Вы находитесь на странице: 1из 60

COURSE CURRICULUM

SESSION 2017 – 2018


WINT ER SEMESTER: JANUARY – MAY 2018

U.G . SE M E ST E R - V I

NATIONAL LAW UNIVERSIT Y, JODHPUR

Course Coordinator: Dr. Neeti Mathur


TABLE OF CONTENTS

S.NO. TITLE OF CHAPTER PAGE NO.

1 Academic Calendar i

2 Project Submission Guidelines ii

3 List of Courses iii

4 Student’s Corner:

 Attendance Chart iv

 Continuous Assessment Chart v


ACADEMIC CALENDAR JANUARY – MAY 2018

S.NO. Event Date Day

1. Repeat examinations (of July – Nov 2017 semester) Dec. 18- Dec. 28, 2017

2. Reporting by the Faculty Members Dec. 28, 2017 Thursday

Reporting by the students and commencement of


3. classes January 2, 2018 Tuesday

4. Convocation January 21, 2018 Sunday

5. Last Teaching day April 26, 2018 Thursday

6. Notification of attendance April 30, 2018 Monday

7. Commencement of End-term Examinations May 1, 2018 Tuesday

8. Last day of End-term examinations May 11, 2018 Friday

9. CLAT-2018 Examination May 13, 2018 Sunday

10. Last day of submission of results May 17, 2018 Thursday

11. Last working day for the Faculty members May 17, 2018 Thursday

List of Holidays

12. Republic Day January 26, 2018 Friday

Thursday &
13. Holi March 1-2, 2018 Friday

14. Id-ul-Fitr* (Subject to appearance of moon) June 15, 2018 Friday

Summer Semester July- November 2018

Repeat/ Improvement Examinations (of January-May


15. 2018 semester) June 18-25, 2018

16. Reporting by the Faculty Members June 27, 2018 Wednesday

Reporting by the students and commencement of


17. classes July 2, 2018 Monday
i

PROJECT SUBMISSION GUIDELINES

1. All Project Works are part of Continuous Assessment.


2. All Project Works shall be of Marks 20.
3. Project Works shall be divided into two components i.e. Written Script and Viva or Class
Presentation.
4. The Course Teacher shall decide the Marks for Written Script and Viva, which should be
within the maximum limit of 20 marks.
5. All Projects are required to be submitted in the Office of the Controller of Examination on or
before the date of submission as mentioned in the curriculum.
6. Students, who are scheduled to go for Moot Court/ Academic Conferences or any other
activity when their Project Submission in any subject is due, must submit their projects
before they leave station. No extension of date shall be entertained in this regard.
7. The students in consultation with the Course Teacher shall finalize the project topic.
8. Marks shall be deducted for late submission of Projects @ one mark per day up to Seven
Days and after the seventh day the Projects shall not be accepted and shall stand rejected. It
shall lead to award of Zero marks in the Project.
9. The extension of date for submission of Project Works shall not be entertained on account of
contingencies like electricity failure, computer crash, non-availability of internet. Therefore,
students should take care to prepare their project in advance to avoid last minute
contingencies.
10. Any communication concerning Project Submission should be addressed to the Office of
Controller of Examination in writing.
11. The Students must collect the Model of the Front Page (Cover Page) of the Project Work
from the office of the Controller of Examination and the front page of all project works must
be in the same manner.
12. The Project Work must be spiral bound without use of any plastic sheets.
13. The Project Works must be printed on both side of the A-4 size paper.
Controller of Examination
ii

LIST OF COURSES

S.NO. Courses Compulsory/ Subject Faculty Page No.


Stream/ Optional
1 Environmental Law Compulsory Mr. Rohan Thomas 1-10

2 Law of International Trade Compulsory Mr. Bipin Kumar 11-20


3 Family Law-I Compulsory Mr. Gowthaman 21-24
Ranganathan
4 Company Law- II Compulsory Ms. Varendyam 25-32
Jhanawi
5 Sociology-III (Law and Society) HSS Dr. Asha Bhandari 33-39
6 Economics- III (Theories of HSS Dr. Kranti Kapoor 40-45
Development and Indian
Economy)
7 Operational Management III Management Dr. Archi Mathur & 46-49
(Business Communication and Dr. Leela
Business Ethics)
8 Finance III (Financial Management Dr. Ruchi Bhandari 50-53
Management)
iii

STUDENT CORNER: ATTENDANCE

Subject July Aug Sept Oct Total %


Environmental Law
Law of International Trade
Family Law-I
Company Law- II
Sociology-III (Law and Society)
Economics- III (Theories of
Development and Indian
Economy)
Operational Management III
(Business Communication and
Business Ethics)
Finance III (Financial
Management)
iv

STUDENT CORNER: CONTINUOUS ASSESSMENT

Subject Test 1 Test 2 Test 3 Test 4 Mid Term / CRE Practical


Project
Environmental Law
Law of International Trade
Family Law-I
Company Law- II

Sociology-III (Law and


Society)
Economics- III (Theories of
Development and Indian
Economy)
Operational Management III
(Business Communication
and Business Ethics)
Finance III (Financial
Management)

v
SUBJECT: ENVIRONMENTAL LAW
FACULTY: ROHAN CHERIAN THOMAS

Introduction: Climate Change has become a force to reckon in the 21st century. Temperatures
have continued to rise around the globe. 2017 was one of the hottest years on record. The
crescendo for mitigation measures has also increased, but political will is lacking. The Paris
Agreement while bringing hope in the form of a transformed approach to Kyoto and introducing
Nationally Determined Contributions, saw disappointment with the United States backing out.

Pollution has reached a peak. Air pollution for instance forced cricket players off the field in
Delhi as they experienced breathing problems. Waste management, another critical area, tipped
over the edge of the abyss when a mountain of waste rolled down onto people in Ghazipur.
Medical Waste is being flushed down into gutters without undergoing proper treatment. E-waste
collection centres have not been established by State Governments. The Indian 2016 Waste
Management Rules look too good to be true at the moment.

Forest Protection and the concurrent rights of Forest Dwellers saw a change with the Indian
Government finally removing bamboo from the meaning of trees under the Forest Act. Though a
much needed move, its effect remains to be soon considering the nature of the Forest Rights Act
being in contradiction with other Acts such as the Wildlife Protection Act and that the State
Governments have their own rules concerning forests.

The issues stated above are but the tip of the iceberg concerning Environmental Law. A field
which is hugely interdisciplinary but holds on its own, it needs thorough and passionate study to
understand the dire situation our Environment is in and the tools we need to bring change. The
course seeks to analyse and study the various aspects of International and Indian Environmental
Law, its interplay, consequent enforcements and future course of actions.

Teaching-Learning Methodology:
 Lecture-cum-discussion
 Assignment and presentations
 Simulation exercises -CREs

Evaluation Scheme:

 Continuous Assessment Tests 20%


 Court Room Exercises 10%
 Project 20%
 End Term Examination 50%

1
COURSE OUTLINE

Module 1: Principles/Models in Environmental Law

 Polluter Pays, Preventive and Precautionary Principle


 Curative, Preventive and Anticipatory Models

Cases:

1. The Queen v. Secretary of State for the Environment and Ministry of Agriculture,
Fisheries and Food Case C-293/97 (1999)
2. Trail Smelter Arbitration 1941, U.N. Rep. Int'L Arb. AWARDS 1905 (1949)
3. Legality of Threat/Use of Nuclear Weapons Advisory Opinion, ICJ Rep. (1996) ICJ 2
4. Gabcikovo-Nagymaros/Hungary v. Slovakia [1997] ICJ Rep 7
5. The Mox Plant Case ICGJ 343 (ITLOS 2001)
6. EC Measures Concerning Meat and Meat Products (Hormones) WT/DS26/AB/R 1997
7. Australia-Measures Affecting the Importation of Salmon WT/DS18/R (1998)
8. Japan Varietals, Japan Measures Affecting Agricultural Products WT/DS76/AB/R (1999)
9. Southern Bluefin Tuna Cases ICGJ 337 (ITLOS 1999)
10. Indian Council for Enviro-Legal Action v. UOI & Ors 1996 AIR 1446
11. Rural Litigation and Entitlement Kendra v. State of UP AIR1988 SC 2187

Module 2: Sustainable Development

 Evolution of Sustainable Development; Environmental Trusteeship


 Brundtland Approach to Sustainable Development 1984
 Stockholm 1972 and Rio 1992 Approach to Sustainable Development
 WTO and Sustainable Development
 Johannesburg Declaration 2002
 Sustainability Development Goals 2030
 Paris Agreement 2016
Cases:

1. Vellore Citizens forum v. Union of India AIR 1996 SC 647


2. Gabcikovo v Nagymaros [1997] ICJ Rep 7
3. Iron Rhine Case ICGJ 373 (PCA 2005) 2005
4. Pulp Mills on the River Uruguay ICGJ 425 (ICJ 2010)
5. Tuna-Dolphin Case WT/DS381/R 1994

2
Module 3: Major Environmental Sectors

 Atmosphere and Outer Space


- Transboundary Air Pollution
- Ozone Layer Depletion
- Global Climate Change
 Biological Resources
- Regulation of Harvest
- Protection of Habitat
- Regulation of Trade
 Hazardous Substances and Activities
- Hazard Identification and Testing
- Conditions of Production an Use
- International Trade in Hazardous Substances, Products and Use
 Ocean and Freshwater Resources
- International Regulatory Responses

International Agreements:

1. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer
Space, Including the Moon and Other Celestial Bodies, 1967
2. Convention of Long Range Transboundary Air Pollution 1979
3. Gothenburg Protocol to Abate Acidification, Eutrophication and Ground-Level Ozone 1999
4. Convention on Transboundary Effects of Industrial Accidents 1992
5. Montral Protocol on Substances that Deplete the Ozone Layer 1987
6. Convention on International Liability for Damage Caused by Space Objects 1972
7. UNFCCC 1992
8. Kyoto Protocol to the UNFCCC 1997
9. Paris Agreement on Climate Change 2016
10. World Charter for Nature 1982
11. CBD 1992
12. International Treaty on Plant Genetic Resources for Food and Agriculture 2001
13. Agreement on the Conservation of Polar Bears 1973
14. Ramsar Convention 1971
15. CITES 1975
16. Inter-Organisation Program for the Sound Management of Chemicals 1995
17. Bahia Declaration on Chemical Safety 2000
18. Stockholm Convention on Persistent Organic Pollutants 2001

3
19. Basel Convention on Control of Transboundary Movements of Hazardous Wastes and their
Disposal 1992
20. Rotterdam Convention 1998
21. Cartagena Protocol on Biosafety 2000
22. Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive
Waste Management 1997
23. Convention on Early Notification of a Nuclear Accident 1986
24. UNCLOS 1982
25. Convention on Law of Non-Navigational Uses of International Watercourses 1997

Module 4 : Private, Public and Quasi-Private Standard Setting


 Standard Setting by International Organization for Standardization
 Standard Setting by Industry Itself
 Public Standards

Module 5 : Environmental Equity


 Environmental Justice
 Intra-Generational Equity
 Inter-Generational Equity

Module 6 : Legal Regime of Natural Resources in Times of Armed Conflict


 Protocol Additional to the Geneva Conventions relating to the Protection of Victims of
International Armed Conflicts 1977
 Convention on Prohibition of Military or any Hostile Use of Environmental Modification
Technique 1976
 Possible Methods to reinforce Rules of IHL
Cases:

1. Case Concerning Armed Activities on Territory of Congo 2005 I.C.J.


2. Legal Consequences of Construction of a Wall in the Occupied Palestinian Territory Advisory
Opinion 2004 ICJ

Module 7 : Refugee Protection - Environmental Migrants


 Defining Environmental Refugees
 Roots of Environmental Migration
 Protection under Treaty Law
International Agreements:

1. UN Convention Relating to Status of Refugees 1951


2. Kampala Convention 2009

4
3. Nansen Protection Agenda 2015
4. Migrants in Countries in Crisis 2016
5. New York Declaration for Refugees and Migrants 2016

Module 8 : Patent System and Climate Change


 Need of Green Technology
 Possible Solutions to the Patent Issue
Instruments:
1. USA University and Small Business Patent Procedures Act 1980
2. TRIPS 1995
3. Indian Patent Act, 1970
2. South Africa IPRs from Publicly Financed Research and Development Act 2008
3. India Protection and Utilization of Publicly Funded IP Bill 2008

Module 9 : Indigenous People in International Environmental Law


 Cultural Integrity Model
- Expression of the Norm
- Rights Springing from the Norm
- Implications of the Model
 Self-Determination Model
- Expression of the Norm
- Rights Springing from the Norm
- Implications of the Model
International Instruments:

1. ILO Convention No 169 – Concerning Indigenous and Tribal Peoples in Independent


Countries 1989
2. Desertification Convention 1994
3. UN Declaration on Rights of Indigenous People 2007

Module 10 : Conservation of Migratory Species of Wild Animals


 Defining Migratory Species
 Bonn Convention 1979 (CMS)
 CMS Structure and Function
 Indian CMS Regime

Module 11 : Conservation of Wetlands


 Defining Wetlands
 Ramsar Convention (1971)

5
 Classification of Wetlands
 Ramsar Structure and Function
 Indian Wetland Protection Regime

Module 12 : World Heritage Protection


 Convention Concerning the Protection of World Cultural and Natural Heritage (1972)
 Assessment of Outstanding Universal Value
 Sustainable Conservation
 Convention for Safeguarding of the Intangible Cultural Heritage 2003
 Indian Heritage Protection Regime

Module 13: Constitution and Environment

 Specific constitutional provisions to ensure pollution free environment


 Dimensions of Right to Pollution free environment.
 Fundamental duty of citizens and the environment.
 Judicial activism and environmental protection.
 Influence of international environmental jurisprudence.
 Bhopal Disaster and emergence of New Environmental Jurisprudence.
Cases:
1. Olga Tellis v. BMC, AIR 1986 SC 180.
2. RLEK v. State of UP, AIR 1987, SC 2426.
3. T. Damodar Rao v. M.C Hyderabad, AIR 1987 AP 171.
4. M.C.Mehta v. Union of India AIR (1987) 1 SCC 395.
5. L.K.Koolwal v. State of Rajasthan. AIR 1988 RAJ 02.
6. Attakoya Thangal v. State of Kerala. AIR 1990 KER LT 580.
7. Subhash Kumar v. Bihar AIR 1991 SC 420.
8. Tarun Bharat Sangh v. Union of India, AIR 1992 SC 514
9. V Laxmipaty v. Karnataka AIR 1994 KAR 57
10. Enviro Legal action v. Union of India AIR 1996, SC 1037
11. M.C.Mehta v. Union of India AIR 1997 SC 734.
12. M.C.Mehta v. Union of India AIR 2000 SC 1997.
13. M.C.Mehta v. Kamalnath, AIR 2002 (2) Scale 654.
14. Sushanta Tagore v. Union of India, (2005) 3 SCC 16.
15. Jackson & Company v. Union of India, AIR 2005 Del 334.
16. Bombay Dying and Manufacturing Co. v. Bombay Environmental action group, AIR
2006 SC 1489
17. Intellectuals Forum, Tirupathi v. State of A.P., (2006) 3 SCC 549.
18. M.C.Mehta v. Union of India (2006) 3 SCC 399.

6
Module 14 : Public Nuisance : Civil and Criminal Remedies
 S.9 and 91 CPC
 S.188, 268, 269, 270, 272-276, 277, 278 and 284-287 IPC
 S.133, 142, 144 CrPC
 Public Liability Insurance Act 1991
Cases:
1. Perumal Naicker v Rathina Naicker AIR 2004 Mad 292
2. UOI v Union Carbide Corporation (1986) 2 Comp LJ 169
3. UCC v UOI AIR 1990 SC 273
4. Charan Lal Sahu v UOI AIR 1990 SC 1480
5. Municipal Council Ratlam v Vardichand AIR 1980 SC 1622
6. Krishna Gopal v State of MP (1986) CrLJ 396
7. Himmat Singh v Bhagwana 1988 CrLJ 614
8. Jaykrishna Panigrahi v Hrishikesh Panda (1992) CrLJ 1054
9. Pranab Kumar Chakraborty v Md Akram Hussain (1990) CrLJ 3150
10. Kachrulal Bhagirat Agrawal v State of Maharashtra (2004) CrLJ 4634
11. Tata Tea v State of Kerala (1984) KLT 645
12. Abdul Hamid v Gwalior Rayon Silk Mfg Co (1989) CrLJ 2013
13. Krishna Panicker v Appukkuttan Nair (1993) 1 KLJ 725
14. State of MP v Kedia Leather and Liquor Ltd (2003)

Module 15 : Water Act


 Defining Water Pollution
 Central and State Pollution Control Boards – Powers
 Cognizance of Offences under the Act
Cases:
1. Executive Apparel Processors v Taluka Executive Magistrate (1997) (4) KAR LJ 181
2. Delhi Bottling Co Pvt Ltd v Central Board for the Prevention and Control of Pollution
AIR1986 DEL 152
3. Narula Dyeing and Printing Works v UOI AIR 1995 Guj 185, 191
4. AP Pollution Control Board v Prof MV Naidu AIR 1999 SC 812
5. Subhash Kumar v State of Bihar AIR 1991 SC 420
6. Megh Shyam Sharma v State of UP 1985 All LJ 1195

Module 16 : Air Act


 Defining Air Pollution
 Central and State Pollution Control Boards – Powers
 Cognizance of Offences under the Act
 Noise Pollution

7
 Smoking Pollution
 Vehicular Pollution
Cases:
1. K. Muniswamy Gowda v State of Karnataka 1998 (3) KAR LJ 594
2. Om Biragna Religious Society v The State 1996 Cal HC
3. Moulana Mufti Syed Md Noorur Rehman Barkati v State of West Bengal AIR 1999 Cal 15
4. Sayeed Maqsood Ali v State of MP AIR 2001 MP 220
5. forum Prevention of Environment and Sound Pollution v UOI AIR 2006 SC 348
6. Church of God (Full Gospel) in India v KKRMC Welfare Association AIR 2000 SC 2773
7. Ramlila Maidan Incident v Home Secretary (2012) 5 SCC 1
8. Murli S Deora v UOI AIR 2002 SC 40
9. MC Mehta v UOI WP 13029/1985
10. Ajay Singh Rawat v UOI 1995 SCC (3) 266

Module 17 : Environment Protection Act


 Purpose of the Act
 Power of Central Govt under the Act
 Environment Protection Rules under the Act
 Envrironment Audit

Module 18 : Waste Management Rules


 Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016
 Solid Waste Management Rules 2016
 Bio-Medical Waste (Management and Handling) Rules 2016
 E-Waste Management Rules 2016
 Plastic Waste Management Rules 2016
 Construction and Demolition Waste Management Rules 2016
 Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987

Module 19 : Environment Impact Assessment


 Defining EIA
 Phases of EIA
 Notifications 1994, 1997, 2006
 Social Impact Assessment
Cases:
1. Sterlite Industries India Ltd v UOI 2013 AIR SCW 3231
2. Gram Panchayat Navlakh Umbre v UOI (2012) Bom HC
3. Gau Raxa Hitraxak Manch & Gaucher Paryavaran Bachav Trust, Rajula v UOI (2013) NGT
4. Adivasi Majdoor Kisan Ekta Sangathan & Anr v MOEF (2012) NGT
5. Deepak Kumar v State of Haryana (2012) 4 SCC 629
8
6. Orissa Mining Corporation Ltd v MoEF & Ors (2013) SC

Module 20 : Protection of Forest Habitat; Empowerment of Forest Dwellers


 Indian Forest Act 1927
 Forest (Conservation) Act 1980
 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition) of Forest
Rights Act 2007
 Eco-Tourism and Forest Protection
Cases:
1. Banwasi Seva Ashram v State of UP AIR 1987 SC 374; 1992 2 SCC 202
2. Fatehsang Gimba Vasava v. State of Gujarat (AIR 1987 Guj 9)
3. Suresh Lohiya v State of Maharashtra (1996) 10 SCC 397
4. Animal and Environment Legal Defence Fund v UOI AIR 1997 SC 1071
5. Naramada Bachao Andolan v UOI AIR 2000 SC 3751
6. KM Chinappa v UOI (AIR 2003 SC 724)
7. TN Godavarman Thirumulpad v UOI (AIR 1997 SC 1228)
8. Nagarahole Bandikattu Hakku Sthapana Samithi v State of Karnataka AIR 1997 Kar 288
9. Forest Friendly Camps Pvt Ltd v State of Rajasthan AIR 202 Raj 214

Module 21 : Wildlife Law


 Wildlife Protection Act 1972
 Powers and Functions of Wildlife Authorities
 Management of CITES
 Central Zoo Authority
Case:
1. Consumer Education and Research Society v UOI AIR 2000 SC 975

Module 22 : Coastal Zone Management


 Defining Coastal Zone
 1991 Notification on Coastal Regulation Zones
 Classification of Zones
 Permitted and Prohibited activities

Module 23 : National Green Tribunal


 Evolution of NGT
 Preamble, Establishment, Jurisdiction
 Relief Compensation and Restitution
 Procedure and Powers
Cases:
1. Bhopal Gas Peedith Mahila Udyog Sangathan v UOI AIR 2012 SC 3081
9
2. Mahavir Singh v UOI 2013 Del HC
3. Rohit Choudhary v UOI 2012 NGT
4. Dileep B Nevatia v State of Maharashtra 2013 NGT
5. Amit Maru v Secretary MoEF & Ors 2014 NGT
6. Forward Foundation v State of Karnataka 2014 NGT
7. Vimalbhai v UOI 2011 NGT
8. PS Vajiravel v The Chairman, TNPCB 2013 NGT

Readings:

1. The Oxford Handbook of International Environmental Law, Ed. Daniel Bodansky, Julta
Brunnee & Ellen Hey (2007, Oxford University Press, New York) (Reprint 2010).
2. Environmental Law in India, P Leelakrishnan (3rd Edn., LexisNexis, 2013).
3. The Principle of Sustainability, Transforming Law and Governance, Klaus Bosselman
(2nd Edn., Routledge, 2017).
4. Handbook of Environmental Decision Making in India, An EIA Model, OV Nandimath
(Oxford University Press, 2009).
5. Commentary on the NGT Act, 2010, Ritwick Dutta & Sanjeet Purohit (Universal Law
Publishing, 2015).
6. Syam Divan and Armin Rosencranz, Environmental law and policy in India: Oxford
University Press, New Delhi, 2005.
7. The Waste Management Rules 2016 are available on the Internet.

10
SUBJECT: INTERNATIONAL TRADE LAW

FACULTY: BIPIN KUMAR

Introduction: This course is designed to introduce the student to the legal system governing
international economic transactions and international economic relations, particularly centered
on the World Trade Organisation, the most significant institution for international trade relations
and its annexed treaties. The course encourages an understanding of the system through the study
of original materials in a systematic way, designed for students who may practice in the subject
area (either in private firms or government positions), or for students who would like to have an
understanding of the system for personal, scholarly, or for leadership reasons.

Since last three to four decades, liberalization, privatization and globalization of national
economies have become a worldwide phenomenon. With the growing economic interdependence
of the world, understanding this system is increasingly becoming more important. This
interdependence has resulted in an unprecedented growth in the volume of international trade
and cross-border economic exchanges. Until recently, international trade was regulated by
disparate legal regimes, but with the establishment of the World Trade Organization (WTO),
international trade in all its conceivable dimensions is sought to be regulated by the unified and
global legal regime instituted by the WTO. This legal regime administers the trade agreements
negotiated by its Members, in particular the General Agreement on Tariffs and Trade (GATT),
the General Agreement on Trade in Services (GATS) and Agreement on Trade Related Aspects
of Intellectual Property Rights (TRIPS). The underlying philosophy of the WTO is that open
markets and non- discrimination are conducive to the national welfare of all countries. The
raison d‟etre of the WTO is to reduce both their own trade barriers and those of the foreign
markets. Its primary functions are to be a focal point for the negotiations of binding agreements
to reduce trade barriers and agree on disciplines for policies affecting international trade and to
provide a mechanism though which WTO Members can enforce these negotiated commitments.

At the same time, a number of international agencies and conventions, uniform law, model laws,
legal guidelines aimed at the eventual unification and harmonization of disparate national laws
and practices in the field of international trade. As a result, this area has become so sophisticated
and specialized that at times even business executives and their in-house counsels find
themselves at their wits‟ end in coping with the legal complexities raised by international
business transactions.

Objective of the Course

 The principal objective of the course is to provide students with a good grounding in the
fundamental concepts, procedures and practice followed by the World Trade
Organisations with some experience in particular details. The interface between WTO

11
and RTAs will also be examined. The aim of the course is to appreciate the complexity of
WTO in historical context as well.
 To analyze the interdependence between Contracting Parties to WTO & WIPO by
imparting comprehensive knowledge regarding Intellectual Property Rights in the areas
of Patents, Copyrights, Trademarks, Designs and Geographical Indications including
Plant Varieties, Biological Diversity and Inventions relating to Information Technology.
 Understanding the coterminous relationship between trade exigencies under WTO and
environmental imperatives and impacts and outcomes thereof upon climate matrix.
 Responding to Theoretical, Doctrinal, Textual or Empirical Questions relating to trade in
services in the background of developments in the field of International Law relating to
Trade and Services.
 To understand the conceptual, theoretical and political foundations of WTO dispute
settlement- specifically, from a developing country perspective. The objective is to churn
out the judicial process and the procedural fair-play, including the effectiveness (or lack
thereof) of remedies available under WTO settlement mechanism, specifically keeping in
mind the needs and its impact on developing countries.

Teaching – Learning Methodology:


 Lecture cum discussion
 Case Method
 Assignment and presentations

Evaluation Scheme:
 Continuous Assessment Tests 30%
 Project Work 20%
 End Term Examination 50%

Prescribed Text:

 WTO Secretariat, The Legal Texts: The Results of the Uruguay Round of Multilateral
Trade Negotiations, Cambridge University Press, 2002

Key website:
www.wto.org (All WTO documents are fully downloadable).

12
COURSE OUTLINE

Module 1: Introduction to International Trade

 The Concept and Nature of International Trade Law


 Theories of International Trade
 The Arguments for Free trade
 The Arguments for protection
 The Historical and Institutional context
 Regionalism and International trade
 International Trade Problems.

Recommended Readings:

1. Andreas Lowenfeld, International Economic Law 2nd rev ed. (Oxford: Oxford University
Press, 2008), ISBN: 9780199226948
2. Barfield, C. E. (2001) Free Trade, Sovereignty, Democracy: The Future of the World
Trade Organization, Washington, D.C.: AEI Press.
3. Barton, J. H., Goldstein, J. L., Josling, T. E. and Steinberg, R. H. (2006) The Evolution of
the Trade Regime, Princeton: Princeton University Press.
4. Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading
System (Oxford: Oxford University Press, 1995)
5. B S Chimni, The World Trade Organisation, Democracy and Development: A view from
the South, 40(1) JWT, 5-36, 2005
6. Jeffrey J. Schott, The Uruguay Round: An Assessment (Washington: Institute for
International Economics, 1995), 3-39.
7. Joel P. Trachtman, THE INTERNATIONAL ECONOMIC LAW REVOLUTION,
Journal of International Economic Law, Spring, 1996, University of Pennsylvania, USA.
8. John H. Jackson, The World Trading System: Law and Policy of International Economic
Relations, 2d edition (Cambridge: MIT Press, 1997), 1-30, 133-148, and 189-202.
9. John H. Jackson, Sovereignty, the WTO and Changing Fundamentals of International
Law, Cambridge University Press, 2006
10. John H, Jackson, Constitution and Jurisprudence, Royal Institute of International Affairs-
Chatham Houese, 1998.
11. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970), 257-273.
12. Michael J. Trebilcock and Robert Howse, The Regulation of International Trade (New
York: Routledge, 1995), 1-55.
13. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
14. Ved P. Nanda, Selected Aspects of International Trade and The World Trade
Organization’s Doha Round: Overview and Introduction, Denver Journal of International
Law & Policy Vol. 36:3/4, 8/14/2008

13
Module 2: The Actors of International trade Law

 Subjects of International trade law vs. Actors in International trade law


 States
 Multinational or Transnational enterprises
 International organizations
 Non- Governmental Organizations

Recommended Readings:

1. Matthias Herdegen, Principles of International Economic Law, Oxford University


Press, 2013 Pp.25-53
2. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
3. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy,
Oxford University Press, 2006

Module 3: Formation, Structure and Workings of the WTO

 Bretton Woods Institutions –IMF,IBRD and ITO


 GATT, 1947- Role and Importance
 From Havana to Tokyo Round to Uruguay Round Negotiations
 Difference between GATT and WTO
 Status of GATT in WTO
 Objectives and Functions
 Decision Makings Process
 Amendments Process
 Membership, accession, withdrawal Process
 Membership of Transitional and Non- Market Economies
 WTO treaty implementation

Recommended Readings:

1. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
2. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010
3. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
4. John Croome, Reshaping the World Trading System, Kluwer Law International, 2004.
5. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade, Sweet & Maxwell Publication, 2013
6. Prof. Raj Bhalla, World Trading System, Lexis-Nexus Publication, London, 2003.

14
Module 4: Dispute Settlement Mechanism of the WTO

 Dispute Settlement under GATT, 1947


 Jurisdiction under WTO
 Applicability Mechanism
 Formation and working of the Panels
 Working of the Appellate Body
 Development of Jurisprudence

Recommended Readings:

1. Ernest Ulrich Petersmann, The GATT?WTO Dispute Settlement System-International


Law, International Organisations and Dispute Settlement, Kluwer Law International,2003
2. Ernest Ulrich Petersmann, International Trade Law and the GATT/WTO Dispute
Settlement System, Kluwer Law International ,1997
3. Jackson John. H. (2000): The Jurisprudence of GATT and the WTO, Cambridge,
UK 2000.
4. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
5. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010.
6. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy,
Oxford University Press, 2006
7. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on
Tariffs and Trade, Sweet & Maxwell Publication, 2013
8. Bipin Kumar, WTO Dispute Watch, Disputes of 2009, Centre for WTO Studies, Indian
Institute of Foreign Trade, New Delhi
9. Bipin Kumar, WTO Dispute Watch, Disputes of 2010,Centre for WTO Studies, Indian
Institute of Foreign Trade, New Delhi

Module 5: Basic Principles and norms governing GATT and WTO

 Most Favoured Nations principle


 National Treatment
 Issue of Like Products
 Customs valuation rules
 Rules of Origin of the products
 Imposition of Quantitative Restrictions
 Import Licensing.

15
Recommended Readings:

1. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
2. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010
3. Won-Mog Choi, „Like Products‟ in International Trade Law –Towards a Consistent
GATT/WTO Jurisprudence, Oxford University Press, 2003
4. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006.
5. Raj Bhalla, Modern GATT Law A Treatise on the General Agreement on Tariffs and
Trade, London Sweet & Maxwell Publications, 2013.
6. John H. Jackson, The World Trading System Law and policy of International Economic
Relations, Second ed, The MIT Press, Cambridge, Massachusetts, London, England,
2000.
7. Petros C. Mavroidis, The Trade in Goods, Oxford University Press, 2008.

Module 6: Exceptions under WTO

 Environmental Exceptions
 Security Exceptions
 Regional Trade Agreements
 Developing and Least Developing Countries

Recommended Readings:

1. Andreas F. Lownfeld, International Economic Law, Oxford University Press, 1997.


2. Petros C. Mavroidis, The General Agreement on Tariffs and Trade, Oxford University
Press, 2005
3. Daniel C. Esty, Greening the GATT: Trade, Environment, and the Future Institute for
International Economics Washington, D.C. 1994.
4. Gary Sampson and John Whalley, The WTO, Trade and Environment, An Elger
Reference Collection, U.S. 2005.
5. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
6. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
7. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010
8. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade, Sweet & Maxwell Publication, 2013

16
Module 7: Trade Remedies in WTO

 Definition of Dumping, subsidies and safeguards


 Material Injury and Serious Injury
 Domestic Industry and its role
 Process of Dumping and Subsidies determination
 Indian Laws dealing with Dumping, subsidies and safeguards

Recommended Readings:

1. Matsushita, Mavroidis, The World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006.
2. Edwin Vermulst, The WTO Anti-Dumping Agreement, Oxford University Press,
2005.
3. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
4. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010
5. Prof. Raj Bhalla, Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade, Sweet & Maxwell Publication, 2013

Module 8: General Agreement in Trade & Service (GATS)

 General obligation
 Various Modes of supply of services
 Progressive liberalization of service sectors
 Banking and Financial service
 Legal Services
 Telecom Services
 India and GATS

Recommended Readings:

1. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
2. Mitsuo Matsushita, Thomas J. Schoenbaum and Petros C. Mavroidis, The World Trade
Organisation –Law, Practice, and Policy, Oxford University Press, 2006.
3. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010

Module 9: Trade Related Aspects of Intellectual Property Rights (TRIPS)

 Nature of the obligations


 Categories of Intellectual Property Embraced by TRIPS

17
 Basic Principles
 Exhaustion
 Objectives and Principles
 TRIPS and Public Health issue
 Compulsory Licensing of IPRs
 IPRs and Competition Linkage
Recommended Readings:

1. Christopher Arup, The New World Trade Organization Agreements, Cambridge


University Press,2002.
2. Resource Book on TRIPS and Development UNCTAD-ICTSD, Cambridge University
Press, 2005.
3. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
4. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
5. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010

Module 10: New Issues under the WTO

 Trade and Competition linkage


 Trade and Environment linkage
 Trade and Investment linkage
 Labour Standards
 Trade Facilitation Agreement
 Cotton trade
 Transfer of technology
 Developing and least developing countries
Recommended Readings:
1. The Political Economy of the World Trading System: From GATT to WTO by Bernard
M. Hoekman, Michel M. Kostecki, Oxford University Press, 2003
2. William J Davey and John H. Jackson (ed.) The Future of International Economic Law,
Oxford University Press, 2008
3. Craig Grasste, The History and Future of the World Trade Organisation, WTO
Publications, Geneva, 2013.
4. Matsushita, Mavroidis, the World Trade Organisation, Law, Practice, and Policy, Oxford
University Press, 2006
5. Simon Lester and Bryan Mercurio (ed.), World Trade Law- Text, Materials and
Commentary, Universal Law Publishing C. Pvt. Ltd. New Delhi, 2010
6. Prof. A.K. Koul, The General Agreement on Tariffs and Trade (GATT)/World Trade
Organisation (WTO) –Law, Economics and Politics, Satyam Books, 2010

18
Further Readings:
1. Asif H. Qureshi and Andreas R Ziegler, International Economic Law 3rd Ed. (Sweet &
Maxwell 2011) ISBN: 978-0-414-04615-3
2. Checkel, J. (ed) (2007) International Institutions and Socialization in Europe, Cambridge,
U.K.: Cambridge University Press.
3. Corrales-Leal, W. (2005) „A Situational Approach to the Doha-Mandated Negotiations on
Special and Differential Treatment’, mimeo, Geneva: International Centre for Trade and
Sustainable Development (ICTSD).
4. Durling, J. P. (2003) „Deference, But Only When Due: WTO Review of Anti-Dumping
Measures‟ Journal of International Economic Law 6, 1: 125-153.
5. Grossman, G. M. and Helpman, E. (1995) „The Politics of Free Trade Agreements‟,
American Economic Review 85, 4: 667-690.
6. Hilf, M. (2001) „Power, Rules and Principles Which Orientation for WTO/GATT Law?‟,
Journal of International Economic Law 4, 1: 111-130.
7. Hoekman, B. (1996) „Assessing the General Agreement on Trade in Services‟, in Martin, W.
and L.A. Winters (1996) (eds) The Uruguay Round and the developing countries,
Washington, DC: World Bank, published by Cambridge University Press.
8. Hoekman, B., Michalopoulos, C. and Winters, L. A. (2004) „Special and Differential
Treatment of Developing Countries in the WTO: Moving Forward after Cancún‟, The World
Economy 27, 4: 481-506.
9. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970), 257-273.
10. Maggi, G. (1999) „The Role of Multilateral Institutions in International Trade Co-operation‟,
American Economic Review 89, 1: 190-214.
11. Patrick Low, Gabrielle Marceau and Julia Reinaud, The Interface Between The Trade And
Climate Change Regimes: Scoping The Issues,
12. Prusa, T. (2005) „Antidumping: a growing problem in international trade‟, The World
Economy 28, 5: 683-700.
13. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New
Hampshire: Butter-worth, 2d edition, 1990), 3-61.
14. Steven Nathaniel Zane, Leveling the Playing Field: The International Legality of Carbon
Tariffs in the EU, Boston College International and Comparative Law Review, Issue 1,
Volume 34, 1-1-2011.

Project Topics:

(1) Workings of Anti-Dumping Agreement of the WTO


(2) Workings of the Indian Anti Dumping laws
(3) Scope of Multilateralism in the present world
(4) Scope of rules of origin provisions of the WTO
(5) Workings of regional trade agreements under WTO
(6) India and regional trade agreements
(7) Progressive liberalisation of service sector in international trade
(8) Trade in financial services and its impact on India

19
(9) Trade in legal services and its impact on India
(10) Trade in telecommunication services and its impact on India
(11) Energy sector requirements of India and GATS
(12) Analysis of trade and investment under WTO
(13) Workings of BITS and role of India
(14) An analysis of the workings of ICSID.
(15) Dispute Settlement Mechanism as a jewel in the crown.
(16) Regulatory Jurisdiction and the WTO
(17) Reforms in the DSU and role of India
(18) Arbitration mechanisms under WTO dispute mechanisms.
(19) DSU and developing countries.
(20) Trade and competition related issues under WTO.
(21) Trade and environment under WTO.
(22) Trade and labour standards in international trade.
(23) WTO and Public Health.
(24) WTO and developing countries.
(25) WTO and the protection of traditional knowledge.
(26) WTO and distributive justice.
(27) Ten years of the workings of WTO.
(28) WTO and National Security.
(29) WTO and Transitional Economies.
(30) Movement of natural persons and WTO.
(31) BOPs and GATS and its impact on India.
(32) Good governance at the WTO: Building a foundation of World Administrative law
(33) WTO and Distributive justice
(34) WTO mechanism and currency manipulation
(35) Conflict between RTA and Dispute Settlement of the WTO
(36) Conflict of norms, WTO and Public international law
(37) Trade in forest reserve and WTO
(38) Fisheries subsidies and WTO
(39) WTO and Food security concern of the Developing Countries
(40) Trade and environment concern of the WTO
(41) WTO and Climate Change
(42) WTO and its linkage with labour standards
(43) WTO and Human Rights
(44) Redefining the concept of Sovereignty if the light of the development in
International trade law
(45) WTO and development of the poor countries
(46) Treaty implementation in the light of the WTO as a multilateral treaty
(47) TRIPS and public health
(48) TRIPS plus arrangement and its impact on India
(49) WTO and Migrant laborers
(50) Trade and culture in the light of WTO developments
(51) Trade in movies and songs
(52) Transparency, good governance and WTO

20
SUBJECT: FAMILY LAW I
FACULTY: GOWTHAMAN RANGANATHAN

About the Manual:


This document contains the essential information for the core course on Family Law I being
offered to the VI Semester students at the National Law University, Jodhpur. It contains a brief
outline of the course, the teaching methodology, evaluation scheme and class room policy to be
followed for the effective execution of the course.

Please note, this document contains an overview of the course, a detailed list of cases and
readings will be circulated shortly after the commencement of the course. All readings for each
of the modules will be uploaded on a Google drive to be shared with the class. A consolidated
list of readings uploaded on the drive will also be shared with the class.

Course Duration:
The duration of the course will be from January 02, 2018 to April 26, 2018 spanning over
approximately 17 weeks of course work including approximately 85 hours of class hours
including classes allotted for the Court Room Exercise (“CRE”)

Course Description:

The course is primarily aimed at a critical understanding of the laws relating to marriage and
divorce, maintenance, custody and guardianship as well as the practice of family law in the
courts with an emphasis on the family courts. While doing so, this course is an interdisciplinary
engagement with ideas around gender, caste, sexuality, religion and family. These ideas will be
the lens through which we look at the various laws.

Why study Family Law?


A pragmatic response is that this course is mandated as a core course by the Bar Council of India
through its Legal Education Rules. However, the course becomes crucial in light of the ever
changing socio-legal landscape around which family and relationships are understood. In the
current moment in history, the Hadiya (Akila) case demonstrates the need for an immediate
critical engagement with ideas of marriage, religion, gender and autonomy. It is also pertinent to
note that questions around family law are not far for even lawyers working on commercial cases
as the family remains the focus of many commercial enterprises in India.

Teaching Methodology:
Everyone has to come prepared for class after having read the assigned reading. The classroom
will be a space for critical reflections on the cases and material circulated. Coming unprepared
for class will impact the effectiveness of the classroom engagement. You will be called out to
respond to the readings assigned beforehand. The methodology will be primarily doctrinal with a
focus on case laws and statutes. However, we will take recourse to interdisciplinary tools to
understand concerns that are not adequately addressed by the doctrinal approach.

21
Classroom Policy:
Active participation in the classroom is encouraged. You are required to come prepared for every
class. Each of your work should show a commitment to academic integrity. Plagiarism of any
kind will not be tolerated.

In the event any of you have any disability for which you may need any kind of assistance,
please reach out to me on my email address given above.

We will be discussion issues that may be outside our comfort zones. I urge each one to articulate
their opinion in a considerate manner to ensure that the classroom is a safe space for academic
engagement for each of us.

USE OF CELL PHONE IS STRICTLY PROHIBITED IN THE CLASSROOM

You may use your laptops to refer to your readings. However, it should not be used for any other
purposes.

Evaluations Scheme:

Continuous Assessments : 20%


Court Room Exercise (CRE) : 10%
Project Essay : 20%
End Term Examination : 50%

Course Overview

Module I: Introduction
Week 1: Introduction to the Course: Unpacking Patriarchy and Caste
Week 2: Introduction to the ideas of „family‟

Module II: Validity of Marriages under Hindu and Muslim Personal Law
Weeks 3 and 4: The Validity of Marriages under the Hindu Marriage Act, 1955 and Prohibition
of Child Marriage Act, 2006
Week 5: Muslim Marriage: Essentials and Validity

Module III: Christian Marriage, Special Marriage and Foreign Marriage Laws
Week 6: Christian Marriage and Divorce Laws, and Laws Applicable to Special and Foreign
marriages.

Module IV: Matrimonial Reliefs


Week 7 & 8: Restitution of Conjugal Rights under Personal Laws
Weeks 9 & 10: Divorce under HMA and SMA

Module V: Custody, Guardianship, Adoption and Surrogacy


Week 11: Custody and Guardianship
Week 12: Adoption and Surrogacy

22
Module VI: Maintenance
Week 13: Maintenance under Hindu and Muslim Law, and under the Domestic Violence Act,
2005
Week 14: Maintenance in Non-Marital Relationships

Module VII: Matrimonial Dispute Resolution


Week 15: Family Courts, ADR & Family Law

Module VIII: Conclusion


Week 16: The Future of family
Week 17: Revision

Reading Materials:
The following Bare Acts should be available with everyone for every class. I recommend you to
keep a copy of “Marriage & Divorce Laws” by either Universal or Professional publications.

Essential Bare Acts:


 Dissolution of Muslim Marriages Act, 1939
 Divorce Act, 1869
 Dowry Prohibition Act, 1961
 Family Courts Act, 1984
 Foreign Marriages Act, 1969
 Guardians & Wards Act, 1890
 Hindu Adoptions & Maintenance Act, 1956
 Hindu Marriage Act, 1955
 Hindu Minority and Guardianship Act, 1956
 Juvenile Justice Act, 2000
 Maintenance and Welfare of Parents and Senior Citizens Act, 2007
 Muslim Person Law (Shariat) Application Act, 1937
 Muslim Women (Protection of Rights on Divorce) Act, 1986
 Parsi Marriage & Divorce Act, 1936
 Prohibition of Child Marriage Act, 2006
 Protection of Women from Domestic Violence Act, 2006
 Special Marriage Act, 1953
 Select provisions from IPC, CrPC and Protection of Children form Sexual Offences Act,
2012

Recommended Books:
In the addition to the compulsory reading that will be circulated, the following textbooks maybe
referred for the course. The list is indicative and not exhaustive.

23
1. Agnes,Flavia,Family law II: Marriage, Divorce, and Matrimonial Litigation. New Delhi:
Oxford University Press, 2011.
2. Mahmood, Tahir (ed.), A.A. Fyzee’s Outlines of Muhammedan Law, 3rd ed.New Delhi:
Oxford University Press, 2008.
3. Mayne, John Dawson,Treatise on Hindu Law and Usage, 17th ed., Cambridge: Harvard
University Press, 2014.
4. Mulla, D.F., Mulla: Hindu Law. Satyajeet A. Desai, ed, 21st ed., New Delhi: Lexis Nexis
Butterworths, 2013.
5. Mulla, D.F., Mulla: Principles of Mahomedan Law. 20th ed.,Cambridge: Harvard University
Press, 2014.

24
SUBJECT: COMPANY LAW-II

FACULTY: VARENDYAM JAHNAWI TIWARI

Description Of The Course: Company Law in National Law University, Jodhpur is divided into
two parts - Company Law-I and II and is a compulsory course offered to UG law students.
Company law is considered to be the foundation of Corporate and business laws. The objective
of this course is to build an understanding of the basic as well as the advanced and technical
aspects of company law. This paper will also help student acquire knowledge and develop
understanding of the regulatory framework of companies with reference to various provisions of
Companies Act and its schedules, rules, notifications, circulars, clarifications there under
including case laws and Secretarial standards. The course Company Law- II is an extension of
the course on Company Law and the concepts taught in Company Law –I are vital to understand
the second part of the course which aims to highlight the recent and modern aspects of company
law, concentrating on those aspects that are both intellectually challenging, and of practical
importance. The course also attempts to place the legal rules in their present commercial context.
The paper needs to be taught in light of the New Companies Amendment Act 2013. The
Companies Act 1956 has not been repealed. The New Act of 2013 is made applicable by
notifications as to particular sections by the Ministry of Company Affairs. The notified sections,
which replace the provisions of Companies Act 1956, will be highlighted.

TEACHING METHODOLOGY
As per the norms in this subject there will be 6 classes per week. Teaching Methodology will
include Lecture-cum- case discussion, CRE, Assignments / Mid-Term, and Presentations.
SPECIFIC GRADE DETERMINATION CRITERIA:
 Continuous Assessment 20%

 Court Room Exercise 10%


 Mid Term 20%

 End Term 50%

25
COURSE OUTLINE
Module 1: Company Proceedings
1. Meetings & Quorum Requirements
a) Statutory General Meeting
b) Annual General Meeting
c) Extraordinary General Meeting
d) Class Meetings
2. Voting & Resolutions
a) Appointment, powers and functions of Chairman
b) Proxy Voting

Module 2: Company Management


1. Directors – Concept And Role
a) Directors – Concept
b) Legal position
c) Kinds of Directors under the 2013 Act
d) Role of Directors
e) Duties of Directors
2. Independent Director- relevance, code of ethics
a) Concept
b) Qualification, Appointment and Removal
c) Powers, Duties and Liabilities

MODULE 3: Majority Rule And Minority Protection

1. Majority Powers and Minority Rights


a) Principle of Non-Interference (Rule established in Foss v Harbottle)
b) Exception to the rule (Rule established in Foss v Harbottle)
2. Minority Protection
a) Protection against Oppression
b) Protection against Mismanagement
c) Class Action Suits under 2013 Act

26
3. Minority Squeeze Out
a) Concept
b) Relevance

MODULE 4: Criminal Liability And Social Responsibility Of Corporations

1. Corporate Criminal Liability


a) Concept
b) Theories
c) Evolution
2. Corporate Social Responsibility
a) Concept
b) Position in India
c) Challenges faced in the evolution
d) CSR and Companies Act 2013

MODULE 5: Corporate Reconstruction

1. Mergers and Acquisitions


a) Concept
b) Compromise and Arrangements
c) Mergers and Amalgamations
d) Demerger
e) Slump Sale
2. Takeover
a) Concept - Takeover
b) Hostile and Friendly Takeover
c) Defences to Takeover

MODULE 6: Corporate Collapse

1. Winding Up

27
a) Concept
b) Kinds of Winding Up
c) Winding up under Companies Act,2013
2. Voluntary Liquidation
a) Concept- Insolvency Resolution Process
b) Voluntary Liquidation under IBC,2016
[Section- 59 of the Insolvency and Bankruptcy Code, 2016]

 LIST OF CASES:

1. The Sree Meenakshi Mills Co. Ltd v. The Assistant Registrar (1938] 1 MLJ 856.
2. In re: Maknam Investments Ltd. [1996] 87 Comp Cas 689 Cal.
3. Sumit Jain v. Alliance Dermatological (P) Ltd. [2009] 150 Com Case 198 (CLB).
4. Sadhan Kumar Ghosh v. Bengal Brick Field Owners' Assoc. MANU/WB/0299/2011.
5. Sri Ramdas Motor Transport Ltd. v. Karedla Suryanarayana 2002 110 Comp Cas 193.
6. Foss v. Harbottle, (1843) 2 Hare 461.
7. BSN (UK)Ltd v. Janardan Pillai, [1996] 86 Comp Cas 371 (Bom).
8. In re: Chloro Controls [2006] 131 Comp Cas 501 (Bom).
9. Needle Industries (India)Ltd v. Needle Industries Newey Holding AIR 1981 SC 1289.
10. Ved Prakash v. Iron Traders P. Ltd., [1961] 31 Comp Cas 122.
11. C. Vasudevamurthy v. Associated Oxides, [2009] 150 Comp Cas 339.
12. SVT Spinning Mills v. M. Palaniswami, [2009] 151 Comp Cas 233 (Mad).
13. J.P. Srivastava v. Gwalior Sugar, [2004] 122 Comp Cas 696 (SC).
14. Omni India v. Balbir Singh, [1989] 69 Comp Cas 903.
15. Syed Masharraf Mehdi v. Frontline Soft, [2007] 135 Comp Cas 280 (CLB).
16. S. P. Jain v. Kalinga Tubes Ltd AIR 1965 SC1535.
17. Radhabari Tea Co. v. Mridul Kumar Bhattacharjee and [2010]153CompCas579.
18. M.S.D.C. Radharamanan v. M.S.D. Chandrasekara Raja AIR2008SC1738.
19. Sangramsinh P. Gaekwad v. Shantadevi P.Gaekwad MANU/SC/0052/2005.
20. Batliboi v. Mideast Integrated Steels Limited 2012 Indlaw DEL 1391.
21. Aba Builders Limited and others v. Anjula Nagpal and others 2012Indlaw CAL 849.

28
22. Geo-Group Communications Inc v. IOL Broadband Limited 2009 Indlaw SC 2112,
(2010) 1 SCC 562.
23. Shanti Prasad Jain v. Kalinga Tubes 1965 SC 1535.
24. Raja Mundry Elect. Supply Corp. v. Nageshwara Rao AIR 1956 SC 213.
25. N.I.I.Ltd. v. N.I.N.I.H. Ltd. AIR 1981 SC 1298.
26. In re. Bugle Press Ltd., (1961) 1 Ch 270.
27. In re. Helleric and General Trust Ltd., (1976) 1 WLR 123.
28. In re. NFU Development Trust Ltd., (1973) All ER135.
29. Hindustan Lever Employees Union v. Hindustan Lever Ltd.1995 Supp (1) SCC 499.
30. Miheer H. Mafatlal v. Mafatlal Industries Ltd. (1997) 1 SCC 579.
31. Sesa Industries Ltd v. Krishna Bajaj AIR 2011 SC 1070.
32. AIG (Mauritius) LLC v. Tata Televentures (Holdings) Ltd. 103 [2003] DLT 250.
33. In re: Reliance Petroleum Ltd. [2010]154CompCas286.
34. SEBI v. Sterlite Industries (India) Ltd [2003]113CompCas273.
35. Reliance Natural Resources Ltd. v .Reliance Industries Ltd. (2010)7 SCC 1.
36. The Matter of Scheme of Arrangement of Era Buildsys Limited v. Era E-Zone (India)
Limited, 2012 Ind law DEL 2395.
37. In re: ACPL HR Services Private Limited and another 2012 Indlaw DEL 1913.
38. Malwa Cotton and Spinning Mills Ltd. v. Virsa Singh Sidhu 2008(11) SCALE 337.
39. Madhumilan Syntex Ltd. and Ors. v. Union of India AIR2007SC1481.
40. Iridium India Telecom Ltd. v. Motorola Incorporated AIR 2011 SC 20.
41. Standard Chartered v. Directorate of Enforcement. AIR 2005 SC 2622.
42. Assistant Commissioner v. Velliappa Textiles Ltd. (2003) 11 SCC 405.
43. Tesco Supermarkets Ltd. v. Nattrass [1972] AC 153 (HL).
44. Meridian Global Funds Management Asia Ltd. v. SEC [1995] 2 AC 500.
45. JK Industries v. Chief Inspector of Factories and Boilers. (1996) 6 SCC 665.
46. In re. Pervil Gold Mines, (1898) 1 Ch 122.
47. State of Madras v. Madras Electric Tramway Ltd, Air 1956 Mad 131.
48. State Trading Corporation India Ltd. v. Punjab Tannaries Ltd, (1989) 66 Co. Cases 634.
49. Kedia Industries Ltd. v. Star Chemical Ltd. (1999) 98 Co. Cases 233.
50. Ajay G. Podar v. OL of JS &WM and others (2008) 3 Comp LJ 464 SC.

29
51. Ratanbali Capital Market Ltd. v. SEBI AIR 2008 SC 290.
52. Ajay G. Podar v. OL of JS &WM and others, (2008) 3 Comp LJ 464 SC.
53. M/s. Vijay Industries v. M/s. NATL Technologies Limited, AIR 2009 SC 1695.
54. IBA Health (India) P. Ltd. v. Info-Drive systems [2010] 155 COMP CAS 323.

 Suggested Readings :

Reading Material (Textbook And References)


Legislations:

a. Companies Act 2013 and 1956


b. Companies (Amendment) Act, 2015 and Companies (Amendment) Bill, 2016
c. Insolvency and Bankruptcy Code,2016
d. Securities and Exchange Board of India Act, 1992
e. SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009
f. Depositories Act, 1996
g. Securities Contract Regulation Act, 1956
h. Secretarial Standards by ICSI
i. Foreign Exchange Management Act,1999
j. Competition Act,2002
k. The Sick Industrial Companies (Special Provisions) Act, 1985

Books:

1. Anantharaman K S, Lectures on company Law & Competition act, Butterworths


Wadhwa, Nagpur, 10lh edn, 2009.

2. C.R. Dutta, Company Law(Lex\s Nexis, Butterworths, Nagpur, 6th Ed.,2008).

3. Davis Paul. L., Gower's Principles of Modern Company Law (Sweet and Maxwell,
London, 6[h ed. 2003).

4. Denis Fox & Michel Bown, The Law of Private Companies, Sweet
&MaxweIl,London,1991.

5. Gower & Davies, Principles of Modern Company Law.

30
6. Handbook on Mergers & Amalgamation, ICSI, New Delhi, 2007.

7. John Birds & A.J.Boyle, Boyle & Birds Company Law, Universal Law Publication Co.
Ltd., Delhi 1997.

8. K.I. Chandratre, Company Meetings (Lexis Nexis, 2009, Nagpur).

9. Len Sealy, Cases and Materials in Company Law, (Oxford University Press, Oxford,
Newyork, 2007).

10. M.C. Bhandari, Guide to Company Law procedures, Part I (1996).

11. Majumdar, A.K., Kapoor, G.K., Company Law and Practice, Taxman Pub. Pvt. Ltd., New
Delhi, 20th ed., 2015.

12. Mayson, French & Rayon, Company Law, Oxford University Press,Oxford, 20th ed.2003.

13. Nicholas Bourne, Principles of Company Law, Cavandish Publications Ltd., London, 3rd
ed.1998.

14. Palmer, Company Law.

15. R.R. Pennington, Company Law (Oxford University Press, United Kingdom, 2001).

16. Ramaiya, Guide to Companies Act, (Wadhwa, Nagpur, 2003).

17. Sampat, K.R., Law and Procedure for Mergers, Amalgamations,Takeovers and
Corporate Restructure (Snow White Publisher, 2005).

18. Sethana, Jehangir M, Indian Company Law, Modern Law Publication, New
Delhi, 2005.

19. T.P. Ghosh, Companies Act 2013.

20. Watson & Samuel, Mergers And Acquisitions(Tata McC-raw Hill, New Delhi, 2002).

Journals:
1. Chartered Secretary: ICSI, New Delhi.
2. Student Company Secretary: ICSI, New Delhi.
3. Corporate Law Adviser.
4. Company Law Journal.
 ADDITIONAL NOTES:

a) The latest edition of all the books referred to above should be read.
b) The provisions of the Companies Act 2013 will be applicable for each and every module.

31
c) Apart from the cases that have been mentioned above, the students are also advised to take
note of the other cases mentioned in the books and discussed in the class.
d) Latest cases will be provided during the administration of the course.
e) The reading materials mentioned herein are not exhaustive, and merely preliminary and
suggestive. The reading materials, which may not be mentioned herein, and their selected
portions required to be minimally read for a particular topic would be communicated to the
class in advance on need to know basis.

32
SOCIOLOGY III-LAW AND SOCIETY
FACULTY- Dr. ASHA BHANDARI

INTRODUCTION AND OBJECTIVES OF THE COURSE: Law is a social institution. Law


has its roots in the needs and interest of human race, therefore it becomes the duty of the legal
professionals to serve those needs and protect those interests to the bests of his ability.
Consequently the immediate result of this attitude will be an interpretation of current issues of
society. The present Indian Society is best with several social issues of great magnitude like
Family disorganization, community disorganization, racial problems, various socio-ethical
problems like abortion, live in relationship, euthanasia, same sex marriage, surrogacy, etc.
Social scientists study these complex, ever-changing phenomena which originate in the countless
interactions that take place between people every day. In this backdrop the interdisciplinary
nature of this course emphasizes the complexity and interrelationship of legal, social, and ethical
issues in contemporary context. The purpose of this course is to enhance students‟ critical
analysis of social issues related to law and of the legal implications of policy and decision-
making in their major fields of study.

Objectives
 To focus upon the socio-legal dynamics of contemporary social issues in Indian
society
 To critically analyze the limits of relationship between law and social change.

TEACHING-LEARNING METHDOLOGY
 Lecture cum discussion
 Class Presentation

EVALUATION SCHEME
 Continuous Assessment 30%
 Project 20%
 End Term 50%

33
COURSE OUTLINE

Module I-Law and Society

 Socialist thought on law and justice


 Law and social transformation in Morden India
 Constitutional text as a mechanism for social change and social justice
 Constitutional amendments and social transformation
 Judicial process as social ordering
 Social legislation as an instrument of social change.

Recommended Readings

 Sathe S.P, Constitution as instrument of social change, Economic and Political weekly, Vol.
36, Issue No. 12, 24 Mar, 2001
 Mohan Ajitesh, Social Transformation: Interplay between Law and Social Change (with
Special Reference to India) available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1501262
 Ommmen T K & Venugopal C. N, Sociology for law students, Eastern Book Company ,
2010, pp 221-243
 Singh Yogendra, Law and social change in India: a sociological perspective, available at
14.139.60.114:8080/jspui/.../Law%20and%20Social%20Change%20in%20India.pdf.
Upendra Baxi,Towards a Sociology of Indian Law, Satvahan Publications, Delhi,1986
pp 45-65
 Introduction to social
justice,shodhganga.inflibnet.ac.in/bitstream/10603/27358/5/05_chapter-1.pdf

Module Ii-Socio-Ethical Issues In India Society


 Abortion, Female feticide and Infanticide-The problem of Abortion Today, The basic
argument and response, Sentience-A bad argument, feminist argument, the foetus, the
person, and the Person, Abortion, law and public Good., son preference as social custom,
sociology of female feticide and infanticide, Ban on sex determination and sex-selective
abortions, PCPNDT, Medical terminal of pregnancy bill (2014)

34
 Euthanasia: Variety of Euthanasia, voluntary, non voluntary. active, passive, ordinary,
extraordinary, means, death, brain death. Impact on family- socio economic arguments,
Current legal position in India and comparison with other countries
 Suicide: Oral permissibility, the deontological argument from the sanctity of life,
Utilitarian and role based arguments, autonomy, Rationality and responsibility, legal
status (section 309 IPC) decriminalization of attempt to suicide.
 Surrogacy-Socio- legal dimensions of surrogacy in India, Commercial surrogacy –case
studies from India, mother –child relationship , Impact on society, surrogacy regulation
bill (2016)

Recommended Readings

1. V. Ramya Rajasri Kumar,Sociological Analysis of Euthanasia, Indian journal of legal


philosophy. Vol 2 issue 2, 2014, pp132-146
2. Aneeta A Minocha, Arima Mishra, Vivek R Minocha ,Euthanasia: a social Science
Perspective, Economic and Political Weekly,Vol. 46, Issue No. 49, 2011
3. Mrinal Barua,Surrogacy Debate, Economic and Political Weekly Vol 51, Issue No 37, Sep
2016
4. Dalia Bhattacharjee,Bans, „Altruism‟ and the Women Involved: Commercial Surrogacy in
India, Economic and political weekly, Vol. 51, Issue No. 14, 02 Apr, 2016
5. Jaising, Indira, C. Sathyamala and Asmita Basu. 2007. “From the abnormal to the
normal: Preventing sex selective abortions through the law”. New Delhi, India:
Lawyers Collective (Women's Right Initiative).
(http://www.lawyerscollective.org/files/From%20the%20Abnormal%20to%20the%...)
6. Sugandha Nagpal, Sex-selective Abortion in India: Exploring Institutional Dynamics
and Responses, McGill Sociological Review, Volume 3, February 2013, pp. 18-35.
7. Matt Wray, Cynthia Colen and Bernice Pescosolidon, The Sociology of Suicide, Annual
Review of Sociology, Vol. 37: 505-528 2011
8. Seth Abrutyn,Anna S. Mueller, The Socioemotional Foundations of Suicide,
Microsociological View of Durkheim’s Suicide, Sociological theory, Sage publication

35
Module III- Custom, Law And Indian Social Context
 Honor Killing -Socio- cultural context of honor killing-patriarchy, power, family structure,
women as a property, cultural relativism, Role of khap panchayat, custom, law and social
control, legislative and constitutional measures.
 Witchcraft-Community life, magic and social construction of witchcraft, a case of female
violence, factors for cultured practice of witchcraft, socio-legal dilemma, legal status in
India.
 Child marriage-Socio-economic factors for child marriage-Economics of marriage, gender
norms, age as axis of power, consequences of child marriage, child marriage in India,
achievement, gap and challenge, child marriage restraint Act 2006- does custom prevail over
law?
 Dowry: A custom or commercial aspect of marriage, dowry and concept of stridhan, dowry
and domestic violence, dowry deaths- legal position and judicial interpretation (dowry
prohibition act 1961- does serve the purpose? dowry in contemporary India

Recommended Readings

1. Satnam Singh Deol Honor Killings in Haryana State, India: A Content Analysis
International journal of criminal justice sciences vol 9(2) 192-208
2. Suraj Bhan Bharadwaj, 'Myth and reality of the khap panchayats: a historical analysis of
the panchayat and khap panchayat,'Studies in History,( Sage Journals) vol. 28, no. 1
(2012): 43–67
3. SuruchiThapar-Björkert and GurchathenSanghera,The ascendancy of the Khap
Panchayats in Contemporary India: Gender, Caste, Globalisation and Violence,
Intersections: Gender and Sexuality in Asia and the Pacific issue 34 March
2014 , http://intersections.anu.edu.au/issue34/thapar-jorkert_sanghera.htm
4. B Suresh Lal, Child Marriage in India- factors and Problems, International Journal of
Science and Research (IJSR) Volume 4 Issue 4, April 2015 www.ijsr.net
5. Sudeep Dasgupta , A Sociological Perspective of Dowry System in India Ind. J. of
Applied & Clinical Sociology 10 (4), 2015, 90-112,
6. Anuja Agarwal, Contemporary Practices of Witch Hunting: A Report on Social Trends
and the Interface with Law

36
https://a1papers.ssrn.com/sol3/papers.cfm?abstract_id=2660070Partners for Law in
Development (PLD)

Module IV Socio- Legal Debates In India


 Live –In Relationship-Meaning in the context, question of morality in light of social
position, Is Indian morality ready for it?, legal position in India.
 Same Sex Marriage – Same –sex marriage, law and society, arguments from sociological
point of view,( Hart-Delvin Debate), should same sex marriage be legalized in India,
Impact on society
 Marital- rape: Line between consent and coercion-, asymmetrical power relationship in
marriage, acceptance as a offence, Public- private divide, social and legal paradoxes
related to marital rape ,legal response
 Parenting and Legal Intervention-Models of parenting and impact on child personality,
child rights against parent abuse-socio-psychological analysis, does Indian society ready
for law against parent?(child rights vs parents rights)

Recommended Readings

1. Gupta. Bhavish &Gupta Meenu , Marital Rape: - Current Legal Framework in India and
the Need for Change, 2013 GJLS Vol. 1, No. 1 Galgotias Journal of Legal Studies
2. Swarupa Dholam, Socio- Legal dimension of live in relationship in India , available at
mja.gov.in/.../final%20article%20in%20both%20lan
3. Nayantara Ravichandran ,Legal Recognition of Same sex Relationships in India, Journal
of Indian law and society [vol. 5 : winter]

Module V- Revisiting The Law Related To Women, Elderly And Youth In India

 Women and Rights-Revisiting the rights and protection given to women in Indian, use
and misuse of rights-domestic violence act 2005, 488-A, Dowry prohibition Act, medical
termination on of pregnancy act 1971, sexual harassment of women at workplace
2013,judicial response of misuses of law

37
 Elderly Abuse-factors reasonable for elderly abuse, effect of elderly abuse, Maintenance
of parent and senior citizen act 2007-and analysis
 Youth, Alcohol and drugs- Extent, Causes and Problems of Alcoholism in youth, Anti
Liquor Movements., Control on Alcoholism, sociological causes of Drug Abuse in
adolescent, Role of Family and Peer Group in Drug Abuse.

Recommended Readings

1. Misuse of Legal rights by women, available at


https://static.mygov.in/.../mygov_14743661731015
2. Shankar Rao C.N, Sociology of Indian Society,S Chand& company Limited, New
Delhi,2012 ,pp 749-759
3. Shankar,Rao C.N. Sociology , S. Chand &Company Ltd., New Delhi, pp 557-561

Module VI-Law And Social Change

 Law as a tool of social engineering


 Court as an institution of social change
 Role of lawyers and social change
 Judicial Activism and social change
 Limits of law for change in society

Recommended Readings

1. Gandhi J.S Potential and parameters of social change through law in contemporary
Indian society in A podgorecki C Whelan and Khosla(ed) Legal system and social system
London Croom Helm 1985
2. Krishna Iyer V. R. Towards a Burgeoning Indian Jurisprudence of social action and
Public interest litigation, Indian Bar Review Vol 12 No 21970
3. Omdutt, Role Of Judiciary In The Democratic System Of India (Judicial Activism Under
The Supreme Court Of India) available online at www.aygrt.net ORIGINAL ARTICLE
GRT,, Volume 2, Issue. 3, Sept 2012 Golden Research Thought.

38
4. Myneni, S R, Sociology for law students, Allahbad Law Agency,Faridabad,2012,pp535-
549

SECONDARY READINGS
 Rama Jois M.,Ancient Indian Law- Eternal Values in Manu Smriti. Delhi: Universal
Publishing Co. 1989.
 Bhatnagar, Rashmi D., Renu Dube and Reena Dube. Female infanticide in India: A
feminist cultural history. New York: State University of New York Press.2005
 Dipankar Gupta, Mistaken Modernity: India Between Worlds, Delhi: Harper Collins,
2000, p. 27.
 Liddle, J., & Joshi, R Social Change in India. Delhi: Konark Publications.1986
 Patel, Tulsi. (Ed.). 2007. Sex-selective abortion in India: Gender, society and new
reproductive technologies. New Delhi, India: Sage Publications.
 Pandey, S.. Talking Tough: Khap Panchayats refuse to mend medieval
ways,2010,Deccan Herlad.
 Rao, M. Law Relating to Women & Children. Lucknow: Eastern Book Company. 2010
 Roohi, S., & Samaddar, R. Key Texts on Social Justice in India. New Delhi: Sage
Publications. 2009
 Sharma, A. 2004. Hinduism and Human Rights: A Conceptual Approach. New Delhi:
Oxford University Press.2004
 Singh, D. . Human Rights Women & Law. Faridabad: Allahabad Law Agency. 2005
 Sathe, S. P., Judicial Activism in India, 2008, Oxford, New Delhi.
 Saxena D.R., Law, Justice and Social Change, 1996, Deep and Deep Publications, New
Delhi.
 Sehgal B.P. Singh, Law, Judiciary and Justice in India, 1993, Deep and Deep
Publications, New Delhi.
 Sharma Ram Avtar, Justice and Social order in India, 1984, Intellectual Publishing
House, New Delhi.
 The Supreme Court of India as an Instrument of Social Justice, 1976, Sterling
Publications Pvt. Ltd., New Delhi.

39
ECONOMICS III
THEORIES OF DEVELOPMENT AND INDIAN ECONOMY
FACULTY - Dr. KRANTI KAPOOR

Objectives: This course has been introduced with an aim to enlarge the vision of the students of
law regarding the changes in the international arena, more especially in the post liberalized and
post globalized times. It also provides an insight into examining the problems of economic
growth and development in the less developed countries and analyzing the causes of growth in
such parts of the world. It is an attempt to enable the students of the law course to understand the
conditions conducive to economic growth and also its deterrents. This would not only facilitate
their knowledge of the contemporary issues of Indian economy but would also help in a better
understanding of the economic implications of the alternative development strategies and
policies. An effective planning and an appropriate policy framework required for development
and growth of Indian economy can be worked out only after a comprehensive knowledge of the
conditions and limitations of the economic system.

TEACHING METHODOLOGY

 Lecture cum Discussion


 Presentations

THE EVALUATION SCHEME

1. Continuous Assessment 30%


2. Mid Term Examination 20%
3. End Term Examination 50%

40
COURSE OUTLINE
PART A: DEVELOPMENT ECONOMICS

MODULE I: CONCEPTS AND MEASURES OF ECONOMIC GROWTH AND


DEVELOPMENT

 Meaning and objectives of economic growth and development,


 Traditional vs. new views of economic growth and development. (Sen‟s Capability
approach, Goulet‟s Views),
 Role of Women in Development-A case study of progresa/ opportunidades program
of Maxico
 Comparative Economic Development
 Defining the Developing World
 Some Basic Indicators of Development: GDP, Human development indices, Gross
National Happiness Index, Happy Planet Index, Genuine Progress Index,
 Sustainable Development Goals
 Economic Development and Institutions

Recommended Readings
1. .Thirlwall, A. P. (2006): Growth and Development, Eighth Edition, Palgrave
Macmillan, New York pp ( 3-14,16-40)
2. Todaro, Michael P and Stephen C. Smith (2012): Economic Development, Tenth Edition,
Pearson . (Chapter 1 and 2)
3. 2016 HDR Report - | Human Development Reports hdr.undp.org/en/2016-report
4. World Happiness Report 2017worldhappiness.report/ed/2017/
5. Happy Planet Index: Which are the happiest, most sustainable nations ...
https://asiancorrespondent.com/2016/08/happy-planet-index-2016/
6. Sustainable development goals - United Nations
www.un.org/sustainabledevelopment/sustainable-development-goals/
7. Martha Nussbaum on Capabilities and Human Rights
https://people.wku.edu/jan.garrett/ethics/nussbaum.htm

MODULE II: THEORIES OF ECONOMIC GROWTH AND DEVELOPMENT

 Early Theories- Capitalism and Communism


 Classical Theories – The Linear Stages of Growth Models, Structural Change
Models, International Dependence Models, Neo Classical Counter Revolution
Models,
 Contemporary Theories – New Growth theory, Theory of Coordination failure

Recommended Readings
1. Thirlwall, A. P. (2006): Growth and Development, Eighth Edition, Palgrave Macmillan, New
York.

41
2. Todaro, Michael P and Stephen C. Smith (2012): Economic Development, Tenth Edition,
Pearson . (Chapter 3 and 4)

MODULE III: FACTORS AFFECTING ECONOMIC DEVELOPMENT

 Role of Resources: Human Capital, Physical and Financial Capital and economic
development.

 Population growth and and Development: Components and Determinants of Population


Growth, Population Pyramids, Malthusian Population Trap and the way out, Theory of
demographic transition, Demographic Dividend, Population-environment linkage, New
Population Policy (India)

 Natural Resources, Environment and development: Environment Ecology Linkage,


Market failure for environmental goods, Natural Wealth and Private Wealth – the
Lauderdale Paradox, Policies needed. Environment accounting, Right to Earth and Study
of Commons

 Poverty, Inequality, Migration and Urbanization

Recommended Readings

1. Todaro, Michael P and Stephen C. Smith (2012): Economic Development, Tenth Edition,
Pearson .
2. Meier, Gerald M. and James E. Rauch (2006): Leading Issues in Economic Development,
Eighth Edition, Oxford University Press, New York.

MODULE: IV: INTERNATIONAL ASPECTS OF ECONOMIC DEVELOPMENT

 International trade as engine of growth

 Static and Dynamic gains from international trade

 Protectionism vs. free trade and Economic Development

 Export led growth

 Post-GATT international economic order

 WTO and Developing Countries

Recommended Readings
1. Salvatore, Dominick (2001): International Economics, Seventh Edition, John Wiley & Sons,
Inc., pp 1-205.
2. Todaro, Michael P and Stephen C. Smith (2012): Economic Development, Tenth Edition,
Pearson

42
PART B – INDIAN ECONOMY

MODULE I: STRUCTURE OF THE INDIAN ECONOMY


 Basic Features
 Broad demographic features
 Occupational Distribution
 Infrastructure development
 National Income
 Regional Models of Development
 Planning in India- Debate Then and Now (Planning Commission vs. NITI Ayog)
 Make in India Concept, Demonetization

Reading Material:

 Balakrishnan Pulapre (2015): Kerala and The Rest of India: What We Can Learn From
Each Other‟s Development Experience, Economic and Political Weekly, Vol – L No.2,
January 10, 2015
 Gaurav Datta Ashwani Mahajan (2014), Indian Economy. S. Chand & Company Ltd.,
70th revised edition, New Delhi.
 Kapila Uma (2014): Indian Economy: Performance and Policies, ,14th edition Academic
Foundation
 Sen Amartya and Jean Dreze (2013): An Uncertain Glory: India and Its Contradictions,
Penguin Books Ltd.

MODULE II: AGRICULTURE IN INDIA

 Place of Agriculture in Indian economy.


 Agricultural Productivity – Causes of Low Productivity & Measures.
 A Journey from Dependency to Self Sufficiency in Agricultural production
 Sources of Agricultural Finance.
 Agricultural Marketing – Defects & Measures.
 Agricultural Distress-Causes and Measures
 Corporatization of Agriculture

Reading Material:

 Gaurav Datta Ashwani Mahajan (2014), Indian Economy. S. Chand & Company Ltd.,
70th revised edition, New Delhi.
 Kapila Uma (2014): Indian Economy: Performance and Policies, ,14th edition Academic
Foundation

43
.

MODULE III: INDUSTRIAL, SERVICE SECTOR AND FINANCIAL SECTOR IN


INDIA

 Strategy of Industrial Development and Industrial Policy in the pre and post liberalization
periods.
 National Manufacturing Policy: Industrial Corridors and their significance in India‟s
growth and development
 Contribution of Micro, Small and Medium Enterprises in India
 Labor Relations: Trade Unions
 Structure of Service Sector in India
 Growth Trends in Service Sector

Reading Material:

 Gaurav Datta Ashwani Mahajan (2014), Indian Economy. S. Chand & Company Ltd.,
70th revised edition, New Delhi.
 Kapila Uma (2014): Indian Economy: Performance and Policies, ,14th edition Academic
Foundation

Suggested Readings

Books

 Gaurav Datta and Ashwani Mahajan (2012): Indian Economy. S. Chand & Company Ltd.,
New Delhi.
 Misra & Puri - (2011) Indian Economy, Himalaya Publication house, Mumbai.
 Gopal and Suman Banhri (2013): Indian Economy Performance and Policies. Pearson
Publication Delhi.
 Kapila Uma (2014): Indian Economy: Performance and Policies, ,14th edition Academic
Foundation
 Sen Amartya and Jean Dreze (2013): An Uncertain Glory: India and Its Contradictions,
Penguin Books Ltd.

Articles

1. Akresh, Richard, Damien de Walque, and Harounan Kazianga. (2013). “Cash


Transfers and Child Schooling: Evidence from a Randomized Evaluation of the

44
Role of Conditionality.” World Bank Policy Research Working Paper 6340.
[Research summary]
2. Collier, Paul. (2009). “Development in Dangerous Places: A Forum on Global
Poverty and Intervention” Boston Review, July 9, 2009.
3. Deokar, Bipin K ans S L Shetty (2014): Growth in Indian Agriculture:
Responding to Policy Initiatives since 2004-05, Economic and Political Weekly,
June 28, 2014 vol XLIX Nos. 26 & 27
4. Kanan, K P and G Raveendran (2011): India‟s Common People: The Regional
Profile, Economic & Political Weekly, Vol XLVI No 38, September 17-23, pp 60-
73.
5. Kohli Vineet and R Ramkumar (2016): Economic Rationale of „Demonetisation‟-
Scrutiny of the Government‟s Claim, Economic and Political Weekly, Vol. 51,
Issue No. 53, 31 Dec, 2016
6. Kumar Arun (2017): Demonetization: Economic Consequences of
Demonetisation, Economic and Political Weekly,Vol. 52, Issue No. 1, 07 Jan,
2017
7. Ingle, Arun and P B Suryawanshi (2011): India‟s Demographic Dividend -
Issues and Challenges, Paper presented at the International Conference on
Technology and Business Management, March 28-30, 2011.
8. Mohanty B B (2013): framers Suicides in India: Durkheim‟s Types, EPW, May
25 Vol XIVIII, No 21
9. Oommen, M A (2012): “Understanding Human Development”, Economic &
Political Weekly, Issue: Vol 47 No. 7.
10. Sachs, Jeffrey. 2007. “Breaking the Poverty Trap” Scientific American, August
17, 2007. Banerjee, Abhijit and Esther Duflo. 2007. “The Economic Lives of the
Poor” Journal of Economic Perspectives, 21(1): 141-167.
11. Sen, Amartya (1981a,1982a), Poverty and Famines : An Essay on Entitlements
and Deprivation, Oxford, Clarendon Press,
12. Sen, Amartya (1995): Mortality as an Indicator of Economic Success and Failure,
Innocenti Lectures, UNICEF ICDC, Florence.
13. Sengupta, Arjun, K P Kanan, and G Raveendran (2008): “India‟s Common
People: Who Are They, How Many Are They and How Do They Live?”
Economic & Political Weekly, 15 March.
14. Sridhar, V (2006):Why do farmers commit suicide? Economic & Political
Weekly, Vol 41 No. 16 April 22 - April 28, 2006

45
SUBJECT: BUSINESS COMMUNICATION & ETHICS

FACULTY: DR.ARCHI MATHUR AND DR. VEDANTAM LEELA

OBJECTIVE OF THE COURSE

1. To equip the students with necessary concepts and skills of written and spoken
communication.
2. To familiarize the students with the ethical thinking and help students take ethical
decisions in business situations.

TEACHING & LEARNING METHODOLOGY

Lecture cum discussion


Case Studies
Assignments Writing
Presentation
Mid Term

THE EVALUATION SCHEME

 Continuous Assessment 30%


 Mid Term Examination 20%
 End term examination 50%
 Total 100%

46
COURSE OUTLINE

MODULE -1: Introduction to Communication: I

 Definition and Role of Communication


 Process of Communication
 Elements, Facilitators and Barriers of Communication
 Seven C‟s of Effective Communication

1. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 1, pg 42-62.
2. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall,1997; Chapter 1, pg 5-13.
3. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 8, pg 111-125.

MODULE -2: Introduction to Communication: II

 Types of Communication
 Communication Networks and Channels
 Cross Cultural Communication
 Corporate Communication

1. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 3.
2. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 2, pg 34-40 and Chapter 17.
3. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 9, pg 139-144 and chapter 10, pg
149-161.

MODULE 3: Communication Skills

 Art of Speaking
 Art of Listening
 Art of Conversation
 Art of Negotiation

1. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 1, pg 13-17.
2. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 3, pg 17-21, Chapter 4, 5 and 17.

47
MODULE 4: Non Verbal Communication

 Proxemics
 Haptics
 Oculesics
 Kinesics
 Olfatics
 Meta Communication and Paralanguage
 Chronemics

1. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 2, pg 85-88.
2. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 1, pg 20-26.
3. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 7, pg 95-105.

MODULE 5: Verbal Communication

o Oral Communication: Communication in formal and informal groups, Interviews,


Group discussions, Role Play
o Written Communication: Business Report , Memos, Show Cause Notice,
Disciplinary Proceedings, Circulars, Resume, Board Proceedings.

1. Bovee Courtland L., Thill John V and Schatzman Barbara E., Business Communication
Today, 7th Edition, Pearson Education, 2006; Chapter 12,13 14, 17 and 18.
2. Treece Malra and Kleen Betty A., Successful Communication for Business and
Management, 7th Edition, Prentice Hall, 1997; Chapter 12-15.
3. Chaturvedi P.D. and Chaturvedi Mukesh, Business Communication: Skills, Concepts,
and Applications, 3rd Edition, Pearson 2016, Chapter 13, pg 203-225.

MODULE 6: Introduction to Business Ethics

 What is business ethics


 Nature of Morality
 Normative theories of Ethics
 Distinction between Morality and Business Ethics
 Levels of Business Ethics
 Need for Ethical Reasoning in Business
 Can Business Ethics be Taught and Trained,
 Ethics Action and Cultural Values, Nurturing Ethical Mind

References:
1. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management Approach”,
3rd Edition, Thomson South-Western, 2003, Chapter 1 & 2, P 1- 69

48
2. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002, Chapter1
& 2, P 1- 82
3. Modh Satish, “Ethical Management”, McMillian India Limited, New Delhi, 2005,
Chapter 1 & 3, P 3-67

MODULE 7: Ethics in Practice


 Ethical Principles
 Ethical Decision Making Guidelines
 The Corporate and internal Stakeholders: Value-Based Moral Dimensions of
Leadership, Strategy, Structure, Culture and Self-regulation.

References:
1. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management
Approach”, 3rd Edition, Thomson South-Western, 2003, Chapter 3 & 4,P 71- 149
2. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002,
Chapter 3 & 4, P 83 - 122
3. Modh Satish, “Ethical Management”, McMillian India Limited, New Delhi, 2005, P
109 - 162

MODULE 8 - Designing workplace Ethics: Moral Choices vs. Issues of Self Interest
 Employer‟s and Employee‟s obligation to the firms
 Existing practices of Positive discrimination and affirmative Action.
 Ethical Decision making ethical considerations in employment relationships.
 Nurturing Value-based Management
 Challenges of implementing ethics in workplaces,

References:
1. Weiss Joseph.W, “Business Ethics: A Stakeholder and Issues Management Approach”,
3rd Edition, Thomson South-Western, 2003, Chapter 5, P 149 - 193
2. Shaw H William, “Business Ethics, 4th Edition, Thomson South-Western, 2002, P
Chapter 6 & 7, P 202-375
3. Modh Satish, “Ethical Management”, McMillan India Limited, New Delhi, 2005,
Chapter 6 & 7, P 71-89

49
SUBJECT: FINANCIAL MANAGEMENT
FACULTY: DR. RUCHI BHANDARI

Objectives: To acquaint the students with basic principles, tools and techniques, which are
applied in financial decision making.

Teaching Learning Methodology:


Lecture
Discussions
Classroom presentation
Case Study
Problem solving

Evaluation Criteria:
Continuous assessment : 30 %
Project : 20 %
End Term : 50 %

50
Course Outline

Module-1: Foundations of finance


 Financial Management – an overview
 Objectives of financial management
 Organization of finance function
 Emerging role of finance managers in India
 Basic concepts
 Time value of money
 Risk & Return

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 1,
2, 3.
2. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Tata McGraw-Hill Publishing Company Limited, New Delhi, Sixth
Edition, 2002, Chapter 1 and 5.

Module – 2: Long term investment decisions


 Capital Budgeting – Principles and techniques
 Concept and measurement of cost of capital
 Analysis of risk and uncertainty

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 9,
10.
2. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002, Chapter 9.

Module -3: Financing decisions


 Operating, financial and combined leverages
 Designing capital structure

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 18,
20.
2. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002, Chapter 17.

51
Module -4: Dividend decisions
 Dividend and valuation
 Determinants of dividend policy
 Different dividend models
 Bonus shares and stock splits

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 30,
31.
2. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002, Chapter 18.

Module -5: Current assets management


 Theory of working capital management
 Planning of working capital
 Working capital financing
 Management of cash & marketable securities
 Receivables management
 Inventory management

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 13-
17.
2. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002, Chapter 19-21.

Module – 6: International Finance


 Foreign exchange markets
 Foreign exchange dealings
 Determinants & selected theories of exchange rates
 Foreign exchange exposure & risk management
 International financial management

References:
1. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007, Chapter 34-
36.
2. Van Horne J C, Financial management & Policy, Prentice Hall of India, Twelfth Edition,
New Delhi, 2002, Chapter 25.

Suggested References:

52
1. Banerjee B., Financial Policy and Management Accounting, PHI Learning Private
Limited, New Delhi, Eighth Edition, 2010.
2. Brigham E., References in Managerial Finance, Holt Rinehart & Winston, New York,
2001
3. Donald H. Chew, Jr., The New Corporate Finance: Where Theory Meets Practice, Mc-
Graw Hill International Editions, Singapore, 1999.
4. Friedland S., The Economics of Corporate Finance, Prentice Hall, Englewood Cliffs,
1966
5. Khan M Y and Jain P K, Financial Management – Text, Problems and Cases, Tata
McGraw-Hill Publishing Company Limited, New Delhi, Fifth Edition, 2007.
6. Kishore Ravi M., Financial Management, Taxmann Allied Services (P.) Ltd., New Delhi
Sixth Edition, 2007.
7. Levy, H and M Sarnat, Principles of Financial Management, Prentice Hall, Englewood
Cliffs, 1990
8. Ross Stephen A., Randolph W. Westerfield, Bradford D. Jordan, Fundamentals of
Corporate Finance, Sixth Edition, Tata McGraw-Hill Publishing Company Limited, New
Delhi, 2002.
9. Van Horne J C, Financial Management & Policy, Prentice Hall of India, Twelfth Edition,
New Delhi, 2002.

53

Вам также может понравиться