Course III : Optional II : Insurance Law :
Unit I : Introduction : Nature – Definition – History of Insurance – History and development of Insurance in India – Insurance Act, 1938 – ( main sections ) Insurance Regulatory Authority Act, 1999 : Its role and functions.
Unit II : Contract of Insurance : Classification of contract of Insurance – Nature of various Insurance Contracts – Parties there to – Principles of good faith – non disclosure – Misrepresentation in Insurance Contract – Insurable Interest – Premium : Definition method of payment, days of grace, forfeiture, return of premium, Mortality; The risk – Meaning and scope of risk, Causa Proxima, Assignment of the subject matter.
Unit III : Life Insurance : Nature and scope of Life Insurance – Kinds of Life Insurance. The policy and formation of a life insurance contract – Event insured against Life Insurance contract – Circumstance affecting the risk – Amount recoverable under the Life Policy – Persons entitles to payment – Settlement of claim and payment of money – Life Insurance Act, 1956 – Insurance against third party rights – General Insurance Act, 1972 – The Motor Vehicles Act, 1988 – Sec. ( 140 – 176 ), Nature and scope – Absolute or no fault liabilities, Third party or compulsory insurance of motors vehicles – Claims Tribunal – Public Liability Insurance –Legal aspects of Motor Insurance – Claims – Own Damages Claims – Third Party Liability Claims.
Unit IV : Fire Insurance : Nature and scope of Fire Insurance –Basic Principles – Conditions & Warranties – Right & Duties of Parties – Claims – Some Legal Aspects. Introduction to Agriculture Insurance – History of Crop Insurance in India – Crop Insurance Underwriting, Claims, Problems associated with Crop Insurance – Cattle Insurance in India.
Unit V : Marine Insurance : Nature and Scope – Classification of Marine policies – Insurable interest – Insurable values – Marine insurance and policy – Conditions and express warranties – Voyage deviation – Perils of sea – Loss – Kinds of Loss – The Marine Insurance Act, 1963 ( Sections 1 to 91 ).
Course IV : Clinical Course II : Alternative Dispute Resolution Systems :
Unit I : General; Different methods of dispute resolution; Inquisitorial method; Adversarial method; Other methods – both formal and informal – like Arbitration, Conciliation, Negotiation, Mediation, etc.; Advantages and disadvantages of above methods; Need for ADRs; International commitments; Domestic needs; Suitability of ADRs to particular types of disputes; Civil
Procedure Code and ADRs
Unit II : Arbitration : Meaning of arbitration; Attributes of arbitration; General principles of arbitration; Different kinds of arbitration; Qualities and qualifications of an arbitrator; Arbitration agreement and its drafting; Appointment of arbitrator; Principal steps in arbitration; Arbitral award; Arbitration under Arbitration and Conciliation Act, 1996.
Unit III : Conciliation : Meaning; Different kinds of conciliation facilitative, evaluative, court – annexed, voluntary and compulsory; Qualities of a conciliator; Duties of a conciliator; Role of a conciliator; Stages of conciliation; Procedure; Conciliation under statutes – Industrial Disputes Act, 1947; Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act, 1996..
Unit IV : Negotiation : Meaning; Different styles of negotiation; Different approaches to negotiation; Phases of negotiation; Qualities of a negotiator; Power to negotiate.
Unit V : Mediation : Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the mediation process – voluntary, collaborative, controlled, confidential, informal, impartial & neutral, self – responsible; Different models of mediation; Code of conduct for mediators.
Semester IX : Course I : Civil Procedure Code and Limitation Act :
Unit I : Civil Procedure Code Introduction; Distinction between procedural law and substantive law – History of the code, extent and its application, definition; Suits : Jurisdiction of the civil courts – Kinds of jurisdiction – Bar on suits – Suits of civil nature ( Sec.9 ); Doctrine of Res sub judice and Res judicata ( Sec. 10, 11 and 12 ); Foreign Judgment ( Sec. 13, 14 ); Place of Suits ( Ss. 15 to 20 ); Transfer of Cases ( Ss. 22 to 25 ).
Unit II : Institution of suits and summons : ( Sec. 26, 0.4 and Sec. 27, 28, 31 and O.5 ); Interest and Costs ( Sec. 34, 35, 35A, B ); Pleading : Fundamental rules of pleadings – Plaint and Written Statement – Return and rejection of plaint – Defences – Set off – Counter claim; Parties to the suit ( O. 1 ) : Joinder, misjoinder and non – joinder of parties – Misjoinder of causes of action – Multifariousness.
Unit III : Appearance and examination of parties ( O.9, O.18 ) – Discovery, inspection and production of documents ( O.11 & O.13 ) – First hearing and framing of issues ( O.10 and O.14 ) – Admission and affidavit ( O.12 and O.19 ) – Adjournment ( O.17 ) – Death, marriage – Insolvency of the parties ( O.22 ) – Withdrawal and compromise of suits ( O.23 ) – Judgment and Decree ( O.20 ); Execution ( Sec. 30 to 74, O.21 ) : General principal of execution – Power of executing court – Transfer of decrees for execution – Mode of execution – A ) Arrest and detention, B ) Attachment, C ) Sale.
Unit IV : Suits in particular cases; Suits by or against Governments ( Sec. 79 to 82, O.27 ); Suits by aliens and by or against foreign rulers, ambassadors ( Sec. 85 to 87 ); Suits relating to public matters ( Sec. 91 to 93 ); Suits by or against firms ( O.30 ); Suits by or against minors and unsound persons ( O.32 ); Suits by indigent persons ( O.33 ); Inter – pleader suits ( Sec. 88, O.35 ); Interim Orders; Commissions ( Sec. 75, O.26 ); Arrest before judgment and attachments before judgment ( O.38 ); Temporary injunctions ( O.39 ); Appointment of receivers ( O.40 ); Appeals ( Ss. 90 to 109, O.41, 42, 43, 45 ); Reference – Review and Revision ( Ss. 113, 114, 115, O.46, O.46 ); Caveat ( Sec. 144.A ) – Inherent powers of the court ( Ss. 148, 149, 151 ).
Unit V : Limitation Act.
Course II : Optional III : Intellectual Property Rights I :
Unit I : Introductory Aspects : Overview of the concept of property; Industrial property and non – industrial property; Historical background of IPR; Importance of human creativity in present scenario; Different forms of IP and its conceptual analysis. Patents : Introduction and overview of patent protection; History of Patent protections; What is patent and definition of patent; Object of patent; Scope and salient features of patent; How to obtain patent; Product patent and Process patent; Specification – Provisional and complete specification; Procedure for patent applications; Register of patents and Patent Office; Rights and obligations of patentee; Transfer of Patent Rights; Government use of inventions; Biotech patents and patentability of life forms; Infringement of Patents; Offences and Penalties.
Unit II : Trade Marks : Introduction and overview of trade mark; Evolution of trade mark law; Object of trade mark; Features of good trade mark; Different forms of trade mark; Trade mark registry and register of trade marks; Property in a trade mark; Registrable and non – registrable marks; Basic principles of registration of trade mark; Deceptive similarity; Assignment and transmission; Rectification of register; Infringement of trade mark; Passing off; Domain name protection and
registration; Offences and penalties.
Unit III : Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace; Emergence of cyber crime ; Grant in software patent and Copyright in software; Software piracy; Trade marks issues related to Internet ( Domain name ); Data protection in cyberspace; E – commerce and E – contract; Salient features of Information Technology Act; IPR provisions in IT Act; Internet policy of Government of India.
Unit IV : Geographical Indications : Introduction and overview of geographical indications; Meaning and scope of geographical indications; Important geographical indications of India and their features; Salient features of the Protection of
Geographical Indications Act; Protection of geographical indications; Misleading use of geographical indications; Registration of geographical indications; Right to use geographical indications; Infringement; Remedies against infringement; Role and functions of Registrar of Geographical indication; Conflict between Trade mark and geographical indications.
Unit V : International Convention and Treaties : Paris Convention : Background; Salient features of Paris Convention; Governing rules of Paris Convention; Patent Cooperation Treaty : Background; Objectives of PCT; Salient features of PCT; Madrid Convention : Salient features; International registration of marks; World Intellectual Property Organisation : Background; Salient features WIPO; Organisation of WIPO.
Course II : Optional III : Penology & Victimology :
Unit I : Introduction : Notion of punishment in law; Difference between crime prevention and control; Theories of punishments.
Unit II : Kinds of punishment; Sentencing policies and processes; the riddle of capital punishment.
Unit III : Prison reforms; Alternatives to imprisonment; Victimology – Introduction, history and philosophy.
Unit IV : Victimology – European experience; American experience; Victim witness assistance programs; Restitution.
Unit V : Victimology – Indian experience; Legal framework; Role of Courts; Role of NHRC.
Course III : Optional IV : Interpretation of Statutes and Principles of Legislation :
Unit I : Basic Principles; Guiding rules; Internal aids to construction.
Unit II : External aids to construction.
Unit III : Subsidiary rules; Operation of statutes; Expiry and repeal of statutes.
Unit IV : Statutes affecting the state; Statutes affecting the jurisdiction of courts. Construction of taxing statutes and evasion of statutes; Remedial and penal statutes.
Unit V : Principles of Legislation.
Course III : Optional Iv : Competition Law :
Unit I : Constitutional provisions regulating trade; Salient features of MRTP Act, 1986; Salient features of Consumer Protection Act, 1986.
Unit II : Sherman Antitrust Act, 1890; Relevant provisions of Clayton Act, 1914; Relevant provisions of the Federal Trade Commission Act; Salient features of U.K. Competition Act, 1998.
Unit III : The Competition Act, 2002; Preliminary; Prohibition of certain agreements, abuse of dominant position and regulation of combinations.
Unit IV : Competition Commission of India; Duties, powers and functions.
Unit V : Duties of Director general; Penalties; Competition advocacy; Important judgments of the Supreme Court.
Course IV : Clinical III : Drafting, Pleading and Conveyance :
1. General principles of drafting and relevant substantive rules.
2. Pleadings – Civil : plaint, written statement, interlocutory application, original petition, affidavit, execution petition, memorandum of appeal and revision, petition under Art.226 and Art.32 of the Constitution of India.
3. Pleadings – Criminal : complaint, criminal miscellaneous petition, bail application, memorandum of appeal and revision.
4. Conveyance : sale deed, mortgage deed, lease deed, gift deed, promissory note, power of attorney, will, trust deed, partition deed, etc.
5. Drafting of writ petition and Public Interest Litigation petition.
Semester X : Course I : Law of Evidence :
Unit I : Introduction : Distinction between substantive and procedural law – Conceptions of evidence in classical Hindu and Islamic Jurisprudence – Evidence in customary law systems ( Non – state law ) – Introduction to the British ‘Principles of Evidence’ – Legislations dealing with evidence ( other than Indian Evidence Act ) with special reference to CPC, Cr.P.C., Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws – Salient features of the Indian Evidence Act, 1861, Applicability of the Indian Evidence Act. Central Conceptions in Law of Evidence – Facts – Facts in issue and relevant facts – Evidence – Circumstantial and direct evidence – Presumptions, proved, disproved, not proved – Witness – Appreciation of evidence. Relevancy of Facts – Facts connected with facts in issue – Doctrine of Res gestae; Sections 6, 7, 8 and 9 of Evidence Act – Evidence of Common Intention – Section10, Relevancy or otherwise irrelevant facts – Facts to prove right or custom ( Section13 ) – Facts concerning state of mind / state of body or bodily feelings ( Sections 14 and 15 ) – Relevancy and admissibility of admissions, privileged admissions – evidentiary value of admissions ( Sections 17 to 23 ).
Unit II : Relevancy and admissibility of confessions – Admissibility of information received from an accused person in custody – Confession of co – accused ( Sections 24 to 30 ) – Admitted facts need not be proved ( Section 58 ); Dying declaration – Justification for relevance – Judicial standards for appreciation of evidentiary value – Section 32 ( 1 ) with reference to English Law – Other statements by persons who cannot be called as witnesses – ( Sections 32( 2 ) to ( 8 ), 33 ) – Statement under special, circumstances ( Sections 34 to 39 ); Relevance of judgments – General principles – Fraud and collusion ( Sections 40 to Sec. 44 ); Expert testimony : General principles ( Sections 45 – 50 ) – Who is an expert – Types of expert evidence – Problems of judicial defence to expert testimony.
Unit III : Character evidence – Meaning – Evidence in Civil Criminal cases; English Law ( Sectionzs 52 – 55 ) – Oral and documentary Evidence – Introduction on Proof of facts – General principles concerning oral; Evidence ( Sections 59 – 60 ) – General principles concerning documentary; Evidence ( Sections 61 – 90 ) – General principles regarding exclusion by evidence ( Sections 91 – 100 ).
Unit IV : Burden of Proof – The general conception of onus probandi ( Section 101 ) – General and special exception to onus probandi ( Sections102 – 106 ) – The justification of presumption and burden of proof ( Sections 107 to 114 ) with special reference to presumption to legitimacy of child and presumption as to dowry death – Doctrine of judicial notice and presumptions. Estoppel : Scope of Estoppel – Introduction as to its rationale ( Section 115 ) – Estoppel distinguished from Res judicata – Waiver and Presumption – Kinds of Estoppel – Equitable and Promissory Estoppel – Tenancy Estoppel ( Section 116 ).
Unit V : Witness, Examination and Cross Examination : Competence to testify ( Sections 118 to 120 ) – Privileged communications ( Sections 121 to 128 ) – General principles of examination and cross examination ( Sections 135 to 166 ) – Leading questions ( Sections 141 – 145 ) – Approver’s testimony ( Section 133 ) – Hostile witnesses ( Section 154 ) – Compulsion to answer questions ( Sections 147, 153 ) – Questions of corroboration( Sections 156 – 157 ) – Improper admission of evidence.
Course II : Taxation :
Unit I : Concept of Tax – Nature and characteristics of taxes – Distinction between tax and fee, tax and cess – Direct and Indirect taxes – Tax evasion and tax avoidance – Scope of taxing powers of Parliament, State Legislatures and Local bodies. The Income Tax Act : Basis of taxation of Income – Incomes exempted from tax – Income from salaries – Income from house property – Income from business or profession and vocation – Income from other sources – Taxation of individuals, HUF, firms, association of persons, Co – operative Societies and Non – Residents.
Unit II : Income Tax Authorities – Their appointment – Jurisdiction – Powers and functions – Provisions relating to collection and recovery of tax – Refund of tax, appeal and revision provisions, offences and penalties.Wealth Tax : Charge of Wealth tax, assets, deemed assets, and assets exempted from tax – Wealth tax Authorities – Offences and penalties.
Unit III : Central Excise Laws : Nature, scope and basis of levy of Central Excise duty – Meaning of goods – Manufacture and manufacturer – Classification and valuation of goods – Duty payment and exemption provisions – Provisions and procedure dealing with registration and clearance of goods – An overview of set – off of duty scheme.
Unit IV : Customs Laws : Legislative background of the levy – Appointment of Customs officers – Ports – warehouses – Nature and restrictions on exports and imports – Levy, exemption and collection of customs duties, and overview of law and procedure – Clearance of goods from the port, including baggage – Goods imported or exported by post, and stores and goods in transit – Duty drawback provisions.
Unit V : Central Sales Tax Laws : Evolution and scope of levy of Central Sales tax – Inter – State sale outside a State and sale in the course of import and export – Basic principles – Registration of dealers and determination of taxable turnover; Service Tax – Main features of Service Tax; VAT – Introduction to Value Added Tax.
Course III : Optional V : Intellectual Property Rights II :
Unit I : Indian Copyright Law : Introduction and overview of copyright : History of the concept of copyright and related rights; Nature of copyright : Salient features of Copyright Act; Subject matter of copyright; Literary work; Dramatic work; Musical works; Artistic works; Cinematographic films; Sound recordings; Term of copyright; Computer software and copyright protection; Author and ownership of copyright; Rights conferred by copyright; Assignment, transmission and relinquishment of copyright; Infringement of copyright; Remedies against infringement of copyright.
Unit II : Biological Diversity Law : Introduction and overview of Biological Diversity; Meaning and scope of Biological Diversity; Biological resources and traditional knowledge; Salient features of Biological Diversity Act; Biological Diversity concerns and issues; Bio piracy; Regulation of access to Biological Diversity; National Biodiversity Authority; Functions and powers of Biodiversity Authority; State Biodiversity Board; Biodiversity Management Committee and its functions.
Unit III : Protection of Plant Varieties and Farmers Rights Law : Legal concepts relating to the protection of plant varieties rights; Legal concepts relating to the protection of plant breeders rights; IPR in new plant varieties; Policy and objectives of protection of plant varieties and farmers rights act; Plant varieties and Farmers rights protection authority; National register of plant varieties; Procedure for registration; Rights and privileges; Benefit sharing; Compensation to communities; Compulsory licence; Relief against infringement; National Gene Fund.
Unit IV : Designs Law : Introduction and overview of Designs Law; Salient features of Designs Law; Procedure for registration; Rights conferred by registration; Copyright in registered designs; Infringement ; Powers and duties and Controller; Distinction between design, trade mark, copyright & patent.
Unit V : Women and Employment : Factories Act – Provisions relating to women; Maternity Benefit Act; Equal Remuneration Act; Law Relating to Sexual Harassment at Working Place; N.C.W – Aims, Functions and Performance.
Course IV : Optional VI : Law Relating to International Trade :
Unit I : Historical perspectives of International Trade, Institutions – UNCTAD, UNCITRAL, GATT ( 1947 – 1994 ); World Trade Organization – Objectives, Structure, Power; Most Favored Nation Treatment and National Treatment; Tariffs and Safeguard measures.
Unit II : Technical Barriers to Trade; Sanitary and Phyto – sanitary measures; Trade Related Investment Measures( TRIMs ); Anti – Dumping, Subsidies and Countervailing Measures; Dispute Settlement Process.
Unit III : International Sales of Goods Formation and Performance of International Contracts, Various Forms and Standardization of Terms; Acceptance and Rejection of Goods, Frustration of Contract, Invoices and packing, Product liability.
Unit IV : Exports – Insurance of Goods in Transit; Marine Insurance and kinds; Law on Carriage of goods by sea, land and air, Container transport, Pre – Shipment Inspection; Licensing of Export and Imports.
Unit V : Laws Governing Finance and Investments; Foreign Collaboration and Investment Policy; Foreign Direct Investment in Industries and Governing Policies; Foreign Institutional Investors ( FIIs ) : Investment by Non – resident Indians ( NRIs ) and Overseas Corporate Bodies ( OCBs ); Foreign Collaboration Agreement – Foreign Technology Agreement; Foreign Companies and Foreign Nationals in India.
Course V : Clinical Course IV : Moot Court Exercise and Internship :
Moot Court ( 30 marks ) :
1. Each student shall participate in at least 3 moot courts. Each Moot court exercise shall carry 10 marks, which shall be divided as under : – for oral advocacy : 5 marks, and – Written submission : 5 marks.
2. The student shall make written submission on behalf of the party for whom he makes oral advocacy as assigned by the course teacher.
3. The written submissions for the three moot courts shall be neatly written on one side of the bond size papers and bound together with a certificate signed by the course teacher and the principal to the effect that it is the bonafide work of the concerned student.
4. The cover shall indicate the name of the examination, subject, seat number and the center code number.
Observation of Trial ( 30 marks ) :
1. Each student shall attend trial in two cases one civil and one criminal in the course of last to or three years.
2. The student shall maintain a record and enter the various steps observed during their attendance on different days in the court.
3. The record shall be neatly written on one side of the bond size paper and bound. It will carry a certificate by the course teacher and principal to the effect that it is the bonafide work of the concerned student.
4. The record shall be valued for 30 marks.
5. The cover page shall indicate the name of the examination, subject, seat number and the center code number.
Application Form Submission 16 Dec 2020 to 16 Jan 2021.