Syllabus

 SYLLABUS

For LL.B. 3yrs Degree Course – 60:40 Pattern

***Distribution of marks (for Act/Topic etc) is referred from Old 100 marks pattern but to be divided proportionately as per the new 60:40 pattern

TYLLB SEMESTER – VI

Compulsory Subjects

1. Alternate Dispute Resolution System
2. Law of Evidence
3. DPC – III

Optional Subjects (Choose any 2 out of 6)

1. Banking Laws & Negotiable Instruments Act
2. Law of Insurance
3. Intellectual Property Law
4. Conflict of Laws
5. Law relating to Women & Children
6. Law & Medicine

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Detailed Syllabus:

Compulsory Subjects

[1] ALTERNATE DISPUTE RESOLUTION SYSTEM

(1) Arbitration – meaning, scope & types

1. Distinctions

2. 1940 law & 1996 law – UNCITRAL model law

3. Arbitration & Conciliation

4. Arbitration & expert determination

5. Extent of judicial intervention

6. International commercial arbitration

(2) Arbitration agreement

1. Essentials

2. Kinds

3. Who can enter into arbitration agreement?

4. Validity

5. Reference to arbitration

6. Interim measures by court

(3) Arbitration Tribunal

1. Appointment

2. Challenge

3. Jurisdiction of arbitral tribunal

4. Powers

5. Grounds of challenge

6. Procedure

7. Court assistance

(4) Award

1. Rules of guidance

2. Form & content

3. Correction & interpretation

4. Grounds of setting aside an award

5. Can misconduct be a ground?

6. Incapacity of a party, invalidity of arbitration agreement

7. Want of proper notice & hearing

8. Beyond the scope of reference

9. Contravention of composition & procedure

10. Breach of confidentiality

11. Impartiality of the arbitrator

12. Bar of limitation, res judicata

13. Consent of parties

14. Enforcement

(5) Appeal & revision

1. Enforcement of foreign awards

2. New York convention awards

3. Geneva Convention awards

(6) Conciliation

1. Distinction between ‘Conciliation’, ‘Negotiation’, ‘mediation’ & ‘arbitration’

2. Appointment ; Statements to conciliator

3. Interaction between conciliator & parties ; Communication

4. Duty of parties to cooperate

5. Suggestions by parties

6. Confidentiality

7. Resort to judicial proceedings

8. Costs

(7) Rule-making power

1. High Court

2. Central Government

3. Legal Service Authorities Act; Scope

(8) Lok Adalats

[2] LAW OF EVIDENCE

 Indian Evidence Act 1872

[3] DPC – III

1. Caveat

2. Legal Notice – Recovery of money for goods supplied

3. Legal Notice – Winding up under Companies Act, 1956

4. Legal Notice – Section 138 of Negotiable Instruments Act

5. Legal Notice for defective goods

6. Plaint

7. Notice of Motion & Affidavit in support thereof

8. Chamber Summons & Affidavit in support thereof

9. Written Statement

10. Appeal

11. Writ Petition – Article 226

12. Winding Up Petition

13. Summary Suit

14. Testamentary Petition for Succession Certificate

15. Complaint for dishonour of cheque

16. Consumer Complaint

17. Bail Application

18. Anticipatory Bail Application

19. Petition for Divorce by Mutual Consent

Optional Subjects (Choose any 2 out of 4)

[I] BANKING LAWS & NEGOTIABLE INSTRUMENTS ACT

(1) Reserve Bank of India Act, 1934 }

(2) Banking Regulation Act, 1944 } 50 Marks

(3) Bankers’ Book of Evidence Act, 1891 }

 Recovery of Debts Due to Banks & Financial Institutions Act, 1993

 Establishment of debt recovery tribunals – constitution & functioning

 Role of SEBI in Controlling Financial Institutions

(4) Negotiable Instruments Act 1881 – 50 Marks

[II] LAW OF INSURANCE

(1) Introduction

1. Definition, nature & history of insurance

2. Concept of Insurance & law of contract & law of torts; future of insurance in globalized economy

3. History & development of insurance in India

4. Insurance Regulatory Authority – role & functions

(2) General Principles of Law of Insurance

1. Contract of insurance – classification of contract of insurance, nature of various insurance contracts, parties thereto

2. Principle of good faith-non-disclosure-misrepresentation in insurance contract

3. Insurable interest

4. The risk

5. The policy – classification of policies-its form & contents, its commencement, duration, cancellation, alteration, rectification, renewal, assignment, construction

6. Conditions of the policy

7. Alteration of the risk

8. Assignment of the subject matter

(3) Life Insurance

1. Nature & scope of life insurance, definition, kinds of life insurance, the policy & formation of a life insurance contract

2. Event insured against life insurance contract

3. Circumstances affecting the risk

4. Amounts recoverable under life policy

5. Persons entitled to payment

6. Settlement of claim & payment of money

(4) Marine Insurance

1. Nature & scope

2. Classification of marine policies

3. The Marine Insurance Act 1963

4. Insurable interest, insurable value

5. Marine insurance policy – conditions – express warranties construction of terms of policy

6. Voyage – deviation

7. Perils of the sea

8. Partial loss of ship & of freight, salvage general average, particular charges

9. Measure of indemnity, total valuation, liability to third parties

(5) Fire Insurance

(6) Insurance Against Third Party Risks

1. The Motor Vehicles Act, 1988 (Chapter VIII)

2. Nature & scope, persons governed, definitions of ‘use’, ‘drives’, ‘motor vehicle’, requirements of policy, statutory contract between insurer & drive rights of third parties, limitations of third party’s rights, duty to inform third party

3. Claims tribunal, constitution, functions, application for compensation – who can apply? – Procedure & powers of claims tribunal-its award

(7) Social Insurance in India

1. Important elements in social insurance, its need

2. Commercial insurance & social insurance

3. Sickness insurance, Adarkar scheme, Stack & Rao scheme for wage earners & others, risks covered, maturity & other benefits

4. Old age, premature death & invalidity insurance or pension insurance, public provident fund, Jeevandhara policy

5. Unemployment insurance

6. Social insurance for people like seamen, circus workers & agricultural workers

(8) Public Liability Insurance

1. The scheme

2. Authorities

3. The emerging legislative trends

[III] INTELLECTUAL PROPERTY LAW

(1) Introduction

1. The meaning of Intellectual property

2. Competing rationales of the legal regimes for the protection of intellectual property

3. The main forms of intellectual property: copyright, trademarks, patents, designs

4. The competing rationales for protection of rights in:

 Copyright

 Trademarks

 Patents

 Designs

 Trade secrets

 Other new forms such as plant varieties & geographical indications

5. Introduction to the leading international instruments concerning intellectual property rights: the Berne Convention, Rome Convert Universal Copyright Convention, TRIPs Paris Convention

6. International Organization relating to IPRS – WIPO, WTO

(2) Select aspects of the law of Copyright in India

1. Historical evolution of the Copyright Act 1957

2. Meaning of Copyright

3. Copyright in literary, dramatic & musical works

4. Copyright in sound records & cinematographic films

5. Copyright in computer programmes

6. Ownership of copyright

7. Assignment of copyright

8. Author’s special rights

9. Notion of infringement

10. Criteria of infringement

11. Infringement of copyright by films of literary & dramatic works

12. Importation & infringement

13. Fair use provisions

14. Piracy in internet

15. Aspects of copyright justice

16. Remedies, especially, the possibility of Anton pillar injunctive relief in India

(3) Intellectual Property in Trade Marks

1. The rationale of protection of Trade marks as (a) an aspect of commercial & (b) of consumer rights

2. Definition & concept of Trade marks

3. Registration

4. Distinction between Trade mark & property mark

5. The doctrine of honest Current User

6. The doctrine of deceptive similarity

7. Protection of well-known marks

8. Passing off & infringement

9. Criteria of infringement

10. Standards of proof in passing off action

11. Remedies

(4) Patents

1. Patent Act 1970

2. Concept of Patent

3. Historical view of patents law in India

4. Patentable inventions with special reference to biotechnology products entailing creation of new forms of life

5. Patent protection for computer programmes

6. Process of obtaining a patent: application, examination, opposition & sealing of patents: general introduction

7. Procedure for filing patents: Patent Co-operation Treaty

8. Some grounds for Opposition

9. The problem of limited locus standi to oppose, especially in relation to inventions having potential of ecological & mass disasters

10. Wrongfully obtaining the invention

11. Prior publication or anticipation

12. Obviousness & the lack of inventive step

13. Insufficient description

14. Rights & obligations of a patentee

15. Patents as chose in action

16. Duration of patents; law & policy considerations

17. Use & exercise rights

18. Right to secrecy

19. The notion of ‘abuse’ of patent rights

20. Compulsory license

21. Remedies

22. Infringement

23. Criteria of infringement

24. Onus of proof

25. Modes of Infringement; the Doctrine of Colourable Variation

26. Defences in suits of Infringement

27. Injunctions & related remedies

[IV] CONFLICT OF LAWS

(1) Introduction

1. What & why of conflict of laws – its function, bases like comity, convenience & justice

2. Difference between Public & Private International law

3. Development & history in England & India – a comparative sketch with reference to USA & other countries.

4. Modern theories

5. Statutory, territorial, international, local law & justice

6. Stage in a Private International law case

7. Choice of Jurisdiction

8. Choice of law (lex cause)

9. Recognition & enforcement of foreign judgments / awards

(2) Choice of Jurisdiction (First stage)

1. Meaning, bases of jurisdiction, limitations like effectiveness principles – Relevant C.P.C. provisions regarding jurisdiction – Sections 15-20, 83, 84, & 86

2. Kinds of jurisdiction

3. Actions in personam – contract & tort

4. Actions in rem – such as matrimonial causes & probate

5. Admiralty action – Section 6 the Admiralty Courts Act

6. Actions under assumed discretionary jurisdiction (inherent jurisdiction) (Indian Context – Sections 10 & 151 of C.P.C.

(3) Choice of Law-Lex Causae (Second Stage)

1. Classification / characterization / categorization – allocation of juridical category to the foreign element case

2. Necessity for classification – different legal concepts with different content – matters like domicile, talaq & dower in different legal systems

3. Various theories – leading cases

4. Connecting factor – what is connection factor : lex fori to determine

5. Selection of lex causae through connecting factor

6. Application of lex causae – three meanings of Lex Causae – Renvoi: partial & total (Foreign court theory) – critical analysis of Renvoi – Indian position

(4) Limitations on application or exclusion of foreign law

 When foreign law is excluded: grounds – Public Policy, Revenue Laws & Penal Law

(5) Concept of Domicile

1. General principles / fundamental Principles

2. Elements – intention & residence

3. Kinds

4. Domicile of Origin

5. Domicile of Choice

6. Domicile of dependence: married women’s position in English & Indian laws

7. Domicile of corporation

(6) Status

1. What is Status?

2. Incidents

3. What law governs status

4. Universality of status

(7) Marriage

1. Marriage as a contract & also status how different from other contracts (social personal contract)

2. Kinds of Marriage

3. How in India, marriage as a concept moved from partially polygamous towards monogamous type & total sacrament to secularization to some extent

4. Questions of format & essential validity

5. Formal validity by lex loci celebrations

6. Essential / material / intrinsic validity

7. Capacity to marriage

8. Consent

9. Not within prohibited degrees

10. Not previously married

11. Physical incapacity

12. Of proper age

13. Essential validity usually governed by lex domicili

14. English cases

15. Indian position clarified in cases

(8) Matrimonial Causes

1. Concept of matrimonial cause (Relief) – English & Indian positions

2. Available Reliefs

3. Divorce, Nullity, judicial separation

4. Restitution of Conjugal Rights (in English law)

5. Restitution of Conjugal Rights has no place now

6. Choice of Jurisdiction & Choice of Law to be examined

(9) Legitimacy & Legitimation

1. What is legitimacy

2. What law governs legitimacy

3. Validity of marriage

4. Legitimation

5. What it is

6. How affected

7. Legitimation & Succession

(10) Adoption

1. Purpose of adoption

2. Common law

3. Indian law

4. Hindu law

5. Recognition of foreign adoption

(11) Custody & Guardianship

1. Purpose 2. Adoption & succession

(12) Contracts

1. Contract – a leading relationship in private international law system

2. Validity of contracts

3. Capacity to contract – Main four theories Lex Loci, Lex Domicilii, Lex situs & proper law

4. Formal validity – lex loci contractus governs

5. Essential validity – proper law is usually accepted as governing

6. Discharge of contract – Lex loci solutions governing

7. Doctrine of “proper law” of contract subjective & objective Theories

(13) Torts

1. Traditional theories

2. Ideas of tort of recent importance in private International Law such as drugs, environments, transport & satellite communication

(14) Recognition & Enforcement of Foreign Judgments

1. Need recognizing foreign judgments

2. Limitations in recognising & enforcement

3. Sections 13,14 & 444 of C.P.C. & S.41 of the Indian Evidence Act

[V] LAW RELATING TO WOMEN & CHILDREN

(1) International concerns & conventions (specify)

(2) Women in India

1. Pre-Independence period

2. Social & legal inequality

3. Social Reform Movement in India

4. Karachi Congress – Fundamental Rights Resolution, Equality of Sexes

(3) Women in post-Independence India

1. Preamble-Constitution-equality provisions in Fundamental Rights, Directive Principles of State Policy

2. Personal laws – unequal position of women

3. Uniform Civil Code towards gender justice

(4) Sex Inequality in Inheritance Rights

1. Feudal institution of joint family – women’s inheritance position

2. Hindu Law

3. Muslim Law

4. Matrimonial property

5. Movement towards Uniform Civil Code

(5) Guardianship

1. Right of women to adopt a child

2. Problems of women guardian

(6) Divorce

1. Indian Divorce Act 2. Christian Law 3. Muslim Law

(7) Criminal Law

1. Adultery 2. Rape

(8) Social Legislation

 Laws relating to Dowry, A moral traffic, Female Foeticide, Sati, A moral representation etc.

(9) Women & Employment

1. Labour force

2. Protective Laws

3. Exploitation & harassment in workplaces

(10) Protection & enforcement agencies

1. Courts ; Family Courts

2. Commission for women

3. NGOs

(11) Social Constitutional & International Legal Status of Child

1. Magnitude of the problem

2. Special status of child – national policies

3. Constitutional concern – Article 15(3), Article 24 & Article 45

4. International concern & endeavour for the welfare of the children

5. Minimum Age conventions

6. Child rights conventions

7. U.N. Declaration of the rights of the child, 1924, 1959

(12) Problems of conception, birth & nourishment & health of the child

1. Legal status of child in work

2. Tortious liability against injuries to unborn children

3. Coparcenary & property rights of the unborn children

4. Law relating to maternity benefit & relief

5. Lack of legal protection of children of impoverished parentage

(13) State responsibility for the education of children

1. Evaluation of the efforts of the State towards the provision of education to children

2. Pre-primary & nursery education – elementary education

3. Contributions by International Organizations for elementary education – UNESCO, UNICEF

(14) Legal Control of Child Labour

1. Regulation of the employment ; protection of the health & well-being

2. International conventions & recommendations of the ILO

3. Recommendations of the National Commission of Labour

4. Legislation relating to factories, plantation labour, mines, merchant shipping, motor-transport workers, apprentices, shop & establishments & child labour

(15) Family Relations & Child

1. Status of child in matters of marriage, legitimacy, guardianship, adoption, maintenance & custody.

2. Provisions in statutes relating to Hindu marriages, restraint on child marriage, guardians & wards, Hindu minority & guardianship, Hindu adoptions & maintenance & in Indian Evidence Act 1872

(16) Child & Contractual Liability

1. Minors Agreements

2. Testimony of children

3. Suits by & against minors

(17) Child & Criminal Liability

1. Crimes committed by child; crimes committed by others in relation to children

2. Implementation of social policy through criminal sanctions in relation to child

3. Variation of procedure in case of child offender

4. Judicial proceedings in criminal cases relating to children

5. Statutory provisions – Sec.82, 83, 299 Exp. 3, 363A, 372 & 376 IPC ; Suppression of Immoral Traffic Act 1956 (SITA); penal provisions contained in Child Marriage Restraint Act 1929, amended 1978; Young Persons Harmful Publications Act 1956 ; The Children Act 1960 ; Sec.27 of the Cr.P.C.; Reformatory Schools Act 1897; Juvenile Delinquency Act

(18) Law & Offences Against Child

1. Protection of neglected children

2. Institutions for the protection of neglected children

3. Juvenile Justice Act 2000

4. Juvenile delinquency; law & offences against child

5. Contribution by parents; licensing

6. Protection of girls from immoral traffic

7. Prevention of vagrancy & beggary

(19) Discrimination Against Female Children

1. Amniocentesis

2. Deferred infanticide through based nutritional discrimination

3. Termination of pregnancy

[VI] LAW & MEDICINE

1. Right to Health under the Constitution of India

2. The varieties of Medical Professions in India

3. Self-Regulation through Codes of Conduct

4. The Doctrine of “Informed Consent”

5. Experimentation on Foetuses & Children

6. Experimentation on People in Custody, including Psychiatric Custody

7. The Doctors – Patient Relationship

8. Confidentiality & Privilege

9. Patient’s right of full disclosure of course of therapy including side effects of drugs

10. Medical Malpractice

11. Medical Profession & the Consumer Protection Act.

12. Law Relating to Medico-Legal Cases, with special reference to:

13. Road Accidents

14. Sexual Assaults

15. Mass Disaster (e.g. Bhopal)

16. Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954 (Sections 1 to 6 only)

17. The Transplantation of Human Organs Act, 1994 (Sections 1 to 12 only)

18. Prenatal Diagnostic Techniques (Regulations & Prevention of Misuse) Act,1954 (S.1 to 6 only)

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