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FACULTY OF LAWS SYLLABUS FOR LLM (Under Credit Based Continuous Evaluation Grading System) (SEMESTER: I II) (FOR NEW ADMISSION) LLM (Hons.) (Under Credit Based Continuous Evaluation Grading System) (SEMESTER: III IV) (FOR OLD ADMISSION) SESSION: 2015-16 ________________________________________________________________________ GURU NANAK DEV UNIVERSITY AMRITSAR ________________________________________________________________________ Note: (i) Copy rights are reserved. Nobody is allowed to print it in any form. Defaulters will be prosecuted. (ii) Subject to change in the syllabi at any time. Please visit the University website time to time.

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Page 1: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

FACULTY OF LAWS

SYLLABUS

FOR

LLM (Under Credit Based Continuous Evaluation Grading System)

(SEMESTER: I –II)

(FOR NEW ADMISSION)

LLM (Hons.) (Under Credit Based Continuous Evaluation Grading System)

(SEMESTER: III –IV)

(FOR OLD ADMISSION)

SESSION: 2015-16

________________________________________________________________________

GURU NANAK DEV UNIVERSITY

AMRITSAR ________________________________________________________________________

Note: (i) Copy rights are reserved.

Nobody is allowed to print it in any form.

Defaulters will be prosecuted.

(ii) Subject to change in the syllabi at any time.

Please visit the University website time to time.

Page 2: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER SYSTEM

(Under Credit Based Continuous Evaluation Grading System)

(FOR NEW ADMISSION)

1

SCHEME FOR LL.M.

Semester I

Course No. Title of the Course Credits Total

Credits L T P

LAL751 Jurisprudence-I 3 0 0 3

LAL752 Constitutional Law of India-I 3 0 0 3

LAL753 Principles and Methods of Legislation

and Interpretation of Statutes

3 0 0 3

LAL754 Human Rights 3 0 0 3

Total Credits 12 0 0 12

Page 3: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER SYSTEM

(Under Credit Based Continuous Evaluation Grading System)

(FOR NEW ADMISSION)

2

SCHEME FOR LL.M.

Semester II

LAL755 Jurisprudence-II (Law and Social

Transformation)

3 0 0 3

LAL756 Constitutional Law of India-II

3 0 0 3

LAL757 Law, Science and Technology 3 0 0 3

LAL758 Comparative Personal Laws 3 0 0 3

Total Credits 12 0 0 12

Page 4: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

3

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER SYSTEM (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

SCHEME FOR LL.M. (HONS.)

Semester – III

LAL851 Research Methodology 5 2 0 7

LAL852 Environment Protection Law-

International Perspective

5 0 0 5

Any TWO groups from LAL853 to

LAL857 of the following:

CRIMINAL LAW GROUP

LAL853 General Principles of Criminal Law

5 0 0 5

CONSUMER PROTECTION LAW

AND POLICY GROUP

LAL854 Consumer Protection: International

Perspective

5 0 0 5

LABOUR LAW GROUP

LAL855 Labour Jurisprudence and

International Labour Standards

5 0 0 5

INTERNATIONAL LAW GROUP

LAL856 General Principles of Public

International Law

5 0 0 5

BUSINESS LAW GROUP

LAL857 Law of Industrial and Business

Management

5 0 0 5

Interdisciplinary Courses

To be offered from the outside

Department

4 0 0 4

Total Credits: 24 2 0 26

Page 5: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER SYSTEM (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

4

SCHEME FOR LL.M. (HONS.)

Semester – IV

Any ONE group (two papers) out of

three groups already taken in Third

Semester (from LAL858 to LAL875)

CONSTITUTIONAL LAW GROUP

LAL858 Administrative Law

5 0 0 5

LAL859 Federalism 5 0 0 5

CRIMINAL LAW GROUP

LAL860 Criminal Jurisprudence and Social

Defences

5 0 0 5

LAL861 Administration of Criminal Justice

5 0 0 5

FAMILY LAW GROUP

LAL862 Law of Adoption and Guardianship 5 0 0 5

LAL863 Law of Succession and Inheritance 5 0 0 5

CONSUMER PROTECTION LAW

AND POLICY GROUP

LAL864 Consumer Protection: National

Perspective

5 0 0 5

LAL865 Consumer Protection Act and

Competition Law

5 0 0 5

ENVIRONMENT LAW GROUP

LAL866 Environment Protection Law-

National Perspective

5 0 0 5

LAL867 Environment and Development- Law

and Policy

5 0 0 5

LABOUR LAW GROUP

LAL868 Industrial Relations Legislation 5 0 0 5

LAL869 Labour Welfare and Social Security

Legislation

5 0 0 5

INTERNATIONAL LAW GROUP

LAL870 International Organizations 5 0 0 5

LAL871 Emerging Trends in International Law

5 0 0 5

Page 6: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER SYSTEM (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

5

BUSINESS LAW GROUP

LAL872 Law of Corporate Management

5 0 0 5

LAL873 Trade Law 5 0 0 5

LAD874 Dissertation & Viva-Voce 0 0 10 10

Interdisciplinary Courses

LAL875 To be offered from the outside

Department

4 0 0 4

Total Credits: 14 0 10 24

Page 7: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

6

LL.M. (TWO YEARS COURSE) SEMESTER – I

(Under Credit Based Continuous Evaluation Grading System)

LAL751 JURISPRUDENCE – I

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I 1. Nature of Jurisprudence

2. Concept of 'Legal Theory' and 'Jurisprudence'

3. Concept and Philosophy of Law

4. Physical, Social, Religious and Legal Order

5. Natural Law and its Re-emergence

MINOR II

1. Historical and Anthropological Jurisprudence

2. Analytical School

3. Pure Theory of Law, Criticism of Pure Theory and Implications of the Theory

MAJOR (Including Minor I & Minor II)

1. Sociological Jurisprudence and Sociology of Law

2. American and Scandanavian Jurisprudence

3. Judicial Activism

Suggested Readings:

R.W.N. Dass: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi, 1994

G.W. Paton: A Text Book of Jurisprudence

Karl N Liewellyn: Jurisprudence Realism in Theory and Practice

W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967

Page 8: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER -I

(Under Credit Based Continuous Evaluation Grading System)

7

LAL752 CONSTITUTIONAL LAW OF INDIA - I

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Preamble

Citizenship

Fundamental Rights

Fundamental Duties

MINOR II

Directive Principles of State Policy

Union Executive and State Executive

Union Legislature and State Legislature

MAJOR (Including Minor I & Minor II)

Union Judicial and State Judiciary

Comptroller and Auditor General

Services under the Union and States

Amendment of the Constitution

Suggested Readings:

M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.

Page 9: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER -I

(Under Credit Based Continuous Evaluation Grading System)

8

LAL753 PRINCIPLES AND METHODS OF LEGISLATION

AND INTERPRETATION OF STATUTES

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated) MINOR I: 20

MINOR II: 20

Major Max. Marks: 50 Quiz/Viva: 10

MINOR I

-Principles and Methods of Legislation

-The Process of Drafting

- Different Parts of Statutes

- Commencement, Repeal and Revival of Statutes

-Enabling, Consolidating and Codifying Statutes

-Doctrine of Repugnancy

-Power Conferred with specified Purpose

-Inference from Negative and Affirmative words.

-General Principles of Interpretation of Statutes

The Primary Rule: literal construction

Mischief Rule; Golden Rule; Harmonious Construction

Ut res magis Valeat quam Pereat

-Statutes to be read as a whole (Ex Visceribus Actus)

MINOR II

-Beneficial Construction

-Restrictive Construction

INTERNAL AIDS

Title; Preamble Definition or Interpretation Clause; Headings;

-Marginal Notes; Punctuation Marks; Illustrations; Proviso, Explanation; Schedule

-Legal fiction, non obstante clause

EXTERNAL AIDS

-Parliamentary History of the Enactment, Legislative History

-General Social Policy; Public Policy- Historical Setting

-Previous Legislation and Statutes in Pari materia

-Previous Decision

-Text Books, Dictionaries

- International Conventions

Page 10: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER -I

(Under Credit Based Continuous Evaluation Grading System)

9

MAJOR (Including Minor I & Minor II)

-Retrospective Operation of Statutes

-Doctrine of Prospective Over Ruling

SUBORDINATE PRINCIPLES OF INTERPRETATION

-Uni est Exclusio Alterius

-Generalia Specialibus Non-derogant; -Treatment of General Words

-Doctrine of Ejusdem Generis

-Words Understood According to the Subject Matter

-Rules of casus omissus

-Redendo Singula Singulis; Noscitur a Sociis

- Contemporanea expositio est fortissima in lege

MODERN STATUTORY INTERPRETATION IN PRACTICE

Non Interpretive Doctrines

- The Basis of the Doctrine

- Filling in a gap in legal text

- Resolving Contradictions

- Correcting Mistakes in the language of the text

- Avoiding absurdity

- Cy Pres Performance

Enlightened Literalism (Evolutionary development of the modern approach)

Suggested Readings:

Maxwell: Maxwell on Interpetation of Statutes

Jermy Bentham: Principles of Morals and Legislation

Sutherland: Statutory Construction

Craies: Statute Law

Craw Ford: Satutory Construction

N.S. Bindra: Interpretation of Statutes, Seventh Edition With

Supplement, The Law Book Co., Allahabad, 1987

P.M. Bakhsi: An Introduction to Legislative Drafting, Third

Edition, N.M Tripathi, Bombay

J. G.P. Singh: Principles of Statutory Interpretation

Shiv Gopal: Interpretation of Statutes

V.P. Sarathy: Interpretation of Statutes

Page 11: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER -I

(Under Credit Based Continuous Evaluation Grading System)

10

LAL754 HUMAN RIGHTS

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

International Bill of Human Rights

The UN charter and Human Rights.

The UN declaration of Human Rights and its significance

The international covenants on Human Rights.

MINOR II

Human Rights of weaker section

Convention on elimination of all forms of discrimination against women.

Convention on Child Rights.

UN Declaration on elimination of all forms of intolerance and discrimination

based on religion or belief, 1987.

MAJOR (Including Minor I & Minor II)

Prevention of Inhuman Acts

Convention on genocide, 1948

Convention on Protection of all persons from being subjected to torture and

other crude or inhuman degrading treatment or punishment, 1984.

Convention on elimination of all forms of racial discrimination, 1965

Convention against apartheid, 1972

Page 12: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER -I

(Under Credit Based Continuous Evaluation Grading System)

11

Recommended Readings:

Batra T.S. : Human Rights – A Critique (1992)

Haragopal, G. : Political Economy of Human Rights (1996)

Menon Nivedita : Women’s Rights (1995)

Mohanty, M & others : People’s Rights (1997)

Moon, Vasant (ed.) : Dr. Babasaheb Ambedkar-Writings and

Speeches (1991)

Weiner M. : State & The child in India (1988)

Beetham, David : Politics & Human Rights (1995)

Ginsberg, M. : On Justice in Society (1965)

Kothari, Smitu &

Harsh Sethi

: Rethinking Human Rights (1992)

Rawls, John : A Theory of Justice (1972)

Tuck, Richard : Natural Law & Natural Rights (1988)

Waldron, J. : Theories of Rights (1984)

Page 13: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER – II

(Under Credit Based Continuous Evaluation Grading System)

12

LAL755 JURISPRUDENCE – II (LAW & SOCIAL

TRANSFORMATION)

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

1. Moral Theory and its Application to Law 2. Connection Between Law and Morality 3. Hart-Fuller Controversy 4. Hart-Devlin Controversy 5. Meaning and Concept of Justice 6. Distributive Justice

MINOR II

1. Advantages and Disadvantages of Justice 2. Justice in Adapting to Change 3. Critical Legal Studies Movement 4. Feminist Jurisprudence

MAJOR (Including Minor I & Minor II)

1. Post-Modernist Jurisprudence 2. Critical Race Theory 3. Property 4. Law and Economics

Suggested Readings: R. W .M. Dias: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi, 1994. G.W. Paton: A Text Book of Jurisprudence Karl N. Llewellyne: Jurisprudence: Realism in Theory and Practice. W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967. Roscoe Pound: An Introduction to the Philosophy of Law. H.L.A. Hart: The Concept of Law-Second Revised edition

by Joseph Raz. Ronald Dworkin: Taking Rights Seriously. Jerome Hall: Foundations of Jurisprudence. Lord Lloyd: Lloyd's Introduction to Jurisprudence 6th ed. M.D.A. Freeman ELBS with Sweet & Maxwell N.E. Simonds: Central Issues in Jurisprudence. Edgar Bodenheimer: The Philosophy and Method of the Law, Harward University Press

Page 14: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER – II

(Under Credit Based Continuous Evaluation Grading System)

13

LAL756 CONSTITUTIONAL LAW OF INDIA - II

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Relations between Union and States

Emergency Provisions

MINOR II Liability of State on Government in Torts and Contracts

Freedom of Trade, Commerce and Intercourse

Tribunals

Elections

MAJOR (Including Minor I & Minor II)

Right to Property

Special Provisions with relating to certain classes

Official Languages

Special Status to Jammu & Kashmir

Pancahyats and Municipalities

Schedules

Suggested Readings:

M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.

Page 15: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER – II

(Under Credit Based Continuous Evaluation Grading System)

14

LAL 757 LAW, SCIENCE & TECHNOLOGY

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Era of Professionalism and Specialization due to 1st and 2nd Industrial Revolution and the Legal

efforts to keep pace with the changing notions

Medical Practices and Law

Medical Malpractice

Confidentiality and Privilege

Concept of “Informed Consent”

Patients Right of Full Disclosure of Course Of Therapy, including side effects of Drugs

MINOR II Biotechnology and the Legal efforts in the fields of-

Application on Plants, Animals, Humans

BioMetrics

Artificial Insemination

Human Organs Transplantation

Female Foeticide

MAJOR (Including Minor I & Minor II)

Information Technology Act 2000 as amended by IT Act, 2008

Concept of E-Justice, E-Commerce, M-Commerce

Credit Card Frauds

Digital Forensics

Suggested Readings:

Anoop Kaushal- Medical Negligence and Legal remedies, Universal Law Publishing Co Pvt

Ltd., Delhi, 2008.

Nandita Adhikari- Law and Medicine, Central Law Publications, 2009.

Reference Material

Marianne Talbot: Bioethics: An Introduction, Cambridge University Press, 2012.

U.Baxi, Biotechnology and Legal Order : Dilemmas of Future of Law and Human Future

Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004

Law Relating to Computers, Internet and e-Commerce-Nandan Kamath

Cyber Law in India–Farooq Ahmad

Guide to Cyber Laws- Rodney D. Ryder

Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004

Page 16: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

LL.M. (TWO YEARS COURSE) SEMESTER – II

(Under Credit Based Continuous Evaluation Grading System)

15

LAL 758 COMPARATIVE PERSONAL LAWS

3+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Constitutional validity of different Personal Laws

Inter-Personal Law Conflicts

Uniform Civil Code

MINOR II

Application of Hindu Law and Muslim Law

Nature of marriage under different Personal laws

Requirements of marriage under different Personal laws

Live-in-Relationship

MAJOR (Including Minor I & Minor II)

Nullity of Marriage under different Personal Laws

Divorce under different Personal Laws

Restitution under different Personal Laws

Child Marriage under different Personal Laws

Maintenance under different Personal Laws

BARE ACTS:

The Hindu Marriage Act, 195

The Special Marriage Act, 1954

Anand Marriage Act, 1909

Arya Marriage Validation Act, 1936

Maintenance under Muslim Women (Protection on Divorce) Act, 1986

Suggested Readings:

1. A.M. Bhattacharjee Matrimonial Law and Constitution

2. M.A Qureshi Marriage and Matrimonial Remedies

3. Tahir Mohamad Personal Laws in Crises

4. Naseem Akhter Family law on Divorce and Judicial Separation

Page 17: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

16

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL851 RESEARCH METHODOLOGY

Credit: 5+2+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Meaning, Scope and Objective of Legal Research

Difficulties in Legal Research

Doctrinal or Traditional Research

Non- Doctrinal or Empirical Research

Role of Legal Research in Law Making

Role of Judges and Jurist in Legal Research

Law Reform and Codification

Identification and Formulation of a Research Problem

MINOR II Hypothesis: Meaning, Concept and Significance of in Legal Research

Sampling: Importance, Techniques and Kinds

Research Design: Formulation

Methods of Data Collection: Questionnaire, Interview, Interview Schedules, Survey,

Observation and Case Study Method

MAJOR (Including Minor I & Minor II)

Tabulation and Analysis of Aggregate Data

Data Processing: Editing and Coding

Use of Statistical Techniques in Data Analysis

Use of Computer in Legal Research

Research Report Writing

Foot Noting

Bibliographic Techniques

Suggested Readings: 1. Indian Law Institute: Legal Research and Methodology

2. Janathan Anderson: Thesis and Assignment /Writing

3. Victor Tunkel: Legal Research (The Indian Re-print)

4. Simon Lee and Marie Fox: Learning Legal Skills (The Indian Reprint)

5. Kate L. Turabian: Manual for Writers of Term Papers, Thesis & Dissertations

6. Joseph Gibaldi: MLA Handbook for Writers of Research Papers

7. The Blue Book: A Uniform System of Citation

8. Enid Campbell: Legal Research: Materials and Methods

9. Erin H. Pollack : Fundamentals of Legal Research.

10. S.M. Shukla : Fundamentals of Research

Page 18: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

17

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL852 ENVIRONMENT PROTECTION LAW-INTERNATIONAL PERSPECTIVE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I - Sources of International Environment Law

- Development of International Environment Law

- Development of Integrated Pollution Prevention and Control

- Pollution Prevention and Control Act, 1999 (U.K.)

- The Stockholm Conference

- Brundtland Commission

MINOR II (i) Rio-de-Janeiro Conference

(ii) Kyoto Protocol

(iii) Montreal Protocol

(iv) Johns Bourg Declaration

(v) The Bali Summit

(vi) Aviation and its Impact on Environment

MAJOR (Including Minor I & Minor II)

Space Law in 21st Century: Perspectives and Challenges

- Space Treaty of 1967: A World Charter of Space Law

- EC Directives on National Emissions Ceilings, 2001

- EC Directive on Ambient Quality Assessment and Management 1996 Onwards

- The Making of New World Order: Combining International Law and Ecological

Sciences

- Gothenburg Protocol to Abate Acidification, Eutrophication and Ground Level Ozone,

1999

Suggested Readings:

1. Birnie, P.W.: International Law and the Environment 2004.

2. Chandra Geetanjali: Public Interest Litigation and Environment 2006.

3. Chatterjee, B.: Environment Laws 2007.

4. Chaturvedi Pardeep: Energy Environment and Sustainable Development 2002.

5. Gurdeep Singh: Environment Protection.

Page 19: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

18

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL853 GENERAL PRINCIPLES OF CRIMINAL LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Nature and Definition of Crime

Elements of Crime:

-Actus Reus

-Mens Rea (with special reference to its kinds)

MINOR II Inchoate Crimes (Preliminary Crimes)

Joint/Constructive Liability

Strict Liability

MAJOR (Including Minor I & Minor II)

General Defences

(i) Excusable (ii) Justifiable

Four Salient Features of Criminal Law

Innocent until proved guilty; Burdon of Proof; Right to remain silent; Double Jeopardy

Suggested Readings:

1. Rattan Lal and Dhiraj Lal Law of Crimes, Wadhwa & Co., Nagpur

2. Jaspal Singh Law of Crimes

3. R.C. Nigam General Principles of Criminal Law

Page 20: FACULTY OF LAWSgndu.ac.in/syllabus/201516/LAWS/LLM SEMESTER I to IV CBCEGS.pdf · FACULTY OF LAWS SYLLABUS FOR LLM ... Concept and Philosophy of Law 4. Physical, Social, Religious

19

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL854 CONSUMER PROTECTION: INTERNATIONAL PERSPECTIVE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I - United Nations and Consumer Protection

- Current Status of the UN Guidelines for Consumer Protection

- ECOSOC (Economic and Social Council)

- Consumer Protection in Japan

- Consumer Protection in Brazil

- Consumer Protection Code of Brazil

MINOR II - Consumer Protection in the United Kingdom (U.K.)

- Consumer Protection in the United States of America (U.S.A.)

MAJOR (Including Minor I & Minor II)

- Consumer Protection and Electronic Commerce

- Internal Dispute Resolution and Business and Marketing Practices

- Consumer Perceptions of Privacy and Security Risks in Online Shopping

- Globalisation: A New Paradigm for Consumer Protection

- Consumer Participation in the Post Globalised Era

- Consumer Participation in various Under- developed and Developed Countries

-Corporate Social Responsibility and SEZs

Suggested Readings:

1. Jan Rifat: Consumerism and Legal Protection of Consumers, Deep and Deep Publications

Private Limited, New Delhi, 2007

2. Sawant, B.P. and: Advertising Law & Ethics, Universal Law Publishing

3. Bandyopadhyay Cooperation Limited, Delhi, 2002.

4. D.Bull: A growing Problem: Pesticide and the Third World Poor Government of India,

Report of Working Group of Health for All by 2000 A.D Proceedings of the World

Congress on Law and Medicine ( 1984 & onwards)

5. Cyber Law, E-Commerce & M- Commerce: Ahmed Tabrez

Reference Material:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi,

Bombay, 1995.

2. Cranston, Ross,

3. U.N. Guidelines and Related Developments

4. ECOSOC and International Bodies towards achievement of Consumer Protection

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20

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL855 LABOUR JURISPRUDENCE AND

INTERNATIONAL LABOUR STANDARDS

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Welfare Positivism – Concept of welfare State, Jurisprudence of Welfare Positivism, Feminist

Jurisprudence and Labour

International Labour Organizations- Origin Structure and Role of ILO in Labour Jurisprudence

Conventions and Recommendations

ILO Control on Labour Legislation

Indian Constitution and Labour- Preambular Objective of Socialist Democracy

Fundamental Rights as part of Indian Labour Jurisprudence

Directive Principles Jurisprudence and Labour

MINOR II Industrial Relations in Jurisprudence

Importance of Industrial Relation Law

Tripartism in Industrial Relations

Immunities and Protection of Workers

Coeriecve means and legitimate Weapons

Conciliation and Arbitration

Unfair Labour Practices

ILO Conventions on Freedom of Associations and collective bargaining (no 87 and 98)

MAJOR (Including Minor I & Minor II)

Social Security Jurisprudence- Importance of Social Security

Compensatory Jurisprudence

Insurance and Pensionary Jurisprudence

Social Security for Un-organized Labour

ILO Convention no 18

Welfare Jurisprudence

ILO Conventions no 1, 11, 14

ILO Recommendations No. 42

Working Hours for Adult, Child and Women workers

Paid Holidays

Safety Provisions

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21

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. ILO Website

2. N. Vadynathan, ILO Labour Standards, Deep and Deep Publiciations, Delhi

3. Johannes Sehregle, Negotitating Development, ILO Office, Geneva

4. E M Rao, Industrial Jurisprudence, Lexis Nexis , Butterworths, New Delhi

5. S C Sharma, Industrial Relations Jurisprudence in India, ABS Publications, Jalandhar

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22

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL856 GENERAL PRINCIPLES OF PUBLIC INTERNATIONAL LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Concept and basis of International Law

Codification of International Law

Sources and subjects of International Law

Relationship between International Law and Municipal Law

MINOR II Codification of the Law of the Sea under UN

Territorial Sea: Territorial Waters, Contiguous Zone, Continental Shelf, EEZ

Piracy

Developments after 1982

MAJOR (Including Minor I & Minor II)

Terrorism and the UN

Legal Control on International Terrorism

Terrorism and National Measures

Disarmament and the UN

Multilateral Treaties on Arms Limitation and Disarmament

Bilateral Treaties on Disarmament

Suggested Readings:

1. Ian Brownlie: Principles of Public International Law, Clarendon Press,

London, 1990

2. J.G. Starke: Introduction to International Law, Aditya Books,

New Delhi, 1994

3. D.J. Harris: Cases and materials on International Law, Sweet and maxwell,

London, 1991

4. Malcolm N. Shaw: International Law, Grotius Publications, Cambridge, 1986

5. Michael Akehurst: A Modem Introduction to International Law, George Allen

and Unwin, London, 1984.

6. D.W. Greig: International Law, Butterworths, London, 1976.

7. Sorensen: International Law

8. R. P. Anand: Law of the Sea

9. R.C. Hingorani: Modern international Law, IBH Publishing Co. Bombay.

1982

10. S.K. Kapoor: International Law, Central Law Agency, Allahabad, 1996.

11. K.C. Joshi: International Law and Human Rights

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23

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL857 LAW OF INDUSTRIAL AND BUSINESS MANAGEMENT

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Critical Evaluation of the Indian Contract Act

Formation of Contract through Posts and Tele-communication

Standard Forms of Contract

Definition and Meaning of Consideration

Role of the Doctrine of Privity of Contract and of Consideration in India

MINOR II

Flaw in Capacity and Quasi-Contract:

Effect of Minor's Agreements

Doctrine of Restitution and Minor's Agreement in India

Contracts by Persons of Unsound Mind

Relations Resembling those Created by Contract or Quasi-Contract

Supply of Necessaries, Payment by Interested Persons

Liability to Pay Non-Gratitutous Acts

Finder of Goods

Flaws in Consent:

Undue Influence and Coercion, Misrepresentation and Fraud and Mistake their effects on the

Free Consent and Contract

MAJOR (Including Minor I & Minor II)

Legality of Object and Void Agreements

Unlawful Agreement-Doctrine of Public Policy and its Effect on Agreements in India

Void Agreements

Agreements without Consideration

Restraint of Marriage and of Trade

Statutory and Judicial Exceptions

Wagering Agreements, Effects of Wagering Transactions and Unlawful Agreements on

Collateral Transactions in India

Validity of Agreements in India

Role of the Doctrine of Frustration in Contract in India

Discharge of Contract

Scope of Damages for Contract under the Indian Contract Act

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24

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. Chitty On: Contract Acts, Sweet & Maxwell, London

2. Venkatesa lyer's: The Law of Contracts, Vols. I & II, Asia Law House,

Hyderabad, 995.

3. Jeevan Lal Kapur: Pollock and Mulla on Indian Contract Act and

Specific Relief Acts, N.M. Tripathi, Bombay, 1972.

4. Avtar Singh: Law of Contract, Eastern Book Co., Lucknow

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25

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL858 ADMINISTRATIVE LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10 MINOR I Meaning, Nature and Scope of Administrative Law Evolution and Development of Administrative Law in India Relationship between Administrative Law and Constitutional Law Doctrine of Separation of Powers Rule of Law Delegated Legislation-Permissible Limits and Controls MINOR II Classification of Government Functions Administrative Adjudication-Constitutional Provisions Tribunal System in India Principles of Natural Justice Proceedings Involving the State Tortuous and Contractual Liability of State With holding of Documents from Evidence Doctrine of Estoppel

MAJOR (Including Minor I & Minor II) Right to Information Act, 2005 Right to Services Law Judicial Review of Administrative Action Public Law Review and Private Law Remedies Administrative Discretion Exclusion of Judicial Review Public Interest Litigation and its Emerging Dimensions

Suggested Readings:

1. Harlow and Law and Administration (London, 1997)

2. Rawlings Wade and Administrative Law (Oxford 1994, 2004)

3. Forsyth’s Cane Administrative Law (Oxford, 2004)

4. M.P. Jain Cases and Materials on Indian Administrative Law, N.M. Tripathi, Bombay

5. D.D. Basu Administrative Law, Kamal Law House, Calcutta

6. Jain and Jain Principles of Administrative Law, Fourth Edition, N.M. Tripathi, Bombay

7. S.A De Smith Judicial Review of Administrative Action, Third Edition, Stevensons,

London

8. S.P. Sathe Administrative Law, N.M. Tripathi, Bombay

9. I.P. Massey Administrative Law, Fourth Edition, Eastern Book Co., Lucknow

10. C.K. Takwani Lectures on Administrative Law in India, Eastern Law Book Co.,

Lucknow

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26

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL859 FEDERALISM

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Federal Principle: Development and Current Trends Federal Characteristics in the U.S., Australian, Canadian and Indian constitutions Legislative and Administrative Relations between Centre and the States in India Sarkaria

MINOR II Commission's Recommendations of Constitutional Review Commission Emergency Provisions under the Indian Constitution Governor: Appointment, Powers and Position Comparison with USA, Australian and Canadian Constitutions Right to Information Act, 2005

MAJOR (Including Minor I & Minor II) Financial Relations between Centre & the States in India Trade and Commerce: Restrictions on the freedom within the Territory of India Difference between Articles 19(I) (g) and 301 Comparison with Australian and Canadian Positions Suggested Readings:

1. D.D. Basu: Comparative Federalism

2. Anirudh Prasad: Centre and State Powers under the Indian Federalism

3. Rasheed Uddin Khan: Federal India: A Design for Change

4. M.C. Saxena: The Dynamism of Federalism

5. K.C. Wheare: Federal Constitution

6. K.C. Wheare: Modern Constitutions

7. Chander Pal: Co-operative Federalism

8. Seervai: COI

9. M.P. Jain: COI

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27

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL860 CRIMINAL JURISPRUDENCE AND SOCIAL DEFENCES

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Concept of Crime

Theories of Crime Causation

Nulla poena sine lege

Nullum crimen sine lege

Indian Constitutional aspects, as they find expression in the Criminal Law

MINOR II Victimology

Meaning and Nature

Categories of Victim

Problems of Victim

Concept of Juvenile Delinquency

Communal Violence

MAJOR (Including Minor I & Minor II)

Penology: Definition & its Growth as a Concept

Theories of Punishment:

Retribution

Utilitarian Prevention: Deterrence

Utilitarian Intimidation

Behavioral Prevention: Incapacitation

Behavioral Prevention: Rehabilitation – Expiation

Capital Punishment and its Constitutionality

Victim Compensation Laws in India

Public Interest Litigation

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28

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. K.S.Chhabbra:

The Quantum of Punishment in Criminal Law

2. H.L.A. Hart: Punishment and Responsibility

3. A.Siddique: Criminology

4. U.Baxi:

“Dissent, Development and Violence” in R.Meaghar (ed.)

5. Ranjit Guha(ed.,):

Subaltern Studies Vol. 1-6 (1983-88)

6. Rajni Kothari: State against Democracy (1987)

7. G.Shah:

Ethnic Minorities and Nation Building: Indian Experience

Law Commission of India, Forty-Second Report Ch.3

(1971)

Law Commission of India, One Eighty Seventh Report

8. K.S. Shukla “Sociology of Deviant Behaviour” in 3 ICSSR Survey of

Sociology and Social Anthropology 1969-179 (1986)

9. Tapas Kumar Banerjee Indian Criminal Law (1990), R. Company & Co., Calcutta.

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29

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL861 ADMINISTRATION OF CRIMINAL JUSTICE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I The Accusatorial System of Trial and the Inquisitorial System

Hierarchy of criminal courts & their Jurisdiction

Criminal Investigation

Role of the police, prosecutor and the judge in investigation

MINOR II

PRE-TRIAL &TRIAL PROCEDURES

Arrest and Questioning of the accused

The Rights of the accused

The Evidentiary Value of Statements/ articles seized/ collected by the Police

Role of the Judge , the prosecutor and the defence attorney in the trial

Admissibility and inadmissibility of Evidence

MAJOR (Including Minor I & Minor II)

SENTENCING:

Principal Types of sentences in the Penal Code & Special Laws

Alternatives to Imprisonment

Concept of Bail

Probation & Parole

Plea Bargaining

IMPRISONMENT

Classification of Prisoners

Rights of Prisoner

Legal Aid and Legal Services

Disciplinary regime of Indian Prisons & its role

Open Prisons & Judicial Surveillance

Role of Court in Correctional Programmes in India

Suggested Readings:

1. Celia Hampton Criminal Procedure

2. Wilkins and Cross Outline of the Law of Evidence

3. Archbold, Pleading Evidence and Practice in Criminal Cases

4. Sarkar Law of Evidence

5. K.N. ChandrasekharanPillai (ed.), R.V. Kelkar’s Outlines of Criminal

Procedure (2000), Eastern, Lucknow

6. Sanders &Young Criminal Justice (1994)

Criminal Procedure Code,1973

7. 14th and 41st report of Indian Law Commission

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30

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL862 LAW OF ADOPTION AND GUARDIANSHIP

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Adoption under Hindu Law (Ancient and Modern)

Adoption under Customary Law

Inter-Country Adoption

MINOR II Hindu minority and Guardianship Act, 1956

Guardianship under different Personal Laws

MAJOR (Including Minor I & Minor II)

Sources of Hindu Law

Dowry Act

Dower

Matrimonial Property

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31

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL863 LAW OF SUCCESSION AND INHERITANCE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I (15 Credit Hours)

Indian Succession Act, 1956

MINOR II (15 Credit Hours)

Waqf

Hindu Endowment Act

MAJOR (Including Minor I & Minor II) (20 Credit Hours)

Hindu Joint Family and Coparcenary

Mitakshara and Dayabhaga Schools

Karta and his Power of Delineation

Son’s pious obligation to pay father’s debt

Changing position and Notions of Property Rights of Women

Hindu Succession Act

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32

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL864 CONSUMER PROTECTION: NATIONAL PERSPECTIVE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

History and Need for Consumer Protection

International Developments in the field of Consumer Protection

Development of Consumer Law in India

Consumer Rights under the Consumer Protection Act, 1986

Consumer Protection Councils

Redressal Mechanism under the Consumer Protection Act, 1986

MINOR II

Applicability of the Consumer Protection Act, 1986 to Various Services:

(a) Consumer Protection Act and the Medical and Legal Profession

(b) Consumer Protection Act and the Educational Services

MAJOR (Including Minor I & Minor II)

Developments in the Consumer Protection Law in India

(a) Group Actions and the Consumer Protection Law

(b) Business Self-Regulation and Consumer Protection Law

(c) Emergence of the Movement for Green Consumerism

Non-Legal Measures for Consumer Protection

(a) Consumer Education

(b) Lobbying

(c) Boycotting

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33

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay,

1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep

& Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co.,

Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993.

5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education

and Research Centre, Ahmedabad, 1990-97.

6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984.

7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991.

8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.

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34

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL865 CONSUMER PROTECTION ACT AND COMPETITION LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Anti Trust Laws- Evolution and further Developments

Unfair Trade Practices under the Consumer protection Act

Restrictive Trade Practices under the Consumer protection Act

MINOR II

Monopolies and Restrictive Trade Practices Act

Monopolies and Restrictive Trade Practices Commission

Resolution of Conflict between Consumer Protection Act and MRTP Act in cases relating

to unfair trade Practices and Restrictive/Monopolistic Trade Practices

MAJOR (Including Minor I & Minor II)

Competition Act, 2002: Objectives

Definitions

Constitution, Procedure of Competition Commission, Inquiry, Reference, Penalties,

Powers, Execution, Compensation for Contravention, Penalty for failure to comply with

directions, Penalty for Non-furnishing of information on combinations

Competition Appellate Tribunal

Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay,

1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep

& Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co.,

Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993.

5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education

and Research Centre, Ahmedabad, 1990-97.

6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984.

7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991.

8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.

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35

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL866 ENVIRONMENT PROTECTION LAW-NATIONAL PERSPECTIVE

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Environment - Historical Development and Growth of Environment Law including

CPC Ss. 90-91, Cr.P.C S.133, IPC Ss. 278-279

- Principles of Sustainable Development

(i) Inter- Generational Equity

(ii) The Precautionary Principle

(iii) The Polluter Pays Principle

(iv) Doctrine of Public Trust

(v) Environment Impact Assessment

(vi) Strict Absolute Liability

Constitutional Provisions

- Preamble

- Legislative Powers concerning Environment

(I) Union List

(II) State List

(III) Concurrent List

- Fundamental Rights and Environment Protection

- Directive Principles of State Policy and Environment Protection

- Fundamental Duties and Environment Protection

- Writ Jurisdiction and Prevention of Environmental Pollution

- India’s International Obligations to Implement International Agreement

- Role of Judiciary in Environment Protection

The Water (Prevention and control of Pollution) Act, 1974

- Composition, Functions and Powers of the Boards

- Prevention and Control of Water Pollution

- Penalties and Procedure

MINOR II

The Air (Prevention and Control of Pollution) Act, 1981 - Composition, Functions and Powers of the Boards

- Prevention and Control of Air Pollution

- Penalties and Procedure

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36

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Noise Pollution

- Definitions

- Noise Pollution Control and Constitutional Provisions

- Sources of Noise Pollution

- Effects of Noise Pollution

- Control of Noise Pollution under Criminal Law

- Control of Noise Pollution under Central Legislations

- Control of Noise Pollution under Noise Pollution (Regulation and Control ) Rules,2000

The Environment Protection Act, 1986

- Scope and Commencement of the Act

- Definitions

- Powers of Central Government to protect and improve environment

- Penalty for contravention of the Provisions of the Act

- Offences by Companies and Government Departments

- Bar of Jurisdiction

- Role of Non- Government Organisations in Environment Protection

Public Liability Insurance Act, 1991

- Liability to Give relief on principle of No Fault

- Application for Claim for Relief

- Cognizance of Offences

- Penalty

The National Environment Tribunal Act, 1995

- Liability to pay compensation in Certain Cases on Principle on No Fault

- Application for claim for compensation

- Composition, Powers and Functions of Tribunal

The National Green Tribunal Act, 2010

- Salient Features

MAJOR (Including Minor I & Minor II)

The Hazardous Wastes (Management and Handling) Rules, 1989 as Amended in 2000

- Definitions

- Responsibility of the Occupier and Operator of facility for Handling of the Wastes

- Import and export of hazardous Wastes for dumping and disposals

The Bio-Medical Waste (Management and Handling) Rules, 1998

- Definitions

- Duty of the Occupier

- Treatment and disposal of Bio- Medical Waste

The Municipal Solid Wastes (Management and Handling) Rules, 2000

- Definitions

- Responsibility of Municipal Authority, State Government and U.T Administrators in

Management of Municipal Solid Waste

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37

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

The Wild Life Protection Act, 1972

- Constitutional Mandate to Protect Wild Life

- Composition, Powers and Functions of the Authorities under the Act

- Hunting of Wild Animals

- Protection of Specified Plants

- Protected Areas

- Central Zoo Authority and Recognition of Zoo

- Trade and Commerce in Wildlife

- Prohibition of Trade and Commerce in Trophies, Animal Articles

- Prevention and Detention of Offences

- Penalties

The Factories Act, 1948

- Chapter III Health

- Chapter IV-A Provisions Relating to Hazardous Process

Suggested Readings:

1. Our Common Future: The World Commission on Environment and

Development, Oxford University Press, Oxford,1987.

2. Paras Diwan and Peuish Diwan: Environment Administration Law and Judicial

Attitude (2 Volumes), Deep & Deep Publication,

New Delhi, 1992

3. K. Thakur: Environment Protection: Law and Policy in India.

Deep & Deep Publication New Delhi, 1997.

4. Gurdeep Singh: Environment Protection.

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38

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL867 ENVIRONMENT AND DEVELOPMENT- LAW AND POLICY

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Environment and Development: Meaning and concept of development - Its impact on

environment

Conflict between Environment and Development

Concept of Sustainable Development. (Principles of Polluter Pay Principle, Precautionary

Principle, Intergenerational Equity)

Public Trust Doctrine.

People’s Movements (Chipko, Tehri and Narmada Bachao Andolan)

Land Acquisition for Development projects – Social and Legal Problems.

MINOR II Judicial Activism and Environment: Public Interest Litigation for Environmental Protection;

Theories of Development

Right to Development

Sustainable Development - National and International Perspectives

Population Explosion and Environmental Impact

Population and Development

Population and Sustainable Development

MAJOR (Including Minor I & Minor II)

Town and Country Planning: Key to Environment Policy

Planning concerning use of urban land

Role of Local bodies

Environment Impact Assessment- Meaning, Objectives, Scope and Guidelines

Role of Government:

Five Year Plans

Forest Policy

Conservation strategy

Water Policy

Control of Land Development Eco-friendly Land Planning:

Conservation, Utilization and Conversion

Mining and Quarrying

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39

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. Armin Rosencranz, Shyam Divan, Martha L. Noble: Environmental Law

2. A. Agarwal (ed.): Legal Control of Environmental Pollution

3. Chetan Singh Mehta: Environmental Protection and Law

4. V.R. Krishna Iyer, Environment Pollution and Law

5. Shah, Environmental Law

6. Leela Krishna, P, The Evolving Environmental Law and Policy in India

6. Leela Krishna, P, Environmental Law

7. Paras Diwan, Environmental Law, Policy, Administration

8. Animal Laws of India, Maneka Gandhi, University Law Publishing Co. Pvt. Ltd.

9. S. Shanthkumar, E L, Surya Publications, Delhi.

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40

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL868 INDUSTRIAL RELATIONS LEGISLATION

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Industrial Relation System

Settlement of Disputes

Strikes, Lock-Out, Retrenchment, Lay-off, Closure

The Industrial Disputes Act, 1947

MINOR II The Trade Union Democracy

Trade Unions: Registration, Recognition, Rights and Obligations of Trade Unions

The Trade Union Act, 1926

MAJOR (Including Minor I & Minor II)

The Industrial Employment (Standing Order) Act, 1946

The Child Labour (Prevention and Registration of Regulation) Act

The Contract Labour (Regulation and Abolition) Act

Suggested Readings:

1. R. Bagri: Law of Industrial Disputes. Bharat Books, New Delhi, 1985

2. D. Punekar: Labour Welfare, Trade Unionism and Industrial Relations,

Himalaya Books, Bombay, 1980

3. C. Sharma: Jurisprudence of Industrial Relations in India.

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41

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL869 LABOUR WELFARE AND SOCIAL SECURITY LEGISLATION

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Labour Welfare: Theories, Working Condition in Factories and Mines State Control and Factories Act, 1948 Regulations of Working Condition, Working Hours, Leave etc

MINOR II Methods of Wage Fixation and Wage Differentials Dearness, Allowances and Other Fringe Benefits Concept and Theories of Social Security

MAJOR (Including Minor I & Minor II) Social Security Legislation in India Statutory Enactments to be studied The Mines Act, 1952 The Employers' Liability Act, 1938 The Minimum Wages Act, 1948 The Payment of Wages Act, 1936 The Payment of Bonus Act, 1965

The Payment of Gratuity Act, 1972 The Maternity Benefit Act, 1961

The Workmen's Compensation Act, 1923

Suggested Readings:

1. International Labour Organization: An Approach to Social Society

2. International Labour Organization: An Introduction to Social Security Workers

Education Manual

3. S.B.L. Nigam: State Regulation of Minimum Wages

4. V.G. Goswami: Labour and Industrial Laws

5. S. N. Mishra: Labour and Industrial Laws, Allahabad,

Law Agency Allahabad, 1992

6. K. Madhvan Pillai: Labour and Industrial Law, Allahabad Law Agency,

Allahabad, 1993

7. Reports: Reports of the National Commission on Labour,

1969.

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42

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL870 INTERNATIONAL ORGANISATIONS

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

Evolution and Classification of International Organizations

Function of International Organizations

League of Nations: Functions, Achievements and Causes of its Failure

Collective Security System under the League and UN

MINOR II

United Nations: Historical Background, Purposes and Principles

Membership, Suspension and Expulsion

Principles Organs of the UN

-Security Council

-Economic and Social Council

-Secretary General

MAJOR (Including Minor I & Minor II)

Principles Organs of the UN

- General Assembly

-Trusteeship Council

-International Court of Justice

Agencies of the UN

-World Health Organization

-World Intellectual Property Organization

-International Labour Organization

-Food and Agricultural Organization

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43

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

Suggested Readings:

1. D.W. Bowett: The Law of International Institutions, Sweet and Maxwell,

London, 1995

2. Lerory Bennet: International Organisations Principles and Issues, Fourth Edition,

Prentice Hall, London, 1994

3. George Scott: The Rise and Fall of the League of Nations, Hutchinsons,

London, 1973

4. F.S. Northedge: The League of Nations: Its Life and Times (1920-1946),

Leicester University Press, Leicester, 1986

5. Sydney D, Bailey: The United Nations: A Short Political Guide, Macmillan

Press, London, 1989

6. Evan Luard: The United Nations: How it Works and What it Does,

Macmillan Press, London, 1974

7. Leland M. Godrich: The United Nations in a Changing World, Columbia

University Press, 1974

8. Pater R. Bacher: The United Nations: Reality and Ideal, Preager Publishers,

New York, 1990

9. Shabtai Rosenne: The World Court, Leiden, A:W., 1973.

10. Nagendra Singh The Role and Record of International Court of Justice,

Martinus Nijhoff Publishers, Boston, 1989.

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44

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL871 EMERGING TRENDS IN INTERNATIONAL LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I

-Nationality

-Diplomatic Agents

-Treaties

-Piracy

MINOR II

Law of Air and Outer Space

- Air Space: Theories and Conventions

- Five Freedoms of Air

- Development of Law on Outer Space

- Various Conventions and Treaties on Outer Space

MAJOR (Including Minor I & Minor II)

Refugee and the Law

-Definition, Rights & Protection

-India & Refugee: Obligations, Law & Policies

-Role of UNHCR in Refugee Protection

-Rights of Refugee women & children

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45

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL872 LAW OF CORPORATE MANAGEMENT

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Genesis of Corporate Law in India

Corporate Personality

Doctrine of Ultra Virus

Doctrine of Indoor Management

MINOR II Director’s Role

Corporate Liability Civil and Criminal

Social Responsibility of Corporate Entity

Minority Rule

MAJOR (Including Minor I & Minor II)

Winding up of Company

SEBI Regulations

Workers Participation

Mergers & Acquisition

Collective Bargaining

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46

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAL873 TRADE LAW

Credit: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20

MINOR II: 20

Major Max. Marks: 50

Quiz/Viva: 10

MINOR I Introduction to International Trade Law

Regulation of International Trade

U.N. Convention on the Limitation period in International Sale of Goods Act, 1973

MINOR II Carriage of Goods by Land, Water and Air

Marine Insurance

TRIPS and Other Treaties

WTO Obligations, Conceptual frame work and agreement

MAJOR (Including Minor I & Minor II)

Trade Mark and Passing Off: Introduction to Trade Mark and Its Relevance and Need for

Protection, Trade Mark Act, 1999, Passing Off

Exhaustion of Right in Trade Mark

Domain Name Dispute and Cyber Squatting

Law relating to Geographical Indications: Domestic as well as International Law

Traditional Knowledge

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47

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (CBCEGS)

(FOR OLD ADMISSION WHO ADMITTED IN SESSION 2014-15)

LAD874 DISSERTATION & VIVA-VOCE

Credit: 0+0+10