Symbiosis Law School, NOIDA Bachelor of Arts & Bachelor of Laws ...

Symbiosis Law School, NOIDABachelor of Arts & Bachelor of Laws

Programme Structure 2018-23

BALL.B 2018-23 SLS, NOIDA

1. OBJECTIVE

The close connection between social sciences and law hardly needs to be

articulated. A lawyer needs to be conscious of the intricate and complex problems

of the society. Integrated Bachelor of Law programme provides a deep insight into

the historical perspective of development of law, political factors influencing

policies culminating into law and the intricate relationship between legislations and

social problems. This programme aims at creating socially sensitive sentinels of

justice.

2.DURATION (IN

MONTHS)60 (Full Time)

3. INTAKE 120

RESERVATION a) SC

(In )

b) ST

(In )

c) Differently abled

(In )

4. I.Within the

sanctioned intake

15 7.5 3

II.Over and above

the sanctioned

intake

a) Kashmiri Migrants

(In )

b) International Students

(In )

2 15

5. ELIGIBILITY

XII (10+2) std pass or equivalent examination from any recognized Board with a

minimum of 45% marks or equivalent grade (40% Marks or equivalent grade for

Scheduled Caste / Scheduled Tribes).

6.SELECTION

PROCEDURE

1. Symbiosis Law Admission Test (SLAT)

2. Personal Interaction and Written Ability Test (PI-WAT) for shortlisted

candidates based on SLAT

7.MEDIUM OF

INSTRUCTIONEnglish

8.PROGRAMME

PATTERNSemester

9.COURSE &

SPECIALIZATIONAs per Annexure A

10. FEE TotalInstitute DepositAcademic Fee p.a

Indian Students 250000 10000 260000

International

Students (USD

equivalent to INR)

375000 10000 385000

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11. ASSESSMENT

All internal courses will have 100% component as internal evaluation at the

institute level. All external courses will have 40% internal component and 60%

external component [University] examination.

12.STANDARD OF

PASSING

The assessment of student for each examination is done on the basis of relative

performance. Maximum Grade Point (GP) is 10 corresponding to O (outstanding).


For all courses, a student is required to pass both internal and external examinations

separately with a minimum Grade Point of 4 corresponding to Grade P. Students

securing less than 40% absolute marks in each head of passing will be declared

FAIL. The University awards a degree to the student who has achieved a minimum

CGPA of 4 out of maximum of 10 CGPA for the programme.

13. AWARD OF DEGREE

Bachelor of Arts and Bachelor of Laws degree will be awarded at the end of

semester X by taking into consideration the performance of all semester

examinations after obtaining minimum 4.00 CGPA out of 10 CGPA.

14. NATURE WISE DISTRIBUTION OF CREDITS

SemesterGeneric

CoreGenericElective

TotalAuditOpen ElectiveSpecialization

ElectiveSpecialization

Core

00000241 24

00000272 27

00002273 29

00002274 29

00000255 25

00000276 27

00008157 23

00008168 24

00004169 20

000041810 22

Total 00222 0 0 25028

* Satisfactory completion of the letter grade course 'Integrated Disaster Management' is mandatory for award of

degree.

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Annexure A


CourseCode

Course Title CreditSpecializationCatalogCourseCode

InternalMarks

ExternalMarks

TotalMarks

Semester : 1

Generic Core Courses

T6100 010223101 English 4 40 60 100

T1027 010223102Law of Torts including MVAccident and ConsumerProtection Laws I

4 40 60 100

T1142 010223103Jurisprudence (Legal Method,Indian Legal System and BasicTheory of Law)

4 40 60 100

T6220 010223104History I: History of Law & LegalInstitutions in Ancient &Medieval India

4 40 60 100

T6333 010223105 Sociology 4 40 60 100

T3246 010223106 Legal Database 2 50 0 50

T6274 010223107 Foundations of Ethics 2 50 0 50

Total 24 300 300 600

Semester : 2


T1029 010223201 Law of Contract 4 40 60 100

T1028 010223202Law of Tort including MVAccident and ConsumerProtection Laws II

4 40 60 100

T6101 010223203 English (Advanced) 4 40 60 100

T6221 010223204History II: History of Law &Legal Institutions in Medieval &Modern India

4 40 60 100

T6280 010223205 Political Science I 4 40 60 100

T3217 010223206 Fundamentals of IT 2 50 0 50

T6273 010223207Philosophies of Life andLifestyle

2 50 0 50

T1902 010223208 Winter Internship 3 75 0 75

Total 27 375 300 675

Semester : 3


T1030 010223301 Special Contract 4 40 60 100

T1402 010223302 Constitutional Law I 4 40 60 100

T1031 010223303 Family Law I 4 40 60 100

T6103 010223304 Effective Communication Skills 4 40 60 100

T6281 010223305 Political Science II 4 40 60 100

T6275 010223306Concept of Wealth andProsperity

2 50 0 50

T1143 010223307 Legal Reasoning Skills 2 50 0 50

T1902 010223308 Summer Internship 3 75 0 75

T4005 010223309Integrated DisasterManagement *

0 0 0 0

Total 27 375 300 675

Generic Elective Courses Group

T6401 010223310 Basic Sanskrit I 2 50 0 50

T6184 010223311 Basic German I 2 50 0 50

T6186 010223312 Basic French I 2 50 0 50

T6188 010223313 Basic Spanish I 2 50 0 50

T6397 010223314 Basic Hindi I 2 50 0 50

T6399 010223315 Basic Marathi I 2 50 0 50

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CourseCode


InternalMarks

ExternalMarks

TotalMarks

Total Required Credits 2 50 0 50

Semester : 4


T1144 010223401Law of Crimes Paper I: PenalCode

4 40 60 100

T1002 010223402 Constitutional Law II 4 40 60 100

T1032 010223403 Family Law II 4 40 60 100

T6165 010223404 Economics 4 40 60 100

T6282 010223405 Political Science III 4 40 60 100

T1147 010223406 Legal Reasoning and Logic 2 50 0 50

T1148 010223407Case Studies: Interlinking andHyper linking

2 50 0 50


Total 27 375 300 675


T6402 010223409 Basic Sanskrit II 2 50 0 50

T6185 010223410 Basic German II 2 50 0 50

T6187 010223411 Basic French II 2 50 0 50

T6189 010223412 Basic Spanish II 2 50 0 50

T6398 010223413 Basic Hindi II 2 50 0 50

T6400 010223414 Basic Marathi II 2 50 0 50


Semester : 5


T1145 010223501Law of Crimes Paper II:Criminal Procedure Code I

4 40 60 100

T1033 010223502 Property Law 4 40 60 100

T1078 010223503 Company Law I 4 40 60 100

T1003 010223504 Administrative Law 4 40 60 100

T6283 010223505Public Administration (LawFaculty)

4 40 60 100

T1276 010223506 Interpretation of Statues 2 50 0 50


Total 25 325 300 625

Semester : 6


T1146 010223601Law of Crimes Paper III:Criminal Procedure Code II

4 40 60 100

T1044 010223602 Environmental Law 4 40 60 100

T1079 010223603 Company Law II 4 40 60 100

T1080 010223604 Principles of Taxation Law 4 40 60 100

T6272 010223605 Philosophy of Law & Ethics 4 40 60 100

T6095 010223606 Culture and Communication 2 50 0 50

T6096 010223607 Creative Writing 2 50 0 50


Total 27 375 300 675

Semester : 7


T1045 010223701 Public International Law 4 40 60 100

T1149 010223702Civil Procedure Code andLimitation Act I

4 40 60 100

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CourseCode


InternalMarks

ExternalMarks

TotalMarks

T6307 010223703 Basic Psychology 2 50 0 50

T6284 010223704Contemporary India and TheWorld

2 50 0 50


Total 15 255 120 375


T1085 010223706General Agreement on Tariffand Trade

4 40 60 100

T1082 010223707 Banking Law 4 40 60 100

T1083 010223708 Insurance Law 4 40 60 100

T1152 010223709Human Rights Law andPractice

4 40 60 100

T1153 010223710Gender Justice and FeministJurisprudence

4 40 60 100

T1046 010223711 Humanitarian and Refugee Law 4 40 60 100

T1203 010223712 Intellectual Property Law 4 40 60 100

T1275 010223713 Competition Law 4 40 60 100

T1081 010223714 Merger and Acquisitions 4 40 60 100


Semester : 8


T1151 010223801 Law of Evidence 4 40 60 100

T1150 010223802Civil Procedure Code andLimitation Act II

4 40 60 100

T1204 010223803 Forensic Science 4 40 60 100

T1901 010223804 Internship I 2 50 0 50

T1901 010223805 Internship II 2 50 0 50

Total 16 220 180 400


T1205 010223806 Information Technology Law 4 40 60 100

T1086 010223807International Banking andFinance

4 40 60 100

T1206 010223808 Trade in Intellectual Property 4 40 60 100

T1047 010223809International Trade andEconomics

4 40 60 100

T1048 010223810 International Criminal Law 4 40 60 100

T1154 010223811 Penology and Victimology 4 40 60 100

T1049 010223813 International Organization 4 40 60 100

T1278 010223814 Energy Law 4 40 60 100


Semester : 9


T1087 010223901 Labour and Industrial Law 4 40 60 100

T1155 010223902Drafting, Pleading andConveyance (Clinical Course I)

6 150 0 150

T1156 010223903Alternative Dispute Resolution(Clinical Course II)

6 150 0 150

Total 16 340 60 400


T1088 010223904 Investment Law 4 40 60 100

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CourseCode


InternalMarks

ExternalMarks

TotalMarks

T1052 010223905Trade and Services inEmigration

4 40 60 100

T1050 010223906Comparative CriminalProcedure

4 40 60 100

T1051 010223907 Comparative Constitution 4 40 60 100


Semester : 10


T1157 0102231001Professional Ethics andProfessional AccountingSystem (Clinical Course III)

6 150 0 150

T1158 0102231002Moot Court Exercise andInternship (Clinical Course IV)

6 150 0 150

T1806 0102231003 Projects and presentations 6 150 0 150

Total 18 450 0 450


T1089 0102231004 Financial and Systemic Fraud 4 40 60 100

T1053 0102231005 UNCITRAL Model Codes 4 40 60 100


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Semester Internal Credits External Credits Total Credits Total Marks

Semester1 4 20 24 600

Semester2 7 20 27 675

Semester3 9 20 29 725

Semester4 9 20 29 725

Semester5 5 20 25 625

Semester6 7 20 27 675

Semester7 7 16 23 575

Semester8 4 20 24 600

Semester9 12 8 20 500

Semester10 18 4 22 550

Total 82 168 250 6250

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Teaching Plan

LAW OF TORTS INCLUDING MV

ACCIDENT AND

CONSUMER PROTECTION LAWS-I

Semester I Batch 2019-24

By

Mr. Ankur Sharma

& Prof. (Dr.) C.J. Rawandale

Academic Year 2019-20 (Session: July 2019- October 2019)

Symbiosis Law School, NOIDA Symbiosis International (Deemed

University), Pune

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1. INTRODUCTION

The common law tradition has been to draw a clear distinction between civil liabilities imposed as a result of a breach of the general law (the law of torts), and

civil liability imposed for breach of a particular agreement or undertaking (the law of contract and the law of trusts). A tort is a civil wrong for which the legal remedy is an action brought by means of civil proceedings by or on behalf of the injured

party for damages or some other legal remedy desired by the person who has suffered the wrong. But not all civil wrongs are torts. Civil liability may also arise for

breach of contract or breach of trust. The objective behind teaching the 'Law of Torts' is to set out the law of private

rights and remedies, which are not covered by statute. In Jai Laxmi Salt Works (P) Ltd. v. State of Gujarat, (1994) 4 SCC 1, Sahai, J. observed: “Truly

speaking entire law of Torts is founded and structured on morality that no one has a right to injure or harm intentionally or even innocently. Therefore, it would be primitive to class strictly or close finally the ever expanding and growing horizon of

tortuous liability. Even for social development, orderly growth of the society and cultural refineness the liberal approach to tortuous liability by courts is more

conducive”.

It should be remembered that many wrongs are felonious crimes i.e. both torts and crimes. Thus, a motorist who negligently injures a pedestrian may be guilty of the crime of careless driving and the tort of negligence. The main difference between

the crime and the tort is that legal proceedings in respect of the crime will be taken by the Public Prosecution Service with a view to the imposition of a criminal penalty

i.e. a fine or even imprisonment, whereas the tort claim will be made by the injured pedestrian with a view to obtaining damages to compensate him or her for the losses arising from the injuries.

This course deals with selected aspects of the law of torts. Four possible purposes

may be served by the imposition of tort liability: i. Compensation: - In many cases, the injured party seeks damages to compensate him or her for personal injury, property damage, financial loss or infringement of civil or personal rights

caused by another‟s “tortious” act; ii. Deterrence: - The imposition – or possible imposition – of tort liability may be designed to deter, or to have the effect of

discouraging, undesirable conduct or to encourage desirable conduct; iii. Justice: - Making a wrongdoer “pay” by imposing tort liability may appeal to a basic sense of justice that a wrongdoer should put right the “wrong” which he or she has done; iv.

Setting standards: - Tort cases frequently involve a judicial determination as to whether a defendant, be it a government department, a large commercial

organisation, a small business or a single individual, has acted reasonably. The imposition – or possible imposition – of tort liability may operate to encourage “reasonable” standards of conduct.

In this course we will examine the law of torts with respect to these differing

purposes and with particular reference to the imposition of liability and the provision of remedies for “injuries” of various kinds arising from negligence and related matters. Students need to be well acquainted with this branch of law

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governing actions for damages for injuries to certain kinds of rights, like the right to personal security, property and reputation.

2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)

A. Knowledge

The overall objective(s) are: To identify the law of private rights and remedies, which are not covered

by statute To analyse wide range of legal concepts, values, principles, rules, and

procedures encompassing the law of torts

To examine the theoretical rationale involved and its practical relationship with the relevant economic, social, commercial and political context

To apply the principles of law of torts in contemporary areas like Human Rights & Environmental Rights

B. Skills

The overall objective of this undergraduate course is to inculcate you with the following set of skills: general cognitive intellectual skills; general

communicative/employability skills; and subject specific skills. Cognitive

The law of torts will demand that students have the capacity to demonstrate insight

in presenting materials drawn from a wide and sometimes contradictory range of primary and secondary sources and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those materials that offers a personal and informed

criticism.

Employability The law of torts will demand that students have the capacity to be able to write and

use orally fluent and complex prose; using legal terminology with scrupulous care and accuracy.

Subject Specific

The law of torts will demand an ability to identify and select key relevant issues and to apply that knowledge with clarity to difficult situations of significant legal

complexity; to analyse facts and to produce well-supported conclusions in relation to them.

C. Outcomes

On the completion of the course the student will be able to: Appreciate the law of private rights

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Identify the tort that has been committed and the defence that can be invoked by the defendant

Apply this branch of law to identify and seek appropriate legal remedy Contextualise the learning of the subject in the light of contemporary

global legal issues Synthesize various case laws and apply them with logical reasoning to

solve different legal problems

Identify the niche areas in the subject and research on them in the backdrop of the latest jurisprudential developments

Case synthesis/Problem solving

In preparing for tutorials, you will be asked to read, analyse and synthesize a

number of cases. You will also be asked to use that knowledge to support your answer to a number of hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you will be preparing properly for the end of term

assessment.

Independent research/group work In preparing for the coursework assignment, particular emphasis will be placed on

independent learning i.e., the ability to take initiative in the design (individualised approach or plan of action) and research (external legal and non-legal sources) of

the stated project. The coursework in question is deliberately broadly drawn, and is designed to challenge you in this regard.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External= 100%) under the auspices of the Symbiosis International (Deemed University).

3. LECTURES

A. Times and Attendance

Two lecture times have been set aside for this course for each division. Verify it from the timetable assigned for each division. Lecture outlines, principally in the

form of PowerPoint slides, will be made available in „The Library‟ on „Curiosity‟ Portal at http://slsnoida.curiositylive.com In addition, Session Plan/Course Material

will be also be provided containing Suggested Reading such as Books; Journal Articles and cases as decided by Judiciary related to the course. To facilitate your understanding of these lectures, you should always read at least the relevant pages

of suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations, please note, “Students are expected to attend minimum 75% of all scheduled sessions and other forms of instruction as defined by the programme of

http://slsnoida.curiositylive.com/

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study.”

You are notified that two online sessions with the help of „Banyan Tree @Curiosity‟ will be conducted for Tutorial. We will be expecting your response/ answer/ reply

within stipulated time given. Those, who will respond/answer/ reply within stipulated time given will be granted attendance for one lecture each. This activity is compulsory for all and attendance so granted will form part of the total

attendance.

The student will not be eligible to appear for the examination if he / she fail to put in the required attendance. The Students can update themselves of their attendance daily online in „Attendance‟ on „Curiosity‟ Portal at

http://slsnoida.curiositylive.com

B. Notifications:

Learners are informed that the notice/s, if required, with respect to Academic-

Administration, either by Course-in-Charge or Faculty-In-Charge, Academic Coordination will be sent using „Owl@Curiosity‟. No notifications will be published

by Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner using „Library@Curiosity‟. You are required to keep yourself duly informed.

C. Lecture Outline

Week 1

01/07/19

Topic 1: What is the Tort Law?

Lecture 1 - Syllabus Preview

Lecture 2 - Syllabus Preview

Week 2

08/07/19

Topic 2: Introduction to the Study of Torts

Lecture 3 - Introduction: Underlying Function and Philosophy of Law of

Torts

Lecture 4 - Nature of Tort: Definitions; Torts v/s Law of Crimes; Torts

v/s Law of Contract

Week 3 15/07/19

Lecture 5 - The Conventional Basis for Imposing Liability in Torts: Act and Omission

Lecture 6 - The Conventional Basis for Imposing Liability in Torts: Mental

Elements: Intention, Negligence; Breach of Strict Duty and

No-fault Liability


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Week 4

22/07/19

Lecture 7 - Damage: Injuria Sine Damnum and Damnum Sine Injuria

Lecture 8 - Remedy: Ubi Jus Ibi Remedium; Concept of Unliquidated

Damages: Malfeasance, Misfeasance, Nonfeasance

Week 5

29/07/19

Topic 3: Standing of a Person in Tort

Lecture 9 – Introduction; Locus Standi: Traditional Doctrine of Locus

Standi in Private Law Litigation; The Liberalisation of Locus Standi in Public Interest Litigation: Private Legal Injury to Others; Injury to Public Interest and Injury to Public Interest

with Specific Injury

Lecture 10 - Limitations of Personal Capacity: Who Cannot Sue?: Convict; Alien Enemy; Private Defence; Insolvent Person; Husband & Wife; Corporation

Lecture 11 - Who Cannot Be Sued?: Foreign Sovereigns; Ambassadors;

Infants; Lunatics; Corporations; Persons Having Parental or Quasi-Parental Authority; Trade Unions; Married Women:

Conclusion

Week 6

05/08/19

Topic 4: Justification in Tort

Lecture 12 – Introduction; Volenti Non Fit Injuria; Plaintiffs Default

Lecture 13 - Act of God /Vis Major; Necessity: Private and Public; Inevitable Accident

Week 7

12/08/19

Lecture 14 - Private Defence ; Statutory Authority

Lecture 15 - Judicial and Quasi-Judicial Acts; Parental and Quasi-

Parental Authority; Mistake; Conclusion

Week 8

19/08/19

Topic 5: Discharge of Tort

Lecture 16 - Introduction: Actio Personalis Moritur Cum Persona

Lecture 17- Waiver and Acquiescence; Release; Accord and Satisfaction and Statutes of Limitation

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Week 9

26/08/19

Topic 6: Vicarious Liability

Lecture 18 – Introduction: Justification for the Vicarious Liability: Ratification; Abetment; Special Relationships: Master and

Servant, Principal and Agent, Partners Lecture 19 - Course of Employment: Policy Factors; Test Based on

Implied Authority and Distinction between „Authorised Acts‟ and Unauthorised Modes‟; Road Traffic Cases: Detour,

Deviation, and Travel To and From Work

Week 10

02/09/19

Lecture 20 - Contribution between Employer and Employee: Liability for the Torts of Independent Contractors: Liability of Parents for the Torts of Their Children

Lecture 21 - Liability of State for the Acts of its Servants in India:

General Observations: Legislative Provisions: Judicial Decisions- Sovereign and Non-Sovereign Functions: Pre-Constitutional Decisions; Post-Constitutional Decisions;

Cases Involving Fundamental Rights

Lecture 22 - Uncertainty of Law: Need for Legislation: Law Commission of India First Report: Liability of the State in Tort: Suggestions: Conclusions

Week 11

09/09/19

Topic 7: Strict Liability

Lecture 23 - Introduction: The Rule in Rylands v. Fletcher: The Essentials of Liability: The Thing Must Be Brought On To the

Defendant‟s Land; and Escape

Lecture 24 - Defences: Plaintiff‟s Consent; Plaintiff‟s Own Fault; Act of Third Party; Act of God; Statutory Authority

Week 12

16/09/19

Lecture 25 - Rylands v. Fletcher and Nuisance

Lecture 26 - The Future of Strict Liability in General: M.C. Mehta v.

Union of India, AIR 1987 SC 1086; Union Carbide

Corporation v. Union of India, AIR 1992 SC 248;

Lecture 27 - The Future of Strict Liability in General: Jai Laxmi Salt Works (P) Ltd. v. State of Gujarat, (1994) 4 SCC 1; Rural Indian Council for Enviro-Legal Action v. Union of India,

AIR 1996 SC 1446 and The Public Liability Insurance Act, 1991: Conclusion

Week 13

23/09/19

Topic 8: Remedies

Lecture 28– Introduction: Legal remedies -Judicial and Extra judicial

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Lecture 29 - Judicial Remedies: Damages: Kinds of Damages, Measures of Damages and Remoteness of Damages

Week 14

30/09/19

Lecture 30 - Judicial Remedies: Injunction: Kinds of Injunction: Specific

Restitution of Property

Lecture 31 - Extra-Judicial Remedies: Self-Help; Re-Entry on Land; Re-

Caption of Goods; Abatement of Nuisance; Distress Damage Feasant; Conclusion

Week 15

07/10/19

Topic 9: Motor Vehicles Act, 1988

Lecture 32 - Introduction: Object of the Motor Vehicles Act: Offences, Penalties and Procedure

Lecture 33 - Forum of Law: Jurisdiction and Limitation

Week 16

14/10/19

Lecture 34 - Liability without Fault: Law Relating to Compensation to the Motor Accident Victims before and after 1956

Lecture 35 - Absolute Liability in Automobile Cases and the Judicial Pronouncements and Eighty Fifth Report of the Law

Commission of India on No-Fault Liability

Week 17

21/10/19

Topic 10: Conclusion- Course review

Lecture 36 - Course Review

4. READING AND MATERIALS

A. Textbook

Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore and Guru Prasanna Singh, “Ratanlal & Dhirajlal's the Law of Torts”, Lexis Nexis, Gurgaon: 2014

Percy Henry Winfield, J.A. Jolowicz and T. Ellis Lewis, “Winfield on Tort”,

Sweet and Maxwell: 18th Edition: 2010 John William Salmond, “Salmond on the Law of Torts”, Sweet & Maxwell,

16th Edition: 1973 Heuston Salmond, “The Law of Torts”, Universal Law Publishing Co Ltd: 2004 Edward White, “Tort Law in America: An Intellectual History”, Oxford

University Press: 2003 Frederick Pollock, “The Law of Torts: A Treatise on the Principles of

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Obligations Arising from Civil Wrongs in the Common Law: To which is Added the Draft of a Code of Civil Wrongs Prepared for the Government of India”,

BiblioBazaar: 2008 Jenny Steele, “Tort Law: Text, Cases and Materials”, Oxford University Press,

3rd Edition: 2014 Vivienne Harpwood, “Modern Tort Law”, Rutledge: 2008 Carl F. Cranor, “Toxic Torts: Science, Law and the Possibility of Justice”,

Cambridge University Press: 2006 Gerald Boston, Stuart M. Madden and M. Stuart Madden, “Law of

Environmental and Toxic Torts: Cases, Materials and Problems”, West Publishing Company: 2005

Videh Upadhyay, “Public Interest Litigation in India: Concepts, Cases and

Concerns”, LexisNexis Butterworths: 2007 Jai Narain Pandey, “Law of Torts: With Consumer Protection Act, 1986 and

Motor Vehicles Act, 1988”, Central Law Publication: 2002 Kenny, Courtney Stanhope, „A Selection of Cases Illustrative of the English

Law of Tort‟, Cambridge University Press, London: 1928

Stewart, Pamela, „Australian Principle of Tort Law‟, The Federation Press, Annandale, NSW: 2012

Kidner, Richard, „Casebook on Torts‟, New Delhi: 2012 Clerk, J F, „Clerk & Lindsell on Torts‟, Sweet & Maxwell, London: 2013

Clerk, JF, Lindsell, William Henry Barber, „Clerk & Lindsell on Torts‟, Sweet & Maxwell, London: 2009

„Emerging Issues in Tort Law‟, Oxford Hart Publishing: 2007

Dam, Cees Van, „European Tort Law‟, Oxford University Press, Oxford: 2014 Singh, Avtar, „Introduction to Law of Torts‟, Lexis Nexis Butterworths

Wadhwa, Nagpur: 2009 Singh, Avtar, „Introduction to the Law of Torts and Consumer Protection‟,

Lexis Nexis, Nagpur: 2013

Singh, S. P., „ Law of Tort‟, Universal Law Publishing, New Delhi: 2010 Oliphant, Ken, „Law of Tort‟, Lexis Nexis, Gurgaon: 2013

Pillai, P S & Singh, Avtar, „Law of Tort‟, Eastern Book Company, Lucknow: 2011

Arun Kumar, „Law of Torts‟, Universal Law Publishing Co., New Delhi: 2010

Pandey, J N, „Law of Torts with Consumer Protection Act, 1986‟, Central Law Publications, Allahabad: 2011 Pandey, J N & Vijay Kumar, „Law of torts with

Consumer Protection Act, 1986 and Motor Vehicles Act, 1988‟, Central Law Publications, Allahabad: 200

Ramaswamy Iyer, S., „Law of Torts‟, LexisNexis Butterworths, New Delhi:

2010 Gandhi, B. M., „Law of Torts‟, Eastern Book Company, Lucknow: 2014

Singh, S P., „Law of Torts including Compensation Under the Consumer Protection Act‟, Universal Law Publishing, New Delhi: 2012

Deakin, S. F., „Markesinis and Deakin‟s Tort Law‟, Clarendon Press, New

York: Oxford University Press, Oxford: 2008 Deakin, S. F., „Markesinis and Deakin‟s Tort Law‟, Oxford University Press,

Oxford: 2008 „Philosophical Foundations of the Law of Torts‟, Oxford University Press,

Oxford: 2014

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Murphy, John, „Street on Torts‟, Oxford University Press, Oxford: 2012 Hedley, Steve, „Tort‟, Oxford University Press, New York: 2011

Giliker, Paula and Beckwith, Silas, „Tort‟, Sweet & Maxwell, London: 2011 Bermingham, Vera, „Tort Law‟, Oxford University Press, Oxford: 2012

McBride, Nicholas J., „Tort Law‟, Pearson Education, New Delhi: 2001 Hodge, Sue, „Tort Law‟, Routledge, New York: 2004 Finch, Emily, „Tort Law‟, Harlow, England: Pearson Longman, New York:

2013 N.R. Madhava Menon, “Documents and Court Opinions on Bhopal Gas Leak

Disaster Case”, National Law School of Indian University: 1991 Upendra Baxi, Thomas Paul, “Mass Disaster and Multinational Liability: the

Bhopal Case”, N.M. Tripathi: 1986

Upendra Baxi, Amita Dhanda and Indian Law Institute, “Valiant Victims and Lethal Litigation: the Bhopal Case”, N.M. Tripathi: 1990

Horsey, Kirsty, „Tort Law‟, Oxford University Press, Oxford: 2013 Lunney, Mark, „Tort Law‟, Oxford University Press, Oxford: 2013 „Tort Law‟,

HART Publishing, UK: 2013

Steele, Jenny, „Tort Law‟, Oxford University Press, Oxford: 2014 Beez, Beau, „Tort Law in the United States‟, Wolters Kluwer, U.S.A.: 2014

Mullis, Alistair and Oliphant, Ken, „Torts‟, Basingstoke Palgrave Macmillan: 2011

Harlow, Carol, „Understanding Tort Law‟, Sweet & Maxwell, London: 2005 Avtar Singh, “Law of Consumer Protection: Principles and Practice Being a

Study of the Consumer Protection Act, 1986”, Eastern Book Co.: 2005

P. K. Majumdar, “Law of Consumer Protection in India”, Orient Publishing Company: 2002

Barowalia, “Commentary on the Consumer Protection Act, 1986”, Universal Law Publishing Co. Pvt. Ltd.: 2002

Jenny B. Wahl, “Economic Analysis of Tort and Products Liability Law: A

Collection of Essays & Cases (Law and Economics)”, Routledge: 1998 Gregory L. Fowler and Aspatore Books, “International Product Liability Law:

A Worldwide Desk Reference Featuring Product Liability Laws & Customs in 50+ Countries”, Aspatore Books: 2003

Jai Narain Pandey, “Law of Torts: With Consumer Protection Act, 1986 and

Motor Vehicles Act, 1988”, Central Law Publication: 2002 Anand Swarup Bhatnagar, “How to Claim, Contest and Assess Motor

Accident Compensation under the Motor Vehicles Act, 1988 as Amended by the Motor Vehicles (Amendment) Act, 1994 and the Motor Vehicles (Amendment) Act, 2000”, Orient Law House (2005)

Sengupta, “The Motor Vehicles Act & Rules”, Dwivedi Publishing Company: 2007

D.K. Ganguly, “The Motor Vehicles Act, 1988”, CTJ Publications: 2007 Note:

The above list is indicative and not exhaustive. Earlier editions of a number of the above texts might also be available and

can be consulted once account is taken of their datedness, particularly as to applicable case law.

11

These texts were selected because they provide in one volume a combination of text, cases and materials, designed to be read as a whole i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much more to the Tort law than this, and you will undoubtedly benefit from undertaking

some reading and study of your own. It is creditable if you, in respect of the proper use of independent research and study, follow up in the Law Library some of the case references, periodical articles or other material referred to in the prime

textbook or in class – or even to do some research of your own. A good resource to use is the Law of Torts section of Symbiosis Law Library and online databases such

as Westlaw International, Ebrary, LexisNexis and Manupatra available on campus network. Further, I will make available articles by eminent scholars in this field to on „Library‟ @Curiosity, provided Copyright policy of the publisher of those articles

permits. For supplementary reading, you could, for instance, begin by consulting the relevant sections of the “alternative” texts placed on loan in the law library.

Thereafter you could engage in your own research, with particular reference to journals on online databases.

5. ASSESSMENT: COURSEWORK = 100%

You will be examined in this course by Internal (40%) and External Assessment

(60%) format. Internal examination will be conducted for 30 marks. It will include one tutorial (20 marks), a Research Project (5 marks) and Viva-Voce (5 marks).

The Symbiosis International (Deemed University) will conduct external written examination for 45 marks. It consists of five objectives (2 marks each=10 marks)

and 3 subjective/cases and open problems/questions 10 Marks each with an alternative (30 marks) and 1 short answer question of 5 marks with an alternative (Total 45).

6. INTERNAL ASSESSMENT MODE

Internal Assessment (30 Marks) will include:

A. Mode of First Internal Assessment – Research Project (Long Term Paper) 10 Marks

B. Mode of Second Internal Assessment - Tutorial (Open Book Examination) 20 Marks

A. Research Project Mode & Timetable:

Research project is aimed at improving the writing, research, and communication and presentation skills to make students learning academically more challenging and rigorous than standard lecture and test format courses. It also aims at

promoting scholarship in this significant field of law, which has gained much momentum in practice but often lacks solid theoretical underpinnings due to lack or

inadequacy of statutory provisions. It further aims to enhance learning capability by research amongst the learners, creative a forum for enhancing a greater dialogue between the scholarly community, policymakers and practitioners. The details

12

about the rules of submission are annexed with this document. (Refer to Annexure A) It is further informed that learners must use „Harvard APA

Referencing System‟.

The learner is supposed to prepare a project on the given legal topic. The course-in charge will allot each learner a unique topic on the designated date in the class. No public announcement shall be made regarding this. The learner is

required to see the course in charge in person after the class and sign the allotment sheet after duly noting their allotted topic.

The learner is required to reflect on the basics of the given topic in 500 words, identify two scholarly legal articles from reputed legal journals that talks about

the nuances of the given topic and review them in not more than 500 words each. Apart from this, the learner is required to identify at least one landmark

case related to the given topic and analyse it with the help of the IRAC method in 1000 words.

Project – Submission – Guidelines:

Please note that you are required to submit to Course in charge Mr. Ankur Sharma, Assistant Professor a hard copy of your project on or before the date of submission.

The project should not be of more than 2500 words. The project should be typed on both the sides of A4 size sheet of the paper and it should be stapled properly. Use of spiral Binding/plastic covers are strongly discouraged.

It should comprise of Details of the Learner (Name, PRN, Division and Programme).

The project should be accompanied with Turnitin generated plagiarism report. No submission will be accepted without plagiarism report. Only after Plagiarism check, the project will be evaluated for 10 marks. As per the anti-plagiarism, the projects

with more than 20% plagiarized content shall be marked “zero‟.

Note: Please make sure to rename the project file on your name and PRN Number

before uploading it the Turnitin software.

Example: Narendra_Modi_23052019.docx Late submission will attract penalty of 2 marks per day.

The timetable of the research project is as follows: Project:

Assignment

Submission

Result

July 04, 2019

August 06 , 2019

August 13, 2019

13

B. Tutorial:

The tutorial will give you an opportunity for assessing your learning of Law of Torts,

MV Accident and Consumer Protection Laws. Tutorial also provide you with an opportunity to develop written skills of presentation and reasoned argument. Lack of preparation and a fortiori non-attendance will mean that you will fail to make the

most of the learning opportunities provided by tutorial.

Students are asked to pay particular attention to the technique of dealing with Law of Torts problems because the principal focus of a written test will be on recent situations on Law of Torts. This will require study, IN ADVANCE OF THE TUTORIAL,

of the relevant sections of suggested readings and the relevant case law. It is aimed at improving the writing, research, communication, and presentation skills.

It is an Open Book Examination i.e. examinees are allowed to bring and use any material including Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It does not include use of any electronic gadgets, machine or alike

material. Tutorial will comprise of minimum 2 questions based on hypothetical situation.

Tutorial:

Process: To understand the method, two online sessions (situation based) with the use of Banyan Tree @Curiosity, will be conducted as follows:

Tutorial

Date

Topic

Test

Result

One

August 27, 2019

September 05, 2019

Topics: From Topic

1 to 4

14

Tutorial – Online Sessions @Banyan Tree

Session

Begins

Ends

Attendance

Date & Time

Date & Time

I

July 26 , 2019 @ 08:00pm

July 28, 2019 @ 08:00pm

One Lecture

II

August 19, 2019 @08:00pm

August 21, 2019 @08:00pm

One Lecture

Both these sessions are COMPULSORY for all learners. Your quality response/answer/reply within stipulated Date and Time allotted should be

submitted. Those, who will respond/answer/reply within stipulated Date and Time allotted, will be granted attendance for „One Lecture‟. No response from a learner will result in absentee of the said learner. Please remember attendance so granted

for the session/s will form part of the total lectures and thus attendance.

7. ADMINISTRATIVE ARRANGEMENTS

The Course in Charge (Tutor) for Law of Torts and MV Accident and Consumer Protection Laws-I is Mr. Ankur Sharma, Assistant Professor. Should you have any

problems with your work, please see your tutor in the first instance. 8. OFFICE HOURS AND CONTACT INFORMATION

If few doubts remain, please contact us via e-mail: [email protected]

Please do speak up during this class! We want each of you to glean as much from these readings and our discussions as possible. This is why we are not relying on the traditional method of testing. Remember that there is no such thing as a

"stupid question", provided it is relevant to the subject matter. We welcome your questions and your comments.

========================

mailto:[email protected]

15

Annexure A

Enclosure A: Guidelines for Projects

Law of Torts, MV Accident and Consumer Protection Laws I

The Maximum Marks for the project are 10 marks

The final copy of the project should be presented in accordance with the following specifications:

o The paper used for printing shall be of A4 size.

o Printing shall be in a standardized form, on both sides of the paper and in

one and a half spacing.

Font: Verdana

Font Size: Main Heading 16(Bold), Sub Heading 14(Bold) and text 12. Alignment: Justified.

MS Word: 20037 Version, Page layout: left1.5 cm, toprightbottom

1 cm. Word Limit: 20002500 Maximum

A margin of oneandahalf inches shall be left on the left hand side.

The title of the project, name of the candidate, degree, faculty, university, month and year of submission, and the name of the research guide with his/her

designation and full official address shall be printed on the first page and on the front cover as given in Appendix „A‟.

A certificate (Appendix „B‟) affirming that the research work of the candidate is original, and that the material, if any, borrowed from other sources and

incorporated in the project submission has been duly acknowledged should be signed by the candidate. It should also state that the candidate himself/herself would be held responsible and accountable for plagiarism, if any, detected later

on.

The first few pages of the projectsubmission should be given as per Appendix „C‟.

Bibliography should be written alphabetically.

16

Appendix „A‟ – Front-Page and Cover

Title of the project (centered on two or more lines)

Submitted by

Name of the candidate

Class…..Division……….PRN…….

of Symbiosis Law School, NOIDA

Symbiosis International(Deemed University) , PUNE

In Month, year

Under the guidance of

Name of guide

Designation and official address of research guide

17

Appendix „B‟ – Certificate

C E R T I F I C A T E

The project entitled “----------------

---”submitted to the Symbiosis Law School, NOIDA for Law of Torts, MV Accident and Consumer Protection Laws I as part of

Internal assessment is based on my original work carried out under the guidance of__________________________ from____________to ______. The research

work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the research has

been duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on.

Signature of the candidate

Date

18

Appendix „C‟ – first few pages

The first few pages of the research project should be as under: Page 1 Title page (Appendix „A‟)

Page 2 - Certificate (Appendix „B‟) signed by candidate

Page 3 Acknowledgements

Page 4 Index

Page 5 List of Tables (If any) Page 6 List of Cases (If any)

Page 7 Bibliography

1

Teaching Plan

Foundations of Ethics

Semester I

Batch 2019-24

By

Dr. Garima Yadav

Academic Year 2019-20

(Session: July 2019- October 2019)

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

2

1. INTRODUCTION

Ethics, also known as moral philosophy, is a branch of Philosophy that involves

systematizing, defending, and recommending concepts of right and wrong behavior.

Ethics are a central component of any happy, healthy, and mature life. The subject

matter of this course is the Foundation of Ethics, introducing the concept of a

philosophical study of morality.


To explain the basic concepts of Ethics.

To make students understand ethical behavior through different moral

philosophies.

To summarize different Ethical Theories and enable students to logically interpret

ethical questions accordingly.

To introduce students to western and Indian philosophical literature.

Knowledge:

The nature and characteristics of a life of excellence; the ultimate worth of the goals

we seek; and the right path to obtain those goals are simple questions that cloud the

mind of every reasonably rational individual and answers to these questions are most

difficult to find. The course is an attempt to logically seek answers to these questions

backed with adequate in depth knowledge of the popular ethical theories.

Skills:

The course is also designed to help students develop their ability to read, explicate,

analyze and evaluate philosophical literature, write and express their ethical positions,

as well as think critically and analyze ethical issues. A skill that is expected to incur

wide ranging benefits for a professional in the field of Law.

Outcomes:

Some may question the value benefit of studying ethics and living an ethical life. If we

could ignore ethics we would lead a life addressing all personal demands and that

certainly makes life simpler. However there are reasons that can make one resist this

line of thought.

Ethics allow an authentic life: An authentic and meaningful life requires you to

live with a sense of integrity. Integrity stands for making commitments and

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sticking to them in all circumstances. Having a firm character or set of principles

to guide your life and the choices you make is what ethics is all about.

Ethics lead to success: It may seem that ethical behavior is a limitation, but the

truth is quite different. Ethical people embody traits that unethical people have

to work at to fake — they‘re honest, trustworthy, loyal, and caring. As a result,

ethical people are perfectly suited not only for interpersonal relationships

generally, but also more specifically for the kinds of interactions that make for a

thriving business or profession.

Ethics allow cultivation of inner peace. Lives led ethically tend to be calmer,

more focused, and more productive than those lived unethically. Most people

can‘t turn off their sympathy for other human beings. Hurting people leaves

scars on both the giver and the receiver. As a result, unethical people have

stormier internal lives because they have to work to suppress their consciences

and sympathies to deal with the ways they treat others. When they fail to

suppress their sympathy, the guilt and shame within the wrongdoer takes a toll

over him.

Ethics promote a stable society: Leading ethical lives, people tell the truth, avoid

harming others, and are generous. Working with such people is easy. On the other

hand, callous and insensitive people are distrusted, so it‘s difficult for them to be

integrated well into social arrangements. A stable society requires a lot of ethical

people working together in coordination. An unethical society would easily crumble.

Ethics may add credit to the afterlife: No one can be sure about an eternal life,

however almost every faith promotes ethical living for reaping benefits in the

next life.

Learning Outcome (s):

Ability to compare and contrast between different ethical standpoints.

Ability to relate moral philosophies with day to day happenings and resolve

ethical dilemmas if any.

Ability to understand the relationship between law and ethics.

Ability to demonstrate understanding of legal facts and ideas in the light of

Ethical Theories and Moral Philosophy.

4

Final Outcome

Assessment is by compulsory coursework examination (100% Internal Assessment)

by the Symbiosis International (Deemed University).

3. LECTURES

A. Time and Attendance

One- two lecture times have been set aside for this course for each division. Verify it

from the timetable assigned for each division. Lecture outlines, principally in the form

of PowerPoint slides, will be made available in ‘The Library’ on ‘Curiosity’ Portal at

http://slsnoida.curiositylive.com In addition, Session Plan/Course Material will be also

be provided containing Suggested Reading such as Books; Journal Articles related to

the course. To facilitate your understanding of these lectures, you should always read

at least the relevant pages of suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations, please

note, “Students are expected to attend minimum 75% of all scheduled

sessions and other forms of instruction as defined by the programme of

study.”

You are notified that two online sessions with the help of ‘Banyan Tree @Curiosity’ will

be conducted for Tutorial. We will be expecting your response/ answer/ reply within

stipulated time given. Those, who will respond/answer/ reply within stipulated time

given shall be granted attendance for one lecture each. This activity is compulsory

for all and attendance so granted will form part of the total attendance.

The student will not be eligible to appear for the examination if he / she fail to put in

the required attendance. The Students can update themselves of their attendance

daily online in ‘Attendance’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com

B. Notifications:

Learners are informed that notice/s, if required, with respect to Academic-

Administration, either by Course-in-Charge or Faculty-In-Charge, Academic

Coordination will be sent using ‘Owl@Curiosity’. No notifications will be published by

Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner using

‘Library@Curiosity’. You are required to keep yourself duly informed.



5

C. Lectures:

Week Lecture

No.

Topics

Week 1

July 01, 2019

1. TOPIC 1: INTRODUCTION Syllabus Preview / Teaching Plan Discussion

Week 2 July 08,

2019

2. Branches of Philosophy; Meaning and definition of Ethics;

Week 3

July 15, 2019

3. Basic concepts in Ethics: Good, Right, Duty, Justice, Value, Virtue

Week 4 July 22,

2019

4. Western Moral Philosophy

Greek Philosophy: Socrates, Plato, Aristotle

Week 5

July 29, 2019



Week 6

August 05, 2019



Week 7

August 12, 2019

7. Consequentialism(Utilitarianism), Deontology(Kant)

8. Consequentialism(Utilitarianism), Deontology(Kant)

Week 8 August 19,

2019

9. Indian Moral Philosophy

Theory of Purusharthas: Dharma, Artha, Kama, Moksha

10. Indian Moral Philosophy Theory of Purusharthas: Dharma, Artha, Kama,

Moksha

Week 9 August 26,

2019

11. Indian Moral Philosophy Theory of Purusharthas: Dharma, Artha, Kama,

Moksha

12. Concept of Dharma- Vedas and Mahabharata. Classification of Dharma.

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Week 10

September 02,

2019

13. Concept of Dharma- Vedas and Mahabharata.

Classification of Dharma.

14. Ethical Theories

A. Moral Relativism

Week 11

September 09, 2019

15. B. Moral Idealism

Week 12

September 16, 2019

16. C. Moral Realism

Week 13

September 23, 2019

17. D. Moral Legalism

18.

Ethical Dilemmas

Week 14 September 30,

2019

19.

Ethical Dilemmas

Week 15 October 07,

2019

20. Documentary Screening

21.

Documentary Screening

Week 16

October 14, 2019

22.

Discussion and Debate

Week 17

October 21, 2019

23.

Documentary Screening

24. Discussion

A. Textbooks

Suggested Readings

Boss, Judith A.,Ethics for Life: A text with reading (4th

edition), Boston,M.A.,

McGraw Hill, (2008)

Ranganathan, Shyam, Ethics and the History of Indian Philosophy, Motilal

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Banarsidass, (2006)

Goodchild, LesterF., Towards a foundational normative in Business Ethics. Journal of

Business Ethics,5,485-499,(1986)

Johnson, W.Brad & Ridley, CharlesR.,The elements of Ethics for professionals,

Newyork,NY:Palgrave Macmillan,(2008)

Markkula Centre for applied Ethics, A Framework for thinking ethically. Santa Clara

CA: Santa Clara University, (2009)

V.S. Lalrinawma, Major faith traditions in India, I.S.P.C.K. (Organization) (2007)

The Oxford Handbook of Ethical Theory (978-0-19-532591-1) David Copp, Oxford

University Press

International encyclopedia of ethics (81-219-1945-2) Fitzroy d publishers, S Chand

Publication

Jayshree, Suresh , B.S. Raghavan, Human values and professional ethics (81-219-

2452-9) S.Chand

Richard L. Daft, Leadership (9788131504895), Cengage Learning

Roger T. Ames, The Analects of Confucius: A Philosophical Translation

(9780345434074), Ballantine Books

David L. Hall, Roger T. Ames, Thinking Through Confucius (978-0-88706-377-0)

SUNY Press

Oliver A. Johnson , Ethics: Selections from Classical and Contemporary Writers

(9780538452823), Cengage Learning

James Rachels, Stuart Rachels, The Right Thing to Do: Basic Readings in Moral

Philosophy, Tata McGraw Hill

B. Journals/Magazines

The Journal of Ethics, Springer

Legal Ethics, Hart Publishing, Oxford

Journal of Business Ethics

Journal of Ethics & Social Philosophy

Journal of Moral Education

The Online Library of Liberty (hard copy available in the Library)

8


Internal Assessment: There will be three modes for Internal Assessment. Each

student will have to attempt each of the modes on all the occasion. The details for the

same are as follows:

A. First Internal Assessment – Project (Term Paper) (10 Marks)

B. Second Internal Assessment – Tutorial -Open Book Written Examination

(20 marks)

C. Third Internal Assessment – Essay writing and Viva (20 Marks)

6. Internal Assessment Mode and Schedule

A. Project Mode and Schedule

Project (10Marks) is aimed at improving the writing, research, and communication

and presentation skills to make student’s learning, academically more challenging and

rigorous than standard lecture and test format courses. The topics of the project shall

be provided to learner by July 04, 2019 by the Course-in-Charge through

library@curiosity.

The learner is expected to reflect on the topic and write a 2500 words paper/essay on

the topic highlighting the different facets of the topics. The term paper/ essay shall

include: Introduction; Three main themes/ issues/questions on which the essay is

going to focus; Views of the learner along with the review of literature; and

Conclusion.

The word limit has to be strictly adhered and any form of plagiarism is not allowed. As

per the Anti-plagiarism policy, all projects shall be subject to plagiarism check vide

the “Turn-it In‟ software. Project/s with more than 15% plagiarized content shall be

marked “zero‟. Turnitin report for plagiarism needs to be attached with the final

submission. Turnitin report highlighting content similarity of more than 15% shall

invite strict actions and the learner shall be awarded “zero” marks for the project.

Despite the report’s content similarity being lower, if the Course-in-charge identifies

any form of plagiarism, undetected by Turnitin, the learner will have to face a penalty

of negative marking (Negative marking of up to 05 marks).

The submission shall be accepted only in Print form with no spiral binding and any

other file or plastic cover. The print strictly needs to be on both side of the paper. The

cover page template is annexed with this document (Refer to Annexure A).

9

Note:

The final project report shall be printed on both sides of the A-4

Late-Submissions will invite negative marking of 03 marks per day.

It is further informed that learners must use “Harvard APA Referencing System‟.

Project Schedule

Assignment Date July 04, 2019

Submission Date August 12, 2019

Result Date August 20, 2019

The time and venue for the submission shall be notified through Owl@curiosity

B. Tutorial Mode and Schedule:

There will be one tutorial of 20 marks, minimum two questions of 10 marks each.

The tutorial will be “Open Book Test”. It is designed to ensure that the learners

practice their ability to reflect and relate theories and improve their expression

style in writing.

It is aims at improving the writing, research, communication, and presentation

skills. It is Open Book Examination i.e. examinees are allowed to bring and use

any material including Books, Articles, Hand Written Notes, Hand Outs and alike

printed material. It does not include use of any electronic gadgets, machine or

alike material.

Sr.

No.

Tutorial Date Result Date Topic

1. September 03 , 2019 September 10 , 2019

Basic Concepts of ethics

Indian Moral Philosophy

Western Moral Philosophy

10

Banyan tree Sessions:

Process: You are notified that two online sessions with the help of “Banyan Tree

@Curiosity‟ will be conducted for Tutorial. This activity is compulsory for all and

attendance so granted will form part of the total attendance. Both these sessions

are COMPULSORY for all learners. Your quality response/answer/reply within

stipulated Date and Time allotted should be submitted. Those, who will

respond/answer/reply within stipulated Date and Time allotted, will be granted

attendance for “One Lecture‟. No response from a learner will result in absentee of

the said learner. Please remember attendance so granted for the session/s will

form part of the total lectures and thus attendance.

Schedule – Banyan Tree Discussion as Preparation Sessions

Session I

Session II

Date of Uploading

‘query’ by the

faculty

August 01, 2019 @ 8:00 pm

August 17, 2019

@ 8:00 pm

Last-date for

uploading reply

by the students

August 03, 2019

@ 8:00 pm

August 19, 2019

@ 8:00 pm

C. Third Internal Assessment – Essay writing and Viva (20 Marks)

The third assessment is a combination of two exercises namely Essay and viva-voce.

Essay shall be evaluated out of 10 marks and Viva-voce will be of 10 marks. For the

essay it is expected that the learner will critically analyze the writings of philosophers

and express his/her views on a given topic or issue. The topic of the essay shall be

provided on September 06, 2019 through OWL @ curiosity.

Evaluation criterion includes: Punctuality (02 marks); Clarity of thoughts and Expression

style (03 marks); Ability to relate/reflect on their life with the theories and concepts

discussed in the class (05 marks).

Name, PRN, Division, Batch shall be written on the right-hand top corner of both the

submission.

The submissions shall be printed on both sides of the A-4 sheet.

Essay needs to be submitted on September 09, 2019. The time and venue for

11

the submission shall be notified through Owl@curiosity

The Viva-Voce will cover the entire topic covered in the class till September 10, 2019

and also the essay written by the learner. The evaluation criterion for the viva-voce

includes:

The viva voce examination will normally last 10 minutes and will be

marked by course-in-charge.

Strict Adherence to the schedule. If the learner is not present on the date of Viva-

voce they will be marked as “Zero”

Mark Range

Viva- Voce Performance

9-10

In depth knowledge and a thorough understanding of most aspects, with some ability to extend the discussion into difficult or unfamiliar areas.

7-9

Understanding and knowledge of most aspects in some depth, with the ability to encompass the discussion so as to make relevant links between

theory and practice.

4-6

Exhibits a relatively superficial knowledge and understanding of most aspects, with the ability to make relatively simple links between theory

and practice.

1-3 Miniature knowledge or understanding shown.

Schedule of VIVA VOCE:

Time: 02:00p.m. Onwards

DIVISION A

1-22 September 20, 2019

23-44 September 23, 2019

45 onwards September 24, 2019

DIVISION B

1-22 September 25, 2019

23-44 September 26, 2019


DIVISION C

12

1-22 September 30, 2019

23-44 October 01, 2019

45 onwards October 03, 2019

DIVISION D

1-22 September 12, 2019

23-44 September 13, 2019


DIVISION E

1-22 September 17, 2019

23-44 September 18, 2019



The course in charge for Sociology is Dr. Garima Yadav. In case you face any

problem in dealing with the subject, feel free to contact the concerned faculty.

8. OFFICE HOURS AND CONTACT INFORMATION

In case of any doubts or queries do not hesitate to contact the faculty In-Charge.

Please E-mail: [email protected] . You may fix an appointment to

meet in person.


13

Annexure A


Submitted by


Division.... PRN....Batch...

Sociology


Symbiosis International (Deemed University)

In

Month, year


Dr Garima Yadav

Foundations of Ethics

Course-in-Charge

Teaching Plan

Family Law - I

Semester – III

Batch – 2018-23

(Academic Year – 2019-20)

By

Dr. Mohit Sharma (Associate Professor)

&

Ms. Deepali Sahoo (Assistant Professor)


Symbiosis International (Deemed University),

Pune

December, 2018 – April, 2019

1. INTRODUCTION

Learning of Family Law provides an in-depth study and knowledge of different

personal laws based on social and religious customs. It deals with the personal laws in

India. Our objective is to study the different personal laws in India and how they have

evolved in response to the shifting panorama of strategies that people employ to live

together.

Learning of Family Law provides an in-depth study and knowledge of different

personal laws based on social and religious customs. It deals with the codified and un-

codified personal laws in India. Our objective while learning Family Law is to study

the different personal laws in India and their evolution in response to the shifting

panorama of strategies that people employ to live together. The Law relating to family

matters is immensely important for every individual. It is Family Law that regulates

interpersonal relationships whenever a dispute of legal nature arises. The present course

i.e., Family Law I involves a critical and comparative study of different personal laws

governing law on Marriage, Divorce and Maintenance. Courts and the legislatures have

always been able to fit traditional family law principle into realities of the modern life.


The course aims at providing an understanding of different personal laws that touches

upon lives of people in their personal & private sphere. It gives an in-depth understanding

of Family law of different communities and to know the law of each one of them. Course

aims at knowing, understanding and analyzing recent changes in this branch by

appreciating dynamic nature of this branch of law. Course structure enables student to

analyze and to give a critical approach.

A. Knowledge

The overall objective of this course is to enable the learner to:

(i) Demonstrate knowledge and understanding of Laws which regulate the family

relation which often conflict with each other and

(ii) Demonstrate a comprehensive and accurate knowledge and understanding of the

details of legal concepts and doctrines in the family laws developed through

different judicial decisions.

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B. Skills

The overall objective of this undergraduate course is to inculcate the learner with the

following set of skills: general cognitive intellectual skills; general

communicative/employability skills; and subject specific skills.

Cognitive:

Family Law will demand that students have the capacity to demonstrate insight in

presenting materials drawn from a wide and sometimes contradictory range of primary

and secondary sources and doctrinal commentary; and to demonstrate an ability to

produce a synthesis of those materials that offers a personal and informed criticism.

Employability:

Family Law will demand that students have the capacity to be able to write and use orally

fluent and complex prose; using legal terminology with scrupulous care and accuracy.

Subject Specific:

Family Law will demand an ability to identify and select key relevant theories and to

apply that knowledge with clarity to difficult situation of significant legal complexity; to

analyses problem and to produce well-supported conclusions in relation to them.

C. Outcomes:

Two key skills will be highlighted by this course (a) case synthesis/problem solving and

(b) independent research. These skills will be central to the learners‟ success in

completing this course‟s scheme of assessment.

Case Synthesis/Problem solving:

In preparing for tutorials, the learner would be asked to read, analyze and synthesize a

number of cases. The learner would also be asked to use that knowledge to support

his/her answer to a number of hypothetical, factual or problem scenarios. In preparing

properly for tutorials, the learner will be preparing properly for the end of term

assessment.

Independent research work:

In preparing for the course work assignment, particular emphasis will be placed on

independent learning i.e., the ability to take initiative in the design (individualized

approach or plan of action) and research (external legal and non-legal sources) of the

stated project.

The course work in question is deliberately broadly drawn, and is designed to challenge

the learner in this regard.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External=

100%) under the auspices of the Symbiosis International (Deemed University), Pune.

3. LECTURES


Three lectures per week have been set aside for this course for each division. Verify it

from the timetable assigned for each division. Lecture outlines, principally in the form

of PowerPoint slides, and relevant study/reading material will be made available in

„The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com. To facilitate

your understanding of these lectures, you should always read at least the relevant pages

of suggested readings in advance of each lecture.

In addition to regular classes, two Banyan Tree sessions will be conducted which will

form part of attendance as well. Pl. refer to the Banyan Tree Sessions schedule as given

under Tutorial- Mode and Schedule.

As per Symbiosis International (Deemed University) Regulations, please note,

“Students are expected to attend minimum 75% of all scheduled sessions and

other forms of instruction as defined by the programme of study.”


the required attendance. The Students can update themselves of their attendance daily

online in „Attendance‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.

B. Notifications:



Coordination will be sent using „Owl@Curiosity‟. No notifications will be published by

Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner using

„Library@Curiosity‟. You are required to keep yourself duly informed.

https://slsnoida.curiositylive.com/


C. Lecture Outline:

Students are advised to carry their personal copy of the Bare Act.

Week Lecture Topics

Week – 01:

02-07-2019

Lecture-1 Syllabus Synopsis

Lecture-2 Topic 1: Nature and Scope of Personal Laws

Sources of Personal Law in India

Lecture-3

Topic 1: Nature and Scope of Personal Laws

Comparison of Personal Law with

Constitution of India

And Unification of Personal Laws

Week – 02:

08-07-2019

Lecture-4 Discussion and Conclusion of Nature and

Scope of Personal Laws

Lecture-5 Assignment Discussion 09.07.2019

Lecture-6 Topic 2: Marriage and its new concept with

trends

Requisite formalities- Right to Marry

Week – 03:

15-07-2019


trends

Live-in-relationship ,pre-marital sex


trends

NRI marriage and Prohibition of Child

Marriage


trends

Discussion and Conclusive remarks on the

concept of Marriage

Week – 04:

22-07-2019

Lecture-10

Topic 3: Marriage under Hindu Law

Hindu Marriage Act 1955

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Lecture-11 Topic 3: Marriage under Hindu Law

Capacity of Marriage and Types

Lecture-12 Topic 3: Marriage under Hindu Law

Validity of Hindu Marriage under the Act and

Conclusive remark

Week – 05:

29-07-2019

Lecture-13 Topic 4: Marriage Under Muslim Law

Concept of Nikah and Types


Concept of Mehr


Concept of Muta Marriage

Week – 06:

05-08-2019


Discussion and Conclusive remarks of Nikah

under Muslim Law

Lecture-17 Topic 5: Inheritance : Marriage Under

Christian and Parsi Law

Historical Perspective of Marriage under

Christianity and its new concept



Historical Perspective of Marriage under Parsis

and its new concept

Week – 07:

12-08-2019



Discussion and Conclusive remarks

Lecture-20 Topic 6: Special Marriage Act 1954

New Trends in the concept of SMA 1954


New trends relating to Special Marriage Act

1954

Week – 08:


Foreign Marriage Act

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19-08-2019

Lecture-23 Topic 7: Matrimonial Remedies in Indian

Personal Law

Restitution of Conjugal Rights


Personal Law

Judicial Separation

Week – 09:

26-08-2019

Lecture-25

Topic 7: Matrimonial Remedies in Indian

Personal Law

Dissolution of Marriage with its Conditions


Personal Law

Divorce By Mutual consent and other ways


Personal Law

Irretrievable breakdown of Marriage

Week – 10:

02-09-2019

Lecture-28

Topic 7: Matrimonial Remedies in Indian

Personal Law

Discussion and Conclusive Remarks of

Matrimonial Remedies

Lecture-29

Topic 8: Law of Alimony and Maintenance

Concept of Maintenance in Personal Laws

Lecture-30 Topic 8: Law of Alimony and Maintenance

Substantive rights and issues with procedural

aspects

Week – 11:

09-09-2019

Lecture 31 Topic 8: Law of Alimony and Maintenance

A review under different personal laws


Maintenance under Muslim Law


Maintenance under Live-in-relationship

Week – 12:


Discussion and conclusive remarks on

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16-09-2019 maintainance

Lecture-35 Topic 9: The Protection of Women from

Domestic Violence Act 2005

Its concept with new trends, definition of

Domestic Violence



Powers and duties of Protection Officer

Week – 13:

23-09-2019


Domestic Violence Act

Powers and Reliefs under the Act



New laws in relation to Indian Penal Code



New laws and role in case of Criminal

Procedure Code

Week – 14:

30-09-2019

Lecture-40

Topic 9: The Protection of Women from


Discussion and Conclusive remarks of

Domestic Violence

Lecture-41 Topic 10: Dispute Resolution System under

Family Law: Jurisdiction and Procedure

Need for development of Law and emerging

trends



Civil; Suits nature of Matrimonial and Family

Law Litigations in India

Week – 15:

07-10-2019



Impediments to the formulation of the Uniform

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Civil Code and Family Courts



Objective of introducing Family Courts Act

1984



Trans-national Disputes

Week – 16:

14-10-2019



Comparative Analysis of personal laws in India

and in Muslim Countries relating to family

courts law



Comparative study between Hindu and

Muslim Law relating to Family Courts



Discussion and Conclusive remarks on Family

court jurisdictions

Week – 17:

21-10-2019

Lecture-49

Lecture-50

Lecture-51

Revision and Discussion from Module 1 to 4

Revision and Discussion from Module 5 to 7

Revision and Discussion from Module 7 to

10

*The schedule will be followed, subject to change/s due to unforeseen/unavoidable

circumstances.

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4. READING MATERIALS:

A. Textbook

1. Flavia Agnes, Family Law and Constitutional Claims Family Law Vol. I, (Oxford

University Press, Ed. 1st 2011.)

2. Flavia Agnes, Marriage, Divorce and Matrimonial Litigations Family Law Vol. II

(Oxford University Press, Ed. 1st 2011.)

3. Prof. Kusum, Family Law Lectures: Family Law-I, (LexisNexis Butterworths

Wadhwa Ed. 3rd 2007)

4. Prof. G.C.V. Subba Rao Family Law in India, S. Gogia & Company, Hyderabad,

Edition 10th 2011.

5. H.K. Saharay, Family Law in India, (Eastern Law House, 2011)

6. Dr. Paras Diwan, Muslim Law in Modern India, (Allahabad Law Agency, Allahabad)

7. U.P.D. Kesari, Modern Hindu Law (Central Law Publication, Ed. 8th, 2011.).

8. Paras Diwan, Family Law, (Allahabad Law Agency, Ed. 8th,2008)

9. Indira Jaising, Law of Domestic Violence (Universal Law Publishing Co. Ltd. Ed 2nd

2007).

10. Prof Tahir Mohmood, Laws of India on religion & Religious Affairs (Universal Law

Publishing Co. Pvt. Ltd. New Delhi).

11. Paras Diwan, Law of Maintenance in India, (Deep and Deep Publication, New Delhi).

B. Prescribed Legislations

1. Hindu Marriage Act, 1955.

2. Hindu Marriage (Amendment) Act 1976

3. The Child Marriage Restraint Act, 1929

4. The Prohibition of Child Marriage Act, 2006

5. Indian Contract Act, 1872

6. Parsi Marriage & Divorce Act 1936

7. Christian Marriage Act, 1872

8. Special Marriage Act, 1954

9. The Foreign Marriage Act, 1969.

10. (Indian) Divorce Act, 1869

11. The Muslim Personal Law (Shariyat) Application Act, 1937.

12. The Dissolution of Muslim Marriage Act, 1939.

13. The Muslim Women (Protection of Rights on Divorce) Act, 1986.

14. Hindu Adoption & Maintenance Act, 1956

15. Maintenance & Welfare of Parents and Senior Citizens Act, 2007.

16. Protection of Women from Domestic Violence Act, 2005.

17. The Family Courts Act, 1984.

18. Extracts from Indian Penal Code, 1860

19. Extracts from Code of Criminal Procedure Code, 1973

C. Alternative Texts

1. P.C.Pant, Law of Marriage & Divorce, Orient Publishing Company, 4th ed. 2007.

2. Modern Hindu Law, Dr. Neera Bharihoke, Delhi Law House, 1st ed.2008, (pgs.

Chapter-10, pgs. 123-134)

3. Law Relating to Women and Children. By Mamta Rao. Eastern Book Company First

edition 2005.

4. Child Marriage in India. Socio-legal and Human Rights Dimensions. By Jaya Sagade.

Oxford University Press -2005.

5. Ammer Ali‟s Commentaries on Mohommedan Law. Hind Publishing House. Fifth

edition, 2007.

6. Mayne‟s Hindu law and Usage Revised by Justice Ranganath Misra and Dr. Vijendra

Kumar.16th edition. Bharat Law House, New Delhi.

7. Outlines of Muhammadan Law. Asaf A. A. Fyzee. Oxford University Press. Fourth

D. List of important cases:

1. Ahmadabad Women’s Action Group v Union of India

2. Anil Kumar Jain v Maya Jain (AIR2010SC229)

3. Ashok Hurra v. Rupa Ashok Hurra (AIR1997SC1266)

4. Bai Tahira v Ali Hussain Fidaalli Chothia and Anr. (AIR1979SC362)

5. Bharatha Matha & Anr. v. R. Vijaya Ranganathan & Anr. (AIR 2010 SC 685)

6. Bhaurao S. Lokhande & Anr. v. State of MH & Anr. (AIR 1965)

7. Chandralekha Trivedi v. Dr. S.P. Trivedi (SCALE 541 1993 (3)

8. Chanmuniya Virendra Kumar Singh Kushwaha and Anr.

9. Veluswamy v. D. Patchaiammal (AIR 2011 SC 479)

10. Danial Latifi and anr. v. Union of India (AIR2001SC3958)

11. Dastane v. Dastane ( AIR 1975 SC 1534 )

12. Fuzlunbi v K. Khader Vali and Anr. (AIR 1980 SC 1730)

13. GVN Kameshwara Rao v. G Jabili Jabili [2002 SC 576]

14. Harvinder Kaur v. Harminder Singh (AIR 1984 Del. 66)

15. Indra Sarma v. V.K.V. Sarma (AIR2014SC309)

16. Iqbal Bano v. State of U.P. (AIR 2007 SC 2215)

17. Jorden Diengdeh v. S.S. Chopra (AIR1985SC935)

18. Khushboo v. Kanniammal & Anr. (AIR 2010 SC 3196)

19. Kunhimohammed v. Ayishakutty (2010 2 KLT 71) Keral High Court

20. Lata Singh v. State of U.P. (AIR 2006 SC 2522)

21. Lily Thomas v UoI (2000 SCC 224)

22. Madan Mohan Singh & Ors v. Rajnikant & Anr. (AIR 2010 SC 933)

23. Masroor Ahmad v. State (N.C.T of Delhi) & another [(2007)

24. Mohd. Ahmed Khan v. Shah Bano Begum [(1985) 2 SCC 556]

25. Mr. ‘X’ v. Hospital ‘Z’ (SCC 2003 1 500/AIR 2003 SC 664)

26. Narinder Pal Kaur Chawla v. Shri Manjeet Singh Chawla (AIR2008 Del 7)

27. Narsu Appa Mali v. State of Bombay (AIR SC 1951)

28. Naveen Kohli v. Neelu Kohli (AIR 2006 SC)

29. Naz Foundation v. Govt. of NCT & Anr. (2010 Cr.L.J.)

30. Neeraja Saraph v Jayant Saraph [(1994) 6 SCC 461]

31. Poonam v Sumit Tanwar AIR (2010 SC 1384)

32. Ram Narayan v Rameshwari (AIR 1988 SC 2260)

33. Rameshchandra Rampratapji Daga v. Rameshwari Rameshchandra Daga (AIR 2005

SC 422)

34. Sarala Mudgal v. Union of India ( AIR 1995 SC 1531)

35. Saroj Rani v. Sudershan Kaur (AIR 1984 SC 1562)

36. Satya v. Teja AIR 1975 SC 105

37. Savitaben Somabhat Bhatiya v. State of Gujarat and others (AIR 2005 SC 1809)

38. Savitri Pandey v. Prem Chandra Pandey (AIR 2002 SC 591)

39. Seema v. Ashwani Kumar (AIR 2006 SC 1158)

40. Shamim Ara v State of UP (AIR 2002 SC 3551)

41. Srinivas Aiyer v Saraswati Ammal

42. Sureshta Devi v. Om Prakash (AIR1992SC1904)

43. Sureshta Devi v. Om Prakash (AIR1992SC1904)

44. T. Sareetha v. Venkata Subbaiah ( AIR 1983 AP 356).

45. Vishnu Dutt Sharma v Manju Sharma (AIR 2009 SC 2254)

Note

o The above list is indicative and not exhaustive.

o It shall be compulsory for all the learners to carry Bare

Acts/Rules/Guidelines/Family Law Manual during all the working days of a given

Semester.

o Earlier editions of a number of the above texts might also be available and can be

consulted once account is taken of their datedness, particularly as to applicable case

law.

o The learner is encouraged and expected to engage in his/her own research, with

particular reference to online databases including SCC Online, Manupatra, Westlaw

India and LexisNexis.

o Earlier editions of a number of the above texts might also be available and can be


law.

It is creditable if you, in respect of the proper use of independent research and study,

follow up in the Law Library some of the case references, periodical articles or other

material referred to in the prime textbook or in class – or even to do some research of

your own. The list of cases applicable to syllabus is already given in Annexure- E and

learners are requested to go through these cases when it is communicated to read and

come for discussions. Further, we will make available articles by eminent scholars in this

field to be issued from the Library (suggested reading list will be provided at the time

of teaching). If Copyright policy of the publisher of those articles permits, we will mail

the soft copy of the articles via „Owl‟ through https://slsnoida.curiositylive.com. For

supplementary reading, you could, for instance, begin by consulting the relevant sections

of the “alternative” texts from the law library. Thereafter you could engage in your own

research, with particular reference to journals on online databases including SCC

Online, Manupatra, West Law India, Hein Online, JSTOR, ProQuest, Kluwer

Database, Emerald and EBSCO. Learners are expected to read the latest journals,

periodicals, reports and articles to keep abreast with the recent trends and developments

in the subject.

4. ASSESSMENT

Internal Assessment:

You will be examined in this course by Internal (40%) and External Assessment (60%)

format.

Internal Assessment will be conducted for 40 marks. It will include:

a. First component of internal assessment : Project-Assignment (10 marks)

b. Second mode of internal assessment : One tutorial (20 marks)

c. Third element of internal assessment: Viva-voce (10 marks)

External Assessment

The Symbiosis International (Deemed University) will conduct external written

examination for 60 marks at the end of the semester. It consists of ten objectives, 2 mark

each (20 marks) and 4 subjective/cases and open problems/questions 10 Marks each with

an alternative (40 marks).

5. INTERNAL ASSESSMENT MODE AND SCHEDULE

A. Project (Term Paper) Assignment/Submission

Assignment- project is aimed at improving „research skills‟ of the students to make

teaching-learning exercise more challenging and rigorous than standard lecture and test

format courses. It further aims at enhancing learning capability of learners by the

process of carrying research activities. One research project will be undertaken by

students which will be evaluated out of 10 marks. The learners are required to prepare

and submit the project as per detailed guidelines mentioned below:

Process – Allotment of Topic: The list of project-assignment topics to each learner will

be uploaded on „library‟@ curiosity portal on 03rd July, 2019.

Guidelines:

i. Word Limit of the project should not exceed more than 2500 words

ii. Submit the project copy along with Turnitin Report (allowed limit – 15%) duly

stapled.

iii. Printing to be done on both sides. (A-4size sheets)

iv. Submissions beyond the prescribed date shall bear negative marking (unless

found as a justified reason).

v. The learners shall be evaluated on the basis of research skills, clarity in language.

The following 4 headers are expected to be there in the submitted Project

Assignment. Parameter of evaluation shall be following:

i. Introduction and Evolution- 2 marks

ii. Meaning/ Explanation- 2 marks

iii. Research questions - Based on the issues/loopholes as found in the readings /

Literature Review (any latest journal article/s on the topic) – up to 1000 words –

4 marks

iv. Suggestions/Conclusion– up to 500 words– 2 marks

Project Submission Schedule

B. Tutorial Mode and Schedule

Tutorial will be cases/ problem based questions of 20 marks. Minimum 2 questions will

be asked. It would be an open book exam and learners are allowed to bring any reading

materials except electronic material during the tutorial. There would be two questions on

which the learner would be required to solve problem- based i.e. non-theoretical

questions. The purpose of tutorial is to give learners an opportunity for assessing

learning of Family Law-II. Tutorial also provides you with an opportunity to develop

written skills of presentation and reasoned argument. In order to achieve the two stated

skills objectives i.e. Presentation and problem solving skills, one tutorial and viva voice

are scheduled in this semester. The timetable of the tutorial is as follows:

Assignment Submission

Result

July 03, 2019 August 08, 2019

August 14,2019

Tutorial – Schedule

Tutorial

Date

Topics Test

Result

I August 28th,

2019

September

6th, 2019

1. Sources of Family Law

2. Marriage of Hindu Law

3. Marriage under Muslim Law

4. Marriage under Christianity

and Parsi Law

Banyan Tree Sessions

Process: You are notified that two online sessions with the help of „Banyan Tree


attendance so granted will form part of the total attendance. Both these sessions are

COMPULSORY for all learners. Your quality response/answer/reply within stipulated

Date and Time allotted should be submitted. Those, who will respond/answer/reply within

stipulated Date and Time allotted, will be granted attendance for „One Lecture‟. No

response from a learner will result in absentee of the said learner. Please remember

attendance so granted for the session/s will form part of the total lectures and thus

attendance.

Schedule – Banyan Tree Discussion

Tutorial– Online Sessions @Banyan Tree

Session

Begins Ends

Attendance Date & Time Date & Time

I

18/07/2019

@8:00 pm

20/07/2019

@11:59 pm

One Lecture

II

07/08/2019

@8:00pm

09/08/2019

@11:59 pm

One Lecture

C. Viva-Voce Mode of Assessment and Schedule

The third mode of internal assessment for the learners for this course shall be viva-voce

which will be evaluated out of 10 marks. The learners shall prepare for the viva-voce

which will be dealing on the questions up to the syllabus that has been completed in

the lecture duration up to 10th

September, 2019. Each learner will be given

around 10 minutes time for her / his viva-voce.

Viva-Voce Schedule

Date Division Roll No:s

Time

16/09/19 A 1-22 2:00 – 4:30 pm

17/09/19 A 23-44 2:00 – 4:30 pm

18/09/19 A 45 onwards 2:00 – 4:30 pm

19/09/19 B 1-22 2:00 – 4:30 pm

20/09/19 B 23-44 2:00 – 4:30 pm

23/09/19 B 45 onwards 2:00 – 4:30 pm

24/09/19 C 1-22 2:00 – 4:30 pm

25/09/19 C 23-44 2:00 – 4:30 pm

26/09/19 C 45 onwards 2:00 – 4:30 pm

27/09/19 D 1-22 2:00 – 4:30 pm

30/09/19 D 23-44 2:00 – 4:30 pm

01/10/19 D 45 onwards 2:00 – 4:30 pm

03/10/19 E 1-22 2:00 – 4:30 pm

12/09/19 E 23-44 2:00 – 4:30 pm

13/09/19 E 45 onwards 2:00 – 4:30 pm


The course in-charge for Family Law-I: is Dr. Mohit Sharma, Associate Prof. and co-faculty

is Ms. Deepali Sahoo, Assistant Professor. In case you face any problem in dealing with the

subject, feel free to discuss with me. Notices relating to the course will be posted online on

https://slsnoida.curiositylive.com


If few doubts remain, kindly contact me at e-mail: [email protected] and

deepali.sahoo@. I welcome your questions and your comments. To hold any discussion in the

chamber, prior appointment shall be taken.



Annexure A

Enclosure A: Guidelines for Project

Family Law-I The final copy of the project Assignment should be submitted in accordance with the

following specifications:

1) The paper used for printing shall be of A4 size. Printing shall be in a standardized

form, on both the sides of the paper

Font: Times New Roman

Font Size: Main Heading 16 (Bold), Sub-Heading 14 (Bold),main text 12 and

footnotes 10

Spacing 1.5 for main text, 1 for footnotes

Text should be Justified

MS Word: 2003-07 Version, Page Layout: left-1.5 cm, top-right-bottom-1 cm.

Word Limit: 2500 Maximum.

2) A margin of one-and-a-half inches shall be left on the left hand side.

3) The title of the project, name of the candidate, degree, faculty, university, month and

year of submission, and the name of the research guide with his/her designation and

full official address shall be printed on the first page and on the front cover as given

in Appendix „A‟.

4) Bibliography should be written alphabetically indicating Books, Journals, Newspaper

editorials/ Report of Law Commission

Front page and Cover


-----------------------------------------------------------------------------------

--------------------

-----------------------------------------------------------------------------

------------------------------------------------------------

Submitted by


--------------------------------------------

Division... PRN… Batch……


Symbiosis International (Deemed University), Pune.

In

Month, year


Name of the Guide

--------------------------------

Designation of research guide

First few pages

The first few pages of the research paper should be as under:

Title page

Index

List of cases (If any)

Contents

Bibliography

*Note: Citations shall be uniform. Learners can go for Bluebook/JILI/Chicago style

Teaching Plan

Environmental Law

1

Teaching Plan

ENVIRONMENTAL LAW

Semester VI

Batch 2017-22

By

FURQAN AHMAD PALLAVI MISHRA


(Session: December 2019 – April 2020)



Teaching Plan

Environmental Law

2

1. INTRODUCTION

Environmental legal education is reflective of the historical, economic, political, scientific,

normative and ethical. Environmental law has gathered concepts, ideas, practices, processes,

individuals, collectives from a range of diverse disciplines. This has led to centering of

environmental concerns both locally and globally, nationally and internationally.

Law and policy making are geared towards addressing these concerns. Environmental concerns

are rooted in the Constitutional framework, and borrowing from other disciplines such as tort

law, consumer law, contract law, penal laws, energy laws, ethics, environmental management,

environmental science, media and law, philosophy, space law, air law, trans-border sharing of

resources (Teesta and Indus) etc.

The constitutionalizing of environmental concerns during the framing of the constitution did

not translate into legislation it was only after 1972 that we see efforts being made to fill in the

gap.

The wide range of economic impacts on the environment (ecology) and alternatively

environmental impacts on the economy have led to accepting “sustainable development” as a

basic principle. The idea of sustainable development is meant to convey, obligations (intra and

inter generations).

The collective commons; tragedy of the commons; disappearing forests- an issue of livelihood

or aesthetics; cost benefit analysis; liability; environmental concerns as anthropocentric as

opposed to bio-centric and or eco-centric; the fate of communities dependent on forest

produce and forest conservation; eco-tourism; the obligation towards the future generation

etc. are some of the narratives.

This teaching plan has been designed taking into account all of these concerns, narrative law,

case law and policy.


A. Knowledge

After studying Environmental Law, which requires learners to understand the broad patterns of

essential principles of environmental law, and to identify the reasons why the Courts or

Parliament have developed the scope of environmental laws, especially civil/criminal liability, in

particular ways, learners would have acquired a general understanding of the principles,

Teaching Plan

Environmental Law

3

including various historical, socio‐economic‐politico factors, upon which these laws & policies

have been based.

B. Skills

The overall objective of this undergraduate course is to develop in the learner the following set

of skills:

a) Cognitive

The course demands that learners have the capacity to demonstrate insight in presenting

materials drawn from a wide & sometimes contradictory range of primary & secondary sources,

and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those

materials that offers a personal and informed criticism.

b) Employability

Environmental law demands that the learners have the capacity to learn how to employ the

existing legal provisions in their surroundings, so, they may learn how to raise environmental

issues.

c) Subject Specific

Environmental Law demands an ability to identify & select issues from our day to day life &

from our surroundings. A course-work exercise does not operate in isolation to the context of

the individual /collective, experience, hence it is necessary to situate and locate the course

work in the context of one’s own experience. Environmental law requires us to bring into the

class room the world in which we operate.

C. OUTCOMES

The course aims to equip the student with the ability to carry out case law analysis, academic

research, understand interpretive challenges, formulate gaps in implementation and policy, and

identify current global trends in international environment law and transnational law. These

skills will be central to learner’s success in completing this course’s scheme of assessment. The

overall objective of this course is to enable learners to:

a) Establish knowledge and understanding of the theory and jurisprudence of environmental

law.

b) Distinguish between law and policy.

c) Generate ability to comprehend how normative and ethical concerns are reflected in law and

policy.

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Teaching Plan

Environmental Law

4

d) Do objective setting and achieving them through a legislative and policy framework.

e) To employ strategies legal and otherwise in an artificially generated environment.

f) Generate useful and effective tools of communication for environmental legal concerns.

g) Articulate the relevant economic, social, commercial & political context in which laws

operate/operated.

h) Identify how/why courts or parliament have framed/ interpreted environmental legal

liability.

i) To identify international legal developments and their impact on Indian environmental

jurisprudence.

FINAL OUTCOME

Assessment is by compulsory coursework examination (100%) (Including Internal and External

Assessment) by the Symbiosis International (Deemed University). Internal evaluation work

accounts for 40% whereas external evaluation work accounts to a total of 60% of the total

100%.

3. LECTURES

A. TIME AND ATTENDANCE

Three lecture times have been set aside for this course for each division. The timetables for the

respective courses for each batch are communicated through the Academic Support Email and

are visible outside the classrooms for your reference. Relevant study/reading material will be

made available in ‘The Library’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com.To

facilitate your understanding of these lectures, you should always read at least the relevant

pages of suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations, please note, “Students are

expected to attend minimum 75% of all scheduled sessions, and other forms of instructions as

defined by the programme of study.”

The student will not be eligible to appear for the examination if he/she fails to put in the

required attendance. The students can update themselves of their attendance daily on-line in

‘Attendance’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com.



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C. NOTIFICATIONS

Learners are informed that notice/s, if required, with respect to Academic- Administration,

either by Course-In-Charge/Faculty-In-charge, Academic Coordination will be sent using

‘Owl@Curiosity’. No notifications will be published by either Course-in-Charge/Faculty-In-

Charge, Academic Coordination or Learner using ‘Library@Curiosity’. You are required to keep

yourself duly informed.

D. LECTURES OUTLINE

Week Lecture Outline

Week 1

December 30, 2019

Lecture 1: Discussion of Teaching Plan

Lecture 2: Discussion of Teaching Plan

TOPIC 01: Historical Development of

Environmental Law in India

Lecture 3: Article Review of Journal Article,

Ahmad Furqan, Origin and Growth of

Environmental Law in India, JILI, Vol. 43,

No.3 (July-September 2001)

Week 2

January 06, 2020

Lecture 4: Environmental and Natural

Resource Protection in Hindu Legal Literature

Lecture 5: Environmental and Natural

Resource Protection in Islam

Lecture 6: Environmental Protection under

Christian, Sikh, Jain and Buddhism Teaching.

Reference: Manoj Kumar et al (ed.).,

Environment Law and Enforcement : The

Contemporary Challenges (2016)

Week 3

January 13, 2020

TOPIC 02: Principles/Doctrines of

Environmental Law

Lecture 7: Environmental Protection: Concepts

and Issues

“Key Concepts”, Meaning underlying Ideas

and Classification

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Pollution, Pollutant, Environment

Ecology, Sustainable Development,

Precautionary Principle, Polluter Pays

Principle, Public Trust Doctrine

Lecture 8: “Key Concepts”, Meaning

underlying Ideas and Classification

Pollution, Pollutant, Environment

Ecology, Sustainable Development,

Precautionary Principle, Polluter Pays

Principle, Public Trust Doctrine

Lecture 9: Case Laws: Vellore Citizens’

Welfare Forum v. UOI, AIR 1996 SC 2715

Kamal Nath v. UOI, (1997) 1 SCC 388 etc.

Week 4

January 20, 2020

TOPIC 03: Environmental Policies in India

Lecture 10: National Environmental Policy,

1992

Lecture 11: National Environmental Policy,

2006

Lecture 12: Assessment of the Environmental

Policies and their Impact on the National

Environmental Law

Week 5

27/01/2020

TOPIC 04: Environmental Protection Laws:

International Perspective

Lecture 13: Environmental Protection Laws:

International Perspective

Traditional Principles

Corfu Channel Case (United

Kingdom v. Albania); Assessment

of Compensation ICJ Reports 1949,

p. 244; General List No. 01

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Lake Lanoux Arbitration (Spain v

France) 24 ILR 101 (1957)

Lecture 14:

Stockholm Conference

Rio Declaration (Agenda 21,

Convention on Climate Change and

Convention on Biodiversity)

Lecture 15:

Earth Summit Plus Five

Kyoto Protocol

Week 6

February 03, 2019

Lecture 16: Copenhagen Conference

Lecture 17: BASEL Convention

TOPIC 05: Protection of Environment:

National Legal Regime

Lecture 18: Common Law Remedies

• Rylands v Fletcher, (1868) LR 3 HL 330

• Oleum Gas Leak Case (M.C. Mehta v. Union

of India, AIR 1987 SC 965)

Week 7

February 10, 2020

Lecture 19: Criminal Law Remedies

• Municipal Council, Ratlam v

Vardhichand, AIR 1980 SC 1622

TOPIC 06: Constitutional Parameters of

Environment Protection

Lecture 20: Prior to Forty Second

(Amendment) Act, 1976

Lecture 21: • Post Forty Second

(Amendment) Act, 1976

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Week 8

February 17, 2020

Lecture 24: Case Laws: Subash Kumar v. State

of Bihar, AIR 1991 SC 420

L K Koolwal v. State of Rajasthan, AIR 1988

Raj 2

TOPIC 07: Legislative Journey towards

Protection of Environment

Lecture 25: Framework of Environmental Laws

•Water (Prevention and Control of Pollution)

Act, 1974


Air (Prevention and Control of

Pollution) Act, 1981

Week 9

February 24, 2020


Environment Protection Act, 1986

Subordinate Legislation under

Environment Protection Rules relating

to hazardous substances and process

Environment Impact Assessment from

1994 to 2006.


Public Liability Insurance Act, 1991

Lecture 29 Ganga Pollution Case, Vehicular

Pollution Case etc

Week 10

March 02, 2020

Lecture 30: Ganga Pollution Case, Vehicular

Pollution Case etc

TOPIC 08: Protection of Forest and Wildlife

Lecture 31: Indian Forest Act, 1927 [The

Indian Forest (Amendment) Bill, 2012]

Lecture 32: Forest Conservation Act, 1980

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Week 11

March 09, 2020

Lecture 33: The Scheduled Tribes and Other

Traditional Forest Dwellers (Recognition of

Forest Rights) Act, 2006

Lecture 34: Wildlife Protection Act, 1982 with

latest amendment

Lecture 35: Case Laws: TN Godavarman

Thirumulkpad case

`Week 12

March 16, 2020

Lecture 36: Case Laws: Wildlife v. Ashok

Kumar and Others (2018)

TOPIC 09: Administrative Machinery and

Adjudicatory Mechanism for Protection of

Environment

Lecture 37: Powers and Functions of State and

Central Pollution Control Board

Lecture 38: Powers and Functions of Pollution

Control Authorities

Week 13

March 23, 2020

Lecture 39: Powers and Functions of Ministry

of Environment, Forest and Wildlife

Lecture 40: Background of Environmental

Course

Case law: Andhra Pradesh Pollution Control

Board v. Prof. MV Nayudu, AIR 1999 SC 812

Lecture 41: 186th

Law Commission Report for

Constitution of Environmental Courts

Week 14

March 30, 2020

Lecture 42: National Environmental Tribunal

Act, 1995

Lecture 43: National Environmental Appellate

Authority Act, 1997

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Lecture 44: National Green Tribunal Act, 2010

Composition of the Tribunal

Powers and Functions of the Tribunal

Jurisdiction of the Tribunal

Assessment of NGT

Week 15

April 06, 2020

Lecture 45: National Green Tribunal Ac, 2010

Decisions under the NGT, 2010

Powers

Jurisdiction of the Tribunal

Assessment of NGT

TOPIC 10: Human Rights and Environment

Lecture 46: Human Rights and Policy of large

projects

Lecture 47: Resettlement and Rehabilitation

Problem vis a vis Human Rights (Orissa

Mining Corp Ltd v. Ministry of Environment

and Forest , (2013) 6 SCC 476)

Week 16

April 13, 2020

Lecture 48: Constitutional Rights of the Tribal

and Public good.

Lecture 49: Case Law: Narmada Bachao

Andolan v. UOI, AIR 2000 SC 3751

Case Law: Tehri Bandh Virodh Sangarsh

Samiti v. State of UP, (1992) 1 SCC 44

Lecture 50: Some popular movements for the

protection of Environment and Tribal Rights

(Narmada, Tehri, Kelkero etc.)

Week 17 TOPIC 11: Management of Coastal

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April 20, 2020 Regulation Zones

Lecture 51: Various Notifications and

their Judicial to maintain the ecology of

coastal areas and their judicial scrutiny

Lecture 52: Various Notifications and

their Judicial to maintain the ecology

of coastal areas and their judicial

scrutiny

Lecture 53: Revision

READING AND MATERIALS

A. Textbook

Ahmad Furqan, Legal Regulation of Hazardous Substances, Daya Publishing House

(2009)

Bhatt, M.S et al (ed.)., Problems and Prospects of Environmental Policy- Indian

Perspective, Aakar Publication, Delhi (2009)

Bhasin K, Environmental Governance in India: An inefficient outcome due to lack of

“specialized” and strong institution? (2018)

Cullet P., Differential treatment in international environmental law. Routledge (2017)

Desai, Ashok A., Environmental Jurisprudence, Vikas Publication, 2nd edition, (2002)

Divan, Shyam and Rosencranz, Armin, Environmental Law and Policy in India Cases,

Materials and Statues, Oxford University Press, (2005)

Doabia, T.S., Environment and Pollution Laws in India, Lexis Nexis Butterworths

Wadhwa, Nagpur, 2nd edition, (2012)

Dube, Indrajit., Environmental Jurisprudence- Polluter’s Liability, Lexis Nexis

Butterworths, (2007)

Jordan, A., et al (ed). Governing Climate Change: Polycentricity in Action? Cambridge

University Press, (2018)

Jariwala, C.M., Environment and Justice, APH Publishing Corporation, (2004)

Kerwin, C.M. and Furlong. Engendering the environment? Gender in the World Bank’s

environmental policies. Routledge, S.R., (2018)

Kumar, A., Biodiversity Conservation and management in India, Brazil and South Africa:

Law, Policy and Diplomacy in the contemporary age. Routledge, India (2017)

Leelakrishnan, P., Environmental Law in India, Lexis Nexis Butterworths, Nagpur, 5th

edition, (2019)

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Leelakrishnan, Environmental Law Case Books, Butterworths, 2nd Edition, 2007

Nain, Gitanjali., Environment Justice of India, The National Green Tribunal, Cambridge,

(2017)

Sands Philippe, Principles of International Environmental Law, Cambridge University

Press, New York, 3rd edition, (2012)

Singh, Gurdeep., Environmental Law, Eastern Book Company , Lucknow (2016)

Shanthakumar, S., Introduction to Environmental Law, Lexis Nexis Butterworths, 2nd

edition, (2004)

Sinha Manoj et al (ed.)., Environment Law and Enforcement : The Contemporary

Challenges (2016)


Water (Prevention and Control of Pollution) Act, 1974

Air (Prevention and Control of Pollution) Act, 1981

Environment (Protection) Act, 1986

Public Liability Insurance Act, 1991

Indian Forest Act, 1927 [the Indian Forest (Amendment) Bill, 2012]

Forest Conservation Act, 1980

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest

Rights) Act, 2006

Wildlife (Protection) Act, 1972

National Green Tribunal Act, 2010

C. Articles/Notes etc.,

1. Cedric Philibert, “Lessons from the Kyoto Protocol: Implications for the future” 5:1 IRES

311-322 (2004)

2. Furqan Ahmad, “Origin and Growth of Environmental Law in India” 43:3 JILI 358-387

(2001)

3. Gerber J.F., “Conflicts over industrial tree plantations in the South: Who, how and

why”21:1 GEC 165-176 (2011)

4. Gitanjali Nain Gill, “Environmental Justice in India: The National Green Tribunal and

Expert Members”5:1 Transnational Environmental Law, 175-205 (2016)

5. James Limburg, “The Responsibility of Royalty: Genesis 1-11 and the Care of the Earth”

11:2 Word & World 124-130 (1991)

6. Julian C. Juergensmeyer, “Common Law Remedies and Protection of the Environmental”

6:1 UBC Law Rev. 215-236 (1971)

7. Madhumitha. V.R. Dhivya, “A Study On Criminal Remedies for Environmental Problems”

IJPAM 2381-2395 (2018)

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8. Madhuri Parikh, “Tortious Liability for Environmental Harm: A Tale of Judicial

Craftsmanship” NULJ 75-88 (January 2013)

9. Mary Pat Williams Silveria, “International Legal Instruments and Sustainable

Development: Principles, Requirement, an Restructuring” WLR 239-252 (1995)

10. Muhammad Ramzan Akhtar, ‘Towards an Islamic Approach for Environmental Balance’

Islamic Economic Studies 57-76 (1996)

11. U. Baxi, “Emerging Legal Issues in the Agro Eco Systems” in R.P. Anand (et al. ed.) Law,

Science and Environment (1987)

D. List of Important Case Laws

1. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446

2. Kamalnath v. Union of India, (1997) 1 SCC 388; AIR 2000 SC 1997; AIR 2002 SC 1515

3. M.C. Mehta v. Union of India & Ors. (Taj Mahal Pollution case), (1997) 2 SCC 353

4. M.C. Mehta v. Union of India (The Oleum Gas Leakage Case), AIR 1987 SC 1086

5. Rural Litigation & Entitlement Kendra v. State of U.P.., AIR 1988 SC 2187

6. Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715

7. S. Jagannath v. Union of India, AIR 1997 SC 811 (Shrimp Culture Industry)

8. M.C. Mehta v. Union of India (Ganga Pollution Case), AIR 1988 SC 2187

9. Municipal Council Ratlam v. Vardhichand, AIR 1980 SC 1622

10. Union Carbide Corp. etc. v. Union of India etc. AIR 1990 SC 273

11. Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446

Note:

The above list is indicative and not exhaustive. Earlier editions of a number of the above texts

might also be available and can be consulted once account is taken of their datedness,

particularly as to applicable case law. These texts were selected because they provide in one

volume a combination of text, cases and materials i.e., a “one-stop shop”

Nevertheless, the text provides the basic reading for the course only. There is much more to the

Tort law than this, and you will undoubtedly benefit from undertaking some reading and study

of your own. It is creditable if you, in respect of the proper use of independent research and

study, follow up in the Law Library some of the case references, periodical articles or other

material referred to in the prime textbook or in class – or even to do some research of your

own. For supplementary reading, you could, for instance, begin by consulting the relevant

sections of the “alternative” texts placed on loan in the law library. Thereafter you could

engage in your own research, with particular reference to journals on online databases

including SCC Online, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer

Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), Ebrary, Emerald and

EBSCO, and offline database: AIR.

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5. ASSESSMENT:

Environmental Law is a 04 credit course so you will be examined in this course for 100 marks.

Internal Assessment: Internal examination will be conducted for 40 marks which will include

Three modes: Project (10 marks); Tutorial (20 marks); and Case Analysis (10 marks)

A. First Internal Assessment: Project (10 marks)

B. Second Internal Assessment: Tutorial (Open Book Examination) (20 marks) C. Third Internal Assessment: Case Analysis (10 marks)

External Examination:

The Symbiosis International (Deemed University) will conduct external written examination for

60 marks. It consists of ten objective-type (2 marks each = 20 marks) and 4 subjective-

type/cases and open problems/questions (10 marks each) with an alternative question with all

4 subjective (10 marks each = 40 marks)


Each student will have to attempt each of the above assessment modes on all the occasion. The

details pertaining to three internal assessment modes are as follows:

A. Project Mode/Schedule

Research project is aimed at improving ‘research skills’ of the students to make teaching-

learning exercise more challenging and rigorous than standard lecture and test format courses.

It further aims at enhancing learning capability of learners by the process of carrying research

activities.

One research project will be undertaken by students which will be evaluated out of 10 marks.

The learners are required to prepare the project as per detailed guidelines mentioned below as

well as mentioned in Annexure A and submit it accordingly.

A list of research project topic to each learner will be uploaded on ‘library’@ curiosity portal on

or before December 31, 2019.

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Guidelines on Project:

The learner is expected to reflect on the assigned topic and write a 2500 words long term paper

on the topic highlighting the different facets of the topics. The project paper will be in the form

of an article with suitable inputs from the learners. The article must have: An Introduction (1

mark); a research question (2 marks) and body of article (4 marks), suggestion and conclusion

(3 marks). Proper citation method must be used to acknowledge the resources. The word limit

has to be strictly adhered and any form of plagiarism is not allowed. As per the Anti-plagiarism

policy, all projects shall be subject to plagiarism check vide the ‘Turn-it In’ software. Project/s

with more than 15% plagiarized content shall be marked ‘zero’.

Complete Plagiarism report generated via Turn-it-in shall be submitted as the final submission

along with the Cover page in the required format. Turnitin report highlighting content similarity

of more than 15% shall invite strict actions and the learner shall be awarded “zero” marks for

the project. Despite the report’s content similarity being lower, if the Course-in-charge

identifies any form of plagiarism, undetected by Turnitin, the learner will have to face a penalty

of negative marking (Negative marking of up to 05 marks).

The submission shall be accepted only in Print form with no spiral binding and any other file or

plastic cover. The print strictly needs to be on both side of the paper. No handwritten

submissions shall be taken. The cover page template is annexed with this document (Refer to

Annexure A).

Note: ➢ The final project report shall be printed on both sides of the A-4 sheet.

➢ Late-Submissions will invite negative marking of 03 marks per day.

➢ It is further informed that learners must use BLUEBOOK (20th ed.) CITATION

FORMAT

The timetable for the project submission is as follows:


Assignment Submission Result

December 31, 2019 February 01, 2020 February 11, 2020

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Tutorial will be cases/ problem question of 20 marks minimum two questions of 10 marks each.

It is an open book exam and learners are allowed to bring any reading materials except

electronic material during the tutorial.

The tutorials will give the learners an opportunity for assessing their learning of Environmental

Law. If the learners are well prepared to take part in such test, the more they will learn from it

and excel in examination as well as understanding of Environmental Law. Tutorial also provides

them an opportunity to develop written skills of presentation and reasoned argument. In order

to achieve the two stated skills objectives – presentation and problem solving skills will be

evaluated of the learners.

The timetable of the tutorial is as follows:

DATE TOPICS

TEST RESULT ENVIRONMENTAL LAW

Topic Number: 02, 04,

05

February 25, 2020 March 07, 2020

Process: To understand the method, two online sessions (situation based) with the use of

Banyan Tree @Curiosity, will be conducted as follows:

BANYAN TREE DISCUSSION SCHEDULE

Session

Begins Ends Attendance

Date & Time Date & Time

I January 20, 2020

@8:00 pm

January 22, 2020

@11:59 pm

One Lecture

II February 07, 2020

@8:00 pm

February 09, 2020

@11:59 pm

One Lecture

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Both these sessions are COMPULSORY for all learners. Your quality response/ answer/ reply

within stipulated time given should be submitted. Those, who will respond/answer/reply within

stipulated time given, will be granted attendance for one lecture. No response from learner will

result in absentee. This activity is compulsory for all and attendance so granted will form part of

the total attendance.

C. Case Analysis and Schedule

The third mode of internal assessment for the learners for this course shall be a “Case

Analysis”, where learners will be assigned a particular case law. A list of Case-Law topic to each

learner will be uploaded on ‘library’@ curiosity portal on or before January 30, 2020.

Learners are obliged to write an outline (not exceeding 1500 words) of their answers to the

stated cases/problems in the given assessment.

Here is a “rough guide” to the seven headings under which any case should be analysed:

1. Case History (1 mark) = what was the legal basis of the claimant’s claim? When was the case

decided? What court decided the case? If the case went on appeal, what had the lower court(s)

decided?

2. Material Facts (1 mark) = what facts did the court treat as material? What factual aspects of

the case can be ignored?

3. Key Question (1 mark) = what precise question or questions was the court required to

decide?

4. Decision (2 marks) = did the court find for the defendant? If there was more than one issue

to be decided, how did the court decide each issue? Did the court fail to decide any questions?

What precisely was the outcome of the case? If the case went to the High Court or the Supreme

Court was their decision unanimous?

5. Ratio/Principles Applied (1 mark) = what principles of law did the court lay down as the basis

for deciding the case? Were there any qualifications or restrictions or dissensions to the

principles stated by the court?

6. Reasoning (2 marks) = what was the underlying rationale given by the court for adopting the

principle or principles which it applied?

7. Critique of the Case (2 marks) = is the case still good law? To what extent has it been

interpreted/applied in subsequent cases? Has it been interpreted/applied broadly or narrowly?

Is the decision or reasoning inconsistent with earlier or later decisions? To what extent has the

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case been welcomed in subsequent commentary? Is it a good/fair/reasonable decision? If so,

why? If not, why not?

Learners are required to submit a written paper on the case law not exceeding 1500 words.

The written paper should be submitted on or before March 12, 2020. The respective dates for

allotment of case law and submission are appended below:

Write-Up (Case Analysis) Submission Schedule


January 30, 2020 March 12, 2020 March 20, 2020

7. ADMINISTRATIVE ARRANGEMENTS AND CONTACT HOURS

The course in-charge for Environmental Law is Ms. Pallavi Mishra, Assistant Professor. This

course is shared by Dr. Furqan Ahmad, Professor. In case you face any problem in dealing with

the subject, feel free to discuss with us through mail at [email protected] or

[email protected]. The meeting time with Ms. Pallavi Mishra is on Wednesday and

Friday 2:00 to 4:30 PM. With Dr. Furqan Ahmad it would be Monday and Tuesday 2:00 to 4:30

PM. Notices relating to the course will be posted online on www.curiosity.symlaw.edu.in.

Learners are requested raise the concerns and clarifications to faculty/s itself.

All questions, comments, and feedback are welcome. While the lessons will be seminar-style

and all learners are encouraged to participate, those who do struggle to speak in class are

welcome to continue the conversation in person after class as well. The aim is to give learners

the greatest flexibility and autonomy over their learning and thought process, especially when

it comes to their distinct analyses of the provided readings.

file:///C:/Users/STUDENT/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/[email protected]


file:///C:/Users/STUDENT/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/www.curiosity.symlaw.edu.in

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Annexure A

GUIDELINES FOR PROJECT SUBMISSION

The maximum marks for the project are 10. The final copy of the project should be presented in

accordance with the following specifications:

1. Typewriting shall be in a standardized form in single line spacing with following

specifications:

• Paper size: A4. Printing shall be done on both sides of the paper.

• No Spiral Binding/plastic covers, only stapled copy.

• Plagiarism report to be attached by the learners (Max. limit – 15-20%)

• No handwritten submissions shall be taken.

• Orientation: Portrait.

• Font: Times New Roman

• Font Size: Main Heading 14 (Bold), Sub Heading 12 (Bold) and text 12

• Alignment: Justified.

• MS Word: Updated Version.

• Word Limit: 2000-2500 Maximum

2. The title of the project, name of the candidate, degree, faculty, university, month and

year of submission, and the name of the faculty-incharge with his/her designation and full

official address shall be printed on the first page and on the front cover as given in Annexure –

‘A’

3. A Certificate Annexure ‘B’ must affirm that the research work of the candidate is

original, and that the material, if any, borrowed from other sources and incorporated in the

research has been duly acknowledged should be signed by the candidate. It should also state

that the candidate himself/herself will be held responsible and accountable for plagiarism.

4. Bibliography should be written alphabetically and given as per Annexure-‘C’

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Appendix ‘A’- Front page and Cover

TITLE OF THE PROJECT (centered on two or more lines)

---------------------------------------------------------------------

Submitted by


-------------------------------------------------------

Batch…..Programme of Study…..Division …. PRN…...



In

Month, year


Name of Faculty _________________________

Designation and official address of the faculty

official address of Faculty

_______________________________________

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Appendix ‘B’- BIBLIOGRAPHY

The Bibliography should contain a list of all the books, journals, articles and pamphlets that the

researcher has consulted during the course of the study. It should be arranged alphabetically.

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#######################################

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Teaching Plan

PHILOSOPIES OF LIFE

& LIFESTYLE

Semester II

Batch 2018-23

By

Dr. Garima Yadav


(Session: December 2018- April 2019)


Symbiosis International (Deemed

University), Pune

2

1. INTRODUCTION

Philosophy is an activity of thought, a type of thinking. Philosophy is critical and comprehensive thought, the most critical and comprehensive manner of thinking which the human species has devised. This intellectual process includes both an

analytic and synthetic mode of operation. Life style refers to the way a person lives to one’s own ability. One of the most notable features of the contemporary

world which we inhibit is ‘modernity’. Modernity offers an individual plethora of opportunity to access and gain knowledge and in that process creates his/her own life biography. With the responsibility that has been entrusted upon us to

shape our lives we need tools which can help us to shape our professional and personal life. With the help of philosophical texts, this course, intends to instill in

learner a curiosity to not only question but to identify through the same questions what he or she intends to make her life to be.


A. Knowledge

This course will attempt an examination of values for living and of the variety of

systems of meaning that humans have constructed for themselves in answering

life's important questions.

We will try to answer the question "what is the meaning of life?" We might not

arrive at a complete answer, but by the end of this course, students will be

familiar with some insightful responses offered by philosophy, religion, and

literature. These include:

• The meaning of life is to accept absurdity;

• The meaning of life is to create meaning in life;

• The meaning of life is to accept our place in the universe;

• The meaning of life is to pursue pleasure and avoid pain;

• The meaning of life is to find the truth within oneself;

• The meaning of life is to help others;

• The meaning of life is to lose oneself in the universe;

• The meaning of life is to live in a creative community;

• The meaning of life is to annoy those who try to censor us.

B. Skills

Successful participation in the course will involve developing a number of skills,

including:

• articulating one’s religious and ethical values;

• making more thoroughly informed decisions regarding career and family

life;

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• writing better essays by being able to integrate personal and academic

interests;

Reflexivity in thoughts and actions;

• Understanding terms such as modernism and postmodernism, while being

able to relate such terms to the history of philosophy

C. Outcomes

The goal of this course is not to reach any final conclusion on our topic, let alone

to indoctrinate, but rather to develop an inquisitiveness and understanding of the questions which affects every human being. The main aim is to develop an appreciation of the related issues and problems, all of which involve the

traditional areas of psychology, epistemology, metaphysics, and logic.

Final Outcome: Assessment is by compulsory coursework examination (100% Internal) under the

auspices of the Symbiosis International (Deemed University).

3. LECTURES A. Times and Attendance

At least one lecture per week has been set aside for this course for each division.

Verify it from the timetable assigned for each division. In addition to regular

classes, two Banyan Tree sessions will be conducted which will form part of

attendance as well. Pl. refer to the Banyan Tree Sessions schedule as given

under Tutorial- Mode and Schedule.

Lecture outlines, principally in the form of PowerPoint slides, and relevant

study/reading material will be made available in ‘The Library’ on ‘Curiosity’ Portal

at https://slsnoida.curiositylive.com. To facilitate your understanding of these

lectures, you should always read at least the relevant pages of suggested readings

in advance of each lecture.




study.”

The student will not be eligible to appear for the examination if he / she fail to put

in the required attendance. The Students can update themselves of their

attendance daily online in ‘Attendance’ on ‘Curiosity’ Portal

at https://slsnoida.curiositylive.com.



4

B. Notifications: Learners are informed that notice/s, if required, with respect to Academic-


Coordination will be sent using ‘Owl@Curiosity’. No notifications will be published by

either Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner

using ‘Library@Curiosity’. You are required to keep yourself duly informed

C. Lecture Outline:

Week No. Lecture No. Topics

Week 1

December

17, 2018

1. TOPIC 1: INTRODUCTION

Syllabus Preview / Teaching Plan Discussion

2. The Meaning of Life

Is life absurd?

Week 2

December

24, 2018

3. Is something supernatural (God, an

afterlife, etc.) required for a meaningful life?

Week 3

December

31, 2018

4. Greek Philosophical Schools: Idea of Life

5. Stoicism

Week 4

January 7,

2019

6. Epicureanism

Week 5

January 14,

2019

7. Indian School of Philosophy: Meaning of

Life and How to Live life

8. Nyaya

Week 6

January 21,

2019

9. Vaisheshika

Computer

Highlight

5

Week 7

January 28,

2019

10. Samkhya

11. Yoga

Week 8

February 4,

2019

12. Mimansa

Week 9

February 11,

2019

13. Vedanta

14. The Theory of Lifestyle

Week 10

February 18,

2019

15. The Adlerian theory of lifestyle

Week 11

February 25,

2019

16.

The origin of lifestyle. What lifestyle is and how it develops?

Week 12

March 4,

2019

17. Goal directedness of Lifestyle. The factors

that influence lifestyle.

Week 13

March 11,

2019

18. The component parts of lifestyle

assessment.

19. The goals of behavior in children and adults

Week 14

March 18,

2019

20. Sigmund Freud

Week 15

March 25,

2019

21.

Carl JUNG

Week 16

April 1, 2019

22. Erik Erikson

Computer

Highlight

6

Week 17

April 8, 2019

23. Discussion

24.

Discussion

*The schedule will be followed, subject to change/s due to

unforeseen/unavoidable circumstances.

4. READING AND MATERIALS A. Textbook

1. Readings & Material:

A. Textbooks / Suggested Readings

Klemke E.D., The Meaning of Life, 2nd Edition

Ranganathan, Shyam, Ethics and the History of Indian Philosophy,

Motilal Banarsidass, (2016)

Boss, Judith A.,Ethics for Life: A text with reading (4th edition),

Boston,M.A., McGraw Hill, (2008)

Epictetus Translated by Nicholas White, The Handbook of Epictetus,

Hackett Publishing Company, Indianapolis/Cambridge, (1942) Hill Napolean, Laws of Success, Ralston University Press, Meriden,

CONN, (1928)

Murphy Joseph, The Power of Your Subconscious Mind, Prentice Hall, (1963)

Carlson, Watts, Maniacci, Adlerian Therapy, Theory and Practice, American Psychological Association, Washington DC, (2002)

B. Journals/Magazines

Quality of Life Research(Springer)

Journal of Moral Education(JSTOR)

Note:

Learners will be provided reading materials one week before the

class through library@curiosity and notified through OWL. These articles and reading materials will constitute important part of the reading material

The above list is indicative and not exhaustive. Journal articles and reading material will be shared with the learners either

through Library or OWL Earlier editions of a number of the above texts might also be available and

can be consulted once account is taken of their datedness, particularly as

to applicable case law. In the current learning environment we should not compartmentalise the

7

knowledge and shall try to link other disciplines to understand the course in focus. To encourage reading and analytical ability learners are encouraged to use the

available resources in our Library. A good resource to use is online databases such as Emerald; Ebsco; JSTOR; Global Business Review available on campus network. For supplementary reading, you could, for instance, begin by consulting the

relevant sections of the “alternative” texts placed on loan in the law library. Thereafter you could engage in your own research, with particular reference to

journals on online databases including SCC Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), Ebrary, Emerald &

EBSCO, and offline database including AIR.

5. ASSESSMENT Internal Assessment: Internal examination will be conducted for 50 marks. It will

include: A. First Internal Assessment – Project (Long-Term Paper) (10 Marks)

B. Second Internal Assessment – Tutorial (Open Book Examination)(20 marks)

C. Third Internal Assessment – Learning Logs/Diaries (20 marks)



Project (10Marks) is aimed at improving the writing, research, and

communication and presentation skills to make student’s learning, academically more challenging and rigorous than standard lecture and test format courses. The topics of the project shall be provided to learner by 18-12-2018 by the

Course-in-Charge through library@curiosity. Detailed guidelines will again be given along with the assignment of the topic.

The learner is expected to reflect on the topic and write a 2400 words paper/essay on the topic highlighting the different facets of the topics. The term

paper/ essay shall include: Introduction; Three main themes/ issues/questions on which the essay is going to focus; Views of the

learner along with the review of literature; and Conclusion.

The word limit has to be strictly adhered and any form of plagiarism is not

allowed. As per the Anti-plagiarism policy, all projects shall be subject to plagiarism check vide the ‘Turn-it In’ software. Project/s with more than 15%

plagiarized content shall be marked ‘zero’.Turnitin report for plagiarism needs to be attached with the final submission. Turnitin report highlighting content similarity of more than 15% shall invite strict actions and the learner shall be

awarded “zero” marks for the project. Despite the report’s content similarity being lower, if the Course-in-charge identifies any form of plagiarism,

undetected by Turnitin, the learner will have to face a penalty of negative

8

marking (Negative marking of up to 05 marks).

The submission shall be accepted only in Print form with no spiral binding and

any other file or plastic cover. The print strictly needs to be on both side of the paper. The cover page template is annexed with this document (Refer to

Annexure A).

Late-Submissions will invite negative marking of 03 marks per day.

Note: The final project report shall be printed on both sides of the A-4

sheet.

Project Schedule

Assignment Date 18-December-2018

Submission Date 11-February-2019

The time and venue for the submission shall be notified through

Owl@curiosity

B. Tutorial Mode and Schedule There will be one tutorial of 20 marks. There will be minimum two questions of 10 marks each. The tutorial will be “Open Book Test”. It is designed to ensure

that the learners practice their ability to reflect and relate theories and improve their expression style in writing. It is aimed at improving the writing, research,

communication, and presentation skills. It is Open Book Examination i.e. examinees are allowed to bring and use any material including Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It does not include

use of any electronic gadgets, machine or alike material.


Process: You are notified that two online sessions with the help of ‘Banyan

Tree @Curiosity’ will be conducted for Tutorial. This activity is compulsory

for all and attendance so granted will form part of the total

attendance. Both these sessions are COMPULSORY for all learners. Your

quality response/answer/reply within stipulated Date and Time allotted should

be submitted. Those, who will respond/answer/reply within stipulated Date

and Time allotted, will be granted attendance for ‘One Lecture’. No response

from a learner will result in absentee of the said learner. Please remember

attendance so granted for the session/s will form part of the total lectures and

thus attendance.

Tutorial Schedule


March 06, 2019 March 13, 2019 Greek Philosophical Schools, Indian Schools of Philosophy (all six darshanas)

9


Session

Begins

Ends

Attendance

Date & Time

Date & Time

I

17/01/2019

@8:00 pm

19/01/2019

@11:59 pm

One Lecture

II

12/02/2019 @8:00pm

14/02/2019 @11:59 pm

One Lecture

C. Third Assessment: Learning Logs/Diaries and schedule

Learning Logs/Diaries (20 marks) will give the learners an opportunity to get acquainted with their inner selves and understand critical issues causing hindrance in personality development and also develop an essay in the form of

a biography. Five different work-sheets shall be provided to learners through library@curiosity and the notification for the same shall be sent through

OWL@Curiosity. These worksheets will invite learners to reflect and express on their life and relate the class room discussions with their lives. It will be the responsibility of the learner to ensure that the filled worksheet is signed by the

course-in-charge in the next class or within 07 days of the assignment of the worksheet.

Each worksheet will be evaluated out of 03 marks. Evaluation criterion includes: Punctuality(0.5 marks); Clarity of thoughts and Expression style(01 marks);

Ability to relate/reflect on their life with the theories and concepts discussed in the class(1.5 marks).

Apart from the worksheets, another component will be self-reflection exercise after every session of the course. The format for the self-reflection exercise will

be provided through OWL@curiosity. This self-reflection exercise will feed into the essay that has to be written by each learner. The same shall be

evaluated out of five marks. The evaluation criterion includes: consistency (Self-reflection exercises), clarity of thoughts and expression.

Submission Guidelines:

The worksheets that will be provided online needs to be filled and then

printed. No hand-written submission is permitted.

10

The Self-reflection exercise, required to be done after every session, needs to be attached with the final essay.

The self-reflection exercise along with the essay needs to be typed and printed.

Name, PRN, Division, Batch shall be written on the right-hand top corner

of both the submission. The submissions shall be printed on both sides of the A-4 sheet.

All the worksheets, along with the self-reflection activity and essay needs to be submitted on 01-April-2019. The time and venue for the

submission shall be notified through Owl@curiosity


The Course In-Charge for Philosophies of Life and Lifestyle is Dr. Garima Yadav. In case you face any problem in dealing with the subject, feel free to see the concerned faculty.


If few doubts remain, please contact me via e-mail: [email protected] .

Your questions and comments are always welcome.


11

Annexure A

Philosophies of Life and Lifestyle

Appendix ‘A’ – Front-Page and Cover


Submitted by


Batch……….

Division………. PRN…….

of Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE

In Month, year


Dr Garima Yadav

Course-in-Charge

Philosophies of Life and Lifestyle

Teaching Plan Philosophy of Law and Ethics Dec19-April20 Page 1

December 2019-April 2020

BY

Dr. PRIYAMVADA MISHRA

Teaching Plan

Academic Year (2019-20)

Semester VI

Philosophy of Law and Ethics




1. INTRODUCTION:

This course is taught to the students to enable the students grasp peculiar nature of

human action that makes moral judgments possible and necessary. To familiarise the

students with the various theories regarding origin of human society and need of state as

a regulative mechanism. To introduce the students to the various approaches to moral

evaluation, justice and punishment. To help the students grasp the problems in

establishing truth and alternative approaches to solve them. To clarify the structure of the

laws of state, their need and factors affecting their efficiency.

This course deals with various philosophies and theories of law, morality, truth, good-

bad, right- wrong. Philosophy (its Origins, characteristics, main areas, applications, value.

relevance to law) Moral Philosophy (Nature, human conduct, main concept - good, right,

duty, aught, human conduct, standard of moral judgment, Theories regarding standard of

moral judgment, Theological -.Hobbes, Bentham, Mill, Deontological - Kant, Gita)

Theories of Truths (Correspondence, Coherence, Pragmatic) Social Philosophy (Theories

regarding origins and nature of society Individual and society) Need for regulation. Virtues

for a healthy society - Equality, Liberty, Fraternity, Justice, Role and nature of justice

Justice - regulative, corrective, distributive, social Theories of punishment - Retributive,

Deterrent, Reformative Law (Nature and structure, Types of law. Law and morality

Sanctions behind laws of State)

2 LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)

A. Knowledge

Knowledge of philosophy will demand that students have the capacity to demonstrate

insight in presenting materials drawn from a wide and sometimes contradictory range of

primary and secondary sources and evaluate them on the basis of philosophies and

theories learnt.

Philosophy will demand that students have the capacity to be able to communicate with

the world outside, on the basis of theoretical background gained from the course.

Comp Lab II

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The overall objective of this course is to enable the students to

(i) demonstrate knowledge and understanding of the wide range of theories and

philosophies of morality, ethics, just actions and

(ii) demonstrate a comprehensive and accurate knowledge and understanding of the

details of theories of various philosophers

B. Skills

The overall objective of this undergraduate course is to inculcate you with the following

set of skills: general cognitive intellectual skills; general communicative/employability

skills; and subject specific skills.

C. Outcome

After the completion of the course, student will be able to

1) To identify different aspects of application of Philosophy of Law and Ethics in daily

lives of an individual and a lawyer.

2) To acquire knowledge of the existing theories of Origin of State and Nature of state.

3) To compare the various types of theories of each concept

4) To review the concepts of Moral Judegment.

5) To apply the knowledge of various theories of truth in their daily life.

6) To design the process on the basis of theories of Punishment.

Final Outcome

Assessment is by compulsory coursework examination (100%) Including Internal (40%)

and External Assessment (60%) by the Symbiosis International (Deemed University)

3. LECTURES



Three lectures per week have been set aside for this course for each division. Verify it

from the timetable assigned for each division. In addition to regular classes, two Banyan

Tree sessions will be conducted which will form part of attendance as well. Pl. refer to the

Banyan Tree Sessions schedule as given under Tutorial- Mode and Schedule. Lecture

outlines, principally in the form of PowerPoint slides, and relevant study/reading material

will be made available in „The Library‟ on „Curiosity‟ Portal at

https://slsnoida.curiositylive.com. To facilitate your understanding of these lectures, you

should always read at least the relevant pages of suggested readings in advance of each

lecture.



other forms of instruction as defined by the programme of study.

The student will not be eligible to appear for the examination if he / she fail to put in the

required attendance. The Students can update themselves of their attendance daily online

in „Attendance‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.

B. Notifications

Learners are informed that notice/s, if required, with respect to AcademicAdministration,

either by Course-in-Charge or Faculty-In-Charge, Academic Coordination will be sent

using „Owl@Curiosity‟. No notifications will be published by either Course-in-

Charge/Faculty-In-Charge, Academic Coordination or Learner using „Library@Curiosity‟.

You are required to keep yourself duly informed.

C. Lecture Outline

Week 1

December

30, 2019

Lecture 1 – Teaching Plan

Lecture 2 – Teaching Plan

Lecture 3 – Allotment of Projects

Week 2

January

06, 2020

Lecture 4 – Introduction to Philosophy

Lecture 5 – What is Philosophy

Lecture 6 – Characteristics & Origins of Philosophy



Week 3

January

13, 2020

Lecture 7 - Main Areas of Philosophy

Lecture 8 – Applications of Philosophy in everyday life

Lecture 9 – Values of Philosophy

Week 4

January

20, 2020

Lecture 10 – Relationship of Philosophy and Law

Lecture 11 – Nature of Moral Philosophy

Lecture 12 – Human Conduct

Week 5

January

27, 2020

Lecture 13- Concept of Good, Bad

Lecture 14 – Concept of rights

Lecture 15 – Concept of duty, aught

Week 6

February

03, 2020

Lecture 16 – Standard of Moral Judgement

Lecture 17 - Deontological Theories & Theological Theories

Lecture 18 – Teleological theories of Moral Judgment- Bentham

Week 7

February

10, 2020

Lecture 19- Teleological theories of Moral Judgment- Hobbes

Lecture 20 - Deontological theories of Moral Judgment- Mill

Lecture 21 - Deontological theories of Moral Judgment- Gita

Week 8

February

17, 2020

Lecture 22 – Deontological theories of Moral Judgment- Kant

Lecture 23 – Theories of Truth

Lecture 24 – Correspondence Theory of Truth

Week 9

February

24, 2020

Lecture 25 – Coherence Theory of Truth

Lecture 26 – Pragmatic Theory of Truth

Lecture 27 – Nihilist theory of Truth

Week 10

March 02,

2020

Lecture 28 – Tutorial Discussion

Lecture 29 – Theories regarding origin of state

Lecture 30 – Theories regarding origin of state

Week 11

March 09,

2020

Lecture 31 – Theories regarding nature of state

Lecture 32 - Theories regarding nature of state

Lecture 33 – Theories regarding nature of state

Week 12

March 16,

2020

Lecture 34 – Virtues of a Healthy society- Discussion

Lecture 35 – Virtues of a Healthy society

Lecture 36 - Types of Justice

Week 13

March 23,

Lecture 37 – Theories of Justice

Lecture 38 – Theories of Justice

Comp Lab II

Highlight

Comp Lab II

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Comp Lab II

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Comp Lab II

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Comp Lab II

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Comp Lab II

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2020 Lecture 39 – Theories of Punishment- Retributive

Week 14

March 30,

2020

Lecture 40 – Theories of Punishment- Retributive

Lecture 41 - Theories of Punishment- Deterrent

Lecture 42 - Theories of Punishment- Deterrent

Week 15

April 06,

2020

Lecture 43- Theories of Punishment- Reformative

Lecture 44- Theories of Punishment- Reformative

Lecture 45- Nature & Structure of Law

Week 16

April 13,

2020

Lecture 46 – Types of Laws

Lecture 47 – Law and Morality

Lecture 48 – Revision

Week 17

April 20,

2020






4 READING AND MATERIALS

A Textbook

Burr, John R., Philosophy and Contemporary Issues, PHI Publication

Craig, Edward, Philosophy: A Very Short Introduction, OUP (2002)

B Suggested Readings

Bertrand Russell The Analysis of Mind, Indy Publishing House (2002)

Bertrand Russell The Problems of Philosophy, OUP (1997)

Erendan Wilson, Simply Philosophy, Edinburgh University Press, Edinburgh (2002)

Craig William Lane, Meeker Kevin, Moreland J. P. Philosophy of Religion: A Reader

and Guide, Edinburgh University Press Ltd, Edinburgh (2002)

De Bono Edward Lateral Thinking, Viking (2009)

Jeff Malpas, Robert C. Solomon, Death and Philosophy-1 Oxon, Routledge (1998)

Karl Popper Knowledge and the body mind problem, Routledge, (1996)

Comp Lab II

Highlight

Comp Lab II

Highlight


Mark Tebbit, Philosophy of Law: An Introduction-2, Routledge Oxon, (2006)

Wilson, Brendon, Simply Philosophy, Edinburgh (2002)

Balasubramaniam, R. Dubey, S.P., Facets of Recent Indian Philosophy, ICPR, New

Delhi (1998)

Rommen, Heinrich, The Natural Law: A study in legal and social philosophy, Liberty

Fund (1998)

Fordyce, David, The Elements of Moral Philosophy, Liberty Fund (2003)

Beakley, Brian Philosophy of Mind, PHI Publication (2013)

Raghuramraju, A. Debates in Indian Philosophy, OUP (2004)

Raghuramraju, A. Philosophy and India, UP (2012)

Miri, Mrinal, Philosophy and Education, OUP (2014)

C. Online Material for References

Online Library of Liberty http://oll.libertyfund.org/

Stanford Encyclopedia of Philosophy http://plato.stanford.edu/contents.html

Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a

number of the above texts might also be available and can be consulted once account is

taken of their datedness, particularly as to applicable case law. These texts were selected

because they provide in one volume a combination of text, cases and materials i.e., a

“one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much more to

the Tort law than this, and you will undoubtedly benefit from undertaking some reading and

study of your own. It is creditable if you, in respect of the proper use of independent

research and study, follow up in the Law Library some of the case references, periodical

articles or other material referred to in the prime textbook or in class – or even to do some

research of your own. For supplementary reading, you could, for instance, begin by

consulting the relevant sections of the “alternative” texts placed on loan in the law library.

Thereafter you could engage in your own research, with particular reference to journals on

online databases including SCC Online, LexisNexis, Manupatra, WestLaw India,

HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent,

http://oll.libertyfund.org/

http://plato.stanford.edu/contents.html


and Kluwer Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database

including AIR.

5. ASSESSMENT

Philosophy of Law and Ethics is a 04 credit course so you will be examined in this course for

100 marks.

Internal Assessment: Internal examination will be conducted for 40 marks. It will include:

A. First Internal Assessment – Project (10 Marks)

B. Second Internal Assessment – Tutorial (Open Book Examination)(20 marks)

C. Third Internal Assessment - Viva-Voce (10 marks)

External Assessment: The Symbiosis International (Deemed University) will conduct

external written examination for 60 marks. It consists of ten objective-type (2 marks each

= 20 marks) and 4 subjective-type/cases and open problems/questions (10 Marks each)

with an alternative (40 marks).


Each student will have to attempt each of the above assessment modes on all the

occasion. The details pertaining to three internal assessment modes are as follows:

A. Project and Schedule

The students have to identify a broad topic after the discussion in second lecture,

and have to narrow down the topic with the Course In-charge by January 04, 2019.

A Project of not more than 2500 words has to be submitted on the selected topic. It

should contain Introduction (1 Mark), Review of Existing theories/models (2 Marks)

, Basic Tenets (3 Marks), Criticism (3 Marks), Conclusion (1 Mark)

The Project so submitted, shall be the Printed version of Turnitin Report itself. Do

not submit double copies.

Turnitin report highlighting content similarity of more than 15% shall invite strict

actions and the learner shall be awarded “zero” marks for the project.


Despite the report‟s content similarity being lower, if the Course-in-charge identifies

any form of plagiarism, undetected by Turnitin, the learner will have to face a

penalty of negative marking.

The Project can be submitted simply by stapling the same.

Finalisation of Project

Topics

Submission Result

January 03, 2020 February 05, 2020 February 18, 2020

B. Tutorial and Schedule

There will be one tutorial of 20 marks, minimum two questions of 10 marks each.

The tutorial will be “Open Book Test”. It is designed to ensure that the learners

practice their ability to reflect and relate theories and improve their expression style

in writing.

It is aimed at improving the writing, research, communication, and presentation

skills. It is Open Book Examination i.e. examinees are allowed to bring and use any

material including Books, Articles, Hand Written Notes, Hand Outs and alike printed

material. It does not include use of any electronic gadgets, machine or alike

material.

Tutorial Date Result Date Topic for Tutorial

February 28, 2020 March 12, 2020 Unit 1, 2 and 3

Banyan Tree Session



attendance so granted will form part of the total attendance. Your quality

response/answer/reply within stipulated Date and Time allotted should be submitted.

Those, who will respond/answer/reply within stipulated Date and Time allotted, will be

granted attendance for „One Lecture‟. No response from a learner will result in absentee of


the said learner. Please remember attendance so granted for the session/s will form part

of the total lectures and thus attendance.


Session

Begins

Ends

Attendance

Date & Time

Date & Time

I

January 30, 2020 @4:00 pm

February 01, 2020 @11:59 pm

One Lecture

II

February 21, 2020 @4:00pm

February 23, 2020 @11:59 pm

One Lecture

C. Viva Voce:

The Learners will be marked on Clarity of Concept (4 Marks), Ability to relate to current

examples (4 Marks), Confidence and Personal demeanor (2 Marks)

The viva voce examination will normally last 10 minutes and will be marked by

course-in-charge.

Strict Adherence to the schedule. If the learner is not present on the date of Viva-

voce the learner will be given Zero marks. The timetable of the Viva Voce is as

follow:

Schedule:

Division Roll No Date Time

C 1-20 March 17, 2020 2:00 p.m.- 5:00 p.m.

21-40 March 18, 2020 2:00 p.m.- 5:00 p.m.

41 onwards March 19, 2020 2:00 p.m.- 5:00 p.m.

D 1-20 March 20, 2020 2:00 p.m.- 5:00 p.m.

21-40 March 23, 2020 2:00 p.m.- 5:00 p.m.

41 onwards March 24, 2020 2:00 p.m.- 5:00 p.m.


7.ADMINISTRATIVE ARRANGEMENTS AND CONTACT HOURS

The Course In-Charge for Philosophy of Law and Ethics is Dr. Priyamvada Mishra. If any

doubts remain, kindly contact the faculty via her e-mail ID: [email protected]

during office hours, i.e. 9 am to 5 pm. They may also visit the course-in-charge between

2 pm and 4.00 pm on Monday and Friday.

All questions, comments, and feedback are welcome. While the lessons will be seminar-

style and all learners are encouraged to participate, those who do struggle to speak in

class are welcome to continue the conversation in person after class as well. The aim is to

give learners the greatest flexibility and autonomy over their learning and thought

process, especially when it comes to their distinct analyses of the provided readings.



Enclosure A:

Guidelines for Project

(1) It is an individual project- The topic to be finalized after consulting the

course in-charge

(2) Marks Distribution- Introduction (1 Mark), Brief Review of Existing

theories/models (2 Marks) , Basic Tenets (3 Marks), Criticism (3 Marks),

Conclusion (1 Mark)

(3) No Project in any case, shall be accepted beyond the date provided in the

Schedule.

(4) Absence of any of the following shall be liable for Non- Acceptance.

Project shall be submitted as:

Cover Page

The Main Project- Turnitin Print

(5) The title of the project, name of the candidate, degree, faculty, university,

month and year of submission, and the name of the research guide with

his/her designation and full official address shall be printed on the first

page and on the front cover as given in Appendix „A‟


Appendix ‘A’ –

Front-page and Cover

Title of the project (centered on two or more lines) ----------------------------------------------------------

---------------------------------------------------------- ----------------------------------------------------

Submitted by Name of the candidate

-----------------------------------------

Batch 2017-2022 Division ….

PRN ……. of Symbiosis Law School, NOIDA


In

Month, year Under the guidance of

Name of guide

----------------------------------- Designation and official address of research guide

---------------------------------------------------------- --------------------------------------

Teaching Plan Concept of Wealth & Prosperity 2019 Dr. Priyamvada Mishra Page 1

Teaching Plan

CONCEPT OF WEALTH AND

PROSPERITY

Semester III

Batch: 2018-23

(Academic Year 2019-20)

By

Dr. Priyamvada Mishra


Constituent of Symbiosis (International

Deemed) University, Pune

July 2019 - October 2019


1. INTRODUCTION

The main objective behind teaching Concept of Wealth and Prosperity

to students is to make them understand the actual meaning of Wealth

and Prosperity.

Different people have different definitions of wealth and prosperity. Some

people toil so hard to make fortunes which will last them for

generations. To some happiness, good health, ample time for family is of

paramount importance. We have to imbibe in students the true principles

of wealth and prosperity. With material wealth one has to concentrate

more on spiritual wealth also for perfect semblance of body, mind and

soul. This combination will take the students to great altitudes with perfect

attitude in life.


a) Knowledge

The students will get a thorough knowledge of wealth and prosperity as both

are correlated. They will learn how to acquire true wealth like good

health, happiness, excellent career, economic stability, freedom of

thought through spirituality thus developing a stable mind and last but not

the least consistency in behavior which will make them seasoned

professionals. They will also get an insight into the different theories of

wealth and prosperity like ancient and modern views of wealth and

prosperity, genuine wealth, human capital, relationship between wealth

and happiness etc.

Computer

Highlight


b) Skills

At the end of the course the skill sets learnt by students will be the

difference between material wealth, inner soundness, happiness, love,

freedom of thought, and finally leading a good life.

They will become thorough professionals in their field with all the

qualities required to reach the zenith of their career. Focus is to make

them best professionals in their respective fields but with a human touch.

c) Outcome

Three most important points that will come to fore after attending the

lectures will be:

1) Meaning and concept of wealth

2) Meaning and concept of prosperity

3) Theory of Wealth and Prosperity

Final Outcome

Assessment is by compulsory coursework examination (Internal 100%) under

the auspices of the Symbiosis International University.

3. LECTURES


One lecture time has been set aside for this course for each division.

Verify it from the timetable assigned for each division. Lecture outlines,

principally in the form of Power-Point slides, and relevant study/reading

material will be made available in „The Library‟ on „Curiosity‟ Portal at

https://slsnoida.curiositylive.com. To facilitate your understanding of these

lectures, you should always read at least the relevant pages of suggested


readings in advance of each lecture.

As per Symbiosis International ( Deemed University) Regulations,

please note, “Students are expected to attend minimum 75% of all

scheduled sessions and other forms of instruction as defined by the

programme of study.”

It is important to take notice that two on-line sessions will be conducted for

the tutorial, as per the scheduled given herein below. Those who will respond

to such session @ curiosity will be given attendance for one lecture for each

session.

The student will not be eligible to appear for the examination if he / she fail

to put in the required attendance. The Students can update themselves

of their attendance daily online in „Attendance‟ on „Curiosity‟ Portal at

https://slsnoida.curiositylive.com

B. Notifications



Coordination will be sent using „Owl@Curiosity‟. No notifications will be published

by either Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner

using „Library@Curiosity‟. You are required to keep yourself duly informed.

C. Lecture Outline:

Week 1:

July 02, 2019

Lecture 1: Teaching Plan

Week 2:

July 08, 2019

Lecture 2: Course Preview


Week 3:

July 15, 2019

Lecture 3: What is Wealth

Week 4:

July 22, 2019

Lecture 4: Types of wealth

Week 5:

July 29, 2019

Lecture 5: Relation between types of Wealth

Week 6:

Aug 05, 2019

Lecture 6: Prioritise Wealth

Week 7:

Aug 12, 2019

Lecture 7: Conclusion

Week 8:

Aug 19, 2019

Lecture 8: What is Prosperity

Week 9:

Aug 26, 2019

Lecture 9: Indicators of Prosperity

Week 10:

Sep 02, 2019

Lecture 10: Tutorial Discussion

Week 11:

Sep 09, 2019

Lecture 11: Structured Questionnaire

Week 12:

Sep 16, 2019

Lecture 12: Types of Prosperity

Week 13:

Sep 23, 2019


Week 14:

Sep 30, 2019

Lecture 14: Relationship between Wealth & Prosperity

Week 15:

Oct 07, 2019

Lecture 15: Relationship between Wealth & Prosperity- Indian

Perspective

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Week 16:

Oct 14, 2019

Lecture 16: Relationship between Wealth & Prosperity- Western

Perspective

Week 17:

Oct 21, 2019


4. READING & MATERIALS:

SUGGESTED READINGS - BOOKS

Adam Smith, Wealth of Nation, Simon & Brown (2012)

Jean E. Hampton, the Authority of Reason, Cambridge University Press

(1998)

Peter Cole and Daisy Reese, True Self, True Wealth: A Pathway to

Prosperity, Atria Books/Beyond Words; Original edition (2007)

Richard J. Principle of Sustainable Living, ESC (2011)

Russell Roberts, The Price of Everything: A Parable of Possibility and

Prosperity‟, Princeton University Press, (2009)

For supplementary reading, you could, for instance, begin by consulting the relevant

sections of the “alternative” texts placed on loan in the law library. Thereafter you

could engage in your own research, with particular reference to journals on online

databases including Emerald, Ebrary, JSTOR, SCC Online, Kluwer Arbitration,

Journal of Moral Education, Web of Science, SCOPUS.

5. ASSESSMENT

You will be examined in this course by Internal (100%) format. There will be no

external examination. Internal examination will be conducted for 50 marks. It will

include the following mode of evaluation:

A. Ist mode of evaluation: One Long Term Paper (10 marks)

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B. IInd mode of evaluation: One tutorial (20 marks)

C. IIIrd mode of evaluation: Structured Interview of (20 marks).

There will be no external examination for this course.

6. INTERNAL ASSEMENT: MODE & SCHEDULE

A. Project (Long Term Paper) – Mode & Schedule

There will be one long term paper, where students will weave a picture out of 10

pictures. There will be one tutorial of 20 marks. Each student will attempt it on all

occasion. In addition, one structured Questionnaire will be administered by learners

which will be evaluated out of 20 marks.

Process of allotment of topics

o The students will choose their long term paper topics after the introductory

session in class.

o This process of selection of topic must be completed by July 06, 2019 in person.

o Communication of selection of topic may be done either in-person or through

email as well by July 04, 2019.

o The students can have same topic, but the story they carve out of the pictures is

their creativity and will be different.

The timetable of the Long Term Paper, Tutorials and Structured Questionnaire is

as follows:

Schedule - Long Term Paper


July 03, 2019 August 13, 2019 August 20, 2019


GUIDELINES FOR LONG TERM PAPER

1. The learners will choose a topic of their choice after due consultation with

the Course In-charge.

2. Learners have to draw/ print 10 related pictures and weave a story out of it.

3. No Spiral Binding / plastic covers, only stapled copy, with the Cover Page.

4. Printing to be done on both sides

5. No handwritten submissions shall be taken

6. Please ensure the timely submission of your term paper. Delay of every

day shall invite (-2) marks.

B. Tutorial: Mode & Schedule

Tutorial will be an Open Book Exam, containing minimum two questions of 10 marks

each which will be application based and requires students to correlate what has been

discussed in class and the situation so provided.

Schedule - Tutorial

Date Result Topic

September 03, 2019 September 10, 2019

Unit 1: wealth

Unit 2: Prosperity

(As per handbook)


Ist Session IInd Session

Date of Uploading

‘query’ by the faculty

July 23, 2019 @ 4:00

p.m.

August 12, 2019 @

4:00 p.m.

Last-date for uploading

reply

July 25, 2019 @ 4:00

p.m.

August 14, 2019 @

4:00 p.m.


C. Learning Logs/ Diaries: Schedule

Four Worksheets will be uploaded, based on class discussions and the concepts taught

in the class. All the four worksheets will have to be submitted within 24 hours. Each

worksheet will be assessed on punctuality, analysis of the situation and the ability to

relate to class discussions.

Parameter of evaluation:

Each worksheet will be evaluated for 5 marks (four worksheets x 5 marks = 20

marks).

o Punctuality (1 mark),

o Analysis of the situation(2 marks), &

o Ability to relate to class discussions (2 Marks).

Schedule – Log / Diaries

Date of Submission Date of Result

September 09, 2019 September 30, 2019


The course in charge for Concept of Wealth and Prosperity is Dr. Priyamvada

Mishra. If learners have any problem with her work, please feel free to contact the

course faculty. Notices relating to the course will be posted online in „The Library‟

on OWL online at https://slsnoida.curiositylive.com


If few doubts remain, please contact me via e-mail: [email protected] I

welcome your questions and your comments.




Appendix A – Front page and Cover

Title of the project

Submitted by


Class…..Division …. Prn. No..



on

Date, Month, year


Name of guide


TEACHING PLAN – LAW OF CRIMES- I: IPC (2019-2020)

+


Semester IV

Teaching Plan

Law of Crimes Paper I: Penal Code

By-

Ms. Meera Mathew

(Assistant Professor)

&

Mr. Vikram Singh




December 2019 – April 2020


1. INTRODUCTION

This course would familiarize students with the substantive criminal law of India, which is Indian

Penal Code of 1860. It defines offences and the punishments for those offences. The purpose of

criminal law is to regulate social behavior and recommends whatsoever is unlawful, harmful, or

otherwise endangering to the human body, property, health, safety, and moral welfare of people.

In countries across the world, the crimes are predominantly defined by statute, and the application

varies enormously depending upon the history, the judicial precedents if they follow common law

jurisdiction and how the trial takes place. This curriculum of fourth semester covers the general

elements of criminal liability by introducing to the learners at the outset itself the concepts such as

mensrea, its degrees, actus reus, differentiating criminal law from civil laws and further

elucidating various perceptions and theories. While clarifying the concept of liability, the meaning

of act, omissions, principles of causation, concurrence principles, the scope of complicity, and the

meaning of inchoate offences will be imparted. Under defenses, the course examines the general

theory of justification and excuse. Furthermore it delves in to description of crimes specifically

against human Corpus and crime against property along with punishments and its variations as per

the facts and circumstances by deliberating upon case laws.


The 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 impact. 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.

The course aims at understanding and analyzing recent changes in this branch by appreciating

dynamic nature of this branch of law. Course structure enables student to analyze, scrutinize and

to mould a critical approach.

A. Knowledge

The primary objectives of this course are:-

• To familiarize the students with the key concepts regarding crime and criminal law.

• To expose the students to the range of mental states that constitutes mens rea essential for

committing crime.

• To teach specific offences under the Indian Penal Code.

• To keep students abreast of the latest developments and changes in the field of criminal law.

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B. Skills

The subject has been so designed as to generate critical thinking among students about the stated

objectives of criminal law and to enable them to examine the recent developments and changes

that have taken place in the field. The overall objective of this undergraduate course is to

inculcate the learner with the following set of skills: general cognitive intellectual skills, general

communicative/employability skills and subject specific skills.

Cognitive:

Law of Crimes Paper-I will demand that students have the capacity to demonstrate insight in

presenting materials drawn from a varied and sometimes wide range of primary and secondary

sources and doctrinal commentaries. The substantive materials continue to focus on imparting an

understanding of those basic principles and doctrines that come into play across the range of

special offenses.

Employability:

It is imperative that learners obtain an understanding of the basis principles as reflected in the

detailed case studies of some particular offenses. The paper will demand that students have the

capacity to be able to write and use orally fluent and complex prose; using legal terminology with

scrupulous care and accuracy.

Subject Specific:

Law of Crimes Paper-I will demand an ability to identify and select key relevant issues and to

apply that knowledge with clarity to difficult situation of significant legal complexity; to analyze

problem and to produce well-supported conclusions in relation to them.

A. Outcomes:

Two key skills will be highlighted by this course (a) case synthesis/problem solving and (b)

independent research. These skills will be central to the learners‟ success in completing this course‟s

scheme of assessment

Case Synthesis/Problem solving:

For the preparation of tutorial, the learner would be asked to read, analyze and synthesize a

number of cases. The learner would similarly be asked to use that knowledge to support his/her

answer to a number of hypothetical, factual or problem scenarios. Hence it is necessary to fetch

sufficient aptitude to the encounter of solving some of the most vexing problems of our times.


Independent research work:

In preparing for the course work assignment, particular emphasis will be placed on independent

learning i.e., the ability to take initiative in the design (individualized approach or plan of action)

and research (external legal and non-legal sources) of the stated project. The course work in

question is deliberately broadly drawn, and is designed to challenge the learner in this regard.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External= 100%)

under the auspices of the Symbiosis International (Deemed University), Pune.

3. LECTURES


Three lecture times have been set aside for the learners for this course for each division. Verify it

from the time-table assigned for each division. Lecture outlines, principally in the form of brief

notes, and relevant study/reading material will be made available through “Owl” at

www.curiosity.symlaw.edu.in. To facilitate your understanding of these lectures, you should

always read at least the relevant pages of suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations, “Students are expected to

attend minimum 75% of all scheduled sessions and other forms of instruction as defined by

the programme of study.”

The student will not be eligible to appear for the examination if he / she fail to put in the required

attendance. The Students can update themselves of their attendance daily online in “Attendance‟

on “Curiosity‟ Portal at www.curiosity.symlaw.edu.in.

B. Scheme and Structure

Topic 1: Introduction to the Indian Penal Code (07)

I General Issues Relating to Criminal Liability

II Concepts of liability (Tortuous/Contractual/Criminal)

III Elements of Criminal Liability- Actus Reus, Mens rea

IV Concurrence (Actus non facit reum nisi mens sit rea)

V History and Applicability of Indian Penal Code (Territorial/Personal)

VI. Emerging trends to impose liability without „Mens rea‟/Corporate Criminal Liability

http://www.curiosity.symlaw.edu.in/



Topic 2: Inchoate (Incomplete) Crimes (07)

A. Stages in commission of Crimes

I Intention

II Preparation

III Attempt

IV Commission

B. Tests determining what constitutes attempt

C. Impossible attempt

Topic 3: Conditions Negating Criminal Liability (10)

I Mistake of Fact and Mistake of Law (Sections 76 & 79)

II Accident (Section 80)

III Necessity (Section 81)

IV Act of Child (Sections 82-83)

V Insanity and Intoxication (Sections 84-86)

VI Consent (Section 87-90)

VII Private Defence (Sections 96-106)

Topic 4: Group Liability (05)

I. Common Intention (Section 34 IPC)

II Common Object (Section 149 IPC)

III Instigation, Conspiracy & Intentional Aiding (Section 107-120IPC)

Topic 5: Offences against Human Body (10)

I Culpable Homicide

II Murder

III Hurt and Grievous Hurt

IV Assault & Criminal force

V Kidnapping and Abduction

VI Sexual Offences

VII Unnatural offences


Topic 6: Offences against Property (07)

I Theft

II Cheating

III Extortion

IV. Robbery and Dacoity

V Criminal Misappropriation and Criminal Breach of Trust

VI Mischief

VII. Forgery

C. Lecture Outline:

Week Lecture Topic

Week 01:

December 23, 2019

Lecture 1 Teaching Plan and Project Assignment (Discussion)

Lecture 2 Teaching Plan and Project Assignment (Discussion)

Lecture 3 Topic1: Introduction to Criminal Law

Introduction to meaning of Crime, its constituents

Concepts and Elements of Criminal Liability (Actus Reus,

Mens Rea).

Week 02:

December 30, 2019

Lecture 4 Causation principle, Concurrence of Actus Reus & Mens Rea.

Lecture 5 Degrees of Mens Rea.

Lecture 6 Stages of crime.

Week 03:

January 06, 2020

Lecture 7 Emerging Trends to Impose Criminal Liability.

Lecture 8 IPC and its Applicability - Jurisdiction

Lecture 9 Topic 2: Inchoate (Incomplete) Crimes

Inchoate Crimes & Stages of Commission of Crimes.

Week 04:

January 13, 2020

Lecture 10 Intention & Preparation. -Case laws.

Lecture 11 Inchoate Offences.

Lecture 12 Conspiracy.

Week 05:

January 20, 2020

Lecture 13 Abetment.

Lecture1 4 Abetment (cont.…)

Lecture 15 Attempt

Week 06:

January 27, 2020

Lecture 16 Theories of Attempt

Lecture 17 Topic 3: Conditions Negating Criminal Liability

Meaning of General Defence and why such exceptions be

permitted.


Lecture 18 Mistake Of Fact & Mistake of Law (Sec.76 -79 IPC).

Week 07:

February 03, 2020

Lecture 19 Defence of Accident & Necessity (Sec. 80 & 81 IPC).

Lecture 20 Doli Incapax (Sec. 82- 83 IPC) Juvenile Delinquency

Lecture 21 Insanity & Intoxication. (Sec.84- Sec.86 IPC).

Week 08:

February 10, 2020

Lecture 22 Consent (Sec. 87- 90 IPC).

Lecture 23 Private Defence (Sec. 96-106 IPC).

Lecture2 4 Private Defence (Sec. 96-106 IPC).

Week 09:

February 17, 2019

Lecture 25 Cases on Private Defence.

Lecture 26 Offences against the State.

Lecture 27 Topic 4: Group Liability

Common Intention & Common Object

Week 10:

February 24, 2020

Lecture 28 Common Intention & Common Object Cont.

Lecture 29 Common Intention and Common Object –Cases.

Lecture 30 Instigation, Conspiracy and Intentional Aiding.

Week 11:

March 02, 2020

Lecture 31 Topic 5: Offences against Human Body

Culpable Homicide & Murder.

Lecture 32 Culpable Homicide & Murder, Sec.299 (1) with that of Clause

Firstly, Secondly, Sec. 300 of IPC

Lecture 33 Culpable Homicide & Murder: Sec. 299 (2) &Thirdly &

Fourthly of Sec. 300 IPC

Week 12:

March 09, 2020

Lecture3 4 Culpable Homicide & Murder 299 (3) with Fourthly of

Lecture 35 Comparison of Murder And Culpable Homicide.

Lecture 36 Hurt and Grievous Hurt.

Week 13:

March 16, 2020

Lecture 37 Wrongful Restraint &Confinement

Lecture 38 Meaning of force and criminal force.

Lecture 39 Criminal Assault

Week 14:

March 23, 2020

Lecture 40 Sexual Offences

2013, 2018 and 2019 Amendments

Lecture 41 Rape

Lecture 42 Rape

Week 15:

March 30, 2020

Lecture 43 Unnatural Offences

Lecture 44 Topic 6: Offences against Property

Theft

Lecture 45 Extortion and Robbery Dacoity

Week 16:

April 06, 2020

Lecture 46 Cheating and Forgery

Lecture 47 Criminal misappropriation of property and Breach of trust

Lecture 48 Criminal Trespass

Lecture 49 House trespass and House Breaking


Week 17:

April 13, 2020

Lecture 50 Criminal Defamation ,Exceptions to Criminal Defamation

Lecture 51 Revision and Course Doubts.


circumstances.


A. Bare Act - Indian Penal code [(IPC) with the incorporated Amendment Act of 2018].

B. Textbook

Suggested Readings:

William Douglas Morrison, Crime and Its Causes(Swan, Sonnenschein & Co., 1891)

R.C.Nigam, Law of Crimes in India (Asia Publishing House edition, 1965)

K.D Gaur, Text Book on The Indian Penal Code (6th

edn. 2016), Universal Law Publishing

Co. Pvt Ltd., New Delhi.

K.I. Vibhute, P.S.A. Pillai’s Criminal Law, (12th

edn. 2015), Lexis Nexis Butterworths, New

Delhi.

K.T.Thomas and M.A.Rashid (ed.,) The Indian Penal Code (34th Ed. Lexis Nexis

Butterworths, New Delhi, 2014).

C.K. Thakker (Rev.), Ratan Lal & Dhiraj Lal‟s Indian Penal Code, (32′d ed., 2010)

C. Reference Books

Loveless, Janet., Complete Criminal Law ,Oxford University Press 2018

David Ormerod and Karl Laird (ed.), Smith and Hogan's Criminal Law (15th ed.,2018)

Dubber, Markus D., Oxford Handbook of Criminal Law, Oxford University Press, 2016

Padfield, Nicola, Criminal Law Oxford University Press, 2016

Simester (et al) Simester and Sullivan’s Criminal Law: Theory and Doctrine, (6th ed. Hart

Publishing, 2016).

Srivastava, O.P., Principles of criminal Law ,Eastern Book Company, 2016

Jonathan Herring, Criminal Law. Text, Cases, and Materials. (7th ed.,Oxford University

Press, 2017).

Michael J. Allen, Criminal Law (14th ed.,Oxford University Press, 2017).

Wayne LaFave, Criminal Law (West Publishing Company, 3th Edn., 2018).

Horder, Jeremy , Ashworth's principles of Criminal Law ,Oxford University Press,

2013

Stephen, James Fitzjames, General view of the criminal Law,Oxford University Press 2014

Duff, R. A, Philosophical foundations of Criminal Law , Oxford University Press, 2013

Carr, Claudia, Beginning criminal law, Routledge, 2013

Joshum Drossier, Understanding Criminal Law (Mathew Bender, 4th. Edn., 2012)

Glanville William, Criminal Law: The General Part (4th ed., 2012).

Atchuthen Pillai, P. S., Criminal Law. LexisNexis Butterworth‟s India, 2011

Allen, Michael J and Cooper, Simon Elliott and Wood's cases and materials on criminal law

Sweet & Maxwell 2010


Glanville Williams, Textbook of Criminal Law (4th ed., 2009).

George Fletcher, Rethinking Criminal Law (Little Brown publishing., 1978).

*Note: Learners are free to consult any other book available in the library with respect to the

content of the syllabus for advance reading and research work as suggested readings are

indicative not exhaustive.

D. Important Selective Readings/Articles

Stephen F Smith, “Innocence and the Guilty Mind” 69 Hastings Law Journal 1609-1672,

Eugene J. Chesney, “Concept of Mens Rea in the Criminal Law”, 29 Am. Inst. Crim. L. &

Criminology 627 (2017)

Paul K Ryu, “Causation in criminal Law” University of Pennsylvania Law Review 106 (1999)

773-805

Gary Dubin, “Mens Rea Reconsidered: A Plea for a Due Process Concept of Criminal

Responsibility,” 18 Stanford Law Review 322–395 (1990).

Steven R. Morrison, “Relational Criminal Liability” 44 Florida State University Law Review

635-690, (2017).

Daniel K. Spradlin “Mens Rea, Due Process and the Burden of Proving Sanity or Insanity”, 5

Pepp. L. Rev. 1 (1978).

G. Virgo, “Offences against the person: The wheel is come full circle”, 51 Cambridge Law

Journal, 6 (1992).

G. R. Sullivan, “Anger and excuse: Reassessing provocation”, 13 Oxford Journal of Legal

Studies, 421 (1993).

M. A. Owoade, “Scope of self defence in Criminal Law”, 17 Indian Socio-Legal Journal,

35(1991).

R. A. Duff, “Choice character and criminal liability,” 12Law & Philosophy345 (1993).

Susan Estrich “Rape” The Yale Law Journal, 95 (1986).

Francis B. Sayre, “Public Welfare Offenses”, 33 Colum. L. Rev. 55 (1933).

C. L. Carr, “Duress and criminal responsibility”, 10 Law & Philosophy161(1991)

W. Glanville, “Intents in the alternative”, 50 Cambridge Law Journal120 (1991).

M. Gorr, “Private Defence”, 9 Law & Philosophy, 241, (1990).

A. Candeub, “Motive crimes and other minds”, 142 University of Pennsylvania Law Review,

2071 (1994).

T. Weir, “Why does provocation diminish culpability?” 55 Cambridge Law Journal, 420

(1996).

G. R. Sullivan, “Cause and the contemporaneity of actus reus and mens rea”, 52 Cambridge

Law Journal, 487(1993).


Note:

The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a number of

the above texts might also be available and can be consulted once account is taken of their

datedness, particularly as to applicable case law. Bare Act

These texts were selected because they provide in one volume a combination of text, cases and

materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text provides

the basic reading for the course only. There is much more to the Law of Crimes paper I than

this, and you will undoubtedly benefit from undertaking some reading and study of your own.

It is creditable if you, in respect of the proper use of independent research and study, follow up

in the Law Library some of the case references, periodical articles or other material referred to

in the prime textbook or in class – or even to do some research of your own. The list of cases

applicable to syllabus is already given in Annexure- E and learners are requested to go through

these cases when it is communicated to read and come for discussions. Further, I will make

available articles by eminent scholars in this field to be issued from the Library (suggested

reading list will be provided at the time of teaching). If Copyright policy of the publisher of

those articles permits, the articles and e-copies of the book will be posted at the curiosity portal

via curiosity.symlaw.edu.in. For supplementary reading, you could, for instance, begin by

consulting the relevant sections of the “alternative” texts from the law library. Thereafter you

could engage in your own research, with particular reference to journals on online databases

including SCC Online, LexisNexis, Manupatra, Westlaw India, Hein Online, JSTOR,

ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer

Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database including

AIR. Learners are expected to read the latest journals, periodicals, reports and articles to keep

abreast with the recent trends and developments in the subject.


Law of Crimes Paper I: Penal Code is a 4credit course so you will be examined in this course for 100

marks. You will be examined in this course by Internal (40%) and External Assessment (60%)

format.

Internal Assessment will be conducted for 40 marks. It will include:

a. Project-Assignment (10 marks) as the first component of internal assessment and

b. One tutorial (20 marks) as mode of second internal assessment

c. Viva-voice (10 marks) as the third element of internal assessment.

The Symbiosis International (Deemed University) will conduct external written examination for 60

marks at the end of the semester. It consists of ten objectives, 2 mark each (20 marks) and 4 subjective

questions of 10 Marks each with an alternative (40marks). 6. INTERNAL ASSESSMENT MODE AND SCHEDULE


A. Project (Long-Term Paper) Assignment/Submission

Research project is aimed at improving „research skills‟ of the students to make teaching-learning

exercise more challenging and rigorous than standard lecture and test format courses. It further aims

at enhancing learning capability of learners by the process of carrying research activities. One

research project will be undertaken by students which will be evaluated out of 10 marks. The

learners are required to prepare and submit the project as per detailed guidelines mentioned below as

well as mentioned in Annexure A to Annexure C.

1. The list of project topics to each learner will be uploaded on „library‟@ curiosity portal.

2. Word Limit of the project should not exceed more than 2500 words

3. Submit the hard copy of the project on the date mentioned (Similarity Index permissible limit is

upto 15% with the quotations ON, without any filter applications) duly stapled complying with the

format as provided in the Annexures A to C.

4. Printing to be done on both sides. (A - 4size sheets)

5. There will be negative marking (1 mark) for late submission of the project by the learner.

7. The learners shall be evaluated on the basis of research skills, clarity in language and

8. The following are 4 headers are expected to be there in the submitted Project Assignment:

(i) Jurisprudence behind the section of offence- (How the said provision become an offence?

What purpose does it serve) up to 400 words – 3 marks

(ii) Meaning or Explanation (of the given topic without citing the provision in verbatim) –up to

600 words – 2 marks

(iii) Research questions with explanation– up to 1000 words – 3 marks

(iv) Suggestions/Conclusion – up to 500 words– 2 marks

The timetable for the project submission is as follows:



Tutorial will be cases/ problem based questions of 20 marks. It would be an open book exam and

learners are allowed to bring any reading materials except electronic material during the tutorial.

Tutorial Skills:

There would be two questions on which the learner would be required to solve problem- based

i.e. non-theoretical questions. The purpose of tutorial is to give learners an opportunity for

assessing learning of Law of crime paper I: Penal Code. Tutorials also provide you with an

opportunity to develop written skills of presentation and reasoned argument. Lack of preparation

and a fortiori non-attendance will mean that you will fail to make the most of the learning


December 24, 2019 January 24, 2020 February 3, 2020


opportunities provided by these tutorials. In order to achieve the two stated skills objectives i.e.

Presentation and problem solving skills, one tutorial and viva voice are scheduled in this

semester. The timetable of the tutorial is as follows:

Tutorial - Schedule

Tutorial

Date

Topics

Test Result

I February 24, 2020 March 6, 2020 Topic 1, 3 and 4

Banyan Tree Discussion for Tutorial

Process: To understand the kind of questions to be asked in the tutorial, online sessions (situation

based questions) will be conducted by the faculty. Situation based question/s will be uploaded on

„banyan tree‟ @ curiosity portal on said dates. Those who will respond / answer the question

within stipulated time given therein will be granted attendance one lecture each for these sessions.

This activity is compulsory for all and attendance so granted will form part of the total attendance.

The time table for the Banyan Tree discussion as preparatory session is given below:


Banyan Tree

Discussion - I

Banyan Tree Discussion - II

Date of Uploading „query‟ by the

faculty

January 13, 2020 @8:00

p.m.

January 15, 2020 @8:00 p.m.

Last-date for uploading reply by the

students

February 06, 2020 @8:00

p.m.

February 08, 2020 @8:00 p.m.

*Note: If there are any changes in, „Examination Schedule or Syllabus‟ of tutorials it shall be

communicated to you as soon as practicable.

(C) Viva-Voce Mode of Assessment and Schedule

The third mode of internal assessment for the learners for this course shall be viva-voce mode of

assessment which will be evaluated out of 10 marks. The learners shall select any one

important/landmark cases from the prescribed syllabus and prepare it for the viva-voce. (See the

Annexure E for reference) However the learner has to read and get the case pdf before deciding

the case for viva. The excuses such as “the case was not available or the case had no facts written

etc” cannot be entertained before the viva schedule. The learners have to decide the topic and

send the final list indicating the name, class, name of the case along with his/her PRN at Google

group by January 1st week. The making structure of viva will be as follows:

i. Learner‟s Knowledge on the topic- 3 marks


ii. Application and interpretation of law- 3 marks

iii. Confidence and Spontaneity in responding to the queries posed -2 marks

iv. Demeanor and etiquettes – 2 marks

Viva-Voce Schedule:

Date Division Roll No:s Time

March 12,

2020

A 1-22 2:00 – 5:00 pm

March 13,

2020

A 22-44 2:00 – 5:00 pm

March 16,

2020

A 45 onwards 2:00 – 5:00 pm

March 17,

2020

B 1-22 2:00 – 5:00 pm

March 18,

2020

B 22-44 2:00 – 5:00 pm

March 19,

2020

B 45 onwards 2:00 – 5:00 pm

March 20,

2020

C 1-22 2:00 – 5:00 pm

March 23,

2020

C 22-44 2:00 – 5:00 pm

March 24,

2020

C 45 onwards 2:00 – 5:00 pm

March 25,

2020

D 1-22 2:00 – 5:00 pm

March 26,

2020

D 22-44 2:00 – 5:00 pm

March 27,

2020

D 45 onwards 2:00 – 5:00 pm

March 30,

2020

E 1-22 2:00 – 5:00 pm

March 31,

2020

E 22-44 2:00 – 5:00 pm

April 01,

2020

E 45 onwards 2:00 – 5:00 pm



The course in-charge for Law of Crimes Paper I: Penal Code is Ms. Meera Mathew, Assistant

Professor. This course is shared by Mr. Vikram Singh, Assistant Professor. In case you face any

problem in dealing with the subject, feel free to discuss with us through mail at

[email protected] or [email protected] . The meeting time with Ms. Meera is on Monday,

Wednesday and Friday 2:00 to 4:30 PM. With Mr. Vikram Singh it would be Tuesday and Thursday

2:00 to 4:30 PM. Notices relating to the course will be posted online on

www.curiosity.symlaw.edu.in. Learners are requested raise the concerns and clarifications to faculty/s

itself.


../../../IPC/Causation.pdf



Annexure A


Law of Crimes Paper I: Penal Code

The final copy of the project Assignment should be submitted in accordance with the following

specifications:

1) The paper used for printing shall be of A4 size. Printing shall be in a standardized form, on

both the sides of the paper


Font Size: Main Heading 16 (Bold), Sub-Heading 14 (Bold),main text 12 and

footnotes 10

Spacing 1.5 for main text, 1 for footnotes

Text should be Justified

MS Word: 2003-07 Version, Page Layout: left-1.5 cm, top-right-bottom-1 cm.

Word Limit: 2500 Maximum.

2) A margin of one-and-a-half inches shall be left on the left hand side.

3) The title of the project, name of the candidate, degree, faculty, university, month and year of

submission, and the name of the research guide with his/her designation and full official

address shall be printed on the first page and on the front cover as given in Appendix „A‟.

4) A Certificate (Appendix „B‟ affirming that the research work of the candidate is original, and

that the material, if any, borrowed from other sources and incorporated in the research paper

has been duly acknowledged should be signed by the candidate and counter signed by the

research guide.

5) Bibliography should be written alphabetically indicating Books, Journals, Newspaper

editorials/ Report of Law Commission


Appendix „B‟- Front page and Cover


-----------------------------------------------------------------------------------

--------------------

-----------------------------------------------------------------------------

------------------------------------------------------------

Submitted by


--------------------------------------------

Division... Roll No… Class…of


Symbiosis International (Deemed University), Pune.

In

Month, year


Name of the Guide

--------------------------------

Designation of research guide


Appendix „C‟- Certificate

CERTIFICATE

The project titled “ ------------------------------------------------------------------

-----------------------------------------------------------------------------------------” submitted to the

Symbiosis Law School, NOIDA for Law of Crimes Paper I: Indian Penal Code as part of Internal

Assessment is based on my original work carried out under the guidance of ----------------------------- -----from--- to---- . The Research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research paper has been duly

acknowledged.

I understand that I myself would be held responsible and accountable for plagiarism, if any, detected

later on.

Signature of the Candidate

Date:


Appendix „D‟- first few pages

The first few pages of the research paper should be as under:

Page 1- Title page (Appendix „A‟)

Page 2- Certificate (Appendix „B‟) signed by candidate and counter signed by research guide

Page 3- Acknowledgement (optional)

Page 4- Index

Page 4- List of cases (If any)

Page 5 – max 10 - Contents

Last Page- Bibliography

*Note: Copy of the checked interim submission with suggested changes by the faculty in charge is to

be attached after bibliography. Citations shall be uniform. Learners can go for Bluebook/JILI/Chicago

style of footnoting.


Appendix „E‟- List of cases as per the Syllabus

Elements of crime

1. State of Maharashtra v Mayer Hans George, (1965)1 SCR 123

2. State of M.P. v. Narayan Singh (1989) 3 SCC

Culpable Homicide and Murder

3. Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171

4. Palani Goundan v. Emperor, 1919 1LR 547 (Mad)

5. In re Thavamani, AIR 1943 Mad 571

6. Emperor v. Mushnooru Suiyanarayana Murthy (1912) 22 MLJR 333 (Mad.)

7. Kapur Singh v. State of PEPSU, AIR 1956 SC 654

8. Virsa Singh v. State of Punjab, AIR 1958 SC 465

9. State of Andhra Pradesh v. R. Punnayya, AIR 1977 SC 45

10. Emperor v. Mt. Dhirajia, AIR 1940 All. 486

11. Gyarsibai v. The State, AIR 1953 M.B. 61

12. K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605

13. Ghapoo Yadav v. State of M.P, (2003) 3 SCC 528

Homicide by Rash or Negligent Act not amounting to Culpable Homicide

14. Cherubin Gregory v. State of Bihar, AIR 1964 SC 205

15. S.N. Hussain v. State of Andhra P, adesh, AIR 1972 SC 685

General Exceptions -Chapter IV of the Indian Penal Code

16. State of U.P. v. Ram Swarup (1974) 4 SCC 764 :AIR 1974 SC 1570

17. Deo Narain v. State of U.P. (1973) I SCC 347: AIR 1973 SC 473

18. Kishan v. State of M.P. (1974) 3 SCC 623: AIR 1974 SC 244

19. James Martin v. State of Kerala (2004) 2 SCC 203

Kidnapping and Abduction

20. S. Varadarajan v. State of Madras, AIR 1965 SC 942

21. Thakorlal D. Vadgama v. State of Gujarat, AIR 1973 SC 2313

22. State of Haryana v. Raja Ram, (1973) 1 SCC 544 138


Sexual Offences

23. Kanwar Pal Singh Gill v. State (Admn., U.T. Chandigarh) (2005) 6 SCC 16

24. Tukaram v. State of Maharashtra, AIR 1979 SC 185

25. State of Punjab v. Gurmit Singh, (1996) 2 SCC 384

26. Sakshi v. Union of India, (2004) 5 SCC 518

27. Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1

Group Liability (Section 34, Sections 141, 120 A, 149 IPC)

28. Suresh v State of U.P. (2001) 3 SCC 673

29. Mizaji v. State of U.P. AIR 1959 SC 572

30. Maina Singh v State of Rajasthan (1976) 2 SCC 827 AIR 1976 SC 1084

31. Yakub Abdul Razak Memon v State of Maharashtra 2015 3 SCC (Cri) 673

Attempt (Sections 511, 307, 309 IPC)

31. Asgarali Pradhania v Emperor, AIR 1933 Cal 893

32. Abhayanand Mishra v. State of AIR 1961 SC 1698

33. Om Prakash v State of Punjab, (1962)2 SCR 254: AIR 1961 SC 1782

34. State of Maharashtra v. Mohd. Yakub, (1980) 3 SCC 57

35. Gian Kaur v. State of Punjab, (1996) 2 SCC 648

Attempt Offence of Theft, Extortion, Robbery and Dacoity

36. Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094 27

37. Jadunandan Singh v. Emperor, AIR 1941 Pat. 129

38. Sekar v. Arumugham (2000) Cr.L.J. 1552 (Mad.)

39. State of Karnataka v Basavegowda (1997) Cr.L.J.4386 (Kant.)

Offences of Criminal Misappropriation, Criminal Breach of Trust and Cheating

40. Jaikrishandas Manohardas Desai v. State of Bombay, AIR 1960 SC 889

41. Mahadeo Prasad v. State of West Bengal, AIR 1954 SC 724

42. Akhil Kishore Ram v. Emperor, AIR 1938 Pat. 185

43. Shri Bhagwan S.S.V.V. Maharaj v. State of A.P., AIR 1999 SC 2332

44. S.W. Palanitkar V. State of Bihar 2002 (1) SCC 241


Criminal Mischief , Criminal Intimidation and Criminal Nuisance

45. Public Prosecutor v. Semalai Pannadi AIR 1960 Mad 240.

46. Azamkhan v. State of Andhra Pradesh (1973) CrLJ 508(AP)

47. Kameshwar v. Bhola Nath (1969) Pat LJR 430.

48. Ram Birich Mahato v. Bishwanath Misser (1961) 2 CrLJ 265 (Pat)

49. Indian Oil Corporation vs. NEPC India Ltd. and Ors. AIR 2006 SC 2780.

50. Krishna Gopal Singh v. State of Uttar Pradesh AIR 2000 SC 3616.

51. Shri Cruz Pacheco v. State (1998) CrLJ 4628 (Bom).

Criminal law and Jurisprudence

51. R v Woollin [1999] AC 82

52. R v White [1910] 2 KB 124

53. R v Cheshire [1991] 1 WLR 844

54. R v Jordan (1956) 40 Cr App R 152

55. R v Blaue (1975) 61 Cr App R 271

56. DPP v Smith [1961] AC 290

57. R v G [2003] UKHL 50

58. R v Moloney [1985] AC 905

59. R v Church [1966] 1 QB 59

60. Caldwell v MPC [1982] AC 341

61. Roper v Taylor’s Garage [1951] 2 TLR 284

62. R v Cunningham [1957] 2 QB 396

63. R v K [2002] 1 AC 462

64. Warner v Metropolitan Police Comr [1969] 2 AC 256

65. R v Nedrick [1986] 1 WLR 1025

66. Chief Constable of Avon and Somerset v Shimmen (1987) 84 Cr App R 7

By

Ipsita Ray




(July 2019- October 2019)

Semester V

Batch 2017-22


ADMINISTRATIVE LAW

Teaching Plan

1. Introduction:

Administrative Law has assumed a great importance in the last few decades and has witnessed a

remarkable advance in recent times. In Administrative law, learners are required to examine the

nature and scope of the subject, to understand the difference between constitutional law and

administrative law.

Rule of law runs like a golden thread through every provision of the constitution and

indisputably constitutes one of its basic features, requires that every organ of the state must act

within the confines of the powers conferred upon it by the constitution and law; and

administrative law is that branch of law which seeks to ensure observance of the rule of law.

The objective of studying administrative law is to recognize the control mechanism of executive

power. It is a branch of law which is being increasingly developed to control abuse or misuse of

governmental power and keep the executives and various instrumentalities and agencies within

the limits of their power.

The course will help the learners to understand evolution, nature and scope of Administrative

law. It will focus on need of delegation of legislative power to administration and

constitutionality of delegated legislation. It will also introduce students to the concept of

administrative adjudication (Principles of Natural Justice) and administrative Discretion.

Administrative law also emphasis on identifying tortious as well as contractual liability of

government and show remedies against administration. The last portion of the course will be

dedicated to governmental privileges in Legal proceedings, Inquiries and investigation and

concept of Ombudsman in India.

2. Learning Objectives (Knowledge, Skills and Outcome)

A. Knowledge

After studying Administrative Law, which required you to understand the broad scope of

administrative delegation, adjudication and discretion, you have acquired a general

understanding of the principles upon which constitutionality of delegated legislation rest. The

specific objective of the course, Administrative Law, is to enable you to acquire a detailed

knowledge and understanding of selected, individual areas of the subject. It requires you to be

able, in the context of a given problem or essay question, to identify the relevant area(s) of the

law and to apply that law in detail and with precision and accuracy.

B. Skills

The overall objective of this undergraduate course is to inculcate you with the following set of

skills: general cognitive intellectual skills; general communicative/employability skills; and

subject specific skills.

Cognitive

Administrative law will demand that students have the capacity to demonstrate insight in

presenting materials drawn from a wide and sometimes contradictory range of primary and

secondary sources and doctrinal commentary; and to demonstrate an ability to produce a

synthesis of those materials that offers a personal and informed criticism.

Employability

Administrative law will demand that students develop perspectives and attainment of social

welfare objectives through bureaucratic process. The course will help them learn and apply

certain basic features of litigation like Doctrine of Ultra Vires and Principles of Natural

justice.

Subject Specific

Administrative law will demand an ability to identify and select key relevant issues and to

apply that knowledge with clarity to difficult situations of significant legal complexity; to

analyse facts and to produce well supported conclusions in relation to them.

C. Outcomes

Two key skills will be highlighted by this course (a) case study/problem solving and (b)

independent research. These skills will be central to your success in completing this course‟s

scheme of assessment.

Case study/Problem solving

In preparing for tutorials, you will be asked to read, analyse and synthesize a number of cases.

You will also be asked to use that knowledge to support your answer to a number of

hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you will be

preparing properly for the end of term assessment.

Independent research

In preparing for the coursework assignment, particular emphasis will be placed on

independent learning i.e., the ability to take initiative in the design (individualised approach or

plan of action) and research (external legal and non-legal sources) of the stated project. The

coursework in question is deliberately broadly drawn, and is designed to challenge you in this

regard.

Final Outcome Assessment is by compulsory coursework examination (100%) (Internal

(40%) and External (60%)) by Symbiosis International (Deemed University).

3. LECTURES

A. Times & Attendance

Three lecture times have been set aside for this course for each division. Verify it from the

timetable assigned for each division. Lecture outlines, principally in the form of Power-Point

slides, and relevant study/reading material will be made available in „The Library‟ on

„Curiosity‟ Portal at https://slsnoida.curiositylive.com. To facilitate understanding of these

lectures, students should always read at least the relevant pages of suggested readings in

advance of each lecture.

In addition to regular classes, two Banyan Tree sessions will be conducted which will form

part of attendance as well. Please refer to the Banyan Tree Sessions schedule as given under

Tutorial-Mode and Schedule.

We will be expecting your response/ answer/ reply within stipulated time given. Those, who will

respond/answer/ reply within stipulated time given will be granted attendance for one lecture

each. This activity is compulsory for all and attendance so granted will form part of the

total attendance.

As per Symbiosis International (Deemed University) Regulations, please note, “Students

are expected to attend minimum 75% of all scheduled sessions and other forms of

instruction as defined by the programme of study.”

B. Notifications

Notifications: Learners are informed that notice/s, if required, with respect to Academic-

Administration, either by Course-in-Charge or Faculty-In-Charge, Academic Coordination


will be sent using „Owl@Curiosity‟. No notifications will be published by either Course-in-

Charge/Faculty-In-Charge, Academic Coordination or Learner using „Library@Curiosity‟.


C. Lecture Outline

WEEK 1

03/07/2019

Topic 1 EVOLUTION, NATURE AND SCOPE OF ADMINISTRATIVE

LAW

LECTURE 1: SYLLABUS PREVIEW


LECTURE 3:DEFINITION, NATURE AND SCOPE OF ADMINSTRATIVE

LAW

WEEK 2

08/07/2019

TOPIC 1 EVOLUTION, NATURE AND SCOPE OF ADMINISTRATIVE

LAW

LECTURE 4: RULE OF LAW

LECTURE 5: DOCTRINE OF SEPARATION OF POWERS: GENESIS AND

TRANSLATION IN INDIAN CONTEXT

LECTURE 6: GLOBAL ADMINISTRATIVE LAW

WEEK 3

15/07/2019

TOPIC 2 LEGISLATIVE POWERS OF ADMINSTRATION

LECTURE 7: DELEGATED LEGISLATION AND NEED FOR

DELEGATION

LECTURE 8: FORMS OF DELEGATED LEGISLATION; DELEGATED

LEGISLATION IN INDIA

LECTURE 9: CONDITIONAL LEGISLATION AND SUB- DELEGATION

WEEK 4

22/07/2019


LECTURE 10: TYPES OF DELEGATED LEGISLATION

LECTURE 11: PRINCIPLE OF ULTRA VIRES- LEGISLATIVE CONTROL

LECTURE 12: PRINCIPLE OF ULTRA VIRES- LEGISLATIVE CONTROL

WEEK 5

29/07/2019


LECTURE 13: JUDICIAL CONTROL OF DELEGATED LEGISLATION

LECTURE 14: INRODUCTION TO ADMINSTRATIVE ADJUDICATION

LECTURE 15: NEMO JUDEX IN RE SUA

WEEK 6

05/08/2019

TOPIC 3 ADMINISTRATIVE ADJUDICATION

LECTURE 16: AUDI ALTERAM PARTEM

LECTURE 17: SPEAKING ORDERS AND EFFECT OF BREACH OF

NATURAL JUSTICE

LECTURE 18: ADMINISTRATIVE TRIBUNALS AND REASONS FOR

GROWTH OF ADMINSTRATIVE TRIBUNALS

WEEK 7

12/08/2019

TOPIC 3 ADMINISTRATIVE ADJUDICATION

LECTURE 19: ADMINISTRATIVE TRIBUNALS AND RULES OF

PROCEDURE AND EVIDENCE

LECTURE 20: HIGH COURT‟S SUPERINTENDENCE OVER TRIBUNALS

(SAMPATKUMAR AND L. CHANDRA KUMAR‟S CASE)

LECTURE 21: ADMINISTRATIVE POWER AND NEED FOR

ADMINISTRATIVE DISCRETION

WEEK 8

19/08/2019

TOPIC 4: ADMINSTRATIVE DISCRETION

LECTURE 22: LIMITATIONS ON EXERCISE OF DISCRETION

LECTURE 23: JUDICIAL REVIEW AND DISCRETIONARY POWER

LECTURE 24: DOCTRINE OF LEGITIMATE EXPCTIONS

WEEK 9

26/08/2019

TOPIC 4: ADMINISTRATIVE DISCRETION

LECTURE 25: DOCTRINE OF PROPORTIONALITY

LECTURE 26: INTRODUCTION TO PREROGATIVE REMEDIES

LECTURE 27: TYPES OF WRITS- HABEAS CORPUS, MANDAMUS,

PROHIBITION, CERTIORARI AND QUA WARRANTO

WEEK 10

02/09/2019

TOPIC 5: REMEDIES AGAINST ADMINISTRATION

LECTURE 28: PUBLIC INTEREST LITIGATION

LECTURE 29: CONSTITUTIONAL REMEDIES- SLP AND

SUPERVISORY JURISDICTION OF HIGH COURT

LECTURE 30: SECTION 80 CIVIL PROCEDURE CODE AND SUITS

AGAINST GOVERNMENT

WEEK 11

09/09/2019

TOPIC 6: LIABILITY FOR WRONG (TORTIOUS AND CONTRACTUAL)

LECTURE 31: CONTRACTUAL LAIBILITY OF GOVERNMENT

LECTURE 32: ESTOPPEL AND GOVERNMENT CONTRACT

Computer

Highlight

LECTURE 33: ESTOPPEL AND GOVERNMENT CONTRACT

WEEK 12

16/09/2019

TOPIC 7: GOVERNMENT PRIVILEGES IN LEGAL PROCEEDINGS AND

RTI

LECTURE 34: MEANING OF INFORMATION

LECTURE 35: RTI ACT (By Dr. Madhuker Sharma)

LECTURE 36: RTI AS FUNDMAENTAL RIGHT (By Dr. Madhuker

Sharma)

WEEK 13

23/09/2019

TOPIC 7: GOVERNMENT PRIVILEGES IN LEGAL PROCEEDINGS AND

RTI

LECTURE 37: JUDICIAL APPROACH ON RTI AND SOCIAL

MOVEMENTS AND RTI (By Dr. Madhuker Sharma)

LECTURE 39: RTI (CONTD.) (By Dr. Madhuker Sharma)

LECTURE 39: RTI (CONTD.) (By Dr. Madhuker Sharma)

WEEK 14

30/09/2019

TOPIC 8: INQUIRIES AND INVESTIGATION

LECTURE 40: ADMINISTRATIVE INQUIRY

LECTURE 41: THE COMMISSION OF INQUIRIES ACT, 1952

LECTURE 42: THE COMMISSION OF INQUIRIES ACT, 1952

WEEK 15

07/10/2019

TOPIC 9: OMBUDSMAN IN INDIA: LOKPAL AND LOK AYUKTA

LECTURE 43: LOKPAL AND LOK AYUKTA

LECTURE 44: DISCUSSION

WEEK 16

14/10/2019

LECTURE 45: REVISION



WEEK 17

21/10/2019



LECTURE 50: REVISON


circumstances.

Computer

Highlight

4. Reading Material:

A. Text Book

i. Takwani C. K., Lectures on Administrative Law, 6th

edition, Eastern Book Company.

ii. Jain M. P., and Jain S. N, Principles of Administrative Law, 5th

Edition, Wadhwa and

company, Nagpur, (2008)

B. Reference Book

i. Allen M. and Thompson B., Cases & Materials on Constitutional and Administrative

Law, 10th

edition, Oxford University Press.

ii. Banerjee B.P. and Banerjee B.P., Judicial Control of Administrative Action, 2nd

edition, LexisNexis Butterworths Wadhwa (2012).

iii. Basu, D.D., Comparative Administrative Law, Kamal Law House, Kolkata, 6th

Edition, (2006)

iv. Bhandarkar‟s S.P. and Despande K.H., Principles of Administrative law, Premier

Publishing Co. (2013).

v. Cane Peter, Administrative Law, 5th

edition, Oxford University Press (2011).

vi. Craig Paul, Administrative Law, Thomson Sweet & Maxwell, 6th

edition, South Asian

edition (2011)

vii. Elliott M. and Thomas R., Public Law, 2nd

edition, Oxford University Press.

viii. Elliott Mark, Administrative Law Text and Materials, 3rd

Edition, Oxford University

Press.

ix. Giussani E., Constitutional and Administrative Law, 1st edition, Textbook Series,

Thomson Sweet& Maxwell.

x. Jackson P. and Leopold P., Constitutional and Administrative Law, 8th

edition,

Thomson Sweet &M axwell, South Asian Edition.

xi. Jain Kagzi M. C., The Indian Administrative Law, 7th

edition, Universal Law

Publishing Co. (2014)

xii. Joshi K.C., An Introduction to Administrative Law, Central Law Publication.

xiii. Kesari U.P. D., Administrative Law, Central Law Publication.

xiv. Leyland P. and Woods T. (ed.), Administrative law facing the Future: Old Constraints

and New Horizons, Blackstone Press Limited.

xv. Loveland I., Constitutional Law, Administrative Law, and Human Rights A Critical

Introduction, 5th

edition, Oxford Publication.

xvi. Massey I.P., Administrative Law, ESTERN Book Company, Delhi, (2005)

xvii. Masterman R., The Separation of Powers in Contemporary Constitution Judicial

Competence and Independence in the United Kingdom, Cambridge University Press.

xviii. Modjeska L., Administrative Law Practice and procedure, South Asian Edition, West

group (1982).

xix. Pai. V. S., Working of The Constitution Checks and Balances, Eastern Book Company

(2014).

xx. Parpworth N., Constitutional & Administrative Law, 7th

edition, Oxford University

Press (2012).

xxi. R. J., Administrative Law Treatise, Volume III Pierce, 5th

edition, Aspen Publishers.

xxii. R. J., Administrative Law Treatise, Volume I Pierce, 5th


xxiii. R. J., Administrative Law Treatise, Volume II Pierce, 5th


xxiv. Sathe, S.P., Administrative Law, Lexis nexis Butterworths, 7th

edition, New Delhi

(2004)

xxv. Sharma M. P., Sadana B.L., Kaur H., Public Administration in Theory and Practice,

Kitab Mahal.

xxvi. Sharma S R (ed.), Encyclopedia of Administrative Law, Anmol Publication, New

Delhi 1st Edition (2003)

xxvii. Spencer M. and Spencer J., Constitutional Law and Administrative Law, 6th

edition,

Thomson Sweet & Maxwell.

xxviii. Taggart M.(ed.), The Province of Administrative Law, Hart Publishing (Oxford) 1997.

xxix. Wade H. W.R. & Forsyth C.F., Administrative Law, 10th edition, Oxford University

Press.

xxx. Webley L. & Samuels H., Public law text, cases, and Materials, 2nd

edition, Oxford

University Press.

C. Statutes

i. Right to Information Act, 2005.

ii. Lokpal and Lakayukta Act, 2013.

D. Important Cases

i. A.K Kripak and ors vs Union of India AIR (1969) 2 SCC 262.

ii. Agricultural Marketing Committee vs Shalimar chemical Wors Ltd AIR SC 2502.

iii. Associated provincial Picture House Ltd. vs Wednesbury Corporation [1948] I KB

233.

iv. Atlas cycle Industries Ltd vs State of Haryana (1979) 2 SCC 196.

v. Babu Ram vs State of Punjab 1979 3 SCC 616.

vi. Banwarilal Agarwalla vs State of Bihar AIR 1961 SC849.

vii. Charanlal Sahu vs Union of India (1990) 1 SCC 613.

viii. Franklin vs Minister of Town and country Planning (1947) 2 All ER 289.

ix. G Nageswara Rao vs APSRTC and ors 1959 AIR 308.

x. Govindlal Chagganlal Patel vs Agriculture Procedure Market Committee AIR1967 SC

263.

xi. Gwalior Rayon Co vs Assistant Commissioner of Sales tax AIR 1974 SC 1660.

xii. H.L Trehan vs Union of Inida (1989)I SCC 764.

xiii. Hamdard Dawakhana Wakf vs Union of Inida AIR 1960 SC 554.

xiv. Harla vs State of Rajasthan AIR 1951 SC 467.

xv. Hiranath Mishra vs Principal, Rajendra Medical college (1973)I SCC 805.

xvi. In Re Delhi Laws Act AIR 1951 SC 332.

xvii. Jitendra Nath Gupta vs Province of Bihar AIR 1949 FC 175.

xviii. K. I Shephard vs Union of India AIR 1988 SC 686.

xix. Krishan Chand v Commissioner of Police AIR 1961 SC 705.

xx. L Chandra Kumar vs Union of India (1997) 3 SCC 261.

xxi. Maneka Ghandhi vs Union Of India AIR 1978 SC 597.

xxii. P. & O Steam Navigation Co. v Secretary of State, (18610 5 Bom HCR App. 1.

xxiii. Pratap Singh vs State of Punjab AIR 1964 SC 72.

xxiv. R vs Burah (1873) 3AC 889.

xxv. R vs Cambridge Health Authority Ex.p B [1995] 2All E.R 129.

xxvi. Raza Buland, Sugar Co vs Rampur Municipality AIR 1965 SC 895.

xxvii. Ridge vs Baldwin (1964) AC 40.

xxviii. S. N. Mukherjee v Union of India (1990) 4 SCC 594.

xxix. Sampath Kumar vs Union Of India (1987) 1 SCC 124.

xxx. State of Jammu & Kashmir vs Bakshi Gulam Mohammad AIR 1967 SC 122.

xxxi. State of Orissa vs Binapani Dei 1967 AIR 1269.

xxxii. William Madbury vs James Madison 5 U.S. (1 Cranch) 137 (1803).



datedness, particularly as to applicable case law.

For supplementary reading, you could, for instance, begin by consulting the relevant sections

of the “alternative” texts placed on loan in the law library. Thereafter you could engage in

your own research, with particular reference to journals on online databases including SCC

Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, and JSTOR etc.

5. ASSESSMENT:


A. Mode of First Internal Assessment – Project (Long-Term Paper) (10 Marks)

B. Mode of Second Internal Assessment – Tutorial (Open Book Examination) (20 marks)

C. Mode of Third Internal Assessment - Case Presentation.

External Assessment: The Symbiosis International (Deemed University) will conduct external

written examination for 60 marks. It consists of ten objective-type (2 marks each = 20 marks)

and 4 subjective-type/cases and open problems/questions (10 Marks each) with an alternative (40

marks)

6. INTERNAL ASSESSMENT : MODE & SCHEDULE


One research project will be undertaken by learners which will be evaluated out of 10 marks.

The project paper will be evaluated on the basis of written submission and no viva will be

conducted for the same.

The learners are not required to submit interim report of project paper and no marks

will be allotted for the same. However, learners are encouraged to discuss their project paper

with course in charge before submitting the final draft for evaluation.

Learners are allowed to select their own project topics within their course structure. A

Google document will be shared with the class and each learner is supposed to mention their

research topic within the same. However, two learners cannot be allowed to share the same

topic for research. In case of conflict, the Course-in –charge will have all rights to finalize

topic for the learners. The same rule applies to learners who fail to submit their interest within

stipulated period of time.

Research project is aimed at improving the writing, research, and communication and

presentation skills to make students learning academically more challenging and rigorous than

standard lecture and test format courses. It also aims at promoting scholarship in this

significant field of law, which has gained much momentum in practice but often lacks solid

theoretical underpinnings due to lack or inadequacy of statutory provisions.

GUIDELINES:

1. The project paper will be in the form of an article with suitable inputs from the learners.

The article must have an introduction (1 mark); review of literature (2marks), a research

question and body of article (4 marks), suggestion and conclusion (3 marks). Proper

citation method must be used to acknowledge the resources.

Typewriting shall be in a standardized form and following specifications:

• Paper Size: A4

• Orientation: Portrait


• Font Size: Main Heading 14(Bold), Sub Heading 12(Bold) and text 11

• Alignment: Justified

• MS Word: Updated Version

• Page layout: left-1.5 cm, Top-Right-Bottom - 1 cm.

2. The maximum word limit for the article will not be more than 2500 words.

3. No spiral binding/ plastic covers, only stapled copy is to be submitted.

4. Printing to be done on both sides.

5. Plagiarism report to be attached by the learners. Maximum permitted limit is 15-20%.

6. Each day half marks will be deducted for submitting late.

7. The title of the project, name of the candidate, degree, faculty, university, month and year

of submission, and the name of the research guide with his/her designation and full official

address shall be printed on the first page and on the front cover as given in Appendix „A‟.

8. Bibliography should be written alphabetically as per Appendix „C‟.

SCHEDULE OF THE PROJECT

(Google document

sharing)

Project

Assignment

Final Submission Results

4th

July, 2019 6th

July, 2019 9th

August, 2019 16th

August, 2019


There will be one tutorial. The tutorial will carry 20 marks. The tutorial will be two

questions of 10 marks each. Each learner will attempt it on all occasion. The tutorial will be

open book, problem based questions.

SCHEDULE TUTORIAL

Tutorial Test date Result date Topic

Tutorial

29th

August

2019

7th

September

2019

EVOLUTION, NATURE AND SCOPE OF

ADMINISTRATIVE LAW,

DELEGATION OF LEGISLATIVE

POWER,

PRINCIPLES OF NATURAL JUSTICE

AND ADMINISTRATIVE DISCRETION.

Banyan Tree Discussion

Two online sessions (situation based) with the use of Banyan Tree @Curiosity, will be

conducted as follows:

BANYAN TREE SCHEDULE

Banyan Tree

Query Begins Ends Attendance

Query 1 July 29, 2019 @ 4.00

pm.

July 31, 2019

@4.00 pm. One lecture

Query 2 August 16, 2019 @

4.00 pm.

August 18, 2019

@4.00 pm. One lecture

Both these sessions are COMPULSORY for all learners. Your quality response/answer/reply

within stipulated Date and Time allotted should be submitted. Those, who will

respond/answer/reply within stipulated Date and Time allotted, will be granted attendance

for „One Lecture‟. No response from a learner will result in absentee of the said learner.

Please remember attendance so granted for the session/s will form part of the total lectures

and thus attendance.

C. Viva Voice Presentation Schedule:

The third mode of assessment will be case presentation made by the learner. Topics will be

allotted to learners by course in charge by 31st of July, 2019. Each learner will get 10

minutes for making a presentation. Evaluation will be based on research (5 marks), structure

of presentation (2marks) and ability to answer the questions asked (3 marks). Research

component must have inputs from the learner.

SCHEDULE : VIVA-VOCE

Date Divisions Roll Numbers Time

23/09/19 A 1-20 2.00 pm. – 4.30 pm

24/09/19 A 21-40 2.00 pm. – 4.30 pm

25/09/19 A 41- Above 2.00 pm. – 4.30 pm

26/09/19 B 1-20 2.00 pm. – 4.30 pm

27/09/19 B 21-40 2.00 pm. – 4.30 pm

30/09/19 B 41- Above 2.00 pm. – 4.30 pm

13/09/19 C 1-20 2.00 pm. –4.30 pm

16/09/19 C 21-40 2.00 pm. – 4.30 pm

17/09/19 C 41- Above 2.00 pm. – 4.30 pm

18/09/19 D 1-20 2.00 pm. – 4.30 pm

19/09/19 D 21-40 2.00 pm. –4.30 pm

20/09/19 D 41- Above 2.00 pm. – 4.30 pm

7. ADMINISTRATIVE ARRANGEMENTS:

The Course-in-Charge of Administrative Law is Ipsita Ray. Please feel free to meet me.

8. OFFICE HOURS AND CONTACT INFORMATION:

If few doubts remain, please contact Ms. Ipsita Ray via her e-mail: [email protected]. It

is strongly recommended that learner should not call after college hours. Please do speak up

during the class. It is expected from each of the learners to glean as much from these readings

and our discussions as possible. Remember that there is no such thing as a "stupid question",

provided it is relevant to the subject matter.

Appendix „A‟ – Front Page and Cover


----------------------------------------------------------------------------------

---------------------------------------------------------------

Submitted by


-----------------------------------------

Class............. Programme of Study………… Division.... Roll No....



In

Month, year


Name of Guide

-----------------------------------

Designation and official address of Research Guide

------------------------------------------------------

Appendix „C‟- Bibliography



============================

1

TEACHING PLAN

LAW OF CRIMES – II

(CODE OF CRIMINAL PROCEDURE – I)

Semester V

(Batch 2017-22)


By Dr. Madhuker S.

Symbiosis Law School, Noida


(July, 2019 – October, 2019)

2

1. Introduction

Criminal procedure law is one area that deals not only with criminal law per-se,

it deals with „civil rights‟ as well. Though primarily role of „civil rights‟ in criminal

law is in context of the accused still we can‟t ignore the fact that „civil & political

rights‟ have made inroads into criminal law. This development has gained

momentum during last three decades when the Supreme Court of India had

started reading & interpreting criminal procedural law in light of constitutional

mechanism.

Criminal trial has always been an oscillating conflict between 'legitimate

expectation of the society from the state' and 'protection of rights of the

accused'. Though it intrudes into rights of an individual yet it has to protect the

common weal. In light of this, it becomes very important for the competent

authorities to act just, fairly, & reasonably. It is important that the process is

initiated and proceeded with in a very objective manner. The demand of striking

a balance between two conflicting interests, of the accused and the society,

both, makes the role of competent authorities very crucial with no scope of

mistake which would otherwise lead to grave injustice.

The object of criminal trial procedure is to ascertain the guilt or the innocence of

the accused. Therefore, matters dealt with Code of Criminal Procedure pertain

to various stages of trial that are incidental to ascertainment of guilt or

innocence of the accused. The Code provides for the institutional set-up,

starting from reporting of alleged offence to final disposal of the case, including

appellate mechanism. It mainly deals with the judicial process in so far as it

pertains to the institution, conduct and disposal of criminal persecution. The

whole criminal trial mechanism has been improvised from time to time, either

through legislative amendment or through judicial pronouncements.

In light of above, it is very important for the students to have fair understanding

of the criminal trial process. Aim of this course is to make the students learn

how the institutional set up in a criminal trial works, to make the students aware

of intricacies of criminal trial process, to make the students learn how to draft

various incidental documents that are required in any criminal trial. Objective of

this course is to make tomorrow's professionals in relevant field be ready for the

profession.

The need for expeditious and effective investigation of criminal cases, fair trial

and opportunity of hearing to both, accused and victims, are the core of criminal

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3

justice system in our country. The same can-not be achieved unless there is

well formulated, cautiously drafted and envisioned document called Criminal

Procedure. In fact the criminal procedure is not simply an outlining of

procedural aspects of investigation, trial, etc., but it creates boundaries for

criminal justice system; if the system travels beyond this, it is considered to

violating Rule of Law that ruins the very concept of justice itself.

The Code of Criminal Procedure, 1973 deals with the initiating of criminal

proceedings against which includes lodging complaint, investigation, trial, and

other related matters, like, revision, judgement, & appeal. The trial procedure is

vividly described in the Code which makes fair trial to be the only possible

outcome.

2. Learning Objectives

A. Knowledge

The idea of teaching criminal procedure law is all about giving adequate

amount of knowledge and understanding of the Criminal Procedure Code. It

includes understanding procedural requirements that are essential in criminal

trial and other related issues. The idea behind having full course on criminal

procedure is about dealing with procedure at length and underlining the

„rights‟ involved under the procedure, violation of which may result into

vitiating the entire trial. The overall objective of this course is to enable the

students to:

Understand wide range of legal concepts, customs, principles, rules and

procedures surrounding criminal procedural law;

To understand comprehensive & accurate knowledge, and understanding

both the legislations in detail;

To understand the rationale behind such legal concepts and legal

provisions so that he / she could get involved into various economic,

social, commercial and political, i.e., executive policy context in which the

criminal procedural law operates.

After studying criminal procedural law which requires the students to

understand the broad patterns of essential principles & legal provisions

that are pre-requisites before they enter into profession can identify &

understand the rationale behind development of this law by both,

legislature and the judiciary.

4

The specific objective of this course is to enable the students to acquire a

comprehensive knowledge and understanding of general principles of the

criminal procedural law. It requires students to be able, in the context of a

given problem or essay question, to identify the relevant area(s) of the

criminal procedural law, and to apply that law in detail, precision & accuracy

to provide an appropriate solution.

B. Skills

The overall objective of this undergraduate course is to develop in the

student the following set of skills: general cognitive intellectual skills; general

communicative/ employability skills; and subject specific skills.

Cognitive

The overall objective of this course at this level is to develop in the learners

the following set of skills while dealing with criminal cases:

Skills in understanding and application of criminal procedure

Intellectual skills as to development of „right‟ based approach in criminal

trial

Humanizing criminal trial by invoking procedural aspects

General communicative skill so that various procedural safeguards may

not be only used but used promptly; and

Employability

The course demands that students have the capacity to demonstrate insight

in presenting materials drawn from a wide, and sometimes contradictory,

range of primary & secondary sources and doctrinal commentary; and to

demonstrate an ability to produce a synthesis of those materials that offers a

personal and informed criticism.

Subject Specific

This subject is very complex one as the statute provides very detailed

provisions that have been defined & expanded by the courts in light of

constitutional philosophy. Hence, the subject demands that its students have

ability to identify and select key relevant issues and to apply that knowledge

with clarity to difficult situations of significant legal complexity; to analyse

facts and to produce well-supported conclusions in relation to them.

5

C. Outcomes

Two key skills will be highlighted by this course (a) case synthesis/problem

solving and (b) oral pleading / argumentation. These skills will be central to

successful completion of this course.

Case Synthesis / Problem Solving

In preparing for tutorial, the students will be asked to read, analyse and

synthesize given situation/s. They need to apply relevant statutory provisions

& legal principles in the given situation and to answer the questions that are

asked. They will be applying their understanding of the criminal procedural

law that they would have learnt within class-room as well as beyond class-

room.

Oral Pleading / Argumentation Skills

In preparing for the coursework assignment, particular emphasis will be

placed on independent learning i.e., the ability to plead a case before the

court. The coursework in question is deliberately broadly drawn, and is

designed to challenge the students in this regard.

Final Outcomes

Assessment is by compulsory coursework examination (100%), Internal

(40%) and External (60%) by Symbiosis International (Deemed University).

3. Lectures

A. Time & Attendance

Three lecture times have been set aside for this course for each division.

Verify it from the timetable assigned for each division. Lecture outlines,

principally in the form of Power-Point slides, and relevant study/reading

material will be made available in „The Library‟ on „Curiosity‟ Portal at

https://slsnoida.curiositylive.com. To facilitate understanding of these

lectures, students should always read at least the relevant pages of

suggested readings in advance of each lecture.

In addition to regular classes, two Banyan Tree sessions will be conducted

which will form part of attendance as well. Please refer to the Banyan Tree

Sessions schedule as given under Tutorial-Mode and Schedule.

We will be expecting your response/ answer/ reply within stipulated time

given. Those, who will respond/answer/ reply within stipulated time given

6

will be granted attendance for one lecture each. This activity is compulsory

for all and attendance so granted will form part of the total attendance.




study.”

B. Notifications

Students are informed that notice/s, with respect to academic-administration,

will be sent either by the Course-in-charge or by the Faculty-in-charge

(Academic Coordination) through „owl @ curiosity‟. It is instructed that

neither the Course-in-charge / Faculty-in-charge (Academic Coordination),

nor any student will publish any notification at „library @ curiosity‟. Students

are required to keep themselves duly informed.

C. Lecture Outline

Week 1

3rd July, 2019

Topic I: Introduction

Introduction to the Subject with Teaching Plan

Rationale behind Criminal Trial

Constitutional Principles on Criminal Trial

Judicial Perspective in r/o Principles on Criminal Trial

Week 2

8th July, 2019

Continued from previous lecture

Inquisitorial System of Criminal Trial

Adversarial System of Criminal Trial

Constitution of Criminal Courts & their Powers

Week 3

15th July, 2019

Introduction to Criminal Trial

Topic 3: Pre-trial Process – FIR

Duty, Power, & Authority of Investigation Officer in r/o FIR

Evidentiary Value of FIR


Week 4

22nd July, 2019

Case-laws on FIR

Topic 2: Arrest

7

Meaning of Arrest

Arrest with / without Warrant

Procedure to Cause Arrest

Duty, Power, & Authority of Investigation Officer in r/o Arrest

Week 5

29th July, 2019


Rights of an Arrested Person

Constitutional Rights

Statutory Rights

Guest Lecture on Criminal Procedural Law by Mr. Simon

Benjamin, Adv., High Court of Delhi

(Saturday of 3rd August, 2019)

Week 6

5th August,

2019

Case-laws on Arrest

Proclaimed Offender

Topic 6: Bail

Meaning of Bail

Purpose of Granting Bail

Bail as a „right‟

Week 7

12th August,

2019

Anticipatory Bail

Bail-bond – Meaning & Scope

Cancellation of Bail

Powers of Appellate Court in Bail

Case-laws in r/o Bail

Week 8

19th August,

2019


Topic 4: Pre-trial Process – Investigation, Search and

Seizure

Meaning of Investigation, Search, and Seizure

Preliminary Investigation – Court made Law


Week 9

26th August,

2019

Procedure in r/o Investigation, Search, & Seizure

Powers & Duties of I.O. in r/o Investigation, Search, & Seizure

Constitutional Perspective in r/o Validity of Search & Seizure

8

Discussion on Tutorial

Recording Statement u/s 161 by the I.O.

Recording Confession (Sec. 160 to 164)

Week 10

2nd Sep., 2019

Case Laws on Investigation, Search, & Seizure


Topic 5: Pre-trial Process – Magisterial Powers to take

Cognizance

Police Report Case

Complaint Case

Issue of Process in Police Report Case

Issue of Process in Complaint Case

Week 11

9th Sep., 2019




Week 12

16th Sep., 2019

Topic 7: Charge

Commencement of Proceedings

Meaning, form, & contents of Charge


Framing of Charge

Prima-facie Evidence in Framing of Charge

Discharge of Accused

Week 13

23rd Sep., 2019



Case-laws on „Charge‟

Week 14

30th Sep., 2019

Topic 8: Preliminary Pleas to Bar the Trial

Jurisdiction of Court

Time limitation & its exceptions


Plea of autrefois acquit

Plea of autrefois convict

Compounding of offences

Week 15

7th Oct., 2019


Topic 9: Trial Before Court of Sessions / Magistrate

Procedural Steps

Substantive Rights of Accused


9

Week 16

14th Oct., 2019

Revision

Revision

Sample Paper

Week 17

21st Oct., 2019

Sample Paper

Sample Paper

The schedule will be followed, subject to changes/s due to unforeseen /

unavoidable circumstances.

4. Reading & Materials

A. Textbooks

1. Philosophical Foundations of Criminal Law; R.A. Duff, & Stuart P. Green,

Oxford University Press

2. Civil Liability in Criminal Justice; Darrell L. Ross, Anderson Publishing

3. A Handbook on Code of Criminal Procedure; Dr. Girjesh Shukla, & Dr.

Madhuker S., Gogia Law Agency, Hyderabad

4. A Manual on Criminal Procedure; Gokulesh Sharma, & Hemant Kumar

Pandey, Thomson Reuters

5. P.S.A. Pillai‟s Criminal Law; K.I. Vibhute, Lexis Nexis

6. Commentaries on Code of Criminal Procedure; John Woodroffe, K. B.

Asthana, & S. Malik, Law Publishers, Allahabad

7. Supreme Court on Criminal Procedure Code & Criminal Trial; Surendra

Malik, & Dudeep Mailk, Eastern Book Company, Lucknow

8. Law of Bail, Bond, Arrest, & Custody; Ashok Dharmija, Lexis Nexis

Buttersworth Wadhawa, Nagpur

9. Law of Bails; P.V. Ramakrishna, Universal Law Publishing Co.

10.Bails Law & Proccedure; Janak Raj Jai, Universal Law Publishing Co.

11.Right to Bail; S.K. Verma & M. Afzal Wani, Indian Law Institute

12.Supreme Court on Bail, Anticipatory Bail, & Quashment; Surendra Malik &

Sudeep Malik, Eastern Book Company

13.How to Frame a Charge; M.L. Singhal, & D.P. Varshni, Eastern Book Co.;

14.Iyenger‟s Police Diaries: Practical Legal Guide to Police Diaries, Crime

Detection, Criminal Investigation & Prosection); Iyer Iyenger, Delhi Law

House, New Delhi

10

15.Comparative Criminal Procedure: History, Process and Case Studies (IInd

Edition), Raneta Lawson Mack, William S. Hein & Co.

16.Comparative Criminal Procedure, Edited by Jacquiline E. Ross, Edward

Elgar Publisher

B. Prescribed Legislation

1. The Code of Criminal Procedure, 1973

2. The Criminal Amendment Act, 2018

3. The Constitution of India, 1950

4. The Juvenile Justice (Care & Protection of Children) Act, 2015

5. The Indian Penal Code, 1860

6. The Indian Evidence Act, 1972

7. The Indian Police Act, 1861

C. Reports

1. Law Commission Reports

2. National Crime Records Bureau‟s Annual Reports

D. List of Cases

Introduction to Criminal Procedure

I. D.K. Basu v. State of West Bengal, AIR 1997 SC 610

II. Harpal Singh Chauhan v. State of U.P., AIR 1993 SC 2436

III. Keshavan Madhava Menon v. State of Bombay, AIR 1951 SC 128

IV. Nani Gopal Mitra v. State of Bihar, AIR 1970 SC 1636

V. Raja Narayanlal Bansilal v. Maneck Phiroz Mistry & Anr., AIR 1961 SC

29

VI. Ram Chander v. State of Haryana, AIR 1981 SC 1036

VII. Ramashraya Chakravarti v. State of Madhya Pradesh, AIR 1976 SC 392

VIII. Rao Shiv Bahadur Singh & Anr. v. State of Vindhya Pradesh, AIR 1953

SC 394

IX. Rattan Lal v. State of Punjab, AIR 1965 SC 444

X. Sunil Batra v. Delhi Administration, (1978) 4 SCC 494

XI. State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808

XII. State of Haryana & Ors v. Ch. Bhajan Lal & Ors. AIR 1992 SC 604

XIII. Aleque Padamsee v. Union of India (UOI), decided on 18.07.2007

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First Information Report

I. Alesque Padamsee v. Union of India, decided on 18th July, 20017

II. State of Haryana & Ors. v. Ch. Bhajan Lal & Ors. AIR 1992 SC

604

III. Emperor v. Khwaja Nazir Ahmad, AIR 1942 PC18

IV. H.N. Rishbud & Inder Singh v. State of Delhi, AIR 1955 SC 196

V. Lalita Kumari v. Government of U.P., AIR 2012 SC 1515

VI. Nandini Satpathy v. P.L. Dani, AIR 1978 SC 1025

VII. Ram Lal Narang v. State (Delhi Administration), AIR 1979 SC 1791

VIII. State of Gujarat v. Mohanlal Jitamalji Porwal, AIR 1987 SC 1321

IX. T.T. Antony v. State of Kerala & Ors., AIR 2001 SC 2637

Search & Seizure

I. Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1

II. Shyamlal Mohanlal v. State of Gujarat, AIR 1965 SC 1251

III. V.S. Kuttan Pillai v. Ramakrishnan & Anr., AIR 1980 SC 185

Arrest

I. Citizen for Democracy v. State of Assam & Ors., AIR 1996 SC 2193

II. D.K. Basu v. State of West Bengal, 2002 CriLJ 4546

III. Directorate of Enforcement v. Deepak Mahajan & Anr., (1994) 3 SCC

440

IV. Joginder Kumar v. State of U.P. & Ors., (1994)4SCC260

V. Lalita Kumari v. Government of U.P., AIR 2012 SC 1515

VI. Munshi Singh Gautam v. State of M.P., (2005) 9 SCC 631

VII. Nandini Satpathy v. P.L. Dani & Anr., (1978) 2 SCC 424

VIII. Parbhu v. Emperor, AIR 1944 PC 73

IX. State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125

X. State of Punjab v. Balbir Singh, AIR 1994 SC 1872

XI. State of Maharashtra v. Christian Community Welfare Council of

India & Anr., (2003) 8 SCC 546

XII. State of Haryana & Ors. v. Dinesh Kumar, AIR 2008 SC 1083

XIII. Smt. Shakila Abdul Gafar Khan Vs. Vasant Raghunath Dhoble, AIR

2003 SC 4567

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Bail

I. Chaganti Satyanarayana and Ors. v. Respondent: State of Andhra

Pradesh; decided on 08.05.1986

II. D.K. Ganesh Babu v.. P.T. Manokaran & Ors., (2007) 4 SCC 434

III. Sh. Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC

1632

IV. Pokar Ram v. State of Rajasthan & Ors., AIR 1985 SC 969

V. Niranjan Singh v. Prabhakar Rajaram, AIR 1980 SC 785

VI. Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., AIR

2011 SC 312

VII. State of Maharashtra v. Dhanendra Shriram Bhurle; decided on

11.02.2009

Charges

I. Birich Bhuian v. State of Bihar, AIR 1963 SC 1120

II. Kamalanantha v. State of Tamil Nadu, (2005) 5 SCC 194

III. S. Ganesan v. Rama Raghuraman and Ors.; decided on 03.01.2011

IV. State of Andhra Pradesh v. Cheemalapati Ganeswara Rao. AIR 1963

SC 1850

V. State of Himachal Pradesh v. Tara Dutt, AIR 2000 SC 297

VI. State of West Bengal v. Laisal Haque & Ors., AIR 1989 SC 129

VII. Willie (William) Slaney v. Madhya Pradesh, AIR 1956 SC 116

Cognizance

I. Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy & Ors., AIR

1976 SC 1672,

II. Kishun Singh v. State of Bihar, (1993) 2 SCC 16

III. Tula Ram v. Kishore Singh, AIR 1977 SC 2401

Complaint

I. Tula Ram v. Kishore Singh, AIR 1977 SC 2401

II. Mahesh Chand v. B. Janardhan Reddy & Anr., AIR 2003 SC 702

III. Smt. Mona Panwar v. The Hon'ble High Court of Judicature at

Allahabad through its Registrar, (2011) 3 SCC 496

IV. Shiv Shankar Singh v. State of Bihar & Anr., (2012) 1 SCC 130

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V. Upkar Singh v. Ved Prakash & Ors., decided on 10.09.2004

Jurisdiction

I. Y. Abraham Ajith v. Inspector of Police, Chennai, AIR 2004 SC 4286

II. Harman Electronics Pvt. Ltd. v. National Panasonic India Ltd.,

decided on 12.12.2008

Pre-trial Investigation

I. State (N.C.T. of Delhi) v. Navjot Sandhu @ Afsan Guru, AIR

2005 SC 3820

II. Aslam Babalal Desai v. State of Maharashtra, AIR 1993 SC 1

III. Baleshwar Rai & Ors. v. State of Bihar, [1963] 2 SCR 433

IV. Central Bureau of Investigation, Special Investigation Cell-I, New Delhi

v. Anupam J. Kulkarni, (1992) 3 SCC 141

V. Chaganti Satyanarayana & Ors. v. State of Andhra Pradesh, (1986) 3

SCC 141

VI. Kali Ram v. State of Himachal Pradesh, AIR 1973 SC 2773

VII. Matabar Parida & Ors. v. State of Orissa, AIR 1975 SC 1465

VIII. Mohamed Iqbal Madar Sheikh & Ors. v. State of Maharashtra, (1996)1

SCC 722

IX. Nandini Satpathy v. P.L. Dani & Anr., (1978) 2 SCC 424

X. Tahsildar Singh & Anr. v. State of Uttar Pradesh, AIR 1959 SC 1012

XI. (Union of India v. Thamisharasi & Ors.) with (Intelligence Officer,

Narcotics Control Bureau v. Arif U. Patel) (1995) 4 SCC 190

Note: The above list of reading material is indicative and not exhaustive.

Earlier editions of a number of the above texts might also be available and can

be consulted once account is taken of their datedness, particularly as to

applicable case law. These text were selected because they provide in one

volume a combination of text, cases and materials, designed to be read as a

whole i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is

much more to the law than this, and he/she will undoubtedly benefit from

undertaking some reading and study of his/her own. It is creditable if he/she, in

respect of the proper use of independent research and study, follow up in the

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14

Law Library some of the case references, periodical articles or other material

referred to in the prime textbook or in class – or even to do some research of

his/her own. A good resource to use is to use the relevant section of Symbiosis

Law Library and online databases such as Westlaw International and LexisNexis

available on campus network.

For supplementary reading, student could, for instance, begin by consulting the

relevant sections of the “alternative” texts placed on loan in the law library.

Thereafter he/she could engage in his/her own research, without particular

reference, to journals on online databases including SCC Online, Lexis-Nexis,

Manupatra, West-Law India, HeinOnLine, JSTOR, Kluwer Database, CLA-

Online, Ebrary, Emerald, Pearson & EBSCO and offline database including

AIR.

5. ASSESSMENT

Students will be examined in this course by Internal (40%) and External

Assessment (60%) format.

Internal Assessment:

Internal assessment will be conducted for 40 marks. It will include one tutorial

(20 marks), Research Project (10 marks), and „oral pleading‟ (10 marks).

A. Mode of First Internal Assessment -

Project (Investigation Report u/s 173, Cr.P.C.) - (10 marks):

Each student will select one section from the list of sections on penal law. He

/ she will have to investigate the matter on his / her own and submit the

investigation report. It will start from registration of F.I.R. / N.C.R. and will

culminate at submission of „charge sheet report‟. Guidelines in detail are laid

down herein below at Annexure I.

B. Mode of Second Internal Assessment

Open book tutorial (20 marks):

One tutorial will be conducted as per schedule laid down herein below. It will

be open-book tutorial. There will be at-least two questions in the tutorial.

Detailed guidelines on tutorial are laid down herein below.

C. Mode of Third Internal Assessment

Oral Pleading (10 marks):

Each student will have to argue before the court on the issue of „framing of

charge‟. There will be no written submission in this evaluation; only oral

15

pleading need to be conducted. Detailed guidelines are laid down herein

below.

External Assessment:


examination for 60 marks. It consists of ten objective-type (2 marks each = 20

marks) and 4 subjective-type/cases and open problems/questions (10 Marks

each) with an alternative (40 marks).

Out of four subjective questions, at least one question (both the options) will be

„practical situation based problems‟ in which relevant statutory provisions will be

annexed. Its objective is to make learning process to be more application-based

learning. And, at least one subjective question will be theory-based question;

it‟s a kind of descriptive question.

6. Internal Assessment Mode & Schedule

A. Project – Mode & Schedule

In criminal procedure law, it has become essential for any legal professional

to have knowledge of various technicalities that he may face when he enters

into profession. He / she should have skill as well to deal with such

technicalities. E.g., it is expected that he / she knows what are contents of

the F.I.R., Charge-sheet Report, Search & Seizure Form, etc.

The project submission in this subject will be „charge sheet report‟ that is

submitted by the police once investigation gets over. It contains all the

records / documents / evidences that the police has collected during

investigation. It is submitted through pre-printed form and contains various

documents, like, „general diary‟, „F.I.R.‟, „statement recorded u/s 161 of the

Code‟, „material evidence & its report‟, „list of evidence‟, „list of witnesses‟,

etc.

Each student is required to submit the project as per guidelines laid down in

the Annexure I.

16

B. Tutorial – Mode & Schedule

There will be one tutorial as per the schedule laid down herein below. It will

be „Cases and Open problems/questions‟ and it will carry 20 marks. Each

student will attempt it on all the occasion.

It is important to take notice that the tutorial is „open book‟; students are

allowed to bring any material, except electronic material, during tutorial.

Further it is important to take notice of questions posted @ banyan tree for

preparation of both the tutorials.

Tutorial

Date

Topic

Test Result

First 26th August, 2019 4th September,

2019

Topic 2, 3, 4, & 6

(for detail, refer

lecture schedule)


Process: to understand the kind of questions to be asked, two online

sessions (situation based questions) will be conducted as per following

Schedule – Project

Allotment of Topics

Last date for

Submission Results

Uploading the

topics

Allotment of

topics

Last date

List of topics will be

uploaded @

curiosity on or

before 3rd July,

2019

Student will

select the topic

and intimate the

same to the

faculty

4th August,

2019

5th August,

2019

12th

August,

2019

17

schedule. Situation based question/s will be uploaded on „banyan tree‟ @

curiosity portal and answers will be posted by the students as per schedule.

Those who will respond / answer the question within stipulated time given

therein will be granted attendance one lecture each for these sessions. This

activity is compulsory for all and attendance so granted will form part of the

total attendance.


Session I

Session II

Date of Uploading

‘query’ by the

faculty

22nd July, 2019

@8:00 p.m.

9th August, 2019

@ 8: 00 pm

Last-date for

uploading reply by

the students

24th July, 2019 11th August, 2019

C. Oral Pleading – Mode & Schedule

Oral pleading is an exercise in which student will have to argue before the

court on „framing of charge‟. He / she will argue as Public Prosecutor. The

document on which the student will argue for charge will be „project

submission‟. It will not be the same one submitted by the student. It

means, „charge-sheet‟ submitted by Mr. A will be allotted to some-one else;

similarly, Mr. A will be allotted „charge-sheet‟ submitted by some-one else. It

will be random selection cum allotment process within the same division.

Flexibility has been maintained in r/o dates of „oral pleading‟ as it will make

the students more responsible; also, it gives them opportunity to make

balance between various other activities & duties as a student. Detailed

guidelines have been laid down at ‘Annexure – II’ that must be adhered to.

Schedule – Oral Pleading

Activity

Date

Allotment of Charge-

sheet

13th August, 2019

18

Oral Pleading

Any given working day from 14th August, 2019

to 30th September, 2019

It is important to take notice of Annexure II which contains guidelines /

instructions in r/o schedule of „oral pleading‟.

7. Administrative Arrangement

The faculty in-charge of this course is Dr. Madhuker S. In case he/she face any

problem in dealing with the subject, feel free to see the concerned faculty.

8. Office Hours & Contact Information

If few doubts remain, please contact Dr. Madhuker S. via e-mail at

[email protected], or students are welcome to meet the faculty at his

office between 2 pm to 4 pm only.

19

Annexure – I

Detailed Guidelines for Project

Allotment of Project Topic

Allotment of topic is to be made through ‘first come first serve’ basis;

List of topic, i.e., ‘statutory provision’, will be uploaded on ‘library’

window of ‘curiosity’ web-portal on or before 4th July, 2019;

The list of ‘research project topics’ will contain 260 statutory provisions

from penal law, like, Dowry Prohibition Act, Environment Pollution Act,

etc.

The student can select any one topic from the list;

Once, its selected, it must be intimated to the faculty;

This intimation must be made in-person only; no email communication will

be considered in this regard;

This intimation of topic can be made on any working day at any time

before 4 pm;

There is no last date for this process; but the student need to take care of

this process as his/her participation in the whole evaluation process is

dependent upon this process;

One topic will not be allowed to more than one student; whoever comes

first will be given preference if there is any clash in said selection process.

Contents of Project – Submission of Charge-sheet Report

Once statutory section is allotted to the student, he / she need to do

the following:

Some hypothetical situation will be constructed;

An offence as described in selected section of penal law must have

been committed in hypothetical situation;

An First Information Report (F.I.R.) for cognizable offence and Non-

cognizable Report (N.C.R.) for non-cognizable offence will be

registered;

Pre-printed form of F.I.R. / N.C.R. may be used;

This pre-printed form of F.I.R. / N.C.R. may be filled with typed

version only;

Statement u/s 161 of the Code will be recorded;

20

Material evidences, if required, will be collected;

Reports on material evidences, if required, will be collected;

List of evidences will be prepared;

List of witnesses will be prepared;

Following documents must be submitted:

i. Charge-sheet Report (Refer Sec. 173 of Cr.P.C.)

ii. Pre-printed version may be used;

iii. It must be typed document.

iv. Written complaint or General Diary Entry

v. Written complaint of the complainant, if written complaint is

received by the police in hypothetical situation;

vi. If police has received complaint on telephone, then the police

officer writes the same in General Diary at Police Station, and

I.O. is appointed & send by the S.H.O. to crime scene.

vii. Kalandara

viii. It’s endorsement of the S.H.O. appointing I.O. in a case;

ix. If it’s written complaint case, S.H.O. endorses the same;

x. If it’s oral complaint through telephone, S.H.O. endorses the

general diary entry.

xi. F.I.R. / N.C.R.;

xii. Statement recorded by the I.O. u/s 161 of Cr.P.C.;

xiii. List of evidences / documents;

xiv. Only list needs to be attached; documents need not to be

attached;

xv. List of witnesses;

One sample charge-sheet will be uploaded @ library for above

purposes.

It will be evaluated for 10 Marks.

Format of Charge-sheet

Cover Page:

Title of the Topic (No. of statutory provision)

Name, Roll No., & Division of the Student

Main content:

Filled form of charge-sheet report;

21

Written Complaint / General Diary Entry;

Kalandara, i.e., endorsed written complaint / general diary entry;

F.I.R. / N.C.R.;

Sec. 161 statements;

List of evidences;

List of witnesses.

22

Annexure II

Specific Guidelines for Oral Pleading

Allotment of Charge-sheet

Oral pleading will be argument on ‘framing of charges’ which will be

evaluated for 10 Marks;

Each student will argue from prosecution side only;

Charge-sheet report, i.e., project submission, submitted by students will

be exchanged within the same division;

It will be done from 13th August, 2019 onwards;

Student need to visit office of the faculty and select charge-sheet report;

it will be random selection;

Selection / allotment of charge-sheet may be done on any working day

from 13th August, 2019 to 29th September, 2019;

Responsibility lies with the student to book slot for ‘oral pleading’;

It is advised to book slot for ‘oral pleading’ at the time of selection of

charge-sheet report;

Instructions – Schedule of Oral Pleading

Oral-pleadings will be conducted from 16th August, 2019 to 30th

September, 2019;

Its duty of the student to book slot for oral-pleading;

Slot for oral-pleading may be booked on any given working day starting

from 13th August, 2019;

On any working day, oral pleading of maximum 10 students will be

conducted;

It means that for any given working day, maximum 10 slots will be

booked;

If slot is available, oral-pleading may be given on the day of slot booking;

Between 16th August to 30th September, there will be more than 35

working days which means that more than 350 slots are made available

for ‘oral pleadings’.

23

Specific Guidelines for Oral Pleading

Oral pleading will be argument on ‘framing of charges’ which will be

evaluated for 10 Marks;

Each student will argue from prosecution side only;

There is no written submission in this evaluation;

It will evaluate pleading skills of the student;

As P.P., student need to do the following:

Open the case with brief facts;

Brief description of the Section to be applied;

Emphasizing how given facts contain essentials of the Section to be

applied;

Mentioning the evidences, including witnesses;

Closing statement.

1

TEACHING PLAN

Law Of Crimes – Paper III

(Code Of Criminal Procedure Code – II)

Semester VI (Batch 2017-22)


By,

Dr. Madhuker S. (Asst. Prof. of Law)

(Course In-charge)

&

Mr. Vikram Singh (Asst. Prof. of Law)



December, 2019 – April, 2020

2

1. INTRODUCTION

In a law degree course, procedural laws lay the foundation stone for strong & better

learning of substantive laws. Substantive laws & procedural laws complement &

supplement each other. Primarily procedural laws work in two domains, civil

proceedings and criminal proceedings. Both the procedural laws, i.e., Civil Procedure

Code and Code of Criminal Procedure, are used by the practitioners throughout their

career, hence the learning curve keeps moving upwards. Criminal justice system in

India provides for two procedural laws, one for the adults, i.e., Code of Criminal

Procedure and the other is for the juveniles, i.e., Juvenile Justice Act.

This course, Law of Crimes III – Code of Criminal Procedure II, is extension of

previous course, Law of Crimes II – Code of Criminal Procedure I. The very

fundamental basis of criminal justice system, i.e., „expeditious & effective

investigation of criminal cases‟, „fair trial‟, „opportunity of being heard to both,

accused and victims‟, etc. have already been taught & learnt in the previous

semester. This course will cover up the criminal trial process, starting from

summoning of accused to appellate mechanism, including final judgement &

revisionary mechanism.

The criminal procedure is not simply an outlining of procedural aspects of

investigation, trial etc. but it creates boundaries for criminal justice system and if the

system travels beyond this, it is not only transgressing the limits of its own

procedure but violates Rule of Law, and it ruins concept of justice itself. With the sole

purpose of giving justice, not only to the accused, but also to the accused, different

procedural law is established for juveniles. The idea behind said system is that

juvenile are considered to be immature enough to understand consequences of their

act, hence, they must not be kept at equal footing with any other adult accused.

The Code of Criminal Procedure, 1973, hereinafter referred as „the code‟ is an Act

dealing with the initiating of criminal and allied proceeding against any person,

investigation, trial and other related matters. From lodging the First Information

Report, commonly known as F.I.R. or filing of criminal complaint to judicial

magistrate, the code provides means, methods, mechanism and forum for trial of

various classes of criminal cases.

In the search of fair investigation and trial of criminal cases it provides various limits,

including procedure for arrest of suspects, medical examination at the time of arrest,

rights of arrested persons and also detail procedures for the conduct of investigation.

The procedure for fair investigation includes preparation of memos of article

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discovered during investigation, proper recording of statements from witnesses &

accused, both, search & seizure procedures and examination of various article from

expert witness etc.

The pre-trial procedure, consisting of FIR/complaint and investigation, as done by

police or other agency prescribed through law, culminates into charge formation. The

code has prescribed detail procedure for the formation of charge against accused. To

make it more fair, pre-charge evidence has been made necessary part of entire

charge formation process which is taken up by the court.

The trial procedure is vividly described in the code which makes fair trial as only

possible outcome. This includes procedure of opening of cases by prosecution, as

necessary requirement of Adversarial Criminal Justice System, Plea of Guilt and other

procedural aspects such as Plea Bargaining. Various prosecution authorities are

prescribed in the code to conduct prosecution. Apart from this the code, in

consonance with the Constitution, prescribes legal aid to the poor and thereby

making fair justice. Apart from initiating criminal proceeding and trial, procedure

regarding conducting inquiry, inquest, interim maintenance, security for keeping

good behavior and peace etc. are also prescribed in the code.

2. LEARNING OBJECTIVES (Knowledge, Skills & Outcomes)

The idea of teaching of criminal procedure is all about giving adequate amount of

knowledge and understanding about the criminal procedure code. This includes

understanding procedural requirements during criminal trial and other related issues.

The idea behind having full course on criminal procedure is about dealing with

procedure at length and underlining the rights involved under the procedure,

violation of which may result into vitiating the entire trial.

A. Learning Objectives

The overall objective of this course at this level is to develop the following set of

skills in the students while dealing with criminal cases:

Skill in understanding and application of criminal procedure

Intellectual skills as to development of right based approach in criminal trial

Humanizing criminal trial by invoking procedural aspects

General communicative skill so that various procedural safeguards may not be

only used but used promptly; and

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Employability skills, through simulated exercises, which is most important in

these days of competition.

B. Learning Outcomes

The law of crime demands that students have the capacity to demonstrate insight

in presenting materials drawn from a wide and sometimes contradictory range of

primary and secondary sources and doctrinal commentary; and to demonstrate

an ability to produce a synthesis of those materials that offers a personal and

informed criticism.

To acquire knowledge of criminal trial process, including inquiry conducted at

Juvenile Justice Board;

To understand constitutional & jurisprudential aspects of juvenile justice

system;

To demonstrate & apply understanding of criminal trial, including inquiry at

Juvenile Justice Board, in hypothetical situations;

To construct & design and then develop new interpretation & understanding of

legal principles;

To be able to argue & defend his point in r/o new outcome on such

interpretation & understanding of criminal procedural law.

C. Final Outcome

Assessment is by compulsory coursework examination (100%) (Including

Internal (40%) and External Assessment (60%) by the Symbiosis International

(Deemed University), Pune.

3. LECTURES


Three lecture times have been set aside for this course for each division. Verify it

from the timetable assigned for each division. Lecture outlines, principally in the

form of Power-Point slides, and relevant study/reading material will be made

available in „The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.

To facilitate understanding of these lectures, students should always read at least

the relevant pages of suggested readings in advance of each lecture.

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In addition to regular classes, two Banyan Tree sessions will be conducted which

will form part of attendance as well. Please refer to the Banyan Tree Sessions

schedule as given under Tutorial-Mode and Schedule.

We will be expecting your response/ answer/ reply within stipulated time given.

Those, who will respond/answer/ reply within stipulated time given will be

granted attendance for one lecture each. This activity is compulsory for all and

attendance so granted will form part of the total attendance.




B. Notifications

Students are informed that notice/s, with respect to academic-administration, will

be sent either by the Course-in-charge or by the Faculty-in-charge (Academic

Coordination) through „owl @ curiosity‟. It is instructed that neither the Course-

in-charge / Faculty-in-charge (Academic Coordination), nor any student will

publish any notification at „library @ curiosity‟. Students are required to keep

themselves duly informed.

C. Lecture Outline

Week 1:

December

30, 2019

Lecture-1 Teaching Plan


Lecture-3

Topic 1: Judgement

Concept of Judgement

Procedural Aspect of Judgement Writing

Week 2:

January 06,

2020

Lecture-4

Summary Trial; Post-conviction Order in lieu

of Punishment; Compensation; Mode of

Providing Judgement

Lecture-5

Judicial Discretion in sentencing; Death

sentence; Case study on judgement; Cases

on compensation, Sec. 357, Cr. P.C.

Lecture-6

Topic 4: Probation

Probation: meaning & concept

Issues under probation law

Week 3: Lecture-7 Jurisprudence of probation

6

2 Date of ‘guest lecture’ is tentative; it will be arranged as per availability of the visiting person who will be an

experienced lawyer.

January 13,

2020

Reformatory school of criminal justice

Lecture-8 Criminal behavior & probation

Provisions under criminal procedure code

Lecture-91 Judicial attitude on probation

Week 4:

January 20,

2000

Lecture-10

Probation of Offender‟s Act, 1954

General Introduction

General definition

Restrictions on imprisonment of offenders

under twenty-one yrs. of age

Lecture-11 Guest Lecture : Pleadings @ Final Argument2

Lecture-12

Probation officer

Duties of probation officer

Report of probation officer

Variation of conditions of probation

Week 5:

January 27,

2020

Lecture-13

Procedure in case of offender failing to

observe condition of bond

Provision as to sureties

Removal of disqualification attaching to

conviction

Problems in the practical implementation of

probation

Lecture-14

Topic 5: Reforms in Criminal Procedural Laws

Issues and concept for reforms

Issues like arrears, delay, and fair justice

History of reform in criminal justice system in

India

Lecture-15

Constitutional mandate and criminal justice

system

Police, court and court management, an idea

for reform

Week 6:

February Lecture-16

Human rights, Constitution and fair justice

Recommendation of Malimath Committee

7

03, 2020

Report

Justice, problem of poverty, conflicts between

ideological groups and criminal justice reform

Lecture-17

Topic 2: Appeal, Reference, Revision

Concept, rationale of appeal, reference, &

revision

Procedure for appeal

No appeal in certain cases (Sec. 372, 375,

376)

Lecture-18

The multiple range of appellate remedies,

appeal against conviction, appeal against

acquittal

Supreme Court of India in r/o Sec. 374 &

379, Cr.P.C., &, Art. 131, 132, 134, 136

Week 7:

February

10, 2020

Lecture-19

High Court in r/o Sec. 374

Sessions Court in r/o Sec. 374

Special Right to Appeal, Sec. 380

State appeal against sentencing, Sec. 377 &

378

Lecture-20

Judicial power in disposal of appeals, Sec.

368

Case laws on Judicial Power to Appeal

Legal aid in appeal

Lecture-21 Revisional jurisdiction, Sec. 397-405

Transfer of cases, Sec. 406-07

Week 8:

February

17, 2020

Lecture-22

Concept, courts of „revision/refernce‟

Applications for „revision/reference

Powers of courts of revision/reference‟

Lecture-23

General procedure

Application for revision

Cases

Lecture-24

Powers of courts of revision

Cases on revision

Week 9: Lecture-25 Case study

8

3 Date of ‘guest lecture’ is tentative; it will be arranged as per availability of the visiting person who will be an

experienced lawyer.

February

24, 2020

Lecture-26

Transfer of cases from one court to another

Jurisdictional issue

Powers of High Court

Lecture-27 Powers of supreme court to transfer a case

Case study: Gujarat riots case

Week 10:

March 02,

2020

Lecture-28 Cases on transfer of criminal cases

Lecture-29

Topic 3: Juvenile Delinquency

Concept

Nature of Juvenile Delinquency

Magnitude of Juvenile delinquency

Lecture-30

Juvenile justice system in India

Rehabilitation & treatment of juveniles in

India

Issues of rehabilitation

Issues in treatment of a juvenile

Week 11:

March 09,

2020

Lecture-31

Comparison between juvenile offence and

adult crime

Lecture-32

Constitution of India & juvenile justice

system in India

Lecture-33 Case-laws

Week 12:

March 16,

2020

Lecture-34

Introduction to J.J.(Care & Protection)

Act, 2015

Basic features of the act of 2015

Lecture-

353

Juvenile justice board: establishment, power,

& duties

Lecture-36

Nature of Offences under the Act:

Petty offence, Serious offence, & heinous

offence

Week 13:

March 23,

2020

Lecture-37 Determination of age of juveniles

Case laws

Lecture-38 ….continued….


9

4. READING & REFERENCE MATERIAL:

A. Statutes:

Indian Penal Code, 1860

Juvenile Justice (Care and Protection of Children) Act 2015

The Code of Criminal Procedure, 1973

The Constitution of India, 1950

The Indian Evidence Act, 1972

The Indian Police Act, 1861

The Probation Of Offenders Act, 1958

B. Reports:

• 14th Law Commission Report, Law Commission of India, 1958






• 132nd Law Commission Report, Law Commission of India, 1989


Week 14:

March 30,

2020


Lecture-41 Preliminary Assessment of the Juvenile under

the Act


Week 15:

April 06,

2020




Week 16:

April 13,

2020

Lecture-46 Punishment / Sentencing Policy under the Act



Week 17:

April 20,

2020

Lecture-49 Nature & Definition of Offences under the Act

Lecture-50 Revision

Lecture-51 Revision

10

• 141st Law Commission Report, Law Commission of India, 1991








• 203rd Law Commission Report, Law Commission of India, 2007

• 221st Law Commission Report, Law Commission of India, 2009


• 233rd Law Commission Report, Law Commission of India, 2009



• Malimath Committee Report (2003) vol. 1

C. Suggested Books:

A.V. Merlo, & P.J. Benekos, “The Juvenile Justice System: Delinquency,

Processing and the Law”, Pearson – Boston: 2015

Abhinav Prakash & Vibha Arora, “Code of Criminal Procedure”, Universal Law

Publishing Co., New Delhi: 2013

Andrew Ashworth, “Sentencing and Criminal Justice”, Cambridge University

Press, United Kingdom: 2015

C.K. Takwani & M.C. Thakker, “Criminal Procedure”, Lexis-Nexis: 2015 (4th

Ed.)

Darrell L. Ross, “Civil Liability in Criminal Justice”, Routledge: 2018 (7th Ed.)

Davod Brandt, “Delinquency, Development, and Social Policy”, Yale University

Press, London: 2006

Dr. Girjesh Shukla, & Dr. Madhuker S., “A Handbook on Code of Criminal

Procedure”, Gogia Law Agency, Hyderabad: 2014

Gokulesh Sharma, & Hemant Kumar Pandey, “A Manual on Criminal

Procedure”, Thomson Reuters, New Delhi: 2016 (1st ed.)

Jaishree Jaiswal, “Human rights of Accused and Juveniles”, Kalapaz

Publication, Delhi: 2005

11

Justice C K Prasad and Namit Saxena, “Ratanlal and Dhirajlal‟s the Code of

Criminal Procedure - As amended by the Criminal Law (Amendment) Act,

2013”, LexisNexis: 2017 (22nd Ed.)

K.I. Vibhute, “P.S.A. Pillai‟s Criminal Law”, Lexis Nexis: 2017 (13th Ed.)

K.N. Chandrasekharan Pillai, “R.V. Kelkar's Lectures on Criminal Procedure”,

Eastern Book Company, Lucknow: 2011 (4th Ed.)

Khatri, B.D., “Law of Probation in India with Juvenile Justice Act, 1986”,

Eastern Book Company, Lucknow: 1988

Lawrence F. Travis & Bradley D. Edwards, “Introduction to Criminal Justice”,

Anderson Publishing: 2015 (8th Ed.)

Mumford, Gilbert H. F., “Guide to Juvenile Court Law”, Shaw & Sons, London:

1974 (8th Ed.)

N.V. Paranjape, “Code of Criminal Procedure, 1973, Juvenile Justice (Care &

Protection of Children) Act, 2000 & Probation of Offenders Act, 1958”,

Allahabad Central Law Agency: 2011

Narender Kumar, “Key to Criminal Court: Practice & Procedures:, Universal

Law Publishing, New Delhi: 2012

R.A. Duff, & Stuart P. Green, “Philosophical Foundations of Criminal Law”,

Oxford University Press: 2011 (1st Ed.)

R.N. Chaudhary, “Law Relating to Juvenile Justice in India”, Orient Publishing

Company, Allahabad: 2005

Richard Vogler, “World View of Criminal Justice”, Routledge Publications: 2016

(1st Ed.)

S.C. Sarkar, “Sarkar on the Law of Criminal Procedure”, LexisNexis: 2009

S.C. Sarkar, P.C. Sarkar, Sudipto Sarkar, & Dr. H.R. Jingta, “Sarkar‟s

Commentary on the Code of Criminal Procedure”, Lexis Nexis, New Delhi:

2018 (12th Ed.)

S.M. Cox, “Juvenile Justice: A Guide to Theory, Policy and Practice”, SAGE –

Los Angeles: 2017

Sean Doran, “Judicial Role in Criminal Proceedings”, Hart Publishing, Oxford:

2000 (1st Ed.)

Shriniwas Gupta, “Criminal Procedure Code, 1973”, Thomson Reuters: 2015

Surendra Malik, & Dudeep Mailk, “Supreme Court on Criminal Procedure Code

& Criminal Tria”, Eastern Book Company, Lucknow: 2018

12

Surya Narayan Misra, “Code of Criminal Procedure”, Allahabad Central Law

Publications: 2013

Ved Kumari, “Juvenile Justice System in India”, Oxford University Press, New

Delhi: 2004

Vishwas Shridhar Sohoni, “The Criminal Law (Amendment) Act, 2013”,

Allahabad Premier Publication: 2014

D. List of Suggested Cases:

Abdul Qayum V. State of Bihar, AIR 1972 SC 21

Anil Rai v. State of Bihar, (2001)SCC (CRL)1009

Ankush Shivaji Gaikwad v. State of Maharashtra, SLP (Crl.) No. 6287 of 2011

Arnit Das v. State of Bihar, [(2000) 5 SCC 488]

Babloo Pasi vs. State of Jharkhand [(2008) 13 SCALE 137]

Court on its own motion v. State of Punjab; The National Commission for the

Protection of Child Rights (NCPCR) v. The State of Haryana and Ors, Decided

on 9th April, 2013

Hari Ram vs State Of Rajasthan, Criminal Appeal No. 907 of 2009

Jameel vs. State of Maharashtra, [(2007) 11 SCC 420],

Kehar Singh V. Regional Employment Offices Chandigarh, AIR 1966 Page 336

Laxmi v. Union of India, W.P. (Crl.) No. 129 of 2006, judgement delivered on

10th April, 2015

Manohar Singh v. State of Rajasthan, SLP (Crl.) No. 1491 of 2012, judgement

delivered on 16th January, 2015

Mohd. Ikram Hussain vs. State of U.P. & Ors. [1964 (5) SCR 86]

Munney @ Rahat Jan Khan vs. State of U.P., [(2006) 12 SCC 697]

Naisul Khatun v. State of Assam, Gauhati High Court; 2011 Cri LJ 326

Phul Singh V. State of Haryana, AIR 1980 SC 249

Pratap Singh v. State of Jharkhand & Ors., (2005) 3 SCC 551

Ram Singh v. State of Haryana, (2000) 6 SCC 759

Ranjit Singh vs. State of Haryana, [(2008) 9 SCC 453]

Salil Bali v. Union of india, Writ Petition No. 10 of 2013 (SC)

Sampurna Bahera v. Union of India, decided by S.C. on 9th February, 2018

Sanchu Ray v. State of Assam, (1987) Cr. C.J. 1378

Sidharth, Etc. v. State Of Bihar, Appeal (crl.) 688 of 2003

Smt. Deviki v. State of Haryana, AIR 1979 SC 1948

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Suresh & Anr. v. State of Haryana, Cr. Appeal no. 420 of 2012; judgement

delivered on 28th Nov., 2014

Trikha Ram v. V.K. Seth, AIR 1988 SC 285

Umesh Chandra v. State of Rajasthan, (1982) 2 SCC 202

Union of India v. Bakshi Ram, 1990 Cr. LJ 1013

Uttam Singh v. Delhi Administration, AIR 1972 SC 21

Vimal Chadha v. Vikas Chaudhary [(2008) 8 SCALE 608]

Note: The above list is indicative and not exhaustive. Earlier editions / latest Editions

of a number of the above texts might also be available and can be consulted once

account is taken of their datedness, particularly as to applicable case law. These

texts were selected because they provide in one volume a combination of text, cases

and materials i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much

more to the criminal procedural law than this, and the student will undoubtedly

benefit from undertaking some reading and study of his / her own. It is creditable if

a student, in respect of the proper use of independent research and study, follow up

in the Law Library some of the case references, periodical articles or other material

referred to in the prime textbook or in class – or even to do some research of his /

her own. For supplementary reading, student could, for instance, begin by consulting

the relevant sections of the “alternative” texts placed on loan in the law library.

Thereafter one could engage in his / her own research, with particular reference to

journals on online databases including SCC Online, LexisNexis, Manupatra, WestLaw

India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration,

Kluwer Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald & EBSCO, and

offline database including AIR.


This course is a 04 Credits course so each student will be examined for 100 marks in

total. It contains Internal Assessment (40%) and External Assessment (60%)

format.

A. Internal Assessment:

Internal assessment will be conducted for 40 marks. It includes one tutorial (20

marks), Research Project (10 marks), and „oral pleading‟ (10 marks).

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I. First Internal Assessment - Project (Case File of Criminal Trial) (10

marks):

This project work is in continuation of project work of the course „Law of

Crimes II – Code of Criminal Procedure – I (Sem. V)‟. Each student has

created a case-file during his / her Semester V project work. The same

case file will be continued this semester to complete the learning of trial

process.

Each student will submit „Case File of Criminal Trial‟ which contains

various documents, like, „charge sheet‟, „examination & cross examination

of P.Ws & D.Ws‟, „Sec. 313 statement of the accused‟, „final arguments‟, &

Ors.

II. Second Internal Assessment - Open Book Examination (20 marks):

One tutorial will be conducted as per schedule laid down herein below. It

will be open-book tutorial. There will be at-least two questions in the

tutorial. Detailed guidelines on tutorial are laid down herein below.

III. Third Internal Assessment - Oral Pleading – Final Arguments (10

marks):

The case-files submitted by the students under Project will be exchanged

within the same division. Each student will lead „final arguments‟ from the

prosecution side in r/o allotted case file.

B. External Assessment:


examination for 60 marks. It consists of ten objective-type (2 marks each = 20

marks) and 4 subjective-type questions (10 Marks each) with an alternative (40

marks).

Out of four subjective questions, at least one question (both the options) will be

„practical situation based problems‟ in which relevant statutory provisions will be

annexed. Its objective is to make learning process to be more application-based

learning. And, at least one subjective question will be theory-based question; it‟s

a kind of descriptive question.

15

6. INTERNAL ASSESSMENT MODE & SCHEDULE


occasion. The details pertaining to three modes of internal assessment are as

follows:

A. Project Mode & Schedule

Research project is aimed at improving the writing, research, and communication

& presentation skills to make academic teaching-learning more challenging &

rigorous than standard lecture & test format courses. It further aims to enhance

learning capability by research amongst the students, and, creating a forum for

enhancing a greater dialogue between & among the scholarly community.

One research project will be undertaken by each student. The evaluation pattern

for the project will be based on written submission (10 Marks). Each student is

required to submit the project as per guidelines laid down in the Annexure I.

Each student will carry the project work of Sem. V in the subject „Law of Crimes

II – Code of Criminal Procedure I‟ in project of this semester. Since the said

submission was „charge sheet report‟, now the same case will be tried by the

students in their submission. Documents to be submitted in „project‟ will be

compilation of documents prepared during trial as per facts & circumstances. For

further details, see Annexure I.

If a student has not submitted project work in Sem. V, he / she may work on the

topic selected by him / her during that semester. Necessary guidelines /

instructions in this regard are laid down in Annexure I.

Schedule – Project Work

Assignment

Mode of Assignment Submission Results

December

31, 2019

Topic undertaken in ‘LOC

II – Cr.P.C. I’, Sem. V will

be the topic for this

semester

January 31,

2020

February 10,

2020

16

B. Tutorial Mode & Schedule

There will be one tutorial of 20 marks. It will be „Open Book‟ examination.

Student will be allowed to bring any material in hard-copy. Material in soft-copy,

electronic items will not be allowed during tutorial. It will be „hypothetical

situation based‟ question type examination. It will give the students an

opportunity for assessing their learning of Law of Crimes Paper III. It should be

obvious that the better they are prepared to take part in such test, the more they

will learn from it and excel in both examination as well as understanding of the

course.

Schedule - Tutorial

Date of Tutorial February 24, 2020

Results March 06, 2020

Topic Topic I, II, IV & V

Banyan Tree Schedule

Two sessions of discussion for the purpose of preparation of Tutorial will be

conducted on „banyan tree‟ as per following schedule. The students participating

in the discussion through their comments / replies to the issue therein will be

given attendance of „one lecture‟. In case of any doubt / query in the subject,

students are advised to take the recourse of „banyan tree‟. Question / query /

doubt should be posted @ „banyan tree‟, course in-charge will reply it back.

Further, any other student may also participate in the discussion.


Sessions

Date of Uploading ‘query’

by the faculty

Last-date for uploading

reply by the students

Session I

January 17, 2020

@ 4 pm January 19, 2020

17

Session II

February 04, 2020

@ 4 pm February 06, 2020

C. Oral Pleading (Final Arguments) – Mode & Schedule

In this semester, third mode of evaluation will be Mock Trial. Each student will be

allotted case-file submitted by any other student. He/she will present oral

pleading for the purpose of evaluation. This evaluation will be made of 10 marks.

Allotment of schedule of „oral pleading‟ will be done at the time of allotment of

case file.

Allotment of Date of Oral Pleading: schedule of the „oral pleading‟ as booked

by each student will be uploaded @ curiosity portal on February 14, 2020.

Schedule – Mock Trial

Activity

Date

Allotment of Case-files

Div. A: February 11, 2020 @ 2 pm

Div. B: February 11, 2020 @ 2.30 pm

Div. C: February 12, 2020 @ 2 pm

Div. D: February 12, 2020 @ 2.30 pm

(Venue: class-room of respective Division)

Oral Pleading – Final

Arguments

Any given working day from February 12,

2020 to March 27, 2020

7. ADMINISTRATIVE ARRANGEMENTS & Contact Information

The Course-in-Charge for Law of Crimes Paper II: Code of Criminal procedures II is

Dr. Madhuker S.; Mr. Vikram Singh is Co-faculty. In case any student face any

problem in dealing with the subject, feel free to see the concerned faculty at

[email protected].

For any course related queries, students may meet the Course In-charge between 2

pm to 4 pm on Monday & Tuesday of the week for the topics covered by him;

students may meet the Co-faculty Mr. Vikram Singh between 2 pm to 4 pm on

Wednesday & Thursday of the week for the topics covered by him.


18

Annexure – I

Guidelines / Instructions – Project

Allotment of the Topic – Project (Case File of Criminal Trial)

There will be no formal allotment of the topic;

Student will carry forward the project topic of Sem. V. in course ‘Law

of Crimes II – Code of Criminal Procedure I’;

It means that title of the topic will be:

Trial of Mr. / Ms. ………………. u/s ……………

If any student has not submitted project in Sem. V, he / she may work

upon the Section selected by him / her during Sem. V. in said course;

In said case, he / she will have to submit a ‘hypothetical

situation’ on Section from I.P.C. that was allotted to him / her in

Sem. V in said course;

Hypothetical situation must conclude at submission of charge-

sheet report;

Above document must contain summary of evidences &

witnesses attached with the charge-sheet report;

Above process must be completed by January 15, 2020

Guidelines – Project Submission (Case File of Criminal Trial)

Since, in each given case, police has submitted charge-sheet report,

each student in his / her case will prepare case-file as is prepared in

any court-room;

Case-file will have written documents of trial in given case;

Following process of trial should be followed:

o Summoning of accused u/s 204 of the Code

o Order On Charge

o Summoning of P.Ws (prosecution witness), including victim, if

there is any

o Examination & cross-examination of prosecution witness

19

o Statement of the accused

o Written arguments from the prosecution side

It is important to mention here that student is not required to submit

any document from defense side;

o Hence, examination / cross-examination of defense is not

mentioned herein above.

Documents in the Project Submission

Project submission must have following documents:

Order on charge

Summon / Warrant of accused u/s 204 of the Code

Summon orders in name of two P.Ws

o There must be at-least two summon orders

Statement on Examination & cross-examination of one P.Ws (most

important P.W.)

Sec. 313 statement of accused

Written arguments on behalf of the prosecution side

Evaluation Criteria Project Submission

Document Marks Allotted

Order on charge 01

Summon / Warrant of accused u/s 204 of the Code

Summon orders in name of two P.Ws 01

Statement on Examination & cross-examination of one P.Ws (most

important P.W.)

Sec. 313 statement of accused

04

Written arguments on behalf of the prosecution side 04

Each document must satisfy requirement laid down under relevant Section /

Schedule of the Code.

20

Instructions – Project Submission

It must be a typed document;

Entries in pre-printed form, like, summons, etc., may be hand-written;

Total length should not exceed 2500 words

It must not be spiral-bound;

It must not be put in any hard-page file;

It must be stapled and may be put in transparent cover.

21

Annexure II

Guidelines / Instructions – Oral Pleading (Final Arguments)

Allotment of Case-file

Allotment of case-file will be done on February 11 & 12, 2020;

Case-file, i.e., project submission, submitted by students will be

exchanged within the same division;

It will be done from February 11, 2020 onwards;

This exercise will be done post-classes on February 11 & 12, 2020;

Guidelines in r/o Oral Pleading

Once the case-file is allotted, each student need to represent

prosecution side;

It shall be considered that proceedings @ court are conducted in

absence of the opposite party;

During oral-pleading, each student will be doing following:

Final arguments;

Arguments on sentencing.

Evaluation Parameters – Oral Pleading

Enactment / Exercise Marks Allotted

Opening Statement 01

Description of Facts in Brief 00

Laying Down Evidences 02

22

Closing Arguments (Conviction) 05

Closing Arguments (Sentencing) 02

Court Room mannerism, coherency in the arguments, giving reference to

page no. of the case file, & law points (with or without case law) will be

considered in above evaluation.

Instructions – Schedule of Oral Pleading

Oral-pleadings will be conducted from February 18, 2020 to March 27,

2020;

Slot for oral-pleading will booked as per following schedule:

Division A & B: February 03, 2020

Division C & D: February 04, 2020

On any working day, oral pleading of maximum 08 students will be

conducted;

It means that for any given working day, maximum 08 slots will

be booked;

If slot is available, oral-pleading may be given on the day of slot

booking;

Between February 18 to March 27, 2020, there will be more than 30

working days which means that more than 240 slots are made

available for ‘oral pleadings’.

Teaching Plan

INTERPRETATION OF STATUTES

Semester V

Batch 2017-22

Academic Year: 2019-20

By

Ms. Meera Mathew

Symbiosis Law School, NOIDA Symbiosis

International (Deemed University), Pune


1. INTRODUCTION

Interpretation is the art of finding out the true sense of an enactment by giving the

words of the enactment, their natural and ordinary meaning. The object of

interpretation of statutes is to determine the intention of the legislature conveyed

expressly or impliedly in the language used. Legislation being the significant source

of Law comes into being through “statute law”. As law is dynamic and due to

advancement of time words used in the statute, at times interpreting the same

would be difficult due to the ambiguity in the word used. By interpretation or

construction is meant, the process by which the courts seek to ascertain the

meaning of the Legislature through the medium of authoritative form in which it is

expressed. The foremost rule of the interpretation is that every part of the Statute

must be interpreted in a harmonious manner. The maxim A verbis legis non est

recendum means that “from the words of the law there must be no departure”. This

course is introduced with an endeavor to familirialize students who have

encountered statue law in a variety of contexts (criminal law, torts law,

administrative law etc. Besides, it helps learners to examine the relevant common

law principles in a more detailed manner.

The course will cover the following topics:

• The legislative process and its role in statutory interpretation, including

the role of extrinsic materials

• Approaches to the interpretation of legislation, including comparisons

with interpretation of contracts and treaties.

• Interpretation Acts and drafting conventions

• Extrinsic and intrinsic aids to assist in interpretation, including role of

legal assumption

• Remedial, penal and fiscal provisions

• Obligatory and discretionary provisions.

• Commencement and retrospective effect of legislation

• Consistency and contrariety of legislative provisions and legislation.


A. Knowledge

This course will be an introduction to constructs from words of a statute book, a

meaning which judge either believes to be that of the legislature or which he

proposes to attribute to it. The following could be summed as its objectives:

To locate, identify and be able to critically analyze relevant statutes,

statutory provisions and legislative instruments, as well as pertinent judicial

authority;

Interpret the appropriate provisions using the accepted tools and techniques

of statutory interpretation;

Apply statutory provisions to fact scenarios and communicate the

interpretation, nature and effect of statutory provisions to relevant

stakeholders, such as clients and courts.

B. Skills

The overall objective of this undergraduate course is to equip you with the following

set of skills: general cognitive intellectual skills; general


Cognitive

This course will demand that students have the capacity to demonstrate insight in

presenting materials drawn from a wide and sometimes contradictory range of

primary and secondary sources and doctrinal commentary; and to demonstrate an

ability to produce a synthesis of those materials that offers a personal and informed

criticism.

Employability

This course will demand that students have the capacity to be able to write and use

orally fluent and complex prose; using legal terminology with scrupulous care and

accuracy.

Subject Specific

This course will demand an ability to identify and select key relevant legal principles

and to apply that knowledge with clarity to difficult situations of significant legal

complexity; to analyze problems and to produce well-supported conclusions in

relation to them.

C. Outcomes

Two key skills will be highlighted by this course (a) case synthesis/problem solving

and (b) independent research. These skills will be central to your success in


Problem solving


number of cases. You will also be asked to use that knowledge to support your

answer to a number of hypothetical, factual or “problem” scenarios. In preparing

properly for tutorials, you will be preparing properly for the end of term

assessment.

Independent research/group work



approach or plan of action) and research (external legal and non-legal sources) of

the stated project. The coursework in question is deliberately broadly drawn, and is

designed to challenge you in this regard.

Final Outcome

Assessment is by compulsory examination (100% Internal) by the Symbiosis

International (Deemed University).

3. LECTURES




form of Power-Point slides, and relevant study/reading material will be made

available in „The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.

To facilitate understanding of these lectures, students should always read at least


In addition to regular classes, two Banyan Tree sessions will be conducted which

will form part of attendance as well. Please refer to the Banyan Tree Sessions

schedule as given under Tutorial-Mode and Schedule.

We will be expecting your response/ answer/ reply within stipulated time given.

Those, who will respond/answer/ reply within stipulated time given will be granted

attendance for one lecture each. This activity is compulsory for all and

attendance so granted will form part of the total attendance.





study.”

B. Notifications:

Learners are informed that notice/s, if required, with respect to Academic


Coordination will be sent using „Owl@Curiosity‟. No notifications will be published by

either Course-in-Charge/Faculty-In-Charge, Academic Coordination or Learner

using „Library@Curiosity‟. You are required to keep yourself duly informed

C. Lecture Outline

Week 1

3.7.2019

Teaching Plan: Introduction

Week 2 8.7.2019

Meaning of statutes, Decision making and statutory interpretations in Judgments

Week 3

15.7.2019

Judicial Process- Historical, Sociological and Philosophical

reasoning

Week 4

22.7.2019

Why interpret? The need for interpretation, why original intent is important.

Week 5 29.7.2019

Text and meaning; expression, purpose and intent;

Pragmatism in interpretation

Week 6 5.8.2019

Rule of strict Interpretation (Tax and penal statutes)

Week 7

12.8.2019

Rule of purposive construction: Construction ut res magisvaleat quam pereat

Week 8 19.8.2019

Literal construction, Golden rule and Mischief rule of

interpretation with case laws

Week 9

26.8.2019

Holistic reading of statues

Week 10

2.9.2019

Internal Aids- preamble, title, heading, marginal notes, punctuation, illustrations, definitions, proviso, explanation

Week 11 9.9.2019

Interpreting „non obstante clause‟

Week 12

16.9.2019

External Aids- Parliamentary History, HistoricalFacts and Surrounding Circumstances, Later Scientific Inventions,

Reference to other Statutes (pari materia) and use of Foreign Decisions

Week 13

23.9.2019

Principle of ejusdem generis and Nocitur a sociil

Week 14 30.9.2019

Questions of impracticability in light of the nature of

legislative history.

Week 15

7.10.2019

General Clauses Act

Week 16 14.10.2019

General Clauses Act

Week 16 21.10.2019

Revision




A. Books:

1. Dhanda, Amita, N S Bindra's Interpretation of Statutes 12th Edition, Lexis

Nexis publishing., 2017

2. Sarathi, vepa P Interpretation of Statutes. 4th ed. Lucknow: Eastern Book

Company, 2008

3. Singh, Avtar. Introduction to Interpretation of Statutes, 4 th edition. Lexis

Nexis India, 2014.

4. Kafaltiya, A.B. interpretation of Statues Universal Law Publishing Company

2012.

5. Shukla. V.N and M.P. Singh Constitution of India 15 th ed. Lucknow: Eastern

Book Company, 2014.

6. Maxwell , Interpretation of statutes, Vol II, 12th edition, P. St. J Langan,

Lexis Nexis Butterworth, Wadhwa Nagpur, 1969

7. Gandhi B.M. and Kulshreshtha V.D., Landmarks in Indian Legal and

Constitutional History, Lucknow, Eastern Book Company, 2011.

8. Alexy Robert, Argument from Injustice: A Reply to Legal Positivism, New

York/ Oxford University Press, 2010.

9. Denning Alfred, Changing Law, New Delhi/Universal Law Publishing Co. Pvt.

Ltd., 2010.

10.Jain M.P., Outlines of Indian Legal and Constitutional History, New

Delhi/LexisNexis Butterworths Wadhwa Nagpur, 2009.

11.Sen, Amartya The Idea of Justice, Penguin Allen Lane, 2009.

12.Allen C.K., Aspects of Justice, Universal Law Publishing Co. Pvt. Ltd., Delhi ,

2009.

13.Raz, Joseph, Authority of Law: Essays on Law & Morality, New York/ Oxford

University Press, 2009.

14.Friedmann W., Law in a Changing Society, Universal Law Publishing Co. Pvt.

Ltd., Delhi, 2008

15.Willaims, Glanville Learning the Law, 11th Edition, 2007.

16.Bhatia, K L. Textbook on Legal Language and Legal Writing (Universal Law

Publishing 2016)

17.Twining William and Miers Davis, How to do Things with Rules,

London/Weidenfeld and Nicolson, (1976)

(B) Prescribed Legislations

The Constitution of India, 1950

Indian Penal Code, 1860

Criminal Procedure Code, 1973.

The Indian Evidence Act, 1872

The Code of Civil Procedure, 1908

The Indian Contract Act, 1872

The Companies Act 1956

Transfer of Property Act 1882

Arbitration and Conciliation Act, 1996

Note:

The above list is indicative and not exhaustive.

Earlier editions of a number of the above texts might also be

available and can be consulted once account is taken of their


These text were selected because they provide in one volume a combination of

text, cases and materials, designed to be read as a whole i.e., a “one-stop shop”.


more than this, and you will undoubtedly benefit from undertaking some reading

and study of your own. A good resource to use is the Legal theory and

Jurisprudence section of Symbiosis Law Library and online databases such as

Manupatra, Lexis-Nexis, Hein-online, Emerald, Ebrary, Westlaw, Kluwer

Competition Law, International Taxation, Ebsco‟s, JSTOR, SCC Online, Kluwer

Arbitration, Journal of Moral Education, Kluwer Patent Law, Web of Science,

SCOPUS, & Global Business Review.

Note: Learners will be provided reading materials one week before the class

through library@curiosity and notified through OWL. These articles and reading

materials will constitute important part of the reading material

5. ASSESSMENT:

Internal Assessment: Internal examination will be conducted for 50 marks. It will

include:

A. First Internal Assessment – Project (Long-Term Paper) (10 Marks)

B. Second Internal Assessment – Tutorial (Open Book Examination) (20

marks)

C. Third Internal Assessment – Learning & Log-Diaries (20 marks)


A. Project-mode and Schedule

Project (10 Marks) is aimed at improving the originality of writing, research,

analytical and communication skills to make student‟s learning, academically more

challenging and rigorous than standard lecture and test format courses. As a part of

project, the learner is expected to choose a legal documentary by 04-07-2019 to

the Course-in-Charge through google drive. The list be finalized by 05-07-2019 and

on the same day it shall be uploaded in library@curiosity. Detailed guidelines will

again be explained in class along with the assignment of the topic. The learner is

expected to analyze the documentary on a legal theme and write 3000 words

paper/article on the same interpreting the different facets of legal matrix perceived.

The paper/ article shall include:

Introduction : Name of the documentary – The theme and objective it

aimed at; (550 words)

Three main perceptions: Issues/questions that the documentary focused

according to you; (700 words)

Views of the learner along with the review of literature: Interpret the

chosen documentary in the light of philosophy or law applied (1200 words)&

Conclusion (550 words).

The word limit has to be strictly adhered and any form of plagiarism is not allowed.

As per the Anti-plagiarism policy, all projects shall be subject to plagiarism check

vide the „Turn-it In‟ software. Project/s with more than 15% plagiarized content

shall be marked „zero‟. The submission of the project is to be only stapled copy and

not Spiral Binding or plastic covers. Printing is to be done on both sides. No

handwritten submissions shall be taken. The cover page template is annexed with

this document (Refer to Annexure A). Ensure the timely submission. Late-

Submissions will invite negative marking of 02 marks per day.

Project Schedule

Assignment Date 4/7/2019

Submission Date 13/8/2019

Result 20/8/2019

The time and venue for the submission shall be notified through Owl@curiosity

B. Tutorial and Schedule

There will be one tutorial of 20 marks. There will be minimum two questions of

10 marks each. The tutorial will be “Open Book Test”.i.e. examinees are allowed

to bring and use any material including Books, Articles, Hand Written Notes, and

alike printed material. It does not include use of any electronic gadgets,

machine or alike material.

Tutorial Schedule

Tutorial

Date

Result Date Topic

3/9/2019 10/9/2019 I- How judges decide? The method of

philosophy; the method of sociology. Why to interpret? why original intent is

important II- Internal and External Aids of

Interpretation

Banyan Tree Discussion:



attendance so granted will form part of the total attendance. Both these sessions

are COMPULSORY for all learners. Your quality response/answer/reply within

stipulated Date and Time allotted should be submitted. Those, who will

respond/answer/reply within stipulated Date and Time allotted, will be granted

attendance for „One Lecture‟. No response from a learner will result in absentee of

the said learner. Please remember attendance so granted for the session/s will form

part of the total lectures and thus attendance.


Session Begins Ends Attendance

I

August 02, 2019

@ 8:00pm

August 04, 2019

@ 8:00pm One Lecture

II August 22, 2019

@ 8:00pm

August 24, 2019

@ 8:00pm One Lecture

The preparatory sessions of tutorial will give you an opportunity for assessing the

learning of the subject. It will also provide you with an opportunity to develop

written skills of presentation and reasoned argument. In order to achieve the two

stated skills objectives – presentation and problem solving skills; one tutorial is

scheduled in this semester.

C. Learning Logs/Diaries and schedule Learning

Logs/Diaries (20 marks) will give the learners an opportunity to get acquainted with

their inner selves and understand critical issues causing hindrance in personality

development and also develop an essay in the form of a biography. The third mode

of internal assessment for the learners for this course shall be maintaining learning

log diaries (20 marks). Learning Log diaries will give the learners an opportunity to

get themselves updated with the recent Supreme Court and various High court

judgments. The learners shall develop the skill of making detailed notes of the

judgments which will further help them to have better understanding of the

interpretation laws used in the said judgment. The learners are required to

select any four judgments passed by i. USA, ii. Any Civil Law Nation iii.

South Africa or Australia iv. Any Indian High Court Judgment from January,

2000 to August, 2019 within the scope of prescribed legislations as

provided under 4(B) of the this teaching plan. Further learners are

supposed to examine them with the interpretation on the basis of what

rule had been applied. Each learner is required to submit the diary to the course-

in charge on the regular basis. The notification for the same shall be provided to the

learners through Owl@Curiosity.

The learners are required to prepare each case analysis as per the following

headers: (evaluation of each case analysis)

Name of the case/Name of the Court/ details of the Bench/What stage the

case is (0.5 mark)

Interpretation of statute/ rule applied with own analysis (2 marks)

Connecting the case with rule and learners‟ critical or comparative analysis

(1.5 marks)

Conclusion with suggestions (1 mark)

Hence, all the four cases shall be evaluated out of 5 marks each totaling upto 20

marks. Apart from the above criteria, learners shall be over-all evaluated on the

basis of their punctuality i.e timely submission of the learning log diaries, clarity of

thoughts, knowledge of the course and application of concepts.

Submission Guidelines:

The learning log diary maintained by the learner shall needs to be printed. No

hand written submission is permitted.

Word Limit of the each case chosen to interpret should not exceed 600

words.

No Spiral Binding/plastic covers only stapled copy.

Printing to be done on both sides. (A4 sheets)

Plagiarism report to be attached by the learners (Max. limit – 15%)

There will be negative marking (02 marks) for late submission of the project

by the learner after the prescribed date of submission.

No submission will be accepted after 14/09/2019 under any

circumstances.

Submission of Learning Log Diary

Division/s Submission

Date

Result Date

A,B,C,D 12/09/2019 30/09/2019


The course in charge for Interpretation of Statutes is Ms. Meera Mathew. Should

you have any problems with your work, please see your course in charge in the first

instance.


If doubts remain, please get in touch at [email protected] .

************************BEST WISHES************************


Appendix „A‟ – Front page and Cover

Title of the project (centred on two or more lines)

----------------------------------------------------------------------------

--------------------------------------------------------------

----------------------------------------------------

Submitted by


----------------------------------------

Division …. Roll No……..Class….. of


International (Deemed University), Pune

In

Month, year


Name of guide

-----------------------------------


------------------------------------------------------------

--------------------------------------

Teaching Plan

COMPANY LAW

Semester V

(Batch 2017-22)


BY

Rajnish Jindal

&

Sonakshi Kumar


Symbiosis International (Deemed) University, Pune


2

1. INTRODUCTION

Company Law is the collection of various legal aspects that govern the formation, running

and winding up of a Company. The Companies Act 2013 is about improving corporate

governance which revolves around the Board of Directors, Senior Management of the

Company, their roles, responsibility and accountability, Rights and equitable treatment of

stakeholders, prompt disclosures, transparency, the legal and regulatory compliances and

appropriate risk management measures to protect and enhance interest of all stakeholders.

The objective behind teaching the “Company Law - I” is to benefit the students with

comprehensive and holistic knowledge of Company Law. The subject introduces the students

to the company law jurisprudence – the Corporate Model of doing a sustainable business in

this competitive market environment. The recently enacted Companies Act 2013 (the „2013

Act‟) is a landmark legislation and is likely to have far-reaching consequences on all

companies operating in India. While a part of the 2013 Act has already become effective, the

Rules are also effective for the sections which have been implemented. This important

legislation, that has been in the making for over 10 years, started off as an effort in 2004 by

the then government to make changes in Indian corporate law in the context of the changing

economic and business environment and to make Indian corporate environment more

transparent, simple and globally acceptable.

Since then, as this legislation has taken final shape, it has been influenced significantly by

other recent developments in the corporate sector, especially those where stakeholder

interests seemed to be compromised. The erstwhile Companies Act 1956 (the „1956 Act‟),

which had been in existence for over fifty years, appeared to be somewhat ineffective at

handling some of these present day challenges of a growing industry and interests of an

increasing class of stakeholders. Learning from these experiences, the 2013 Act promises to

substantively „raise the bar on governance‟ and in a comprehensive form purports to deal

with relevant themes such as investor protection and fraud mitigation, inclusive agenda,

auditor accountability, reporting framework, director responsibility and efficient restructuring.

The students will learn evolution and benefits of the concept of `Corporate‟ form of social and

economic activity, incorporated business associations, steps and procedures of formation,

constitution and powers of the Company and Directors and other Actors. Mechanisms of

mobilization of resources from public or private by Companies besides Indian Banks (which

are generally not a Company) and Financial Institutions, historical significance thereof, will be

an interesting turning point of company law jurisprudence. Concept of borrowing of moneys

by a Company, creation and perfection of a security in favour of the creditor will also provide

the students to a spectrum of corporate activities. It is increasingly being recognized that the

3

framework for regulation of corporate entities has to be in tune with the emerging economic

scenario and ICT (information and communication technology) driven business environment,

encourage good corporate governance and enable protection of the interests of the Stake

holders. The students will be exposed to new Companies Act, 2013 and also the provisions

which have been enacted along with recent changes in the Act.


A. Knowledge

The main aim of the course is to expose the students to a learning platform of Company Law

in the “sovereign vacuum” created by gradual withdrawal of the Central in Government from

many areas of corporate operation and entrustment of the same to Regulator. In these

dynamic market-centric economic activities, the basic principles guiding the operation of

corporate entities from incorporation to winding is a single, comprehensive, centrally

administered frame work. The predominant intent of this subject paper is to provide the

students of law a strong foundation of dynamics of Company Law and expose them to the

realities of changing economic legislations.

B. Skills




Cognitive

Company Law - I will demand that students to generate cognitive skills i.e. have the capacity

to demonstrate insight in presenting materials drawn from a wide range of primary and

secondary sources and doctrinal commentary; and to demonstrate an ability to produce a


Employability

Company Law I will demand that students have the capacity to be able to write and use orally

fluent and complex prose; using legal terminology with scrupulous care and accuracy.

Subject Specific

Company Law - I will demand an ability to identify and select key relevant issues and to apply

that knowledge with clarity to difficult situations of significant legal complexity; to analyse


4

C. Outcomes

Two key skills will be highlighted by this course (a) problem solving and (b) independent

research. These skills will be central to your success in completing this course‟s scheme of

assessment.

Problem solving

During the classes and for preparing for the tutorials, you will be required to use the use the

knowledge gained in the class, self-study and common understanding to support your

answer to a number of hypothetical, factual or “problem” scenarios. In preparing properly for

the class and for the tutorials, you will be preparing properly for the end of term assessment.



independent learning i.e., the ability to take initiative in the design (individualised approach

or plan of action) and research (external legal and non-legal sources) of the stated project.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External= 100%)

under the auspices of the Symbiosis International University.

3. LECTURES


Three lecture times have been set aside for this course for each group. Verify it from the

timetable assigned for each division. Relevant material for the next lecture or for answering

the questions posted on Banyan Tree will be made available in „The Library‟ on „Curiosity‟

Portal at https://slsnoida.curiositylive.com. In addition, Session Plan/Course Material will be

also be provided containing Suggested Reading such as Books; Journal Articles and cases as

decided by Judiciary related to the course.

As per Symbiosis International (Deemed University Regulations), please note, “Students



You are notified that two online sessions with the help of „Banyan Tree @ Curiosity‟ will be

conducted for Tutorial. We will be expecting your response/ answer/ reply within stipulated

time given. Those, who will respond/answer/ reply within stipulated time given will be

granted attendance for one lecture each. This activity is compulsory for all and attendance

so granted will form part of the total attendance.

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required attendance. The Students can update themselves of their attendance daily online in

„Attendance‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.

B. Lecture Outline

Week -01

July 3, 2019

Lecture 1- Teaching Plan


Lecture 3 Syllabus Preview

Week -02

July 8, 2019

Topic 1: Introduction to Companies and Company Jurisprudence

Lecture 4 - Business Models

Sole Proprietorship

Partnership

Companies

Lecture 5 - Company as favoured form of business

Lecture 6 - Different stakeholders in a company and their interest

Week-03:

July 15, 2019

Topic 1: Introduction to Companies and Company Jurisprudence

Lecture 7 - History of the Company legislation – UK

Lecture 8 - History of the Company legislation – India

Lecture 9 – Overview of the Companies Act, 2013 with special

emphasis on the paradigm conceptual shift from CA 1956

Week – 04:

July 22, 2019

Topic 2: Corporate Personality

Lecture 10 - Features of a corporate personality

Lecture 11 - Doctrine of lifting the corporate veil

Lecture 12 - Doctrine of lifting the corporate veil

Week -05:

July 29, 2019

Topic 3: Formation of a company

Lecture 13- Promotion

Lecture 14 – Types and Forms of Company

Lecture 15 – Documents to be prepared

Week -06:

August 5, 2019


Lecture 16 – MoA, Clauses and their significance

Lecture 17 – AoA, Declarations and other documents

Lecture 18 – Doctrine of Ultra Vires, Constructive Notice, Indoor

Management

Week -07:

August 12, 2019


Lecture 19 - Effect of Registration of MoA and AoA

Lecture 20 - Effect of Registration of Company

Lecture 21 - Commencement of business


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Week -08:

August 19, 2019

Topic 4: Formation of Capital

Lecture 22 – Kinds of Share Capital

Lecture 23 – Variation of rights of shareholders

Lecture 24 – Reduction of Share Capital

Week-09:

August 26, 2019


Lecture 25 – Forfeiture and surrender of shares

Lecture 26 – Kinds of Debentures

Lecture 27 – Nomination of securities

Week-10:

September 2, 2019


Lecture 28 – Allotment and Listing of securities

Lecture 29 – The depository system and dematerialization of shares

Lecture 30 – Transfer and transmission of securities

Week 11:

September 9, 2019


Lecture 31 – Forfeiture and surrender of shares

Lecture 32 – Membership in a company

Lecture 33 – Public Deposits

Week -12:

September 16, 2019

Topic 5: Securities Offer Documents

Lecture 34 – Further issue of Share Capital

Lecture 35 – Registration of Prospectus

Lecture 36 – Issue of Prospectus

Week -13:

September 23, 2019

Topic 6: Securities Offer Documents

Lecture 37 – Penalties for misstatement in prospectus

Lecture 38 - Global Depository Receipts

Lecture 39 - Indian Depository Receipts

Week-14:

September 30, 2019

Topic 6: Divisible Profits and Dividends

Lecture 40 – Concept of profit and divisible profits

Lecture 41 – Kinds of Dividend and their declarations

Lecture 42 - Kinds of Dividend and their declarations

Week-15:

October 7, 2019

Topic 7: Registration of Charges

Lecture 43 – Secured Borrowings

Lecture 44 – Mortgages and Charges

Lecture 45 – Fixed and Floating Charges, Registration and Perfection

of Charges

Week-16:

October 14, 2019


Lecture 47- Course Review


Week -17:

October 21, 2019



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*The schedule is for guidance only and is subject to change/s due to

unforeseen/unavoidable circumstances. There are certain topics which need more

lectures and analysis which shall be duly carried out.


Readings:

1. Dr. Avtar Singh : Company Law; Eastern Book Company, Lalbagh, Lucknow

2. C.R. Datta : Datta on the Company Law; Lexis Nexis, Butterworths Wadhwa, Nagpur

3. A. Ramaiya : Guide to the Companies Act; Lexis Nexis, Butterworths Wadhwa, Nagpur

4. K.C. Garg, R.C. Chawla, Vijay Gupta : Company Law; Kalyani Publishers, Ludhiana

5. A.K. Majumdar, Dr. G.K. Kapoor, Sanjay Dhamija : Company Law and Practice; Taxmann

6. D.K. Jain : Company Law Ready Reckoner; Bharat Law House Pvt. Ltd.

7. R. Suryanarayanan : Company Law Ready Reckoner; Commercial Law Publishers, Delhi

8. L.C.B. Gower : Principles of Modern Company Law; Stevens & Sons Ltd., London.

9. Taxmann‟s : Circulars & Clarifications on Company Law; Taxmann, New Delhi

10. Bare Act : Corporate Laws; Taxmann, New Delhi

Prescribed Legislations

Companies Act, 2013 has been enacted along with Rules. Each chapter has its own rules (29

chapters and 29 chapter rules) and most of the act is in the form of rules only. The Act is

future oriented as the rules can be modified at any point of time.

Note:


Earlier editions of a number of the above texts might also be available and can be

consulted once account is taken of their datedness, particularly as to applicable case law.

These texts were selected because they provide in one volume a combination of text, cases

and materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text

provides the basic reading for the course only. There is much more to the Company Law - I

than this, and you will undoubtedly benefit from undertaking some reading and study of your

own. It is creditable if you, in respect of the proper use of independent research and study,

follow up in the Law Library some of the case references, periodical articles or other material

referred to in the prime textbook or in class – or even to do some research of your own.


online databases including SCC Online, Manupatra, Lexis-Nexis, Hein-online, Emerald,

Ebrary, Westlaw, Ebsco‟s, CLA, JSTOR, SCC Online, Web of Science, SCOPUS, Pearson, &

Global Business Review.

8

5. ASSESSMENT:

You will be examined in this course by Internal (40%) and External Assessment (60%) format

as follows:




C. Mode of Third Internal Assessment – Case-Analysis - (10 marks)

External Assessment: The external written examination will be of 60 marks. It consists of ten

objective-type (2 marks each = 20 marks) and 4 subjective-type/cases and open

problems/questions (10 Marks each = 40 Marks) with an alternative question in each four

questions.

6. INTERNAL ASSESSMENT : MODE AND SCHEDULE

A. Project (Long-Term Paper) Mode and Schedule

Project (Long Term Paper) is aimed at improving the writing, research, and communication

and presentation skills to make students learning academically more challenging and

rigorous than standard lecture and test format courses. It also aims at promoting scholarship

in this significant field of law, which has gained much momentum in practice but often lacks

solid theoretical underpinnings due to lack or inadequacy of statutory provisions. It further

aims to enhance learning capability by research amongst the learners, creative a forum for

enhancing a greater dialogue between the scholarly community, policymakers and

practitioners.

The learner shall be writing an article/long-term paper of not more than 2500 words on a

given particular topic of Company Law-I which shall be duly allotted by the course-in-charge

to each learner. The evaluation pattern for the same will be based on written submission.

Every learner is required to submit research project as per the format as laid in teaching plan.

The project topics will be uploaded at the portal as per schedule. Learners may discuss

regarding the same with me during first 7 days of the allotment the topics.

Project –Submission – Guidelines:

i) Learners are required to submit one hard (not bound) copy of the Project to the

Course-in-charge on the date of submission and soft copy will be mailed on my email

id at [email protected] by the date of submission. Project will be evaluated out of


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10 marks.

ii) Word Limit (Not more than 2500 words).

iii) No Spiral Binding / plastic covers, only stapled copy.

iv) Printing to be done on both sides.

v) Plagiarism report to be attached by the learners (Max. Limit without applying any

exception – 15-20%).

vi) Font: Times New Roman only, with main heading font size 14 and rest 12 with proper

indenting and margins.

vii) No handwritten submissions shall be taken.

viii) Please ensure the timely submission. In case of late submission of hard copy, penalty

of (-2) marks will be applied. Also, the soft copy submission is important. In case of

non-submission or late submission of soft copy will also entail for (-2) marks.

ix) The Article submission shall include the following headers:

a. Abstract

b. Introduction

c. Relevant Chapters

d. Conclusion

e. References

x) Criterion for Assessment

Project Submission Schedule:

Assignment Final Submission Result

4th July, 2019 7th August, 2019 14th August, 2019


The tutorial will give you an opportunity for assessing your learning of course. It should be

obvious that the better you are prepared to take part in such test, the more you will learn

from it and excel in examination as well as understanding of course. Tutorial also provides

you with an opportunity to develop written skills of presentation and reasoned argument.

Criterion Understanding

of the topic

Critical analysis / addition

in the stock of knowledge /

originality

Style of

presentation/writing,

Quality of foot notes etc.

Emphasis 30% 50% 20%

10

Lack of preparation and a fortiori non-attendance will mean that you will fail to make the

most of the learning opportunities provided by these tutorials. In order to achieve the two

stated skills objectives i.e. Presentation and problem solving skills, one tutorial is scheduled in

this semester.

There will be one tutorial examination, compromising of “Written Test” of 20 marks (10 x 2

questions). It will be an Open Book Examination. Examinees are allowed to bring and use any

material including Books, Articles, Hand Written Notes, Hand Outs and alike printed material.

It does not include use of any electronic gadgets, machine or alike material.

Tutorial Timetable:

Tutorial (20

Marks)

Date

Topic

Test Result

28th August, 2019 6th Sept., 2019

1, 2, 3 & 4

(As per lecture plan)

Banyan Tree Schedule:

Discussion on Banyan Tree: To understand the method, two online sessions (situation based)

with the use of BanyanTree@Curiosity, will be conducted before the tutorial examination.

Both these sessions are COMPULSORY for all learners. Your quality response/ answer/ reply

within stipulated time given should be submitted. Those, who will respond / answer / reply

within stipulated time given, will be granted attendance for one lecture. This activity is

compulsory for all and attendance so granted will form part of the total attendance.

Banyan Tree Posting schedule

First Session

Second Session

Date of Uploading „Cases and

Open problem/question‟‟ by the

faculty

July 26, 2019

@ 4:00 PM

August 14, 2019

@ 4:00 PM

Last-date for uploading reply by

the students

July 28, 2019

@ 4:00 PM

August 16, 2019

@ 4:00 PM

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C. Case Analysis: Guidelines and Schedule

The third assessment shall be case analysis. Cases will be allocated by the course in-

charge on 10th July, 2019. Each case will be allocated to two learners, and different issues

on the same case will be explored by the learners as per instructions of the course in-charge.

Further guidelines along-with finalized case-list on this mode will be shared by the course-in-

charge in class. It will be shared @ library as well on 10th July, 2019.

Schedule – Case Analysis

Allotment of Case Submission Date Date of Result

10th July, 2019 11th September, 2019 30th September, 2019

Criteria of Assessment for case-analysis:


The Course in Charge for Company Law – I is Mr. Rajnish Jindal and Ms. Sonakshi Kumar is

co-faculty. In case of any problem with your work, please see your course-in-charge in the

first instance. Notices relating to the course will be posted online at the portal.


If few doubts remain, please contact me via e-mail at [email protected]. Please do

speak up during this class! I want each of you to glean as much from these readings and our

discussions as possible. This is why I am not relying on the traditional method of testing.

Remember that there is no such thing as a "stupid question", provided it is relevant to the

subject matter. I welcome your questions and your comments.

============================

Factual

Background

Question of

Law

Answered by

the Court

Reasoning

Behind the

Question of

Law

Any other

judgement on

the same

question of

law

Coherency

in the

submission

Marks 01 02 03 02

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1

TEACHING PLAN

PUBLIC INTERNATIONAL LAW

SEMESTER VII

(BATCH 2016-21)

ACADEMIC YEAR 2019-20

By

Dr. C.J. Rawandale

&

Mr. Saiprasad.R.G.

SYMBIOSIS LAW SCHOOL, NOIDA

SYMBIOSIS INTERNATIONAL (DEEMED

UNIVERSITY), PUNE

(JULY 2019 – OCTOBER 2019)

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1. INTRODUCTION

Public international law is traditionally defined as the “structure and rules” that govern

relationships between and among states. The notion and concept of state is fundamental in

traditional approaches and later approaches to international law. This view is held in response

to the post Westphalia growth of nation states, and the establishment of the concept of

sovereignty of the nation state. With this, the concern of traditional international law was

restricted to diplomatic relations, sovereign immunity and treaty making, all worries rooted in

maintaining peace in Europe. Colonisation was to have an impact on the status of states, it

was not until after the Second World War that colonies outside of Europe and Northern

America were accorded status as equal sovereigns (this was accomplished only after a great

deal of struggle by the colonies against the colonization program).

Contemporary/ modern view of international law does not restrict itself to merely the rules

that are to determine relationships between states, but also incorporates ideas of a more

democratic ordering of international law (for instance the incorporation of rules meant for

protecting individual rights against abuse by states). However, there remains a general

agreement among scholars and writers that “state and sovereignty” have retained and will

continue to retain their significance in international law structuring.

There has been a shift from the traditional state centric approach, with the proliferation of

nation-states outside of Europe, coupled with the growth of international institutions and the

need to protect individuals from state and non-state actors. Liberal globalization has had the

effect of creating new set of entities that are competing with traditional state actors for

recognition on an equal footing.

The 20th

century brought along several other uncertainties beginning with the two major wars

that were to shape the formation of international institutions with specific global mandates.

The United Nations and its predecessor were mandated with keeping peace albeit with

different set of strategies. Despite initial nerves the United Nations has had an impact on

certain areas of international law. The General Assembly has provided the basis for the

“progressive promotion and codification” of international law. Deriving power from the UN

Charter the General Assembly created the International Law Commission; the Commission

has been actively participating in the codification of international law. The International

Court of Justice has played a tremendous role in articulating and interpreting international

law as distinct from municipal/domestic law. At the regional level the European Court of

Justice and the European Court on Human Rights have established themselves as key actors

in the development of supranational jurisprudence. The experiments with ad hoc

international tribunals (ICTR, ICTY, Special Court for Sierra Leone, Cambodia, East Timor)

to prosecute offenders for grave crimes (genocide, war crimes and crimes against humanity),

has yielded us a permanent international court the International Criminal Court (India is not a

signatory to the Rome Statute).

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Besides the century gone by and the one we are living through, have seen a proliferation of

treaties and conventions both bilateral and multilateral, emphasizing the entrenchment of

certain methods for creating obligations among states.

The 21st century has brought along with it several other concerns that scholars are trying to

grapple with, for instance climate change, terrorism and role of regional bloc‟s etc.

From the point of view of a student, there is great deal to be optimistic about, societies have

practically come up in all major cities of the world, that are working towards dissemination of

international law (many offering extension courses, seminars, conferences and research

opportunities to students interested in international law). Most inter-governmental

organizations have their offices in all major cities of the world, providing access to students

for internship opportunities. The importance and prestige of winning the Jessup‟s (organized

by the International Law Students Association), Manfred Lachs and the Henry Dunant moot

competition is not lost on students of international law. With all this is in mind the course on

international law cannot navigate the entire length and breadth of the subject, but will try to

focus on some central and some peripheral modules (with emphasis on interaction).

2. LEARNING OBJECTIVES (KNOWLEDGE, SKILLS AND OUTCOME)

A. KNOWLEDGE

Aims of the course: this course provides students with an overview of international law. The

course seeks to focus critically on international law its evolution, theory and practices. The

course is designed to expose students to the various debates, scholars, approaches, institutions

and the evolving nature of international law. It also tries to locate the position of India in

international law.

At the end of the course, students should be able to

a. Understand the basic concepts of international law and its departure from and integration

into municipal law

b. Students should be able to appreciate the nuances inherent in the rules of international law

c. Students should be able to locate the workings of legal methods, material and formal

sources developed within international law

d. Students should be able to identify the workings of major declarations, treaties,

covenants, resolutions of international institutions

e. Students should be able to research and find international law materials and be able to

construct and advocate effective legal and policy arguments

B. TEACHING METHODOLOGY

Lecture and class room discussions will be primary pedagogical tools. Students will be

required to read the assigned reading material and prepare a short comment before each class.

Case studies will also be used extensively to enhance learning. In appropriate situations films

and documentaries will be screened to supplement the traditional modes of instruction.

Students will be encouraged to read extensively on the subject.

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C. FINAL OUTCOME

University Assessment is by compulsory coursework examination (100%) (Including

Internal Assessment 40% and External Assessment 60%) by the Symbiosis International

(Deemed University).

3. LECTURES OUTLINE

A. TIMES AND ATTENDANCE


timetable assigned for each division. Verify it from the timetable assigned for each division.


part of attendance as well. Please refer to the Banyan Tree Sessions schedule as given under

Tutorial Mode and Schedule.

Lecture outlines, principally in the form of relevant study / reading material will be made

available in „The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com. To




expected to attend minimum 75% of all scheduled sessions and other forms of instruction as




Attendance on Curiosity Portal at https://slsnoida.curiositylive.com.

B. NOTIFICATIONS

Students are informed that notice/s, if required, with respect to academic-administration,

either by Course-in-charge or Faculty-in-charge (Academic Coordination) will be sent using

„owl @ curiosity‟. Neither Course-in-charge / Faculty-in-charge (Academic Coordination),

nor students will publish any notification at „library @ curiosity‟. Students are required to

keep themselves duly informed.

C. LECTURE OUTLINE

Week 1

04/07/19

Topic I Introductory

Lecture 1 Teaching Plan

Lecture 2 Definition and nature of international law

Lecture 3 Definition and nature of international law

Week 2

08/07/19

Lecture 4 Development of international law

Lecture 5 Approaches to international law

Lecture 6 Sources of international law

Week 3

15/07/19




5

Lecture 9 Relations of international and national law

Week 4

22/07/19



Topic II; Law of the Sea

Lecture 12 Law of the Sea

Week 5

29/07/19

Lecture 13 History and development

Lecture 14 Law of the Sea UNCLOS 1982

Lecture 15 Territorial Sea, Contiguous Zone,

Week 6

05/08/19

Lecture 16 EEZ, Continental Shelf, International Sea Bed Authority

Topic 3; Law relating to Air Space

Lecture 17 Theories

Lecture 18 International Conventions

Week 7

12/08/19

Lecture 19 Freedom of Air; Aerial Hijacking Tokyo, Hague, and Montreal

Conventions relating to Outer Space

Lecture 20 Outer Space; Outer Space Treaty, 1967

Lecture 21 International Conventions relating to Outer Space; Indian Mission to

the Moon

Week 8

19/08/19

Topic 4; International Criminal Law

Lecture 22 Establishment of International Criminal Court

Lecture 23 Composition and Functions of International Criminal Court

Lecture 24 Establishment of International Tribunal for Rwanda and Yugoslavia

Week 9

26/08/19

Lecture 25 Establishment of International Tribunal for Rwanda and Yugoslavia;

Relevant Trials

Topic 5; New Economic Order

Lecture 26 Evolution and Development, Significance and Implications

Lecture 27 UN Charter and UN Declaration on the Establishment of New

International Economic Order: UNCTAD: Establishment of WTO General

Features

Week10

02/09/19

Topic 6; International Organisations and Specialised Agencies.

Lecture 28 Nature and Functions of International & Regional Organisations: Case

of EU

Lecture 29 Contributions of Specialised Agencies: ILO, WHO, IBRD

Lecture 30 UN Overview, International Court of Justice & Other Mechaisms of

International Dispute Settlement

Week11

09/09/19

Topic 7; Use of Force

Lecture 31 Introduction; UN Principles on the Use of Force

Lecture 32 Prohibition on Use of Force

Lecture 33 Military and Para Military Activities in and against Nicaragua

(Nicaragua v. United Nations)

Week12

16/09/19

Lecture 34 Humanitarian Intervention: A Brief Survey

Lecture 35 Legality of Use of Force: NATO‟s Action in KOSOVO

Lecture 36 Use of Force and Self-Determination

Lecture 37 Use of Force and Self- Defence

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Week13

23/09/19

Lecture 38 Legality of the Threat or Use of Nuclear Weapons

Lecture 39 ICJ Advisory Opinion, 1996

Week14

30/09/19

Topic 8; Disarmament

Lecture 40 The Problem of Disarmament

Lecture 41 UN and Regulation of Armaments Provisions of UN Charter

Lecture 42 Notable Treaties in the Field of Disarmament

Week15

07/10/19

Lecture 43 Role Played by Superpowers Towards Reduction or Elimination of

Arms Race

Lecture 44 Main Features of Comprehensive Test Ban Treaty (CTBT): Indian

Position

Lecture 45 Contemporary Challenges

Week16

14/10/19

Lecture 46 Course Review Topics 1-2



Week17

21/10/19


Lecture 50 Course Review


4. READING MATERIALS

The following list is merely indicative and not exhaustive.

Reading material and handouts will be made available.

ESSENTIAL READING

a. ALINA KACZOROWSKA, PUBLIC INTERNATIONAL LAW (2016).

b. JAMES CRAWFORD, BROWNLIE‟S PRINCIPLES OF PUBLIC INTERNATIONAL LAW, (8TH

EDN., 2012).

c. SHAW MALCOLM N., INTERNATIONAL LAW (2014).

SUGGESTED READING

ARTICLES

a. Abir Dasgupta & Paranjoy Guha Thakurta, The Vodafone Tax Saga and India’s

Arbitration Worries, News Click, July, 26. 2018.

b. Aldrich, „Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia‟,

American Journal of International Law, vol. 90 (1996), p. 64.

c. Alexia Fernández Campbell, The Problem With Only Letting In the 'Good' Immigrants,

The Atlantic, Oct, 11. 2018.

d. Anoo Bhuyan, 356 Officers Petition Supreme Court to Stop Prosecuting The Army for

Fake Encounters, The Wire, Aug, 14. 2018.

e. Arun Mohan Sukumar, How India Lost Its Way in the Study and Use of International

Law, The Wire, Apr, 02. 2018.

f. C. Raja Mohan, Farewell to South Asia, The Indian Express, Oct, 11. 2018.

g. David Kennedy, One, Two, Three, Many Legal Orders: Legal Pluralism and the

Cosmopolitan Dream, 31 N.Y. U. REV. L. & SOC. CHANGE 641, 641-42 (2007).

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h. James Thuo Gathi, Neoliberalism, Colonialism and International Governance:

Decentering the International Law of Governmental Legitimacy, 98 Mich L. Rev,

1996, pp 1999-2000.

i. John Harris, We Once Marvelled at Neil Armstrong, Now Space is a Playground for the

Rich, The Guardian, Oct. 18, 2018.

j. Micheal Safi, ICC says it can Prosecute Myanmar for alleged Rohingya Crimes, The

Guardian, Sept, 06. 2018.

k. Niels Petersen, „The International Court of Justice and the Judicial Politics of Identifying

Customary International Law’, EJIL (2017), Vol. 28 No. 2, 357–385.

l. Owen Bowcott, Oliver Holmes and Erin Durkin, John Bolton Threatens War Crimes

Court with Sanctions in virulent Attach, The Guardian, Sept, 10. 2018.

m. Philpott, Daniel, "Sovereignty", The Stanford Encyclopedia of Philosophy (Summer 2016

Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/cgi-

bin/encyclopedia/archinfo.cgi?entry=sovereignty.

n. Rebecca Ingber, If International Law is not International, What comes Next? On Anthea

Roberts, Is International Law International?, Boston University Law Review. 14 (2019).

o. Sanjoy Hazarika, Defining Citizenship Assam on the Edge Again, Vol 53 No 30 EPW 12,

12-13 (2018).

p. T. Khaitan, „NALSA v Union of India: What Courts Say, What Courts Do‟ U.K. Const. L.

Blog (24th April 2014) (available at: http://ukconstitutionallaw.org).

q. T.V. Paul, The Power of Non-Alignment, The Hindu, Oct, 11. 2018.

r. United Nations, Scourge of Genocide remains a ‘threat and a reality’ today: UN Human

Rights Chief, UN New, Sept, 13. 2018.

s. Yuthika Bhargava, Protect critical personal data of citizens: draft Bill, The Hindu, July,

27. 2018.

t. Faizan Mustafa, Who is a Citizen- in Assam, India?, The Indian Express, June, 06. 2018.

u. Richard Partington, What are trade tariffs and who will they affect?, The Guardian, July,

06.2018.

v. Scroll Staff, Four-year search for Malaysia Airlines flight MH370 ends, Scroll, May, 30.

2018.

w. UN News, Dutch Safety Board’s final report on flight MH17 crash in Ukraine welcomed

by UN, Oct, 13. 2015.

x. Upendra Baxi, A great Betrayal, The Indian Express, Dec, 11. 2017.

y. Trevor Timm, The future of American privacy rights will be defined this year, The

Guardian, Nov, 30. 2017.

z. Aranya Shankar, No avenue to seek recourse for those wrongly incarcerated: A P Shah,

The Indian Express, Nov, 27. 2017.

aa. PTI, U.N. General Assembly President holds consultations on ICJ elections, The Hindu,

Nov, 18. 2017.

bb. Saligram Bhatt, Inspiration to Humankind from Space Law and Science and Experience

in India, 35 J. Space L. 291, 312 (2009).

cc. Vladimír Kopal, Treaty On Principles Governing The Activities Of States In The

Exploration And Use Of Outer Space, Including The Moon And Other Celestial Bodies,

United Nations, 1,1-10 (2008).

https://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=sovereignty

https://plato.stanford.edu/cgi-bin/encyclopedia/archinfo.cgi?entry=sovereignty

http://ukconstitutionallaw.org/

8

dd. Tullio Treves, UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, United

Nations Audiovisual Library of International Law, 2008.

ee. Ahmed Mahiou, DECLARATION ON THE ESTABLISHMENT OF A NEW

INTERNATIONAL ECONOMIC ORDER, United Nations Audiovisual Library of

International Law, 2011.

ff. R.P. Anand, Attitude of the Asian-African States toward Certain Problems of

International Law, 15 Int‟l & Comp. L. Q. 55 (1966).

gg. UNCTAD secretariat, UNCTAD: A BRIEF HISTORICAL OVERVIEW.

hh. Anne Peters, There is Nothing more Practical than a Good Theory:1 An Overview of

Contemporary Approaches to International Law, 44 German Y.B. Int'l L. 25-37 (2001).

ii. Lorenzo Zucca, A Genealogy of State Sovereignty, 16 Theoretical Inq. L. 399, 399-422

(2015).

jj. Joost Pauwelyn, Bridging Fragmentation and Unity: International Law as a Universe of

Inter-Connected Islands, 25 Mich. J. Int'l L. 903 (2004).

kk. Pemmaraju Sreenivasa Rao, Multiple International Judicial Forums: A Reflection of the

Growing Strength of International Law or Its Fragmentation, 25 Mich. J. Int'l L. 929

(2004)

ll. Alona E. Evans, Self-Executing Treaties in the United States of America, 30 Brit. Y.B.

Int'l L. 178 (1953)

mm. C. Wilfred Jenks, The Conflict of Law-Making Treaties, 30 Brit. Y.B. Int'l L. 401

(1953)

BOOKS

a. A. AUST, MODERN TREATY LAW AND PRACTICE, CAMBRIDGE, CAMBRIDGE UNIVERSITY PRESS,

2000.

b. A. MCNAIR, LAW OF TREATIES (2ND ED., OXFORD, CLARENDON PRESS, (1961).

c. BEDERMAN, INTERNATIONAL LAW IN ANTIQUITY (2001).

d. BOURANTONIS, THE HISTORY AND POLITICS OF UN SECURITY COUNCIL REFORM (2005).

e. C. GREENWOOD, “THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW BY THE

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA”, IN MAX PLANCK

YEARBOOK OF UNITED NATIONS LAW, VOL. 2 (1998), HEIDELBERG, MAX PLANCK INSTITUTE

FOR COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW, P. 97.

f. C. Q. CHRISTOL, THE MODERN INTERNATIONAL LAW OF OUTER SPACE, NEW YORK, PERGAMON

PRESS, 1982 (PARTICULARLY CHAPTER 2, P. 12).

g. DUPUY, IN CRAWFORD, PELLET & OLLESON (EDS), THE LAW OF INTERNATIONAL

RESPONSIBILITY, (2010).

h. E. VIERDAG, “THE INTERNATIONAL COURT OF JUSTICE AND THE LAW OF TREATIES”, IN: V.

LOWE & M FITZMAURICE (EDS.), FIFTY YEARS OF THE INTERNATIONAL COURT OF JUSTICE,

1996, PP. 145-196.

i. FASSBENDER, UN SECURITY COUNCIL REFORM AND THE RIGHT OF VETO (1998).

j. GOLDSMITH & POSNER, THE LIMITS OF INTERNATIONAL LAW (2005).

k. HART, THE CONCEPT OF LAW (2ND

EDN, 1994) CH 5.

l. K. AHLUWALIA, THE LEGAL STATUS, PRIVILEGES AND IMMUNITIES OF THE SPECIALIZED

AGENCIES OF THE UNITED NATIONS AND CERTAIN OTHER INTERNATIONAL ORGANIZATIONS,

THE HAGUE, M. NIJHOFF, (1964).

m. KANT: POLITICAL WRITINGS (2ND

EDN, 1992)

9

n. KELSEN, GENERAL THEORY OF LAW AND STATE (1945)

o. KELSEN, PRINCIPLES OF INTERNATIONAL LAW (2ND

EDN, 1967)

p. KINGSBURY & STRAUMANN, IN BESSON & TASIOULAS (EDS), THE PHILOSOPHY OF

INTERNATIONAL LAW (2010)

q. KLABBERS, AN INTRODUCTION TO INTERNATIONAL INSTITUTIONAL LAW (2ND

EDN, 2009)

r. KOSKENNIEMI, THE GENTLE CIVILIZER OF NATIONS (2002)

s. LAUTERPACHT, PRIVATE LAW SOURCES AND ANALOGIES OF INTERNATIONAL LAW (1927)

t. M. LACHS, THE LAW OF OUTER SPACE: AN EXPERIENCE IN CONTEMPORARY LAW-MAKING,

LEIDEN, SIJTHOFF, 1972 (PARTICULARLY CHAPTER IV, P. 42).

u. MALCOLM D EVANS, INTERNATIONAL LAW (4TH

EDN, 2010)

v. ORAKHELASHVILI, COLLECTIVE SECURITY (2011)

w. PAHUJA, DECOLONISING INTERNATIONAL LAW (2011)

x. PELLET, IN ZIMMEMAN, TOMUSCHAT & OELLERS-FRAHM (EDS), THE STATUTE OF THE

INTERNATIONAL COURT OF JUSTICE (2006)

y. ROUTLEDGE HANDBOOK OF INTERNATIONAL LAW, DAVID ARMSTRONG (ED) (2011).

z. T. O. ELIAS, THE MODERN LAW OF TREATIES, NEW YORK, OCEANA-SIJTHOFF, (1974).

aa. THE OXFORD HANDBOOK OF THE HISTORY OF INTERNATIONAL LAW, BARDO FASSBENDER &

ANNE PETERS (EDS), (2014).

bb. W. C. JENKS, INTERNATIONAL IMMUNITIES, LONDON (1961).

cc. WOLFKE, CUSTOM IN PRESENT INTERNATIONAL LAW (2ND

EDN, 1993).

dd. P. G. DEMBLING, “TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION

AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES”, IN MANUAL ON

SPACE LAW, VOL. I, COMPILED AND EDITED BY N. JASENTULIYANA AND R. S. K. LEE, DOBBS FERRY, NEW

YORK, OCEANA PUBLICATIONS, 1979 (CHAPTER I, P. 1).

ee. N. JASENTULIYANA, “A SURVEY OF SPACE LAW AS DEVELOPED BY THE UNITED NATIONS”, IN

PERSPECTIVES ON INTERNATIONAL LAW, (ED. N. JASENTULIYANA, FOREWORD BY B. BOUTROS-

GHALI), LONDON, THE HAGUE, BOSTON, KLUWER LAW INTERNATIONAL, 1995, P. 349.

ff. WILLIAMS, M., INTERNATIONAL ECONOMIC ORGANIZATIONS AND THE THIRD WORLD. NEW

YORK: HARVESTER WHEATSHEAF. (1994).

gg. AGGARWAL, M.R., NEW INTERNATIONAL ECONOMIC ORDER: INTERDEPENDENCE AND

SOUTHERN DEVELOPMENT. (1986).

hh. ANSARI, J.A., THE POLITICAL ECONOMY OF INTERNATIONAL ECONOMIC ORGANIZATION.

BRIGHTON, SUSSEX: (1986).

ii. BHAGWATI, JAGDISH.N., "RETHINKING GLOBAL NEGOTIATION," IN JAGDISH N. BHAGWATI AND

JOHN G. RUGGIE. (EDS.) POWER, PASSIONS AND PURPOSE: PROSPECTS FOR NORTH-SOUTH

NEGOTIATION. 21-35. (1984).

jj. SINGER, H. AND ANSARI, J.A., RICH AND POOR COUNTRIES: CONSEQUENCES OF INTERNATIONAL

ECONOMIC DISORDER (1988).

kk. SINGH, J.S., A NEW INTERNATIONAL ECONOMIC ORDER: TOWARD A FAIR REDISTRIBUTION OF

THE WORLD'S RESOURCES (1977).

ll. JÜRGEN KURTZ. THE WTO AND INTERNATIONAL INVESTMENT LAW: CONVERGING SYSTEMS

(2016).

CASE LAW

PERMANENT COURT OF INTERNATIONAL JUSTICE/INTERNATIONAL COURT OF JUSTICE

CONTENTIOUS JURISDICTION /ADVISORY OPINION

10

a) Accordance with international law of the unilateral declaration of independence in

respect of Kosovo (Request for Advisory Opinion)

b) Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)

c) Anglo-Iranian Oil Co. (United Kingdom v. Iran)

d) Applicability of Article VI, Section 22, of the Convention on the Privileges and

Immunities of the United Nations

e) Application of the Convention on the Prevention and Punishment of the Crime of

Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

f) Asylum (Colombia/Peru)

g) Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) (New

Application: 1962)

h) Certain German Interests in Polish Upper Silesia

i) Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. Albania)

j) Exchange of Greek and Turkish Nationals

k) Factory at Chorzów (Merits)

l) Fisheries (United Kingdom v. Norway)

m) Fisheries Jurisdiction (United Kingdom of Great Britain and Northern Ireland v. Iceland)

n) International Status of South West Africa

o) Legal Consequences for States of the Continued Presence of South Africa in Namibia

(South West Africa) notwithstanding Security Council Resolution 276 (1970)

p) Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

q) Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United

States of America)

r) Nottebohm (Liechtenstein v. Guatemala)

s) Questions of Interpretation and Application of the 1971 Montreal Convention arising

from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriyav. United States of

America)

t) Reparation for Injuries Suffered in the Service of the United Nations

u) Reservations to the Convention on the Prevention and Punishment of the Crime of

Genocide

v) Right of Passage over Indian Territory (Portugal v. India)

w) Rights of Minorities in Upper Silesia (Minority Schools)

x) S.S. "Wimbledon"

y) Serbian Loans

z) THE CASE OF THE S.S. "LOTUS"

aa) Temple of Preah Vihear (Cambodia v. Thailand)

bb) Treatment Of Polish Nationals In The Danzig Territory

cc) United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)

INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA

a. The M/V "SAIGA" Case (Saint Vincent and the Grenadines v. Guinea)

b. Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan)

c. The "Camouco" Case (Panama v. France)

d. The "Monte Confurco" Case (Seychelles v. France)

11

e. The "Grand Prince" Case (Belize v. France)

f. The "Volga" Case (Russian Federation v. Australia)

g. The "Juno Trader" Case (Saint Vincent and the Grenadines v. Guinea-Bissau)

h. The "Hoshinmaru" Case (Japan v. Russian Federation)

i. Dispute concerning delimitation of the maritime boundary between Bangladesh and

Myanmar in the Bay of Bengal (Bangladesh/Myanmar)

j. Responsibilities and obligations of States sponsoring persons and entities with respect to

activities in the Area (Request for Advisory Opinion submitted to the Seabed Disputes

Chamber)

OTHERS

a. Prosecutor v Tadic (1999) 124 ILR 61, 98-121

b. The Scotia, 81 US 170 (1871)

c. The Paquete Habana, 175 US 677 (1900)

d. R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (no 3)

[2000] 1 AC 147

e. Hamdan v Rumsfeld, 548 US 557 (2006)

f. Trendtex Trading Corporation v Central Bank of Nigeria [1977] QB 529,569

g. R v Keyn 918760 2 Ex D 63

h. In re Piracy Jure Gentium [1934] AC 586

i. Jones v Ministry of Interior Al-Mamlaka Al-Arabiya AS Saudiya (Kingdom) [2006]

UHKL 26

j. Filartiga v Pena Irala, 630 F.2d 876 (2nd

Cir,1980)

k. Arantzazu Mendi [1939] AC 256

DOMESTIC LAW

a. THE ANTI-HIJACKING ACT, 2016

b. CONSITUTION OF INDIA

c. WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF

UNLAWFUL ACTIVITIES) ACT, 2005

d. THE UNITED NATIONS (PRIVILEGES AND IMMUNITIES) ACT, 1947

e. THE UNITED NATIONS (SECURITY COUNCIL) ACT, 1947

f. DIPLOMATIC AND CONSULAR OFFICERS (OATHS AND FEES) ACT, 1948

g. THE EXTRADITION ACT, 1962

h. THE FOREIGN MARRIAGE ACT, 1969

i. THE DIPLOMATIC RELATIONS (VIENNA CONVENTION) ACT, 1972

j. THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE AND OTHER

MARITIME ZONES ACT, 1976

k. THE PROTECTION OF HUMAN RIGHTS ACT, 1993

l. CARRIAGE BY AIR (AMENDMENT) ACT, 2016

m. TOKYO CONVENTION ACT, 1975

TREATIES

a. ARTICLES ON DIPLOMATIC PROTECTION 2006

b. ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS 2001

12

c. BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF

HAZARDOUS WASTES AND THEIR DISPOSAL 1989

d. CHARTER OF THE UNITED NATIONS 1945

e. COMPREHENSIVE NUCLEAR TEST BAN TREATY, 1995

f. CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME, 2000

g. CONVENTION BETWEEN FRANCE AND GREAT BRITAIN FOR DEFINING THE LIMITS OF

EXCLUSIVE FISHING RIGHTS 1839

h. CONVENTION FOR THE PROTECTION OF SUBMARINE CABLES 1884

i. CONVENTION FOR THE REGULATION OF AERIAL NAVIGATION 1919

j. CONVENTION ON OFFENCES COMMITTED ON BOARD AIRCRAFT 1963

k. CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS

l. CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE, 1974

m. CONVENTION ON THE PROTECTION OF THE UNDER WATER CULTURAL HERITAGE, 2001

n. COVENANT OF THE LEAGUE OF NATIONS 1919

o. DRAFT ARTICLES ON THE RESPONSIBILITY OF INTERNATIONAL ORGANISATIONS 2011

p. GENEVA CONVENTION ON THE CONTINENTAL SHELF,1958

q. GENEVA CONVENTION ON THE HIGH SEAS, 1958

r. HAGUE CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES, 1899

s. HAVANA CONVENTION ON ASYLUM 1928

t. INTERNATIONAL COURT OF JUSTICE STATUTE 1945

u. TREATY OF PEACE, VERSAILLES 1919

v. UN CONVENTION ON THE LAW OF THE SEA, 1982

w. VIENNA CONVENTION ON CONSULAR RELATIONS 1963

x. VIENNA CONVENTION ON DIPLOMATIC RELATIONS, 1961

y. VIENNA CONVENTIONS ON THE LAW OF TREATIES 1969

z. DECISION 2 OF THE CONFERENCE OF THE PARTIES TO THE TREATY ON THE NON-

PROLIFERATION OF NUCLEAR WEAPONS, PRINCIPLES AND OBJECTIVES FOR NUCLEAR NON-

PROLIFERATION AND DISARMAMENT (NPT/CONF.1995/32 (PART I), ANNEX).

aa. LETTER DATED 22 AUGUST 1996 FROM THE PERMANENT REPRESENTATIVE OF BELGIUM

ADDRESSED TO THE PRESIDENT OF THE CONFERENCE TRANSMITTING THE TEXT OF A DRAFT

COMPREHENSIVE NUCLEAR TESTBAN TREATY (CD/1427).

In addition to the reading list presented above learners can access research material through

the following online sources through SLS Cloud Manupatra, Lexis-Nexis, Hein-online,

Emerald, Ebrary, Westlaw, Kluwer Competition Law, International Taxation, Ebsco’s,

CLA, JSTOR, SCC Online, Kluwer Arbitration, Journal of Moral Education, Kluwer

Patent Law, Web of Science, Pearson, SCOPUS, & Global Business Review and offline

database including AIR.



format. Internal examination will be conducted for 40 marks.

13


include:



C. Mode of Third Internal Assessment - (Case law analysis) - (10 marks)

As per the anti-plagiarism policy, all written submissions shall be subject to a plagiarism

check vide the „turnitin‟ software. The written submissions with more than 20% plagiarised

content shall be marked „zero‟.

Symbiosis International (Deemed University) will conduct external written examination for

60 marks. It consists of ten objective-type (2 marks each=20 marks) and 4 subjective-

type/cases and open problems/questions (10 Marks each) with an alternative (40 marks).


A. PROJECT (TERM PAPER)

The project (term paper) will be in the form of an essay. Students will be assigned topics by

the Course In-charge on Curiosity. The essays are to be in the form of a structured writing,

which will have a beginning which will contextualize the essay, present legal arguments for

and against a given proposition, describe the thinking involved and present opinion based

writing. Samples of essays will be made available for further guidance.

The essay paper is expected to test the research / writing skills of the students. In order to

encourage students to think independently (if there is such a thing), the students are requested

to prefer reading a wide variety of sources. The Public International Law course is diverse

enough to accommodate the curiosity and originality of thinking. The Course In-charge will

provide the students with guidance on essay areas, though students can also request for a

specific area of research with the permission of the faculty (students are requested to consult

the concerned faculty for guidance).

Please note that you are required to submit the hard (printed on both sides) and soft copies

of the final submission to Mr. Saiprasad.R.G, on or before the due date of submission. The

naming convention for the soft copy shall include the details of the Learner in the manner

prescribed within parentheses (Name, PRN, Division and Programme). Since the emphasis is

on writing, the students will be evaluated based on a criteria, which will include the

evaluation of the written responses for originality and creativity. It is aimed at improving the

writing and research skills of the students.

The evaluation of the written responses will include errors of grammar, logic, suitability of

response, spelling, fact, law, attribution, non-attribution, syntax etc.

In addition, essay papers will be subjected to a plagiarism check through turnitin. Essay

assignments with more than 20% plagiarized content shall be marked „zero‟.

Further Guidelines are present in Annex A.

The schedule for the essay submission, evaluation and result declaration are given below

14

ESSAY WRITING SCHEDULE

Date of topic Assignment Date of Submission Date of Result

July 04, 2019 August 05,2019 August 12, 2019

B. TUTORIAL (OPEN BOOK PROBLEM/SCENARIO /QUESTION)

The tutorial will give learners an opportunity for assessing their learning of Public

International Law. Tutorial provides an opportunity to develop written skills and reasoned

argument. The tutorial is meant to assess your learning of the course.

The tutorial will be in the form of a written exam, the schedule for which is provided for in

this teaching plan below Relevant sections of suggested readings and the relevant case law

will be made available. These written responses will form the basis of the tutorial

proceedings.

Students will be evaluated on the basis of criteria, which will include the evaluation of the

written responses for errors of grammar, logic, suitability of response, spelling, fact, law,

attribution, non-attribution, syntax etc. It is Open Book Examination. The Tutorial will

consist of at least two questions.

TUTORIAL SCHEDULE

Date Result Syllabus

August 26, 2019 September 04, 2019 Unit 1, 2 3 &4

BANYAN TREE DISCUSSION

In order to acquaint students with the method and process of an open book exam two

interactive sessions through Banyan tree will be conducted, the participation of the learners is

necessary in order to convey the meaning of the exercise, this would be carried out prior to

each tutorial.

These sessions are COMPULSORY, students are required to submit responses within an

allotted time for the discussion, and your responses will be subjected to the same criteria of

evaluation as has been prescribed above for tutorial responses. Responses /answers / replies

within stipulated time will fetch attendance for one lecture a non-responses will result in lack

of attendance.

This activity is compulsory for all and attendance so granted will form part of the total

attendance.

BANYAN TREE DISCUSSION SCHEDULE

Session Opening date and time Closing date and time

First session 22/07/2019 @11:59 pm 24/07/2019 @ 11:59 pm

Second session 12/08/2019 @8:00 pm 14/08/2019 @11:59 pm

C. CASE ANALYSIS

Case law Analysis will form the basis for the third mode of assessment of the learner. Case

law analysis would require the learners to identify a case law either of a trial court or an

appellate court/tribunal/board/committee/commission/court either domestic/transnational or

15

international for analysis. Case laws selected by students will be informed to the concerned

faculty within the date prescribed for selection as given below, case law selected will be

subject to the approval of the Course In-charge.

The evaluation will be based on the ability to formulate a case law analysis typically found in

journal submissions, it will require the learner to narrate or weave a story at the heart of

which is a legal dispute.

A case law analysis would include the following:

a) contentions of both the parties

b) preliminary questions

c) questions of admissibility and jurisdiction

d) non-competence, competence de la competence

e) the legal issues that are framed

f) the applicable/ proper law

g) the application or non-application of law

h) reasons adopted by the judges or panel members

i) majority/minority/dissenting/concurring opinion

Learners are expected to include all the elements stated above in their case law analysis.

Further guidelines are provided in Annex B.

Date of selection

of case law

Date submission Result

July 10, 2019 September, 12 2019 September, 30 2019


The course will be offered by Dr. C.J. Rawandale & Saiprasad.R.G. (Course In-charge)

Students are encouraged to visit or write to the concerned faculty for queries and concerns

about the course.


For further guidance or queries, please feel free to contact Saiprasad.R.G at

[email protected]. or during office hours.

16

ANNEXURE A

GUIDELINES FOR ESSAY WRITING

Guidelines for writing an Essay

Structure of your Essay

Introduction

Parts or chapters or sub themes

Conclusion

The essay should not be more than 2500 words

For more instructions on how to write an essay please follow the link

Submission Guidelines for Essay writing

All submissions have to be on an A 4 size paper

Do not spiral bind or use plastic covers

Staple your projects for your submissions

Always maintain a soft copy which is not part of your desktop or laptop in order to avoid crash related

issues

Online submission should be in word.doc (compatible mode), and requires the use of a naming

convention as follows (Name_ PRN_ Batch_ Academic Year)

Always email the latest version to yourself so that you can retain your soft copy in more than one

place, Could also consider cloud

Ensure that your projects are aligned and justified properly

Choose appropriate font size and type

Kindly follow the Blue Method of citation


Font Size: Main Heading 16(Bold), Sub Heading 14(Bold) and text 11

https://writingcenter.fas.harvard.edu/pages/essay-structure

https://writingcenter.fas.harvard.edu/pages/overview-academic-essay

17

ANNEXURE B

CASE LAW ANALYSIS

GUIDELINES

Submission Guidelines

All submissions have to be on an A 4 size paper

Do not spiral bind or use plastic covers

Staple your projects for your submissions

Always maintain a soft copy which is not part of your desktop or laptop in order to avoid crash related

issues

Always email the latest version to yourself so that you can retain your soft copy in more than one

place, could also consider cloud

Submission should be both in the hard copy and soft copy

Hard copy submissions should be in person or alternatively through a colleague

Online submissions should be sent to

Online submission should be in word.doc (compatible mode), and requires the use of a naming

convention as follows (Name_ PRN_ Batch_ Academic Year)

Ensure that your projects are aligned and justified properly

Choose appropriate font size and type

Kindly follow the Blue Book Method of citation


CPC - I 2019

1 | SLS, NOIDA Teaching Plan

Teaching Plan

Semester VII

(Batch 2016-21)


CIVIL PROCEDURE CODE AND

LIMITATION ACT I

By:

Megha Nagpal

&

Joel Jose

Symbiosis Law School, NOIDA Symbiosis International (Deemed University), Pune

July 2019 – October 2019

CPC - I 2019


1. INTRODUCTION

The Code of Civil Procedure, 1908 is the statute regulating procedure for filing and

pursuing civil claims in India. The purpose of the Code is to provide every litigant with a

fair trial in accordance with principles of natural justice. The Code is divided into two

parts, Sections and Orders. While the former part lays down principles, the latter part

lays down detailed procedure to be adopted by civil courts. Accordingly, a sound

knowledge of CPC is essential for civil litigation practice. The objective behind studying

this course is for learners to understand the application of fundamental principles of civil

procedure to substantive law. The learner will be able to appreciate the mechanism of

enforcement of civil rights and substantive remedies, while getting acquainted with civil

procedure. The lectures shall impart procedural clarity in learners of law so that they

play a successful role in realisation of their clients‘ civil rights. In addition, the course

also aims at development of critical thinking, and encouragement of application of

learned concepts and procedure.


A. Knowledge

The overall objective of this course is to enable you to (i) demonstrate knowledge and

understanding of the principles of Civil Procedure and (ii) demonstrate a comprehensive

and accurate knowledge and understanding of the detail of the civil procedure.

B. Skills

The overall objective of this undergraduate course is to inculcate you with the following set

of skills: general cognitive intellectual skills; general communicative/employability skills;

and subject specific skills.

Cognitive

The Civil Procedure Code and Limitation Act I will demand that students have the capacity

to demonstrate insight in presenting materials drawn from a wide and sometimes

contradictory range of primary and secondary sources and doctrinal commentary; and to

demonstrate an ability to produce a synthesis of those materials that offers a personal and

informed criticism. Application of civil procedure to practical problems will develop critical

thinking in learners.

Employability

The Civil Procedure Code and Limitation Act I will demand that students have the capacity

to be able to write and use orally fluent and complex prose; using legal terminology with

scrupulous care and accuracy. Procedural clarity imparted will help learners of law in

playing a successful role in realisation of their clients' civil rights.

Subject Specific

The Civil Procedure Code and Limitation Act I will demand an ability to identify and select

key relevant issues and to apply that knowledge with clarity to difficult situations of

significant legal complexity; to analyze facts and to produce well-supported conclusions in

relation to them.

CPC - I 2019


C. Outcomes

Two key skills will be highlighted by this course (a) problem solving and (b) independent

research. These skills will be central to your success in completing this course‘s scheme of

assessment.


In preparing for tutorials, you will be asked to use that knowledge to support your answer

to a number of hypothetical, factual or ―problem‖ scenarios. In preparing properly for

tutorials, you will be preparing properly for the end of term assessment.



independent learning i.e., the ability to take initiative in the design (individualised approach

or plan of action) and research (external legal and non-legal sources) of the stated project.

The coursework in question is deliberately broadly drawn, and is designed to challenge you

in this regard.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External =

100%) under the auspices of the Symbiosis International (Deemed University).

3. LECTURES


Three lecture times per week have been set aside for this course for each division. Verify

it from the timetable assigned for each division. Lecture outlines, PowerPoint slides, and

relevant study/reading material will be made available in ―The Library‟ on ―Curiosity‟

Portal at https://slsnoida.curiositylive.com. To facilitate your understanding of these

lectures, you should always read at least the relevant pages of suggested readings in





You are notified that two online sessions with the help of ‗Banyan Tree @Curiosity‘ will

be conducted for Tutorial I and II. We will be expecting your response / answer / reply

within stipulated time given. Those, who will respond / answer / reply within stipulated

time given, will be granted attendance for one lecture each. This activity is

compulsory for all and attendance so granted will form part of the total

attendance.


required attendance. The Students can update themselves of their attendance daily

online in ―Attendance‟ on ―Curiosity‟ Portal at https://slsnoida.curiositylive.com.



CPC - I 2019


B. Notifications

Learners are informed that notice/s, if required, with respect Academic-Administration,

either by Course-in-Charge or Faculty-in-Charge, Academic Coordination will be sent

using „Owl@Curiosity‟. Either Course-in-Charge/Faculty-in-Charge, Academic

Coordination or Learner using „Library@Curiosity‟ will publish no notifications.


C. Lecture Outline

WEEK TOPIC

Week 1

July 4,

2019

Lecture 1 & 2:

TEACHING PLAN (MN)

TOPIC I: INTRODUCTORY, HISTORY OF THE CODE OF CIVIL

PROCEDURE AND OVERVIEW (MN)

Lecture 3:

1.1 History of the Code of Civil Procedure; Amendments

1.2 Objective behind the Code

1.3 Overview of the Code

Week 2

July 8,

2019

Lecture 4 & 5:

1.4 Definitions: decree, judgement, order, mesne profits, pleader, legal

representative, judgement-debtor, decree-holder, foreign judgement

1.5 Subordination and Hierarchy of Courts

TOPIC II: JURISDICTION OF COURTS (MN)

Lecture 6:

2.1 Subject-matter jurisdiction; applicability for special and local laws

Week 3

July 15,

2019

Lecture 7:

2.1 Subject-matter jurisdiction; applicability for special and local laws

Lectures 8 & 9:

2.2 Pecuniary Jurisdiction

Week 4

July 22,

2019

Lectures 10, 11 & 12:

2.3 Territorial Jurisdiction

Week 5

July 29,

2019

Lectures 13, 14 & 15:

2.4 Objections to Jurisdiction

2.5 Transfer of civil suits

Week 6

August 5,

2019

Lectures 16, 17 & 18:

2.6 res judicata and res sub-judice

Computer

Highlight

CPC - I 2019


Week 7

August 12,

2019

TOPIC III: FOREIGN JUDGEMENT (MN)

Lectures 19 & 20:

Foreign Judgement

3.1 When not conclusive

3.2 Presumption as to foreign judgements

3.3 Enforcement

TOPIC IV: PARTIES TO SUITS (JJ)

Lectures 21:

4.1 Plaintiff, Defendant, Co-plaintiffs, Co-defendants

Week 8

August 19,

2019

Lecture 22:

4.2 Joinder of parties; consequences of joinder, non-joinder and mis-

joinder of parties

Lectures 23:

4.3 Representative suit

4.4 Impleadment and deletion of parties

Lecture 24:

4.5 Recognized agents and pleaders

Week 9

August 26,

2019

TOPIC V: FRAME OF SUIT (JJ)

Lectures 25, 26 & 27:

5.1 Suit to include whole claim, relinquishment, omission

5.2 Joinder of causes of action

Week 10

September

2, 2019

TOPIC VI: INSTITUTION OF SUITS (MN)

Lectures 28, 29 & 30:

6.1 Pleadings generally

6.2 Plaint: Particulars, Documents relied on in plaint, Return of Plaint,

Rejection of Plaint

Week 11

September

9, 2019

Lectures 31 & 32:

6.3 Written Statement: time period, denial, consequences of failure to file,

additional WS

6.4 Set Off, Counter Claim

TOPIC VII: APPEARANCE OF PARTIES (MN)

Lecture 33:

7.1 Issue and Service of Summons

7.2 Consequences of non-appearance of parties, non-appearance of

plaintiff or defendant

Week 12

September

16, 2019

Lectures 34 & 35:

7.3 Setting aside ex parte decree

7.4 Disposal of suit at the first hearing

7.5 Examination of Parties by the Court

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TOPIC VIII: DISCOVERY, INSPECTION & PRODUCTION OF

DOCUMENTS (MN)

Lecture 36:

8.1 Discovery by interrogatories

Week 13

September

23, 2019

Lectures 37 & 38:

8.2 Discovery of documents and their production

8.3 Impounding and Return of Documents

TOPIC IX: ADMISSION AND SETTLEMENT OF ISSUES (JJ)

Lecture 39:

9.1 Admissions: Notice, Form, Judgement on Admission

Week 14

September

30, 2019

Lecture 40:

9.2 Issues: Of Fact, of Law, Materials to frame issues, Power of Courts

TOPIC X: TRIAL (JJ)

Lectures 41 & 42:

10.1 Affidavits

10.2 Summoning and Attendance of Witnesses

Week 15

October 7,

2019

Lecture 43 & 44:

10.3 Attendance of Witnesses confined or detained in prisons

10.4 Hearing of suit and examination of witnesses

TOPIC XI: JUDGEMENT AND DECREE (JJ)

Lecture 45:

11.1 Judgement and Decree

Week 16

October

14, 2019

Lecture 46:

11.2 Interests

11.3 Costs

TOPIC XII: MISCELLANEOUS (MN)

Lectures 47 & 48:

12.1 Adjournments

12.2 Restitution

12.3 Settlement of Disputes outside Court

12.4 Inherent Powers of Civil Court

Week 17

October

21, 2019

Lecture 49: Revision.





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A. Textbook

1. B.M Prasad, Mulla‘s Code of Civil Procedure (Lexis Nexis Butterworths: 2017).

2. M.P Jain, Code of Civil Procedure (Lexis Nexis Butterworths: 2013).

3. Sir Dinshaw Fardunji Mulla, The Key to Indian Practice (Lexis Nexis: 2016).

4. Jatindra Kumar Das, Code of Civil Procedure (PHI Learning Private Limited: 2014).

5. C.K Takwani, Civil Procedure with Limitation Act, 1963 (Eastern Book Company:

2017).

6. P C Sarkar and Sudipto Sarkar, Sarkar‘s Civil Court Practice & Procedure (Wadhwa

Book Company: 2015)

7. Amir Ali & Sir John Woodroffe, Commentaries on The Code of Civil Procedure, 1908

(4 Volumes Set) (Wadhwa Book Company: 2018).

8. P.K. Majumdar and R.P. Kataria, Commentary on the Code of Civil Procedure, 1908,

(Universal Law Publication, Delhi: 1998).

9. A.N. Saha, The Code of Civil Procedure, 1908 (Eastern Law House: 1978).

10. P C Sarkar and A C Sarkar, Sarkar's Law of Civil Procedure, Vol. 2, (Wadhwa and

Co.: 2006).

11. S.K. Sarvaria, Mulla, Code of Civil Procedure (Lexis Nexis Butterworth: 2007).

12. C.K. Thakker and M.C. Thakker., Code of Civil Procedure, 1908 (Eastern Book Co.:

2005).

13. Justice SA Kader, UN Mitra‘s Law of Limitation & Prescription (2 volumes)

(LexisNexis: 2013).

14. Shriniwas Gupta, The Limitation Act (Universal Law Publishing: 2016).

B. Prescribed Legislation

1. The Code of Civil Procedure, 1908

Note:


Earlier editions of a number of the above texts might also be available and can be


law.

It is compulsory for learners to carry the Code of Civil Procedure, 1908 (Bare

Act) (with latest Amendments) during all CPC lectures.

These texts were selected because they provide in one volume a combination of text, cases

and materials, designed to be read as a whole i.e., a ―one-stop shop‖. Nevertheless, the

text provides the basic reading for the course only. There is much more to the Civil

Procedure and Limitation Act than this, and you will undoubtedly benefit from undertaking

some reading and study of your own. It is creditable if you, in respect of the proper use of

independent research and study, follow up in the Law Library some of the case references,

periodical articles or other material referred to in the prime textbook or in class – or even to

do some research of your own. A good resource to use is the Civil Procedure Code and

Limitation Act section of Symbiosis Law School Library. Further, I will make available

articles by eminent scholars in this field to on ‗Library‘ @Curiosity, provided Copyright

policy of the publisher of those articles permits.

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Thereafter you could engage in your own research, with particular reference to journals

on online databases including SCC Online, Manupatra, Lexis-Nexis, Hein Online,

Emerald, Ebrary, Westlaw, Kluwer Competition Law, International Taxation,

Ebsco, JSTOR, Kluwer Arbitration, Kluwer Patent Law & Global Business

Review.

Students are expected to read latest journals, periodicals, reports and articles to keep

abreast with the recent trends and developments in this subject. Student is free to

consult any other book available in the library with respect to the content of the syllabus

for advance reading and research work as suggested readings are indicative not

exhaustive.



format.

INTERNAL ASSESSMENT:

Internal examination will be conducted for 40 marks. It will include:

A. Mode of First Internal Assessment – Project (10 Marks)

B. Mode of Second Internal Assessment – Tutorial (Open Book Examination)

(20 marks)

C. Mode of Third Internal Assessment - (Moot Court) - (10 marks)

EXTERNAL ASSESSMENT:

The Symbiosis International (Deemed University), Pune will conduct external written

examination for 60 marks. It consists of ten objective-type (2 marks each = 20 marks)

and 4 subjective-type/cases and open problems/questions (10 Marks each) with an

alternative (40 marks).

6. INTERNAL ASSESSMENT: MODE AND SCHEDULE

A. First Internal Assessment Component: „Project‟ Mode and Schedule

One Project will be undertaken by learners to be evaluated out of 10 marks. The topic

for project will be allotted by the course-in-charge and will be uploaded at

Library@Curiosity as per schedule given hereinbelow, i.e., on or before July 4, 2019.

Project is aimed at improving the writing, drafting, research, analytical, and presentation

skills to make students‘ learning academically more challenging and rigorous than

standard lecture and test format courses. It also aims at promoting scholarship in this

significant field of law, which has gained much momentum in practice but often lacks

solid theoretical underpinnings due to lack or inadequacy of statutory provisions. It

further aims to enhance learning capability by research amongst the learners, create a

forum for enhancing a greater dialogue between the scholarly community, policymakers

and practitioners. (Refer to Annexure A)

The evaluation pattern for the project will be based on one written submission of 10

marks.

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CPC - I 2019


Project – Submission: You will submit one printed copy and one soft copy in ―.pdf‖

format of the Project along with its Plagiarism Report to course-in-charge Assistant

Professor Ms. Megha Nagpal (to be emailed at [email protected] ) on

or before the date/time of submission mentioned below. There should not be any

difference between soft copy and hard copy submissions, both in content and in

formatting. Hard copy of Project submitted beyond its deadline, i.e., August 6, 2019

(3:30 PM) shall be considered a late submission of Project Mode and will be marked

negatively upto minus 4 marks. However, acceptance of late submission is solely the

discretion of the evaluator.

Note: Every student is required to submit Project as per the guidelines

and format given as Annexures A, B & C to this Teaching Plan.

Project Schedule:

B. Second Internal Assessment Component: „Tutorial‟ Mode and Schedule

There will be one tutorial. It shall be “Cases and Open Problems/Questions”.

Tutorial will be an Open Book Examination, i.e., examinees are allowed to bring and

use any material including Books, Articles, Hand-Written Notes and the like printed

material, except for any electronic gadgets, machine or alike material.

Tutorial will carry 20 marks. Tutorial will be conducted on specified date as per schedule

below.

Tutorial Schedule:

The tutorial will give you an opportunity for assessing your learning of Civil Procedure

Code. It should be obvious that the better you are prepared to take part in such test, the

more you will learn from it and excel in both examination as well as understanding of

Civil Procedure Code. Tutorial also provides you with an opportunity to develop written

skills of coherent presentation and reasoned argument. Lack of preparation and a fortiori

non-attendance will mean that you will fail to make the most of the learning

opportunities provided by the tutorial. In order to achieve the two stated skills

objectives-presentation and problem solving skills; tutorial is scheduled in this semester.

Assignment Submission

(Hard Copy)

Submission

(Soft Copy) Result

July 4, 2019

August 6, 2019

(upto 3:30 PM)

August 7, 2019

(upto 11:59 PM) August 13, 2019


August 27, 2019 September 5, 2019 Topics I to IV per

Lecture Outline above


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Preparation Session on Banyan Tree: In order to acquaint learners with the method

and process of an open book exam two interactive sessions through Banyan tree will be

conducted. The participation of the learners is necessary in order to convey the meaning

of the exercise. This exercise would be carried out twice prior to the tutorial.

Both these sessions are COMPULSORY for all learners. Your quality response / answer /

reply within stipulated time should be submitted which will fetch attendance for one

. No response from a learner will result in learner being marked absent for the lecture

same.

This activity is compulsory for all and attendance so granted will form part of the

total attendance.

Tutorial Preparation Sessions @Banyan Tree

Upload of Problem Deadline to Reply Attendance

First

Session

July 24, 2019

(4:00 PM)

July 26, 2019

(11:59 PM)

One Lecture

Second

Session

August 14, 2019

(4:00 PM)

August 16, 2019

(11:59 PM)

One Lecture

C. Third Internal Assessment Component: “Moot Court: Defence against

Relief Sought” Mode and Schedule

The third mode of internal assessment for this course is ―Moot Court: Defence against

Relief Sought‖. In this component, learners will be evaluated out of 10 marks.

Conducting a „moot court‟ in class is aimed at making students think

analytically of the provisions of the Code of Civil Procedure. It is aimed at

giving students an opportunity to understand the practical applicability of CPC

provisions. Since litigation is one of the upcoming career options, moot court

experience in classroom shall provide learners with the confidence requisite for the

same. The moot court shall further aim at improving the writing, research,

communication and persuasive presentation skills of students.

Learners will be randomly assigned topics and corresponding drafts by the course-in-

charge. Upon receipt of the draft assigned, a learner should identify the side/party for

which she/he will be arguing. It is obvious that this side will be opposite to the counsel‘s

side mentioned on the draft assigned. Each learner is then required to draft a

reply/rejoinder to the assigned draft, and argue against the relief sought in it. The

assigned drafts shall be circulated amongst students in advance in accordance with the

schedule provided hereinbelow. In case, a learner receives a file containing multiple

drafts, he/she is free to choose any one of those to draft a reply/rejoinder to.

CPC - I 2019


The „Moot Court: Defence against Relief Sought‟ mode will have two

parts:

1) Written Submission – 5 marks, and

2) Oral Round – 5 marks.

1) Written Submission: Each learner is required to Draft a reply or rejoinder, as is

applicable, and where possible, give point-wise arguments against the relief

sought in the draft assigned. In case of rejoinder/replication being drafted,

assume that the court has permitted to file the same. Learner may choose to

draft from his/her party‘s side one additional application or reply as applicable in

the facts of assigned hypothetical situation. In case clarifications are obtained, a

print-out of the same is mandatorily to be annexed to the Written Submission.

Note: The general guidelines given in Annexure A for „Project‟ are

applicable pari materia to this written submission. For Declaration to this

Written Submission, however, refer to Annexure D.

2) Oral Round: This shall be in the form of ‗defence against relief sought‘ wherein

the learner shall present arguments, as if arguing before a civil court (depending

upon jurisdiction in the respective draft), and pray, based on her/his Written

Submission, for either dismissal or allowing of the application in the assigned

draft. Learners must observe court-room decorum during this round. The Code

assigned to each learner shall determine her/his date for Oral Round.

Evaluation Criteria:

1) Written Submission: Adherence to format; Relevance, Cohesion and Structure of

Arguments; Prayer.

If additional draft is prepared, then it will be considered on the same marking

criteria as for Written Submission and additionally will be evaluated for its choice.

2) Oral Round: Correct identification of law applicable, knowledge and understanding

of case-laws relating to the topic, Court-mannerism and decorum, Law School

Uniform, Clarity of Thought, Structure of Arguments presented, Skill in tackling

questions as well as correctly Responding to Questions put up by the evaluator.

There may be negative marking for not observing court-room decorum at the

discretion of the evaluator.

CPC - I 2019


Schedule for „Moot Court: Defence against Relief Sought‟

Task Date

Assignment of Codes

July 4, 2019

Randomized assignment of Topics

August 9, 2019

Provision of Assigned Draft August 10, 2019

Time to Seek Clarifications on

Assigned Draft

August 11 to August 17, 2019

Discussion with Course-in-charge

(not compulsory - only if a learner

desires)

August 11 to August 17, 2019

Submission of Written Submission September 9, 2019 (upto 3:30 PM)

Moot Court Style Oral Round

According to Schedule of Oral Round given

on next page

CPC - I 2019


Schedule for Oral Round:

DATE CODE Total

Rounds TIME

September 12, 2019 A.1.i to A.1.xvii 17 11:45 AM to 2:45 PM

September 13, 2019 B.1.i to B.1.xvii 17 11:45 AM to 2:45 PM

September 16, 2019 A.3.i to A.3.xi and

A.4.i to A.4.v 16 11:45 AM to 2:45 PM

September 17, 2019 B.3.i to B.3.xi and

B.4.i to B.4.v 16 11:45 AM to 2:45 PM

September 18, 2019 A.2.i to A.2.ii and

A.5.i to A.5.xiv 16 11:45 AM to 2:45 PM

September 19, 2019 B.2.i to B.2.ii and

B.5.i to B.5.xiv 16 11:45 AM to 2:45 PM

September 20, 2019 A.6.i to A.6.xi and

A.9.i to A.9.vii 18 11:45 AM to 2:45 PM

September 23, 2019 B.6.i to B.6.xi and

B.9.i to B.9.vii 18 11:45 AM to 2:45 PM

September 24, 2019 A.7.i to A.7.v and

A.10.i to A.10.xii 17 11:45 AM to 2:45 PM

September 25, 2019 B.7.i to B.7.v and

B.10.i to B.10.xii 17 11:45 AM to 2:45 PM

September 26, 2019 A.8.i to A.8.viii and

A.11.i to A.11.viii 16 11:45 AM to 2:45 PM

September 27, 2019 B.8.i to B.8.viii and

B.11.i to B.11.viii 16 11:45 AM to 2:45 PM

Important Instructions:

Please note, if you are on Internship with exemption from attending

classes, duly acknowledged by the T & P Cell, or, you are on Assessment

CPC - I 2019


Internship, duly acknowledged by the T & P Cell, and your Moot Court

Exercise is scheduled during such duration, you must follow the following

process to seek alternate date for Moot Court Exercise:

I. Write an email to Faculty-In-charge (Academic Coordination – Batch

2016-21): Dr. Megha Chauhan at [email protected] stating the

above;

II. Attach documentary evidence (PDF) of your Internship being

acknowledged by the T & P Cell;

III. Attach documentary evidence (PDF) of you being granted exemption from

attending classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-charge, and

alternate date for Moot Court Exercise will be allotted by the Course In-

charge.

Note: No request to change the date for Moot Court Exercise will be

entertained if above process is not followed on or before 1st September,

2019. No Moot Court Exercise will be conducted after October 10, 2019.


The Course-in-Charges for ‗Civil Procedure Code & Limitation Act I‘ are Ms. Megha

Nagpal and Mr. Joel Jose. In case you face any problem in dealing with the subject, feel

free to write to the concerned faculty on [email protected] or contact in

person during office hours in her chamber. You may contact Mr. Joel Jose vide email on

[email protected] .


If few doubts remain, please contact us via e-mail: [email protected].

In case you desire any clarification relating to any assessment mode or

its syllabi or want to discuss a topic taught, it is strongly suggested that

you seek a time for such discussion or clarification vide email. We

welcome your questions and suggestions.

===========





CPC - I 2019


Annexure A

SPECIFIC GUIDELINES FOR PROJECT SUBMISSION

Following guidelines shall be observed for preparing research project for „Civil

Procedure Code and Limitation Act-I‟:

1. Topic of project —

Each learner shall be assigned a topic by the course-in-charge from the Code of Civil

Procedure, 1908 as per applicable syllabus. The topics will be uploaded/assigned on

‗Library@Curiosity‘ in accordance with the Schedule announced aforesaid.

2. Based on the topic so assigned, the learner is required to compose a hypothetical

situation consisting of a civil dispute. The said dispute could relate to transfer of

property, intellectual property, succession, divorce, a written contract, or the like.

Learners are required to choose only those disputes that can be adjudicated by civil

courts and to which provisions of the Code of Civil Procedure, 1908 apply, unless

‗subject-matter jurisdiction’ is the basis of the dispute. The hypothetical situation

should specify the following:

a. subject of the dispute (for example: contractual breach, inheritance,

divorce, trademark infringement etc.);

b. complete factual background with all relevant details;

c. AGGRIEVED PARTY (or parties) and OPPOSITE PARTY (or parties). Note

that the STATUS OF PARTIES should be mentioned on the Cover Page

(Refer to Annexure B);

d. the stage at which the suit/dispute currently is before the Civil Court (for

example: admission, discovery, pleadings, appearance of parties, plaintiff

evidence, defendant evidence, etc.). [(one mark) – for consisting of all

elements from a. to d.]

3. Once the hypothetical situation is composed, learner has to IDENTIFY:

a. One Controversial/debatable question in the hypothetical civil dispute

relating to the topic assigned. This debatable question should be either a

question of law or a mixed question of law and fact. (one mark)

b. The Sections and Rules and provisions of the Code of Civil Procedure

and/or any Act/Notification specifically applicable to the framed question. The

relevant portion of governing provision(s) should be mentioned. (one mark)

c. Case-laws/Judgements relating to the controversy that may help

answering the debatable question – minimum two of which at least one

should have been pronounced by the Supreme Court of India or Privy Council

(only in cases of Appeals from India).

d. Analyze these case-laws using IRAC method. (three marks)

4. Learners are then required to write in paragraph form the ANSWER (one mark)

to the question framed as per point 3(a) supporting the same with reasons. Further,

learners are to choose an applicable civil REMEDY that is available to the

aggrieved party – justifying through case-laws analyzed (and maybe additional

CPC - I 2019


case-laws) the choice of remedy (one mark). Further, based on the chosen

remedy, learners are to DRAFT an appropriate application/reply (two marks).

For example, if the topic assigned is ‗Garnishee Order‘, the draft can be either an

application praying for a garnishee order to be passed by the court or a reply

opposing the same, depending upon who the aggrieved party is in the hypothetical

situation. The answer, remedy and draft should be based on and reflect the

research/case-laws included in your project.

5. Only hypothetical names are to be used in the Project. Specifically, learners should

not use names of current students, alumni, faculty members and staff members.

6. General Guidelines:

a. The hard copy of the submission is required to be PRINTED on both

sides on A4 size plain sheet with ONE POINT TWO inch MARGIN on

each side of the page. The printed project has to be STAPLED on the

entire left edge so as to form a book.

b. Font Size: 12, Font Style: Times New Roman, Line Spacing: 1.15.

c. Submission should be preceded with a proper INDEX and also be duly

paginated.

d. Submission is required to be preceded with the DECLARATION (Refer

to Annexure C).

e. Cover page should be as per Annexure B.

f. You are to make timely submissions, failing which your project may not be

accepted.

g. Submission should be annexed with PLAGIARISM REPORT (full

turnitin report excluding cover page, index and declaration).

7. Evaluation of Project:

The evaluation pattern for the project will be based on one written

submission of 10 marks. The division of these 10 marks is stipulated above.

In case a learner chooses to research on more than one debatable/

controversial question then there shall be overall marking of the IRAC

Analysis since each question should be accompanied with IRAC analysis of

minimum two Judgements.

Non-observance of specific and/or general guidelines for project submission

shall attract negative marking.

Hard copy of Project submitted beyond its deadline, i.e., August 6, 2019

(3:30 PM) shall be considered a late submission of Project Mode and will be

marked negatively upto minus 4 marks.

Acceptance of late submission of Project is solely the discretion of the

evaluator.

Creativity shown in the project in terms of draft(s) chosen etc. may result in

obtaining full marks in the component.

8. Learners are free to discuss and/or clarify their doubts with the Course-in-Charge

regarding their project apart from lectures/classroom sessions.

--

CPC - I 2019


Annexure B – Cover Page

In the Court of ___ (designation)___ (with territorial jurisdiction)___

Suit No. _____ / (year)

Project Topic Assigned: _______________________________

In the matter of:

(Name of plaintiff(s) … Plaintiff / (applicant or non-applicant)

Versus

(Name of Defendant(s)) … Defendant / (applicant or non-applicant)

Application/Reply under Section/Rule ____ of ______ PRAYING for

________________

PROJECT for „CIVIL PROCEDURE CODE & LIMITATION ACT I‟

Submitted by:

(Name of the learner)

Counsel for the ___ Ptff./Def./Applicant/Non-Applicant (mention any two as

applicable)__

PRN: ______________ ;

Programme: _BA.LLB./BBA.LLB._ ; Group: _A or B_

Semester/Year: VII /4th Year

Batch: 2016-21



Under the guidance of:

Ms. Megha Nagpal

Assistant Professor



(July-August, 2019)

CPC - I 2019


Annexure C

DECLARATION FOR PROJECT

This Project based on a hypothetical civil dispute relating to ____(name of the project

topic assigned)____, submitted by the undersigned to Symbiosis Law School, NOIDA,

Symbiosis International (Deemed University), Pune for the course „Civil Procedure

Code and Limitation Act I‟ as part of Internal Assessment Mode I is based on an

imaginary situation with hypothetical names which has no relation to any person living or

dead. The research work herein has not been submitted elsewhere for award of any

degree or any other purpose whatsoever.

The ‗remedy‘ and ‗draft‘ portion of the project has been submitted purely for

understanding applicability of provisions of the Code of Civil Procedure, 1908 as part of

project for the aforesaid course. The designation/s, if any, given in the project are purely

hypothetical.

The contents of the project are original and not plagiarised, and not copied from any real

case. The material borrowed from other sources and incorporated in the project has


I have also taken due care that the contents of my project are not similar or same as

another learner‘s project for the aforesaid course.

I understand that I could be held responsible and accountable for plagiarism, if any,

even if detected later.

(Signature of the Learner)

Date: August 6, 2019

Name of the Learner: _____________________________

PRN: ____________________

Batch: 2016-21

Programme: _____________

GROUP: ______



CPC - I 2019


Annexure D

DECLARATION FOR „MOOT COURT‟

This Written Submission is submitted by the undersigned for Internal Assessment

Component III, i.e., ‗Moot Court: Defence against Relief Sought‘ for the course „Civil

Procedure Code and Limitation Act I‟ at Symbiosis Law School, NOIDA, Symbiosis

International (Deemed University), Pune, and is based on a hypothetical civil dispute

relating to ____(name of the topic assigned for this Mode)____, on an imaginary

situation with hypothetical names which has no relation to any person living or dead. The

research work herein has not been submitted elsewhere for award of any degree or any

other purpose whatsoever.

That I have timely furnished copy of my project to _Mr./Ms.___________________ as

part of this exercise and have also responded to all clarifications sought on the same

within the time specified for it.

This Written Submission has been submitted purely for understanding the applicability of

provisions of the Code of Civil Procedure, 1908 as part of internal assessment for the

course aforesaid. The designation/s, if any, given in this submission are purely

hypothetical.

The contents of this Written Submission are original and not plagiarised, and not copied

from any real case. The material borrowed from other sources and incorporated herein

has been duly acknowledged.

I have also taken due care that the contents of my Written Submission are not similar or

same as another learner‘s Written Submission for the aforesaid course.

I understand that I could be held responsible and accountable for plagiarism, if any,

even if detected later.

(Signature of the Learner)

Date: September 9, 2019

Name of the Learner: _____________________________

PRN: ____________________

Batch: 2016-21

Programme: _____________

GROUP: ______



Teaching Plan

MERGER AND ACQUISITION

(Semester VII)

Batch 2016-21


By

CA & CPA (USA) Eish Taneja



Pune


1. INTRODUCTION

Mergers and acquisitions have gained momentum in commercial world and have become part

of a corporate lawyer‟s work, with the new economic policies there has been a considerable

change in business practices. The course aims to provide a comprehensive understanding of

the legal, economic, financial, accounting, taxation regime regulating mergers and

acquisitions.


Provide students with a basic understanding of how to value and structure M&A , how to

estimate the value of synergy; how to use models to estimate the purchase price range, initial

offer price for a target firm, and to evaluate the feasibility of financing the proposed offer

price. Specialized legal expertise in the areas such as M&A, taxation, share price swap ratio,

Mergers and Acquisitions Act 2002 environment (along with amendments in 2007 and 2012),

due diligence, and intellectual property is required.

A. Knowledge

The course is to enable you to demonstrate knowledge and understanding of the legal,

economic, financial, accounting, taxation regime regulating mergers and acquisitions

Laws and demonstrate a comprehensive and accurate knowledge and understanding of the

details of legal concepts developed through different judicial decisions

B. Skills

The overall objective of this undergraduate course is to inculcate you with the following

set of skills: general cognitive intellectual skills; general communicative/employability

skills; and subject specific skills.

Cognitive

The Merger and Acquisition course will demand that students have the capacity to

demonstrate insight in presenting materials drawn from a wide and sometimes

contradictory range of primary and secondary sources and doctrinal commentary; and to

demonstrate an ability to produce a synthesis of those materials that offers a personal and

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informed criticism.

Employability

The course “Merger and Acquisition” demands that students have the capacity to be able

to write and use orally fluent and complex prose; using legal terminology with scrupulous

care and accuracy.

Subject Specific

The course “Merger and Acquisition” demands an ability to identify and select key

relevant issues and to apply that knowledge with clarity to difficult situations of

significant legal complexity; to analyse facts and to produce well supported conclusions

in relation to them.

C. Outcomes

Two key skills will be highlighted by this course

(a) case synthesis/problem solving and

(b) independent research.

These skills will be central to your success in completing this course‟s scheme of

assessment.

Case synthesis/Problem solving:

In preparing for tutorials, you will be asked to read, analyse and synthesize a number of

cases. You will also be asked to use that knowledge to support your answer to a number

of hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you

will be preparing properly for the end of term assessment.

Independent research:



approach or plan of action) and research (external legal and non-legal sources) of the

stated project. The coursework in question is deliberately broadly drawn, and is designed

to challenge you in this regard.

Final Outcome

Assessment is by compulsory coursework examination (40% Internal + 60% External=

100%) under the auspices of the Symbiosis International (Deemed University), Pune.

3. LECTURES



timetable assigned for each division. Verify it from the timetable assigned for each division.


part of attendance as well. Pl. refer to the Banyan Tree Sessions schedule as given under

Tutorial Mode and Schedule.

Lecture outlines, principally in the form of relevant study / reading material will be made

available in „The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com. To








Attendance on Curiosity Portal at https://slsnoida.curiositylive.com.

B. Notifications

Learners are informed that notice/s, if required, with respect Academic-Administration,

either by Course in Charge or Faculty In Charge, Academic Coordination will be sent

using Owl@Curiosity‟. Either Course in Charge / Faculty In Charge, Academic

Coordination or Learner using “Library@Curiosity‟ will publish no notifications.



C. Lecture Outline

Week -01

July 4, 2019

Lecture 1: Teaching Plan

Lecture 2: Teaching Plan and General overview of the subject.

Topic 1: Basic Concepts

Lecture 3: Concept of corporate

restructuring

Week -02

July 8, 2019

Topic 2: Concept of corporate

restructuring

Lecture 4: Different Forms of Corporate

Restructuring Lecture 5: Different forms of mergers

and acquisition

Lecture 6: Motives for mergers and acquisition. Corporate restructuring

through mergers and acquisitions

Week-03

July 15, 2019

Topic 3: Laws Regulating M & A

Lecture 7: The companies Act, 2013, types of companies

Lecture 8: Concept of single economic entity in companies Act and

relationships among entities.

Lecture 9: Section 230 to 240

Week – 04

July 22, 2019

Lecture 10: Buy-back of shares sec 77A – 77C (as amended to

date) Lecture 11: Winding up provisions S/441

Lecture12: Inter-corporate loans and Investments Sec 372

Week -05

July 29, 2019

Lecture 13: Inter-corporate loans and Investments Sec

372 Lecture 14: Deposits sec 58A – Sec 58 AAA

Lecture 15: Deposits sec 58A – Sec 58 AAA

Week -06

August 5, 2019

Topic 4: SEBI Act 1992 and

Regulations Lecture 16: SEBI Act.

Lecture 17: SEBI takeover code (as amended to date)

Lecture 18: Foreign and domestic institutional investors

Week -07

August 12, 2019

Lecture 19: SCRA and Stock exchange regulations (brokers and

sub brokers)

Lecture 20: SCRA and Stock exchange regulations (brokers and

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sub brokers)

Lecture 21: Listing agreements and corporate governance

Week -08

August 19, 2019

Topic 5: Competition Act, 2002

Lecture 22: Combinations

Lecture 23: Regulation of combinations

Lecture 24: Competitive analysis of mergers

Week-09

August 26, 2019

Topic 6: FEMA and Regulations Issued by RBI Lecture 25: FEMA

and regulations issued by RBI

Lecture 26: FEMA and regulations issued by RBI

Lecture 27: FEMA and regulations issued by RBI

Week-10

September 2,

2019

Topic 7: Taxation Laws

Lecture 28: Taxation Laws



Week 11

September 9,

2019


Lecture 32: Capital Gain Tax

Lecture 33: Capital Gain Tax

Week -12

September 16,

2019

Lecture 34: Capital Gain

Tax

Topic 8: Treatment of IPR with reference to merger regulation

Lecture 35: Trademarks

Lecture 36: Patents

Week -13

September 23,

2019

Lecture 37: Patents

Lecture 38: Other forms of IPR

Topic 9: Negotiating the Deal and Due

Diligence Lecture 39: Purpose of negotiation

Week-14

September 30,

2019

Lecture 40: Initial approaches

Lecture 41: Conducting due diligence exercise

Lecture 42: Drafting the Acquisition Agreement

Week-15

October 7, 2019

Lecture 43: Negotiating the acquisition agreement

Lecture 44: Negotiating the acquisition agreement

Lecture 45: Valuation of Business techniques

Week-16

October 14, 2019

Lecture 46: Valuation of Business

techniques Lecture 47: Valuation of

Business techniques

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Lecture 48: Successorship Issues: Assignments of Contracts, Rights and

Liabilities

Week -17

October 21, 2019

Lecture 49: Successorship Issues: Assignments of Contracts, Rights and

Liabilities

Lecture 50: Accounting issues in mergers and acquisitions

Lecture 51: Corporate governance in the context of corporate

restructures

*The schedule will be followed, subject to change/s due to unforeseen/unavoidable circumstances.


A. Textbook

1) Alexandra Reed Lajoux, The Art of M & A due diligence, 2nd Ed: Navigating Crucial

steps and uncovering crucial data, The McGraw Hill Companies Inc. (2011).

2) Edwin L. Miller Jr, Mergers and Acquisitions: A step by step legal and practical guide,

John Wiley & Sons (2008).

3) H.R. Machiraju, Corporate Structuring in India, Financial Economist (2009)

4) Joan Binley, A practical guide to Takeovers & Mergers, ICSA Publishing (1996)

5) K.R. Sampath, Mergers, Amalgamations, Takeovers & Corporate Restructure,

Snowwhite (2007)

6) Kevin K. Boeh & Paul W. Beamish, Mergers and Acquisitions, Sage Publication

(2007)

7) P. Mohana Rao, Mergers and Acquisitions of Companies, Deep & Deep Publications

(2004)

8) S. Ramanujam, Mergers et al: Issues, Implications and Case Laws in Corporate

Restructuring, 2nd Edition, Wadhwa Publication (2007)

9) Seth Dua & Associates, Joint Ventrues &\Mergers and Acquisitions in India: Legal

and Tax Aspects, Lexis-Nexis Butterworths (2006)

10) Sridharan & Pandian, Guide to Takeovers & Mergers, Wadhwa (2006)

11) Stephen M. Bainbridge, Mergers and Acquisitions (Concepts and Insight), 2nd edition,

Foundation Press (2008)

12) William J. Carney, Mergers & Acquisitions: The Essential, Wolters Kluwer Law

and Business (2009)

Note:



datedness, particularly as to applicable case law. These texts were selected because they

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provide in one volume a combination of text, cases and materials, designed to be read as a

whole i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much more to

the Merger & Acquisition Laws than this, and you will undoubtedly benefit from undertaking

some reading and study of your own. It is creditable if you, in respect of the proper use of

independent research and study, follow up in the Law Library some of the case references,

periodical articles or other material referred to in the prime textbook or in class – or even to

do some research of your own. For supplementary reading, you could, for instance, begin by

consulting the relevant sections of the “alternative” texts placed on loan in the law library.


online databases including SCC Online, Manupatra, Lexis-Nexis, Hein-online, Emerald,

Ebrary, Westlaw, Kluwer Competition Law, International Taxation, Ebsco’s, CLA,

JSTOR, SCC Online, Kluwer Arbitration, Journal of Moral Education, Kluwer Patent

Law, Web of Science, SCOPUS, & Global Business Review, Pearson, and offline database

including AIR.

5. ASSESSMENT

You will be examined in this course by Internal (40%) and External (60%) assessment format.

Internal examination will be conducted for 40 marks, which includes one project (10 marks)

one tutorial (20 marks) and viva voce (10 Marks).




C. Mode of Third Internal Assessment - (Viva-Voce) - (10 marks)

External Assessment: The Symbiosis International (Deemed University) will conduct

external written examination for 60 marks at the end of the Semester. It consists of ten

objectives (2 marks each=20 marks) and 4 subjective questions (10 marks=40 marks).


You will be examined in this course by Internal (40%) and External (60%) assessment format.

Internal examination will be conducted for 40 marks, which includes one project (10 Marks),

one tutorial (20 marks each) and viva voce (10 marks).

A. Project mode and Schedule

First Component is Research Project –where each learner will be required to review the

allotted project to be evaluated out of 10 marks. The Project Topic will be allotted by

Course In charge as per schedule laid down herein below.

The Research project is aimed at improving research and analytical skills to make students

learning academically more challenging and rigorous than standard lecture and test format

courses

The details about the rules and format of submission are annexed with this document.

(Refer to Enclosure A).

Project –Submission Guidelines:

Please note that you are required to submit it to Course In-charge, Mr. Eish Taneja, a hard

copy of your project on or before the date of submission. It should comprise of details of

the learner (Name, PRN, Division and Programme).

The project should be accompanied with Turnitin generated plagiarism report. No

submission will be accepted without plagiarism report. Only after Plagiarism check, the

project will be evaluated for 10 marks. As per the anti-plagiarism, the projects with more

than 20% plagiarized content shall be marked „zero‟.

Note: Please make sure to rename the project file on your name and PRN Number before

uploading on the Turnitin software.

Example: Tim_James_03122019.docx

Following are the guidelines for the project:

i. Project will be allotted by Course In charge.

ii. Word Limit (Not more than 2500 words)

iii. No Spiral Binding / plastic covers, only stapled copy.

iv. Printing to be done on both sides

v. Plagiarism report to be attached by the learners (Max. Limit – 15-20%)

vi. No handwritten submissions shall be taken

vii. Late submission will invite the deduction of two marks per day. Deduction of the

marks to be calculated from the last date of submission.

Schedule – Project

Project Assignment Submission

Result

July 4, 2019 August 7, 2019

August 14, 2019


Tutorial – Written Examination Second Component will be Tutorial –Open

problems/questions, which carries 20 marks having at least two questions. The tutorial will

give you an opportunity for assessing your learning of Merger & Acquisition Laws. Tutorial

also provide you with an opportunity to develop written skills of presentation and reasoned

argument. Lack of preparation and a fortiori non-attendance will mean that you will fail to

make the most of the learning opportunities provided by this tutorial. In order to achieve the

two stated skills objectives i.e. Presentation and problem solving skills, tutorial is scheduled

in this semester.

Tutorial: There will be one tutorial. Tutorial will carry 20 marks (Total=20 marks). Tutorial

will be an Open book.

It is Open Book Examination i.e. examinees are allowed to bring and use any material

including Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It does

not include use of any electronic gadgets, machine or alike material.

Schedule - Tutorial

Tutorial

Date

Topic

Test

Result

One

August 28,

2019

September

6 , 2019

Topic 1,2,3,4,5 & 6 as per the Lecture

Outline

Discussion on Banyan Tree: To understand the process of tutorial and to make preparation

for the same, two online sessions (situation based) with the use of Banyan Tree @ Curiosity,

will be conducted as follows:


Session

Date of Uploading

‘Cases and Open

problem/question’’ by

the faculty

Last-date for

uploading reply by

the students

Attendance

I

July 26, 2019 (8 pm) July 28,2019

One Lecture

II

August 10, 2019 (8 pm) August 12,2019

One Lecture

These sessions are COMPULSORY for all learners. Your quality response/answer/reply


respond/answer/reply within stipulated Date and Time allotted, will be granted attendance

for “One Lecture‟. No response from a learner will result in absentee of the said learner.

Please remember attendance so granted for the session/s will form part of the total lectures

and thus attendance.

C. Viva voce Schedule

Viva voce examination will be of ten marks. The syllabus for the viva voce will be the

syllabus covered till August 31, 2019.

Parameters for the viva voce examination:

Parameters Weightage of Marks

Knowledge & Application of concepts 6 Marks

Professionalism 1 Marks

Confidence 1 Marks

Communication Skills etc. 2 Marks

Schedule - Viva Voce Examinations

Roll Numbers Date

Time

1-20 September 16, 2019

11:45 AM onwards

21-40 September 17, 2019

11:45 AM onwards

41-60 September 22, 2019 11:45 AM onwards

61 onwards September 23, 2019 11:45 AM onwards


Please note, if you are on Internship with exemption from attending classes, duly

acknowledged by the T & P Cell, or, you are on Assessment Internship, duly

acknowledged by the T & P Cell, and your Viva-voce Examination falls on either of such

duration, you must follow the following process to seek alternate date for Viva-voce

Examination:

I. Write an email to Faculty In-charge, Dr. Megha Chauhan at [email protected]

stating the above;

II. Attach documentary evidence (PDF) of your Internship being acknowledged by the T &

P Cell;

III. Attach documentary evidence (PDF) of you being granted exemption from attending

classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-charge, and alternate date

for Viva-voce Examination will be allotted by the Course In-charge.

No request to change the date for Viva-Voce examination will be entertained if above

process is not followed on or before 1st September, 2019. No Viva-Voce examination

will be taken after October 10, 2019.

7. Administrative Arrangements

The Course In-charge for Merger & Acquisition is Mr. Eish Taneja. Should you have any

problems with your work, please feel free to meet him. For that purpose, seek appointment

through email.

8. Office Hours and Contact Information

Please contact the course in-charge via email: [email protected]. We welcome your

questions and your comments.


Annexure A


Merger and Acquisition

The Maximum Marks for the project are 10. The final copy of the project should be presented in

accordance with the following specifications:

1. The paper used for printing shall be of A4 size.

2. Printing shall be in a standardized form and in one-and-a-half spacing.

• Font: Verdana



• MS Word: 2003-7 Versions,



3. A margin of one-and-a-half inches shall be left on the left hand side.

4. The title of the project, name of the candidate, degree, faculty, university, month and year of

submission, and the name of the research guide with his/her designation and full official address

shall be printed on the first page and on the front cover as given in Appendix „A‟.

5. A certificate (Appendix „B‟) affirming that the research work of the candidate is original, and

that the material, if any, borrowed from other sources and incorporated in the thesis has been duly

acknowledged should be signed by the candidate and counter signed by the research guide. It

should also state that the candidate himself/herself will be held responsible and accountable for

plagiarism, if any, detected later.

The candidate and research guide should further certify that research papers, if any, published

based on the research conducted out of and in the course of the study.

6. The first few pages of the thesis should be given as per Appendix „C‟.

7. Bibliography should be written alphabetically as per Appendix „D‟.

Appendix ‘A’ – Front Page and Cover


----------------------------------------------------------------------------------

---------------------------------------------------------------

----------------------------------------------------

Submitted by


-----------------------------------------

Division.... Roll No....Class...



In

Month, year


Name of guide

-----------------------------------

Appendix ‘B’ – Certificate

C E R T IF IC AT E

The Project entitled “_________________________________” submitted to the Symbiosis Law

School, NOIDA for Merger & Acquisition as part of Internal assessment is based on my original

work carried out under the guidance of ______________ from ________ to __________. The

research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been duly

acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any,

detected later on.


Date:

Appendix ‘C’ – first few pages

First few pages of the thesis should be as under:

Page 1- Title page (Appendix A)

Page 2- Certificate (Appendix „B‟) signed by candidate and counter signed by research guide

Page 3- Acknowledgements

Page 4- Index

Page 5- List of Tables (If any)

Page 6- List of Figures (If any)

Page 7- Bibliography

Appendix ‘D’- Bibliography



The entries in the bibliography should be made adopting the Harvard APA Referencing System.

Appendix “B‟ – Certificate


The project entitled

“•••••••••••••••••••••••••••••••••••••••••••••••••••••••••

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••

•••••••

••••••••••••••••••••••••---------------------”

submitted to the Symbiosis Law School, NOIDA for Mergers and Acquisitions as part of

Internal assessment is based on my original work carried out under the

guidance of from to . The research work has not

been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the submission has been duly

acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any,

detected later on.

Signature of the

candidate Date:

Appendix “C‟- Bibliography

RULES OF CITATION/BIBLIOGRAPHY

The Bibliography should contain a list of all the books, journals, articles and pamphlets that

the researcher has consulted during the course of the study. It should be arranged

alphabetically.

The entries in the bibliography should be made adopting the following order:

For books the order should be as under:

1. Name of author, last name first, followed by initials

2. Title of book in italics

3. Place, publisher and year of publication

4. Number of edition/volume.

5. The pagination

E.g., Kothari, CR. “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd.,

1978, pp 43-46.

In case you use book by two or more authors then citation should be written in the

following way:

Kothari, CR., & Kothari, RC “Quantitative Techniques”, New Delhi, Vikas Publishing House

Pvt. Ltd., 1978, pp 43-46.

Kothari, CR., Kothari, RC & Patil, CR, “Quantitative Techniques”, New Delhi, Vikas

Publishing House Pvt. Ltd., 1978, pp 43-46.

For journals, articles and pamphlets the order should be as under:

1. Name of author, last name first followed by initials

2. Title of article, in quotation marks

3. Name of periodical, in italics

4. The volume and number of journal or periodical


6. The pagination

Robert, VR. “Coping with Short-term International Money Flows”, the Banker, London, Vol

VII, No 4, Sept 1991, p 995

In case you use an article by two or more authors then citation should be written in the

following way:

Robert, VR, & Robert, RV, “Coping with Short-term International Money Flows”, the

Banker, London, Vol VII, No 4, Sept 1991, p 995.

Robert, VR., Robert, RV & Michael, VR, “Coping with Short-term International Money Flows”,

the Banker, London, VII, No 4, Sept 1991, p 995.

For Online Contents including Databases,

Website ARTICLE FROM A DATABASE

Schredl, M., Brenner, C., & Faul, C. (2002), “Positive Attitude towards Dreams: Reliability

and Stability of Ten-item Scale”, North American Journal of Psychology, 4, 343-346.

Retrieved on December 16, 2004 from Academic Search Premier Database.

NON-PERIODICAL DOCUMENTS ON THE INTERNET

Library and Archives Canada (2002), “Celebrating Women‟s Achievements: Women Artists

in Canada”, Retrieved on December 16, 2004, from

http://www.collectionscanada.ca/women/h12-500-e.html

ARTICLE IN A NEWSPAPER OR MAGAZINE

Semenak, S. (1995, December 28), “Feeling right at home: Government residence eschews

traditional rules. Montreal Gazette, p. A4.

Driedger, S. D. (1998, April 20), “After Divorce”, Maclean‟s, 111(16), 38-43

In place of the above rules of citation, if student feels to use Blue Book of Citation, it is

authorised. Copy of the same is available in the Symbiosis Law School, NOIDA library on

request.

(Please note: Students are required to submit copy of the Project to CA Eish Taneja)

CA Eish Taneja

(Course-in-charge, Mergers and Acquisitions)


(email: [email protected])




Semester VII

Batch 2015-20

Teaching Plan

BANKING LAW

BY

Saurabh Chandra



July 2018- October 2018

1. INTRODUCTION

The financial stability and economic development of nation is determined with

reference to the sound banking system. Banks plays a vital role in achieving goal of

economic progress. Banks performs major functions like lending and borrowing ie

banks accepts deposits from the public and it utilizes them for lending to the

ultimate borrowers. The economic progress of a nation and development of banking

is invariably interrelated. The Banking sector is an indispensable financial service

sector supporting development plans through channelizing funds for productive

purpose. Banks and financial institutions are the backbones of financial sector of an

economy. Wellbeing of banks and financial institutions is very vital for the capital

flow into the economy by their two way functioning is accepting deposits and

lending. With regard to lending business all the banks and financial institutions

carries an inherent risk.

There was beginning of the financial sector reform initiated in the early 1990 which

was aimed to create an efficient, competitive and stable financial sector that could

contribute in greater to stimulate growth. The Government of India continuously

formulated major policies in the field of financial sector of the country. Prudential

norms were introduced for income recognition, asset classification, provisioning for

delinquent loans and for capital adequacy. New private sector banks are allowed to

promote and encourage competition. PSBs were encouraged to approach the public

for raising resources. Recovery of debts due to banks and the Financial Institutions

Act, 1993 was passed, and special recovery tribunals set up to facilitate quicker

recovery of loan arrears. Later other Legislative and Policy Initiatives have been

taken to further strengthen the banking sector.

2. LEARNING OBJECTIVES

(Knowledge, Skills and Outcomes)

A. Knowledge:

The financial sector of India is regulated by enactments by the legislature and the

circulars regulations, guidelines and/or rules issued by statutory bodies. These laws

inter-alia prescribe permissible activities by banks and other financial institutions,

relationship between the banks and its customers, the prudential norms for the

banking industry as well as methods of recovery and dispute resolution. The

economy is many ways is molded by the banking industry and this course aims to

capture the major laws and regulations regulating the banking industry.

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B. Skills

The overall objective of this undergraduate course is to inculcate you with the


communicative/employability skills; research and analytical skills and subject

specific skills.

Cognitive

The Banking laws will demand that students have the capacity to demonstrate

insight in presenting materials drawn from a wide and sometimes contradictory

range of primary and secondary sources and doctrinal commentary; and to

demonstrate an ability to produce a synthesis of those materials that offers a

personal and informed criticism.

Employability

The Banking laws will demand that students have the capacity to be able to write

and use orally fluent and complex prose; using legal terminology with scrupulous

care and accuracy

Research and Analytical Skills

The Banking Laws course will require students to research on varies aspects of law,

regulations and guidelines as well as financial aspects in relation thereto as well as

analyses their micro and macro implications on the bank as a specific entity and the

larger banking industry as a whole.

Subject Specific

The Banking Laws will demand an ability to identify and select key relevant issues

and to apply that knowledge with clarity to difficult situations of significant legal

complexity; to analyse facts and to produce well supported conclusions in relation

to them.

C. Outcomes

Two key skills will be highlighted by this course (a) case synthesis/problem solving

and (b) independent research.

These skills will be central to your success in completing this course’s scheme of

assessment.



number of cases. You will also be asked to use that knowledge to support your

answer to a number of hypothetical, factual or “problem” scenarios. In preparing

properly for tutorials, you will be preparing properly for the end of term

assessment.



independent learning i.e., the ability to take initiative in the design (individualised

approach or plan of action) and research (external legal and non-legal sources) of

the stated project. The coursework in question is deliberately broadly drawn, and is

designed to challenge you in this regard.

Final Outcome

Assessment is by compulsory coursework examination (100%) (Including Internal

(40%) and External Assessment (60%)) by the Symbiosis International (Deemed

University), Pune.

3. LECTURES




form of PowerPoint slides, and relevant study/reading material will be made

available in ‘The Library’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com. To

facilitate your understanding of these lectures, you should always read at least the

relevant pages of suggested readings in advance of each lecture.




study.”

You are notified that two online sessions with the help of ‘Banyan Tree @Curiosity’

will be conducted for Tutorial I and II. We will be expecting your response/

answer/ reply within stipulated time given. Those, who will respond/answer/reply

within stipulated time given, will be granted attendance for one lecture each. This


activity is compulsory for all and attendance so granted will form part of

the total attendance.



attendance daily online in Attendance on Curiosity Portal at

https://slsnoida.curiositylive.com.

B. Notifications

Learners are informed that notice/s, if required, with respect Academic-

Administration, either by Course in Charge or Faculty In Charge, Academic

Coordination will be sent using ‘Owl@Curiosity’. Either Course in Charge/Faculty In

Charge, Academic Coordination or Learner using ‘Library@Curiosity’ will publish no

notifications. You are required to keep yourself duly informed.

C. Lecture Outline

Week -01

July 6,2018



Lecture 3 Introduction to Banking

Week -02

July 9,2018

Topic 1: Introduction to Banking

Lecture 4- Role of banking in national economy, Evolution of

Banking industry in India, Historical significance of Central

Bank

Lecture 5- Paradigm shift in Industrial financing and banking

structure and licensing- pre and post LPG

Lecture 6- Banking Sector Reforms – Narashimhan

Committee Reports

Week-03

July 16,2018

Lecture 7- Types of banks in India and banking activities


Lecture 8- Types of banks in India and banking activities

Lecture 9 - BIS and its impact on domestic banking Sector

Week – 04

July 23,2018

Topic 2: Reserve Bank of India Act, 1934

Lecture 10 – Preamble, Main functions and Powers,

Lecture 11- Composition of Board, Financial Supervision.

Lecture 12- Business that Bank may and may not be

permitted to transact, power of RBI

Week -05

July 30,2018

Lecture 13- Provisions relating to Non Banking Institutions

receiving Deposits and Financial Institutions

Lecture 14 - Non Banking Financial Institutions

Lecture 15 - Credit Policy regulations and interventions

Week -06

August 6,2018

Topic 3 Banking Regulation Act, 1949

Lecture 16 - Business of banking companies

Lecture 17 - Business of banking companies

Lecture 18 - Management of Banking companies

Week -07

August 13,2018

Lecture 19 - Broad basing of BOD, Paid Up capital and

Voting rights

Lecture 20 - Important Regulatory Provisions

Lecture 21 - RBI’s regulatory interventions

Week -08

August 20,2018

Topic 4- BASEL Accord

Lecture 22 - BASEL I,II,III

Lecture 23 -Committees in BIS and their significance of

Indian Banking

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Topic 5. Negotiable Instruments Act, 1881

Lecture 24 - Meaning, Essential Features, Types,

Classification, Payment and Endorsement of Negotiable

Instrument.

Week-09

August 27,2018

Lecture 25 - Parties to N.I. - Capacity of Parties, Liability of

Parties

Lecture 26 - Important Concepts- Holder and Holder in due

course

Lecture 27 - Negotiation, Acceptance, Acceptance for honour

and Payment.

Week-10

September 3,2018

Lecture 28 - Dishonour of B/E – Protest, Noting and

Certification of Cheque- circumstances, Case Laws,

consequences of dishonor

Lecture 29 - Dishonour of B/E – Protest, Noting and

Certification of Cheque- circumstances, Case Laws,

consequences of dishonor

6. Banker- Customer Relationship

Lecture 30 -6.1 Definition of Banker, Customer, Case Laws

Week 11

September 10,2018

Lecture 31 - Commencement and termination of Legal

relationship

Lecture 32 - Salient features of relationship

Lecture 33- Nature of relationship –Debtor/Creditor, Agency,

Trustee, Custodian, Bailor /Bailee, Trustee; Advisory

Week -12

September 17,2018

Lecture 34- Obligation of Banker – maintain secrecy of

customer

Lecture 35 - Tourneir Principles, exception to the Principles

Lecture 36- Interface with consumer Protection Act 1986

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Week -13

September 24,2018

Lecture 37 - Case Laws

Topic 7 Recovery of Debts due to Banks and Financial

Institutions Act, 1993

Lecture 38- Salient Provisions

DRT procedures and appellate provisions

Lecture 39- other remedies for recovery

Week-14

October 1,2018

Topic 8 The Banker Book of Evidence Act 1891

Lecture 40- Important Definitions, Provisions for submission

of print outs, Mode of Proof of entries in banker’s books.

Lecture 41 - Inspection and taking out of copie, Provisioning

regarding costs

Topic 9. SARFAESI Act

Lecture 42 - Salient Features

Week-15

October 8,2018

Lecture 43 - Concept of Securtisation, ARC

Lecture 44 - Concept of Securtisation.

Topic 10 - Foreign Exchange Management Act, 1999

Lecture 45 - Important Definitions and Concepts

Week-16

October 15,2018

Lecture 46 - Permitted and Prohibited Transactions

Lecture 47- Automatic, Approval Routes

Lecture 48 -Employment of foreign Nationals

Week -17

October 22,2018

Topic 11 Prevention of Money Laundering Act 2009

Lecture 49 - Obligations of Banking Companies, Financial

Institutions and Intermediaries Sec12 to 15

Topic 12. Banking Ombudsman Scheme 2006

Lecture 50 - Banking Ombudsman

Week -18

October 29,2018



circumstances.


A. Textbook

O. P. ‘Faizi’ & Ashish Aggarwal, Khergamvala on The Negotiable Instruments

Act 20th ed., 2008

Ranganath Misra, Bhashyam & Adiga’s The Negotiable Instruments Act

18th ed., 2008

Avtar Singh, Negotiable Instruments , 4th ed., 2005

S. Krishnamurti Aiyar, Law Relating to the Negotiable Instruments Act , 10th

ed., 2009

Jyotsna Sethi and Nishwan Bhatia, Elements of Banking and Insurance, PHI

Learning Private Limited, New Delhi-1, 2008

Bhattacharya H., 2001, “Banking Strategy, Credit Appraisal & Lending

Decisions”, Oxford University Press, New Delhi, 2002

R.K. Gupta, Banking - Law and Practice 2nd ed. 2008

Mark Hapgood, Paget’s Law of Banking 13th ed., 2007

R. C. Kohli, practical approach to Sarfaesi Act, 2002 & Recovery management

in banks/financial institutions, Taxmann 1st ed., 2005

R.G.Chaturvedi, Law and Practice of secutitisation, reconstruction of financial

assets and enforcement of security interest, 1st edition, 2005

K. Panduranga Rao, Law relating to debts recovery tribunals, Asia Law House

5th ed., 2010

Gupta S.N., “Recovery of Debts Due to Banks & Financial Institutions Act,

1993” Bharat Law House Pvt. Ltd., 2nd Edition.

S A Naik, The Law of Sick Industrial Companies & BIFR 2nd ed., Nagpur:

Wadhwa & Co., 2002.

Mittal, D.P., New Law Relating to Sick Industrial Companies, Taxmann Allied

Service Pvt. Ltd., 2003.

Naik, S.A., the Law of Sick Industrial Companies, 2nd Edn. Nagpur: Wadhwa

and Company, 2003.

Prescribed Legislations

The Negotiable instruments Act, 1881

Bankers’ Book Evidence Act, 1891

Reserve Bank of India Act, 1934

Banking and Regulation Act, 1949.

New Bank Licensing Policy, 2013

Prevention of Money Laundering Act, 2002

Companies Act, 1956

Companies Act,2013

Industries (Development and Regulation) Act, 1951.

The Information Technology Act, 2000

The Provincial Insolvency Act, 1920

The Presidency-Towns Insolvency Act, 1909

Sick Industrial Companies (Special Provisions) Act, 1985

Sick Industrial Companies (Special Provision) Repeal Act, 2003

Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Securitization and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002.

Bankruptcy and Insolvency Code 2016.

Note:

• The above list is indicative and not exhaustive.

• Earlier editions/Latest Editions of a number of the above texts might also be

available and can be consulted once account is taken of their datedness,

particularly as to applicable case law.

These texts were selected because they provide in one volume a combination of

text, cases and materials, designed to be read as a whole i.e., a “one-stop shop”.


more to the Banking Laws than this, and you will undoubtedly benefit from

undertaking some reading and study of your own.

It is creditable if you, in respect of the proper use of independent research and

study, follow up in the Law Library some of the case references, periodical articles

or other material referred to in the prime textbook or in class – or even to do some

research of your own. A good resource to use is the Banking Law section of

Symbiosis Law Library and online databases such as Westlaw International, Ebrary,

LexisNexis and Manupatra available on campus network.

For supplementary reading, you could, for instance, begin by consulting the


Thereafter you could engage in your own research, with particular reference to

journals on online databases including SCC Online, Manupatra, Lexis-Nexis,

Hein-online, Emerald, Ebrary, Westlaw, Kluwer Competition Law,

International Taxation, Ebsco’s, CLA, JSTOR, SCC Online, Kluwer

Arbitration, Journal of Moral Education, Kluwer Patent Law, Web of

Science, SCOPUS, & Global Business Review.


You will be examined in this course by Internal (40%) and External (60%)

assessment format. Internal examination will be conducted for 40 marks, which

includes two tutorials (10 marks each) and a research project (20 marks). The

Symbiosis International University will conduct external written examination for 60

marks at the end of the Semester. It consists of ten objectives (2 marks each=20

marks) and 4 subjective questions (10 marks=40 marks).

6. TUTORIAL/PROJECT

A. Tutorials/ Project Timetable

There will be two tutorials. Tutorial will be an Open book Exam.

Each tutorial will carry 10 marks each (Total=20 marks). Each student will attempt

it on all occasion. One research project will be undertaken by learners which will be

evaluated out of 20 marks i.e. Written Submissions: 15 Marks [Interim (05) + Final

(10)] and Viva Voce Examination: 5 Marks.

It is Open Book Examination i.e. examinees are allowed to bring and use

any material including Books, Articles, Hand Written Notes, Hand Outs and

alike printed material. It does not include use of any electronic gadgets,

machine or alike material.

Tutorials

Tutorial

Date

Topic

Mode

Test

Result

One

August 9,2018

August

21,2018

Topic 1: Introduction

to Banking

Topic 2: Reserve

Bank of India

Act,1934

Written Test

Two

September

14,2018

September

25,2018

Topic 6

Bankers – Customer

Relationship.

Topic 7 Recovery of

Debts due to Banks

and Financial

Institutions Act,

1993

Written Test

Project

Project Assignment

Submission

Result

Interim Final

July 7,2018

July 30,2018

August 27,2018

September 27,2018


Tutorial - I Tutorial – II

Date of Uploading

‘query’ by the

faculty

August 1,2018

@ 8:00 PM

September 3,2018

@ 8:00 PM

Last-date for

uploading reply

by the students

August 3,2018

@ 8:00 PM

September 5,2018

@ 8:00 PM

B. Tutorial & Presentation

The tutorials will give you an opportunity for assessing your learning of Banking

Laws. It should be obvious that the better you are prepared to take part in such

test, the more you will learn from it and excel in both examination as well as

understanding of Banking Laws. Tutorials also provide you with an opportunity to

develop written skills of presentation and reasoned argument. Lack of preparation

and a fortiori non-attendance will mean that you will fail to make the most of the

learning opportunities provided by these tutorials. In order to achieve the two

Viva Voce Examinations

Date

Roll Numbers

Time

September 24,2018

1-20

11:30 AM- 4:30 PM

September 25,2018

21-40

11:30 AM- 4:30 PM

September 26,2018

41-60 11:30 AM- 4:30 PM

September 27,2018

61 onwards 11:30 AM- 4:30 PM

stated skills objectives i.e. Presentation and problem solving skills, two tutorials are


Tutorial: There will be two tutorials. Each tutorial will carry 10 marks each

(Total=20 marks). Tutorial will be an Open book Exam.

C. Research Project

Research project is aimed at improving the writing, research, and communication

and presentation skills to make students learning academically more challenging

and rigorous than standard lecture and test format courses. It also aims at

promoting scholarship in this significant field of law, which has gained much

momentum in practice but often lacks solid theoretical underpinnings due to lack or

inadequacy of statutory provisions. It further aims to enhance learning capability by

research amongst the learners, creative a forum for enhancing a greater dialogue

between the scholarly community, policymakers and practitioners. The details

about the rules of submission are annexed with this document. (Refer to

Enclosure A) It is further informed that learners must use ‘Harvard APA

Referencing System’.

Note: The project topics will be uploaded at Library@Curiosity as per

schedule.

Project – Interim Submission – Guidelines: Please note that you are required

to submit to Prof. Saurabh Chandra, hard copy of the Interim submission of your

project on the date of submission. It should comprise of Details of the Learner

(Name, PRN, Division and Programme), Title of the Project, Introduction to the

Project, Synopsis of the Project and Conclusion. Interim submission will be

evaluated out of 5 marks.

Project – Final Submission – Guidelines: You will submit one bound copy of the

Project along with the hard copy of the approved interim submission (original) to

Prof. Saurabh Chandra. Do not forget to send soft copy of the Final Project by email

to [email protected] on the due date.

7. ADMINISTRATIVE ARRANGMENTS

The course will be offered by Mr. Saurabh Chandra. Students are encouraged to visit

or write to the concerned faculty for queries and concerns about the course.

8. OFFICE HOURS AND CONTACT INFORMAION

If few doubts remain, please contact me via email: [email protected]. or

during office hours.


Annexure A


Banking Laws

The Maximum Marks for the project are 20 (Written Submissions: 15 Marks

[Interim (05) + Final (10)] and Viva Voce Examination: 5 Marks). The final copy of

the project should be presented in accordance with the following specifications:

1. Typewriting shall be in a standardized form in single line spacing with following

specifications:

• Paper Size: A4


• Font: Verdana




• Page layout: left-1.5 cm, Top-Right-Bottom - 1 cm


• Use ‘End Notes’ and not ‘Foot Notes’

2. The title of the project, name of the candidate, degree, faculty, university, month

and year of submission, and the name of the research guide with his/her

designation and full official address shall be printed on the first page and on the

front cover as given in Appendix ‘A’.

3. A certificate (Appendix ‘B’) affirming that the research work of the candidate is

original, and that the material, if any, borrowed from other sources and

incorporated in the research project report has been duly acknowledged should be

signed by the candidate. It should also state that the candidate himself/herself

would be held responsible and accountable for plagiarism, if any, detected later.

4. Bibliography should be written alphabetically as per Appendix ‘C’.



----------------------------------------------------------------------------------

---------------------------------------------------------------

----------------------------------------------------

Submitted by


-----------------------------------------




In

Month, year


Name of guide

-----------------------------------

Designation and official address of guide


C E R T IF IC AT E

The Project entitled “_________________________________” submitted to the

Symbiosis Law School, NOIDA for Banking Laws as part of Internal assessment is

based on my original work carried out under the guidance of ______________ from

________ to __________. The research work has not been submitted elsewhere

for award of any degree.

The material borrowed from other sources and incorporated in the submission has


I understand that I myself could be held responsible and accountable for

plagiarism, if any, detected later on.


Date:

Appendix ‘C’- Bibliography


The Bibliography should contain a list of all the books, journals, articles and

pamphlets that the researcher has consulted during the course of the study. It

should be arranged alphabetically.







5. The pagination

E.g., Kothari, CR. “Quantitative Techniques”, New Delhi, Vikas Publishing House

Pvt. Ltd., 1978, pp 43-46.

In case you use book by two or more authors then citation should be

written in the following way:

Kothari, CR., & Kothari, RC “Quantitative Techniques”, New Delhi, Vikas Publishing

House Pvt. Ltd., 1978, pp 43-46.

Kothari, CR., Kothari, RC & Patil, CR, “Quantitative Techniques”, New Delhi, Vikas

Publishing House Pvt. Ltd., 1978, pp 43-46.







6. The pagination

Robert, VR. “Coping with Short-term International Money Flows”, the Banker,

London, Vol VII, No 4, Sept 1991, p 995

In case you use an article by two or more authors then citation should be

written in the following way:

Robert, VR, & Robert, RV, “Coping with Short-term International Money Flows”, the

Banker, London, Vol VII, No 4, Sept 1991, p 995.

Robert, VR., Robert, RV & Michael, VR, “Coping with Short-term International

Money Flows”, the Banker, London, VII, No 4, Sept 1991, p 995.

For Online Contents including Databases, Website

ARTICLE FROM A DATABASE

Schredl, M., Brenner, C., & Faul, C. (2002), “Positive Attitude towards Dreams:

Reliability and Stability of Ten-item Scale”, North American Journal of Psychology,

4, 343-346. Retrieved on December 16, 2004 from Academic Search Premier

Database.


Library and Archives Canada (2002), “Celebrating Women’s Achievements: Women

Artists in Canada”, Retrieved on December 16, 2004, from



Semenak, S. (1995, December 28), “Feeling right at home: Government residence

eschews traditional rules. Montreal Gazette, p. A4.

Driedger, S. D. (1998, April 20), “After Divorce”, Maclean’s, 111(16), 38-43

In place of the above rules of citation, if student feels to use ‘Blue Book of Citation’,

it is authorised. Copy of the same is available in the Symbiosis Law School, NOIDA

library on request.

(Please note: Students are required to submit copy of the Project to Mr.

Saurabh Chandra, Assistant Professor)

Saurabh Chandra

(Course-in-charge, Banking Law )





Teaching Plan

COMPETITION LAW

Semester II

Batch 2019-20

BY

Dr. Vijay Kumar Aggarwal



Pune

December 2019 - April 2020

2

1. INTRODUCTION

The objective behind teaching the “Competition Law” is to make the students aware

of one of the most debated and absorbing law of the recent times. Most of the

companies operate across borders and hence, it becomes essential that the

companies have a working knowledge of the competition law principles of the

jurisdictions in which they operate.

The Competition Commission of India (“CCI”) is emerging as one of the most

assertive market regulators in India. The Competition Act aims to prevent

practices with adverse impact on competition, promote competition in the market

and to promote the welfare of the consumers. The CCI has been given vast

enforcement powers by the Competition Act and the CCI, in practice, has also

levied heavy fines on enterprises who have been acting in violation of the

provisions of the Competition Act.

Given this enforcement mindset, it is imperative that every enterprise ensures

that its practices are in compliance with the provisions of the Act as non-

compliance will result in huge fines, apart from consequential cascading effects

such as reputational loss and change in business practices. Given such a

regulatory backdrop, it is imperative that students are made aware of the

principles of competition law with reference to EU and US law. It is vital that

everyone should have a working knowledge of Competition Act since it redefines

the manner in which businesses are to be done in India.


A. Learning Objectives

The overall objective of this course is to enable you to (i) demonstrate knowledge

and understanding of the wide range of legal concepts, values, principles, rules and

procedures of competition law; (ii) demonstrate a comprehensive and accurate

knowledge and understanding of the detail of the competition law and at the same

3

time understanding the interplay between different laws and competition law; (iii)

practical manner in which the CCI interprets the Act by help of case study; and (iv)

international experience in US and EU, etc.

The specific objectives of the course is to enable you to acquire (i) a general

understanding of the principles upon which it is decided whether a particular

agreement or activity is harmful for the competition in the market and (ii) the

authority (CCI) responsible for promoting and maintaining the competition in the

market and the procedure adopted by it in case of complaints. The first of these

objectives requires you to understand some basic definitions and concepts required

to assess the anti-competitive nature of a particular agreement or activity.

B. Learning Outcome(s):

On completion of the course, the following outcomes will be aimed:

•To acquaint with the framework regulating anticompetitive agreements and

collusions in India

•To acquaint with the framework regulating mergers in India

To acquaint with the framework regulating combinations in India

•To acquaint with the framework for interface between completion law and other

spheres

•To acquaint with the regulatory framework for the adjudication of Competition

matters in India

C. Final Outcome

Assessment is by compulsory coursework examination (60% Internal + 40%

External= 100%) under the auspices of the Symbiosis International (Deemed

University.

3. LECTURES


Lecture timings for this course have been set aside. Please verify from the

4

timetable. In addition to regular classes, two Banyan Tree sessions will be

conducted which will form part of attendance as well. Please refer to the Banyan

Tree sessions scheduled as given under Tutorial mode and Schedule. Relevant

material for the next lecture or for answering the questions posted on Banyan Tree

will be made available in „The Library‟ on „Curiosity‟ Portal at

www.curiosity.symlaw.edu.in. In addition, Session Plan/Course Material will be also

be provided containing Suggested Reading such as Books; Journal Articles and

cases as decided by Judiciary related to the course. To facilitate your understand of

these lectures, you should always read at least the relevant pages of suggested

reading prior to each lecture.

As per Symbiosis International University Regulations, please note,

“Students are expected to attend minimum 75% of all scheduled sessions

and other forms of instruction as defined by the programme of study.”



attendance daily online in „Attendance‟ on „Curiosity‟ Portal at


B. Notifications

Learners are informed that notice/s, if required, with respect to Academic

Administration, either by course-in-charge or faculty-in-charge, Academic

Coordination will be sent using owl@curiosity. No notifications will be published

by course-in-charge/faculty-in-charge, Academic Coordination or Learner

using library@curiosity. You are required to keep yourself duly informed.

C. Lecture Outline

Week -01

December 30, 2019

Topic 1: An Introduction and Overview-

Competition Policy and Competition Law

Lecture 1- Syllabus Preview



5


Week -02 January 6, 2020

Lecture 3- Development of Competition Law: Socialism

and Competition; Classical and Neo-classical

Competition; Why Competition? The economic rationale

Lecture 4- Competition Policy Debate- Harvard v.

Chicago School; The Background Setting leading to the

Act

Week-03:

January 13, 2020

Topic 2: International Experience: Competition Law

in selected Jurisdictions (US and EU)

Lecture 5- US Competition law

Lecture 6- Continuation of US Competition law

Week -04:

January 20, 2020

Lecture 7- EU Competition law

Lecture 8- Continuation of EU Competition law

Week-05:

January 27, 2020

Topic 3- Competition Law in India: Evolution,

Development and Analysis

Lecture 9- Legislative History of MRTP Act, etc.

Lecture 10- Legislative History of Competition Act, etc.

Week-06:

February 3, 2020

Topic 4- Anti-competitive Agreements and Collusion (Sec. 3)

Lecture 11- Similarities/Distinctions of the provisions under the MRTP Act, Competition and Consumer

Protection Act Lecture 12- Rationale for prohibition of anti-competitive agreements

Week-07:

February 10, 2020

Lecture 13- Types of Agreements- Horizontal and Vertical

agreements

Computer

Highlight

6

Lecture 14- Continuation of types of Agreements

Week-08:

February 18, 2020

Lecture 15- Competition law of EU

Lecture 16- Competition law of UK

Week-09: February 24, 2020

Lecture 17- Competition law of US

Topic 5: Abuse of Dominant Position (Sec. 4)

Lecture 18- General principles and rationale for abuse,

assessing relevant market

Week-10:

March 2, 2020

Lecture 19- Dominant position and identification of its

existence

Lecture 20- Remedies in case of abuse of dominant

position

Week-11:

March 9, 2020

Lecture 21- Comparative law: EU abuse of dominant

position Lecture 22- Comparative law: UK abuse of dominant

position

Week-12:

March 16, 2020

Topic 6- Merger Control under Competition Law (Regulation of Combinations S. 5 and 6)

Lecture 23- Types of mergers: Horizontal/Vertical; Definitions of combinations

Lecture 24- Pre-notification requirements, exempted

transactions, filing requirements

Week-13:

March 23, 2020

Lecture 25- Analyzing/ evaluating combinations

Lecture 26- Leading Indian case laws

Week-14: March 30, 2020

Lecture 27- Comparative law: US

Lecture 28- Comparative law: EU

Week-15:

April 6, 2020

Topic 7: Intellectual Property and Competition law

Lecture 29- Fundamental Aspects of Intellectual property and Competition law, TRIPS and Competition issues

Lecture 30- Essential facilities doctrine, Licensing of

Computer

Highlight

7

Intellectual property rights, Anti-competitive settlements

of Intellectual property rights

Week-16:

April 13, 2020

Lecture 31- Intellectual property rights and Competition

Act, Application of Sec. 3 and IPRs Lecture 32- Penalty provisions

Week-17:

April 20, 2020

Topic 8: Competition Authorities

Lecture 33- Competition Commission of India, Regulatory mechanism of CCI, Features and operations of CCI

Week-18:

April 27, 2020

Lecture 34- National Company Law Appellate Tribunal

,Director General: Duties, powers and functions. Interface between CCI and other sectoral regulators

* The schedule will be followed, subject to change/s due to


4. READING AND MATERIALS Suggested Readings:

Adi P. Talati and Nahar S. Mhala, Competition Act, 2002- Law, Practice And

Procedure, Commercial Law Publishers (India) Pvt. Ltd. (2006)

Barry J Rodger and Angus MacCulloch, Competition Law And Policy In The

EC And UK , 293-295, Cavendish Publishing Limited, 3rd ed. (2004)

Cedric Ryngert, EC Competition Law Giorgio Monti, Cambridge University

Press (2007)

Cedric Ryngert, Jurisdiction over Cross–Border Mergers: A US–EU

Perspective. Competition Law – Emerging Trends, 94-124, P.

Satyanarayana Prasad ed., The ICFAI University Press, Amicus Books, 1ST

ed. (2007)

Clifford A. Jones, The Evolution Of European Competition Law- Whose

Regulation, Which Competition? 17-37, Edward Elgar Publishing Limited

(2006)

Computer

Highlight

8

Giorgio Monti, Law in Context : EU Competition Law 245-247, Cambridge

University Press, (2007)

Macher M. Dabbah, EC & UK Competition Law : Commentary, Cases and

Materials, 414, Cambridge University Press (2004)

Manish Agarwal, Mergers and Acquisitions India – Implications for

Competition, Towards A Functional Competition Policy For India– An

Overview, 63-71, Pradeep S Mehta ed., Academic Foundation (2005)

Patrick Massey, Criminalization and Leniency: Will the Combination

Favourably Affect Cartel Stability? Remedies and Sanctions in Competition

Policy in Criminalization of Competition Law Enforcement, 61, Katalin J.

Cseres et al. eds. (2006)

Peter C. Carstensen and Susan Beth, Competition Policy And Merger

Analysis In Deregulated And Newly Competitive Industries, Edward Elgar

Publishing Limited (2008)

Peter Willis, Introduction To EU Competition Law, Informa Professional ed.,

(2005)

T. Ramappa, Competition Law in India – Policy, Issues, and Developments,

183-225, Oxford University Press, 2nd Ed. (2009)

William E. Kovacic, Competition Policy and Cartels: The Design of

Remedies, In Criminalization Of Competition Law Enforcement, 42 Katalin

J. Cseres et al. eds. (2006)

Wouter P. J. Wills, Is Criminalization of EU Competition Law the Answer? In

criminalization of Competition Law Enforcement, 61, Katalin J. Cseres et

al. eds. (2006)

Further Readings:

1. Journals

Adi P. Talati & Nahar S. Mahania, COMPETITION ACT, 2002 : LAW,

PRACTICE AND PROCEDURE 118 (Commercial Law Publishers, 2006)

Ajit Kumar Iddya, Institute of Chartered Accountants of India, 3 Comp LJ

564 (1994)

Anna Katharina Wolf, 15 Colum. J. Eur. L. F. 55 (2009)

9

Baker D., The Use of Criminal Law Remedies to Deter and Punish Cartels

and Bid-Rigging, 69 GEORGE WASHINGTON LAW REVIEW 693 at 705

(2001)

Bauer J., Reflections on the Manifold Means of Enforcing the Antitrust

Laws: Too Much, Too Little, or Just Right? 16 LOYOLA CONSUMER LAW

REVIEW 303 at 307 (2004)

Beena Saraswathy, Cross-Border Mergers and Acquisitions in India:

Extent, Nature and Structure, Working Paper Series, July, 2010

Chandrashekar Krishnamurti & Vishwanath S.R. Cross-Border Acquisitions,

187-88 (Response Book, 2008)

Charles W. Smitherman III, The Future of Global Competition Governance:

Lessons from the Transatlantic, 19 Am. U. Int'l L. Rev. 769 (2004)

Coffee J., No Soul to Damn: No Body to Kick’: An Unscandalized Inquiry

into the Problem of Corporate Punishment, 79 MICHIGAN LAW REVIEW

387, at 401-402 (1981).

Douglas H. Ginsburg & Joshua D. Wright, Who Should Be the Target of

Cartel Sanctions? Competition Policy International 6 (2010)

Draft Merger Regulation, Recital 28 as cited in Nicholas Levy, EU Merger

Control : From Birth to Adolescence (Kluwer Law International, 2003)

Erin E. Holland, Using Merger Review to Cure Prior Conduct: The European

Commission’s GE/HONEYWELL Decision, 103 Columbia Law Review 75-78

(2003)

Esha Shekhar and Vasudha Sharma, Cross-Border Mergers in Light of the

Fallout of the Bharti-MTN Deal (2011)

Gary S. Becker, Crime and Punishment: An Economic Approach, 76 J. POL.

ECON. 169, 177 (1968; see also William M. Landes, Optimal Sanctions for

Antitrust Violations, 50 U. CHI. L. REV. 652, 656 (1983); George J. Stigler,

The Optimum Enforcement of Laws, 78 J. POL. ECON. 526, 527 (1970)

Hannay, William M. Transnational Competition Law Aspects of Mergers and

Acquisitions. 20 Northwestern Journal of International Law & Business 287

(2000)

Kanika Goel & Jasreet Kaur, Merger Control Regime-Old game: New rules,

44 SCL 109 SCL (2011)

http://www.westlaw.com/Find/Default.wl?rs=WLUK1.0&vr=2.0&DB=PROFILER-WLD&DocName=0307433301&FindType=h

10

Kanika Goel & Jasreet Kaur, Merger Control Regime - Impact and Issues,

19 taxmann.com 101 (2012)

Kraakman R. Corporate Liability Strategies and the Costs of Legal

Controls” 93 THE YALE LAW JOURNAL 857 at 882 (1984)

Manish Agarwal, Do Merger Regulation Regime Impede Cross-Border

Mergers and Acquisitions? Centre for Regulation and Market Analysis,

University of South Australia

Matthew C. Franker, Restoration: International Merger Review in the Wake

of General Electric/Honeywell and the Triumphant Return of Negative

Comity 36 George Washington International Law Review 877 (2004)

Menedithi M. Brown et. al., Special Considerations For Cross-Border

Transactions, 267-268 (Aspen Law & Business, 2001)

Michael G. Egge, Matteo F. Bay and Javier Ruiz Calzado, Special Feature:

Developments in International Competition Law the New EC merger

Regulation: A Move to Convergence, American Bar Association, Antitrust

(2004)

Michael Harke, Cross-Border Mergers in the EU : The Commission v. The

Member States, European Competition Journal 503-535 (2007)

Nicolas Coeurdacier et al., Cross-Border Mergers and Acquisitions –

Financial and Institutional Forces, 1018, Working Paper series, European

Central Bank (2000)

OECD Competition Committee Working Party No. 3 Discussion Paper,

Sanctions Against Individuals, Including Criminal Sanctions, in Prosecuting

Cartels 3 (August 2003)

Patricia Carmona Botana, Prevention and Deterrence of Collusive

Behaviour: The Role of Leniency Programs, 13 COLUM. J. EUR. L. 47 at 2

Peter Verloop & Valerie Londes, Merger Control In Europe, 28 Kulwer Law

International, 4th ed. (2003)

Pradeep S Mehta, Challenges for Developing Economies on Competition

Law Enforcement in the Face of Cross-Border Mergers and Acquisitions,

CUTS (2011)

11

R.E. Falvey and P.J. Lloyd, The Economic Analysis of Extraterritoriality

Centre for Research on Globalization and Labour Markets, 99/3

Raphael de Coninck, Application of the Non-Horizontal Merger Guidelines,

4 The Antitrust Bulletin 929 (2010)

Sarah Sevens, Increased Aggression of the EC Commission in

Extraterritorial Enforcement of the Merger Regulation and its Impact on

Transatlantic Cooperation in Antitrust, 29 Syracuse Journal of International

Law & Com. 263 (2001-2002)

Shubham Khare & Niharika Maske, Mergers, Amalgamations and

Acquisitions under Competition Act, 2002 : An Analysis, 4 Company Law

Journal 50-54 (2009)

Stone C. Sentencing the Corporation, 71 BOSTON UNIVERSITY LAW

REVIEW 383 at 389 (1991)

The seminal analysis is in Gary S. Becker, Crime and Punishment: An

Economic Approach, 76 J. POL. ECON. 169 (1968). See also William M.

Landes, Optimal Sanctions for Antitrust Violations, 50 U. CHI. L. REV. 652

(1983)

Wouter P.J. Wils, Is Criminalization of EU Competition Law the Answer?

EUROPEAN COMPETITION LAW ANNUAL 2006

2. Electronic Reference

Commission‟s notice, Guidelines on he assessment of the non-horizontal

merger regulation under the council regulation on the control of

concentration between undertakings available at:

http://ec.europa.eu/competition/mergers/legislation/nonhorizontalguidelin

es.pdf

Dr. Vijay Kumar Sharma &Rakesh Kumar Sharma, Cross-border merger

and acquisition with special reference to India available at:

www.indianmba.com/faculty_column/fc720/fc720.html

Pradeep S. Mehta and Ujjwal Kumar, Competition Law Should have a

Special Provision to Check Cartels, The Financial Express, 14 July, 2001,

available at: http://www.cuts-international.org/article_comp.htm

http://ec.europa.eu/competition/mergers/legislation/nonhorizontalguidelines.pdf

http://ec.europa.eu/competition/mergers/legislation/nonhorizontalguidelines.pdf

http://www.indianmba.com/faculty_column/fc720/fc720.html

http://www.cuts-international.org/article_comp.htm

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Priyanka Wasan, Effect Doctrine in cross-Border Mergers, available at:

www.cci.gov.in/images/media/.../Priyankawasan31jan2012.pdf

Ravi Pratap Singh, Implications of Cross-border mergers under Indian

Competition Law: A Comparative study with E.U. & U.S. jurisdictions)

available at:

www.cci.gov.in/images/media/ResearchReports/RavPratapSingh.pdf

Rohit Chodhary, Effect of Competition Law on Mergers and Acquisitions

available at: www.legalindia.in/effect-of-compitition-law-on-mergers-and-

acquisit.

Suhita Mukhopadhyay, Cross - Border Mergers, Acquisitions, and Valuation

available at: www.lawyersclubindia.com

OECD, Report on the Nature and Impact of Hard Core Cartels and

Sanctions Against Cartels Under National Competition Laws, 2002, at 12;

Andreas Stephan, Beyond the Cartel Law Handbook: How Corruption,

Social Norms and Collectivist Business Cultures Can Undermine

Conventional Enforcement Tools 4–5 (Econ. & Soc. Research Council Ctr.

for Competition Pol‟y, Working Paper 08-29, 2008), available at:

http://tinyurl.com/2akn84n

OECD, Report on the nature and impact of hard core cartels and sanctions

against cartels under national competition laws, DAFFE/COMP (2002) 7 (9

April 2002) at 16, available at: http://www.oecd.org

World Investment report- “Cross Border Merger, Acquisitions and

Development (2000)”, United Nations (Geneva) available at:

www.itatonline.org/articles_new/?dl_id=13

http://www.forum4finance.com/2010/03/03/foreign-cos-fees-for-work-

sent-to-india-not-taxable-aar/aar (Visited Jan. 20, 2019)

http://www.vccircle.com/500/news/new-competition-commission-norms-

fail-to-discard-ambiguity (Visited on Jan. 05, 2019)

References:

1. Authorities:

Indian Competition Act, 2002

http://www.cci.gov.in/images/media/.../Priyankawasan31jan2012.pdf

http://www.cci.gov.in/images/media/ResearchReports/RavPratapSingh.pdf

http://www.legalindia.in/effect-of-compitition-law-on-mergers-and-acquisit

http://www.legalindia.in/effect-of-compitition-law-on-mergers-and-acquisit

http://www.lawyersclubindia.com/profile.asp?member_id=52627

http://www.lawyersclubindia.com/

http://tinyurl.com/2akn84n

http://www.oecd.org/

http://www.itatonline.org/articles_new/?dl_id=13

http://www.forum4finance.com/2010/03/03/foreign-cos-fees-for-work-sent-to-india-not-taxable-aar/aar

http://www.forum4finance.com/2010/03/03/foreign-cos-fees-for-work-sent-to-india-not-taxable-aar/aar

http://www.vccircle.com/500/news/new-competition-commission-norms-fail-to-discard-ambiguity

http://www.vccircle.com/500/news/new-competition-commission-norms-fail-to-discard-ambiguity

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Indian Companies Act, 1956

SEBI Takeover Code, 1997

Income Tax Act, 1961

Foreign Exchange Management Act, 1999

Clayton Act, 1940

Sherman Act, 1890

Hart–Scott-Rodino Antitrust Improvement Act, 1976

Horizontal Merger Guidelines (1992) U.S. Department of Justice and

Federal Trade Commission

Federal Trade Commission Act, 1940

Foreign Trade Antitrust Improvements Act (FTALA), 1975

U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC)

Anti-Trust Enforcement Guidelines for International Operations, 1995

International Antitrust Enforcement Assistance Act, 1994

Art. 85 and 86 of the European Treaty

Companies Act, 2006 (UK)

Horizontal Merger Guidelines issued by U.S. Department of Justice and

Federal Trade Commission (Aug 19, 2010)

2. Case Laws

AOL-Time Warner

Aritours v. Commission [2002] ECR II-2585

Boeing /McDonnell Douglas (EC Case No. IV/M.877:Official Journal L 336,

18/12/1997)

BroAmerican Banana Co. v. United Fruit Co., 213 U.S. 347 (1909)

Continental Ore Co. v. Union Carbide & Carbon Corp. 370 U.S. 690 (1962)

Emapagram SA v. F.Hoffman-LaRache Ltd., 542 U.S. 155, 165 (2004)

Ford Motor Co. v. United States, 405 US 562 (1972)

General Electric/ Honeywell

Gencor v. Commission Case, T-102/96

Hartford Fire Ins. Co. v. California, 509 U.S. 764 (1993)

Scheinder Electric v. Commission, [2002] ECR II -4071

Shoe Co. Inc v. U.S. 370 US 294 (1962)

Tetra Laval v. Commission, [2002] ECR II-4381

http://www.westlaw.com/Find/Default.wl?rs=WLUK1.0&vr=2.0&DB=780&FindType=Y&SerialNum=1909100366



14

Timberlane Lumber Co. v. Bank of America, 549 F.2d 597 (1976)

United States v. Aloca, 377 US 271 (1964)

United States v. Columbia Steel Co. (334 US 562 (1972)

United States v. Penn-Olin Co. 378 US 158 (1964)

WorldCom/Sprint

Note:

The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a number of the above texts might also be available and can be consulted once

account is taken of their datedness, particularly as to applicable case law. These texts were selected because they provide in one volume a combination of text, cases and materials, designed to be read as a whole i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is much more to the Comparative Investment Laws than this, and you will

undoubtedly benefit from undertaking some reading and study of your own.It is creditable if you, in respect of the proper use of independent research and study, follow up in the Law Library some of the case references, periodical articles or

other material referred to in the prime textbook or in class – or even to do some research of your own. For supplementary reading, you could, for instance, begin

by consulting the relevant sections of the “alternative” texts placed on loan in the law library. Thereafter you could engage in your own research, with particular reference to

journals on online databases including SCC Online, Manupatra, Lexis-Nexis, Hein-online, Emerald, Ebrary, Westlaw, Kluwer Competition Law,

International Taxation, Ebsco‟s, CLA, JSTOR, SCC Online, Kluwer Arbitration, Journal of Moral Education, Kluwer Patent Law, Web of Science, SCOPUS, & Global Business Review , and offline database including

AIR

5. ASSESSMENT Comparative Investment Law is a two credit course so you will be examined in this

course for 100 marks.

You will be examined in this course by Internal (60%) and External Assessment

(40%) format. Internal examination will be conducted for 60 marks which include

one project (20 marks), one tutorial (20 marks each) and viva voce (20 marks).

The Symbiosis International University will conduct external written examination for

40 marks. It consists of three subjective-type/cases and open problems/questions

(15 + 15 + 10 marks each) with an alternative (40 marks).

Internal examination will be conducted for 60 marks. It will include:

A. Mode of First Internal Assessment – Project (20 Marks)

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B. Mode of Second Internal Assessment – Viva Voce (20 marks)

C. Mode of Third Internal Assessment – Tutorial (20 marks) (Open book Examination)

External Assessment: The Symbiosis International (Deemed University) will

conduct external written examination for 40 marks at the end of the Semester. It

consists of three subjective questions (15+15+10 marks=40 marks).

In totality, you will be examined in this course by Internal (60%) and External

Assessment (40%) format.

It is Open Book Examination. Necessary guidelines will be shared soon.


Each learner will have to attempt each of the above assessment modes on all the

occasion. The details pertaining to internal assessment modes are as follows:

A. Project mode and Schedule

First Component is Research Project where each learner will be required to

review the allotted project to be evaluated out of 20 marks. The Project Topic will

be allotted by course-in-charge. It will be uploaded @library by the course

incharge.

The Research project is aimed at improving research and analytical skills to make

students learning academically more challenging and rigorous than standard

lecture and test format courses.

The project will be of ten marks. Following are the guidelines for the project:

• Project will be allotted by Course In charge.

• Word Limit (Not more than 2500 words)

• No Spiral Binding / plastic covers only stapled copy.

• Printing to be done on both sides

• Complete Plagiarism report generated via Turn-it-in shall be submitted as

the final submission along with the Cover page in the required format (Max. Limit

– 15-20%).

• Turnitin report highlighting content similarity of more than 15-20%). shall

invite strict actions and the learner shall be awarded “zero” marks for the

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project.

• Despite the report‟s content similarity being lower, if the Course-in-charge

identifies any form of plagiarism, undetected by Turnitin, the learner will have to

face a penalty of negative marking (Negative marking of up to five marks).

• No handwritten submissions shall be taken

• Late submission will invite the deduction of one mark per day. Deduction of

the marks to be calculated from the last date of submission

The details about the rules and format of submission are annexed with this

document. (Refer to Enclosure A).

The project should be accompanied with Turnitin generated plagiarism report.

No submission will be accepted without plagiarism report. Only after Plagiarism

check, the project will be evaluated for 20 marks. As per the anti-plagiarism, the

projects with more than 20% plagiarized content shall be marked „zero‟.

Late submission will invite the deduction of two marks per day. Deduction of the

marks to be calculated from the last date of submission.

The timetable of the Project, Tutorial and Viva Voce is as follows:

Project Assignment

Submission

Result

December 31,2019 February 3,2020

February 11,2019

Following are the parameters for project assessment:


Content 12 Marks

Analysis 4 Marks

Referencing 4 Marks

C. Viva voce Schedule

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Viva voce examination will be of 20 marks. The syllabus for the viva voce will be

the syllabus covered till February 1, 2020.

Viva voce schedule

Date Serial Numbers Time

February 7,2020 1-8

2 pm – 4pm

February 8,2020

8 onwards

2 pm – 4pm

Following are the parameters for the viva voce examination:


Knowledge & Application of concepts 10

Professionalism 3

Confidence 3

Communication Skills etc. 4

C. Tutorial Mode and Schedule

Tutorial – Written Examination Second Component will be Tutorial– Open

problems/questions, which carries 20 marks having at least two questions.

The tutorial will give you an opportunity for assessing your learning of

Competition Laws. Tutorial also provide you with an opportunity to develop

written skills of presentation and reasoned argument. Lack of preparation and a

fortiori non-attendance will mean that you will fail to make the most of the

learning opportunities provided by this tutorial. In order to achieve the two

stated skills objectives i.e. Presentation and problem solving skills, tutorial is


18

Tutorial: There will be one tutorial. Tutorial will carry 20 marks (Total=20

marks). Tutorial will be an Open book.

It is Open Book Examination i.e. examinees are allowed to bring and use any

material including Books, Articles, Hand Written Notes, Hand Outs and alike

printed material. It does not include use of any electronic gadgets, machine or

alike material.

Tutorial

Date Result Syllabus

March 2,2020 March 12,2020 Units 1, 2, 3 and 4 of the hand book.

Discussion on Banyan Tree: To understand the method, two online sessions

(situation based) with the use of Banyan Tree @Curiosity, will be conducted as

follows:


Session - I

Session – II

Attendance

Date of Uploading

„query‟ by the faculty

January 24, 2020

@ 8:00 PM

February 24, 2020

@ 8:00 PM

One Lecture

Last-date for

uploading reply by the

students

January 27, 2020

@ 11:59 PM

February 27, 2020

@ 11:59 PM

One Lecture

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7. ADMINISTRATIVE ARRANGMENTS AND CONTACT

HOURS

The Course chief faculty for Competition Law is Dr. Vijay Kumar Aggarwal.

Should you have any problems with your work, please feel free to meet him.

Notices relating to the course will be posted online in „The Library‟ on „Curiosity‟

Portal online at https://slsnoida.curiositylive.com/

Before visit the learner should seek the appointment for the abovementioned

time slot. Kindly mention the subject of email communication as Contact hours

while sending the email communication.

All questions, comments, and feedback are welcome. While the lessons will be

seminar-style and all learners are encouraged to participate, those who do

struggle to speak in class are welcome to continue the conversation in person

after class as well. The aim is to give learners the greatest flexibility and

autonomy over their learning and thought process, especially when it comes to

their distinct analyses of the provided readings.

If few doubts remain, please contact him via email:

[email protected]. We welcome your questions and your comments.



20

Annexure A


Competition Law

The Maximum Marks for the project are 20.

The final copy of the project should be presented in accordance with the following specifications:

o The paper used for printing shall be of A4 size.

o Printing shall be in a standardized form, on both sides of the paper and in

one and a half spacing.

Font: Verdana

Font Size: Main Heading 16(Bold), Sub Heading 14(Bold) and text 12. Alignment: Justified.

MS Word: 20037 Version, Page layout: left1.5 cm, toprightbottom1

cm. Word Limit: 20002500 Maximum

A margin of oneandahalf inches shall be left on the left hand side.

The title of the project, name of the candidate, degree, faculty, university, month and year of submission, and the name of the research guide with his/her

designation and full official address shall be printed on the first page and on the front cover as given in Appendix „A‟.

A certificate (Appendix „B‟) affirming that the research work of the candidate is original, and that the material, if any, borrowed from other sources and

incorporated in the thesis has been duly acknowledged should be signed by the candidate and counter signed by the research guide. It should also state that the candidate himself/herself would be held responsible and accountable for

plagiarism, if any, detected later on. The candidate should further certify that research papers, if any, published based on the research conducted out of and in

the course of the study. The first few pages of the thesis should be given as per Appendix „C‟.

Bibliography should be written alphabetically.

21

Appendix „A‟ – Front-Page and Cover


Submitted by


Division …. Roll No……..Class…..

of Symbiosis Law School, NOIDA Symbiosis International University, PUNE

In

Month, year

Under the guidance of Name of guide


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The project entitled “

”submitted to the Symbiosis Law School, NOIDA for Competition Law as part of Internal assessment is based on my original work carried out under the guidance of__________________________

from____________to ______. The research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been duly acknowledged.




Date:

23


The first few pages of the thesis should be as under:

Page 1 Title page (Appendix „A‟)

Page 2 - Certificate (Appendix „B‟) signed by candidate and counter signed by research guide

Page 3 Acknowledgements

Page 4 Index

Page 5 List of Tables (If any) Page 6 List of Cases (If any)

Page 7 Bibliography

1

Academic Year 2019 – 20

Semester VIII

Teaching Plan

LAW OF EVIDENCE

BY

Aditya Kumar



University)


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1. INTRODUCTION

The word “evidence” signifies in its original sense, the state of being

evident, i.e. apparent. But it is applied to that which tends to render

evidence or generate proof. The law of evidence thus, comprises of

methods and rules that guide and govern the establishment of a fact

before a Court. The law of evidence is an important part of procedural or

adjectival law. Facts have to be proved before the relevant laws and its

provisions can be applied. It is evidence that leads to authentication of

facts by indicating the degree of veracity to be attributed to them and in

the process, helps in rationalizing the opinion of the judicial authorities

and imparting credibility to judicial process. Law of evidence is the lex

fori which governs Courts. It means that Indian courts know and apply

only the Indian law of evidence, viz., Indian Evidence Act, 1872. Thus, the

competency of a witness, whether a fact is proved or not is determined by

the law of the country where the question arose, where the remedy is

sought to be enforced and where the court sits to enforce it.

The Indian Evidence Act, 1872 applies to both Civil and Criminal

proceedings. There are, however, certain sections that apply exclusively to

civil matters and others that apply exclusively to criminal cases. In civil

cases, mere preponderance of probability may be enough but in criminal

cases the prosecution must prove its case beyond reasonable doubt and

leave the other alternatives presented very unlikely and highly suspect.

Prior to the advent of the Indian Evidence Act, 1872 there was no uniform

enactment on the subject. The rules and regulations were not fixed and

the law was vague. In 1868, Sir Henry Summer Maine, the then law

member of the Governor General‟s Council prepared a Draft Bill of Law of

Evidence, but it was abandoned, as its contents were not suitable for the

country. In 1871, Sir James Fitzjames Stephen who became the Law

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Member in 1871 prepared a draft Bill, which was later enacted as the the

Indian Evidence Act, 1872. The Act came into force from 1st September,

1872. The enactment and adoption of the Indian Evidence Act was a path

breaking judicial measure introduced in India, which led to a sea-change

in the concepts pertaining to admissibility of evidence in the Indian

Courts.

The Indian Evidence Act introduced a standard set of law

applicable in India. The Act consolidates, defines and amends the law of

evidence. It is a special law and hence, will not be affected by any other

enactment containing provisions on matter of evidence unless and until it

is expressly stated in such enactment or it has been repealed or annulled

by another statute. Parties cannot contract to exclude the provisions of

the Act. Courts cannot exclude evidence which is made relevant under the

Act. As a corollary, evidence excluded by the Act will be inadmissible even

if essential to ascertain the truth. However, Indian Evidence Act is not

exhaustive of the rules of Evidence. It deals with the subject of law of

evidence in general, and there are other rules of evidence contained in

other special enactments, which would be in addition to the rules

contained in the Act.

The main object of the Indian Evidence Act is to (a) prevent the

inaccuracy in the admissibility of evidence, (b) introduce a more correct

and uniform rule of practice, (c) prevent long drawn inquiries and (d)

prevent admission of excess evidence than needed. In Indian Evidence

Act, we will study, inter alia, relevancy of facts; types and forms of

evidence; modes of proof; production and effect of evidence; standard of

proof in civil and criminal cases; competency of witnesses; and the concept

of burden and onus of proof.

The indispensability of the law of evidence is self-evident, and it

merits to be mentioned that be it any field of law, the first exercise to be

conducted is that of fact-finding, and it is this process of fact-finding that

4

is regulated by the Law of Evidence. Although, the Law of Evidence is oft

described as adjectival law, during the course of our study, we would see

that there are many aspects of substantive law that are enshrined in the

Act.


A. KNOWLEDGE

The objective of this course is to enable you to (i) demonstrate knowledge

and understanding of the wide range of legal concepts, values, principles,

rules and procedures surrounding the law of evidence; and (ii)

demonstrate a comprehensive and accurate knowledge and understanding

of the finer details of the law of evidence.

The specific objectives of the course are to enable you to acquire (i) a

general understanding of the importance of law of evidence and the types

of evidence, (ii) a detailed knowledge and understanding of selected,

individual areas of the law of evidence. The first of these objectives

requires you to understand the scope of the law of evidence, and the

degree of relevance of different types of evidence. The second objective

requires you to be able, in the context of a given problem or essay

question, to identify the relevant area(s) of the law of evidence and to

apply that law in detail and with precision and accuracy.

B. SKILLS

The overall objective of this course is to inculcate you with the following

set of skills: general cognitive intellectual skills; general communicative /

employability skills; and subject specific skills.

Cognitive

This course will demand that students have the capacity to demonstrate

insight in presenting materials drawn from a wide and sometimes

contradictory range of primary and secondary sources and doctrinal

commentary; and to demonstrate an ability to produce a synthesis of

those materials that offers a personal and informed criticism.

5

Employability

This course will demand that students have the capacity to be able to

write and use orally fluent and complex prose; using legal terminology

with scrupulous care and accuracy.

Subject Specific

This course will demand an ability to identify and select key relevant

issues and to apply that knowledge with clarity to difficult situations of

significant legal complexity; to analyze facts and to produce well-

supported conclusions in relation to them.

C. OUTCOMES

Two key skills will be highlighted by this course (a) problem solving and

(b) independent research. These skills will be central to your success in



In preparing for tutorials, you will be asked to take a written test. You

will also be asked to use your knowledge about the subject to support your

answers to “problem” scenarios. In preparing properly for tutorials, you

will study the subject deeply and in doing so, you will be preparing

properly for the end of term assessment.

Independent Research

In preparing for the coursework assignment, particular emphasis will be

placed on independent learning i.e., the ability to take initiative in the

design (individualised approach or plan of action) and research (external

legal and non-legal sources) of the stated project. The coursework in

question is deliberately broadly drawn, and is designed to challenge you

in this regard.

Final Outcome

6

Assessment is by compulsory coursework examination (40% Internal +

60% External= 100%) under the auspices of the Symbiosis International

(Deemed University).

3. LECTURES

A. TIMES AND ATTENDANCE

Lecture times have been set aside for this course for each group. Verify it

from the timetable assigned for each division. Certain lecture material

including outlines will be made available on „The Library‟ on „Curiosity‟

Portal at https://slsnoida.curiositylive.com. In addition, Session

Plan/Course Material will be also be provided containing Suggested

Reading such as Books; Journal Articles and Case-law. To facilitate your

understanding of these lectures, you should always read at least the

relevant pages of suggested readings in advance of each lecture. It is

mandatory for all learners to carry Criminal Law Manual with

them during the lectures. Failure of the same shall lead to

expulsion from the class for that lecture.

As per Symbiosis International (Deemed University) Regulations,

please note, “Students are expected to attend minimum 75% of all

scheduled sessions and other forms of instruction as defined by

the programme of study.”

The student will not be eligible to appear for the examination if he / she

fails to put in the required attendance. The Students can update

themselves of their attendance daily online in „Attendance‟ on „Curiosity‟

Portal at https://slsnoida.curiositylive.com

B. NOTIFICATIONS


Administration, either by Course-in-Charge or Faculty-In-Charge,

Academic Coordination will be sent using „Owl@Curiosity‟. No

notifications will be published by either Course-in-Charge/Faculty-In-



7

Charge, Academic Coordination or Learner using „Library@Curiosity‟. You

are required to keep yourself duly informed.

C. LECTURE OUTLINE

Week Lecture Topics

Week – 01

30th

December,

2019

Lecture 1 Syllabus Preview/Teaching Plan;

Lecture 2 Syllabus Preview/Teaching Plan;

Lecture 3 Background, History and Development

of the Indian Evidence Act, 1872

(hereinafter referred to as “the Act”)

Scope and Extent of the Act

Interpretation Clause

Week – 02

6th January,

2020

Lecture 4 Presumptions - may presume, shall

presume, conclusive proof

Lecture 5 Types and forms of evidence: Direct,

circumstantial evidence.

Relevancy of facts: Sections 5-16 briefly;

Principle of res gestae

Lecture 6 Relevancy of facts: Sections 5-16 in

detail

Week – 03

13th January,

2020

Lecture 7 Facts which need not be proved:

Judicially noticed evidence (Ss.56-58)

Lecture 8 Oral evidence and documentary

evidence: Interpretation, Difference

Proof of oral evidence

Lecture 9 Primary and Secondary evidence: proof

of documentary evidence

Week – 04

20th January,

2020

Lecture 10 Sections 59-73A

Lecture 11 Sections 59-73A continued; Case-law

Lecture 12 Electronic evidence and its admissibility

Case Discussion on latest case-law

Week – 05

27th January,

2020

Lecture 13 Exclusion of oral or documentary

evidence: Sections 91-100

Lecture 14 -do-

Lecture 15 -do-

Week – 06

3rd February,

2020

Lecture 16 Relevancy of Facts: Admission &

Confession (Sections 17-31)

Lecture 17 -do-

Lecture 18 -do-

Week – 07 Lecture 19 Extra-judicial confession; Confession to

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10th February,

2020

Magistrate; relationship with Section

164 of the Code of Criminal Procedure,

1973

Lecture 20 Case-Law on Admission & Confession

Lecture 21 Statements by persons who cannot be

called as witnesses: Dying Declaration,

statements made in the course of

Business

Week – 08

17th February,

2020

Lecture 22 Remaining statements by persons who

cannot be called as witnesses: sub-

sections (3) to (7) of Section 32; Section

33

Lecture 23 Statements made under special

circumstances – Sections 34-38

Lecture 24 How much of a statement is to be proved

(Section 39) Judgements of courts of

justice when relevant (Sections 40-44)

Week – 09

24th February,

2020

Lecture 25 Expert evidence: Opinion of third

persons when relevant – Interpretation

and scope

Lecture 26 Expert evidence: Opinion of third

persons when relevant continued; Case-

law

Lecture 27 Admissibility of expert evidence; case-

law;

New technology and admissibility of

expert evidence (finger-printing, ballistic

report, brain-mapping, narco analysis

etc.);

New technology and right against self-

incrimination

Week – 10

2nd March,

2020

Lecture 28 Contradiction between expert evidence

and ocular evidence through case-law

Lecture 29 Hearsay evidence: Meaning, scope,

difference with English Law

Lecture 30 Character evidence: Interpretation

Week – 11

9th March,

2020

Lecture 31 Sections 52-55

Character evidence in civil cases

Character evidence in criminal cases;

and Case-law

Lecture 32 Burden of Proof in civil as well as

criminal cases;

Standard of proof;

Case-law

Lecture 33 Presumptions;

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Burden of proof v. Presumptions

Week – 12

16th March,

2020

Lecture 34 Presumptions in particular cases:

sections 111A-114A

Lecture 35 Estoppel (Sections 115-117)

Lecture 36 Estoppel continued; Case-law

Week – 13

23rd March,

2020

Lecture 37 Witnesses: Competency

Lecture 38 -do-

Lecture 39 Witnesses: Privileged communication

with case-law

Week – 14

30th March,

2020

Lecture 40 Privileged communication – as to affairs

of State; official communication; judges

and magistrates with case-law

Lecture 41 Privileged communication – professional

communication etc. with case-law

Lecture 42 Course of testimony – examination-in-

chief; cross examination

Week – 15

6th April, 2020

Lecture 43 Course of testimony: Power of court

Lecture 44 Hostile witness: reliability and

admissibility through case-law

Lecture 45 Examination of witnesses: Questions to

witness – scope

Week – 16

13th April

2020

Lecture 46 Examination of witnesses: refreshing

memory and production of documents

Lecture 47 Improper evidence and rejection of

evidence – Section 167

Lecture 48 Improper evidence and rejection of

evidence – Section 167. Case-law

Week – 17

20th April,

2020




*The schedule as aforementioned shall be strictly adhered to. However, it

is clarified that there may arise occasions where the same may need to

changed owing to unforeseen circumstances.


A. Textbook

Suggested Readings:

1. Ratanlal & Dhirajlal, The Law of Evidence, LexisNexis Butterworths

Wadhwa, Nagpur, 23rd Enlarged edition (2010)

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2. Sir John Woodroffe and Syed Amir Ali, Law of Evidence (in 4 volumes),

revised by BM Prasad and Manish Mohan, LexisNexis Butterworths

Wadhwa, Nagpur, 19th edition (2013)

3. V.R. Manohar & Sudipto Sarkar, Sarkar‟s Law of Evidence, Vol. 12,

Wadhwa and Co., 15th edition (1996)

4. M. Monir, Textbook on the Law of Evidence, Universal Law Publishing

Co. Pvt., Ltd., New Delhi, 9th edition (2013)

5. Ratanlal Ranchhoddas & Dhirajlal Keshavlal Thakore, Y.V.

Chandrachud, Ratanlal and Dhirajlal‟s The Law of Evidence, Wadhwa

and Co., (2007)

6. H.K. Saharay and M.S. Saharay, Law of Evidence, Eastern Law House

Pvt. Ltd., Kolkata (2008)

7. Andrew L-T Choo, Evidence, Oxford University Press, UK, 3rd edition

(2012)

8. Chaturvedi Gopal S., and Field C.D., Commentary on Law of Evidence,

Vol. 1- 5, Delhi Law House, 12th edition (2007)

9. Dr. Avtar Singh, Principles of the Law of Evidence: A Study of the

Indian Evidence Act, 1872, Central Law Publications, Allahabad (2013)

10. Phipson on Evidence; Sweet & Maxwell, London, South Asian Edition

(2007)

11. Dr. Asis Mallick, Law of Evidence: An approach to Modern

Perspective, Eastern Law House Pvt. Ltd., Kolkata (2011)

12. Justice U.L. Bhatt, Lectures on the Indian Evidence Act, Universal

Law Publishing Co. Pvt. Ltd., New Delhi, India (2015)

13. Adrian Keane, The Modern Law of Evidence, Oxford University Press,

London, 6 th edition (2006)

14. Dr. K.N. Chandrashekharan Pillai, R.V. Kelkar‟s Criminal Procedure,

Eastern Book Co., Delhi, 5th edition.

STATUTES:

1. The Indian Evidence Act, 1872 (as amended up to date including by the

Criminal Law (Amendment) Act, 2013)

2. The Code of Criminal Procedure, 1973

3. The Indian Penal Code, 1860

4. The Code of Civil Procedure, 1908

5. The Constitution of India, 1950

6. The Information Technology Act, 2000

7. The Dowry Prohibition Act, 1961

11

8. The Juvenile Justice (Care and Protection of Children) Act, 2000

9. The Bankers Book Evidence Act, 1891

LIST OF SUGGESTED CASES:

1. R.M. Malkani v. State of Maharashtra AIR 1973 SC 157

2. Selvi & Ors. v. State of Karnataka (2010) 7 SCC 263

3. M.C. Verghese v. TJ Poonan (1969) 1 SCC 37

4. Anvar P.V. v. P.K. Basheer (2014) 1 SCC 473

5. Shamsher Singh Verma v. State of Harayana 2015 SC

6. Nandini Satpathy v. P.L. Dani, 1978 SCC (Cri) 236

7. Mirza Akbar v. King-Emperor AIR 1940 PC 1 76

8. Badri Rai & An. v. State of Bihar AIR 1958 SC 953

9. Rawalpenta Venkalu v. The State of Hyderabad, AIR 1956 SC 171

10. K. Prema S. Rao v. Yadla Srinivasa Rao (2003) 1 SCC 217

11. Bishwanath Prasad & Ors. v. Dwaraka Prasad & Ors. AIR 1974 SC

117

12. Veera Ibrahim v. State of Maharashtra AIR 1976 SC 1167 13

13. State NCT of Delhi v. Navjot Sandhu, (2005) 11 SCC 600

14. Aghoo Nagesia v. State of Bihar AIR 1966 SC 119

15. Mohmed Inayatullah v. State of Maharashtra AIR 1976 SC 483

16. Khusal Rao v. State of Bombay AIR 1958 SC 22

17. Kusa & Ors. V. State of Orissa AIR 1980 SC 559

18. Ram Narain v. State of Uttar Pradesh AIR 1973 SC 2200

19. R.S. Madanappa & ors. v. Charndramma & Anr. AIR 1965 SC 1812

20. Smt. Somavati & Ors. v. State of Punjab AIR 1963 SC 151

21. Shri Krishna Keshar Kulkarni & ors. v. Balaji Ganesh Kulkarni &

ors. AIR 1976 BOM 342

22. Sara Veera Swami alias Sara Veerraju v. Talluri Narayana (deceased)

& ors. AIR 1949 PC 32

23. Bhuboni Sana v. The King AIR 1949 PC 257

24. Ravinder Singh v. State of Haryana AIR 1975 SC 856

25. Haroon Haji Abdulla v. State of Maharashtra AIR 1968 SC 832

26. State of U.P. v. Rah Narain & ors. AIR 1975 SC 865

27. State (N.C.T. of Delhi) v. Navjot Sandhu AIR 2005 SC 38

28. Sandy @ Ved Prakash & Ors. v. State Crl. Appeal No. 628/2008

29. Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and Anr. (2014)

2 SCC 576

30. Dipanwita Roy vs. Ronobroto Roy (2015) 1 SCC 365

31. Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714

12

Note: The above list is indicative and not exhaustive. Earlier

editions/Latest Editions of a number of the above texts might also be

available and can be consulted once account is taken of their datedness,

particularly as to applicable case law. These texts were selected because

they provide in one volume a combination of text, cases and materials.

Nevertheless, the text provides the basic reading for the course only.

There is much more to the Law of Evidence than this, and you will

undoubtedly benefit from undertaking some reading and study of your

own. It is creditable if you, in respect of the proper use of independent

research and study, follow up in the Law Library some of the case

references, periodical articles or other material referred to in the prime

textbook or in class – or even to do some research of your own. For

supplementary reading, you could, for instance, begin by consulting the

relevant sections of the “alternative” texts placed on loan in the law

library. Thereafter you could engage in your own research, with particular

reference to journals on online databases including SCC Online,

LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR,

ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent,

and Kluwer Competition), CLAOnline, Ebrary, Emerald & EBSCO,

and offline database including AIR.



assessment format. Internal examination will be conducted for 40 marks,

which includes one project (10 marks), one tutorial (20 marks) and viva

voce (10 marks).

Internal Assessment: Internal Assessment will be conducted for

40 marks. It will include:

A. Mode of First Internal Assessment – Project (Long-Term

Paper) (10 Marks)

13

B. Mode of Second Internal Assessment – Tutorial (Open

Book Examination) (20 marks)

C. Mode of Third Internal Assessment - (Viva-Voce) - (10

marks)

External Assessment: The Symbiosis International (Deemed

University) will conduct external written examination for 60 marks. It

consists of ten objective-type (2 marks each = 20 marks) and 4 subjective-

type/cases and open problems/questions (10 Marks each) with an

alternative (40 marks).


A. Project Mode and Schedule:

The project will be of ten marks. The knowledge and understanding of

the Law of Evidence helps a lawyer to successfully conduct trials, both

civil and criminal in nature. The present Research project is aimed at

improving the writing, research, drafting and presentation skills to

make students‟ learning academically more challenging and rigorous

than standard lecture and test format courses. The following

guidelines may be taken note of by the learners and the same must be

strictly adhered to:

i. The project topics shall be allotted to all learners by the Course-in-

Charge and shall be uploaded on the Curiosity portal.

ii. The research project must be succinct and thus, there would be a

maximum word limit of 3000 words.

iii. The permissible fonts to be used for the research projects shall be

any of the following: Bookman Old Style, Century Schoolbook,

Garamond, Book Antiqua. The line spacing shall be 1.5, and the

font should be minimum 12.5. The page setting must be on A4, and

left margin shall be 1.3”, whilst all other margins shall be 1”. Any

projects not conforming to the abovementioned standards shall not

be accepted. No handwritten submissions would be accepted.

14

iv. The research projects shall be handed over only in hard copy with

printing on both sides. The hard copy shall be securely stapled and

shall not be spiral bound or placed within plastic covers.

v. The research project shall be properly footnoted, else it shall be

presumed that the same is plagiarised. It is of utmost importance

that credit wherever due to any other author/scholar, must

scrupulously be given. Any approved method of citation would be

acceptable.

vi. The learners would be required to hand over a plagiarism report

alongwith their research project. The maximum permissible limit

would be 15% as certified in the report. In case any plagiarism

above the limit of 15% is noticed, the research project shall be

graded zero.

vii. The projects shall be handed over in the office of the Faculty-in-

Charge on or before the prescribed deadline. Late submissions for

any reason whatsoever will attract negative marks, being two

marks per day.

PROJECT SCHEDULE

Project Assignment Submission Result

December 31, 2019 January 30, 2020 February 10, 2020

Parameters for Project Assessment:


Content 6 Marks

Analysis 2 Marks

Referencing 2 Marks

15

B. TUTORIAL: MODE & SCHEDULE

There shall be one tutorial conducted in the semester, which shall be the

second mode of internal assessment. The maximum marks for the said

tutorial shall be 20 marks.

The tutorial will give you an opportunity for assessing your

learning of Law of Evidence. It should be obvious that the better you are

prepared to take part in such test, the more you will learn from it and

excel in both examination as well as understanding of Law of Evidence.

The tutorial will also provide you with an opportunity to develop written

skills of presentation and reasoned argument. Lack of preparation and a

fortiori non-attendance will mean that you will fail to make the most of

the learning opportunities provided by these tutorials.

In order to achieve the two stated skills objectives i.e. Presentation

and problem-solving skills, one tutorial is scheduled in this semester.

It is an Open Book Examination i.e. examinees are allowed to bring

and use any material including Books, Articles, Hand Written Notes,

Hand Outs and allied printed material. It does not include use of any

electronic gadgets, machine or alike material.

Tutorial Schedule

Tutorial Syllabus Tutorial Date Result Date

Sections 1 to 32 of the Indian

Evidence Act. 1872

February 24, 2020 March 06, 2020

Banyan Tree Session

The Banyan Tree discussions shall be a precursor to the Tutorial,

and shall give the learners a glimpse into the manner of assessment to be

expected. The focus for the Tutorial as well as for the Banyan Tree

discussions shall be on problem solving and analytical reasoning. The

objective being to assess the grasp of the learners on the concepts

16

underlying the statutes and the rationale that the Hon‟ble Courts have

adopted whilst dealing with the interpretation of the Indian Evidence Act.

Banyan Tree Posting Schedule

Posting - I Posting – II

Date of Uploading „Cases and

Open problem/question‟ by the

faculty

January 20, 2020

@ 4:00 PM

February 18,

2020 @ 4:00 PM

Last-date for uploading reply

by the students

January 22,

2020 @ 4:00 PM

February 20,

2020 @ 4:00 PM

Attendance One Lecture One Lecture

Both these sessions are COMPULSORY for all learners. Your quality

response/answer/reply within stipulated time given should be submitted.

Those, who will respond/answer/reply within stipulated time, will be

granted attendance for one lecture. No response from learner will result

in him/her being marked absent for the said lecture. Please remember

attendance so granted for the session/s will form part of the total lectures

and thus, be counted towards total attendance of the learner in the

semester.

It is clarified that, the time-lines provided above shall be binding and not

subject to any change. The replies must be uploaded by the deadlines

provided above, and no exceptions shall be made in that regard.

C. VIVA-VOCE: MODE & SCHEDULE

The third and final mode of internal assessment shall be viva-voce,

and the same shall be for a total of 10 marks. It is apposite to mention

that the dates for viva-voce vary for students, and thus, the scope of the

syllabus will also vary, in order to assess the current preparedness of

learners. It is hereby clarified that, the syllabus for the viva shall be the

course covered a week prior to the scheduled date of viva. It is further

17

clarified that, ordinarily no changes shall be permitted in the schedule of

viva as notified. The viva-voce as a mode of assessment will test your

absorption and assimilation of the key concepts of Evidence Law, and the

depth of your knowledge. The learners are expected to well-prepared and

confident during their viva-voce, and are expected to articulate their

answers in a structured and methodical manner. The emphasis in the

viva-voce would primarily be on the understanding of key concepts and

the rationale of Evidence Law, and not on learning by rote. It is clarified

that in case there is any change in the schedule of the viva-voce on

account of any unforeseen circumstances, the same shall be

communicated to the learners in advance.

Schedule:

Viva-Voce Schedule

Date Group S.No, Time

March 12, 2020 A 1-30 11:00 AM Onwards

March 13, 2020 A 31-60 11:00 AM Onwards

March 14, 2020 A 61 onwards 11:00 AM Onwards

March 16, 2020 B 1-30 11:00 AM Onwards

March 17, 2020 B 31-60 11:00 AM Onwards

March 18, 2020 B 61 onwards 11:00 AM Onwards

Parameters for Assessment:


Content 5

Body Language 1

Professionalism 1

Communication Skills 3

18


Please note, if you are on Internship with exemption from attending

classes, duly acknowledged by the T & P Cell, or, you are on Assessment

Internship, duly acknowledged by the T & P Cell or you are travelling for

any summer school/semester exchange program, and your Viva-Voce is

scheduled during such duration, you must follow the following process to

seek alternate date for the same:

I. Write an email to Faculty In-charge, Dr. Megha Chauhan at

[email protected] stating the above;


acknowledged by the T & P Cell/Confirmatory email from

International Cell (in case of travel) etc.

III. Attach documentary evidence (PDF) of you being granted

exemption from attending classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-

charge, and alternate date for Moot Court Exercise will be allotted

by the Course In-charge.

No request to change the date will be entertained if above process is not

followed on or before 1st March, 2020. No Viva-Voce examination will be

conducted after April 5, 2020.


The Course in charge for Forensic Science is Mr. Aditya Kumar. If any

doubts remain, kindly contact Mr. Aditya Kumar. via his e-mail ID:

[email protected] during office hours, i.e. 9:00 AM to 5:00 PM

However, if you wish to meet the Faculty in person kindly seek an

appointment via mail.

All questions, comments, and feedback are welcome. While the lessons

will be seminar-style and all learners are encouraged to participate, those


19

who do struggle to speak in class are welcome to continue the

conversation in person after class as well. The aim is to give learners the

greatest flexibility and autonomy over their learning and thought process,

especially when it comes to their distinct analyses of the provided

readings.

20

ANNEXURE A: GUIDELINES FOR PROJECT

Law of Evidence

The marks for the project are 20, i.e., 15 marks for written

submissions and 5 marks for viva voce. The final submission must

be in accordance with the following guidelines:

1. Typewriting shall be in a standardised form in 1.5 line spacing

with the following specifications:

a. Paper Size: A4

b. Orientation: Portrait

c. Font: Bookman Old Style, Century Schoolbook, Garamond,

Book Antiqua

d. Font Size: Minimum 12.5

e. Alignment: Justified

f. MS Word: Updated version

g. Page Layout: Left margin 1.3”, all other margins 1”

h. Word Limit: 3000 words

2. The title of the project, name of the candidate, degree, faculty,

University, month and year of submission, and the name of

the research guide with his/her designation shall be printed on

the first page and on the front cover as given in Appendix “A”.

3. The first few pages of the research paper should be as per

Appendix “C”.

4. Bibliography should be written alphabetically as per Appendix

“D”.

21

Appendix “A” – Front Page & Cover

Title of Project

----------------------------------------------------------------------------------------

------------------------------------------------------------

------------------------------------------

Submitted by

Name of Candidate

---------------------------------------------------

Group __, PRN, Batch



In

Month, Year

22

Appendix “B” – First Few Pages

First few pages should be as under:

Page 1 – Title Page (Appendix “A”)

Page 2 – Index

Page 3 – List of Tables (if any)

Page 4 – List of Figures (if any)

Page 5 – Bibliography

23

Appendix “D” – Bibliography

The bibliography should contain a list of all the books, journals,

articles and pamphlets that the researcher has studied during the

course of the study. It should be arranged alphabetically. The

entries in the bibliography should be made adopting the APA

Referencing System.

1


Semester VIII

Teaching Plan

ENERGY LAW

BY

KUMAR MIHIR



December 2019 - April 202

2

1. INTRODUCTION

Electricity is a form of energy resulting from the existence of charged

particles (such as electrons or protons), either statically as an accumulation

of charge or dynamically as a current. It is one of the factors which is driving

our industrial growth and is therefore, one of the primary sectors which are

strictly regulated in India. In this course, we will try to understand the

regulatory structure dealing with different facets of the Electricity Sector in

India.

2. LEARNING OBJECTIVES (Knowledge, skill and outcomes)

A. Knowledge --- The objective behind studying energy laws is to understand the

general principles, Technical terms and industry practices which are present in the

Electricity Sector.

B. Skills --- The overall objective of this undergraduate course is to introduce the

capacity to understand the technical aspects of the Statutes and Delegated

legislations dealing with the Energy Laws and to apply them in real situations.

Employability

Energy Law will demand that students have the capacity to be able to write and

use orally fluent and complex prose; using legal terminology with scrupulous care

and accuracy.

Subject Specific

Energy Law will demand an ability to identify and select key relevant issues and to

apply that knowledge with clarity to difficult situations of significant legal

complexity; to analyze facts and to produce well supported conclusions in relation

to them.

3

C. Outcomes

Outcome shall be to well verse with the Energy Law and the Regulatory Framework

for Energy Law in India and Judicial Interpretation of these Legislative Provisions.

The two key skills will be highlighted by this course (a) case analysis /problem

solving (b) research paper. These skills will be central to your success in completing

this course‟s scheme of assessment.

Case Analysis/ Problem Solving

In preparing for tutorials you will be asked to read, analyze and synthesize a

number of cases. You will also be asked to use the analytical skill to answer the

hypothetical legal problem.

Independent Research

In preparing the coursework assignment emphasis shall be laid upon the

independent learning. To take initiative in the design and research of the assigned

project.

Final Outcome

Assessment is by compulsory course work examination (100%) [Including Internal

(40%) and External (60%) Assessment] by the Symbiosis International University.

3. LECTURES




form of PowerPoint slides, and relevant study/reading material will be made

available in „The Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com/.


4

To facilitate your understanding of these lectures, you should always read at least


As per Symbiosis International University Regulations, please note,

“Students are expected to attend minimum 75% of all scheduled sessions

and other forms of instruction as defined by the programme of study.”



attendance daily online in „Attendance‟ on „Curiosity‟ Portal at


B. Notifications

Learners are informed that notice/s, if required, with respect Academic-

Administration, either by Course in Charge or Faculty In Charge, Acdemic

Coordination will be sent using „Owl@Curiosity‟. Either Course in Charge/Faculty

In Charge, Academic Coordination or Learner using „Library@Curiosity‟ will

publish no notifications. You are required to keep your self duly informed.

C. Lecture Outline

Week – 01

December 30,

2019

Topic 1 : Introduction to Energy Laws in India



Lecture 3- What is Electricity: Status in Physics and Law?

Week – 02

January 06,

2020

Lecture 4- Understanding technical terms Lecture 5 - Historical Background of the Electricity Sector in

India

Lecture 6- How is electricity generated, transmitted and

distributed?


Computer

Highlight

5

Week – 03

January 13,

2020

Lecture 7- Legal Status of business of generation, transmission and distribution. How is cost of electricity calculated? Topic 2- The Electricity Act, 2003 and allied Regulations

Lecture 8- The legislations before the Electricity Act, 2003 , The policy behind the Electricity Act, 2003: Changing regimes Lecture 9- The National Electricity Policy in India

Week – 04

January 20,

2020

Lecture 10- Primary Regulations under the Electricity Act, 2003:

Tariff Regulations, State Supply Codes, Obligation of DISCOMS,

Code of Conduct Regulations etc.

Lecture 11- Understanding the Competitive Bidding Process and

sale purchase of Power

Lecture 12- Setting up of Regulatory Bodies: judicial Status and

Role, functions, powers.

Week – 05

January 27,

2020

Lecture 13- Interplay between Regulatory Bodies qua the

Central and State ministries

Lecture 14 - Role of the Supreme Court of India in defining the

sector.

Lecture 15-Standard Agreements and the Energy Sector: Power Purchase Agreement and Power Sale Agreement.

Week – 06

February 03,

2020

Lecture 16- Standard Agreements and the Energy Sector: Power

Purchase Agreement and Power Sale Agreement.

Topic 3 Fuel for production of Energy

Lecture 17- Fuels for generating electricity: Renewable and Non- Renewable sources of Energy

Computer

Highlight

6

Lecture 18- Understanding the Stakeholders in the sector.

Week – 07

February 10,

2020

Lecture 19- How is natural gas coal petroleum extracted and

developed for being used as Fuel

Lecture 20 - How is natural gas coal petroleum extracted and

developed for being used as Fuel

Lecture 21- The spectrum of legislations, rules and regulations

governing all stakeholders such as State, Central Government,

Private Companies etc.

Week – 08

February 17,

2020

Lecture 22- The spectrum of legislations, rules and regulations

governing all stakeholders such as State, Central Government,

Private Companies etc.

Topic 4-The Petroleum and Natural Gas Regulatory Board,

2006

Lecture 23- Historical Background of the PNGRB Act, 2006

Lecture 24- Introduction of the PNGRB Act, 2006 and changing

policies

Week – 09

February 24,

2020

Lecture 25- Role, Powers and Functions of the Board

Lecture 26 - Role, Powers and Functions of the Board

Lecture 27- Primary Regulations under PNGRB Act: Tariff,

Authority, Exclusivity and Tie-In

Week – 10

March 02, 2020






Computer

Highlight

7


Week – 11

March 09, 2020



Lecture 32- Understanding Contracts: Gas sale, purchase

transportation agreements



Week – 12

March 16, 2020







Week – 13

March 23, 2020

Lecture 37 - judicial Precedent in the Sector and Existing

Debates

Lecture 38- judicial Precedent in the Sector and Existing

Debates

Lecture 39- judicial Precedent in the Sector and Existing

Debates.

Week – 14

March 30, 2020

Lecture 40- Discussions on Supreme Court, APTEL, PNGRB and

CERCI SERC decisions.





Computer

Highlight

8

Week – 15

April 06, 2020

Lecture 43 - Discussions on Supreme Court, APTEL, PNGRB and






Week – 16

April 13, 2020

Lecture 46 - Debates on recent - relevant issues

Lecture 47 - Debates on recent - relevant issues

Lecture 48- Debates on recent - relevant issues .

Week – 17

April 20, 2020

Lecture 49- Revision.




circumstances.


A. Textbook

Suggested Readings

'A Critical Commentary on the Electricity Act, 2003' by Vivek Sadashiv

Dhamankar (Advocate) & Sandeep Sheshmal Jain (Advocate), Ed.

2007

'Towards Powering India: Policy Initiatives and Implementation

Strategy' by R. V. Shahi, Excel Books India, 2007

'Reports on India's Power Sector' Academic Foundation, 2003 -

Business & Economics

Computer

Highlight

9

'Beyond Crisis: The Financial Performance of India's Power Sector', by

Mani Kurana, Sudeshna and hosh Banerjee World Bank Publications,

2lNov-2014 –

'Regulation in Practice: impact of tariff orders on the Indian electricity

Sector' Anjali Garg, ]. L. Bajaj The Energy and Resources Institute

(TERI 2007)

'Energy Law in India' by Mohammad Naseem, Kluwer Law

International, 2010


The Electricity Act, 2003

The PNGRB Act, 2006

The Central Electricity Regulatory Commission (Terms and Conditions of

Tariff) Regulations, 2009

National Electricity Policy dated 12.02.2005

Guidelines for allocation of coal blocks/ coal linkages for power sector

CERC (Open Access in Inter-State Transmission) Regulations, 2004

Procedure, Terms and Conditions for grant of trading licence and other

related matters Regulations, 2009

CERC (Procedure, Terms and Conditions for grant of Transmission Licence

and other related matters) Regulations, 2009.

CERC Grant of Connectivity, Long-term Access and Medium-term Open

Access in inter-State Transmission and related matters Regulations, 2009

CERC Tariff Regulations for Renewable Energy Sources Regulations, 2009

Terms and Conditions for recognition and issuance of Renewable Energy

Certificate for Renewable Energy Generation Regulations, 2010.

Power Market Regulations, 2010

Indian Electricity Grid Code Regulations, 2010

Determining Capacity of City or Local Natural Gas Distribution Network

Access Code for City or Local Natural Gas Distribution Networks

10

Authorizing entities to lay, build, operate or expand city or local natural gas

distribution network

Exclusivity for city or local natural gas distribution network

Guiding Principles for declaring or authorizing Natural Gas Pipeline as

Common Carrier or Contract Carrier

Determination of natural gas pipeline tariff.

Access code for common carrier or contract carrier natural gas pipelines.

Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions


account is taken of their datedness, particularly as to applicable case law. These

texts were selected because they provide in one volume a combination of text,

cases and materials i.e., a “one-stop shop”.


more to the Energy law than this, and you will undoubtedly benefit from

undertaking some reading and study of your own. It is creditable if you, in respect

of the proper use of independent research and study, follow up in the Law Library

some of the case references, periodical articles or other material referred to in the

prime textbook or in class – or even to do some research of your own. For

supplementary reading, you could, for instance, begin by consulting the relevant



databases including SCC Online, LexisNexis, Manupatra, WestLaw India,

HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration,

Kluwer Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald &

EBSCO, and offline database including AIR.



assessment format. Internal examination will be conducted for 40 marks, which

includes one project (10 Marks), one tutorial (20 marks each) and a written

submission (10 marks).

11


include:

A. Mode of First Internal Assessment – Project (Long-Term Paper) (10

Marks)

B. Mode of Second Internal Assessment – Tutorial (Open Book

Examination) (20 marks)

C. Mode of Third Internal Assessment – Written Submission

External Assessment: The Symbiosis International (Deemed University) will

conduct external written examination for 60 marks. It consists of ten objective-type

(2 marks each = 20 marks) and 4 subjective-type/cases and open

problems/questions (10 Marks each) with an alternative (40 marks).


A. Project and Schedule

The project will be of ten marks. Following are the guidelines for the project:

Project will be allotted by Course In charge.

i) No Spiral Binding / plastic covers only stapled copy.

ii) Maximum word limit 2500.

iii) Printing to be done on both sides

iv) Plagiarism report to be attached by the learners (Max. Limit – 15-20%)

v) No handwritten submissions shall be taken

Late submission will invite the deduction of two marks per day. Deduction of the

marks to be calculated from the last date of submission

The timetable of the Project is as follows:

12

Project

Assignment

Submission

Result

December 31,

2019

February 8, 2020

February 20,

2020

Following are the parameters for project assessment:


Content 6 Marks

Analysis 2 Marks

Referencing 2 Marks


There will be one tutorial as per the schedule laid down herein below. It will be

“Cases and Open problems/questions‟ and it will carry 20 marks. Each student will

attempt it on all the occasion.

It is important to take notice that the tutorial is „open book‟; students are allowed

to bring any material, except electronic material, during tutorial.

Tutorial: There will be one tutorial. Tutorial will carry 20 marks (Total=20

marks). Tutorial will be an Open book.

It is Open Book Examination i.e. examinees are allowed to bring and use any

material including Books, Articles, Hand Written Notes, Hand Outs and alike printed

material. It does not include use of any electronic gadgets, machine or alike material.

13

Dates Topic

Date Result

March 4, 2020 March 16, 2020

Topic 1: Introduction to Energy Laws in India

Topic 2- The Electricity Act, 2003 and allied

Regulations

Topic 3 Fuel for production of Energy

Topic 4-The Petroleum and Natural Gas

Regulatory Board, 2006


Process: To understand the method, two online sessions (situation based) with the

use of Banyan Tree @Curiosity, will be conducted as per following schedule.

Online Teaching Sessions @Banyan Tree

Session

Begins

Ends

Attendance

I

January 29, 2020

January 31, 2020

One Lecture

II

February 10, 2020

February 12, 2020

One Lecture

Situation based question/s will be uploaded on „banyan tree‟ @ curiosity portal and

answers will be posted by the students as per schedule.

Both these sessions are COMPULSORY for all learners. Your quality

response/answer/reply within stipulated Date and Time allotted should be

submitted. Those, who will respond/answer/reply within stipulated Date and

Time allotted, will be granted attendance for „One Lecture‟. No response from a

learner will result in absentee of the said learner. Please remember attendance

so granted for the session/s will form part of the total lectures and thus

attendance.

14

C. Written Submission

The written submission will be of ten marks. Following are the guidelines for the

project:

The case comment will be allotted by Course In charge.

Word Limit (Not more than 3500 words)

Facts of the case

Statement of Issues

Analysis & Conclusion

No Spiral Binding / plastic covers only stapled copy.

Printing to be done on both sides

Plagiarism report to be attached by the learners (Max. Limit – 15-20%)

Following are the parameters for assessment of Case Comment:


Content 5 Marks

Reasoning 3 Marks

Analysis 2 Marks

Project –Submission Guidelines:

You are required to submit to Mr. Kumar Mihir, hard copy of your project on the

date of submission. It should comprise of Details of the Learner (Name, PRN,

Division and Programme),

Do not forget to send soft copy of the Final Project by email to

[email protected] on the due date. Subject line should be as: Name of

the Learner, Programme of Study, Division, PRN and Title of the Project Topic.

Only after Plagiarism check, Final Project will be evaluated out of remaining 10

marks. As per the anti-plagiarism policy, all projects shall be subject to plagiarism

check vide the „Turn-it in‟ software. The projects with more than 20% plagiarized

content shall be marked „zero‟.

Please note: the Learners who shall be travelling to any Summer School,

15

Semester Exchange Program etc. on the date of submission or the ones who shall

be interning out of station, can submit their projects prior to travelling (after having

due discussions with the Faculty-in-Charge), also „on behalf submissions will also be

accepted.

7. ADMINISTRATIVE ARRANGMENTS AND CONTACT HOURS

The Course in charge for Media Law is Mr. Kumar Mihir. If any doubts remain,

kindly contact Mr. Kumar Mihir via his e-mail ID: [email protected] during

office hours, i.e. 9 AM to 5:00 PM. If you wish the meet the Faculty in person the

learner should seek the appointment via email for the same.

All questions, comments, and feedback are welcome. While the lessons will be

seminar-style and all learners are encouraged to participate, those who do struggle

to speak in class are welcome to continue the conversation in person after class as

well. The aim is to give learners the greatest flexibility and autonomy over their

learning and thought process, especially when it comes to their distinct analyses of

the provided readings.

16

Annexure A

Guidelines for Project

Energy Law


2. Printing shall be in a standardized form

Font: Vernada

Spacing: one- and – a half.

Alignment: Justified

Page layout: left-1.5 cm, Top-Right-Bottom - 1 cm.

Word Limit: 2000-2500 Maximum


4. The title of the project, name of the candidate, degree, faculty, university, month

and year of submission, and the name of the research guide with his/her

designation and full official address shall be printed on the first page and on the

front cover as given in Appendix „A‟.

5. A certificate (Appendix „B‟) affirming that the research work of the candidate is

original, and that the material, if any, borrowed from other sources and

incorporated in the project has been duly acknowledged should be signed by the

candidate and counter signed by the research guide. It should also state that the

candidate himself/herself will be held responsible and accountable for plagiarism, if

any, detected later. The candidate and research guide should further certify that

research papers, if any, published based on the research conducted out of and in

the course of the study.

6. The first few pages of the thesis should be given as per Appendix „C‟.

7. Bibliography should be written alphabetically as per Appendix „D‟.

17

Appendix „A‟ – Front Page and Cover

Title of the project

----------------------------------------------------------------------------------

---------------------------------------------------------------

----------------------------------------------------

Submitted by


-----------------------------------------



Symbiosis International University, PUNE

In

Month, year


Name of guide

-----------------------------------


------------------------------------------------------------

--------------------------------------

18


C E R T IF IC AT E

The Project entitled “_________________________________” submitted to the

Symbiosis Law School, NOIDA for Energy Laws as part of Internal assessment is

based on my original work carried out under the guidance of ______________ from

________ to __________. The research work has not been submitted elsewhere

for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been

duly acknowledged.




Date:

19




Page 2- Certificate (Appendix „B‟) signed by candidate and counter signed by

research guide.


Page 4- Index




20

Appendix „D‟ – Bibliography



should be arranged alphabetically. The entries in the bibliography should be made

adopting the Harvard APA Referencing System.

BY

Ipsita Ray

Assistant Professor



December 2018- April 2019


Semester VIII

Teaching Plan

INTERNATIONAL TRADE

AND ECONOMICS

I. Introduction:

In this globalizing era, methodological nationalism has come to be replaced by the emergence of

a nascent global state, constituted of a network of international institutions. A plethora of potent

organizations of transnational, and quite often of supranational character, now regulate the realm

of international trade and economics. The composition and mode of functioning of the trinity-

the World Bank, the International Monetary Fund and the World Trade Organization- deemed

unholy by certain scholars, aptly portray the game of interests and politics of power

characterizing the current global economic order. Owing to the prescribed adherence to the legal

rules promulgated and policies formulated by or at the behest of these institutions, the policy

space of nations is increasingly deteriorating. Simultaneously, due to these institutions‟ alleged

tendency to advance the cause of a certain group of nations and class of people, the human rights

of the already disadvantaged populace of the world is in jeopardy.

This Course, therefore, in order to delve into the nuances of international trade and economics,

proposes to evaluate the veracity of the claims of benevolence of the dominant trade theories

today. The contribution of the relevant international organizations in the world economic order

shall be discussed. The methodology of teaching shall be interdisciplinary. The study of

GATT/WTO Law, which shall retain central focus in the Course, shall require analysis of the

semantics of the legal rules via utilization of the rules of interpretation, as well as ample

cognition of the socio-politico economic factors and historical power quotients that led to their

incorporation. The learners shall be enabled to envisage the subject from the various

perspectives. The choice, however, of adhering to any one of those or of striving for a holistic

vision of the subject, has to be made by the individual learner.

II. Learning Objectives (Knowledge, Skills and Outcome)

A. Knowledge

The overall objective of this course is to enable the learners to

(i) Demonstrate knowledge and understanding of the wide range of legal concepts, customs,

principles, rules and procedures surrounding International Trade and Economics.

(ii) Demonstrate a comprehensive and accurate knowledge and understanding of the detail of

both legal rules and theoretical rationale involved and relationship to the relevant economic,

social, commercial and political context in which International Trade and Economics

(convention and practice) operates.

The specific objective of this course is to enable the students to acquire a comprehensive

knowledge and understanding of basic principles of the GATT/WTO Law. The course aspires

that the learners will be able, in the context of a given problem, to identify the relevant

provisions of the International Trade Law, and apply the same taking note of politico-historical

inequities to arrive at a solution conducive to a just economic order.

B. Skills




Cognitive

The course demands that students have the capacity to demonstrate insight in presenting

materials drawn from a wide and sometimes contradictory range of primary and secondary

sources and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those


Employability

International Trade and Economics will demand that students have the capacity to be able to

write and use orally fluent and complex prose; using legal terminology with scrupulous care and

accuracy.

Subject Specific

International Trade and Economics will demand an ability to identify and select key relevant

issues and to apply that knowledge with clarity to difficult situations of significant legal

complexity; to analyze facts and to produce well-supported conclusions in relation to them.

C. Outcomes


independent research. These skills will be central to your success in completing this course’s



In preparing for tutorials, you will be asked to read, analyse and synthesize a number of cases.

You will also be asked to use that knowledge to support your answer to a number of

hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you will be



In preparing for the coursework assignment, particular emphasis will be placed on independent

learning i.e., the ability to take initiative in the design (individualised approach or plan of action)

and research (external legal and non-legal sources) of the stated project. The coursework in

question is deliberately broadly drawn, and is designed to challenge you in this regard.

Final Outcome

Assessment is by compulsory coursework examination (100%) (Internal (40%) and External

(60%) by Symbiosis International (Deemed University).

III. LECTURES


Lecture outlines, principally in the form of PowerPoint slides, and relevant study/reading

material will be made available in ‘The Library’ on ‘Curiosity’ Portal at

www.symlaw.curiositylive.com. To facilitate your understanding of these lectures, you should






attendance. The Students can update themselves of their attendance daily online in ‘Attendance’

on ‘Curiosity’ Portal at www.symlaw.curiositylive.com

http://www.symlaw.curiositylive.com/


B. Notifications

Learners are informed that notice/s, if required, with respect Academic Administration, either by

Course in Charge or Faculty In Charge, Academic Coordination will be sent using

‘Owl@Curiosity’. Either Course in Charge/Faculty in Charge, Academic Coordination or

Learner using ‘Library@Curiosity’ will publish no notifications. You are required to keep

yourself duly informed.

C. Lecture Outline

WEEK 1

31/12/2018

DISCUSSION OVER TEACHING PLAN



LECTURE 3: ORIGIN AND EVOLUTION

WEEK 2

07/01/2019

TOPIC 1 EVOLUTION OF INTERNATIONAL TRADE

LECTURE 4: ORIGIN AND EVOLUTION

LECTURE 5: TRADE THEORIES


WEEK 3

14/01/2019

TOPIC 2 NATURE AND SCOPE OF INTERANATIONAL ECONOMIC

LAWS


LECTURE 8: RELATION BETWEEN INTERNATIONAL TRADE LAW

AND INTERNATIONAL ECONOMIC LAWS

LECTURE 9: PRINCIPLES OF INTERNATIONAL ECONOMIC LAWS

WEEK 4

21/01/2019

TOPIC 4 GROWTH AND DEVELOPMENT OF WTO



LECTURE 12: ORIGIN OF GATT- THE BRETTON WOODS SYTEM

WEEK 5

28/01/2019

TOPIC 5 THE WORLD TRADE ORGANITION: THE STRUCTURAL

DIMENSION

LECTURE 13: FROM GENEVA TO TOKYO ROUNDS

LECTURE 14: THE URUGUAY ROUND AND THE WORLD TRADE

ORGANIZATION

LECTURE 15: WTO OBJECTIVES, SCOPE AND FUNCTIONS

WEEK 6

04/02/2019

TOPIC 6 DISPUTE SETTLEMENT MECHANISM AT WTO

LECTURE 16: BASIC STRUCTURE OF THE WTO

LECTURE 17: MEMBERSHIP, ACCESSION AND WITHDRAWAL

LECTURE 18: DECISION MAKING AT WTO

WEEK 7

11/02/2019

TOPIC 6 DISPUTE SETTLEMENT MECHANISM AT WTO

LECTURE 19: DECISION MAKING AT WTO

LECTURE 20: COMPARITIVE STUDY OF DISPUTE SETTLEMENT IN

WTO AND GATT

LECTURE 21: BASIC OVERVIEW OF THE DSU PROCESS INCLUDING

CONSULTATION, PANELS FORMATION AND IMPLEMENTATION.

WEEK 8

18/02/2019

TOPIC 3: WORLD ECONOMIC ORDER AND CONTRIBUTIONS OF

VARIOUS INTERNATIONAL AGENCIES

LECTURE 22: APPEALTE REVIEW

LECTURE 23: ALTERNATIVE DISPUTE SETTLEMENT: MEDIATION

AND ARBITRATION AND INTERACTION OF THE DSU RULES WITH

OTHER WTO AGREEMENTS

LECTURE 24: UN AND ITS SPECIALIZED AGENCIES: UNCTAD &

UNCIRAL

WEEK 9

25/02/2019

TOPIC 7: ANTIDUMPING, SUBSIDIES AND COUNTERVAILING DUTIES

LECTURE 25: WORLD BANK AND IMF

LECTURE 26: ROLE OF WORLD BANK AND IMF IN REALIZING THE

CONCEPT OF INCLUSIVE GROWTH

LECTURE 27: ANTI-DUMPINMG –BASIC OVERVIEW- HISTORY OF

GATT/WTO ANTI-DUMPING RULES

WEEK 10

04/03/2019

TOPIC 7: ANTIDUMPING, SUBSIDIES AND COUNTERVAILING DUTIES

LECTURE 28: ANTI-DUMPING INVESTIGATIONS

LECTURE 29: ANTI-DUMPING MEASURES

LECTURE 30: SUBSIDIES- MEANING AND TYPES

WEEK 11 TOPIC 11: OTHER SECTORAL ISSUES

Computer

Highlight

11/03/2019 LECTURE 31: AGREEMENT OF AGRICULTURAL AND SUBBSIDIES

LECTURE 32: COUNTERVAILING DUTIES AND MEASURES

LECTURE 33: TRADE IN GOODS -OVERVIEW

WEEK 12

18/03/2019

TOPIC 9: TRADE IN SERVICES

LECTURE 34: AGRICULTURE, TRIMS

LECTURE 35: TECHNICAL BARRIERS TO TRADE AND SANITARY

AND PHYTOSANITARY MEASURES

LECTURE 36: NATURE OF SERVICES- SCOPE OF GATT

WEEK 13

25/03/2019

TOPIC 10: TRIPS

LECTURE 37: GENERAL OBLIGATIONS AND DISCIPLINES

LECTURE 38: SPECIFIC COMMITMENTS

LECTURE 39: HISTORICAL TREATMENT OF IP

WEEK 14

01/04/2019

TOPIC 12: MINISTERIAL CONFERENCES AND ITS CONTRIBUTION

LECTURE 40: FRAMEWORK OF TRIPS AGREEMENT

LECTURE 41: IP AND PREFERENTIAL TRADE AGREEMENT

LECTURE 42: MINISTERIAL CONFERENCES AND ITS CONTRIBUTION

WEEK 15

08/04/2019

TOPIC 12: MINISTERIAL CONFERENCES AND ITS CONTRIBUTION



LECTURE 45: DISCUSSION

WEEK 16

15/04/2019




WEEK 17

22/04/2019




circumstances.

Computer

Highlight

IV. Reading Material:

Text Book

1. Bossche Peter van Den (2013), The Law and Policy of the World Trade Organisation,

Cambridge University Press.

2. Carr Indira et.al. (2013), Principles of Law Relating To International Trade: International

Trade Law and the WTO, The Federation Press.

3. Chandiramani Nilima, World Trade Organisation and Globalisation: An Indian Overview,

Shroff Publishers and Distributors (1999).

4. Drache Daniel and Lesley Jacobs (2014), Linking Global Trade and Human Rights: New

Policy Space in hard Economic Times, Cambridge University Press.

5. Guzman Andrew T. and Pauwelyn Joost (2012), International Trade Law, Wolters Kluwer

Law and Business.

6. Khursid Hyder (1968), Equality of Treatment and Trade Discrimination in International Law,

Springer Netherlands.

7. Jackson John H. (1997), The World Trading System: Law and Policy of International

Economic Relations, 2nd edition, Cambridge: MIT press.

8. Jackson John H. (2007), The Jurisprudence of GATT and WTO, Cambridge University Press,

New York.

9. Lang Andrew (2011), World Trade law after Neoliberalism: Reimagining the Global

Economic Order, Oxford University Press.

10. Lester Simon and Mercurio Bryan (2010), World Trade Law Text, Materials and

Commentary, Universal Law Publishing Co., New Delhi.

11. Linarelli, John (ed.) (2013), Research handbook on Global Justice and International

Economic Law, Edward Elgar Publishing.

12. Matsushita Mitsuo et.al. (2015), The World Trade Organization- Law, Practice and Policy,

Cambridge University Press.

13. Narlikar, Amrita and Daunton, Martin (eds.) (2014), Oxford Handbook on the World trade

Organization, Oxford University Press.

14. Rolland Sonia E. (2012), Development at the World Trade Organization, Oxford University

Press.

15. Trebilcock Michael J and Howse Robert (1995), The Regulation of International Trade, New

York Routledge.

16. Murray Carole, Holloway David and Timson-Hunt Daren, Export Trade: The law and

Practice of International Trade, ed. 11, Sweet & Maxwell (South Asian Edition).

17. Myneni S. R, International Trade Law (2017), Allahabad Law Agency.

18. Bhagwati Jagdish, In Defence of Globalization, Oxford University Press (2004).

19. Schnitzer Simone, Understanding International Trade Law, Universal Law Publishing

Company.

20. Reid Emily, Balancing Human Rights, Environmental Protection and International Trade-

Lessons from the EU experience, Studies in International Trade Law.

21. Chatterjee Ishita, International Trade law, Central Law Publication.

22. Lang Andrew, World Trade Law after Neoliberalism Re-imagining the Global Economic

Order, Oxford Publication.

23. Gelinas Fabien (Ed.), Trade Usages and Implied Terms in Age of Arbitration, Oxford

University Press.

24. Kouladis Nicholas, Principles of Law Relating to International Trade, Springer Publishing

Company (2014).

25. Baplawat Abhishek, Law Relating to International Trade, Random Publications.

26. Bagchi Jayanta, World Trade Organisation An Indian Perspective, Eastern Law House.

27. Das Bhagirathlal, WTO, A Guide to the Framework for International Trade, Earthworm

Book (1999).

28. Gervais Daniel, The TRIPS Agreement: Drafting, History and Analysis, Sweet and Maxwell

(1998).

29. Kaul A K, The General Agreement on Tariffs and Trade/ World Trade Organization, Law

Economics and Politics, Satyam Boos, 2nd Ed, (2010).

30. Mathur Vibha, WTO and India: Development Agenda for the 21st Century, New Century

(2005).

31. Rao Narsimha C, Globalisation, Justice and Development, Serial Publications (2007).

32. Bhala Raj, International Trade Law: An Interdisciplinary Non-Western Textbook (Vols 1 &

2) Lexis Nexis (2015).

LIST OF JOURNALS AND PERIODICALS:

1. Economic & Political Weekly.

2. Foreign Trade Review, IIFT Publication.

3. World Focus, India’s Foreign Policy, Series I, Special Issue, November 2018.

WTO Text:

1. WTO Analytical Index- Guide to WTO Law and Practice, 3rd edition (2012), volume I,

Cambridge Publication.

2. WTO Analytical Index- Guide to WTO Law and Practice, 3rd edition (2012), volume II,

Cambridge Publication.

LIST OF CASES:

1. European Communities — Regime for the Importation, Sale & Distribution of Bananas,

WT/DS 27, 5 Feb., 1996

2. India – Measures Affecting the Automotive Sector WT/DS146/R, 5 April, 2002

3. U.S. –Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from

India, WT/DS 436/AB/R (19 December 2014)

4. India-Certain Measures Relating to Solar Cells and Solar Modules, WT/DS 456, 6 Feb.

2013

5. India-Certain Measures Relating to Solar Cells and Solar Modules case, Complaint by US

against India, WT/DS 456, 6 Feb. 2013 (Panel Report has been appealed by India on 20 April,

2016)

6. US- Measures Affecting The Cross-Border Supply of Gambling and Betting Services,

WT/DS285/AB/R (adopted on 20 April 2005)

7. United States-Anti-Dumping and Countervailing Measures on Steel Plate from India case,

Complaint by India against US, WT/DS 206, 19 Feb., 2003

8. United States-Continued Dumping and Subsidy Offset Act of 2000 case, Complaint by

Australia, Brazil, Chile, European Communities, India, Indonesia, Japan, Korea, Thailand

against US, WT/DS 217, 21 Dec., 2000 (Authorization to retaliate granted on 26 November

2004)

9. United States- Countervailing and Anti-dumping Measures on Certain Products from China

case, Complaint by China against US, WT/DS 449, 7 July, 2014. 4. China-Anti-Dumping and

Countervailing Duties on Certain Automobiles from the United States case, Complaint by US

against China, WT/DS 440, 18 June, 2014

10. U.S. –Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products From

India, WT/DS 436/AB/R (19 December 2014)

11. Canada- Certain Measures Relating to the Renewable Energy Sector, WT/DS412/AB/R (24

May 2013)

12. European Communities – Measures Affecting Trade in Large Civil Aircraft,

WT/DS316/AB/R (adopted 18 May 2011)

13. Application of Article 1:1 to Rebates on Internal Taxes [India Tax Rebates on Exports]

(1948); II GATT B.I.S.D. 12

14. Japan-Taxes on Alcoholic Beverages case, Complaints by the European Communities,

Canada, and the United States against Japan, (WT/DS8, DS10, DS11), Appellate Body and Panel

Reports adopted on 1 November, 1996.

15. US Taxes on Automobiles case, Complaints by the European Community against US,

WT/DS 31/R, 11 Oct., 1994

16. European Communities — Regime for the Importation, Sale and Distribution of Bananas

case, Complaint by Ecuador, Guatemala, Honduras, Mexico, United States against European

Community, WT/DS 27, 5 Feb., 1996

17. Korea-Measures Affecting Imports of Fresh, Chilled and Frozen Beef case (Korea-Beef

case), Complaint by US & Australia against South Korea, WT/DS 161, 11 Dec., 2000

18. India – Measures Affecting the Automotive Sector case, Complaint by US & EU against

India, WT/DS146/R, 5 April, 2002

19. European Communities – Measures Prohibiting the Importation and Marketing of Seal

Products, WT/DS400/AB/R and WT/DS401/AB/R (adopted 18 June 2014)

20. EEC – Imports of Beef, GATT Panel Report, European Economic Community – Imports of

Beef from Canada, adopted 10 March 1981, BISD 28S/92

21. Spain – Unroasted Coffee, GATT Panel Report, Spain – Tariff Treatment of Unroasted

Coffee L/5135, adopted 11 June 1981, BISD 28S/102

22. US – Tuna (Canada), GATT Panel Report, United States – Prohibition of Imports of Tuna

and Tuna Products from Canada, adopted 22 February 1982, BISD 29S/ 91

23. US – Tuna (EEC), GATT Panel Report, United States – Restrictions on Imports of Tuna, 16

June 1994, unadopted, DS29/R

24. Canada – Periodicals, Panel Report, Canada – Certain Measures Concerning Periodicals,

WT/DS31/R and Corr.1, adopted 30 July 1997, as modified by the Appellate Body Report

WT/DS31/AB/R, DSR 1997:I, 481

25. Japan – Alcoholic Beverages II, Panel Report, Japan – Taxes on Alcoholic Beverages, WT/

DS58/R, WT/DS10/R, WT/DS11/R, adopted 1 November 1996, as modified by the Appellate

Body Report, WT/DS58/AB/R, WT/DS10/AB/ R, WT/DS11/AB/R, DSR 1996:I, 125

26. US – Shrimp, Panel Report, United States – Import of Certain Shrimp and Shrimp Products,

WT/DS58/R and Corr.1, adopted 6 November 1998, as modified by the Appellate Body Report,

WT/DS58/AB/R, DSR 1998:VII, 2821




For supplementary reading, you could, for instance, begin by consulting the relevant sections of

the “alternative” texts placed on loan in the law library. Thereafter you could engage in your own

research, with particular reference to journals on online databases including SCC Online,

LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR etc.

V. ASSESSMENT:


A. Mode of First Internal Assessment – Project (Long-Term Paper)- 10 MARKS

B. Mode of Second Internal Assessment – Tutorial (Open Book Examination)- 20 MARKS

C. Mode of Third Internal Assessment -PRESENTATION– 10 MARKS




marks).

VI. Internal Assessment Mode and Schedule





The learners are not required to submit interim report of project paper and no marks will

be allotted for the same. However, learners are encouraged to discuss their project paper with

course in charge before submitting the final draft for evaluation.

Learners are allowed to select their own project topics within their course structure. A

Google document will be shared with the class and each learner is supposed to mention their

research topic within the same. However, two learners cannot be allowed to share the same

topic for research. In case of conflict, the Course-in –charge will have all rights to finalize

topic for the learners. The same rule applies to learners who fail to submit their interest within

stipulated period of time.



standard lecture and test format courses. It also aims at promoting scholarship in this significant

field of law, which has gained much momentum in practice but often lacks solid theoretical

underpinnings due to lack or inadequacy of statutory provisions.

GUIDELINES:

1. The project paper will be in the form of an article with suitable inputs from the learners. The

article must have an introduction (1 mark); review of literature (2marks), a research question and

body of article (4 marks), suggestion and conclusion (3 marks). Proper citation method must be

used to acknowledge the resources.

Typewriting shall be in a standardized form and following specifications:

• Paper Size: A4













submission, and the name of the research guide with his/her designation and full official address

shall be printed on the first page and on the front cover as given in Appendix ‘A’.

8. A certificate (Appendix ‘B’) affirming that the research work of the candidate is original, and

that the material, if any, borrowed from other sources and incorporated in the research project

report has been duly acknowledged should be signed by the candidate. It should also state that

the candidate himself/herself would be held responsible and accountable for plagiarism, if any,

detected later.


(Google document sharing) Project Assignment Final Submission Results

31st December 2018 2nd January 2019 4th February 2019 12th February 2019


There will be one tutorial. The tutorial will carry 20 marks. The tutorial will be two questions of

10 marks each. Each learner will attempt it on all occasion. The tutorial will be open book,

problem based questions.

Tutorial Test

date

Result

date

Topic

Tutorial 5th

March

2019

12th

March

2019

Origin and Evolution of International Trade., Trade Theories,

Principles of International Economic laws, Linkage between

International Economic laws and international trade, Growth

and development of WTO and GATT, Dispute Settlement

Mechanism.




Banyan Tree Query Begins Ends Attendance

Query 1 January 25, 2019

@ 4.00 pm.

January 27, 2019

@4.00 pm.

One lecture

Query 2 February 24, 2019

@ 4.00 pm.

February 26, 2019

@4.00 pm.

One lecture



respond/answer/reply within stipulated Date and Time allotted, will be granted attendance for

‘One Lecture’. No response from a learner will result in absentee of the said learner. Please

remember attendance so granted for the session/s will form part of the total lectures and thus

attendance.

C. Presentation and Schedule:

The third mode of assessment will be class presentation made by the learner. Topics will be

allotted to learners by course in charge by 31st of January, 2019. Last four lectures have been

kept exclusive for presentation. A schedule will be circulated to learners within due course of the

same.

Each learner will get 10 minutes for making a presentation and 5 minutes will be kept for open

house. All learners of International Trade and Economics will sit for all presentations and

attendance for the same will be provided. Evaluation will be based on research (5 marks),

structure of presentation (2marks) and ability to answer the questions asked (3 marks).

VI. ADMINISTRATIVE ARRANGEMENTS

The course faculty for Administrative Law is Ms. Ipsita Ray (Course In-Charge). In case you

face any problem in dealing with the subject, feel free to see the concerned faculty. Notices

relating to the course will be posted through academic support.

VII. OFFICE HOURS AND CONTACT INFORMATION

If few doubts remain, please contact Prof. Ipsita Ray via her e-mail: [email protected]. It

is strongly recommended that learner should not call after college hours. Please do speak up

during the class. It is expected from each of the learners to glean as much from these readings

and our discussions as possible. Remember that there is no such thing as a "stupid question",

provided it is relevant to the subject matter.



----------------------------------------------------------------------------------

---------------------------------------------------------------

Submitted by


-----------------------------------------




In

Month, year


Name of Guide

-----------------------------------


------------------------------------------------------------

--------------------------------------


C E R T IF IC AT E


School, NOIDA for Administrative Law as part of internal assessment is based on my original

work carried out under the guidance of ______________ from________ to __________. The

research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research work has been duly

acknowledged. I understand that I myself could be held responsible and accountable for



Date:




============================


Semester IX

Teaching Plan

Labour and Industrial Law

By

Rajnish Jindal



July 2018 – October 2018

1. INTRODUCTION

Today, the functions of State are not limited only to maintenance of law and order, adjudicating

upon disputes and regulation of economic and social life of individuals and groups. In addition to

this, the modern State is also the Protector, Provider and Entrepreneur. Labour is one of the basic

resources of any industry and has an important bearing on the performance and goals of the

organization. In India we have a good number of Laws which deal with issues concerning Labour

administration, labour welfare, regulation of industrial relations between the management and the

workers.

The labour enactments in India, is divided into five broad categories, viz. Working Conditions,

Industrial Relations, Wage, Welfare and Social Securities. The primary concern of this course is to

draw attention of the students briefly to the march of the industrial society from laissez faire era

to the moorings of the concept of welfare state and the need for state intervention in the arena of

employer-employee relationship for achieving higher standards of social justice; need for which is

more imperative in the real day era of globalization where both developed and developing

nations have framed new socio economic policies. The students need to be versed with the

historical and todays perspective relating to the development of labour welfare in law and society.

The enactments are all based upon Constitution of India and the resolutions taken in ILO

conventions from time to time. Indian labour law refers to laws regulating employment. There

over fifty national laws and many more state-level laws. Traditionally Indian Governments at

federal and state level have sought to ensure a high degree of protection for workers through

enforcement of labour laws.


A. Knowledge

The overall objective of this course is to enable learners to;

i. Demonstrate knowledge and understanding of the wide range of „concepts‟, „principles‟,

„rules‟ and „procedures‟ regarding labour and Industrial Law as applicable in India.

ii. Understanding of the labour law, theoretical rationale involved therein, and relationship of

these laws to the relevant economic, social, commercial & political context in which the

laws operate.

At the completion of this course, learners would have acquired a general understanding of the

principles, including various historical, socio-economic-politico factors, upon which syllabus-

mentioned „Labour and Industrial Laws‟ are usually based.

B. Skills

The overall objective of this undergraduate course is to develop in the learner the following set of

skills:

Cognitive

The course demands that learners have the capacity to demonstrate insight in presenting

materials drawn from a wide & sometimes contradictory range of primary & secondary sources,

and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those


Employability

This course on „Labour and Industrial Law‟ demands that learner has the capacity to analyze and

implicate various labour statutes.

Subject Specific

„Law‟ demands an ability to identify & select issues from our day to day life & from our

surroundings, to analyze such identifications to look out or to produce well-supported legal

framework in relation to them. This course enhances skills of the learner to interpret the socio-

legal labour and Industrial issues in different-different kinds of legal set-up.

C. Outcomes

Two key skills will be highlighted by this course (a) „interpreting labour provisions while learning

socio legal philosophy of labour law and (b) independent research. These skills will be central to

learner‟s success in completing this course‟s scheme of assessment.

While preparing for the coursework assignment, particular emphasis will be placed on

independent learning i.e., the ability to take initiative in the design (individualized approach or

plan of action) and research (external legal and non-legal sources) of the stated project. The

coursework in question is deliberately broadly drawn, and is designed to challenge the learners in

this regard.

D. Final Outcome

Assessment is by compulsory coursework examination: 40% - Internal Assessment, by the

Symbiosis Law School, NOIDA; and, 60% - External Assessment, by Symbiosis International

(Deemed University), Pune.

3. LECTURES


Three lecture times have been set aside for this course for each group. Verify it from the timetable

assigned for each division. Relevant material for the next lecture or for answering the questions

posted on Banyan Tree will be made available in „The Library‟ on „Curiosity‟ Portal at

https://slsnoida.curiositylive.com. In addition, Session Plan/Course Material will be also be

provided containing Suggested Reading such as Books; Journal Articles and cases as decided by

Judiciary related to the course.




You are notified that two online sessions with the help of „Banyan Tree @ Curiosity‟ will be

conducted for Tutorial I and II. We will be expecting your response/ answer/ reply within

stipulated time given. Those, who will respond / answer / reply within stipulated time given, will

be granted attendance for one lecture each. This activity is compulsory for all and attendance so

granted will form part of the total attendance.


attendance. The Students can update themselves of their attendance daily online in „Attendance‟

on „Curiosity‟ Portal at https://slsnoida.curiositylive.com.


B. Notifications

Learners are informed that notice/s, if required, with respect Academic-Administration, either by

Course in Charge or Faculty In Charge, Academic Coordination will be sent using „Owl@Curiosity‟.

Either Course in Charge/Faculty In Charge, Academic Coordination or Learner using

‘Library@Curiosity’ will publish no notifications. You are required to keep yourself duly

informed.

C. Lecture Outline:

Week Lecture Topics

Week – 01

6th

July, 2018



Lecture-3 Topic 1: Historical Perspective on Labour

Labour Capital Conflicts: Exploitation of labour, profit motive, poor

bargaining power, poor working condition, unorganized labour,

bonded labour, surplus labour, and division of labour and super

specialization- lack of alternative employment

Week – 02

9th

July, 2018

Lecture-4 From Laissez faire to welfarism and to globalization: transition from

exploitation to protection and from contract to status- changing

perspectives on labour.

Lecture-5 Topic 2: International Labour Organization

I.L.O Genesis, Aims and Objectives.

Lecture-6 Constitution, Structure

Week – 03

16th

July, 2018

Lecture-7 Conventions

Lecture-8 International Labour Standards and Legislations in India

Lecture-9 International Labour Standards and Legislations in India

Week – 04

23rd

July, 2018

Lecture-10 ILO conventions and recommendations, Ratification of ILO

conventions by India.

Lecture-11 Topic 3: Trade Unionism

Labour Movement as a counter measure to exploitation: History of

trade union movement in India

Lecture-12 Right to trade union as a part of human right to freedom of

association: International norms and the Indian constitution

Week – 05

30th

July 2018





Lecture-15 Problems: multiplicity of unions, over politicization- Intrusion and

inter union rivalry, outside leadership, closed shop and union shop,

recognition of unions

Week – 06

6th

Aug., 2018

Lecture-16 Problems: multiplicity of unions, over politicization- Intrusion and

inter union rivalry, outside leadership, closed shop and union shop,

recognition of unions

Lecture-17 Topic 4: Concept and Scope of Industrial relations

Development of employer and employee relations.

Lecture-18 Development of employer and employee relations

Week – 07

13th

Aug., 2018

Lecture-19 Changing Patterns of development of industrial relation in India




circumstances.

Week – 08

20th

Aug., 2018

Lecture-22 Topic 5: Collective Bargaining

The Concept, International Norms: conditions, precedents, merits

and demerits

Lecture-23 International Norms: conditions, precedents, merits and demerits

Lecture-24 Techniques of pressurization: strike and lockout, go slow, work to

rule, gherao, bandh

Week – 09

27th

Aug., 2018

Lecture-25 Structure of bargaining: plant, industry and national levels

Lecture-26 Duration and enforcement of bipartite agreement

Lecture-27 Topic 6: Discipline in Industry

Doctrine of hire and fire –History of management‟s prerogative

Week – 10

3rd

Sep., 2018

Lecture-28 Doctrine of hire and fire –History of management‟s prerogative

Lecture-29 Fairness in disciplinary process

Lecture-30 Fairness in disciplinary process

Week – 11

10th

Sep., 2018

Lecture-31 Punishment for misconduct – meaning of misconduct

Lecture-32 Punishment for misconduct – meaning of misconduct

Lecture-33 Domestic enquiry

Week – 12

17th

Sep., 2018



Lecture-36 Topic 7: Remuneration for Labour

Concept of wages (Minimum Wages, fair wages, living wages, need

based minimum wages)

Week – 13

24th

Sep., 2018

Lecture-37 Concept of wages (Minimum Wages, fair wages, living wages, need

based minimum wages)

Lecture-38 Disparity of wages in different sectors, need for rationalization and

national approach

Lecture-39 Wage Board and Pay Commission

Week – 14

1st Oct., 2018

Lecture-40 Principles of Wage fixation

Lecture-41 Concept of bonus, Computation of bonus

Lecture-42 Concept of bonus, Computation of bonus

Week – 15

8th

Oct., 2018

Lecture-43 Topic 8: Labour and Welfare Security

Working Conditions of Labour

Lecture-44 Changing Concept of labour welfare

Lecture-45 Obligation for health and safety of workmen: Legislative controls,

mines, factory, dock and plantations

Week –16

15th

Oct., 2018

Lecture-46 Obligation for health and safety of workmen: Legislative controls,

mines, factory, dock and plantations

Lecture-47 Concept of Social Security; Scope of Social Security in India,

problems of social security, Institutional growth of social security.

Lecture-48 Concept of Social Security; Scope of Social Security in India,

problems of social security, Institutional growth of social security.

Week –17

22nd

Oct., 2018

Lecture-49 Course Review

Week –18

29th

Oct., 2018

Lecture-50 Course Review


A. Textbook

J P Sharma, Simplified Approach to Labour Laws; (Bharat Law House, Delhi 2018).

S N Mishra, Labour and Industrial Laws, (CLP, 2018).

Dr. V.G. Goswami, Labour and Industrial Laws - Social Security legislation in India (Vol. 1), (Jain

Book Agency, 2018).

O. P Malhotra, The Law of Industrial Disputes; (Universal Law Publishing Co., Delhi, 1998).

Justice D.D. Seth, revised by V.K. Kharbanda; Commentaries on Industrial Disputes Act, 1947,

(Jain Book Agency, 9th edition, 2007 with Supplement 2009).

P. K. Padhi, Labour and Industrial Laws; (Jain Book Agency,2012).

H.L Kumar, Labour & Industrial Law; (Jain Book Agency, 7th edition, 2013).

Prof. Ahmedullah Khan & Amanullah Khan, Commentary on Labour and Industrial Law (Jain

Book Agency, 7th edition, 2013).

Prof Dr Rega Surya Rao, Lectures on Labour and Industrial Law, (Jain Book Agency, 2012).

Prof. Surya Narayan Misra, Labour and Industrial laws, (Central law Publications,27th

Edn,2013)

K.D Srivastava, Commentaries on Factories Act, 1948, (Eastern Book Company,2000)


Industrial Disputes Act, 1947

The Trade Unions Act, 1926

Industrial Employment (Standing Orders) Act, 1946

Employees Compensation Act, 1923

Employees Provident Fund Act, 1948

Employees State Insurance Act, 1948

The Minimum Wages Act, 1936

Payment of Wages Act, 1936

Note:


It shall be compulsory for all the learners to carry Bare Acts/ Manual during all the working days

of a given Semester.

Earlier editions of a number of the above texts might also be available and can be consulted once

account is taken of their datedness, particularly as to applicable case law.

Students are required to update their knowledge and information by referring to other reference text,

articles, newspapers, journals, case laws and Internet as and when necessary. Students are suggested

to utilize online databases provided by the Law School.

These texts were selected because they provide in one volume a combination of text, cases and

materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text provides the

basic reading for the course only. There is much more to the course than this, and you will

undoubtedly benefit from undertaking some reading and study of your own. It is creditable if you, in

respect of the proper use of independent research and study, follow up in the Law Library some of the

case references, periodical articles or other material referred to in the prime textbook or in class – or

even to do some research of your own. A good resource to use is the Symbiosis Law Library and

online databases as applicable such as AIR, SCC Online, Manupatra, Westlaw India, Hein Online,

JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer

Competition), Ebrary, Emerald and EBSCO. Further, I will make available articles by eminent scholars

in this field to be issued from the Library (suggestive list will be provided at the time of teaching). If

Copyright policy of the publisher of those articles permits, I will make the soft copy of the articles will

be made available in „Library‟ at curiosity.symlaw.edu.in.

For supplementary reading, you could, for instance, begin by consulting the relevant sections of the

“alternative” texts placed on loan in the law library. Thereafter you could engage in your own research,

with particular reference to journals on online databases including SCC Online, LexisNexis,

Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration,

Kluwer Patent, and Kluwer Competition), Ebrary, Emerald & EBSCO, and offline database

including AIR.


Learners will be examined in this course by Internal Assessment (40%) and External Assessment (60%).

Internal examination will be conducted for 40 marks; it will include two tutorials (10 marks each) and a

Research Project (20 marks). The „external assessment‟ will be of 60 marks (ten objective questions of

two marks each and four descriptive/subjective questions of ten marks each).

6. PROJECT/TUTORIAL

A. Tutorial/ Project Timetable

There will be two tutorials, both compromising of “Written Test” and will be an Open book. Each

tutorial will carry 10 marks each (Total=20 marks). Each student will attempt it on all occasion. In

addition, one Research Project will be undertaken by learners which will be evaluated out of 20 marks

i.e. Written Submissions: 15 Marks [Interim (05) + Final (10)] and Viva-Voce/Presentation Examination:

5 Marks. Marks shall be allotted on the basis of the ideas, thoughts, originality and presentation of

ideas by the respective student.

It is Open Book Examination i.e. examinees are allowed to bring and use any material including

Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It does not include

use of any electronic gadgets, machine or alike material.

The timetable of the Tutorials, Research Project and Viva is as follows:

Tutorial Schedule

Tutorial Date

Topic Test Result

First August 9, 2018 August 17, 2018 Topic 1, 2 & 3

Second Sept. 12, 2018 September 22, 2018 Topic 4, 5 & 6

Project Schedule

Research Project

Assignment of Topic Synopsis Submission Final Submission Results

July 9, 2018 August 1, 2018 September 6, 2018 October 6, 2018

Viva-Voce Schedule

Date Group Sr. No. Time

September 20, 2018 A 1-16 11:30 AM – 4:30 PM

September 21, 2018 A 17-34 11:30 AM – 4:30 PM

September 24, 2018 A 35-52 11:30 AM – 4:30 PM

September 25, 2018 A 53-70 11:30 AM – 4:30 PM

September 26, 2018 A 70 Onwards 11:30 AM – 4:30 PM

September 27, 2018 B 1-16 11:30 AM – 4:30 PM

September 28, 2018 B 17-34 11:30 AM – 4:30 PM

October 1, 2018 B 35-52 11:30 AM – 4:30 PM

October 3, 2018 B 53-70 11:30 AM – 4:30 PM

October 4, 2018 B 70 Onwards 11:30 AM – 4:30 PM


Tutorial - I Tutorial – II

Date of Uploading ‘Cases and Open

problem/question’’ by the faculty

August 1, 2018

@ 8:00 PM

September 3, 2018

@ 8:00 PM

Last-date for uploading reply by the

students

August 3, 2018

@ 8:00 PM

September 5, 2018

@ 8:00 PM

B. Tutorial

The tutorials give an opportunity to learners and teachers, both, to assess the learning; it further helps

in taking remedial course. In this process, scheduling of tutorial is very important, that‟s why both the

tutorials are scheduled during running of the semester so that ample time is there to take the

remedial course of action. Tutorials also give an opportunity to develop written skills of presentation

and reasoned arguments. In order to achieve the objective of this course, two tutorials are scheduled

in this semester the following way:

Tutorial 1st: (Descriptive questions)

This tutorial will be based upon various theories/concepts of syllabus contents. In this respect, it is

important to refer the contents stated above as syllabus for the tutorials. It will be altogether

analytical question based test wherein conceptual learning of the learners will be tested.

Tutorial 2nd

: (Descriptive questions)

Second tutorial will also be based upon various theories/concepts of the syllabus contents. In this

respect, it is important to refer the contents stated above as syllabus for the tutorials. It will be

altogether analytical question based test wherein conceptual learning of the learners will be tested.

C. Research Project

Research project is aimed at improving the writing, research, and communication and presentation

skills to make students learning academically more challenging and rigorous than standard lecture

and test format courses. It also aims at promoting scholarship in this significant field of law, which has

gained much momentum in practice but often lacks solid theoretical underpinnings due to lack or

inadequacy of statutory provisions. It further aims to enhance learning capability by research amongst

the learners, creative a forum for enhancing a greater dialogue between the scholarly community,

policymakers and practitioners. The details about the rules of submission are annexed with this

document. (Refer to Annexure A) It is further informed that learners must use ‘Harvard APA

Referencing System’.

Process:

Project – Interim Submission – Guidelines: Please note that you are required to submit to Rajnish

Jindal, soft copy (not hard copy of the Interim submission (not more than two pages) of your project

on or before the date of submission via email to [email protected]. It should comprise of Details


of the Learner (Name, PRN, Division and Programme), Title of the Project, Introduction to the Project,

Synopsis of the Project and Conclusion. Interim submission will be evaluated out of 5 marks.

Project – Final Submission – Guidelines: You are required to submit soft copy and hard copy of the

Project to [email protected] on or before the due date of submission. Subject line should be as:

Name of the Learner, Programme of Study, Division, PRN and Title of the Project Topic.

Only after Plagiarism check, Final Project will be evaluated out of remaining 10 marks. As per the anti-

plagiarism policy, all projects shall be subject to plagiarism check vide the „Turn-it In‟ software. The

projects with more than 30% plagiarized content shall be marked „zero‟.


The course will be offered by Rajnish Jindal. Students are encouraged to visit or write to the concerned

faculty for queries and concerns about the course.


If few doubts remain, please contact me via e-mail: [email protected] or during office hours.


Specific Guidelines for Synopsis Submission

‘Synopsis Writing’

Introduction to

‘synopsis writing’

Synopsis is a document that lays down structure of the proposed research.

It states what the researcher is going to do in his research work, and how it

would be done. It further lays down the research methodology to be used

by the researcher. Explicitly, scope of the intended research is also

delimited so the research work may not go astray.

Contents of the

‘synopsis’

Heading Remarks

I Introduction Give introduction to the topic

allotted in around 200 words

II Brief Review of the Existing

Literature

Read a few books or articles or

cases on the allotted topic, and

make brief review.This section

basically states what various

writers/authors/legal-

scientists/courts say about on the

relevant topic.

III Statement of the Problem This „section‟ defines „title‟ of the

project. It justifies why the

research work is given such „title‟.

If it is a case law then it is going to

be a case comment on the given

case.

IV Research Methodology It gives scientific explanation of

methods to be used by the

researcher. It further mentions

the kind of resources to be used

in research by the researcher.

V Delimitation It delimits scope of research work.

VI Proposed Chapters

(if there is any)

The intended research work may

not have chapters, but, „final

report‟ must be written under

various „headings‟. Hence, in the

synopsis to be submitted, such

„headings‟ must be laid down.

Note: ‘Synopsis’ to be submitted must be in hand-writing; and only plain-sheet can be used

for this purpose.

Specific Guidelines/Format for ‘Final Submission’

I Format’ of the ‘final submission’ Introduction

„headings of the report‟ (refer point no. VI of

„specific guidelines for synopsis submission‟

o Here, „heading-wise‟ points are

to be explained

Bibliography (if there is any)

o It must mention the page no. of

„project report‟ on which learner

has quoted „words‟ of the book,

or of any other material, in

his/her „report‟; otherwise,

marks will be deducted

Approved synopsis

II Cover-page should mention ‘title’, ‘name’, ‘class-roll no.’, and ‘division’

III Appropriate citation must be given on each page; if any reference is made in

bibliography, and corresponding mention is not given on relevant page, then, marks will

be deducted

IV ‘Report’, including ‘cover-page’ and ‘certificate’ must be hand-written; there is no need

to write down ‘acknowledgment’

Annexure-A

Enclosure A: General Guidelines for Projects

Labour and Industrial Law

The Maximum Marks for the project are 20 (Written Submissions: 15 Marks [Interim (05) + Final (10)]

and Viva Voce Examination: 5 Marks). The final copy of the project should be presented in accordance

with the following specifications:

1. Typewriting shall be in a standardized form in single line spacing with following specifications:

• Paper Size: A4


• Font: Verdana




• Page layout: left-1.5 cm, Top-Right-Bottom - 1 cm


• Use „End Notes‟ and not „Foot Notes‟


submission, and the name of the research guide with his/her designation and full official address shall

be printed on the first page and on the front cover as given in Appendix „A‟.

3. A certificate (Appendix „B‟) affirming that the research work of the candidate is original, and that the

material, if any, borrowed from other sources and incorporated in the research project report has been

duly acknowledged should be signed by the candidate. It should also state that the candidate

himself/herself would be held responsible and accountable for plagiarism, if any, detected later.

4. Bibliography should be written alphabetically as per Appendix „C‟.

Appendix A - Front Page and Cover


----------------------------------------------------------------------------------

--------------------------------------------------------------

----------------------------------------------------

Submitted by


----------------------------------------




In

Month, year


Name of guide

-----------------------------------


------------------------------------------------------------

--------------------------------------

Appendix B - Certificate

CERTIFICATE

The project titled “……………………………………………………………………………….” submitted to the Symbiosis Law

School, NOIDA for „Labour and Industrial Law‟ as part of Internal Assessment is based on my original

work carried out under the guidance of……………………………… from …………. to …………. The research work

has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the submission has been duly

acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any, detected

later on.

Signature of the Candidate

Date

Appendix C - Bibliography










5. The pagination

E.g., Kothari, CR. “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd., 1978, pp 43-

46.

In case you use book by two or more authors then citation should be written in the following

way:

Kothari, CR., & Kothari, RC “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd.,

1978, pp 43-46.

Kothari, CR., Kothari, RC & Patil, CR, “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt.

Ltd., 1978, pp 43-46.







6. The pagination

Robert, VR. “Coping with Short-term International Money Flows”, the Banker, London, Vol VII, No 4,

Sept 1991, p 995

In case you use an article by two or more authors then citation should be written in the

following way:

Robert, VR, & Robert, RV, “Coping with Short-term International Money Flows”, the Banker, London,

Vol VII, No 4, Sept 1991, p 995.

Robert, VR., Robert, RV & Michael, VR, “Coping with Short-term International Money Flows”, the

Banker, London, VII, No 4, Sept 1991, p 995.

For Online Contents including Databases, Website

ARTICLE FROM A DATABASE

Schredl, M., Brenner, C., & Faul, C. (2002), “Positive Attitude towards Dreams: Reliability and Stability of

Ten-item Scale”, North American Journal of Psychology, 4, 343-346. Retrieved on December 16, 2004

from Academic Search Premier Database.


Library and Archives Canada (2002), “Celebrating Women‟s Achievements: Women Artists in Canada”,

Retrieved on December 16, 2004, from



Semenak, S. (1995, December 28), “Feeling right at home: Government residence eschews traditional

rules. Montreal Gazette, p. A4.

Driedger, S. D. (1998, April 20), “After Divorce”, Maclean‟s, 111(16), 38-43

In place of the above rules of citation, if student feels to use „Blue Book of Citation‟, it is authorised.

Copy of the same is available in the Symbiosis Law School, NOIDA library on request.

(Please note: Students are required to submit copy of the Project to Mr. Rajnish Jindal,

Assistant Professor)

Rajnish Jindal

(Course-in-charge, Labour and Industrial Law)






Semester VIII

Teaching Plan

INFORMATION TECHNOLOGY LAW

By

Mr. James Mukkattukavunkal

&

Dr. C.J.Rawandale




1. INTRODUCTION Information Technology has become the cornerstone for almost every industry in seeking development and creating new niches for business opportunities. However, with new opportunities in commerce also comes a plethora of issues that are absolutely imperative to face and overcome for the continued growth and development in all aspects of social and commercial worlds. It is also pertinent to note that Information technology is not only prevalent in commercial spheres but also becoming quickly part of the social mosaic of a person’s life. Late 2017 and the whole of the year of 2018-19 saw a multitude of issues ranging from interference in the virtual world in respect of the obligations that an entity/individual has to follow, to clear cut disregard of all the rights of an individual person that led the law of leading countries such as the United States and various countries of the EU to make many game changing judgements and legislations to curb the menace and better regulate the field of Information technology. The implication of the increased applicability of Information technology in various aspects of life results in that anything concerned with the legal aspects or issues concerning the cyberspace come within the ambit of information technology law. Referring to Information Technology, in several of its forms i.e. Computer, Computer System, Computer Network, Internet and Mobile or handheld phones and several other electronic and communication devices has brought this change in the society and in the lives of the people. These devices and services of internet in the cyber world has become sine qua non for any individual or any entity working in business environment and otherwise. People have actually started interacting very frequently through online devices, bringing them together and more closer like never before. Interaction, communication, exchange of things, goods and services, business activity, governance and inter-state dealings has increased to such a level, that it is unimaginative to revert back to traditional ways of human intercourse of dealing with each other. But if one looks the other side of the coin, this has indeed, exposed us to several problems and complex questions leading to commission of crime or offences codified by the law of the land. 2. LEARNING OBJECTIVES (KNOWLEDGE, SKILL AND OUTCOMES) A. Knowledge In this curriculum students shall discover diverse national and international principles that are involved in regulating and directing the development of Cyberspace. Students shall develop an understanding of the regulation of cyber space/virtual world and the factors leading towards choices of particular values, regulatory institutions and process. B. Skills The overall objective of this undergraduate course is to develop in you the following set of skills: general cognitive intellectual skills; general communicative/employability skills; and subject specific skills.

Computer

Highlight

Cognitive The course demands that students have the capacity to demonstrate insight in presenting materials drawn from a wide and sometimes contradictory range of primary and secondary sources and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those materials that offers a personal and informed criticism. Employability Information Technology Law will demand that students have the capacity to be able to write and use orally fluent terminology; and using legal terminology with scrupulous care and accuracy. Subject Specific Information Technology Law will demand an ability to identify and select key relevant issues and to apply that knowledge with clarity to difficult situations of significant legal complexity; to analysis facts and to produce well-supported conclusions in relation to them. C. Outcomes Two key skills will be highlighted by this course - (a) case synthesis/problem solving and (b) independent research. These skills will be central to your success in completing this course(s) scheme of assessment. Case synthesis/Problem solving- In preparing for tutorials, you will be asked to read, analyse and synthesize practical problems given the state of law given the prevailing law of the land and some hypothetical scenarios taking laws that are prevalent in other jurisdictions that has direct impact on the law making process in the jurisdiction of India. You will also be asked to use that knowledge to support your answer to a number of hypothetical, factual or “problem” scenarios. In preparing properly for tutorials, you will be preparing properly for the end of term assessment. Independent research/group work- In preparing for the coursework assignment, particular emphasis will be placed on independent learning i.e., the ability to take initiative in the design (Individualized approach or plan of action) and research (external legal and non-legal sources) of the stated project. The coursework in question is deliberately broadly drawn, and is designed to challenge you in this regard. Case Analysis/ Problem Solving In preparing for tutorials you will be asked to read, analyze and synthesize a number of cases. You will also be asked to use the analytical skill to answer the hypothetical legal problem.

Independent Research In preparing the coursework assignment emphasis shall be laid upon the independent learning. To take initiative in the design and research of the assigned project. Final Outcome Assessment is by compulsory coursework examination (100%) (Including Internal and External Assessment) by the Symbiosis International (Deemed University), Pune. 3. LECTURES A. Times and Attendance Four lecture times have been set aside for this course for each division. Verify it from the timetable assigned for each division. Lecture outlines, principally in the form of PowerPoint slides, and relevant study/reading material will be made available in “The Library‟ on “Curiosity‟ Portal at https://slsnoida.curiositylive.com/. To facilitate your understanding of these lectures, you should always read at least the relevant pages of suggested readings in advance of each lecture. As per Symbiosis International (Deemed University), Regulations, please note, “Students are expected to attend minimum 75% of all scheduled sessions and other forms of instruction as defined by the programme of study.” The student will not be eligible to appear for the examination if he / she fail to put in the required attendance. The Students can update themselves of their attendance daily online in “Attendance‟ on “Curiosity‟ Portal at https://slsnoida.curiositylive.com B. Notifications Learners are informed that notice/s, if required, with respect Academic- Administration, either by Course in Charge or Faculty-In-Charge, Academic Coordination will be sent using “Owl@Curiosity‟. Either Course in Charge/Faculty-In-Charge, Academic Coordination or Learner using “Library@Curiosity‟ will publish no notifications. You are required to keep yourself duly informed. C. Lecture Outline

Week LECTURE TOPICS

Week – 01

Lecture-1 Lecture-2

Teaching Plan Discussion Introduction to Information Technology Law – Syllabus



December 30,

2019

Lecture-3

Brief Introduction to the landmark events / rulings / legislations globally

Week – 02

January 6, 2020

Lecture-4 Lecture-5 Lecture-6

Impact of aforementioned topic on the Indian Legal Systems including the landmark areas that have to be concentrated upon in respect of the Indian Legal System Information Technology Act, 2000 and Applicability of Information Technology Act, 2000 Electronic Governance

Week – 03 January 13, 2020


Electronic Records Electronic Records and application of the law in the prevailing Indian Legal System [Including interaction with various other laws such as Contract law; Law of Evidence; Civil procedure Code etc.,] Mechanism of Digital and Electronic Signature Provisions Relating to Digital and Electronic Signature



Regulation of Certifying Authorities in India Digital Signature Certificates & Subscribers Contraventions under the Information Technology Act – Brief Overview



Section 43-45 of the Information technology Act 2000 – Part I Section 43-45 of the Information technology Act 2000 – Part II Section 43-45 of the Information technology Act 2000 – Part III

Week – 06 February 3, 2020


Section 43-45 of the Information technology Act 2000 – Part IV Section 43-45 of the Information technology Act 2000 – Part V Section 43-45 of the Information technology Act 2000 – Part VI



Cyber Crimes: Legislative Framework in India Cyber Crimes and Adjudication – Part I Cyber Crimes and Adjudication – Part II Cyber Crimes and Adjudication – Part III



Cyber Crimes and Adjudication – Part IV Cyber Crimes and Adjudication – Part V Cyber Crimes and Adjudication – Part VI



REVISION & TUTORIAL SESSION

Week – 10 Lecture-28 Cyber Crimes and Adjudication- Part VII

Computer

Highlight

Computer

Highlight

March 2, 2020

Lecture-29 Lecture-30

Cyber Crimes and Adjudication- Part VIII Convention on Cyber Crimes and other International initiatives

Week – 11

March 09, 2020


Comparison of Convention on Cybercrimes and Information Technology Act, 2000; Information Technology (Amendment) Act 2008 & Cyber Crimes Information Technology (Amendment) Act, 2008 & Cyber Crimes

Week – 12

March 16, 2020


Cyber Crimes, Investigation and Evidence [Including Procedures from point of view to the adjudication process in the event of Cyber Crime] - Overview

Week – 13

March 23,

2020


Challenges and Issues in the Investigative Processes in India Cyber-crime investigation – With Special reference to Cr.P.C Cyber-crime Evidentiary Requirements International Organization on Computer Evidence

Week – 14

March 30, 2020


Cyber Forensic and Procedures

Week – 15

April 6, 2020


E-Contracts – Drafting and Principles

Week – 16

April 13, 2020


FULL COURSE REVISION & DOUBT CLEARING SESSION

Week – 17

April 20 , 2020


FULL COURSE REVISION & DOUBT CLEARING SESSION


A. Textbooks

Suggested Readings

Nandan Kamath, Law Relating to Computers, Internet and E-commerce, Universal Publication, 4th edition 2009.

Vakul Sharma, Information Technology Law and Practice, Universal Law Publication, 3rd edition (2012) Yatindra Singh, Cyber laws, Universal Publication, 4th edition (2010)

S.K. Verma & Raman Mittal eds. 2004, Dimensions of Cyber Space, Indian Law Institute.

Karnika Seth, Computers, Internet and New Technology Laws, (1st ed., 2012) LexisNexis Butterworths Wadhwa.

Rohas Nagpal, Fundamentals of Cyber laws, Asian School of Cyber Laws Published in 2009, Version 4 ASCL

R Chanrasekar, Information technology for development, Tata Mac-Graw Hill.

Information Technology Law, Eighth Edition, Ian Lloyd by Oxford University Press

Drafting Agreements for the Digital Media Industry, Second Edition, Alan Williams, Duncan Calow, and Andrew Lee

Note:


Earlier editions/Latest Editions of a number of the above texts might also be available and can be consulted once account is taken of their datedness, particularly as to applicable case law.

These texts were selected to provide the students with reference material for clarifying their concepts outside of class. These only provide information required at one place. However, the same is not exhaustive to understand the law in its entirety. These should be used as commentary and a guide to understanding the concept of Information Technology that with the Lectures taken would provide the student a more comprehensive knowledge into the concept, principles and procedures associated with the subject. The essence of all the study material is to equip you the student with a practical understanding of the law for the time being in force in the country and how to adapt to the changing fields as we go forward. The student is encouraged to do his own research with the college databases that are made available to you. In the legal profession there is no substitute for reading and researching as much relevant material you are able to find in addition to aforementioned reading material. The aforementioned material is just the starting point to the gaining of an understanding of the law in question. The mastery of the subject is directly proportional to the amount of knowledge gathered in addition to the skill of application of the knowledge. Thereafter you could engage in your own research, with particular reference to journals on online databases including SCC Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database including AIR. 5. ASSESSMENT You will be examined in this course by Internal (40%) and External Assessment (60%) format as follows:

Internal Assessment: Internal examination will be conducted for 40 marks. It will include: A. Mode of First Internal Assessment – Project (Long-Term Paper) (10 Marks) B. Mode of Second Internal Assessment – Tutorial (Open Book Examination) (20 marks) C. Mode of Third Internal Assessment - Viva-Voce - (10 marks) External Assessment: The Symbiosis International (Deemed University) will conduct external written examination for 60 marks. It consists of ten objective-type (2 marks each = 20 marks) and 4 subjective-type/cases and open problems/questions (10 Marks each) with an alternative (40 marks).

6. INTERNAL ASSESSMENT MODE AND SCHEDULE A. Project Research project is aimed at improving the writing, research, and communication and presentation skills to make students learning academically more challenging and rigorous than standard lecture and test format courses. It also aims for improving the research quality. The learner shall be writing an article/long-term paper of not more than 2500 words on a given particular topic of Information Technology Law which shall be duly allotted by the course-in-charge to each learner. The details about the rules of submission are annexed with this document. (Refer to Enclosure A) It is further informed that learners must use Harvard APA Referencing System. Project – Final Submission – Guidelines You will submit one bound copy of the Project to the faculty in-charge. Do not forget to send soft copy of the Final Project by email to [email protected] on or before the due date. Final Project will be evaluated out of 10 marks. Project Submission Schedule:

Assignment Final Submission Result

January 2, 2020 February 4, 2020 February 13, 2020


The tutorial will give you an opportunity for assessing your learning of course. It should be

obvious that the better you are prepared to take part in such test, the more you will learn from

it and excel in examination as well as understanding of course. Tutorial also provides you with


an opportunity to develop written skills of presentation and reasoned argument. Lack of

preparation and a fortiori non-attendance will mean that you will fail to make the most of the

learning opportunities provided by these tutorials. In order to achieve the two stated skills

objectives i.e. Presentation and problem solving skills, one tutorial is scheduled in this

semester.

There will be one tutorial examination, compromising of “Written Test” of 20 marks (10 x 2

questions). It will be an Open Book Examination. Examinees are allowed to bring and use any

material including Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It

does not include use of any electronic gadgets, machine or alike material.

Tutorial Timetable:

Tutorial (20 Marks)

Date Topic

Test Result

February 27, 2020 March 11, 2020 Unit 1 & 2


Discussion on Banyan Tree: To understand the method, two online sessions (situation based)

with the use of BanyanTree@Curiosity, will be conducted before the tutorial examination.

Both these sessions are COMPULSORY for all learners. Your quality response / answer/ reply

within stipulated time given should be submitted. Those, who will respond / answer / reply

within stipulated time given, will be granted attendance for one lecture. This activity is



First posting Second Posting

Date of Uploading ‘Cases and Open problem/question’’ by the faculty

January 22, 2019 @ 4:00 PM

February 21, 2019 @ 4:00 PM

Last-date for uploading reply by the students

January 24, 2019 @ 4:00 PM

February 23, 2019 @ 4:00 PM

Attendance One Lecture One Lecture

C. Viva-Voce Mode and Schedule

The third mode of internal assessment for the learners for this course shall be viva-voce. The

learners shall select any one important topic from the course and prepare it for the viva-voce.

The learner shall be evaluated on the basis of the detailed preparation (header) of the topic

which includes:

1. Subject Knowledge (2 marks)

2. Application of concepts (2 marks)

3. Communication Skills (2 marks)

4. Professionalism (2 marks)

5. Confidence (2 marks)

The schedule for the viva-voce mode of assessment is as under and learners are required to

strictly adhere to the schedule of the viva-voce.

Viva-Voce Schedule

Date Serial Numbers Time

March 16,2020 1-20 11AM onwards



March 19, 2020 61-80 11 AM onwards March 20, 2020 81 onwards 11AM onwards


Please note, if you are on Internship with exemption from attending classes, duly acknowledged

by the T & P Cell, or, you are on Assessment Internship, duly acknowledged by the T & P Cell or

you are travelling for any summer school/semester exchange program, and your Viva-Voce is

scheduled during such duration, you must follow the following process to seek alternate date

for the same:

I. Write an email to Faculty In-charge, Dr. Megha Chauhan at [email protected]

stating the above;

II. Attach documentary evidence (PDF) of your Internship being acknowledged by the T & P

Cell/Confirmatory email from International Cell (in case of travel) etc.

III. Attach documentary evidence (PDF) of you being granted exemption from attending

classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-charge, and alternate date

for Moot Court Exercise will be allotted by the Course In-charge.

No request to change the date will be entertained if above process is not followed on or before

1st March, 2020. No Viva-Voce examination will be conducted after April 5, 2020.


7. ADMINISTRATIVE ARRANGEMENTS AND CONTACT HOURS The Course In-Charge for Information Technology Law is Mr. James Mukkattukavunkal. If any

doubts remain, kindly contact the faculty via his e-mail ID: [email protected] during

office hours, i.e. 9 am to 5 pm. If you wish to meet the faculty in person, kindly seek an

appointment via mail.

All questions, comments, and feedback are welcome. While the lessons will be seminar-style

and all learners are encouraged to participate, those who do struggle to speak in class are

welcome to continue the conversation in person after class as well. The aim is to give learners

the greatest flexibility and autonomy over their learning and thought process, especially when

it comes to their distinct analyses of the provided readings.


Information Technology Law The Maximum Marks for the project are 10 (Written Work). The final copy of the project should be presented in accordance with the following specifications: 1. The paper used for printing shall be of A4 size. 2. Printing shall be in a standardized form, on both sides of the paper and in one-and-a-half spacing.

o Font: Verdana

o Font Size: Main Heading 16 (Bold), Sub Heading 14 (Bold) and text 12

o Text should be Justified

o MS Word: 2003-7 Version, Page layout: left-1.5 cm, top-right-bottom-1 cm.

o Word Limit: 2000-2500 Maximum 3. A margin of one-and-a-half inches shall be left on the left hand side. 4. The title of the project, name of the candidate, degree, faculty, university, month and year of submission, and the name of the research guide with his/her designation and full official address shall be printed on the first page and on the front cover as given in Appendix “A‟. 5. A certificate (Appendix “B‟) affirming that the research work of the candidate is original, and that the material, if any, borrowed from other sources and incorporated in the thesis has been duly acknowledged should be signed by the candidate and counter signed by the research guide. It should also state that the candidate himself/herself will be held responsible and accountable for plagiarism, if any, detected later. 6. The first few pages of the thesis should be given as per Appendix “C‟. 7. Bibliography should be written alphabetically and given as per Appendix “D‟.

Appendix “A” – Front page and Cover


----------------------------------------------------------------------------

--------------------------------------------------------------

----------------------------------------------------

Submitted by


----------------------------------------




In

Month, year


Name of guide

-----------------------------------


C E R T I F I C A T E The project entitled “------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------“ submitted to the Symbiosis Law School, NOIDA for Information Technology Law as part of Internal assessment is based on my original work carried out under the guidance of --------- ---------------------- from ------------- to ---------------. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidate Date:

Appendix “C‟ – first few pages

The first few pages of the thesis should be as under: Page 1 - Title page (Appendix “A‟) Page 2 - Certificate (Appendix “B‟) signed by candidate and counter signed by research

guide Page 3 - Acknowledgements Page 4 - Index Page 5 - List of Tables (If any) Page 6 - List of Figures (If any) Page 7- Introduction/Brief Facts/History/Pedigree of the hypothesis/Issue in question Questions proposed to be answered Page 8- Chapters Page 9 - Bibliography

Appendix “D‟- RULES OF CITATION/BIBLIOGRAPHY The Bibliography should contain a list of all the books, journals, articles and pamphlets that the researcher has consulted during the course of the study. It should be arranged alphabetically. The entries in the bibliography should be made adopting the following order: For books the order should be as under: 1. Name of author, last name first, followed by initials 2. Title of book in italics 3. Place, publisher and year of publication 4. Number of edition/volume. 5. The pagination E.g., Kothari, CR. “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd., 1978, pp 43-46. In case you use book by two or more authors then citation should be written in the following way: Kothari, CR., & Kothari, RC “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd., 1978, pp 43-46; see also Kothari, CR., Kothari, RC & Patil, CR, “Quantitative Techniques”, New Delhi, Vikas Publishing House Pvt. Ltd., 1978, pp 43-46. For journals, articles and pamphlets the order should be as under: 1. Name of author, last name first followed by initials 2. Title of article, in quotation marks 3. Name of periodical, in italics 4. The volume and number of journal or periodical 5. Place, publisher and year of publication 6. The pagination

Robert, VR. “Coping with Short-term International Money Flows”, the Banker, London, Vol VII, No 4, Sept 1991, p 995 In case you use an article by two or more authors then citation should be written in the following way: Robert, VR, & Robert, RV, “Coping with Short-term International Money Flows”, the Banker, London, Vol VII, No 4, Sept 1991, p 995.

Robert, VR., Robert, RV & Michael, VR, “Coping with Short-term International Money Flows”, the Banker, London, VII, No 4, Sept 1991, p 995. For Online Contents including Databases, Website ARTICLE FROM A DATABASE Schredl, M., Brenner, C., & Faul, C. (2002), “Positive Attitude towards Dreams: Reliability and Stability of Ten-item Scale”, North American Journal of Psychology, 4, 343-346. Retrieved on December 16, 2004 from Academic Search Premier Database. NON-PERIODICAL DOCUMENTS ON THE INTERNET Library and Archives Canada (2002), “Celebrating Women’s Achievements: Women Artists in Canada”, Retrieved on December 16, 2004, from http://www.collectionscanada.ca/women/h12-500-e.html ARTICLE IN A NEWSPAPER OR MAGAZINE Semenak, S. (1995, December 28), “Feeling right at home: Government residence eschews traditional rules. Montreal Gazette, p. A4. Driedger, S. D. (1998, April 20), “After Divorce”, Maclean’s, 111(16), 38-43 In place of the above rules of citation, if student feels to use „Blue Book of Citation‟, it is authorised. Copy of the same is available in the Symbiosis Law School, NOIDA library on request. Please note: You are required to submit 1 bound copy of the Project to Mr. Rajnish Jindal at his office during office hours only and soft copy of the project by email as well to [email protected]. The subject line of the email for the submission of the soft copy should be given in the following format: SLS, NOIDA- Information Technology Law-Batch-2012-17-Name of the Student-Programme (BBA or BA.LL.B.)-Division.




1

Batch 2015 – 20

TEACHING PLAN

DRAFTING, PLEADING AND

CONVEYANCING

Semester IX

Batch 2015-20

Mr. Aditya Kumar, Mr.

Kumar Mihir & Mr. Raj

Kamal




(Constituent of Symbiosis

International (Deemed University),

Pune)

2

1. INTRODUCTION

Much of the work of a legal professional consists of drafting legal

documents. Further, civil litigation practice necessarily entails

preparation of pleadings for presenting matters before courts. The

objective behind studying drafting, pleading and conveyancing is to

understand the general principles and guidelines which can be usefully

followed in drafting such documents.


A. Knowledge

The objective behind studying drafting, pleading and conveyancing is to

understand the general principles and guidelines which can be usefully

followed in drafting such documents.

B. Skills

The overall objective of this undergraduate course is to introduce the

following sets of skills: general cognitive intellectual skills; general

communication skills; and subject specific skills.

Cognitive

The drafting, pleading and conveyancing will demand that students have

the capacity to demonstrate insight in presenting materials drawn from a

wide and sometimes contradictory range of primary and secondary

sources and doctrinal commentary; and to demonstrate an ability to

produce a synthesis of those materials that offer a personal and informed

criticism.

Communication

The course of drafting, pleading and conveyancing will demand that

students have the capacity to be able to write and use orally fluent and

complex text; using legal terminology with scrupulous care and accuracy.

Comp Lab II

Highlight

3

Subject Specific

The drafting, pleading and conveyancing will demand an ability to

identify and select key relevant issues and to apply that knowledge with

clarity to difficult situations of significant legal complexity; to analyse


C. Outcomes

Two key skills will be highlighted by this course (a) case

synthesis/problem solving and (b) independent research. These skills will

be central to your success in completing this course’s scheme of

assessment.


In preparing for tutorials, you will be asked to read, analyse and

synthesize a number of cases. You will also be asked to use that

knowledge to support your answer to a number of hypothetical, factual or

“problem” scenarios. In preparing properly for tutorials, you will be


Final Outcome

Assessment is by compulsory coursework examination (100% Internal)

under the auspices of the Symbiosis International (Deemed University).

Assessment is internal through 3 tutorials which shall be practical

exercises in drafting, pleading and conveyancing, followed by end term

viva voce pertaining to the course taught in class during the semester.

3. LECTURES


Two lecture times have been set aside for this course for each group.

Verify it from the timetable assigned for each group. Lecture outlines,

principally in the form of PowerPoint slides, and relevant drafts will be

made available in “The Library‟ on “Curiosity‟ Portal at

https://slsnoida.curiositylive.com. To facilitate your understanding of


4

these lectures, you should always read at least the relevant pages of

suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University)

Regulations, please note, “Students are expected to attend

minimum 75% of all scheduled sessions and other forms of


The student will not be eligible to appear for the examination if he/she

fails to put in the required attendance. The Students can update

themselves of their attendance daily online in “Attendance‟ on “Curiosity‟

Portal at https://slsnoida.curiositylive.com.

B. Notifications


Administration, either by Course-in-Charge or Faculty-In-Charge,

Academic Coordination will be sent using ‘Owl@Curiosity’. No

notifications will be published by Course-in-Charge/Faculty-In-Charge,

Academic Coordination or Learner using ‘Library@Curiosity’. You are

required to keep yourself duly informed.

C. LECTURE OUTLINE

Week Topic

Week – 1

5th July,

2019

Topic I & II: Basic Principles of Drafting &

Concept of Notice

Teaching Plan & Basic Principles of Drafting

• Objective and purpose behind issuing notices

• Kinds of notices and contents.

• Contents and drafting of oft used statutory notices

Topic III: Concept of Power of Attorney

• Governing Law with respect to power of attorney

• Statutory requirements

• Difference between special and general power of

attorney.


Comp Lab II

Highlight

5

• Notable features and drafting of the above

Week – 2

8th July,

2019

Topic IV: Basic Principles of Pleadings

• Objective of pleadings.

• Fundamental rules of Pleadings.

Topic V: Drafting Suits

• Mandatory structure of a plaint

• Form and Contents of a Suit for recovery of Money

• Statutory requirements and Form and contents of a

Suit for Specific Performance of a Contract

• Rules of procedure

Week – 3

15th July,

2019

Topic VI: Mandatory Form of Written Statements

• Mandatory structure, Form and Contents of a Written

Statement

• Rules for denial

• Objections of Law and Special defences

• Pleading a Set off

• Rules of Procedure

Topic VII: Mandatory Forms of Civil Appeals

Drafting of a First Appeal

• Statutory requirements and Rules of Procedure

• Form and Contents of Memo of Appeal and

Annexures.

• Formulating Grounds of objection

Week – 4

22nd July,

2019

Topic VIII: Mandatory Form of Execution Petition

• Statutory Form No.6 in Appendix E, First Schedule of

CPC

• Column wise contents

• Calculation of Decretal amount in money decrees

• Modes of Assistance w.r.t Powers of court for

attachment and sale.


Week – 5

29th July,

2019

Topic IX: Divorce Petitions

• Mandatory Form and Contents of Petition u/s 13B of

HMA


• Contents of various Matrimonial Grounds u/s 13 of

HMA as per respective legal requirements

Comp Lab II

Highlight

6

Topic XI: Affidavits

• Kinds of affidavits

• Objective & purpose

• Statutory requirements and contents

• Mandatory forms and preparation

Week – 6

5th Aug.,

2019

Topic XII: Writs

Writs under Article 226

• Mandatory Form and Contents of writ petitions

• Grounds and Relief

• Petition for writ of Habeas Corpus

Week – 7

12th Aug.,

2019

Topic XII: Writs

Writ Petition under Article 32 & PIL

• Mandatory Form and Contents of Art 32 petition

• Grounds and Relief

• Special features of Public Interest Litigation

Week – 8

19th Aug.,

2019

Topic XIII: Counter Affidavits

• Form and contents


Week – 9

26th Aug.,

2019

Topic XIV: Special Leave to Appeal under Art 136

• Mandatory Form and Contents

• Drafting Grounds and Relief & Interim Relief

• Formulating the Question of Law

• Annexures & Affidavit


Week – 10

2nd Sep.,

2019

Topic XV: Bails

• Difference between bail in bailable and non bailable

offences and forms of petitions.

• Mandatory Form and Contents

• Considerations for bail in non bailable offences and

formulating the grounds

• Anticipatory bail Petition

• Considerations for grant and nature of relief


Topic XVI: Petition under Section 125 Cr.P.C

• Mandatory Form and Contents and Parties

Comp Lab II

Highlight

7

• Drafting Grounds and Relief & Interim Relief


Week – 11

9th Sep.,

2019

Topic XVII: Conveyancing

• What is conveyancing?

• Governing Law, Legal requirements, Essential

features


Topic XVIII: Deed of Sale

• Drafting an Agreement

• Agreement to Sell (Contract for sale)

• Sale Deed (Contract of sale)

• Essential features


Week – 12

16th Sep.,

2019

Topic XIX: Lease Deed

• Essentials of a Lease, nature of the contract

• Governing Law

• Drafting; Mandatory Terms to be included

Topic XX: Licence agreement

• Distinction with Lease; Governing Law


• Drafting of essential terms

• Specific Agreement authorizing use of roof and front of

building for advertising.

Week – 13

23rd Sep.,

2019

Topic XXI: Promissory Note

• Governing Law

• Essentials of a Pro note

• Mandatory form and contents

Topic XXII: Mortgage Deed

• Nature of transaction and Governing Law

• Kinds of Mortgages


• Drafting a deed of Simple Mortgage

Week – 14

30th Sep.,

2019

Topic XXIII: Gift Deed

• Nature of transaction and Governing Law.


• Drafting; Mandatory form and contents

Comp Lab II

Highlight

8

Topic XXIV: Wills

•Characteristics of the Disposition and governing Law



• Attestation

Week – 15

01st Oct.,

2019

Topic XXV: Partnership deed

• Nature of Association in Partnership

• Governing Law and Rules of Procedure


Topic XXVI: Service Contracts

• Governing Law

• Drafting; form and contents

Week – 16

7th Oct.,

2019

Topic XXVII: Transnational Agreements

• Collaboration Agreement regarding licensing

trademarks for use within India with foreign party

Topic XXVIII: International Joint Ventures

• Governing Law

• Essential terms

Week – 17

14th Oct.,

2019

Course Review

Week – 18

21st Oct.,

2019

Course Review




A. Textbook

1. Dr. A.N Chaturvedi, Pleadings and Conveyancing

2. R.N Chaturvedi, Pleadings, Drafting and Conveyancing

3. Rodney D. Ryder, Drafting corporate and Commercial agreements

Comp Lab II

Highlight

9

4. Mogha, Rai Bahadur P.C, The Law of Pleadings in India

Note:


• Earlier editions of a number of the above texts might also be available

and can be consulted once account is taken of their datedness,

particularly as to applicable case law.

These texts were selected because they provide in one volume a

combination of text, cases and materials, designed to be read as a whole

i.e., a “one-stop shop”. Nevertheless, the text provides the basic reading

for the course only. There is much more to the Drafting Pleading and

Conveyance than this, and you will undoubtedly benefit from undertaking

some reading and study of your own. It is creditable if you, in respect of

the proper use of independent research and study, follow up in the Law

Library some of the case references, periodical articles or other material

referred to in the prime textbook or in class – or even to do some research

of your own. A good resource to use is the Drafting Pleading and

Conveyance section of Symbiosis Law Library and online databases such

as Westlaw International, Ebrary, and Manupatra available on campus

network. Further, I will make available articles by eminent scholars in

this field to on ‘Library’ @Curiosity, provided Copyright policy of the

publisher of those articles permits.

For supplementary reading, you could, for instance, begin by consulting

the relevant sections of the “alternative” texts placed on loan in the law

library.

Thereafter you could engage in your own research, with particular

reference to journals on online databases including SCC Online,

LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest,

Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer

Competition), Emerald & EBSCO, and offline database including AIR.

10


You will be examined in this course by Internal (100%) format. It will

include three tutorials (40 marks each) and a Viva-voce (30 marks).

6. PROJECT/TUTORIAL/CASE ANALYSIS

Each tutorial will carry 40 marks each (Total=120 marks). Each student

will attempt it on all occasions. The time-table of the Tutorials and Viva is

as follows:

Tutorial Schedule:

Tutorial Date of

Exam

Date of

Result

Topic Mode

First 13.08.19 24.08.19 I to X Written Test

Second 04.09.19 13.09.19 XI to XX Written Test

Third 26.09.19 04.10.19 XXI to XXVIII Written Test

Please Note: The Topics indicated in the table above correspond with the

Topic Numbers/Details as indicated in the Teaching Plan. The syllabus

for the tutorials is provisional and may be modified. The learners will be

notified of any change in the syllabus for the tutorials well in advance.

Viva Voce Schedule:

The Viva Voce examinations shall be conducted on 05/10/2019 and

06/10/2019. The details regarding time and serial number of students

appearing on different days shall be notified later. The syllabus that is

covered upto September 29, 2019 will be included in the viva voce.

B. Tutorials & Viva

The tutorials will give you an opportunity for assessing your learning of

Pleadings, Drafting and Conveyancing. It should be obvious that the

better you are prepared to take part in such test, the more you will learn

11

from it and excel in both examination as well as understanding of

Pleadings, Drafting and Conveyancing. Tutorials also provide you with an

opportunity to develop written skills of presentation of facts and reasoned

argument. Lack of preparation and a fortiori non-attendance-will mean

that you will fail to make the most of the learning opportunities provided

by these tutorials. In order to achieve the two stated skills objectives-

presentation and problem solving skills; the three tutorials are scheduled

in this semester. With regard to viva voce, the learners would be expected

to be confident and through with not just theoretical aspects of various

legislations, but also with salient procedural aspects with respect to

drafting, pleading and conveyancing.


Please note, if you are on Internship with exemption from

attending classes, duly acknowledged by the T & P Cell, or, you

are on Assessment Internship, duly acknowledged by the T & P

Cell, and your Viva-Voce is scheduled during such duration, you

must follow the following process to seek alternate date for Viva-

Voce:

I. Write an email to Faculty In-charge, Dr. Pooja Kapoor at


II. Attach documentary evidence (PDF) of your Internship

being acknowledged by the T & P Cell;

III. Attach documentary evidence (PDF) of you being granted

exemption from attending classes;

IV. It will be forwarded by the Faculty In-charge to the Course

In-charge, and alternate date for Viva-Voce will be allotted

by the Course In-charge.

No request to change the date for Viva-voce will be entertained if

above process is not followed on or before 1st September, 2019.

No viva-voce will be conducted after October 10, 2019.

12

7. ADMINISTRATIVE ARRANGEMENTS:

The course in charge of Drafting, Pleading and Conveyancing is Mr.

Aditya Kumar. In case you face any problem in dealing with the subject,

feel free to see the concerned faculty.


If any doubts remain, kindly contact Mr. Kumar Mihir, Mr. Raj Kamal &

Mr. Aditya Kumar via their respective e-mails: [email protected],

[email protected] & [email protected].



TEACHING PLAN

INVESTMENT LAW

Semester IX

(Batch 2015-20)


By

MR. ARJUN J. CHAUDHURI



University), Pune


1. INTRODUCTION

Investment-Law, Explains, Key-Roles & Responsibilities of Regulatory-Authorities towards

Foreign & Domestic-Investors, Who-Transfer Funds, especially, FOREX, into Economy for Possible-

ROI that-is proportionate to their Risk-Reward Expectations. Key-Issue is whether Suitable-Controls

are built into Legal & Regulatory-Framework of Investment-Law to Ensure, there is, Investor-

Protection & Employment-Generation.

Investment-Law, also Explains, Role & Responsibilities of Key-Participants of Securities-

Markets such as Brokers, Dealers, Dealer-Brokers, Specialists, Investment-Banks, and Categories of

Investors towards each other, and to Securities-Markets in General to Ensure that Market-

Confidence is Maintained, and Financial-Valuation is Preserved by Way of Insurance & Hedging.

Investment-Law, also Explains, Introduction of Financial-Products that are Difficult for Layman to

Understand, But have a Profound-Effect on Market-Behavior & Economy of Nation.

Finally, to Check How-Effective, Investment-Law has been formulated & Enforced by Any-

Nation, will be determined by Level of Fraud that Securities-Market has Endured & Overcome.

2. LEARNING-OBJECTIVES

‘Knowledge’

Overall-Objective is to Enable-Students to [i] Demonstrate-Knowledge & Understanding of

Legal-Concepts, Values, Principles, Rules & Procedures, and [ii] Demonstrate-Knowledge &

Understanding of Key-Relationships of Stakeholders.

‘Skill’

The course will enhance various skills of the students, like, Cognition, Intellectual-

Development, Knowledge-Upgrade, Formulation of Rationale-Arguments, Communication, and

Group-Dynamism.

‘Outcome’

Two Key-Skills will be developed:

(a) Case-Synthesis & Problem-Solving, and

(b) Ability to Independently-Research.

3. LECTURES


Three lecture times have been set aside for this course for B.A LL.B. Verify it from the

timetable assigned for each division. Lecture outlines, principally in the form of PowerPoint slides,

will be made available in ‘The Library’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com. In

addition, Session Plan/ Course material will be also provided continuing suggested reading such as

Books; Journals. To facilitate your understanding of these lectures, you should always read at least



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You are notified that an online session with the help of ‘Banyan Tree @Curiosity’ will be

conducted for Tutorial I. We will be expecting your response/ answer/ reply within stipulated time

given. Those, who will respond/answer / reply within stipulated time given, will be granted

attendance for one lecture each. This activity is compulsory for all and attendance so granted

will form part of the total attendance


“Students are expected to attend minimum 75% of all scheduled sessions and other

forms of instruction as defined by the programme of study.”


attendance. The students can update themselves of their attendance daily online in ‘Attendance’ on

‘Curiosity’ Portal at https://slsnoida.curiositylive.com

.

B. Notifications:

Learners are informed that notice/s, if required, with respect Academic Administration, either by

Course in Charge or Faculty In Charge, Academic Coordination will be sent using ‘Owl@Curiosity’.

Either Course in Charge/Faculty in Charge, Academic Coordination or Learner using

‘Library@Curiosity’ will publish no notifications. You are required to keep yourself duly informed.

C. Lecture-Outline:

Week Lecture No. Topics

Week – 01:

5th July, 2019


Lecture-2 Teaching Plan & Syllabus Preview

Lecture-3 What is Investment Law? & Syllabus Preview

Week – 02:

8 July, 2019

Lecture-4 What is Investment Law? & Syllabus Preview

Lecture-5 Topic-2: ‘Reserve-Bank of India [RBI]’

Lecture-6

[1 April 1935-Till Date], ‘RW’ ‘Subsidiaries of RBI’,

‘Deposit-Insurance & Credit-Guarantee Corporation

of India [DICGCI]’ ‘RW’ ‘RBI Information-Technology

Pvt-Ltd [ReBIT]’

Week – 03:

15 July, 2019

Lecture-7 ‘Regulation of Bank-Notes’

Lecture-8 Regulation of Commercial-Banking, Cooperative-

Banking, and NBFC’


Lecture-9 Operate-Currency & Credit-System

Week – 04:

22 July, 2019

Lecture-10 ‘Monetary-Policy’

Lecture-11 Merchant banking

Lecture-12 Forex management

Week – 05:

29 July, 2019

Lecture-13 Payment & Settlements System

Lecture-14 Banker & Debt-Manager to Government

Lecture-15 Open market operations

Week – 06:

5 Aug., 2019

Lecture-16 Investor Protection

Lecture-17 Development of securities markets

Lecture-18 Regulation of securities markets

Week – 07:

12 Aug., 2019

Lecture-19 Insider trading

Lecture-20 Public issues of equity

Lecture-21 Deft offer documents

Week – 08:

19 Aug., 2019

Lecture-22 Code on conflict of interest

Lecture-23 Rights – Issues

Lecture-24 Buy Backs

Week – 09:

26 August.,

2019

Lecture-25 Investor Protection

Lecture-26 Clearing and settlement

Lecture-27 Products for capital markets

Week – 10:

2 Sep., 2019

Lecture-28 Products for capital markets

Lecture-29 Continued…

Lecture-30 Continued….

Week – 11:

9 Sep., 2019

Lecture-31 Products for Derivative-Markets’



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circumstances.

Week – 12:

16 Sep., 2019




Week – 13:

23

September,

2019

Lecture-37 Membership

Lecture-38 Information Technology

Lecture-39 Board & Committees

Week – 14:

1 Oct., 2019

Lecture-40 Mutual-Funds [Open-End]

Mutual-Funds [Closed-End]

Lecture-41 NAV [Net Asset Value]

Asset Under-Management

Lecture-42 SEBI

Units

Week – 15:

7 Oct., 2019

Lecture-43 Premium, Fund, & Insurers

MFVs Life Insurance

Lecture-44 IRDA

Solvency

Lecture-45

FDI – Proposal

SOP

MOU

Week –16

14 Oct., 2019

Lecture-46

Investor Guidance

FOREX-MGT

JV-Partnership & Alliances

Lecture-47 M & A

Brown-Field & Green Field Investments

Lecture-48 FDI Police

Week –17

21 Oct., 2019

Lecture-49 Revision

Lecture 50 Revision

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4. READING-MATERIAL

[1] ‘Security-Analysis & Portfolio-Management’, by ‘Author: P Pandian’, Vikas-Publishing

[2] ‘Investment & Securities-Markets in India’, by ‘Author: VA Avadhani’, Himalaya Publishing House

*Note:

1. The above list is indicative and not exhaustive.

2. Earlier editions of a number of the above texts might also be available and can be consulted.

These text were selected because they provide in one volume a combination of text, cases and

materials, designed to be read as a whole i.e., a “one-stop shop”. Nevertheless, the text provides

the basic reading for the course only. Once you start reading about the course and the relevant

books, there is a multiplier effect of each subsequent text that you read on the subject.

It is creditable if you, in respect of the proper use of independent research and study, follow up in

the Library some of the case studies, articles or other material referred to in the prime textbook or

in class – or even to do some research of your own. A good resource to use is online databases such

as Emerald, Ebrary, Westlaw, JSTOR, SCC Online, SCOPUS.


You will be examined in this course by Internal (40%) and External Assessment (60%) format.

Internal Assessment: - Internal examination will be conducted for 40 marks. It will include:

I. Mode of First Internal Assessment – Project (Long-Term Paper) (10 Marks)

II. Mode of Second Internal Assessment – Tutorial (Open Book Examination) (20 marks)

III. Mode of Third Internal Assessment - Viva-Voce - (10 marks)

External Assessment: -The Symbiosis International (Deemed University) will conduct external

written examination for 60 marks. It consists of ten objectives (2 marks each=20 marks) and 4

subjective/cases and open problems/questions 10 Marks each with an alternative (40 marks).

6. INTERNAL ASSESSMENT - MODE AND SCHEDULE


Manner of allotment of project topics: -

The Project topics will be allotted in the second lecture by the faculty. The learners can choose their

topics from the list provided by the faculty member or they can suggest the topic of their choice.

But only after the approval by the faculty, they can carry forward the research.

Guidelines:

➢ Word Limit (Not more than 3500 words)

➢ No Spiral Binding.

➢ Printing to be done on both sides

➢ Plagiarism report to be attached by the learners (Max. Limit – 15-20%)

➢ No handwritten submissions shall be taken

➢ You have to send soft copy of the Project at [email protected] on the due date of

submission. The hard copy had to be submitted on the due date of submission.

➢ Please ensure the timely submission.


August 10, 2019

July 6, 2019

August 17, 2019


There will be one tutorial of 20 Marks, minimum two questions of 10 marks each. The Tutorial will

be open book test. Each student will attempt it on all occasion. It is aimed at improving the writing,

research, communication, and presentation skills. It is Open Book Examination i.e. examinees are

allowed to bring and use any material including Books, Articles, Hand Written Notes, Hand Outs and

alike printed material. It does not include use of any electronic gadgets, machine or alike material.

Tutorial Date Topics

Test Result

Unit 1 and 3 One August 19,

2019

August 26,

2019


Process: You are notified that two online sessions with the help of ‘Banyan Tree @Curiosity’ will be

conducted for Tutorial. This activity is compulsory for all and attendance so granted will

form part of the total attendance. The session is COMPULSORY for all learners. Your quality

response/answer/reply within stipulated Date and Time allotted should be submitted. Those, who

will respond/answer/reply within stipulated Date and Time allotted, will be granted attendance for



attendance.



Session

Begins Ends

Attendance


I 26/07/2019 @8:00 pm 28/07/2019 @ 11:59 pm One Lecture

II

08/08/2019 @8:00 pm 10/08/2019 @11:59 pm

One Lecture

C. Viva-Voce

Process of Allotment of Topics:

➢ Group of five students will be made during class;

➢ This group will be given one topic for viva-voce;

➢ One topic will be allotted to two groups, but both the groups will have different issues to work

upon;

➢ Issue from the topic will be decided during class;

➢ This process will be completed by 15th July, 2019.

Guidelines for Viva-Voce

➢ Each group will prepare PPT with at-least ten slides;

➢ These ten slides must be dealing with five different aspects on the issue of viva;

➢ Each sub-issue must have at-least two slides;

➢ All the five group members will make brief presentation from the PPT;

➢ Each member of the group will present one sub-issue;

➢ Its course-in-charge who will ask the student to make presentation on sub-issue no. I or sub-

issue no. V;

➢ Further, during presentation, viva-voce will be conducted by the course-in-charge;

➢ During viva-voce, question may be asked on either of five sub-issues;

➢ It means that each group member should be prepared for being examined on the basis of all the

slides of the PPT;

➢ Presentation of each student will be evaluated for 05 marks;

➢ Viva-voce of each student will be evaluated for 05 marks;

➢ The viva voce examination will normally last 10 minutes (each student);

➢ It aims to assess group-dynamics, in-depth knowledge & understanding of subject-matter, by

way of alert & factual-responses to questions-posed by course-in-charge;

It is instructed to strictly adhere to the schedule. If the learner is not present on the date of Viva

they will be marked as “Zero”

The Specific-Topics are:

[1] RBI & FOREX

[2] SEBI & Securitization of Equity & Debt

[3] Collective-Investment Schemes of MF & Insurance-Hybrids

[4] Stock-Exchange & Cash-Market for Securities

[5] Stock-Exchange & Derivatives-Market for Securities

[6] FDI & Capital-Markets


Date Sr. No. Time

September 15, 2019

1-30

1:15 PM – 5:00 PM

September 22 , 2019

31 onwards

1:15 PM – 5:00 PM


Please note, if you are on Internship with exemption from attending classes, duly

acknowledged by the T & P Cell, or, you are on Assessment Internship, duly

acknowledged by the T & P Cell, and your Viva-Voce is scheduled during such duration,

you must follow the following process to seek alternate date for Viva-Voce:

I. Write an email to Faculty In-charge, Dr. Pooja Kapoor at [email protected]

stating the above;

II. Attach documentary evidence (PDF) of your Internship being acknowledged by the

T & P Cell;

III. Attach documentary evidence (PDF) of you being granted exemption from

attending classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-charge, and

alternate date for Viva-Voce will be allotted by the Course In-charge.

No request to change the date for Viva-voce will be entertained if above process is not

followed on or before 1st September, 2019. No viva-voce will be conducted after October

10, 2019.


The course in-charge for Investment Law is Advocate Arjun J. Chaudhuri. In case you face any

problem in dealing with the subject, feel free to see the concerned faculty.


If few doubts remain, kindly contact Advocate Arjun J. Chaudhuri at: [email protected] .

It is highly appreciated that the students clear the doubts while in class, because it solves two

purposes (i) many students have same doubts (ii) it helps you to concentrate further in class.



Investment Law

The final copy of the project should be presented in accordance with the following

specifications:


2. Printing shall be in a standardized form and in one-and-a-half spacing.

• Font: Verdana



• MS Word: 2003-7 Versions,


• Word Limit: 3500 Maximum



year of submission, and the name of the research guide with his/her designation and full

official address shall be printed on the first page and on the front cover as given in

Appendix ‘A’.

5. A certificate (Appendix ‘B’) affirming that the research work of the candidate is original,

and that the material, if any, borrowed from other sources and incorporated in the thesis

has been duly acknowledged should be signed by the candidate and counter signed by

the research guide. It should also state that the candidate himself/herself will be held

responsible and accountable for plagiarism, if any, detected later.

The candidate and research guide should further certify that research papers, if any,

published based on the research conducted out of and in the course of the study.

6. The first few pages of the thesis should be given as per Appendix ‘C’.

7. Bibliography should be written alphabetically as per Appendix ‘D’.


Title of the project (centered on two or more lines) --------------------------------------------------------------------------------

--

---------------------------------------------------------------

----------------------------------------------------

Submitted by


-----------------------------------------



Symbiosis International University, PUNE

In

Month, year


Name of guide

-----------------------------------



C E R T IF IC AT E

The Project entitled “ ” submitted to the

Symbiosis Law School, NOIDA for Investment Law as part of Internal assessment is

based on my original work carried out under the guidance of

from to . The research work has not been

submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been

duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism,

if any, detected later on.


Date:

Appendix ‘C’ – first few pages



Page 2- Certificate (Appendix ‘B’) signed by candidate and counter signed by

research guide


Page 4- Index




15

Appendix ‘D’- Bibliography



should be arranged alphabetically.

The entries in the bibliography should be made adopting the Harvard APA

Referencing System.

Teaching Plan

MOOT COURT EXERCISE AND INTERNSHIP (CLINICAL COURSE IV)

Semester X (Batch 2015-20)


BY Dr. Saurabh Chandra

Symbiosis Law School, NOIDA Symbiosis International (Deemed University),

Pune

January 2019 - April 2020

1

1. All updates about course activity will be uploaded on „curiosity‟ on regular basis; we

will not communicate any update through email; for any inquiry, student may write

email to faculty concerned.

2. Under any circumstance, exemption for the „client counseling exercise‟, „court

proceeding observation‟, „moot court exercise‟ and „viva-voce‟ will not be given by

Training & Placement Cell.

3. Leaners, who have been granted „Excused Attendance‟, also need to take prior

permission from their recruiters to be physically present on the appointed dates. Under

any circumstance, „re-test‟ will not be conducted for the said exercises.

1. INTRODUCTION

Studying „law‟ is not primarily about learning a bunch of legal-rules through class-room

activity; that‟s why practical training is emphasized upon in legal curriculum framework.

The classroom study no doubt provides theoretical knowledge of the law and a good

background for legal profession, but a knack of practical training is required, as well as

desired, in legal profession at the time when a student enters into world of his

profession.

It becomes important for a student of law to earn experience, through practical training

exercises, before he steps into professional world. From day one in this new world of his

profession, he finds himself arguing/contesting/competing with a world full of

experienced & expert persons from his fraternity, be it of corporate lawyers, or be it at

some law firm, or be it a kind of practicing as an advocate. These words exhibit the

relevance & importance of this „clinical course‟ which is purely based upon „teaching legal

practice through practical exercises‟.

Methodical preparation is the most essential prerequisite for achieving success in any

profession. In legal profession, it starts from „first interaction of the

advocate/lawyer/advisor with the client‟ and continues till judgement delivery. It is

indispensable for a prospective legal professional, that he has learnt how to deal with

the client, how to prepare the case, and how to argue the case. Dealing of the advocate

with the client plays an important role in his professional development. This aspect is

significant for any prospective lawyer to learn to „how to collect the relevant

information‟, and „how to understand nature of the case‟ through the method of

interview technique.

Further, a student of „law‟ should have learnt, through practical experience, to present

his case with clear statements; such statements must be in logical sequence so that it is

possible to proceed in proper steps forming a link in the chain of arguments. Besides

this, a careful observation of the proceedings in the court is also necessary to

understand the functional aspects of the components of the Indian legal justice system.

2










This course contains practical exercises, like, „client counselling‟, „moot court‟, etc., that

will enable the student to understand not only the application of law in practice, but also

the other minor, but important things, like, „convincing the client‟, „professional

decorum‟, „citation of relevant rulings‟, „art of convincing the judges‟ and similar other

things.


A. Knowledge

A „clinical course‟ gives practical experience of relevant contents of the subject paper

to the students. This „clinical course‟ on „moot court exercise‟ aims at giving practical

experience of „court room practices‟, which includes „interaction with the prospective

client‟, to the students. These kinds of exercises will give first-hand experience of

„lawyering‟ to the prospective lawyers.

B. Skills

Cognitive

The course work of this subject paper demands that students have the capacity to

demonstrate insight in presenting materials drawn from a wide range of primary &

secondary sources; and to demonstrate an ability to produce a synthesis of collection

of such material that they would have drawn during their practical training

experiences.

Employability

This course work demands that the learners have the capacity to learn how to act

and react in a given situation when they would have entered into their professional

world. Once they would have completed this „clinical course work‟ successfully, they

will be employing their learning in their day to day affairs.

Subject Specific

„Law‟, as a discipline of study, demands an ability to identify & select issues from our

day to day life & from our surroundings; it further demands that the student has the

ability to analyse such identifications to look out or to produce well-supported legal

framework in relation to them. This course work specifically aims at this.

C. Learning Outcomes

3










Once the student would have completed this course-work successfully he will find

himself in a position where he is ready to face the challenge of day-to-day tasks of

being a professional. Outcome of these exercises will be reflected in approach of the

student at the time of his entering his profession. On successful completion of the

course, the following outcomes will be aimed:

to acquaint the student with the real world lawyering skills

to acquaint with the court procedures

to acquaint with the drafting exercises

to acquaint with the oral argument skills

to enhance analytical and critical thinking over the contemporary legal issues.

Final Outcome

Assessment is by compulsory coursework examination (100% - Internal Assessment)

by the Symbiosis Law School, NOIDA.

3. LECTURES


Lecture outlines, principally in the form of Power Point Slides, and relevant

study/reading material will be made available in „The Library‟ on „Curiosity‟ Portal at

http://slsnoida.curiositylive.com. To facilitate understanding of these lectures,

student should always read at least the relevant pages of suggested readings in




sessions and other forms of instructions as defined by the programme of

study.”

A student will not be eligible to appear for the examination if he/she fails to put in

the required attendance. The students can update themselves of their attendance

daily on-line in „Attendance‟ on „Curiosity‟ Portal at http://slsnoida.curiositylive.com.

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B. Scheme and Structure of Syllabus Units

1. Moot Courts (20)

Every student will do at least 2 moot courts in this semester. The moot courts

work will be on assigned problems, and each moot court exercise will be

evaluated for 15 marks each for oral advocacy.

2. Observation of Civil Proceedings (15)

Students will attend one Civil Case proceeding in this semester. A student will

submit a report for the work done in this semester and all the submission and

assignments will be written in the format provided by the SLS. A Student will

maintain a record of all the steps observed in the trial (including the facts of the

case, arguments and orders) and the days of court attendance in the report.

3. Observation of Trial (15)

Students will attend one Criminal Case trial in this semester, students will submit

a report for the work done in this semester and all the submissions and

assignments will be made as per the format provided by SLS. A student will

maintain a record of all the steps observed in the trial (including the case,

arguments and orders) and the days of court attendance in the report.

4. Interviewing Techniques and Pre – trial Preparations (10)

4.I: Interviewing sessions

Interviewing sessions –I

Interviewing sessions – II

A report should be prepared as per the format provided by SLS, NOIDA.

4.II: Preparation of Documents and Court Papers by the Advocates and

Procedures for filing Petition / Suit.

A report should be prepared as per the format provided by SLS, NOIDA.

5. Viva-voce (10)

6. Self-Learning including Projects, Presentations, moot courts Simulation,

exercises, film review, news review, field visit, Experiential learning,

guest lectures (20)

Total (90)

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READING AND MATERIALS

A. Textbook

Suggested Readings:

Learning the Law, by Glanville Williams; Sweet & Maxwell, London

Clinical Legal Education, by N.R. Madhava Menon; Eastern Book Company

Moot Courts & Mooting , by Abhinandan Malik ; Eastern Book Company

Moot Court and Mock Trials – Art to and Art of Advocacy : Essential of Court Craft ,

by K.L.Bhatia ; Universal Publications

Moot Court (Pre-Trial Preparation and Participation in Trial Proceedings);Central Law

Publications

A Practical Guide to Mooting, by Jeffrey Hil; Palgrave Macmillan Publications

Mooting and Advocacy Skills, by David Pope and Dan Hill; Thomson Publications

The Art of Argument: A Guide to Mooting, by Christopher Kee; Cambridge University

Press

The Counselor-at-Law: A Collaborative Approach to Client Interviewing and

Counselling, by Robert F. Cochran; (IIIrd Edition, 2014), Lexis-Nexis Publications

Legal Interviewing and Counselling: A Client-Centered Approach, by David A. Binder

and Susan C. Price

Note:

These texts were selected because they provide in one volume a combination of text,

cases and materials, designed to be read as a whole i.e., a “one-stop shop”.


more to the „law‟ than this, and the student will undoubtedly benefit from

undertaking some reading and study of his/her own. It is creditable if the student, in

respect of the proper use of independent research and study, follow up in the Law

Library some of the case references, periodical articles or other material referred to

in the prime textbook or in class – or even to do some research of his/her own. A

good resource to use is the „Legal Reasoning‟ section of Symbiosis Law Library and

online databases such as Westlaw International, Ebrary, LexisNexis and Manupatra

available on campus network. Further, I will make available articles by eminent

scholars in this field to be issued from the Library (suggestive list will be provided at

6










the time of teaching). If Copyright policy of the publisher of those articles permits, I

will make the soft copy of the articles will be made available in „Library‟ at

curiosity.symlaw.edu.in.

For supplementary reading, student could, for instance, begin by consulting the


Thereafter the student could engage in his/her own research, with particular

reference to journals on online databases including SCC Online, Manupatra, WestLaw

India, HeinOnline, JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer

Patent, and Kluwer Competition), Ebrary, Emerald and EBSCO.


Learners will be examined in this course by Internal Assessment (100%) format. As per

anti-plagiarism policy, all submission will be checked for plagiarism through

„turn-it-in‟ software. Any submission found to have more than 30% plagiarized

content will be marked „zero‟.

This clinical course will be evaluated out of Maximum 150 marks under following

headings:

Sl.

No.

Mode of Exercise/Evaluation Max. Marks

I Interviewing Techniques ( Client Counseling & submission ) 15 marks

II Preparation of pre-trial documents 15 marks

III Moot Court Exercises

(Two moot court exercises will be held for fifteen marks each)

30 marks

IV Observation of Court Proceedings ( Civil Proceedings) 15 marks

V Observation of Court Proceedings (Observation of Criminal Trial) 15 marks

VI Evaluation of Internship 30 marks

VII Viva-Voce 30 marks

Total 150 marks

5. MODULE OF PRACTICAL EXERCISES

7










All the above stated seven exercises will be conducted and evaluated separately as per

the details and schedule given herein below. It is very important for the student to

follow the „guidelines‟ laid down in r/o all the seven exercises.

All seven exercises will be done in four stages:

Stage – I: Client counseling exercise will be conducted on January 11-12, 2020. The

submission of the summary of facts after client counselling exercise will be submitted

on or before January 25, 2019. Ten marks are allotted for client counselling exercise

and five marks for submission of the summary of the facts.

Stage – II: Court-room observations in relation to civil proceedings and criminal

proceedings will be done on any given working days from January 4,2020 - February

27,2020; at any court, including, tribunal, consumer forum, or similar judicial

authority.

Stage – III: Moot court exercise will take place in following duration: April 6 - 13,

2020. Schedule will be notified.

Stage – IV: Viva-voce exercise will take place during April 11-12, 2020; schedule of

the viva will be duly notified.

It may be pointed out here that your presence is required on all the

prospective dates as provided in Stage I, i.e., Client Counselling, Stage III,

i.e., Moot Court Exercise, and Stage IV, i.e., Viva Voce. Failing which you

may not pass your examination.

Modules of „interviewing techniques‟, „pre-trial documentation/preparation‟, and „moot-

court exercise‟ have been prepared in a way that one activity is consequential activity of

the other. As it happens in usual course of business that a client approaches a lawyer,

he discusses his problem, lawyer gives him legal advice, client hires the lawyer, lawyer

files the suit/complaint or any other relevant document before the court, lawyer appears

before the court on behalf of his client, lawyer argues upon the admissibility of the case,

then at the last, the lawyer presents his arguments while seeking remedy; similarly,

student will have to perform all this. Modules of above said exercises explain how such

activities will be performed by the student as a lawyer.

Each student will participate in „client counselling‟ activity; then he will submit

„petition/suit‟ as „pre-trial preparation‟; and, lastly, he will argue on the same case in

8










„moot court exercise‟. Besides this, student will observe live trial in courts; and, will

submit two „reports‟, one on „civil proceedings‟ and the other on „criminal trial‟. Detailed

guidelines, along-with schedule of such exercise, is given herein below.

I. Module of „Interviewing Techniques‟

For the purpose of evaluation of this activity, each candidate will have to participate

in a „client counseling‟ activity. On scheduled date, time & place, a meeting will

take place between student-advocate and the client, wherein client will seek legal

advice on a matter. Student will have to act/behave like an advocate while giving

legal advice to the client.

Brief „note on facts of the case‟ to be discussed with the client will be uploaded on

„curiosity‟ web-portal days prior to the day on which this activity is scheduled. During

this one day, student may refer to any material for looking out for advice to be given

to the client.

Student-advocate needs to approach the client at scheduled time, date & place.

Client will narrate brief facts to the student-advocate. In next fifteen minutes,

student-advocate is expected to elicit the „relevant information‟, „outline of the

problem‟, and „find the client‟s expectations‟ etc. The student-advocate will have to

explain the client that on what basis he will argue the case and also clarify the

doubts of the clients, if any. Further, student-advocate will answer few questions

that the client may ask. Such questions will deal with the issue of professional

relation between client-advocate, like, fee structure, expected time by which matter

would be settled by the Court, etc.

For example, a student is allotted „homicide incidence/case‟ for this activity.

At the time of client-counseling activity, the student-advocate will try to

extract facts from the client. Student-advocate is expected to answer few

queries, about relevant laws/provisions on homicide, of the client.

At the time of „client counseling activity‟ evaluation of the student will be made

simultaneously by the client who is none other than a faculty member/ examiner.

Each student will be given fifteen minutes for this activity. This activity will be

evaluated for maximum ten marks.

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Once this activity is over, student-advocate will draft „summary of meeting with the

client‟ and „summary of facts of the case‟. This summary will include his discussion

with the client; student-advocate will add on more facts that may be required to file

a case on the discussed matter. This submission can be made either on the same

day, or on the next day of the exercise. Under any circumstance, last date of this

submission is January 25, 2019.

This submission will be evaluated for maximum five marks. Format of this

submission is laid down herein below.

The student-advocate is expected to come in attire of an advocate.

Please refer „specific guidelines‟ for this module at Annex. I.

II. Module of „Pre-trial Documentation/Preparation

In continuation of „client counseling‟, this exercise will be carried by the student. It

may be presumed that the client who had approached the student-advocate for

taking legal advice has now hired the student-advocate.

Now, student will have to draft and file the petition/suit or similar other document on

behalf of his client. Any supporting document, like affidavit, or any documentary

evidence, required for filing petition/suit will also be prepared and attached with the

case-file by the student.

For example, the client is victim of an offence of „dowry harassment‟; and the brief

facts uploaded on curiosity were not sufficient enough to proceed further to draft the

case. The student-advocate would already have added more hypothetical facts in

„summary of facts‟ that he has submitted at the time of „client counseling exercise‟.

Now, the student-advocate will prepare all the documents, like, initial complaints

(if mentioned in facts), F.I.R., documentary evidence of marriage, evidences

leading to presumption that there has been such harassment, and similar other

documents.

Case-file must mention „issues‟ to be decided by the Court. There must

be at-least three legal issues; more than three legal issues may also be

raised in the case-file.

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In other words, a file which is ready for being filed before the competent court

will be prepared and submitted by the student.

This submission will be made in triplicate; one original file and two other

being its photocopy.

Students are advised to keep one copy of the complete file because it will

be used by them during „moot-court activity‟.

All the documents are to be prepared as per Supreme Court of India

filing Rules / procedure.

This file, which is now considered to have been filed before Registry of relevant

Court, will be evaluated for marks allotted for „preparation of documents and

court papers‟.

Please refer „specific guidelines‟ for this module at Annex. II.

III. Module of „Moot Court Exercises‟

Till now, the student-advocate would have filed a suit/petition before a Court.

Now, the same matter will be taken further. It will be argued by the student-

advocate in three stages for three moot-court activities.

I Stage: Arguments on Admissibility (15 Marks)

II Stage: Arguments for relief sought in petition as petitioner in the case

filed by the student-advocate (15 Marks)

This activity may be carried on two or three consecutive days. Student-advocate

need to report and appear for the moot exercise at scheduled place on scheduled

time and date.

Arguments in all the stages will be on law-point only.

Moot Court – I (Admissibility & Jurisdiction)

On day one, Moot Court (I) will be organized wherein the student-advocate will

argue upon „admissibility‟ of the petition/suit before the Court. If petition/suit is

dismissed at this stage, student-advocate is advised to file an appeal before the

relevant appellate court on scheduled date of that case, and the same Court will

preside as appellate court. If appeal is admitted, only then, the student-advocate

will argue for seeking-relief before the same court.

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If original application/complaint/suit/petition is allowed to be remained

as dismissed, and no appeal is being filed, student himself will face the

consequences, i.e., zero marks for „moot court II‟.

Moot Court – II (Petitioner)

In continuation of „moot court I‟ exercise, student-advocate will appear on behalf

of the petitioner. He will be allowed to appear only when his case is being

admitted by Court on first day. In case, his case is being dismissed at

„admission‟, student-advocate will file an appeal against such dismissal on

scheduled date on which such case is to be put-up for hearing on arguments. It

is only when this appeal is admitted; student-advocate will be allowed to argue in

„moot court – II‟ exercise.

On scheduled date & time, which will be uploaded on „curiosity web-portal‟ as

„cause list‟, student-advocate will appear for this exercise, i.e., „hearing on

arguments for relief‟.

At the same time, in the same matter, some other student will appear on behalf

of the defendant/respondent.

Both the student-advocates will be given ten minutes each for their presentation;

five minutes will be allotted for answering questions of the Judge.

The student-advocate can collect case-file of the allotted case from March 10,

2020 onwards. It is responsibility of the student to collect the case-file from the

faculty concerned.

On scheduled date & time, as per cause-list to be publishes and uploaded, the

student-advocate will appear in Moot Court exercises.

For example, Mr. A is allotted „rape case‟ in „client counseling‟; Mr. B is

allotted „murder case‟ in „client counseling‟; and Mr. C is allotted

„outraging modesty of women‟ in „client counseling‟. All three would have

filed relevant cases by scheduled date.

Cause-list for such cases will be prepared such a way that each student-advocate

will be arguing on one matter on two different days.

Cause-list of cases will be uploaded on „curiosity‟ web-portal on March 9, 2020.

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IV. Module of „Observation of Civil Proceedings‟

Students are required to visit court-room for observing and learning things how

court-room proceedings take place. One visit of a day will be made of civil court

and another day visit will be made of a criminal court. Each student is required to

visit & observe such proceedings. This observation will be submitted in form of a

„report‟ which will be evaluated. Format of such „report‟ is laid down herein

below.

This visit will be carried between January 4, 2020 and February, 27

2020. He/she will make observation in both the court rooms for each half.

Please refer „specific guidelines‟ for this module at Annex. III.

V. Module of „Observation of Criminal Trial Proceedings‟

Each student will carry observation of trial proceedings for one full day. This

exercise is similar to exercise „observation of civil proceedings‟.

It means, in total, such observation will be made for two days; one day for civil

proceedings and one day for criminal proceedings.

Format of drafting report and submission for this exercise is as per prescribed

instructions meant for „observation of civil proceedings‟.

Please refer „specific guidelines‟ for this module at Annex. III.

VI. Module of „Viva-voce‟

Viva-voce will be taken of all the students on two days, i.e. April 11-

12,2020;

At the time of viva-voce, records of all the submissions made by the

student will be kept by the person taking viva;

It will revolve around all the activities, except moot court exercise, carried

by the student in this course;

It means questions can be asked either on „observance of trial

proceedings‟, or, on „observance of civil proceedings‟, or, on „client-

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counseling‟, or, on „pre-trial drafting documents‟, i.e., „writ petition drafted

by the student‟.

Schedule of viva-voce will be intimated in due course of time

VII. Internship: Internship marks scored out of 225 will be scaled down to marks

obtained out of 30 Marks. The scaled marks will be added in the component of

Internship for the course of Mot Court Exercise and Internship.

SCHEDULE OF CLINICAL EXERCISES

INTERVIEWING SESSIONS

Sl.

No. Kind of Exercise/Activity Scheduled Date

1

Uploading „Problem‟ on Curiosity Web-portal

January 4, 2020 (11 am)

2 Client Counselling Exercise

January 11-12, 2020

(schedule of time will be

uploaded on January 6, 2020

on Curiosity Web-portal)

3

Written submission of „summary of facts‟

(this submission may be made either in-

person, or, through some-one else, by 4pm of

January 25,2020)

January 25, 2020

(04.00 pm)

4

Declaration of Results

February 4, 2020

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PRE-TRIAL PREPARATIONS

Kind of Exercise/Activity Scheduled Date

Uploading Problem on Curiosity Web-portal January 4, 2020 (11am)

Submission of Petition/Suit/Case-file before Faculty

Concerned

(this submission must be made in triplicate; one original

and two other photocopy)

(this submission may be made either in-person, or,

through some-one else, it may be couriered as well,

provided courier reaches college by 4pm of March

6, 2020)

On or before March

6, 2020 (4 pm)

Schedule of Observation of Trial Proceedings

Civil Proceedings

Criminal Proceedings

Declaration of

Results Scheduled Date

Date of

Submission

Scheduled Date

Date of

Submission

Any day between

January 4,

2020 to

February

27,2020

February 28,

2020 latest by

4:00 pm

Any day between

January 4,

2020 to

February

27,2020

February 28,

2020 latest

by 4:00 pm

March 9, 2020

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MOOT COURT EXERCISE – I

(ADMISSIBILITY & JURISDICTION)

Sl.

No. Kind of

Activity/Exercise

Filing of

Petition/Suit/Case

Up-loading

Cause-list

Scheduled

Date

Declaration

of Results

1

Argument on

admissibility &

jurisdiction

Pre-trial document

to be submitted by

March 6,2020) (student-advocate

can collect the case

file from March

16,2020 onwards)

March 9,

2020

As per

cause-list

( April 6-

10,2020)

On

scheduled

date of

activity

MOOT COURT EXERCISE – II

(PETITIONER)

Sl.

No. Kind of

Activity/Exercise

Allotment of

Petition/Suit/Case

Up-

loading

Cause-list

Scheduled

Date

Declaration

of Results

1

Argument on

seeking relief on

behalf of the

petitioner;

provided case

had been

admitted in Moot

Court – I

(student-advocate

can collect the case

file from March

10,2020 onwards) March 9,

2020

As per

cause-list

( April 6-

10,2020)

On

scheduled

date of

activity

2

If case had not

been admitted in

Moot Court - I;

Student-advocate

will file an appeal

As per cause-list

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on „admissibility‟

before the Court

on the date on

which his case is

to be put-up.

Student-advocate can argue in Moot Court Exercise (Petitioner) only when his

application is admitted; otherwise he will not be allowed to appear in Moot Court

Exercise (Petitioner) exercise.

Schedule of Viva-voce

Scheduled Date

Declaration of Results

April 11-12, 2020 (Schedule of time will be

published)

April 11-12, 2020


The „Chief Course Faculty‟ for „Moot Court Exercise & Internship‟ is Dr. Saurabh Chandra.

In case you face any problem in dealing with the subject, feel free to see the concerned

course faculty.

Any notice by course-in-charge will be send through owl@ curiosity only. No

notice shall be send through library @ curiosity portal.


The Course in charge for Media Law is Dr. Saurabh Chandra. If any doubts remain,

kindly contact Dr. Saurabh Chandra. via his e-mail ID: [email protected] during

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office hours, i.e. 8:00 am to 3:30 pm. They may also visit the course-in-charge between

2 pm and 4.00 pm on Thursday and Friday. Before visit the learner should seek the

appointment for the abovementioned time slot. Kindly mention the subject of email

communication as Contact hours while sending the email communication.

All questions, comments, and feedback are welcome. While the lessons will be seminar-

style and all learners are encouraged to participate, those who do struggle to speak in

class are welcome to continue the conversation in person after class as well. The aim is

to give learners the greatest flexibility and autonomy over their learning and thought

process, especially when it comes to their distinct analyses of the provided readings.

ANNEXURE – I Specific Guidelines for Interviewing Techniques

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Uploading of matter ( Allotment of Moot Problem) to be discussed by client on

January 4, 2020

Meeting the client on scheduled date, time & place, i.e., on January 11-12, 2020

Giving consultation to the client

Submission of „summary of facts‟ by 4 pm of January 25, 2020

There is no word-limit for this submission

It must be typed work

It may be submitted in-person or through some-one else by 4pm January 25, 2020,

2019, or through courier, provided courier reaches college by 4pm of January 25,

2020.

This document, if submitted beyond above time-limit, will be considered for next-

stage work, but, will not be evaluated.

Format of „Summary of Facts‟ (written document)

This document will be framed under following headings:

I. Summary of Meeting with Client

II. Facts in detail (facts beyond meeting may be presumed)

III. Applicable Law, including judgements

IV. Action required to be taken

V. Probable legal solution to the matter

Cover page of this „submission‟ must mention the following:

Title of issue: ………………………………………

Name (Student): …………………………………

Course: ……………………………………………..

P.R.N. No.: ………………………………………..

Programme : ………………………………………..

Group: ……………………………………………..

Written „submission‟ will evaluated out of five marks; „consultation activity‟ will be

evaluated out of ten marks

ANNEXURE – II Specific Guidelines for „Pre-trial Preparations‟

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Carrying forward the discussion carried with the client

Using the submitted „summary of facts‟

Drafting complaint/suit/petition/similar other document

Drafting documents in support of complaint/suit/petition/etc.

Case-file must mention at-least three legal issues to be settled by the Court;

this number may go beyond three.

Preparing file as it is to be filed before Registry of competitive court

Submission of case-file to the faculty on or before the scheduled time & date

This submission will be made in duplicate; one original file, and the other

photocopy

One copy of this file must be retained by the student with himself as it will

be used by him in „moot court exercise‟

It should be typed document as is submitted before Court.

Cover page of file should mention following details:

Title of case:………………………………………

Name (Student):…………………………………

Course:……………………………………………..

P.R.N. No.:………………………………………..

Group: ……………………………………………..

Case-file, submitted as petition/suit/etc. before Registry of competitive court, will

be evaluated out of fifteen marks

ANNEXURE – III

Specific Instructions for Activity on „Observation of Civil/Criminal Proceedings‟

Each student will visit two courts on each day

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Each student will have to attend each day the courts, civil as well as criminal, for this

task

No particular allotment will be made in this regard. The student will be observing

both the proceedings, civil as well as criminal, on each day

For one day, he/she will make observation in civil court, and, in second day, he/she

will make observation in criminal court.

At the same time, the students will be required to hand over the notes that they

have prepared during observation.

Printout of the cause-lists of both the court-rooms must be attached with the said

notes

It is advised that students carry printout of the cause-list with them before they

reach court-room complex in the morning

Under any circumstance, activity for the day must be completed and submitted on

the same day.

It means, under any circumstance, submission made on or after 4 pm of the allotted

date will not be considered „valid submission‟.

Student will note down proceedings of the court each day; It will include short-notes

on each & every case put up before the Court that day

It‟s obvious that while observing the court-proceedings, student would not get time

to write „detailed note‟ on all the proceedings; hence, it is advised to make brief, like

reporters do, of each case, then write „detailed summary‟

Same activity will be repeated during second-half of the day before some other court

Submission of observations as prescribed herein below:

This submission will not be considered valid submission if „documentary evidence‟

of „cause-list‟ is not adduced.

Both the submissions will be evaluated out for 15 marks each.

It must be hand-written document a cover page mentioning following details:

Title of observation (civil or criminal):………………………………………

Name (Student): ………………………………………

Course: ……………………………………….

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P.R.N. No.: ………………………………………..

Group: ………………………………………..

Documents to be submitted:

Sl.

No,

Title of the

Document Mode of Submission Date of Submission

1

Notes of first half of

the day

(format is

prescribed herein

below)

In-person, or through some-one else,

or through courier; this document will

be submitted along with observation

of court proceedings.

4:00 pm, February

28, 2020

(if submitted through

courier, it must reach

college by 4pm of

February 28, 2020)

Notes of second

half of the day

(format is

prescribed herein

below)





………………do…………..

Print-out of the

Cause list of both

the courts





………………do…………..

2

Print-out of daily

orders of relevant

half of both the

days


or through courier

4:00 pm, 28th

February, 2019

(courier must reach

college by 4pm of

28th February, 2019)

Format of the Detailed Notes on Observation of Court Proceedings (Civil/Criminal)

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Name of the Court:

Date of Observation:

Case No. I:

i. Title of the Case:

ii. Stage of the case:

(it should mention the purpose for which it was put up before the Court)

iii. Appearance made by the parties:

(it should mention if any of the party was absent, or, both the parties were present)

iv. Proceedings of the case:

v. Order of the court for that day:

vi. Next date of hearing:

Case No. 2:

i. Title of the Case:

ii. Stage of the case:

(it should mention the purpose for which it was put up before the Court)

iii. Appearance made by the parties:

(it should mention if any of the party was absent, or, both the parties were present)

iv. Proceedings of the case:

v. Order of the court for that day:

vi. Next date of hearing:

Alternative Dispute Resolution

Teaching Plan

Academic Year 2019-20,

Semester IX

By Mr. Varun Pathak, Ms. Mayuri Raghuvanshi

& Chanakya Dwivedi


(Constituent of Symbiosis International (Deemed

University), Pune)

July 2019 - October 2019

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1. INTRODUCTION

1.1 Alternative Dispute Resolution (hereinafter “ADR”) is nothing but resolution of

disputes through non-state mechanisms. The need for alternative methods of conflict

resolution is not new and has existed through out history. History of arbitration can be

traced to settlement of disputes through village councils known as panchayats. The

panchayat system is available for settlement of disputes at the village level even

today.

1.2 There are many forms of alternative dispute resolution mechanisms such as

conciliation, mediation, negotiations and arbitration. Arbitration is the most dominant

form of alternative method of conflict resolution especially when it comes to

settlement of commercial disputes.

1.3 In Salem Advocate Bar Assn. v. Union of India, (2003) 1 SCC 49 the Supreme Court

highlighted the need for promotion of ADR mechanisms due to increased pendency of

litigation. The Court observed that keeping in mind law’s delays and limited number

of Judges which are available, it has now become imperative that resort should be had

to ADR mechanism with a view to bring to an end litigation between the parties at an

early date. The Court further observed that in certain countries where ADR has been

successful there is a requirement that parties to the suit must indicate the form of

ADR which they would like to resort to during the pendency of the trial of the suit

and that case will go outside the stream of the court. However, resorting to

conciliation or judicial settlement or mediation with a view to settle the dispute would

not ipso facto take the case outside the judicial system and if conciliation or mediation

or judicial settlement is not possible, despite efforts being made, the case will

ultimately go to trial.

1.4 Presently, the Indian law of arbitration is contained in the Arbitration and Conciliation

Act 1996 (hereinafter “the Act”) which is based on the 1985 UNCITRAL Model Law

on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976.

The Act is a composite piece of legislation which provides for domestic arbitration;

international commercial arbitration; enforcement of foreign award and conciliation.

1.5 This course intends to examine various provisions of the Arbitration and Conciliation

Act 1996 along with other forms and forums of alternative dispute resolution

methods.

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A. Knowledge

2.1 The objective of the course is to introduce students with:

a) to understand the evolution of the ADR mechanisms in India;

b) various ADR mechanisms;

c) logical approach;

d) provisions of the Act;

e) judicial approach;

f) practical aspects and examples; and

g) applicability of the law.

2.2 The students will be expected to familarise themselves with the provisions of the Act

and thereafter, study leading judgments which will be discussed in the class. For

example: the analysis of section 11 in light of the constitutional bench judgment of 11

judges in in SBP & Co. v. Patel Engg. Ltd., (2005) 8 SCC 618. Further, what are the

changes which have been brought about by the 2016 Amendment to the Act and

whether the changes made are retrospective or prospective.

2.3 The students will be expected to understand and examine the scheme of the Act with

the help of leading cases. The arbitrability of disputes, reference to arbitration, Court

assistance, court intervention, challenge to arbitral awards, multi-tier arbitration, etc.

will be examined. Also, rules and conduct of arbitration, both institutional and ad-hoc,

will be touched upon with reference to conduct of domestic and international

commercial arbitrations. Further reference will be made to the interrelation of the Act

with other statutes wherein the provisions of the Act have been interpreted. For

example: in trust matters the Supreme Court in its judgement dated 17.08.2016 in

Civil Appeal No.8164 of 2016, Vimal Kishor Shah & Ors. v. Jayesh Dinesh Shah &

Ors. has held that arbitration is not permissible.

B. Skills

Cognitive:

2.4 The course intends to equip students to apply principles of law to a set of issues and

identify matters in a logical manner. The emphasis will be on enabling the students to

develop a reasoning ability which will help them in their careers.

Employability:

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2.5 The aim and objective of ADR is to provide the best relief to your client considering

the various modes available. Familiarity with ADR will enable students, as future

practitioners, to decide in an objective manner the pros and cons of adopting ADR

and choosing the best mode possible.

2.6 Law of ADR demands creativity to evolve new methods of dispute resolution. It

requires an approach to find methods to resolve disputes, be it by way of

interpretation of statutes or by way of drafting of an agreement resorting to alternative

disputes settlement mechanism, that could provide for a less formal, more effective

and speedy resolution of disputes avoiding procedural claptrap.

Subject Specific:

2.7 It is expected that students gets equipped with knowledge and understanding of the

procedural as well as substantive aspects of the law of ADR with special emphasis on

arbitration.

C. Outcomes

2.8 Key skills will be highlighted by this course (a) understanding the approach of the

courts to ADR especially arbitration (b) understanding the principles of ADR

especially arbitration (c) independent research and application of principles of law.

D. Final Outcome

2.9 Assessment is by compulsory coursework examination (100%) (Including Internal

Assessment 40% and External Assessment 60%) by the Symbiosis International

University, Pune.

3. LECTURES


3.1 Three lecture time has been set aside for this course for each division. Verify it from

the time-table assigned for each division. Lecture outlines, principally in the form of

oral lectures, power point presentations, relevant study/reading material will be made

available in ‘The Library’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com.

To facilitate your understanding of these lectures, you should always read at least the

relevant pages of suggested readings in advance of each lecture. And learners if you

have queries in relation to the topic taught, if any after due lectures, you may post

them at Banyan Tree and they shall be resolved as soon as possible.


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3.2 As per Symbiosis International University Regulations, please note, “Students

are expected to attend minimum 75% of all scheduled sessions and other forms

of instructions as defined by the program of study.”

3.3 The student will not be eligible to appear for the examination if he/she fails to put in

the required attendance. The students can update themselves of their attendance daily

on-line in ‘Attendance’ on ‘Curiosity’ Portal at https://slsnoida.curiositylive.com

3.4 Two sessions for two tutorials will be conducted at curiosity portal in which a query

will be posted by the faculty and the learners will reply to the query as per the

instructions laid down in the said query. Those who reply to the query will be given

attendance for 1 lecture. This attendance will be counted in the total attendance.

B. Lecture Outline

Week Lecture

Topics

Week – 01:

5th July,

2019

Lecture-1 Syllabus Preview.

Lecture-2

• ADR and types of ADR:

o Negotiation, Mediation, Mini-trial, Conciliation,

Arbitration, Lok Adalat and Loknayalay, Ombudsman.

Lecture-3

• Historical Evolution and Legislative History:

o Arbitration in ancient India;

o Arbitration in British India;

o Code of Civil Procedure, 1859 and arbitration;

o Arbitration Act, 1899;

o Civil Procedure Code, 1908;

o Arbitration Act, 1940;

o Arbitration and Conciliation Act, 1996;

o Arbitration and Conciliation (Amendment) Act, 2015.

Week – 02: Lecture-4 Concepts, types and features of arbitration:


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8 July, 2019

• Meaning of arbitration;

• Need for arbitration;

• Party autonomy;

• Law applicable to arbitrations;

• Types of arbitration

• Statutory arbitration.

Lecture-5

Arbitration Agreement:

• Definition and relevant provisions;

• Arbitrability;

• Reference to arbitration.

• Essentials of arbitration agreement;

• Severability;

• Parties/non-parties to arbitration;

• Consolidation of arbitration/Joinder of parties.

Lecture-6

Arbitration Agreement (continued):

• Drafting;

• Multi-Tier;

• Case Laws.

Week – 03:

15 July,

2019

Lecture-7

Notice of arbitration, reference to arbitration and appointment of

arbitrator(s):

• Relevant provisions;

• Pre-reference procedures;

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• Invocation of arbitration;

• Requirement of notice;

• Service of notice.

Lecture-8

Notice of Arbitration and Appointment of Arbitrator (continued):

• Essentials of appointment;

• Appointment Procedure;

• Named Arbitrators;

• Appointing Authority;

• Qualifications of arbitrators.

Lecture-9

Notice of Arbitration and Appointment of Arbitrator (continued):

• Appointment by Court;

• Fees;

• Conflict;

• Reference to arbitration;

• Case Laws.

Week – 04:

22 July,

2019

Lecture-10

Conduct of Arbitration Proceedings:


• Power of Courts to interfere in Arbitration Proceedings;

• Place of Arbitration and Jurisdictional Issues.

Lecture-11

Conduct of Arbitration Proceedings (continued):

• Law applicable to the Arbitration;

• Procedural Matters;

• Pleadings;

• Evidence.

Lecture-12 Conduct of Arbitration Proceedings (continued):

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• Powers of arbitrators;

• Power of Review;

• Power to decide ex aequo et bono;

• Case laws.

Week – 05:

29 July,

2019

Lecture-13

Interim Measures:


• Interim measures by court;

• Interim measures by arbitrators.

Lecture-14

Interim Measures (continued):

• Enforcement of interim relief awarded by Arbitral Tribunal;

• Difference between order and award;

• Challenge to interim relief granted under section 17 of the Act

by the Arbitrator.

Lecture-15 Interim Measures (continued):

• Case laws.

Week – 06:

5 Aug.,

2019

Lecture-16

Challenge to appointment of Arbitrator and Termination of

Mandate:


• Grounds;

• Removal.

Lecture-17


Mandate (Continued):

• Termination of Mandate;

• Re-appointment.

Lecture-18


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Mandate (Continued):

• Case Laws.

Week – 07:

12 Aug.,

2019

Lecture-19

Arbitral Award:


• Form and content;

• Stamp duty.

Lecture-20

Arbitral Award (Continued):

• Types of award;

• Multi-tier Award and merger;

• Finality;

• Interest;

• Reasoned Award.

Lecture-21 • Case laws.

Week – 08:

19 Aug.,

2019

Lecture-22

Arbitral Award (Continued):

• Grounds of Challenge.

Lecture-23 • Arbitrability, jurisdiction and public policy;

• Appeals.

Lecture-24 • Case Laws.

Week – 09:

26 August.,

2019

Lecture-25

Enforcement and Execution


• Domestic Award procedure;

Lecture-26

• International Award procedure.

• New York Convention;

• Geneva Conventions.

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Lecture-27 Case laws.

Week – 10:

2 Sep., 2019

Lecture-28 Costs in Arbitration.

Lecture-29 Fast Track arbitrations.

Lecture-30 Statutory Arbitrations, Arbitration and Conciliation Act and other

statutes.

Week – 11:

9 Sep., 2019

Lecture-31

Conciliation - Appointment, Procedure, Role of Conciliators,

Resort to Judicial or Arbitral Proceedings, Costs.

Lecture-32 • Conciliation (Contd.).

Lecture-33

• Conciliation (Contd.).

Week – 12:

16 Sep.,

2019

Lecture-34

Review of ADR mechanisms.

Mediation:


• Similarity between Mediation & Conciliation;

• Difference between Conciliation & Mediation under Indian

Law;

• Advantages & Disadvantages.

Principle steps in Mediation:

• Stages.



Week – 13:

23

September,

2019

Lecture-37 Lok Adalats and MSME arbitration.

Lecture-38 Continued.


Week – 14: Lecture-40 International Arbitration and leading Awards/Cases.

11


circumstances.


A. Text books

(i) Aiyer. P. Ramanath, The Law Lexicon, the Encyclopedic Legal and

Commercial Dictionary.

(ii) Bachawat R.S., Law of Arbitration and Conciliation.

(iii) Kwatra G.K. The Arbitration and Conciliation Law of India.

(iv) Malothora O.P. And Indu Malhotra, Law and Practice of Arbitration and

Conciliation.

1 Oct., 2019 Lecture-41

Continued.


Week – 15:

7 Oct., 2019


Lecture-44 Revisions of topics.


Week –16

14 Oct.,

2019


Lecture-47 Discussion of questions.


Week –17

21 Oct.,

2019


12

(v) Markanda, P.C., Law Relating To Arbitration and Conciliation.

(vi) Redfern and Hunter, Law and Practice of International Commercial

Arbitration.

(vii) Russell on Arbitration.

(viii) Julian D M Lew, A Mistelis & Stefan M Kroll – Comparative International

Commercial Arbitration.

B. Legislations

(i) Arbitration and Conciliation Act, 1996.

(ii) Civil Procedure Code, 1908.

(iii) New York Convention on the Recognition and Enforcement of Foreign

Arbitral Awards, 1958.

(iv) Status (List of Signatories).

(v) UNCITRAL Model Law on International Commercial Arbitration.

(vi) Arbitration (Protocol and Convention) Act 1937.

(vii) Arbitration Act 1950 (English Arbitration Act 1950).

(viii) Bengal Regulation Act of 1772, 1787, 1793 And 1795.

(ix) Bengal Regulations of 1802, 1814, 1822 And 1883.

(x) British Arbitration Act of 1889.

(xi) Code of Civil Procedure, 1859.

(xii) Civil Procedure Code of 1850.

(xiii) English Arbitration Act 1996.

(xiv) Indian Arbitration Act 1899.

(xv) ICC Arbitration Rules.

(xvi) LCIA Arbitration Rules.

(xvii) The Delhi International Arbitration Centre (DAC) (Arbitration Proceedings)

Rules.

(xviii) MCIA Rules.

13

(xix) International Convention on the Execution of Foreign Arbitral Awards, 1927

(Geneva Convention).

(xx) The Protocol on Arbitration Clauses, 1923 (Geneva Protocol).

(xxi) The Arbitration Act of 1940.

(xxii) The Foreign Awards (Recognition and Enforcement) Act 1961.

Note:


• It shall be compulsory for all the learners to carry Bare Acts/ Manual during all

the working days of a given Semester.

• Students are required to update their knowledge and information by referring to other

reference text, articles, newspapers, journals, case laws and Internet as and when

necessary. Students are suggested to utilize online databases provided by the Law

School.

• These texts were selected because they provide in one volume a combination of text,

cases and materials, designed to be read as a whole i.e., a “one-stop shop”.

• Nevertheless, the text provides the basic reading for the course only. There is much

more to the course than this, and you will undoubtedly benefit from undertaking some

reading and study of your own. It is creditable if you, in respect of the proper use of

independent research and study, follow up in the Law Library some of the case

references, periodical articles or other material referred to in the prime textbook or in

class – or even to do some research of your own. A good resource to use is the

Symbiosis Law Library and online databases as applicable such as AIR, SCC Online,

Manupatra, Westlaw India, Journal of Moral Education, Hein Online, JSTOR,

CLA Online, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer

Competition), Ebrary, Emerald and EBSCO. Further, I will make available articles

by eminent scholars in this field to be issued from the Library (suggestive list will be

provided at the time of teaching). If Copyright policy of the publisher of those articles

permits, I will make the soft copy of the articles will be made available in ‘Library’ at


• For supplementary reading, you could, for instance, begin by consulting the relevant



databases.

Other relevant books and articles will be indicated during the lectures or in the

reading material.


14

You will be examined in this course by Internal (100%) format. It will include three

tutorials (40 marks each) and a Viva-voce (30 marks).

6. PROJECT/TUTORIAL

A. Project/Tutorial Time table:

Each tutorial will carry 40 marks each (Total=120 marks). Each student will attempt it

on all occasions. The time-table of the Tutorials and Viva is as follows:

It is important to take notice that all the tutorials are open book examination.

Learners are allowed to bring any material except electronic items/materials.

They may bring books, statutes, photocopy material, handouts and similar other

materials during tutorial.

The timetable of these tutorials is as follows:

Tutorial Schedule

Tutorial

Date

Topic Test Result

First August

14, 2019

August

26, 2019

ADR and types of ADR,

Historical Evolution and

Legislative History;

Concepts, types and

features of arbitration;

Arbitration Agreement:

Second September

5, 2019

September

14, 2019

Notice of arbitration,

reference to arbitration

and appointment of

arbitrator(s), Conduct of

Arbitration Proceedings,

Challenge to appointment

of Arbitrator and

Termination of Mandate

15

Third September

27, 2019

October 5,

2019

Arbitral Award;

Enforcement and

Execution ; Costs in

Arbitration.

Viva-Voce Examination:

The Viva Voce examinations shall be conducted on 12/10/2019 and 13/10/2019. The

details regarding time and serial number of students appearing on different days shall

be notified later. The syllabus that is covered upto October 07, 2019 will be included

in the viva voce.

B. Tutorial

The tutorials give an opportunity to learners and teachers, both, to assess the learning;

it further helps in taking remedial course. In this process, scheduling of tutorial is very

important, that’s why both the tutorials are scheduled during running of the semester

so that ample time is there to take the remedial course of action. Tutorials also give

an opportunity to develop written skills of presentation and reasoned arguments. In

order to achieve the objective of this course, two tutorials are scheduled in this

semester the following way:

Tutorial 1st:

This tutorial will be based upon various theories/concepts of syllabus contents. In this

respect, it is important to refer the contents stated above as syllabus for the tutorials.

It will be altogether analytical question based test wherein conceptual learning of the

learners will be tested.

Tutorial 2nd:

Second tutorial will also be based upon various theories/concepts of the syllabus

contents. In this respect, it is important to refer the contents stated above as syllabus

for the tutorials. It will be altogether analytical question based test wherein

conceptual learning of the learners will be tested.

Tutorial 3rd:

Third tutorial will also be based upon various theories/concepts of the syllabus

contents. In this respect, it is important to refer the contents stated above as syllabus

for the tutorials. It will be altogether analytical question based test wherein

conceptual learning of the learners will be tested.

16


Please note, if you are on Internship with exemption from attending classes,

duly acknowledged by the T & P Cell, or, you are on Assessment Internship,

duly acknowledged by the T & P Cell, and your Viva-Voce is scheduled during

such duration, you must follow the following process to seek alternate date for

Viva-Voce:

I. Write an email to Faculty In-charge, Dr. Pooja Kapoor at



acknowledged by the T & P Cell;

III. Attach documentary evidence (PDF) of you being granted exemption

from attending classes;

IV. It will be forwarded by the Faculty In-charge to the Course In-charge,

and alternate date for Viva-Voce will be allotted by the Course In-charge.

No request to change the date for Viva-voce will be entertained if above

process is not followed on or before 1st September, 2019. No viva-voce will be

conducted after October 15, 2019.


The course in charge of Alternative Dispute Resolution is Mr. Varun Pathak. In case

you face any problem in dealing with the subject, feel free to see the concerned

faculty.


If any doubts remain, kindly contact Mr. Varun Pathak, Ms. Mayuri Raghavanshi &

Mr. Chanakya Dwivedi via their respective e-mails: [email protected],

[email protected], [email protected]




1

TEACHING PLAN

Financial & Systemic-Fraud

Semester X

Batch 2015-20

By

Mr. Arjun J Chaudhuri


(Session: January 2020-May 2020)

…)


(Constituent of Symbiosis

International (Deemed University),

Pune)

2

1. INTRODUCTION

Financial & Systemic-Frauds are Crimes of Deception, involving Co-Conspirators, who Collude to

Take-Advantage of Human-Weaknesses, and Seek to Profit from it. The most effective way to deceive is by

sale-purchase of financial & speculative-instruments that promise to make supernatural-gains from

investments by gullible-public or individuals who are taken in by persons, entrusted with their trust &

confidence. This new-breed of fraudsters are White-Collar Criminals identified as such by Criminologist Edwin

H Sutherland who commit White Collar Crimes during the course of their respectable-occupations, and given

the benefit of the doubt by Investigating-Agencies, and Judicial-System, because of nature of the crime, as

opposed to tough-stance taken against criminals committing conventional crimes such as murder & rape.

The building up of Ponzi-Schemes by whatever means necessary, and its subsequent discovery, has

not been retributive because of the ability of fraudsters to move their illegal-proceeds electronically across

jurisdictions, making it difficult to arrest, search & seize fugitives from justice & property, or their ability to

bribe & corrupt-institutions of enforcement.

The Financial & Systemic Fraud focuses on financial crimes investigations on such criminal activities

as corporate fraud, securities & commodities fraud, financial institution fraud, mortgage fraud, insurance

fraud, mass marketing fraud, and money laundering.

That therefore, how legal-system treats commission of such crimes is important to understand

because it has great relevance to our everyday-life, especially, economically, and socially.

Therefore, a clear-understanding of how, when, and by whom these specialized-types of crimes have

been committed, and what appropriate-measures that should be taken is of paramount importance because

the target of such crimes is the public-at-large for the benefit of few.

2. LEARNING-OBJECTIVES

„Knowledge‟

Overall-Objective is to Enable-Students to

[i] Demonstrate-Knowledge & Understanding of Legal-Concepts, Values, Principles, Rules & Procedures, and

[ii] Demonstrate-Knowledge & Understanding of Key-Relationships of Stakeholders.

„Skill‟

Cognition, Intellectual-Development, Knowledge-Upgrade, Formulation of Rationale-Arguments,

Communication ion, and Group-Dynamism.

„Outcome‟

Two Key-Skills will be developed:

(a) Case-Synthesis & Problem-Solving, and

(b) Ability to Independently-Research.

Comp Lab II

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3

3. LECTURES


Three lecture times have been set aside for this course for B.A LL.B. Verify it from the timetable assigned for

each division. Lecture outlines, principally in the form of PowerPoint slides, will be made available in „The

Library‟ on „Curiosity‟ Portal at https://slsnoida.curiositylive.com. In addition, Session Plan/ Course material

will be also provided continuing suggested reading such as Books; Journals. To facilitate your understanding

of these lectures, you should always read at least the relevant pages of suggested readings in advance of

each lecture.





attendance. The students can update themselves of their attendance daily online in „Attendance‟ on

„Curiosity‟ Portal at https://slsnoida.curiositylive.com

You are notified that an online session with the help of „Banyan Tree @Curiosity‟ will be conducted for Tutorial I.

We will be expecting your response/ answer/ reply within stipulated time given. Those, who will respond/answer

/ reply within stipulated time given, will be granted attendance for one lecture each. This activity is


B. Notifications: Learners are informed that notice/s, if required, with respect Academic Administration, either

by Course in Charge or Faculty In Charge, Academic Coordination will be sent using „Owl@Curiosity‟. Either

Course in Charge/Faculty in Charge, Academic Coordination or Learner using „Library@Curiosity‟ will

publish no notifications. You are required to keep yourself duly informed.

C. Lecture Outline:

Week Lecture Topics

Week 1

04/01/20

Lecture-1

Lecture-2

Lecture-3

Discussion of Teaching Plan

Syllabus Preview

Allotment of Project Topics

Week 2 Lecture-4 Discussion of Teaching Plan



4

11/01/20 Lecture-5

Lecture-6

Syllabus Preview

Allotment of Project Topics

Week 3

18/01/20

Lecture-7

Lecture-8

Lecture-9

ACTUS-REA

MENS-REA

Motive, Opportunity, and Means

Week 4

25/01/20

Lecture-10

Lecture-11

Lecture-12

Knowledge

MALA-IN-SE

MALA-PROHIBITA

Week 5

01/02/20

Lecture-13

Lecture-14

Lecture-15

Criminology

White-Collar Crime & Criminologist

EDWIN H SUTHERLAND‟

Opportunity-Theory

Week 6

08/02/20

Lecture-16

Lecture-17

Lecture-18

Abuse of Political & Legal-Powers by

Public-Servants

Conflict of Interests

Bribery & Corruption

Week 7

15/02/20

Lecture-19

Lecture-20

Lecture-21

Money-Laundering

BENAMI-Transactions

Tax-Evasion

Week 8

22/02/20

Lecture-22

BANK-FRAUD & Crime of Cheating

Comp Lab II

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Comp Lab II

Highlight

5

Lecture-23

Lecture-24

Embezzlement

Bribery & Corruption

Week 9

29/02/20

Lecture-25

Lecture-26

Lecture-27

TAX-EVASION

TAX-HAVENS & Banking-Secrecy

DE-Regulation of Banking-Laws

Week 10

07/03/20

Lecture-28

Lecture-29

Lecture-30

Securities-Fraud & Insider-Trading

DE-Regulation of Securities-Law

PONZI-Schemes

Week 11

14/03/20

Lecture-31

Lecture-32

Lecture-33

Securities-Fraud

Case-Study

Case-Study

Case-Study

Week 12

21/03/20

Lecture-34

Lecture-35

Lecture-36

Securities-Fraud

Case-Study

Case-Study

Case-Study

Week 13

28/03/20

Lecture-37

Lecture-38

Insurance-Fraud

DE-Regulation of Insurance-Law‟

Comp Lab II

Highlight

Comp Lab II

Highlight

6

Lecture-39 Case-Study

Week 14

23/03/20

Lecture-40

Lecture-41

Lecture-42

Corporate-Crimes

Embezzlement & Fraud

Case-Study

Week 15

04/04/20

Lecture-43

Lecture-44

Lecture-45

Corporate-Crimes

Case-Study

Case-Study

Week 16

11/04/20

Lecture-46

Lecture-47

Lecture-48

Cyber-Crimes

Misrepresentation & Fraud

Case-Study

Week 17

18/04/20

Lecture-49

Lecture-50

Lecture-51

Cyber-Crimes

Case-Study

Case-Study


circumstances.

4. READING-MATERIAL

1. Sharma Sumit, Corporate Crimes and Financial Frauds, Author Press, First Edition (2014)

2. Pamecha Virendra K., Financial Frauds & Accounting Gimmicks – How to Detect & Investigate, Xcess

Infostore Pvt. Ltd., First Edition, (2012)

3. AS RAMACHANDRA RAO, 2016, 3rd-Edition, EBC, Commentary of Prevention of Corruption Act

4. BENAMI BLACK-MONEY & MONEY LAUNDERING LAWS (As Amended by Finance Act of 2019), August-

2019, Paperback, TAXMANN

5. Bank-Frauds Prevention & Detection, Hard-Cover 2011, Author: BR SHARMA, Universal Law Publishing

Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a number

of the above texts might also be available and can be consulted once account is taken of their

7

datedness, particularly as to applicable case law. These texts were selected because they provide

in one volume a combination of text, cases and materials i.e., a “one-stop shop”.


Tort law than this, and you will undoubtedly benefit from undertaking some reading and study of

your own. It is creditable if you, in respect of the proper use of independent research and study,

follow up in the Law Library some of the case references, periodical articles or other material

referred to in the prime textbook or in class – or even to do some research of your own. For

supplementary reading, you could, for instance, begin by consulting the relevant sections of the

“alternative” texts placed on loan in the law library. Thereafter you could engage in your own


LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database

(Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald

& EBSCO, and offline database including AIR.


Financial & Systemic Fraud is a 4 credit course so you will be examined in this course for 100

marks.


three modes

A. First Mode of Internal Assessment – Project (10 marks)

B. Second Mode of Internal Assessment - Tutorial (Open Book Examination) (20 marks)

C. Third Mode of Internal Assessment- - Viva-Voce - (10 marks)

External Assessment: -The Symbiosis International (Deemed University)will conduct external

written examination for 60 marks. It consists of ten objectives (2 marks each=20 marks) and 4

subjective questions of 10 Marks each with an alternative (40 marks).



Guidelines:

Each student will have to attempt each of the above assessment modes on all the occasion. The

details pertaining to two /three internal assessment modes are as follows:

Project (long term paper)(10Marks) is aimed at improving the writing, research, and

communication and presentation skills to make student‟s learning, academically more

8

challenging and rigorous than standard lecture and test format courses. The topics of the

project shall be provided to learner by January 04, 2019 by the Course-in-Charge through

library@curiosity. The learner is expected to reflect on the assigned topic and write a 2500

words long term paper on the topic highlighting the different facets of the topics.

The term paper shall include:

a) Introduction and Objective of the paper;

b) Research questions on which the long term paper is going to focus;

c) Views of the learner along with the review of literature;

d) Conclusion.

No Spiral Binding / plastic covers only stapled copy.

Printing to be done on both sides

The word limit has to be strictly adhered and any form of plagiarism is not allowed.

As per the Anti-plagiarism policy, all projects shall be subject to plagiarism check vide the

„Turn-it In‟ software.


January 04, 2020 February 04, 2020

February 12, 2020


There will be one tutorial of 20 Marks, minimum two questions of 10 marks each. The Tutorial will be open

book test. Each student will attempt it on all occasion. It is aimed at improving the writing, research,

communication, and presentation skills. It is Open Book Examination i.e. examinees are allowed to bring and

use any material including Books, Articles, Hand Written Notes, Hand Outs and alike printed material. It does

not include use of any electronic gadgets, machine or alike material.

Tutorial Date Topics

Test Result Topics 1 and 3

One

March 04,

2020

March 12,

2020

9


Process: You are notified that two online sessions with the help of „Banyan Tree @Curiosity‟ will be

conducted for Tutorial. This activity is compulsory for all and attendance so granted will form part

of the total attendance. The session is COMPULSORY for all learners. Your quality response/answer/reply

within stipulated Date and Time allotted should be submitted. Those, who will respond/answer/reply within

stipulated Date and Time allotted, will be granted attendance for „One Lecture‟. No response from a learner

will result in absentee of the said learner. Please remember attendance so granted for the session/s will form

part of the total lectures and thus attendance.



Session

Begins

Ends

Attendance


I

January 24, 2020 @

8-PM

January 26, 2020 @

11.59-PM

One Lecture

II

February 22, 2020 @

8-PM

February 24, 2020 @

11.59-PM

One Lecture

C. Viva-Voce

Guidelines:

The viva voce examination will normally last 10 minutes and will be marked by course-in-charge.

PPT-Presentation by Group on Specific-Topics will be allotted to Learners to Assess Group-Dynamics,

Knowledge & Understanding of Subject-Matter, by Way of Alert & Factual-Responses to Questions-Posed

during Viva, by Course-in-Charge.

The Specific-Topics are:

[1] Unethical-Practices in Public-Sector

10

[2] Securities-Fraud

[3] Bank-Fraud

[4] Corporate-Fraud

[5] Cyber-Crime

➢ Strict Adherence to the schedule. If the learner is not present on the date of Viva they will be marked as

“Zero”

➢ ➢ The overall mark for this assessment (out of 10) is obtained by examining the above mentioned topics

and allocating marks on the following scale:


Date Sr. No.

March 15,2020 1-40

March 22, 2020 41-80

March 29, 2020 80 onwards

Date & Time of Presentation-cum-Viva will be Adjusted Subject to Time & Place


The Course In-Charge Financial & Systemic-Fraud is Advocate Arjun J Chaudhuri. If any doubt

remains kindly contact the Course-in-charge via her E-mail ID [email protected]

during office hours, i.e. 9 am to 3:30 pm.

All questions, comments, and feedback are welcome. The lectures of the course will be based on

Enhanced learning, Problem Solving, Guided design, Group/ Team Learning, Question & Discussion

and Interactive-style. The aim is to motivate all learners to participate in the discussion; we would

also encourage all those who want to continue the conversation to discuss the issues at hand one-on-

one with the concerned faculty member after the class. This gives learners the greatest flexibility and

autonomy over their learning and thought process, especially when it comes to their distinct analyses

of the provided readings.

Mark

Range Viva Performance

9 - 10 In depth knowledge and a thorough understanding of most aspects, with some ability to extend the discussion into difficult or unfamiliar areas.

6 - 8 Understanding and knowledge of most aspects in some depth, with the ability to encompass the discussion so as to make relevant links between theory and practice.

4 - 5 Exhibits a relatively superficial knowledge and understanding of most aspects, with the ability to make relatively simple links between theory and practice.

1 - 3 Miniature knowledge or understanding shown.

0 No knowledge or understanding demonstrated.


BY

Ipsita Ray

Assistant Professor



December 2019- April 2020.


Semester X

Teaching Plan

UNCITRAL MODEL CODES

I. Introduction:

The nexus between trade and economic growth is not a new phenomenon. Existence of Silk route

and the Amber Route is proving such nexus. It is hard to imagine economic prosperity of the

country without international trade. International trade is a mechanism to earn vital foreign

exchange by selling goods which a country can produce or manufacture at an advantage over

other countries. The mutual demand and supply for goods in turn stimulates the economy,

resulting in growth and employment. The fact is no country is self-sufficient. The movement of

goods generates the movement of capital, and capital enables a global financial system to remain

stable.

There is however another aspect of international trade which deserves no less recognition- the

private aspects of international trade. Although, international trade is mostly expressed in terms

of countries but majority of the traders are corporate entities or businesses. These entities or

persons make contracts for sale and purchase of goods across borders which are recognized by

nations. These transactions involve laws of different countries thus require commercial

arrangements to support their completion. Therefore, UNCITRAL Model Codes is a course

concerned with international commerce between private parties. International legal instruments

such as Uniform customs and Practice Publication No. 600, Incoterms, Vienna Convention on

Contracts for the International Sale of Goods and Rotterndam Rules etc. are covered to empower

learners to understand the footing of such private parties at international level.

II. Learning Objectives (Knowledge, Skills and Outcome)

A. Knowledge

After studying UNCITRAL MODEL CODES, which requires learners to understand the broad

scope of international sale of goods, rights and labilities of each party involved, learners will be

able to acquire a general understanding of the principles upon which international commercial

contract rest. The specific objective of the course, UNCITRAL MODEL CODES, is to enable

learners to gain a detailed knowledge and understanding of selected, individual areas of the

subject. It requires the learners to be able, in the context of a given problem or essay question, to

Computer

Highlight

identify the relevant area(s) of the law and to apply that law in detail and with precision and

accuracy.

B. Skills

That the Skills are acquired in the drafting & vetting of International Sales Contracts for the Sale

of Goods, and the various Contractual Relations that arise as a result of meeting those

Obligations & Duties through to Insurance, and in the litigating of matters before Forums of

Dispute Resolutions including issues of Jurisdiction, Applicable Law, Arbitration, and

Mediation, experientially.

The overall objective of this undergraduate course is to inculcate learners with the following set

of skills: general cognitive intellectual skills; general communicative/employability skills; and


Cognitive

UNCITRAL MODEL CODES will demand that learners have the capacity to demonstrate

insight in presenting materials drawn from a wide and sometimes contradictory range of primary

and secondary sources and doctrinal commentary; and to demonstrate an ability to produce a


Employability

UNCITRAL MODEL CODES will demand that learners develop perspectives and understanding

of importance of UNCIRAL Arbitration Rules. The course will help them learn and apply certain

basic features of international contract and international commercial arbitration.

Subject Specific

UNCITRAL MODEL CODES will demand an ability to identify and select key relevant issues

and to apply that knowledge with clarity to difficult situations of significant legal complexity; to

analyse facts and to produce well supported conclusions in relation to them.

C. Outcomes


independent research. These skills will be central to your success in completing this course’s


Computer

Highlight


In preparing for tutorials, learners will be asked to read, analyse and synthesize various types of

international contract. Learners will also be asked to use that knowledge to support your answer

to a number of hypothetical, factual or “problem” scenarios. In preparing properly for tutorials,

learners will be preparing properly for the end of term assessment.


In preparing for the coursework assignment, particular emphasis will be placed on independent

learning i.e., the ability to take initiative in the design (individualized approach or plan of action)

and research (external legal and non-legal sources) of the stated project. The coursework in

question is deliberately broadly drawn, and is designed to challenge learners in this regard.

Final Outcome Assessment is by compulsory coursework examination (100%) (Internal (40%)

and External (60%)) by Symbiosis International (Deemed University).

III. LECTURES


Lecture outlines, principally in the form of PowerPoint slides, and relevant study/reading

material will be made available in ‘The Library’ on ‘Curiosity’ Portal at

www.symlaw.curiositylive.com. To facilitate understanding of these lectures, learners should






attendance. The Students can update themselves of their attendance daily online in ‘Attendance’

on ‘Curiosity’ Portal at www.symlaw.curiositylive.com

B. Notifications

Learners are informed that notice/s, if required, with respect Academic Administration, either

by Course in Charge or Faculty In Charge, Academic Coordination will be sent using

‘Owl@Curiosity’. Either Course in Charge/Faculty in Charge, Academic Coordination or

Learner using ‘Library@Curiosity’ will publish no notifications. Learners are required to keep

themselves duly informed.



C. Lecture Outline

WEEK 1

JANUARY 4,

2020


LECTURE 2: : SYLLABUS PREVIEW

WEEK 2

JANUARY 13

, 2020

TOPIC 1 INTRODUCTION TO UNCITRAL

LECTURE 3: INTRODUCTION TO INTERNATIONAL TRADE

LECTURE 4: INTRODUCTION TO INTERNATIONAL TRADE

LECTURE 5: INTRODUCTION TO COMMERCIAL LAWS

WEEK 3

JANUARY

20, 2020


LECTURE 6: ORIGIN AND HISTORICAL DEVELOPMENT OF

UNCITRAL LAW

LECTURE 7: CONTRIBUTION OF UNO IN DEVELOPING PRIVATE

INTERNATIONAL TRADE LAW

LECTURE 8: INTERNATIONAL LAW COMMSION: PROBLEMS IN

DEALING WITH ISSUES IN PRIVATE INTERNATIONAL TRADE LAW

WEEK 4

JANUARY

27, 20120


LECTURE 9: UNITED NATIONS DEVELOPMENT DECADE (UNDD)

AND DEMAND FOR THE ESTABLISHMENT OF ITO

LECTURE 10: UNCITRAL: PROGRESSIVE HARMONISATION AND

UNIFICATION OF THE LAW OF INTERNATIONAL TRADE

LECTURE 11: UNCITRAL AND ECONOMIES DEVELOPMENT

WEEK 5

FEBRUARY

03, 2020

TOPIC 2 BASIC GOVERNING PRINCIPLES

LECTURE 12: COMPOSITION, STRUCTURE AND FUNCTION OF

UNCITRAL

LECTURE 13: TECHNICAL ASSISTANCE AND COORDINATION OF

WORK ON INTERNATIONAL TRADE

LECTURE 14: ESTABLISHMENT AND EVOLUTIONS OF UNCITTRAL

RULES OF PROCEDURE AND METHODS OF WORK

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WEEK 6

FEBRUARY

10, 2020

TOPIC 3 WORK CARRIED OUT BY UNCITRAL

3.1 INTERNATIONAL SALE OF GOODS AND RELATED

TRANSACTIONS

LECTURE 15: UNCITRAL: UN CONVENTION ON CONTRACTS FOR

INTERNATIONAL SALE OF GOODS (Vienna, 1980)





WEEK 7

FEBRUARY

17, 2020

TOPIC 3 WORK CARRIED OUT BY UNCITRAL


TRANSACTIONS

LECTURE 18: INTRODUCTION TO SPECIAL TRADE TERMS IN

EXPORT SALE OF GOODS

LECTURE 19: INCOTERMS- FOB, CIF

LECTURE 20: INCOTERMS- FOB, CIF

WEEK 8

FEBRUARY

24, 2020

TOPIC 3: WORK CARRIED OUT BY UNCITRAL


TRANSACTIONS

LECTURE 21: LAIBILITIES AND RESPONSIBILITIES OF PARTIES IN

DIFFENT TYPES OF SALES CONTRACT





WEEK 9

MARCH 2,

2020



TRANSACTIONS

LECTURE 24: CONVENTION ON LIMITATION PERIOD IN THE

INTERNATIONAL SALE OF GOODS (NEW YORK, 1980)

LECTURE 25: CONVENTION ON LIMITATION PERIOD IN THE

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INTERNATIONAL SALE OF GOODS (NEW YORK, 1980)

LECTURE 26: UNCITRAL LEGAL GUIDE ON INTERNATIONAL

COUNTERTRADE TRANSACTIONS

WEEK 10

MARCH 09,

2020


3.2 INTERNATIONAL TRANSPORT OF GOODS

LECTURE 27: UN CONVENTION ON THE CARRIAGE OF GOODS BY

SEA

LECTURE 28: CARRIAGE BY SEA- BILL OF LADING AND OTHER

CARRIAGE DOCUMENTS

LECTURE 29: CARRIAGE BY SEA ACT

WEEK 11

MARCH 16 ,

2020


3.2 INTERNATIONAL TRANSPORT OF GOODS

LECTURE 30: MARINE INSURANCE

LECTURE 31: TYPES OF MARINE INSURANCE

LECTURE 32: ROTTERDAM RULES

WEEK 12

MARCH 23,

2020


3.3:INTERNATIONAL COMMERCIAL ARBITRATION AND

CONCILIATION

LECTURE 33: INTRODUCTION TO INTERNATIONAL COMMERCIAL

ARBITRATION AND CONCILIATION

LECTURE 34: INTRODUCTION TO INTERNATIONAL COMMERCIAL

ARBITRATION AND CONCILIATION

LECTURE 35: UNCITRAL ARBITRATION RULES- ADOPTED IN1976

WEEK 13

MARCH 30,

2020



CONCILIATION

LECTURE 35: UNCITRAL MODEL LAW ON INTERNATIONAL

COMMERCIAL ARBITRATION (1985)

LECTURE 36: UNCITRAL ARBITRATION RULES- ADOPTED IN 1976

LECTURE 37: UNCITRAL ARBITRATION RULES- ADOPTED IN 1976

WEEK 14 TOPIC 3: WORK CARRIED OUT BY UNCITRAL

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APRIL 06,

2020


CONCILIATION

3.4 PUBLIC PROCUREMENT

LECTURE 39: UNCITRAL CONCILIATION RULES (1980)

LECTURE 40: CONVENTION ON THE RECOGNITION AND

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK, 1958)

LECTURE 41: UNCITRAL MODEL LAW ON PROCUREMENT OF

GOODS, CONSTRUCTION AND SERVICES (1994)

WEEK 15

APRIL 13,

2020


3.5 CONSTRUCTION CONTRACT

3.7 ELECTRONIC COMMERCE

LECTURE 42: UNCITRAL LEGAL GUIDE ON DRAWING UP

INTERNATIONAL CONTRACTS FOR THE CONSTRUCTION OF

INDUSTRIAL WORK

LECTURE 43: INTRODUCTION TO ELECTRONIC COMMERCE

LECTURE 44: RECOMMENDATION ON THE LEGAL VALUE OF

COMPUTER RECORDS (1985)

WEEK 16

APRIL 20,

2020


3.6 INTERNATIONAL PAYMENTS

3.7 ELECTRONIC COMMERCE

LECTURE 45: UNCITRAL MODEL LAW ON ELECTRONIC COMMERCE

LECTURE 46: UNITED NATIONS CONVENTION ON INTERNATIONAL

BILLS OF EXCHANGE AND PROMISSORY NOTES (NEW YORK, 1988)

LECTURE 47: : UNCITRAL MODEL LAW ON INTERNATIONAL CREDIT

TRANSFERS (1992)

WEEK 17

APRIL 27,

2020


3.6 INTERNATIONAL PAYMENTS

LECTURE 48: UN CONVENTION ON INDEPENDENT GURANTEES AND

STAND-BY LETTERS OF CREDIT (NEW YORK, 1995)


LECTURE 50: REVISON

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circumstances.

IV. READING AND MATERIAL:

A. TEXT Book

1. Dr. S. R. Myneni, International Trade Law, Allahabad Law Agency.

2. Indira Carr, International Trade Law, 5th edition, Routledge, Special Indian Edition.

B. Alternative Texts

1. Carole Murray, David Holloway and Daren Timson-Hunt, Export Trade: The Law and

Practice of International Trade, 11th edition, Sweet & Maxwell, South-Asian Edition.

2. Prof. J.C. T Chuah, Law of International Trade: Cross –Broder commercial

Transactions, 5th edition, Sweet & Maxwell.

3. Simon Lester and Bryan Mercurio with Arwel Davis and Kara Leitner, World Trade

Law: Text, Material and Commentary, Universal Law Publishing Company.

4. Simone Schnitzer, understanding International Trade Law, Universal Law Publishing

Company.

5. Yvonne Baatz and others, Maritime Law, Second edition, sweet & Maxwell, South

Asian Edition.

6. Fabien Gelinas (ed.), Trade Usages and Implied Terms in the Age of Arbitration,

Oxford University Publication.

7. Samareshwar Mahanty, Maritime Jurisdiction and Admiralty Law in India, Universal

Law Publishing Company.

8. Nicholas Kouladis, Principles of Law Relating to International Trade, Springer

Publication, South Asian edition (2014).

9. Eder, Bennett and others, Scrutton on Charter parties and Bills of Lading, Sweet &

Maxwell.

10. Ingeborg Schwenzer, Christiana Fountoulakis and Mariel Dimsey, International Sales

Law- A Guide to CISG, second edition, Hart publishing.

C. Prescribed Legislation

1. UNCITRAL: UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF

GOODS (Vienna, 1980).

2. CONVENTION ON LIMITATION PERIOD IN THE INTERNATIONAL SALE OF

GOODS (NEW YORK, 1980).

3. UN CONVENTION ON THE CARRIAGE OF GOODS BY SEA 1978.

4. UNCITRAL ARBITRATION RULES- ADOPTED IN1976.

5. UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

(1985).

6. UNCITRAL CONCILIATION RULES (1980).

7. CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN

ARBITRAL AWARDS (NEW YORK, 1958).

8. UNCITRAL MODEL LAW ON PROCUREMENT OF GOODS, CONSTRUCTION AND

SERVICES (1994).

9. UNCITRAL LEGAL GUIDE ON DRAWING UP INTERNATIONAL CONTRACTS FOR

THE CONSTRUCTION OF INDUSTRIAL WORK (1987).

10. UNCITRAL MODEL LAW ON ELECTRONIC COMMERCE (1996).

11. UNITED NATIONS CONVENTION ON INTERNATIONAL BILLS OF EXCHANGE

AND PROMISSORY NOTES (NEW YORK, 1988).

12. UNCITRAL MODEL LAW ON INTERNATIONAL CREDIT TRANSFERS (1992)

Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions of a

number of the above texts might also be available and can be consulted once account is taken of

their datedness, particularly as to applicable case law. These texts were selected because they

provide in one volume a combination of text, cases and materials i.e., a “one-stop shop”.


trade law than this, and you will undoubtedly benefit from undertaking some reading and study

of your own. It is creditable if you, in respect of the proper use of independent research and

study, follow up in the Law Library some of the case references, periodical articles or other

material referred to in the prime textbook or in class – or even to do some research of your own.

For supplementary reading, you could, for instance, begin by consulting the relevant sections of

the “alternative” texts placed on loan in the law library. Thereafter you could engage in your own


LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer

Database (Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), CLAOnline,

Ebrary, Emerald & EBSCO, and offline database including AIR.

V. ASSESSMENT:

UNCITRAL Model Codes is a 4 credit course so you will be examined in this course for 100

marks.


three mods. It will include:

A. Mode of First Internal Assessment – Project (Long-Term paper) – 10 marks.

B. Mode of Second Internal Assessment- Tutorial (Open Book examination) 20 marks.

C. Mode of Third Internal Assessment- Case Analysis- 10 Marks.




marks).

VI. INTERNAL ASSESSMENT MODE AND SCHEDULE





The learners are not required to submit interim report of project paper and no marks will

be allotted for the same. However, learners are encouraged to discuss their project paper with

course in charge before submitting the final draft for evaluation.

Learners are allowed to select their own project topics within their course structure. A google

document will be shared with the class and each learner is supposed to mention their research

topic within the same. However, two learners cannot be allowed to share the same topic for

research. In case of conflict, the Course-in –charge will have all rights to finalize topic for

the learners. The same rule applies to learners who fail to submit their interest within stipulated

period of time.



standard lecture and test format courses. It also aims at promoting scholarship in this significant

field of law, which has gained much momentum in practice but often lacks solid theoretical

underpinnings due to lack or inadequacy of statutory provisions.

Guidelines:

1. The project paper will be in the form of an article with suitable inputs from the learners.

The article must have an introduction (1 mark); review of literature (2marks), a research

question and body of article (4 marks), suggestion and conclusion (3 marks). Proper

citation method must be used to acknowledge the resources.

Typewriting shall be in a standardized form with 1.5 line spacing and following

specifications:

• Paper Size: A4











Turnitin report highlighting content similarity of more than 20 per cent shall invite strict

actions and the learner shall be awarded “zero” marks for the project.

Despite the report’s content similarity being lower, if the Course-in-charge identifies any

form of plagiarism, undetected by Turnitin, the learner will have to face a penalty of

negative marking (Negative marking of up to 3 marks).



year of submission, and the name of the research guide with his/her designation and full

official address shall be printed on the first page and on the front cover as given in

Appendix ‘A’.

8. A certificate (Appendix ‘B’) affirming that the research work of the candidate is original,

and that the material, if any, borrowed from other sources and incorporated in the

research project report has been duly acknowledged should be signed by the candidate. It

should also state that the candidate himself/herself would be held responsible and

accountable for plagiarism, if any, detected later.


Project Assignment

Final Submission

Results

January 04, 2020 February 04, 2020 12th February 2020





Banyan Tree

Discussion

Begins Ends Attendance

Discussion 1 January 24,

2020

@08:00 pm

January 26, 2020

@ 11.59 pm.

One lecture

Discussion 2 February 22, 2020 @

8.00pm.

February 24, 2020 @

11.59pm.

One lecture



respond/answer/reply within stipulated Date and Time allotted, will be granted attendance for



attendance.

Tutorial Mode and Schedule:

There will be one tutorial. The tutorial will carry 20 marks. The tutorial will be two questions of

10 marks each. Each learner will attempt it on all occasion. The tutorial will be open book,

problem based questions.

Tutorial Test date Result

date

Topic

Tutorial March

04, 2020

March

12, 2019

Introduction to UNCITRAL, Basic Governing Principles

and United National Convention on Contracts for the

International Sales of Goods (Vienna, 1980) ,

Convention on the Limitation Period in The international

Sale of Goods (New York, 1974), UNCITRAL Legal

Guide on International Countertrade Transactions.

C. Presentation Schedule:

The third mode of assessment will be case analysis made by the learner. Cases will be allotted to

learners by course in charge by 30th of January, 2020. Case analysis will be evaluated on the

basis of relevant facts (1 mark), key issues (2 marks), analysis (3marks), precedents (2

marks) and conclusion (2 marks).

VII. ADMINISTRATIVE ARRANGEMENTS:

The Course In-Charge for UNCITRAL Model Codes is Ms. Ipsita Ray. If any doubts remain,

kindly contact the Course In-Charge via her e-mail ID: [email protected] during office

hours, i.e. 9 am to 5 pm. They may also visit the course-in-charge between 2 pm and 4.30 pm on

Monday and Thursday.

All questions and feedback are welcome. While the lessons will be seminar-style and all

learners are encouraged to participate, those who do struggle to speak in class are welcome to

continue the conversation in person after class as well. The aim is to give learners the greatest

flexibility and autonomy over their learning and thought process, especially when it comes to

their distinct analyses of the provided readings.




----------------------------------------------------------------------------------

---------------------------------------------------------------

Submitted by


-----------------------------------------




In

Month, year


Name of Guide

-----------------------------------


------------------------------------------------------------

--------------------------------------


C E R T IF IC AT E


School, NOIDA for UNCITRAL Model Codes as part of internal assessment is based on my

original work carried out under the guidance of ______________ from________ to __________.

The research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research work has been duly

acknowledged. I understand that I myself could be held responsible and accountable for



Date:




============================

Teaching Plan

Professional Ethics

and

Professional Accounting System (Clinical Course III)

Semester X Batch 2015-20

By

Mr. Purvish Malkan

Mr. Raj Kamal

Ms. Mayuri Raghuvanshi &

Dr. Meenakshi Kaul

Symbiosis Law School, NOIDA Symbiosis International (Deemed University), Pune

Academic Year

2019-20 Semester II

2 | P a g e

Contents: 1.INTRODUCTION

2.LEARNING OBJECTIVES (Knowledge, Skills and

Outcomes)

3.LECTURES


B. Notifications

C. Lectures Outline

4.READING AND MATERIALS

Textbook

Prescribed Legislation

Alternative Texts

List of Important Cases

5.ASSESSMENT

Internal Assessment

A. First Mode of Internal Assessment

B. Second Mode of Internal Assessment

C. Third Mode of Internal Assessment

D. Fourth Mode of Internal Assessment

6.Internal Assessment Mode & Schedule

A. Case Study & Schedule

B. Periodic Problem Solution

C. Written Test

D. Viva-Voce

7.ADMINISTRATIVE ARRANGEMENT & OFFICE HOURS

TEACHING

PLAN

Professional Ethics and Professional Accounting System

Batch 2015-20

3 | P a g e

1. INTRODUCTION

As per International Bar Association‟s International Principles on Conduct for the

Legal Profession, “Lawyers throughout the world are specialized professionals who

place the interests of their clients above their own, and strive to obtain respect for the

Rule of Law. They have to combine a continuous update on legal developments with

service to their clients, respect for the courts, and the legitimate aspiration to maintain

a reasonable standard of living”. Legal Profession has always been one of the most

esteemed professions since the inception of civilization. It has a distinct place in the

society as against other vocations. It is not a business or job as understood in

common parlance but it is a noble calling, a profession.

Therefore, it becomes imperative that members of the legal profession must

have certain professional habits as against business or trade habits. It is for this

reason that since times immemorial code of conduct, written or spoken, has been in

force to uphold dignity and maintain standard of legal profession. “Ethics” refers to

science of morals and is concerned with human character. Legal ethics refer to moral

character that a legal profession is expected to practice and display. In modern Indian

Legal system as well a code of conduct has been prescribed for legal professionals

which are subject matter of this course. Thus it would not be wrong to say that this

course is the soul of the training the students are undertaking for five years to become

a lawyer. It is the last lesson but one to be remembered foremost.


A. Knowledge

Every day a legal professional has to tackle various situations involving moral

dilemmas .The objective of the course is to familiarize you with code of conduct

prescribed for legal professionals and of consequences of failure in observing them.

The foremost requirement of the course is to know the Advocates Act 1961, the

Bar Council Rules, the Contempt of Courts Act 1971 and law lay down by courts by

way of decisions on rights and obligations of a legal professional.

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B. Skills

The overall objective of this undergraduate course is to inculcate you with the



Cognitive: The course intends to equip a student to identify habits and conducts

which are unacceptable and makes one unworthy of being a legal professional. At the

same time, the intention of the course to inculcate habits and develop a character

which when put in practice will make them legal professionals of repute.

Employability: This course intends providing clarity of thought to students. For

example whether it is justified for advocates to go on strike or boycott court

proceedings for a cause or whether it is acceptable for a lawyer to consent on behalf of

his client in the interest of the client without express consent of the client. The course

also intends to provide answers to questions as to whether it is acceptable to refuse to

defend a terrorist or to guarantee an outcome of a dispute. Subject Specific: It is

expected that the student understand that morality cannot be a substitute for intellect.

Morals have an important place in this profession which cannot be substituted,

replaced or compensated with intellect and there have been grave consequences for

those who have tried doing so.

C. Outcomes

Two key skills will be highlighted by this course (a) problem solving and (b)

independent research. These skills will be central to your success in completing this

course scheme of assessment. Problem solving: During the classes and for preparing

for the tutorials, you will be required to use the knowledge gained in the class, self-

study and common understanding to support your answer to a number of hypothetical,

factual or “problem” scenarios. In preparing properly for the class and for the tutorials,

you will be preparing properly for the end of term assessment. Independent

research: In preparing for the coursework assignment, particular emphasis will be

placed on independent learning i.e., the ability to take initiative in the design

(individualized approach or plan of action) and research (external legal and non-legal

sources) of the stated project.

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D. Final Outcome

Assessment is by compulsory coursework examination which is 100% Internal

under the auspices of the Symbiosis International (Deemed University), Pune.

1. LECTURES


Three lecture times have been set aside for this course for each group. Verify it

from the timetable assigned for each group.

As per Symbiosis International (Deemed University) Regulations, “Students

are expected to attend minimum 75% of all scheduled sessions and other

forms of instruction as defined by the programme of study.”


the required attendance. The Students can update themselves of their attendance

daily under “Attendance‟ on “Curiosity‟ Portal at https://slsnoida.curiositylive.com/.

B. Notifications



Coordination will be sent using „owl@Curiosity‟. No notifications will be published by

Course-In-Charge/Faculty-In-Charge, Academic Coordination or Learner using

„library@Curiosity‟. You are required to keep yourself duly informed.

D. Lecture Outline:

Week Lecture

No.

Topics

Week 1

January 4,

2020

1 Teaching Plan

2 General Overview of the Syllabus

3 Brief History of course & Need to study the course

4 Professional Ethics – History of Legal Profession in India

Week 2

January 11,

2020

5 Advocates Act 1961-Preliminary

6 Bar Council

7 Admissions and Enrollment of advocates

8 Admissions and Enrollment of advocates


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Week 3 January 18,

2020

9 Right to practice and Conduct of Advocates

10 Right to practice and Conduct of Advocates

11 Miscellaneous provisions

12 Miscellaneous provisions

Week 4 January 25,

2020

13 Advocates Act 1961 and Bar Council Rules

14 Advocates Act 1961 and Bar Council Rules

15 Temporary and Transitional Provisions

16 Temporary and Transitional Provisions

Week 5 February 1,

2020

17 Bar Bench Relations-Ref to Constitution of India

18 Bar Bench Relations-Ref to Constitution of India

19 Contempt of Courts Act , 1971 – Nature, Scope, Purpose

20 Contempt of Courts Act , 1971 - Evolution

Week 6 February 8,

2020

21 Contempt of Court in Indian Context

22 Civil Contempt & Criminal Contempt

23 Legal Profession and Contempt of Court

24 Freedom of speech and expression vis-à-vis Contempt of court

Week 7 February 15,

2020

25 Freedom of speech and expression vis-à-vis Contempt of court

26 Comparable provisions in other countries England

–The Legal Profession Act, 1987

27 Balasubramaniyam v. P. Janakaraju & Anr. 2004 (5) Kar.

LJ 338

28 Sudhakar Prasad vs. Govt. of A.P. and Ors. (2001) 1

SCC 516

Week 8 February 22,

2020

29 Rama Narang vs. Ramesh Narang and Anr. 2006(11) SCC

114

30 D.N. Taneja vs. Bhajan Lal (1988) 3 SCC 26

Kanwar Singh Saini v. High Court of Delhi CRIMINAL

APPEAL NO. 1798 of 2009

31 Prahlad Saran Gupta V Bar council of India

Bench: S.C. Agrawal , G.B. Pattanaik - Citation: 1997

AIR 1338, 1997( 2 )SCR 499, 1997( 3 )SCC 585, 1997(

2 )SCALE348 , 1997( 3 )JT 186

32 Hikmat Ali Khan vs Ishwar Prasad

Bench: S.C. Agrawal, Sujata V. Manohar - Date of

Judgment: 28/01/1997

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Week 9 February 29,

2020

33 Lt. Col., S.J. Chaudhary vs State (Delhi Administration

Equivalent citations: 1984 AIR 618, 1984 SCR (2) 438 -

Bench: Reddy, O. Chinnappa (J), Venkataramiah, E.S.

(J), Misra, R.B. (J) - Citation: 1984 Air 618 1984 Scr (2)

438 , 1984 Scc (1) 722 1984 Scale (1)92 - Date Of

Judgment: 17/01/1984

34 C.D. Sekkizhar vs Secretary, Bar Council, Madras

Equivalent citations: AIR 1967 Mad 35 - Madras High

Court - Bench: Veeraswami – Date of Judgment: 6

January, 1966

35 Rambharosa Kalar Bhawani Kalar vs Surendra Nath

Thakur

Equivalent citations: AIR 1960 MP 81 - Madhya Pradesh

High Court- Bench: T Shrivastava, P Tare - Date of

Judgment: 30 March, 1959

36 Shiv Narain Jafa vs Hon'Ble Judges of High Court

Allahabad

CASE NO.: Appeal (civil) 25 of 1951 - BENCH: Ghulam

Hasan & M. C. Mahajan & B. K. Mukherjea & N. H.

Bhagwati & B. Jagannadhadas - DATE OF JUDGMENT:

15/05/1953

Week 10 March 7,

2020

37 Bapurao Pakhiddey vs Suman Dondey

Equivalent citations: AIR 1999 SC 916, JT 1999 (1) SC

273, (1999) IIMLJ 45 SC, 1999 (1) SCALE 269, (1999) 2

SCC 442, 1999 (1) UJ 395 - Bench: S R Babu, D

Mohapatra – Date of Judgment: 4 February, 1999

38 Purshottam Eknath Nemade vs D.N. Mahajan

Equivalent citations: AIR 1999 SC 2142, 1999 (1) BLJR

589, JT 1999 (1) SC 200, 1999 I OLR SC 436, 1999 (1)

SCALE 202, (1999) 2 SCC 215, 1999 (1) UJ 388 SC -

Bench: S R Babu, D Mohapatra – Date of Judgment: 28

January, 1999

39 LC Goyal v Nawal Kishore

Bench :

S.C. Agrawal and Sujata V. Manohar, JJ. - Date of

judgment : Jan-09-1997 - Case Number : Civil Appeal

No. 9982 of 1983

40 Devendra Bhai Shankar Mehta vs Rameshchandra

Vithaldas Sheth

Equivalent citations: 1992 AIR 1398, 1992 SCR (2) 687 -

Bench: Ray, G.N. (J), Kasliwal, N.M. (J) - Citation: 1992

Air 1398 1992 Scr (2) 687, 1992 Scc (3) 473 Jt 1992 (3)

560, 1992 Scale (1)875 - Date of Judgment: 22/04/1992

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Week 11 March 14,

2020

41 Accounting for Lawyers-Rules of Debit and Credit

42 Theoretical Information about Books of Accounts

43 Journal to Ledger

44 Writing of Ledger

Week 12 March 21,

2020

45 Cash Book

46 Cash Book

47 Other Subsidiary Books- Purchase & Clients Register

48 Bank Reconciliation Statement

Week 13 March 28,

2020

49 BRS-Cash Book

50 BRS-Pass Book

51 Rectification of errors

52 Preparation of Trial balance

Week 14 April 4, 2020

53 Preparation of Receipts and Payments Accounts

54 Preparation of Income and expenditure Accounts

55 Preparation of Balance sheet

56 Information about Accounting Packages

Week 15 April 11,

2020

57 Shambhu Ram Yadav v. Hanuman Das Khatry, AIR 2001 SC 2508

58 In re, Vinay Chandra Mishra AIR 1995 SC 2348

59 Delhi Judicial Service Association v. State of Gujrat, AIR

1991 SC 2176

60 Supreme Court Bar Association v. Union of India AIR

1998 SC 1875

Week 16

April 18,

2020

61 Viva-Voce

62 Viva-Voce

63 Viva-Voce

64 Viva-Voce

Week 17

April 25,

2020

65 Perspective publication (P) Ltd. V. State of Maharashtra,

AIR 1971 SC 221

66 P.N. Duda v. P. Shiv Shanker, AIR 1988 SC 1208.

67 E.M.S. Namboodaripad v. T. Narayana Nambias, AIR 1970 SC 2015

68 In re, Ajay Kumar Pandey, AIR 1997 SC 260

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Week 18 May 2, 2020

69 In re, Arundhati Roy, AIR 2002 SC 1375

70 M. Veerabhadhra Rao v. Tek Chand, AIR 1985 SC 28

71 Course Review

72 Course Review

2. READING AND MATERIAL

A. Textbook

Raju Ramchandran, Professional Ethics for Lawyer, Lexis Nexis India, New

Delhi, Second Edition, (2014)

GCV Subba Rao, Commentary on Contempt of Courts Act 1971 (2014)

Yashomati Ghosh ,Legal Ethics And The Professional of Law, Lexis Nexis

India, New Delhi, First Edition, (2014)

Ranadhir Kumar De, Contempt of Court Law & Practice (2012) Wadhwa Book

Company

Dr. kailash Rai, Legal Ethics Accountability for Lawyers and Bench Bar

Relations ,Central Law Publications, Eleventh Edition, (2016)

Mar M. Orkin., Legal Ethics, Canda Law Book Canda, Second Edition, (2016)

Introduction to Legal Ethics Published Arthur Cockfiled Lexis Nexis Canada,

Second Edition, (2011)

B. List of Cases:

Satyendra Narain Singh & Other vs. Ram Nath Singh, AIR 1984, S.C 1755

Bar council of Maharashtra vs. M.V. Dabholkar, AIR 1962 SC 242

In the matter of Anad, AIR1962 SC 1337,

P.D. Gupta vs. Ram Maruti, AIR 1998 SC 283

Arunava Ghosh vs. Bar Council, AIR 1996, Cal. 331,

Common Cause vs. Union of India, IBR 1995,

Dr. Haniraj Chulani Bar vs. Council of Rajasthan, (1983) 4, CC 255

In RE Advocate,AIR1989,SC245

Chandrashekhar Soni vs. Bar Council of Rajasthan, (1983) 4, SCC 255

V.L. Ranagadrai vs. D. Gopalan, AIR 1979, S.C 281

10 | P a g e

P.D. Khandekar vs. BAR Council of Maharashtra & Bombay and others,

(1984) 2 SCC, 556

M. VeerbhadraRao vs. Tek Chand (1984) SCC, 571)

Prahlad Saran Gupta vs. BAR Council of India, & other (1997) 3 SCC,

58/5

V.P. Kumaravelu vs. Bar Council of India, New Delhi and other (1997) 4

SCC, 266

Brajendra Nath Bhargava vs. Ramchandra Kasliwal & other (1998) 9 SCC,

169

Raman Services Pvt. Ltd. vs. Subhash Kapoor & other (2001) 1 S, 118

SatishKumar Sharma vs. Bar Council ofH.P. (2001) 2 SCC, 365)

Shanbhu Ram Yadav vs. Hanumandas Khatry (AIR-2001, S. C 2509

D. P. Chadha vs. T. N. Midhra AIR- 2001, S. C 457

Harish Chandra Tiwan vs. Baiju AIR 2002 SC 548

Maninderjeet Singh Bitta v. UOI, (2011) 11 SCALE 634

R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106

In Re Arundhati Roy, AIR 2002 SC 1375

Mrityunjoy Das v. Sayed Rahaman AIR 2001 SC 129

SC Bar Association v. UOI, AIR 1998 SC 1895

Smt. Pushpaben & others v. Narandas V. Badani, AIR 1979 SC 1536

Daroga Singh v. B K Pandey, (2004) 5 SCC 26

Pravin C. Shah v. K.A. Mohd. Ali, (2001) 8 SCC 6503

C. Prescribed Legislation

The Advocates Act, 1961

The Contempt of Courts Act, 1971

(Any amendments, references in any provisions there in, which comes

into force on such date or dates as the Central Government may, by

notification in the Official Gazette appoints).

D. Suggested Reading

Dr. P. B. Mukharji, Professional Ethics of the Advocate (University of Burdwan)

P. Ramanatha Aiyer, Legal & Professional Ethics – Legal Ethics, Duties &

Privileges of a Lawyer (Wadhwa Publications, Nagpur).

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Justice V. R. Krishna Iyer, Law, Lawyers and Justice(b. R. Publishing Corpn,

Delhi).

Stephen Gillers, Regulation of Lawyers: Problems of Law & Ethics(Little, Brown

& Com Boston Toronto, London).

Ross Grauston (ed.), Legal Ethics & Professional Responsibility (Clarendon

Press, Oxford).

Gary Bellow & Bea Moultan, The Lawyering Process: Ethics and Professional

Responsibility, (The Foundation Press, Inc.).

D.V. Subba Rao, Sanjiva Row‟s The Advocates Act, 1961 (LexisNexis,

Butterworths).

Nicolson and Webb, Professional Legal Ethics (OUP).

S. C. Sarkar, Modern Advocacy and Professional Ethics

Students are expected to read latest journals, periodicals, reports and articles to keep

abreast with the recent trends and developments in the course.

Note: The above list is indicative and not exhaustive. Earlier editions/Latest Editions


account is taken of their datedness, particularly as to applicable case. These texts

were selected because they provide in one volume a combination of text, cases and

materials i.e., a “one-stop shop”.


more to the Professional Ethics than this, and you will undoubtedly benefit from

undertaking some reading and study of your own. It is creditable if you, in respect of

the proper use of independent research and study, follow up in the Law Library some

of the case references, periodical articles or other material referred to in the prime

textbook or in class – or even to do some research of your own. For supplementary

reading, you could, for instance, begin by consulting the relevant sections of the

“alternative” texts placed on loan in the law library. Thereafter you could engage in

your own research, with particular reference to journals on online databases including

SCC Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR,

ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer

Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline database

including AIR.

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ASSESSMENT:

Professional Ethics and Professional Accounting System is a six credit internal course

so you will be examined in this course by 150 marks. This course will be conducted

through class instructions and simulation exercise association with practicing lawyers.

Internal Assessment: Internal examination will be conducted for 150 marks which

will include four modes discussed as follows:

Evaluation will include written test (80 marks) Case Study (20 marks), Periodical

Problem Solution (20 marks) and Viva-Voce (30 marks).Viva-Voce shall be conducted

by an expert panel consisting of internal and external examiners.

A. First Mode of Internal Assessment – Case Study (20 marks)

B. Second Mode of Internal Assessment – Periodical Problem Solution (20

marks)

C. Third Mode of Internal Assessment – Written Test - (80 marks)

D. Fourth Mode of Internal Assessment – Viva-Voce - (30 marks)



occasion. The details pertaining to two internal assessment modes are as follows:

A. First Mode and Schedule : Case Study

There will be one “Cases Study@ carrying 20 marks. It will include two questions

carrying 10 marks each. It is not an open Book Examination. The details are as

follows:

Mode I Schedule

Date

Syllabus Assignment Submission Result

Cases Study January 6 , 2020 February 8, 2020 February 19, 2020

Topic 1

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B. Second Mode and Schedule : Periodic Problem Solution

The mode selected for the second assessment will be a “Periodical Problem Solution”

and carries 20 marks. The details are as follows:

Mode II Schedule

Date

Syllabus Assignment Submission Result

Periodical Problem Solution February 4 , 2020

March 6, 2020

March 17, 2020

Topic 1 & 3

Any other

Case

C. Third Mode and Schedule : Written Test

The mode selected for the third assessment will be a “Written Test” and carries 80

marks. The details are as follows:

Mode III Schedule

Date

Syllabus Examination

Result

Written Test April 15 , 2020

April 30 , 2020 Topic 1 , 2 & 3

Any other Case

Mode III Examination Marks Distribution

Questions Marks Type Total Marks

10 2 each Objective 20

2 10 each Practical 20

4 10 each Descriptive 40

80

The duration of the written quiz shall be two hours and thirty minutes. The written

Test objective questions shall be prepared in the form of the fill in the blanks, true/false,

Statement /Code, Paragraph based, Data Based, Logical Sequence, matching questions

14 | P a g e

relating to the subject. The goal of the test is to prepare, motivate and help the learners

recall/remember what they learned. The practical and Descriptive questions aim at

judging the knowledge and Understanding of a learner. The learner is expected to

identify the problem and comprehend the same through an appropriate answer. The

basis for evaluation shall be written so that the test can measure both simple as well as

complex concepts of the course.




attendance so granted will form part of the total attendance. Both these sessions are

COMPULSORY for all learners. Your quality response/answer/reply within stipulated Date

and Time allotted should be submitted. Those, who will respond/answer/reply within

stipulated Date and Time allotted, will be granted attendance for „One Lecture‟. No

response from a learner will result in absentee of the said learner. Please remember

attendance so granted for the session/s will form part of the total lectures and thus

attendance.


Session

Begins

Ends

Attendance

Date & Time

Date & Time

I

January 17, 2020

@8:00 pm

January 19, 2020

@11:59 pm

One Lecture

II

February 11, 2020

@8:00pm

February 13, 2020

@11:59 pm

One Lecture

III March 26, 2020

@8:00pm

March 28, 2020

@11:59 pm

One Lecture

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D. Fourth Mode and Schedule : Viva – Voce

The mode selected for the fourth assessment will be a “Viva -Voce” and carries 30

marks. The details are as follows:

Mode IV Schedule

Date

Viva Date

Result

Viva-Voce April 18 - 19 , 2020

April 19 , 2020

7. ADMINISTRATIVE ARRANGEMENTS AND CONTACT HOURS:

The Course In-Charge for Professional Ethics and Professional Accounting is

Advocate Purvish Malkan. If any doubt remains kindly contact the Course-in-charge

via his E-mail ID [email protected]. In case of any emergency, they may

also seek the guidance of other faculty members, Mr. Raj Kamal, Ms. Mayuri

Raghuvanshi and Dr. Meenakshi Kaul between Saturday (as per their lecture schedule).

All questions, comments, and feedback are welcome. The lectures of the course

will be based on Enhanced learning, Problem Solving, Guided design, Group/ Team

Learning, Question & Discussion and Interactive-style. The aim is to motivate all learners

to participate in the discussion; we would also encourage all those who want to continue

the conversation to discuss the issues at hand one-on-one with the concerned faculty

member after the class. This gives learners the greatest flexibility and autonomy over

their learning and thought process, especially when it comes to their distinct analyses of

the provided readings.


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