LLM Cor & Co1 new_20210724101630
LLM Cor & Co1 new_20210724101630
LLM Cor & Co1 new_20210724101630
School of Law
Syllabus
LLM
(Corporate & Commercial Law)
2021-22
CHRIST(Deemed to be University)
Delhi NCR Campus
www.ncr.christuniversity.in
School of Law
LLM
(Corporate and Commercial Law)
2021-22
Syllabus and Regulations
______________________________________________________________________________
2021
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Contents
CONTENTS 1
LLM Program Overview 04
Assessment Rules 05
Semester-wise Subjects 11
FIRST SEMESTER
SECOND SEMESTER
Our distinguished faculty and administration have established strong ties with various
international, governmental, and non-governmental organizations in India and abroad.
This program has a flexible curriculum offering several options in each specialization.
Students have the option of selecting their specialization and their area of interest. In
addition, each student is encouraged to write a publishable thesis and to gain practical
experience through internships and other training programs.
Areas of Specialization
Corporate and Commercial Law
Constitutional and Administrative Law
Intellectual Property and Trade Law
This Specialization is designed to serve the interests of students who intend to practice
in the area of Corporate Law. It aims at aligning the objectives of a Corporate Lawyer
with the goals of business organizations. The subjects range from foundational papers
to the advanced ones such as International Trade Law, Commercial Arbitration,
Corporate Governance, etc.
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Assessment Rules
Assessment is based on the performance of the student throughout the semester.
1. Credit Structure
Courses with 45 hours per semester will earn the student 2 credits.
Courses with 45-50 hours per semester will earn the student 3 credits.
Courses with 51 hours and above per semester including practical will earn the student
4 credits.
Dissertations/Practical equivalent to one course will earn the student 4-6 credits.
Total credits can be earned in each semester are 18-25*.
(*Weight for CIA and ESE may vary for different programmes)
3. Components of CIA
CIA I : Assignments: 10 marks
CIA II : Mid-Semester Examination (MSE) (Theory): 25 marks
CIA III : Quizzes/Seminars/Case Studies/Project work: 10 marks
*Attendance: 5 Marks
% Attendance Marks
95% – 100% 05
90% – 94% 04
85% – 89% 03
80% – 84% 02
76% – 79% 01
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Students representing the University/Departmental activities are eligible for attendance with
the permission of the HOD/Co-ordinator.
Students can check their attendance and academic reports from the University website in
Student Login.
4. Mid-Semester Examination (MSE)
The examination will be held as per the timetable released by the Controller of
Examination (COE) in each semester and will be held simultaneously for I, III, V, VII, IX
semester in August and II, IV, VI, VIII, X Semester in Jan/Feb.
Valued answer scripts will be distributed in the class on a day announced prior to the
distribution. Corrections if any are to be done during the same hour. No further changes
after this will be entertained.
Those candidates missing the MSE (for valid reasons only) will be given a second
opportunity prior to the ESE, however, permission to repeat MSE is not automatic. The
candidate must procure an application from the office of Examinations and must pay the
required fee. If the candidate does not appear in the MSE then an entry denoted by ‘’
will be made in the marks card stating that appear in the first MSE if student fails to
appear the second chance, an entry denoted by will be made in the marks card stating
the student did not write the MSE. During the course of the study, a UG candidate can
repeat the MSE at most two times; the PG candidate can attempt it only once. There are
restrictions on the number of times a student can repeat MSE.
The duration of the MSE will be of 2 hours and the same is applicable for the repeat
examination also.
Absentee’s parents will be alerted through SMS within 1 hour after the commencement
of the examination.
Hall ticket with timetable and seating allotment is compulsory for both regular and
repeat MSE and can be downloaded from the Student Login.
Dress code of the University should be followed during the examination days except
wearing ties.
MSE will be conducted out of 50 marks and will be reduced to 25 marks, by the COE
office.
Candidates must preserve all MSE answer sheets and present the same to the COE in
case of any discrepancy in the marks.
The CIA marks will be displayed on the website for the candidate’s reference at the end
of the semester before the ESE.
For courses having practical as part, the assessment patter is as follows:
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Records 05 marks
For courses with independent practical / project the components of the CIA and its
weight may vary from programme to programme.
The Mid-Semester practical examination will be conducted during a regular practical
hour with prior intimation to all candidates.
All End-Semester practical examination will have two examiners, an internal and an
external examiner.
they have no back-log in the previous semester. Students who are not debarred from
examinations for reasons of malpractice will not be able to avail this facility. Another special
supplementary examination is conducted in the month of January for the students who have
failed in their IX semester examination.
Students having arrears can attempt the same when the examination is next conducted for the
respective semester.
The Office of Examinations will preserve the answer sheets for a period of six months.
All marks cards issued by the COE will indicate the marks, percentage obtained, grade and
grade point average.
7. Grading Pattern
The Grade Point average will be calculated as follows: for each subject, multiply the Grade
Point with the Number of Credits; divide the sum of product by the total number of credits.
The CGPA (Cumulative GPA) is calculated by adding the total number of earned points [ GP x
Cr] for all semesters and dividing by the total number of credit hours for all semesters.
73 – 79 A- 3.67 Excellent
39 and F 0 Fail
Fail
below
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Transcript/ Statement of Marks: can be downloaded from the University website after the
examinations for each semester. Consolidated statement of marks ad Provisional Degree
Certificate will be awarded to all eligible candidates at the end of the course on the Graduation
day.
Programme Outcome
Articulate thoughts and communicate effectively
Practice ethical behavior in all engagements
Train leaders in the field of law and policy-making
Contribute effectively in research or academia
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Semester-wise Subjects
FIRST SEMESTER
SECOND SEMESTER
FIRST SEMESTER
LLM151CCL FOUNDATION COURSE
(No. of Hrs. 45)
COURSE OBJECTIVES:
The course aims at understanding the various jurisprudential theories and concepts, the
principles of interpretation of statutes, basics of law and economics and also to hone
their soft skills in order to enhance their capacities to build a strong foundation for the
study of Master of Law course.
LEARNING OUTCOME:
At the end of the course the students will be able to:
1. Understand the various theories and concepts of Jurisprudence.
2. Explain the rules and aids of interpretation of statutes.
3. Enhance their research skills, reading, writing and speaking skills.
Assessment pattern
COURSE DESCRIPTION: This course intends to enhance the legal research skills
among students. Students would be able to appreciate the nuances of legal research by
discussions outlined in Unit I of the syllabus with basics of legal research. Unit II deals
with Research problem, hypothesis, Research design and sampling. Unit III deals with
Research Methods and tools. Unit IV deals with Tabulation, analysis, interpretation and
Report Writing. Unit V deals with Legal Writing.
COURSE OUTCOMES:
Learning Outcome: On completion of this UNIT students will be able to understand the
basics of research, kinds of research and scientific methods.
1.1 Meaning, objectives of legal research
1.2 Characteristics of scientific method – applicability of scientific method
1.3 Kinds of Research
1.4 Concepts and constructs- relationship between theory and fact
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12 Hrs.
Learning Outcome: On completion of this UNIT students will be able to get acquainted
with the means of Classification and Tabulation of Data, Analysis and interpretation of
Data, Use of Statistical methods and computers in legal research, Reporting and
Methods of Citations, Ethics in research and Plagiarism
SCHEME OF VALUATION
Assignment – submission of Literature Review & Viva – 20%
Presentations: Statement of problem, research
questions, research methodology – 20%
Submission of Records – 15%
Publication of Research paper in a UGC listed – 30%
Journals
Attendance - 05%
Viva - 10%
TOTAL 100%
SUGGESTED READINGS:
7. Ghosh, B.N., ‘Scientific Method and Social Research’, New Delhi, Sterling
Publishers Pvt. Ltd., 1984.
8. Goode and Hatt, ‘Methods in Social Research’, Singapore, Mc. Graw Hill Book Co.,
1985 (reprint).
9. H.M.Hyman, Interviewing in Social Research (1965)
10. Harvard Law Review Association, Uniform System of Citations.
11. High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active
Learning in your Law School, (1998) Blackstone Press Limited,London.
12. ILI Publication, Legal Research and Methodology
13. Johari J.C. (ed.), ‘Introduction to the Method of Social Sciences’, New Delhi,
Sterling Publishers Pvt. Ltd. 1988.
14. Kothari C.K., ‘Research Methodology: Method and Techniques’, New Delhi, Wiley
Eastern Ltd., 1980.
15. Kothari, C.R., 1985, Research Methodology- Methods and Techniques, New Delhi,
Wiley Eastern Limited.
16. Kumar, Ranjit, 2005, Research Methodology-A Step-by-Step Guide for Beginners,
(2nd.ed.), Singapore, Pearson Education.
17. Whitney, F.L, The elements of Research.
18. Legal Research Methodology Indian Case Laws,
www.nyulawglobal.org/globalex/india_legal_research.htm
19. M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)
20. Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.
21. N.R. Madhava Menon, (ed.) A Handbook of Clinical Legal Education, (1998)
Eastern Book Company, Luck now.
22. Ne, The art of Asking Question (1965)
23. Pauline V. Young, Scientific Social Survey and Research, (1962)
24. Payne, The Art of Asking Questions (1965)
25. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, Indian
Law Institute (2001) 2nd Edition.
26. S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.
27. Stone, Julius, ‘Legal System and Lawyer’s Reasoning’, Sydney, Maitland
Publications, 1968.
28. William J. Grade and Paul K. Hatt, Methods in School Research, Mc Graw-Hill
Book Company London.
29. Dr. Tewari H N, Legal Research Methodology
30. Ranjit Kumar Research methodology: a step by-self guide for beginners
31. Krishna Swami O R Methodology of research in social sciences
32. Dr. Tewari H N Legal Research Methodology
33. Joseph Gibaldi MLA handbook for writers of research papers
34. Myneni S R Legal research methodology
35. AnwarulYagin Legal research and writing methods
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ADDITIONAL READINGS:
LINKS:
ARTICLES:
COURSE OUTCOMES:
After successful completion of this course, the students will be able to:
1. Understand and apply the concept and principles of public law in order to assess
the performance of governance structures.
2. identify and distinguish between presidential, parliamentary and hybrid forms
of government in order to understand the shortcomings and advocate changes.
3. should be able to comprehend the federal, unitary and other structures of
governance and advocate changes in governance processes. Analyse the
legislative process through comparative study and suggest reforms.
4. assess as to how the fundamental rights have evolved over a period of time in
tune with socio, economic & political changes so that people lead a life free from
discrimination and exploitation and propose policy changes in this regard.
5. To have a comprehensive understanding of the nature and organisation of the
higher judiciary and the process of ‘tribunalisation’ with their roles and
limitations under the constitution and propose reforms with respect to their
rationale, structure and functioning.
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS:
COURSE OBJECTIVES: International Trade Law has two aspects: public and private.
The public aspect deals with the harmonization and coordination of national
commercial policies and private aspect seeks to provide a legal framework for
International commercial transactions between individuals belonging to different
nationalities. This course covers both public and private aspects.
The World Trade Organization (WTO) is the only global institution seeking to
harmonize and coordinate national commercial policies. It stands for the promotion of
free trade among nations whereby goods and services can move freely across national
frontiers. The course will mainly focus on the WTO with incidental references to other
important regional institutions such as European Union, North American Free Trade
Area etc. The WTO, as an institution administers many Multilateral Trade Agreements
(MTAs) and a few Plurilateral Trade Agreements (PTAS). The presence of a dispute
settlement mechanism which de facto has compulsory jurisdiction over all the disputes
which may arise between member states has distinguished the WTO from other global
institutions; and it is often said that thanks to this unique system, the power-oriented
diplomacy has given way to rule-based system. The Appellate Body(AB) which is at
the centre of the dispute settlement mechanism has significantly contributed to the
development of International Trade Law. International Trade Law, as applied to
international commercial transactions is characterized by Prof. Schmitthoff as
“transnational commercial law”. This system comprises of general Private International
Law principles, international conventions unifying national commercial laws and
national legislations there under and also the customary practices developed by
international mercantile community represented by bodies such as International
Chamber of Commerce. Globalization of national economies, which we have been
witnessing, requires a distinct transnational law, recognized and enforced by national
courts. The course has one UNIT on transnational commercial law.
India as a member of the WTO is under a legal obligation to promote free trade with
other states in accordance with the WTO Agreements. India has panoply of legislations
through which this obligation is discharged. The Foreign Trade (Development and
Regulation) Act, Customs Act, Foreign Exchange Management Act etc and elaborate
delegated legislations under these enactments constitute the legal regime through
which international trade policies of the Government of India are implemented.
In the light of the above, the objectives of the course are to familiarize the students
about the World Trade Organization and the various agreements entered into under the
auspices of the WTO. Students will be given an insight into the transnational
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commercial transactions and the related matters thereto. Further an attempt is made to
gives an over view of the law and policy of India in relation to international trade.
COURSE OUTCOMES:
Learning Outcome: This UNIT aims at giving the students an insight into the history,
establishment, structure and functions of WTO. It also deals with the dispute
settlement mechanism of WTO. Further, it delves into the important principles of non-
discrimination namely the most favored Nation Treatment and National treatment.
Further the students are also introduced to dumping and antidumping measures.
1.1. Introduction to International trade and the law of the WTO, Sources of WTO
Law, Basic rules and principles of WTO Law
1.2. Economic Theories of free trade-Absolute Advantage theory; Comparative
Advantage theory; Heckscher–Ohlin theory; Leontief Paradox and New trade
theory
1.3. Historical background- of WTO- Evolution of GATT as a trading institution and
transition of GATT to WTO; Marrakesh Agreement
1.4. WTO as an International institution- Origin of WTO; Mandate of WTO;
Membership of WTO; Institutional structure of the WTO; Decision-making in
the WTO; Other Issues-status of WTO; budget of WTO.
1.5. WTO Dispute Settlement - Dispute Settlement Understanding; Principles of dispute
settlement; Institutions of WTO settlement; WTO dispute settlement
proceedings; Main challenges to the WTO dispute settlement system
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Learning Outcome: At the end of this UNIT the students will be equipped with an
understanding of various agreements entered into under the auspices of the World
Trade Organization and their importance in International trade relations.
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS:
1. A.G. Benjamin’s Sale of Goods (6thedn, London: Sweet & Maxwell, 1995)
2. B.Griffin, Day & Griffin, The Law of International Trade (3rdedn, London:
Butterworths Lexis Nexis, 2003)
3. BhagirathLal Das, The WTO: a guide to framework for International Trade.
4. C. Debattista, Sale of Goods carried by Sea (2ndedn, London: Butterworth’s, 1998)
5. Carole Murray, David Holloway, Schmitthoff’s export trade: The Law & Practice of
International Trade.
6. Daniel L. Bethlehem, Oxford Handbook of International Trade Law.
7. Dr. NeerajVarshney, Anti-dumping measure- Law, Practice & Procedure, Indian
case laws, 2007 edition.
8. From GATT to the WTO: the multilateral trading system in the new millennium by
World Trade Organization Secretariat, Graduate Institute of International studies
(Geneva, Switzerland.
9. Indira Carr& Richard Kidner, Statutes and Conventions on International Trade Law,
4th edition, Routledge Cavendish.
10. Jackson, John H. and Edwin A. Vermulst, Anti-Dumping Law and Practice
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11. Jason C.T. Chauh, Law of International Trade, Fourth Edition, Sweet and Maxwell,
South Asian Edition, 2011.
12. JayantaBagchi, WTO: An India Perspective, Second edition, Eastern Law house.
13. JF. Wilson, Carriage of Goods by Sea, (5thedn, Harlow, Pearson education, 2004).
14. K.R. Gupta, A study of WTO, Second revised edition, Atlantic publishers and
Distributors (P) Ltd.
15. M.G. Bridge, International Sale of Goods: Law and Practice, (oxford: Oxford
University Press, 1999)
16. Michael J. Trebilcock, Robert Howse, The Regulation of International Trade
17. Michael K. Levine, Inside International Trade Policy formulation
18. Nicholas Kouladin, Principles of Law relating to International Trade, Springer, 2006.
19. P. Sellman, The Law of International Trade, 150 leading Cases (2nd 3dition, London:
Old Bailey Press, 2004)
20. P.Todd, Cases and Materials on International Trade Law (1stedn, London: Sweet &
Maxwell, 2003)
21. Palmeter, N. David; Mavroidis, Petros C., Dispute Settlement in the World Trade
Organization: Practice and Procedure.
22. Raj Bhalla, International Trade Law: Theory and Practice, Second Edition, Lexis
Publishing, 2001.
23. Rao M B, WTO & International Trade, 2nd edition, Vikas Publishing House Pvt.Ltd
24. Rene David, Arbitration in International Trade, Kluwer Law and Taxation
Publishers, Netherlands, 1985.
25. Schnitzer, Simone, Understanding International Trade law, Universal Publishing
House, 2007
26. VibhaMathur, WTO and India.
27. WTO AnalytiCCL Index: Guide to WTO Law and Practice, WTO Geneva 2003
28. Andrew T. Guzman and JoustPauwelyn. International Trade Law: Cases and Materials,
Aspen Publishers. Aspen Publishing, 2009.
29. Parthapratim Pal, International Trade and India, Oxford publications.
30. Clive M. Schmitthoff's Select Essays on International Trade Law, Kluwer academic
publishers.
31. John J. Parker, Drafting of an International Sales Contract: Problems and Remedies.
University of North Carolina, chapel Hill.,
32. Gabriel Moens, Peter Gillies, International Trade and Business: Law, Policy and
Ethics, Cavendish Publishing house, 2005
ARTICLES:
2. B.S.Chimni, WTO and Environment-Shrimp Turtle and EC-Hormone Cases, Economic &
PolitiCCL weekly, Vo. 35, No. 20, PP.1752-1761.
3. David Palmeter&Petros C. Maurois, The WTO Legal System, Sources of Law,The American
Journal of International Law, Vol.92, No.3 (July 1998) PP. 398-418
4. Debra P. Steger & Peter van den bossche, WTO dispute settlement, emerging practice and
procedure, www.jstor.org/stable/25659196
5. Harold J. Berman, Law of International Trade: Contract, Custom and Codification,
Harvard International Review, Vol.6, No.3 (December 1983), pp.44-46, http://www.
Jstor.org/stable/42759682
6. INGEBORG SCHWENZER and PASCCL HACHEM The CISG, Successes and pitfall,
The American Journal of Comparative Law, Vol. 57, No. 2 (SPRING 2009), pp. 457-
478
7. John. H. Jackson, Robert E. Huedec, Donald Davis, The Role and effectiveness of the
WTO dispute settlement mechanism, Brooking Trade Forum (2000) pp. 179-236.
8. John.H. Jackson, Case of the WTO, pp. 437-454),
http://www.jstor.org/stable/25144810
9. K Iida, WTO dispute settlement effective, www.jstor.org/stable/27800522
10. K. Ravi Srinivas, WTO and Asbestos: Dispute Settlement at work, Economic and
PolitiCCL Weekly, Vol. 36, No. 36 (Sep. 8-14, 2001), pp. 3442-3447
11. Marc. L. Busch and Eric Reinhardt, Three’s A crowd, Third Parties and Dispute
Settlement, World Politics, Vol. 58, No. 3 (Apr., 2006), pp. 446-477
12. Michael M. Weinstein, Steve Charnovitz, The Greening of the WTO,Foreign Affairs,
Vol. 80, No. 6 (Nov. - Dec., 2001), pp. 147-156
13. P. M. Roth, Passing of Risk, The American Journal of Comparative Law, Vol. 27, No.
2/3, Unification of International Trade Law: UNCITRAL's First Decade (Spring -
Summer, 1979), pp. 291-310
14. P.Ranjan, Applicable law in the dispute settlement body of the WTO, Vol. 44, No. 15, Apr.
11 - 17, 2009 Economic and PolitiCCL Weekly.
15. Steve Charnovitz, Environment and Health under WTO Dispute settlement, The
International Lawyer, Vol. 32, No. 3, Symposium on the First Three Years of the
WTO Dispute Settlement System (FALL 1998), pp. 901-92
16. Thomas J. Shoenbaum, International Trade and protection of the Environment, The
American Journal of International Law, Vol. 91, No. 2 (Apr., 1997), pp. 268-313
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The course aims to study the developments of the policy of free and fair competition in
India. The course will provide an analysis of the legal developments, from MRTP to the
Competition Act. The course will analyze the progress of the Competition Law in
various legal systems and also determine the role of WTO in its policies.
COURSE OUTCOME:
Upon the successful completion of this course, the students will be able
To appreciate the economic theory, practice and analytic tools that underpin and
inform Competition law and policy
To analyze how Competition Law facilitates the promotion of free Competition and
acts as an instrument in regulating the markets.
To apply the law to solve practical problems concerning the control of anti-
competitive practices
To critically appreciate the strategies and mechanisms of Competition law
enforcement agencies in India and abroad.
To research Independently and evaluate solutions to more complex Competition
law, Economic, Legal and enforcement issues, through interdisciplinary learning
1.1. Concept of market, Open market- Regulated market, Market functions of role of
competition law
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Learning outcome: On the completion of this module students will have clarity about
the types of anti-competitive agreements and testing its validity.
Learning outcome: On the completion of this module students will have a clear
understanding about the conflicting issues regarding the IPR and competition laws.
Learning outcome: On the completion of this module students will have a clear
understanding about the different modern dimensions of competition law.
8.1. WTO and its impacts on Competition Laws with reference to UNCTAD
8.2. International enforcement and judicial assistance
8.3. Applicability of competition law into agricultural sector
8.4. Dumping
8.5. State aid
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8.6. Recession
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS
COURSE OUTCOMES:
h) Students will be able to critically analyse the existing legal framework regulating
taxation as well as drafting policies for effective taxation of e-commerce
transactions
i) Students will be able to identify the jurisdictional issues in deciding e-commerce
disputes
Learning Outcome: On completion of this UNIT students will be able to discuss the
technology and legal regime of e-commerce.
Learning Outcome: On completion of this UNIT students will be able to discuss the
contractual issues related to e-commerce and distinguish them from ordinary contracts.
Learning Outcome: On completion of this UNIT students will be able to discuss the
differences between secured and unsecured electronic documents, encryption of
documents and the provisions of law related thereto.
3.1. Provisions under IT Act
3.2. Certifying authorities
3.3. Issuing authorities
3.4. PKI
3.5. Electronic Signature Certificate
3.6. Grant, Revocation and withdrawal of ESC
Learning Outcome: On completion of this UNIT students will be able to identify risks
involved in online payments and the legal provisions related to the same.
Learning Outcome: On completion of this UNIT students will be able to discuss the
consumer related issues of e-commerce.
Learning Outcome: On completion of this UNIT students will be able to explain the
intellectual property in digital media.
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Learning Outcome: On completion of this UNIT students will be able to discuss the
problems in the market in respect of e-commerce and the related case law.
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS
1. Paul Todd. Law of E-commerce. London: Cavendish, 2008.
2. Sharma, Vakul. Information Technology: Law and Practice. 2nded. New Delhi:
Universal Law Publishing Co., 2007.
3. Ramappa, T. Legal Issues in Electronic Commerce. Delhi: Macmillan, 2003.
4. Schellekens, M. H. M. Electronic Signatures: Authentication Technology from a Legal
Perspective. The Hague: T. M. C. Asser Press, 2004.
5. Ahmad, Tabrez. Cyberlaws, e-commerce & m-commerces. New Delhi: A. P. H.
Publishing Corporation, 2009.
6. Phillips, Jeremy. Butterworths E-commerce and IT Law Handbook. 4th ed. London:
LexisNexis Butterworths, 2007.
7. Seth, Karnika. Cyber Laws in the Information Technology Age. New Delhi: LexisNexis
ButterworthsWadhwa, 2009.
8. Ryder, Rodney. Guide to Cyber Laws. 3rded. New Delhi: Wadhwa& Co., 2007.
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COURSE OBJECTIVES: The course intends to describe and explain the principles and
specific legal requirements in a commercially arbitration, including the limitations of
matters that may be legally arbitrated. The course also includes the legal framework for,
and major legal issues relating to, international commercial arbitration under the New
York Convention of 1958 and the Geneva Convention. It identifies the rights and
responsibilities of parties to the arbitration and powers and functions of arbitrator.
The object of the course is to impart, theoretical as well as practical, knowledge and
understanding, to the students of international arbitration. After the end of the course,
the students shall have gained a thorough knowledge of the new Swedish Arbitration
Act, UNCITRAL’s model law, its arbitral rules, the New York Convention of 1958, and
of the legal issues that might arise in this context. Additionally, the students shall gain
an overall knowledge of the world’s leading arbitration institutions, and their rules of
procedure. The course also focuses on international commercial arbitration outlining
the legal issues in the choice of law and forum for arbitration.
COURSE OUTCOME:
Learning Outcome: On completion of this unit, students will be able to- demonstrate a
sound understanding of alternative dispute resolution methods in international
commercial relations - especially that of arbitration
Learning Outcome: The students gain knowledge base of the currently existing main
international legal provisions and sources of norms viz., UNCITRAL model law on
arbitration regulating international commercial arbitration and have demonstrated the
application of the law in the recent and leading Supreme Court decisions;
Learning Outcome: At the end of this UNIT the students will be familiarised with the
concept of arbitral awards and its enforceability.
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SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS:
1. Arbitration clause court’s committee SC., State of Tamil Nadu vs State of Kerala
&Anr decided on 7 May, 2014 indiankanoon.org/doc/41744252/
2. M/s. Navodaya Mass Entertainment Ltd. Vs. M/s. J.M. Combines decided on August
26, 2014
3. Supreme Court of India Sakuma Exports Ltd vs Louis Dreyfus Commodities
Suisse ... on 28 March, 2014 http://indiankanoon.org/doc/57009022/
4. dSwan Gold Mining Ltd vs Hindustan Copper Ltd decided on 22 September, 2014
5. Orissa Manganese & Minerals Ltd vs Synergy IspatPvt Ltd decided on 12
September, 2014
6. S.Balachandran vs M/S Ramaniyam Real Estates Ltd decided on 10 September, 2014
7. M/S. Harsha Constructions vs Union Of India & Ors decided on 5 September, 2014
8. Oil & Natural Gas Corpn.Ltd vs Western Geco International Ltd decided on 4
September, 2014
9. M/S Anand Brothers P.Ltd.Tr.M.D vs Union Of India & Ors decided on 4
September, 2014
10. Bharat Heavy ElectriCCLs Ltd vs Tata Projects Ltd decided on 1 September, 2014
11. Stock Exchange, Bombay vs V.S. Kandalgaonkar&Orsdecided on 25 September,
2014
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12. Co op arbitration award SC., Akalakunnam Village Service Co-op. Bank Ltd vs Binu
N.& Ors decided on 20 August, 2014
13. arbitration proceedings SC., North Eastern Railway &Ors vs Tripple Engineering
Work decided on 13 August, 2014
14. Section 37 (1) (b)SC., Y.SleebachenEtc vs Superintending Engineer Wro/Pwd ...
decided on 4 August, 2014 2014 STPL(Web) 503 SC
15. Section 11 and negative arbitration clause SC., M/S. Kaikara Construction Co vs
State of Kerala And Ors on 1 July, 2014
16. S 2,11,16 CAA 96 SC., Swiss Timing Ltd vs Organizing Committee ... decided on 28
May, 2014
17. InlComrl arbitration UNCITRAL SC., Reliance Industries Limited &Anr vs Union of
India decided on 23 May, 2014
18. S 8 SC., VikramBakshi&Ors vs Sonia Khosla[Dead] By Lrs decided on 8 May, 2014
19. Supreme Court of India Arasmeta Captive Power Co. Pvt. ... vs Lafarge India P.
Ltd on 12 December, 2013 http://indiankanoon.org/doc/150814946/
20. INL Com Arb. Supreme Court of India Chatterjee Petrochem Co. &Anr vs Haldia
Petrochemicals Ltd on 10 December,
2013http://indiankanoon.org/doc/137199527/
21. Supreme Court of India Gail (India) Ltd vs Gujarat State Petroleum Corpn. ... on
17 September, 2013 http://indiankanoon.org/doc/191369911/
22. Supreme Court of India Punjab State Power ... vs Atma Singh Grewal on 17
September, 2013 http://indiankanoon.org/doc/149385545/
23. Seat Supreme Court of India Sakuma Exports Ltd vs Louis Dreyfus Commodities
Suisse ... on 28 March, 2014
24. TDM Infrastructure Pvt. Ltd vs. UE Development Pvt. Ltd. [2008 (2) ARBLR439
[SC]
25. R.M. Investment Trading V. Boeing Co AIR 1994 SC11
26. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985)
27. Eco Swiss China Time Ltd. v. Benetton Int N.V. (1999) 2 All ER 44(Comm.),(1999)
28. Wellinton Associates v. Kirit Mehetha [(2004) 4 SCC 272]
29. Smita Construction v. Euro Alloys Ltd. (2001)7 SCC 728]
30. M.V. Baltic v. State Trading Corp. (2001) 7 SCC 474
31. Gas Authority of India Ltd. vs. Spie Capag, S.A. and others, AIR1994Delhi75
32. Prima Paint Corp. v. Flood and Conklin Mfg. Co. 388 U.S. 395 (1967)
33. National Agricultural Coop. Marketing Federation Ltd. v. Gains trading Ltd.
(2007)5 SCC 692
34. State of Orissa v. Klockner and Co. 1996 (1) Arb. LR 591
35. Star Shipping vs. China National Foreign Trade (1993) 2 Lloyd’s Rep 445
36. N T P C v. The Singer Company, AIR 1993 SC 998
37. Union of India vs. McDonnell Douglas Corp. (1993) 2 Llyod’s Rep 48 CvD
[2007]EWHC1541(Comm)
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Videos
1. Fundamentals of International Arbitration_(360p)
2. An introduction to international arbitration_(360p)
3. Issues in International Commercial Arbitration_(360p)
4. Justice AM Ahmadi _ Seminar on International Arbitration_(360p)
5. Litigation, Arbitration and Mediation by VivekKathpalia_(360p)
6. Mediation and Arbitration_(360p)
7. PwC India_ Ad-hoc vs institutional arbitration_(360p)
8. The Courtroom - Arbitration in India_(360p)
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SECOND SEMESTER
COURSE OUTCOMES:
Identify and explain the nature of globalisation and its impact on the
developments of law and legal theory;
Analyse the various issues like human rights, sovereignty of nation-state,
legitimacy of international law in the wake of globalisation; and
Develop a critical understanding about globalisation vis-a-vis various global
issues as well as various theories of justice.
Learning Outcome: At the end of this UNIT the students will be able to understand the
concept of globalization and its impact on society in the 21st century
Learning outcome: At the end of this UNIT the students will be equipped to
appreciate jurisprudence in the context of globalization and inter relation between
legal theory and globalization
2.1. Jurisprudence, globalization and the discipline of law
2.2 Globalization and legal theory, the need for the study of concept of law from a
global perspective.
2.3 Basic concepts of law in western legal thought. A brief analysis of positivist,
normative and realist theories of law in western tradition.
2.4. The concept of justice and its relation to law in Western and Indian Legal thought
and concept of Dharma as a legal tradition. The relation between law and justice.
2.5. Normative Jurisprudence, the western heritage, classical utilitarianism, Benthamite
and modified Benthamite utilitarianism.
2.6. Theories of Justice Rawls and Pogge.
Learning outcome: this UNIT will help the students understand the policy issues
governing globalization
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS:
1. Jan Aart Scholte, Globalization – A critical introduction
2. Jarrod Wiener – Globalization and the harmonization of law
3. Michael Goodhart – Democracy as Human Rights – Freedom and Equality in the
age of Globalization
4. James H Mitelman, The Globalization Syndrome
5. Manfred B. Steger, Globalization –A very Short introduction-Oxford
introductory series.
6. Thomas Fleiner & Lidija R. Basta Fleiner, Constitutional democracy in a
multicultural and globalised world, Springer.
7. William Twining, General Jurisprudence; Understanding Law from a Legal
perspective, Cambridge, Cambridge University, 2009
8. William Twining, Globalization and Legal Theory, New York: Butterworths,
2006.
9. Boaventura d Sousa Santos, Towards a New Legal Common Sense: Law,
Globalization and Emanicipation, London: Butterworths, 2002.
10. Otto A Bird, The Idea of Justice, New York: Frederick A Praeger, 1968
11. M.D.A. Freeman, Lloyd’s Introduction to Jurisprudence, London: Sweet and
Maxwell, 2010
12. Amartya Sen, The idea of Justice, New Delhi: Allen Lane, 2009.
13. Upendra Baxi, The Future of Human Rights, New Delhi: Oxford University
Press, 2006.
14. Thomas Pogge, Global Justice, Oxford: Blackwell, 2001
15. B.S. Santos and Cesar A. Rodriquez-Gravito (ed.,) Law and Globalization from
below: Towards a Cosmopolitan Legality, New York Cambridge University
Press, 2005.
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COURSE OUTCOME:
At the end of the course the students will be able to:
1. Explain and analyze the legal and regulatory framework governing investments
in India.
2. List out the importance, characteristic features and functions of the various
markets.
3. To define, explain and analyze the basic concepts, financial system and financial
instruments relating to investments.
4. To explain the concept of mutual funds, venture capital and collective
investment schemes.
5. Explain the constitution, powers, functions and working of SEBI and the
Securities Appellate Tribunal
6. Discuss the depository system and analyze the provisions of the Depositories
Act, 1996
7. To evaluate the principles relating to International Investments.
8. Analyze the legal concepts, principles, cases and provisions applicable thereto.
9. Devise a correct way of handling legal problems.
10. To develop good analytical skills that is a pre-requisite for good advocacy.
Learning outcome: On completion of this UNIT, students will be familiar with the
legal framework of various investment laws applicable in India.
Learning outcome: To understand the basic concepts of raising corporate finance and
the laws related to the same
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS
1. Chandratre,K.R, et,al. Bharat's SEBI Compendium. 2Vol, 4th Ed. New Delhi: Bharat
Law House, 2010.
2. Ferran,Eilis. Principles of Corporate Finance Law. Oxford: Oxford University Press,
2008.
3. Khilnani,D.T. FEMA Ready Reckoner. 2Vol, 12th Ed. New Delhi: Snow White
Publications Pvt., 2007.
4. Myneni, S.R. Law of Investment and Securities. Hyderabad: Asia Law House, 2006.
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Learning outcome: This UNIT will enable the students to understand the
commercial law of patents in India with respect to its eligibility, ownership,
acquisition, transfer, enforcement and remedies
1.1. Philosophy and justification for the patent system in a market economy
1.2. Paris Convention
1.3. Eligibility and subject matter: TRIPS and Indian law
1.4. Acquisition of patents and the rights granted
1.5. Compulsory Licensing, Government use, Infringement and parallel imports
1.6. Remedies for infringement
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Learning outcome: This UNIT will enable the students to understand the
commercial significance of copyrighted works and the law governing the same.
Learning Outcome: This UNIT will enable the students to learn the importance of
trademark and the law governing the same in a market economy.
Learning outcome: This UNIT will enable the students to learn the commercial
importance of geographical indications nationally and internationally and the law
governing the same.
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS
1. A.S. Srivastava (ed.) Lai's Commentary on Law of Copyright, 3"1edn. 1999. Delhi
Law House.
2. Akhil Prasad and Aditi Agarwala, Copyright Law Desk Book: Knowledge, Access
and Development, Universal Law Publishing Co. 2009
3. Alan S. Guttcrman & Bentby J. Anderson - Intellectual Property
4. Bibek Dcbroy (ed). - Intellectual Property Rights.
5. Carlos M. Correa (Ed.). Intellectual Property and International Trade Patent
Cooperation Treaty Hand Book (1995) Sweet and Maxwell.
6. Catharine Colstone -Principles of Intellectual Property Law. Cavendish. London.
1999.
7. Christopher Wadlow. The Law of Passing-Off (1998), Sweet and Maxwell
8. Cohen, Loren et.al, Copyright in the Global Information Economy, Aspen, 2 nd ed.,
2006
9. Copinger & Skone James- Copyright, 13thedn. Sweet & Maxwell, Lo
10. David Bainbridge, Software Copyright Law (1999), ButterworthsSookman,
Computer Law (1998), Carswell
11. Gomulkiewics, Nguyen, Conway-Jones, Licensing Intellectual property: Law and
Application, Aspen 2008
12. Gopalakrishnan, N. S. &Agitha T. G, Principles of Intellectual Property, Eastern
Book Company, 2009
13. J.S. Sarkar - Trade Marks; Law and Practice. Kamal Law House. Calcutta. 2000.
14. K.R.U. Nair & Ashok Kumar - Intellectual Property Rights
15. K.V.Swaminathan - Guiding Principles in the Decisions on Patent Law. Bahari
Brothers, Delhi, 2000.
16. Lee B. Burgunder, Legal Aspects of Managing Technology, West Legal Series in
Business, 2nd ed.,2001
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17. Martin Howe, Russel-Clarke & Howe on Industrial Designs, Sweet& Maxwell 8th ed.
2006
18. N.R.Subbaram - Patent Law.
19. NunoPires de Carvalho, The TRIPS Regime of Trademarks and Designs, Kluwer
Law International 2006
20. P. Narayanan - Trade Marks Trade Name and Passing of Cases. Easter Law House,
CCLcutta. 1977.
21. P.Narayanan - Intellectual Property Law, Eastern Law House. Calcutta.
22. P.Narayanan - Law of Trade Marks (Trade Marks Act 1999) and Passing off. Eastern
Law House. House. Calcutta. 2000.
23. P.Narayanan - Patent Law, 3'dedn. Eastern Law House.
24. Paul Torremans and Jan Holyoak - Intellectual Property Law. 2nJ edn.
Butterworths. 1998.
25. Peter K. Yu, Intellectual property and Information Wealth: Issues and Practices in
the Digital Age, Pentagon Press 2009 Vol. I-IV
26. RG. Chaturvedi (ed.) Iyengar's The Copyright Act 1957, 6thedn. Butterworths. India
2000.
27. Robert F. Braunies, Intellectual Property Protection of Fact-based Works: Copyright
and Its Alternatives, Edward Elgar 2009
28. S. Venkateshwaran - The Law of Trade Marks and Passing - off. Reprint 1999.
29. Special attention should be given to literature of the U.N.System, WIPO and the
UNESCO.
30. StavroulaKarapapa, Private Copying, Routledge 2012
31. Terenee P. Stewart (Ed.). The GATT Uruguay Round : A Negotiating History (1986-
1994) the end game (Part-1) (1999), Kluwer
32. Terrell on the Law of Patents, Sweet& Maxwell, 2011
33. V. J. Taraporewala, The Law of Intellectual Property, Thomson Reuters 2nded, 2013
34. W.R.Cornish - Intellectual property Rights. 4medn. Sweet & Maxwell. 1999.
35. Watal, Jayashree, Intellectual Property Rights in the WTO and Developing
Countries, Oxford University Press 2001
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Course Description: This course is spread into 8 units. The primary focus of the course
is to deliberate on the board and its role in corporate governance. Unit-I deals with
Evolution of Corporate Governance Models, Unit-2 is on the legislative frame work of
corporate governance, Unit-3 is on focus on Board of directors, Unit-4 is on Corporate
Governance and Shareholder rights, Unit-5 emphasis is on ESG-Global Perspective,
Unit-6 is on Risk Management and Internal Control, Unit-7 is focusing on Corporate
Frauds and Unit-8 is on Corporate Social Responsibility.
COURSE OUTCOME:
At the end the students will be able to
1. Identify the issues connected with governance of corporations
2. Prepare the strategies and terms to enable a business entity to minimise frictions
due to non-compliance of corporate governance standards
3. Develop plans for mitigating the risks through due diligence in corporate
transactions by way of good governance standards
4. Compare the best practices and differentiate the Indian corporate governance
standard with Global corporate governance norms, including ESG.
TEACHING METHODOLOGY: Lecture, Panel Discussion, Role play and Case study
of corporate governance issue of corporations.
Learning Outcome: At the end of this UNIT the students will be familiarized with
corporate governance models and its significance
Learning Outcome: At the end of this UNIT the students will be familiarized with the
legislative framework of corporate governance in India.
2.1. Companies Act, 2013
2.2. SEBI
2.3. Listing agreement
2.4 Allied Corporate Legislations
Learning Outcome: This UNIT enables a student to get a detailed picture about the
role of Board of Directors in Corporate governance.
Learning Outcome: At the end of this UNIT the students will be familiarized with the
concept of corporate governance and the role and importance of it in protecting the
rights of shareholders. Students will also be familiarized with investor protection in
India.
4.1. Rights of shareholders
4.2. Challenges in exercising shareholder’s rights
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Learning Outcome: At the end of this UNIT the students will be familiarized with the
concept of corporate governance and the role and importance of its stake holders.
5.1. ESG-Introduction
5.2. Employees
5.3. Customers
5.4. Institutional Investors
5.5. Creditors
5.6. Community
5.7. Government
Learning Outcome: At the end of this UNIT the students will get an insight into
corporate frauds, reasons and the ways and means to deal with the same.
SCHEME OF VALUATION
CIA I – Class Test / Assignment / Presentation – 10%
CIA II – Mid Semester Examination – 25%
CIA III – Research Topic – 10%
Attendance – 05%
End Semester Examination – 50%
TOTAL 100%
SUGGESTED READINGS:
1. Prof. N. Balasubramanian, ‘ Corporate Governance and Stewardship’
2. Petri Mantyasaari, ‘Comparative Corporate Governance’ Springer
3. Jonathan Charkham, ‘Keeping Better Company’ Oxford
4. Kevin Keasey, Steve Thompson, Michael Wright, Corporate Governance,
Accountability, Enterprise and International Comparisons
5. Christine Mallin, International Corporate Governance- A case Study approach
6. Frederick Lipman & Keith Lipman, Corporate Governance Best Practices,
Strategies for Public, Private and NGOs
7. A.C. Fernando, Policies and Practices
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COURSE OUTCOMES:
On completion of the course students will be able to:
Learning Outcome: At the end of this UNIT the students will be equipped with good
writing, analytical and presentation skills
ASSESSMENT –
Fifty percent of the evaluation will be done on the basis of student ability to select the
contemporary issue and preparing a report. The remaining fifty percent is allotted to
presentation of the legal issue.
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COURSE OBJECTIVES: To equip the students to teach UG law students and make
them understand art of preparing for the classes. This course is in continuation of the
Practical –II
COURSE OUTCOMES:
On completion of the course students will be able to:
DESIGN: Students will be assigned a topic from UG courses and they have to prepare
and teach the UG students in classroom. Students are required to research and prepare
teaching report and notes for the class. Students have to make their presentations before
the panel constituted for the purpose before engaging a UG class. Students are required
to prepare for the UG class under the guidance of a Teacher. Students have to engage 10
sessions to satisfy the requirement of this course.
ASSESSMENT: Fifty percent of the evaluation will be done on the basis of student
ability prepare the teaching notes and preparing a report. The remaining fifty percent is
allotted to his performance in the classroom as a teacher.
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LLM281CCL DISSERTATION
(No. of Hrs. 60-80 Hrs.)
COURSE OBJECTIVES: This course is designed to test the research prowess of the
students and their analytical skills. It is aimed at enabling the students to hone their
skills as a researcher that would be of immense help to them in their career.
Students are required to select their dissertation topic at the beginning of the academic
year (1stSemester) and register with a faculty member for Guidance.
Dissertation work carries 200 marks in total and research report has to be submitted
before the commencement of the examination of 2nd Semester.
COURSE OUTCOME: Students will be able to-
1. Formulate legal research problem.
2. Identify proper research methodology to deal with the legal issue.
3. Apply objective, logical legal reasoning to make arguments and arrive at
conclusions
4. Draft a research report.
Learning Outcome: This subject will help the students to enhance their research,
analytical and writing skills.
EVALUATION
1. Research Proposal - 15%
2. Submission of Progress Report – 15 %
3. Research Report – 60 %
4. Viva - 10 %
TOTAL 100%