Syllabus LL M in Commercial Law 2 1 Syllabus Mumbai University by munotes
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AC – 06/04/2023
Item No. – 8.4(N)
University of Mumbai
Syllabus for
LLM (Commercial Law)
Semester – (I to IV)
(Choice Based Credit System)
(Introduced from the academic year 2023-24)
Page 4
University of Mumbai
O: 6873 Title of Course LL. M (COMMERCIAL LAW)
O: 6874 Eligibility
1. Eligibility Criteria for Admission:
The minimum qualification for a candidate of general category for seeking
admission to the LL.M (Commercial Law) degree course is a LL.B degree of
this University or a LL. B. degree recognized as equivalent thereto of any other
recognized University.
N.B.: The students who have passed LL.B. degree from other than Mumbai
University are required to obtain Provisional Statement of Eligibility
Certifi cate from Eligibility Section Babasaheb Ambedkar Bhavan,
Santacruz (E.), Vidyanagari, Mumbai – 400 098.
They are further required to pay the amount in UMLA or Thane sub
campus as a fee for procedural Document Verification as prescribed by
this University f rom time to time for confirmation of the validity of their
certificates of their previous University and confirmation of Eligibility to
their LL.M. (Commercial Law) Course.
2. Rules Relating to Admission :
There shall be Entrance Examination for all students seeking LL.M
(Commercial Law) Admission in University of Mumbai Law Academy/ Thane
sub campus.
The minimum qualification for a candidate of general category making an
application to the LL.M (Commercial Law) Degree course of this University or
LL.B. degree recognized as equivalent thereto.
An application for admission to the LL.M (Commercial Law) degree course
must be made in the prescribed form and be submitted to the University of
Mumbai Law Academy within the prescribed time, immediately after the
declaration of the results of the LL.B. degree examination of this University
held in first half of every year.
Admission forms for the LL.M. (Commercial Law) degree course shall be
referred to the Admission Committee comprising of the Director, teac hers from
the UMLA, Thane sub campus, and the recognized post-graduate teachers of the
University / affiliated colleges to fix the criteria of admission.
The students selected for admission to LL.M. (Commercial Law) degree course
shall register themselves with University of Mumbai as the Post -graduate
students.
Students will not be permitted to pursue the LL.M. (Commercial Law) degree
course simultaneously with any other course of this or any other recognized
University.
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Admission of the students shall be made in accordance with the marks
scored in the LL.M. entrance exam and marks secured at LL.B degree.
Admission to the LL.M. degree course shall be made for the entire academic
year, i.e. for both the First and Second Semesters at the beginning of the
academic year at one time.
Admission for the students of Backward Classes shall be in accordance with the
Maharashtra Government Policy. Stude nts applying for admission under the
reserved category other than SC/ST are required to submit non -creamy -layer
certificate along with their application form.
Students applying for admission for other reservation will be admitted as per the
Maharashtra government policy from time to time.
N.B.: Students are required to submit all the documents required for
Scholarship/Free ship within one month of their admission to the course failing
which their application for Scholarship/Free ship will be rejected wi thout any
intimation.
R: 9697 Duration of Course
2 YEARS
R: 9698 Intake Capacity 70 STUDENTS
R: 9699 Scheme of
Examination A. SCHEME OF EXAMINATION:
The performance of the learners shall be evaluated into two parts.
The learner’s performance shall be assessed by Internal Assessment
with 40% marks in the first part.
By conducting the Semester End Examinations with 60% marks in the
second part.
This is regular course and the students will not be allowed to give
examinations unless he/she secures 75% attendance for each
semester if not otherwise exempted according to the University
Rule with this regard.
The allocation of marks for the Internal Assessment and Semester End
Examinations are as shown below: -
i. Internal assessment: 20 Marks (20%)
Sr.
No Evaluation type
(Foundation Course) (20 marks) Marks
1 ONE ASSIGNMENT / LONG TERM
RESEARCH PAPER / CASE
STUDY/ PROJECT 10
2 VIVA - VOCE (COMPULSORY ) 05
3 ATTENDANCE AND CLASS
INTER -ACTION 05
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4 TOTAL MARKS 20
ii. Internal assessment: 40Marks (40%)
Sr.
No Evaluation type
(Elective Course) (40 marks) Marks
1 ONE ASSIGNMENT / LONG TERM
RESEARCH PAPER / CASE STUDY/
PROJECT 20
2 VIVA - VOCE (COMPULSORY ) 10
3 ATTENDANCE AND CLASS INTER -
ACTION 10
4 TOTAL MARKS 40
Internal assessment: 40Marks (40%)
Sr. no
Semester Evaluation Type
(Research Courses)
Marks
semester – I Selection and submission of
research proposal
40
semester – II Progress report
(Literature review and
data collection
40
semester – III Progress report
20
Semester – III PGLA (POST GRADUATE APPLIED COURSE)
MARKING SCHEME
SR.
NO
Evaluation Component MARKING
SCHEME
1.
Classroom teaching Seminar /
presentations
20 marks
2.
Soft skill assignments
20 marks
3.
Seminar, Conferences, Workshop,
Legal writing, Lok Adalat
20 marks
4.
Field visit and report writing
20 marks
Total
80 marks
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Semester - IV Dissertation & 200
Viva voce 50
External Theory examination: 60 Marks
Duration –2 Hours for each paper.
There shall be 04 questions each of 15 marks.
All question shall be compulsory with internal choice in each
question.
Questions may be sub divided into subjective
questions - a,b,c…and the allocation of marks
depend on the weight age of the topic.
The LL. M PROGRAMME CONTENTS
04 Foundation Courses (Compulsory)
05 Research Courses
05 Core Courses (Specialization)
03 Elective Courses (Specialization)
01 Applied Course
R: 9700 Standards of Passing
Internal and External examinations
a. The Internal and External examinations will have equal
weightage of 50% each.
b. A Student has to obtain 50% marks in both examinations of
Internal and External with minimum passing of 40% in both of these
examinations separ ately.
c. A student cannot register for third semester, if he/she fails to
complete any 6 papers consisting of 24 credits, out of total 8 papers of
first and second semester consisting of 32 credits in total.
d. The external examination answer papers shall be evaluated by
Central Assessment Program.
e. There shall be a revaluation of the answer scripts of External
examination but not of internal examination.
f. The (PGLA) is applied course:
There will be internal assessment only. University
Examination will not be co nducted for the same.
g). Research Courses: University Examination will
not tbe conducted for the research courses.
Evaluation will be based on the basis of submission of
proposal – (semester – I), progress report (semester II
& Semester – III)
Internal Assessment as per Ordinance
a. While marks are given for all internal and external examinations
for a maximum number of (40 marks internal and 60 marks external)
each, they will be converted into grades by University.
b. Semester end grade sheets will have only grades & final grade
sheet and transcripts shall have grade points average and total percentage
of marks.
c. The final grade sheets will also indicate the P.G. Centre to which
the candidate belongs .
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Internal marks remain unchanged and internal assessment cannot
be repeated.
a. If student remains absent during internal assessment
examination, he/she will have second chance with the permission of the
competent authority. It will be under the discretion of the competent
authority and inte rnal departmental assessment committee. In case
he/she wants to repeat Internal, he/she can do so only by registering for
the said courses.
b. External Examination for the 60% marks will be conducted by
the University of Mumbai.
c. The External examination program will be scheduled as per the
notifications and guidelines issued by the Examination section of
University of Mumbai.
d. Internal assessment for each course would be continuous and
dates for each Internal exam will be pre -notified.
e. The P. G. Department / College Internal Assessment Committee
will coordinate this activity.
f. It is a continuous evaluation process. The Internal marks will be
evaluated on the basis of the following i.e. attendance, punctuality,
practical skills, and oral skills etc. on the parameters indicated.
g. Assessment of internal work will be conducted before
conducting External examination.
Semester wise Evaluation :
The first semester consists of four courses; there will be internal and
external examination for all the four courses.
Semester
wise Number
of
courses Number
of
Credits Internal
Marks External
Marks Total
Marks
Semester
– I 02
Foundation
01
Research 04 +04 20+20 60+60 80+80
04 40 - 40
01 Core 06 40 60 100
01 elective 06 40 60 100
Total 05 24 200 200 400
Semester
– II 02
Foundation 04 +04 20+20 60+60 80 +80
01Research 04 40 - 40
01 core
01 elective 06
06 40
40 60
60 100
100
Total 05 24 200 200 400
Page 9
Semeste
r wise Number
of
courses Number
of
Credits Internal
Marks External
Marks Total
Marks
Semeste
r – III 02 core
01
Research 06 +06
02 40+40
20 60+60
- 100+100
20
01Applied 04 20 60 80
01 elective 06 40 60 100
TOTAL 05 24 140 260 400
Semeste
r
IV 01
foundation
01 Core 04
06 20
40 60
60 80
100
Dissertatio
n and viva
voce 14 ---- ----- 200 marks
dissertation
50 marks
viva
TOTAL 24 60 120 430
TOTAL
SEMESTER – I = 400
SEMESTER – II = 400
SEMESTER – III = 400
SEMESTER – IV = 430
Total = 1630
Total = 96 credits.
All the Internal Assessment written test papers/assignments will be duly
checked.
A teacher may propose any other means towards Internal
Assessment that may suit for a particular course and the same
can be continued only after the approval of the P.G.
Departmental Committee of the University constituted for that
purpose.
If a student fa ils to gain the credits of any course (declared F
grade in that course) then the student can reattempt the course
with internal assessment (if the course is conducted in that
semester) and External Examination both or with External
Examination only (if one has scored 20 marks in Internal
assessment) in the subsequent External Examination (max. two
such attempts) within a period of 4 years from the date of
admission for the first semester.
Page 10
Assessment and Grade point average
In case a student fails to earn the minimum number of credits required
for obtaining a degree within the stipulated period of 4 years, then such a
student will be declared INCOMPLETE EXIT and in such a case the
student can seek a fresh admission as per the admission rules p revailing
at that time.
ATKT RULES
A student cannot register for third/fourth semester, if he/she fails
to complete six courses consisting of 24 % credits of total eight
papers consist of 32 credits and he/ she is expected ordinarily to
complete within tw o semesters.
Grades will be awarded from grade point average (GPA) of the
credits.
The system of evaluation will be as follows :
a. Each internal assessment and External
Examination will be evaluated in terms of marks. The marks for internal
assessment and External Examination will be added together and then
converted into a grade and later a grade point average.
b. Results will be declared for each semester.
c. After the gain of minimum number of credits towards a Completion of
a PG program, a student will get a grade sheet with total grades earned
and a grade point average.
Evaluation System on the basis of Credit based award Pattern:
The academic performance of a student during a semester shall be
graded on a Ten -point scale. The grade awarded to a student shall
depend on his/her performance in external and internal examinations.
The academic performance of a student during a semester and at the end
of the program, shall be evaluated on the basis of:
(i) Grade Point (GP) obtained in each subject;
(ii) Semester Grade Point Average (SGPA); and
iii. Cumulative Grade Point Average (CGPA)
At the end of each semester examination, a student shall be awarded a
Semester Grade Point Average (SGPA).
A Cumulative Grade Point Average (CGPA) shall be awarded to each
student at the end of Final Semester of the Program.
The details regarding method of calculating SGPA& CGPA is
explained in para 10.
Award of Grade Letter, Grade Points, Credit Points, SGPA, CGPA:
(a) Award of Grade Letter and Grade Points:
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Each course/paper shall be valued in a 10-point grading system. The
letter grades and their equivalent grade points are listed below.
Range of % of Marks Grade Letter Grade Point
91 to 100 O - Outstanding 10
81 to 90 A+ - Excellent 9
71 to 80 A - Very Good 8
55 to 70 B+ - Good 7
51 to 54 B - Average 6
50 P - Pass 5
Less than 50 F - Fail 0
Absent Ab (Absent) 0
(b) Calculation of Credit Points: - Credit Points for the course =
(No. of Credits assigned for the course x Grade Point secured for that
course.)
(c) Semester Grade Point Average (SGPA): - SGPA indicates the
performance of a student in a given Semester. SGPA is based on the
total credit points earned by the student in all the courses and the total
number of credits assigned to the courses/papers in a Semester.
SGPA = Total Credit Points in the Semester
Total Number of Credits for the Semester
OR
SGPA (Si) = Σ(Ci x Gi) / Σ Ci where Ci is the number of credits of the
course and Gi is the grade point scored by the student in the course.
(d) Cumulative Grade Point Average (CGPA): CGPA refers to the
Cumulative Grade Point Average weighted across all the semesters.
CGPA = Total Credit Points Obtained in all Semesters
Total Credits of all Semesters
OR
CGPA = Σ (Ci x Si) / Σ Ci where Si is the SGPA of the semester and
Ci is the total number of credits in that semester. The SGPA and CGPA
shall be rounded off to 2 decimal points and reported in the transcripts.
11. Standard of Passing the Semester Examinations : In order to
qualify in a particular examination, a candidate shall have secured at
least 50% of marks taken together of University Assessment (UA) and
College Assessment (CA) in each and every theory/
Practical/Dissertation prescribe d for a particular semester.
12. Award of the Degree : A student will be eligible for the award of
the Degree of Master of Laws (LL.M) (Commercial Law) with his
chosen specialization/s, after he has successfully completed all the four
semesters.
Page 12
No. of years/Semesters: Two Years/Sem – IV
Level: Post-Graduation (P.G.)
Pattern: Semester
Status: New
To be implemented from
Academic Year : 2022 – 2023
Signature: Signature:
Chairman of Board of Studies Dean Faculty of Interdisciplinary Studies
2023 -24
Page 13
LL.M. (Commercial Law)
Master of Law is a post-Graduation (2 years) program of University of Mumbai conducted at
following two campuses:
1. University of Mumbai Law Academy, Shankar Rao Chavan Building, Santacruz (E) (Kalina
Campus)
2. The School of Law, Behind Runwal Garden City, Balkum Pada, Thane West, Thane,
Maharashtra 400608 (Thane Sub Campus)
Aims and Objectives of the Program
The implementation of choice -based credit -based curriculum would enable students to develop a
strong analytical, evaluative understanding in the fundamentals of specialized disciplines.
The students pursuing this course shall gain understanding of varied National and International
Legal Perspective.
The LL.M. Program is intended to produc e Academicians and Lawyers with competence
and expertise, as it is imperative that the students should have an in -depth knowledge of
advance Principles and Dynamics of Law.
The LL.M. (Commercial Law) is structured to prepare students for various facets of
successful corporate practice by providing an excellent academic platform for those who
have embarked upon a legal career with intent to specialize in the area of Commercial
Laws.
Learning Outcomes
The specialization provides students with ample opportunit y to engage with the key
theoretical debates of corporate law and related areas of law, like Banking and Finance,
Insurance, Intellectual Property Rights, E -Commerce and Competition Laws. This course
aims to bridge the gaps between the various disciplines and skills required by the modern
business professional.
The generic electives are structured to enable a holistic understanding of the corporate
world, when seen through the prism of theory and practice of varied laws.
The elective courses are designed to address the contemporary challenges arising from the
unique dynamics of the current corporate environment, where business intersects with
Cyber Law and Modern Dispute Resolution Systems. LL.M. Commercial Law program
will prepare the student for a career i n global business by providing insights on the
complexities of transnational business interactions.
The Program is of two years duration. Each academic year is divided into 2 semesters (Odd
and Even).
Each semester consists of 90 working days which extends over a period of 18 weeks. The
semester pattern is designed with continuous assessment system.
Page 14
LL.M (Commercial Law)
SUBJECTS IN SEMESTERS -
SEMESTER – I
SEMESTER II
Courses Course
Code Name of the Course / Subject Credits Total
Marks
UA/ CA
Foundation
03 PGL F02 Indian Constitutional Law: New
Challenges 4
Credits 80 Marks
(60 +
20)
Foundation 03
Research Course
03 PGLF03
PGLR 03 Legal Theory
Progress Report -
Literature Review and Data Collection 4 Credits
4Credits 80 Marks
(60 + 20)
40 Marks
Core 02
PGLC02 International Trade Law and
Development 6
Credits 100
Marks
(60 + 40)
Elective 02 PGLE02A
PGLE02B Laws Regulating Electronic Commerce
and Cyber Security
OR
Banking Laws
(Student can select Any One paper) 6
Credits 100
Marks
(60 + 40)
Total 24 400 Courses Course
Code Name of the Course / Subject Credits Total
Marks
UA/ CA
Foundation 01 PGLF01 Law and Social Transformation in
India 4
Credits 80 Marks
(60 +20)
Research
course 01
Research
Course 02 PGLR01
PGLR 02 Legal Research and Methodology
Selection and Preparation of Research
Proposal 4 Credits
4Credits 100 Marks
(60 + 20)
40 marks
(120 Marks)
Core 01 PGLC0
1 Legal Framework of Corporate
Management and Financial Regulations
in India 6
Credits 100 Marks
(60 + 40)
Elective 01 PGLE01A
PGLE01B Laws Regulating Economic Enterprises in
India
OR
Law of Industrial and Intellectual Property
Rights
(Student can select Any One paper) 6
Credits 100 Marks
(60 + 40)
Total 24 Credits 400 Marks
Page 15
SEMESTER III
Courses Course
Code Name of the Course / Subject Credits Total
Marks
UA/ CA
Core 03 PGLC 03 Law of Taxation 6 Credits 100 Marks
(60 + 40)
Core 04 PGLC 04 Competition Law 6 Credits 100 Marks
(60 + 40)
Applied Course
Research Course
04 PGLA
PGLR 04 Practical Training: Skill Enhancement
Research Progress Report 4 Credits
2 Credits 80 Marks
20 Marks
Elective 03 PGLE03A
PGLE03B Consumer Protection Laws
OR
International Dispute Resolution
Mechanism
(Student can select Any One paper) 6 credits 100 Marks
(60 + 40)
Total 24 400
SEMESTER IV
Courses Course
Code Name of the Course / Subject Credits Total Marks
UA/ CA
Foundation 04 PGLF 04 Judicial Process 4 credits 80
(60+ 20)
Core 05 PGLC 05 Insurance Law 6 credits 100
Research 05 PGLR 05 Dissertation (200)
Viva voce (50) 14 credits 250 Marks
Total 24 430 Marks
Grand Total 96 Credits 1630 Marks
Schemes of teaching of the courses shall be as indicated under Appendix – 1 appended with this
Direction.
The Course Code shall be referred as follows
PG-Post Graduate, L- Law, C- Core, F-Foundation, E- Elective, A- Applied
PGLF; PGLC; PGLE; PGLR; PGLA
Credits distribution over types of courses with %
Foundation
courses
4 courses Research
Courses
5 courses Core courses
5 courses Elective
Courses
3 courses Applied
course
1 course Total
29
Page 16
(4 credits each)
PGLF 01 to 04 (4+4+4+2+14)
PGLR 01 to 05 (6 credits
each)
PGLC 01 to
05 (6 credits
each)
PGLE 01 to 03
PGLA
29
16 credits 28 credits 30 credits 18 credits 4 credits 96
credits
16.6% 29.2% 31.3% 18.8% 4.2% 100%
Appendix -1
Schemes of teaching under semester pattern Choice Based Credit System (CBCS) for LL.M.
Program (Commercial Law)
SEMESTER I
PGLF01 Foundation 01: Law and Social Transformation in India (4 Credits)
Objective
Optimal utilization of knowledge of legislative reforms towards the service of our society
To study the social problems of society and find their solution
To have a legally tenable approach towards social problems
Content
Module I: Interrelationship between Law and Social Change
1. Law: Historical Growth and Development
2. Law: Instrument of Social Change
3. Law: The Product of Traditions and Culture
4. Law: Equality Principle
Module II: Language and the Law:
1. Constitutional Provisions
2. Protection of Linguistic Minorities
3. Recent Judicial Trend
Module III: Women, Children and the Law
1. Jurisprudential Dimensions of Gender Injustice and its various forms
2. Crimes against women & remedial measures
3. Empowerment of women: Constitutional and other legal provisions
4. Child Labour and Sexual exploitation
5. Provisions related to adoption
6. Children and education
Module IV: Contemporary issues and the Law
1. Agrarian Reform – Industrialization of agriculture
2. Industrial Reform: Free enterprise v. State regulation (Sustainable Development)
3. Prison Reforms
4. Reform of Court Processes (Alternative Dispute Resolution Methods)
5. Criminal law: Plea bargaining; compounding and payment of compensation to victims.
6. Naxalite movement: causes and cure
Page 17
Outcome
Legal awareness augmentation towards the society.
Suggestions to the law makers for enacting the law accordingly.
Implementation of the suggested laws through appropriate mechanism.
Recommended Books
P. Ishwara Bhat, Law and Social Transformation, EBC, (2012)
Oliver Mendelsohn, Law and Social Transformation in India, Oxford University Press, (2014)
Agnes Flavia, Law and Gender Inequality: The Politics of Women’s Rights in India, Oxford
University Press, (1999)
Duncan Derret, The State, Religion and Law in India, Oxford University Press, New Delhi, (1999)
D. D. Basu, Shorter Constitution of India, Prentice Hall of India, (P) Ltd., New Delhi, (1999)
J. B. Kripalani, Gandhi: His Life and Thought, Ministry of Information and Broadcasting,
Government of India, (1970)
Robert F. Meagher, Indian Law Institute, Law and Social Change: Indo-American Reflections, N.
M. Tripathi (1988)
M. P. Jain, Outlines of Indian Legal History, Tripathi, Bombay, (1993)
Marc Galanter (ed.), Law and Society in Modern India, Oxford, (1997)
Robert Lingat, The classical Law of India, Oxford, (1998)
Manushi, A journal about women and society (bi-monthly journal)
Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour, Armol Publications, Delhi,
(2000)
Savitri Gunase Khare, Children, Law and Justice, Vikas Publications, New Delhi, (1982)
U. Baxi (ed.), Law and Poverty Critical Essays, Tripathi, Bombay, (1988)
PGLR01 Research 01: Legal Research and Methodology: Selection and Preparation of
Research Proposal (4 Credits)
Objective
The main objective of this course is to acquaint the students of Law with the method of social
science research.
To develop research skills to analyze the facts and theoretical framework with exposure to its
operational viability
This course is expected to provide the knowledge of technique of selection, collection and
interpretation of primary and secondary data in socio –legal research.
To enhance the analytical and critical thinking of the student.
Content
Module -I: Nature and Scope
1. Meaning and Objective of Legal Research.
2. Socio -Legal Research, Interdisciplinary Research
3. 1.3. Doctrinal and Non-Doctrinal Methods of Research
Module -II: Research Design
1. Research Problem - Definition, Determination, Sources of Data.
2. Hypothesis - Meaning and Definition, Characteristics, Formulation and Testing of Hypothesis
3. Essential Steps of Research Design
Page 18
Module -III: Research Methods Tools and Techniques
1. Observation
2. Interview and Schedule
3. Questionnaire
4. Data Processing , Induction & Deduction
5. Sampling, scaling of data
6. Socio and Legal Survey
7. Case study method
Module -IV: Legal Writing
1. Classification and Tabulation of Data
2. Analysis and Interpretation of Data
3. Use of Statistical Methods and Computers in Legal Research
4. Reporting and Method of Citations
5. Ethics in Research
6. Book Review
Selection and Preparation of Research Proposal for semester IV Dissertation
1. The respective faculties are required to guide students for selecting research topic.
2. The students are required to submit the literature review to the guiding teachers.
3. At the end of semester, the students should submit their progress report to the guiding teacher in
the paper of legal research and methodology
Outcome
With this course, the students will learn skills and techniques to carry out research in the area of law.
Students will be equipped to carry out quick, comprehensive and focused research in the evolving
jurisdictions.
It will develop the scientific approach of students towards socio - legal issues.
Recom mended Books
Erwin C. Surrency, B. Fieff and J. Crea, A Guide to Legal Research, Oceana Publications, (1959)
H.M. Hyman, Interviewing in Social Research, Cambridge University Press, (1954)
Payne, The Art of Asking Questions, Princeton University Press, (1965)
Hugh Brayne, Nigel Duncan, and Richard Grimes, Clinical legal Education: Active Learning In
Your Law School, Blackstone Press Limited, (1998)
M.O. Price, H. Bitner and Shirley Raissi Bysiewicz, Effective Legal Research, Little Brown and
Company, (1978)
Morris L. Cohan and Kent C. Olson, Legal Research in Nutshell, West Academic Publishing; 12th
Edition (2016)
N.R. Madhava Menon, A Handbook of Clinical Legal Education, Eastern Book Company,
(1998)
Pauline V. Young, Scientific Social Survey and Research: An Introduction To The
Background, Content, Methods And Analysis Of Social Studies, Prentice Hall (1949)
S.K. Agrawal, Legal Education in India, N.M. Tripathi, Bombay, (1973)
Legal Research Methods Teaching Material Prepared by: Prof (Dr) Khushal Vibhute & Filipos
Aynalem Prepared under the Sponsorship of the Justice and Legal System Research Institute.
https://chilot.files.wordpress.com
Page 19
PGLR 02: Selection and Preparation of Research Proposal (4 credits)
Objective
To guide and assist students for selecting research topic.
Assisting students for framing research topic and preparing research proposal.
Content
Module I: Guidance to students for selection of research topic
Module II: Guidance to students for literature review and drafting of research proposal and submission
of progress report by the students at the end of first semester
Outcome
To enable students to prepare and frame a research proposal
To enable students to begin their research work for dissertation which is required to be
submitted in the last semester
PGLC 01 Core 01: Legal Framework of Corporate Management and Financial Regulations in
India (6 Credits)
Objective
This course strives to cover the essential legal framework to strengthen corporate governance
of a corporation.
Equip the students to analyze the principle of corporate management and strategies adopted
by corporate towards achieving their objectives.
Enable the students answer some vital questions regarding the law of corporate management,
governance and legal perspectives pertaining to the same.
Content
Module I: Introduction to Corporate Management
1. Origin and History of Corporate Management and Governance -Evolution of corporate
Governance.
2. Principles of corporate governance -Theories of corporate governance.
3. Globalisation and corporate governance -Correlation between corporate governance and
corporate responsibility.
Module II - Corporate Securities
1. Shareholders -Role of Shareholders -Shareholder Rights -Responsibilities of Shareholders –
Protection to the shareholders.
2. Debentures -Role of Debenture holders - Debenture holders rights -
3. Responsibilities of Debenture holders - Protection to the Debenture holders.
4. Other Stakeholders role, rights and responsibilities -Relationship of Shareholders and Other
Stakeholders -Comparative analysis of Shareholders and Debenture holders.
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Module III: Directors and Key Managerial Personnel, Audit and Investor
Protection
1. Board of Directors -Structure of the Board -Role, Authority and independence of the Board -
Difference between Board and Management.
2. Role of Directors -Types of Directors -Managerial remuneration.
3. Duties, Rights of Directors -Fiduciary responsibilities -Role of the board in Shareholders
protection through disclosure and transparency.
4. The Audit Committee and corporate governance -Defining Audit and Auditors -Significance of
accounting and auditing for governance.
5. Objectives of an Audit -Types of Audit -Types of Auditors.
6. Roles Duties, & Responsibilities of Auditors -Responsibilities of the Audit Firm - Role of
institutional investors -Investor’s Problems and Protection -Classification of Investor Protection -
Impact of Investor Protection
Module IV: Transparency, Disclosures & Communication
1. Defining Disclosure and Transparency -Effective Tools for Disclosure.
2. Role of Financial Institutions -Significance of Memorandum and Articles of Association.
3. Significance of timely and accurate disclosure -Extent of disclosure.
Module V: Legal Framework of Financial Regulations In India
1. Securities and Exchange Board of India Act, 1992.
2. Corporate Governance in Securities (Contracts and Regulations) Act, 1956 (SCRA).
3. The Depositories Act 1996.
4. Non-banking financial institution (NBFI) or non-bank financial
5. company (NBFC)
6. SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market)
Regulations, 2003 [Last amended on September 6, 2013]
7. Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements)
(Amendment) Regulations, 2022
Module VI: International Legal Framework of Corporate Governance
1. Organisation for Economic Co-operation and Development (OECD) and BIS Principles -
Implementation and pitfalls.
2. International environment to Improve Corporate Governance - The US Sarbanes -Oxley Act of
2002 (SOX) – Overview of Dodd -Frank Wall Street Reform and Consumer Protection Act
2010 with respect to corporate governance - The Cadbury Report (1992) – Overview of The
UK Corporate Responsibili ty Act 2002.
3. Salient Features of UK Corporate Governance Code 2018
Outcome
Understand the principles and concepts of corporate management law that governs various
commercial transactions.
Equip the students to analyse the principle of corporate management and strategies
adopted by corporate towards achieving their objectives.
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Grasp a knowledge of the Institutions and stakeholders that play a major role in corporate
structuring.
Refine their understanding of shareholder rights, audit committee, investor funds, its
composition and responsibilities. Adhere to sound principles of corporate governance.
Recommended Books
V. Balachandran, V. Chandrasekaran, Corporate Governance, Ethics and Social Responsibility,
PHL Learning, 2nd ed., (2011)
Sharma J. P., Corporate governance and social responsibility of business, Ane Books Pvt. Ltd.,
New Delhi, (2019)
A.C. Fernando, Corporate governance – Principles, policies and practices, Pearson, (2009)
Swami (Dr.) Parthasarthy, Corporate governance – Principles, mechanisms and practices,
Biztantra, (2011)
A.C. Fernando, Corporate governance, Pearson, (2018)
Dr. S. N. Ghosh, Law of corporate governance, Thomson Reuters, (2020)
SEBI Manual 3 volumes, Taxman, (2022)
Sandeep Parekh, Fraud, manipulation and insider trading in the Indian securities markets,
Wolters Kluwer India Pvt. Ltd., 3rd ed., (2020)
Kesho Prasad, Corporate Governance, PHI Learning Pvt. Ltd., (2011)
PGLE 01 (Elective -A): Laws Regulating Economic Enterprises in India (6 Credits)
Objective
To educate students on the Economic regulations which have a significant role in establishing
the terms under which investment is made.
To educate and equip students with the regulatory policies, mechanisms for regulating economic
enterprises in India
To educate students on distinctive perspectives of regulatory bodies in India
Content
Module I: Prevention of Money Laundering
1. Economic Theory of Law, Genesis.
2. Prevention of Money Laundering.
3. Obligations of Banks and Financial Institutions.
4. Emerging issues and challenges before the Government. International Response.
Module II: Control of Imports and Export
1. Legislative Control
2. Power of Control: Central Government and 2.3. 2.3. RBI. Foreign Trade Development and
Regulation Act (1992)
3. Law Relating to Customs
4. Prohibition and Penalties
5. Export -Import Formulation: Guiding Features. Foreign Exchange and Currency, Import of
Goods
6. Export Promotion Councils: Export Oriented Units and Export Processing Zone
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Module III: Foreign Exchange Management
1. Foreign Exchange Management Act, 1999.
2. Foreign Direct Investment and abroad
3. Establishment of Branch, office etc. in India. Export of Goods and Services
4. Realization and Repatriation of Foreign Exchange. Foreign Contribution (Regulation) Act, 2010
5. Foreign Contributions and Hospitality. Exemptions
6. Powers of Central Government
Module IV: Industrial Operations and Environmental Challenges
1. Regulation of Hazardous Activity, Mass Disaster and Environmental Degradation: Legal
Liability and Legal Remedies.
2. Public Liability Insurance: Issues in Zoning and Location of Industrial Units.
Module V: EXIM Policy: Changing Dimensions
1. Investment Policy: NRIs, FIIs (Foreign Institutional Investors), FDIs, Joint Venture,
2. Promotion of Foreign Trade Regulation on Investment,
3. Borrowing and Lending of Money and Foreign Currency, Purchase of Securities and Immovable
Property Abroad, Establishment of Business Outside.
4. Investment in Indian Banks.
Module VI: Legal Regulation of Select Public Enterprises for Transport, Mining and
Energy
1. Telecom Regulatory Authority.
2. Insurance Regulatory Authority.
3. Broadcasting Regulatory Authority.
4. Legal Regulation of Multi -Nationals.
5. Collaboration Agreements for Technology Transfer.
6. Development and Regulation of Foreign Investments. Investment
7. in India: FDIs and NRIs
8. Repatriation and Surrender of Foreign Securities,
Outcome
Assist students in their legal profession
Assist students with analytical approach
To be educators, teachers and legal stalwarts, researchers
Recommended Books
Taxmann, Foreign contribution regulation law manual, Taxmann, 1st ed., (2021)
Chandra S. Prasad, Economic laws, regulations and procedures in India, New Century Publications,
(2011)
V.S.Datey, Customs law and foreign trade policy as amended by Finance Act 2022, Tax mann,
(2022)
Virag Gupta, Manual on the Telecom Regulatory Authority of India Act, 1997 with Rules and
Regulations, Tariff order and National Telecom Policy, Commercial Law Publishers (India) Pvt.
Ltd., (2015)
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R.Subhashree and G. Gokul Kishore, Cross -border transactions under tax laws and FEMA,
Taxmann, (2022)
Insurance Regulatory and Development Authority Act, 1999, (2020)
Stephen Jukes, Katy McDonald, Guy Starkey, Understanding Broadcast Journalism, Routledge, 1st
ed,. (2017)
Taxmann, Foreign Exchange Management Manual, Taxmann, 39th ed., (2022)
Industrial Policy Resolutions of 1948, 1956, 1991
Industrial Licensing Policy (1970, 1975)
Industrial Policy Statements (1973, 1977, 1980)
Reports of Committees on Public Undertakings of Parliament
Industries (Development and Regulation) Act, (1951)
U. Baxi and T. Paul, (eds.), Mass disasters and multinational liability, Indian Law Institute, New
Delhi, (1986)
U. Baxi and A. Dhandba, Valiant victims and legal litigation: The Bhopal case, Indian Law Institute,
New Delhi, (1989)
PGLE 01B (Elective -B): Law of Industrial and Intellectual Property Rights (6 Credits)
Objective
The basic objective of the course is to create awareness and educate students on the significant
role of Intellectual property rights.
Introducing students with the theories justifying intellectual property rights
The significant role of treaties in safeguarding the interests of innovators.
Educating students with the contemporary challenges in the area of intellectual property rights.
Content
Module I: Introduction to Intellectual Property Rights (IPR)
1. Concept & Meaning of Intellectual Property
2. Nature and Characteristics of Intellectual Property
3. Origin and Development of Intellectual Property
4. Kinds of Intellectual Property
5. Theories of Intellectual Property
6. Balancing the Protection of IPR and Public Policy Objective
7. Civil and Administrative Procedures and Remedies
Module II: Theories of Intellectual Property Rights (IPR)
1. Natural Theory
2. Hegelian Philosophy (Personality Theory)
3. Lockes’ Theory of Property (Labour Theory)
4. Social Contract Theory
5. Social Planning Theory
6. Incentive Theory
7. Reward Theory
8. Prospect Theory
9. Schumpeterian Theory
10.Economic Theory
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Module III: Biotechnology Patents
1. Nature and Types of Biotechnology Patents
2. Patent over New Forms of Life: TRIPS Obligations,
3. Plant Patenting, sui generis Protection for Plant Varieties (Sikkim Perspective).
4. Multinational Ownership, Regulation of Environment and Health Hazards in Biotechnology
Patents, Indian Policy and Position.
5. European Patent Treaty, Patent Co-operation Treaty (PCT), Special Problems of Proof of
Infringement: Need and Scope of Law Reforms.
Module IV: International Institutions and Basic International Conventions
1. World Trade Organization (WTO)
2. World Intellectual Property Organizations (WIPO)
3. Paris Convention for the Protection of Industrial property, 1883
4. The Berne Convention, 1886
5. TRIPS Agreement, 1994
Module V: Contemporary Issues in Intellectual Property Rights (IPR)
1. Interface between IPR and Human Rights
2. Interface between IPR and Competition Law
3. IPR and sustainable development
4. The Impact of Internet on IPR
5. IPR Issues in Biotechnology
6. Domain Names & Trademark: Cyber Squatting & Reverse Hijacking
7. Copyright and Patent in Digital Medium
Module VI: Enforcement of Intellectual Property Rights (IPR)
1. Civil and Administrative procedures and Remedies
2. Provisional Measures
3. Special Requirements Related to Border measures
4. Dispute Prevention and Settlement. Rules and procedure Governing the Settlement of Disputes
5. Role of intellectual Property in Economic Development
Outcome
Students will be equipped with the intellectual property rights regime.
Students will benefit as researcher, lawyer, academician for meeting the contemporary challenges.
Recommended Books
Helena Howe, and Jonathan Griffiths , Concepts of Property in Intellectual Property Law,
Cambridge University Press, 1st Edition (2013)
Terence, P. Stewart, The GATT Uruguay Round: A Negotiating History ((1986 -1994) The End
Game, Deventer: Kluwer Law and Taxation Publication, (1999)
Iver P. Cooper, Biotechnology And Law, Clark Boardman Callaghan, (1998)
Alexandra George, Globalization and Intellectual Property (The International Library of Essays on
Globalization and Law), Routledge Publication, 1st Edition (2006)
Gustavo Ghidini, Intellectual Property and Competitio n Law: The Innovation Nexus, Edward Elgar
Publishing Ltd, (2006)
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SEMESTER II
PGLF02 Foundation 02: Indian Constitutional Law: New Challenges (4 Credits)
Objective
To develop the insight among students for their commitment to the concepts of Rule of Law and
Social Justice in contemporary Indian society.
To encourage the students to study Indian Constitution as a base of Indian Legal System and to
prepare them to deal with the new challenges arising as per the changing times.
To secure the contribution of the students in order to perpetuate the functioning of Constitution as a
living document for People of India, satisfying the changing needs of the society.
Module I: Fundamental Rights and Directive Principles of State Policy
1. Right to equality and Affirmative Action: Encountering Challenges
2. Freedom of Speech & Expression: Challenges of new scientific development
3. Media Freedom in Digital Age: New Threats, New Challenges
4. Right to Protest & Dissent: The Defies Phase
5. Doctrine of Basic Structure: Constitutional Amendments
6. Directive Principles, Fundamental Rights and Fundamental Duties
Module II: Judicial Interpretation of Rights and Remedies
1. Jurisprudential Interpretation of Rights and Remedies: At Revolutionising Juncture
2. Constitutional Rights and Safeguards for Minorities: The Legal Challenges
3. Rights of minorities to establish and administer educational institutions in the Transforming
Phase
4. Compensatory Jurisprudence: Paving way to Cope up with Challenges
Module III: Secularism
1. Concept of Secularism in the Changing Times
2. Freedom of Religion Facing New Challenges
3. Personal Laws: A Transformative Approach
4. Uniform Civil Code: Challenges faced by Endeavours
5. Privileges of Vulnerable Groups: Needs and Challenges
Module IV: Federalism
1. Legislative Relations between Center and State: A Strong Foundation
2. Role and Responsibilities of Center and State in the Present Era
3. Instances of Cooperative Federalism: Achieving Tasks beyond Challenges
4. Creation of New State and Special Status to Certain States: The New Experience
5. Anti-Defection Law: Challenges to the flaws and Falls
6. Abrogation of Article 370 of Constitution of India: A creation of Possibilities
Outcome
The students will be able to understand the significance of the study of Indian Constitution, will be
equipped to handle the new challenges posed.
It will enable them to understand the importance of the implementation of the concept of a Social
Justice and Rule of Law thus grooming students with spirit of humanism in the changi ng phases
Students will also be able to understand Constitutional obligation imposed on various units of the
Indian Legal System while discharging their assigned functions in the transformative stages
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Recommended Books
G. P. Tripathi, Constitutional law: New challenges, Central Law Publications, (2015)
Mahendra Singh, Comparative Constitutional law, Eastern Book Co., (1989)
M. P. Jain, Indian Constitutional Law, Lexis Nexis, 8th ed., (2018)
Dr. Subhash Kashyap, Framing of Indian Constitution, Universal Law Publishing Co. Pvt. Ltd.,
New Delhi, (2004)
D. D. Basu, Comparative Constitutional law, Wadhwa and Co., Nagpur, 2nd ed., (2008)
Seervai H. M., Constitutional Law of India – A critical Commentary, N. M. Tripathi Pvt. Ltd.,
(1967), Universal Law Publishing Co. Pvt. Ltd., 4th ed., (2006)
Vikram Amar and Mark Tushnet, Global Perspective on Constitutional law, Oxford University
Press, (2009)
PGLF03 Foundation 03: Legal Theory 4 credits
Objective
The basic objective of the program is to familiarize students with the basic tenets of foundation
theories of law
To acquaint students with the evolutionary process of law in context of social, political, economic
and other factors.
To explore the subject matter in detail with help of legislative, judicial and other international legal
instruments.
Contents
Module I: Introduction
1. Meaning of the term 'Jurisprudence'
2. Norms and the normative system
3. Different types of normative systems: Games, Languages, Religious Orders, Unions, Clubs and
Customary Practice
4. Legal System as a Normative Order: similarities and differences with other normative systems
5. Nature and definition of law
Module II: Schools of Jurisprudence
1. Analytical Positivism
2. Natural Law
3. Historical School
4. Sociological School
5. Economic Interpretation of Law
6. Ancient concept of 'Dharma'
Module III: Persons
1. Nature of personality
2. Status of the unborn, minor, lunatic, drunken and dead persons]
3. Corporate personality
4. Dimensions of the modern legal personality: Legal personality of non-human being
5. Concept of Rights, Types of Rights, Inter -relation between rights, duties and liability
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Module IV Concept of Law
1. Theory of liability
2. Fault liability or no -fault theory
3. Strict liability
4. Concept of Property: Possession, Ownership
5. Corporate Personality
Progress Report (Literature Review and Data Collection)
1. The Guiding Teachers are required to guide the students for data collection and literature review
2. The students are required to submit the progress report to the guiding teachers
Outcome
Students are better equipped with the understanding of theoretical evolution of distinctive
theories of law, their purpose
Students are equipped to have analytical, critical approach towards the recent developments and
challenges.
Recommended Books
George Paton, A Textbook of Jurisprudence, Oxford University Press, 4th Edition (Reprint 2018)
RWM Dias, Jurisprudence, LexisNexis, 5th Edition (Reprint 2017)
Michael Freeman , Lloyd's Introduction to Jurisprudence, Thomson Sweet & Maxwell , 9th Edition
- South Asian Edition 2021
Bodenheimer, Jurisprudence – the Philosophy and Method of the Law, Universal Law
Publishing, Revised Edition (2011)
Benjamin Cardozo, The Nature of Judicial Process, Yale University Press, 1st Edition (Reprint
2011)
Henry J. Abraham, The Judicial Process: An Introductory Analysis of the Courts of the United
States, England, and France, Oxford University Press, 7th Edition (1998)
Edward H. Levi, An Introduction to Legal Reasoning, University of Chicago Press, 2nd Edition
(2013)
Julius Store, The Province and Function of Law, Universal Law Publishing Co Ltd, (2016)
J. Stone, Precedent and the Law: Dynamics of Common Law Growth, Butterworth Laws, (1985)
J. Stone, Legal System and Lawyers’ Reasonings, Stanford University Press, (1964)
John Rawls, A Theory of Justice, Universal Law Publishing - An imprint of LexisNexis, (2013)
Rajeev Dhavan, The Supreme Court of India – A Socio Legal Critique of its Juristic Techniques,
N.M. Tripathi, Bombay, (1977)
Upendra Baxi, The Indian Supreme Court and Politics, Eastern Book Company, (1980)
PGLR 03 Research Progress Report (4 Credits)
Objectives
The students will be guided for data collection and application of research methodology
The students will be guided by the teachers with respect to literature review, research problem
and hypothesis
Page 28
Content
Module I: Literature Review and Data Collection
Module II: Application of Research Methodology and submission of progress report by the end of
semester
Outcome
The students will be enabled for literature review, collection of data, evaluation of data
The students will be equipped for preparing their progress report at the end of the semester
PGLC Core 02: International Trade Law and Development (6 Credits)
Objective
The objectives of the course are to familiarize the students about the World Trade Organization and
the various agreements entered into under the auspices of the WTO.
Students will be given an insight into the transnational commercial transactions and the related
matters thereto.
To give students understanding about the various constitue nts of global business environment in
reference to WTO.
To study the benefits and cost of globalization.
To study economics of regional trading blocs and multilateralism.
Content
Module I: History and Structure of WTO
1. The Agreements GATT, and TRIPs,
the Covered Agreements, Agreement on Agriculture, Agreement on Sanitary and Phytosanitary
Measures, Technical Standards, Food Safety, Government Procurement and other agreements.
2. The three pillars of WTO, MFN, NT and the SDT, Dispute Settlement Procedures
in international Trade Law Jurisprudence
3. Adjudicatory and Conciliatory Structures. Study of cases against India and by India at the WTO
4. Economic and Political Rationale behind trade liberalization. Founding of
General Agreement on Tariffs and Trade (GATT) and its successor, the WTO. Trade
and Geopolitical Tensions between the Developed and the Developing Countries
5. Trade Liberalization Agenda – the Doha Round and the Issues. Trans Pacific Partnership
trade negotiations
6. Integration of the WTO jurisprudence with Environmental and Human Rights Jurisprudence
ModuleII: International Investment Law, TRIMS Agreement of the WTO and the BITs
1. International investment Law Regime
History and Development, TRIMs Agreement of the WTO and Evolution of BITs.
2. Sources of international investment Law –
Customary Law and Treaty Law. State Responsibility for Breach of investment Obl
igations.
Page 29
3. Concept of ‘investor’ and ‘investment’,
Scope of investment Treaties, Expropriation, Non-
contingent standards and contingent standards, defenses and excuses.
4. Settlement of Disputes – investor – State and inter –
State Investment Treaties with India and current international investment Arbitratio
n cases in India.
Module III: Plurilateral Trade Agreements (PTAs) (Article XXIV of GATT)
1. What are PTAs and Customs Union (Article XXIV of GATT)
2. What conditions have to be satisfied for a PTA to be consistent with Article XXIV of GATT
(internal and external trade requirements) Notification and Transparency mechanism for PTAs
3. South Asian Free Trade Area (SAFTA)
Module IV: Imposition of Anti -Dumping Duties under the Anti -Dumping
Agreement
4. Dumping and Anti -dumping Measures;
5. Challenging anti-dumping measures;
6. Concept of Zeroing in anti-dumping investigations;
7. Determination of Injury and demonstration of a causal link
8. Managing the interface between trade liberalization and the domestic regulatory state;
Module V: International Sale and Carriage of Goods
1. Passing of Risk and Property, CIF and FOB Sales
2. Functions and significance of bills of lading and other shipping documents. Payment’s methods,
letters of credit and UCP600,
3. Frustration and force Majeure,
4. Remedies for breach of contract OF SALE.
5. The Vienna Convention on international Sale of Goods 1980.
6. The governing law and jurisdiction in the international sale of goods.
Module VI: The Future of the Global Trading System
1. Managing the interface between trade liberalization and the domestic regulatory state;
2. Strengthening the legal and institutional foundations of open markets in developing countries;
and
3. Addressing the dangers that regionalism poses to the sustainability of the global trading system.
Outcome
The students will be equipped with overall understanding of various international agreements
treaties under the auspices of the World Trade Organization and their significance under World
Trade Organization
Analyze legal regime of subsidies and countervailing measures under the organization’s machinery
Recommended Books
Bernard M. Hoekman, Petros C. Mavroidis, World Trade Organization (WTO): Law, economics,
and politics, Routledge, (2015)
Page 30
Patrick F. J. Macroy; Arthur Edmond Appleton; Michael G. Plummer, The World Trade
Organization: legal, economic and political analysis, Springer, New York, (2005)
Peter Van den Bossche, The law and policy of the World Trade Organization, Cambridge University
Press, (2006)
Jan Wouters; Bart De Meester, The World Trade Organization: a legal and institutional analysis,
Antwerp: Intersentia, (2007)
Daniel Bethlehem., (e t al.) (ed), The Oxford handbook of international trade law, Oxford University
Press, (2009)
Jan Ramberg, International commercial transactions, International Chamber of Commerce, Paris,
4th ed., (2011)
Peter Binder, International commercial arbitration and conciliation in UNCITRAL model law
jurisdictions, Sweet and Maxwell, London, 3rd ed., (2010)
Christoph H. Schreuer, The ICSID Convention: a commentary on the convention on the settlement
of investment disputes between states and nationals of other states, Cambridge University Press,
2nd ed., (2009)
PGLE 02 A (Elective A): Laws Regulating Electronic Commerce and Cyber Security (6
Credits)
Objective
Student can understand the significance of Electronic Commerce and Cyber Security
Knowledge about the nexus between Cyber Security measures to be applied
Significant developments of legislation for protecting data piracy and cyber security.
Content
Module I: Cyber Security and Data Protection in India
1. Conventional Crime and Cybercrime: Classification and Distinction
2. Cyber Security: Objectives, Needs, Issues and Challenges
3. Cyber Crime in India under it Act: Penalties & Offences
4. Establishment of Authorities Under IT Act
5. Investigation of Cyber Crimes in India
6. Right to Privacy under Indian Constitution
7. IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information)
Rules, 2011
8. Right to Privacy and Data Theft under Draft of the Privacy Bill
Module II: Legal Provisions of Electronic Commerce and E-Governance
1. Meaning and Types of E-Commerce, Electronic Marketplace and Online Marketing
2. Electronic Signatures, Digital Signatures and Certificates
3. Formation of E-Contracts, Validity and Enforcement
4. Electronic Governance in India: Concept and Practicality
5. UNCITRAL Model Law on e-Commerce and e-Signatures
Page 31
Module III: International Personal Data Protection Regulations: Role of OECD
1. OECD Guidelines on the Protection of Privacy and Trans -Border Flow of Personal Data, 1980
2. OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial
Practices Across Borders, 2003
3. OECD Guidelines for The Security of Information Systems and Networks, 2002
4. OECD Guidelines for Electronic Authentication, 2007
Module IV: International Personal Data Protection Regulations: EU, APEC & UN Principles
1. Protection of Personal Data and EU Principles (EU Convention 1981 and Directive 1995)
2. Asia-Pacific Economic Cooperation (APEC) Privacy Framework, 2004
3. UN General Assembly, Guidelines for the Regulation of Computerized Personal Data Files,
1990
Module V: Domain Names and Trademark Disputes
1. Concept of Trademark and Domain Name
2. Domain Name and Trademark Disputes
3. Cybersquatting and Reverse Hijacking
4. Jurisdiction in Trademark Disputes: Zippo Test
5. Universal Dispute Resolution Policy (UDRP) & Indian Dispute Resolution Policy (INDRP)
6. Some Landmark Cases of Cybersquatting
Module VI: Emerging Challenges in Cyberspace Regulations and Relevance
1. Social Media and Emerging Crimes: Need for Digital Literacy
2. Cyber Terrorism
3. Jurisdictional Issues in Transnational Crimes
4. Electronic Taxation issues in Cyberspace
5. Protection of Intellectual Property Rights in Digital Medium
6. Need of cyber security in Cloud computing
7. Concept of Artificial Intelligence and Machine Learning
Outcome
This will give comprehensive information to all the problems related to cybercrime, data
protection in cyberspace, e-commerce and e-governance and intellectual property rights in
digital medium in India in comparison with international law
Evaluate the human role in security systems with an emphasis on ethics and social engineering
vulnerabilities
Interpret and investigate security incidents in corporate sector
Recommended Books
Parag Diwan; Shammi Kapoor (ed.), Cyber and e-commerce laws: with Information
Technology Act, 2000, Bharat Publishing House, New Delhi, (2000)
Dr.Keval Ukey, Cyber Forensics: A Legal Perspective of Data Protection and E -Commerce,
2018 Edition, SSB Publication, New Delhi
Rahul Matthan, The law relating to computers and the internet, Butterworths, Nagpur, (2000)
Nitant P. Trilokekar, Information Technology Act, 2002, Snow White Publishing Ltd.,
Mumbai, (2004)
Page 32
F. Lawrence Street; Mark P. Grant; Sandra S. Gardiner, Law of the internet, Lexis Nexis,
(2000)
D. P. Mittal, Law of information technology (cyber law), Taxmann Allied Services, New
Delhi, (2000)
PGLE 02 B 02 (Elective B): Banking Law (6 Credits)
Objective
To be able to understand the banking regulation and governance in India.
To understand the powers of the Reserve Bank of India and role in governance of Banking and
Non- Banking Financial Institutions.
To understand and evaluate the contemporary issues in banking and financial institutions.
To learn the regulatory challenges in Technological issues in Banking and Financial Institutions.
Content
Module I: Introduction
1. Evolution of Banking and its history in India: Indigenous banking, Banks, Banking Business.
2. Different types of Banks
3. Growth and development of Non-Banking Financial Companies and Capital Market
4. Organizational structure and Functions of Reserve Bank of India
5. RBI’s control over banking and non-banking financial companies
6. Banking Ombudsman scheme
7. Procedure for Redressal of Grievance; Arbitration and Conciliation Procedure
Module II: Regulation of Banks
1. Reserve Bank of India Act,
2. Banking Regulation Act, 1949
3. Prevention of Money Laundering Act, 2002
Module III: Negotiable Instrument Act 1881
1. Negotiable Instrument Act, 1881: Meaning and kinds - Promissory Note, Bill of Exchange, Cheque,
Drawer, Drawee, Payee, Inland Instrument, Foreign Instrument
2. Holder and holder in due course. Rights and duties of paying banker and a collecting banker.
Presentment and payment. Negotiation, Indorsement, inchoate stamped Instruments.
3. Crossing of Cheques, Criminal liability on Dishonour of Cheque, the law relating to payment of
customers cheque.
Module IV: Payment and Settlement Systems Act, 2007
1. Payment and Settlement Systems Act, 2007
2. Designated Authority
3. Authorisation of payment systems
4. Regulation and supervision by the reserve bank
5. Rights and duties of a system provider
6. Settlement of disputes
7. Offences and penalties
Page 33
Module V: Debt Recovery
1. The Recovery of Debt Due to Banks and Financial Institutions Act, 1993.
2. Insolvency and Bankruptcy Code, 2016
3. Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
2002
4. Enforcement of Security Interest under SARFAESI Act 2002 and the Security Interest
(Enforcement) Rules, 2002.
Module VI: Technology in Banking System and Financial Enterprises in India
1. Automation and legal aspects, automatic teller machine and use of internet, use of expert
2. system, smart Card, Credit cards.
3. Risk management in Banks and Financial enterprises in India - Basel Norms.
4. Reforms in Indian Banking Law Recommendations of Committees - A Review.
Outcome
1. The main learning outcome of this course is to provide the student an understanding of legal
and regulatory aspects of banking.
2. To acquire knowledge about banking laws in India as it is must for management students.
3. to have conceptual clarity about the process of banking, product and stakeholders with
reference to particular acts passed in India.
4. A deep study about the remittance process, virtual banking, digital banking with various laws
applicable in India.
Recommended Books
M. L. Tannan; Vinod Kothari, Banking law and practice in India, Universal Law Publishing
(Lexis Nexis), 28th ed., (2022)
S. K. Basu, A review of current banking theory and practice, MacMillan, London, 2nd ed., (1998)
Mark Hapgood (Ed.), Paget’s law of banking, Butteworths, London, 15th ed., (2018)
Ross Cranston, Principles of banking law, Oxford University Press, 3rd ed., (2018)
Ashish Makhija, Insolvency and Bankruptcy Code of India, Lexis Nexis, (2018)
SEMESTER III
PGLC Core 3 : Law of Taxation (6 Credits)
Objective
To acquaint students with proper knowledge about Taxation Law in India.
Students will learn Classification of taxes; Income Tax Act and profits and gains of business or
profession and capital gains.
Students will learn the Constitutional powers to levy taxes.
Content
Module I: An Overview of Income Tax Act, 1961
1. Background, Important definitions, Residential Status, Basis of Charge, Scope of Total Income,
Tax Rates in accordance with the applicable Finance Act for the relevant assessment year.
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2. Computation of Income under the head of Salary: Salary – Valuation and Taxability, Profits in
lieu of Salary, provisions of the Provident Fund and Miscellaneous Provisions of Act 1952,
Practical Case Studies. Profits and Gains from Business and Profession
3. Computation of Income under the head of House Property : Chargeability, Owner of house
property, Determination of Annual Value, Deduction from Net Annual Value, Treatment of
Unrealized Rent, Arrears o f Rent, Exemptions, Practical Case Studies. Computation of Income
under the head of Capital Gains, Mode of Computation of Capital Gains, Exemptions and
Deduction, Special Provision Practical Case Studies. Computation of Income from Other
Sources: Taxation of Dividend u/s 2(22)(a) to (e).
Module II: Computation of Income
1. Profits and Gains from Business and Profession – An overview, Chargeability, Profits and
Losses of Speculation Business, Deductions Allowable, Expenses Disallowed, Deemed Profits
u/s 41, Maintenance of Accounts, Tax Audit, Presumptive Base Taxation, Practical Case
Studies.
2. Computation of Income under the head of Capital Gains: Chargeability, Capital Gains, Capital
Assets & Transfer, Types of Capital Gains, Mode of Computation of Capital Ga ins, Exemptions
and Deduction, Special Provision – Slump Sale, Compulsory Acquisition, Fair Market Value,
Reference to valuation officer, Practical Case Studies.
3. Computation of Income from Other Sources: Taxation of Dividend u/s 2(22)(a) to (e),
Provisions relating to Gifts, Deductions, Other Miscellaneous Provisions, Practical Case
Studies.
Module III: Exemptions, Deduction and Clubbing Provisions for Taxes
1. Rebate and Relief: Income’s not included in Total Income,
2. Tax holidays, Clubbing of Income,
3. Aggregation of Income, Set off and/or Carry forward of losses, Deductions (General and
Specific), Rebates and Reliefs.
4. TDS/TCS, Returns, Refund & Recovery: Tax Deduction at Source ‘TDS’ & Tax Collection at
Source ‘TCS’,
5. Advance Tax &Self -Assessment Tax ‘SAT’, Returns, Signatures,
6. E-Filing, Interest for default in furnishing return of Income,
Module IV: Computation of Total Income and Tax Liability
1. TDS/TCS, Returns, Refund & Recovery: Tax Deduction at Source ‘TDS’ & Tax Collection at
Source ‘TCS’,
2. Advance Tax &Self -Assessment Tax ‘SAT’, Returns, Signatures,
3. E-Filing, Interest for default in furnishing return of Income,
4. Collection, Recovery of Tax, & Refunds, Assessment,
5. Appeals, Revisions, Settlement of Cases, Penalties etc.,
6. Assessment, Appeals & Revisions, Settlement of Cases, Penalties, Offences & Prosecution,
Practical Case Studies.
Module V: Module V. Tax Planning & Tax Managemen t
1. Tax Planning, Tax Management and
2. Tax avoidance though legitimate tax provisions,
3. Various Avenues,
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4. Collection, Recovery of Tax, & Refunds, Assessment,
5. Appeals, Revisions, Settlement of Cases, Penalties etc.,
6. Assessment, Appeals & Revisions, Settlement of Cases, Penalties, Offences & Prosecution,
Practical Case Studies.
7. Practical Case Studies.
Module VI: International Taxation: An Overview
1. Double Taxation Avoidance Agreement ‘DTAA’, Residency Issues, Tax Heaven, Controlled
Foreign Corporation (CFC),
2. Concept of Permanent Establishment, Business Connection, General Anti Avoidance Rules
‘GAAR’,
3. Advance Rulin g – Practical Aspect, Transfer Pricing –An Overview, Practical Case Studies. 12.
4. Recent Case Laws:
5. Practical Case Studies, Case Laws, Case Studies & Practical Aspects.
.
Outcome
Understand concepts and importance of direct tax
Understanding the status of persons and industries
Classification of allowances and calculation of income from salaries.
Computation of annual value & deductions from income from house property.
Computation of income from other sources and capital gains.
Recommended Books
Bharat’s Direct Taxes Manual, Bharat Law House Pvt. Ltd. , 30th edn. (2022) Book Code:
9789393749512
CA. Kamal Garg, Bharat’s Guide to International Taxation, Bharat Law House Pvt. Ltd., 7th edn.
(2019) Book Code: 9789351397298
Bomi F. Daruwala and CA. Prerna Peshori, Bharat's Handbook to Direct Taxes, Bharat Law House
Pvt. Ltd., 30th edn. (2021) Book Code: 9789390854745
Kanga and Palkhivala, The Law and Practice of Income Tax, LexisNexis, 11th edn. (2020) ISBN:
INK9389991178
Vinod K. Singhania and Kapil Singhania, Taxmann’s Direct Taxes Law & Practice Professional
Edition (2022) ISBN -10: 9789356220881 ISBN -13: 9789356220881
PGLC 04 Core: Competition Law (6 Credits)
Objective
Application of economic tools and techniques in competition analysis such as assessment of market
power and definition of relevant market
Analytical skills to comprehend issues relating to business strategy and competition policy & law
Understanding of substantive issues relating to competition laws of India, the United States, the
European Union, South Africa
Understanding of emerging issues relating to competition law such as those emanating from
Intellectual Property Laws, Cross -border issues, etc
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Content
Module I: History of Completion Law
1. History and Development of Competition Law
2. Constitutional vision of Social Justice – Liberalization and Globalization - Raghavan Committee
Report
3. Competition Act 2002; an Overview of Competition Law in India
4. Important Definitions under the Competition Act, 2002
Module II: Anti -Competitive Agreements
1. Anti- Competitive Agreements under the Competition Act, 2002
2. Appreciable Adverse Effect on competition in the Market
3. Determination of Relevant Market: Rule of Reason and Per se
4. Illegal Rule: Horizontal and Vertical restraints, Exemption, Penalties
5. Prohibition of Anti- Competitive Agreements
6. Cartel - Predatory Pricing, bid rigging
Module III: Regulation of Abuse of Dominant Position & Combination
1. Introduction: Dominance in the Market
2. Relevant Market - Appreciable Adverse Effect on Competition in the Market 3.3 (AAEC) –
Abusive Conducts under the Competition Act. 2002
3. Penalties – Prevention of Abuse of Dominance
Module IV: Regulation of Combinations:
1. Combinations: Merger, Acquisition, Amalgamation and Takeover -
2. Horizontal, Vertical and Conglomerate Mergers -
3. Combinations covered under the Competition Act. 2002 – Regulations, Penalties.
4. Combinations: Merger, Acquisition, Amalgamation and Takeover
5. Horizontal, Vertical and Conglomerate Mergers
6. Combinations covered under the Competition Act, 2002: Regulations, Penalties
Module V: Enforcement Mechanisms and Emerging Trends in Competition Advocacy
1. Enforcement Mechanisms under the Competition Act. 2002
2. Competition Commission of India: Constitution of the CCI
3. Powers and Functions
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4. Jurisdiction of the CCI adjudication and appeals
5. Director General of Investigation (DGI)
6. Competition Appellate Tribunal (CAT): Enforcement Mechanisms.
7. Competition Advocacy in India and other foreign jurisdictions
Module VI: Competition Advocacy and Emerging Trends in Competition Law
1. Competition Advocacy in India and other foreign jurisdictions
2. Intellectual Property Rights and Competition Law
3. International Trade Law and Competition Law
Outcome
Enhanced understanding regarding linkages between trade and competition policy with focus on
anticompetitive practices and trade remedial measures.
Develop analytical capacities to comprehend competition policy and law issues, their perspectives
and linkage with the industry and the economy.
Understand the expected role of different stakeholders and groups in order to ensure fair
competitiveness of the markets and to accelerate economic growth.
Recommended Books
Dr. V.K. Agarwal, Competition Act, 2002 – Principles and Practices, Bharat Law House Pvt. Ltd,
2nd edn. (2019)
Dr. V.K. Agarwal, Competition Act, 2002 (Student Edition), Bharat Law House Pvt. Ltd., 2nd edn.
(2019)
Suresh T. Vishwanathan, Law and Practice of Competition Act 2002, Bharat Law House Pvt. Ltd,
1st edn. (2003)
Richard Whish and David Bailey, Competition Law, Oxford University press, 10th edn. (2008)
Mark Furse, Competition Law of the EC and UK, Oxford University Press, 6th edn. (2008)
S. M. Dugar, Commentary on MRTP Law, Competition Law & Consumer Protection Law, Wadhwa
and Company Nagpur, 4th edn. (2006)
Abir Roy and Jayant Kumar, Competition Law in India, Eastern Law House, 2nd edn. (Revised
2018)
Satyanarayana Prasad, Competition Law and Cartels, Amicus Books, ICFAI University Press (2007)
Kristy Middleton, Barry Rodger & Angus MacCulloch, Cases and Materials on UK and EC
Competition Law, Oxford University Press, 2nd edn. (2003)
Vinod Dhall (ed.), Competition Law Today, Oxford University Press (2007)
Philips E. Areeda & H. Hovenkoup, Fundamentals of Antitrust Law, Wolters Kluwer Law &
Business, 4th edn. (2022)
T Ramappa, Competition Law in India: Policy, Issues and Developments, Oxford University Press,
3rd edn. (2013)
Dr. Varun Chhachhar, Competition Law and Telecom Sector in India, VLMS Publishers,1st edn.
(2013)
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PGLA Applied: Practical Training: Skill Enhancement (4 Credits)
Objective
To train students with the practical application of research methodology for drafting, for enhancing
teaching learning skills
To train students in organizing workshops, seminars
To encourage students for participating in various activities like seminars, internship and legal
literacy campaigns
Content
Module I: Methods of Teaching
Classroom Teaching Lecture Method
Seminar Method
Case -Study
Legal Writing Pedagogy
Types of Citation and referencing styles ( OSCOLA, APA, AMA, Harvard referencing, and
MLA style
Module II: Soft Skill Training
Use of scaling techniques
Jurimetrics and communication
Information Analysis and Research
Commercial Awareness
Creative Problem Solving
Ethics in Research
Plagiarism Check
Comparative Analysis
Cordial Relationship, Acceptance of Failure and Adaptability
Module III: Organising workshop in small groups for class
Participating in Conferences/ Seminars,
Conducting and participating in Legal Literacy Programme,
Attending and Report writing on Lok Adalats
Module IV: Field Visit & Report Writing
Field visits to different Financial, Corporate and Judicial Institutions including SEBI, BSE, NSE,
DRT, LIC, Banks, High Court and other Institutions.
Interviewing experts during field visit.
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Report writing on the basis of field visit with learning outcome.
Outcome
The practical aspects of application of research methods enhances lawyer’s techniques in
drafting petitions, preparing for argumentative skills and building analytical thought
process.
Outreaching to the masses and understanding the practicalities.
Developing over all skills required for legal practice and profession
PGLR 04 Research Progress Report (4 Credits )
Objectives
The students will be guided for data collection and application of research methodology
The students will be guided by the teachers with respect to literature review, research problem
and hypothesis
Content
Module I: Literature Review and Data Collection
Module II: Application of Research Methodology and submission of progress report by the end of
semester
Outcome
The students will be enabled to design research proposal
The students will be equipped to prepare finale dissertation
PGLE 03 (Elective A): Consumer Protection Laws (6 Credits)
Objective
To enabling students for understanding the need and the regulatory framework governing Consumer
protection.
The practice of safeguarding buyers of goods and services, and the public, against unfair practices
in the marketplace .
The consumer protection laws are intended to prevent businesses from engaging in fraud or
specified unfair practices in order to gain an advantage over competitors or to mislead consumers.
Content
Module I: Evolution and Growth of Consumer Protection Laws
1. Consumer Protection: An overview, the rationale for consumer protection, Development of
market and consumer relations
2. Definition of consumer, consumerism, state’s responsibility in consumer protection
Module II Global Perspective of Consumer Protection
1. Organization for Economic Cooperation and Development (OECD)
2. United Nations Conference on Trade and Development (UNCTAD)
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3. EU Consumer Protection Cooperation Network (CPC)
4. European Consumer Centre Network (ECC -Net)
5. Ibero -American Forum of Consumer Protection Agencies (FIAGC)
6. International instruments and consumer protection, The United Nations Guidelines for
Consumer Protection, Objectives, scope of application and general principles
7. Principles for good business practices Guidelines, International cooperation
Module III: Constitutional Measures for Consumer Protection in India
1. Constitutional provisions on consumer protection, Framework of consumer protection in other
legislations
2. Interface between consumer laws and other laws, Sectoral laws, Professional service legislation
Module IV: Consumer Protection Agencies in India
3. New dimensions of consumer protection - present legislative measures, Scope and
objective of Consumer Protection Act 2019
4. Expanded definitions, Three Tier System, Jurisdiction of consumer
5. Relief available to consumers, E- commerce and consumer protection
Module V: Comparative Study of Consumer Protection
1. Institutional aspects of consumer protection IN U.S, UK, EU, Existing Enforcement
Mechanisms
2. Framework to Assess enforcement design, Assessing strength and weaknesses of existing law
enforcement system
3. Mutual Consent under UK/EU Laws, Rights to Contractual Information, Consultation
mechanisms, Operational autonomy
Module VI: New Trends in Consumer Protection
1. The link with competition, non-statutory public bodies, The changing scope of consumer
protection, Consumer privacy and data protection
2. WTO and Consumer Protection, Digital marketing and Consumer Rights, Role of Civil
3. Society in Consumer Protection
4. Access to justice and Consumer Laws, ADR in resolution of Consumer disputes
Outcome
1. Leading to awareness regarding government regulations that require businesses to disclose
detailed information about their products —particularly in areas where public health or safety is
an issue, such as with food or automobiles.
1. Enabling students to be practitioners, academicians, researchers
Recommended Books
Taxmann’s Consumer Protection Law & Practice - A Comprehensive Guide to New Consumer
Protection Law, Taxmann Publications, (Enforced with effect from 20-7-2020/24 -7-2020) (August
2020 Edition)
Justice S N Aggarwal, Supreme Court on Consumer protection Act, Universal law Publishing, 2nd
edition (2017)
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Peter Asch, Consumer Safety Regulation: Putting a Price on Life and Limb, Oxford University Press
(1988)
Charles E. F. Rickett and Thomas G. W. Telfer, International Perspectives on Consumers' Access to
Justice, The Press Syndicate Of The University Of Cambridge (2003)
V Balakrishna Eradi, Consumer Protection Jurisprudence, LexisNexis (Butterworths, 2005)
OR
PGLE 03B (Elective B): International Dispute Resolution Mechanism (6 Credits)
Objective
Understand the backdrop, meaning, advantages and disadvantages of Alternative Dispute
Resolution (ADR) and ODR Mechanisms.
Understand the key differences between Alternative Dispute Resolution mechanisms and
Judicial Adjudication.
Understand the skills and elements involved in Negotiation, Mediation and Conciliation.
Understand the provisions related to reference of disputes to Alternative Dispute Mechanisms
under the Code of Civil Procedure (CPC), 1908. (Section 89).
Understand the complexities involved in drafting “Arbitration Clause”.
Content
Module I: Alternative Dispute Resolution & Online Dispute Resolution
1. Overview of Alternative Dispute Resolution (ADR)
2. Advantages & Disadvantages of ADR Mechanisms
3. Section 89 Code Of Civil Procedure, 1908 and Court Referral of Dispute to ADR
4. Online Dispute Resolution (ODR)
5. Comparison of ADR & ODR
6. Emerging Methods and Advantages of ODR
Module II: Alternative Dispute Resolution Mechanism
1. ICANN’s Universal Dispute Resolution Policy (UDRP)
2. Other Transnational ODR Systems
3. Comparison of UDRP with Other Transnational ODR Systems
4. Currents Issues in ADR & ODR
5. Driving Forces behind ODR and Core Regulatory Principles
Module III: Negotiation, Mediation and Conciliation
1. Negotiation: Meaning, Characteristics and Theories
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2. Skills involved in Negotiation
3. Mediation and conciliation: Meaning and Characteristics
4. Distinction of Mediation and Conciliation
5. Advantages of Mediation
6. Sources of contemporary mediation and conciliation
7. Role of Mediator / Conciliator
Module IV: Arbitration & Lok Adalats in India
1. The Arbitration and Conciliation Act, 1996
2. Legislative backdrop, scope and definitions
3. Arbitration agreement
4. Courts power of Supervision
5. Arbitral process and challenges to Arbitration
6. Recognition & enforcement of Foreign Arbitral Awards
7. Genesis & meaning of Lok Adalats
8. Legal recognition for Lok Adalats in India
9. Constitution, Jurisdiction and Powers of Lok Adalats
Module V. Governing Laws for Enforcing the Arbitration Agreement
1. Applicable Laws in International commercial Arbitration
2. Lex Loci Arbitri Lex Loci Contractus - Lex Loci Solutionis
3. Technical aspect of law in dispute matters
4. Curial law/Seat Theory - Governing Law of arbitration
5. The sovereignty of the parties to the contract
6. Synchronized Laws & Combined Laws
7. The Shariah - General principles of law applicable to international commercial arbitration
8. International development law - Lex Mercatoria - Codified terms, Trade Usages and Customs -
Conflict Rules
Module VI: Types of International Commercial Arbitration
1. Introduction
2. Types of International Commercial Arbitration
3. Ad-hoc Arbitration
4. Merits of ad-hoc method of Arbitration
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5. Institutional Arbitration
6. International Arbitral Institutions
7. Indian Arbitral Institutions
8. Merits and Demerits of International Commercial Arbitration
Outcome
Appreciate the advantages of resolving disputes through alternative dispute resolution
mechanisms.
Appreciate the conceptual framework related to various ADR processes.
Appreciate the skills required for successfully conducting the ADR proceedings.
Identify various styles of drafting the arbitration clause in an agreement.
Recommended Books
Dr. Avatar Singh - Law of Arbitration and Conciliation including ADR System, Eastern Book
Company, Lucknow.
Venu Gopal KK – Justice Bachawat's Law of Arbitration and Conciliation including commercial,
international and ADR.
Dr.Keval Ukey, Cyber Forensics: A Legal Perspective of Data Protection and E -Commerce, 2018
Edition, SSB Publication, New Delhi
P.C.Rao & William - Alternative Dispute Resolution, Universal Law Sheffield Publishing Ltd.
S. K. Chawla, Law of Arbitration and Conciliation Act 1996, A Commentary, Universal Law
Publishing Ltd.
Anthony Walton, Russell - Law of Arbitration, Stevens & Sons Ltd., London, 18th Ed. (1970).
G. K. Kwatra - The Arbitration and Conciliation Law of India (with case law on UNCITRAL model
law on Arbitration), The Indian Council of Arbitration.
N. D. Basu - Arbitration & Conciliation Commentary, Orient Publishing House (l998).
John Sutton, Kendall & Judith Gill, Russell - Arbitration, Sweet & Maxwell, London (1997).
H. C. Johri - Commentary on Arbitration & Conciliation Act, 1996, Kamal Law House, Calcutta
(1997).
G. K. Kwatra - The New Arbitration & Conciliation Law of India, ICA, 1998.
Relevant Reports of the Law Commission of India .
SEMESTER IV
PGLF04 Foundation: Judicial Process (4 Credits)
Objective
The objective of this course is to study the nature of judicial process as an instrument of ordering
the society in India within the background of evolution of judicial role and judicial process in
other societies.
This course is intended to highlight the role of court as policy maker, participant in power and an
instrument of social change.
The emergence of the Indian Supreme Court as the most powerful judicial tribunal of the
democratic world makes it necessary to study amongst other things the social background and
orientation of the judges, the techniques employed by it and the constituencies it serves.
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Content
Module I: Nature of Judicial Process
1. Judicial Process as an instrument of Social Ordering
2. Judicial Process and creativity in law - Common Law Model
3. Legal Reasoning and growth of law - Change and Stability
4. The tools and techniques of Judicial Creativity and Precedent
5. Legal Development and creativity through Legal Reasoning under statutory and codified
systems
Module II: The Doctrine of Precedent and Reasoning
1. Different aspects of Precedent, precedent in India & England
2. Ratio decidendi and different tests to determine ratio
3. Obiter dicta
4. Logical reasoning, deductive & inductive reasoning and reasoning by analogy
5. Factors influencing judicial reasoning
Module III: Judicial Process in India (1 Credit)
1. Indian debate on the role of judges and on the notion of Judicial Review.
2. Judicial Activism and creativity of the Supreme Court - the tools and techniques of creativity.
3. Judicial process in pursuit of constitutional goals and values - new dimensions of judicial
activism and structural challenges.
4. Problems of accountability and judicial law making.
5. Notions of Judicial Review
6. Role in constitutional adjudication -Various Theories of Review
7. Tools and Techniques in Policy making and creativity in constitutional adjudication.
8. Process of accountability and judicial law making.
Module IV: The Concepts of Justice and its Relationship with Law (1 Credit)
1. Various theoretical bases of justice: the liberal contractual tradition, the Utilitarian
tradition and the liberal moral tradition.
2. Nozick’s theory of justice.
3. Equivalence theories - justice as nothing more than the positive law of the stronger class.
4. Dependency theories - for its realization justice depends on law, but justice is not the
same as law.
5. Analysis of selected cases of the Supreme Court where the judicial process can be seen as
influenced by theories of justice.
6. The concept of Justice or Dharma in Indian thought.
7. Dharma as foundation of legal order
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Outcome
The course will help the learners to understand the intricacies of judicial process and growth of law
through the judgments.
It will sharpen the logic and enable the learners to evaluate the impact of the judgments on impact
constituencies.
Recommended Books
Cardozo - The Nature Of Judicial Process, Universal, New Delhi (1995).
Bodenheimer - Jurisprudence The Philosophy And Method of the Law, Universal Publication, New
Delhi (1997).
Rawls, John - A Theory of Justice, Universal, New Delhi (2000).
Stone, J., - Precedent and The Law: Dynamics of Common Law Growth, Butterworths, London
(1985).
Stone, J., - Legal System and Lawyers' Reasoning’s, Universal Store, New Delhi (1999)
Julius Stone., - The Province and Function of Law, Universal Publication, New Delhi (2000)
Baxi, U., - The Indian Supreme Court And Politics, Eastern Book Company, Lucknow (1980).
Sathe, S.P., - Judicial Activism in India: Transgressing Borders And Enforcing Limits, Oxford
University Press, New Delhi (2002).
Lakshminath, A., - Judicial Process: Precedent in India, Eastern Book Company, Lucknow (2009).
Cross & Harris - Precedent in English Law, Clarendon Law Series (1991).
PGLC05 Core: Insurance Law (6 Credits)
Objective
To achieve a complete grasp and understanding of general principles of law of
insurance and their kinds.
Equip with the law of Insurance that regulates various transactions at the international
level.
Enable them to understand the nature and complexities of the legal issues pertaining to
varied types of Insurance.
Content
Module I: Introduction to Insurance Agreements
1. Evolution and history of Insurance -Definition and Meaning.
2. Need for insurance -Nature -Scope and significance -Constitutional perspectives.
3. Insurance as a Social Security Tool -Risk pooling -Role of insurance in economic development.
Module II: General Principles of Law of Insurance
4. Essential elements of insurance contracts - Nature
5. Contract is Aleatory
6. Contract of Uberrima fide
7. Contract of Indemnity
8. Contract of Wager
9. Contract of Adhesion.
10. Insurable interest -Premium -Risk-Assignment of Insurance
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11. Policies -Warranties & disclosures.
12. Double insurance & Re-insurance -Doctrine of Contribution, Subrogation & Reinstatement.
Module III: Insurance Contracts
1. Life Insurance -Nature & scope of life insurance -
2. Kinds of life insurance contracts -
3. Events insured -Felo De Se-Factors affecting risk in life insurance -
4. Amounts recoverable under life insurance -
5. Persons entitled to payment under life insurance -Settlement of claims.
6. Marine Insurance -Nature & scope of marine insurance -Classification of marine insurance
policies - Change of voyage and deviation - Maritime perils -Implied Warranties -Loss, Property
Insurance, Fire Insurance -Elements of fire insurance -kind of policies -Claims under fire insurance -
7. Motor Vehicle Insurance -Types of Motor Polices -No fault liability - Compulsory Insurance -
8. Knock for Knock Agreements -Rights and Liabilities of Third Party in Motor Insurance -Claims
Tribunal.
Module IV: Insurance Regulatory & Development Authority Act, 1999
1. Salient features of the Act-Insurance Regulatory & Development Authority.
2. Establishment -Objectives -Composition -Duties -Powers -Functions.
3. Finance, Accounts and Audit - Amendments -Regulations -Guidelines.
Module V: Corporate Governance in Insurance Sector
1. Corporate Governance Guidelines for Insurance Companies, 2016.
2. Governance structure -Constitution of Board of Directors -The Role and responsibility of the Board -
Control & Delegation of Functions
3. Committees of the Board -Disclosures Requirement - Outsourcing policy guideline -Reporting to
IRDAI for compliance -Evaluation of Board of Directors including Independent Directors.
Module VI: The Regulatory Mechanism for governing agents and brokers under IRDA
1. Regulations issued by IRDA for Insurance Agents & Brokers -Rights and responsibilities -
2. The IRDAI (Insurance Brokers) Regulations 2018 -
3. The IRDAI (Appointment of Insurance Agents) Regulations, 2016.
4. Agency Contract -License to act as insurance agent -Authority of a life Insurance Agent - Licensing of
Insurance Brokers -Role & Responsibilities of Insurance Brokers.
5. Insurance Ombudsman and Dispute Resolution Mechanisms
6. International Trends in Insurance Regulations
7. International Association of Insurance Supervisors -Insurance Core Principles -Financial
8. Services Authority, U.K. -Department of Financial Services, New York.
9. Insurance Board of Sri Lanka -Beema Samiti (Insurance Board of Nepal).
10. Royal Monetary Authority (Bhutan) -Monetary Authority of Singapore -Bank Negara, Malaysia.
Outcome
Grasp a knowledge on the Institutions which play a major role in relation to the
Insurance Sector.
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Enable the students answer some vital questions regarding the law of international
aspects of Insurance Law.
Recommended Books
Professor John Birds - Birds' Modern Insurance Law, Sweet & Maxwell, 11th Edition (2019).
Taxmann - Insurance Laws Manual 2020, 21st Edition (2020).
K. S. N Murthy & K. V. S. Sharma - Modern Law of Insurance in India, Lexis Nexis, 6th Edition
(2019).
Avtar Singh - Law of Insurance, Eastern Book Company Explorer, 3rd Edition (2017).
Gaurav Varshney - Insurance Laws, Lexis Nexis, (2016).
S.K Sarkaria - Commentary on The Insurance Regulatory and Development Authority
Act, Universal Law Publishing, (2017).
PGLR 05 Research 14 credits
200 marks / Dissertation and viva voce (Compulsory)
50 marks for viva
Objective
The students adopt fair research practices while writing their dissertations.
The students are enabled to adapt to socio legal research.
The students are enabled to think, to write on distinct legal topics with critical, analytical
perspectives.
Content:
Final Analysis of Data
Application of ICT Tools for tabulation of data
Findings, Conclusions,
Suggestions and Recommendations
Different styles of references
Final Dissertation writing
Outcome
Students are enabled to develop research approach which can be applied in practice as a lawyer,
as academician while preparing notes teaching,
Enabling and equipping students with socio legal critical perspectives.
Enabling them to be writers, critique.
Signature: Signature:
Chairman of Board of Studies Dean Faculty of Interdisciplinary Studies
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