Handbook-2017 42355 PDF

HAND BOOK
ON
[Syllabi, Rules, Guidelines]
Distance Education
Programmes
Distance Education Department

National Law School of India University
Nagarbhavi, Bengaluru - 560042
Phone: 080-23160524 Fax: 080-23160529, 23160534
Direct : 080-23160524 / 529
http://ded.nls.ac.in
Email: ded@nls.ac.in
National Law School of India University, 2017
Published by :
The Registrar
National Law School of India University
Distance Education Department
Nagarbhavi, Bengaluru - 560 242 (560 072)
Ph: 080-23160524, 23160532/33/34/35
Telefax: 91-80-23160529
Website: http://ded.nls.ac.in
Email: ded@nls.ac.in
Printed at:
Sri Manjunatha Printers
Vijayanagar, Bengaluru-40.
ii
CONTENTS
1 - About National Law School of India University 1-7
2 - General Information about Distance Education
and the Courses Offered 9 - 24
3 - Rules / Regulations Governing Distance
Education Courses 25 - 27
4 - Introduction to Master of Business Laws 29 - 70
5 - Syllabus of Post-Graduate Diploma in
Human Rights Law 71 - 82
6 - Syllabus of Post Graduate Diploma in
Medical Law and Ethics 83 - 96
Environmental Law 97 - 111
Intellectual Property Rights Law 113 - 126
Child Rights Law 127 - 139
Consumer Law and Practice 141 - 163
Cyber Law and Cyber Forensics 165 - 182
12 - Guidelines for using the Study Materials 183 - 186
13 - A Brief Guide to Legal Research 187 - 207
14 - Model Answers 209 - 219
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1
ABOUT
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
Ÿ An Institution of Excellence in Legal Education and Research

The concept of a National Law Institution to act as a “pace-setter and a testing
ground for bold experiments in legal education” came up before the Bar
Council of India in the context of the Council’s statutory responsibility under
the Advocates’ Act, 1961 for maintaining standards in professional legal
education. The idea was transformed into reality by the Legal Education
Committee of the Bar Council of India and eventually assumed the character
of an autonomous institution with “Deemed University” status from the
University Grants Commission. The co-operation of the Karnataka
Government and the Bengaluru University and the initiatives of senior
members of the Bar Council of India as well as that of Karnataka State Bar
Council gave the project distinct possibilities of realisation. The idea gained
more supporters in course of time both within and outside the Council who
worked at different levels to establish the institution in the interest of better
legal education and higher standards of legal research and training. The
promoters of the institution finally succeeded after thirteen long years of
suspense and uncertainty, when the Karnataka Government established on
August 29, 1987 through a Gazette Notification, the National Law School of
India University at Bengaluru under the National Law School of India Act
(Karnataka Act 22 of 1986).
The Act is a unique piece of legislation, which incorporates complete
administrative and academic autonomy together with flexibility for innovation
and experimentation in the pursuit of excellence by the University.
1
HAND BOOK ON DISTANCE EDUCATION PROGRAMMES
By and large, the management of the institution rests with the organised legal
profession of the country. Outside the mechanism of administration of
justice, the National Law School is, perhaps, the best example of Bar-Bench
co-operation in the field of Law in India today. The Chief Justice of India, as
Chancellor of the School and the Chairman of the Bar Council of India as
Chairman of the General Council of the School provide a stature and prestige
which has few equals in the history of legal education in the country. A large
number of Retired judges of the Supreme Court and High Courts as well as
senior advocates have offered to assist the school in its teaching and research
programmes making education at NLSIU a rare and truly exciting experience
to the students seeking legal education.
Through the ages, civilization has developed techniques for establishing order
in social relationships and resolving disputes amicably. The lawyer brings to
these techniques a professional talent and expertise acquired in law school and
nurtured through experience. There cannot, therefore, be a proper answer to
the question as to what is the ideal pre-law education for the law student.
Education at the National Law School, although based on a rich heritage of
legal thought and tradition, provides a wide spectrum of instructions not
comparable to legal education elsewhere. While law is studied as a professional
discipline with emphasis on analytical and reasoning abilities as well as on
practical skills, the Law School is concerned with the propagation of law as a
socio-cultural phenomenon.
The legal process is a part of the social process. Every legal problem arises in
its own unique setting of Political and Economical environments. It is in this
sense that the NLSIU offers integrated legal education where law and other
behavioural disciplines are seen in the context of their functional inter-action
in society. The substance of these disciplines and their concerns are carried
appropriately in the syllabi of the course of study prescribed at the National
Law School.
The School is expected to advance and disseminate knowledge of law and legal
processes in the context of National development. In other words, the School
shall endeavour to look at law as an instrument of social development and
human well-being. This major focus of the School’s curriculum is on the study
of law from broader socio-cultural perspectives and developmental needs.
2
1 : About National Law School of India University
Therefore, one of the primary objects of the School is to inculcate in every

student a sense of responsibility towards society and respect for human life
besides developing in them the highest standards of professional behaviour
and personal integrity.
The National Law School of India University is open to all persons irrespective
of sex, race, caste, class or religion. Its faculty and student body are drawn from
all over India and abroad, purely on merit. However, it does reserve seats in
admission to the courses for Scheduled Castes and Scheduled Tribes students
according to the Constitutional prescriptions.
The University is a residential institution with only one campus at Bengaluru.
At the under-graduate level, it offers the five-year integrated B.A., LL.B.
(Hons.) Programme for students after passing the Higher Secondary School /
Pre-university or its equivalent examination. At the post-graduate level it offers
LL.M., M.Phil. and LL.D. programmes in law and Ph.D. programme in social
sciences. Besides the regular teaching programmes, the University in
collaboration with the Bar Council of India and other organizations conducts
workshops, conferences, training programmes, etc., periodically for practicing
advocates and executives of corporate bodies on themes of topical and
professional interest. It also holds seminars for Lawyers, Judges and social
activists.
The University is one of the centres recognised by the University Grants
Commission for conducting Refresher Courses for law teachers.
At present the University is also organising Distance Education programmes
for wider dissemination of legal knowledge. The first of such programmes, a
Master’s Degree in Business Laws (MBL) was started in April 1994. Over 1000
candidates from all over the country register for this course every year.
Diploma Programmes in Human Rights Law and Practice, Medical Law &
Ethics, Environmental Law, Intellectual Property Rights Law, Child Rights,
Consumer Law and Practice and Cyber Law & Cyber Forensics is also offered
through distance education. These programmes are open to graduates of all
disciplines.
3
About the VICE-CHANCELLOR, & Incharge Director NLSIU
Prof. (Dr.) R. Venkata Rao, born on 15th March,

1954, is the Vice Chancellor of the National Law
School of India University, Bengaluru. He assumed
the office of the Vice Chancellor of National Law
School of India University, Bengaluru in May, 2009.
His Academic Qualifications are B.A.(Hons.) Litt.,
M.A. (Litt), M.L. and Ph.D.
Prof. Rao has served for 31 years in the Faculty of Law,
Prof. (Dr.) R Venkata Rao Andhra University in various capacities as the Dean,
Faculty of Law, Principal, University College of Law,
Chairman, Board of Studies, Law and Head of the Department of Law. He was the
Director of Centre of Criminal Justice, Andhra University from 1997-2009. He also
served as the Dean, Students’ Affairs, Andhra University and as the Officer on Special
Duty, Andhra University. He also served as the Member of Executive Council of
Andhra University from 2005 to 2007.
He has served as
1. Vice President, Indian Society of International Law, New Delhi,
2. Member, Academic Committee of Indian Institute of Public Administration,
New Delhi,
3. Member, Council, Indian Institute of Science, Bengaluru ,
4. Member, Academic Council and General Council of NALSAR, Hyderabad.
He has been associated with several prestigious bodies like Union Public Service
Commission (UPSC), New Delhi, University Grants Commission (UGC), New
Delhi, National Assessment and Accreditation Council (NAAC), Bengaluru, several
Ministries in the Government of India, several Universities in India and abroad as
Expert in various committees.
He served as Chairman, Board of Governors, Asian Law Institute (ASLI) for the year
2010-2011.
He has been an Independent Director in prestigious Public Sector Undertakings like:
Bharat Electronics Ltd (BEL), Bengaluru (December 2010 to December 2013).
Hindustan Aeronautics Ltd (HAL), Bengaluru (March 2011 to March 2014).
At present he is an Independent Director in Goa Shipyard Ltd, Goa and a member,
Board of Governors, Indian Institute of Corporate Affairs (IICA), New Delhi.
He is also a member of Legal Education Committee and the Equivalence Committee
of the Bar Council of India. He was a member of the Task Force Committee
constituted by the Government of India for suggesting reforms in the modernization
and self-reliance of Defence Sector.
4
About The Registrar, NlSIU
Prof. (Dr.) O.V. Nandimath, currently Registrar of

NLSIU is a Professor of Law. He is also heading the
HAL Defence Public sector Chair in Business Law.
He did his LL.B., LL.M. and Ph.D (Law) from
Karnatak University.
Dr. Nandimath’s areas of specialization include
Banking Law, Law of Contracts, Finance Sector
Regulation, Environmental Law, Medical Law &
Ethics, Tort Law and Consumer Protection. Prof. (Dr.) O.V. Nandimath
His awards and recognitions include:

Ÿ Fulbright Fellowship, Wallace Stegner Fellowship (University of Utah, USA
(2006)),
Ÿ Chevening Fellowship (jointly offered by Bradford University and University of
Manchester, United Kingdom (2001))
Dr. Nandimath has served as visiting faculty in many international universities
and working teams:
Ÿ Visiting faculty at the Law School, University of Warwick, United Kingdom
(1999)
Ÿ Visiting academic fellow at Cardiff Law School, University of Cardiff, United
Kingdom (2003)
Ÿ Legal consultant and team member of the expert team constituted by
Government of Karnataka to study (and suggest reform measures) the public
health scenario in Thailand and Malaysia (2005)
His publications include: Environmental Decision Making in India – An EIA Model –
Source book - Oxford University Press Publication (2009); Enforcer’s Training
Manual in Hazardous Waste and Management Law – (training manual) principal
author with Mrs. Sumita Rao, Research Assistant, Centre for Environmental Law
Education Research and Advocacy – CEERA & Ministry of Environment and
Forests Publication (2004); Environmental Law Handbook for Law Practitioners –
resource text book & training manual – principal author with Mr. Sairam Bhat,
Research Assistant, Centre for Environmental Law education Research and
Advocacy.
5
1 : About National Law School of India University
Assistant Coordinator
Ms. Arpitha H.C is currently Assistant Professor

of Law. She completed her B.A. LL.B (Hons.) from
Bengaluru University in the year 2008 and LL.M.
from NALSAR University of Law, Hyderabad in the
year 2010. Her Masters Degree was for her research
on “Competition Issues related to Mergers and
Acquisitions”.
Ms. Arpitha H C
Currently, she is the Assistant Coordinator of
Distance Education Department. She has been the
Assistant Editor for the Book titled “Contracts. Agreements and Public
Policy”. She has presented research papers at International and National
seminars, conferences and workshops.
Her research interests include Corporate Laws, Competition Laws, Contract
Law, Health Law and Right to Information.
6
STAFFS OF DISTANCE EDUCATION DEPARTMENT
Ms. Susheela Suresh

Facilitator
Ms. Geetha Y C Mr. Lingaraj

Office Assistant Office Assistant
Ms.Tulasi Mr. Nagaraj.R Mr. Yogesh

Office Support Office Support Office Support
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8
2
GENERAL INFORMATION ABOUT DISTANCE

EDUCATION AND COURSES
Ÿ The National Law School of India University (NLSIU) :

Imparts legal education, training and professional skills through Regular
courses of 5 year B.A., LL.B.(Hons.) and 1 year LL.M. programme.
Encourages and guides students for M.Phil., Ph.D., LL.D.
Offers and encourages graduates to take up Law related courses by
DISTANCE EDUCATION MODE. The NLSIU has carefully planned to
disseminate learning and knowledge in the chosen field of law, to students who
cannot attend college regularly or who could not get admissions in colleges and
those who are living in remote and distant areas. Therefore, at present, 7
courses are available in the Distance Education Mode (i.e. correspondence
course).
The courses offered :
1. Two year Post Graduate Degree in Master of Business Laws (M.B.L.)
2. One year Post Graduate Diploma in Human Rights Law (PGDHRL)
3. one year Post Graduate Diploma in Medical Law and Ethics
(PGDMLE)
4. One year Post Graduate Diploma in Environmental Law (PGDEL)
5. One year Post Graduate Diploma in Intellectual Property Rights Law
(PGDIPRL)
6. One year Post Graduate Diploma in Child Rights Law (PGDCRL)
7. One year Post Graduate Diploma in Consumer Law and Practice
(PGDCLP)
8. one year Post Graduate Diploma in Cyber Law and Cyber Forensics
(PGDCLCF)
9
These courses can be pursued by graduate of any discipline from a recognized

University. For seeking admission no age limit or minimum pass marks are
prescribed.
Applications complete in all respects should be accompanied by:
1) Two (2) copies of recent photographs (Passport size each).
2) Copy of the degree certificate issued by the concerned University duly
attested by any Gazetted Officer of State or Central Government or
Notary.
3) Demand Draft for the prescribed amount including the admission fee in
favour of DED NLSIU Courses, payable at Bengaluru.
Note: In the event of non-availability of degree certificate/provisional
passing certificate issued by the University, a passing certificate issued by the
Principal of the college or attested copies of the marks sheets in respect of all
the years of the Graduate study should be furnished.
In the event of non-submission of the supporting documents, please note that
the application will be kept on hold till all such documents are submitted on or
before September (admission year) failing which the application will be
rejected. The candidate is eligible for refund of the course fee after deducting
30% of the amount towards processing charges.
The filled in application should be dispatched to the Director, Distance
Education Department, National Law School of India University,
Nagarbhavi, Bengaluru: 560 242 (560072)
• SPECIAL INSTRUCTIONS
1) When a candidate is admitted, he/she is given one Identity number and
the Identity Card (ID). Candidate should quote this number in all future
correspondence with the University.
2) Whenever the admitted candidate visits NLSIU Campus, he/she must
carry with him/her his/her Identity Card (ID) and it should be produced
on demand.
10
2 : General Information About Distance Education and Courses
NOTE:
a) Change of Course is not permitted once the admission formalities
are over.
b) Candidate will not be permitted to withdraw from the course after
admission.
c) The fee paid towards the course will not be refunded under any
circumstance.
FEE STRUCTURE
FOR MASTER OF BUSINESS LAWS (MBL)
Admission Fee ` 2,500/- (one time)
Course Fee – I MBL ` 30,300/-
Course Fee – II MBL ` 30,000/-
Late Fee for Admission ` 500/- after 31st July upto 30th September
FOR PG DIPLOMA IN IPR, MLE & CLCF

Course Fee ` 30,200/-
Late Fee for Admission ` 500 after 31st July upto 30th September
FOR PG DIPLOMA IN HRL, EL, CRL & CLP

Course Fee ` 11,200/-
Late Fee for Admission ` 500 after 31st July upto 30th September
11
ADMISSION PROCEDURE
• Candidates intending to enroll for admission shall submit the prescribed
application form duly filled in on or before the prescribed last date.
• All admissions will ordinarily be completed by 30th July of the academic
year concerned. The course will commence from 1st July of each year.
However, in exceptional cases the Vice-chancellor may permit admission
till 30th September of the concerned academic year on payment of a late
fee of Rs. 500/-
FEE COMMON TO ALL COURSES :
1. Examination fee ` 500/- (per paper)
2. Dissertation fee ` 500/- (for diploma students only)
3. Late fee ` 300/- (on a whole be it One Paper or
Four Papers)
4. Duplicate ID ` 200/-
5. Change of Name ` 100/-
6. Continuation fee ` 2500/- (per Year)
7. Extension fee ` 5000/- (per Year)
8. Revaluation fee ` 800/- (per paper)
9. Copy of Answer Script ` 750/- (per paper)
10. Provisional Degree Certificate ` 500/- (if required before convocation)
11. Convocation (in person) ` 1,500/-
12. Convocation (in absentia) ` 2,000/-
Refund of fees: Fee once paid will not be refunded under any
circumstances.
Note:
1) The Demand Draft (DD) should be drawn in favour of DED NLSIU
courses” payable at Bengaluru, for the fee prescribed.
2) Fees are subject to change from time to time as notified by the University
Authorities.
EXAMINATION PARTICULARS
Each student is expected to write an examination in each paper at the end of
the year, which will be held at Bengaluru, Pune, Delhi and Kolkata. Each
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examination Paper would carry 100 marks.

- Annual Examinations for all distance education courses will be held in
the month of June every year after completion of the course / year.
- Supplementary Exams: Supplementary Examinations are conducted in
the month of December / January for those students who could not
appear for the annual examination or for those students who could not
clear all the papers.
Note:
1. A candidate has the option of writing all or some of the papers in the
annual examination or all papers in the supplementary examination.
2. Whenever the candidate is repeating an examination, he/she can appear
either in June or December of subsequent years within the total span of
the programme.
Scheme of Examinations: To write in - class examination for each paper
Master of Business Law (MBL) I & II year :
- Five (05) Theory Papers each for 100 marks (for duration of 3 hours) in
each year.
All Post Graduate Diplomas:
Four (04) theory papers for each course, each paper carrying 100 marks and a
dissertation on the suggested topic for Paper V for the entire course. The
dissertation would carry 80 marks. Students are required to take an oral exam-
viva voce, which will be based on the dissertation they write.
Students are expected to write a dissertation on their chosen topic (from the list
of topics provided in the Hand Book) . The dissertation should approximately
be of about 80-100 A4 size pages in 1.5 spaced typing) The dissertation would
carry 80 marks and a viva voce of 20 marks. Dissertation should be submitted
along with examination form.
Dissertation can be submitted any time during the course of their study
(1+2+2) for any of the annual / supplementary examination. As and when the
candidate clears all the five papers, the diploma will be awarded.
Note:
1. Student of Postgraduate Diploma course who have enrolled for multiple
Diploma Courses shall be required to appear and pass the Paper-1 namely
13
“Introduction to Law and Legal Systems” which is common to all

Diploma courses only once under any of the diploma course enrolled.
The PASS CREDIT in respect of the common paper will be transferred
to all other postgraduate diploma courses being pursued by the student.
2. If a Student fails to clear the dissertation, the student will be permitted to
improvise on the same topic or change the topic in the respective subject
and submit / resubmit the dissertation and needs to appear for the viva
again in the subsequent examination.
Examination Schedule: The Schedule which indicates the date and time of
examination for each course is notified on the university’s website http://
ded.nls.ac.in
Note: As there would be over lapping in the examination, students
enrolled for 2 courses simultaneously are advised to choose one of them
in that examination and the other course in the next examination (i.e. June
or Dec/Jan)
Examination form: It is a pre-requisite for the students to submit the
examination form for taking examination for any course. The examination
form is to be downloaded from the website. The filled in examination form is
to be sent to the Director, Distance Education Department, National Law
School of India University, Nagarbhavi, Bengaluru 560 242 (560 072) with the
requisite fee mentioned in the examination schedule.
Examination Centre: Apart from Bengaluru, we have examination centres at
Delhi, Pune and Kolkata for all the courses.
Declaration of Results: All efforts will be made to declare the result in time.
The students are requested to check the website regularly for results/
notifications.
Re-valuation of Answer Script(s): Any student who has scored less than 50
marks in the examination may apply for re-valuation within 15 days from the
date of declaration of results i.e., the date on which the results are made
available on the University’s website on payment of `. 800/- per course by
means of demand draft drawn in favour of NLSIU, DED Courses , payable at
Bengaluru.
Note: No student who has secured 50 marks or above in any of the
examination is allowed to reappear in the examination or resubmit for
revaluation for improving the marks/grade.
14
Standard of Passing:
• To evaluate the performance, grading system is followed. Minimum B
grade (50% marks) is required to be obtained. The Cumulative Grade
Point Average (CGPA) should be an aggregate of 3.00 out of 7.00 for
completion of the course.
Revaluation: The evaluated answer script will be sent to a different examiner.
If there is a difference of 15 marks in the total marks between the first
examiner and the second examiner then the paper would be sent to a third
examiner. In case the answer script is subject to third evaluation, the best of
two marks will be considered for average. If the difference is less than 15 marks
of the total marks then the average of the two evaluations will be awarded to
the candidate.
• The student who gets below 50% marks (F grade) may reappear for the examination
during the supplementary examination, which will ordinarily be held in the month of
December/January in the following academic year or in the subsequent examinations.
Method adopted for calculation of Cumulative Grade Point Average (C.G.P.A)
Example: Suppose a student has obtained grades as under:
Papers Grade Obtained Grade Value
I B 3
II A+ 6
III B+ 4
IV B+ 4
V B 3
Total 20
Cumulative Grade Point Average on the seven point scale (CGPA)=4
The mode of calculation of the CGPA will be as follows:
Grade Value divided by total number of subjects = CGPA
In the above case, the CGPA will be 4. Minimum B grade (50% marks) is
required to pass a paper. In the case of MBL course, the overall CGPA will be
calculated on the basis of the average of PART-I and PART-II. A minimum
Cumulative Grade Point Average (CGPA) of 3.00 is necessary for completion
of the course.
15
The evaluation will be through grades on a seven point scale with the
corresponding grade value as follows:
Percentage of Marks Grade Grade Value
(i) 70% and above O 7 (Outstanding)
(ii) 65% to 69% A+ 6
(iii) 60% to 64% A 5
(iv) 55% to 59% B+ 4
(v) 50% to 54% B 3
(vi) Less than 50% F 0
AWARD OF THE DEGREE

A candidate shall be eligible for the award of the degree only when s/he has
successfully passed all the prescribed papers, obtained a C.G.P.A. of three and
above out of seven.
GOLD MEDAL FOR M B L PROGRAMME
Late P.K. Das Memorial Gold Medal for the best outgoing student in Master
of Business Law (MBL) has been instituted by Prof. N.L. Mitra, Former
Director & Visiting Professor, NLSIU, Bengaluru, the criteria is a follows:
(1) A candidate admitted in the year 2016 is expected to complete I year
MBL (all the five papers) in June 2017 Examination (even if the
candidate goes for revaluation in that particular examination should be
considered as the candidate would be challenging the evaluation) and
should complete II year MBL in June 2018 only. (i.e course duration)
(same applies with regard to revaluation with respect to IIyr as well) and
in order of Merit who has scored highest CGPA.
(or)
(2) If a candidate does not meet the requirements of Sl.(1) then it may be
considered that the candidate admitted during the year 2016 fail to
appear in June 2017 examination, may appear for the I year MBL
examination in December 2017 Examination. The candidate should
clear all the five papers prescribed for Iyear (even if the candidate goes
for revaluation in that particular examination should be considered as the
candidate would be challenging the evaluation) and should complete II
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year MBL in June 2018 (i.e course duration) (same applies with regard to
revaluation with respect to IIyr as well) and in order of Merit who has
scored highest CGPA.
In either case the candidate is expected to clear all the five papers prescribed for
first year either in June or December and the second year in the June itself.
Even if the candidate has clears all the five papers beyond the course
period/extended period will not be eligible for the award of Gold Medal.
TIME LIMIT FOR COMPLETION OF COURSES

The Distance Education Committee of National Law School of India
University, Bengaluru permits students of MBL to complete their course
within Eight years (2+3+3) and Diploma students within five years (1+2+2)
after admission
• MBL: M.B.L. is a two year course. Every candidate admitted to the course
shall pay the prescribed fees at the time of admission. If a candidate is
required to continue the course beyond the second academic year because
of his/her non-fulfilment of the prescribed requirements for the award
of the degree, he/she will be permitted to continue for the subsequent
three academic years or till all the requirements are completed whichever
is earlier by paying a continuation fee as prescribed for each year.
• After a period of five years if the candidate is still not able to clear the
course s/he may be given an extension of another 3 years by paying
Rs.5,000/- per year for the subsequent three years as extension fee
provided, s/he should have cleared 50% of the papers (out of total
number of Papers prescribed) from MBL I & II yrs.
At the end of the eighth academic year, if the candidate fails to fulfil all the
requirements for the award of the degree, the admission stands
automatically cancelled.
Note : Candidates admitted to First Year programme are eligible for
promotion to Second Year even if s/he fails or does not appear for any or
all the papers of First Year. However at the end of the 1st academic year a
candidate has to remit the II year fee Rs.30,000/- (Rupees Thirty
Thousand, only), to be paid between 1st June to 31st August) and can
continue studies in II MBL. At the end of Second year the candidate can
appear for both the First year as well as the Second year Examinations.
17
• P.G.Diplomas: Post Graduate Diploma is a 1 year course. Every

candidate admitted to the course shall pay the prescribed fees at the time
of admission. If a candidate is required to continue the course beyond
one academic year because of his/her non-fulfilment of the prescribed
requirements for the award of the degree, he/she will be permitted to
continue for the subsequent two academic years by paying a continuation
fee as prescribed for each year (prevailing fee Rs.2,500/-).
After a period of three years if the candidate is not still able to clear the
course s/he may be given an extension of another 2 yrs by paying
Rs.5,000/-per year for the subsequent two years as extension fee
provided, s/he should have cleared 50% of the papers (out of the total
number of theory papers prescribed)
At the end of the fifth academic year if the candidate fails to fulfil all the
automatically cancelled.
TEACHING METHODS AND APPROACHES

Taking note of the diversities in the background and interests of participants
in the program, the University has adopted a flexible, yet standardized
package in teaching/learning. This will help to adapt the course to suit the
professional needs of lawyers, judges, teachers, administrators, police, social
workers and activists and even business people. Distance Education is
essentially a self-study programme and the University’s role is limited to giving
supportive guidance and providing periodical assessment of progress in
learning through examinations. As such, the syllabus is given in detail with
descriptions of objects of each paper and the list of materials relevant to each
subject/sub-topic.
• The Course is largely based on self-study and the University’s role is to

suggest methods of study, inform students about available sources of
information for reference and examine the performance according to
regulations. The University does not undertake to supply the exhaustive
reading materials though it shall endeavour to provide the basic materials
meant only for private circulation, human rights instruments and certain
books necessary for the course.
• All efforts will be made by the University to clarify doubts and respond to
questions from students expeditiously by post/email/Phone.
18
The University provides some sets of material, which are essential, but
students will have to seek the help from libraries or bookshops and the
University will give assistance if there are genuine difficulties in procuring the
materials. In addition to providing reading materials, the University organizes
contact programmes the schedule of which will be sent along with the study
material. These contact programmes intend to help the students to interact
with the faculty and facilitate their dissertation writing, and also to give them an
opportunity to feel and understand the academic environment of NLSIU.
• A set of prescribed study materials carefully selected and prepared by a
team of teachers associated with the respective teaching and research at
NLSIU, will be supplied to each registered student of the Course.
• As the course is offered under the distance education mode, it is generally
expected that the students will carefully read the prescribed study
materials provided on their own.
CONTACT PROGRAMME
Contact Class Schedule: Contact Classes (presently, only at Bengaluru) will be
held on II Saturday & Sunday of every month for MBL & IV Sunday for
Diploma courses (as notified by NLSIU) - Attendance in the Contact Class
Programme is NOT MANDATORY. For the candidates’ reference, the
complete schedule of Contact Classes for the academic year is notified on the
website.
CAREER PROSPECTS IN DISTANCE EDUCATION COURSES
I. MBL - Persons who complete MBL have vast career opportunities in
Business, Investment and Service organizations like Corporate and
Banking sectors, Industries & Factories, Marketing Organizations, Retail
Chains, Healthcare/Pharma industries, Hospitality sector, IT sector and
sundry Business/Commercial Establishments. They can work as Legal
Advisors, Law Officers, Legal Assistants, Arbitrators and Mediators.
They can be Liaison persons on all corporate legal matters concerning
Government Departments, Regulators and various Law Agencies. They
have prospects of working on Environmental Laws, Intellectual Property
Rights, International/Foreign Trade, Taxation Policies, Contracts,
Mergers & Acquisitions, implementation of Business and Corporate
Laws etc. However, an MBL graduate cannot practice in a Court of Law
without L.L.B. degree.
Business establishments look for persons having requisite knowledge and
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skills who can add value to their businesses for which MBL course is
eminently suited.
The Legal Education Committee of Bar Council of India, New Delhi has
recognised MBL Degree of NLSIU, Bengaluru for teaching in Law
Colleges. (BCI letter No.BCI:D:388/2004 dt:08th March 2004 issued to
the Registrar, NLSIU). MBL holders can apply for Ph.D Programme at
NLSIU.
II. PGDHRL - The course is aimed at sensitizing people about the Human
Rights. In the current scenario every section of the society, particularly
those exercising public power and those in and outside the Government,
there is an urgent need for understanding the value of human beings and
the importance of adopting more humane approach to problems.
Post-graduate diplomas are essentially supplementary qualifications, and
are intended to impart specialized knowledge and skills. PGDHRL aims
to impart human right values and skills to operationalise them in everyday
life. It provides the necessary understanding regarding the legal remedies
available for various sections of people. The course thus could be of
significant use for those who desire to be active in various walks of public
life such as lawyers, police personnel, administrators, Non-Governmental
Organization (NGO) personnel. The course could also be useful for
those who aim at subsequent specialization in human rights in higher level
degree both in India and abroad. PGDHRL could be a value added
qualification for persons of any background.
III. PGDMLE - This course is aimed at equipping medical practitioners,
para-medical professionals and medico-legal scholars with all the laws
that are required to be known to him/her, for proper and effective
discharge of the duties in Hospital Administration. The course will be of
immense help to the Hospital authorities, medical practitioners and
hospital owners who may violate the law unknowingly, to avert the
conflict and enable them to be useful and effective as health care
deliverers, to the society.
IV. PGDEL - This course is the first of its kind. It offers career prospects in
Private, Government, (both at National & International), non-
Governmental organizations. It enables a Graduate to have a
comprehensive overview of the Environmental Laws and Governance,
at local, regional & International levels. Government and other
organizations are encouraging and sponsoring candidates for the course.
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Candidates who complete the course can open up consultancies. Those

who are lawyers can take up practice in Environmental Law. It is useful to
environmental activists. There will be a need for such Diploma holders in
NGOs, Industries, Hospitals, Pollution Control Boards and Ministry of
Environment. Candidates having this Diploma will have an edge over
others, in the above jobs.
V. PGDIPRL - The realm of Intellectual Property Rights has gained
enormous relevance in the post globalization and liberalization period,
thus leading to tremendous opportunities in various career fronts. The
successful candidates have the prospect of being Intellectual Property
Rights Specialists in different fields such as the Intellectual Property
firms, Pharmaceutical Industry, Entertainment Industry, Biotechnology
Industry, Computer software industry etc. They can choose channels as
in-house advisors for different organizations. Options are also open to
become Patent Attorneys, Copyright Attorneys, Trademark Attorneys
and consultants. The course is tailored to suit the requirements and
aspiration of the business world.
VI. PGDCRL - A Post Graduate Diploma in Child Rights Law (PGDCRL),
from the National Law School of India University, a premier law
University in India, provides a rich array of career opportunities,
especially since it is the only one of its kind in India and the surrounding
Region. Though the Diploma on its own does not provide the necessary
qualification to practice in a Court of law, it is of immense value for a
citizen from any background having a basic graduate degree, who wishes
to play advocacy and lobbying roles to promote access to justice, equality
before the law and protect the human rights of children in any sphere.
This could be in various arenas such as public policy, legal settings, and
donor organizations or in any field of practice providing services for
children, whether State or civil society. These include various
Government Departments concerning children, NGOs, legal aid
organizations, educational institutions. Individuals aspiring to use the
human rights approach to trigger transformative social change, or work in
partnership with children and their families to ensure that their right to be
heard in judicial proceedings will find this course useful. Lawyers/
Practicing Advocates will find this course particularly valuable,
considering that most Law colleges/Universities in India do not devote
adequate attention to child rights law within its curriculum, if at all.
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Corporates committed to promoting Corporate Social Responsibility by

supporting programmes for children welcome persons with this
Diploma. Professionals, desiring to apply for statutory positions under
various laws such as the Juvenile Justice (Care and Protection of Children)
Act 2000, or the Commissions for Protection of Child Rights Act 2005
and having the requisite basic qualification and experience, will find this
course particularly attractive since it provides specialized knowledge in
these areas. The newly launched Integrated Child Protection Scheme
(2009) by the Ministry of Women and Child Development,
Government of India offers numerous opportunities as well.
The Right of Children to Free and Compulsory Education Act, 2010
poses numerous opportunities and challenges for educational institutions
as well as child rights activists to fulfill the vision of universal equitable
quality education, and this course provides the where-with-all to engage
effectively with these issues. It is also useful for those wishing to improve
their career prospects for promotions or to pursue higher education
through further specialization in human rights within India and abroad. A
wide range of individuals including ordinary citizens, home makers,
doctors, lawyers, representatives from civil society organizations,
members of Children’s Commissions from Mauritius, Juvenile Justice
Boards and Child Welfare Committees under the Juvenile Justice Act,
officials from the Department of Women and Child Development and
representatives from donor organizations such as UNICEF, Plan India,
World Vision, Action Aid India etc have registered for and benefited from
this course.
VII. PGDCLP : The course is aimed at sensitizing people about the
Consumer Rights - This course provides opportunity for candidates to
receive advanced instructions in the relationship and interplay between
existing consumers’ related legislation and changing market scenario. The
diploma is specially designed to meet the needs of those whose prior
education has been in the field other than law and who would like to
supplement their database with in-depth knowledge of consumer laws.
This Diploma is essentially supplementary qualifications, and intends to
impart specialized knowledge and skills. This course is aimed at equipping
every person about the Consumer Rights, about the Professional Ethics
to Manufacturers and Service Providers, Responsibilities and Liabilities.
It helps to all professionals like Lawyers, Doctors, Pharmacist, Engineers,
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Software Professionals, Consumer Dispute Redressal Forum Members,

Company Executives, Journalists, Farmers, Non-Governmental
Organizations, Government Officials and Manufacturers, Retailers,
Sellers (almost all walks of life) in their day today activities.
VIII. PGDCLCF: This PG Diploma course aims to edify its scholars about
the legal as well as technical aspects of Cyber Law &Cyber Forensics. The
course startswith the understanding of basics of cyber technology
including the conceptual understanding of computer and other digital
devices, internet, cyber space, cloud, etc.The course then focuses on
understanding various forms of cybercrimes from both legal as well as
technical perspective, legal framework currently regulating such crimes
and procedural aspects relating to investigation, inquiry and trial of such
cases from Indian perspective. This shall include understanding of the
relevant legal provisions from the Indian Information Technology Act,
Indian Penal Code, Criminal Procedure Code and other special
enactments such as Protection of Children from Sexual Offences Act,
etc. Further, cyber forensic related principles and procedures required to
be adopted in the process of investigation so as to ensure its effectiveness
will also be covered. Issues relating to digital evidence will be discussed
most importantly from both technical as well as legal perspective.
Wherever required a comparative study of selected jurisdiction’s legal
approach will be taken up. Apart from this, international legal
instruments including BUDAPEST Convention will be discussed in
order to understand the model of cooperation nations can adopt.
Further, cyber civil wrongs, the available legal remedies and adjudicating
mechanisms will also be discussed. The course will also focus on
understanding the Indian legal framework relating to Data and Privacy
protection. The course will also take the scholar through the legalissues
relating to E-Commerce, E-Contracts, E-signatures including Digital
Signatures, E-Governance, etc. Additionally relevant laws relating to
online-banking transactions, intellectual property rights, etc..Other
ancillary issues includingthose relating to jurisdiction on cyber space,
current Indian institution framework regulating cyber space, E-
Surveillance, etc. will be taken up.
Having completed the course, the scholar will be able to
comprehendfundamental issues relating to cyber security laws and related
vital aspects from techno-legal perspective.
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Thus, the objectives of the course will include:

- To comprehend the meaning, elements, nature and forms of cybercrimes
and cyber civil wrongs, apart from conceptual understanding of technical
terms relating to cyber technology;
- To understand the current legal as well as institution framework adopted by
India in regulating cybercrimes including relating to investigation, inquiry
and trial of cybercrimes.
- To comprehend cyber forensic principlesand practice required to be
adopted in the course of investigation of cyber wrongs including issues
relating to digital evidence;
- To analysis legal aspects relating to digital evidence;
- To assess the effectiveness of the current cyber laws of the country, to
analyse the challenges posed by cyber law enforcement agencies so as to
identify problems existing in the system and to draw suggestions to such
problems;
- To compare and thereby analyse approaches adopted by other selected
jurisdictions;
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3
RULES / REGULATIONS GOVERNING

DISTANCE EDUCATION COURSES
Ÿ THE DISTANCE EDUCATION COMMITTEE

The Distance Education Committee (DEC) comprises of The Registrar,
Director, DED, Asst. Coordinator and such number of faculty members to be
nominated by the Vice Chancellor from time to time.
• FACULTY, DISTANCE EDUCATION DEPARTMENT
Prof. (Dr.) R.Venkata Rao, Vice Chancellor & Incharge Director, NLSIU
Prof. (Dr.) O.V. Nandimath, Registrar, NLSIU
Ms. Arpitha. H. C, Asst. Coordinator, DED. NLSIU
LIST OF FACULTY MEMBERS WHO ARE INVOLVED IN THE
ACTIVITIES OF DED:
Prof. (Dr.) V. Vijayakumar, Professor of Law, NLSIU
Prof. (Dr.) M. K. Ramesh, Professor of Law, NLSIU
Prof. (Dr.) T. Ramakrishna, Professor of Law, NLSIU
Prof. (Dr.) V. Nagaraj, Professor of Law, NLSIU
Prof. (Dr.) Ashok R Patil, Professor of Law, NLSIU
Prof. Govindraj Hegde, Associate Professor of Law, NLSIU
Prof. (Dr.) Sarasu Esther Thomas, Professor of Law, NLSIU
Prof. (Dr.) Sairam Bhat, Professor of Law, NLSIU
Prof. (Dr.) Nagarathna, Associate Professor of Law, NLSIU
Prof. (Dr.) Yashomati Ghosh, Associate Professor of Law, NLSIU
25
Dr. Prashant S. Desai, Assistant. Professor of Law, NLSIU

Mr.Praveen Tripathi, Assistant Professor of Law, NLSIU
Ms.Anita A Patil, Assistant Professor of Law, Consumer Chair, NLSIU
Dr. S. B. N. Prakash, Adjunct Professor, NLSIU
Dr. H. K. Nagaraja, Adjunct Professor, NLSIU
Prof. T. V. Subba Rao, Visiting Faculty, NLSIU
Prof. V. S. Mallar, Chair Professor, NLSIU
Dr. Neetu Sharma, Fellow CCL NLSIU
Ms. Arlene Manoharan, Fellow, CCL, NLSIU
Dr. Niranjan Aradhya, Fellow, CCL NLSIU
Dr. Archana Mehendale, Consultant, CCL NLSIU
Ms. Anuroopa Giliyal, Research Officer - Legal, CCL NLSIU
Dr. P. Ravishankar, Consultant, OCMC, NLSIU
• VISITING FACULTY, DISTANCE EDUCATION DEPARTMENT

Shri. Aditya Kamath, Head, India, Legaldog LPO, Bengaluru
Mr. Harikrishna S Holla, Advocate, Holla Associates, Bengaluru
Dr.Suresh Badamath, Additional Professor of Psychiatry, NIMHANS, Bengaluru
Dr.A.T.K.Rau, Professor & HOD, Department of Pediatrics, M.S. Ramaiah
Medical College & Teaching Hospitals, Bengaluru
Dr.V.Ramakanth, IFS, Former Director, Woods Science Institute of
Technology, Bengaluru
Shri. N. V. L. N. Prasad, Legal Manager, Mphasis, Bengaluru
Dr. Kalyan Chakravarthy, Partner, Banana IP Counsels, IPR Consultancy,
Bengaluru
Mr. Somashekar Ramakrishna, Partner, Banana IP Counsels, IPR Consultancy,
Bengaluru
Mr. Nitin Nair, Partner, Banana IP Counsels, IPR Consultancy, Bengaluru
26
3 : Distance Education Department
Ms. Vinita Radhakrishna, Partner, Banana IP Counsels, IPR Consultancy,

Bengaluru
Prof. (Dr.) Mallikarjunaiah, Principal, KLE Law College, Bengaluru
Dr. Pratima Narayan, Visiting Faculty
Mr. Arvind Narrain, Alternative Law Forum, Bengaluru
Ms. Kavita Ratna, Director - Communications, Concerned for Working
Children (CWC), Bengaluru
Dr. Shekhar Seshadri, Department of Psychiatry, NIMHANS, Bengaluru
Sri. Y.G. Muralidharan, CREAT
27
28
OVERVIEW OF
MASTER OF BUSINESS LAWS (MBL)
TWO YEARS POST GRADUATE

PROGRAMME
29
4
INTRODUCTION TO
MASTER OF BUSINESS LAWS (MBL)
Ÿ MBL Started in the Year 1994 - 95

Distance Learning is not very old in India. Initially it was the method of
learning introduced by various specialized agencies namely, Institution of
Chartered Accountants of India, Institution of Company Secretaryship,
Institution of Cost and Works Accountants of India, Institution of Engineers
and many others. In the avenue of formal education, distance education
methodology became popular in India with the advent of Indira Gandhi
National Open University in 1985. With the technological advancement, the
distance education mode has gained popular acceptability in developing
countries, though the efficacy of learning in distance education mode depends
upon the communication technology. With more and more people interested
in higher learning in the non-formal set up, distance education mode is bound
to become more and more popular. Distance education has several advantages
such as:
1. The learner can decide his own programme according to his time and
talent,
2. A programme can address a large number of students across the country,
3. Low maintenance cost (notwithstanding the fact of its comparatively
high initial cost),
4. Programme is designed according to demands of individuals,
5. Learners are not to reach out to the academy and spend huge maintenance
costs.
6. The administrative overheads of the programme are comparatively low.
30
4 : Introduction to MBL
However on account of some inherent disadvantages, advanced countries like

U.S.A. have not yet come forward in a big way in promoting distance education
mode. Its main disadvantage is that, as a high-tech tool of education, it requires
higher initial investments for countrywide classrooms through television and
telecommunication links, preparation of high grade reading materials and
above all, absence teacher.
The National Law School of India University, intentionally, with a long term
vision, has introduced programme of Masters Degree in Business Laws
through distance education mode. With attempts towards globalising the
Indian economy and consequent integration of business, trade, commerce and
industries, national standards, both substantive and procedural laws, are
conditioned by international agreements and conventions. People who are in
trade, commerce, industries and business both in public and private sectors,
require appropriate legal knowledge for use in their decision-making process.
The seed of litigation is sown in the process of decision-making. Therefore, at
the basic level of decision making itself, the decision makers have got to be on
the right side of law and use law as an instrument of policy making to ensure
minimum litigation.
In order to use law as a management tool, all players must have complete
information at their command. This course, which is popularly known as
M.B.L. is particularly tailored for the lower, medium and higher level managers
to acquire better skills and capability for better decisions.
In a changing technological and business environment, this clear vision
propelled the faculty of National Law School of India University to design this
course in a way to benefit all persons engaged in trade, commerce, industries
and business, both in private or public sectors.
The overwhelming response for enrollment in the course of last ten batches is
testimony to the great importance of the course. This does not in any way
make the National Law School of India University complacent and it is very
much aware of the constraints. The provision for electronic media is an area
which requires immediate attention. The distance education department is
aware of the prospects and limitations of adopting electronic media, as an
additional tool of teaching technique. Hopefully, in the next 2 or 3 years
31
it might become possible for the National Law School of India University to
acquire and use some of the modern techniques of distance education
progressively.
• SUBJECTS
The subjects prescribed for each of the two years of the Degree course shall be
as follows:
Year Subjects
First Year MBL
• Contract Law
• Banking Law
• Corporate Law
• Industrial Relations Law
• Environmental Law
Second Year MBL
• Investment Law
• Insurance Law
• Law relating to International Commercial Transactions and
Foreign Trade
• Intellectual Property
• Taxes on Corporations & Commodities
SYLLABUS OF MASTER OF BUSINESS LAWS

MBL - I YEAR SYLLABUS
In the first year the student will study 5 subjects viz (1.1) Contract Law (1.2)
Banking Law (1.3) Corporate Laws (1.4) Industrial Relations Law and (1.5)
Environmental Law and Policy. The broad outlines of these subjects - each
subject divided into convenient modules - are as follows.
PAPER - 1.1: CONTRACT LAW

This module attempts to give an overview of the nature of contractual
obligations and its significance in a commercial and industrial society.
32
Essential of Contract, types, terms, quasi contractual formation, Government

contracts, contracts by auction and tenders are discussed in detail. A thorough
examination of the norms relating to the formation of various types of
contract is described. With detailed illustrations and case law examples, the
reader is provided with an opportunity to analyse the law relating to contractual
transaction. From oral contracts to paper contract to e-contracts, the module
describes the growth of contract law in India.
Module I: Contract: Concept and its Role in a Developing Society
Genesis of Contract - Introduction, Early history of Contract Law, Contract
as a method of creating new rights, How is a contract made, Definitions;
Contract: How to make - Introduction, Proposal, Acceptance, Where is the
contract made?, Proposal and acceptance in three forms, Types of
Agreement, Contract-A final comment; Types of Contract – Basis of parties,
basis of time, basis of function, basis of nature, standard form of contract;
Terms of a Contract – Introduction, Terms of Representation, Test of
Contractual Intention, Conditions and Warranties, Implied Terms,
Construction of Terms, Exception Clauses; Contract in the Changing Society
– Introduction, Essential assumptions in a contract, Critical review of
assumptions, conditions in the changing society, concluding remarks;
Formation of a control through Tenders – Nature and commencement of
Tenders, Corrigendum, Addendum & Tender Notice, What is a ‘TENDER’?,
Completion of Contract in case of Tenders, Requirement of unconditional
acceptance, Whether a person can refuse to perform his duties obligated by a
tender, Withdrawal
Module II: Capacity and Consideration
Essential conditions of a valid contract – Introduction, Essential elements of a
contract, Intention to create legal relations; Capacity – What is capacity?
Physical incapacity, Mental Incapacity, Legal Incapacity; Consideration – A
definitional understanding, Why consideration? The theoretical base, No
consideration non Contract, Adequacy of consideration, Third party role in
consideration, Past consideration, Promissory Estoppel
33
Module III: Free Consent & Public Policy

Free Consent: Meaning and Dimension - Introduction, Free Consent:
scope and ambit, Consequences of the absence of free consent; Coercion –
Definition, Distinguished from duress, Subjective and objective elements in
coercion, Burden of proof, Ex-territoriality; Undue Influence – Definition,
Undue Influence vis-à-vis coercion, Essential elements, burden of Proof;
Fraud – Definition and essential elements, Constituent elements of fraud;
Misrepresentation – Misrepresentation in Common Law, Indian Law on
Misrepresentation; Mistake – Mistake in Common Law, Mistake in Indian Law,
Mistake in Indian Law, Mistake of both the parties, Mistake of fact and law,
Mistake of essential fact; Role of Public Policy in Contracts – Introductory
note, Application of public policy principles to contracts, Agreement void on
account of public policy; Void Agreements – Introductory Note, Grounds of
Void agreement, Uncertain agreement;
Module IV: Government and Quasi Contracts
Government Contract - Introduction, Scope and extent of Article 299 under
the constitution of India on Government Contracts, Feasibility of Implied
contracts with the Government, Personal Liability in Government Contract;
Quasi Contract – Theoretical Foundation, Indian Instances,
Module V: Discharge of Contract
Discharge of Contract at a Glance - Introduction, A flow Chart, Types of
Contract; Discharge by Performance – Introduction, Persons obliged to
perform, Persons entitled to claim performance, Time and place of
performance, Appropriation of payment, Tender of performance;
Discharge by Agreement – Introduction, Novation, Rescission and
alteration, Remission; Impossibility of Performance – Introduction,
General Principles of Frustration, Grounds of Frustration, Limitations of the
doctrine of Frustration
Module VI: Breach of Contract and Remedies
Breach of Contract – Introduction, Forms of Breach of Contract,
Renunciation or Repudiation, Anticipatory Breach, Restitution, Actual Breach
34
or Breach when Perfor mance Due or During Perfor mance;

Consequences of Breach – General Principles, A Flow Chart, Remedies of
Breach – Introduction, Contractual remedy, Common Law and Statutory
remedy, Equitable remedy
Module VII: Representative Contracts
A) Agency
Introduction - Agency & Authority: Definitional Delimitation, Agent vis-à-
vis other offerers, Classification of agents; Creation of Agency – Agency by
agreement, Agency by ratification, Agency by operation of law; Agency by
estoppel, Agency by holding out; Authority of an Agent – Introduction:
extent and authority, Express and implied authority; Customary authority,
Apparent and presumed authority, Sub-delegation; Duties of Agent –
Introduction, Duty to follow instructions, Duty to follow trade customs, Duty
to communicate, Duty to exercise care and skill, Duty to render accounts, Duty
to remit money, Duty not to delegate, Conflicting interest, Confidentiality;
Rights of Agent – introduction, Rights against principal, Rights against
property; Undisclosed Principal – Kinds of principals, Doctrine of
undisclosed principal; Termination of Agency – Classification, Termination
by act of parties, Termination by operation of law, Effects of termination,
Agent’s duty on termination
B) Partnership
Agency Principle in Partnership – Partner as agent, Binding nature of
partner’s authority, Factum of being partner and burden of proof, Partner’s
authority in trading firm, single partner appearing in a suit, Who may question
the act of a partner? Relation between partners; Minor Partner – Minor’s Legal
Position, Rights of Minor, Liabilities of Minor; Authority of a Partner –
Implied authority, Essentials, Partner’s authority to bind firm, No authority,
Rights and Liabilities of a Partner – Rights of Partners, Liabilities of Partner;
Module VIII: Special Contracts
Introduction; Contract of Indemnity - Definition & meaning, Nature,
Distinction: English and Indian Law, Validity of indemnity agreement,
35
Contract when enforceable? Rights of indemnity holder, Rights of promisor,

Contract of Insurance as a Contract of indemnity; Contract of Guarantee –
Definition and Meaning, Distinction between Indemnity and Guarantee,
Essentials of a contract of guarantee, Kinds of guarantee, Rights of a surety,
Liability of surety, Discharge of surety; Contract of Bailment - Introduction,
Definition, Essential features, Bailor’s Duties, Duty of Bailee, Rights of Bailee,
Duty of Finder, Rights of Finder; Pledge & Hypothecation – Introduction,
Essential features, Subject matter of pledge, Distinction: Pledge,
Hypothecation, Bailment, Lien and Mortgage, Who can pledge?, Termination
of pledge?, Rights of pledgee/pawnee, Rights of pledger/pawnor, Additional
right of the hypothecate; Leasing & Hire Purchase – Leasing agreement –
Nature and meaning, Rights and duties of the Lessor and the Lessee, Hire
Purchase agreement – Nature and Meaning, Distinction between Hire
Purchase, Installment purchase agreement and Lease, Rights & duties of Hire
– Purchaser and Hire vendor; Carrier – Introduction, Overview of Law of
Carriage – Land, Air & Sea;
Module IX: E-Contracts
Why are Digital Goods Different?, Unfair terms in E-contract, Information
Technology (IT) Act, 2000 and E-Contract, E-Commerce and Indian
Evidence Act
Suggested Books
1. Anson, William Reynell, Law of contract, Oxford University Press,
Oxford, 29th Ed. 2010.
2. Bhat, Sairam, Law of business contracts in India, Sage Publications,
New Delhi, 2009.
3. Rao, Joga S V, Case book on Special Contracts, NLSIU Publication,
Bengaluru, 1991.
4. Mulla, D F, The Indian Contract Act, Lexis Nexis/Butterworths,
Nagpur, 13th Ed. 2011.
5. Pollock & Mulla, Indian Contract and Specific Relief Acts (In 3
Volumes), LexisNexis Butterworths Wadhwa, Nagpur, 14th Ed, 2012.
6. Singh, Avtar, Law of contract and specific relief, Eastern Book Co.,
Lucknow, 10th Ed. 2010.
36
Suggested Articles
1. George, Neelam, “ABC of contract” Taxman, 2002, 9th Mar. Vol. 121,
No. 02, Page. 198 – 200.
2. Mitra, Yashojit, “Effect of Section 28 of the Contract Act, 1872 on
agreements restricting the time period statutorily provided for the
enforcement of a right”, All India Reporter, 2002, September, No. 09,
Page. 282 – 289.
3. Muricken, Pauly Mathew, “Fairness in government contracts”, All
India Reporter, 2004, March, No. 03, Page. 77 – 80.
4. Sankhyan, Amar Singh, “Study of Dimensions of Principle of
Frustration in Indian Contract Law System”, Journal of the Indian Law
Institute, 1995, October, Vol. 37, No. 04, Page. 443 – 456.
5. Shah, Vinod K, “Contract under the Information Technology Act 2000”,
SEBI and Corporate Laws, 2002, 27th May, Vol. 37, No. 04, Page. 77– 80.
PAPER 1.2 : BANKING LAW

“Times change and we with time” – the old order has changed yielding place to
new, and we must have new need for the new hour. Railways, steamships, posts,
telegraphs, telephones, aviation, television and other innovations of the
modern era including the evolution of atomic energy, are playing their due part
in this struggle in India as elsewhere. One of the important quarters, into
which the rays of the new light have penetrated, is the sphere of banking.
In the recent times, the study of Banking Law for the student interested to
specialize in ‘commercial laws’ has become imperative, as banking law is a
major part of law merchant. The focal point of banking law has changed,
especially in India, as the complexion of banking sector over a period of time.
It is always stated that, the entire body of Indian Banking Law is modeled on
English Banking Law and practice, although it is not true in it’s entirety.
Recently the Indian courts have not hesitated to deviate from the English rules
and principles of law to be applied to the banks. The traditional study of
banking law heavily concentrates upon ‘banking transactions’ mainly. It means
the relationship between ‘bankers’ and ‘customer’ was the major
37
aspect was always concentrated more than anything else. But today a course in
Banking Law should concentrate to a great extent upon ‘regulating banking
institutions’ – especially after the growth of private banking companies in
India. Subsequent to the ‘Narishman Committee Report’ there is tremendous
growth in the banking sector and the scenario has undergone complete
paradigm shift, the present course attempts to examine both (i) the historical
growth of banking sector in India (against the back drop of the economic
development ofcourse); and (ii) the way the banking institutions are regulated.
However, it must be noted that, the present course is not sans the traditional
aspects of evaluating the banker and customer relationship, which is natural
extension of the basic principles of contract law, tort law, property law,
company law etc.
MODULE I – UNDERSTANDING THE CONTEXT
Before starting the formal study of banking law one shall naturally understand
the context in which the same is to be studied. Therefore, in the inaugural
module the student is introduced to the overall environment of ‘money
market’ and the role of ‘banks’ as one of the major players therein. However,
micro level developments are not considered here, keeping in mind the
constraint of time and major focus area. The following are the break-up details.
Structure and Functions of Commercial Banks and Financial
Institutions
Evolution of Banking and its history in India; The role of Banking
Institutions in the socio-economic development of the country – Advances to
priority sectors and credit guarantee schemes; The structure of banking
institutions – the different types of Banks viz. Central Bank, Commercial
Banks, Cooperative Banks, Specialized Banks, Regional Rural Banks (RRBs),
Financial Institutions and their respective functions – an overview; National
Bank of Agriculture and Rural Development;
MODULE II – ‘CENTRAL BANK’ & ITS ROLE
As stated briefly in the introduction, the ‘traditional’ banking law in India
38
heavily leaned upon examining the legal relationship between ‘banker’ and his
‘customer’. But after the entry of private banking companies the entire
complexion (especially in India) of the banking sector has changed; and the
rules of the game as well. It is absolute imperative to ‘regulate the banking
institutions’ more than ever. The Central Bank (viz. The Reserve Bank of
India) is the major institution responsible for regulating the banking
institutions and maintains stability of the Indian economy. In this module the
student is given deeper understanding about – (i) the enhanced need for
regulating banks in any given economy; and (ii) the various strategies adopted
for the same along with the enabling legal environment for the same. The
micro details of the said module are as follows –
Reserve Bank of India – Introduction to the Indian ‘central bank’
Central Banking – the role of central banking; The organizational structure of
the RBI; Major functions of the RBI and the enabling legal environment; Bank
of issue; Banker to the government; Banker’s bank; Lender of the last resort;
Bank rate – monetary policy formulation and control CRR – SLR; Custodian
of foreign exchange and foreign exchange control Other promotional
functions;
MODULE III – REGULATING BANKS
There is an elaborate framework for regulation and supervision of the
business of banking in India. This is in addition to exclusive deliberation of law
as to the things which a banking company can ‘do’ or ‘not’. The regulatory
powers are vested in the Reserve Bank of India (as underlined in the module
two) and the Central Government under both the Reserve Bank of India Act,
1934 and the Banking Regulation Act, 1949. The dynamics of ‘regulating the
banking business in India’ is the focal point of this module. The details of the
said module are printed below.
Law of Banking Regulations
Social control of banking institutions and the mechanism thereto; Licensing
of banking activities; Minimum paid up capital, reserves, liquid assets,
requirements, etc.; Restrictions on loans and advances; Regulation and control
over the managerial organs and other agencies of commercial banks; Control
39
over amalgamation and schemes of reconstruction; Control over accounts and

audit; Other powers of RBI and Central Government; Winding-up of banking
companies. Regulatory norms and NBFCs (Non-Banking Financial
Companies);
MODULE IV – LAW OF NEGOTIABLE INSTRUMENTS
It is universally recognized that ‘negotiable instruments form the axis on which

the wheels of commerce revolve’. The negotiable instruments are the most
widely accepted form of ‘securitization’. Although negotiable instruments are
widely used by all sections of people, the knowledge of the same is absolutely
important for a ‘banker’, as he deals with these instruments on daily basis, so is
to the student of a banking law. This module introduces the student to the
logistics of negotiable instruments in depth. The details of it are as follows –
Negotiable Instruments: Law and Procedure I
Legal aspects of negotiable instruments in general; Special features of

promissory notes; Bills of exchange, hundis, cheques, bank drafts, traveler’s
cheques; Rights and duties of various parties to these instruments; Law and
procedure of presentment; Honor and dishonor of negotiable instruments;
Material alterations; Noting, protesting.
Negotiable Instruments: Law and Procedure II
Crossing of cheques, criminal liability on dishonor of cheques; Law relating to

foreign bills etc.; Noting and protesting; Law relating to payment of customer’s
cheques; Rights and duties of paying banker and a collecting banker; Paying
banker – honoring of customer’s cheques – overdraft agreements –
consequences of wrongful dishonor – when dishonor permissible; Stale
cheques – statutory protection of the banker; Payments in due course; Material
alteration; Forgery of customer’s cheques; Negligence of parties and
consequences; Collecting banker – legal position – whether agent or holder in
due course – precaution to be taken – collection of bills – cheques for
customer and for third parties – scope of statutory protection; Effect of
negligence of parties.
40
MODULE V – BANKER AND CUSTOMER

The banker and customer relation has developed jurisprudence based upon
litigations having a long-standing history. In the classical concept of banking, a
banker is the custodian of the deposits made by the customers. The Common
Law courts describe the relation as a debtor-creditor one. Of course in the
nineteenth century with the development of equity to be fused with law the
role of a banker as a trustee of the customer’s fund has also been emphasized
in certain situations. However, once the customer deposits the money into the
bank account the banker becomes the owner of that money, which lays down
the foundation for the entire banking activities afterwards. The essence, in
short, of banker customer relation is based on mutual trust and faith but the
relation begins with trust and in many cases ends up with litigations. This
module dissects the ever-fascinating relationship of banker and customer
from the legal perspective. The micro details are as follows –
Banker and Customer Relationship;
Legal nature of banker-customer relationship and their mutual rights and
duties; Special categories of customers, such as corporations, partnership
firms, Hindu joint families, unincorporated bodies, trusts, joint account
holders, minors, nominee accounts, liquidated mercantile agents, non-resident
Indians, foreigners, -- legal incidence of each; Different types of accounts such
as current accounts, savings bank account and fixed deposits; Other
transactions between banker and customer such as safe deposit vaults,
financial advice, letters of introduction and other services rendered by banks;
Special features of the relationship between banker and customer – their
mutual rights and duties; Lien – power to combine different accounts; Secrecy
of accounts; Pass books and entries therein
Loans and Advances
State policy on loans and advances; Priority sector advances and socio-
economic polities; Self-employment schemes, DRI, IDRP; Women
entrepreneurs; Small scale industries; Agricultural finance, export finance etc.;
How the banker profitably uses the fund? Call loans and loans repayable
41
at short notice; Loans and advances; Overdrafts; Legal control over bank’s
deployment of funds;
Securities for Banker’s Loans
Guarantees, pledge, lien, mortgage, charge – subject matters of collateral
security- Corporate securities; Documents of title to goods; Land and
buildings; Book debts; Life policies; Factoring; Bill discounting; Bank
guarantees; Letters of credit; Commercial papers (legal and practical issues
involved in each type of security will be discussed)
MODULE VI – OTHER BANKING RELATED LAWS
To protect the interest of banker (especially from endless litigation, as it
happens many times) there are certain dedicated statutes passed. This module
scans the Indian scene for such important legislation and exposes the student
to various vital details of the same. The following are the micro details in this
regard –
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 [SARFAESI ACT]
Introduction to SARFAESI Act, 2002; Definitions at SARFAESI Act, 2002;
Regulation of Securitization and Reconstruction of Financial Assets of Banks
and Financial Institutions; Enforcement of Security Interest; Central Registry;
Offences and Penalties; Miscellaneous Provisions.
The Banking Ombudsman Scheme, 2002/2006
Purpose, Extent, Definitions, Establishment and Powers; Procedure for
Redressal of Grievance; Arbitration and Conciliation Procedure.
Recovery of Debts due to Banks and Financial Institutions Act, 1993
[DRT ACT]
Preliminary; Establishment of Tribunal and Appellate Tribunal; Jurisdiction,
Powers and Authority of Tribunals; Procedure of Tribunals; Recovery of
Debts Determined by Tribunal and Miscellaneous Provisions.
The Banker’s Book Evidence Act, 1891
42
Suggested Books
1. Ellinger, E P, Lomnicka, Eva & Hare, C V M, Modern banking law,
Oxford University Press, Oxford, 5th Ed., 2011.
2. Paget, John K C, Law of banking, Lexis Nexis/Butterworths, Nagpur,
13th Ed., 2012.
3. Singh, Avtar, Banking and negotiable instruments: An introduction,
Eastern Book Co., Lucknow, 2nd Ed. 2011.
4. Shekhar, K C & Shekhar, Lekshmy, Banking theory and practice, Vikas
Publishing House Pvt. Ltd., New Delhi, 19th Ed., 2005.
5. Tannan, M L, Banking law and practice in India, Wadhwa and Co., Agra,
23rd Rep Ed. 2012.
Suggested Articles
1. Chadavarkar, Anand, “Independent federal reserve bank of India : A
response to comments.”
2. Economic and Political Weekly, 2005, 27th Aug, Vol. 40, No. 35, Page
3837 – 3745
3. marjit, Sugata & Mallick, Indrajit, “Collateral monitoring and banking
regulation”, Economic and Political Weekly, 2004, Mar 20th, Vol. 39, No.
12, Page 1259 – 1262
4. Prasad, Satyanarayana P, “Jurisdiction of banking ombudsman : A case
analysis”, ICFAI Journal of Banking and Insurance Law, 2009, April,
Vol. 07, No. 02, Page 61 – 68.
5. Rao, Subba K G K “Cost of credit of commercial banks in a deregulated
environment”, Economic and Political Weekly, 2002, 16th Feb, Vol. 37,
No. 07, Page 660 – 664
6. Selvam, M, “Customer satisfaction of banking services”, South Asian
Journal of Socio-Political Studies, 2006, Dec ,05, Vol. 06, No. 01, Page
85 – 90
43
PAPER - 1.3 : CORPORATE LAW
Module I: Formation of a Company

Introduction-History- Meaning and nature of a Company-Essential
characteristics- Forms of Corporate and non-Corporate Organizations Kinds
of Companies. Advantages and Disadvantages of Incorporation of a
Company-classification of companies-corporate personality; Lifting of the
corporate Veil; Process for formation- constitutional documents- DIN - Pre-
incorporation Contracts
Module II: Characteristics of Corporate Personality
The memorandum and Articles of association- Doctrine of Constructive
Notice- Doctrine of Indoor management- Principle of Ultra Vires;
Promoters-The duties and liabilities of promoters--Prospectus - issue -
contents - liability for misstatements -statement in lieu of prospectus -Shelf
Prospectus- Red herring Prospectus, Information memorandum- Acceptance
of Public deposits
Module III: Management of the Company
Directors - Position - Appointment - Qualifications, vacation of office -
Removal, Resignation -powers and duties of directors - Meeting, Registers,
loans, remuneration of directors – Corporate Governance- Arms Length
Transactions- role of nominee directors-compensation for loss of office -
Managing Directors and other managerial personnel, Meetings - kinds,
procedure - voting- Prevention of oppression and mismanagement –
Investigation, Board of Directors – Board Meetings - Resolution at board
meetings and circulation- Relation between Board of Directors and General
Meeting- Oppression and mismanagement – Corporate Social Responsibility
Module IV: Corporate Finance and Investor-Protection
Share and share capital- Nature and types of shares - Variation of class rights -
Allotment of shares Share Certificates-transfer and transmission of shares.-
Restrictions on transfer. Mortgage of shares. Calls, liens, surrender and
forfeiture of shares. Depositories Act – Working and functioning- Share
44
warrants- debentures- Dividend-Borrowing Powers: Dividends payment

capitalization of bonus shares, Audit and accounts – Charges and Mortgages –
loans to other companies’ investments – Floating charge – Kinds of
debentures – Shareholder and debenture holder – remedies of debenture
holders. Amalgamations- Mergers and Acquisitions.
Module V: Secretarial functions, Corporate Accounts and Audit
Company Secretary - Qualifications - Appointment-position-Duties and
Liabilities, Distinction between ‘company secretary’ and ‘company secretary in
(whole-time) Practice’, Functions of company secretary in whole-time
practice. Mandatory Secretarial Audit of Certain Companies, Secretarial
Standards. National Financial Reporting Authority - Audit and Auditor-
Qualifications- Rights and Duties-Removal- Liabilities.
Module VI: Winding Up- The Insolvency and Bankruptcy Code, 2016
Winding up - Types – Residual Provisions under Companies Act, 2013- IBC-
Who can apply - procedure, Meaning of “Debt”- “ability to pay vs. refusal to
pay”-Appointment and qualification of Insolvency and Bankruptcy
Professional – Powers and role of IB Professional- NCLT and the power to
order winding up- voluntary winding up by members -Winding up
proceedings
Module VII: Competition Act, 2002
Objectives-Definition of Market, Market Power-Anti Competitive
agreements- Abuse of Dominant position- Combination and its regulation-
Competition Commission of India- Duties, powers and functions-
Enforcement Procedure, Leniency Program-Competition Advocacy-
Competition Appellate Tribunal.
Suggested Books
1. Gower, L C B, Principles of modern company law, Sweet & Maxwell,
London, 8th Ed., 2008
2. Sethna, Jehangir M J, Indian company law, (In 4 Volumes), Modern Law
th
Publications, Allahabad, 11 Ed., 2005.
3. Singh, Avtar, Company law, Eastern Book Co, Lucknow, 14th Ed., 2004.
45
4. Singh, Avtar, Introduction to company law, Eastern Book Co, Lucknow,

th
10 Ed., 2006
5. Tripathi, S C, Modern company law, Central Law Publications,
Allahabad, 5th Ed., 2012.
Suggested Articles
1. Chandratre, K R “Is Express Delegation of Powers By Board of
Directors Necessary?” COMPANY LAW JOURNAL. VOL.02, NO.05, MAY,
2013. P.49-55
2. Kumar, Naresh “Concept Paper on National Corporate Governance
Policy” 2012. Company Law Journal. Vol.02, No.06, June, 2012. p.164-
176
3. Mohapatra, Prajna, “The age of dispersed ownership: Appropriate
role of Independent” DIRECTORS IN THE EVOLUTION OF CORPORATE
GOVERNANCE NORMS IN INDIA. CORPORATE LAW CASES. VOL.02, NO.06, JUNE,
2011. p.184-192.
4. Oberoi, Roopinder, “Corporate Governance in Central Public Sector
Enterprises” - A Case of BHARAT HEAVY ELECTRICAL LIMITED (BHEL).
INDIAN JOURNAL OF PUBLIC ADMINISTRATION. VOL.58, NO.01, JAN-MARCH,
2012. p.49-68.
5. Shekhawat, Jitender Singh and Sagar, Vishal S, “Winding Up of
the Company on Just and Equitable Clause”. Company LAW JOURNAL.
VOL.01, NO.01, JAN, 2013. p.26-32
46
PAPER 1.4: INDUSTRIAL RELATIONS LAW

• Module - I
Constitutional values and goals; judiciary expounding the constitutional
values and goals both prior to economic liberalisation as well as post
economic liberalisation. The Historical context in which the legislations
like Trade Unions Act, 1926 ; Industrial Disputes Act, 1947 ; Industrial
Employment (Standing Orders) Act, 1946 and the Contract Labour
(Regulation and Abolition) Act, 1970 was enacted. Service conditions -
creation and regulation - minimum service conditions - improving on this
minimum. The different mechanisms used for evolving service
conditions - legislations, collective bargaining, adjudication, certified
Standing Orders; judicial activism, etc.
• Module - II
Brief history of Trade Union movement in Britain and India and the
enactment of the Indian Trade Union Act. Provisions contained in the
Trade Union Act. The interplay of provisions in this Act and the other
Acts. The Trade Union Act and the related Constitutional provisions in
the light of ILO Conventions and Recommendations. Trade Union
immunities and their relevance in the present day context. Recognition of
Trade Unions - need and the efforts made in this direction - Methods for
identifying the strength of Trade Unions. Minors as employees and their
rights relating to Trade Union. Collective bargaining. The legislative
framework for collective bargaining, weapons of collective bargaining -
Status of collective bargaining settlements - collective bargaining in the
context of liberalization.
• Module - III
The relevant definition in the Industrial Disputes Act, 1947 like Industry,
Workmen, industrial dispute, deemed Industrial dispute, the appropriate
Government, etc. How these definitions and the Act cater to the
protection of un-organised sector.
• Module - IV
Industrial dispute resolution machinery - preventive mechanisms.
Dispute resolution mechanisms -Conciliation and Board of Conciliation -
47
status of a conciliation settlement; powers and functions of conciliation

officers. Appropriate Government’s power of reference - a critical
analysis, Adjudication of industrial disputes - voluntary arbitration and
compulsory adjudication. Powers of the adjudication authorities - judicial
review of awards - publication of awards - status of awards. Examining
the dispute resolution machinery in the light of economic liberalisation
and its challenges.
• Module - V
Discipline in the Industrial establishments. Certified Standing orders; the
procedures associated with it - misconduct - minor misconduct, major
misconduct. Domestic enquiries, the process of imposing punishments,
judicial review of management’s prerogative of disciplining the workers.
• Module - VI
Regulation of managerial prerogatives; Sections 9A, 11 A, 33 & 33A of
I.D. Act, 1947. Protection of service conditions of workmen during the
pendency of Industrial disputes. Protected workman - how the status is
conferred. The need for such status. How the service conditions of
protected workmen are protected - New challenges of economic
liberalisation and limitations on managerial prerogatives.
• Module - VII
Job losses - concepts lay-off, retrenchment, closure, transfer of industrial
establishments. How these job losses are regulated. Chapter VA and VB
of the Industrial Disputes Act, 1947.
• Module - VIII
The need for Contract labour; How the Contract Labour (Regulation and
Abolition) Act, 1970 protects the service conditions of contract labour -
Advisory boards, Registrations relating to employment of contract
labour; Prohibition of employment of contract labour - Abolition of
contract labour and consequences.
48
Suggested Books
1. Kharbanda, V K, Commentaries on trade unions Act, 1926, Law
Publishing House, Allahabad, 2004.
2. Kumar, H L., Practical guide to contract labour : Regulation and
abolition Act and rules, Universal Law Publishing Co.Pvt.Ltd., New
Delhi, 6th Ed., 2012.
3. Puri, S D & Puri Sundeep, Treatise on the contract labour (Regulation
and Abolition) Act, 1970, Snow White Publications Pvt. Ltd., Mumbai,
3rd Ed., 2009.
4. Singh, Avtar, An introduction to labour and industrial laws, Lexis
Nexis/Wadhwa, Nagapur, 2nd Ed., 2008.
5. Srivastava, S C, Industrial relations and labour laws, Vikas Publishing
House Pvt. Ltd., New Delhi, 6th Ed., 2012
Suggested Articles
1. Jagannathan, Srinath & Roy, Kaushik, “Understanding Indian
trade union existence in the Zeitgeist of the global”, Indian Journal of
Industrial Relations, 2009, October, Vol. 45, No. 02, Page. 181 – 194.
2. Katari, S R, “Law to ensure industrial safety in India - Still a long way to
go”, Labour and Industrial Cases, 2012, March, Vol. 01, No. 03, Page. 35 –
38.
3. Samantaray, Ajay Kumar, “Some Reflections in Industrial
Jurisprudence : Trade Unions, Collective Bargaining, Privileges,
Discipline, Contemporary Happenings and Legal Perspective”, Labour
and Industrial Cases, 2011, October, Vol. 04, No. 10, Page. 200 – 206.
4. Sharma, Manoj K & Khosla, Rajiv, “Regional disparities in Indias
industrial development : Discriminant function approach”, Indian
Journal of Industrial Relations, 2013, April, Vol. 48, No. 04, Page. 692 –
702.
5. Srivastava, D K, “Trade union situation in India : Views of central
trade union organisations (CTUOs)”, Indian Journal of Industrial
Relations, 2001, April, Vol. 36, No. 01, Page. 463 – 477.
49
PAPER - 1.5: ENVIRONMENTAL LAW

• Module 1 & 2 Legal Regime of Pollution Control
Introduction, Pollution Control Policy, Environment Specific
Legislations—An Overview (Water Act, 1972, Air Act, 1981,
Environmental Protection Act, 1986, The Factories Act 1948 as amended,
Water & Air Pollution– Causes & Consequences, Specific Legislations
relating to Water Pollution, Specific Legislations for Air Pollution Control,
Environmental (Protection) Act, 1986, Noise Pollution, Waste
Management Rules, Some Judicial Responses to Air, Water & Noise
Pollution—A Brief Overview, The Other side of the law
• Module-3 Understanding Biodiversity Law
Objectives, Introduction, International Law relating to Biodiversity,
Indian Law Relevant to Biodiversity Protection, Biodiversity &
Intellectual Property Rights, Biotechnology & Protection of Biodiversity
• Module-4 Land Laws
Objectives, Introduction, Agricultural Policies, Land Reforms And
Relevant Legislations, Land Acquisition, Law And Policy, Land Use And
Zoning Laws, Environmental Pollution And Land Degradation,
Contamination/Pollution And Legal Control, Protection Of Forests And
Tribal Lands, Critical Appraisal
• Module- 5 Law Relating To Environment and Industry
Objectives, Introduction, Industrial disasters and environmental
concerns, Environmental Policy and Industry in India, Adjudicatory
Mechanism The National Green Tribunal Act, 2010, Interface between
Industries, Economic Development and Environmental
Protection—Judicial Approach, Industries and Energy, Industrial Siting,
Quality Control and Auto Regulation, Special Economic Zones.
• Module 6 International Environmental Law
Objectives, Introduction, Early Attempts at Environmental Protection,
Modern International Environmental Law, Major Areas of
50
Environmental Concern & Related International Responses, Important

Environmental Programmes and Institutions, Environmental NGOS,
Agenda-21
Suggested Books
1. Sairam Bhat, Natural Resources Conservation Law, Sage, 2010.
2. Divan, Shyam & Rosencranz, Armin, Environmental law and policy in
India : Cases, materials and statues, Oxford University Press, New Delhi,
2nd Rep Ed., 2012.
3. Leelakrishnan, P, Environmental law in India, Lexis Nexis /
Butterworths India, New Delhi, 2nd Ed., 2006.
4. Nandimath, O V & Bhat, Sairam, Environmental law hand-book for law
practitioners, NLSIU Publications, Bengaluru, 2002.
5. Nandimath, O V, Handbook of environmental decision making in India:
An environmental impact assessment model, Oxford University Press,
New Delhi, 2009.
Suggested Articles
1. Patnaik, N C, “Disaster Challenges : Need for a strong strategy in India”,
Indian Bar Review, 2007, Jan – Dec, Vol. 34, No. 01 – 04, Page. 85 – 102.
2. Robinson-Dorn, Michael J, “Teaching environmental law in the era of
climate change : A few whats, whys and hows”, ICFAI Journal of
Environmental Law, 2008, April, Vol. 07, No. 02, Page. 38 – 62.
3. Singh, Purva, “Removal of public nuisance - Using the criminal law
machinery for environmental protection”, Criminal Law Journal, 2009,
August, Vol. 03, No. 08, Page. 218 – 227.
4. Singh, Yadvendra Pratap, “Environmental laws: Problems and
perspectives (In Indian context)”, All India Reporter, 2010, February,
Vol. 97, No. 02, Page. 28 – 32.
5. Subramanium, Gopal, “Climate change and environmental law
reduction of emissions due to deforestation and environmental
degradation in India: Issues and concerns”, Journal of the Indian Law
Institute, 2010, July-Dec, Vol. 52, No. 03-04, Page. 332 – 342.
51
MBL - II YEAR SYLLABUS

In the second year, you will study 5 subjects viz (2.1) Investment Laws (2.2)
Insurance Law (2.3) Law relating to Foreign Trade and Commercial
Transactions (2.4) Intellectual Property Laws and (2.5) Law relating to
Taxation of Corporation and Commodities. The broad outlines of these
subjects, conveniently divided into modules, as in the first year, are as follows.
PAPER - 2.1: INVESTMENT LAWS

Module — I: History and Development of Security Market and its
Regulation in India
1. Nature of a Security
2. Economic and Legal nature of Investment
3. An overview of the developments of Security Markets
4. Security Market Instruments
5. Regulation of Security Dealings: Law and Institutions
Module II - Primary Market Regulations
1. Issue of Securities and Public Offerings of Security
2. Prospectus and its Requirements
3. Disclosure Requirements
4. Listing Agreement
5. Buy Back of shares
6. Delisting of Securities
7. Intermediaries in Primary Market
8. Companies Act, 2013 and allied rules, regulations, circulars and
notifications
9. Security and Exchange Board of India Act, 1992 and allied rules and
regulations.
10. Depository Act, 1996 and allied rules and regulations
Module III - Secondary Market Regulations
1. Stock Exchange: Organisation, Trading and Settlement
52
2. Intermediaries in Secondary Market

3. Securities Contract (Regulation) Act, 1956 allied rules and regulations
4. Security and Exchange Board of India Act, 1992 and allied rules and
regulations.
Module IV - Cross Border Transactions in Securities
1. Foreign Investment in India
2. Indian Investment in foreign Countries.
3. Role of RBI
4. Foreign Exchange Management Act, 1997, allied rules, regulations,
circulars and notifications.
5. Security and Exchange Board of India Act, 1992, allied rules, regulations,
circular and notifications
6. Consolidated FDI Policy (as effective on date)
Module V - Investors Protection
1. Legal framework for investor protection in India
2. Investor Protection and Education Fund
3. Certain prohibited transactions to protect Investors
a. Manipulative, Fraudulent and Unfair Practices
b. Insider Trading
4. Security and Exchange Board of India Act, 1992, allied rules, regulations,
circular and notifications
notifications
Module VI - Regulations of Combinations and Takeovers
1. SEBI (Substantial Acquisition of Shares and Takeover) Regulations,
2011
2. Competition Act, 2002 and allied rules, regulations, notifications.
Module VII - Corporate Governance
1. Concept & evolution of Corporate Governance
53
2. Requirements in Listing Agreement

3. Role of SEBI in Corporate Governance
regulations.
Suggested Books:
1. Anil Chaudhury & Rajneesh Deka, Securities Regulation - Primary
Markets Offerings in India, CCH Wolters Kluwer’s, 2015
2. Dilip K. Sethi, Treatise on FEMA: Law and Practice, Snow White, 2014
3. D.C. Sighania, Foreign Collaborations and Investments in India: Law,
Practice and Procedures, Universal Law Publishing Co. Pvt. Ltd, 2006
4. Gautam H. Parikh, Handbook of Indian Securities, Bloomsbury India,
2014
Suggested Articles :
1. Zafri Iqbal, “Developments of Capital Market in India: A Brief
Account” Company Law Journal, May Vol. 02, No. 02 (2009) Page 79-84
2. Nanad Kishore Sharma, Clearing and Settling Mechanism in India
Securities Market”SEBI and Corporate Laws, Vol. 88 (2008) Page 158-
170
3. Divya Bhardwaj & Diwakar Maheshwari, “Foreign Direct Investment in
India” Company Law Journal, 2005 Vol. 1, No. 1-3 (2005) Page 9-18
4. P.M. Vasudev, “Capital Market and Corporate Governance in India: An
Overview of Recent Trends” Corporate Governance Law Review, Vol.
3, No. 3 (2007) Page 255-282
54
PAPER - 2.2: INSURANCE LAWS

• Module 1: GENERAL PRINCIPLES OF INSURANCE
CONTRACT - Introduction to law of Insurance- Contract of Insurance
legal Issues-Risk in Insurance contract-Risk Management- Insurable
Interest-Insurance Contract.
• Module 2: Introduction to Life Insurance Contract-Agency function in
Life Insurance-Formation of Life Insurance Contract- The Policy-Risk
in Life Insurance-Assignment and Nomination-Persons Entitled to
Payment-Settlement of Claims- Role of Life Insurance Corporation-Tax
Law Implications.
• Module 3: Introduction-History of Fire Insurance-Nature of a
Contract of ‘Fire Insurance-Formation of a Contract of Fire Insurance-
Risk in a Contract of Fire Insurance-Claims and Recovery under a Fire
Policy Doctrine Applicable to Fire Insurance Contract- Assignment of a
Policy of Fire Insurance.
• Module 4: MARINE INSURANCE - Nature of Contract-Slip In
Marine Insurance-Indemnity and Consideration-Classification of
Marine Policies -The Voyage- Deviation - The Perils of the Sea-Proof of
Loss-Burden of Proof of Loss- Proof of loss by Perils of the Seas-
Measure of Indemnity-Contract of Utmost Good Faith- Insurable
Interest-Cargo Interests-Hull Interests-Assignment - Warranties-Loss
and Abandonment-Perils of the seas and the Proximate Cause Doctrine-
Peril Insured Against-The Classification of Loss-Salvage Charges -
Marie Time Frauds
• Module 5: HEALTH INSURANCE - Third Party Administrators;
GROUP INSURANCE-Features of Group Insurance-Kinds of Group
Insurance-Group disability insurance-Group health insurance;
MOTOR INSURANCE- Liability of the Insurer under the MV Act-
Liability to pay compensation in certain cases on the principle of no
fault-Constitution of Claims Tribunals-Powers of the MACT-Beneficial
Interpretation;
REINSURANCE - Definition of Reinsurance - Functions of
Reinsurance - Contracts - What to Reinsure;
55
INSURANCE INTERMIDIARIES - Who is an agent-Authority of

the Agent-Code of Conduct.
• Module 6 : T H E I N S U R A N C E R E G U L A TO RY A N D
DEVELOPMENT AUTHORITY ACT, 1999, INSURANCE
OMBUDSMAN AND CONSUMER PROTECTION ACT, 1986
IRDA-Introduction to IRDA-Powers and functions of IRDA. Powers
of Central Government to issue directions- Establishment of Insurance
Advisory Committee-Applications of other laws not barred-
Policyholders’ Servicing; INSURANCE OMBUDSMAN-Governing
Body of Insurance Council-Appointment of Insurance Ombudsman-
Eligibility- Territorial jurisdiction of Ombudsman- Manner of lodging
complaint-Award; THE CONSUMER PROTECTION ACT, 1986.
Suggested Books
1. Colinvaux, Law of insurance, Sweet & Maxwell, London, 8th Ed.,
2009.
2. Jain, Rajiv & Biswas, Rakhi, Insurance law and practice, Vidhi
Publishing ( P) Ltd., New Delhi, 2nd Ed., New Delhi.
3. Macgillivray, E J, Insurance law : Relating to all risks other than
marine, Sweet & Maxwell, London, 11th Ed., 2008.
4. Taxmann, Insurance law manual with IRDA circulars and notifications,
Taxmann Allied Services (P) Ltd., New Delhi, 11th Ed., 2012.
5. Tyagi, C L & Tyagi, Madhu, Insurance law and practice, Atlantic
Publishers, New Delhi, 2010.
Suggested Articles
1. Johri, Govind, “Need for law of Insurance in globalised world”,
Insurance Times, 2010, April, Vol. 30, No. 04, Page. 17 - 20.
2. Johri, Govind, “Customer satisfaction in emerging insurance market in
India”, Insurance Times, 2000, October, Vol. 20, No. 10, Page. 21 – 26.
3. Pant, Niranjan, “Development agenda for insurance regulation”,
Economic and Political Weekly, 2000, 4th March, Vol. 35, No. 10, Page.
762 – 764.
56
4. Prakash, Ravi, “Reinsurance law in India - Insuring insurer”, Corporate

Law Cases, 2010, January, Vol. 01, No. 01, Page. 32 – 42.
5. Ramesh Rao, K, “Tax laws and life insurance - 2000 - An effective tool in
marketing”, Insurance Times, 2000, October, Vol. 20, No. 10, Page. 8 –
17.
PAPER - 2.3: LAW RELATING TO INTERNATIONAL

COMMERCIAL TRANSACTIONS AND FOREIGN
TRADE
Law relating to international commercial transactions, also referred to as law
of transnational commercial transactions refers to that body of rules and
regulations governing private commercial transactions across national
frontiers. The main objective of this course is to help understanding the legal
framework governing transnational commercial transactions with special
reference. The subject is intended to cover all those sale transactions with
international dimensions but excludes private international law aspects. The
course is broadly divided into six Units.
UNIT I : Introduction -This unit intends to provide an overview of the
nature and scope of law relating to international commercial transactions. It
establishes the need for regulation in this area and broadly looks into the
reasons for states to involve more and more in international role. Further, it
deals with India’s trade policies, the need for harmonization of the domestic
laws pertaining to international trade and the various services of international
trade law.
UNIT II (Part-I) : Carriage of Goods by Sea– This part begins with an
overview of the problems and issues generally addressed in the contract of
sale. This will be followed by a discussion on the concepts such
asINCOTERMS, the Bill of Lading and Charterparties. Bill of lading is
discussed in detail with reference to common law, the Hague Rules and the
Hague-Visby Rules.
UNIT II (Part-II) : Carriage of Goods by Sea – The Hague Rules & The
Hague VisbyRulesare discussedin this Part. In India, the Hague Rules apply as a
57
matter of law due to The Indian Carriage of Goods by Sea Act,1925. Indian
law has not yet given effect to TheHague Visby Rules. The Carriage of Goods
by Sea Act, 1924 of the U.K was similar in terms to the Indian Carriage of
Goods by Sea Act, 1925. For the sake of convenience the provisions in the
Hague Rules-Visby Rules that are identical with are explained in some detail.
UNIT III: The subject of carriage by air is dealt with in this Unit. The carriage
of goods and passengers is gaining tremendous significance in the recent
times. From the perspective of trade alone, carriage of goods by air is essential
for transporting high-value and time-sensitive products across borders.
However, it has wider implications at the same time. The carriage of goods by
air has created an opportunity for landlocked nations to participate more in
global trade. It is clear therefore that the economic significance of carriage by
air cannot be over emphasised. This necessitates an understanding of the
international legal framework governing the carriage of goods and passengers
by air, the legal rules governing different types of carriage, the required
documentation, and the liability regime.
A number of international conventions govern the carriage by air ever since
the first attempt of harmonisation of the law was made by the Warsaw
Convention in 1929. Subsequent amendments to this convention in addition
with new conventions have created a complex web of rules which govern the
carriage by air with the most recent development in 1999 by way of adopting
Montreal Convention. The law dealing with air carriage in India is the Carriage
by Air Act, 1972 with the amended Act of 2009.
UNIT IV (Part-I) : Law relating to sale of Goods – This Partdiscusses the
contract of sale that forms a crucial part of international trade. The law
relating to the sale of goods is an important branch of mercantile law. In
particular, this Part focuses on some of the salient features of the Indian law of
sale of goods. The contracts relating to sale of goods in India are governed by
the Sale of Goods Act, 1930 which is complimentary to the Contract Actof
1872. Basic provisions of the Indian Contract Act would apply to contract of
sale of goods also.
UNIT IV (Part-II) : This Partelucidates the law relating to sale of goods in
the international context. Common law rules form the basis of all commercial
sales of goods within the United Kingdom and a very large share of the world’s
58
international sales as well. More importantly for us, common law acts as a
persuasive source of law as Indian sale of goods law derives many principles
from there.
However, it is obvious that these common law principles do not have universal
application. One of the most significant instruments operative in this field is
the Vienna Convention on Contracts for the International Sale of Goods,
1980 (the “CISG”). Even though India is not a party to CISG, its relevance lies
in the fact that this convention has been ratified by most of the major trading
countries, including China and the USA. Therefore, it exerts considerable
influence over export-import transactions across the world.
UNIT V: International Payment Mechanism– This Unit focuses on the
centrality of effecting the payment of sale price by the importer to the exporter
through letters of credit transaction. The concept and meaning of letter of
credit (L/C) are touched upon. Attention is then devoted to ‘The Uniform
Customs and Practice for Documentary Credits (UCP), in particular the use of
UCP 600. Apart from discussing few important definitional provisions, much
attention is paid to two fundamental doctrines, the doctrine of autonomy of
letter of credit and the doctrine of strict compliance, and incidental legal issues
such as complying presentation and rights and liabilities of the parties involved
in a letter of credit transaction.
UNIT VI : Settlement of International Commercial Disputes
Commercial transactions set in international context have tremendous
potential for disputes. So, amicable settlement of such disputes is the prime
concern of the parties. Over the years, international commercial arbitration
proved to be the most effective mode of settlement of disputes.
Hence, this Unit begins with the main advantages of the arbitration set in the
international/transnational context and discuses few basic subjects such as the
arbitration agreement, appointment of arbitrator/s, conduct of the arbitral
proceedings, definition of international commercial arbitration, and review of
arbitral awards. Besides, it addresses issues like choice of law and providing
interim measures in international commercial arbitration. The recognition and
enforcement of foreign arbitral awards in the India is evaluated.Finally, the role
of international conciliation is briefly discussed.
59
SELECT READINGS
Legislative Instruments/Rules
• The Carriage of Goods by Sea Act, 1925

• The Carriage by Air Act, 1972
• The Carriage by Air (Amendment) Act, 2009
• The Multimodal Transportation of Goods Act, 1993.
• Specific Provisions (Sections 2(1) (f), 9, 11 (9), 28, 34, 44-49) of the
IndianArbitration &Conciliation Act, 1996, as well as the amended Act.
Books
1. Murray, Carole et al., Schmittoff ’s Export Trade: The Law and Practice of
International Trade (Sweet & Maxwell), South Asian Edition, 11th Edn,
2007.
2. Chuah, Jason C.’E, Law of International Trade: Cross-Border
Commercial Transactions (Sweet & Maxwell) 4th edn. 2009.
3. Kronke, Goode and Wool Mckendrick, Transnational Commercial Law:
Text, Cases and Materials (Oxford University Press) N.Y, 2007
4. Bachawat R S., Law of Arbitration & Conciliation. (Lexis Nexis
Butterworths Wadhwa Nagpur, 5th edn. (Revised), Part II, Volume 2)
2010.
60
PAPER - 2.4: INTELLECTUAL PROPERTY

MODULE - I : INTRODUCTION TO INTELLECTUAL PROPERTY
Introduction; Objectives, Introduction to Property; Theories on Concept of

Property/IP: The Liberal view, Socialist View, The Marxian View, John Locke’s
‘Labour Theory, Occupation Theory, Personality Theory, Tragedy of
commons-Garrett Hardin [William Forster Lloyd 1832]; Classification of
Property; Intellectual Property Rights- Meaning and importance; Kinds of
IPR: Distinguishing Features- Patents, Copyrights and Neighbouring Rights,
Trade and Service Marks, Designs, Geographical Indications, Lay-Out designs
for Integrated Circuits; Self-Evaluation Questions.
MODULE - II : INTERNATIONAL REGIME OF INTELLECTUAL

PROPERTY RIGHTS
Objective, Introduction, World Intellectual Property Organisation; Treaties

Administered: The Paris Convention for the Protection of Industrial Property
(1883), The Budapest Treaty on the International Recognition of the Deposit
of Microorganisms for the Purposes of Patent Procedure (1977), Berne
Convention for the Protection of Literary and Artistic works, 1886, Rome
Convention, 1961, Brussels Convention Relating to the Distribution of
Programme - Carrying Signals Transmitted by Satellite (1974), Madrid
Agreement for the Repression of False or Deceptive Indications of Source on
Goods (1891) , Nairobi Treaty on the Protection of the Olympic Symbol
(1981) WIPO Copyright Treaty [WCT], The WIPO Performances and
Phonograms Treaty (WPPT) (1996), The Lisbon Agreement for the
Protection of Appellations of Origin and their International Registration
(1958), The Madrid Agreement Concerning the International Registration of
Marks (1891) and the Protocol Relating to that Agreement (1989), The Patent
Cooperation Treaty (PCT) (1970), Nice Agreement Concerning the
International Classification of Goods and Services for the Purposes of the
Registration of Marks (1957), Strasbourg Agreement Concerning the
International Patent Classification (1971,) Vienna Agreement Establishing an
International Classification of the Figurative Elements of Marks (1973)-
61
World Trade Organisation: Treaties Administered, Trade Related Aspects

of Intellectual Property Rights (TRIPS)
UNESCO, Treaties Administered: One important Intellectual property
Treaty that is adminsitered by UNESCO is the Universal Copyright
Convention;
UPOV : Treaties Administered, UPOV - INTERNATIONAL
CONVENTION FOR THE PROTECTION OF NEW VARIETIES
OF PLANTS ACT OF 1991, Food and Agriculture Organization: Treaties
Administered, International Treaty on Plant Genetic Resources for Food and
Agriculture (ITPGR).
OTHER INTERNATIONAL/REGIONAL TREATIES; Convention
on Bio-diversity 1992
MODULE - III : LAW OF COPYRIGHT AND NEIGHBOURING
RIGHTS
Law of copyrights- Copyright Defined, Nature of Protection, Evolution of
Copyright Law, Position in UK, Position in USA, Position in India; Basic
concepts under Copyright Act- Basis of copyright protection, Underlying
concepts, Idea-expression dichotomy, ORIGINALITY/CREATIVITY,
FIXATION, TERM OF COPYRIGHT PROTECTION- Categories of
copyrightable works / SUBJECT MATTER OF COPYRIGHT - Literary
works, Dramatic works, Musical works, Artistic works, Sound recording,
Cinematographic film; AUTHORSHIP AND OWNERSHIP OF
COPYRIGHT IN A WORK - AN AUTHOR, FIRST OWNER OF
COPYRIGHT, Contract of service and contract for service; Rights of the
copyright owner - Rights in Literary works, dramatic works and musical works,
Rights in Artistic works, Rights in Cinematograph film, Rights in Sound
recording, Co-existence of Rights; MORAL RIGHTS OR DROIT MORAL -
Right of authorship or paternity rights, Rights against distortion or mutilation
of the original works or integrity rights; LICENCE AND ASSIGNMENT -
License, Assignment, Acquisition of copyright- COMPULSORY LICENSE
& STATUTORY LICENSE, Copyright Act 1957, Compulsory license
provisions in International Conventions, Statutory Licenses; Technological
62
Protection Measures; Rights of performers & broadcasting organization,

Performers Rights; Infringement of copyright - Introduction, Essentials of
Infringement, FACTS TO BE ESTABLISHED BY PLAINTIFF IN CASE
OF INFRINGEMENT, TESTS FOR INFRINGEMENT, ABSTRACTION
TEST, PATTERN TEST, Total concept and feel test-ordinaray observer test,
Infringement of copyright in Computer Program, Defences against
infringement- Fair Use, Rationale for fair use, International Regime, TRIPS
Agreement – Three Step Test, The Berne Convention, An overview of CRA,
Computer programme, Fair dealing: Section 52 of Indian Copyright Act 1957,
News, Current event reporting, Educational, Research, Library uses, Judicial
proceedings/ Legislative Texts, In case of computer program, In making
Adaptation/Translation / derivative works, Private Use, The following is
stated for public display of artistic works, Use by the Author, Festivals /
Religious or official Ceremonies, Other Justified Pubic Fair Uses are as follows,
Technical Drawing, Facilitating the persons with Disability; Remedies for
infringement- Civil remedies, Criminal remedies; COPYRIGHT ON WEB
DOCUMENTS AND SOFTWARE, SOFTWARE LICENSING
PRACTICES, COPYLEFT, OPEN GENERAL LICENSE, Introduction,
Digitisation, Copyright and Internet, Linking, Caching.
MODULE – IV : LAW OF PATENTS
DEVELOPMENT OF LAW OF PATENTS - What is Patent, Justification
for the Patent System, Evolution of Patent Law in England, Evolution of
Patent Law in India, Need for a Patent System; PATENTABILITY
REQUIREMENTS- Introduction, Patentability Requirements: Patentable
Subject Matter, The exclusions or non-patentable inventions (Sections 3 & 4
of The Patents Act, 1970) in India are, European Patent Convention, Position
in US; NOVELTY- The Test for Novelty, True and First Inventor, Novelty is
an essential Pre-condition for Patent, Prior Publication, Prior Specification,
Prior Use, Public use, Sale of Product produced by Secret Methods, Secret
Use; PRIOR ART- The Novelty determination is either ‘absolute’ or ‘relative’.
Prior Publication, Exceptions to anticipation by prior publication,
Anticipation by public knowledge and public use, Anticipation by public
display, Anticipation by sale, Relevant Cases; UTILITY/INDUSTRIAL
63
APPLICABILITY- Utility, Meaning of Utility, Commercial Success not

Necessary, Amount of Utility;
NON-OBVIOUSNESS/INVENTIVE STEP - Test for Inventive Step,
The Inventive Step requirement – In Europe, The Inventive Step requirements
– In UK, The test for determining Non-obviousness, Relevant Cases; CASES
PERTAINING TO MODULE ON PATENTIBILITY REQUIREMENTS-
Patenting of Computer Programmes, Exclusion on grounds of Public Order
or Morality, Exclusion of Medial Methods, Inventive step or non-obviousness:
PROCEDURE FOR OBTAINING PATENT-INDIA- Filing, Application
may be provisional or complete, Provisional application, Complete
Application, Request for Examination (RFE), Publication, Examination,
Putting application in order for grant, Opposition- Pre Grant and Post Grant,
Pre Grant Representation, Patent Grant, Post Grant opposition, Registration
and Renewal Fee Payment; INTELLECTUAL PROPERTY APPELLATE
BOARD PATENT REVOCATION PROCEDURE OBTAINING
PATENT – European Patent Office (EPO), Process Of Acquiring A
European Patent, Filing, Publication, Search, Examination, Grant;
INFRINGEMENT OF PATENTS, FREEDOM TO OPERATE,
DEFENSES FOR INFRINGEMENT ACTION & REMEDIES,
INFRINGEMENT OF PATENTS - Rights of the Patentee, Term of Patent,
Infringement, Direct Infringement, Literal Infringement, Equivalence
Infringement, Indirect Infringement; TESTS FOR DETERMINATION OF
INFRINGEMENT - Construction of Claims, Pith and Marrow doctrine,
Purposive Construction Test, Doctrine Of Equivalence; PROSECUTION
HISTORY ESTOPPEL- Defences, Experiment, Research or Education,
Bolar Exemption, Government use, Patent Exhaustion, Patent Misuse,
Inequitable Conduct, REMEDIES - Relevant Cases, CASES RELEVANT
TO THE MODULE - Infringement: DOE/PHE; Regulatory Approval
Defense: [BOLAR EXCEPTION]
MODULE V : LAW OF TRADEMARKS
Objective, Introduction, Development of The Law of Trademark, Evolution
of Trade Mark Protection in India, Spectrum of Distinctiveness, Defintion of
Trademark, Non-Conventional Marks; PROCEDURE FOR
64
REGISTRATION OF TRADEMARK - Application, Examination, Grounds

of refusal of registration, Acceptance & advertisement, Opposition,
Registration, Renewal; RIGHTS OF TRADEMARK OWNER - Right To
Exclusive Use, Right to License & Right to Assign, Assignment of
Trademarks, Licensing of Trademark, Difference between assignment and
license; RIGHT TO SUE FOR INFRINGMENT - Essentials, Dilution of
Tr a d e m a r k - B l u r r i n g a n d Ta r n i s h m e n t , C O M PA R A T I V E
ADVERTISEMENT, United Kingdom, India; CERTIFICATION MARKS;
COLLECTIVE MARKS; TEXTILE MARKS - Registration of Collective
Marks; Passing off - Essential elements of passing off, Difference between
Infringement and Passing Off, REMEDIES FOR INFRINGMENT, Domain
name protection, Domain Name Dispute Policies, The Indian Interpretation;
MODULE SELF-EVALUATION QUESTIONS; CLASSIFICATION OF
GOODS
MODULE - VI : GEOGRAPHICAL INDICATION
Geographic Indications-Objective, Introduction, Justification for protection;
International Position-Paris Convention on the Protection of Intellectual
Property, 1883, The Madrid Agreement, Lisbon Agreement, TRIPs
Agreement, Bilateral Agreements, Regional Developments –EU - Designation
of origin and Geographical Indication, 6.2.6.2. Product Specification,
Application for Registration, Examination by the Commission, Objections,
Names, indications and symbols, Amending the product specification, Official
controls, Cancellation, Protection, Relations between trademarks,
designations of origin and GI, Committee Procedure, Fees, Case study:
Spanish Champagne case; Geographical Indication protection in India-
Criteria, Procedure for Registration in India, Duration, Rights, Overlap
between trademark and GI, Remedies; Case studies- Darjeeling tea case,
Pochampally Ikat Case; Information provided by the Geographic Indication
Registry, Chennai, India- Summary; Self-examination questions.
Module VII – LAW OF DESIGNS
The Law of Designs- Introduction, Meaning of Designs; Development of
Law of Designs; Design Defined, Basic Principles of Design Rights,
Protection for Designs, Historical Perspective, Philosophy of design
65
protection; Publication- Publication of Designs and Patents Distinguished;

Functional Designs; International Law and the Industrial Designs- The TRIPs
Agreement, Paris Convention for the Protection of Industrial Property, 1967;
Evolution of Design Protection in England; Evolution of Design Protection
in India - Procedure for Registration of Designs, Features of Shape,
Configuration, Pattern, New or Original, Applied To an Article, An Article,
Made and Sold Separately, Appeal to and Judged Solely by the Eye;
EXCLUDED SUBJECT- MATTER- Method or Principle of Construction,
Features Dictated solely by Function, Mechanical Device, Trademark, or
Property mark, or Artistic work, Immoral Designs and Designs contrary to
Public Order, LAW OF INDUSTRIAL DESIGNS IN UNITED
KINGDOM, Registered Designs, Design Right, Term of Design Protection,
Copyright in Design, LAW RELATING TO INDUSTRIAL DESIGN IN
U.S.A- Design Patents, Trademarks for designs – trade dress or product
configurations, Copyright, Brief Summary, Registration of Designs in India,
Rights of the Owner of Designs and Tests for Infringement- Assignment of
Design Rights, Infringement of Designs, Defenses in Design Infringement,
Remedies against Infringement of Designs, Flow chart of Registration of
Design.
MODULE - VIII
PROTECTION OF PLANT VARIETIES AND FARMER’S RIGHTS,
SEMICONDUCTOR INTEGRATED LAYoUT DESIGNS, TRADE
SECRETS, BIOLOGICAL DIVERSITY.
Semiconductor Integrated circuits Layout - Design: The Act: Layout, Design
Procedure for Registration of Layout - Design, Registry: Application,
Opposition: Registration, Term, Rights of the holder: Assignment and
Transmission Registered User Infringement of Layout - Design;
Protection of Plant Varieties- Objective, Introduction, International Position
UPOV, 1991, Plant Varieties Protection In India, Introduction, Plant Variety
that can be registered, Extant variety Registration of the Plant Varieties, Term
of protection Rights of the Breeder Revocation, Compulsory license Farmer’s
Rights Benefit Sharing, National Gene Fund, Criminal Remedies;
Trade secrets protection- Trade Secrets defined, Evolution of the law relating
66
to trade secret: Trade secrets and confidential information: Basis for

Protection;
Biological Diversity Act 2002: Introduction, Regulation of Access to
Biological Diversity, Biodiversity Fund, Authorities under the Act, National
Biodiversity Authority, State Biodiversity Boards, Biodiversity Management
Committees.
Suggested Books
1. Kankanala, Kalyan C, Fun IP : Fundamentals of intellectual property,
Asia Law House, Hyderabad, 2012.
2. Mishra, J P, An introduction to intellectual property rights, Central Law
Publications, Allahabad, 2nd Ed., 2009.
3. Narayanan, P, Intellectual property law, Eastern Law House, Calcutta,
3rd, 2002.
4. Padmanabhan, Ananth, Intellectual property rights : Infringement
and remedies, Lexix Nexis / Butterworths, Nagpur, 2012.
5. Singh, Yatinder, Cyber laws: A guide to cyber laws, information
technology, computer software, intellectual property rights,
e-commerce, taxation, privacy, etc., along with policies, guidelines and
agreements, Universal Law Publishing Co.Pvt.Ltd., Dehra Dun, 4th Ed.,
2010
Suggested Articles
1. Agitha, T G, “Trademark dilution : Indian approach”, Journal of the
Indian Law Institute, 2008, July-Sept, Vol. 50, No. 03, Page. 339 – 366.
2. Ashok, Arathi, “Technology Protection Measures and the Indian
Copyright (Amendment) Act, 2012 : A Comment”, Journal of Intellectual
Property Rights, 2012, November, Vol. 17, No. 06, Page. 521 – 531.
3. Chaubery, Ravi K, “Intellectual property rights under the trips
agreement-curse or boon for India in the era of globalisation?”, Indian
Bar Review, 2004, Jul-Dec, Vol. 31, No. 03&04, Page. 333 – 348.
4. Gupta, Atul, “Integrated circuits and intellectual property rights in
India”, Journal of Intellectual Property Rights, 2005, November, Vol. 10,
No. 06, Page. 474 – 479.
67
5. Reddy, G B & Kadri, Harunrashid A, “Local Working of Patents -

Law and Implementation in India”, Journal of Intellectual Property
Rights, 2013, January, Vol. 18, No. 01, Page. 15 – 27.
PAPER 2.5: TAXES ON CORPORATIONS AND

COMMODITIES
Module I: General Principles of Taxation
1. Fiscal Policy – Policy – Role in developing Countries – Fiscal Derigism –

Role in New Economy Policy of the Government of India.
2. Taxes – Types – Direct and Indirect – Features – Canons of Taxation –

Economic Consequences of Taxation.
Constitutional: Provisions, Powers -Limitations – Judicial Approach.
Module II: Direct Taxes
Types, Features, Broad Outline of Income Tax and Wealth Tax.
Module III: Corporate Tax –I
Features, Importance, Economic and Legal Aspects – Taxanomy of

Companies and Corporations -Special Features Affecting Incidence of
Taxation Assessment Procedure, Features and Problems - Raja Chelliah
Committee Recommendations – Budget Proposals of 2001 and of relevant
current year, Transfer Pricing – Amendments to Section 92 of the Income Tax
Act, 1961.
Module IV: Corporate Tax-II
Zero based Companies, Section 104 and 114-J Companies – Tax Dispute
Resolution Procedure – Administrative – Appellate - Judicial Trends –
Transfer Pricing, Tax Avoidance – Methods and Judicial Approach.
Module V: Goods and Services Tax Law
GST Model, Evaluation of GST Law and GST Principles , Important

Concepts in GST law like ITC, Anti-profiteering, etc.,, Constitutional Design
68
of GST law in India, GST Laws; Salient Features - Structure, GSTC – GSTN -
Judicial set-up for GST, Excerpts from Government Reports related to GST.
Module VI: Customs Law in India
Customs duty in India- Basic Concepts – Warehousing, Drawback, Export and

Import, Baggage, Offence and Prosecutions – New Ideas and Approaches
towards Customs – Evaluation.
Module VII: International Tax with special reference on Taxation of E-

Commerce
Principles and Features of International Taxation, Legal Issues arising from

Double Taxation Agreements, Judicial Approach – Problems arising from E-
commerce.
NOTE: Inserted EW Annexure-I (2017) to Module VII [GAAR law,

Equalization Levy, APA)]
Suggested Books
1. Agrawal, H P, Business collaborations in India along with text of
double taxation treaties (In 2 Volumes), Wadhwa and Co., Agra, 7th, 2005.
2. Gopalakrishnan, K C, A text book on tax law, National law School of
India University, Bengaluru, 1994.
3. Gopalakrishnan, K C & Kanthi, Aruna, Taxation of electronic
commerce, Snow White, Mumbai, 2011.
4. Santhanam, R, Handbook on double taxation avoidance agreements
and tax planning for collaborations, Commercial Law Publishers ( India)
Pvt. Ltd., Delhi, 2001.
5. Vogel, Klaus, Double taxation conventions : A commentary to the
OECD, UN and US model conventions for the avoidance of double
taxation of income and capital with particular reference to German treaty
practice, Kluwer Law & Taxation Publishers, Boston, 3rd Ed., 2005.
69
Suggested Articles
1. Khincha, H Padamchand, “Corporate taxation : Recent
developments”, Current Tax Reporter, 2000, Vol. 158, Page. 70 – 87.
2. Pandey, T N, “Finance bill 2000 : Extra surcharge in non-corporate
taxpayers unwanted”, Corporate Law Adviser, 2000, April-June. Vol. 37,
Page. 32 – 35.
3. Pandey, T N, “Proposals on direct taxes concerning corporations”,
Company Law Journal, 2006, April, Vol. 04, No. 01, Page. 14 – 16.
4. Prasad, P.V.S.S., “Finance bill,2007 - Corporate taxation proposals.”,
Taxman, 2007, Vol. 116, No. 02, Page. 60 – 64.
5. Singh, Jaideep, “Piercing the Corporate Veil in Taxation Matters (India
and International Transactions with Special Reference to Direct Taxes
Code)”, Corporate Law Cases, 2012, April, Vol. 02, No. 04, Page. 211–
220
70
DIPLOMA PROGRAMMES
ONE YEAR POST GRADUATE COURSE
71
5
SYLLABUS OF POST– GRADUATE DIPLOMA IN

HUMAN RIGHTS LAW (PGDHRL)
Ÿ PGDHRL started in the academic year 1996-97.
Objective of the Course:
The Course main emphasis is to study human rights in a global perspective.

Historical development of human rights, from United Nations Charter and its
declarations to various International Conventions and treaties to which India is
a party have been analysed. Role of human right bodies, both national and
international and its functions have been critically discussed. Legislative,
executive and judicial response for the protection of human rights in India
have special mention. The aim is to equip the scholar with the knowledge and
critical understanding of human right discourse, role and responsibilities of
various administrative bodies and its implication to the Indian context.
• COURSE OUTLINE
Paper I: Introduction to Law & Legal Systems
Paper II: Jurisprudence and the concept of Human Rights
Paper III: Law and Enforcement of Human Rights in International

Regime
Paper IV: Protection and Enforcement of Human Rights in India
Paper V: Dissertation
72
5 : Syllabus of Post– Graduate Diploma in Human Rights Law (PGDHRL)
CURRICULUM AND READINGS
PAPER I: INTRODUCTION TO LAW AND LEGAL

SYSTEM
Objective of the Paper:
This paper attempts to introduce the scholar to the basic understanding of law
and its legal system. This provides a scholar an opportunity to equip with the
understanding of law, various theories about law, its sources and the
functionality of legal system in India. This paper gives a bird eye view about
various organs of Government, i.e. Legislature, Executive and the Judiciary.
Different classification of law, like civil and criminal, substantive and
procedural, public and private, makes the reader get an insight to the legal
system and its operation. Constitutional study of the legal system and its
governance is the main focus with the available Constitutional remedies as
fundamental right. An introduction to basic law like Law of torts, Contract
Law, Property Law and criminal law-provides the scholar with a background to
the study of law in India, while the Unit on International law provides an
understanding of international legal regime as applicable to India.
1. UNDERSTANDING LAW AND LEGAL SYSTEM IN GENERAL
Introduction to Law: Different ‘theories’ about law - Pure Theory of Law -
Natural Law Theory - Traditional Natural Law Theory -Second Kind of
Natural Law -Introduction to legal system
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system - Law making
organ - Institutions entrusted with execution of law; Institutions connected
with adjudication & rule governing adjudication - Law Enforcement in India -
Central Armed Police Forces - Central Investigation and Intelligence
Institutions - Central Forensic Institutions
3. HOW TO FIND APPROPRIATE LAW?
Sources of Law; Legislation, Delegated Legislation, Ordinances, Judicial
73
Decisions and Precedent, Constitutional Law, Custom as Source of Law,

Contracts as Law, Equity – Standards of Justice and Good Conscience,
Classification of Law – Civil and Criminal Law – Substantive and Procedural
Laws – Public and Private Laws.
4. THE INDIAN LEGAL SYSTEM
What is a ‘Constitution’?; Evolution in the Models of Constitution,
Constitution and Constitutional Law, Constitution as the supreme law of the
Land, Evolution of the Constitution ; The Nature of the Indian Constitution;
Salient Features of the Indian Constitution ; Longest written constitution–
Federal Structure – Parliamentary form of Government – Unique blend of
rigidity and flexibility – Democratic Republic – Fundamental Rights
–Directive Principles of State Policy – Fundamental Duties – Secular State –
An Independent Judiciary – Adult Sufferage; Basic structure of the
Constitution, Citizenship; Fundamental Rights; Right to Equity- Right to
Freedom –Rights against Exploitation – Right to Freedom of Religion –
Cultural and Educational Rights – Right to Constitutional Remedies –
Mandamus – Quo Warranto – Certiorari – Prohibition – Habeas Corpus ;
Directive Principles of state Policy; Directive Principles v Fundamental
Rights; Structure of Government ; Powers of the president; Executive Powers,
Military Powers, Diplomatic Powers, Financial Powers, Legislative Powers,
Ordinance Making Power, Pardoning Power, Emergency Powers, Courts of
Law, Jurisdiction and Re-organization of Courts; Tribunals under the
Constitution.
5. FEW REPRESENTATIVE LAWS
Law of Torts; Essentials of a tort, Act or Omission, Legal Damage; Mental
Element in Tortious Liability; principles of Liability, Fault Based Liability,
Vicarious Liability, Negligence, Strict liability, Absolute liability; General
Defences to Tortious Claims
6. LAW OF CONTRACT
Principles of Contract; Few essential terminologies; Agreements and
Contracts: Difference and Relationship; Essential Elements for the
74
Construction of the Contract; Offer – Acceptance – Consideration; Law

Relating to Performance of a Contract.
7. CRIMINAL LAW
Crime and Criminal Law; Criminology, Criminal Policy, Criminal Law;
Principles of Criminal Liability, Mala in se and Mala Prohibita, Actus Reus,
Intention, Motive, Knowledge, Foresight of the consequences.
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests–
Easements; Modes of holding ownership; Intellectual Property Rights;
Patents, Copyrights, Industrial Designs, Trademark
9. MISCELLANEOUS
What is International Law? ; Nature of International Law ; What are the
sources of International Law; Custom, Treaties, General Principles of Law
Recognised by the Civilized Nations, Judicial Decisions, Juristic Works, Equity,
Resolution of the General Assembly; Few important International
Organization; Public Interest Litigation; Judicial Activism; Alternate Dispute
Resolution Mechanism; Adjudication; Civil Adjudication, Criminal
Adjudication, Constitutional Adjudication.
Suggested Books
1. Altman, Andrew, Arguing about law: An introduction to legal
philosophy, Wadsworth Publishing Company, Australia, 2nd Ed., 2001.
2. Gibbons, John, Language and the law, Longman Group, London, 1994.
3. Kanti, Tushar Shha, Text book on legal systems and research,
Universal Book Publishing Pvt. Ltd, New Delhi, 2010.
4. Kenny, Phillip H, Studying law, Butterworths, London, 4th Ed., 1998.
5. Padma, T & Rao, K P C, History of courts, legislatures and legal
profession in India, ALT Publications, Hyderabad, 2010.
6. Raz, Joseph, The authority of law: Essays on law and morality, Oxford
University Press, Oxford, 2nd Ed., 2008.
75
7. Verma, S K, & Wani, M Afzal, Legal research and methodology,

Indian Law Institute, New Delhi, 2nd Ed., 2001.
8. Weeramantry, C G, An invitation to the law, Lawman (India) Pvt. Ltd.,
New Delhi, 1998.
9. Williams, Glanville, Learning the law, Sweet & Maxwell, London,
14th Ed., 2010.
10. The rule of law and human rights: Principles and definitions,
International Commission of Jurists, Geneva, 1966.
Suggested Articles
1. Agrawala, Rajkumari, “Indian Legal Research: An Evolutionary and
Perspective Analysis”, 1982, Jan – Dec., Vol. 24, No. 01 – 04, Page. 472
2. Parikh, Sanjay, “Understanding the rule of law : Domestic and
International”, Indian Journal of International Law, 2009, April-June,
Vol. 49, NO. 02, Page. 271 – 278.
3. Ranga, Sudhir, “A study of legal system in India, Legal News and
Views, 2003, December, Vol. 17, No. 12, Page. 45 – 48.
4. Soni, Akanksha & Kumar, Amit, “Legal provisions relating to
probation of offenders in India”, Criminal Law Journal, 2013,
November, Vol. 04, No. 11, Page. 166 – 174.
5. Zander, Michael, “Promoting Change in the Legal System”, Journal of
the Indian Law Institute, 1982, Jan – Dec., Vol. 24, No. 01 – 04, Page. 362
– 380.
76
PAPER II : JURISPRUDENCE AND THE CONCEPT

OF HUMAN RIGHTS
1. Human Rights In Global Perspective - Significance of Human Rights in
the Contemporary Society Universalization of Human Rights - Issues
and Challenges Related to Human Rights-Absence of Third World
Cultural Norms in the Universal Human Rights Standards -Protections
for Vulnerable Section
2. Historical Development of the Concept of Human Rights -
Philosophical Foundations of Human Rights Theories of Human
Rights-Justification For Human Rights- Individual Rights, Group Rights
and Collective Rights
3. Contribution of Natural Law to the Concept of Human Rights - P e r i o d
of Renaissance and Reformation and Contribution of Hobbes, Locke
and Kant-Freedom Developed under the Basic Laws of Nations- Post-
Un Charter Development
4. Basic Concept of Rights - Positive Rights and Negative Rights Duties
Attached To Rights- Negative and Positive Duties
5. State Sovereignty and Human Rights - Universalism and Cultural
Relativism-Feminist Perspective of Human Rights - The Post-Colonial
Critique
6. Derogable And Non-Derogable Rights permitted Scope for Derogation
margin Of Appreciation And The Tests of Necessity and Proportionality
7. Institutions for Monitoring and Enforcing Human Rights-International
Human Rights Bodies - National Human Rights Commissions - Role of
Judiciary-Ngo’s and Civil Societies-Legal Profession and the Media
8. Rule of Law and Its Relation to the Rights Protection linkage of Rule of
Law to Human Rights, Human Rights and Constitutional Governance
Significance of Good Governance and Democratic Participation in
Promoting Human Rights.
77
PAPER III : LAW AND ENFORCEMENT OF

HUMAN RIGHTS UNDER INTERNATIONAL
REGIME
1. Introduction- Historical Development - Human Rights and the United
Nations
2. Obligation upon States under Traditional International Law And The
Rights of Aliens Under Customary International Law - Obligation of
States to Conform to International Human Rights Standards - The
Protection of Human Rights under the United Nations System and the
Enforcement of Human Rights Law - State Responsibility for the
Violation of International Human Rights
3. Charter-Based System for the Promotion and Protection of Human
Rights-The Human Rights Council and other Bodies Under The Charter
System of Protection of Human Rights
4. The International Conventions for the Protection of Human Rights-
Treaty Bodies, Their Powers and Functions in Monitoring Human Rights
Situations.
5. The United Nations Human Rights Bodies like the Office of the High
Commissioner for Human Rights and Special Rapporteurs on Human
Rights
6. Development-Right to Development as Human Right - UN Declaration
on Right to Development.
7. Role of Non-Governmental Organizations in the Protection and
Promotion of International Human Rights
8. Emerging Dimensions of Human Rights - Autonomy Movements and
the Limits of Self-Determination- Erosion of Human Rights in the
Context of Terrorism.
78
PAPER IV : PROTECTION AND ENFORCEMENT

OF HUMAN RIGHTS IN INDIA
1. Origin and Development of Human Rights in India.
2. State Obligation in Respect of International Human Right
3. Indian Constitution: A Human Rights Document
4. Constitutional Protection of Human Rights
5. Judicial Enforcement of Human Rights
6. Legislative Measures to Protect Human Rights
7. Role of Judicial Activism and Public Interest Litigation in Promoting and
Protecting Human Rights in India.
8. The Protection of Human Rights Act, 1993, and Human Rights
Commission
Suggested Books
1. Krishna, Iyer V R, Human rights and the law, Vedpal Law House,
Indore, 1986.
2. Singh, Gurudip, Human rights in 21st century : Changing dimensions,
Universal Law Publishing Co.Pvt.Ltd., New Delhi, 2012.
3. Singh, Ranbir, Documents on universal periodic review human rights
report India 2008 – 2012,
4. National Law University, Delhi, 2012.
5. Sinha, Manoj Kumar, Basic documents on international human rights
and refugee laws, Manak Pub Pvt. Ltd., New Delhi, 2000.
6. Thomas, Sarasu Esther, Gender, human rights and law, NLSIU,
Bengaluru, 2011.
Suggested Articles
1. Guttal, G H, “Human Rights - the Indian Law”, Indian Journal of
International Law, 1986, Vol. 26, No. 01 - 02, Page. 53 – 71.
2. Haragopal, G & Jagannatham, B, “Terrorism and Human Rights :
Indian experience with repressive laws”, Economic and Political Weekly,
2009, 11th July, Vol. 44, No. 28, Page. 76 – 105.
79
3. Kumar, Vijay & Sharan, Shankar, “An Indian view on human

rights”, Gandhi Marg, 2007, Oct-Dec, Vol. 29, No. 03, Page. 311 – 326.
4. Menon, Chandrashekhar T, “Protection of human rights in India”,
Cochin University Law Review, 2000, Jan-June, Vol. 14, No. 01&02, Page.
1 – 8.
5. Vibhute, K L, “Human rights violations and the police in India : Some
legal and remedial dimensions”, Indian Journal of Human Rights, 2001,
Jan-Dec, Vol. 05, No. 01&02, Page. 154 – 170.
PAPER V - DISSERTATION OR PROJECT WORK

We have suggested a few topics for dissertation. The students could either
improvise on the given topics or formulate a new topic of their own. In such
case the students are required to inform the department for validity of the
topic before undertaking any substantive research work. Students will have
to seek approval of a new topic within three months prior to the date of the
examination. If a student is selecting any one of the topics provided in the
hand book, then the student need not write to the department.
TOPICS FOR HUMAN RIGHTS DISSERTATION
TOPICS FOR HUMAN RIGHTS DISSERTATION
1. Human rights and victim compensation.
2. Custodial violence: The Human Rights Implications
3. Human Rights Protections for Vulnerable and Disadvantaged Groups:
The debate on Race and Caste
4. Right to Education in India.
5. Naxalites: Human Rights perspective.
6. Human rights and Constitutional perspectives of Domestic Violence
Act 2005.
7. The eradication of poverty in the era of globalization: A human rights
perspective
8. Human rights and environmental protection
9. Reproductive Rights as Human Rights.
80
10. Health as a human right

11. Human rights of prisoners: The constitutional context
12. The human rights of children: A working of the Juvenile Justice system.
13. Judicial protection of human rights: Myth or reality
14. Enforcement of human rights through public interest litigation: With
special reference to right to life
15. Religion and the Global politics of Human Rights
16. The Legal Framework for Eradicating Corruption : A Comparative
Analysis
17. International Institutional Mechanisms for Addressing Gross Human
Rights Violations.
18. Terrorism and Human Rights
19. A critical Evaluation of the Policies, Practices and Effectiveness of Non
Government Organizations
20. National Commission for Protection of Child Rights
21. A Comparative Analysis of Regional Human Rights Courts
22. Rights of Victims : The International Framework
23. Multinational Corporations and Human Rights Violations : A Case Study
24. Third World and Human Rights: Context, Issues and Challenges
25. Rights of Victims in the ICC
26. Rights of people with disability in India: Laws, Cases and the Reality
27. The Role of Media in human Rights Promotions/Protection
28. Access to justice for women in sex work.
29. Legal Protection for victims of Human Trafficking.
30. Bonded Labour: A failure of Constitution and Human Rights
Protection.
31. Marriage Equality and Human Rights in some sex relationships.
32. Dimension of the Right to Privacy: A comparative study.
33. The Right to live includes the Right to Die: A study of Euthanasia Law.
34. Child Sexual Abuse Law – Are Child Rights Protected?
81
35. Persons with Disabilities: Issues of Inclusion and Human Rights

36. Social Security policies as a human right
37. Rights of the Elderly: A look at the legal framework and suggestions for
reforms
38. Substantive Criminal Justice and Human Rights Norms
39. Poverty and Human Rights
40. Arms Control and Human Rights
41. The SC/ST (Prevention of Atrocities) Act and its working
42. The NAZ Foundation Case and its implications
43. Right to Information Law: The History of People’s Movement
44. Caste and the Constitution: A critical look at Protection of protection of
Constitutional Guarantees
45. Role of Judiciary in Protection of Basic Liberties
46. State’s role I the protection of Cultural Rights of Minority Groups
47. Human Rights and Economic Development
48. Human Rights Education and Human Rights Law- Two Worlds?
49. The Right to Information and Human Rights
50. Right to Privacy and Human Right
51. Right to water as human right
52. Indian Constitution as a human rights document
53. Self-determination as human right
54. The concept of best interests of the child
55. The concept of sovereignty and the impact of human rights on it.
56. A paradigm change in the development discourse on women’s human
rights and empowerment.
57. Human rights, climate change and disaster – induced cross border
displacement
58. The road from principles to practice: today’s challenges for business in
respecting human rights.
82
6
SYLLABUS OF POST–GRADUATE DIPLOMA IN

MEDICAL LAW AND ETHICS (PGDMLE)
Ÿ PGDMLE started in the academic year 1999-2000
The main objective of the Course is to bring an interlink between ‘law’ and
‘medicine’. The Course helps an interdisciplinary study between law and health
and identifies specific nature of relationship that exists between a medical
practitioner and his patient. The course contextualizes the constitutional
dimension to ‘right to health and discusses the various international legal
documents which attempts to ensure ‘right to health’ to all. Obligations of the
medical professionals, the duty of care and the responsibilities of hospital
administration towards the sick are highlighted. Various remedies available to
patients for breach of doctor’s duty, like civil, consumer protection, criminal
and professional regulatory bodies are discussed. The complex issues of
‘consent’ and ‘confidentiality’ are discussed at length to bring about better and
effective compliance amongst the medical fraternity. The Course highlights the
emerging issues in the field of medicine like HIV/AIDS, clinical trials,
surrogate motherhood and euthanasia. The course equips a scholar in
understanding of law, health and its legal system.
COURSE OUTLINE:
Paper I: Introduction to Law & Legal System

Paper II: Law & Health – An Interphase
Paper III: Medical Professional & Patient – The Legal Relationship
83
Paper IV : Law & Medicine – Some Emerging Issues

Paper V : Dissertation
PAPER I : INTRODUCTION TO LAW AND LEGAL

SYSTEM
Different classifications of law, like civil and criminal, substantive and
Natural Law Theory - Traditional Natural Law Theory - Second Kind of
Natural Law - Introduction to legal system
2. LEGAL SYSTEM
Central Armed Police Forces - Central Investigation and Intelligence
Institutions - Central Forensic Institutions.
84
6 : Syllabus of Post-graduate Diploma in Medical Law and Ethics (PGDMLE)

What is a ‘Constitution’? ; Evolution in the Models of Constitution,
Salient Features of the Indian Constitution ; Longest written constitution –
rigidity and flexibility – Democratic Republic – Fundamental Rights –
Directive Principles of State Policy – Fundamental Duties – Secular State – An
Independent Judiciary – Adult Sufferage; Basic structure of the Constitution,
Citizenship; Fundamental Rights; Right to Equity - Right to Freedom – Rights
against Exploitation – Right to Freedom of Religion – Cultural and
Educational Rights – Right to Constitutional Remedies – Mandamus – Quo
Warranto – Certiorari – Prohibition – Habeas Corpus ; Directive Principles of
state Policy; Directive Principles v Fundamental Rights; Structure of
Government; Powers of the president; Executive Powers, Military Powers,
Diplomatic Powers, Financial Powers, Legislative Powers, Ordinance Making
Power, Pardoning Power, Emergency Powers, Courts of Law, Jurisdiction and
Re-organization of Courts; Tribunals under the Constitution.
6. LAW OF CONTRACT
85

relating to Performance of a Contract.
7. CRIMINAL LAW
Principles of Criminal Liability, Mala in se and Mala Prohibita,? Actus Reus,
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests –
9. MISCELLANEOUS
Suggested Books
Universal Book Publishing Pvt.Ltd, New Delhi, 2010.
6. Raz, Joseph, The authority of law : Essays on law and morality, Oxford
86

New Delhi, 1998.
14th Ed., 2010.
Suggested Articles
Perspective Analysis”, 1982, Jan – Dec., Vol. 24, No. 01 – 04, Page. 472 –
513
Vol. 49, NO. 02, Page. 271 – 278.
probation of offenders in India”, Criminal Law Journal, 2013, November,
Vol. 04, No. 11, Page. 166 – 174.
the Indian Law Institute, 1982, Jan – Dec., Vol. 24, No. 01 – 04, Page.
362 – 380.
PAPER II - LAW & HEALTH – AN INTERPHASE

CONTENTS OF THE PAPER
1. MODULE ONE – INTRODUCTION TO HEALTH LAW
a. What is ‘health law’?
b. What is the role of ‘state’ (or law) in ensuring ‘health’ in any political
society?
87
c. Recognition of ‘health’ as an important individual right in the

contemporary context.
2. MODULE TWO – HEALTH, LAW AND ETHICS
a. What is Ethics?
b. How it is related to morality?
c. Establishing the interlink-age between Health Law and Ethics;
3. MODULE THREE – HEALTH LAW IN THE INDIAN
CONTEXT
a. Constitution and Health
b. Recognition of right of an individual to health;
c. Various decisional laws (of constitutional courts) pertaining to health
d. Conclusions.
4. MODULE FOUR – VARIOUS STATUTORY PROVISIONS
PERTAINING TO HEALTH
a. Public Health Acts [various acts of the states; and also specific reference
would be made to the recent central initiative of bringing model public
health law for the country];
b. The Medical Establishments Act (state initiatives to regulate the medical
establishments to conform to certain parameters);
a. Law relating to Blood Banks;
b. Environmental Laws and emphasis upon health;
c. Law relating to local self governments and provisions to ensure better
public health parameters therein;
d. Town & Country Planning Act and the provisions pertaining to health
therein;
e. Common law principles and ensuring health parameters.
5. MODULE FIVE – ‘HEALTH’ IN INTERNATIONAL
PERSPECTIVE
a. Various international documents and initiatives marking the importance
of health (recognizing it as an important right of an individual);
b. Human rights documents and emphasis upon health;
c. Other international documents (like patients right charter etc.)
88
6. MODULE SIX –HEALTH DELIVERY SYSTEM IN INDIA

a. The Ministry of Health & Family Welfare; the Department of Health &
Family Welfare and other state agencies working in the area of health care
delivery;
b. Various central and state level policies and programmes relating to health
care delivery in India (like Rural Health Mission, etc.,)
c. Insurance and health sector.
d. Miscellaneous.
PAPER III - MEDICAL PROFESSIONAL & PATIENT -

THE LEGAL RELATIONSHIP
CONTENTS OF THE PAPER
1. MODULE ONE – THE MEDICAL PROFESSION IN INDIA
i. Understanding the concept of profession
ii. Introduction to medical profession
1. Indian Medical Council;
2. Other professional regulatory Authorities established for various
streams (like Indian system, homeopathy etc.,)
3. Conclusions
2. MODULE TWO – ESTABLISHMENT Of DOCTOR PATIENT
RELATIONSHIP
i. Under contract law;
1. When patient approaches the doctor with request for treatment by
medical practitioner;
2. Implications to doctor patient relationship under contract law;
ii. Under tort law
1. During the state of medical emergency; and
2. Where the doctor is treating patient for free of charge
3. Implications of such relationship.
89
iii. The remedies available for the patient (for breach of doctor’s duty of
treatment)
1. Civil remedies
a. Under breach of contract
b. Under tort law
c. Under consumer protection act
2. Criminal remedies
3. Tertiary remedies
a. Complaint to professional regulatory body.
iv. The consequence of established doctor patient relationship
1. The concept of duty of care;
2. Various situations (of judicial interpretation of duty of care
concept)
v. Conclusions.
3. MODULE THREE – CONSENT & MEDICAL TREATMENT

i. The need for consent to treatment by the medical practitioner
ii. The concept of body autonomy of an individual;
iii. Concept of informed consent
1. What is meant by informed consent?
2. What is the level of information required for obtaining informed consent
iv. The recent judicial trend in the area of consent (i.e. prior informed
consent)
v. Complex cases and medical consent
1. Minor resisting treatment;
2. Insane person etc.,
90
4. MODULE FOUR – CONFIDENTIALITY AND MEDICAL

PRACTICE
i. Confidentiality as a right;
ii. Medical practitioner’s duty to maintain confidentiality;
iii. The Indian decisional law on confidentiality
iv. Miscellaneous.
5. MODULE FIVE - MISCELLANEOUS
PAPER IV - LAW & MEDICINE – SOME

EMERGING ISSUES
I: Abortion & Reproduction
1.1 Introduction
1.2 Meaning and Types
1.3 Ethical Considerations
1.4 Pro-Abortion Arguments
1.5 Legal Regulation of Abortion In The United States
1.6 Indian Position II: Assisted Conception
II: Assisted Conception
2.1 Introduction
2.2 Artificial Insemination and Its Types
2.3 Ethico-Legal Considerations in General
2.4 Legal Regulation of Surrogacy in India III: Mental Health
III: Mental Health
3.1 Introduction
3.2 Manifestations of Mental Illness
3.3 Civil Responsibilities
3.4 Criminal Liability
3.5 Special Laws Relating To Mental Illness
91
3.6 Conclusion IV: Euthanasia Regime

IV: Euthanasia Regime
4.1 Introduction
4.2 An Understanding of Euthanasia
4.3 Ethical Dilemma Surrounding Euthanasia
4.4 Euthanasia in Netherlands - A Rule or An Exception
4.5 Indian Approach towards Euthanasia
4.6 Some Concluding Remarks V: Clinical Research & Drug Trials
V: Clinical Research & Drug Trials
5.1 Introduction
5.2 The Research Process in Clinical Drug Trials: Law & Ethics
5.3 Regulation of Clinical Drug Trials
5.4 Legal Regulation of Clinical Drug Trials in India
5.5 Some Specific Legal Aspects of Clinical Drug Trials
5.6 Some Specialised Forms of Research
VI: HIV/AIDS Some Challenges
6.1 Introduction
6.2 HIV/AIDS & Indian Legal Scenario
6.3 Human Rights Issues & HIV
6.4 Court Cases & Incidents of HIV/AIDS
6.5 Rule Of Confidentiality & HIV Vis-A-Vis Role of Medical
Practitioner
6.6 Conclusion
Suggested Books
1. Bajpai, Mahendra K, Law of criminal liability and medical negligence,
Snow White Publications Pvt Ltd., Mumbai, 2006.
2. Kaushal, Anoop K, Medical negligence and legal remedies with special
reference to consumer protection law, Universal Law Publishers Co.Pvt.
Ltd., Delhi, 2008.
92
3. Kumar, Vipul, Legal solutions for medical profession : For defence,

dignity, peace and protection, M S R F, Mumbai, 2008.
4. Modi, Jaisingh P, Textbook of medical jurisprudence and toxicology,
Lexis Nexis / Butterworths, Nagpur, 24th Rep. Ed., 2012.
5. Rao, Joga S V, Medical ethics : A ready reference, Legalaxy Publications
(P) Ltd., Bengaluru, 2004.
Suggested Articles
1. Benjamin, M S & Raju C B, “Medical Confidentiality : Decisions and
the law”, Indian Bar Review, 2007, Jan-Dec, Vol. 34, No. 01-04, Page. 273
– 292.
2. Gupta, Jai Prakash, “Ethics and law controlling medical
practitioners”, All India Reporter, 2002, November, No. 11, Page. 305 –
318.
3. Kulkarni, H G, “Medical profession and law”, Criminal Law Journal,
2004, July, No. 07, Page. 210 – 214.
4. Madhok, K L & Awasthi, H K, “Medical negligence - Burden of
proof on the complainant.”
5. Legal News and Views, 2001, January, Vol. 15, No. 01, Page. 23 – 24.
6. Rao, Mamata, “Criminal liability in cases of medical negligence”,
Criminal Law Journal, 2005, December, Vol. 04, No. 12, Page. 379 – 384.

We have suggested a few topics for dissertation. The students can either
improvise on the given topics or formulate a new topic of their own. In
such case the students are required to inform the department for validity
of the topic before undertaking any substantive research work. Students
will have to seek approval of a New Topic other than those mentioned in
the Handbook within three months prior to the date of the
Examination. If a student is selecting any one of the topics provided in
the hand book then the student need not write to the department.
93
TOPICS FOR MEDICAL LAW & ETHICS

1. Mentally challenged persons and their legal rights
2. Right to health as a fundamental right
3. Private medical practice and laws in India - an over view
4. Impact of TRIPS agreement on health rights in India.
5. Regulation of Ayurveda medical practics.
6. Conceptual understanding of Medical negligence - a comparative study
of Indian and US law.
7. Legal means and methods of protecting medical professionals from
frivolous complaints of patients [with Defence against medical
negligence under civil and criminal laws]
8. Consumer protection and its impact on medical service.
9. Medical profession and law - an overview
10. Access to health care : Problem and prospects
11. Legal aspects of pre-natal diagnostic technique
12. Informed consent in Medical Treatment : An Overview.
13. Rights of HIV / AIDS infected patients - a comparative study.
14. Controls on drug advertisement : A critical analysis.
15. Transplantation of Human Organs Act 1994 : A critical evaluation
16. Professional misconduct of doctors : Legal and ethical issues.
17. Legal issues and concerns arising from Clinical Trials in India.
18. Medical fraud and criminal liability.
19. Babies born with major disabilities : the medical - legal interface.
20. Regulatory powers of MCI - a critical study.
21. Medical malpractice Liability : The Indian Perspective.
22. Litigation in Medical Practice - Civil and Criminal Implications.
94
23. Medico - legal Issues in Hospital Administration.

24. Medico - legal issues in Dental Practice.
25. Regulation of Unani medical practice in India.
26. Regulation of Homeopathic medical practice in India.
27. Patient’s Consent for medical treatment - legal issues involved.
28. Medico - legal concerns in dementia.
29. Law relating to infants health.
30. Patenting of Medical procedure and products - An Analysis.
31. The Legal Risks of Cross - Border Health Care.
32. Private Health Insurance and Access to Health Care.
33. Assisted killing - A study of Law, policy & Ethics.
34. GATT vis - a vis right to health in India : An Analysis.
35. Surrogacy - medico - legal issues involved.
36. Privatization of Medical care - A critical study
37. The role of Government in the Health Sector : An overview
38. Hospital as an Industry : A critical Analysis.
39. Relevance of law of contracts for medical profession.
40. Relevance of environment laws for medical profession.
41. Regulation of Blood banks : law and practice.
42. Medical waste Disposal and the Law.
43. Postmortem : A study in Law and Practice.
44. Patient’s right vis-à-vis doctors’ duty - a study from legal perspective.
45. Medico - legal issues relating to Occupational Hazards.
46. Biomedical Waste Management Act and their applications and relevance
in healthcare.
95
47. Clinical Ethics and Law.

48. Moral and Legal issues surrounding Abortion.
49. An Analysis of the Public Health Care Law in India.
50. Right to Health as a Human Right.
96
7
SYLLABUS OF POST– GRADUATE DIPLOMA IN

ENVIRONMENTAL LAW (PGDEL)
Ÿ PGDEL has started in the academic year 2000-2001

Ÿ Objective of the course:
PGDEL is a one-year distance education programme open to all graduates.
The goal of this course is to acquaint the uninitiated with different aspects of
environmental law and governance. The Course is designed to serve the long
felt need of strengthening the legal capacity of Administrators, Activists,
Adjudicators, and Academics concerned with Environmental Governance in
India. This is part of the mission of making environment everyone’s business
and inculcates the values of environmental stewardship. The concept of deep
ecology which is widening its ambit found a clear prominence in this part of
the course. In order to familiarize the students with the environmental justice
machinery; the concepts of criminal law remedies, tortious liabilities and major
landmark environmental movements have also been included in this discourse.
From principles to the existing framework; this Course covers in its broader
avenue; the legislative and judicial aspects of Water, Air and Waste
Management in India. As a whole, this course aims to provide a theoretical as
well as a pragmatic insight to the Environmental Law. As could be discerned, it
is the demonstration of a panoramic sight of an intact environmental legal
order, both on paper as well as reality. It is an endeavour to acquaint and
familiarize the student with the ecological, socio-economic, scientific and
administrative sensitivity about Environment, within the purview of law and
administration of justice.
97
COURSE OUTLINE
Paper I - Introduction to Law & Legal Systems
Paper II - Philosophy, Principles, Environmental Justice and Pollution
Control
Paper III - International Environmental Law
Paper IV - Natural Resource Management Laws & Environment and
Development
Paper V - Dissertation

SYSTEM
Natural Law -Introduction to legal system.
98
7 : Syllabus of Post Graduate Diploma in Environmental Law (PGDEL)
2. LEGAL SYSTEM
Central Armed Police Forces -Central Investigation and Intelligence
Land, Evolution of the Constitution; The Nature of the Indian Constitution;
Salient Features of the Indian Constitution; Longest written constitution –
Independent Judiciary – Adult Sufferage ; Basic structure of the Constitution,
Citizenship; Fundamental Rights ; Right to Equity- Right to Freedom – Rights
99

6. LAW OF CONTRACT
7. CRIMINAL LAW
8. LAW OF PROPERTY
9. MISCELLANEOUS
What is International Law?; Nature of International Law; What are the sources
of International Law; Custom, Treaties, General Principles of Law
Suggested Books
100
New Delhi, 1998.
14th Ed., 2010.
Suggested Articles
513
Vol. 49, NO. 02, Page. 271 – 278.
– 380.
101
PAPER II - PHILOSOPHY, PRINCIPLES, ENVIRONMENTAL

JUSTICE AND POLLUTION CONTROL
1: Environmental Policies, Philosophies And Movements
1.1 Introduction
1.2 Eco-centric And Anthropocentric Approaches, Deep Ecology
1.3 Forest Policy
1.4 Water Policy
1.5 National Action Plan On Climate Change (napcc), 2008
1.6 Environmental Policy
1.7 Strategy For Pollution Control
1.8 Environment Movements In India
1.9 Environmental Movements In Other Countries
2: Right To Environment – A Basic Human Right: A Constitutional

Law Perspective
2.1 Comparative Constitutional Perspective
2.2 Indian Constitutional Perspective
2.3 Right To Clean And Healthy Environment: Article Perspective
2.4 Judicial Exposition On The Right To Environment
3: Environment Principles Of Governance

3.1 Introduction
3.2 Sustainable Development
3.3 Precautionary Principle
3.4 Polluter Pays Principle
3.5 Yamuna Conservation Zone
3.6 National Misssion For Clean Ganga
3.7 Principle Of Preventive Action
3.8 Good Neighbourliness And National And International Co-operation
3.9 Public Trust Doctrine (ptd)
3.10 Common But Differentiated Responsibility
3.11 Recent Conventions On Environment
3.12 Recent Cases Decided By National Green Tribunal
102
4: Traditional, Common And Criminal Law Remedies For

Environmental Protection
4.1 Introduction
4.2 What Is Common Law ?
4.3 Law Of Nuisance: Tort Law
4.4. Law Relating To Trespass
4.5. Negligence
4.6. Chapter Xiv Of Indian Penal Code
4.7. Sec.133: The Code Of Criminal Procedure
4.8. Remedies Under Common Law:
4.9. Strict Liability To Absolute Liability
4.10. Public Liability Insurance Act, 1991
4.11 Recent Cases On Environment Law (ngt)
5: Environmental Justice: Role & Policy

5.1. Concept Of Environmental Justice
5.2. Definition Of Environmental Justice
5.3. Principles Of Environmental Justice
5.4. Development Of Environmental Justice In India
5.5 Rule Of Locus Standi
5.6 Public Interest Litigation
5.7 Environmental Policy Framework In India
5.8 Pil As Means Of Securing Environmental Justice
5.9 Environmental Litigation And Conflicting Class Interests
5.10 Public Liability Insurance
5.11 Environment Tribunals
5.12. National Green Tribunal
5.13 Few Important Ngt Decisions
5.14 Conclusion
6: Water Pollution And Control Laws
6.1 Introduction
6.2 Types Of Water Pollution
103
6.3 Water (prevention And Control of Pollution) Act, 1974

6.4 Few Important Terms Defined Under The Act
6.5 Functions Of The Authorities Under The Act
6.6 Prohibitory Rules Under The Act
6.7 National Water Policy
6.8 Need For Ground Water Management
6.9 Right Of Ground Water
6.10 Factors Responsible For Depletion of Ground Water
6.11 Liability For Usage Of Ground Water
6.12 Impact Of Aquaculture On Ground Water
6.13 Policies For Management Of Ground Water
6.14 Rain Water Harvesting
7: Air (prevention And Control Of Pollution) Act, 1981

7.1 Air Pollution
7.2 Few Of The Definitions Under The Act
7.3 Authorities Under The Act And Their Powers And Functions:
7.4 M C Mehta Case And Cng Case
7.5 Noise Pollution (regulation And Control) Rules, 2000
7.6 Policy Statement For Abatement Of Pollution, 1992
7.7 Environment (protection) Act, 1986 And Air Pollution
8: Law Relating To Waste Management

8.1 Introduction
8.2 Definition Of Hazardous Waste
8.3 The Hazardous Wastes (management, Handling And Transboundary
Movement) rules, 2008.
8.4 Stockholm Convention On Persistent Organic Pollutants
8.5 Bio-medical Wastes (management And Handling) Rules, 2011
8.6 Solid Waste Management Rules, 2016
8.7 Manufacture, Storage And Import Of Hazardous Chemical Rules, 1989
(msihc Rules)
8.8 Batteries (management And Handling) Rules, 2001
104
8.9 The Chemical Accidents (emergency Planning, Preparedness And

Response Rules, 1996 (ca Rules)
8.10 E-waste (management And Handling) Rules, 2010
8.11 Plastic Waste Management Rules, 2016
PAPER III - INTERNATIONAL ENVIRONMENTAL LAW

1. Customary International Law And Environmental Summits
1.1 Evolution Of International Environmental Law
1.2 Sources And Basis Of International Environment Law
1.3 Global Environmental Organizations
1.4 Environmental Summits- Stockholm To Rio +20
2. Common Heritage: Oceans And Seas
2.1 Introduction
2.2 United Nations Convention On The Law Of The Sea (unclos) 1982
2.3 Marine Pollution From Ships (marpol) Convention
2.4 The London Convention, 1972
2.5 Other Recent Developments:
2.6 Some Regional Arrangements
3. Biodiversity And Species Conservation

3.1 Introduction
3.2 Convention On Biological Diversity, 1992 (cbd)
3.3 Two Protocols To The Convention
3.4 Convention On International Trade In Endangered Species Of
Wild Fauna And Flora (cites)
3.5 Convention On Wetlands Of International
Importance, Especially As Waterfowl Habitat
4. Eco System And Conservation
4.1 Introduction
4.2 Ramsar Convention On Wet Lands
4.3 World Heritage Convention, 1972
4.4 The Desertification Convention 1994
105
5. Common Concerns: Ozone And Climate Change

5.1 Introduction
5.2 Protection Of Ozone Layer
5.3 Climate Change
5.4 The Kyoto Protocol, 1997
6. Trade And Waste Management Regime
6.1 Introduction
6.2 Gatt And The Environment
6.3. The Agreement On Technical Barriers To Trade
6.4. The Agreement On Sanitary And Phytosanitary Standards (sps)
6.5 Wto And The Environment
6.6 Dispute Resolution Mechanism Andenvironmental Concerns
6.7 Trade Related Aspects Of Intellectualproperty Rights (trips)
And The Environment
6.8 Waste-management
6.9 The Rotterdam Convention
6.10 Stockholm Convention On Persistent Organic Pollutants
6.11. Minamata Convention On Mercury 2013
6.12 Developments In Waste Management Handling In
The United Nations Conferences/agendas And Unep Sessions
7. International Principles For Conservation And Protection Of Environment

7.1 Good Neighbourhood Principle
7.2 Sustainable Development
7.3 Sovereignty Over Natural Resources
7.4 Precautionary Principle
7.5 Polluter Pays Principle
7.6 Inter And Intra Generational Equity
7.7 The Principle Of Common But Differentiated Responsibilities
8. International Legal Developments Onsharing Natural Resources,
Environmental Ability Regime And Environmental Conflict Resolution
8.1. Water Management
8.2. Water Sharing Treaty, Agreements And Icj Decisions
106
8.3. Riparian Rights And Protection Of Water Resources

8.4 European Water Framework Law And Integrated Water
Resource Management (iwrm)
8.5 The Hague 2000: Second World Water Forum & Ministerial Conference
8.6 Bonn 2001: International Conference On Freshwater
8.7 Johannesburg 2002: The World Summit Onsustainable Development (wssd)
8.8. European Union Water Framework Directive: An Overview
8.9 Permanent Court Of Arbitration : An Overview
8.10 Copenhagen Initiative 2007: International
Conference On Managing Water Resources Towards 2015
PAPER IV : NATURAL RESOURCE MANAGEMENT LAWS &

ENVIRONMENT AND DEVELOPMENT
1. Common Property Resources And The Law (including Water Sheds)

1.1 Introduction
1.2 Common Concerns
1.3 Common Property Resources (cprs): Meaning And Definition
1.4 Wet-lands
1.5. Case Laws
2. Environmental Safeguards Relating To Development

2.1. Introduction
2.2. Environment Impact Assessment
2.3 Coastal Regulation Zone
2.4. Clean Development Mechanism
2.5. Regulations And Control Of Ozone Depleting Substances
2.6. Corporate Environmental Responsibility And Iso
2.7. Eco-mark Schemes Of India
2.8. Equatorial Principles
107
3. Forest Management & Conservation: Law & Policy

3.1 Forest Policies In India
3.2. Forest Conservation & Protection: A Legislative Approach
3.3. Protection Of Forests: The Judiciary's Approach
4. Law Relating To Wildlife: Strategy & Protection

4.1. Introduction
4.2. Legislative Mechanisms For Wildlife Protection
4.3. Tiger Project
4.4. Project Elephant
5. Law Relating To Biodiversity And Its Interface With Intellectual

Property Rights
5.1. Biodiversity
5.2. Bio -safety
5.3. Convention On Biological Diversity
5.4. Biodiversity: An Indian Legislative Perspective
5.5. Interface With Intellectual Property Law
5.6. Patents Amendment Laws
6. Land Conservation And Management

6.1. Land Degradation
6.2. Degradation Of Land Through Waste-dumping
6.3. Land Use Planning [green Belt Area, Parks And Playgrounds-urban
And Rural Land Use]
6.4. Social Forestry And Land Regeneration
6.5. Rainwater Harvesting
7. Law Relating To Forest Management In India

7.1. Scheduled Tribes And Other Traditional Forest Dwellers
(recognition Of Forest Rights) Act, 2006
7.2. Community Rights
108
7.3. Sustainable Resource Issues With Respect To The Act

7.4. Balancing Competing Interest Of Forest Dwellers And Forest Conservation
7.5. Concept Of Sustainable Forest Management
8. Environmental Decision Making Process In India

8.1. Environmental Clearance
8.2. Environmental Impact Assessment
8.3. Environment Impact Statement
8.4. Public Hearing
8.5. Right To Environmental Information

topic before undertaking any substantive research work. Students will have to
seek approval of a New Topic other than those mentioned in the Handbook
within three months prior to the date of the Examination. If a student is
selecting any one of the topics provided in the hand book then the student
need not write to the department.
SUGGESTIVE TOPICS FOR DISSERTATION
1. A critical analysis of Air and vehicular pollution laws- International and
Regional frameworks on emission
2. A critical evaluation of BRAI bill and comparative assessment of the
same with PPFVR
3. A critical review of Forest Act, 1927
4. A legal analysis of Genetically Modified Organisms and its ecocentric
dimension-International and Regional Frame
5. Ambient Air Quality Standards- Rationale and Effectiveness
6. Animal Welfare Laws in India
7. Bhopal Gas Tragedy and its aftermath
109
8. Biodiversity Boards- An Evaluation

9. Clean Development Mechanism and Climate change policy in India
10. Conserving and protecting Wetlands- Lessons from Ramsar
11. Conserving Wildlife-Evaluation of Indian Law
12. Disaster Management Law and the Environment
13. Ecosystem services and Law
14. Environmental audit and Indian Environmental governance
15. Environmental Concerns in the Lokayukta’s Report on Mining in
Karnataka
16. Environmental Movements and the Judiciary
17. EPA-An overreaching Law?
18. Forest Rights Act, 2006- A Critique
19. Implication of nanotechnology upon environment- the global, regional
and national initiatives and legal safeguards
20. India and GMOs- The legal element
21. Indian Law on Ecologically Sensitive Zones
22. Indian Law on Management of Contaminated Sites- An Appraisal
23. Indian laws to combat environmental crimes
24. Indian legal framework on waste management
25. Inter- state Water Disputes
26. Joint Forest Management- An Appraisal
27. Judicial Take on Mining Activity and Environmental Protection
28. Lake Conservation: Policy, Law, Plan and Practice
29. Law and regulations with respect Invasive species
30. Law concerning the protection of Coastal resources in India
31. Law of Wet Lands Conservation
32. Laws concerning Protection of ozone Layer and Climate Change:
Comparison of Commitments and Compliance
33. Legal Safeguards for Biosafety
110
34. Mining Industry and its impact on Environment.

35. Ministry of Environment and Forest and Govt of India- critical legal
analysis of current developments and endeavours to refurbish the
environmental laws
36. Motor Vehicular Pollution and the Law in India
37. Municipal Solid Waste Management Law- A Critique
38. Nano Technology and Drug Laws
39. Nano Technology and Pollution control Laws
40. National dimension of CER- Regulation and guidelines for corporate
and Industrial entities
41. National framework on Biodiversity- ABS mechanism and drawbacks
42. National Green Tribunal and Environmental justice delivery-dispensing
environmental justice through administrative process
43. Public Interest Environment Lawyering - Problems, Pitfalls and
Possibilities
44. Regulatory Framework of Water Governance- A Critique
45. Review of India’s Energy Policy and Law in the Context of International
Climate Change Arrangement.
46. Right to Environment: Judicial Decisions
47. Role and Functioning’s of Pollution Control Boards in India- A Critical
Study
48. Role of Voluntary Groups in Environmental Protection
49. The Indian dimension of EIA law
50. The Indian dimension of Trade and Environment
51. The Indian legal framework on Agriculture and Irrigation Laws
52. The legal dimension of Environmental Modification Techniques
53. The legal dimension of Green budgeting
54. The role of Local self-governments in protection of Environment in
India
55. Village Forests and their Management
56. Water Calamities and their Control: Floods Management in India
57. Water Law and Governance for 21st century in India
58. Wild Life Laws: Penal Provisions & their Enforcement
111
112
8
SYLLABUS OF POST GRADUATE DIPLOMA IN

INTELLECTUAL PROPERTY RIGHTS LAW
(PGDIPRL)
PGDIPRL started in the year 2003-04

“In an era of knowledge society where creativity and innovation rule globally,
Intellectual property rights acquires utmost significance. The creative
contribution in the artistic, literary, musical, cinema as well as creative content
transmitted over internet has sought for greater protection of the rights of the
creators and an equitable balance of those rights with that of the users. The
innovations making the life of people simple, faster and comfortable have
sought protection through intellectual property rights. The Centre for IPR
Research and Advocacy initiated the process of capacity building in IPR
among the stakeholders so as to facilitate effective realization of IPR in the
country as well as globally”.
“The Course is designed to expose students to various aspects of Copyright
law, Trademark law, Designs law, geographical indications and the most
important hard-core IP, the PATENT law. “
“It is heartening to note that quite a few of the present leaders in various
organizations advising on IPR have successfully gone through this course”
COURSE OUTLINE:
Paper II - Law of Patents
113
Paper III - Law of Copyright and Designs

Paper IV - Law of Trademark and Geographical Indications
Paper V - Dissertation
PAPER I : INTRODUCTION TO LAW & LEGAL

SYSTEMS
Natural Law -Introduction to legal system.
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system -Law making
organ -Institutions entrusted with execution of law; Institutions connected
114
8 : Syllabus of Post Graduate Diploma in Intellectual Property Rights Law (PGDIPRL)

Land, Evolution of the Constitution; The Nature of the Indian Constitution ;
Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights
Warranto – Certiorari – Prohibition – Habeas Corpus; Directive Principles of
Defences to Tortious Claims.
115
6. LAW OF CONTRACT
7. CRIMINAL LAW
8. LAW OF PROPERTY
Patents, Copyrights, Industrial Designs, Trademark.
9. MISCELLANEOUS
Suggested Books
nd
philosophy, Wadsworth Publishing Company, Australia, 2 Ed., 2001.
th
4. Kenny, Phillip H, Studying law, Butterworths, London, 4 Ed., 1998.
116
New Delhi, 1998.
14th Ed., 2010.
Suggested Articles
513
Vol. 49, NO. 02, Page. 271 – 278.
probation of offenders in India”, Criminal Law Journal, 2013, November,
Vol. 04, No. 11, Page. 166 – 174.
the Indian Law Institute, 1982, Jan – Dec., Vol. 24, No. 01 – 04, Page.
362 – 380.
117
PAPER II: LAW OF PATENTS

1. Fundamentals of Patent Law - Evolution of the patent system
Patentability Requirements; Patentable Subject Matter; Industrial
Applicability/Utility; Novelty; Anticipation by publication; Anticipation
by public knowledge and public use; Anticipation by public display;
Anticipation by sale; Inventive Step/Non-Obviousness; Novelty
Assessment; Inventive Step Assessment; Specification
2. Drafting of A Patent Specification - Introduction Patent Specification;
Provisional Specification Complete; Specification Parts of the complete
specification;
3. Patent Procedure in India - PATENT PROCEDURE; Registration
and Renewal fee payment;
4. Patent Infringement - Infringement of a patent; Literal Infringement;
Equivalence Infringement; Indirect Infringement; Defenses -
ExperimentO - Research or Education - Bolar Exemption- Government
use- Patent Exhaustion- Patent Misuse- Inequitable Conduct - Remedies-
Injunction- Account of profits- Costs;
5. International Patent Regimes - International Instruments; Paris
Convention; TRIPS AGREEMENT; PCT; BUDAPEST TREATY
6. Patent Cooperation Treaty - Establishment of PCT Union; PCT
Terminology; Contents of PCT Application; PCT-EASY; What is PCT-
SAFE; PCT Process; International Phase; National Phase;
7. Overview of the European Patent Convention - Patentability
Requirements; Patentable Subject Matter; Industrial Applicability;
Novelty; Inventive Step; Specification; PATENT PROCEDURE; PCT
applications;
8. Patenting Biotechnology Inventions - Unique nature of
Biotechnology; Patentability Requirements and Biotechnology
Inventions; Patentable Subject Matter- USA- Europe- India;
Utility/Industrial Applicability-USA- Europe- India; Novelty- USA-
Europe- India; Non obviousness/ Inventive Step-USA-Europe-India;
Enablement and Written Description-USA-Europe-India; Morality-
USA-Europe- India
9. Patentability of Software Inventions - Patentability of Software
Inventions in USA; Patentability of software inventions in Europe;
Patentability of Software Inventions in India
118
Suggested References materials

1. Dr Kalyan C. Kabjabaka, Arun Narasani and Vinita Radhakrishna,
Indiabn patent Law and Practice, OUP Publication, ISBN: 0-19-806774-
7 978-0-19-8067740
2. Dr. Kalyan C. Kankanala, Genetic Patent Law and Strategy; Manupatra,
First Edition, 2007 ISBN: 978-81-89542-26-9
3. P. Narayanan, Patent Law, Eastern Law House, 4th Edition, 2006 ISBN
51-7177-1785
Article
1. Dr. Kallllyan C. Kalanala, Testing Parameters for Software
Patentability, P. 300-307, Journal of Interllectual Property Rights, Vol 10,
July 2005
PAPER III: LAW OF COPYRIGHT AND DESIGNS

1. Understanding Copyright Law - Historical Overview - Justification
For Copyright Law - The Natural Law Justification - The Economic
Rationale of Copyright Clause
2. International Conventions - Berne Convention for the Protection of
Literary and Artistic Works, 1886 - Universal Copyright Convention, 1952
- Rome Convention, 1961 - WIPO Copyright Treaty 1996 - The WIPO
Performances and Phonograms Treaty (WPPT) (1996) TRIPS
3. Basic Concepts Underlying copyright Law - Idea - Expression
Dichotomy Originality / Creativity - Fixation
4. Term of Protection
5. Subject - Matter of Copyright - Literary Works - Dramatic Works -
Musical Work - Artistic Works - Cinematograph Films and Sound
recordings
6. Acquisition of Copyright in India
7. Rights of the Copyright Owner - Economic Rights - Moral Right or
Droit Moral Right of Authorship or Paternity Rights - Rights aganist
Distortion or Mutilation of the Orginal Works or Intergrity Rights -
Limitations - Limitations set under International Regime - Berne
Convention - Rome Convention - Trips Agreement - Three Step Test
119
8. Authorship and ownership - Author of Copyright - First Owner of

copyright - contract of Service and Contract for Service - Commissioned
Work - member of HUF or Partner in a Firm.
9. Performers and Broadcasting Organisation Rights
10. Infringement of Copyright - Essentials of Infringement - Facts to be
Established by Plaintiff in case of infringement - Tests for infringement -
Tests for Infringement - Abstraction Test - Pattern Test - Total Concept
and Feel Test - Ordinary Observer test
11. Transfer of copyright - Licence and Assignment - Licence and consent -
Duration of a Licence Form and Content - Disputes in Respect of
Licence -Types of Licenses - Exclusive and Non-Exclusive Licences
12. Non - Voluntaries or Compulsory Licence - International
Conventions -Compulsory Licence under copy Right Act
13. Copyright Protection for Computer Programme - International
Instruments - Berne Copyright convention for the protection of Literary
and Artistic Works (BCC) and the Universal Copyright Convention
(UCC) - Trips - WIPO Copyright treaty 1996 - copyright protection -
originality literal and Non - literal Elements - infringement of Copy of
Copyright in Computer program
14. Defences in copyright infringement - Fair use : introduction -
Rationale for Fair use international Regime on fair use - fair dealing:
Indian Copyright Act - Factors to determine fair use in US
15. Remedies Against Violation of copyright - Civil Remedies - Criminal
Remedies
Law of Industrial Designs
1. Basic Principles of Design Rights - Justification for Protecting
Designs - Historical Perspective - Features of Shape, configuration,
Pattern or Ornament - or Composition of lines or colour - New or
Original - Applied to an Article
2. Excluded Subject - Matter - Method or Principle of Construction -
Features Dictated Solely by Function - Mechanical Device - Trademark,
or Property Mark, or Artistic Work - immoral Designs and Designes
Contrary to Public order - Law of Industrial Designs in united kingdom
Registered Designs - Design Right - term of Design Protection -
120
copyright in Design Law Relating to Industrial Design in U.S.A. - Design

Patents - trademarks for Designs - Trade Dress or Product
Configurations -Registration of Designs in India
3. Rights of the Owner of Designs and Tests for Infringement
4. Assignment of Design Rights
5. Infringement of Designs
6. Defences in Design infringement
7. Remedies against infringement of Designs
Suggested Reading
1. Cornish, W R, Intellectual Property: copyright, Trademarks and Allied
Rights, 6th Ed. London, Sweet and Maxwell, 2007
2. Stobbs, Gregory A, Software Patents worldwide, New York, Wolters
Kluwer, 2008.
3. Coppinger, Copyright exceptions: the Digital Impact, Cambridge:
Cambridge University Press.
PAPER IV: LAW OF TRADEMARK AND

GEOGRAPHICAL INDICATIONS
1. PRINCIPLES OF TRADEMARK - Justification - Economic
Justification-Quality Justification - Advertising Justification - What is a
Trademark- Definition - Spectrum of Distinctiveness - Grounds of
Refusal of Registration
2. PROCEDURE FOR OBTAINING REGISTRATION OF
TRADEMARK - General principles in application- Procedure on
receipt of application- Acceptance & Advertisement- Opposition-
Procedural formalities- Registration of Certification Marks- Registration
of Collective Marks
3. RIGHTS OF THE OWNER OF TRADEMARKS - Rights of a
Trademark Owner- Transfer of Trademarks- Assignment and License of
Trademarks- Assignment of Trademarks- Licensing of Trademark
4. INFRINGMENT OF TRADEMARK AND ACTION FOR
PASSING OFF - Infringement of Trademark- Essentials- Dilution of
121
Trademark -Blurring and Tarnishment- PROTECTION OF

GOODWILL AND CROSS-BORDER- REPUTATION-
Comparative-Advertising Law- Passing Off- General Principles-
Essential elements of passing off- Difference between Infringement And
Passing Off- Passing off and protection of well-known trademarks-
Reverse passing off- Defences in Trademark Infringement- Remedies
5. DOMAIN NAME PROTECTION - Legal Definition of Domain
Name- Domain Name and Intellectual Property- The Organizations for
Domain Name Registrations- Registration of Domain Names- Disputes
under IPR - Infringement Concurrent Claims - Cybersquatting- Domain
Name Disputes- Domain Name Dispute Policies - Jurisdictional Issue-
The International Perspective- The Indian Interpretation
6. PROTECTION OF GEOGRAPHICAL INDICATION -
Justification for protection- International Position- Lisbon Agreement-
TRIPs Agreement- Bilateral agreements - Regional Developments EU-
Geographical indication protection in India- Criteria- Procedure for
Registration in India- Duration- Rights- Overlap between trademark and
GI- Remedies- Case study: Darjeeling tea case- Case Study: Pochampally
Ikat case-
Suggested Books
1. Kankanala, Kalyan C, Genetic patent : Law and strategy, Manupatra,
Bengaluru, 2007.
2. Kankanala, Kalyan C, Narasani, Arun K & Radhakrishnan,
Vinita, Indian patent law and practice, Oxford University Press, 2010.
3. Kumar, Arvind & Das, Govind, Biodiversity, biotechnology and
traditional knowledge : Understanding intellecutal property rights,
Narosa Publishing House, New Delhi, 2010.
4. Prasad, Akhil & Agarwala, Aditi, Copyright law desk book :
Knowledge access and development, Universal Law Publishing Co.Pvt.
Ltd., Delhi, 2009.
5. Wadehra, B L, Law relating to intellectual property: Patents,
trademarks, copyright,design, geographical indicators, semiconductor
integrated circuits layout-design, protection of plant varieties and
farmer’s rights, Universal Law Publishing Co.Pvt.Ltd., Delhi, 4th, 2007.
122
Suggested Articles
1. Sadhale, Vivek & Agarwal, Vikas, “Patent registration in India”,
SEBI and Corporate Laws, 2006, 16th Oct., Vol. 71, No. 03, Page. 55 – 58.
2. Sharma, Ayush, “Combating trademark counterfeiting : Is India well
equipped?”, Company Law Journal, 2011, April, Vol. 02, No. 04, Page. 34
– 44.
3. Singh, Amit, “Critical issues relating to intellectual property rights
(IPRs) in biotechnology : Developing countries perspective and India”,
Indian Journal of International Law, 2009, July-Sept, Vol. 49, No. 03,
Page. 456 – 474.
4. Srivastava, Suresh C, “Geographical indications and legal framework
in India” Economic and Political Weekly, 2003, 20th Sept. Vol. 38, No. 38,
Page. 4022 – 4033.
5. Thomas, Pradip N, “Copyright and emerging knowledge economy in
India”, Economic and Political Weekly, 2001, 16th June, Vol. 36, No. 24,
Page. 2147 – 2156.

1. Protection of the Breeders and farmers rights: UPOV and PPVFRA.
2. Myriad Genetics Judgement: Gene patenting and Patentability criteria.
3. Utility model: a tool for economic and technological development.
4. Copyright issues in online courses: ownership, authorship and conflict.
123
5. Nano technology and patent process: response by patent offices.

6. The exemptions in patent law: Analysis of compliance with Article 30 of
TRIPs Agreement.
7. The interplay between copyright and Trademark law in original fashion
Designs.
8. Genetic Engineering, Food Security and Intellectual Property Rights.
9. Spring board doctrine: A critical study of trade secret protection.
10. Intangible asset and Intellectual Property valuation: a multidisciplinary
perspective.
11. Performers Rights and audiovisual performances: New Challenges.
12. Right of Reproduction, Right of Communication to the public and Right
of distribution under Copyright law: Emerging Trends in India.
13. Infringement of Trademark through advertisement: drawing a line
between permissible comparative advertisement and infringement.
14. The role of Copyright Societies in protection of Copyright in India:
Trend after copyright amendment of 2012.
15. Importance of Assignment and licensing of Trademark in India.
16. An acceptable IP ecosystem for India: meeting the criticism of USTR.
17. Rights of authors of underlying works in a cinematograph work: Is law in
India effective?
18. Intellectual property rights and Traditional cultural expression: a synopsis
of current issues.
19. Exhaustion of rights and parallel imports of patented products: a study
of European and Indian position.
20. Copyright in Derivative works: basis and protection.
21. Doctrine of Exhaustion of rights / ‘first sale’ under Copyright Law- a
comparative study.
22. Compulsory licenses under TRIPS and its obligations for member
countries.
23. Patenting Life forms: A comparative study of US, European and India.
124
24. Copyright protection of computer programs: tests for determining

infringement.
25. Shift to product patent from process patent: Implications on access to
medicine.
26. Conflict and co-existence of intellectual property rights and human
rights.
27. The Implications of the Biological Diversity Act, 2002 on the Indian
Patent System.
28. Use of regulatory approval defense in patent infringement cases.
29. Secondary Liability and the Fragmentation of Digital Copyright Law.
30. Tests for determining Infringement of patents: comparison of US, UK &
India.
31. Regulation of quality of the goods securing Geographical Indications
protection: a study.
32. TRIPS, WTO and IPR : Protection of genetic materials and Traditional
Knowledge.
33. Protection of Trade Secret and Innovation in India.
34. Fair use defence under Copyright Law: should India move towards a
bright line rule?
35. Compulsory licensing under patent Law: whether defeats the purpose of
patents?
36. Patenting in relation to technology regulating Internet and e-commerce :
An International view.
37. Copyright protection in cyberspace: Issues in enforcement of the rights.
38. Intellectual Property Issues in Mergers and Acquisitions : An Analysis.
39. Patenting of micro-organisms : A comparative study.
40. Celebrity Rights : Protection under IP Laws.
41. Resolving domain names disputes under trademark law: challenges.
42. Challenges in Implementation of Geographical Indications Act in
respect of Textiles.
125
43. Implications of new patent regime on Indian pharmaceutical industry:

Challenges and opportunities.
44. Bioinformatics Databases : Intellectual Property Protection Strategy.
45. Data protection law in India : The TRIPS perspective.
46. Broadcasters right under copyright law: International developments.
47. The Competition-IP Dichotomy: Emerging Challenges in Technology
Transfer Licenses.
48. Legal protection of databases : An Indian perspective.
49. Patentability of plants & animals in US, EU & India.
50. IP Audit: Way to a Healthy Organization.
51. Product patent regime and public access to essential medicines : A
concern for Indian pharma industry.
52. Copyright Law and Technology: Challenging the Concept of Balance.
53. Copyright protection and the public domain: An Interphase.
54. Reconceptualizing Intellectual property Interests in a Human Rights
Framework.
55. Inequitable conduct and patent validity: Judicial response in US.
56. Advantages of Madrid system for Trademark applicant: a critique of
Indian Trademark law.
57. Access to knowledge and copyright: efforts to resolve in case of persons
with disability.
58. The EU orphan works directive and extended collective licensing.
59. Intellectual property and green energy: the emerging debate on
innovation and access.
60. Patenting of business methods: study of US, EPO and Indian position.
61. Licensing of copyright and abuse of dominant position: comparative
study.
62. Copyright in literary characters: how far right extends to sequel?
126
9

CHILD RIGHTS LAW (PGDCRL)
PGDCRL started in the academic year 2008-09

The Post Graduate Diploma in Child Rights Law (PGDCRL) draws from the
rich insights gained by CCL from insights generated through its multi-
disciplinary integrated approach reflected in its engagement in direct field
action, lobbying, advocacy, policy research and teaching in the area of child
rights law over the years. This course, which is the only one of its kind in India,
was developed and offered initially through the funding provided by HIVOS
till October 2009, after which it is administered through income from the fees,
as well “as from institutional funding support for CCL from the Sir Dorabji
Tata Trust (SDTT), Mumbai.
Overall Goals of Post Graduate Diploma in Child Rights Law
1. To strengthen the capacities of interested graduates and professionals in
the area of child rights law.
2. To generate and utilize specific teaching learning materials on child rights
law.
3. To develop and contribute to a praxis of multi-disciplinary research,
practice and teaching on child rights law.
4. To create a community of learners on the issue of child rights law.
Specific objectives:
1. To build and share knowledge and a critical understanding of child rights
discourse and its implications in the Indian context.
127
2. To provide an understanding of the policy and legal framework on

children and its application in direct work with children.
3. To develop understanding of current practices and strategies of working
with children within the rights based perspective.
COURSE OUTLINE
Paper I : Introduction To Law And Legal System
Paper II : Child Rights, Policy And Law: International And National
framework
Paper III : Key Legislation Relating To Children In India
Paper IV : Working With Children From A Rights Based Perspective
Paper V : Dessertation
PAPER I : INTRODUCTION TO LAW AND LEGAL

SYSTEM
128
9 : Syllabus of Post Graduate Diploma in Child Rights Law (PGDCRL)

2. LEGAL SYSTEM
129

6. LAW OF CONTRACT
7. CRIMINAL LAW
8. LAW OF PROPERTY
9. MISCELLANEOUS
130

Suggested Books
New Delhi, 1998.
th
9. Williams, Glanville, Learning the law, Sweet & Maxwell, London, 14
Ed., 2010.
Suggested Articles
513
Vol. 49, NO. 02, Page. 271 – 278.
131

– 380.
PAPER II : CHILD RIGHTS, POLICY AND LAW:
INTERNATIONAL AND NATIONAL FRAMEWORK
This paper deals with the concept of child rights. It examines the policy and
legal framework that have led to the discourse on child rights and helps
students to understand the significance and application of these at the
international and national level.
Objectives of the paper:
• To understand the status of children in India
• To critically understand and analyse the notion of child rights
• To analyse the international and national legal and normative framework
with respect to child rights
Expected outcomes:
• After the completion of this paper, the students would have:
• Developed insights into the status of children in terms of social and
demographic and development indicators;
• Developed an understanding of the meaning of child rights, and key
philosophical underpinnings in the discourse on child rights;
• Gathered critical and analytical perspectives to understand child rights in
the context of who is a child, the roles of state, parents/family and the
child herself in promotion and protection of child rights;
• Understood the international legal framework on child rights and the key
issues in its application at the national level;
132
• Understood the national legal and policy framework on children and its
implications for practice;
• Developed a critical understanding of the key statutory and judicial
institutions available in the country;
The paper is divided into four blocks and each block is further divided into
units.
1. Situational Analysis of Children in India
2. Understanding Child Rights
3. International Law
4. National Laws and Policies on Children
5. Statutory and Judicial Institutions
PAPER III : KEY LEGISLATION RELATING

TO CHILDREN IN INDIA
This paper primarily deals with the legal framework as regards children in
India. It looks into the policies and laws on various issues pertaining to children
such as child labour, education and child protection in addition to the special
categories of children like disabled children and children of marginalized
communities. The paper also makes an attempt to examine the legislation in
terms of the challenges confronting their application and implementation.
Objectives of the Paper:
• To facilitate an understanding of various issues and legislation related to
children in India
• To critically analyse the various provisions in the legislation and identify
challenges for its implementation
• To develop a perspective on the legal and policy framework related to
children in India with regards to some key sectors
133
Expected Outcomes:
• After the completion of this paper, the students would have:
• Got oriented to the problems and issues faced by children
• Oriented to the policy and legal framework related to child in India with
respect to certain key sectors
• Developed an understanding of the various provisions related to children
• Critically analysed various provisions in the laws related to children in
India
• Identified the challenges in the application of laws related to children
The paper is divided into 6 blocks and each block is further divided into Units.
1. Legislation on Child Labour
2. Legislation of Education
3. Legislation for Children in Need of Care and Protection
4. Legislation for Children in Conflict with Law
5. Family Law and Family Courts
6. Other Legislation Related to Children
PAPER IV : WORKING WITH CHILDREN FROM A

RIGHTS BASED PERSPECTIVE
This paper deals with the application of rights based perspectives in working
directly with children. It helps the students to understand the various multi-
disciplinary approaches of working with children and to explore the potential
and significance of working in multi-disciplinary teams. It also identifies
various legal strategies of working on children’s issues and helps the students
to understand and develop paralegal methods and skills on the same. This
paper also deals with other skills required to work with children at a micro and
macro-level.
To orient the students to the various multidisciplinary approaches of working
with children
134
Objectives of the Paper:

• To orient the students to the various multidisciplinary approaches of
working with children.
• To understand specifically the legal methods and mechanisms of
addressing children’s problems.
Expected outcomes:
After the completion of this paper, the students would have:
• Developed an understanding of the role and significance of various
disciplines in understanding and working with children and their
problems at micro and meso level
• Gathered an understanding of applying and using ‘rights based
programming’ in work at the organizational level as well as at the macro
level
• Developed an understanding of the skills and methods of working with
various legal institutions and various arms of the government on
children’s issues
• Gathered basic para-legal skills required to work with children and use law
in furthering child rights;
• Gathered basic skills of functioning specifically within the juvenile justice
system.
The paper is divided into five blocks and each block is further divided into
units.
1. Multidisciplinary Approach
2. Rights Based Programming
3. Working with various Legal Institutions
4. Orientation to Skills and Strategies of Work with the Legal System
5. working towards Justice for Children in the Juvenlle Justice System
Suggested Books
1. Bajpai, Asha, Adoption law and justice to the child, NLSIU, Bengaluru,
1996.
135
2. Bajpai, Asha, Child rights in India : Law, policy and practice, Oxford
University Press, New Delhi, 2003.
3. Hansaria, Vijay, Juvenile Justice System along with Juvenile Justice
(Care and protection of children)act,2000 and Rules, 2007, Universal Law
Pub.co., New Delhi, 2010.
4. Nayar, Usha Child and adolescent mental health, Sage Publications,
London, 2012.
5. Thukral, Enaksi Gsnguly, Children in globalising India : Challenging
our conscience, HAQ Centre for Child Rights, New Delhi, 2002.
Suggested Articles
1. Bose, Nisha, “Protection of the rights of child”, Cochin University Law
Review, 2000, Jan-June, Vol. 14, No. 01&02, Page. 199 – 204.
2. Dreze, Jane, “Mid Day meals and children’s rights”, Economic and
Political Weekly, 2004, 8th May, Vol. 39, No. 19, Page. 1937.
3. Mathew, P D, Constitutional rights of children”, Legal News and
Views, 2001, April, Vol. 15, No. 04, Page. 29.
4. Mathew, Dharni & Prasanna, Tanusri, “Substance abuse among
children and juvenile justice”, Legal News and Views, 2001, June, Legal
News and Viewsol. 15, No. 06, Page. 6 – 8.
5. Singh, Sumanjeet & Nagpal, Chirag, “The Right of Children to Free
and Compulsory Education Act 2009 : Promises and Perils”, World
Affairs, 2010, Oct-Dec, Vol. 14, No. 04, Page. 118 – 135.
PAPER V : DISSERTATION OR PROJECT WORK

We have suggested a few topics for dissertation. The students could either
topic before undertaking any substantive research work. Students will have
to seek approval of a New Topic other than those mentioned in the
Handbook within three months prior to the date of the Examination.
136
If a student is selecting any one of the topics provided in the hand book
then the student need not write to the department.
1. Rights of Children and the 12th Five Year Plan
2. Globalisation and Child Labour
3. The Child and Adolescent Labour( Prohibition and Regulation )
Amended Act 2016: A critical analysis
4. Rights of the Differently Abled Children: Law and Practice
5. Rights of Adolescents
6. Child Marriage in India: Practice and Law
7. Child Labour in India and the Role of Judiciary
8. Domestic Child Work and Legal Framework
9. Street Children in India: Situational Analysis and Response of Law
10. Child Abuse in India-Situational Analysis and Response of Law
11. Female Infanticide and Foeticide
12. Doctrine of Parens Patriae in India: a critical analysis
13. Philosophical Questions on Children's Rights and Relevance of Child
Rights in Indian Context
14. Critique of the UN Convention on Rights of the Child and
Optional Protocols
15. A Case for Individual Complaints Mechanism under UNCRC
16. The Principle of Best Interests of the Child: A Critical Analysis
17. Comparative Analysis of the National Policy on Children and National
Charter for Children from the Perspective of Child Rights
18. An Analysis of the Early Childhood Care and Education (ECCE) Policy
19. Role of the National Commission for Protection of Child Rights:
Potential and Limitations
20. Functioning of the Juvenile Justice Board: A Case Study
21. Functioning of the Child Welfare Committee: A Case Study
22. Functioning of the State Commission for Protection of Child
Rights: A Case Study
137
23. Role of Judiciary in Realizing Child Rights-A Critical Commentary

24. Children's Courts: possibilities and limitations
25. Powers of Child Welfare Committees and their Enforcement
26. Powers of Juvenile Justice Board and their Enforcement
27. Challenges in Enforcing Child Labour Legislation: field analysis
28. Concept of Child Protection in Indian Law and Policy
29. Critique of the Right of Children to Free and Compulsory
Education Act, 2009
30. Common School System and Policy Framework
31. Seven years of implementing the Right of Children to Free and
Compulsory Education Act, 2009 : issues and challenges
32. Corporal punishment in schools: The current situation
33. Right to education and Out of School Children: issues and challenges
34. Closure of government school and its consequence on public education
35. Increasing privatisation and commercialisation of education: its
implication on public education
36. Infrastructure facilities in government schools: a case study after the
implementation of RTE Act Quality education : myts and
misconceptions
37. Functioning of Family Courts - A Case Study
38. Adoption Law in India- A Case Study
39. Institutionalization of Children and the Best Interests Principle
40. Rights of Children under Personal Law: Critical Analysis
41. UN Convention on the Rights of Persons with Disability
.42. Challenges in Implementation of Pre-Natal Diagnostic Techniques Act
43. Analysis of Child Budgeting Experiences
44. Children as Witnesses: Challenges in Establishing Competence
45. Determination of Age of the Child and Child Rights Legislation
46. Legal framework on Corporal Punishment: A Critique
47. Guardian Ad Litems and Protection of Children's Rights and Interests
138
48. ILO Conventions and Child Labour in India

49. Child Sexual Abuse: Critical Analysis of Law
50. Public Interest Litigation and Children in India: Critical Analysis of
Procedures and Outcomes
51. Right to Food for Children in India: An Analysis of Legal Framework
52. Children in Conflict with Law: Situational Analysis and Role of Law
53. Comparative Analysis of Cases handled by NHRC, NCPCR and
NCW related Children
54. Diversion and Juvenile Justice
55. Use of the Right to Information Act in protecting Children's Rights
56. Child Custody and the Principle of Best Interest of the Child
57. JJA and Scope of Delegated Legislation
58. Globalisation and Child Nutrition in India
59. Poverty and Food Security in India: Impact of Children’s Right to Food
60. National Food Security Act 2013 and Right to Food for Children: An
Analysis
61. Right to Food for Children: An Analysis of the Programmatic
Interventions
62. The Juvenile Justice Amendment Bill 2013 and Child Rights
63. Role and Functions of School Development and Monitoring
Committees
64. Bail under Juvenile Justice Act
65. Social Auditing of Children's Homes
66. Displaced Children and Rights in the Indian Context
67. Child trafficking in India: Laws and Policies for Prevention, Protection
and Rehabilitation
68. LGBTQ rights and Children in India: A critical analysis of law
69. Correlation between girl children and school dropout in Higher
Secondary Education: Situational analysis
70. Online child sexual abuse in India: A critical analysis of law
139
140
10

CONSUMER LAW AND PRACTICE (PGDCLP)
PGDCLP started in the academic year 2011-12

After globalisation, liberalisation and privatization the MNCs are in the trend
to sell their products & services by exploiting the consumers. Every person is a
consumer day-in & day-out from his birth to his death. Thus it is essential for
each and every person to know his basic consumer rights. Hence Ministry Of
Consumer Affairs, Food & Public Distribution Department of Consumer
Affairs, Government of India, New Delhi established Chair on Consumer
Law and Practice at NLSIU to promote research, teaching, publication and
training in Consumer Law and Practice. CLAP which is acting as a Think Tank
is also advising the Ministry of Consumer Affairs and the State Governments
with respect to consumer related issues, drafting legislations, amendments to
the existed laws.
In this regard CLAP launched PGDCLP in the year 2011 to enrich the
stakeholders such as Academicians, Professionals, Government official,
Consumer Forum Members, NGOs, etc. PGDCLP is designed for any
graduate with a view to bring awareness for the consumers about their basic
consumer rights and strengthening Consumer Protection in India.
COURSE OUTLINE
PAPER 1: Introduction to Law and Legal System
PAPER 2: Development of Consumer Protection Laws
PAPER 3: Product Liability and Service Providers Liability
141
PAPER 4: Alternative Dispute Redressal Mechanism

PAPER 5: Dissertation

SYSTEM
2. LEGAL SYSTEM
142
Syllabus of Post Graduate Diploma in Consumer Law and Practice (PGDCLP)

6. LAW OF CONTRACT
143

7. CRIMINAL LAW
8. LAW OF PROPERTY
9. MISCELLANEOUS
Suggested Books
144

New Delhi, 1998.
th
9. Williams, Glanville, Learning the law, Sweet & Maxwell, London, 14
Ed., 2010.
Suggested Articles
513
Vol. 49, NO. 02, Page. 271 – 278.
– 380.
145
PAPER II : DEVELOPMENT OF CONSUMER

PROTECTION LAW
UNIT I - Consumer Protection: Global Scenario
Introduction; United Nations Guidelines for Consumer Product Safety
Standards - Objectives, General Principals, Guidelines, Physical Safety,
Promotion and Protection of Consumers’ Economic Interest, Standards for
Safety and Quality of Consumer Goods and Service, Distribution Facilities for
Essential Consumer Goods and Services, Measures Enabling Consumers to
Obtain Redress, Education and Information Programmers, Promotion of
Substantial Consumption, Measures Relating To Specific Areas, International
Cooperation, Legal Status of Guidelines; International Standard Organization
(ISO) - ISO and World Trade, World Wide ISO Standards, ISO and Consumer,
Consumer Policy (COPOLCO), ISO’s Road Map for Next Five Year During
2005-2010; The WHO Global Strategy for Food Safety, 2002 - The Codex
Alimentations Commission (CAC or CODEX), Development and Use of
Codex Standard, The Role of Science, Risk Analysis, Prudence and
Precaution, Consumer Organization and Codex, Consumer Participation at
Codex Meeting Consumer Participation at National Codex, Consultative
Committee Codex and SPS Agreement; Challenges for the Future; Safety of
Genetically Modified Products (Gomes)
Unit II - Evolution of Consumer Protection In United Kingdom
Introduction - Under Common Law, Under Contract Law, Freedom of
Contract, Privity of Contract, Warranty of Merchantable Quality, Under Tort
Law, The Pre Donoghue Position, Post- Donoghue Position, Commission on
Consumer Protection, The European Economic Community Reforms, Under
Statutes, Monopolies, Restrictive and Unfair Trade Practices, Consumer
Protection and Exploitation, Unfair Trade, Unfair Trade Description, Other
Safety Legislation
Unit III - Evolution of Consumer Protection in India
Ancient India; Kautilya’s Arthashastra; Indian Constitution – Preamble, Right
146
to Equality, Right to Freedom to Carry On Business and Trade with

Reasonable Restrictions, Right to Live With Freedom from Exploitation,
Principles of Consumer Policy, State Duty Is To Secure Social Order to
Promote Welfare of the People, Protection of Health and Strength of
Workers, Protection of Children from Exploitation, State’s Duty Is to Enact
Suitable Legislation to Protect Consumers, State’s Duty Is to Improve the
Public Health, Distribution of Legislative Power; Law of Contract –
Definitions, Essential Elements of Valid Contract, Other Important
Provisions; Law of Sale of Goods - Conditions and Warranties, Caveat
Emptor to Caveat Venditor, Suitability of Goods to the Purpose,
Merchantable Of Goods, Custom and Usage of Trade; Law of Torts -
Essential Ingredients of Tort Liability, Negligence; Consumer Movement -
Pre- Independence Position, Post- Independence Position, Consumer
Legislation during 1950-1968, Consumer Protection during 1969-2011,
Monopolies and Restrictive Trade Practices Act, 1969, Consumer Protection
th
Council In 1983, Consumer Protection Act, 1986, The 105 Report of Law
Commission of India, Consumer Awareness Programme by Government -
Publicity – Jago Grahak Jago, Swami Vivekanand National Award on
Consumer Protection, Consumer Protection through Consumer Agencies -
Voluntary Consumer Associations (VCA), Model Voluntary Consumer
Organization of India, Limitations of Consumers’ Organization, Self-
Regulation of Business, Advantage of Self-Regulation, Business Codes, Free
Legal Service Cell of Law Schools, Functions of FLSC, Recognition of FLSC
Unit IV - Consumer Protection Act, 1986
Important Definitions - Who is Consumer?, Who is a Person?, What is
Consumer Dispute?, what are Spurious Goods and Service?, What are
Goods?, What is Defect?, What is Service?, What is Deficiency?, What is
Complaint?, What is Complainant?, What is Appearance of Voluntary
Consumer Association?, Who is Manufacturer?, Who is Trader? What is
Restrictive Trade Practice?, What is Unfair Trade Practice?, Acts Not In
Derogation of Any Other Law, The Consumer Protection Act, 1986: A Special
Law, Consumer Protection Councils, The Central Consumer Protection
Council, Procedure for Meetings of the Central Council, Objects of the
147
Central Council, Constitution of the Central Consumer Protection Council

and the Working Groups, Procedure of the Central Council, The State
Consumer Protection Councils, Objects of the State Council, District
Councils, Consumer Dispute Redressal Agencies, Composition of the District
Forum, Jurisdiction of District Forum, Branch Office Means, Manner in
Which Complaint Shall Be Made, Procedure on Admission of Complaint,
Fees for Making Complaints before District Forum and Commissions,
Finding of the District Forum, Appeal, Composition of the State
Commission, Jurisdiction of the State Commission, Transfer of Cases,
Procedure Applicable to State Commissions, Appeal from State Commission
to National Commission, Hearing of Appeal, Composition of National
Commission, Jurisdiction of the National Commission, Power and Procedure
Applicable To the National Commission, Power to Set Aside Ex Parte Order,
Power to Transfer of Cases, Procedure to Be Followed By the National
Commission, Appeals before the National Commission, Procedure for
Hearing the Appeal, Sitting of the National Commission and Signing Of
Orders, Number of Members in the National Commission, Credit of the Fine
into the Consumer Welfare Fund When Consumers Are Not Identified
Conveniently, Salaries, Honorarium and Other Allowances of the President
and Members of National Commission, Terms and Conditions of the Service
of the President and Members of National Commission, Procedure for
Selection of Members, Removal of President or Members from Office in
Certain Circumstances, Appeal before Supreme Court, National Commission
to Supreme Court, Manner of Deposit of Amount in Appeals before Supreme
Court, Supreme Court Rules Relevant to Consumer Protection Act, General
Provisions, Vacancy in the Office of the President, Finality of the Orders,
Limitation Period, Administrative Control, Enforcement of Orders of the
District Forum, State Commission and National Commission, Penalties: Fine
And Imprisonment: Sec.27, Appeal against Order Passed Under Sec.27,
Dismissal of Frivolous or Vexatious Complaints, Service of Notice, Etc,
Additional Power of National Commission, State Commission and District
Forum, Vacancies or Defects in Appointment Not To Invalidate Orders,
Protection of Action Taken In Good Faith by the Members of District Forum,
the State Commission and the National Commission, Power of Framing Rules
148
and Regulations, Power of Central Government to Make Rules, Power of

National Commission to Make Regulations, Rules and Regulation to be Laid
Before Each House of Parliament, State Government to Recognize a
Laboratory as an Appropriate Laboratory, Consumer Forums is not a Regular
Court, Arrangements in Consumer Forum, Dress Code, Hearing Hours,
Cause List, Institution of Complaints, Appeals and Revision Petitions, Issue
of Notice, Adjournment, Hearing by Benches, Arguments, Limitations,
Review, Ex- Parte Interim Order, Final Order, Return on Institution and
Disposal of Cases, Certified Copy, Preservation of Records, Inspection of
Records, Obligation of the Redressal Agency, Annexure-I Sample of Formats
of notice, consumer Complaint, Sample of Affidavit, Authorization,
Annexure- II, Recent Landmarks Judgments on goods, medical negligence,
educational services, insurance laws, housing/ construction, electricity,
advertisements, air travel, telecom services, banking services, postal/courier
services, jurisdiction, penalty, appeal, appointment of forum members.
PAPER III : PRODUCT LIABILITY AND SERVICE

PROVIDERS’ LIABILITY
Unit I - Product Safety Standards and Liability
Objectives, Introduction, Drugs and Cosmetics Act,1940 :Objectives, Legal
framework of the Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Act:
Some important definitions, Machinery to regulate Drugs and Cosmetics,
Import of Drugs, Manufacture of Drugs, Power of Inspectors, Drug Policy,
Legal Regulation of Cosmetics under Drugs and Cosmetics Act, Some major
amendments to Drugs and Cosmetics Act, Standards of Weights and
Measurements Introduction, Salient features of the Standards of Weights and
Measures Act, Standard Units, The Legal Metrology Act, 2009, Salient features
of Legal Metrology Act, Salient features of Legal Metrology Act, Standard of
Weights and Measures Act and the Legal Metrology Act:. Significant Changes,
Bureau of Indian Standards (BIS), Functions of BIS, Agricultural produce
(Grading and Marking) Act 1937 –Objectives, AGMARK standard.
149
UNIT II - Food Adulteration Act; Food Safety and Standards Act;

Insecticides
Objectives, Introduction, Food Adulteration: A Social evil, Legal Regulation

of Food Adulteration, Definition of Adulteration, Unfit for human
consumption- Main test, Definition of Food, Standards prescribed by the Act,
Mensrea is not necessary, Functions of Food Laboratory, Powers of Food
Inspectors, Food Safety and Standards Act, 2006, Food Safety Appellate
Tribunal, Insecticides Act, 1968
UNIT III - Service Providers Liability
Objectives, Introduction, Service Sector and Consumer Protection, Banker’s

Services and Consumer Protection, Banking Ombudsman, Procedure to lodge
a complaint, Banker’s Services and Consumer Protection Act, 1986, Services
of Insurance Industry and Consumers Remedies, Insurance Regulatory
Development Authority (IRDA), Ombudsman, Consumer Protection Act,
1986 and the Services of Insurer, Professional Negligence and Consumer
Protection Act, 1986, Medical Profession and Consumer Protection Act, Legal
Profession and Consumer Law, Housing and Consumer Protection, Some
categories of Services under Consumer Protection Act.
UNIT IV - E-Consumer Protection: Advertisement
Objectives, Introduction, E-Commerce and its significance, Categories of E-

Commerce, Advantages of E-Commerce, Advantages of E-Commerce,
Categories of Services, Legal issues in E-Commerce transactions, Protection
of Intellectual Property Rights in E-Commerce, Privacy issues, Jurisdictional
issues, Ethical issues, Information Technology Act, 2000-Consumer
Protection, Computer Crime, Offences committed outside India, Indian Penal
Code and Computer Crimes, E-Consumer protection and International
attention, Advertising –Introduction, Kinds of Advertising, Benefits of
Advertising, Some Objections to Advertising, Advertising agencies,
Advertising and Consumer Protection, Unfair trade practices and Consumer
Protection Act, 1986, Advertising Industry and Code of Advertising.
150
PAPER IV : ALTERNATIVE DISPUTE REDRESSAL

MECHANISM
Unit I - Regulatory Authorities

Objectives, Introduction, What is Regulation?, The Need for Regulation,
Functions of a Regulator, Principles of Regulation, Types of Regulatory
Agencies, Consumer Protection in the Insurance Sector, Introduction,
Consumer Protection Measures by IRDA, Consumer Protection in the
Telecom Sector, Introduction, Structure of TRAI, Grievance Redressal
Mechanism, Consumer Protection in Electricity Sector, Introduction, Who
can file a Complaint? Who is a Consumer?, Can all complaints be filed in the
forum?, Number of Forums, Composition of the Forum?, Term of the
Membership, Information about the Forum, Procedure for lodging
complaints, Procedure followed in the Forum, Decision of the Forum,
Ombudsman, Objectives, Meaning and Need for Ombudsman, Essentials of
Effective Ombudsman, Ombudsman in Indian Context, Ombudsman for
Banking, Introduction, Procedure for filing a complaint, Grounds for
rejection, Complaint settlement procedures, Appeal, Obligation of Banks,
Appointment of Nodal Officer, Decided case law, Ombudsman for Insurance,
Introduction, Appointment and qualifications, Terms of office and
jurisdiction, Removal from office, Powers of Ombudsman, Procedure for
filing complaints, Recommendations, Award by the Ombudsman,
Information dissemination. Ombudsman for Income Tax, Introduction,
Appointment and Tenure, Complaints, Procedure for filing Complaints,
Rejection of complaints, Settlement of complaints, Powers of Ombudsman,
Duties of ombudsman, Ombudsman for Electricity, Qualification and tenure,
Removal from the post, Maintainability of complaints, Rejection of
complaints, Procedure for settlement, Hearings, Issue of orders, Citizen’s
Grievance Redressal System in Government, Introduction, Public grievances
and Cabinet Secretariat, Citizens Charters, Elements of Citizens Charters¸
Right to Information¸ What is information, What is Right to Information,
Pro-active disclosure of information, Information that are exempted, Who
151
provides information¸ Institutions exempted from RTI Act¸ Procedure for

obtaining information, Payment of fees, First Appeal Process, Second Appeal
Process¸ How to make a complaint, Time limit for providing information,
Information about private bodies, Role of Information Commission
Unit II - Arbitration, Conciliation, Mediation and Lok Adalat
Objectives, Introduction, What is Alternative Disputes Redressal System,
Arbitration, Types of Arbitration, Conciliation, Mediation, Process of
Mediation, Benefits of Mediation, Lok Adalat, Permanent Lok Adalat,
Constitution of Lok Adalat, Procedure for organizing Lok Adalat,
Composition, Jurisdiction, Proceedings in Lok Adalat, Award of Lok Adalat,
Grounds for challenging the Award, Benefits of Lok Adalat, Citizens’
Grievance Redressal System In Government, Introduction, Department of
Public Grievances, Citizens Charter, Key Elements of Citizen’s Charter, Right
to Information, What is Information?, What is Right to Information?, Pro-
active disclosure, Information exempted from RTI Act, The information to be
obtained from, Institutions exempted from RTI Act, Procedures for obtaining
information, How to complain?, Time Limits for providing information, Role
of Information Commission.
Unit III - Sustainable Consumption and Environment Protection
Objective, Introduction, What is sustainable consumption?, Signs of a
sustainable society, Signs of a sustainable society¸ Need for sustainable
consumption, Strategies to promote sustainable consumption, Changing
consumption patterns, Steps towards sustainable consumption, United
Nations Guide lines on Consumer Protection and sustainable consumption.
Promoting sustainable consumption – Best Practices, Standards and
Mandatory/Voluntary Labels, Levy of Taxes, Subsidies and incentives,
Education and Awareness Campaign, Regulating Advertisements,
Government procurement policies, Role of Civil Society in promoting
sustainable consumption, Legislation Related To Environment Protection,
Objectives, Introduction, Constitutional Provisions on environment
protection, Wild Life Protection Act, Water (Prevention and Control of
Pollution) Act, Air (Prevention and Control of Pollution) Act, Environment
Protection Act, Hazardous Wastages (Managing and Handling) Rules,
152
Bio-Medical Waste (Managing and Handling) Rules, Public Liability Insurance

Act, National Green Tribunal Act,
Unit IV - Competition Law and Policy
Objective, Introduction, Forms of competition, Benefits of competition,
Competition Policy and Law, Nine Principles of Competition Policy¸
Competition Law, Evolution of Competition Law in India, Framework of
Competition Act, Enforcement Issues, Administration Issues, Functional
Issues, Prohibition of Anti-Competitive Agreements, Cartels under
Competition Act¸ Inquiry into Cartels, Leniency Scheme, Bid Rigging, Inquiry
into Bid Rigging, Prohibition of Dominant position, Abuse of dominant
position¸ Types of abuse of dominant position, Determination of Predatory
Behaviour, Regulation of Combinations, Mergers and Acquisitions, Types of
Mergers and Acquisitions, Inquiry into Combinations, Mergers and its Effect
on Competition, Investigating Combinations, Competition Commission of
India, Composition of CCI, Duties and powers of Chairperson and Members
of CCI, Competition Appellate Tribunal (CAT) , Removal of Members of
CAT, Appeal process.
PAPER V : DISSERTATION OR PROJECT WORK

LIST OF TOPICS FOR DISSERTATION – 2017-2018
1. A Study of Public Interest Litigation on Consumer Protection in India
2. A Study on the Effectiveness of Consumer Redressal Machineries under
COPRA
3. A Study on Product Liability in Consumer Contracts
153
4. Case Analysis on Business-to-Consumer Disputes under Competition

Law
5. Impact Assessment of Advertisement Standards Council of India
(ASCI) on Misleading Advertisements
6. Pricing Error Issues and its Impact on Online Shopping
7. A Study of ISO Certifications on Consumer Protection
8. Role of Confederation of Real Estate Developers' Associations of India
CREDAI on Protecting Consumers
9. Case Studies of United States-Food and Drug Administration on
Misleading Ads
10. EU Directive on Distance Selling – Recent Trends
11. Intermediary Liability in Online Shopping – Recent Trends in Judicial
Decisions
12. Citizen Advocacy in Consumer Protection – Case Analysis
13. Implementation of Sustainable Consumption in India
14. Impact of Consumer Education on Consumer Behaviour – A Study with
Reference to India
15. Regulating Misleading Advertisements in Cosmetics
16. Role of TRAI in Protecting Consumer Interest in Telecom Sector
17. Judicial Interpretations on Medical Negligence in the Context of
Consumer Protection
18. Direct Selling in India – Regulations and Way Forward
19. Position of Law on Comparative Advertising in India
20. Judicial Interpretations on Liability of Carriers for Loss of Consumer’s
Goods
21. Regulations on Misleading Advertisements with reference to Food
Supplements
22. Multi-level Marketing and Pyramid Selling – Is there a Need for
Regulation in India?
23. Judicial Response to Food Adulteration – A Critical Analysis
24. Case Analysis of the New Definition of ‘Pre-packaged Commodity’
under Legal Metrology Act
154
25. Consumer Protection in Education Sector in India

26. A Study of the Consumer Grievance Redressal under IDRA
27. Consumer Cases on ‘Deficiency in Service’ in Insurance Industry
28. Impact of Global Consumer Networks in Consumer Movement
29. Case study on Multiplex Malls
30. Regulatory Aspects on Tobacco Advertising and Promotion
31. Enforcement of Essential Commodities Act,1955 – A Critical Analysis
32. Regulation Regarding ‘Cooling-off Period’ in E-consumer Contracts
33. Online Sale of Pets – Is There a Need for Regulation?
34. Relevance of Trustmarks in Protecting Consumers in E-commerce
35. Complaining Trends in the Context of Refund in Online Consumer
Transactions
36. Online Food Catering – Adaptability of Food Standards in the New E-
commerce Trend
37. A Study on Consumer Protection in the Context of Tourism in India
38. Unfair Trade Practices Relating to Discounts and Promotions – Case
Analysis in India
39. Recent Trends in Product Warranty Issues
40. Protection of Children Against Misleading Advertisements
41. Enforcement Challenges in E-consumer Disputes
42. Regulation on Unfair Terms in Consumer Contracts – Position in US,
UK and India
43. An Analysis of the Proposed E-filing of Consumer Complaints under
the New Consumer Protection Law
44. Regulations Governing Privacy in Business-to-Consumer (B2C)
Electronic Commerce
45. Empirical study on working of Consumer Care number on packaged
products.
46. Video Documentary on specific issue on Consumer Protection.
47. Critical study of proposed Consumer Protection Bill 2015
48. Consumer Protection Aspects of Financial Goods and Services
155
49. Critical Comment on Proposed Amendment to establish Regulatory

Authority under COPRA
51. Consumers’ Right to Information in the Context of Article 19 of Indian
Constitution
52. Case Analysis on Interpretation of ‘self-employment’ as Business-to-
consumer Contracts under Section 2(1)(d) of Consumer Protection Act,
1986
Law
56. A Study of ISO and ISI Certifications on Consumer Protection
58. Role of Regional Trade Agreements in Cross-border Consumer
Protection
59. EU Directive on Distance Selling – Comparison with India
Decisions
Reference to India
63. Regulating Misleading Advertisements in Cosmetics Industry
Consumer Protection
68. Jurisdiction Concerns in E-consumer Protection in India
69. Regulating Misleading Advertisements in Food Industry
156

76. How Consumer International Helpful for Indian Consumers
77. Impact of Global Consumer Networks in Consumer Movement
78. Regulating Misleading Advertisements in Drugs Industry
83. Liability of Intermediaries in E-commerce
Transactions
commerce Trend
Analysis in India
UK and India
91. Consumer Education for Children on Packaged Food Products: A
Critical Analysis
157
92. Case Studies on Enforcement of the Regulatory Authorities under

FSSAI
94. Consumers’ Right to Information in the Context of Article 19 of Indian
Constitution
95. Case Analysis on Interpretation of ‘self-employment’ as Business-to-
consume
96. Contracts under Section 2(1)(d) of Consumer Protection Act, 1986
97. A Study on the Effectiveness of Consumer Redressal Machineries under
COPRA
98. Role of Consumer Councils in Empowering Consumers
99. Rule of Contra-preferendum in Standard Form Consumer Contracts
Law
103. A Study of ISO Certifications on Consumer Protection
105. Role of Regional Trade Agreements in Cross-border Consumer
Protection
106. Online Dispute Resolutions (ODR) and their Role in Consumer
Grievance Redressal
107. EU Directive on Distance Selling – Recent Trends
Decisions
109. Citizen Advocacy in Consumer Protection – Case Analysis
Reference to India
158
112. Regulating Misleading Advertisements in Cosmetics

Consumer Protection
117. Jurisdiction Concerns in E-consumer Protection in India
118. Judicial Interpretations on Liability of Carriers for Loss of Consumer’s
Goods
119. Regulations on Misleading Advertisements with reference to Food
Supplements
121. Goods-Service Dilemma in Digital Products
Transactions
commerce Trend
Analysis in India
159

136. Protection of Children Against Misleading Advertisements
137. Enforcement Challenges in E-consumer Disputes
UK and India
140. Regulations Governing Privacy in Business-to-Consumer (B2C)
Electronic Commerce
141. Landmark Judgments on Consumer Law
142. Legal framework towards transborder movements of hazardous wastes;
an critical appraisal
143. Marine insurance law & Consumer Protection in India: An evaluation
144. Fire Insurance and Consumer Protection
145. Health Insurance and Consumer Protection
146. Motor Vehicle Insurance and Consumer Protection
147. UN Guidelines on Consumer Protection: Need Amendment
148. General overview on arbitration and registrations relating to it at national
and international level.
149. Telecommunication revolution and its legal implications in the Indian
context
150. Monopolistic Trade Practices: a comparative study between Indian and
the American laws
151. Adjudication of disputes relating to building & engineering contracts
through arbitration its Scope & finality of awards.
152. Study of unfair trade practices in India
153. Food Safety and Standards and Consumer Protection
154. Packaged Commodities and Consumer Protection
155. Concept of deficiency in service under the consume protection act, 1986
156. Doctrine of caveat venditor: critical appraisal
160
157. Liability for defective consumer goods comparative Analysis of the law
in the United Kingdom and India
158. Alternate dispute resolution: A critical analysis
159. Mediation centre in Consumer Redressal Forum
160. Difference between MRTP and Competition Act
161. Telecommunication law and regulation :TRAI and regulation of
telecommunication in India
162. Legal and policy framework for the electricity sector in India
163. Critical appraisal of the Consumer Protection Act,1986
164. Concept of deficiency in service under the Consumer Protection Act,
1986
165. Medical negligence and the Consumer Protection Act
166. Competition Law in India :Analysis And Comparison
167. Is the consumer safe by Genetically Modified Food in India
168. An analysis on Jago Grahak Jago initiative by Government of India & its
impact on public.
169. Advocate Profession & Consumer Protection Act
170. Role of Telecom Regulatory Authority of India in protecting
Consumer’s Rights in India
171. Impact of Misleading Advertisements on Consumers in India.
172. A Study on deficiency of service by civil aviation.
173. Interface between Competition Law and COPRA
174. Implementation of Consumer Welfare legislations in India
175. Bureau of Indian Standards & Consumer Protection.
176. Insurance Regulatory and Development Authority(IRDA) & COPRA
177. Advertising Standard Council of India(ASCI) & Consumer Protection in
India
178. Judicial Trends in consumer and Insurance Sector
179. Critical Evaluation of Consumer Protection Bill, 2015
180. Food Safety and Standard Act, 2006 & Consumer Protection
161
181. The Role of Banking Ombudsman in Consumer Protection in India

182. E-Consumer Protection In India
183. Prohibition of Smoking in India & Consumer Protection.
184. Electricity Service & Consumer Protection
185. Consumer Protection in India: A Comparison with UK & US
186. Deficiency of service by Railway Department & Consumer Protection.
187. Protection of Consumer under Torts, Contract & Criminal Law
188. Legal Metrology & Consumer Protection
189. Real Estate and Consumer Protection
190. Educational Institutions and Consumer Protection
191. TV Channels and Consumer Protection
192. Paid News and Consumer Protection
193. Consumer Protection in Banking Sector
194. An analysis on Banking Ombudsman in India
195. Consumer Exploitation in PVR Cinema & Malls: A Critical analysis
196. Pharmaceutical and Consumer Protection
197. Right to Information Act and Consumer Protection
198. SAKAL of Karnataka and Consumer Protection
199. Government Services and Consumer Protection
200. Goods and Services Tax & Consumer Protection
201. Mobile Phone and Consumer Protection
202. Internet service and Consumer Protection
203. Interface between Intellectual Property Rights & Consumer Protection
204. Tobacco products and COPRA
205. BBMP and Consumer Protection
Suggested Books
1. Barowalia, J N, Commentary on the consumer protection act, 3rd Ed.,
Universal Law Publishing Co.Pvt.Ltd., New Delhi, 2008.
2. Jaswal, Paramjit S, Sandhu, G I S & Pawar, Anand, Consumer
162
activism, competition and consumer protection, R G N U L, Punjab,

2012.
3. Misra, Suresh, Chadah, Sapna & Pathania, Mamta, Consumer
protection in India : Policies and case studies, Concept Publishing
Company Pvt. Ltd., New Delhi, 2012.
4. Rao, T Srinivasa, Changing lifestyle and consumer behavior, Deep &
Deep Publications Pvt. Ltd., New Delhi, 2006.
5. Sassatelli, Roberta, Consumer culture : History, theory and politics,
Sage Publications, New Delhi, 2013.
Suggested Articles
1. Korde, V T, “Consumer protection under the MRTP act”, SEBI and
Corporate Laws, 2002, 13th May, Vol. 37, No. 02, Page. 35 – 40.
2. Mehta, Swati, “Development of Consumerism in India”, Corporate
Law Cases, 2011, August, Vol. 03, No. 08, Page. 298 – 308.
3. Patil, Ashok R, “E-Consumer Protection in India - A Challenge”,
Karnataka Law Journal, 2012, 15th Jan, Vol. 01, No. 02, Page. 17 – 38.
4. Patil, Ashok R, “A critical study on Impact of misleading
advertisements on consumers in India”, Indian Bar Review, 2014, Jan-
Mar, Vol. 41, No. 01, Page. 37 – 52.
5. Singh, Gurbax, “An overhaul of the law of consumer protection by
consumer protection (amendment) act 2002.
163
164
11

CYBER LAWS AND CYBER FORENSICS
PGDCLCF commenced from the academic year 2013-14.

With the availability of easy access to the Internet facility, a world of change is
experienced in the field of business & commerce and also in the means of
communication throughout the world. Business transactions of both
government as well as private sectors, including banking transactions are
conducted with the use of this technology today. This has fastened, widened as
well as increased the quality of transactions thus making it beneficial to all
–government or private service providers, traders, agents, consumers and
other beneficiaries. The system of e-governance and e-commerce has taken its
rootsin the country and is fast expanding its ambit to different sectors.
While the technological developments in the field cited above go ahead at a fast
pace, the fact remains that a congenial legal environment is mandatory to
extend legal support to the developments on the technical front. The
Government of India has, on the anvil, passed number of laws to provide
thelegal environment in which e-commerce and e-banking transactions can
take
Place; so much so, when any dispute arises in such transactions, there would be
legal remedies readily available. The first step in this direction is the enactment
of the Information Technical Act 2000, which came into force from
17thOctober 2000. This Act accords legal status to Electronic records through
Digital Signaturesand empowers Certifying Authorities to issue Digital
Signatures Certificates. The Act provides for a Cyber Appellate Tribunal as the
appellate authority. In addition there are many more special laws to deal with
the issue of use and abuse of cyber technology.
165
We hence require educational programmes coupled with awareness

programmes and training of the stakeholders for constant up-gradation of
their skills is likely to contribute to the appreciation of the information
gathering and translate the same into the legal format so that they can
understand and appreciate them better.
In this regard, the National Law School of India University (NLSIU) through
its Advanced Centre for Research, Development and Training in Cyber Laws
& Forensics has taken up the task of creating awareness and providing training
to judicial officers, public prosecutors, investigative agencies, cyber security
personnel, law teachers, students and general public, with better law
enforcement objectives. The Centre undertakes interdisciplinary research in
the area of cyber laws and technology so as to identify the methods and means
of further developing or strengthening the effectiveness of existing laws,
institutional structures and constantly train theend users on preventive,
detective, investigating and adjudicating reforms so as to minimize the crimes
committed over internet.
The Centre also provides dependable and timely cyber laws and forensics
related training services to public and private institutions as well as individuals.
With a view to cater these objectives and contribute towards the expansion of
specialized knowledge and skill in this domain, especially to the stakeholders
involved in the domain of cyber security as well as to the people interested in
learning legal as well as technical aspects of cyber security, a Post Graduate
Diploma in Cyber Laws & Forensicsthrough the distance education mode is
initiated.
Regulations
The Post Graduate Diploma in Cyber Laws & Forensics will have four papers
and one Dissertation.
COURSE OUTLINE
Paper II - Law of Cyber Crimes in India
PAPER III - Laws of Cyber Space
PAPER IV - Cyber Crimes and the Society
Paper V - Dissertation or Project Work
166
11 : Syllabus of Post Graduate Diploma in Cyber Laws and Cyber Forensics

SYSTEM
various organs of Government, i.e. Legislature, Executive and the
Judiciary. Different classification of law, like civil and criminal, substantive and
2. LEGAL SYSTEM
167

Salient Features of the Indian Constitution ; Longest written constitution –
Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights
6. LAW OF CONTRACT
168

7. CRIMINAL LAW
8. LAW OF PROPERTY
9. MISCELLANEOUS
Suggested Books
169
New Delhi, 1998.
14th Ed., 2010.
Suggested Articles
513
Vol. 49, NO. 02, Page. 271 – 278.
– 380.
170
PAPER II : LAW OF CYBER CRIMES IN INDIA

I. Basic Objectives of the Paper:
This paper will introduce different dimensions of Cyber Crimes from the
Technical, Legal and Behavioural science perspectives. It will explain the
technical means by which cybercrimes are committed as well as the legal
interpretation of contraventions and offences under the laws applicable in
India. Psychological and Sociological aspects of human behaviour that
influences commission of offences under the Cyber Environment will also be
discussed. All aspects of digital evidence from the technical and legal
perspective will be introduced.
II. Expected Learning Outcome:
The student will derive a comprehensive understanding of the world of Cyber
Crimes and understand it from the different perspective of law, technology
and people. Students who may not have technical background will get
fundamental knowledge relating to the technology, necessary to understand
the issue.
1 - Fundamental of Computer, Internet and Mobile Technologies
1. Introduction
2. Understanding a Computer System, Hardware, Software, Processing,
Peripherals
3. Understanding the concept of Cyber Space, Internet System, origin,
technical protocols, domain name systems, Functions of an ISP, Hosting,
E-Mails etc
4. Fundamentals of Mobile Technology, wireless Communications,
Protocols, Processing of Calls and messages in a MSP.
2 - Cyber Crimes – The Technical Perspective
1. What are Cybercrimes?
2. Different types of Cyber Crimes, Hacking, denial of service, botnets
3. Trojans and Viruses, Backdoors, Remote Access Tools
4. Cyber Stalking, Man in the Middle Attacks, Spoofing, Spamming,
Morphing, Steganograph
171
5. Identity Theft, Phishing, Social Engineering, Salami Attacks, Financial

Frauds, Piracy, Web jacking, DNS poisoning, SQL injections, Cross site
scripting, Software Vulnerabilities exploitation etc.
3 - Cyber Crimes - The Legal Perspective
1. Scope of ITA 2008
2. Civil Wrongs under Chapter IX
3. Offences under Chapter XI
4. Abetment, Attempt, Vicarious Liabilities, etc.
5. Powers of the Police for investigation, arrest etc.
6. Some Case laws for discussion.
4 - Behavioural Aspects of Cyber Crimes
1. Background
2. Effect of Anonymity and Pseudonomity
3. Effect of Ability for Instant Public Expression (Self Abuse)
4. Technology Intoxication
5. Theory of IS Motivation
6. Identifying Deviant Behaviour in Employees Self-evaluation Questions
5 - Technical Aspects of Digital Evidence
1. Basic Principles
2. Types of Evidentiary objects in Cyber Space
3. Evidence in Storage, Processing, Transmission, Cache, Temporary
internet files etc.
4. Evidence in Slack Spaces, Volatile Memory etc.
5. Forensics Tools
6 - Legal Aspects of Digital Evidence
1. An Introduction to Indian Evidence Act.
2. Amendments to Indian Evidence regarding digital evidence
172
3. Difficulties in Collection, Preservation and Presentation of Digital

Evidence
4. Important Case Laws on Digital Evidence
PAPER III - LAWS OF CYBER SPACE

I. Basic Objectives of the Paper:
This paper will complement the issues covered in Paper I and discuss Law od
Digital Contracts along with Law applicable to Digital Authentication. To the
extent necessary to understand Digital Signatures, technical background such
as Cryptography would also be discussed. Additionally, Cyber offences other
than those covered under ITA 2000 such as Domain Name Laws, Copyright
laws, Laws related to Privacy, Freedom of Speech etc. will also be covered.
Additionally Cyber Judicial System under ITA 2000 will also be covered.
II. Expected Learning Outcome:
A student will derive an understanding of all aspects of Contraventions of law
including those related to Law of Contracts, Intellectual Property Rights,
Human Rights issues etc. Additionally the technical aspects of Electronic
Signatures and Cyber Judiciary will provide further coverage of ITA 2000.
1 - Law of Digital Contracts
1. Introduction
2. Fundamentals of Contract Law
3. Types of Contracts in Web space, Formation of Contracts with
Electronic Documents
4. Legal Recognition of Electronic Documents & Signatures
5. Shrink Wrap and Click Wrap Contracts etc
2 - Technology and Law of Electronic Signatures
1. Legal definition of Electronic Signatures
2. Fundamentals of Cryptography
3. Asymmetric Cryptosystem
4. Hash Function
173
5. Digital Signature as a combination of Hashing and Asymmetric

Cryptosystem
6. Digital Certificates
7. Secured Electronic Signatures
8. Certifying Authorities and the CCA
9. Responsibilities of the Digital Certificate Subscribers and
10. Offences associated with electronic signatures
3 - IPR Issues in Cyber Space
1. Domain Name Disputes and Resolution through UDRP/INDRP
2. Copyright on Web Documents and Software, Software Licensing
Practices, Copy Lect, Open General License
3. DMCA, Copyright Amendments in India
4. Patent Issues in Cyber Space
4 - Privacy and Freedom of Speech Issues In Cyber Space
1. International Perspectives of Human Rights in Cyber Space
2. Privacy Issues in Cyber Space
3. Freedom of Speech Issues in Cyber Space
4. US/UK/EU Law on Privacy in Cyber Space
5. Law of Spam, Children Online Privacy, Stalking etc. in different
Countries
6. Indian approach to Privacy and Data Protection in Information
Technology Act, 2008/Privacy Act, 2011 (Proposed)
5 - Cyber Judicial System under ITA 2008
1. System of Adjudication, Constitution, Powers and Procedures
2. Cyber Appellate Tribunal, Constitution, Powers and Procedures
3. Quasi-Judicial Authorities under ITA 2008
6 - Legal Issues of E-Business
1. Understanding the E-Business Technology
174
2. E-Payments
3. Legal Issues in E-Business
4. Legal Issues in E-Banking in India
5. E-Taxation
6. E-Consumer Protection
7. Cross Border Legal Issues
8. Cyber Law Compliance as a Business Strategy
PAPER IV - CYBER CRIMES AND THE SOCIETY

I. Basic Objectives of the paper:
This paper discusses the impact of Cyber Crimes on industry and society. It
will discuss different aspects regarding the application of issues of regulation
of Cyber Space, Cyber Law Compliance and E Governance. It will also discuss
international issues such as Cyber Warfare, Jurisdiction etc.
1 - Cyber Jurisprudence and Jurisdictional Issues
1. Principles of Jurisprudence
2. Emerging Concept of Cyber Jurisprudence
3. Legal issues of the Virtual World and Cloud Computing
4. Cyber Jurisdiction: A Jurisprudential Understanding
5. Jurisdictional Analysis of Cyberspace
6. Absence of Territorial Borders in Cyberspace
7. Ascertaining Cyberspace Jurisdiction: A Comparative Analysis
8. The Indian Perspective
2 - Information Society and Impact of Cyber Crimes
1. Introduction
2. Virtual Social Networks and their impact on Society
3. Children on the Net and Cyber Bullying
4. Pornography
175
5. Internet Addiction
6. Internet as a Fundamental Right
7. Human Rights on Cyberspace
3 - Basic Concepts of Information Security
1. Concept of Information Security and its evolution
2. Technical Aspects of Information Security
3. Legal Aspects of Security
4. Behavioural Aspects of Information Security
5. Information Security Regulatory System in India
4 - Cyber Law Compliance Issues in Industry and In E-Governance
1. Legal Issues in Securing a Network
2. Legal Issues in Cloud Computing
3. Legal Compliance requirements under Data protection Laws in ITA 2000
and Other Laws
4. Issues of Legal Compliance in E-Governance
5. Technical and Techno Legal Information Security Audit Approaches
Summary
5 - Cyber Terrorism and Cyber Warfare Issues
1. Meaning of Cyber Warfare and Cyber Terrorism
2. Examples and Case studies and their impact
3. Techniques used in Cyber Attack (Cyber Warfare / Cyber Terrorism)
4. Impact of Cyber warfare and Cyber Terrorism
5. Legal Challenges
6. National Cyber Space Security, Policies, Challenges and Solution
7. Indian Government Cyber Security Strategy
6 - International Approach to Regulation of Cyberspace
1. Issues and Challenges in regulating Cyberspace
2. Approach of different countries in regulating Cyberspace
176
3. International cooperation in Cybercrime Mitigation

4. Regulation of Cyber Society as an Independent State
PAPER V – DISSERTATION OR PROJECT WORK

These topics are purely suggestive. The students could either improvise on the
given topics or formulate a new topic of their own. In such case the students
are required to inform the department for validity of the topic before
undertaking any substantive research work. If a student is selecting any one of
the topic provided in the hand book then the student need not write to the
department.
1. A critique of Indian Cyber Laws

2. Adjudicatory authority under IT Act – a study
3. Anonymity and Pseudonomity –the behavioural aspects of cyber crime
4. Application of Cyber crime laws of India for cyber crimes committed
outside India – issues and concerns.
5. Article 19 (1) (a) vis-à-vis Section 66A of IT Act – current legal scenario.
6. Attempt to commit cyber-crimes and legal liability
7. Blocking of websites and Indian laws
8. BUDAPEST convention and India’s stand
9. CERT-In’s role and responsibilities – a critical review
10. Challenges to the effective implementation of I. T. Act 2000 in India - A
study
11. CISO’s role and responsibility in ensure cyber security compliance
12. Click Wrap & Shrink Wrap Contracts – A comparative study
13. Conceptual analysis of “cyber” crime
14. Copyright protection of Web Documents & Software
15. Corporate criminal responsibility under IT Act 2000
177
16. Credit card frauds – means to check the menace

17. Cryptography – A technical & legal aspect
18. Cyber warfare and legal issues
19. Cyber bullying and laws
20. Cyber crimes committed steganography – a study
21. Cyber forensics and its importance
22. Cyber Pornography – a study of Indian law
23. Cyber stalking – the technical & legal perspective
24. Cyber-crimes affecting banks – a review
25. Cyber-crimes affecting e-commerce
26. Cybercrimes affecting e-governance
27. Cybersquatting and IPR Infringement: The flaws in the Laws
28. Data protection law of India
29. Data protection on cyber space – issues and concerns
30. Digital Contracts – An International Perspective
31. Digital contracts and Indian laws
32. Digital evidence and law
33. Disputes settlement Mechanism in IT Act, 2000
34. Domain Name Disputes and resolution through UDRP/INDRP
35. E-commerce in India – problems and perspectives
36. Email spoofing and the law
37. Ensuring legal protection of bodily privacy
38. Ensuring legal protection of data privacy – possible avenues
39. Evidence through Video conferencing – A critical Appraisal
40. Evidentiary issues relating to cybercrimes.
41. Human rights on cyber space – Indian Legal response
42. Hurdles in the Investigation of cyber crimes
43. Identification theft on cyber space and law
44. Identifying Deviant Behavior – A Behavioral Aspect of Cyber Crime
45. Identity theft- the technical & legal perspective
46. Impact of DMCA on Indian Copyright – A study
178
47. Impact of Shreya Singhal judgment

48. Importance and possibility of a Cyber criminal’s profiling
49. Importance of 65B certificate for trial
50. Importance of BYOD and legal requirements.
51. Importance of cyber forensics
52. Indian Copyright Act and software protection- A critical legal study
53. Indo-US strategies in combatting cyber crimes
54. Industrial compliance to 43A rules – a study
55. Information security Regulatory System in India – A study
56. Informational Technology Act, 2000 - A Critical Analysis
57. Interception of online communication – legal possibilities and concerns
58. International Perspectives of Human Rights on Cyber Space – a study
59. Internet of things and legal issues
60. Investigating cyber-crimes – challenges and solutions
61. Investigating cyber-crimes beyond jurisdiction
62. Involving social media in law enforcement activities
63. IPR on cyber space – an overview
64. Issues and challenges in regulating Cyber Space
65. Jurisdictional Issues in Cyber Space
66. Leal Protection of Freedom of Speech and expression in Cyber Space.
67. Legal recognition of Electronic documents – A critique
68. Legal Issues in E-banking in India
69. Legal issues in E-Consumer Protection
70. Legal issues in E-Payments
71. Legal Issues in E-Taxation
72. Legal issues of E-Business Technology
73. Legal Issues of the cloud computing
74. Legal Issues of the Virtual World – a study
75. Legal possibility of regulation of artificial intelligence
76. Legal promotion of e-commerce in India – experience so far
77. Legal promotion of e-governance in India – experience so far
179
78. Legal regulation of Hate speech – Indian experience

79. Legal regulation of Hate speech – US experience
80. Legally regulating hacking – methods and means
81. Liability of intermediaries in India
82. Lottery frauds and Indian legal response
83. Marketing on social networking sites and legal issues
84. Mobile crimes and laws in India
85. Net neutrality and legal issues
86. Online Arbitration – prospective available
87. Online banking frauds and Indian legal regulations
88. Online financial frauds and Indian legal regulations
89. Online Protection of Children
90. Online protection of women and laws
91. Online sale of contrabands – means of regulation
92. Online sale of contrabands and legal response in India
93. Online shopping and legal concerns
94. Online spams and laws – a comparative study
95. Patent Issues in Cyber technology tools – practices in different countries
96. Possibility of imposing corporate civil and criminal responsibility under
IT Act
97. Possibility of imposing vicarious liability under IT Act 2000
98. Privacy Issues in Cyber Space – A comparative Analysis
99. Protecting protected systems – legal measures
100. Protection of source code through law
101. Quasi-Judicial Authorities under IT Act, 2000
102. RBI’s role in ensuring safe online banking – a review
103. Regulating Child pornography – challenges and solutions
104. Regulating cyber cafes – methods and means
105. Regulating offensive messages through law
106. Regulating online advertisement
180
107. Regulating phishing through technology and law

108. Regulating social networking sites
109. Regulation of IOT Based cyber crimes
110. Regulation of Social Network sites
111. Regulation of viral and worm attacks
112. Remedies for Cyber defamation
113. Revenge porn and legal approach in regulation of revenge porn
114. Rights of netizens
115. Role and responsibility of cybercrime police stations – an empirical study
116. Scope and ambit of section 43 and 66 of IT Act.
117. Section 66 A of IT Act.
118. Securing a network through Ethical Hacking and legal issues
119. Securing critical infrastructure through laws – Indian approach
120. Software licensing practices- A study
121. Software piracy and legal remedies
122. Software piracy and legal remedies
123. System of Adjudication of cyber civil wrongs
124. Telemedicine and law
125. The threat of “cyber-crime” and legal response
126. Threat of child bullying and legal remedies
127. Threat of Corporate espionage and legal remedies
128. Understanding cyber forensics and some of its tools.
129. Understanding mobile forensics and some of its tools.
130. Using cyber technology to detect crimes
131. Using cyber technology to prevent crimes
132. Virus attack – means and methods of technical and legal regulation
133. Web jacking and law
134. Securing Deep web – challenges and concerns
181
Suggested Books
1. Bajpai, G S, Cybercrime and cyber law, New Delhi, Serial Publications,
2011.
2. Bowrey, Kathy, Law and Internet cultures Cambridge, Cambridge
University Press, 2005.
3. Brousseau, Eric Ed., Governance, regulations and powers on the
internet, Cambridge, Cambridge University Press, 2012.
4. Chaubey, Manish Kumar, Cybercrimes and legal measures, Delhi:
Regal Publications, 2013.
5. Curtis, George, The law of cybercrimes and their investigations,
London: CRC Press, 2012.
Suggested Articles
1. Chinchure, Anant D, “Technology driven cyber(computer) crimes and
challenges before law enforcement agencies”, Karnataka Law Journal,
2010, 1st Nov, Vol. 06, No. 21, Page. 1 – 9.
2. Das, Bharat B “Cybercrimes in India”, Criminal Law Journal, 2011,
March, Vol. 01, No. 03, Page. 65 – 77.
3. Gopinath, Amita, “Evidentiary issues in cybercrime”, Apex Court
Expressions, 2004, 7th Sept, Vol. No. 05, No. 03, Page. 19 – 34.
4. Kumar, Praveen, “The Emerging Issue of Cyber Strategy in Foreign
Policy Making: India and The World”, World Focus, 2013, December,
Vol. 34, No. 12, Page. 114 – 120.
5. Sharma, Anupam, “Globalisation and its impact on cybercrime : A case
study of Indian Police Administration”, Indian Journal of Public
Administration, 2010, April-June, Vol. 56, No. 02, Page. 217 – 232.
182
12
GUIDELINES FOR USING THE STUDY

MATERIALS
Guidelines for Using the Study Materials

Given below is some useful information on the organization of the reading
materials, some tips on the learning styles, and sources of additional material
for study, instructions on problem analysis and project exercises and pattern of
examination proposed under M.B.L. programme. Please note that they are not
the exact regulations of the University but a summary of approaches and
procedures recommended for the students. The University reserves the right
to modify the regulations and it is for the candidates to seek and be informed
of the norms and procedures laid down from time to time.
• MATERIALS PROVIDED AND RECOMMENDED
Keeping with the traditions for academic excellence, the NLSIU have
commissioned a large number of experts from various parts of the country to
write lessons from both conceptual and practical perspectives on different
topics and sub-topics identified in the various subjects of the course. In other
words, what the student receive as study materials are the collapsed and edited
contributions of a number of experts writing on the same topic. Taking into
account of the fact that a large number of candidates enrolled for the course
are not law graduates; the MBL Board has simplified the presentation keeping
in view the need to convey essential, accurate information supported by latest
statutory and decisional law. However, the law is always growing whenever
statutes are amended and new judicial decisions are rendered in disputes
arising under them.
As such, the law, particularly economic laws, can never be definite or static like
183
mathematics. In practice, law is made by facts which are never the same in two
situations. Hence the need for constant updating of legal knowledge and to
take the concepts, principles and interpretations with some reservations and
qualifications.
Special care has been taken to comprehend as much information as possible in
each topic and to provide it in an analytical style. Problem solving is the
function of law and capacity to respond to new situations with the available law
is the hallmark of legal engineering or successful lawyering. Students are,
therefore, encouraged not only to solve the problems given but to gather more
problems and send them with their attempted solutions to the University to
enrich and maximise the learning experiences of all.
The materials suggest supplementary readings in each topic and it is necessary
for effective learning to study them as well. Membership in good local libraries
would help the student to access these materials without having to buy them at
great expense. Preparing notes of additional materials studied is a good habit
which will help in professional work in the long run besides giving advantage in
the examinations. Materials found exceptionally good in additional reading list
may perhaps be photocopied and kept with the materials sent by the
University. This way the basic minimum materials sent by the University can be
developed profitably for good acquaintance of business laws.
• HOW TO READ THE MATERIALS?
Each person has his/her own method of study and it can be followed subject
to the special approaches recommended for the study of law. Unlike other
subjects, the basic materials in the study of law are two, namely, statutes and
judgements (cases). Statutes include rules, regulations and ordinances. In any
given branch of law there is a profuse supply of statutory material and a
constant flow of decisional law (case law). Law teachers have developed special
methods for effective study of these materials. Thus, case method or case
analysis involves articulation of facts by breaking down the position of
opposing litigants and appreciating the evidence adduced by them, framing of
the issues requiring decision, application of legal principles bearing on the
184
12 : Guidelines for Using the Study Materials
subject and formulating a reasoned decision on the issues identified. In

applying statutory provisions, interpretative logic comes into play and in
appraising precedents in decisional law, skills of analysis and synthesis are
pressed into service. Though for students of MBL who are not professional
lawyers such rigorous case method of law study may not be absolutely
necessary, yet in attempting such method, knowledge of law can be
considerably improved.
A slight variation of the case method is the problem method. Problems are
hypothetical cases involving contested questions of facts and law. There can be
more than one answer to legal problems as it happens in actual life. It depends
on logic and reasoning based on principles and precedents. That is why in the
same case two or more opinions are rendered by the trial court and the
appellate courts. Problem-solving method sharpens your capacity for analysis
and argumentation which is the business of lawyering. It also helps immensely
in business planning and advice according to the requirements of the law.
185
DISSERTATION WRITING
NOTE:
A list of suggested topics for dissertation can be found in the hand
book sent to you along with the study materials. The students could
either improvise on the given topics or formulate a new topic of their own. In
such case, the students are required to inform the department for validity of
the topic before undertaking any substantive research work.* If the student
is selecting any one of the topics provided in the hand book, then the student
You need to submit one copy of the dissertation in spiral bound form.
Dissertation should be enclosed along with filled in examination
application form within the dates notified in the examination
schedule.
In any case if the student is not able to submit the dissertation for the said
examination, it can be submitted any time during the course of study (which
is 1+2)*, for any of the subsequent examination. As and when the candidate
clears all the five papers, the degree of diploma will be awarded.
• P.G. Diplomas : Post Graduate Diploma is 1 year course. Every
candidate admitted to the course shall pay the prescribed fees at the time
of admission. If a candidate is required to continue the course beyond
one academic year because of his/her non-fulfilment of the prescribed
requirements for the award of the degree, he/she will be permitted to
continue for the subsequent two academic years by paying a
continuation fee as prescribed for each year (Prevailing fee Rs. 2,500/-).
• After a Period of three years if the candidate is not still able to clear the
course s/he may be given an extension of another 2 years by paying Rs.
5,000/- per year for the subsequent two years as extension fee provided,
s/he should have cleared 50% of the papers (out of the total number of
theory papers prescribed)
Ÿ At the end of the fifth academic year if the candidate fails to fulfil all the
automatically cancelled. ( Do we need to mention it)
NOTE : Students will have to seek approval of a New Topic other than
those mentioned in the Handbook within three months prior
to the date of the Examination.
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13
A BRIEF GUIDE TO LEGAL RESEARCH
Guidelines for Dissertation

- The original work of the student :
- Clearly typed, with preferably 1 1/2 space, on one side only on a A4 size
paper, spiral bound and
- In accordance with the format suggested as follows.
Viva : Students are expected to take an oral exam, viva voce, which will be
based on the Dissertation they submit. The viva voce carries 20 marks.
The conduct of the viva voce would be along with the annual /
supplementary examination
Kindly Note : If a Student fails to clear the dissertation, the student will be
permitted to either improvise on the same topic or change the topic in the
respective subject and submit/resubmit the dissertation and needs to
appear for the viva again.
SUMMARY OF THE SCHEME OF EVALUATION
At the end of the academic year, each candidate will have to fulfil the
examination requirements as specified below:
• A Dissertation of 80 -100 pgs which carries 80 marks;
• Viva voce based on the Dissertation, which carries 20 marks;
• An examination in each paper, which carries 100 marks;
A Brief Guide to Legal Research and Project Assignment Writing

Skill of writing is an important weapon in the armoury of an intelligent lawyer.
Skillful writing involves primarily three stages. First, precise identification of
187
relevant literature/data and procuring it. Second, a careful scrutiny and

analysis of the literature/data and taking of elaborate notes, which should help
the researcher to search and retrieve relevant information efficiently. And
third, writing of the project assignment/research paper. Writing of the project
assignment/research paper in turn involves two types of skills. First, ability to
analyse the issues in question, classify the arguments in coherent fashion and
articulate them in an intelligible way and, second, knowledge of
academic/scholarly conventions to be adhered to in writing a research work.
Some level of adherence to such conventions is very important because
language/writing, after all, is a collection of ‘symbols’, wherein each ‘Symbol’
intends to convey specific meaning to the reader. These academic conventions
emerged over a period of time and we will see them a little while later.
• IDENTIFICATION OF LITERATURE / DATA
Identification of literature/data is, as mentioned above, the first step in
research, but also the step which determines the end quality of your work. If
you fail to identify most important sources of information, then the quality of
your work is likely to be poor or moderate and you are bound to lose marks! By
looking at the list of references you have cited (i.e., books, articles, cases,
statutes etc.) for your project assignment/research paper, the teacher
concerned may be able to gauge the quality of information that you could
review for your work.
There are various tools available for preparing an intelligent list of readings.
Some of them are manual tools - generally in print form, and some others are
electronic. Most commonly available tools are known as BIBLIOGRAPHIES.
Bibliographies are available in various forms. Most common are the
INDEXES prepared by commercial publishers periodically. For instance, NLS
subscribes to Index to Indian Periodical Literature and Asian Bibliographers. Both of
them catalogue references on all branches of Social Sciences. In addition NLS
library also has certain back volumes of Index to Indian Legal Periodical
Literature.
NLSIU LIBRARY
The library is the ‘heart’ of any academic institution and plays an important
role in all academic activities and more so in law institutions. Keeping in view
188
13 : A Brief Guide to Legal Research
the aims and objectives of the Law School, the library has been planned and is
being developed by a team of qualified professional library staff and guided by
the Library Council. It has a collection of over 60,000 volumes covering a wide
range of general and special subjects consisting of text books, reference
books, back volumes of journals and reports etc., apart from legal periodicals.
The library has adopted an open access system so as to facilitate readers to have
easy access to the library resources. An orientation programme for new
students is also organized to help them acquaint themselves with the library
system and services for maximum utilization of the available resources.
The library has introduced computerized facilities for both housekeeping as
well as information retrieval. Since we have now a broad band width leased line
connection to the internet it is possible to have easy access to information
directly from all available computerized data bases all over the world, not only
in the field of law but also in other disciplines. Keeping in mind the vision to
create an E-law School, the University subscribes to many international online
databases.
The library has been shifted to the new building and the same was inaugurated
by Justice R C Lahoti, the Then Chief Justice of India on 27th August 2005.
This ambitious dream of the law school from the inception has come true. The
building has all the modern state-of-the-art gadgets with wi-fi internet
connection and highly modernized Audio-Visual equipments with
teleconferencing facility. Special arrangements have also been made for the
physically handicapped persons to access the library. This is a multi (three)
stored Building with ample space of 30,000 sq ft. built-up area for storage of
books and reading purposes.
National Law School of India (NLSIU) Library has always been striving hard
to meet the expectations of its users. The qualified professionals run the
library assisted by other support staff.
The Distance Education Students are allowed to use the library between
9.30 am to 8.30 pm (from Monday to Saturday). Sunday they are allowed
to use the library between 10 am to 4 pm. Distance Education Students
are not allowed to borrow any books from the library.
189
Legal Research
An Overview
The purpose of legal research is to find “authority” that will aid in finding a
solution to a legal problem. Primary authorities are the rules of law that are
binding upon the courts, government, and individuals. Examples are
legislations, bills, court orders, and court decisions. They are generated by
legislatures, courts, and administrative agencies. Secondary authorities are
commentaries on the law that do not have binding effect but aid in explaining
what the law is or should be. The resources available to find legal authority are
vast and complicated.
Finding tools enable a researcher to find and interpret legal authority. Initially,
many researchers turn to tools that provide summaries of a particular area of
the law. Some examples are legal encyclopedias, treatises, and the Indian Law
Reports (ILR). Law reviews and legal periodical articles provide interpretation
of the law as well as detailed articles on particular legal topics. These
interpretations may be found through indexes such as the Index to Legal
Periodicals. Restatements provide detailed summaries of what the law
generally is or what the restatement writers believe the law should be. The
citations to other authorities and annotations provided in legal encyclopedias,
treatises, Indian Law Reports, law reviews, and legal periodicals are an
important element of their value in the research process.
There are also a number of specialized finding tools that enable one to search
for relevant materials in primary authorities. The index volumes for legislations
and regulations compilations provide a quick guide to relevant rules and
regulations. There is also privately published version of legislations which
gives explanation. Case reporters contain the decisions in cases that have been
deemed important enough to publish. Case digests enable a researcher to look
up a particular area of the law and find a list of case decisions that are
“reported” in relevant case reporters. If one has the common name of a law
(e.g., The Indian Contract Act), a popular name table can provide a quick
reference to where the law can be found in the legislation compilation. There
are also conversion tables that allow one to link legislation to the bill from
which it developed and the commentary surrounding its approval.
190
NLSIU Library has effectively used the ICT for providing services to its user
community. Library concentrates more on the digital or electronic information
due to ease of distribution, accessibility and usability. In this line library
subscribes to major database in the area of Law and allied subjects.
As per the recommendation by the Bar Council of India and UGC, NLSIU
Library subscribed to the database under different source of information -
1) Journals / periodicals database – to provide access to online journals in
the areas of Law and allied subjects both national and international.
2) Case law database – to provide access to the High court and Supreme
Court in India and abroad.
3) EBooks database - Apart from the above said core online database
services NLSIU also provides access to E-books.
Legal Research on the Web
Computer databanks have provided the legal profession with quick and
efficient tools to do research. Manupatra, Supreme Court Cases online and
WestlawIndia are some of the Indian search engines provide databases that
have case reporters and legislations. LEXIS ACADEMIC, WESTLAW and
HEINONLINE, are prominent International legal search engines, which
provides case reporters and statutes, legal periodicals, law reviews and various
secondary authorities.
All the above said databases are paid databases and IP based access. To use
these databases the user should be on NLSIU campus. DED students are
allowed to carry their laptops and tablets. The computer department persons
will help the users to connect to the WI-IF. The library staff will help users to
access to above said databases. DED students can also request cases and
articles (which are available in softcopies) by sending email to library
@nls.ac.in.
General Legal Research Sites
There are many free legal research sites on the Internet. The sites described
below are generally considered to be some of the best for legal research. Nearly
all of these sources are free, but a few require an individual subscription or
affiliation with NLSIU.
191
Indian Websites:
Lawkhoj.com is a legal search engine which provides search engines
customized for Indian legal research, and legal research for other jurisdictions
like US, UK etc. It does so by searching through certain relevant websites and
throws up results which will be helpful for law researchers, students, advocates
etc.
Legalsutra.org : “Legalsutra is a free knowledge and document repository &
legal research tool provider for law students in India. Law school projects,
moot court memorials, class notes, case summaries: Easily searchable and
accessible! You can add your own material as well! A common platform for
Law Students to Collaborate, Post, Share, Comment, Rate! It’s a non-profit/
non-commercial student run initiative & is free to use (forever!)”
Vakilno.1.com: Offering legal information, documents and opinions to
residents of India. Latest Legal News,Bare Acts India, Free Tips for Lawyers
and Law Firms, etc.
Foreign websites:
Findlaw: Provides links to online legal resources arranged topically and by
user. Includes state and federal primary legal material, as well as legal material
from other countries. Also provides forms available for purchase.
Justia: Provides free access to a variety of legal information.
Legal Information Institute: Cornell Law’s extensive collection of legal
material including Supreme Court decisions, U.S. Code, U.S. Constitution,
Federal Rules of Evidence and Civil Procedure. The “Law About” pages
group links to primary legal resources based upon topic.
Government Information
The Internet remains an important source for legal information from central,
state and local governments. Below are some of the important sites for Central
Government information as well as a few starting points for locating state law
information.
192
The Judgments Information system:<http://judis.nic.in/>

The Judgments Information system consists of the Judgments of the Supreme
court of India and several High Courts. In the case of the Supreme Court all
reported Judgments which are published in SCR Journal, since its inception i.e.
1950 till date are available. The Judgments reported in SCR till 1993 also have
head-notes. The judgments reported in SCR in 1994 and later have only text of
judgments with out head-notes.
India Code:< http://indiacode.nic.in/>
India Code the India Code Information System contains all Central Acts of
Parliament right from 1836 onwards. Each Act includes: Short Title,
Enactment Date, Sections, Schedule and also Foot notes.
PRS Legislative Research:< http://www.prsindia.org/>
PRS tracks the functioning of the Indian Parliament and works with MPs from
the Lok Sabha and Rajya Sabha across political parties and MLAs from various
states. PRS provides a comprehensive and credible resource base to access
Parliament-specific data, background information on Parliamentary and
governance processes and analysis of key legislative and policy issues. PRS was
founded in 2005 as an independent research initiative. One can Downloads.
Bills Passed • Bills Pending in Parliament • Draft Bills • Recent Acts • Recent
Ordinances etc.
Legal Information Institute of India (LIIofIndia): <www.liiofindia.
org>
The Legal Information Institute of India (LII of India) is an international
standard, free-access and non-profit, comprehensive online collection of
Indian legal information. The prototype is open for public use on 25
November 2010. It will be formally launched in India in February/March
2011.
World Legal Information Institute (WorldLII):<http://www.
worldlii.org/>
World LII is independent and non-profit public access to worldwide law by the
Free Access to Law movement.
193
SCRUTINY AND ANALYSIS OF LITERATURE/DATA

Once a reasonably comprehensive list of readings is prepared, the researcher
enters into the second stage, viz., scrutiny and analysis. Scrutiny includes
careful reading of literature/data and scribbling detailed ‘notes’, which the
researcher feels important for writing the project assignment/research paper.
Taking such ‘notes’ and organising them is an important technique that every
researcher must acquire. Taking ‘notes’ is indeed a tedious process. It demands
patience and aptitude. However, it is a powerful tool that facilitates
classification of thoughts and coherence in weaving arguments while writing
project assignment/research paper.
In the beginning a clear dilemma for every student will be how to decide what is
most important in the literature/data. Particularly if the student had no
exposure to writing essays, she/he may feel that a large part of literature/data
is important for writing the assignment. There nothing to worry. Because such
feeling is very natural for any one who is trying to write seriously first time. In
fact, even after sufficient exposure also such dilemmas may continue, for there
are no clear-cut rules to apply while taking notes. Only experience and the
student’s capacity to focus on her/his research problem (ie., what the student
intends to contribute in the project) will make the notes more relevant.
If taking notes is tedious, organising them is more so! Even now there are very
few sophisticated tools available for organising notes. The standard way of
manually organising notes is on a ‘notecard’. Notecards are easily available in
any stationery shop in various sizes (e.g., 3.5 x 5 / 4 x 6 / 5 x 8). The notecard
should at least contain information related to the subject of the card (e.g.,
Human Rights), the Sub-subject, if applicable (e.g., right to self-
determination), source (ic., book, article, case etc.), authors/editors of the
source, media, if applicable (e.g., CD- ROM), location of the source (i.e.,
where is it available) and the note text. An illustration could be as follows:
194
Sub: HUMAN RIGHTS Sub-Sub: Right to Self-Determination

Marti Koskenniemi, “National Self-Determination Today: Problems of Legal Theory and
Practice”
43 ICLQ 241, (1994).
Location: SRC, NLS
“The discourse of national self-determination contains little that is self-evident or on which
everyone can agree. Disagreements reflect political priorities and partisan positions .... The
extraordinary difficulties into which an attempt at a consistent application of the principle
stems from the paradox that it both supports and challenges statehood and that it is
impossible to establish a general preference between its patriotic and secessionist senses.”
(emphasis added) (248-49)
Imagine a large cluster of cards like the above! Organising them will not be
easy. The general practice is to arrange them in the order of Subject, Sub-
Subject, alphabetical order of the author’s names. You may keep separate
boxes for separate subjects and follow the order to make it more useful.
Once such organisation is done, you may take each cluster of cards that you
feel are relevant for your work and REARRANGE them in a fashion that you
can DEVELOP your arguments. The ideal arrangement is one whose
sequential reading can give the sequence of arguments for your work.
So far there are very few computer programmes available for organising
references and notes. SQUAERNOTES is a DOS based software that allows
you to create and organise academic notes.
It is a shareware and is available on the net. Similarly ScholarsAid is a Windows
based software that facilitates the organisation of notes and references.
ScholarsAid Notes is for organising notes and ScholarsAid Library for
organising the references. The Beta version is available on the net for trial.
Note: There is a free version of Scholar’sAid Light is available on the Web.
However, it facilitates only two modes of citation, viz., Chicago and APA.
Hence would not be of use to students at NLS.
4. WRITING PROJECT ASSIGNMENT/RESEARCH PAPER
There is no specific format for writing any research paper or project
assignment. However, certain basic requirements that need have to be
195
followed in writing project assignments at NLS.

There must be a COVER PAGE. It must contain the title of the project,
Course name, details of the student and National Law School of India
University name. The following is an illustration:
CASTE AND INEQUALITY IN INDIA
Project Assignment
Sociology 1
Submitted by
Name of the Student
ID No.xxxxxxxxxxxxxx
Year of Study
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BENGALURU
2. The cover page must be followed by a CONTENTS page. The Contents
of the project assignment must be provided in as many details as possible.
TABLE OF CONTENTS
Abbreviations 1
I. Preemptory Norms in International Law 2
II. Relative Normativity in Human Rights Law 4
III. Self-Determination in International law 5
a. The Legal Basis of the `Right’ of Self - Determination 6
b. Some Soft Law Sources 8
Declaration of Colonial Countries and people 10
Declaration of Friendly Relations 12
c. Self-Determination and Jus Cogens 14
Juristic Opinion 18
Pronouncements of States 21
IV. Future of Self-Determination and International Law 25
References 27
3. If you have cited some case law (Indian or other jurisdictions) in your
project work, you should provide a detailed TABLE OF CASES on the
next page.
196
4. If you have cited some statutes (Indian or other jurisdictions) in your

project work, you should provide a detailed TABLE OF STATUTES on
the next page.
5. The body part of the project work, which will follow the above pages,
should ordinarily consist of various SECTIONS. Though it is impossible
to provide a general scheme for the body part of the project, the following
GUIDELINES may be useful.
ABBREVIATIONS
AJIL - American Journal of International Law
CILJ - Cornell International Law Journal
EJIL - European Journal of International Law
GYBIL - German Yearbook of International Law
HILJ - Harvard International Law Journal
HRC - United Nations Human Rights Committee
HRLJ - Human Rights Law Journal
HRQ - Human Rights Quarterly
ICJ - International Court of Justice
ICLQ - International and Comparative Law Quarterly
ILC - International Law Commission
LJIL - Leiden Journal of International Law
EDLR - Notre Dame Law Review
SJIL - Stanford Journal of International Law
UNTS - United Nations Treaty Series
VJIL - Virjinia Journal of International Law
5.1. It should have an INTRODUCTION. Generally Introduction is a place
where the author presents the basic issues in her project and unfolds her
RESEARCH PROBLEM, which she intends to analyse. GENERALLY
AVOID WRITING OF LONG DESCRIPTIONS OF HISTORY etc.
5.2. A special section on METHODOLOGY has become CUSTOMARY in
writing project assignments at NLS. A MORE STANDARD practice is to
197
provide the same details under a special sub-heading in the

INTRODUCTION itself. METHODOLOGY should at least contain
the following:
5.2.1 General method of analysis (e.g., empirical, descriptive, analytical
etc.)
5.2.2 Sources of data (e.g., interviews, secondary materials etc.)
5.2.3. Scope and limits of the analysis
5.2.4 Clarification of specific concepts/words used in the project with
specific meaning different from the usual meaning, if applicable.
5.3 Always classify your analysis into as many sub-themes as possible.
Arrange the body part with a chain of SECTIONS and each section being
divided into various SUB-HEADINGS. NEVER LEAVE YOUR
BODY PART WITHOUT SECTION HEADINGS (e.g., giving titles
like Chapter 1, Chapter 2 etc.). Such practice definitely indicates two
things. First, the researcher could not comprehend the basic issues in the
given project topic, and, second, it is likely that the work is incoherent. So
try to divide each SECTION into as many sub-headings as possible. This
will not only help you to have greater control over the coherence, but also
help the reader to grasp quickly what you intend to argue.
As indicated above, a basic convention in academic writing is
acknowledging the source of information/idea. This is done through
providing Footnote/Endnote. Though there is no clear cut rule (and
hence you may follow the practice of Footnotes or Endnotes), it is
strongly suggested that students may follow the Footnote method. This
will facilitate the teacher to have instantaneous look at the sources a
student cites in project work, without losing the momentum of reading.
AVOID PLAGIARISM, WHICH IS THE WORST FORM OF
ACADEMIC DISHONESTY. The students are expected to provide
footnotes at least in the following contexts.
Verbatim reproduction of certain portions from a data source. They are
known as QUOTATIONS. All quotations must be within the inverted
commas (“ ”) and at the end a Footnote.
Borrowing of ideas from a source of data/author.
198
When the author gives an argument, and if the author knows that there
are others who believe in the same argument, or there are others who tend
to argue something different, it is expected that she/he provides a
Footnote with details of citations.
7. Though there is again no clear cut rule, there should be a
CONCLUSION. Conclusion may contain either the summary of
arguments that the author extended in the body part or a linking of the
basic issues raised in the INTRODUCTION and how they are dealt in the
body part.
8. There MUST be a BIBLIOGRAPHY at the end. A Bibliography is a list
of readings, ordinarily those which were used in writing the project
assignment. However, there is no restriction as such to provide readings
that were not used in writing the project. The Bibliography may be
arranged with clear classification of various types of materials used in
writing the project (e.g., primary, secondary or documents and reports,
books, articles, news papers etc.). There is nothing wrong if classification
is not attempted at, but the references must be arranged in
ALPHABETICAL ORDER, and chronological order, if there are more
titles of the same author. An illustrative Bibliography is provided in the
Annexure 1.
II
ILLUSTRATIONS OF MOST COMMON CITATION FORMS
• BOOK BY ONE AUTHOR
Author Title of book Citing Page No. Place of Publisher Year of
Publication Publication
F. G. Jacobs, The European Convention of Human Rights 45 (Oxford: Clarendon Press, 1975).
• BOOK BY MORE THAN ONE AUTHOR

(i) D. J. Harris, M. O’Boyle, and C. Warbrick, Law of the Europea Convention Human
Rights 50-55 (London: Butterworths, 1995).
199
(ii) D. J. Harris et al., Law of the European Convention Human Rights (London:
Butterworths, 1995).
Ÿ EDITORS AND TRANSLATORS OF A BOOK

(i) When a classic work is edited, and it is published by a different publisher than the
original publisher.
(ii) When a classic work is edited, and it is published by the original publisher as a
different edition. Jonathan Swift, Gulliver’s Travels (Paul Turner ed., 10th ed.
Oxford: OUP) 1986).
Edition No.
(iii) When edited a book with a collection of articles

The European System for theProtection of Human Rights (R. J. Macdonald et al. eds.,
Dordrecht: Nijhoff, 1993).
(iv) When there is a different editor and a translator
Editor Translator
Walter Benjamin, Illuminations (Hannah Arendt ed. & Harry Zones trans.,
London: Penguin, 1969) (1955).
Ÿ ENCYCLOPAEDIAS
Authors Volume No. Name of the Encyclopedia
Frederick Pollock & Frederic W. Maitland, 2 The History of theEnglish Law

(London: Sweet & Maxwell, 1895).
200
“Law”, 22 Encyclopaedia of Britanica (15th ed., New York: Britanica Corp.,

1991).
Article Name Volume No. Section No. Year of Publication Name of the Encyclopaedia
“Constitutional Law”, 16 (§ 101) Corpus Juris Secundum (1984).

• PERIODICAL MATERIALS
(i) Journals with Consecutive Pagination
(ii) Journals with non-consecutive Pagination

Bhiku Parekh, “Misconceived Discourse on Political Obligation”, 35
(4) Political Studies (1993), at 15.
Citing Page No.
• BOOK REVIEW
(i) Robin West, “Relativism, Objectivity and Law”, 99 (3) Yale Law Journal 1473
(1990) (reviewing Barbara H. Smith, Contingencies of Value (Oxford: OUP)
1988)).
(ii) Robin West, “Relativism, Objectivity and Law” 3, 99(3) Yale Law Journal 1473
(1990) (Book review).
• NEWS MAGAZINES AND PAPERS

Praful Bidwai, “Seeking a Paradigm Shift”, Frontline, April 24, 1998, at 17.
Padma Seth, “Women Still Waiting”, The Times of India, July 27, 1998 at
10.
B. Krishna, “Gandhi: Triumphs and Failures”, The Hindu, July 26, 1996
(Magazine), at IV.
201
• FORTHCOMING PUBLICATIONS
Rebecca West, “Consent and Democracy”, 107(2) Yale Law Journal
(forthcoming 1991).
Upendra Baxi, “From Human Rights to Right to be Human”, in Human Rights
and Wrongs (Bhiku Parekh & Upendra Baxi eds., forthcoming 1991).
• UNPUBLISHED MATERIALS
(i) Manuscripts
Rebecca J. Simmons, Philosophy and Narrative Form (Oct. 15, 1990)
(unpublished manuscript, on file with the Columbia Law Review).
(ii) Dissertations and Theses
Rebecca J. Simmons, Philosophy and Narrative Form (1990)
(unpublished Ph.D. dissertation, Cambridge University).
• CITING A CROSS-REFERENCE
Walter Benjamin, Illuminations (Hannah Arendt ed. & Harry Zones
trans., London: Penguin, 1969), as cited in Bhiku Parekh, “Misconceived
Discourse on Political Obligation”, 35(4) Political Studies (1993), at 15.
• UNITED NATIONS MATERIALS
(i) Resolutions UN organ which passed the Resolution
Resolution No.
Declaration on the Use of Scientific and Technological Progress in the

Interests of Peace and the benefit of Mankind, G.A. Res. 3384, U . N .
GAOR 30th Session, 10 November 1975, Supp. No. 34 (A/10034) at 86,
U.N. U.N. Doc. A/2890 (1975)
Page No Assembly Year SupplementNo.
Records
Date of Resolution
Document No.
202
(ii) Declarations of International Conferences The Vienna Programme of Action,

U.N. Doc.A/CONF.157/ 23,12 July 1993.
(iii) Studies published by UN
The Balance which should be Established between Scientific and Technological Progress and the
Intellectual, Spiritual, Cultural and Moral Advancement of Humanity, U.N. Doc.
E/CN.4/ 1199 and Add. 1 (1976).
• ELECTRONIC PUBLICATIONS
• CD-ROMs
“Law”, Encyclopaedia of Britanica (CD-ROM) (New York: Britanica Corp.,
1991).
• FILMS AND BROADCASTS
“L A. Law: Justice Swerved” (NBC television broadcast, Mar. 29, 1990).
• INTERNET
BOOKS
Author Title of the Book
Third World Network, Biosafety, Patents and Biopiracy, http://www.

twnside.org.sg/south/twn/title/braz-cn.htm (June 15, 1999).
URL Address Date of Visit

• ARTICLES
Gonnan Marth, “Environmental Hazards: Marine Pollution” http://
www.cac.psu.edu/jbe/twocont.html (June 21,1999).
• SHORT-CUTS
D. J. Harris et al., Law of the European Convention on Human Rights (London:
Butterworths, 1995).
203
H.L.A. Hart, The Concept of Law 10 (Oxford: OUP, 1969). “Seeking a

Paradigm Shift”,
Frontline, April 24. Praful Bidwai, 1998 at 17.
Id.
Ibid at 15.
Supra note 2, at 25-26.
Frederick Pollock & Frederic W. Maitland, 2 The History of the English Law
109 (London: Sweet & Maxwell, 1895).
Ibid 1 at 25.
Supra note 3, at 12.
• ILLUSTRATION 2 (USING SHORT-CUTS TO CITE
MULTIPLE REFERENCES)
1. D. J. Harris et al., Law of the European Convention on Human Rights
(London: Butterworths, 1995); H.L.A. Hart, The Concept of Law 10
(Oxford: OUP, 1969); Praful Bidwai, “Seeking a Paradigm Shift”,
Frontline, April 24, 1998, at 17; Frederick Pollock & Frederic W.
Maitland, 2 The History of the English Law 109 (London: Sweet &
Maxwell, 1895).
…
…
…
…
6. Harris, Supra note 1 at 55-60; Pollock & Maitland, ibid at 110.
ANNEXURE I BIBLIOGRAPHY / REFERENCES
C.Morrison, “Margin of Appreciation in European Human Rights Law”,
5(2) Human Rights Journal 263 (1973).
D.J. Harris, M. O’Boyle, and C. Warbrick, Law of the European
204
Convention on Human Rights (London: Butterworths, 1995).

F. G. Jacobs, The European Convention of Human Rights (Oxford: Clarendon
Press, 1975).
F. Ost, The Original Canons of Interpretation of the European Court of
Human Rights”, in The European Convention for the Protection of Human Rights
(M. Delmas-Marty ed., Dordrecht: Nijhoff, 1991).
F. Matscher, “Methods of Interpretation of the Convention”, in The
European System for the Protection of human Rights (R. J. Macdonald et al. eds.,
Dordrecht: Nijhoff, 1993).
H. Golsong, “Interpreting the European Convention on Human Rights
Beyond the Confines of the Vienna Convention on the Law of
Treaties?”, in The European System for the Protection of Human Rights (R.J.
Macdonald et al. eds., Dordrecht: Nijhoff, 1993).
G. Merrills, The Development of International Law by the European Court of Human
Rights, (2nd ed. Manchester: Manchester University Press, 1993).
J. Kelly, “The European Court of Human Rights and States Parties:
International Control of Restrictions and limitations”, in Protection of
Human Rights in Europe: Limits and Effects (I. Maier ed., Heidelberg: C.F.
Muller Jurister Verlag, 1982).
P. Mahoney, “Judicial Activism and Judicial Self-Restraint in the European
Court of Human Rights: Two Sides of the Same Coin”, 11(1) Human
Rights LawJournal 57 (1990).
The European System for the Protection of Human Rights (R. J. Macdonald et al.
eds., Dordrecht: Nijhoff, 1993).
T. O’Donnell, “The Margin of Appreciation Doctrine: Standards in the
Jurisprudence of the European Court of Human Rights”, 4(3) Human
Rights Quarterly 474 (1982).
V. Berger, Case Law of the European Court of Human Rights, 3 (Dublin:
Round Hall Press, 1995).
205
MODES OF CITING STANDARD REPORTERS AVAILABLE IN

THE NLSIU LIBRARY
NOTE: The modes of citation enumerated below are as recommended by the
particular reporter in question. Ordinarily, the mode provided by the reporter
itself is the best way of citing it. In case of any conflict between the mode
mentioned here and the mode provided by the particular reporter, the latter
will have preference. SI.No.
1. Accident Claims Journal 1999 ACJ__( )1
2. All England Law Reporters (1999) 2 All ER
3. All India Report AIR 1976__ ( )2
4. Company Cases [1999)97Com.Cas._( )
5. Consumer Claims Journal 1998 CCJ_( )
1. The page number where the cited case begins will replace the symbol `_’
Inside the bracket, `()’, the abbreviation of the forum which decided the
particular case is to be entered. For example, (SC) for Supreme Court,
(Mad.) For the High Court of Madras etc.
2. The first `_’will be replaced by the abbreviated form of the forum which
decided the case, for eg., SC for Supreme Court, Kant, for and Haryana,
etc. the second `_’ will be substituted by the page number where the cited
decision begins.
3. Criminal Law Journal 1995 Cri.L.J
4. Consumer Protection JudgementsII (1992) CPJ_( )
5. Current Tamilnadu cases 1999(II) CTC__
6. Current Tax Reporter (1999)154 ICTR( )
7. Divorce and Matrimonial Cases I(1999)DMC__
8. Income Tax Reports (1997)225I.T.R__( )
9. Industrial Property Law Reporter IPLR 1999 ARIL __
10. International Legal Material 38 I.L.M 1 (1999)__
11. Judgement Today JT 1999(3)SC__
206
12. Labour and Industrial Cases 1999 Lab I.C__( )

13. Labour Law Journal 1999-I-LLJ ‘__’
14. Labour Law Reporter 1999 LLR __
15. Madras Law Journal (1999) II MLJ __
16. Scale (1999) SCALE __
17. SEBI and Corporate Law (1999)20 SCL_( )
18. Supreme Court Cases (1999) 3 SCC __
19. SCC (Criminal) (1999) SCC (Cri.) __
20. Supreme Court Journal (1999) 1 S.C.J __
21. Taxman (1993)71Taxman __( )
22. The Law Reports of India (1999) 2 LRI __
23. Karnataka Services Law Journal1992 KSLJ __
24. American Law Reports __ ALR __3
25. Bangladesh Legal Decisions 1981 BLD (AD) __
26. United State Supreme Court Reports, Lawyers Edition __ Led.2d __3
27. The first ‘__’ will be replaced by the volumn number of the particular
report and the second ‘__’ will be substituted by the page where the cited
case begins.
207
208
14
MODEL ANSWERS
Ÿ INSTRUCTIONS FOR ANSWERING PROBLEMS:

While answering problems in any module, the student should thoroughly read
and ascertain important facts. Then - he/she should narrate brief facts of the
case; identify relevant issue/s in the problem; discuss the position of law as per
relevant statute/s and judicial decisions; apply the above position of law to the
facts and circumstances of the case/problem in hand; and finally give the
decision on the issue/s.
Besides the above, one should refer basic text (both Indian and English), cite
cases (if any), important Journals and Reports for ascertaining the law on
issues raised by you.
Answers in each subject should be neatly typed, computerised or handwritten
(neat and legible) and should be sent in a spiral bound format. It is advised to
keep a stand-by copy, for their preparation and reference.
• PROBLEM:
A, a wealthy minor of 15 years of age, lent Rs.1,00,000 to B, under a
promissory note. The money was repayable after 7 years with 15% interest.
When A attained the age of 23 years, he claimed the money from B, which B
refused. So A filed a suit against B for the recovery of Rs.1,00,000 and interest
of Rs.1,05,000. B contends that the agreement with A is void and therefore A is
not entitled to get back the money. Discuss the law involved.
209
FACTS IN THIS CASE ARE -

A, a minor enters into an agreement of lending with B. B has executed a
promissory note promising to repay the sum with interest at 15%, after 7 years.
A, after attaining majority, demands the lent amount with interest. B refuses to
repay. B’s contention is that an agreement with a minor is void. So A files a suit.
B refuses to return the money on the ground that the agreement is void.
ISSUES INVOLVED ARE -
Is the agreement entered into by a minor void absolutely ? Can there be any
restoration of property? Can a minor enforce an agreement ? Can a minor,
enforce it after attaining majority ? Who is legally entitled to the money ?
Law involved, Section 11 of Indian Contract Act declares minor’s agreement
as void; Section 65 permits restoration of property in case of void agreement.
Section 33 of Specific Relief Act, 1963, states that a minor should restore the
benefit.
DISCUSSION -
Minor’s agreement have been declared as void as per the decision in the case of
Mohanbibee v. Dharmadas Ghosh. So as per the law so stated the restoration
was not permitted. In that case minor was the recipient of the loan amount and
was to discharge a liability. This was not approved. But in the above case minor
is to receive the benefit of the contract, as he has lent it. If the decision of
Mohoribibee is to be meaningfully implemented, the very purpose of
protecting the minor under Section 11 (that is the object of this enactment)
will be defeated. So subsequent cases Sharafat Ali v. Noor Mohamad (1924 -
Rangoon Case), A.T.Raghavachariar v. Srinivasa (1917 - Madras Case),
Madhab Koeri v. Baikuntha Karmaker (1919 - Patna), have held that if a minor
is to receive benefit, but is under no obligation to perform, the agreement is
enforceable by him.
Based on these cases, I am of the opinion that A, who was a minor, at the time
of entering, can enforce the agreement. He can recover 1,00,000 + 1,05,000
from B. If not done so, instead of protecting the minor, (the purpose of the
210
14 : Model Answers
law laid down is clear), we will be penalising him.

Further, the law will not allow B to enrich himself at the cost of A. Retaining
Rs.2,05,000 of A (by B) will be unjust. So as per Section 65, the minor can get
back the money lent by him.
Hence A will succeed in his claim against B.
PROBLEM:
Briefly evaluate the health hazard of Noise pollution and the legal
response to regulate it ?
Answer:
The number of people dying in urban India due to deteriorating air quality is
rising every year and very little is being done to deal with pollution in Indian
cities. Pollution is a noun derived from transitive verb ‘pollute’, which
according to Random House Dictionary of English Language means: to foul
or to pollute the air. An important component of air pollution which is
assuming importance is the Pollution from Noise. Noise is an inescapable by
product of industrial environment, which is increasing very fast with the
advancement in industrialization. The Industries located in the residential
areas such as the printing press, agro based industries, automobiles repairing,
grinding mills etc are the main sources of community noise affecting public
continuously living in the vicinity.
In early days before the development of Environmental jurisprudence, the
Common law remedy of Nuisance was the only means of relief, and the
remedy was wholly based on the discretion of the Judge, as the Judge was not
guided by definition or by law. Nuisance need not be public nuisance and
interference with a person’s personal comfort is enough, though at least in
general, a private nuisance pre-supposes possession and control of land from
which nuisance proceeds. Whether noise constitutes a nuisance is a question
of degree. Yet where the noise is caused maliciously, same will be taken into
account. Noise pollution has, thus, two sources-industrial and non-industrial,
but movement against noise pollution, has not been effective, being that most
of the people in India do not consider noise as pollution but as part of routine
and modern life. In order to curb noise pollution, it is essential that people
211
realize the dangerous consequences of noise and take some remedial

measures.
Noise by definition is unwanted sound. What is pleasant to some ears may be
extremely unpleasant to others, depending on a number of psychological
factors.
Causes of noise pollution can also be divided into two categories viz. Natural
and man-made. Natural causes of noise pollution are air, noise, volcanoes,
seas, rivers, exchanging voices of living organs including man and mammals.
Some of the chief causes of man made noise pollution are machines and
modern equipment of various types, automobiles, trains, aero planes, use of
explosive, bursting of firecracker and other things leading to noise pollution.
Noise affects human life in many ways. It affects sleep, hearing,
communication and mental and physical health and makes life miserable. It
may even lead to madness of people. However, noise, which are melodious
whether natural or man-made, cannot always be considered as factors leading
to pollution.
Noise not only causes irritation or annoyance but it does also constrict the
arteries, and increases the flow of adrenaline and forces the heart to work
faster, thereby accelerating the rate of cardiac ailment, the reason being that
continuous noise causes an increase in the cholesterol level resulting in
permanent constriction of blood vessels, making one prone to heart attacks
and strokes. Health experts are of the opinion that, excessive noise can also
lead to neurosis and nervous breakdown. There has been a high incidence of
emotional disaster among people living near airports, as revealed by a study.
Measure of noise is known as decibel. Noise researchers have shown that
continuous noise level in excess of 90 decibels can cause loss of hearing and
irreversible changes in nervous system. WHO has fixed 45 decibels as the safe
noise level for a city, though the four metropolitan cities of Mumbai, New
Delhi, Kolkata and Chennai, usually registered more than 90 decibels, while
Mumbai is rated as the third noisiest city in the world.
Various laws address the issues of noise pollution, in part, as being specific to
certain activity. These Acts are:
1. Railways Act, 1989
212
14 : Model Answers
2. Motor Vehicle Act, 1988

3. The Air Crafts Act, 1934 and
4. Factories Act, 1948
The Indian Constitution under Art.19 grants fundamental right to every
citizen to freedom of speech and expression, with reasonable restriction of
decency, morality, security of State, defamation, incitement of offence etc. The
use of loudspeaker as a means of expression is regulated by reasonable
restriction so as to meet public order and safety.
The Judiciary on its part has come up with some interesting observation as to
the freedom of expression and right to religious practice, with that of
Pollution free environment. The Judiciary has made balance between the needs
of development and the health of citizens.
• THE NOISE REGULATION RULES 2000
In the area of water and air pollution there are two independent Acts, in India,
named as the Water Act, 1974 and Air Act, 1981. The Environmental
Protection Act, 1986 is the umbrella legislation to deal with every dynamic
issues in relation to environment. The EPA in Schedule III prescribes measure
of Noise pollution in a very crude form. Keeping in view the serious health
hazard due from noise, the Government thought it fit to enact a special law to
regulate and control noise pollution. The enactment of the Noise Regulation
Rules 2000 under Sec. 3 of Environmental Protection Act, 1986, is seen as a
comprehensive legislation to control the increase of the noise level in
Industrial, [75decibels] commercial [65 decibels] and residential zones [55
decibels]. The rules have prescribed different levels of noise in these areas, and
have constituted the DC of the district to be the regulatory authority for its
strict implementation. The rule mentions creation of silence zones to define
the 100 meters from school, courts, educational institutions and hospitals.
The rules also fix different ambient air quality levels for firecrackers and
industrial activities.
• THE RESPONSE OF THE JUDICIARY
The judiciary on its part has come up strongly in protecting citizens from the
213
increasing health hazard of Noise Pollution. A number of case law suggest

that the Court have insisted on the strict enforcement of the legal provisions.
[Bijananda Patra Case, Church’s of God case, Free Legal aid case, P. A Jacob,
and others]
• CONCLUSION:
Sustainable Development is the key concept in environmental protection. It is
important that stakeholders understand the concept so as to protect the future
generation from the increasing levels of pollution. Noise pollution is of recent
phenomena to environmental law jurisprudence. The Health hazards from
Noise pollution is well known and the legal response too is encouraging. There
is thus a need for adequate enforcement of the existing legal provisions.
Model Answer for 5 marks Question:
Question 1:
“A’ the owner of four thoroughbred horses employed two trainers to look after
them. Of these horses “Toofan” a 3 year old stallion was the pride of the
stable. Being in dire financial straits, A decided to sell “Toofan” and
accordingly informed his trainees to look out for prospective buyers. B
approached the first trainer and offered Rs. 1,50,000/- for “Toofan”. This
price was telegraphed to A on 1.4.94. On 12.4.94 A sent a reply that he won’t
accept less than Rs. 4,00,000/-, which was received on 15.4.94. On 17.4.94 B
telegraphed his acceptance of the price. Meanwhile on 12.4.94 the other
trainer sent another offer of Rs. 4,25,000/-, which reached A on 19.4.94. A had
already sent a letter of acceptance to B on 18.4.94, so he sent a telegram dated
19.4.94 revoking his acceptance and another to his other trainer accepting the
second offer. B didn’t received the telegram but the other party did. Now both
of them claim that they have a right to buy “Toofan”.
ISSUE:
Which of the parties B or the party brought by trainer 2 is entitled to get the
horse toofan? Whose claim is valid?
214
14 : Model Answers
ANSWER:
A receives offer for his horse “toofan” from B on 12.4.94 for Rs. 1,50,500/-
which he rejects and send a letter to B that nothing less Rs. 4,00,000 may be
accepted by him. Here B sends his acceptance for Rs. 4,00,000 to A by telegram
on 17.4.94 and A accepts the offers and sends a letter to B on 18.4.94. With the
acceptance letter posted and out of control of A now it stands to be a valid
contract according to Section 4 and 5 of Indian Contract Act, 1872 which
reads thus:
Communication when complete – The communication of a proposal is
complete when it comes to the knowledge of the person to whom it is made.
The communication of an acceptance is complete:
• as against the proposer, when it is put in a course of transmission, to him
so as to be out of the power of the acceptor.
• as against the acceptor, when it comes to the knowledge of the proposer.
The communication of a revocation is complete:
• as against the person who makes it, when it is put into course of
transmission to the person to whom it is made, so as to be out of the
power of the person who makes it
• as against the person to whom it is made, when it comes to his knowledge.
When the parties are at a distance and are contacting through post or by
messengers, the question arises when is the contract concluded? Does the
contract arise when the acceptance is posted or when it is received?
The question first arose in England in Adams v Lindsell.
On September 2, 1817, the defendants sent letter offering to sell quantity of
wool to the plaintiffs. The letter added, “receiving your answer in course of
post”. The letter reached the plaintiffs on September 5. On that evening the
plaintiffs wrote an answer agreeing to accept the wool. This was received by the
defendants on September 9. The defendants waited for the acceptance up to
September 8 and not having received it, sold the wool to other parties on that
date. They were sued for breach of contract.
215
It was contended on their behalf that till the plaintiffs’ answer was actually
received there could be no binding contract and, therefore, they were free to
sell the wool on 8th. But the court said;
“If that were so, no contract could ever be completed by post. For if the
defendants were not bound by their offer when accepted by the plaintiffs till
the answer was received, then the plaintiffs ought not to be bound till after they
had received the notification that the defendants had received their answer and
assented to it. And so it might go on infinitum (endlessly).
The result of the decision is that a complete contract arises on the date when
the letter of acceptance is posted in due course.
This rule was affirmed by the Court of Appeal in Household Fire & Accident
Insurance Co. V. Grant as well as in the case Dunlop V. Higgins1, where an
acceptance letter posted in due time was delayed by one day as the slipper state
of Roads from frost prevented the mail bag from reaching the station before
the departure of the train, nevertheless the defendants were held to be bound.
The offerer becomes bound when a properly addressed adequately stamped
letter of acceptance is posted. This aspect was emphasized by the Allahabad
High Court in Ramdas Chakrabarti v Cotton Ginning Co. Ltd., Wherein “a letter of
allotment of shares was claimed to have been posted by a company, but the
applicant denied to have received it.
The high court said: “it follows from this (section 4 and 5) that a notice of
allotment, which is the acceptance of the offer to purchase shares, is
communicated to the allottee when it is dispatched, and from that moment
there is a complete contract for him. Whether he receives the letter or not is
absolutely immaterial.
Taking the precedence of these cases and considering the section 4 and 5, A’s
acceptance letter to B on 18.4.94 constitutes a valid contract and hence his
revocation telegram and selling the horse to the third party is not valid.
A’s acceptance letter to B constitutes a valid contract and his contract with third
1 (1848) 1 HLC 381
216
14 : Model Answers
party sell the horse to him is not valid. B can file a suit and claim for the right of
Toofan and will succeed.
Question 2:
X, a resident of Bengaluru is in the manufacturing business of
household appliances. For the past five years, he is participating in
display of goods in Exhibition-cum-sale held every year at Ashoka
Hotel, New Delhi. X used to send his goods through a particular
transport who had knowledge about X participating in Exhibition-cum-
Sale. In 1995, he again delivers his Cogoods to same transporter well in
time for the purpose of participating in Exhibition-cum-Sale, also
mentions so in the consignment note. But this time due to negligence
on the part of employee of the transporter, goods reached New Delhi
only after the exhibition. X then files a suit for loss of his freight charges
as well as the loss of profits which he would have made in the
Exhibition-cum-Sale. Will he succeed? Argue.
Answer:
In the present case, as Mr X had been engaging the transporter for five years,
the transporter was aware of Mr X participating in the exhibition-cum-sale.
This required the goods to be delivered at a specific time. Due to negligence on
part of employee of transporter, the goods were delivered after exhibition.
This resulted in loss to Mr X. So two issues arise:
Whether Mr X can recover freight charges?
Whether Mr X can claim damages for loss of profits in the Exhibition-cum-
sale.
Mr. X can claim the freight charges as compensation under sec. 74. However
such compensation is not given for any remote or indirect loss or damages
caused by the breach. Thus, to claim damages for loss of profits, the present
case will be covered under section 73.
Sec. 73 provides for compensation for failure to discharge obligation
resembling those created by contract and incorporates two rules regarding
compensation recoverable for losses:
217
The objective test: the losses arising naturally in course of things from the
breach. Whether the loss or damages resulted by the breach of contract is
proximate result of breach of contract or mere remote consequence of breach
of contract? If special damages arose because of special circumstances, then
Court has to see whether such special loss or damages were in contemplation
by the parties at the time when they entered into the contract.
The subjective test: Which the parties knew at the time of the contract as likely
to result from breach.
Thus, the damage should result naturally from breach of the contract and the
parties should be aware of the same. The objective test could be understood
from principle of remoteness of damage discussed in Hadley v. Baxendale:
General damages
Special damages. No recovery of special damages when special circumstance
not known. However, if special circumstances already within knowledge of
contract breaker, recovery is allowed. Simpson v. London & North Western
Railway Co., (1876) 1 QBD 274.
Relationship between two rules: Only such loss is recoverable which was
reasonably foreseen as in Victoria Laundry (Windsor) Ltd. v. Newman
Industries Ltd, (1949) 2 KB 528. In the present case, it was reasonably forseen
by the contractor that late delivery of goods would cause loss of profits to Mr.
X.
In Ghaziabad Development Authority v. Union of India, AIR 2000 SC 2003, it
was observes that both liquidated and unliquidated damages can be claimed by
party in case of breach of contract. Unliquidated are those damages that are
required to be assessed.
In present case, transporter has knowledge of participation in the exhibition as
it was mentioned in consignment note. Timely delivery was the essence of
contract. Thus, this breach of contract by not performing in time is covered by
sec. 73. Special circumstances were in knowledge of the transporter, thus he is
liable to compensate for loss of profits on account of late arrival including
218
14 : Model Answers
freight charges as profit is to be calculated after including freight charges in the

cost. Reading of sec. 13, 14 and 10, helps us appear to the conclusion that there
was a free consent on the terms of the agreement. Thus, it is enforceable and
not struck by sec. 19. The transporter is liable to compensate X.
219

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HAND BOOK

Distance Education Department

Ÿ An Institution of Excellence in Legal Education and Research

Therefore, one of the primary objects of the School is to inculcate in every

Prof. (Dr.) R. Venkata Rao, born on 15th March,

Prof. (Dr.) O.V. Nandimath, currently Registrar of

His awards and recognitions include:

Ms. Arpitha H.C is currently Assistant Professor

STAFFS OF DISTANCE EDUCATION DEPARTMENT

Ms. Susheela Suresh

Ms. Geetha Y C Mr. Lingaraj

Ms.Tulasi Mr. Nagaraj.R Mr. Yogesh

GENERAL INFORMATION ABOUT DISTANCE

Ÿ The National Law School of India University (NLSIU) :

These courses can be pursued by graduate of any discipline from a recognized

FOR PG DIPLOMA IN IPR, MLE & CLCF

FOR PG DIPLOMA IN HRL, EL, CRL & CLP

examination Paper would carry 100 marks.

“Introduction to Law and Legal Systems” which is common to all

AWARD OF THE DEGREE

TIME LIMIT FOR COMPLETION OF COURSES

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TEACHING METHODS AND APPROACHES

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Candidates who complete the course can open up consultancies. Those

Corporates committed to promoting Corporate Social Responsibility by

Software Professionals, Consumer Dispute Redressal Forum Members,

Thus, the objectives of the course will include:

RULES / REGULATIONS GOVERNING

Ÿ THE DISTANCE EDUCATION COMMITTEE

Dr. Prashant S. Desai, Assistant. Professor of Law, NLSIU

• VISITING FACULTY, DISTANCE EDUCATION DEPARTMENT

Ms. Vinita Radhakrishna, Partner, Banana IP Counsels, IPR Consultancy,

TWO YEARS POST GRADUATE

Ÿ MBL Started in the Year 1994 - 95

However on account of some inherent disadvantages, advanced countries like

SYLLABUS OF MASTER OF BUSINESS LAWS

PAPER - 1.1: CONTRACT LAW

Essential of Contract, types, terms, quasi contractual formation, Government

Module III: Free Consent & Public Policy

or Breach when Perfor mance Due or During Perfor mance;

Contract when enforceable? Rights of indemnity holder, Rights of promisor,

PAPER 1.2 : BANKING LAW

over amalgamation and schemes of reconstruction; Control over accounts and

MODULE IV – LAW OF NEGOTIABLE INSTRUMENTS

It is universally recognized that ‘negotiable instruments form the axis on which

Negotiable Instruments: Law and Procedure I

Legal aspects of negotiable instruments in general; Special features of

Negotiable Instruments: Law and Procedure II

Crossing of cheques, criminal liability on dishonor of cheques; Law relating to

MODULE V – BANKER AND CUSTOMER

PAPER - 1.3 : CORPORATE LAW

Module I: Formation of a Company

warrants- debentures- Dividend-Borrowing Powers: Dividends payment

4. Singh, Avtar, Introduction to company law, Eastern Book Co, Lucknow,

PAPER 1.4: INDUSTRIAL RELATIONS LAW

status of a conciliation settlement; powers and functions of conciliation

PAPER - 1.5: ENVIRONMENTAL LAW

Environmental Concern & Related International Responses, Important

MBL - II YEAR SYLLABUS

PAPER - 2.1: INVESTMENT LAWS

2. Intermediaries in Secondary Market

2. Requirements in Listing Agreement