Paper - I Interpretation of Statutes (Paper Code: K-6001) : Books Recommended

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PAPER – I

INTERPRETATION OF STATUTES
(Paper Code : K-6001)

The course shall comprise of the following :


1. Introductory : Meaning, Purpose and Scope of Interpretation of Statutes; Nature
of Statutes and their Classification.
2. Internal Aids to Interpretation : Title; Preamble; Headings and Marginal
Notes. External Aids to Interpretation; Parliamentary History; Stare Decisis
(Judicial Precedents); Dictionaries.
3. Rules of Statutory Interpretation : Primary (Basic) Rules; Secondary
(Subsidiary) Rules; Literal Rule; Golden Rule; Mischief Rule.
4. Judicial Activism : Nature and Scope.
5. Presumptions in Statutory Interpretation : Presumption as to Jurisdiction;
Presumption as to Prospective Operation of Statutes; Presumption Against
Violation of International Law.
6. Maxims of Statutory Interpretation : Ejusdem Generis; Expressio Unius Est
Exuclusio Alterius; Ut Res Magis Valeat Quam Paraeat, Noscitur a sociis,
Raddendo singular singulis.
7. Interpretation with Reference to the Subject Matter and Purpose of Statutes
: Penal Statutes; Taxing Statutes, Welfare Legislation, Prospective and
Retrospective Operation.
8. Principles of Constitutional Interpretation : Harmonious Construction;
Doctrine of Pith and Substance; Doctrine of Colourable Legislation;
Occupied Field; Repugnancy.

BOOKS RECOMMENDED
Langan P.St., Maxwell on the Interpretation of Statutes.
Mathur D.N., Interpretation of Statutes.
Miers David R., Sweet & Maxwell (Interpretation of Statute).
Sarathi V.P., Interpretation of Statutes.
Singh Avtar (Dr.), Interpretation of Statutes.
Singh G.P., Principles of Statutory Interpretation.
Srivastva R.D., Interpretation of Statutes and Legislation.

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PAPER – II
LEGAL LANGUAGE AND LEGAL WRITING INCLUDING PROFICIENCY IN
GENERAL ENGLISH
(Paper Code : K-6002)
The course shall comprise of the following :
1. Need and Importance of Legal Language
2. Proficiency in General English
(a) Parts and Types of Sentences
(b) Parts of Speech – A Brief Introduction
(c) Tenses: Forms and Use
(d) Active and Passive Voice
(e) Direct and Indirect (or Reported) Speech
(f) Some Common Mistakes in English
3. (a). Legal Terminology, Legal Terminology, Foreign words, Legal Maxims.
(b). Synonyms, Antonyms, Homonyms, One word substitution.
(c). Consulting a Dictionary
(d). Preparation of Bibliography.
(e). Abbreviations – Common abbreviations used in footnotes and general legal writings; abbreviations
used for Indian and foreign legal periodicals.
4. Writing of Case Comment
(a) Understanding physical structure of a case reported in a Legal journals such as
A.I.R., S.C.C., Scale, J.T. etc.
(b) General introduction of doctrine of precedent
(i) Precedent as source of Law (Ratio Decidendi and Obiter dictum).
(ii) Circumstances which destroy or weaken the binding force of precedent
(iii) Circumstances which increases the authority of a precedent.
(c) Method of writing a case comment.
5. Translation – English to Hindi and Hindi to English (on legal topic).
6. Comprehension of Legal Text.
7. Essay Writing on Topics of Legal Interest in English.
8. Former legal Correspondence, Letter Writing in English.

BOOKS RECOMMENDED
Abidi Ishtiaque, Law and Language.
Sharma K.S. (Dr.), Legal Language, Legal Writing and English Usage.
Hindi English Legal Glosary, Vidhi Sahitya Prakashan, Ministry of Law, New Delhi.

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PAPER – III
LAW OF HUMAN RIGHTS
(Paper Code : K-6003)

The course shall comprise of the following :


(1) Meaning and Definition of Human Rights, Concept of Human Rights.
(2) Human Rights and the United Nations.
(a) Charter Provisions.
(b) International Protection of Human Rights.
(3) Universal Declaration of Human Rights
(4) Generations of Human Rights (Three Generations) :
(a) International Covenant on Civil and Political Rights and Two Protocols
(b) International Covenant on Economic, Social and Cultural Rights
(c) Collective Rights
(5) European Convention on Human Rights and Fundamental Freedoms
(6) American Convention on Human Rights
(7) National Human Rights Institutions with Special reference to National Human
Rights Commission (NHRC) and National Commission for Women (NCW).
(8) Inclusion of Human Rights Jurisprudence Under the Constitution of India
Through Judicial Interpretation

BOOKS RECOMMENDED

Agrawal H.O.,Human Rights.


Basu D.D., Human Rights in Constitutional Law.
Khera S.C., Human Rights and United Nation.

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PAPER – IV
INTELLECTUAL PROPERTY LAW
(Optional Paper)
(Paper Code : K-6004)

The course shall comprise of the following :

The course comprise of the following :


1. Concept of Property vis-à-vis Intellectual Property – Concept of Property - An overview, Need for
Protecting Intellectual Property – Types of Intellectual Property Origin and Development – an Overview
2. Role of International Institutions – Agreements & treaties World Intellectual Property Organization
(WIPO), Function of WIPO, TRIPS, PARIS & BERN convention & other important conventions &
treaties.
3. Copyright – Copyright what and why, Works Protected Under Copy Right Act, Rights Conferred by the
act , Author’s Special Rights, Term of Copy right, Infringements and Remedies - Civil, Criminal and
Administrative.
4. Trademarks – Definition of Trade Marks, Service Marks , Property Marks, Conditions for Registration,
Duration of Registration, Effect of Registration, Rights of the Trade mark owner, Passing – Off and
Infringement of Trade Mark, Appellate Board, Offences, Penalties and Procedure.
5. Patent – Meaning of Patent, Subject Matter of the patent, Inventions - Concept of Novelty, Inventive
Step and Utility , Inventions not Patentable , Process and Product Patent, Acquisition of Patent, Rights of
Patentees and other ‘s, Term of Patent, Infringement of patent and Remedies.

BOOKS RECOMMENDED

Ahuja, V.K., Intellectual Property Rights in India.


Bently, Lionel & Sharman BRAD., Intellectual Property Law.
Narayanan P., Intellectual Property Law.
Wadehra, B.L., Law Relating to Intellectual Property.
Prescribed Acts
The Patent Act, 1970.
The Copyright Act, 1957.
The Trade Marks Act 1999.

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PAPER – IV
INFORMATION TECHNOLOGY AND CYBER LAW
(Optional Paper)
( Paper Code : K-6005 )

The course shall comprise of the following :


(A) INTRODUCTION
1. Basic concept of Technology and Law : Understanding the Technology, Scope of Cyber
Laws, Cyber Jurisprudence
2. Understanding Electronic Contracts : The Indian Law of Contract, Types of Electronic
Contracts, Construction of Electronic Contracts
(B) IPR IN CYBER SPACE
1. Copyright in Information Technology: Copyright in internet, Software Piracy,
Multimedia and copyright issues.
2. Patents : Indian position on computer related patents, International context of patents.
3. Trademarks : Trade mark Law in India, Infringement and passing off.
(A) INFORMATION TECHNOLOGY ACT 2000 : Digital Signature, E-Governance,
Regulation of Certifying Authorities, Duties of Subscribers, Penalties and Adjudication,
Offences under the Act, Making of Rules and Regulation.
(B) CYBER CRIMES
1. Understanding Cyber Crimes : Crime in context of Internet, Types of
Crime in Internet
2. Indian Penal Law & Cyber Crimes : Fraud, Hacking, Mischief,
Tresspass, Defamation, Stalking, Spam
3. Issues of Internet Governance : Freedom of Expression in Internet,
Issues of Censorship, Hate Speech, Sedition, Libel, Subversion, Privacy Issues,
International position on Free Speech in Internet

BOOKS RECOMMENDED

Gerold R.Ferresc, Cyber Law(Text & Cases)


Prof. S.R. Bhansali, Information Technology Act
Rodney D.Ryder, Guide to Cyber Law
Vakul Sharma , Cyber Crime.

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PAPER – IV
LAW RELATING TO WOMEN AND CHILD
(Optional Paper)
( Paper Code : K-6006 )

The course shall comprise of the following :


(A) Law Relating to Women :
(1) Legal Position of Women in Pre-Independence Period :
(a) Legal Position of Women in Ancient India,
(b) Legal Position of Women in Medieval India,
(c) Legal Position of Women in British India
(2) Women's Right and Indian Constitution :
Constitutional Provisions Concerning Equality and Protection of Women in Chapters
of Fundamental Rights and Directive Principles.
(3) U.N. Convention on Elimination of Discrimination Against Women, 1979.
(4) U.N. Machinery for Advancement of Women's Equality and Women's Welfare.
(a) International Commission on Status of Women, (b) CEDAW
(5) Social Legislation for Women : Dowry Prohibition Act, 1961,
(6) Penal Remedy to Indian Women –
(a) Dowry Crimes and I.P.C. 1860.
1. Cruelty Against Married Women (Section 498 A)
2. Offence of Dowry Death (Section 304 B)
(b) Rape and Sexual Crimes –
1. Criminal Law Amendment Act 2013 (Nirbhaya Act 2013),
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
(7) Stree Dhan and Matrimonial Property
(8) Women's Right to Control their Re-Productivity
(B) Law Relating to Child : Legal protection to child, Child and criminal liability, State
responsibility for the education of child, Family relations and child, Legal control of child
labour, Discrimination against female child, child and contracted liability.

BOOKS RECOMMENDED

Jain S.N., Child And The Law.


Mukherjee Roma, Legal Status And Remedies For Women In India.
Saxena Shobha, Crime Against Women And Protective Laws.
Swaroop K. (Dr.), Legal Protection to Children.

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PAPER – IV
LAW RELATING TO RIGHT TO INFORMATION
(Optional Paper)
( Paper Code : K-6007 )

The course shall comprise of the following :


1. Meaning and Scope of Right to Information
2. Historical Background : Indian Perspective, Global Perspective
3. Media Access to Official Information
4. Right to Information and Human Rights Violations
5. Right to Information different from Right to Obtain Information
6. Basic Elements of Right to Information Law
7. Factors Restricting Free Flow of Information
8. THE RIGHT TO INFORMATION ACT, 2005 : Preliminary (Section 1 to 2), The Central
Information Commission (Section 12 to 14), Right to Information and Obligations of Public
Authorities (Section 3 to 11), The State Information Commission (Section 15 to 17), Powers &
Function of the Information Commission, appeals & penalties (Section 18 to 20), Miscellaneous
(Section 21 to 31).
9. JUDICIARY ON RIGHT TO INFORMATION :
(a). Free flow of Information for Public Record
(b). Right to information: Fundamental Right
(c). Disclosure of Information
(d). Right to Know
(e). Right to Acquire & Disseminate Information
(f). Direction on Voter’s Right to Information
(g). Right to Information and Community Participation
(h). Third Party Information
(i). Public Authority under Art. 12 of the Indian Constitution

BOOKS RECOMMENDED

Das P.K., The Right to Information Act.


Jain N.K., Right to Information Concept Law and Practice.
Khandelwal Dheera &. Khandelwal Krishana K., The Right to Information Act, 2005.
Niraj Kumar Dr., Treatise on Right to Information Act, 2005.

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PAPER – V
MOOT COURT, PRE-TRIAL PREPARATIONS AND PARTICIPATION IN TRIAL PROCEEDINGS
(Practical Training)
(Paper Code : K-6008)
The course shall comprise of the following :
(A). Moot Court : The Maximum Marks to this Paper will be 100. Each student will do at least Two Moot
Courts in a Semester with 10 Marks each. The Moot Court work will be on assigned problem and will be
evaluated for 5 Marks for written submissions (to be recorded in Sessional Diary) and 5 Marks for Oral
Advocacy.
Guidelines : For the purpose of Moot Court, groups will be formed of 8/10 students and cases involving
several issues shall be assigned in Court practice i.e. Operation of Courts and legal professionals on panel of
the College / University may be sought, especially in the matter of getting copies of paper books of cases which
have been decided by various Courts.
The Course shall emphasize points of Court craft and decorum. The male students shall wear white pant
– shirt and a Black Tie and female students shall wear white dress with black scarf while addressing a
Moot Court and during their visits to the Court / Advocates chambers and other practical training programmes.
Practice Moots shall be held as a routine in the class itself and the three compulsory test Moots for
examination shall be held after such practice Moots near the end of semester term. Attendance at such practice
Moot Courts shall be counted. Each student shall be required to maintain a regular record of his / her
preparation for all the Moot Courts attended by him / her in the Sessional Diary. The Sessional Diary will
carry 15 Marks (5 Marks for each Test Moot).
(B). Court Assignments : Observation of Trial in Four Cases i.e. Two Cases in Civil and Two in
Criminal. Each student will attend Four Trial Courts during the Semester term. He / She will maintain
record of his / her visits in his / her Diary of Sessional Work and enter the various steps observed during his
/ her attendance on different days in the Court assignment. This Scheme will carry 25 Marks.
(c). Interviewing Techniques And Pre-Trial Preparation :
(i). Each student will observe for Interviewing Sessions of Clients at the Lawyer’s Office / Lagal Aid
Office and record the proceedings in the Diary of Sessional Work, which will carry 10 Marks.
(ii). Each student will further observe the preparation of documents and Court Papers by the Advocate and
procedure for filing the Suit / Petition. This will be recorded in Sessional Diary which will carry 10
Marks.
Guidelines : To make the training meaningful, students visits have to be organized for a continuous period,
sufficiently long to observe and understand the process taking place in their proper context. Efforts should be
directed to acquaint the students in the different branches of legal practice including Civil, Criminal, Revenue,
and Labour Court Practice. Besides the legal Professionals on the College / University Panel, the students
should regularly be supervised and helped by the subject teacher / tutor. It is desirable that besides Advocates
Chambers the students are taken for academic Family Court / Revenue Court / Income Tax & Sales Tax Offices
and other venues where judicial administrative proceedings are held. The Indian Law Institute, Parliament,
Supreme Court, and High Courts, Tribunals etc., may be visited to make the training academically
multifarious. This programme can be intellectually and professionally challenging if properly organized and
integrated with Curriculum.
(D). Viva-voce : The Fourth Component of this Paper will be Viva-voce examination by the consensus
of Board of Practical / Viva-voce Examiners (Internal & External Examiners) on the above three aspects.
This will carry 10 Marks.

BOOKS RECOMMENDED

Rai Kailash (Dr.), Moot Court, Pre-Trial Preparations & Participation in Trial Proceedings.
Awasthi S.K. (Prof.), Practical Training of Law, Moot Court & Viva-Voce.

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