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F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27, 2017
COURSE PLAN
Approved By
Formatted: Left
_________________ _________________
Program Head HOD Dean
Program Head Director
Energy Laws Taxation, Banking, SOL
Insurance, Finance
& International Trade
Duration: Jan – May 2018 Subject code: LLBL 441 Formatted: Indent: Left: 0"
Formatted: Indent: Left: 0"
A. COURSE OBJECTIVES:
B. COURSE OUTCOMES:
Program Course’s The students The students The The The students Formatted: Normal, Left, Line spacing: single, No bullets or
Specific Intended will be able to will be able students students will be able numbering
to
ISLOs Student understand the to will be will be Integrate Formatted: Normal, Line spacing: single, No bullets or
the
for Learning functioning understand able to able to knowledge numbering
of
BAcom., Outcomes the banking andFormatted: Normal, Line spacing: single, No bullets or
and the guiding analyze Identify numbering
LL.B., and resolve insurance laws
governance of principles different Formatted Table
EnergyT the issues with
axation banking and and laws on
of Banking contemporary Formatted: Font: Times New Roman, Font color: Black
Laws insurance applicable banking
and national and
Formatted: Font: Times New Roman, 12 pt
sector.Through doctrines of and international Formatted: Font: Times New Roman, 12 pt
Insurance
this course selected Insurance developments.
Law.
students will subfields of in India Formatted: Line spacing: single
able to analyze Banking and and their
different laws Insurance implicati
on banking and Law. on on
Insurance in Further the various Formatted: Font: 12 pt, Font color: Auto
India and their students will individua
implication on be able to l and
various understand corporate
individual and the guiding activities.
corporate principles Students Formatted: Font: 12 pt, Font color: Auto
activities.. and will be
applicable able to
doctrines of deal with
selected problems
subfields of related to
Banking and contracts
Insurance on their
Law. own and
understan
d the
Indian
Contract
Act’s
interplay
with
certain
other
ancillary
statutes.
Continuous Assessment
Description Weightage
doctrines of selected
subfields of Banking and
Insurance Law.Students
will become familiar
with the statutory
provisions and will be
able to understand the
various types of real-life
situations they come
across. General
Principles of Law of
Contract.
The students will be able to
analyze different laws on
banking and Insurance in
India and their implication
on various individual and
corporate activities
Students will be able to
deal with problems related
to contracts on their own
and understand the Indian
Contract Act’s interplay
with certain other ancillary
statutes.
Program Course’s The students The students The The The students
Specific Intended will be able to will be able students students will be able to
ISLOs Student understand the to will be will be Integrate the
for Learning functioning understand able to able to knowledge of
B.Com., Outcomes and the guiding analyze Identify the banking and
LL.B., and resolve insurance laws
governance of principles different
Taxation the issues with
Laws banking and and laws on
of Banking contemporary
insurance applicable banking
and national and
sector. doctrines of and international
Insurance
selected Insurance developments.
Law.
subfields of in India
Banking and and their
Insurance implicati
Law. on on
various
individua
l and
corporate
activities.
Description Weightage
1. Introduction
1.1 Evolution and Historical Development of Banking in India,
1.2 Nationalization and post Nationalization developments: various Formatted: Indent: Left: 0.5", Hanging: 0.38"
committeesof Banks,
1.3 Kinds of Banking Institutions
2.1. The Reserve Bank of India Act, 1934
2.1 RBI Structure,
2.2 Departments and Control by the Central Government,
2.3 RBI’s Power of Inspection and Issue of Directions,
2.4 An overview of the Monetary Policy of the Central Bank,
2.5 Instruments and Modes of Credit Control,
2.6 RBI and the Call Money Market
a. 3.1 Defining and calculation of Non-Performing AssetConceptual Analysis, Formatted: Font: (Default) Arial, 12 pt
Formatted: Indent: Left: 0", Hanging: 0.31", Outline
2.1 numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.19" + Indent at:
2.2 3.2 Recovery of Debts due to Banks and Financial Institutions Act, 1993, 0.44"
D. PEDAGOGY
Lecture
Discussions
Term Paper/Project
Reading Groups
Workshops
Viva Voce
Presentations (Paper/ Project)
Case Study
Chalk and talk
Random Questioning
Reflections
Case Analysis
Reaction Papers
Five components will be used for internal assessment for this course (Total 100
marks), the details of each component is as follows:
a) Class Tests: There will be two class tests which may be surprise tests.
Tests carry 20% weightage.
b) Projects: Weightage 20 %. Each student is asked to prepare a topic from
the Project List attached as Annexure-II herewith and finally prepare a
project. Students are encouraged to write research papers and publish
them.
c) Reaction Paper: Each student has to select a published research
article/paper relating to banking or insurance law in consultation with the
faculty and submit the reaction paper (not more than 2000 words). It will
carry weightage of 20 %.
d) Viva: A viva of the whole syllabus and the project will be conducted
towards the end of the semester. It will have 20% weightage.
67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks
Mid- Sem examination shall be of two hour duration and shall be a combination of
objective, short, analytical and problem based questions.
Student has to secure minimum 40% marks of the “highest marks in the class
scored by a student in the subject (in that class/group class)” individually
in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in
the paper.
Attendance
Cell Phones and other Electronic Communication Devices: Cell phones and
other electronic communication devices (such as Blackberries/Laptops) are not
permitted in classes during Tests or the Mid/Final Examination. Such devices
MUST be turned off in the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a
password to access the LMS system regularly. Regularly, important information –
School of LawCollege of Legal Studies Jan.-May. 20187
Date of conducting class tests, guest lectures, syndicate sessions etc. to the class
will be transmitted via e-mail/LMS. The best way to arrange meetings with us or
ask specific questions is by email and prior appointment. All the assignments
preferably should be uploaded on LMS. Various research papers/reference
material will be mailed/uploaded on LMS from time to time.
Introductory
Course Plan Lecture
Introduction to the
Chalk & Talk
1. course
ASSIGNMENT & Examples
PROJECTS Discussion
PPT
1. ICSI, BANKING AND
MODULE 1. GENERAL
INSURANCE LAW AND Presentations,
OVERVIEW OF PRACTICE, Taxmann
Discussions,
DEVELOPMENT OF Publications (P.) Ltd., New
Delhi, pp. 3-23. Illustrations,
BANKING WITH FOCUS
ON RBI’S ROLE AS THE 2. M.L. Tannan, TANNAN'S Case Study
BANKING LAW AND
CENTRAL BANK OF
PRACTICE IN INDIA, (2000)
INDIA India Law House, New Delhi,
pp. 1-17, 304-329.
2. Evolution and Historical
Development of Banking in 3. Avtar Singh, BANKING
AND NEGOTIABLE
India, Nationalisation of INSTRUMENTS, Eastern
Banks and post Book Company (P.) Ltd.,
nationalization Lucknow, pp. 3-16.
Relevant cases:
Relevant cases:
Relevant case:
PPT
Relevant case:
Relevant case:
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi.
Relevant Cases:
Backhouse v. Charlton
(1878) 8 Ch D 444
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi.
Relevant Cases:
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi.
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi.
1. THE SECURITISATION
AND RECONSTRUCTION
OF FINANCIAL ASSETS
Module 3. AND ENFORCEMENT OF
SECURITY INTEREST ACT,
Recovery of Debts due to 2002.
Banks and Financial 2. B. N. Banerjee, GUIDE
Institutions Act, TO SECURITISATION
PPT
1993,SECURITISATION, RECONSTRUCTION OF
FINANCIAL ASSETS AND Presentations,
ASSET
ENFORCEMENT OF
11. RECONSTRUCTION AND SECURITY INTEREST, Discussions,
ENFORCEMENT OF Wadhwa and Company,
Nagpur. Illustrations,
SECURITY INTEREST :
3. ICSI, BANKING AND Case Study
Defining and calculation of INSURANCE LAW AND
NPA.Conceptual Analysis, PRACTICE, Taxmann
Publications (P.) Ltd., New
Merits and demerits of
Delhi, p. 190.
Securitization,
4. M.L. Tannan, TANNAN'S
BANKING LAW AND
PRACTICE IN INDIA, (2000)
India Law House, New Delhi,
Relevant Cases:
1. THE SECURITISATION
AND RECONSTRUCTION
OF FINANCIAL ASSETS
AND ENFORCEMENT OF
SECURITY INTEREST ACT,
2002.
2. B. N. Banerjee, GUIDE
TO SECURITISATION
Conceptual Analysis,
RECONSTRUCTION OF
Merits and demerits of FINANCIAL ASSETS AND
Securitization, Mechanism ENFORCEMENT OF
12. SECURITY INTEREST,
of Securitization, Pass
Wadhwa and Company,
through and pay through Nagpur.
Securities
3. ICSI, BANKING AND
INSURANCE LAW AND
PRACTICE, Taxmann
Publications (P.) Ltd., New
Delhi, p. 190.
Relevant Cases:
1. THE SECURITISATION
AND RECONSTRUCTION
OF FINANCIAL ASSETS
AND ENFORCEMENT OF
SECURITY INTEREST ACT,
2002.
2. B. N. Banerjee, GUIDE
TO SECURITISATION
RECONSTRUCTION OF
FINANCIAL ASSETS AND
Security Interests under ENFORCEMENT OF
13.
SARFESI Act of 2002, SECURITY INTEREST,
Wadhwa and Company,
Nagpur.
1. THE SECURITISATION
AND RECONSTRUCTION
OF FINANCIAL ASSETS
AND ENFORCEMENT OF
SECURITY INTEREST ACT,
2002.
2. B. N. Banerjee, GUIDE
TO SECURITISATION
RECONSTRUCTION OF
FINANCIAL ASSETS AND
ENFORCEMENT OF
SECURITY INTEREST,
Wadhwa and Company,
Asset Reconstruction
Nagpur.
Enforcement of Companies
14. (ARC) in India, Global 3. ICSI, BANKING AND
INSURANCE LAW AND
Experience of Asset PRACTICE, Taxmann
Reconstruction Companies Publications (P.) Ltd., New
Delhi, p. 190.
2. M. L. Tannan, TANNAN'S
BANKING LAW AND
PRACTICE IN INDIA, (2000)
India Law House, New Delhi,
pp. 18-21, 725-760, 761-
1101, 1540-1581, 1799-
1817, 1882-1914, 1915-
2009.
Module 4. OTHER
3. Avtar Singh, BANKING PPT
LEGISLATIVE
AND NEGOTIABLE
PROVISIONS INSTRUMENTS, Eastern Presentations,
REGULATING BANKING Book Company (P.) Ltd.,
Discussions,
15. ACTIVITIES: Consumer Lucknow, pp. 265-300.
Protection Laws for Bank 4. Anjani Kant, LECTURES Illustrations,
Customers, ON BANKING LAW FOR
Case Study
LAW STUDENTS, Central
Law Publications, Allahbad,
Banking Ombudsman
pp. 254-259.
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp. 3-78,
149-162, 193-313, 355-475.
Relevant Cases:
1. M. L. Tannan, TANNAN'S
BANKING LAW AND
PRACTICE IN INDIA, (2000)
India Law House, New Delhi,
pp. 18-21, 725-760, 761-
1101, 1540-1581, 1799-
1817, 1882-1914, 1915-
2009.
Relevant Cases:
Presentations,
17. Negotiable Instruments Negotiable Instruments Act, 1881
Discussions,
Illustrations
2. M. L. Tannan, TANNAN'S
BANKING LAW AND
PRACTICE IN INDIA, (2000)
India Law House, New Delhi,
pp. 18-21, 725-760, 761-
1101, 1540-1581, 1799-
1817, 1882-1914, 1915- PPT
2009. Presentations,
Information Technology
3. Avtar Singh, BANKING Discussions,
18. Laws as applicable to AND NEGOTIABLE
banking, INSTRUMENTS, Eastern Illustrations,
Book Company (P.) Ltd.,
Lucknow, pp.303-447. Case Study
5. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp. 3-78,
149-162, 193-313, 355-475.
PPT
Micro Finance, Self Help 1. ICSI, BANKING AND
INSURANCE LAW AND Presentations,
19. Groups, Non Funded
PRACTICE, Taxmann
Discussions,
Credit Facilities: Letters of Publications (P.) Ltd., New
Credit and Guarantees, Delhi, pp. 68-73, 101-118. Illustrations,
4. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp. 3-78,
149-162, 193-313, 355-475.
Relevant Case:
4. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp. 3-78,
149-162, 193-313, 355-475.
Relevant Cases:
3. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp. 3-78,
149-162, 193-313, 355-475.
Relevant Cases:
2. M. L. Tannan, TANNAN'S
Alternative Dispute BANKING LAW AND
PRACTICE IN INDIA, (2000)
22. Resolution System, Lok
India Law House, New Delhi,
Adalat pp. 18-21, 725-760, 761-
1101, 1540-1581, 1799-
1817, 1882-1914, 1915-
2009.
3. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Tutorial (23)
3. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp.107-108,
120.
3. IIBF, CUSTOMER
SERVICE & BANKING
CODES AND STANDARDS,
Taxmann Publications (P.)
Ltd., New Delhi, pp.107-108,
120.
Relevant Case:
Relevant Case:
PPT
1. ICSI, BANKING AND
INSURANCE LAW AND Presentations,
Concepts of Indemnity,
PRACTICE, Taxmann Discussions,
33. Subrogation, Contribution, Publications (P.) Ltd., New
Cause Delhi, pp. 299-363. Illustrations,
Relevant Case:
Tutorial (34)
Relevant Case:
Relevant Cases:
Relevant Cases:
Relevant Case:
Relevant Cases:
PPT
1. ICSI, BANKING AND
INSURANCE LAW AND Presentations,
Module 10. PRACTICE, Taxmann
Discussions,
COMMERCIAL Publications (P.) Ltd., New
Delhi, pp. 281, 298, 314- Illustrations
CONTRACT WORDINGS
318, 350.
& REGULATIONS
44. 2. J.V.N. Jaiswal, LAW OF
Implied Conditions, Loss / INSURANCE, Eastern Book
Company, Lucknow, pp. 16-
Claim Notification, claims 38.
Handling / Adjustment,
All relevant
48. Revision Discussion
readings/information
49-50
All relevant
(Extra Viva Voce Viva-voce
readings/information
Classes)
M.L. Tannan, TANNAN'S BANKING LAW AND PRACTICE IN INDIA, (2000) India
Law House, New Delhi.
Anjani Kant, LECTURES ON BANKING LAW FOR LAW STUDENTS, Central Law
Publications, Allahbad.
M. N. Mishra & S.B. Mishra INSURANCE PRINCIPLES AND PRACTICE, S. Chand &
Company Ltd., New Delhi
Bashyam and Adiga, THE NEGOTIABLE INSTRUMENTS ACT, Bharath Law House,
New Delhi.
T.K. Mukherjee, BANKING LAW AND PRACTICE, Universal Publishing Co. Pvt. Ltd.,
Delhi.
JCB Gilmar and Mustill, ARNOLD ON THE LAW OF MARINE INSURANCE, Sweet &
Maxwell.
M.L. Tannan, TANNAN'S BANKING LAW AND PRACTICE IN INDIA (1997) India
Law House, New Delhi, 2 volumes
M. Dassesse, S. Isaacs and G. Pen, E.C. BANKING LAW, (1994) Lloyds of London
Press, London
Singh, Bridge Anand, NEW INSURANCE LAW (2000) Union Book Publishers,
Allahabad.
The Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003
The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993
The Prize Chits and Money Circulation Scheme (Banning) Act, 1978
The Recovery of Debts due to Banks and Financial Institutions Act, 1993
H: 4 WEB SOURCES:
www.rbi.org.in
http://dbie.rbi.org.in
School of LawCollege of Legal Studies Jan.-May. 20187
bankdrt.net
www.drat.tn.nic.in
www.irda.gov.in
finmin.nic.in
Students will be informed about other websites as the course progresses upon
specific topics available on the world wide web.
LIST OF CASES-
1. Sukra Shoe Fabric vs United Commercial Bank (1990)73 Comp. Cas. 179
2. R.C. Cooper v. Union of India, AIR 1970 SC 564: 1970 SCR (3) 530.
3. Central Bank of India v. Ravindra, AIR 2001 SC 3095
4. Marfani and Co. Ltd v. Midland Bank Limited 1968 1WLR 956
5. Union of India v. National Overseas and Grindlays Bank Ltd. 1978 48
Comp. Cas 277
6. Santosh Kumar and Others v. King AIR 1952 Cal
7. Backhouse v. Charlton (1878) 8 Ch D 444
8. M/s. Kharavela Industries Pvt. Ltd. v. Orissa State Financial Corporation
and Others, AIR 1985 Orissa 153
9. Allahbad Bank v. Canara Bank AIR 2000 SC 1535
10. Central Bank of India v. State of Kerala, (2010) 2 BC 705 (SC)
11. Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311
12. Synco Industries v. State Bank of Bikaner & Jaipur, AIR 2002 SC 568
13. Doon Valley Rice Ltd., Karnal v. SBI, Karnal (2002) 3 CPR 31 (NC)
14. United Bank of India v Abhijit Tea Co. Pvt. Ltd., AIR 2000 SC 2957
15. United Bank of India v DRT (1999) 4 SCC 69
16. Bank of India v. Vijay Ramniklal AIR 1997 Guj.75.
17. Union of India v. Delhi High Court Bar Association, AIR 2002 SC 1479
18. Durga Hotel Complex v. RBI, AIR 2007 SC 1467
19. Canara Bank v. P.R.N. Upadhyaya, AIR 1998 SC 3000
20. Fargo Freight Ltd. v. Commodities Exchange Corporation, AIR 2004 SC
4109
21. Amctil v. Manufacturer’s Life Insurance Co., (1899) AC 604
Databases:
SCCONLINE
Westlaw
JSTOR
Instructions:
b) Viva-voce may be conducted for those group projects, for which adequate
time for presentations is not available.
c) Students are expected to read the concerned session’s contents in
advance before coming to the class.
d) The session will be made interactive through active participation from
students. The entire session will be conducted through question-answer,
discussion, current practices, examples, problem solving, brain-storming
activities, Group discussions and presentations etc.
e) Students are expected to refer to LMS for pre-readings of research
papers/interviews/articles for various sessions. They need to go through the
websites mentioned in the course plan and may be asked for Book
Reviews or Abstract presentation on selected relevant topics from referred
journals/ Law magazines.
School of LawCollege of Legal Studies Jan.-May. 20187
f) All schedules/announcements must be strictly adhered to.
g) Plagiarism, in any form, will be least tolerated. Student, if found
plagiarized, will be subject to disciplinary action. To avoid plagiarism, the
instructor recommends the following:
1. Acknowledge by way of a citation whatever is borrowed.
2. Put in quotation any sentence in which there are more than 12 words
in a sequence
3. To the maximum extent possible, paraphrase others’ ideas and then
acknowledge them through citations.
4. Make all borrowings, which are more than 50 words in a sequence,
into a block quote.
However,
INSTRUCTIONS TO STUDENTS
ON REACTION PAPER
2. The student will work on a research paper/ article of his choice only after
consultation with the concerned faculty.
5. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your
reaction paper should capture and depict the current contemporary
information.
7. Caution: All reaction papers submitted by the students will go through the
process of plagiarism check through the anti-plagiarism software (Turnitin).
The report produced by the software will necessarily be as per the
standards prescribed by the university. If the report is below standards the
supervisor will reject the project and award zero marks.
Project Topics:
94.
75.1. Risk in Insurance Formatted: Font: 10 pt
NNOTE: The above-mentioned list of project topics is suggestive and allotment of project topics to Formatted: Normal, Indent: Left: 0"
Formatted: Centered
It may be in 3 paragraphs
2. Submission of synopsis
a. Excluding the Cover page, index page and bibliography the main write
up should be around 20 pages. 1.5 Space, Times New Roman, Font
Size 12. The project should be printed both sides to save paper.
b. Project must have- Cover page stating Subject name, Title of the
Project, Supervisor name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested
method is Blue Book 19th Edition) and must mention the same in the
research methodology).
d. The main body of the project must contain- Introduction, different
chapters, conclusion, suggestions, along with foot notes and
bibliography.
6. A certificate to the effect that the project work carried out by the student
independently or in collaboration with other student(s) endorsed by the
student shall form the part of the submission for evaluation.
Annexure-IV
Class test Class test 2/ Quiz Abstract Synopsis Reaction Final Project Viva
1/quiz submission submission Paper Project Presentations
Submission