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; nfringement 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 Econtract; 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 and 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 programmes; 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 Course III : :
1. Drafting, Pleading and Conveyance 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.
This course shall be taught through class room instructions and simulation exercises preferably with the assistance of practicing lawyers or retired judges.
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 – inds 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.
Application Form Submission 16 Dec 2020 to 16 Jan 2021.