 3. Michael Parkington : Insurance Law , 1975, Sweet and Maxwell, London 4. Brij Nandan Singh : Insurance Law, University Book Agency, Allahabad, Sweet and Maxwell, London 5. John Birds, Modern Insurance Law (1998), Sweet and Maxwell, London
Modes of Evaluation:
Components Internal Examination Mid-term written End term Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Grand Marks Test Comment Court Viva Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)-BA LLB (Hons.) Energy Law
Mapping between COs and POs
Mapped Programme Course Outcomes Outcomes
Understand the rationale and basic premises behind C3021.1 PO1, PO2 the concept of Insurance
Appreciate the basic principles and underlying C3021.2 PO3 nuances of Insurance Law
Analyze the application of principles and doctrines of C3021.3 PO4, PO5 Insurance Law
Understand and appreciate the functioning of the C3021.4 PO6, PO7 most important sectors of Insurance in India
Critically analyze the operation of the regulatory C3021.5 PO2, PO6, PO8 regimes applicable to the field of Insurance in India
issues and issues challenges
employing logical, analytical and employing analytical and logical,
-long Learning skills-long Learning Effective professional pertinent skills law Effective to law such as such as oral andlaw written communication, of Knowledge concepts of law with understanding comparative legalof systems knowledgeInterdisciplinary and of law fields/domains related of problem Application to law situations of insight having professional law Specialist practices, moral and responsibility Ethical, social commitment, as such skills Influencing team building and networkingleadership, Life Course 1=weakly mapped Course Code PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 Title 2= moderately mapped LLBL445 Insurance 3=strongly mapped Law 3 2 3 2 1 1 3 3
Model Question Paper
Course: Insurance Law Programme: Semester:
Time: 03 hrs. Max. Marks:100
Instructions:
Attempt all questions from Section A (each carrying 2marks); ALL Questions from Section B (each carrying 10 marks), ALL Questions from Section C (each carrying 10 marks). Section D is mandatory.
Write short notes on the following:
Q. No.1. Historical Development of Insurance Q. No.2. Types of Insurance Q. No.3. What are the essential features of a valid insurance contract? [10] Q. No.4. What do you mean by underwriting? Explain the process of underwriting in CO1 insurance. Q.No.5. Marine Insurance Act
SECTION B
Q. 5. What are the principles applicable in general insurance contracts? Explain the key elements [10] in general insurance policies. CO1,2
Q. 6 What are the matters to be included in a Life Insurance Policy Contract under IRDA [10] CO1,2 (Protection of Policy holders’ Interest) Regulations, 2002? SECTION C
Q.8. Discuss the dual role of IRDA in the present insurance market in India. [10] CO3,5
Q. 9 Discuss the important provisions of the Motor Vehicles Act with regards to the third party [10] CO3,5 liability.
SECTION D
Q. No.10. How is an insurance consumer protected under the provisions of the Consumer [15] CO4,5 protection Act, 1986? What is the rationale behind the provisions of the Public liability Act of 1991?
Q. No.11 Explain the regulations governing Life Insurance Business in India. What are the CO1,34, regulations affecting General Insurance Business in India? Explain. [15]
Q. No.12. Critically analyze the basic principles of Insurance? Explain each one of them in detail. [20] CO3,4, What is the difference between Insurance and Guarantee. Explain the general procedure of 5 settlement of claims in General insurance policies.
Course Objectives 1. The significance of maritime law 2. The general principles and rules of maritime law. CLCC 3022 Maritime Law L T P C 3. The judicial developments in the field of Version 1.0 3 2 0 3 maritime law International Law Pre-requisites/Exposure Course Outcomes Co-requisites Labour law, Environmental Law On completion of this course, the students will be able to C3022.1 Learn the complex legal nature of international shipping, and the laws and contracts used internationally; C3022.2 Identify and solve common legal problems related to shipping, understand public policy, geopolitics, interface between maritime law, labour law & environmental law; C3022.3 Identify the ship-owners legal liabilities and the liable party in a dispute; C3022.4 Decide on relevant laws applicable to a dispute involving a ship-owner and or carrier and solve practical cases of a maritime nature; Catalog Description
They will understand why maritime law is considered to be international, and why international rules are important to world trade. The students will be able to reflect on practical cases of a marine nature, and to solve them using relevant laws. They will get an understanding of why we have limitations rules, and how these are applied to individual claims and disputes. The students will be able to understand and reflect on the importance of common international rules and regulations as a tool for limiting damage to the environment and for increasing the safety of ships. The classroom activities will be designed to encourage students to play an active role in the construction of their knowledge and in the design of their learning strategies. Class participation is a fundamental aspect of this course. Thus, the traditional lectures will be combined with other active teaching methodologies, such as group discussions, cooperative group solving problems and debates. Interactive approach will be followed during the course of learning where students will be expected to come prepared for the topics for discussion in the class/ case studies/ presentations/ viva-voce, etc. The main tools of teaching may include Lectures (PPT’s) with Question and Answer Sessions, Case Law Analysis, Assignments Simulation Exercises, etc.
Course Content
1. Module I : Introduction & Nature and Scope of Maritime Law (8 hours) Admiralty Law in India Geopolitics, interface of maritime law with labour law, economics, environmental law, health & safety Formulation of public policy so as to protect the rights of workers in the shipping industry Arrest of Ships: International Law Modern Alternatives to arrest Mareva injunction Attachment of ships
2. Module II : Maritime Law- International Aspects (14 hours) International Law United Nations Convention on Contracts for the International Sale of Goods Arbitration clauses How to arbitrate? Arbitration awards Case study: Medical Marketing International, Inc. v. Internazionale Medico Scientifica, S.r.l. U.S. District Court 17 May 1999 Case study: Serbia 28 January 2009 Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce (Medicaments case) Case study: Israel 17 March 2009 Supreme Court (Pamesa Ceramica v. Yisrael Mendelson Ltd) Hague Rules Hague-Visby Rules Case study: Sideridraulic Systems SpA and Anr v. BBC Chartering & Logistic GmbH & Co KG, The BBC GREENLAND [2011] EWHC 3106 (Comm) Case study: El Greco v MSC Case study: Happy Ranger [2002] 2 Lloyd's rep 357 3. Module III : Indian Legal Regime (10 hours) The Admiralty (Jurisdiction And Settlement of Maritime Claims) Act, 2017 Jurisdiction in Admiralty Maritime Lien Case study: The Yuri Maru,The Woron (1927)AC 906 Case study: M.V.Elisabeth v. Harwan Investment and Trading Pvt. Ltd., Goa (1993 SC 1014) Exploitation of labour in the shipping industry Documentary: Into the Graveyard Movie: Amistad 4. Module IV : Limitation of Liability (4 hours) Limitation of Liability Proprietary Maritime Claims General Maritime Claims Case study: J.D. Irving Limited v. Siemens Canada Limited, 2016 FC 287 Case study: Isen v. Simms, 2006 SCC 41
Text Books 1. Maritime Practice in India: Hathi and Hathi (Brus Chambers)
2. Mahanty Samareshwar, Maritime Jurisdiction and Admiralty Law in India (2013) Universal Law Publishers
3. Bimal M Patel, Marititme Security and Piracy Global issues, Challenges and solutions (2012), Eastern Book Company
Reference Books
1. Orrego Vicuna, The Changing International Law of the High seas Fisheries (1999), Cambridge 2. Ian Brownlie, Principles of Public International Law (1998), Clarendon press, Oxford 3. P. Chandrasekahara Rao, The New law of Maritime Zones (1983) Miling Publications, New Delhi 4. Samir Mankababy, The International Shipping Rules (1986), Croom Helm, London 5. Nagendra Singh, International Maritime law Conventions, Vol.I Navigation (1983) Stevens & Maxwell,London. 6. Myron H. Nordquist and John Norton Moor (eds.), Ocean Policy - New Institutions, Challenges and Opportunities (1999), Kluwer 7. The Asbatankvoy Charterparty Clauses for the Commencement of Laytime - Interpretation under English And American Law, Aspragkathou, Despiona 8. David W. Robertson, Admiralty and Maritime Litigation in State Court, 55 La. L. Rev. (1995) 9. Simon Baughen, Shipping Law, Routledge (2015)
Modes of Evaluation: Components Internal Examination Mid-term written End term written Examination Exam
Weightage (%) 30% 20% 50%
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C3022.1 3 3 3 - 3 2 3 3 3 - C3022.2 3 3 3 1 3 1 3 2 2 - C3022.3 3 3 3 2 3 2 3 3 3 - C3022.4 3 3 3 - 3 2 3 3 3 -
1=weekly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper Name:
Enrolment No: Course: LLBD 3022- Maritime Law Programme: B.A., LL.B. (HONS.) Energy Laws, BBA, LL.B. (Hons.) Corporate Laws, B.COM., LLB. (Hons.) Taxation Laws Semester: VI Time: 03 hrs. Max. Marks:100 Instructions: Attempt all questions from Section A (each carrying 02 mark); all questions from Section B (each carrying 10 marks), Question from Section C (carrying 10 marks), and Section D(50 marks). SECTION A (Answer all questions) Mark true/false for the following statements:
1. Mareva injunction prevents a defendant from dissipating or disposing of those of its [02] CO3 assets.
2. Shipbreaking industry is not related to reasonable accommodation of the disabled. [02] CO3 3. Maritime claims include damage to goods. [02] CO1 4. China is the leader of the shipping industry. [02] CO1 5. Shipping industry has no linkage with geopolitics. [02] CO3 SECTION B 6. Question 2. Discuss the following aspects of Mareva injunction: a) Advantages and limitations of a Mareva injunction. (10 marks) [20] CO1 b) Procedure to obtain Mareva injunction and necessary requirements for obtaining Mareva injunction. (10 marks) SECTION C 7. ‘The Constitution of India aims to attain the goal of social and economic justice. In [20] CO3 pursuance of this objective, several laws were formulated, thus imposing obligations on all entities.’ In the context of the shipbreaking industry, to what extent has the constitutional goal been achieved? To what extent have various laws been complied with? Explain the same by duly analysing the observations made by the documentary ‘Into the Graveyard’.
SECTION D (50 marks)
9 An American manufacturer of radiology materials, defendant, named XYZ, granted to [50] CO3, an Irish marketing corporation, plaintiff, named ABC, exclusive marketing rights in Ireland for hospitals specializing in neurological medical conditions. While manufacturing radiology materials, XYZ complied with the safety standards formulated by the Food and Drug Administration (FDA), United States. Three months after receipt of the radiology materials ABC discovers that the radiology materials do not comply with the Irish governmental safety standards. ABC immediately notifies XYZ about this issue. A dispute arose between the two as to which party bore the burden of complying with Irish governmental safety standards. ABC sues for damages amounting to $50 million. The cost of production of the radiology materials is $1 million. The contract between ABC and XYZ mentions EU law as the governing law and Brussels, Belgium as the place of dispute resolution. The matter will be heard in Brussels.
A) List down the arguments for both the plaintiff (ABC) as well as the defendant (XYZ). (25 marks) B) If you were the judge, what would be your judicial opinion? Explain. (25 marks)
NOTE: Relevant provisions of the United Nations Convention on International Sale of Goods are as follows: Article 1 (1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. (2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
(3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention.
Article 7 (1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade. (2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law. Article 25 A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result. Article 35 (1) The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. (2) Except where the parties have agreed otherwise, the goods do not conform with the contract unless they: (a) are fit for the purposes for which goods of the same description would ordinarily be used; (b) are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement;
(c) possess the qualities of goods which the seller has held out to the buyer as a sample or model; (d) are contained or packaged in the manner usual for such goods or, where there is no such manner, in a manner adequate to preserve and protect the goods. Article 39 (1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. (2) In any event, the buyer loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the buyer, unless this time- limit is inconsistent with a contractual period of guarantee.
(3) The seller is not liable under subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of the goods if at the time of the conclusion of the contract the buyer knew or could not have been unaware of such lack of conformity. Article 49 (1) The buyer may declare the contract avoided: (a) if the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or
(b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.
(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so:
(a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made;
(b) in respect of any breach other than late delivery, within a reasonable time:
(i) after he knew or ought to have known of the breach;
(ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or
(iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performance.
CLCC3024 RIGHT TO INFORMATION L T P C Course Objectives 4. The subject is Version 1.0 2 0 0 2 begun with a study of the Pre-requisites/Exposure Basic knowledge of Right to information and historical development of development of right to know as a fundamental the Right to Information; right. Drafting techniques. with this the students will Co-requisites Knowledge provisions of RTI Act. be able to understand the need for the right to information and will also appreciate the efforts behind the recognition of the right to information. 5. The later module will look into International development of the right to information with the object to find out the role played by the different International Conventions and Documents in enriching the right to information. 6. The subsequent module looks into the Constitutional development of the Right to Information in India. The learning outcome of this being that, the students will be able to analyze the different cases and the changes in the Constitution. 7. The ensuing module attempts to have an in- depth understanding of the Right to Information Act, 2005, with this the students will be able to understand the fineness of the law and the gaps it has left
Course Outcomes
C3024.1. Understand and explain the concepts and principles and scope behind RTI
C3024.2. Understand the powers and duties of commissions and their role in enforcement
C3024.3. Compare scope of RTI in foreign jurisdictions to India.
C3024.4. Draft and file a RTI
Catalog Description
Right to Information is derived from our fundamental right of freedom of speech and expression under Article 19 of the Constitution. Democracy revolves around the basic idea of Citizens being at the center of governance and the freedom of the press is an essential element for a democracy to function. It is thus obvious that the main reason for a free press is to ensure that Citizens are informed. Thus it clearly flows from this, that the citizens right to know is paramount. In this background lecture, reflection, discussion and presentation method would be used focusing on two types of materials, i.e. bare acts and case-laws. Students will be encouraged to actively take part in all group activities and will be encouraged to give oral presentations. Continuous assessment would also be done aiming on clear understating of the legal provisions and their application through case-laws. This subject is an integral part of the Program i.e. BB.A. LL.B. (Corporate Law), as it acquaints the students with right to information.
Course Content
Unit I: 4 lecture hours Meaning’ and ‘Concept’ of Right to ‘Information’
Meaning of the term ‘Information’-Factors behind creation of Right to ‘Information’-Benefits of Right to ‘Information’ Access to ‘Information’ -Johannesburg Principles- General rule on Access to Information- General Principles on Access to Information- Access to ‘Information’ - Evolution and Importance of Concept
Unit II: 2 lecture hours History and Jurisprudence behind evolution of right to ‘information’: International and national perspective:
Historical Background- ‘Information’ and ‘Democracy’- People’s Movements- Indian and International Related Legislations, Reports and Guidelines- Right to Information- A Government’s point of view
Unit III: 2 lecture hours Position of ‘Right to Information’ under various International, Regional Human Rights Conventions:
International Conventions- UN Charter- Universal Declaration of Human Rights- International Covenant on Civil and Political Rights- International Covenant on Economic, Social and Cultural Rights- UNESCO’s Definition of ‘Right to Information’ Regional conventions- European Convention on Human Rights-American Charter- African charter
Unit IV: 2 lecture hours ‘Right to information’ under Constitution of India
Constitutional background to the ‘Right to Information- Constituent assembly debates behind Art.19(1)(a), (b), (c) (g)- Restrictions under Art.19(2) to (6)- Judicial Pronouncements
Unit V: 3 lecture hours Scope of ‘Right to Information’ under Indian and foreign legislations
Concept and Definition of ‘Right to Information’ Procedure for obtaining ‘Right to Information’ and grounds for rejection ‘Right to Information’ and obligations of public authorities
Unit VI: 4 lecture hours Powers of enforcement/monitoring mechanisms in India and in foreign legislations
Constitution of Central and State Information Commissions- Powers and Functions of the Information Commissions Conflict between Centre and State-Conflict between the Commission and the Executive Appeal, Penalties and Miscellaneous
Unit VII: 4 lecture hours Scope of Right to Information in other allied legislations
The Official Secrets Act, 1923- The Public Records Act, 1993- The Public Record Rules, 1997- The Freedom of Information Act, 2002- Other Allied Legislations providing scope for Right to Information
Unit VIII: 3 lecture hours ‘Right to information’ vs. Intellectual Property rights, confidential information i.e., ‘trade secrets’, privacy and data protection
Right to ‘Information’ vs. IPR- Trade Secrets and Right to ‘Information’- Privacy in ‘Data Protection’ vs. ‘Right to Information’- Law, e-governance and ‘Right to Information’- Media and Right to Information
Text Books
Commentary on Right to Information Act 2005 by Acharya, Asian Law House Law relating to Right to Information by S. V. Joga Rao, Pentagon Press
Reference Books Commentary on Right to Information Act by Barowalia, Universal Law Publication Commentary on Right to Information Act 2005, by Acharya, Asian Law House Hand Book on Right to Information Act, by P.K. Das The Right to Information: A Global. Perspective by K. M. Shrivastava A Practical Handbook on Right to Information Act, 2005 by R.S. Kaneja
JOURNALS AND ARTICLES
All India Reporter Economic and Political Weekly Indian Bar Review
WEB SOURCES
www. scconline.com www.ssrn.com www.parivartan.com
www.manupatra.com jstor.org. Ebsco
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components MSE Internal ESE
Weightage (%) 20 30 50
Internal Assessment: 100 Marks (shall be done based on the following five components):
Description Weightage
2. Continuous Assessment 30%
Continuous Assessment: (Marks 100) shall be done based on the following five components:
a. Two class tests 20 Marks b. Assignment / Reaction Paper 20 Marks c. Project work 20 Marks (Abstract, Synopsis, final Draft, Presentation) d. Subject grand viva 20 Marks e. Attendance 20 Marks
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C3024.1 2 3 3 - 3 2 3 3 3 3
C3024.2 3 3 3 3 3 - - 3 2 3
C3024.3 3 3 3 - 3 3 3 2 3 3
C3024.4 2 3 3 2 3 - 3 2 3 3
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, December 2017
Program: B.A.,LL.B(Hons.) EL Semester – VI
Subject (Course): RIGHT TO INFORMATION Max. Marks : 100
Course Code :CLCC3024 Duration : 3 Hrs
No. of page/s: 4
Instructions:
All questions are Compulsory.
Section A
1. Whether APIO can give information on an RTI application with or without consulting the [2] PIO concerned?
2 Under what circumstances Public Interest test is applicable? [2]
3. Write two major loopholes of The Freedom of Information Act 2002. [2]
4. Who all can file appeal before first Appellate Authority? [2]
5. Who is third party under The Right to information Act, 2005? [2]
SECTION B
6. Write a note on harmonious construction of right to privacy and right to information. [4]
7. Can a voter file an RTI application before the SPIO of Police Department asking the [4] antecedents of the contesting candidate for MLA of his constituency? Support your answer with relevant provisions and cases?
8. An applicant filed an application before a public authority seeking some information. The [4] Public Information officer demanded a proof of citizenship from the applicant. The applicant approached to first appellate authority. Decide. Answer with reasons.
9. Can a person who was not selected for a public post ask for the reasons of his non- [4] appointment through an RTI application? Answer with reasons?
SECTION C
7. The right to know is the outcome of judicial activism. Explain. And draw a comparison [15] between right to information in India and in Developed Countries 8. Right to information Act, 2005, mandates Public authorities to provide information suo [5] motu to the public at regular intervals for which Public authorities should adopt some best practices. Describe at least five best practices adopted by different authorities.
SECTION D
9 Mr. ‘X’ filed a complaint to the commission against a public information officer for non- [35] disclosure of information. Commission rejected his application with a direction to approach the first appellate authority. Answer the following:
a. Discuss the provisions relating to powers and functions of Information Commissions under Right to information Act, 2005. (10Marks) b. Write a short note on first appeal and draft first appeal for the complainant in this case. (5+ 10 = 15 marks) c. Whether complainant can approach to court against the order of Information Commission? Decide. Support your answer with relevant provisions and cases. (10 marks)
10 An RTI application was filed before a Housing Co-operative Society for seeking some [15] information. The society argued that it is not a public authority. Define public Authority and decide whether Housing Co-operative Society is PA or not, with relevant provisions and case laws.
Semester VIII
CLCC 4001 Taxation Law L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Preliminary knowledge of Income Tax Act, 1961, Customs Act, 1962, CGST Act, 2017. Co-requisites Law of Contract, General Understanding of Corporate Laws, Merge
Course Objectives
(a) To develop the understanding of the Tax Structure in India. (b) To understand the application of various provisions of the Income Tax Act 1961, GST, Rules made thereunder, Customs Act, 1962, Customs Tariff Act, 1975 etc. (c) To introduce the students to recent tax reforms in India in form of GST and its application outside India. (d) To expose the students to the principles governing direct as well as indirect taxation giving them an overall understanding of tax laws and the course does not focus much on the computations.
(e) The course is based on the law applicable to the current financial year i.e. 2017-18.
Course Outcomes
On completion of this course, the students will be able to:
C4001.1: Students will be able to interpret cases pertaining to direct as well as indirect taxes.
C4001.2: Students will know the tax structure in India, different authorities under Income Tax Act, 1961, GST, Customs Act, etc.
C4001.3: Students will be able to compute liability of taxes on different categories of assesses under Income Tax Act, 1961.
C4001.4: Students will be able to work out on methods of tax planning and tax management.
C4001.5: Students will be able to determine the impact of recent major tax reform in form of GST.
C4001.6: Students will be able to analyze the effect of demonetization on taxation scheme in India.
Catalog Description
Tax laws both reflect and perpetuate certain social values. Governments must choose how much revenue they wish to raise through taxation as well as what social policy objectives they feel a tax system can achieve. In order to accomplish these objectives, governments enact a variety of different taxes that are generally based on either an income or a consumption base, or some hybrid combination of both bases. In addition, governments choose an appropriate tax rate to apply to the chosen tax base: progressive taxation tends to enable wealth redistribution from relatively wealthier taxpayers to those who possess less wealth. All of these choices involve normative implications concerning what is a just society. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems. Students will learn basic aspects of taxation law and will be able to understand the different kinds of tax practices. They will be able to acquire working knowledge of taxation law after completion of the course.
Course Content
Unit I: 5 lecture hours
Introduction to Taxation in India: Constitution Provisions relating to Taxes, Role of the Central and State Government, Types of Taxes: Direct and Indirect Taxes, Revenue Authorities: CBDT & CBIC, Interpretation of Taxing Statutes, Structure of Tax Administration in India, Tax Administration Reform Commission, Interpretation and Construction of Taxing Statute.
Unit II: 20 lecture hours
Overview of Income Tax Act, 1961: Basic Concepts, Definitions, Basis of Income Tax- Accrual, Arise, Residential Status, Agricultural Income, Income under the head Salary, PGBP, House Property, Capital Gains, Income from Other Sources.
Unit III: 9 lecture hours
Overview of GST: Concept of “supply” of goods or services, Taxes levied under GST, Distribution of power between Centre and State, Centre and State taxes subsumed under GST, GST Council, Concept of Composition levy for small taxpayers, Use of Input Tax Credit.
Unit IV: 10 lecture hours
Overview of Customs: Introduction, Definitions, Terms relating to Customs, Valuation under Customs, Import and Export Procedures under Customs.
Unit V: 4 lecture hours
Tax Management; Tax Planning, Tax Avoidance and Tax Evasion: Tax Planning Vs. Tax Management, Tax Avoidance Vs. Tax Evasion.
Text Books:
4. Dr. Gurish Ahuja , Systematic Approach to Income Tax Bharat Law House Pvt. Limited, Delhi; 5. Dr. Vinod K. Singhania, Direct Taxes Law & Practice, Taxman Allied Service Pvt. Limited; 6. V.S. Datey, Universal Law Publishers, Law and Practice, Taxman Publications; 7. A P Dattar, Lexis Nexis, Kanga and Palkivala’s : The Law and Practice of Income Tax.
Reference Books: 10. Kailash Rai, Taxation Laws, Allahabad Law Agency.
Modes of Evaluation: Quiz/Assignment/ presentation/ project/ Written Examination Examination Scheme:
Components Continuous MSE I ESE Evaluation Weightage (%) 30 20 50
Components Quiz/Class Class Project Subject Attendance Total Test/ Snap Participation Work Grand 100 Test Viva Marks Weightage 10% 20% 30% 20% 20% (%) weightage weightage weightage weightage weightage
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C4001.1 3 3 3 2 3 1 2 2 2 2 C4001.2 3 3 3 1 2 1 1 3 2 3 C4001.3 3 3 3 2 3 2 2 3 3 3 C4001.4 3 3 3 2 2 1 3 3 3 C4001.5 3 3 0 1 3 2 3 3 2 3 C4001.6 3 3 0 1 3 2 3 3 3 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination
Program: BA., LL.B. (Hons.) Energy Laws Semester – VIII
Subject (Course): Taxation Law Max. Marks : 100 Course Code : CLCC4001 Duration : 3 Hrs
No. of page/s: 2
Section A ( attempt any two)
1. What are the Constitutional Provisions relating to taxation in India. Discuss. [5] CO2
2. What is Administrative structure of tax authorities in India. Explain. [5] CO2
3. What is Transfer Pricing? Explain. [5] CO2
Section B (Compulsory) 4. Distinguish the following: a. Tax Planning Vs. tax management [10] b. Short Term Capital Gain Vs. Long Term Capital Gain CO2
c. Excise Duty Vs. Custom Duty d. Application of income Vs. Diversion of income 5. Write short notes on the following: CO1 a. Double Taxation Avoidance Agreement [10] and b. General Anti Avoidance Agreement CO2 Section C (Compulsory) 6. What is meant by exempted income- Give 10 examples? [10] CO2
7. Discuss the provisions of Income Tax Act, 1961, relating to the Income Tax Appellate Tribunal. [10] CO2
SECTION D (Compulsory) 8. A’, a resident in India receives 6 Lac from agricultural land situated in Sri Lanka. How this income [10] CO2 is treated under the head income. 9. Explain the provisions relating to valuation of Excisable goods for the purpose of charging Excise [5] CO3 Duty. 10. What are the basic conditions of liability of excise in India? What is the constitutional basis of [20] CO2 excise? Determine the excise liability in following cases:
i. A’ a manufacturer is manufacturing plastic drum of 50 liters of capacity in the state of ‘Himachal Pradesh’. Raw material for production comes from ‘Y’ a manufacturer in the state of Haryana.
CLCC 3003 Administrative Law L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Constitution of India Co-requisites
ii. Although the Income Tax Act, 1961 defines “agricultural income”, it does not define the term ‘agriculture’ or ‘agricultural activities’. In absence of definition of the aforesaid terms, how do you find out whether a particular activity is an agricultural activity and income earned is agricultural income? Discuss with the help of case law.
11. a. Discuss the residential status of an individual. [15] CO2
Mr. Chi Chan Chun stayed in India for 730 days in 7 years preceding the previous year. He stayed for 180 days in the previous year. In 4 years preceding the previous year he stayed for 360 days. Discuss his residential status.
b. Discuss the residential status of HUF.
Course Objectives
To familiarize with the fundamental premises and design of the Administrative Law. To expose to the guiding principles and applicable doctrines of select subfields of Administrative Law. To foster an informed perspective on the nature and limit of Judiciary in the development of the Administrative Law.
To cultivate ability to identify latent issues in Administrative Law. To equip with the intellectual tools necessary to properly conceptualize and analyze issues in Administrative Law.
Course Outcomes
On completion of this course, the students will be able to
C3003.1 Understand And Explain The Principles Of Administrative Law Covered In The Course.
C3003.2 apply the critical thinking required to bring about solutions to complex Administrative Law
problems/lacunae/uncertainities.
C3003.3 analyse and conduct legal research on executive decision making.
C3003.4 predict and construct how unresolved or ambiguous Administrative Law questions could be
resolved by the courts through an analysis of case law and the judicial method.
C3003.5 understand the new phenomenon of ‘tribunalisation of justice’ and functioning of various tribunals.
Catalog Description
Interactive approach implanting discussion method during the study. (Students are supposed to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). Work in small groups for Group Projects and personalized teaching (Student counselling, mentoring and individual/group projects/ assignments, exercises using Solver and excel etc.) Presentations (Assignment /Writing Research Article) Group Projects Chalk and talk Random Questioning Reflections Case Analysis
Course Content
Unit I: 2 lecture hours Introduction A. Course Plan discussion in detail. B. What is Administrative Law?
Unit II: 5 lecture hours Nature, Scope and Development of Administrative law.
A. Definition of Administrative Law B. English Approach of Administrative Law C. Distinction between constitutional law and Administrative law D. Sources of Administrative law E. Extent of Administrative law F. Administrative law in India G. Rule of law and Administrative law
H. Meaning of Rule of Law I. Dicey’s concept of Rule of Law J. Criticism of Dicey’s Concept K. Other views on Rule of Law L. Rule of Law in India
Unit III: 3 lecture hours Separation of Powers (Des Pouvoirs) A. Origin and Meaning of the Doctrine of Separation of Powers B. Effect of the Doctrine of Separation of Powers C. Separation of powers in practice D. In England E. In USA F. In India G. Judicial Approach towards the doctrine of separation of powers.
Unit IV: 7 lecture hours Delegated Legislation A. Meaning/Definition of Delegated Legislation. B. Some instances of Delegated Legislation C. Necessity of Delegated Legislation D. Reasons contributing to the growth of Delegated Legislation E. Classification or Forms of Delegated Legislation F. Concept of Sub Delegation (Delegates non potest Delegare) G. Instance of sub-delegation H. Conditional Legislation I. Distinction between Delegated legislation and Conditional legislation J. Constitutionality of Delegated Legislation K. Functions which cannot be Delegated (Impermissible Delegation) L. Skeleton Legislation: Power of supplying details M. Power of Inclusion and Exclusion
Unit V: 4 lecture hours Control of Delegated Legislation A. Control Mechanism of Delegated Legislation B. Judicial Control C. Legislative Control- laying requirement D. Procedural Control- Pre and post publication, consultation of affected interest
Unit VI: 11 lecture hours Administrative Discretion A. Meaning of discretion B. Judicial Review of conferment and exercise of discretionary power
C. Abuse of discretionary power D. Nature and Scope of Judicial Review in Administrative Discretion E. Grounds of Judicial Review in Administrative Discretion: F. Abuse/Misuse of Discretion-mala fides/ill-will, motive, unreasonable/ Arbitrariness, Improper purpose, ignoring relevant considerations, relying on irrelevant consideration. G. Non application of mind-acting mechanically, acting under dictation, imposing fetters by self-imposed rules or policy decisions. H. Violation of the Principles of Natural Justice
Unit VII: 6 lecture hours Principles of Natural Justice
A. Administrative and quasi-judicial functions. B. Meaning and need for Administrative Adjudication, lis inter partes, concept of fairness. C. Nemo judex in causa sua (rule against bias) D. Types of Bias- i. Pecuniary Bias ii. Personal Bias iii.. Exception against Bias E. Audi alteram partem (rule of fair hearing)- i. Notice, ii. Right to cross-examination, iii. Right to legal representation. F. Reasoned Decision (Speaking Order). G. Effect of non-observation of the Principles of Natural Justice. H. Requirement of supplying Enquiry Report-Effect of non-supply of such report.
Unit VIII: 7 lecture hours Judicial Review
A. Meaning of Judicial Review B. Meaning of Review C. Meaning of Appeal D. Difference between Review and Appeal E. Judicial Writs F. -Writ of Certiorari 1. Certiorari distinguished from other writs 2.Grounds for the issue of certiorari to a judicial or quasi-judicial body 3. Limits of Certiorari
G. Writ of Prohibition
1. Limits of Prohibition
H. Writ of Mandamus
1. Conditions for the grat of Mandamus
G. Writ of Habeas Corpus
H. Writ of Quo Warranto
1. Conditions for the grant of Quo Warranto
I. Ouster Clauses (constitutional and statutory exclusion)
J. Curative Petition
Unit IX: 3 lecture hours Tribunals & Regulatory Bodies
A. Concept; B. Justice by Tribunals-Advantages: Openness, Fairness, Impartiality, Absence of Technicalities of Evidence and Procedure, Cheapness; C. Constitution of India, Art. 323 A & 323 B D. Overview of Tribunals in India with particular reference to Administrative Tribunals established under the Administrative Tribunals Act, 1985 E. Need of Regulatory Bodies; Composition, Powers, functions and procedure 1. Text Books: I.P.Massey, Administrative Law, 8th Edition EBC M.P. Jain & S,N. Jain, Principles of Administrative Law, 7th Edition Lexis Nexis S.P. Sathe, Administrative Law, 7th Edition, Lexis Nexis- Butterworths T.K.Takwani, Lectures on Administrative Law, 4th Edition, EBC
2. Reference Books: H.W.R. Wade & C.F. Forsyth- Administrative Law, 10th Edition, Oxford University Press M.P.Jain, Cases and Materials on Indian Administrative Law Vol. III, Wadhwa
3. Additional Readings H.W.R Wade and C.F. Forsyth, Administrative Law (8th ed., 2000) Bhagbati Prosad Banerjee and Bhasker Banerjee, Judicial Control of Administrative Action (2001) H.M. Seervai, The Position of the Judiciary under the Constitution of India (1970)
4. Reporter: Supreme Court Cases All India Reporter All England Reporter
5. Journals Journal of Indian Law Institute (Open Access) http://www.elearningilidelhi.org/ILIWEB/ILIBrowserVolume.aspx Indian Bar Review Journal of Constitutional Law & Parliamentary Affairs
6. Web Sources: SCC Online Westlaw India Lexis Nexis Online
Modes of Evaluation:
Written Examination/Quiz/ Continuous Assessment / Viva.
Examination Scheme:
Components Continuous Mid term Exam End term Exam Assessment Weightage (%) 30 20 50
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C3003.1 3 3 3 - 3 2 3 3 3 - C3003.2 3 3 3 1 3 1 3 2 2 - C3003.3 3 3 3 2 3 2 3 3 3 - C3003.4 3 3 3 - 3 2 3 3 3 - C3003.5 3 3 3 - 3 2 3 2 2 - C3003.6 3 3 3 1 3 2 3 3 3 -
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Program: Int. B.B.A. LL.B. Hons. Corporate Laws, B.A. LL.B. Hons. Energy Laws. Batch 1, Int. B. Com LL.B. Batch 1 &2 Semester – V Subject (Course): Administrative Law Max. Marks : 100 Course Code :CLCC3003 Duration : 3 Hrs No. of page/s:4
Instructions: Attempt all questions from Section A (10 marks); any Four Questions from Section B (each carrying 5 marks); Section C is Compulsory (carrying 20 marks); Section D is Compulsory (carrying 20 marks).
Section A
1. Give the two principles of natural justice (latin maxim). [2] CO3 In which case, the Supreme Court has held that the word ‘law’ in Article-21 does not mean merely an 2. [1] CO1 enacted piece of law but must be just, fair and reasonable law?
3. 1. Match List-I with List-II and select the correct answer using the codes given below : List – I List - II (a) Abuse of discretion 1. Rule of Law (b) Equality before law 2. Lack of Power (c) Delegated legislation 3. Check and Balance (d) Separation of powers 4. Ultra-vires [1] CO2 Codes : (a) (b) (c) (d) (A) 2 1 4 3 (B) 1 2 4 3 (C) 3 3 2 1 (D) 4 4 1 2
4. Read Assertion (A) and Reason (R) and with the help of codes given below, point out the correct explanation :
Assertion (A) : One of the principles of natural justice is, ‘No man shall be judge in his own cause’.
Reason (R) : Principles of natural justice require fair play in action. [1] CO4 Codes : (A) (A) and (R) are true and (R) is the correct explanation of (A). (B) (A) and (R) are true, but (R) is not the correct explanation of (A). (C) (A) is true and (R) is false. (D) (A) is false and (R) is true.
5. Match List-I with List-II and indicate the correct answer using the codes given below : List – I List – II (a) A.K. Kraipak Vs. Union of India (i) General administration requires no statute (b) Ram Jawaya Kapur vs State of Punjab (ii) Nemo judex in causa sua (c) Motilal vs State of U.P (iii) Appripriation Act [1] CO1,3,2 (d)Maneka Gandhi Vs. Union of India (iv) Reasonable opportunity of hearing
Codes : (a) (b) (c) (d) (A) (i) (ii) (iii) (iv) (B) (i) (iii) (iv) (ii)
(C) (ii) (iii) (i) (iv) (D) (iii) (ii) (iv) (i)
6. Answer the following using the codes given below : Administrative Law deals with : (i) Composition, powers and functions of the administrative authorities. (ii) Procedures to be followed by the administrative authorities in the exercise of their powers and functions. (iii) Methods of control of powers of the administrative authorities. (iv) Remedies available to a person in case of violation of his rights by the administrative authorities. [1] CO2,3,4 Codes : (A) Only (i) is correct. (B) Only (i) and (ii) are correct. (C) Only (i), (ii) and (iii) are correct. (D) All of the above are correct.
7. Find correct answer :
(A) Administrative law is a branch of public law and is only a part of Constitutional law. It cannot control the Constitutional law. (B) Administrative law is a branch of private law. [1] CO 5 (C) Administrative law is independent to Constitutional law. (D) Administrative law is neither the branch of public law nor of private law, but a part of Constitutional law.
8. India has ______of power not strictly, ______of power. [2] CO3
SECTION B (Attempt any Four Questions) 4. Difference between Writ of Certiorari and Writ of Prohibition [5] CO4
5. Right to notice under Audi Alteram Partem [5] CO2
6. Wednesbury principle [5] CO5
7. Right to cross examination under Audi Alteram Partem [5] CO1
8. Right to legal representation under Audi Alteram Partem [5] CO3
SECTION C is Compulsory 7. The Judiciary controls the Administration through its power of Judicial Review. The same cannot be [10] CO4 curtailed in the light of executive efficiency and administrative convenience. The best and prompt tools that the aggrieved has against the arbitrary actions of the administrative bodies are the writs. In the light of this statement discuss any two writs.
8. The principle of Natural Justice did not originate from any divine power, but are the outcome of the [10] CO2,4 necessity of judicial thinking, as well as the necessity to evolve the norms of fair play. In light of this statement, discuss Rule against bias and Rule of fair hearing in Administrative Law.
SECTION D is Compulsory
9. A legal provision governing Transportation and Storage of sugar in a State reads as follows: [15] CO3,5
“No person shall stock, sell or transport sugar except under a license issued by the prescribed authority, provided that a sugar controller or any other authority, as may be authorized by the government may grant exemption to a person from the requirement of a license if he wants to store sugar for own consumption.
Provided further, that the prescribed authority or the sugar controller or any other person authorized by him, may suspend or cancel a license for reasons to be recorded in writing. The order of the authority concerned shall be final.”
Discuss the validity of the above order with the help of relevant case laws 10. Section 5 of the Gujarat Agricultural Produce Market Act, 1939 states: “the Director may, by notification [20] CO 3,2 in the official gazette, declare his intention of regulating the purchase and sale of such agricultural produce and in such area, as may be specified therein. Such notification shall also be published in Gujarati in a newspaper having circulation in area and in such other manner as may be prescribed.”
The director notifies that “ginger” is to be sold only by license-holders. The notification is published in official gazette but not in Gujarati newspaper. 20 marks
11. Government of India decided to fill vacancies in Indian Administrative Service on urgent basis. [15] CO 1,4,3 To this effect Government of India decided to fill 50% of vacancies through open competition conducted by UPSC and remaining 50% vacancies from various states by inducting Provincial
CLCC4003 Labour Law II L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Labour Law I, Constitutional Law Co-requisites ILO Conventions, National Labour Commission Reports Civil Services officers in IAS cadre through promotion. Central government directed states to conduct free and fair interviews of PCS officers in their respective states and send a list of recommended officers for induction in IAS cadre. However, this list would be recommendatory and it would need final approval of UPSC. In State of Uttar Pradesh, a selection board was constituted in which Mr. X, a senior PCS officer, was a member. Mr. X had also applied for induction in IAS cadre. However, Mr. X did not sit in the selection board at the time his name was considered for selection. When final selection list was published his name was in the selected candidates. Mr. Y, who was also an applicant, challenged this selection list on the grounds of violation of principles of natural justice. Assuming yourself a judge in this case decide.
Course Objectives:
1. To acquaint students with the concept of Labour Jurisprudence in India with a special focus on analysis of enactments and protective regulations relating to labour welfare and social security. 2. To explain students the important concepts and connotations, like wages, welfare, health and safety of workers, employer’s liability for compensation, protection of weaker sections of labour and recent developments in labour laws.
3. To enable students in identification of the liability of employer with respect to labour welfare and social security of the employees or workers. 4. To facilitate students in compliance of labour laws in the corporate environment. 5. To enable students to apply their understanding and reasoning in a given situation based on legal provisions and case-laws.
Course Outcomes:
On completion of this course, the students will be able to:
C4003.1 Understand the legal provisions pertaining to labour welfare and social security focusing on social justice.
C4003.2 Analyse the labour laws with respect to labour welfare and social security.
C4003.3Familiarise with the latest development in the field of labour and industrial laws.
C4003.4Read, comprehend and apply the law while deciding a given case/issue.
Catalog Description:
Labour Law is an integral part of the Indian Legal System which regularizes relationship between employer and employee. In India, it is compendium of 44 Central enactments and more than 150 State laws focusing on industrial relations, wages, health, safety, working conditions, social security and welfare of workers and employees. The subject is bifurcated in two parts; Labour Law I and Labour Law II. Labour Law I primarily deals with industrial relation whereas laws regulating wages, health, safety, working conditions, social security and welfare of the employees and the latest development in the labour laws are the prime concern of Labour Law II. In the initial modules, the overarching concepts of labour welfare and social security would be studied. Further, the laws such as, Minimum Wages Act, Payment of Wages Act, Payment of Bonus Act, Factories Act, Contract Labour (Regulation and Abolition) Act, Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, Employee’s Compensation Act, Employees State Insurance Act, Employees’ Provident Fund Scheme, Maternity Benefit Act, Payment of Gratuity Act would form a part of the syllabus. Emphasis would also be laid on the labour reforms. For teaching the subject, the lecture, reflection, discussion and presentation methods would be used focusing on two types of materials, i.e. Bare Acts and case-laws. Students will be encouraged to actively take part in all group activities and to give oral presentations. Continuous assessment would also be done aiming on clear understating of the legal provisions and their application through case-laws. This subject is an integral part of the Programs i.e. B.A. LL.B. (Energy Laws), B.Com. LL.B. (Taxation Laws), B.B.A. LL.B. (Corporate Laws) and B.Tech. LL.B. (IPR Laws & Cyber Laws) as it acquaints the students with Labour Jurisprudence in India, while appraising them with protective regulations for the working class. It is relevant, especially, for the students aiming at corporate sector; as the knowledge and compliance of these laws becomes inevitable in this sector.
Course Content
Unit I: Labour Welfare and Social Security of Workmen 4 Lecture Hours
Concept of Labour Welfare, Classification and Importance of Labour Welfare, Labour Welfare Activities Concept and Scope of Social Security, Origin of Social Security in India
Unit II: Remuneration for Labour 12 lecture hours
Minimum Wages Act, 1948 - Objective, Scope and Application of the Act, Definitions and Concept of Employer, Employee, Wages, Concept and components of Minimum Wages, Concept of Wages (Minimum Wages, Living Wages, Fair Wages), Fixation of Minimum Rate of Wages Payment of Wages Act, 1936 - Objective, scope and Application of the Act, Liabilities to pay the Wages, Period for Payment of Wages, Protection of Wages, Non-Payment, Delayed Payment. Deductions from Wages: Authorized and Unauthorized Deduction, Remedial Measures for the Protection of Wages Payment of Bonus Act, 1965 - Objective, Scope and Application of the Act, Computation of Bonus, Recovery of Bonus, Reference of Dispute under the Act, Appointment of Inspectors, their Functions and their Power
Unit III: Welfare, Health and Safety of Workers 12 lecture hours
The Factories Act, 1948 - Objective, Scope and Application, History of Factory Legislation and constitutionality, Concept of factory, worker, occupier and manufacturing process, Health, welfare and safety measures, Provisions relating to Hazardous Process, Working hours of Adults, Employment of Young Persons Contract Labour (Regulation and Abolition) Act, 1970 - Objective, Scope and Application, Historical background and Constitutional validity, Salient features, Definition of Contract Labour and Contractor, Authorities under the Act, Penalties
Unit IV: Employer’s Liability for Compensation 4 lecture hours
The Employees’ Compensation Act, 1923- Objective, Scope and Application, Concept and Scope of Compensation to Industrial Workers, Concept of Employer, Employee and Dependent Disablement, Employer's Liability to Pay Compensation, Amount of Compensation, Notice and Claim
Unit V: Protection of Weaker Section of Labour 8 lecture hours
Inter-state Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 The Employees’ State Insurance Act, 1948- Benefits, Claim and Adjudication of Disputes The Maternity Benefit Act, 1961 The Employees’ Provident Fund Scheme, 1952 The Payment of Gratuity Act, 1972
Unit VI: Recent Development in Labour Laws: Labour Code Bill, 2015 8 lecture hours
The Draft Labour Code Bill - Code on Wages, Code on Industrial Relations, Code on Social Security & Welfare and Code on Safety &Working Conditions
Text Books 8. Taxmann’s (2017) Labour Laws, Taxmann Publication 9. Goswami, V.G. (2015) Labour and Industrial Laws, Central Law Agency 10. Pillai K. N. C. (2007) Labour Law and Labour Relations: Cases and Material, Indian Law Institute 11. Mishra. S.N. (2014) Labour & Industrial Laws, Central Law Publications.
Reference Books 1. Pai, G.B. (2001) Labour law in India, Vol. I & II, Butterworths India.
2. Srivastava, K.D. (2002) Law Relating to Trade Unions and Unfair Labour Practices in India, Eastern Book Company. 3. Rao, E. M. (2010) O. P. Malhotra’s The Law of Industrial Disputes, Vol. I & II, LexisNexis Butterworths Wadhwa. 4. Sharath Babu, I. and Shetty, Rashmi (2007) Social Justice and Labour Jurisprudence: Justice V. R. Krishna Iyer’s Contribution, Sage Publications
Modes of Evaluation: Class Test/ Case-Law Presentation/ Project/ Viva-Voce/Attendance/ Written Examination Examination Scheme:
Components MSE Class Test/ Case-Law Presentation/ ESE Project/ Viva-Voce/ Attendance Weightage (%) 20 30 50
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise
Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C4003.1 3 3 2 2 3 2 1 3 2 C4003.2 2 3 3 1 1 1 2 3 2 - C4003.3 3 2 1 3 2 3 2 3 2 C4003.4 3 3 2 3 3 1 2 3 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLCC4003– Labour Laws- II Programme: B.A. LL.B. (Energy Laws) Semester: Even-2017-18 Time: 03 hrs. Max. Marks: 100
Instructions: (Attempt all sections. Each question is compulsory except from Section A, which has options.)
Section A Section A (10 marks) - General Question- subject matter Max. Mapped (Attempt any two questions. Each questions carry equal marks) Marks Course Outcomes 1. Define Minimum Wages. [5] CO1
2. Define Bonus. [5] CO1
3. Define Manufacturing Process. [5] CO1 4. Who is an outworker. [5] CO1
Section B (20 marks) - Conceptual Question (Attempt all questions. Each questions carry equal marks)
5. Differentiate between living wage and fair wage. How relevant capacity to pay is with [10] respect to the concept of wages under the Minimum Wages Act? Answer with help of CO1
case-laws. 6. Identify and discuss the provisions of the Interstate Migrant Workmen Act which provided for special measures in favour of these workmen over and above provisions [10] CO2 under the Contract Labour Act. Section C (20 marks)- Analytical question (Attempt all questions. Each questions carry equal marks)
7. What is gratuity? Discuss the provisions relating to payment of gratuity under the [10] CO2 Payment of Gratuity Act with help of case-laws.
8. Discuss the concept of employment injury under the Employees Compensation Act, [10] CO3 especially the notional extension of premises of work with respect to injury caused by accident “arising out of and in the course of employment” with help of case-laws.
Section D (50 marks) - Application Based Question (Attempt all questions. All questions carry equal marks) (12.5*5) 9. Define and explain the concept of ‘Worker’ under the Factories Act with help of case- [12.5] CO2 CO4 laws dealing with contract of service. How can the occupier be held liable for violation
of any provisions of this Act and how can she/he escape such criminal liability under the Act? 10. The constitutional validity of the Contract Labour (Regulation and Abolition) Act was [12.5] CO4 challenged in a given case on the following grounds by contractors; decide for each ground with help of case-laws and objectives of the Act: • The application of the Act is in respect of pending work of construction amounts to unreasonable restriction on the right of the contractors violating Article 19(1)(g) of the Constitution. • The fees prescribed for registration, licences, or renewal of licences amount to a tax and are, therefore, beyond the rule-making powers of the Central and State Government. • The provisions of the Act are unconstitutional and unreasonable because of impracticability of implementation. Provisions in regard to canteens, rest rooms, latrines and urinals as contemplated in sections 16 and 17 of the Act read with Central Rules 40 to 56 and Rule 25 (2) (vi) are said to be incapable of implementation and also to be enormously expensive as to amount to unreasonable restrictions under Article 19 (1) (g). 11. The appellant was employed by Respondent SICA for repairing ACs. On July 17, 1997 [12.5] CO4 while she was repairing an AC a component of it burst and that caused an injury to his face. As a result thereof she lost vision of her right eye. The appellant being an employee and insured person under the Employment State Insurance Act, 1948 (hereinafter referred to as the `ESI Act') and as the injury sustained by her was an employment injury, became entitled to the benefit of Section 46(c) of the ESI Act. Therefore, she approached the ESI Corporation and the Corporation granted the benefit available to him under the ESI Act. Thereafter in September 1999 she served a notice on the Respondent SICA demanding Rs. 9 lakhs as compensation. This was followed by Application No. 108/C-18 of 1999 before the Commissioner for Employees' Compensation, Bombay under Section 22(2) of the Employees’ Compensation Act, 1923 wherein he claimed compensation of Rs.1,06,785 with penalty, penal interest and costs. In that proceeding Respondent No.1 raised an objection regarding maintainability of the application under the Workmen's Compensation Act by filing an application Exhibit C-5. The objection was that in view of the bar created by Section 53 of the ESI Act, it was not open to the appellant to recover any compensation or damages under the Employees’ Compensation Act for the said employment injury. Decide on behalf of the appellate court with help of laws and cases. 12. [12.5] CO4 Analyse the provisions relating to exemption from the application of EPF Scheme under the EPF and MP Act, 195. NABARD Bank (for short, respondent bank) was established in 1976. The provisions of the Employees Provident Fund Scheme, 1952 became applicable to the respondent bank from 1.9.1979. According to the respondent bank, it meticulously complied with the provisions of the Scheme till 31.8.1981. Thereafter, the respondent bank formed its own trust and framed its own Scheme for payment of provident fund to its employees. According to that Scheme of the bank the employees were getting provident fund in excess of what was envisaged under the Employees Provident Fund Scheme, 1952.
The Regional Provident Fund Commissioner vide order dated 29.8.1981 exempted the respondent bank from complying with the statutory provisions of the Scheme with effect from 1.9.1981 and permitted the respondent bank to pay provident fund to its employees according to its own Scheme. The respondent bank contributed provident fund to its employees as per its own Scheme for the period from 1.9.1981 to 31.8.1993.
On 14.10.1991, the said exemption/relaxation granted to the respondent bank was withdrawn and cancelled and the respondent bank was directed to implement the provisions of the statutory Scheme. Despite cancellation of exemption, the respondent bank continued to make payment of provident fund in accordance with the earlier Scheme till 31.8.1993. In the said Scheme, the respondent bank was contributing provident fund for the employees in excess of the statutory obligation. According to the respondent bank, owing to huge accumulated losses, it issued a notice of change under section 9A of the Industrial Disputes Act, 1947 expressing its intention to discontinue payment of provident fund in excess of its statutory liability with effect from 1.11.1998, but would continue to contribute towards Employees Provident Fund according to the statutory liability.
The Regional Provident Fund Commissioner-II issued a letter dated 13.5.1999 informing the respondent bank that it cannot withdraw the benefit of paying matching employer's share without any limit to wage ceiling and directed it to continue extending the same benefit as was granted prior to 01.11.1998. Thereafter, the Central Government made a reference of the dispute to the Central Government Industrial Tribunal, Nagpur (for short, the Tribunal). The said Tribunal relied on Section 12 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, 1952 Act) and held that the management cannot reduce, directly or indirectly, the wages of any employee to whom the Scheme applies or the total quantum of benefits in the nature of old age pension gratuity (provident fund) or life insurance to which the employee is entitled under the terms of his employment, express or implied.
The Tribunal directed that the employees of the respondent bank shall continue to draw equal amount of contribution from the bank towards provident fund without any ceiling on their wages. According to the Tribunal, the action of the respondent bank to reduce the contribution of the provident fund or to put a ceiling on the provident fund is not justified. The Tribunal also directed that the workmen shall continue to draw the benefit of the prevailing practice of contribution of Employees Provident Fund without any ceiling. The respondent bank, aggrieved by the said award passed by the Tribunal, preferred a writ petition before the learned Single Judge of the High Court of Judicature of Bombay at Nagpur Bench, Nagpur. It was submitted by the respondent bank that the impugned award as well as the communication issued by the Regional Provident Fund Commissioner-II is contrary to law as the same is based on the assumption that Section 12 of the 1952 Act creates bar for imposing the ceiling in accordance with the Provident Fund Act.
It was also submitted that the respondent bank is under an obligation to make contribution towards Employees Provident Fund in accordance with the statutory provisions of 1952 Act. It was further urged that the respondent bank all through has at least made contribution towards Employees Provident Fund in consonance with the statutory provisions. On behalf of the respondent bank it was submitted that the
respondent bank has always complied with the statutory obligation. It was also contended by the respondent bank that the appellants cannot claim as a matter of right the amount in excess of the statutory provisions of 1952 Act.
In this background decide the case with help of decided case-laws.
CLCC5004 Arbitration & Conciliation and ADR Mechanisms L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Law of Contracts, Civil Procedure, Criminal Law, Principles of Commercial Laws Co-requisites Basic understanding of Law
Course Objectives
1. To understand the reasons for conflicts and examine the methods of conflict resolution.
2. To understand the limitations of litigation and to appreciate the advantages of Alternative methods of dispute resolution.
3. To understand the clients’ problem and help the clients to make decisions.
4. To learn the strategic use of ADR methods.
Course Outcomes
On completion of this course, the students will be able to
C5004.1 Understand various kinds of ADR Mechanisms.
C5004.2 Understand and apply Arbitration and Conciliation, including international commercial and investment arbitration.
C5004.3 Apply the alternative dispute resolution methods to avoid traditional litigation.
C5004.4 Understand that ADR is recognized as well as appreciated by the policy makers and efforts are being made to use ADR methods wherever possible instead of litigation.
C5004.5 Learn the strategic use of ADR methods.
Catalog Description
In this course, the focus will be on making the students appreciate the importance of alternative dispute resolution mechanism as mode of dispute resolution, specially arbitration both domestic and international. The course will focus on law of arbitration in India along with the law on international commercial arbitration and international investment arbitration. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems. Class participation is a fundamental aspect of this course. Students will be encouraged to understand the nuances of arbitration in the present legal scenario. Students will be expected to go through current trends in dispute settlement, case laws, ongoing arbitrations, research papers, government policy papers etc. Course Content
Unit I: 8 lecture hours INTRODUCTION TO ADR Relevance of ADR Various kinds of ADR ADR vis-à-vis Traditional Dispute Resolution Supreme Court on ADRs – Salem Bar to Afcons Infrastructure
Unit II: 4 lecture hours ARBITRATION Introduction Arbitration vis-à-vis Traditional Litigation Advantages and Disadvantages of Arbitration
Unit III: 20 lecture hours ARBITRATION AND CONCILIATION ACT 1996 246th Law Commission Report on Amendments to A&C Act 1996 Definitions Arbitration Agreement Judicial Intervention in Arbitration Appointment and Challenge of Arbitrators Arbitral Procedure Jurisdiction of the Arbitral Tribunal Awards Challenge of Arbitral Awards
Unit IV: 10 lecture hours INTERNATIONAL ARBITRATION International Commercial Arbitration International Investment Arbitration
Unit V: 6 lecture hours CONCILIATION AND LOK ADALATS
Text Books
1. Avtar Singh, “Law of Arbitration and Conciliation” 8th Edition 2007, EBC Publication.
2. Dr S.C. Tripathi, “Arbitration and Conciliation Act, 1996 with Alternative means of settlement of Disputes” Central Law Publication.
Reference Books
1. Law relating to Arbitration and Conciliation by PC Markanda Wadhwa and Co., 2001 2. The Law and Practice of Arbitration and Conciliation, by OP Malhotra and Indu Malhotra, Thomson Reuters, 3rd Edition. 3. Redfern and Hunter on International Arbitration, by Alan Redfern, Constantine Partasides, Martin Hunter, and Nigel Blackaby, Oxford University Press. 4. International Commercial Arbitration, by Gary B. Born, Wolters Kluwer’s, 2nd Edition.
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Projects/Viva/Presentation/Attendance MSE ESE Weightage (%) 30 20 50
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C5004.1 3 3 3 - 3 2 3 3 3 - C5004.2 3 3 3 1 3 1 3 2 2 - C5004.3 3 3 3 2 3 2 3 3 3 - C5004.4 3 3 3 - 3 2 3 3 3 - C5004.5 3 3 3 - 3 2 3 2 2 - C5004.6 3 3 3 1 3 2 3 3 3 - 1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLCC5004 – Arbitration and Conciliation and ADR Mechansim Programme: B.A.LL.B. (Hons.) Energy Laws Semester: - VIII Time: 03 hrs. Max. Marks:100
Section A
1. What is the Lex Arbitri? [2] CO2
2. What is the difference between arbitration and expert determination? [2] CO2
3. Which case overruled Bhatia International v. Bulk Trading SA? [2] CO2
4. Awards under which Conventions are dealt with by Part II of the A&C Act 1996? [2] CO4
5. What is the difference between Conciliation and Mediation? [2] CO3
SECTION B 4. What is the nature of the power of the Court to appoint arbitrators under Section 11 of the [10] CO4 Arbitration and Conciliation Act 1996? Elucidate.
5. What is the nature of Section 89 of the CPC? Explain, considering the relevant cases. [10] CO3
SECTION C 7. What are the changes that have been introduced in Section 17 of Arbitration and Conciliation Act [10] CO4 1996 and what is the rationale thereof? 8. Explain the changes in the law arbitration since Bhatia till the amendment in 2015. [10] CO4
9. Differentiate between place and venue of arbitration? Explain the legal consequences of choosing [10] CO2 a seat of arbitration. Give case laws to support your explanation along with the legislative provision of the A&C Act 1996.
SECTION D
10. Khal Drogo (KF) and Chacha Bruce Wayne (CBW), both nationals of India entered into a contract [15] CO2 relating to sale of goods and licensing of a trademark, with an arbitration clause therein. When a dispute arose between them, KF requested CBW to appoint arbitrator. CBW even after repeated requests from KF did not appoint arbitrator. KF requested the High Court of Delhi to appoint arbitrators. While appointing the arbitrator, the High Court observed that the arbitration agreement does not authorize the arbitral tribunal to decide on the issue of licensing. Arbitration was commenced and during the arbitral proceedings the tribunal ventured into the issue of licensing, to which KF objected.
CLCC4010 Aviation Law L T P C Version 1.0 2 0 0 2 Pre-requisites/Exposure International Law co-requisites Not Applicable
a) Shall CBW have any legal recourse if the tribunal accepts the objection raised by KF, and if so, what? Explain.
b) What shall be legal implications of rejecting the objections raised by KF? Explain.
11 Bhad me Jaye India Inc. (BMJI Inc.) and India ko Lootenge Inc. (IKL Inc.) were companies incorporated under the laws of India. IKL was carrying its operation and management from Indonesia. These two companies had entered into Service contracts which provided for dispute [15] resolution in form of arbitration. The arbitration clause designated Indian law as substantive law CO2 and the seat of arbitration was in Delhi. Critically analyze the legal implications arising out such a situation. (15 marks)
12 Critically analyze the doctrine of Kompetenz Kompetenz and its relationship with the separability. CO2 [10]
Course Objectives
(a). The objective of this course is to walk the undergraduate law student through the various International conventions that effect Aviation law a subject which is basically transnational requiring cooperation on a global level.
(b). The liability of the carrier under the Warsaw system, Product liability in Aviation, Air navigation, automation and airworthiness, surface damage and collisions , Insurance , Rights in Aircraft, Assistance and salvage and the penal law are covered in continuation of the provisions of various conventions, ICAO et al and its practical application
(c). The aviation law as in the Aircraft Act of 1934 and the Air corporations (Transfer of undertakings and Repeal) Act 1994 are covered taking the law governing the country
Course Outcomes
On completion of this course, the students will be able to:
C4010:1: At the end of this course the student will have a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.
C4010:2: The pedagogy and international case law presentation along with the statute will provide the essential application knowledge to meet practical situations confronting the industry under the law. Besides the Aviation industry being in its nascent stage of development international case study is drawn upon to give the student an idea how to handle yet unforeseen problems from a regulatory point of view.
Catalog Description
The students will read about the domestic and international aviation law. Students will receive an introduction to all major aspects of aviation law, with emphasis placed on government regulation of airlines, airports, and airline personnel. They will be able to acquire working knowledge of aviation law after completion of the course.
Course Content
Unit I: 3 lecture hours
Introduction, History and Evolution of Aviation law, Sources of Aviation Law, Principal organizations in Aviation
Unit II: 2 lecture hours
The Chicago Convention
Unit III: 2 lecture hours
Aircraft Act of 1934, Air corporations (Transfer of undertakings and Repeal ) Act 1994 , DGCA Director General of Civil Aviation, Airports Authority of India, Government of India Ministry of Civil Aviation
Unit IV: 2 lecture hours
The Warsaw system, The Hague protocol, The Guadalajara Convention, The Montreal Convention
Unit V: 2 lecture hours
Aircraft Handling, Air traffic Control, Aircraft design and Maintenance, Passenger Handling, ,Cargo handling
Unit VI: 2 lecture hours
Damage to third parties, Air Collisions, Aircraft design and Maintenance, Passenger Handling, Cargo handling
Unit VII: 2 lecture hours
Risk evaluation, Insurance, Hijacking
Unit VIII: 2 lecture hours
Precautionary attachment of Aircraft, International recognition of “Rights in the Aircraft”, Leasing
Unit IX: 2 lecture hours
Search and rescue, Financial aspects
Unit X: 3 lecture hours
Tokyo convention, Financial aspects, Hague Convention, Montreal Convention
Unit XI: 2 lecture hours
Open Skies Policy
Text Books:
Text Books:
1. An introduction to Air Law by Dr. I.H.Pb.Diederks-Verschoor, Kluwer Law International 2. MDSA- 811D Aviation Law and Insurance
Reference material:
1. Aircraft Act, 1934 2. Aircraft Rules, 1937
3. Power Point Presentations and Handouts
Modes of Evaluation: Quiz/Assignment/ presentation/ project/ Written Examination Examination Scheme:
Components Continuous MSE I ESE Evaluation Weightage (%) 30 20 50
Components Quiz/Class Class Project Subject Attendance Total Test/ Snap Participation Work Grand 100 Test Viva Marks Weightage 10% 20% 30% 20% 20% (%) weightage weightage weightage weightage weightage
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C4010.1 3 3 3 2 3 1 2 3 3 2 C4010.2 3 3 3 1 2 1 1 3 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Roll No: ------
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination
Program: BA., LL.B. (Hons.) Energy Laws 2015 Semester – VI
Subject (Course): Aviation Law Max. Marks : 100 Course Code : CLCC 4010 Duration : 3 Hrs No. of page/s: 2
Section A ( attempt any two)
1. Write short notes on: a). DGCA [5] CO2 b). Crashworthiness
2. Distinguish between: a). IDERA and DPoA [5] CO2 b). Third and Fourth freedom of air
3. What is Lisi doctrine. Discuss. [5] CO2
Section B (Compulsory) 4. Distinguish between the following:
a). Eighth and Ninth Freedom of Air [10] b). Finance Lease Vs. Operating Lease CO2
5. Write short notes on the following: a.Cabotage CO1 [10] and b. Powers of Aircraft Commander CO2
Section C (Compulsory) 6. Why is International Air Transport Agreement commonly known as Five Freedoms Agreement? [10] CO2 Discuss.
7. Critically analyze the following theories with respect to the penal law in aviation law: [10] CO2
a). Territorial theory
b). National theory
c). Mixed theory
SECTION D (Compulsory) 8. What is National Civil Aviation Policy, 2016. Analyze it in light of following factors: [10] CO2
a). Regional Connectivity Scheme
b). 5/20 requirement
c). Open sky agreement
9. How are the aircraft classified under the Chicago Convention? Explain with the help of relevant [5] CO3 provisions. 10. [20] CO2 Discuss the specific provisions of the Warsaw Convention with respect to the jurisdiction issue. 11. Critically analyse the loopholes of the Chicago Convention. [15] CO2
Semester VIII
LLBL 4007 L T P C Intellectual Property Law
Version 1.0 4 0 0 4 Pre- Contract Law, Basic understanding of Ownership requisites/Exposure Co-requisites Procedural Law
Course Objectives
This course intends to:
8. Introduce the students to the concept of intellectual property rights and its multiple dimensions. 9. Apprise the students of how IP is similar yet different from traditional property rights. 10. Enlighten students with the basics about application of IP rights, their characteristics and legal implications.
11. Analyse challenges of the current regime in IP world and suggest their suitable solution. 12. Sudents will get exposure to various judicial precedents before appropriate authorities, Infringement actions determining the nature of enforcement of IPRs and various remedies available to the aggrieved in Indian law and corresponidng provisions in U.S. and E.U.
Course Outcomes
On completion of this course, the students will be able to:
C4007.1 Identify what type of IP protection is given to a particular subject matter. C4007.2 Conceptualize the need, importance and procedure of obtaining IP protection. C4007.3 Implement the rights to which the IP holder will be entitled with an ability to apply the law to real and hypothetical situations. C4007.4 Compare the Indian Law with U.S. and E.U. law and analyse a given situation. C4007.5 Incorporate functional knowledge of IP with specialized capabilities to comprehend solutions to traditional practices. C4007.6 Demonstrate their lawyering skills and provide effective solution to Intellectual property disputes.
Catalog Description
Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. Generally speaking, intellectual property law aims at safeguarding creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions. Groundbreaking research conducted by Brand Finance demonstrated that 62% of the world's business is now intangible. This represents $19.5 trillion of $31.6 trillion global market value. The course would be taught using a mix of pedagogical tools, including but not limited to lecture, case presentation by the student and use of visual and audio aids. Given the growing importance of Intellectual Property in political economy of the world and of India, and also of the legal practice in this area, an introductory course in this area takes the students on the right path of success for their law career. In this background, lecture, reflection, discussion and presentation method would be used focusing on two types of materials, i.e. bare acts and case-laws. A comparative analysis will be done of Indian law with U.S., E.U. Students will be encouraged to actively take part in all group activities and will be encouraged to give oral presentations. Continuous assessment would also be done aiming on clear understating of the legal provisions and their application through case-laws.
Course Content
Unit I: 8 Lecture hours
Introduction & Justification of International Regime of Intellectual Property
I. Introduction
II. Theories: a. Lockean Justification: Labour Theory b. Hegelian Justification: Personality Theory c. Tragedy of commons by Garret Hardin d. Utilitarian Theory
Unit II: 12 Lecture hours
Law of Trade Mark
I. Introduction and Subject Matter II. Spectrum of Distinctiveness a. Concept of well-known trademarks, Collective trademarks, Certification trademark b. Trademark in Domain Names c. Non-Conventional trademarks
III. Principles of Registration of Trademark a. Absolute grounds of refusal b. Relative grounds of refusal IV. Registration: Procedure, Rights conferred by registration V. Infringement / Passing off
VI. Exceptions / Defenses
VII. Remedies (civil and criminal) and Appeals
Unit III: 8 Lecture hours
Law of Copyright
I. Fundamentals and Subject matter II. Concepts of Idea Expression Dichotomy and Originality III. Subsistence of Copyright: Work, Literary works; Artistic work; Dramatic works; Musical works; Copyright in character; Work of architecture; cinematograph film; sound recording; computer program; photograph; Performance IV. Different type of rights: Foundation of Rights, Economic Rights, Moral Rights
V. Author of a work and Ownership in Digital Copyright
VI. Assignment and License of copyright
VII. Infringement
VIII. Exceptions / Fair use / Fair dealing IX. Remedies
Unit IV: 8 Lecture hours
Law of Patents
I. Introduction and subject matter a. Patentable Inventions b. Non patentable inventions II. Criteria of Protection: a. Novelty, b. Utility, c. Non obviousness III. Registration IV. Ownership, rights conferred on a patentee V. Revocation and surrender of patents VI. Infringement VII. Exceptions
VIII. Compulsory licensing IX. Remedies
Unit V: 6 Lecture hours
Designs and Geographical Indications
I. Introduction and Subject Matter
II. Criteria of Protection and Registration
III. Copyright in registered design ( read along with Copyright Act)
IV. Piracy in Designs and Remedies
V. Overview of Geographical Indications
Unit VI: 6 Lecture hours IP Management and Exploitation
I. IP As an Asset
II. IP Management including Licensing
Text Books o ‘Intellectual Property’, David Bainbridge, 2012, Pearson, 9th edition. o ‘Law of Copyright Comparative Perspectives’, Alka Chawla, 2013, Lexis Nexis, 1st Edition. o ‘Law of Intellectual Property of Singapore’, Ng-Loy Wee Loon, 2009, Sweet & Maxwell, Revised Edition. o ‘Law Relating To Intellectual Property Rights’, V.K. Ahuja, 2013, Lexis Nexis; 2nd Edition. o R.Radhakrishnan and S. Balasubramanian, Intellectual Property Rights: Texts and Cases, Excel Books, New Delhi, 2008. o V.K. Ahuja, Law Relating to Intellectual Property Rights, LexisNexis, 2013, India. Reference Books o Lionel Bently Brad Sherman, “ Intellectual Property Law” Oxford University Press; 4th Edition 2014 o Elizabeth Verkey, “ Law of Patents” Eastern Book Company, 2nd Edition, (2012) o W.Cornish, D.Llewelyn and T.Aplin, “Intellectual property: Patents, Copyright, Trdae marks and Allied Rights.” Sweet & Maxwell; 8th edition (2013) o “Law of Copyright and Neighbouring Rights: National and International Perspectives” Lexis Nexis Butterworths, New Delhi India, 2007 o N.S. Gopalakrishnan & T.G. Agitha, “Principles of Intellectual Property” “Eastern Book Company. (1st Ed, 2009)
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal Mid End Term Examination ESE Assessment Semester Weightage 30% 20% 50% 100% (%)
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Comment Work Court Grand Viva Marks Test Room Exercise
Weightage 20% 20% weightage 20% 20% 20% (%) weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 C 4007.1 3 3 3 - 3 2 3 3 3
C 4007.2 3 3 3 1 3 1 3 2 2 C4007.3 3 3 3 2 3 2 3 3 3 C4007.4 3 3 3 - 3 2 3 3 3 C4007.5 3 3 3 - 3 2 3 2 2
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLCC4007 Intellectual Property Law Semester: VIII
Programme: BA., LL.B. (Hons.) ENERGY LAWS 2014 Max. Marks:100
Instructions: Attempt all questions from Section A (10 Marks); Section B (20 Marks). Section C is Compulsory (20 marks), Section D (50 Marks). Section A Memory Based Questions ( 5* 2= 10 Marks) 1. Copyright [2] C 4007.1
2. Berne Convention [2] C 4007.1 3. Non-Conventional Trade Mark [2] C 4007.2
4. Ownership in Copyright [2] C 4007.2
5. Moral Rights [2] C 4007.2
SECTION B Descriptive Questions
(4 question*5 Marks -20 marks)
6. What kind of IPR can be claimed over this question paper? How will you decide that it qualifies the [5] C 4007.1 requirement of the IPR identified by you? Who will be the first author/owner of this question paper?
7. A is the first person to discover the method of making lemon juice by combining lemon with water and sugar. A patents the method of making the juice and also the product Juice that is made. B is a professor [5] C 4007.2 and teaches his students in his hotel management class how to make lemon juice. B then asks his students to taste the juice so made. Does B infringe A's patent? State Reasons 8. You have made an application for grant of a patent. Later you discovered that another person has also made an application for grant of patent in respect of the same invention. Who will get the patent for that invention? State reasons? [5] C4007.3
9. Define Technological protection measure. C [5] 4007.5, Section C Analytical questions (2 question *10 Marks -20 marks)
8. Copyright of Databases [10] C 4007.1,C 4007.4 9. Procedure of Registration of Trademark [10] C 4007.1,C 4007.4 Section D All Questions are compulsory Application based questions/ Case study -50 marks)
10. Viacom sued YouTube for more than $1 billion for copyright infringement because hundreds of thousands (15) C of clips from Viacom programs, such as the Colbert Report and The Daily Show with Jon Stewart, have 4007.1, been uploaded to YouTube without Viacom’s permission. These Viacom programs have been viewed more than 1.5 billion times. (Viacom is not claiming that remixes and mashups are infringing, only verbatim C copies of the whole or substantial parts of the programs.) The direct infringement claims are for violation 4007.4, of the public performance, public display, and reproduction rights. The indirect infringement claims are C 4007.5 for inducement of infringement, contributory infringement and vicarious infringement. Viacom asserts that YouTube should use filtering software to thwart the uploading of Viacom content; that certain features of YouTube, such as one that allows users to share a video with up to 1000 friends and one that allows embedding a video into other websites, are contributing to infringement; that YouTube is running an infringement-driven business because infringing videos are a draw to the YouTube site. Decide whether YouTube is liable for primary or secondary infringement with the help of relevant cases and provisions.
11. . In 1964, Roy Orbison and William Dees wrote and recorded “Oh, Pretty Woman”. The rights to the song (15) C were assigned to Acuff-Rose Music Inc., which subsequently registered the song for copyright protection. 4007.1, In 1989, Luther Campbell, lead vocalist and song writer for an obscure band called Live Crew, wrote a version of the famous song, substituting its lyrics with ones which were obscene. Subsequently, Campbell’s C music production company, Luke Records, released an album which included the parody. The credits on 4007.4, the album recognized Orbison and Dees as the writers and Acuff-Rose as publisher of the original song. C 4007.5 The general manager of Campbell’s music production company, Luke Records, had offered to give due
credit for ownership and authorship of the original song to Acuff-Rose Music Inc., and also to pay a fee for its use, but Acuff-Rose declined to grant permission. Undeterred, Live Crew continued to sell the album. Acuff-Rose contended that the lyrics were either inconsistent with good taste or would disparage the future value of its copyright. Before Campbell reached the Supreme Court, the Sixth Circuit, relying on Sony Corporation of America v. Universal Studios, and reversing the district Court’s decision, held that the song was not a fair use and thus, constituted copyright infringement. In Sony, the Court had commented that commercial use creates a presumption against fair use. Relying on this, the Sixth Circuit emphatically concluded, “its blatantly commercial purpose prevented the derivative work from qualifying as fair use.” However, when the case reached the Supreme Court, Justice Souter, the author of the majority decision, rejected the Sixth Circuit’s decision that all commercial parodies are presumptively unfair. The Supreme Court also rejected Live Crew’s argument that all parodies should be considered presumptively fair. The Court held that every parody must pass the test of fair use, and applied the factors set out in Section 107 of the Copyright Act to the parody in question.
Explain the Four factor test and Analyze the above mentioned facts as to whether it can be said to be fair use or not?
12. TVS filed for a patent for its invention titled “Shock Absorber with helper spring” which Bajaj (20) C opposed. The invention related to a shock absorber for a vehicle and in particular, one with a helper 4007.1, spring (to aid the shock absorber). The applicants claimed that the helper spring composed of non-linear springs had the property of absorbing and dissipating energy efficiently, thereby increasing the passenger C ride comfort and durability of the shock absorber. Usually, there is a time lag of the damper in absorbing 4007.4, the energy and then releasing it to the surroundings which results in discomfort to the passengers. The steel C 4007.5 they used for this invention was Grade 2 steel. This invention was economically significant.
However the non-linear spring was in fact, composed of several small linear springs put together. Secondly, the use of the cheaper Grade 2 steel instead of the commonly used Grade 3 steel was cost effective. Thirdly the “Helper Spring” as claimed by the applicants was similar to old “PU Bump stop” which was used by others.
Answer the following:
a) Explain the three essentials of patent. b) State whether the last paragraph constitutes state of prior art. Whether TVS invention can be patented?
CLCC4004 Environmental Law L T P C
Version 1.0 48 0 0 4 Pre-requisites/Exposure Constitutional Law and relevant provisions of CrPC and IPC Co-requisites All-important Environmental Legislations
Course Objectives Understanding and awareness regarding the problem of environmental pollution and Law as a means of prevention of environmental pollution and protection of environment. A spirit of inquiry to explore the development of international environmental law and its application in India for the protection of environment. To make the students aware about the provisions under the Indian Constitution for protection of environment and the various legislative measures. To enable the students appreciate the role played by Indian Judiciary in protection of environment and evolution of different principles such as polluter pay principle, precautionary principle, inter-generational equity and sustainable development.
Course Outcomes On completion of this course, the students will be able to C4004.1: The students will be able to understand and explain the nature, scope, importance and basic principles of environmental law in India with current developments C4004.2: The students will be able to analyze the social, historical, constitutional and legal developments on environmental law in India vis-a-vis international developments in the field C4004.3: The students will be able to comprehend and appreciate the applicable legal regime specifically legislated for environmental protection and pollution in India C4004.4: The students will be able to understand and appreciate the structure, functioning and jurisprudence of Special Courts and Tribunals in India on environmental issues C4004.5: The students will be able to able to critically evaluate and formulate arguments (oral and written) towards pressings issues and contemporary developments in environmental law and policy
Catalog Description Since the inception of human history, environment has played a vital role in sustaining life and catering to the needs of the human beings. In fact, nature has made a significant contribution through the ages in influencing different customs, cultures civilizations and development of mankind. But in due course of time man has lost the sense of gratitude for the benevolence of
nature. The passion for industrialization, urbanization, modernization and technological development has become predominant at the cost of environmental protection and this has led to the over-exploitation of the environment and natural resources. The tremendous growth in population and urbanization have created the problems such as deforestation, land degradation, huge generation of chemicals and toxic wastes, pollution of air, water and marine ecosystems, loss of biodiversity, ozone layer depletion, global warming and climate change etc.
At present environmental pollution and degradation has become one of the biggest hazards not only to human existence but also to the existence of all the gifts that nature has bestowed on humankind. Unless immediate and urgent steps are taken to control environmental pollution, a bleak and terrible future awaits the humanity. This fact has accelerated the emergence of different legal measures at international and national level for protection of environment and prevention of pollution. In such a situation the role of national governments, the role of individuals and that of society has become very important. Today, Environmental Law is one of the most important tools for environment protection and management, and hence it is necessary for Law Students to understand this multidisciplinary subject.
Course Content It has 7 modules which are as follows: MODULE I: INTRODUCTION TO ENVIRONMENTAL LAW 1. Nature, Scope and Importance; Law as a tool for Environmental Protection 2. Basic Principles of Environmental Law: Polluter Pays Principle, Public Trust doctrine, Sustainable Development, Inter- generational equity, Precautionary Principle 3. Global Warming and Climate Change – Nature and Causes; International and National Responses 4. National Environmental Policy, 2006
MODULE II: INTERNATIONAL LAW AND ENVIRONMENTAL PROTECTION 1. United Nations Conference on Human Environment, 1972 (Stockholm Conference) – Aims and Objectives of the Conference, Stockholm Declaration, 1972 2. World Charter for Nature, 1982 3. WCED – The Brundtland Commission, Brundtland Report 1987 4. United Nations Conference on Environment and Development (UNCED/Earth Summit) – Aims and Objectives of Conference, Rio Declaration 1992, Agenda 21 5. Major International Instruments for Environmental Protection: Convention on Biological Diversity, 1992, UNFCCC, Statement of Forest Principles, Earth Summit Plus Five - Kyoto Protocol, 1997; MDGs/SDG 6. Johannesburg Conference 2002 (WSSD) - Johannesburg Declaration & Major Outcomes 7. Paris Agreement on Climate Change, 2015
MODULE III: HISTORICAL DEVELOPMENT OF ENVIRONMENTAL LAW IN INDIA 1. Environmental Protection in Ancient Indian Tradition and Culture - Protection of Environment in Ancient India and During Medieval Period 2. Protection of Environment during British Period – Major Legislations 3. Protection of Environment during Post Independence Period
MODULE IV: LEGISLATIVE FRAMEWORK FOR PROTECTION OF ENVIRONMENT IN INDIA 1. Constitutional Framework reg. Environmental Protection in India: Article 21, 48 A, 51 A (g), 32 and 226 2. Environmental Protection and Law of Torts – Tort of Nuisance: Public and Private, Tort of Negligence; Strict Liability/Absolute Liability concept 3. Provisions under Indian Penal Code (IPC) & Code of Criminal Procedure (CrPC)
MODULE V LEGISLATIONS RELATING TO ENVIRONMENTAL PROTECTION & POLLUTION 1. Umbrella Legislation: The Environment Protection Act (EPA) of 1986 - Main Aims and Objectives of the Act, importance of Section 3 and 5 of EPA, Violation and Penalties under the Act – EIA Notifications – An appraisal 2. The Water (Prevention and Control of Pollution) Act of 1974 - The Framework of the Act , Regulatory Mechanism: Its Powers and Functions, Offences and Penalties under Water Act, Role of Judiciary in Prevention of Water Pollution – An appraisal 3. The Air (Prevention and Control of Pollution) Act of 1981 - The Framework of the Act, Regulatory Mechanism: Its Powers and Functions, Offences and Penalties under Air Act, Role of Judiciary in Prevention of Air Pollution – An appraisal. 4. Hazardous Waste Management and Handling Rules, 1989; Municipal Solid Waste Management and Handling Rules 2000; Biomedical Waste Management and Handling Rules 1998; Noise Pollution Regulation and Control Rules 2000 5. Environmental Liability Insurance: The Public Liability Insurance Act and Rules, 1991and Amendment, 1992 6. Nuclear law: Civil Nuclear Liability Act, 2010
MODULE VI PROTECTION OF FOREST, WILD LIFE AND BIODIVERSITY 1. Indian Forest Act, 1927; Forest Conservation Act, 1980, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Judicial Approach for Forest Conservation 2. The Wildlife Protection Act 1972 – relevant provisions; Offences against Wild Life 3. Biodiversity Conservation - Biological Diversity Act, 2002 and its Salient Features
Module VII SPECIAL COURTS/TRIBUNALS CREATED UNDER SPECIFIC ACTS 1. National Environmental Tribunal Act, 1995 2. National Environment Appellate Authority Act, 1997 3. National Green Tribunal Act, 2010
TEXTBOOKS: Shyam Divan and Armin Rosencranz , Environmental Law and Policy in India, Oxford University Press, New Delhi, 2005. P Leelakrishnan, Environmental Law in India, (2nd Edn.), Lexis Nexis, New Delhi, 2005. S. Shantakumar, Introduction to Environmental Law, (2nd Edn.), Wadhwa & Company, Nagpur, 2005. S.C. Shastri, Environmental Law, (2nd Edn.), Eastern Book Company, Lucknow, 2005. Sahu, Geetanjoy; Environmental Jurisprudence and the Supreme Court: Litigation, Interpretation, Implementation TISS, Orient Black Swan, 2014 I.A. Khan, Environmental Law, (2nd Edn.), Central Law Agency, Allahabad, 2002. Amod S. Tilak, Environmental Law, (1st Edn.),Snow White Publication, Mumbai.
Maheshwara Swamy, Textbook on Environmental Law, (2nd Edn.), Asia Law House, Hyderabad, 2008. Jadhav, H & Bhosale, V.M. 1995. Environmental Protection and Laws, Himalaya Pub. House, Delhi 284 p. Trivedi R.K., Handbook of Environmental Laws, Rules Guidelines, Compliances and Standards, Vol I and II, Enviro Media (R) D.K. Asthana and Meera Asthana, Environment Problems and Solutions, (2nd Edn.), S.Chand & Co. Ltd., New Delhi, 2001. Saxena, Karunesh and Nityesh Bhatt (ed.) Environment Management Practices: An Indian Outlook; Himanshu Publications, Delhi 2007 Survey of the Environment, The Hindu (M)
REFERENCE BOOKS Philippe Sands, Principles of International Environmental Law: Frameworks, Standards and Implementation.(2nd ed., 2003) Cambridge University Press. Stuart Bell & Donald Me Gillivray, Environmental Law – The Law and Policy Relating to the Protection of the Environment (6th ed., 2006) Oxford University Press. Daniel Budansky, The Art and Craft of International Environmental Law, (1st ed., 2010) Harvard University Press. Nanda, Ved P and Pring, George; International Environmental Law & Policy for the 21st Century, Transnational Publisher Inc, New York, 2003 Bhatt, S. International Environmental Law; A.P.H. Publishing Corp., New Delhi 2007 Hossain, Kamal and Chowdhury, Subrata Roy (Ed.), Permanent Sovereignty over Natural Resources in International Law & Practice, Frances Printer (Pub.) London, 1984 Rajan, M.S. ; Sovereignty over Natural Resources, Radiant Publishers, New Delhi UNEP (1987) Environmental Management for Local and Regional Development: Developing Countries Perspectives
Modes of Evaluation:
Components Internal Examination Mid-term written End term written Examination Exam
Weightage (%) 30% 20% 50%
Internal Examination: Components Quiz/Class Assignment/ Project Subject Attendance Total 100 Test/ Snap Case Work Court Grand Viva Marks Test Comment Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)-BA LLB [Energy Law (Hons.]
Mapping between COs and POs Course Outcomes Mapped Programme Outcomes The students will be able to understand and explain the nature, CO1 scope, importance and basic principles of environmental law in PO1, PO2 India with current developments The students will be able to analyze the social, historical, CO2 constitutional and legal developments on environmental law in PO3 India vis-a-vis international developments in the field The students will be able to comprehend and appreciate the CO3 applicable legal regime specifically legislated for PO4, PO5 environmental protection and pollution in India The students will be able to understand and appreciate the CO4 structure, functioning and jurisprudence of Special Courts and PO6, PO7 Tribunals in India on environmental issues The students will be able to able to critically evaluate and formulate arguments (oral and written) towards pressings CO5 PO8 issues and contemporary developments in environmental law and policy
1=weakly mapped 2= moderately mapped
3=strongly mapped comparative law with
Model Question Paper skills such as commitment, commitment, as such skills
-long Learning skills skills Learning -long such as oral and written communication, legal legal communication, written and oral as such Effective law professional skills pertinent to law law to pertinent skills professional law Effective of concepts of Knowledge systems legal of understanding related and of law knowledge Interdisciplinary fields/domains situations problem to law of Application decision and analytical logical, employing of insight having professional law Specialist challenges and issues practices, responsibility social and moral Ethical, Influencing and networking building team leadership, Life Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8
LLBL431 Environmental Law 3 2 3 2 1 1 3 3
Name:
Enrolment No:
Course: Environmental Law Programme: Semester: Time: 03 hrs. Max. Marks:100
Instructions: Attempt any four questions from Section A (each carrying 2.5 marks); any Two Questions from Section B (each carrying 10 marks), any Two Questions from Section C (each carrying 10 marks). Section D is mandatory.
Q. 1 “Development should be not at the cost of environment.” Explain this statement. Q. 2 What is Noise Pollution? Explain its sources and effects.
Q. 3 What is Green house effect? Discuss measures to mitigate Climate Change. 2.5x4 CO1 Q. 4 Write short note on salient features of biological diversity Act. Q. 5 Explain the original jurisdiction of national green tribunal.
SECTION B (Attempt any 2 questions ) Q. 6 Discuss the various provisions of Indian Constitution concerting Environment Protection. [10] Critically analyze the role played by judiciary for the development of Environmental Law. CO2
Q. 7 Discuss the provisions regarding prevention, control and abatement of environmental pollution under the Environment (Protection) Act, 1986. Explain the penalty for violation of the [10] CO2 provisions of Environment (Protection) Act, 1986. Q. 8 Examine critically the Polluter’s Pay Principle, Precautionary Principle and Absolute Liability Principle as propounded by Indian Supreme Court. [10] CO2
SECTION C (Attempt any 2 questions Q. 9 “The shift from strict liability to absolute liability is the need of the hour. The Law cannot [10] CO3, remain static”. In the light of the above argument state the measure of liability of an enterprise CO4 which is engaged in an inherently dangerous or hazardous activity with the help of the decided cases.
Q. 10 Discuss the composition, powers and function of the National Green Tribunal (NGT) of [10] CO3, India. Explain the reasons behind the suggestion of the Supreme Court in various cases for CO4 establishing environmental courts. Critically analyze the functioning of the NGT in rendering environmental justice in India.
Q. 11 Evaluate the administration and functioning of the pollution control boards. A organized a [10] CO3, party with loud music after 10:00pm, which created problem to the people living nearby. Discuss CO4 the liability of A.
SECTION D
Q. 12 The Sub-divisional Magistrate, Delhi directed the municipal corporation under Section 133 [20] CO4, of the Criminal Procedure Code, 1973 to abate the nuisance by ordering the municipality to CO5 construct drainpipes with flow of water to wash the filth and stop the stench. Discuss the validity of the order in reference to relevant case law.
Q. 13 There is haphazard and dangerous limestone quarrying practices in the Mussoorie Hill CO4, Range of the Himalayas. Miners blast out the hills with dynamite, extracting limestone from CO5 thousands of acres. The mines also dug deep into the hillsides, an illegal practice that resulted in the cave-ins and slumping. As a result, the hillsides are being stripped of vegetation. Landslides are killing villagers and destroying their homes, cattle and agricultural lands. The State has failed [20] to regulate the mining as required by existing mining laws. Discuss the remedies available to the villagers. OR A multinational company has done leakage of poisonous gases, which has resulted in the death disablement, and diseases of thousands of workers and others in the vicinity of the factory owned by the company. Suggest remedies to the injured persons and their dependents keeping in mind the relevant legal provisions. Q. 14 The Accused was charged with the offence of shooting and killing a tiger while going [10] CO4, through the forest. The Accused pleaded that he was not acting in the violation of the provisions CO5 of the wildlife protection act and he was acting only in self-protection, the tiger being of ferocious nature. Advice to the accused with the relevant provisions of the law. OR A notice was given to about 165 dyeing factories to close down the business as they are polluting water and discharging dirty water on the public roads thereby causing damage to public health. The petitioners claimed that they were doing business for the last 25 years and providing employment to 20,000 to 25,000 families and that the order is against Article 19(1) (g) also. Is the argument justifiable?
CLCC4008 International Economic Law L T P C Version 1.0 4 0 0 4 Pre-requisites/Exposure Public International Law Co-requisites Basic understanding of Law
Course Objectives a) To appraise of the evolutionary process, historical forces, and conceptual shifts that has led to the formation of the multilateral trading and investment system. b) To undertake a critical review of the organizational structure and functional procedures of the WTO, IMF, and IBRD. c) To explore the existential logic of the WTO, d) To inquire if the multilateral trading system has any biases - ideological or hemispherical. e) To identify the role of WTO, Bilateral Investment Treaties, IMF and World Bank in global governance.
Course Outcomes
On completion of this course, the students will be able to
C4008.1 Understand the history and development of International trade law, international investment law and international monetary law. C4008.2 Critically review the organizational structure and procedures of WTO, ICSID, IMF and IBRD C4008.3 Understand organizational design of the WTO, IMF and IBRD C4008.4 Identify the role of WTO, BITs, IMF and IBRD in global governance
Catalog Description
This course will provide an overview of the legal context of key international economic transactions. Coverage includes sources of law (treaty, custom, domestic), basics of trade law, the role and regulation of corporate actors, transnational sales, foreign investment, and international debt, among other topics. When applicable, we will pay attention to the complementarity and conflict between the law governing economic transactions and other major issues in international law and international relations (including human rights, labor, the environment, and emerging commitments to ideas of democracy and good governance). Pedagogy will involve Lecture/Discussions, Term Paper/Project, Reading Groups, Workshops, Viva Voce, Presentations (Paper/ Project), Case Study, Chalk and talk, Random Questioning, Course room exercise and Case Analysis.
Course Content
Unit I: 8 lecture hours Introduction 1. Introduction to International Economic Law. 2. Scope, Meaning and Nature 3. Sources of IEL
Unit II: 16 lecture hours
International Trade Law 1. Theory of absolute Advantage 2. Theory of Comparative Advantage 3. Factor Proportion Theory
4. GATT/WTO 5. WTO- Exceptions: Regional trade agreements (RTAs) 6. Free Trade Agreements and Customs Union 7. WTO- Exceptions: The enabling clause 8. National Treatment 9. Most Favoured National 10. General Exceptions 11. Dispute Settlement 12. TRIPS
Unit III: 14 lecture hours International Investment Law 1. Bilateral Investment Treaties 2. National Treatment 3. Most Favoured Nation Treatment 4. Expropriation 5. Non-Precluded Measures (NPM) 6. Umbrella Clauses 7. Investor-State Dispute Settlement 8. Recent Policy Challenges to the International Investment Law
Unit IV: 10 lecture hours
International Monetary Law 1. International Monetary Fund 2. International Bank of Reconstruction and Development
Text Books
1. Asif H. Qureshi and Andreas R. Ziegler, International Economic Law, Thomson Reuters 2. Peter van de Bossche and Werner Zudoc, The Law and Policy of The World Trade Organization: Text, Cases and Materials, 3rd edn., Cambridge University Press. 3. Simon Lester, Brian Mercurio, World Trade Law: Text, Materials and Commentary, Hart Publishing. 4. Michael Trebilcock, The Regulation of International Trade, Routledge 5. Jeswald Salacuse, The Law of Investment Treaties, Cambridge University Press
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Projects/Viva/Presentation/Attendance MSE ESE Weightage (%) 30 20 50 Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C4008.1 2 3 3 - 3 2 3 3 3 3 C4008.2 3 3 3 - 3 - - 3 2 3 C4008.3 3 3 3 - 3 - 3 3 3 3
C4008.4 2 3 3 2 3 - 3 3 3 3
Model Question Paper
Name: Enrolment No:
Course: CLCC 4008 – International Economic Law Programme: B.A.LL.B. (Hons.) Energy Laws Semester: - IX Time: 03 hrs. Max.Marks:100
Section A
1. What is the difference between the de facto discrimination and de jure discrimination? [5] CO3 2. Explain in brief the voting system followed in the IMF and IBRD [5] CO2 SECTION B 3. GATT art III entertains a de minimis exception for all kind of products. Critically evaluate the statement. [10] CO4
4. Recent international investment policymaking aims at reworking definition clause in the Bilateral Investment Treaties. Why and how? Discuss with examples. [10] CO2
SECTION C 7. MFN in international investment law has been applied in a way that defeats bilateralism. Critically evaluate [15] CO4 the sentence considering the ISDS cases. 8. How do you think is the doctrine of police power is inconsistent with the indirect expropriation clauses [15] CO4 generally found in the BITs? SECTION D
10. Lone Pine Resources Inc. (hereinafter the Lone Pine US) is an oil and gas exploration, development, and [20] CO4 production company that is organized under the laws of the State of Delaware in the United States of America, which is owned by a Russian national Mikhail Romanov, who has for most part of his life lived in Germany manages and controls business from there. Over past few years international businesses related to oil exploration have started shifting their focus from Russia to other parts of the world owing to growing tensions between Russia and NATO states. Due to these tensions, Canada for now has severed diplomatic ties with Russia. Lone Pine US had operations all over the world including Russia. Lone Pine US also has operations in Alberta, British Columbia, Quebec, and the Northwest Territories. Lone Pine Resources Canada Ltd (hereinafter referred to as ‘Lone Pine Canada’) is a corporation organized under the laws of the Province of Alberta. Lone Pine Canada was previously called Canadian Forest Oil Ltd. until June 30, 2011 when it changed its name. Lone Pine US and Lone Pine Canada were wholly owned subsidiaries of Forest Oil Corporation (‘Forest Oil’), a corporation organized under the laws of the State of New York in the United States of America, with its principal place of business at 707-17th Street, Suite 3600, Denver, Colorado, 80202, United States of America. In June of 2011, Forest Oil caused Lone Pine US and Lone Pine Canada to complete a reorganization, pursuant to which Lone Pine Canada became a wholly owned subsidiary of Lone Pine US and Lone Pine US completed an initial public offering in which it sold 17.7% of its shares of common stock to the
public in the United States and in Canada and it listed its shares of common stock on the New York Stock Exchange and Toronto Stock Exchange. The remaining 82.3% of Lone Pine US’s shares of common stock were retained by Forest Oil. In September of 2011, Forest Oil distributed its remaining 82.3% interest in Lone Pine US pro rata to all Forest Oil shareholders. As a result, as of September 30, 2011, Lone Pine US became a stand-alone public company whose common stock is listed on the New York Stock Exchange and Toronto Stock Exchange.
The Utica Shale Gas Basin.
Shale gas is natural gas that is trapped within fine-grained sedimentary rock called shale. Shale contains tiny pores in which natural gas has become trapped over time. It is accessed and extracted through a process called horizontal drilling and hydraulic fracturing. In this process, a vertical well is drilled to a predetermined depth above a shale gas reservoir, and then drilled at an increasing angle until it meets the reservoir depth. Once it reaches that depth, a wellbore is drilled horizontally, sometimes up to 2500 meters. The shale rock surrounding the wellbore is then fractured to either intersect and open existing natural fractures in the shale, or to create new fractures. This creates pathways by which the natural gas can flow to the wellbore for extraction. Shale rock containing natural gas can be found in most sedimentary basins throughout Canada. The largest concentration lies within the Western Canada Sedimentary Basin, which extends from northeast British Columbia to southwest Manitoba. Other basins are located in the Arctic, the Northwest Territories, the Yukon, Quebec, Ontario, New Brunswick, and Nova Scotia. In Quebec, the largest known concentration of shale gas lies in the Utica shale gas basin. It has been estimated that in this region alone, some 181 trillion cubic feet of natural gas is trapped in the shale beneath the surface. To put these numbers into context, in 2009 and 2010, Canada produced a total of just 5.26 trillion cubic feet and 5.37 trillion cubic feet of natural gas, respectively. Accordingly, any party holding the right to extract shale gas from the Utica shale gas basin would stand to generate considerable revenues.
Lone Pine Canada owns 100% interest in a number of Petroleum and Natural Gas Exploration Permits in the Utica shale gas basin. Among these is a Petroleum and Natural Gas Exploration Permit for approximately 11,600 hectares of land beneath the St. Lawrence River. It has been estimated that there exists between 1,870 billion cubic feet and 3,346 billion cubic feet of undiscovered shale gas in this area.
The Farmout Agreement
In 2006, a Quebec-based company called Junex Inc. (“Junex”) held four Petroleum and Natural Gas Exploration Permits on four blocks of land in the Utica shale gas basin covering a total of some 57,772 hectares: Permit Numbers 1996PG950, 2002PG597, 2002PG596, and 2004PG769 (the “Original Permits”). Forest Oil was interested in the shale gas resources in Quebec and approached Junex in 2006 to secure Junex’s interest in the Original Permits. To this end, on June 5, 2006, Forest Oil and Junex entered into a letter agreement (the “Farmout Agreement”) by which Forest Oil obtained, among other things, an option to earn 100% of the working interest in the Original Permit areas from the surface to a depth of 743 meters (the “Contract Area”). The salient terms of the Farmount Agreement are as follows:
a. Junex agreed to drill and core a well in the Contract Area, and provide a core analysis to Forest Oil, with the costs to be shared by Junex and Forest Oil;
b. Upon receipt of the core analysis, Forest Oil would have a period of 6 months to elect to exercise an option to earn an interest in the Contract Area (the “Election Period”); c. In the event that Forest Oil elected to exercise its option, it would have a period of 18 months to spend, cause to be spent, or commit to spend a total sum of $ 5 million USD on drilling, completions, re-completions, construction of facilities, pipelines, and gathering lines or on geological and geophysical expenses in order to earn 100% interest in the Contract Area (the “Commitment Period”); and d. Upon satisfaction of Forest Oil’s obligation to spend the foregoing $ 5 million USD during the Commitment Period, Junex was to assign to Forest Oil 100% interest in the Contract Area, and retain an overriding royalty interest of 20 % or to convert that royalty interest into a 10 % working interest after a certain point in time.
The River Permit Agreement
The St. Lawrence River intersected the areas covered by the Original Permits, and from the outset of its relationship with Junex, it was the intention of Forest Oil to obtain a Petroleum and Natural Gas Exploration Permit for the portion of the St. Lawrence River that lay between them. This area was particularly attractive to Forest Oil because the fault line along the river constituted a naturally fractured shale formation, thereby providing a likelihood of enhanced gas recovery. On July 28, 2006, shortly after the execution of the Farmout Agreement with Junex, Lone Pine Canada applied to the Quebec Ministry of Natural Resources (the “QMNR”) for a Petroleum and Natural Gas Exploration Permit covering approximately 11,600 hectares of land located under the St. Lawrence River (the “River Permit Area”). Lone Pine Canada indicated to the QMNR, among other things, that it planned “to test the shale gas potential of the Utica Formation through horizontal drilling and completion techniques,” and that it would subsequently “apply for an Operating Lease and commence development of the project.” Following Lone Pine Canada’s application, Forest Oil and Junex entered into negotiations to discuss an agreement under which Forest Oil would withdraw its application and Junex would seek a Petroleum and Natural Gas Exploration Permit for the River Permit Area that would be subject to the same terms and conditions specified in the Farmout Agreement. On December 14, 2006, the parties formally agreed to the foregoing terms in writing (the “River Permit Agreement”), and thereafter informed QMNR of the River Permit Agreement. On January 10, 2007, the QMNR wrote to Lone Pine Canada that “[c]onsidering the agreement signed with Junex Inc., we are sending you back the documents regarding your request for an exploration license in the St. Lawrence River.” Junex subsequently applied for a Petroleum and Natural Gas Exploration Permit covering the River Permit Area in accordance with the River Permit Agreement.
Forest Oil’s Satisfaction of its Obligations Under the Farmout Agreement.
Following the execution of the Farmout Agreement and the River Permit Agreement, Forest Oil expended considerable time, resources, and capital to explore for shale gas in the areas covered by these agreements, and in accordance with the Farmout Agreement obtained 100% of 11 the working interest in the Contract Area, and 100% of Junex’s interest in the River Permit Area, which had yet to be obtained but was being processed by the QMNR. In particular, between June and November of 2006, Junex conducted the drilling and core analysis required by the Farmout Agreement, which cost was shared by Junex and Forest Oil. In this process, Forest Oil expended some $ 5 million on coring and related activities. On November 24, 2006, Junex provided a final core analysis to Forest Oil, triggering the Election Period set forth in the Farmout Agreement. On May 10, 2007, and well within the Election Period, Forest Oil elected to exercise its option to earn the interest defined in the Farmout Agreement, triggering the eighteen-month Commitment Period. In 2008, and well within the Commitment Period, Forest Oil notified Junex that it had expended greater than the $ 5 million, required under the Farmout Agreement, entitling Forest Oil to 100% interest in the Original Permits and the River Permit, when acquired, under the River Permit Agreement. Forest Oil has expended approximately $ 15
million (excluding general selling & administrative expenses) on drilling, completions, re-completions, construction of facilities, pipelines, and gathering lines or on geological and geophysical expenses in the Contract Area.
The Acquisition of the River Permit
On March 26, 2009, the QMNR advised Junex that it had approved two Petroleum and Natural Gas Exploration Permits on March 17, 2009: Permit Numbers 2009PG490 and 2009PG492. It is the former of these two permits – 2009PG490 – that was the subject of the River Permit Agreement between Junex and Forest Oil (the “River Permit”). Under the River Permit Agreement, Forest Oil was entitled to 100% of the working interest in the River Permit by virtue of having satisfied its obligations under the Farmout Agreement.
Assignment of the Original Permits and the River Permit
On April 8, 2009, Forest Oil and Lone Pine Canada entered into an Assignment of Letter Agreement pursuant to which Forest Oil assigned all of its rights, duties, benefits, and obligations in the Farmout Agreement to Lone Pine Canada, effective on October 1, 2007. On April 23, 2009, Forest Oil advised Junex of this fact. On January 28, 2010, Junex and Lone Pine Canada entered into an Assignment Agreement under which Junex assigned Lone Pine Canada its working interest in the River Permit, effective as of March 17, 2009, when the River Permit was issued to Junex by the QMNR. On January 28, 2010, Junex and Lone Pine Canada entered into an Assignment Agreement under which Junex assigned Lone Pine Canada its interest in the Original Permits, effective as of August 19, 2009. On April 19, 2010, Junex applied to the QMNR to request that the interest in the Original Permits and River Permit granted to Lone Pine Canada under the Farmout Agreement be transferred to Lone Pine Canada. On April 21, 2010, the QMNR acknowledged receipt of Junex’s request, and on May 27, 2010, formally transferred those interests to Lone Pine Canada.
The Proposed Moratorium on Oil and Gas Development in the St. Lawrence River
By the Spring of 2010, a number of interest groups began putting pressure on the Quebec Government to limit shale gas exploration and development activities in the Province. In response to these pressures, the Government of Quebec initiated a Bureau d’audiences publiques sur l’environnement (“BAPE”) hearing process through which it consulted with members of the public to obtain input on shale gas exploration and development in Quebec. In the late Summer and early Fall of 2010, the BAPE held open houses in three different communities in which shale gas potential was significant: the Chaudiere Appalaches region, the Centre-du-Quebec region, and the Monteregie Est region. The foregoing process resulted in a number of recommendations to the Government of Quebec including, among other things, the strengthening of existing regulatory provisions in relation to shale gas exploration and the undertaking of a strategic environmental assessment on shale gas. The Government of Quebec responded to these recommendations by establishing a strategic environmental assessment committee comprised of experts and representatives from government, municipalities, and industry to evaluate shale gas development in Quebec. Before the strategic environmental assessment was completed, however, and without any consultation with Lone Pine Canada or Junex, the Quebec Minister of Natural Resources, Ms. Natalie Normandeau, announced a proposed moratorium on shale gas exploration and development in the St. Lawrence River on November 9, 2010. Neither Lone Pine Canada nor Junex were notified, much less consulted, prior to Ms. Normandeau’s announcement. Indeed, Lone Pine Canada and Junex only learned of the proposed moratorium (for surface access) from an article published in the Montreal Gazette on November 10, 2010. In response to the proposed moratorium, representatives of Lone Pine Canada and Junex met with the Deputy Minister of the QMNR, Mr. Robert Sauvé, and the QMNR’s Manager of Exploration, Jean-Yves Laliberte, on January 15, 2011 in Quebec City. At this meeting, Lone Pine Canada and Junex re-iterated that their exploration and development plans for the River Permit areas did not
entail any drilling in the St. Lawrence River. Rather, drilling would take place on-shore, and the wellbore would be drilled vertically on-shore then horizontally at depth below the river. These comments made by Lone Pine Canada and Junex appeared to be well received by Sauvé and Laliberte, and Lone Pine Canada and Junex were informed at that meeting that the resources contained in the River Permit would be accessible to them in the future, without any doubt. Additionally, Mr. Sauvé assured Lone Pine Canada and Junex that he would revert to them in short order. However, despite repeated attempts to contact him and messages left for him, Lone Pine Canada was unable to reach Mr. Sauvé and never heard back from him or anyone else at the QMNR regarding the River Permit or any other matter connected with Bill. Rather, without any further consultation or notice to Lone Pine Canada nor any public announcement, the Government of Quebec introduced Bill 18 in the Quebec National Assembly on May 12, 2011. This Bill proposed to revoke all mining rights – including Petroleum and Natural Gas Exploratory Permits – for a stretch of the St. Lawrence River including the area covered by the River Permit. Moreover, the Government of Quebec, through Bill 18, proposed to revoke these rights without offering any compensation whatsoever. On May 20, 2011, the Quebec Oil & Gas Association (“QOGA”) requested that members of the QOGA submit their positions on Bill 18 so the QOGA’s position could be presented to the Government of Quebec and, on May 24, 2011, Lone Pine Canada submitted its position to the QOGA to the effect that Bill 18 amounted to an expropriation without justification or compensation. On May 31, 2011, representatives of the QOGA attended special consultations on Bill 18 conducted by the Committee on Agriculture, Fisheries, Energy and Natural Resources of the Quebec National Assembly. The representatives of the QOGA were told that nothing could be done to change Bill 18, and that “a political decision” had already been made to push it through. On June 10, 2011, less than a month after it had been introduced into the National Assembly without warning, without consultation, and without notice, Bill 18 was quietly and quickly passed in the National Assembly with little ceremony and became law as An Act to limit oil and gas activities (the “Act”). The Act received Royal Assent on June 13, 2011. It should be noted that on May 15, 2013, the Quebec government introduced Bill 37, An Act to prohibit certain shale natural gas exploration and production activities. Bill 37 proposes a moratorium on all shale gas exploration in the lowlands of Quebec’s St. Lawrence eco-region and if passed, will revoke all drilling licences without compensation.
Based on the fact situation and the investment agreement provided in the annexure give answer the following:
7. Is there any foreign investment in the present dispute? (10)
8. Argue the case –
(c) For the ‘foreign investor’. (10)
(d) For the ‘Host State’. (10)
Clean Water Corp is a water, sewage and waste management company incorporated and having its registered office in Hydrolia. In March 1996, it entered into a long-term water purification and management concession [20] CO2 agreement with a group of municipalities in Poorstan for provision and supply of clean water and sewage and waste management for a period of 25 years with an optional renewal on demand by the investor for another 10 years. The concession agreement contains an express choice-of-forum clause providing:
“The Parties agree to submit any dispute arising under this agreement to
(iv) ICSID arbitration;
(v) ICSID Additional Facility arbitration;
(vi) Ad hoc arbitration according to the UNCITRAL Arbitration Rules upon a request by either Party.”
In addition, a 1979 Bilateral Investment Treaty between Hydrolia and Poorstan, which entered into force in July 1981, provides:
The Contracting Parties are willing to submit any dispute arising from an investment made within their territories by a national of the other Contracting Party to the International Centre for Settlement of Investment Disputes.”
The investment was initiated in February 1997 and already by October 1999 80% of the total network envisaged under the agreement was provided for by Clean Water Corp. In July 2000, a dispute arose over the rates charged by Clean Water Corp to the municipal distributor undertakings. In October 2000 Poorstan decided to step in and enacted a decree fixing the rates at a level “required to maintain this service of a general economic importance.”
Clean Water Corp claims that this regulatory action constitutes a de facto expropriation. Hydrolia is a Contracting Party to the ICSID Convention since 1973. Poorstan signed in 1989 but, due to constitutional difficulties, has never ratified it.
9. Clean Water Corp seeks your advice in respect of the following:
(c) Can Clean Water Corp force Hydrolia to take diplomatic steps on its behalf? (10)
(d) Does Clean Water Corp have a possibility of bringing its claim before an ICSID panel? (10)
CLEL 4002 Regulatory Framework of Power, Energy L T P C Sector Version 1.0 4 0 0 4 Pre-requisites/Exposure Basic knowledge of the power sector Co-requisites Nil
Course Objectives
1. To provide a comprehensive understanding of the sector, i.e., power sector post-independence to liberalization; 2. To provide a comprehensive understanding of the regulatory framework for the power sector, generation, transmission and distribution, and its workings; 3. To provide a comprehensive understanding of national and state policies related to power, i.e., Electricity Policy, National Tariff Policy and state policies, including renewable energy; 4. To provide an understanding of the judicial approach in the power sector and the role played by the regulatory bodies; and 5. To provide a comprehensive understanding of the power sector issues, contractual and regulatory.
Course Outcomes
On completion of this course, the students will:
C4002. 1: have clarity of concepts with respect to the regulatory regime governing the power sector, i.e., generation, transmission and distribution, including the tariff regime governing the above; C4002.2: be able to understand the contractual regime governing power sector, i.e., power purchase agreement, its compliance and inter-relation with the regulatory bodies; C4002.3: be have an understanding of power trading and power exchange, and should be able to apply its knowledge in the job market; C4002.4: be able to critically analyse the laws governing the power sector, need of the sector and the judicial approach to the power sector, its interpretation and implementation; and C4002.5: have an integrated understanding of the power and related sector, renewable and conventional energy.
Catalog Description
The course has been designed to provide the students with an overall understanding of the power sector. The Students are require to read the suggested materials as provided under the relevant chapter, or as suggest by the teacher prior to such class. This is expected of the students to ensure an interactive class. Each student is as much a stakeholder and knowledge sharer as the teacher, and is encouraged to ask questions to clarify his/her doubts and also bring in additional input to the discussion. Each student will be evaluated based on his/her understanding of the sector and the applicable laws. This would be determined, amongst others, by observing his/her class interaction and contribution to the subject. They may also be asked to explain concepts discussed in the modules, including by way of presentation, case study, group discussion and other methods. Course Content
Unit I: 2 lecture hours MODULE I: INTRODUCTION TO POWER SECTOR - Understanding electricity - Types of sources of electric power: - Generation - Transmission - Distribution
Unit II: 4 lecture hours Applicable laws and regulations governing the Power Sector - Constitution of India - Historical Background of the Legislative Initiatives - Electricity Act 2003 - The Energy Conservation Act
Unit III: 4 lecture hours Relevant Policies related to Power Sector - National Electricity Policy - National Tariff Policy - Foreign Direct Investment Policy - Integrated Energy Policy
Unit IV: 2 lecture hours Relevant Ministries and Authority - Ministry of Power - Ministry of New and Renewable Energy
- Indian Renewable Energy Development Authority - Bureau of Energy efficiency
Unit V: 4 lecture hours Regulations related to Power Generation - Right to generate electricity - Captivate generation - Hydro-electric generation - Duties of the generating company - Generation and environment - Ultra Mega Power Project - Private Participation
Unit VI: 4 lecture hours Regulations related to Power Transmission - Central Transmission Utility - State Transmission Utilities - National Load Dispatch - Regional Load Dispatch Centers - State Load Dispatch Centers - Private Participation
Unit VII: 4 lecture hours Regulations related to Power Distribution - Distribution license - Duty to supply on request - Electricity supply code - Private participation
Unit VIII: 4 lecture hours Regulations related to Power Trading - Trading in electricity - Private Participation - License to trade - trading margin
Unit IX: 5 lecture hours Relevant Standards and Codes - Technical/commercial codes - Connection Code - Operating Code - Scheduling and Dispatch Code - Compliance Requirements
Unit X: 4 lecture hours Technical Bodies
- Central Regulatory commission role and functions - State Regulatory commission role and functions
- Regional Power Committee - Central Electricity Authority
Unit XI: 4 lecture hours Privatization - Tariff/Other Charges and Open Access
- Competitive Bidding - Types of Tariff: Nominal Tariff, Discounted Tariff and Levelised Tariff - Tariff determination - Various charges - Open access - Abuse of dominant position
Unit XII: 4 lecture hours Regulations related to Power Renewable Energy - Electricity Act - CERC (Terms and Conditions for Tariff determination from Renewable Energy Sources) Regulations, 2017 - Open Access - Renewable Purchase Obligations - Central Policy, Schemes and Guidelines - Some State level Policy, Schemes and Guidelines
Unit XIII: 3 lecture hours Power Purchase Agreement and Power Exchange
- Power Purchase Agreement - Power Exchange
Text Books:
Energy law and Policy” by Parag Diwan , AC.Kher, Pentagon energy press, First edition 2009 (hereinafter Book 1) MDSO -812D Power Pricing & Power purchase agreements (hereinafter Book 2) Power point presentations made at class. Handouts as and when made
Reference Books:
“Governing Power” by S.L.Rao, The energy and resources institute, TERI press 2004 “Regulations in practice” by Anjali Garg, Vikas Gaba, J.L.Bajaj, The energy and resources institute, TERI press 2008 “Report on India’s Power sector” by Economic India info services Academic foundation AF 2003 “Indian Power sector Challenges and Responses” by R.V. Shahi ,EXCEL BOOKS 2005 Power Primer “A Non-Technical Guide Generation To End Use” by Anne Chambers 1999
Journals/Business Magazines:
Power Today www.powertoday.in/magazine Powerline: Indiainfrastucture.com
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination
Examination Scheme: Components Internal Examination Mid-term written End term written Examination Exam Weightage (%) 30% 20% 50%
Internal Assessment: Marks 100 converted to 30 (shall be done based on the following 5 components): The continuous evaluation tools employed are:
10. Quiz/Class Test/ Snap Test (20% weightage) 11. Assignments/Court Room Exercise/ Research Paper/Case analysis (20% weightage) 12. Project Work Presentation (20% weightage) 13. Subject Grand Viva (20% weightage) 14. Attendance (20% weightage)
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs Mapped Course Outcomes (COs) Programme Outcomes The students will have clarity of concepts with respect to the regulatory regime governing the power sector, i.e., generation, PO1, PO3, CO1 transmission and distribution, including the tariff regime PO5 governing the above;
The students will be able to understand the contractual regime governing power sector, i.e., power purchase agreement, its PO1, PO3, CO2 compliance and inter-relation with the regulatory bodies; PO5
The students will be have an understanding of power trading and power exchange, and should be able to apply its knowledge CO3 PO5 in the job market;
The students will be able to critically analyse the laws governing the power sector, need of the sector and the judicial PO3, PO4, CO4 approach to the power sector, its interpretation and PO5 implementation; and
The students will have an integrated understanding of the PO3, PO5, CO5 power and related sector, renewable and conventional energy. PO5
-economic and n their professional career.
effectively apply their learnings to practical apply their effectively legal business/market. practical energy learnings to in issues -legal perspective.-legal
will demonstrate conceptualStudents knowledge areas of emphasis in law with on laws core relating vectors. energy to will demonstrate conceptualStudents understanding of business/market, socioenergy techno will Students willbe demonstrate desirableStudents qualitiesenergy to employable sectorthe in be future and ready. will show sustainableStudents towards developmentsensitivity i Course Course Title PO1 PO2 PO3 PO4 PO5 Code Regulatory LLBL Framework 3 2 3 3 3 504 for Power Sector
1=weakly mapped 2= moderately mapped 3=strongly mapped
Graduate attributes, UPES School of Law
9. Knowledge of concepts of law with comparative understanding of legal systems 10. Interdisciplinary knowledge of law and related fields/domains 11. Application of law to problem situations employing logical, analytical and decision making skills 12. Effective law professional skills pertinent to law such as oral and written communication, legal research, rationalization, critical- thinking, planning and organizing 13. Specialist law professional having insight of practices, issues and challenges 14. Ethical, moral and social responsibility 15. Influencing skills such as commitment, leadership, team building and networking 16. Life-long Learning skills
Model Question Paper
Name: Enrolment No:
Course: Regulatory Framework of Power Sector, CLEL 4002 Programme: B.A.,L.L.B. (Energy Hones) Semester: Odd- 2017 Time: 03 hrs. Max. Marks:100
Instructions: Attempt all questions from Section A (each carrying 2 marks); any all Questions from Section B (each carrying 4 marks), all questions for Section C (each carrying 5 marks) and all questions for Section D (carrying 25 marks). Section A (Answer all questions)
1. What is electricity? What are the different sources of conventional and non-conventional [2] CO1 electricity? 2. What do you understand by generation, transmission and distribution of power? [2] CO1 3. What would qualify as Ultra Mega Power Project? [2] CO1 4. What is the objective of National Electricity Policy? [2] CO1 5 What is the Foreign Direct Investment limit on generation, transmission, distribution of power, CO1 & trading and power exchange? [2] CO2
SECTION B (Answer all) 4. What are the functions of National Load Despatch Center, Regional Load Despatch Center and [4] CO1, State Load Despatch Center? CO2
5. What are the functions of Central Transmission Utility and State Transmission Utility, and why CO1, are they considered to be the backbone of the electricity sector? [4] CO2
6. What is captive power plant? How does the Government intend to utilize the concept? CO1, [4] CO2 7, What is Cross Subsidy Surcharge and Additional Surcharge? What are the concerns with such CO1, [4] surcharges? CO2 8. What are the duties of a generating company, transmission and distribution licensee? CO1, [4] CO2 SECTION C (Answer all) 7. What are the important features of Bankable Power Purchase Agreements? [5] CO2
Generation of electricity: Competition and Regulatory issues, critically analyse. [5] CO4, 8. CO5 9. Trading in power: Who all can trade in power and how open is the market? Critically analyse. [5] CO4, CO5 10. Challenges in implementation of open access, critically analyse [5] CO4, CO5 SECTION C (Answer all)
11. The National Tariff Policy provides for “balancing the requirement of attracting adequate [25] CO1, investments to the sector and that of ensuring reasonability of user charges for the consumers is CO2, the critical challenge for the regulatory process”. CO4, a) What is availability based tariff (ABT)? Has ABT managed to balance the CO5 interest of the investor and the consumer? b) Under the Tariff Policy, how does the Government propose to encourage generation? c) What is Renewable Purchase Obligation? How does the Government propose to enforce such RPO obligation? d) How does the Tariff Policy encourage the development of transmission and distribution utilities? e) How does the Tariff Policy encourage competition, and at the same time protect the marginalized section of the society?
12 The Government of India to encourage production of electricity has come up with many policies. [25] CO1, In view of the existing government policies, A wishes to start a hydropower plant in Uttaranchal CO2, as there is enough river flowing. CO4, a) What all approvals are required to start a hydropower plant under law? Explain CO5 b) How would the existing policies benefit A? Discuss the benefits allowed under various policies. c) A wishes to use part of the power generated from the project for its own consumption. Will this qualify the plant as captive power plant? Explain d) With respect to the remaining power produced, A proposes to sale the same directly to an industry situated on the other end of Uttaranchal. Is this possible? If so, what charges and access would A need to procure and pay for? e) The State Load Despatch Center (SLDC) in Uttaranchal has warned A for not maintaining the scheduled power supply that it has provided to the SLDC. Why is it important? What action can SLDC take against A if it fails to maintain the scheduled flow of power?
Course Objectives The course objectives are: (a)To illustrate all important health, safety and environment issues related to industrial operations and (b) To understand the important requirements of environmental aspects in energy sector
Course Outcomes CLEL4003 Health Safety and Environmental Challenges L T P C On completion of this course, in Energy Sector the students will be able to Version 1.0 2 1 0 2 Pre-requisites/Exposure Basic knowledge of environment C40031. Understand future energy scenario in India and Co-requisites -- the available alternative energy resources in India. C40032. List mandatory regulatory requirement applicable in the area of health safety & environment pertaining to petroleum operations. C40033. Familiar with different risk groups in industry & ways to control it by risk assessment. C40034. Understand Process Safety Management and how to integrate it in industry. C40035. Aware of different sources of air and noise pollution in energy sector and ways to combat it. C40036. Conduct Environmental management system (EMS) Environmental Impact assessment (EIA) C40037. Plan disaster management system.
Catalog Description Health, Safety & Environment Management plays a key role in the management of energy sector and its operations. There are a large number of International, as well as National regulations which need to be adhered to when managing the operations of energy sector. These regulations pertain to Health, Safety, Environment and Security requirements in the petroleum organization. HSE, and especially the Environment, plays a major role in any organization, and more so in petroleum /hydrocarbon installation as it is a very high risk industry. More and more oil companies and other stake holders – the community and the public – are paying greater interest to HSE issues. Understanding the basics of HSE and the regulatory regime is essential for the successful management of petroleum installation. The purpose of this course is to enlighten the students about the various aspects of HSE. There are various aspects to managing health, safety and environmental issues while operating in the petroleum / hydrocarbon industry and knowledge about these is very crucial while dealing with this industry.
Course Content
Unit I: 01lecture HSE Challenges: General introduction, energy overview ,energy scenario, supply options , Bridging the gap of supply and demand Unit II: 02lecture Regulatory agencies related to HSE aspects: Introduction ,Regulatory /Statutory agencies, Important Regulations -Petroleum Act, 1934, The Indian Explosive Act, The Factories Act, 1948,Environmental Legislation, The Indian Boiler Act, 1923, The Indian Electricity Act, 1910, Dock workers (Safety, Health and welfare) 1986, Motor Vehicle Act,1988, OISD, Regulatory Compliances, Limitations of Regulatory agencies Unit III: 05lecture Occupational Health and Safety: Introduction, Importance of occupational health and safety, Identifying safety and health hazards Hazards : Hazards ,Risks &Outcome ,Hazards Assessment, Measure of risk ,Individual Risk ,Societal Risk, Risk Assessment ,Objective of risk assessment, common workplace hazard in energy sector, future developments, process safety management, safety and working
environment, Ergonomics, Issues in occupational safety and health pertaining to industries ,Occupational injuries, Occupational Diseases Unit IV: 02 lecture HSE challenges in oil and gas sector: Introduction, Air pollution in oil and gas industry , Noise pollution in oil and gas industry and Oil spills. Unit V: 03lecture Integrated HSE Management systems: Need for HSE mgt ,HSE policy, HSE organization, Custodianship/Ownership, Plans and procedures ,safety related procedures, Environment related procedures, Occupational health related procedures, Fire protection related procedure Basic safety rules Unit VI: 02 lecture Permit to work system: Introduction , Types of permits , elements of a typical work permit, permit procedure, HSE management training program and its validation, Accident reporting and Investigation , health safety and environmental audits. Unit VII: 05 lecture Environmental management systems: Introduction, Benefits of EMS, Key Principles of EMS, Current standards in India ,ISO 14000 standards on EMS , ISO 14001 registration, Environmental impact assessment. Unit VIII: 02 lecture Environmental Impact Assessment (EIA): Types of EIA, Steps of EIA, Methods for conducting EIA for energy sector and Environmental management plan
Unit IX: 02lecture Major Emergency/Disaster Management Plan: Introduction, objectives of EMP , emergency /disaster scenarios, Categorization of emergencies, elements of emergency plan, mock drills, mutual Aids , Emergency Inventories.
Text Books 1 Text Book of Safety & Environmental Management by R.K Jain Sunil S. Rao
Reference Books 1. Introduction to environmental engineering & science (Master, G.M) 2. Environmental science (Wright Richard ,T) 3. Environmental engineering handbook (Liu, DavidH.F) 4. Fundamental of air pollution (Raju, B.S.N) 5. Renewable energy sources and their environmental impact (Abbasi, S.A) 6. Environmental Studies (H. Kaur) 7. OISD Standards 8. The storage & handling of petroleum liquid, John. R.Huges 9. Encyclopedia On Occupational Health, Dr. Luigi 10. Emergency Response & Hazardous Chemical Management, Clyde. B, Strong,M.S 11. Safety & Environmental Management , Daniel E. Della – Giustina , International Thomson Publishing 12. Chemical Process Safety Fundamental with Application, Daniel A. Crowl, Prentice Hall PTR
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Internal MSE ESE Assessment Weightage (%) 30 20 50
Relationship between the Course Outcomes (COs) and Program Outcomes (POs) Mapping between COs and POs
Course Outcomes (COs) Mapped Programme Outcomes
Mapping of Understand future energy scenario in India and the course outcomes C4003.1 available alternative energy resources in India. PO9 with program outcomes Table: List mandatory regulatory requirement applicable in the Correlation of POs v/s area of health safety & environment pertaining to COs C4003.2 PO1,PO2,PO3 petroleum operations.
Familiar with different risk groups in industry & ways C4003.3 to control it by risk assessment. PO5
Understand Process Safety Management and how to C4003.4 integrate it in industry. PO5
Aware of different sources of air and noise pollution in C4003.5 energy sector and ways to combat it. PO4,PO9
Conduct Environmental management system (EMS) C4003.6 Environmental Impact assessment (EIA) PO6
Plan disaster management system. C4003.7 PO8
POs/Cos PO PO PO PO PO PO PO PO PO 1 2 3 4 5 6 7 8 9
CO1 2
CO2 2 2 2
CO3 2
CO4 2
CO5 2 2
CO6 2
CO7 2
1. WEAK 2. MODERATE 3. STRONG
Course Course Title PO5 Code PO1 PO2 PO3 PO4 PO6 PO7 PO8 PO9
HSE MBEF- Challenges 2 2 2 2 2 2 - 2 2 932 in Energy Sector
1=Weakly mapped s2= Moderately mapped 3=Strongly mapped
CLCC 5001 Competition Law L T P C Version 1.0 24 0 0 4 Pre-requisites/Exposure Law and economics interface Co-requisites Understanding of functioning of businesses – Company Law
Course Objectives 1. To enable the students to explain the nuances of business and economics of competition laws. 2. To enable the students to define the concepts in competition law and policy. 3. To enable the students to solve problems involving competition law 4. To enable the students to explain the regulatory framework of competition law enforcement in India.
Course Outcomes After the completion of the course the students would be able to
C5001.1. Define the concepts of enterprise, cartel, abuse of dominance and anticompetitive agreements. C5001.2. Enumerate the objectives of competition law C5001.3. Define and explain the prohibited anti-competitive agreements per se and as per rule of reason C5001.4. Differentiate between horizontal and vertical agreements C5001.5. Explain the process of regulation of combination by CCI C5001.6 Elaborate the regulatory framework of competition law enforcement in India C5001.7 Explain the rationale for doing competition law audit.
Course Content
MODULE I: INTRODUCTION TO COMPETITION LAW
Introduction Role of economics in competition law History and Evolution of Competition Law Scope of Competition Law Objectives of Competition Law
MODULE II: KEY COMPETITION ACT SECTIONS
Important Aspects of the Competition Act, 2002 Anti-Competitive Agreements Abuse of Dominant Position Prohibition of Abuse of Dominant Position Combination Regulation of Combinations
MODULE III: REGULATORY FRAMEWORK
Establishment, composition, powers, duties and functions Distribution of business amongst commission and benches Jurisdiction of benches and procedure for adjudication Penalties for offences under the Competition Act, 2002.
MODULE IV: COMPETITION LAW AUDIT
Various Compliances under Competition Act, 2002 Issues in the corporate world Horizontal/Vertical Monopoly
SUGGESTED READINGS:
TEXT BOOKS: Competition Law in India, 3rd Edition, T Ramappa, Oxford University Press; Richard Whish, Competition Law, 7th Edition, OUP, Oxford, 2012; Alison Jones & Brenda Sufrin, EU Competition Law, 4th Edition, OUP, Oxford, 2011; and
REFERENCE BOOKS Taxmann’s Competition Law and Practice by D.P. Mittal, 3rd Edition; Taxmann’s Guide to Competition Laws manual.
BACKGROUND READING It is not indispensable to read the textbook ahead of the session, but it may be helpful to get an idea of the main issues. Try to focus on the cases and the legislative documents. You are advised to read the handout given in class in detail ahead of session.
WEB SOURCES http://www.cci.gov.in/
Evaluation Scheme: Continuous Evaluation
Description Marks Schedule
1. Internal Examination 30 % Detailed below
2. Mid Semester Exams 20 % Refer Academic Calendar
3. End Semester Exam 50 % Refer Academic Calendar
Internal Assessment: 100 Marks (shall be done based on the following five components):
Description Weightage Schedule
Continuous Assessment 30% Detailed Below
S. no. Particulars Weightage A One snap tests 10 Marks (01 X10 Marks) B Assignment 20 Marks C Project work 30 Marks (Abstract, Synopsis, final draft and viva) D Subject grand viva 20 Marks E Attendance 20 Marks
Five components will be used for internal assessment for this course (Total 100 marks), the details of each component is as follows:
e) Class Test: There will be a class test which may be a surprise test. Test will carry 10% weightage. f) Class Participation: Students will be marked on the basis of their participation in class discussion, ability to answer on random basis. It will have 20% weightage. g) Project work: Each student will be asked to prepare a topic from the Project List attached as Annexure-II herewith and finally prepare a project. Students are encouraged to write research papers and publish them. It will have 30% weightage. h) Viva: A viva of the whole syllabus and the project will be conducted towards the end of the semester. It will have 20% weightage.
i) Attendance: It has 20% weightage. Formula for award of marks on attendance shall be as under:
67-75 % 0 Marks 76-80% 5 Marks 81-85% 10 Marks 86-90% 15 Marks 91%-100% 20 Marks
Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of two hour duration and shall be a combination of objective, short, analytical and problem based questions.
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have objective, short, analytical and problem based questions.
Passing Criterion: minimum 40% of the highest marks in the class
Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in the subject (in that class/group class)” individually in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in the paper.
Attendance
Students are required to have minimum attendance of 75% in the subject. Students with less than said percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100% attendance would be given 5% bonus marks for internal assessment.
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 5001.1 3 3 3 - 3 2 3 3 3 - 5001.2 3 3 3 1 3 1 3 2 2 - 5001.3 3 3 3 2 3 2 3 3 3 - 5001.4 3 3 3 - 3 2 3 3 3 - 5001.5 3 3 3 - 3 2 3 2 2 - 5001.6 3 3 3 1 3 2 3 3 3 - 5001.7 3 3 2
1=weakly mapped, 2= moderately mapped and 3=strongly mapped
Model Question Paper
End Semester Examination, May 2018
Program: Semester: Subject (Course): Competition Law Max. Marks : 100 Course Code: CLCC 5001 Duration : 3 Hrs No. of page/s
Section A-Objective type/True & False/Short Answer type questions Attempt All (2 marks each= 10 marks)
2. Committee which led to the formation of Competition Act, 2002 in India ……………………………
3. Who is not part of the selection committee for Chairperson and Members of CCI? a) The Chief Justice of India or his nominee b) The Secretary, Ministry of Corporate Affairs c) The Secretary, Ministry of Commerce d) The Secretary, Ministry of Law and Justice
4. …………………… includes any agreement restricting in any manner the purchaser in the course of his trade from acquiring or otherwise dealing in any goods other than those of the seller or any other person.
5. Definition of ‘enterprise’ in section 2(h) of the Competition Act does not include any activity of the Government relatable to the sovereign functions of the Government including all activities carried on by the departments of the Central Government dealing with …………………, …………………., ……………………., and …………………….
6. The CCI shall take suitable measures for promotion of competition advocacy, creating awareness and imparting training about competition issues under:
e) Section 49 (1) f) Section 49 (3) g) Section 18 a) None of the above
Section B-Short answer type question (20 marks) 7. Write short notes on any two: (5marks * 2= 10 marks) e) Prisoner’s Dilemma f) Leniency Program g) Network Effect h) Gun Jumping.
8. Elaborate the concept of ‘Essential Facilities Doctrine’. (5 marks)
9. What do you understand by the concept of Competition Law Audit, what is its relevance. (5 marks)
Section C- Conceptual type questions Attempt any two (10marks * 2 = 20 marks) 10. Discuss the potential concerns in the application of the Competition Act, 2002 with respect to Big Data. (10 marks)
11. A Gas Distributor insists his customers to buy a gas stove as a condition to the gas connection. Is it a tie-up sale? Give reasons and refer to the relevant case-law(s). (10 marks)
12. Explain the metamorphosis from MRTP Act, 1969 to Competition Act, 2002. (10 marks)
Section D-Application Based Case Study (50 marks)
13. PICObello is a renowned brand of Mobile Cover having a design registration of its cover with the Competent Authority in Delhi. It has a market share of approximately 65% in the relevant geographic market of Dehradun. The rest of the market is catered by some local brands except the major competitor being a multinational new entrant MicroMITO. Entry of MicroMITO has caused reduction in market share of PICObello to an extend of 5%. PICObello has launched a scheme of loyalty discounts wherein it is offering 40% discount on its products to the distributors who agree to purchase all its supplies from PICObello. MicroMITO is seeking an advice to proceed under the Competition Act 2002. Advise MicroMITO as to the applicable law and possible options under the competition law of India.
(15 Marks)
14. Micromax Informatics Ltd. (Micromax) alleged that Ericsson had abused its dominant position in the market for GSM technology by: Demanding excessive royalty based on the sale value of the entire phone instead of the value of the patented technology used in the phone
Filing of injunction and threatening to report Micromax’s failure to pay royalty to Securities Exchange Board of India, prior to its listing The foremost objection raised by Ericsson was the lack of jurisdiction of CCI because the issue of abuse of patent rights must be resolved under the Patents Act.
Comment upon the aforesaid issue drawing the interface of IP with Competition Law.
(15 Marks)
15. The Competition Commission of India (CCI) is currently examining the Indian leg of the mega merger between Bayer and Monsanto. The proposed acquisition of Monsanto’s entire shareholding by Bayer globally, which brings together two global giants in the seeds and agro-chemical markets, is currently also being examined in US and EU. There is opposition amongst the antitrust experts and economists for justifiable reasons, which need to be discussed publically in India. CCI has invited public comments on the merger on January 7, 2018.
What is your opinion on this merger? What would be the parameters for examining this merger by CCI and how this would be different in US and EU? Discuss in detail.
(20 Marks)
CLCC 4008 Information Technology Law L T P C
Version 1.0 4 0 0 4
Pre-requisites/Exposure Criminal Law, Contract Law, Constitutional Law
Co-requisites --
Course Objectives
1. To give an understanding of the regulatory framework and role of legislative policy and regulation in the Information Technology law and its enforcement. 2. Identify the emerging trends in Cyber Law like e-Commerce, e-Governance, E-Contract and e-Signature etc. 3. To Introduce the students to electronic contracts and associated issues. 4. To introduce the students to the concept of offences and civil wrongs in the cyber world. 5. Understand the response of Judiciary towards Cybercrimes with the analysis of case laws. 6. Analyze challenges of Cyber law to Indian jurisprudence and to create awareness about the newly emerging kinds of cybercrimes with their solution. 7. To introduce the students to protection of intellectual property in the cyber world.
Course Outcomes
On completion of this course, the students will be able to
C4008.1 Comprehend the basic architectural and technical features of computers and the Internet from a legal point of view C4008.2 Apply the concepts of IT Act to problems of the real world C4008.3 Use the defined offences under the IT Act to analyze factual problems C4008.4 Relate IT law with trade-marks, copyright and patents in cyberspace and IT infrastructure
Catalog Description
In the last years of the 20th century a phenomenon has been witnessed which has changed the shape of human civilization. This is the explosion which has taken place in electronics and as a result of which there has been infinite expansion of knowledge that is commonly described as information explosion. Information and Communication Technology is fast, schematic, futuristic and it explores itself into all walks of human life. It’s role in industry, commerce and everyday life is undeniable and very extensive. When dispute arises in the sphere of Information Technology, it can be resolved only in physical court system but with the application of technicalities of Cyber law. Only a lawyer specializing in the cases of Cyber Law can prove their points with powerful arguments. Information Technology Law firms tend to hire lawyers with practical experience working in the industry prior to their appointment in the legal profession. With
such a background, a lawyer is more effective at explaining technical concepts to a judge or jury, and he or she will likely have contacts within the industry that make finding consultants and expert witnesses less difficult. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.
Course Content
Unit I: 12 lecture hours Technology of computers, Cyberspace: the Conceptual Framework, Preliminary – Chapter 1, IT Act, Digital and electronic signature – Chapter 2, IT Act, Electronic governance – Chapter 3, IT Act, Secure Electronic Records And Secure Electronic Signatures – Chapter 5, IT Act
Unit II: 12 lecture hours Penalties, Compensation and Adjudication – Chapter 9, IT Act, IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules), 2011, Cyber Appellate Tribunal – Chapter 10, IT Act, Cyber crimes: actus reus & mens rea in internet crimes, nature, characteristics, classification challenges, Offences – Chapter 11, IT Act, Jurisdiction in Cyberspace, Freedom of Speech and Internet, Information Technology (Procedure And Safeguards For Interception, Monitoring And Decryption Of Information) Rules, 2009, Information Technology (Procedure And Safeguards For Blocking For Access Of Information By Public) Rules, 2009, Online privacy and surveillance, Information Technology (Procedure And Safeguard For Monitoring And Collecting Traffic Data Or Information) Rules, 2009, Aadhar, Information Technology (Intermediaries guidelines) Rules, 2011, Intermediary liability Miscelleneous – Chapter 13, IT Act
Unit III: 12 lecture hours Attribution, acknowledgment and dispatch of electronic records – Chapter 4, IT Act, Electronic contracts – various principles and issues
Unit IV: 12 lecture hours IPR and Information Technology, Evidence and Information Technology, IPC and Information Technology
Text Books 12. “Cyber law : Law of information technology and internet” by Anirudh Rastogi, Lexis Nexis 13. “Commentary on Information Technology Act” by Apar Gupta, Lexis Nexis Butterworths, Wadhwa (2nd Edn.) 14. “Computers, Internet and New Technology Laws” by Karnika Seth, Lexis Nexis Butterworths, Wadhwa (2nd Edn.)
Reference Books 1. “Introduction to Information Technology Law Paperback”, David Bainbridge 2007 2. Chris Reed, Internet Law: Text and Materials (2004) – ‘The Internet as a distributed environment’ (Chapter 1) 3. Jack Goldsmith and Tim Wu, Who Controls the Internet? (2006) – ‘How Governments Rule the Net’ (Chapter 5) 4. Andrew Murray, Information Technology Law (OUP, 2010), Chapter 9 ‘Software’
Modes of Evaluation: Class Test/Reflection Paper/ Project/ Viva/ Attendance Examination Scheme:
Components MSE Presentation/Assignment/ etc ESE Weightage (%) 20 30 50
Internal Examination: Quiz/Class Research Research Project Attendance Total Test/ Snap Article Project Presentation 100 Name Test Marks 20% 20% 20% 20% 20% weightage weightage weightage weightage weightage
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3 C4008.1 2 1 - 2 1 - - - - - C4008.2 2 3 2 2 2 - - - - - C4008.3 2 3 2 2 2 - - - - - C4008.4 2 3 2 2 2 - - - - - C4008 2 3 2 2 2 - - - - -
1=weakly mapped 2= moderately mapped 3=strongly mapped
Model Question Paper
Name: Enrolment No:
Course: CLCC 4008 – Information Technology: Law Programme: BALLB (Hons.) (Energy Lawa) Semester: EVEN-2017-18 Time: 03 hrs. Max. Marks:100
Section A ( attempt any two)
1. Fill in the Blanks i. Under section 79A of the Information Technology Act, Central Government is to notify an ______for the purposes of providing expert opinion [2] CO2 on electronic form evidence before any court. ii. Over the internet, computer splits the information into discrete ______, each addressed to the receiving computer. 2. State True or False and explain your answer i. All Electronic Signatures are Digital Signatures but not all Digital Signatures are Electronic Signatures [4] CO2 ii. If an agreement has been entered into by email, it must be a valid contract in all circumstances.
3. Very short answer type question (2-3 sentences) i. What are algorithms? ii. What is cryptography? [4] CO2 iii. What is the similarity between fingers, stones, abacus and a computer? iv. Explain coding in layman language.
SECTION B 4. What are the issues with admissibility of electronic evidence in India? Explain while [10] CO3 briefly charting out the legislation and the judicial decisions in this regard. 5. What is the role of a Controller of Certifying Authorities? Why is the presence of this body important? Discuss with the help of legal provisions to the extent relevant. [10] CO2
SECTION C 7. Critically analyze the judgment of the Court in Shreya Singhal v. Union of India [10] CO3
8. Critically analyze the legal import of Section 66E of the IT Act (Punishment for violation [10] CO3 of privacy), Section 354C of Indian Penal Code (Voyeurism) and Section 354D of Indian Penal Code (Stalking). Highlight the overlaps, their possible resolution, gaps and excesses in the legal provisions. SECTION D
9. Abhishek reads in the local newspaper that villagers have reported a UFO sighting around [20+15] CO3 Mussourie and that it landed near a lake. However, no more news came of this. Being highly curious to find out whether any of this was true (and being good at computers), Abhishek accesses the servers hosting the internal documents of the Government of India. On accessing, he learns that the Government officials had indeed recovered evidence of such landing, but the Government had marked the documents submitted by local authorities as confidential.
Unhappy with Government’s secrecy in this issue, Abhishek sends a small program file across that allows him to copy the documents from Government’s server and then, he puts them as publicly available documents on various social media website. However, while
he is extracting the documents from the website, the website shuts down for other users including the government authorities and several other files on the Government’s server become corrupt.
Later, as the links shared by him go viral, panic strikes the common public and riots break out across India, fearing alien invasion. It takes more than a month before normalcy is restored in the public life, that too after substantial loss to life and property.
Explain the following: i. Legality or illegality of Abhishek’s conduct and the possible legal consequences, either civil or criminal. Use legal provisions to identify the legality or illegality of the conduct.
ii. Outlines of legal procedure to be adopted, identifying the parties concerned, the forums for action and the potential remedies.
Manav loves making money. He is even ready to defraud others to make money. He [15] CO3 therefore takes aliases (fake names) and contacts vulnerable individuals over the internet, e-mail, Whatsapp etc. and makes fake business proposals. In the process, he sometimes also cites fabricated Aadhaar numbers as proof of his identity. He has successfully duped several business of money. However, he is eventually identified and arrested on complaints made by the defrauded businessmen. Explain what offences have been committed, using relevant legal provisions.
CLCC 5003 Professional Ethics, Accountancy for L T P C Lawyers & Bar Bench Relations Version 1.0 4 0 0 4
Pre-requisites/Exposure International Law, Constitutional Law
Co-requisites Human Rights Law
Course Objectives 4. The significance and general principles of professional ethics 5. The legal history of India and United States of America with respect to professional ethics. 6. Various Indian laws pertaining to professional ethics. 7. The judicial developments in the field of professional ethics. 8. Linkage between history, legal and judicial developments. 9. Working with survivors of sexual assault and gender sensitization Course Outcomes
On completion of this course, the students will be able to C5003.1 Advocates have the dual responsibility of upholding the interests of the client fearlessly while conducting themselves as officers of the court. Accordingly, they are expected to adhere to the highest standards of probity and honour. An advocate’s conduct should reflect their privileged position in society, which derives from the nobility of this profession. The service of an advocate to the common man should be compassionate, moral and lawful.
C5003.2 Indian Legal System can write up the next big success story in professional legal education and consequently higher efficiency in Justice Delivery System if it succeeds in facilitating high professional skills, building up of human resource with proper integration of knowledge to match the growing world standard.
C5003.3 Provisions of various Indian laws and relevant cases.
C5003.4 Developments in the United States.
Catalog Description
This is a uniquely designed course wherein students understand professional ethics and role of lawyers in society from the lens of constitutionalism and constitutional morality. This court absorbs comparative constitutional rights, legal history, philosophy and cinema. The course views law from the perspective of a common man, lawyer as well as a marginalized community in order to determine that law acts as tool for social change. The classroom activities will be designed to encourage students to play an active role in the construction of their knowledge and in the design of their learning strategies. Class participation is a fundamental aspect of this course. Thus, the traditional lectures will be combined with other active teaching methodologies, such as group discussions, cooperative group solving problems and debates. Interactive approach will be followed during the course of learning where students will be expected to come prepared for the topics for discussion in the class/ case studies/ presentations/ viva-voce, etc. The main tools of teaching may include Lectures, popular culture, Question and Answer Sessions, Case Law Analysis, Assignments Simulation Exercises, etc.
Course Content
5. Module I: Legal History of India (10 hours) Changes brought by the Mughals Advent of the British & consequent changes Legal Practitioners Act 1879 Indian Bar Councils Act, 1926 The Indian Advocates Act 1961 Pratap Chandra Mehta vs State Bar Council of M.P. Adi Pherozshah Gandhi vs H. M. Seervai, Advocate-General Bar Council of Maharashtra vs M. V. Dabholkar Etc. 6. Module II : Legal History of the United States of America (12 hours) Colonial Period Post civil war period Industrial revolution Absence of women in the legal profession Feminism & law Use of popular culture to explore Feminism & law: Adam’s Rib Race & law
Media, superstardom, race & law: The trial of O.J. Simpson Jury system 7. Module III : Contempt of Courts Act 1971 (12 hours) Civil contempt Criminal Contempt Punishment for contempt Supreme Court Bar Association vs Union of India & Anr Noorali Babul Thanewala v. K.M.M. Shetty, AIR 1990 S.C. 464 Pritam Lal v. High Court of M.P. 1992 Cr.L.J. 1269 Dr. D.C. Saxena v. Hon'ble The C.J.I., J.T. 1996(6) S.C. 529 Amar Bahadurising v. P.D. Wasnik and others. 1994 Cri.L.J 1359 Tarun Bharat Sangh Alwar v. Union of India and others. 1993 Cri.L.J. 50 B.A. Rather and another v. H.K. Dua and other. 1994 Cri.L.J. 3414 8. Module IV : Ethics (14 hours) Attorney-client confidentiality Sections 126- 129 of Indian Evidence Act Bar Council of India Rules Memon Hajee Haroon Mohomed v. Abdul Karim [1878] 3 Bom. 91 Kalikumar Pal v. RajkumarPal 1931 (58) Cal 1379 Satish Kumar Sharma v. Bar Council of Himachal Pradesh (AIR 2001 SC 509) Gender sensitization & dealing with survivors of sexual assault US law: Federal Rule of Civil Procedure 26(b)(5) Rule 501 of the Federal Rules of Evidence (2005) United States v. Schwimmer, 892 F.2d 237, 243 (2d Cir. 1989) The Crime-Fraud Exception: Clark v. United States, 289 U.S. 1, 15 (1933) Confidentiality in powerful murder cases: Movie: The Client Disclosure of confidential information Conduct of attorney
Text Books
1. Saadiya Suleman, Professional Ethics & Advertising by Lawyers, Universal Law Publishing - An imprint of LexisNexis (2014) 2. Model Rules of Professional Conduct, ABA, Centre for Professional Responsibility, Available at: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_profess ional_conduct/model_rules_of_professional_conduct_table_of_contents.html
Reference Books
1. End-of-life notice: American Legal Ethics Library, available at: https://www.law.cornell.edu/ethics/ny/code/NY_CODE.HTM
2. Aulis Aarnio, ‘Lawyers' Professional Ethics—Do They Exist?’, Ratio Juris, Volume 14, Issue 1, March 2001, Pages 1–9 3. Sandra Fredman, ‘Discrimination Law’, OUP (2011) 4. Catharine MacKinnon, ‘Sex Equality’, University Casebook Series (2001)
Modes of Evaluation:
Components Internal Mid-term written End term Examination Examination written Exam
Weightage (%) 30% 20% 50%
Internal Examination:
Components Quiz/Class Assignment/ Project Subject Attendance Total Test/ Snap Case Work Grand 100 Test Comment Court Viva Marks Room Exercise
Weightage 20% 20% 20% 20% 20% (%) weightage weightage weightage weightage weightage
Test I -10 Report / Viva /PPT Test II-10
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C5003.1 3 3 3 - 3 2 3 3 3 -
C5003.2 3 3 3 1 3 1 3 2 2 -
C5003.3 3 3 3 2 3 2 3 3 3 -
C5003.4 3 3 3 - 3 2 3 3 3 -
1=weekly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: CLCC5003- Professional Ethics, Accountancy for lawyers & Bar Bench Relation Programme: B.A.,LL.B. (Hons.) Energy Law
Semester: X
Time: 03 hrs. Max. Marks:100
Instructions:
Attempt all questions from Section A (each carrying 02 mark); both questions from Section B (each carrying 10 marks), both Questions from Section C (each carrying 10 marks), and both questions from Section D(50 marks), each carrying 25 marks..
SECTION A (Answer all questions)
Mark true/false for the following statements:
1. Bar Council of India Rules govern code of conduct of advocates. [02]
2. In the USA, during Industrial Revolution era, women were active participants in the legal [02] profession.
3. OJ Simpson was accused of killing only Nicole Simpson. [02]
4. In Re Arundhati Roy pertains to civil contempt. [02]
5. Adam’s Rib can be critiqued on the basis of the 14th Amendment to the United States [02] Constitution.
SECTION B
6. Discuss the legal history of India. [10]
7. Discuss the trial of OJ Simpson in light of racial and gender discrimination and [10] superstardom.
SECTION C
8. In the context of racial inequality, discuss ‘To Kill a Mockingbird’. Compare the racial [10] inequality in the USA with the marginalisation of women, backward castes, disabled, transgenders, religious minorities that is present in India. What issues would you face if you were to take a case of the aforementioned disadvantaged sections of population?
9. Explain the attorney-client confidentiality in US law. [10]
SECTION D (50 marks)
10 Following the Supreme Court’s ruling in Suresh Kumar Koushal vs. Naz Foundation, an [25] openly gay journalist named Mr. A writes an article in The Indian Express vehemently criticising the judgment and the position and attitude of the Supreme Court towards homosexuals. Relevant portions of his article are:
“Supreme Court via its nonsensical judgment makes a mockery of the right to love. The Supreme Court of India only knows the right to hate the homosexual community. The ruling further marginalises the LGBT community.” Suo moto contempt proceedings take place against Mr. A and The Indian Express in the Supreme Court. Neither Mr. A nor The Indian Express have apologised to
the Supreme Court for their remarks. In the meantime, Naz Foundation files a review petition in the Supreme Court. a) List down the arguments for Mr. A and The Indian Express. (15 marks) b) What should be the judicial opinion of the Supreme Court? (10 marks) Relevant legal provisions:
The Constitution Of India 1949
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression
(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
Contempt of Court Act, 1971
2. Definitions. In this Act, unless the context otherwise requires,
(c) criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial
proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner
3. Innocent publication and distribution of matter not contempt.
(1) A person shall not be guilty of contempt of court on the ground that he has published (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending.
(2) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, the publication of any such matter as is mentioned in sub-section (1) in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court.
(3) A person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such matter as is mentioned in sub- section (1), if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid:
Provided that this sub-section shall not apply in respect of the distribution of:
(i) any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the Press and Registration of Books Act, 1867 (25 of 1867); (ii) any publication which is a newspaper published otherwise than in conformity with the rules contained in Section 5 of the said Act
4. Fair and accurate report of judicial proceeding not contempt.
Subject to the provisions contained in Section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof.
5. Fair criticism of judicial act no contempt.
A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.
7. Publication of information relating to proceeding in chambers or in camera not contempt except in certain cases.
(1) Notwithstanding anything contained in this Act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say,
(a) where the publication is contrary to the provisions of any enactment for the time being in force;
(b) where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published;
(c) where the court sits in chambers or in camera for reason connected with public order or the security of the State, the publication of information relating to those proceedings;
(d) where the information relates to a secret process, discovery or invention which is an issue in the proceedings.
(2) Without prejudice to the provisions contained in sub-section (1), a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof grounds of public policy, or for reasons connected with public order or the security of the State, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.
12. Punishment for contempt of court.
(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.
Explanation. An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide.
(2) Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any contempt either in respect of itself or of a court subordinate to it.
(3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit.
(4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person:
Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(5) Notwithstanding anything contained in sub-section (4), where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer.
Explanation. For the purpose of sub-sections (4) and (5):
(a) ‘company’ means any body corporate and includes a firm or other association of individuals; and
(b) ‘director’, in relation to a firm, means a partner in the firm.
13. Contempts not punishable in certain cases.
Notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence under this Act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice.
14. Procedure where contempt is in the face of the Supreme Court or a High Court. (1) When it is alleged, or appears to the Supreme Court or the High Court upon it own view, that a person has been guilty of contempt committed in its presence or hearing, the court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall:
(a) cause him to be informed in writing of the contempt with which he is charged;
(b) afford him an opportunity to make his defence to the charge;
(c) after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge; and
(d) make such order for the punishment or discharged of such person as may be just.
(2) Notwithstanding anything contained in sub-section (1), where a person charged with contempt under that sub-section applies, whether orally or in writing, to have the charge against him tried by some Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been
committed, and the court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the Chief Justice for such directions as he may think fit to issue as respects the trial thereof.
(3) Notwithstanding anything contained in any other law, in any trial of a person charged with contempt under sub-section (1) which is held, in pursuance of a direction given under sub-section (2), by a Judge other than the Judge or Judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the Judge or Judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the Chief Justice under sub-section (2) shall be treated as evidence in the case.
(4) Pending the determination of the charge, the court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify:
Provided further that the court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.
11 Critically analyse Kalikumar Pal v. Rajkumar Pal 1931 (58) Cal 1379. (25 marks) [25]
Relevant legal provisions: Section 126 in The Indian Evidence Act, 1872 126. Professional communications.—No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to
state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure— (1) Any such communication made in furtherance of any illegal purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, pleader, attorney or vakil was or was not directed to such fact by or on behalf of his client. Explanation.—The obligation stated in this section continues after the employment has ceased.
L T P C CLCC4002 Private International Law Version 1.0 4 0 0 4
Pre-requisites/Exposure --
Co-requisites --
Course Objectives
1. To make the student understand the dynamics of Private International Law 2. To engage in today’s PIL debate in India and reflection of international law 3. To understand the dilemmas of PIL in India 4. To provide further tools for understanding PIL
Course Outcomes
On completion of this course, the students will be able to
C4002.1 Analyze and critically evaluate the underlying policies and theories.
C4002.2 Explain the principles and rules applied by Indian courts to foreign judgments.
C4002.3 Explain the principles relevant to recognition and enforcement of foreign judgments.
C4002.4 Explain the choice of law process.
C4002.5 Demonstrate intellectual and creative skills to research, interpret and synthesize relevant legal matters.
Catalog Description
Private International Law an integral part of International Laws. International Laws deals with State, non- States and their relations with each other. In this course, the focus will be on understanding the relation among different domestic laws and the basic principles that define these laws. Classroom activities will be designed to encourage students to play an active role in the construction of their own knowledge and in the design of their own learning strategies. We will combine traditional lectures with other active teaching methodologies, such as group discussions, cooperative group solving problems, analysis of video scenes and debates. Class participation is a fundamental aspect of this course. Students will be encouraged to
actively take part in all group activities and to give an oral group presentation. Students will be expected to interact with media resources, such as, web sites, videos, DVDs, and newspapers etc.
Course Content
Unit I: 6 hours Introduction - Definition Difference between Public and Private International Law Historical purview Theories Foreign element/ foreign judgment/ foreign law
Unit II: 14 hours Choice of Jurisdiction Kinds of Jurisdiction – Rem and Personam (Conventional) and Contemporary Admiralty Action CPC provisions – 15- 20, 10, 83, 84, 86 and 151
Unit III: 16 hours Choice of Law – Lex Causae Classification/ Characterization/ Categorization Necessity Theories Connecting Factor Renvoi Exclusion of Foreign law – Public policy, revenue and Penal law
Unit IV: 6 hours Domicile General Principles Elements – Intention and Residence Kinds – Origin, Choice, Dependence Domicile of Corporations
Unit V: 6 hours Marriage Kinds As a Contract Capacity Format and Essential Validity Marital Relief
Divorce Nullity Judicial Separation Law of Legitimacy and Legitimation Adoption Purpose of Adoption Indian law Foreign adoption Custody and Guardianship
Text Books
1. North and Fawcett, Cheshire and North’s Private International Law, 13th ed., Butterworths: New Delhi, 1999
Reference Books 2. Abla Mayss, Principles of Conflict of Laws, 3rd ed. Cavendish Publishing Ltd., U.K., 1999 3. John O’Brien, Smith’s Conflict of Laws, Cavendish Publishing Ltd., U.K., 1999 4. Nandan Kamath, Law Relating to Computers Internet and e-commerce, Universal Law Publishing, New Delhi, 2001 5. Paras Diwan and Peeyushi Diwan, Private International Law, 9th ed., Deep and Deep Publications, Delhi, 1998
Modes of Evaluation: Quiz/Assignment/ presentation/ extempore/ Written Examination Examination Scheme:
Components Projects/Viva/Presentation/Attendance MSE ESE
Weightage (%) 30 20 50
CO PO1 PO2 PO3 PO4 PO5 PO6 PO7 PSO1 PSO2 PSO3
C4002.1 3 3 3 - 3 2 3 3 3 -
C4002.2 3 3 3 1 3 1 3 2 2 -
C4002.3 3 3 3 2 3 2 3 3 3 -
C4002.4 3 3 3 - 3 2 3 3 3 -
C4002.5 3 3 3 - 3 2 3 2 2 -
1=weakly mapped
2= moderately mapped
3=strongly mapped
Model Question Paper
Name:
Enrolment No:
Course: CLCC4002 Private International Law Programme: B.A.,LL.B., LL.B. (HONS.) Energy Law Semester: X
Time: 03 hrs. Max. Marks:100
Instructions:
Section A
1. What is proper law of the contract? [1]
2. Define habitual residence. [1]
3. What is the difference formal validity and essential validity? [1]
4. What is the difference between right in rem and right in personam? [1]
5. What is express choice of law? [1]
SECTION B
6. What do you understand by local law theory? [10]
7. What are the various sources of Private International Law? [10]
SECTION C
8. What is the difference between ‘implied choice of law’ and ‘no choice of law’? Explain [10] with help of case laws.
9. Why does a country recognize a judgement of another state? Explain the jurisprudence [10] behind it.
SECTION D
Abba owns a piece of land in Spain. Bane agrees to buy it. During the negotiation of the contract, they are domiciled in England and Portugal respectively. They agree to conclude the contact on land, in Spain for sentimental reasons. While the contract is being signed, Abba’s wife Mambo falls in love with Bane and decides to leave her first husband. The divorce petition is filed by Mambo in Spain immediately. Abba sues Bane in England for fraud and pleads the court to invalidate the contract. According to these facts, answer following questions:
10. What is the domicile of Mambo? How do you determine domicile? How is domicile [10] difference from habitual residence?
11. What is the proper law of the contract in this case? How is proper law of contract different [10] in English law from Rome I regulation?
12. Can the court of Spain refuse jurisdiction? Justify. [10]
13. Does the court in England have jurisdiction? Justify. [10]
14. Draft an exclusive choice of court clause, so that a problem like above does not arise for [5] Bane.
15. What are the factors that need to be taken into account before drafting a jurisdiction and [5] choice of law clause?