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IV semester
COURSE-I: PUBLIC INTERNATIONAL LAW
Objectives: The course includes the study of general principles of international law including law of peace. Third world concerns in respect of security and development and the role of U.N. and International Agencies in structuring solutions in the context of changing balance of power are also to be appreciated. Course contents: UNIT-I Nature, definition, origin and basis of International Law; Sources of International Law; Relationship between Municipal and International Law; Subjects of International Law. UNIT- II States as subjects of International Law: States in general; Recognition; State territorial sovereignty. UNIT āIII State Jurisdiction: Law of the sea; State Responsibility; Succession to rights and obligations. UNIT ā IV State and Individual - Extradition, Asylum and Nationality; the agents of international business; diplomatic envoys, consuls and other representatives; the law and practice as to treaties. UNIT ā V The United Nations Organization - Principal organs and their functions; World Trade Organization- Main features; International Labour Organization. Prescribe 1 Books: Starke, I.G, An Introduction to International Lay! (Oxford University Press, 2013). Sands Philippe and Pier i e Klein, Bowetl ās Lay! of International InstitutiOlfS, 6"ā Edition, (Sv eet & Maxāŗi!cā¢ll, 20t)9) Reference Books: Clapham, Audi ew, Brierleyās Lciw of Nations.ā An IntroJiiction to the Role of International in I/7ft/"/fff 1011611 Rcā¢lations, 7"' Edition,(Oxfofd: 2012) Hai i is ,D.H, Cciscā¢s card Materials on International Law, 7 t" Edition, (Sweet and Maxwell, 2010)
4 Oppenheim , International Law, 9 tlā Edition, (Oxford, 2008) Kapoor, S.K, International law, Human Rights (Central Law Agency, 2009). Das, Bhagirathlal, Ari Introduction to World Trade Oiā¢gani ation Agreenlents (Zed Books, 1998).
payment - Settlement of claim and payment of money - Life Insurance Corporation Act, 1956 (overview) - General Insurance Business (Nationalization) Act, 1972 (overview) ā Health and Medical Insurance, The Motor Vehicles Act, 1988 ā Sec. (140-176) - Nature and scope - Absolute or no fault liabilities, Third pany or compulsory insurance of motors vehicles - Claims Tribunal ā Legal aspects of Motor Insurance. UNIT ā IV Fire Insurance: Nature and scope of Fire Insurance ā Basic Principles ā Conditions & Warranties ā Right & Duties of Parties ā Claims ā Some Legal Aspects, Introduction to Agriculture Insurance ā History of Crop Insurance in India ā Crop Insurance Underwriting, Claims, Problems associated with Crop Insurance, Cattle Insurance in India, Micro Insurance, Public Liability Insurance: Public Liability Insurance Act, 1991 (overview) ā Claims, Consumer courts and Insurance Ombudsman. UNIT ā V Marine Insurance: Nature and Scope - Classification of Marine policies - Insurable interest - Insurable values - Marine Insurance and policy - Conditions and express Warranties - Voyage Deviation - Perils of sea ā Loss - Kinds of Loss - The Marine Insurance Act, 1963 (Sections 1 to 91). Prescribed Books: Murthy K.S.N and K. V. S. Sharma , Modern Law of Insurance in India, (New Delhi:Lexis Nexis,2009) Srinivasan , M.N., Principles oflnstirance Law, 7"' Edition, (Nagpur: Wadhwa and Co., 2004). Reference Books: Singh,Avtar, Law of Insurance, (Jain Book Agency,2004) Birds, John, Bird's Modern Insurance Lnw,8t" Edition, (London: Sweet & Maxwell, 1997) W.Patterson, Edwen, _Cases and Materials on Law of Insurance (Newāŗ York. Foundation Press,
Insurance Act, 1938. The Marine Insurance Act, 1963. General Insurance (Business) (Nationalization) Act, 1972. TJle Life Insurance_ Corporal/O/f ACt, 1956. Motor Vehicles Act, 1988.
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COURSE-III: OPTIONAL-II:
BANKING LAW
OBJECTIVES :
A Vitally important economic institution the banking is deeply influenced by socio-political and economic changes. The emerging changes in India, particularly after the initiation of the planning process as an instrument of rapid economic development had molded and the affected the banking structure, policies, patterns and practices. A significant development in the banking system is diversification in banks financing. The Commercial banks entered into the field of wide ranging financial assistance to industiāy, both large and small scale, requiring the need for social control of the banking system eventually leading to the nationalization of banks. The conventional banking system, found to be deficient for planned developmental purposes, paved the way for developmental banking. The fag of the last millennium witnesses influx of foreign banking companies into India and a shift in the banking policy as part of the global phenomenon of liberalization. The legal system is adopting itself into the new mores. This course is designed to acquaint the student with the conceptual and operational parameters of banking law, the judicial interpretation and the new and emerging dimensions of the banking system. UNIT-I NATURE AND DEVELOPMENT OF BANKING - History of banking in India and elsewhere- indigenous banking-evolution of banking in India ā different kinds of banks and their functions.- Multi-functional banks- growth and legal issues. LAW RELATING TO BANKING COMPANIES IN INDIA: Controls by government and its agencies: On management-On accounts and audit-Lending-Credit policy-Reconstruction and reorganization-Suspension and winding up. UNIT-II BANKING REGULATION ACT, 1949: Evolution of Central Bank, Characteristics and functions, Economic and social objectives, The Central bank and the State- as banker's bank, The Reserve Bank of India as the Central Bank. ORGANISATIONAL STRUCTURE ā Functions of the RBI- Regulation of monitory iaaechanism of the economy - Credit control - Exchange control-Monopoly of currency issue - Banff rate policy formation. Control of RBI over non- banlā¹ing companies, Financial companies, Non financial companies.
COURSE-IV: CLINICAL COURSE-I:
PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING
SYSTEM
Objective: Professions are noble. The movement of all professions, hitherto, has been from chaos to organization, organization to consolidation and consolidation to autonomy and monopoly. Same is true of the law profession also. The prime reason for conferring autonomy and monopoly by the society on the professionals is the fact that they are a body of learned persons and the interest of society and individuals is safe in theii hands. The Bar should set enviable standards of ethics and scrupulously adhei e to their as also en foi ce them. It is too good of the society to trust the learned body of the professionals to i'egti1ate themselves and not to empower an outsider to sit in judgment over their activities. The trust ieposed by the society in profession is to be zealously guarded. The Bar should live up to the expectations of the society. The society has a right to expect of the professionals such ideal behaviourā. The course is designed to imbue students with these high values forming the basis of the profession so that they can live up to those standards in their professional life. Course contents: UNIT-I The legal profession and its responsibilities; The equipment of the lawyer; Conduct in Court; Professional conduct in general; Privileges of a lawyer; Salient features of the Advocates Act, 1961. UNIT-II Duty to the Court; Duty to the pi ofession. Duty to the opponent; Duty to the client; Duty to the self; Duty to the public and the State. UNIT-III Contempt of Court Act, 1972. Selected major judgments of the Sup1'eire Court:
- In the iliattei of D, An AclĀ»ocate, AIR 1956 SC 102.
- P..1.Ratnain v. D.Kalllkrtl Hllf, AI R 1.964 SC 344. o". N.B. Mir-ctn v. They disciplinary 6āO/7f/7f Illtā¢cā¢ ofāBra- Council of Mciharastra anJ Another, AIR 1972 SC 46.
- Bar Council 61J Mciharastra v. M.V. Dahliolk tiā. cfc., AIR 1976 SC 242.
- Y.C.Rangoclurcii v. D.Goplun ffJ7t/ DfJf6Ā°7ā.S, A lR 1.979 SC 20..
- Chandra Sl1cā¢kharSoni v. Bcir Council of Raja.slliā¹in anā¹1 Others, AIR 1983 SC 10.12.
- Iri Re an Advocate, AIR 1989 SC 245.
- In Re Vinay Chanclra Mishra, 1995 (Vol-1) IBR 118.
- Suprelne Couiā¢t Bar Asxociatiori v. Union o[India, AIR 1998 SC 1895.
- Ex-Capt. Haiā¢ish Uppal v. Uilion ofIndia, AIR 2003 SC 739. UNIT-IV
UNIT-V
Accountancy for lawyers: Need for maintenance of accounts- Books of accounts that need to be maintained- Cash Book, journal and ledger Elementary aspects of bookkeeping: Meaning, object, journal, double entry systelr, closing of accounts The cash and bulk transaction- The Cash book- Journal proper especially with reference to client's accounts- Ledger, Trial balance and final accounts- Commercial mathematics.
- Mode of assessment: The scheme of evaluation for Clinical Course-I:Professional ethics and Professional accounting system shall be as under: a. There shall be a viva for 20Marks at the end of the semester. Viva shall be conducted by the course teacher and the principal or a senior faculty member designated by the principal. b. Two Written Tests shall be conducted for 40 marks each. c. The questions in the test papers should be spread ovec whole syllabus. d. I test shall be at the end of 9 weeks of the semester and the II test shall be by the end of the semester. Prescribed Books: lyer, K.V., Krishnaswamy, Professional Conduct and Advocacy, (Oxford University Press,
B.S.Raman, Financial Accounting, āElements of Accountancyā, (Mangaloi e: United Publishers,
Reference Books: Menon, N.R. Madhava, Clinical Legal Education, (Eastern Book Co., 2008) Dr. B. Malik, Art of Lawyer, (New Delhi: Universal Book Agency, 1999) Contempt of Court Act, 1971
COURSE-V: CLINICAL COURSE-II:
ALTERNATIVE DISPUTE RESOLUTION SYSTEMS
Objectives: Today alternative disputes resolution systems have become more relevant than before both at local, national and international levels. Certain of the disputes, by nature are fit to be resolved through specific method of resolution. Each of these dispute resolution systems involves different style of planning and execution. The skills involved are also different as also preparation. This course trains the students in ADRs. The course teacher shall administer simulation exercises for each of the methods. Course contents: UNIT-I General; Different methods of dispute resolution; Inquisitorial method; Adversarial method; Other methods- both formal and informal- like Arbitration, Conciliation, Negotiation, Mediation, etc.; Advantages and disadvantages of above methods; Need for ADRs; International commitments; Domestic needs; Suitability of ADRs to particular types of disputes; Civil Procedure Code and ADRs UNIT-II Arbitration: Meaning of arbitration; Attributes of arbitration; General principles of arbitration; Different kinds of arbitration; Qualities and qualifications of an arbitrator; Arbitration agreement and its drafting; Appointment of arbitrator; Principal steps in arbitration; Arbitral award; Arbitration under Arbitration and Conciliation Act, 1996. UNIT-III Conciliation: Meaning; Different kinds of conciliation- facilitative, evaluative, court-annexed, voluntary and compulsory; Qualities of a conciliator; Duties of a conciliator; Role of a conciliator; Stages of conciliation; Procedure; Conciliation under statutes- Industrial Disputes Act, 1947; Family Courts Act, 1984; Hindu Marriage Act, 1955; Arbitration and Conciliation Act, 1996. UNIT-IV Negotiation: Meaning; Different styles of negotiation; Different approaches to negotiation; Phases of negotiation; Qualities of a negotiator; Power to negotiate. UNIT-V Mediation: Meaning; Qualities of mediator; Role of mediator; Essential characteristics of the mediation process ā voluntary, collaborative, controlled, confidential, informal, impartial & neutral, self-responsible; Different models of mediation; Code of conduct for mediators. Prescribed Books: Madabhush i, Sridhar, Alternativcā¢ Dispute Resolution, (New Delhi:Lexis Nex i s,2006)
