Punjabi University, Patiala | Higher Education Institute ...
MASTER OF LAWS
LL.M. SYLLABUS
3rd & 4th Semesters
For 2018-19 and 2019-20 Sessions.
THIRD SEMESTER
Group-I : CRIMINAL LAW
Paper-I : Juvenile Justice
Paper-II : Developing Areas of Crimes & Crime Control Strategies
Group-II : INTERNATIONAL LAW
Paper-I : International Institutions-I
Paper-II : International Protection of Human Rights-I
Group-III : CONSTITUTIONAL LAW
Paper-I : British Parliamentary System
Paper-II : Federalism and Indian Constitution
Group-IV : FAMILY LAW
Paper-I : Law of Adoption and Guardianship
Paper-II : Law of Succession, Gifts, Charitable Endowments & Wakfs
Group-V : BUSINESS LAW
Paper-I : Law of Export-Import Regulation
Paper-II : Banking Law
Dissertation
FOURTH SEMESTER
Group-I : CRIMINAL LAW
Paper-I : Socio-economic Offences
Paper-II : Administration of Criminal Justice
Group-II : INTERNATIONAL LAW
Paper-I : International Institutions-II
Paper-II : International Protection of Human Rights-II
Group-III : CONSTITUTIONAL LAW
Paper-I : American Constitutional Law
Paper-II : Indian Constitution and Environment 1
Group-IV : FAMILY LAW
Paper-I : Problems of Family in Contemporary Indian Society
Paper-II : Practice and Procedure under Personal Laws
Group-V : BUSINESS LAW
Paper-I : Insurance Law
Paper-II : Corporate Finance
Dissertation
GENERAL INSTRUCTIONS FOR THE PAPER
SETTER FOR ALL THE PAPERS
1. The maximum marks for each paper are 74 and the time allowed is 3 hours.
2. The minimum number of marks required to pass each semester shall be 45% in each paper including Dissertation and 50% in the aggregate.
3. The question paper will consist of three units : I, II and III. Unit I and II will have
four questions from the respective Units of the syllabus and will carry 11 marks
each. Unit III will consist of 10 short- answer type questions, which will cover the
entire syllabus uniformly and will carry 30 marks in all.
4. Internal exams marks for each paper are 26 which includes 05 marks of Attendance,
11 marks of Written Assignment/Project Work etc. and 10 marks for Two Mid-
Semester Tests /Internal Examination.
2
LL.M. (3rd Semester)
Group -I : Criminal Law
Paper- I - Juvenile Justice
Unit-I
Concept of Juvenile Justice and Juvenile Delinquency
Nature and Causes of Juvenile Delinquency
International Efforts for Juvenile Justice
Historical Development of Juvenile Justice in India
General Principles of Care and Protection of Children
Juvenile Justice Board - Procedure and powers etc.
Procedure in Relation to Children in Conflict with Law
Child Welfare Committee – Procedure and Powers etc.
Procedure in Relation to Children in Need of Care and Protection
Children's Courts - its working and distinctive characteristics.
Unit-II
Delimitation of the Scope of Juvenile Delinquency
Discriminatory application of Juvenile Justice
Juvenile Homes
Special Juvenile Police Unit, Juvenile Justice Fund, Child Protection Society
Treatment of Juvenile Delinquents & Children in Need of Care and Protection
Rehabilitation and Social Re-integration of Juvenile Delinquents and Children in need of care and protection
Adoption
Offences against Children
An Evaluation of Juvenile Justice System in India.
Suggested Readings :
Ved Kumari : The Juvenile Justice System in India
Sophia M. Robinson : The Juvenile Delinquency : Its Nature and Control
Denis Stott : Delinquency the Problem and its Prevention
S.K. Mukherjee : Administration of Juvenile Correctional Institutions
Shipra Lavonia : Juvenile Delinquency
James R. Kluegel : Evaluating Juvenile Justice (Edited)
Prof. N.V. Paranjape : Criminology and Penology
Dr. Pushpinder Kaur Dhillon : Neglected Children : A Study of Juvenile Justice System
The Juvenile Justice (Care and Protection of Children) Act, 2015
3
LL.M. (3rd Semester)
Group-I : Criminal Law
Paper- II - Developing Areas of Crime and Crime Control Strategies.
Unit-I
Concept of Violence
Communal Violence
Terrorism
Hijacking
Honour Killing
Concept of Organised Crime
Black money
Money Laundering
Offences relating to Religion
Unit-II
Concept relating to Punishment under Indian Criminal Justice System
Sentencing Policy
Crime Control Strategies and Criminal Justice Planning
New techniques of crime investigation
Compensation to victims of crime
Public Participation in Prevention of Crime
Role of Media in Crime Control.
Suggested Readings :
K.D. Gaur : Criminal Law : Cases and Material
K.D. Gaur : Criminal Law and Criminology
Rajagopal : Violence and Response : A Critique of Indian Criminal Justice System
The Unlawful Activities (Prevention) Act, 1967
The Money Laundering Act, 2002
The Anti Hijacking Act
4
LL.M. (3rd Semester)
Group-II : International Law
Paper-I : International Institutions-I
Unit-I
Contemporary study of International Institutions :
Approaches to the study of International Organisations. Definition, Essentials and Classification of International Institutions. Legal personality, privileges and immunities of International Institutions.
Evolution of International Institutions :
The Concept of Europe and its weakness, Public International Unions, The Hague System : Developments in the 20th century
The League of Nations :
Principal organs. Functions. Causes of its failure. Achievements. The United Nations, Factors and events leading to the formation of the United Nations. Preamble, purposes and principles of the United Nations Charter, Membership in the United Nations : Admission to membership, suspension, expulsion and withdrawal from membership.
Unit-II
The General Assembly :
Composition and Voting procedure. Functions and Powers. Effectiveness of the General Assembly Resolutions. Uniting for Peace Resolution and issue of its validity. Evaluation of work of the General Assembly.
The Security Council :
Composition and Voting procedure. Functions and Powers. Problem of veto in the Security Council. Evaluation of the work of the Security Council
The Economic and Social Council :
Composition and Voting procedure. Functions and Powers. Evaluation of its work.
International Peace-keeping :
Meaning of peace-keeping : Collective Security and peace-keeping. Evolution of peace-keeping in the League of Nations and the United Nations. U.N. Peace-keeping forces-case studies. Evaluation of peace-keeping efforts.
Suggested Readings :
D.W. Bowett : The Law of International Institutions
Gilbert Murray : From the League to U.N.
Goodrich & Hambro : The Charter of the United Nations.
Potner Pitman : Introduction to the Study of International Organisations
Stephen S. Goodspeed : Nature and Functions of International Organisation.
The American Journal of International Law
The Indian Journal of International Law.
5
LL.M. (3rd Semester)
Group-II : International Law
Paper-II : International Protection of Human Rights-I
Unit-I
Historical Foundations of Human Rights and their Importance under International Law. Human Rights Provisions of the U.N. Charter and their Legal Character. United Nations Organs concerned with Protection of Human Rights.
Protection of Human Rights and the 'Domestic Jurisdiction Clause' of the U.N. Charter. Study of various Rights enshrined in the Universal Declaration of Human Rights, 1948. Importance, Value and Force of Universal Declaration of Human Right, 1948.
Unit-II
International Covenants on Civil and Political Rights, 1966. International Covenant on Economic, Social and Cultural Rights, 1966. International Convention on the Elimination of all forms of Racial Discrimination, 1965.
Protection of Human Rights under the International Labour Organisation. Impact of Human Rights Standards of ILO on Indian Labour Legislation. Protection of Human Rights under the Indian Constitution.
Suggested Readings :
Ian Brownile : Basic Documents on Human Rights
H. Lauterpacht : International Law and Human Rights
Moses Moskowitz : Human Rights and World Order
Karel Vasak and : The International Dimensions of Human Rights
Philip Aliston (Eds.)
Paul Sieghart : The International Law of Human Right
N.C. Hingorani : Human Rights in India
G.S. Bajwa : Human Rights in India : Implementation and Violations
H.C. Agarwal : Implementation of Human Rights Covernants
Pereed Kazami : Human Rights - Myth and Reality
B.N. Mahrish : International Labour Organisation and its impact on India
American Journal of Internation Law
Indian Journal of International Law.
6
LL.M. (3rd Semester)
Group -III : Constitutional Law
Paper- I - British Parliamentary System
Unit-I
Features of British Constitution. Coventions of the British Constitution. Sanctions behind conventions. Importance of Conventions.
Role and Functions of Monarchy. Origing of Monarchy. Difference between king and crown. Position and powers of the Monarch. Appointment, Powers, Functions and Position of Prime Minister of England.
Unit-II
British Cabinet System. Origin and Development. Meaning and organisation of the cabinet, committee of the cabinet. Salient features of the British Cabinet System. House of Lords, Composition, Privileges, Powers, Functions and weaknesses, Lord-Chancellor.
House of Commons : Composition, Method of Election, Tenure, Privileges of the members, Speaker of the House, Powers and Functions of the House of Commons, British Judicial System, Salient Features, Organisation of Courts, Position of Rule of Law, Privy Council : its composition and functions.
Suggested Readings :
Wade & Philips : Constitutional Law
Philips & Hood : Constitutional & Administrative Law
Dicey : Introduction to the Study of the Constitution
Jenning : The British Constitution
Jenning : The Law & the Constitution
Vishnoo Bhagwan & : World Constitutions
Vidya Bhushan
7
LL.M. (3rd Semester)
Group -III : Constitutional Law
Paper- II -Federalism and Indian Constitution
Unit-I
Nature of Federalism : Meaning, necessity, origin, development, merits, demerits, position under the Indian Constitution.
Democracy - Republic : Meaning, necessity, origin, development, merits, demerits and its Constitutional position, Theory of Seperation of power. Difference between Parliamentary and Presidential forms of Government. Role of Judiciary.
Unit-II
Division of Powers : Emergency and its impact on centre-state - relationship. Financial relations between centre and state, Recommendations of Sarkaria Commission, National Commission to Review for working of the Constitution, Recent Development.
Constitutional position of the Governor : Origin and development of office of Governor in India during British regime. Role of Governor in State. Appointment & Removal of the Governor, Powers, Privileges and Functions. Relation of the Governor with the Council of Ministers.
Suggested Readings :
Aiyer and Mehta : Essays on Indian Federalism
Jennings : Some characteristics of Indian Constitution
Basu, Durga Das : Constitutional Law of India
Dicey, A.V. : Law of the Constitution
Banerjee, Anil Chandra : The Constitutional History of India
Friederic, Care S. : Constitutional Government and Democracy
Sarkaria Commission Report on Centre-State Relations (1988)
: The National Commission to Review the working of the
Constitution -2002, Chairman - M.H. Venkatachaliah.
8
LL.M. (3rd Semester)
Group -IV : Family Law
Paper- I - Law of Adoption and Guardianship
Unit-I
Adoption under the Hindu Adoptions and Maintenance Act,1956. Application of Act. Requisites of a valid adoption. Capacity of a male Hindu to take in adoption. Capacity of a female Hindu to take in adoption. Persons capable of giving in adoption.Persons who may be adopted.
Conditions for a valid adoption. Effects of adoption. Rights of adoptive parents to dispose of their property. Determination of adoptive parents in certain cases. Valid adoption not to be cancelled. Presumption as to registered documents relating to adoption. Prohibition of certain payments. Position of adoption under other personal laws. Inter-country adoptions.
Unit-II
Guardianship under personal laws. Definitions. Natural Guardian. Powers of Natural Guardian, Testamentary Guardian, Powers of Testamentary Guardian.
Defacto Guardian, Powers of Defacto Guardian, Incapacity of a minor to act as a Guardian. Custody/Hizanat, Welfare of minor to be paramount consideration. Procedure of appointment of Guardian under the Guardian and Wards Act, 1890.
Suggested Readings :
Paras Diwan : Family Law
G.M. Divekar : Hindu Law
Acharya Shuklendra : Hindu Law
D.C. Manooja : Law of Adoption in India
R.C. Nagpal : Modern Hindu Law.
9
LL.M. (3rd Semester)
Group -IV : Family Law
Paper- II : Law of Succession, Gifts, Charitable Endowment and Wakfs.
Unit-I
Testamentary Succession : Historical Background, Definition, Essential of Will (Wassiyat), Subject matter of a Will, Formalities of Wills, Void Wills, Codicils, Limitation, Testamentary disposition, Loss of Right to Bequest.
Gifts : Definition, Essentials of Gift, Subject matter of Gift, Qualification for making or taking a gift, Conditional Gift, Revocational Gifts, Gifts with Consideration, Charitable Endowments, Definition, Essentials of a Valid Endowment.
Unit-II
Math, Definition, Object, Succession to the office of Mahant, Termination of Mahant, Debutter, Idol as a Juristic person, Public and Private Debutter. Shebaitship. Powers and obligations of Shebait. Devolution of Shebaitship, Termination of Office.
Definition, Essentials of Wakf, Persons entitled to make a Wakf, Subject matter of Wakf, Formalities of Wakf. Object of Wakf, Management of Wakf.
Suggested Readings :
B.B. Mitra : The Indian Succession Act
Nishi Purohit : The Principles of Mohammedan Law
A.A.A. Fyzee : Outlines of Mohammedan Law
Ramesh Chandra Nagpal : Modern Hindu Law
Paras Diwan : Testamentary & Intestate Succession
10
LL.M. (3rd Semester)
Group - V : Business Law
Paper – I : Law of Export & Import Regulation
Unit-I
Introduction: State control over import and export of goods - from rigidity to liberalisation, Impact of regulation on economy
The Basic Needs of Export and Import Trade: Goods, Service, Transportation.
General Law on Control of Imports and Exports: Legislative control, Power of control: Central government and RBI, Foreign Trade Development and Regulation Act 1992, Restrictions under customs law, Export-Import formulation: Guiding features, Control under FEMA, Foreign exchange and currency, Import of goods
Unit-II
Exim Policy : Changing Dimensions
Investment policy : NRIs, FIIs (foreign institutional investors), FDIs, Joint venture, Promotion of foreign trade, Agricultural products, Textile and cloths, Jewellery, Service sector
Law Relating to Customs: Prohibition on importation and exportation of goods, Control of smuggling activities in export-import trade, Levy of, and exemption from, customs duties, Clearance of imported goods and export goods.
Regulation on Investment: Borrowing and lending of money and foreign currency, Securities abroad - issue of, Immovable property - purchase abroad, Establishment of business outside, GDR(global depositories receipts), Investment in Indian banks, Repatriation and surrender of foreign securities
Technology transfer: Restrictive terms in technology transfer agreements, Automatic approval schemes
Suggested Readings:
Government of India, Handbook of Import Export Procedures, (Refer to the latest edition)
Government of India Import and Export Policy (2009-2014)
The Students should consult the relevant volumes of the Annual Survey of lndian Law, Published by the Indian law Institute, New Delhi.
Foreign Trade Development and Regulation Act 1992 and Rules
Foreign Exchange Management Act 1999
Marine Products Export Development Authority Act 1972
Customs Manual (Latest edition)
11
LL.M. (3rd Semester)
Group -V : Business Law
Paper- II : Banking Law
Unit-I
Development of Banking
Definition and functions of Bank
The Banker, The Customer, General relationship between Banker and Customer, Special relationship as Debtor and Creditor, Special relationship of a bailee and a bailer, Special relationship as an agent and principal, Special relationship as a Trustee.
Obligation to maintain Secrecy of the Account, Garnishee order, Non-Compliance of Garnishee order, Attachment order of Income Tax Authorities, Effect of attachment order,
Right of Banker - Right of General lien, Particular lien, Right to set-off, Right of Appropriation, Right to Charge Interest, Commission etc.
Unit-II
Negotiable Instruments -
Definition, Characteristics of a Negotiable Instrument, Cheque - Definition, Essentials, Crossing of Cheque, Kinds, Protection to Paying Bank & Protection to collecting Bank, Dishonour of Cheque, Consequences of Wrongful Dishonour. Complaint for dishonour of Cheque, Procedure for filing complaint and liability for dishonour of cheque. Difference between Holder & Holder in due Course, Kinds of Endorsement.
Special Customers of a Bank -
The Minor, The Lunatic - The Drunkard - The married women - The Pardanasheen women, The illiterate persons, Joint Account Holder, Joint Hindu Family, Partnership firm, Salient features of Reserve Bank of India Act, 1934 ; Organisation, Structure and Functions of RBI
Settlement of Disputes and Adjudicatory Mechanism.
Suggested Readings :
Dr. Verma and Agarwal : Banking Law and Practice
Avtar Singh : Negotiable Instruments Acts
Negotiable Instruments Act, 1881
Reserve Bank of India Act, 1934
Malik, P.L : Negotiable Instruments Act, 1881 Ind. Ed. W/s 2003 (Annitated)
12
LL.M. (4th Semester)
Group -I : Criminal Law
Paper- I - Socio-Economic Offences
Unit-I
Concept of Socio-economic offences
Significance of Socio-economic offences
Shift in traditional rules of criminal liability
Punishment - Various punitive measures.
White Collar Crimes :
Historical Background, Definition and Concept.
Contributory Factors.
White Collar Crime relating to Hoarding, Black Marketing and Tax Evasion.
White Collar Crime distinguished from traditional crime
Remedial Measure
Prevention of Corruption Act, 1988 :
Definitions
Appointment of Special Judges
Offences and Penalities
Sanction for Prosecution.
Unit-II
Essential Commodities Act, 1955
Powers to control production, supply, distribution etc. of essential commodities
Confiscation of essential commodities
Penalities
Offences by companies
Cognizance of offences
Prosecution of Public Servants.
The Prevention of Food Adulteration Act, 1954:
Prohibition of Import of certain articles of food
Prohibition of manufacture, sale etc. of certain articles of food
Food Inspectors, their powers & position
Offences by Companies.
The Food Safety and Standards Act, 2006
Definitions
Food Safety Standard Authority of India
General Principles of food safety
Prohibition of Import of certain articles of food
Offences and Penalities.
13
Suggested Readings :
Mahesh Chandra : Socio-Economic Crimes.
S.K.Ghosh : Economic Offences.
Jaspal Singh : Socio-Economic Offences.
Walter C. Reckless : The Crime Problem
Rarold J. Vetor : Criminology and Crime
Marshall B. Clinard : Crime in Developing Countries
Baxi, Upendra : Law and Poverty
Essential Commodities Act, 1955
Prevention of Food Adulteration Act, 1954
Prevention of Corruption Act, 1988
The Food Safety and Standards Act, 2006
47th Report of Law Commission of India. Trial and Punishment
of Socio-Economic Offences.
Crime in India, Annual Report
Relevant provisions of I.P.C. and Cr.P.C.
Criminal Law Review
Report of Committee on Reforms of Criminal Justice System.
14
LL.M. ( 4th Semester)
Group -I : Criminal Law
Paper- II -Administration of Criminal Justice
Unit-I
- Administration of Criminal Justice: Meaning and Purpose
- Organs of Criminal Justice System
- Attributes of fair trial of criminal case and Rights of the accused
- Congnizable and non-congnizable offences - Distinction and justification for classification
- Investigation of Criminal Cases - police officer's powers and procedure.
- Appeal, Reference and Revision
- Inherent powers of High Court
- Bail
Evidence in Criminal Proceedings :
- Relevancy of facts in Criminal Trials (Section 5-16)
- Confession
- Dying Declaration
- Examination of witnesses.
-
Unit-II
Emerging principles of Correctional justice
- Emerging trends of correctional justice
- Classification of Prisoners
- Educational, Recreational and Vocational programmes in prisons
- Prisoners and their constitutional rights
- Open Prisons.
Alternatives to custodial punishments
- Probation of offenders - policy, law and procedure.
- Parole
Recidivism
Crime prevention.
Suggested Readings :
Celia Hampton : Criminal Procedure
B.B. Mitra : On the Code of Criminal Procedure
Sohoni : Criminal Procedure Code
Field : Law of Evidence
M. Monir : Law of Evidence
Report of Committee on Reforms of Criminal Justice System, 2003
15
LL.M. (4th Semester)
Group-II : International Law
Paper-I : International Institutions-II
Unit-I
The Trusteeship Council : Trusteeship system, Composition and Voting Procedure. Functions and Powers. Evaluation of the work of the Trusteeship Council. The Secretariat, Composition, Functions of the Secretary General. Expanding role of the Secretary General.
Amendment and Revision of the United Nations Charter ; Formal Amendment Procedure. Informal Changes in the U.N. System. The Revision of the U.N. Charter. The Specialized Agencies of the U.N. : I.L.O., UNESCO, WHO.
Unit-II
Trend from Adhoc Tribunals to Permanent Institutions. Permanent Court of Arbitration : Formation, Compostion, Evaluation. Permanent Court of International Justice : Formation, Compostion, Jurisdiction, Case Studies.
The International Court of Justice : Composition, Law Applied, Jurisdiction, Case Studies.
International Criminal Court : Historical efforts for its establishment, Composition, Jurisdiction, Law applied.
Suggested Readings :
D.W. Bowett : The Law of International Institutions
Gilbert Murray : From the League to U.N.
Goodrich & Hambro : The Charter of the United Nations.
Potner Pitman : Introduction to the Study of International Organisation
B.N. Mahrish : International Labour Organisation and its impact on India
Stephen S. Goodspeed : Nature and Functions of International Organisation.
The American Journal of International Law
The Indian Journal of International Law.
16
LL.M. (4th Semester)
Group-II : International Law
Paper-II : International Protection of Human Rights-II
Unit-I
European Convention for the Protection of Human Rights, 1950. American Convention for the Protection of Human Rights, 1969. Convention on Suppression and Punishment of Apartheid, 1973.
African Charter on Human and Peoples' Rights, 1981. Protection of Human Rights in Armed Conflicts, Protection of Human Rights and International Non-Governmental Organisations.
Unit-II
Convention on the Elimination of all forms of Discrimination against Women, 1981.
Convention for the Suppression of the Traffic in persons and of the exploitation of the Prostitution of others, 1949. Declaration on Fundamental Principles concerning the contribution of Mass Media to strengthening peace and international understanding to the promotion of Human Rights and to countering Racialism, Apartheid and Incitement to War, 1978.
Judicial Protection of Human Rights in India, National Human Rights Commission Act, 1993.
Evaluation of International and National Measures for protection of Human Rights.
Suggested Readings :
Ian Brownile : Basic Documents on Human Rights
H. Lauterpacht : International Law and Human Rights
Moses Moskowitz : Human Rights and World Order
Karel Vasak and : The International Dimensions of Human Rights
Philip Aliston (Eds.)
Paul Sieghart : The International Law of Human Right
N.C. Hingorani : Human Rights in India
G.S. Bajwa : Human Rights in India : Implementation and Violations
H.C. Agarwal : Implementation of Human Rights Covernants
Pereed Kazami : Human Rights - Myth and Reality
American Journal of Internation Law
Indian Journal of International Law.
17
LL.M. (4th Semester)
Group-III - Constitutional Law
Paper- I : American Constitutional Law
Unit-I
Features of the American Political Traditions, Colonial Rule, Declaration of Independence, Establishment of Confederation, Framing of the present Federal Constitution, Growth of the Constitution, Tradition of Federalism, American Imperialist.
Salient Features of the American Constitution, The status of the State in the American Federal System. The Bill of Rights, Nature of Rights, Rights of Citizens, Separation of powers and principle of Checks and Balances.
Unit-II
The President of USA - Election and procedure of President and Vice President, Constitutional position, powers and functions, Cabinet of the President, Vice President of USA.
House of Representatives (The Congress) its special powers and functions, Senate of USA, Supreme Court of American and power of Judicial Review, Amendment of the American Constitution.
Suggested Readings :
Mason & Beavey : American Constitutional Law
Kelly, Harbismt Belg : The American Constitution
Schwards : American Constitutional Law
Willoming : The Constitutional Law of USA
Vishnoo Bhagwan : World Constitution
& Vidya Bhushan
18
LL.M. (4th Semester)
Group- III : Constitutional Law
Paper- II - Indian Constitution and Environment
Unit-I
Environment Protection :
Historical Perspectives
Genesis of the Problem
Religious and Cultural Heritage in India
International Regime
Constitutional Commitments to protection Environment :
Preamble
Right to life and Right to live in healthy Environment (Article 21)
Right to livelihood (Article 21)
Fundamental Freedom of Speech and Expression, Right to know (Article 19(1)a )
Right to carry on Trade or Business (Article 19 (1)g)
Right to Equality (Article 14)
Freedom of Conscience and free Profession, Practice and Propagation of religion (Article 25)
Unit-II
Environmental Protection :
Constitutional Duties on State (Articles 37, 39(e), 47, 48-A)
Fundamental Duties on every citizen and its scope (Articles 51-A,(g) & (J))
Federal Structure & Division of Legislative Authority
Constitutional Remedies through Writs Jurisduction (Articles 32, 136 & 226)
Role of Judiciary and Environmental Jurisprudence
Role of Public Participation and N.G.O's and Environment
Liability to pay compensation in certain cases
Environment and sustainable development
Sustainable Development and Judiciary
Sustainable Development and International Documents.
Suggested Readings :
Upendra Baxi : Environment Protection Act : An Agenda 1987
Krishna Iyer (J) : Environmental Pollution and the Law
J.G. Radha Krishan Rao : Pollution and Environment
Paras Diwan (Ed.): Environmental Protection -Problems, Policy Administrative Law 1987
P. Leela Krishnan (Ed.) : Law and Environment 1992
Jaswal & Jaswal : Environmental Law, 2009
Stockholm Declaration 1972
Rio Declaration on Environment & Development 1992
Johannesburg Declaration on Sustainable Development 2002.
19
LL.M. (4th Semester)
Group - IV : Family Law
Paper- I - Problems of Family in Contemporary Indian Society
Unit-I
Dowry Prohibition Act, 1961 : Definition of Dowry, Distinction between Dowry and Dower, Dowry offenders. Transfer of Dowry to the bride, Dowry offences, Trial of Dowry offenders. Authorities under Dowry Prohibition Act, 1961. Punishment under the Act.
Dowry death, Dowry and criminal breach of trust. Husband or relative of husband of a women subjecting her to cruelty, Evidence in Dowry offences.
Unit-II
Infanticide, Female-foeticide, The Pre-conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, Bigamy, Homo-Sexuality.
The Commission of Sati (Prevention) Act, 1987. Definitions, Punishment for offences relating to Sati. Power to prevent offences relating to Sati. Special Courts. Burden of Proof. Disqualifications. The Prohibition of Child Marriage Act, 2006.
The Protection of Women from Domestic Violence Act, 2005.
Suggested Reading :
R. Dayal : Law Relating to Dowry
Aiyar & Tripathi : Dowry Prohibition Act
V.K. Upadhay : Dowry Death
Paras Diwan : Dowry and Protection to the Married Women
Bhatnagar's : Dowry Prohibition Act
Manjula Batra : Women and Law
H.S. Gaur : Penal Law of India
I.K. Magoo : Law Relating to Sexual Offences and Homosexuality in India.
The Protection of Women from Domestic Violence Act, 2005.
20
LL.M. (4th Semester)
Group - IV : Family Law
Paper- II - Practice and Procedure Under Personal Laws
Unit-I
Family Courts Act, 1984 : Concept of Family Court, Status of Family Court. Jurisdiction of Family Court. Procedure of Family Court. Proceedings in Camera. Exclusion of lawyers. Reconciliation.
Petition/Application for Matrimonial Reliefs under Personal Laws. Jurisdiction. Forum of Petition. Contents of Petitions. Verification. Ex-parte decree. Setting aside ex-parte decree, Execution of decree.
Unit-II
Matrimonal Bars under Personal Laws : Doctrine of Proof. Taking advantage of one's own wrong or disability. Accessory, Connivance, Condonation, Collusion, Delay etc.
Applicability of Provisions of Code of Civil Procedure. Order XXXII-A (Reconcillation Proceeding). Powers to transfer petition in certain cases. Special provisions relating to trial and disposal of petitions. Appeals from Decrees.
Suggested Readings :
Paras Diwan : Modern Hindu Law
H.K. Saharay : Law of Marriage and Divorce
A.N. Saha : Marriage and Divorce
Paras Diwan : Law of Marriage and Divorce in India
R.C. Nagpal : Modern Hindu Law
G.M. Divekar : Hindu Law
D.K. Tiwari : Family Courts Act.
21
LL,M. (4th Semester)
Group - V : Business Law
Paper - I : Insurance Law
Unit-I
Introduction: Origin and History of Insurance, Functions and Benefits of Insurance, Various Kinds of Insurance
Insurance Contracts: Definition, Nature, Classification and Formation
General Principles of Law of Insurance: Principle of Utmost good faith, Insurable interest, Indemnity, Subrogation and Contribution, Risk, Assignment of Insurance Policy, Double Insurance and Reinsurance.
Indian Insurance Law: History and Development, The Insurance Act, 1938: Salient Features, Insurance Regulatory and Development Authority Act, 1999: Establishment, Composition, Duties, Powers and Functions
Life Insurance: Nature and Scope, Event insured against Life Insurance Contract, Circumstances affecting the risk, Amounts recoverable under Life Policy, Persons entitled to payment, Settlement of claim and payment of money.
Unit-II
Fire Insurance: Definition, Fire Insurance Contract: Definition, Characteristics, Insurable Interest, Non-Disclosure and Misrepresentation
Fire Perils and Policies: Standard Fire Policy, Meaning of 'Fire' in Policy and Fire loss, Perils Insured against, Incidental Losses, Consequential Losses, and Excluded Perils.
Fire Claims and Amount recoverable by the Assured
Special Doctrines: Doctrine of Proximate Cause, Doctrine of Reinstatement, Doctrine of Subrogation, Doctrine of Double Insurance, Doctrine of Contribution, Doctrine of Average
Liability Insurance: Nature and Kinds of Liability Insurance
Motor Vehicle Insurance: Nature and Scope, Property Accident Aspect, Personal Accident Aspect, Knock for Knock Agreements, No fault Liability
Third Party or Compulsory Insurance of Motor Vehicles: Nature and Scope, Effect of Insolvency or Death on claim, Certificate of Insurance, 'Hit and Run' Motor Accident
Claims Tribunal: Constitution, Functions, Application for Compensation, Procedure and Powers of the Claims Tribunal, Award of the Claims Tribunal.
Suggested Readings:
John Hanson and Christopals Henly, All Risks Property Insurance (1999), LLP Asia, Hongkong.
Peter Mac Donald Eggers and Patric Foss, Good Faith and Insurance Contracts (1998) LLP Asia, Hongkong
Banerjee, Law of Insurance (1994), Asia Law House, Hyderabad.
22
JCB Gilmar and Mustill, Arnold on the Law of Marine Insurance, (1981), Sweet & Maxwell
Birds, Modern Insurance Law (1997) Sweet & Maxwell
Colinvaux's Law of Insurance (1997), Sweet & Maxwell
O'Mary on Marine Insurance (1993), Sweet & Maxwell.
International Labour Office, Administration Practice of social Insurance (1985)
E.R. Hardy Ivamy, General Principles of insurance Law (1979)
Edwin W. Patterson, Cases and Materials on Law of insurance (1955)
M. N. Sreenivasan Law and the Life Insurance Contract (1914)
23
LL.M. (4th Semester)
Group - V : Business Law
Paper - II - Corporate Finance
Unit-I
Corporate Finance: Meaning and Importance of Corporate Finance, Scope of Corporate Finance-Profit Maximization -Wealth Maximization
Share Capital: Meaning of Capital, Share and Share Capital, Kinds of Share Capital, Alteration of Capital, Reduction of Capital, Further Issue of Capital
Issue and Allotment of Shares: Public Issues-Concept, Information Disclosure - Prospectus, Private Placement of Shares-Statement in Lien of Prospectus, Procedure of Allotment of Shares.
Debentures: Meaning and Features of Debentures, Kinds of Debentures, Debenture Trust Deed, Appointment of debenture trustees and their duties, Remedies of Debenture holders, Share holder compared with Debenture holder
Borrowing Powers: Power to borrow, Statutory limits on borrowing powers, Regular borrowings and its consequences
Mortgage and Charges: Fixed Charge, Floating Charge, Characteristics of Floating Charge, Subsequent Mortgages or Charges, Statutory restrictions, Crystallization of floating charge, Effect of winding up on floating charge, Priority of charges, Registration of charges.
Unit-II
Raising of Funds by Public Deposits: Provisions regarding Invitation of deposits, Acceptance and repayment of deposits, Protection to small depositors
Conservation of Corporate finance: Control on the payment of dividends, Managerial remuneration, Payment of Commission and brokerage, Buy back of Shares, Inter Corporate Loans and Investments
Protection of Investors: Individual Share holder right, Right to information, Inspection and investigation, Conversion, Consolidation and re-orgainsation of shares, Transfer and Transmission of securities, Dematerialisation of Securities.
Corporate Fund Raising: Depositories, Depository Receipts, Global Depository Receipts
Public Financial Institutions: Industrial Development Bank of India (IDBI), The Industrial Credit and Investment Corporation of India (ICICI), The Industrial Finance Corporation of India (IFCI), State Financial Corporation (SFC)
Administrative regulation on Corporate Finance: The SEBI (Securities and Exchange
Board of India)- Objective and it's Guidelines, Control of Central Govt., Control of Reserve Bank of India, Control by Registrar of Companies.
24
Suggested Readings
Alastair Hundson, The Law on Financial Derivatives (1998), Sweet & Maxwell
Eil's Ferran, Company Law and Corporate Finance (1999), Oxford.
Jonathan Charkham, Fair shares: the Future of Shareholder Power and Responsibility (1999),
Oxford.
Ramaiya A, Guide to the Companies Act (1998), Vol. I, II and III.
H.A.J. Ford and A.P. Austen, Fords' principle of Corporations Law (1999) Butterworths.
J.H. Farrar and B.M. Hanniyan, Farrar's company Law (1998) Butterworths
Austen R.P., The Law of Public Company Finance (1986) LBC
R.M. Goode, Legal Problems of Credit and Security (1988) Sweet and Maxwell
Altman and Subrahmanyan, Recent Advnces in Corporate Finance (1985) LBC
Gilbert Harold, Corporation Finance (1956)
Maryin M. Kristein, Corporate Finance (1975)
R.C. Osborn, Corporation Finance (1959)
S.C. Kuchhal Corporation finance : Principles and Problems (6th ed. 1966)
V.G. Kulkami, Corporate Finance (1961)
Y.D. Kulshreshta, Government Regulation of Financial management of Private Corporate Sector in India (1986)
Journals - Journal of Indian Law Institute, Journal of Business Law, Chartered Secretary, Company Law Journal, Law and Contemporary Problems.
Statutory Materials - Companies Act and laws relating SEBI, depositories, industrial financing and information technology.
25
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