Course III : Criminal Law II :
Unit I : Introductory and Pre – trial Process Meaning of procedure; The organization of the functionaries under the Code; their duties, functions and powers; First Information Report, complaint; Arrest; Types of trial and Features of a fair trial
Unit II : Trial Process – I :
- Magisterial Powers to take cognizance.
- Commencement of proceedings.
- Dismissal of complaints.
- Processes to compel appearance and production of things.
- Preliminary pleas to bar trial.
Unit III : Trail Process – II :
- Provisions as to Inquiries and Trials.
- Appeals, Revision and Reference.
- Security for keeping peace and good behaviour.
Unit IV : Miscellaneous :
- Transfer of cases.
- Execution, suspension, remission and commutation of sentences.
- Disposal of property.
- Preventive action of the police.
- Irregular proceedings.
- Limitation of taking cognizance.
- Compounding of offences and plea bargaining.
- Criminal Rules and Practice.
Unit V : 1. Salient features of the Juvenile Justice ( Care & Protection of Children ) Act, 2000. 2. Salient features of the Probation of Offenders Act, 1958.
Course IV : Jurisprudence :
Unit I : Meaning and nature of ‘Jurisprudence’ – Purpose and value of Jurisprudence – Schools of Jurisprudence : Natural law, Imperative Theory, Legal Realism, Historical School, Sociological School.
Unit II : Functions and purpose of law, questions of law, fact and discretion – Justice and its kinds – Civil and Criminal Administration of Justice – Theories of Punishment and Secondary functions of the Court.
Unit III : Sources of Law : Legislation, Precedent and Custom – A Comparative study.
Unit IV : Legal Concepts : Right and Duty, Kinds, Meaning of Right in its wider sense; Possession : Idea of Ownership, kinds of Ownership, Difference between Possession and Ownership; Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
Unit V : Liability : Conditions for imposing liability – Wrongful act : Damnum Sine Injuria, causation, mens rea, intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.
Course V : Clinical Course I : Professional Ethics and Professional Accounting System :
Unit I : The legal profession and its responsibilities; The equipment of the lawyer; Conduct in court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961.
Unit II : Duty to the court; Duty to the profession; Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the state;
Unit III : Contempt of Court Act, 1972 Selected major judgments of the Supreme Court.
Unit IV : Selected opinions of the Bar council of India
Unit V : Accountancy for lawyers : Need for maintenance of accounts – Books of accounts that need to be maintained – Cash Book, journal and ledger Elementary aspects of bookkeeping : Meaning, object, journal, double entry system, closing of accounts The cash and bulk transaction – The Cash book – Journal proper especially with reference to client’s accounts – Ledger, Trial balance and final accounts – Commercial mathematics.
Semester VIII : Course I : Public International Law :
Unit I : Nature, definition, origin and basis of International Law; Sources of International Law; Relationship between Municipal and International Law; Subjects of International Law.
Unit II : States as subjects of International Law : States in general; Recognition; State territorial sovereignty.
Unit III : State Jurisdiction : Law of the sea; State Responsibility; Succession to rights and obligations.
Unit IV : State and Individual – Extradition, Asylum and Nationality; the agents of international business; diplomatic envoys, consuls and other representatives; the law and practice as to treaties.
Unit : VThe United Nations Organisation – Principal organs and their functions; World Trade Organisation – Main features; International Labour Organisation.
Course II : Optional I : Human Rights Law and Practice :
Unit I : Jurisprudence of Human Rights; Nature, definition, origin and theories of human rights.
Unit II : Universal protection of human rights – United Nations and Human Rights – Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant Economic, Social and Cultural Rights, 1966.
Unit III : Regional Protection of Human rights – European system – Inter American System – African System
Unit IV : Protection of Human Rights at national level; Human rights and the Constitution; The Protection of Human rights Act, 1993.
Unit V : Human Rights and Vulnerable Groups : Rights of Women, Children, Disabled, Tribals, Aged and Minorities – National and International Legal Developments.
Course II : Optional I : Right to Information :
Unit I : Right to Information before Right to Information Act, 2005; Significance in democracy; Constitutional basis; Supreme Court on right to information.
Unit II : RTI Act – definitions; Right to information and obligations of public authorities.
Unit III : Central information commission; State information commission; Powers and functions of information commissions; Appeals and penalties.
Unit IV : Other related laws – The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Fre 1952; The Commission of Inquiry ( Central ) Rules, 1972.
Unit V : Best practices – A study of decisions rendered by state commissions and central Commission in the following areas of – Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled Banks, CPWD, Income Tax Department, Central Excise Department, Local Authorities.
Course III : Optional II : Banking Law :
Unit I : Indian Banking Structure – Origin – Evolution of Banking Institutions – Types and functions of banks – Commercial banks – Functions – Banking Companies in India – RBI – Constitution, Management and Functions – Banking Regulation Act, 1949 – State Bank of India – UTI, IDBI, RRBs’ – Local banks.
Unit II : Employment of funds – Loans and Advances – Guarantees – Advances secured by Collateral securities – Agency Services – Financing of Exports – Special Banking Services –Advances to Priority Sectors and Credit Guarantee schemes – Securitisation Act, 2002.
Unit III : Law relating to Negotiable Instruments, 1881 Act ( Read with the amended Act of 2002 ) – Negotiable Instruments – Kinds – Holder and holder in due course – Parties – Negotiation – Assignment – Presentment – Endorsement – Liability of parties – Payment in due course – Special rules of evidence – Material alteration – Noting and protest – Paying banker and collecting banker – Bills in sets – Penal provisions under NI Act – Banker’s book evidence Act.
Unit IV : Banker and customer Relationship – Definition of banker and customer – General relationship – Special relationship – Banker’s duty of secrecy, banker’s duty to honour cheques, banker’s lien, and banker’s right to set off – Appropriation of payments – Garnishee order – Customer’s duties towards his banker. Opening of New Accounts – Special types of customers – Minor’s A / C, Joint A / C, Partnership A / C, Company’s A / C, Married women’s A / C, Trust A / C, Joint Hindu family A/C – Illiterate persons, lunatics, executors – Precautions required in case of administrators, clubs, societies and charitable institutions to open an account
Unit V : Ancillary Services and E – Banking : Remittances – General, DD, MT, TT, Traveler’s cheques, bank orders, credit card, debit / smart cards, safe deposit vaults, gift cheques, stock invest. E – Banking – Definition – E – Banking includes – Internet banking, mobile banking, ATM banking, computerized banking – Ebanking services – retail services – wholesale services – ECheque – authentication – Cyber Evidence – Banking Ombudsman.
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 : Definitionmethod 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.
Application Form Submission 16 Dec 2020 to 16 Jan 2021.