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CONTRACT: GENERAL PRINCIPLES OF CONTRACTS:
-
UNIT I - History â Formation of Contract â Agreement and Contract â Definitions â Classification â Offer
and Acceptance â Communication â Revocation â Essential elements â Invitation to Offer â Tenders.
Consideration â Nudum Pactum â Essential elements â Privity of Contract and of Consideration â
Exceptions â Unlawful Consideration and its effect. Contractual Ability â Electronic Documents as Web
Pages â Digital Certificates as Entry Passes â Time and Place of Contract â Secured Custody of Electronic
Records.
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UNIT II - Capacity to Contract â Minorâs Agreements and its effects â Persons of unsound mind â
Persons disqualified by Law. Free Consent â Coercion â Undue influence â Misrepresentation â Fraud â
Mistake â Legality of Object â Void Agreements â Agreements against Public Policy â Wagering
Agreements â Its exceptions â Contingent Contracts.
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UNIT III - Discharge of Contracts and its various Modes â by performance â Time and place of performance
â
Performance of reciprocal promises â Appropriation of Payments â Discharge by Agreement â By operation
of Law â By frustration (Impossibility of Performance) â By Breach (Anticipatory and Actual).
â
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UNIT IV - Remedies for Breach of Contracts â Damages â Remoteness of damages â Ascertainment of
damages âInjunction â When granted and when refusedâ Restitution â Specific performance when granted
â Quasi Contracts.
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UNIT V-The Specific Relief Act Nature of Specific Relief â Recovery of Possession of movable and
immovable Property â Specific performance when granted and not granted â Who may obtain and against
whom â Discretionary remedy â Power of Court to grant relief â Rectification of instruments â Cancellation
â Declaratory decrees â Preventive relief â Temporary injunctions â Perpetual and Mandatory Injunctions.
Government as a contracting party: Constitutional provisions â Government powers to contract â Procedural
requirements â Kinds of Government Contracts, their usual clauses, performance of such contract, settlement
of disputes and remedies.
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CONSTITUTION:
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UNIT I -Salient Features of the Indian Constitution, Preamble, Citizenship, Fundamental Rights.
-
UNIT II - Directive Principles of State Policy, Fundamental Duties, Parliamentary Government,
Bicameralism, Legislative Process, Privileges, Council of Ministers, President of India, Governor.
-
UNIT III -Judicial process under the Constitution, Nature of Judicial Review, Judicial Review Arts.32,
226 and 227, Court system in India, Judgesâ Appointments, conditions of service, etc., Advisory
Jurisdiction of the Supreme Court, Public Interest Litigation, Activism v. Restraint.
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UNIT IV - Federalism, CenterâState Relations, Freedom of Inter State Trade, Methods of Constitutional
Amendment, Limitation on Constitutional Amendment.
-
UNIT V - Emergency provisions, Services under the State, State Liability.
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LAW OF TORTS:
-
UNITâI Evolution of law of tortsâ Nature and scope of law of torts; Meaning; Torts distinguished from
Contract; Crimeâ Development of Ubi jus ibis Remedios; Mental elements Intention, Motive, Malice in Law
and in Fact.
-
UNITâII General Defense, Vicarious Liability.
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UNITâIII Negligence; Nuisance; Absolute and Strict liability. Legal RemediesâAwardsâRemoteness of
damage.
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UNITâIV Torts against person: Torts affecting bodyâ Assault, Battery, Mayhem and False Imprisonment;
Torts affecting reputationâLibel and Slander, Torts affecting freedom Malicious Prosecution, Malicious
Civil Action and Abuse of Legal Process; Torts affecting domestic and other rightsâMarital Rights, Parental
Rights, Rights to Service, Contractual Rights, Intimidation and Conspiracy; Torts against property.
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UNITâ V Consumer Protection Act, 1986
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FAMILY LAW: HINDU LAW:
-
UNIT â I Introduction â Concept of Dharma â Sources of Hindu Law â Modern and Ancient â Importance
of Dharma Shastra on Legislation â Two Principal Schools of Hindu Law â Application of Hindu Law.
-
UNIT â II Marriage and Kinship â Evolution of the Institution of Marriage and Familyâ Law Prior to
Hindu Marriage Act âA detailed study of Hindu Marriage Act, 1955 âMatrimonial Remedies â Maintenance
and Alimony; Customary Practices and legislative provisions relating to dowry prohibition.
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UNIT â III Hindu undivided family â Mitakshara Joint Family â Formation and Incidents â Property under
both Schools â Kartha: His Position, Powers, Privileges and Obligations â Debts âDoctrine of Pious
Obligation â Partition and Reunion âReligious and Charitable Endowment.
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UNIT â IV Inheritance and Succession â Historical perspective of traditional Hindu Law relating to
Inheritance â A detailed study of Hindu Succession Act, 1956. Stridhanaâ Womanâs Property â Recent State
and Central Amendments to Hindu Succession Act; Gifts and Testamentary Succession â Wills.
-
UNIT â V Law relating to Hindu Minority and Guardianship: Kinds of Guardians; Duties & Powers of
Guardians; A detailed study of Hindu Adoption and Maintenance Act, 1956; Maintenance: Traditional
Rights and Rights under Hindu Adoption & Maintenance Act 1956.
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CRIMINAL LAW: INDIAN PENAL CODE:
-
UNIT â I General Principles of Crime; Conceptions of Crime; Distinction between Crime and other
wrongs under common Law â Crime and morality distinction â Circumstances when morality amounts to
crime â Stateâs responsibility to detect, control and punish crime. Principles of criminal liability â Actus
reus and menâs rea (also statutory offences) and other maxims; Variations in liability â Mistake,
intoxication, compulsion, legally abnormal persons; Possible parties to the crime: Principal in the I degree;
Principal in the II degree; Accessories before the fact; Accessories after the fact. Indian Penal Code:
General Explanation, Sections 6 â 33 and 39 â 52A; Punishment, Sections 53 â 75â Social relevance of
Capital Punishment â Alternatives to Capital Punishment â Discretion in awarding punishment and
minimum punishment in respect of certain offences with relevance to precedents (judgements).
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UNIT â II General Exceptions: Sections 76 â 106; Criminal act by several persons or group: Sections 34 â
38; Abetment: Sections 107 â 120; Criminal Conspiracy: Sections 120A & 120B; Offences against State:
Sections 121 â 130; Offences against the public tranquility: Sections 141 â 160; Offences relating to
election: Sections 171A â 171; Contempt of lawful authority and public servants: Sections 172 â 190; False
evidence and offences against public trust: Sections 172 â 229; Offences relating to coins and Government
Stamps: Sections 230 â 263A; Offences relating to weights and measures: Sections 260 â 294A; Offences
relating to religion: Section 295 â 298.
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UNIT â III Offences affecting human life, causing miscarriage, injuries to unborn children â Exposure of
infants, concealment of birth â Hurt, Grievous Hurtâ Wrongful restraint â Wrong confinement â Criminal
force and Assault (Sections 299 â 358).
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UNIT â IV Kidnapping, Abduction â Slavery and forced labor â Rape: custodial rape, marital rape â
Prevention of immoral traffic â Prevention of sati â Prohibition of indecent representation of women â
Unnatural offences, theft, robbery and dacoity â Criminal Misappropriation of property â Criminal breach of
trust â Receiving of stolen property â Cheating â Fraudulent deeds and disposition of property (Sections 378
â 424).
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UNIT â V Mischief (Sections 425 â 440) â Criminal Trespass (Sections 441 â 462) â Offences relating to
document and property marks (Sections 463 â 480) â Offences relating to marriage (Sections 493 â 498 A)
â Defamation (Sections 499 â 502); Criminal intimidation and annoyance and attempt to commit such
offences (Sections 506 â 511).
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CONTRACTâII:
-
UNIT â I Contract of Indemnity â Documents/Agreements of Indemnity â Definition, Nature and Scope â
Rights of indemnity holder â Commencement of the indemnifierâs liability â Contract of Guarantee â
Definition, Nature and Scope â Difference between contract of indemnity and Guarantee â Rights of surety
â Discharge of Surety â Extent of Suretyâs liability â Coâsurety. Contract of Bailment â Definition â Kinds â
Duties of Bailer and Bailee â Rights of Finder of goods as Bailee â Liability towards true owner â Rights to
dispose of the goods. Contract of pledge â Definition â Comparison with Bailment â Rights and duties of
Pawn or and Pawnee.
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UNIT â II Agency â Definition â Creation of Agency â Kinds of Agents â Distinction between Agent and
Servant â Rights and Duties of Agent â Relation of Principal with third parties â Delegation â Duties and
Rights of Agent â Extent of Agents authority â Personal liability of Agent â Termination of Agency.
-
UNIT â III Indian Partnership Act â Definition â Nature, Mode of determining the existence of Partnership
â Relation of Partner to one another â Rights and duties of partner â Relation of partners with third parties
â Types of partners â Admission of partners â Retirement â Expulsion â Dissolution of Firm â Registration
of Firms.
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UNIT â IV Sale of Goods Act â The Contract of sale â Conditions and Warranties â Passing of property â
Transfer of title â Performance of the Contract â Rights of Unpaid Seller against goods â Remedies for
Breach of Contract
-
UNIT â V Hire Purchase Act 1972 â Rights and Obligation of the Hirer and Owner, Form and contents of
Hire Purchase Agreements, Warranties and Conditions â Standard Form of Contracts: Nature, Advantages
â Unilateral Character, Principles of Protection against the possibility of exploitation â Judicial Approach to
such Contracts â Exemption Clauses â Clash between two standard forms of contracts.
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COMPANY LAW:
-
UNIT â I The Companies Act, 1956 â Corporate Personality and its kinds â Promoters â Registration and
Incorporation â M O A.
-
UNIT â II AOA â Prospectus â Directors â Meetings â Role of Company Secretary â Dividends; Brief
analysis of corporate ethics.
-
UNIT â III Issue of Shares â Types of Shares â Debentures â Procedure for allotment of shares and
debentures â share capital â Rights and privileges of shareholders â Preventions of Oppression and
Mismanagement â Different modes of winding up of companies.
-
UNIT â IV SEBI Act, 1992; Securities Contracts (Regulation) Act, 1956 and Rules.
-
UNIT â V FEMA Act, 1999; Competition Act, 2002; Brief introduction to BPO & LPO
-
PROPERTY LAW:
-
UNIT â I General principles of Transfer of Property by Act of parties interâ vivosâ Concept and meaning of
immovable propertyâ Transferable Immovable Propertyâ Persons Competent to transfer â Operation of
Transferâ Conditions restraining alienation and restrictions repugnant to the interest createdâ rule against
perpetuity and exceptionsâ Direction for accumulationâ Vested and Contingent interest.
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UNIT â II Doctrine of electionâ transfer by ostensible and coâownerâ Apportionmentâ Priority of rightsâ
Rent paid to holder under defective titleâ Improvements made by bonafide holder Doctrine of Lis pendensâ
Fraudulent transfer and partâperformance.
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UNIT â III Mortgages of Immovable property: Definitionâ Kinds of mortgages and their features Rights and
liabilities of mortgagor and mortgageeâ Priority of securitiesâ Marshalling and contributionâ Charges.
-
UNIT â IV Sale of immovable property: Rights and liabilities of seller and buyer before and after completion
of saleâ Difference between sale and contract for sale; Leases of immovable property: Definitionâ Scopeâ
creation of leaseâ rights and liabilities of lessor and lessee Determination and holding over; Exchange:
Definition and modeâ Actionable Claims; Gifts: Scopeâ meaningâ mode of transferâ universal giftsâ onerous
gifts.
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UNIT â V Law of Trusts with Fiduciary Relations: Definitions of Trust and its comparison with other
relationships like Debt, Ownership, Bailment, Agency and Contract; Kinds of Trustsâ Creation of Trustâ
Appointment of Trusteesâ Duties and Liabilities of Trustees Rights and Powers of Trusteesâ Disabilities of
Trusteeâ Rights and Liabilities of the Beneficiaryâ Vacating the office of trustee and Extinction of Trusts.
-
ADMINISTRATIVE LAW:
-
UNIT â I Evolutionâ Nature and Scope of Administrative Lawâ Relation with Constitutional Law
Separation of powers and conceptsâ Rule of lawâ Counsil dâ Etate, (French system) â Classification of
Administration Actionâ functionsâ Administrative direction and discretion.
-
UNIT âII Legislative power of the administrationâ Extent of delegation and control over delegated
Legislationâ Subâdelegationâ Judicialâ Parliamentary control over delegated Legislation.
-
UNIT â III Judicial power of Administrationâ Nature of procedureâ Principles of Natural justice Effect of
nonâ compliance with principles of Natural Justiceâ Exception to principles of Natural Justice.
-
UNIT â IV Judicial control of administrative action â Writs, Principles and Procedure â Public Law Review
and Private Law Review of Administration actionâ Liability of State â Torts, Contractâ Promissory Estoppelâ
Government Privilegesâ Right of informationâ Doctrine of Legitimate expectationâ Doctrine of
Accountabilityâ Waiverâ Doctrine of Proportionality.
-
UNIT âV Corporations and Public undertakingâ Commission of Enquiryâ Ombudsman in India (Lokpal
and Lokayuktha) â Central Vigilance Commissionâ Parliamentary Committees Civil Services in Indiaâ
Accountability and responsibilityâ Problems and Prospective Administrative devianceâ Corruptionâ Malâ
administrationâ Control mechanism of Accountability.
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FAMILY LAW âII: MOHAMMEDAN LAW AND INDIAN SUCCESSION ACT
-
UNITâI Development of Islamic Law: Advent of Islam & development of Muslim Law, Schools of Islamic
Law, the Shariat Act, 1937; Concept of Marriage: Definition, object, nature, essential requirements of a
Muslim marriage, classification of marriage â Legal effects of valid, void and irregular marriage â Muta
marriage; Sources of Islamic law; Customary practices and State regulation: Polygamy; Child marriage;
Preâemption; Wakf; Dower.
-
UNITâII Conversion and its consequences on family: Marriage, Guardianship, Succession; Child and
Family: Legitimacy, Custody, maintenance and education, Guardianship and parental rights.
-
UNITâIII Matrimonial Remedies under Islamic Law and Indian Divorce Act, 1869(Amended Act) â Nullity
of marriage â Bar to matrimonial relief; Alimony and Maintenance: Alimony and Maintenance as an
independent remedyâ A review under Muslim law, Indian Divorce Act, 1869, provisions under the Criminal
Procedure Code, 1973; Maintenance of divorced Muslim Women under the Muslim Women (Protection of
Rights on Divorce) Act, 1986.
-
UNITâIV Will and Inheritance: Willâ Meaning, difference between will and gift, Will made in death bed or
during illness; Muslim law of Inheritanceâ Shia and Sunni schools; Distribution of property under Indian
Succession Act of 1925(Of Christians, Parsis and Jews) â Domicile â Parsis Intestate succession and Non
Parsis Intestate succession, Succession certificate, Probate and letters of administration, powers and duties
of executor.
-
UNITâV Wills â Privileged and unprivileged wills â Construction of Wills in brief â Void bequests, void wills,
kinds of legacies â Protection of property of the deceased; Family Courts Act, 1984â Constitution, powers, and
its functions; Need for Uniform Civil Codeâ Article 44 of Indian Constitution.
-
ENVIRONMENTAL LAW:
-
UNIT â I The Idea of Environment: Ancient and Medieval Writings, Traditions, Natural and Biological
Sciences â Perspectives: Modern concept, Conflicting dimensions, recent issues âEnvironment and
sustainable development â National and International Perspectives â Population and Development.
-
UNITâ II Environmental Policy and Law: Environmental Policy : Pre & Post Independence Period; From
Stockholm to Johannesburg Declaration (Rio) and Role of Government â Five year Plans â Forest Policy â
Conservation strategy â Water Policy; Conservation of Natural Resources and its Management; Constitution
and Environment: Right to Environment â Constitutional provisions on Environment and its Protection â
Role of Judiciary on Environmental issues â Evolving of new Principles â Polluter pays principle
â Precautionary principle â Public trust doctrine.
-
UNIT â III International Law and Environmental Protection: International conventions in the development
of Environmental Laws and its Policy â From Stockholm to recent conventions (Special Emphasis on Major
conventions & Protocols) â Control on Marine Pollution; Common Law aspects of Environmental
Protection; Remedies under other Laws (I.P.C., C.D.C., C.P.C.) â Riparian rights and priorâappropriation.
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UNIT â IV Prevention and Control of Pollution: Pollution of Water, Sources, Legal Control, The Water
Act, 1974 â Pollution of Air, Modalities of control, The Air Act, 1981 â Noise Pollution and its control,
Noise Pollution control order â Disposal of Waste, laws on waste, disposal and its control â Transâboundary
Pollution hazards & Regulation; Biological Diversity and Legal Order: Bioâdiversity and Legal regulation â
Utilization of flora and fauna â Experimentation on animals â Legal and Ethical issues â Genetic Engineering
â Wildlife Protection Act, 1972 â Forest Conservation Act, 1980 â Prevention of Cruelty against animals â
Problems in Legal regulation of medicinal plants â The Plant Varieties Act â Wetland Conservation.
-
UNIT â V Environment Protection Act, 1986 including, Environment Protection Rules, Coastal Zone
Regulation, ECOâMark, Environment Impact Assessment, Environmental Audit, Public Participation in
Environmental decision making, Environment information, public hearing, Regulation on BioâMedical
Waste.
-
LABOUR LAW:
-
UNITâ I Introduction to Law of Industrial Disputes Act, 1947: Historical AspectsâMaster and slave
relationshipâIndustrial revolutionâLaissezâfaire stateâImpact of Constitution on Labor provision; Definition
and law relating to Appropriate Governmentâ Award and settlementâ IndustryâIndustrial Disputeâ
Workman. Strikes and Lockâout
-
UNIT âII Industrial Disputes Act, 1947: Layâoff âRetrenchmentâ Closure â Unfair Labor Practices and Role
of Government; Authorities under the Act (Chapter II) to be read with chapters II B, III and IV Adjudication
and Arbitration; Restrictions on the right of the employerâ Chapter IIAâNotice of change, section 11âA and
sections 33,33A; Recovery of money due from an employer. Industrial Employment (Standing Orders) Act,
1946 and Disciplinary Enquiry
-
UNITâIII Trade Unions Act, 1926: Salient features of the enactment and important definitions â Registration
of Unions, Amalgamation of Unions, Cancellation and Registration of Trade Unions, Funds of the Union,
Immunity enjoyed by the Union. Workmenâs Compensation Act, 1923: Emergence of the legislationâTotal
and partial disablement âDependentâWorkmanâWagesâLiability of the employer to pay compensation and
right of the workman to receive compensationâAccident âArising out of and in the course of employmentâ â
Occupational DiseaseâDoctrine of âAdded perilâ
-
UNIT âIV Labor Welfare Legislations: The Employees State Insurance Act, 1948: Corporation, Standing
Committee and Medical Benefit Council; Contributions; Benefits; Adjudication of disputes and Claims;
Penalties. The Employees Provident Fund Act, 1952: Employees Provident Fund Scheme and Authorities;
Miscellaneous. The Maternity Benefit Act, 1961â object and its scope.
-
UNITâV Minimum Wages Act, 1948â Fixation of minimum rates of wages â working hours and
determination of wages and claims The Factories Actâ its essential features, Safety, Health and Welfare
measures. The Contract Labor (Regulation and Abolition) Act, 1970 â object and its essential features.
-
CRIMINAL LAW âII: CRIMINAL PROCEDURE CODE, 1973, JUVENILE
-
JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 AND
PROBATION OF OFFENDERS ACT, 1958.
-
UNIT â I Introductory and Preâtrial 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 â II Trial ProcessâI: Magisterial Powers to take cognizance; Commencement of proceedings;
Dismissal of complaints; Charge; Processes to compel appearance and production of things; Bail;
Preliminary pleas to bar trial.
-
UNIT â III Trail ProcessâII: Provisions as to Inquiries and Trials; Judgment; Appeals, Revision and
Reference; Security for keeping peace and good behavior; Maintenance.
-
UNIT â 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 â V 1. Salient features of the Juvenile Justice (Care & Protection of Children) Act, 2000. 2. Salient
features of the Probation of Offenders Act, 1958.
-
JURISPRUDENCE:
-
UNIT â I Meaning and nature of âJurisprudenceâ â Purpose and value of Jurisprudence âSchools of
Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical School, Sociological School.
-
UNIT â II Functions and purpose of law, questions of law, fact and discretion â Justice and its kinds â Civil
and Criminal Administration of Justice â Theories of Punishment and Secondary functions of the Court.
-
UNIT â III Sources of Law: Legislation, Precedent and Custom â A Comparative study.
-
UNIT â 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 â V Liability: Conditions for imposing liability â Wrongful act: Damnum Sine Injuria, causation,
mens rea, intention, malice, negligence and recklessness, strict liability, vicarious liability, obligation.
-
CLINICAL COURSEâI: 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: In the matter of D, An Advocate, AIR 1956 SC 102; P. J.
Ratnam v. D. Kanikaram, AIR1964 SC 244; N. B. Mirza v. Disciplinary committee of Bar Council of
Maharashtra and Another, AIR 1972 SC; Bar Council of Maharashtra v. M. V. Dabholkar, etc., AIR 1976 SC
242; V. C. Rangadurai v. D. Golan and others, AIR 1979 SC 201; Chandra Shekhar Soni v. Bar Council of
Rajasthan and Others, AIR 1983 SC 1012; In Re an Advocate, AIR 1989 SC 245; In Re Vinay Chandra
Mishra, 1995 (Vol-I) IBR 118; Supreme Court Bar Association v. Union of India, AIR 1998 SC 1895; Ex-
Capt. Harish Uppal v. Union of India, AIR 2003 SC 739.
-
UNIT-IV Selected opinions of the Bar Council of India
-
UNITâV Accountancy for lawyers: Need for maintenance of accountsâ Books of accounts that need to be
maintainedâ Cash Book, journal and ledger Elementary aspects of bookkeeping: Meaning, object, journal,
double entry system, closing of accounts The cash and bulk transactionâ The Cash bookâ Journal proper
especially with reference to clientâs accountsâ Ledger, Trial balance and final accountsâ Commercial
mathematics.
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PUBLIC INTERNATIONAL LAW
-
UNITâI Nature, definition, origin and basis of International Law; Sources of International Law; Relationship
between Municipal and International Law; Subjects of International Law.
-
UNITâ II States as subjects of International Law: States in general; Recognition; State territorial
sovereignty.
-
UNIT âIII State Jurisdiction: Law of the sea; State Responsibility; Succession to rights and obligations.
-
UNIT â IV State and Individual â Extradition, Asylum and Nationality; the agents of international business;
diplomatic envoys, consuls and other representatives; the law and practice as to treaties.
-
UNIT â V United Nations Organization â Principal organs and their functions; World Trade Organizationâ
Main features; International Labor Organization.
HUMAN RIGHTS LAW AND PRACTICE
-
UNIT â I Jurisprudence of Human Rights; Nature, definition, origin and theories of human rights.
-
UNIT â II Universal protection of human rightsâ United Nations and Human Rightsâ Universal Declaration
of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant
Economic, Social and Cultural Rights, 1966.
-
UNIT â III Regional Protection of Human rightsâ European systemâ Inter American Systemâ African System
-
UNIT â IV Protection of Human Rights at national level; Human rights and the Constitution; The Protection
of Human rights Act, 1993.
-
UNIT â V Human Rights and Vulnerable Groups: Rights of Women, Children, Disabled, Tribals, Aged and
Minorities â National and International Legal Developments
-
RIGHT TO INFORMATION
-
UNITâI Right to Information before Right to Information Act, 2005; Significance in democracy;
Constitutional basis; Supreme Court on right to information.
-
UNITâII RTI Actâ definitions; Right to information and obligations of public authorities.
-
UNITâIII Central Information Commission; State Information Commission; Powers and functions of
information commissions; Appeals and penalties.
-
UNITâIV Other related laws â The Official Secrets Act, 1923; The Public Records Act, 1993; The Public
Records Rules, 1997; The Freedom of Information Act, 2002; The Commission of Inquiry Act, 1952; The
Commission of Inquiry (Central) Rules, 1972.
-
UNITâV Best practicesâ A study of decisions rendered by state commissions and central Commission in the
following areas of â Police, Revenue, PWD, Irrigation, Secretariat, BSNL, Posts and Telegraphs, Scheduled
Banks, CPWD, Income Tax Department, Central Excise Department, Local Authorities.
-
BANKING LAW
-
UNIT â I Indian Banking Structure â Origin â Evolution of Banking Institutions â Types and functions of
banks â Commercial banks â Functions â Banking Companies in India â RBI â Constitution, Management
and Functions â Banking Regulation Act, 1949 â State Bank of Indiaâ UTI, IDBI, RRBsââLocal banks
-
UNIT â II Employment of funds â Loans and Advancesâ Guaranteesâ Advances secured by Collateral
securitiesâ Agency Servicesâ Financing of Exportsâ Special Banking Services â Advances to Priority
Sectors and Credit Guarantee schemesâ Securitization Act, 2002.
-
UNIT â III Law relating to Negotiable Instruments, 1881 Act (Read with the amended Act of 2002) â
Negotiable Instruments â Kinds â Holder and holder in due course â Parties â Negotiationâ Assignment â
Presentment â Endorsement â Liability of parties â Payment in due course â Special rules of evidence â
Material alteration â Noting and protest â Paying banker and collecting banker â Bills in sets â Penal
provisions under NI Act â Bankerâs book evidence Act.
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UNIT â IV Banker and customer Relationship â Definition of banker and customer â General relationship â
Special relationship â Bankerâs duty of secrecy, bankerâs duty to honor cheques, bankerâs lien, and bankerâs
right to set off â Appropriation of payments â Garnishee order â Customerâs duties towards his banker.
Opening of New Accounts â Special types of customers â Minorâs A/C, Joint A/C, Partnership A/C,
Companyâs A/C, Married womenâs A/C, Trust A/C, Joint Hindu family A/C â Illiterate persons, lunatics,
executors â Precautions required in case of administrators, clubs, societies and charitable institutions to
open an account
-
UNIT â V Ancillary Services and Eâ Banking: Remittances â General, DD, MT, TT, Travelerâs cheques,
bank orders, credit card, debit/smart cards, safe deposit vaults, gift cheques, stock invest. EâBanking â
Definition
â EâBanking includes â Internet banking, mobile banking, ATM banking, computerized banking âEâ banking
services â retail services â wholesale services â Eâ Chequeâ authenticationâCyber EvidenceâBanking
Ombudsman.
-
INSURANCE LAW
-
UNIT â I Introduction: Natureâ Definitionâ History of Insuranceâ History and development of Insurance in
Indiaâ Insurance Act, 1938â (main sections) Insurance Regulatory Authority Act, 1999: Its role and
functions.
-
UNIT â II Contract of Insurance: Classification of contract of Insuranceâ Nature of various Insurance
Contractsâ Parties there toâ Principles of good faith â non disclosure â Misrepresentation in Insurance
Contractâ Insurable Interestâ Premium: Definition method of payment, days of grace, forfeiture, return of
premium, Mortality; The risk â Meaning and scope of risk, Causa Proxima, Assignment of the subject
matter.
-
UNIT â III Life Insurance: Nature and scope of Life Insuranceâ Kinds of Life Insurance. The policy and
formation of a life insurance contractâ Event insured against Life Insurance contractâ Circumstance
affecting the riskâ Amount recoverable under the Life Policyâ Persons entitles to paymentâ Settlement of
claim and payment of moneyâ Life Insurance Act, 1956â Insurance against third party rightsâ General
Insurance Act, 1972â The Motor Vehicles Act, 1988 â Sec. (140â176), Nature and scopeâ Absolute or no
fault liabilities, Third party or compulsory insurance of motors vehiclesâ Claims Tribunal Public Liability
Insurance âLegal aspects of Motor Insurance âClaims â Own Damages Claims â Third Party Liability
Claims.
-
UNIT â IV Fire Insurance: Nature and scope of Fire Insurance âBasic Principles â Conditions & Warranties
â Right & Duties of Parties â Claims â Some Legal Aspects.
Introduction to Agriculture Insurance â History of Crop Insurance in India â Crop Insurance Underwriting,
Claims, Problems associated with Crop Insurance â Cattle Insurance in India.
-
UNIT â V Marine Insurance: Nature and Scopeâ Classification of Marine policiesâ Insurable interestâ
Insurable valuesâ Marine insurance and policyâ Conditions and express warrantiesâ Voyage deviationâ
Perils of seaâ Lossâ Kinds of Lossâ The Marine Insurance Act, 1963 (Sections 1 to 91).
-
ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
-
UNITâI General; Different methods of dispute resolution; Inquisitorial method; Adversarial method; Other
methodsâ both formal and informalâ 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
-
UNITâII 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.
-
UNITâIII Conciliation: Meaning; Different kinds of conciliationâ 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.
-
UNITâIV Negotiation: Meaning; Different styles of negotiation; Different approaches to negotiation;
Phases of negotiation; Qualities of a negotiator; Power to negotiate.
-
UNITâV Mediation: Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the
mediation process â voluntary, collaborative, controlled, confidential, informal, impartial & neutral, selfâ
responsible; Different models of mediation; Code of conduct for mediators.
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CIVIL PROCEDURE CODE AND LIMITATION ACT
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UNIT â I Civil Procedure Code Introduction; Distinction between procedural law and substantive lawâ
History of the code, extent and its application, definition; Suits: Jurisdiction of the civil courtsâ Kinds of
jurisdictionâBar on suitsâ 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).
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UNIT â 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 pleadingsâ Plaint and Written Statementâ Return and
rejection of plaintâ Defensesâ Set offâ Counter claim; Parties to the suit (O. 1): Joinder, misjoinder and nonâ
joinder of partiesâ Misjoinder of causes of actionâ Multifariousness.
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UNIT â III Appearance and examination of parties (O.9, O.18) â Discovery, inspection and production of
documents (O.11 & O.13) â First hearing and framing of issues (O.10 and O.14) â Admission and affidavit
(O.12 and O.19) â Adjournment (O.17) â Death, marriageâInsolvency of the parties (O.22) â Withdrawal and
compromise of suits (O.23) â Judgment and Decree (O.20); Execution (Sec. 30 to 74, O.21): General
principal of executionâ Power of executing courtâ Transfer of decrees for executionâ Mode of executionâ
a) Arrest and detention, b) Attachment, c) Sale.
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UNIT â 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); Interâpleader 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); Referenceâ Review and Revision
(Ss. 113, 114, 115, O.46, O.46); Caveat (Sec. 144.A)â Inherent powers of the court (Ss. 148, 149, 151).
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UNIT âV Limitation Act
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INTELLECTUAL PROPERTY RIGHTSâI
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UNIT I Introductory Aspects: Overview of the concept of property; Industrial property and nonâindustrial
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 â 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.
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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
trademarks; 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.
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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;
Trademarks issues related to Internet (Domain name); Data protection in cyberspace; Eâcommerce and Eâ
contract; Salient features of Information Technology Act; IPR provisions in IT Act; Internet policy of
Government of India.
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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.
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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 Organization: Background; Salient features WIPO; Organization of WIPO.
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PENOLOGY & VICTIMOLOGY
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UNIT â I Introduction: Notion of punishment in law; Difference between crime prevention and control;
Theories of punishments.
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UNIT â II Kinds of punishment; Sentencing policies and processes; the riddle of capital punishment.
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UNIT â III Prison reforms; Alternatives to imprisonment; Victimologyâ Introduction, history and philosophy.
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UNIT â IV Victimologyâ European experience; American experience; Victim witness assistance
programmed; Restitution.
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UNIT â V Victimology â Indian experience; Legal framework; Role of Courts; Role of NHRC.
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INTERPRETATION OF STATUTES & PRINCIPLES OF LEGISLATION
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UNITâI Basic Principles; Guiding Rules; Internal aids to construction.
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UNITâII External aids to construction.
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UNITâIII Subsidiary rules; Operation of statutes; Expiry and repeal of statutes.
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UNITâIV Statutes affecting the state; Statutes affecting the jurisdiction of courts. Construction of taxing
statutes and evasion of statutes; Remedial and penal statutes.
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UNITâV Principles of Legislation.
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COMPETITION LAW
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UNITâI Constitutional provisions regulating trade; Salient features of MRTP Act, 1986; Salient features of
Consumer Protection Act, 1986.
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UNITâII 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.
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UNITâIII Competition Act, 2002; Preliminary; Prohibition of certain agreements, abuse of dominant
position and regulation of combinations. UNITâIII Competition Commission of India; Duties, powers and
functions. UNITâIII Duties of Director general; Penalties; Competition advocacy; Important judgments of
the Supreme Court.
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LAW OF EVIDENCE
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UNITâI Introduction: Distinction between substantive and procedural lawâ Conceptions of evidence in
classical Hindu and Islamic Jurisprudenceâ Evidence in customary law systems (Nonâstate law)â
Introduction to the British âPrinciples of Evidenceââ Legislations dealing with evidence (other than Indian
Evidence Act) with special reference to CPC, C.D.C., Bankers Book Evidence Act, Commercial Document
Evidence Act, Fiscal and revenue Lawsâ Salient features of the Indian Evidence Act, 1861, Applicability of
the Indian Evidence Act. Central Conceptions in Law of Evidence â Facts â Facts in issue and relevant factsâ
Evidenceâ Circumstantial and direct evidence Presumptions, proved, disproved, not provedâ Witnessâ
Appreciation of evidence. Relevancy of Factsâ Facts connected with facts in issueâDoctrine of Res gestae;
Sections 6, 7, 8 and 9 of Evidence Actâ Evidence of Common IntentionâSection10, Relevancy or otherwise
irrelevant factsâ Facts to prove right or custom (Section13) Facts concerning state of mind/state of body or
bodily feelings (Sections 14 and 15) â Relevancy and admissibility of admissions, privileged admissionsâ
evidentiary value of admissions (Sections 17 to 23).
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UNITâII Relevancy and admissibility of confessionsâ Admissibility of information received from an
accused person in custodyâ Confession of coâaccused (Sections 24 to 30) â Admitted facts need not be
proved (Section 58); Dying declarationâ Justification for relevance Judicial standards for appreciation of
evidentiary valueâSection 32 with reference to English Law âOther statements by persons who cannot be
called as witnessesâ (Sections 32(2) to (8), 33)â Statement under special, circumstances (Sections 34 to 39);
Relevance of judgmentsâ General principles â Fraud and collusion (Sections 40 to Sec. 44); Expert
testimony: General principles (Sections 45â50) â Who is an expertâ Types of expert evidence â Problems of
judicial defense to expert testimony.
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UNITâIII Character evidenceâ Meaning â Evidence in Civil Criminal cases; English Law (Sections 52â55) â
Oral and documentary Evidence âIntroduction on Proof of facts General principles concerning oral;
Evidence (Sections 59â60) â General principles concerning documentary; Evidence (Sections 61â90) â
General principles regarding exclusion by evidence (Sections 91â100).
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UNITâIV Burden of Proofâ The general conception of onus probandi (Section 101) â General and special
exception to onus probandi (Sections102â106) â 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 deathâ Doctrine of judicial notice and presumptions. Estoppel: Scope of Estoppel â Introduction as to
its rationale (Section 115) Estoppel distinguished from Res judicata â Waiver and Presumptionâ Kinds of
Estoppelâ Equitable and Promissory Estoppelâ Tenancy Estoppel (Section 116).
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UNITâV Witness, Examination and Cross Examination: Competence to testify (Sections 118 to 120) â
Privileged communications (Sections 121 to 128) â General principles of examination and cross
examination (Sections 135 to 166) â Leading questions (Sections 141â 145) â Approverâs testimony
(Section 133) â Hostile witnesses (Section 154) â Compulsion to answer questions (Sections 147, 153) â Questions of
corroboration (Sections 156â157) â Improper admission of evidence.
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TAXATION
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UNIT â I Concept of Taxâ Nature and characteristics of taxesâ Distinction between tax and fee, tax and
chessâ Direct and Indirect taxesâ Tax evasion and tax avoidanceâ Scope of taxing powers of Parliament, State
Legislatures and Local bodies. The Income Tax Act: Basis of taxation of Incomeâ Incomes exempted from
taxâ Income from salariesâ Income from house propertyâ Income from business or profession and vocationâ
Income from other sourcesâ Taxation of individuals, HUF, firms, association of persons, Coâ operative
Societies and Nonâ Residents.
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UNITâ II Income Tax Authoritiesâ Their appointmentâ Jurisdictionâ Powers and functions Provisions relating
to collection and recovery of taxâ 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
Authoritiesâ Offences and penalties.
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UNITâ III Central Excise Laws: Nature, scope and basis of levy of Central Excise dutyâ Meaning of goodsâ
Manufacture and manufacturerâ Classification and valuation of goodsâ Duty payment and exemption
provisionsâ Provisions and procedure dealing with registration and clearance of goodsâ An overview of setâ
off of duty scheme.
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UNITâ IV Customs Laws: Legislative background of the levyâ Appointment of Customs officers Portsâ
warehousesâ Nature and restrictions on exports and importsâ Levy, exemption and collection of customs
duties, and overview of law and procedure â Clearance of goods from the port, including baggageâ Goods
imported or exported by post, and stores and goods in transitâ Duty drawback provisions.
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UNIT V Central Sales Tax Laws: Evolution and scope of levy of Central Sales taxâ Interâ State sale outside
a State and sale in the course of import and exportâ Basic principles Registration of dealers and
determination of taxable turnover; Service Tax â Main features of Service Tax; VATâ Introduction to Value
Added Tax.
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INTELLECTUAL PROPERTY RIGHTSâII
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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
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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.
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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 license; Relief against
infringement; National Gene Fund.
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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.
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UNIT V International Treaties / Conventions on IPR: TRIPS Agreement: Background; Salient Features of
TRIPS; TRIPS and Indian IPR; Berne Convention: Background; Salient features of Paris Convention;
Convention of BioâDiversity: Objectives of CBD; Salient features of CBD; International IPR agreements
affecting protection of plant varieties: The WTO Doha round of trade negotiations; International Treaty on
Plant Genetic Resources (âITPGRâ)
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WHITE COLLAR CRIMES (PRIVILEGED CLASS DEVIANCE)
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UNIT â I Introduction â Concept of white-collar crime â Indian approaches to socioâeconomic offencesâ
forms of privileged class deviance â official deviance (Legislators, judges and bureaucrats), professional
deviance, trade union deviants, land law deviance, upper class deviance, police deviance, gender-based
deviance, deviance by religious leaders and organizations.
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UNIT â II Official deviance; Prevention of Corruption Act, 1988.
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UNIT â III Police and politiciansâ deviance; N. N. Vohra Committee Report; Lokpal and Lokayukta
institutions.
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UNIT â IV Professional deviance; Medical profession â The Lentin Commission Report; Legal profession
â Opinions of Disciplinary Committee of Bar Council of India.
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UNIT â V Gender based deviance â sexual harassment; Offences against scheduled castes and scheduled
tribes
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WOMEN AND CRIMINAL LAW & LAW RELATING TO CHILD
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UNITâI Women in PreâConstitution Period: Social and Legal Inequality; Social Reform Movement in
India; Legislative response in India. Women & children in PostâConstitution Period. Provisions of
Constitution of India Preamble, Art.14, 15, 23, and Part IV Legal Measures in relating to Child Labor
Women and Political Representation.
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UNITâII Different Personal Lawsâ Unequal Position of Indian WomenâUniform Civil Code; Sex Inequality
in Inheritance Rights: Right of Inheritance by birth for Sons and not for Daughters; Inheritance under
Christian Law; Inheritance under Muslim Law; Matrimonial Property Law; Right of Women to be Guardian
of her minor sons and daughters.
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UNITâIII Law of Divorce â Christian LawâDiscriminatory Provision; Muslim Lawâ Inheritance divorce.
Women and Social Legislation: Dowry Prohibition Law; Sex Determination Test, Law relating to Prevention
of Immoral Trafficking in Women Act.
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UNITâIV Women and Criminal Law: Adultery; Rape; Outraging the Modesty of Women; Kidnapping; Sati
Prohibition Law; Law relating to Domestic Violence; Law relating Eve Teasing; Indecent Representation of
Women Act.
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UNITâV Women and Employment: Factories Actâ Provisions relating to women; Maternity Benefit Act;
Equal Remuneration Act; Law Relating to Sexual Harassment at Working Place; N.C.WâAims, Functions
and Performance.
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LAW RELATING TO INTERNATIONAL TRADE
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UNIT I Historical perspectives of International Trade, Institutions â UNCTAD, UNCITRAL, GATT
(1947â 1994); World Trade OrganizationâObjectives, Structure, Power; Most Favored Nation Treatment
and National Treatment; Tariffs and Safeguard measures.
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UNIT II Technical Barriers to Trade; Sanitary and Phytoâ sanitary measures; Trade Related Investment
Measures (TRIMs); Antiâ Dumping, Subsidies and Countervailing Measures; Dispute Settlement Process.
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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.
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UNIT IV Exports â Insurance of Goods in Transit; Marine Insurance and kinds; Law on Carriage of goods
by sea, land and air, Container transport, PreâShipment Inspection; Licensing of Export and Imports.
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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 Nonâresident Indians (NRIs) and Overseas Corporate Bodies (OCBs); Foreign Collaboration Agreementâ
Foreign Technology Agreement; Foreign Companies and Foreign Nationals in India.