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TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No.9 of 2012)

B.A., LL.B (HONS) DEGREE COURSE

FIFTH SEMESTER

2015-2016

Navalurkuttappattu, Dindigul Main Road, Srirangam Taluk, Tiruchirappalli 620 009


Tamil Nadu, India. www.tnnls.in
TAMIL NADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI- 620 009
B.A., LL.B.(HONS.) FIFTH SEMESTER
CONTENTS

Sl. No. Subject Code Subject Page No

1. HACA Political Science - III 1

2. HACB Company Law - I 5

3. HACC Law of Property 7

4. HACD Labour Law I 9

5. HACE Administrative Law 11


TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B. (HONS.) DEGREE COURSE
V SEMESTER

PAPER I Political Science III CODE: HACA


[International Relations]

This course aims to provide an introduction to the study of International Relations. It


seeks to acquaint students to concepts, theories and issues that underlie the field of
international relations. The core objective of the course is to understand and use these
concepts, theories in order to analyze critical issues at the global level.

I. Introduction
Meaning, Nature and Growth of International Relations
Levels of Analysis: International, domestic and individual

II. Key Concepts in International Relations


Imperialism, Balance of Power, National Power, National Interest, Collective
Security, Disarmament

III. Theories in International Relations


Realism and Neo-Realism
Liberalism
Constructivism
World Systems Theory
Game Theory
Feminism

IV. Cold War Politics and International Relations


Evolution
Post- Cold War Era and International Relations

V. Foreign Policy and International Relations


Determinants and Instruments of Foreign Policy
Techniques of Foreign Policy: Diplomacy

VI. International Organizations and International Relations


Role of International Organizations (IO): UNO and International Law
Supranational Organizations: The European Union (EU)
Regional Cooperation SAARC
Human Rights: UDHR, CEDAW and Amnesty International
VII. Key Global Issues and International Relations
New International Economic Order (NIEO) and North-South dialogue
Global Terrorism
Nuclear proliferation and Deterrence
Peace Movements

Essential Reading: Course material handbook (I and II).

Additional Readings:

Art, R. J. and Jervis, R. (2013) (11th edition). International Politics: Enduring Concepts
and Contemporary Issues. Pearson: Boston.
Chimni, B.S. and Siddharth M. (Eds.) (2012) (1st edition). International Relations:
Perspectives for the Global South. Pearson Publication: India.
Devetak, R. (Et.Al) (Eds.) (2nd edition) (2011) An Introduction to International
Relations. Cambridge University Press: USA.
Finnemore, M and Sikkink, K. (2001). Taking Stock: The Constructivist Research
Program in International Relations and Comparative Politics Annual Review of Political
Science, Vol. 4: 391-416.
Goldstein, Joshua and Pevehouse, Jon. (2012) (11th edition). International Relations.
Pearson Publication: India.
Holsti, K.G. (1978). International Politics: A Framework for Analysis. Prentice Hall.
Keohane, R. and Nye, Jr. (2000). Globalization: What's New? What's Not? (And So
What?). Foreign Policy. No. 118 (Spring), pp. 104-119.
Matthew, R., and O. Brown. (Et al.) (2009). From Conflict to Peace building: The Role
of Natural Resources and the Environment. Nairobi, United Nations Environment
Programme: 1-44, [http://www.iisd.org/pdf/2009/conflict_peacebuilding.pdf]
Moravcsik, A. (1997) Taking Preferences Seriously: A Liberal Theory of International
Politics 51, International Organization, Pp. 513 53.
Morgenthau, H, J. (1991). Politics Among Nations: The Struggle for Power. Kalyani
Publishers: New Delhi.
ONeill, K. (2009). The Environment and International Relations. Cambridge University
Press: Cambridge, USA.
Taliaferro, J. W. (Et. al) (Eds.) (2009). Neoclassical Realism, the State, and Foreign
Policy. Cambridge: Cambridge University Press, 2009, pp. 141 (esp. pp. 131)
Wendt, A. (1995). Constructing International Politics. 20 (1) International Security,
7181.
WBGU. (2008). World in transition: Climate Change as a security risk (summary for
policymakers). Earthscan Publication Ltd.: London.
[http://www.wbgu.de/fileadmin/templates/dateien/veroeffentlichungen/hauptgutachten/jg
2007/wbgu_jg2007_kurz_engl.pdf]

Websites:

Academic Information: http://www.academicinfo.net/poliscied.html


CaseNet International Affairs: http://csf.colorado.edu/CaseNet/index.html
Central Intelligence Agency: http://www.cia.gov/
Columbia International Affairs Online: http://www.ciaonet.org
http://www.ciaonet.org
Constitutions, Treaties, and Declarations: http://www.psr.keele.ac.uk/const.htm
Country Indicators for Foreign Policy:
http://www.carleton.ca/dcarment/presents/cifp/sld003.htm
Cold War International History Project (CWIHP): http://cwihp.si.edu/default.htm
Harvard Project on Cold War Studies: http://www.fas.harvard.edu/hpcws/
Earth Council: http://www.ecouncil.ac.cr/
United Nations Division for the Advancement of Women:
http://www.undp.org/fwcw/daw.htm

Teaching Method:

Teaching will be by discussion of each concept followed by explanation of the theories.


The main focus of teaching will be to explain the concepts and theories and examine
them in the context of emerging trends/issues in international relations. Students will be
encouraged to actively engage in classroom discussion. In addition to classroom teaching,
the group discussion/group work will be planned. Documentaries will be screened on
select issues related to international politics/relations.
Evaluation:

Follow university guidelines for end-term/mid-term examination scheme.


Emphasis on short writing and classroom presentation assignments during the term
along with end-term project-assignment (on issues related to IR) submissions
followed by viva-voce.
TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B. (HONS.) DEGREE COURSE
V SEMESTER

PAPER II Company Law I CODE: HACB


[Companies Act, 2013 to the read along with companies Act 1956]

Unit I

Evolution of Company Law Meaning of Corporate personality Nature of


Corporate Form Advantages and Disadvantages of corporate form Registration and
Incorporation Pre-incorporation contracts Kinds, Forms and Types of companies
including Foreign companies and MNCs - Defunct companies Conclusion.

Unit II

Memorandum of Association Clauses in the Memorandum Alteration of


Clauses Procedure & Registration of such alterations Articles of Association Its
contents Binding force of Memorandum and Articles Alternation of Articles
Doctrine of Indoor Management Scope and exceptions conclusion.

Unit III

Prospectus Meaning Contents of Prospectus and formalities of issue


Different kinds of Prospectus- Mis representation in the Prospectus & remedies for mis
representation- Civil & criminal Invitation for deposits Acceptance- Repayment-
First issue in Demat Form Promoters - Definition and importance Fiduciary position
Duties and liabilities of Promoters Conclusion.

Unit IV

Shares Allotment- Statutory restrictions on allotment Certification of shares


object and effect of Share Certificate-Transfer of shares Restrictions Judicial or Quasi
judicial interference in transfer matters Listed Public Companies and pre emptive
clauses Rectification of Register Spot delivery contract Application to Private
Companies Grounds for refusal under Securities Contracts Regulations Act 1956
Public Companies (Amendment of Sec 111 by Depositaries Act (Insertion of sec 111A in
1956 Act) SEBI Takeover code Procedure for transfer and transfers contravening the
procedure Depository Scheme Nature of scheme Return as to allotment Issue of
shares at a discount and at a premium Sweat equity shares Underwriting commission
Brokerages Conclusion.
Unit V

Shareholders and Members Modes of becoming a member Cessation of


Membership Persons who could became Members Liability of members Calls on
shares Forfeiture of shares & Surrender of shares Register of Members Share
Capital kinds of share capital Ordinary shares and Preference shares Alteration of
capital Reduction of capital Shareholders pre-emptive right or rights shares
Variation of Shareholders rights a class rights Share warrants Purchase by company
of its, own shares Buyback of shares Prohibition of buy back in certain circumstances
Register of bought back Securities Conclusion.

Books for Reference:

1) Palmer: company law


2) L.C.B. Gaver: Company Law
3) S.M. Shah: Lecturers on Company Law
Books prescribed for study:

Company Law : Dr. Avtar Singh


TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B. (HONS.) DEGREE COURSE
V SEMESTER

PAPER III Property Law CODE: HACC


(PROPERTY LAW INCLUDING EASEMENTS ACT AND LAW OF TRUST)

Objective of the Course :

Possession and Title over property is a connecting factor for family, social, cultural,
religious and philosophical aspects of human beings. The course exposes the students to
various general principles of the transfer of immovable property. The course also covers
various modes of acquisition and extinguish of the easementary rights and license. The
course also covers various aspects of Law of Trust including forms of registration of
deeds and methods collection and payment of stamp duty for the deed. Contribution of
courts to develop this branch of law is adequately exposed.

UNIT - I : General Principles of Transfer


Concept of Property - Definition - Kinds of Interest - Conditional Transfer Transfer in
favour of Unborn person - Nemo dat quad non habet and its exceptions - Doctrine of
Election - Ostensible Owner- Feeding the Grant by Estoppel - Improvement made by
bonafide purchaser - Lis pendens - Fraudulent Transfer - Doctrine of Part Performance

UNIT - II : Specific Transfers


A. Transfer of Absolute Interest
1. Sale : Definition - Kinds of Sale - Rights and Liabilities of Seller and Buyer
2. Gift : Definition - Onerous Gift - Universal Donee - Beath-Bed-Gift - Modes for
Suspension and Revocation of Gift.
3. Exchange :
B. Transfer of Limited Interest
1. Mortgage : Meaning - Kinds of Mortgages - Redemption - Rights and Liabilities of
Mortgagor and Mortgagee - Doctrine of Marshalling - Subrogation.
2. Charge
3. Lease : Meaning - Rights and Liabilities of Lessor and Lessee - Determination of
Lease - Holding Over
4. Actionable Claim
UNIT III : Indian Easements Act

Definition - Acquisition of Easement - Easement of Necessity & Quasi Easements -


Easement by Prescription - Extinction, Suspension and Revival of Easements -
Difference between Easement and License.

UNIT - IV : Indian Trust Act

Definition - Duties and Liabilities of the Trustee - Rights, Powers and Disability of the
Trustee - Rights and Liability of the Beneficiary - Extinction of Trusts

UNIT - V : Indian Registration Act and Indian Stamp Act


Statutory Materials:

Transfer of Property Act, 1882


Easements Act, 1882
Indian Registration Act, 1908
Indian Stamp Act, 1899
Indian Trusts Act, 1882

Books Prescribed :

1. Vepa P. Sarathi : Law of Transfer of Property Act


2. Dr. Avtar Singh : The Transfer of Property Act
3. Justice P. S. Narayana : Transfer of Property Act
4. Shah : Principles of Transfer
5. G.C.V. Subba Rao : Law of Property

Books for Reference :

1. Mulla - Transfer of Property


2. Mitra B.B. - Transfer of Property
3. Goyle - Transfer of Property
4. Krishna Menon - Transfer of Property
4. Dr. Sir H. S. Gour - Commentary on Transfer of Property Act
5. Khatiar - Law of Easements
6. W.Friedmann - Law in a Changing Society

*******
TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B. (HONS.) DEGREE COURSE
V SEMESTER

PAPER IV Labour Law I CODE: HACD

Unit I
Introduction Meaning of Industrial Relations Object and scope of Labour
Legislation Concept of Master and servant yielding place to Employer Employee
relationship Prevalence of Laissez faire policy State Regulation of Labour
Legislations Necessity significance of Collective Bargaining Standards set up by ILO to
govern Industrial Relations.

Unit-II
Industrial Disputes Act, 1947: Object of the Act Significance of the terms used
in the Definition section Concepts of Strike, Lock out. Lay-off, Retrenchment &
Closure - various machineries provided to deal with Industrial Disputes Awards and
Settlements Protection to workmen during pendency of proceedings Reference power
of the Government Voluntary Arbitration Unfair Labour Practices.

Unit III
Trade Unions Act, 1926: Trade Unionism in India Definition of Trade Union
and Trade Dispute Registration of Trade Union-Legal status of a Registered Trade
Union Mode of Registration Powers and Duties of Registrar Cancellation and
dissolution of a Trade Union Procedure for change of name Amalgamation of trade
unions Office areas of the Trade Union Their Powers and Functions Funds of the
Trade Union Immunities granted to Office Bearers Recognition of Trade Union and
Collective Bargaining.
Unit IV

Industrial Employment (Standing orders Act,1946): Concept Nature Scope


of Standing Orders Procedure for Certification conditions for Certification Appeals
against Certification Binding nature and effect of Certified Standing Orders Date of
Operation of the Standing Orders Posting of Standing Orders Modification and
temporary application o the Model Standing Orders Interpretation and enforcement of
Standing Orders Penalties and procedure.

Unit V
The Workmens Compensation Act, 1923: Object of the Act Workmen
covered by the Act Liability of the employer to pay compensation Accident arising
art of and in the course of employment Notional Extension of Employers premises
Personal Injury Occupational diseases calculation of compensation Principal
Employers right of Indemnity Powers and functions of the Commissioner.
Book for Reference:
1. Industrial Disputes Act - O.P. Mahapatra
2. Law relating to Trends Unions-Srivatsava
3. Industrial Employment (Standing Orders) Act, 1946 Srivatsava
Book prescribed for study:
1) Labour Law-V.G. Goswani
2) Labour and Industrial Law-S.N. Mishra
3) Labour and Industrial Law- Madhava Pillai
Statutory Materials:
1) Industrial Disputes Act, 1947
2) Trade Unions Act, 1926
3) Industrial Employment (Standing Orders) Act, 1946.
TAMILNADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
B.A., LL.B. (HONS.) DEGREE COURSE
V SEMESTER

PAPER V Administrative Law CODE:


HACE

OBJECTIVES OF THE COURSE

To give an overview of this course and to deal with the nature and scope of
Administrative Law. To make the students understand the powers, functions and the
limits to control the abuse administrative authorities of global administrative law. To
focus on the role of the courts in protecting the rights of individuals against abuse of
power by the administration with the help of relevant case laws.

Unit I

Introduction - Nature and scope of Administrative Law - Constitutional Law and


Administrative Law - Rule of Law - Droit Administratif - Separation of Powers -
classification of Administrative action - Quasi-Legislative Function - Quasi-Judicial
Function - Administrative Function - Difference between quasi judicial and
administrative action

Unit II

Meaning and extent of delegation of legislative power- Classification of delegated


legislation- Constitutionality of delegated legislation - Control of delegated legislation:
Judicial control- Procedural safeguards - Legislative controls laying requirements,
parliamentary committees on subordinated legislation- Administrative Directions -
Principles of Natural Justice - when it can be claimed? - Effect of Failure of Natural
Justice - Right to Hearing Pre and Post Decisional Hearing- Power of Investigation and
Inquiry.
Unit III
Fundamental Rights - Nature of Administrative discretion - Ground and Extent of
Judicial Review - Judicial review of administrative action - Writs - grounds -
Administrative Tribunal- Merits and Demerits of Administrative Tribunal - High Courts
Superintendence over Tribunals - Appeal to Supreme Court by Special Leave - Judicial
Remedies.

Unit IV
Government Privileges in Legal Proceedings - Government Contracts - Article 299 (1) -
Formation - Estoppel and Waiver - Tortious Liability - Damages and Compensation - Act
of State - Restitution.

Unit V
Public Corporations- Rights, Duties and Liabilities of Public Corporations- Controls over
Public Corporations, Government Control, Parliamentary Control, Judicial Control,
Public Control - Position of Public Undertaking under Special Laws - Role of
Ombudsman in Public Undertaking- Lokpal- Lok Ayuktha and Central Vigilance
Commission- Official Secrecy - Right to Information - Judicial intervention.

Books Prescribed for study


1. M.P. Jain and S.N. Jain : Principles of Administrative Law
2. C.K. Takwani: Administrative Law
3. Kailash Rai: Administrative Law
4. S.P. Sathe: Administrative Law
5. I.P. Massey: Administrative Law
Books for Reference
1. Wade: Administrative Law
2. De Sunity: Administrative Law
3. Markose: Judicial Control of Administrative action
4. Griffiter and Street: Administrative Law
5. D.D. Basu: Constitution of India
6. M.P. Jain: Indian Constitutional Law
7. Report of the Committee of Ministers power Franks Committee Report.
8. Reports of the Law Commission.
9. Indian Law Institute: Cases and materials of Administrative Law.