Course Objectives
OBJECTIVES: This course is designed to acquaint the students with the framework of Industrial relations in our country. Further, the importance of the maintenance of Industrial peace and efforts to reduce the incidence of Strikes and Lockouts is to be emphasized. The main theme underlying the course is to critically understand the provisions of the Trade Unions, the types of machinery contemplated under the provisions relating to the Industrial Disputes for the prevention and settlement of industrial disputes Further, the objectives underlying the Industrial Employment (Standing Orders) and Disciplinary Enquiry for Misconduct are to be studied to acquaint the students with misconduct and the procedure to be followed before punishing the misconduct alleged and established. Further, the students are to be acquainted with the social security framework prevailing in our country. It is necessary to know the concept of social security, its importance and the constitutional basis for the same in India. The importance of ensuring the health, safety and welfare of the workmen and social assistance and social Insurance Schemes under various legislations are to be emphasized. The main theme underlying the course is to critically examine the provisions relating to payment of wages of the workmen and the machinery provided for protecting the interests of the workers. The course aims to impart knowledge about the wages, payment of bonus, audits, etc for workmen in industries and factories as per the Wages Code, 2020.
Course Outcomes
After the completion of this course the student will be able to:- Understand the provisions of the Trade Union and industry.
- Comprehend the standards and techniques of Industrial relations.
- Understand the technicalities and concepts of industrial dispute and apply the relevant provisions of law.
- Know the legal provisions and concepts of Lay-Off and Lock-Out, Retrenchment, Strike, Wages and Workman.
- To develop extensive knowledge regarding provisions relating to trade unionism
- To understand the provisions relating to minimum payment of wages, Bonus, etc of the workers.
- Understand in detail Laws related to Factories and Apprentices
- Know the offences and penalties under the Wages code 2020
Modules
| Module 1 | |
| INDUSTRIAL RELATIONS CODE | |
| 1. | Historical reasons for the formation of combinations of workers, legal impediments |
| 2. | International Labour Organisation – its influence in bringing changes in national legislations. |
| 3. | Trade Union – Definition, Registration and Recognition |
| 4. | Immunities in trade disputes : Criminal and Civil |
| Module 2 | |
| INDUSTRIAL RELATIONS: THE INDUSTRIAL DISPUTES | |
| 1. | Industry – Conceptual Analysis. |
| 2. | Standing orders |
| 3. | Mechanism to dispute Resolution |
| 4. | Concept of ‘Workman’ |
| Module 3 | |
| CAUSES OF INDUSTRIAL DISPUTE | |
| 1. | ‘Strike’ &‘Lock out’ :Concepts, legality and justification |
| 2. | ‘Lay off’ ‘Retrenchment’ & ‘Closure’ |
| 3. | Analysis of the Concepts, Pre-requisites |
| 4. | Unfair Labour Practices |
| Module 4 | |
| WAGES CODE 2020 | |
| 1. | Minimum Wages and Payment of Wages |
| 2. | Payment of Bonus |
| 3. | Offences and Penalties |
| 4. | Miscellaneous |
Recommended Resources
1. B. Pai, Labour Law in India (2001)Course Objectives
This course is designed to study the principles of Tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued and matters connected therewith. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, the inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. The objective 43 of the course is to set out the law of private rights and remedies which is unique in nature as it is not covered under any statute. Students will be well acquainted with this branch of law governing actions for damages for injuries to certain kinds of rights, like the right to personal security, property, and reputation. The students will be able to conceptually understand the standing of a person in tort, justifications of tort, discharge of torts, vicarious liability, strict liability, product and services liability and remedies. Students will be acquainted with the rules for Motor Vehicle Accident Claims and the rights and remedies under Consumer Protection Act, 2019.
Course Outcomes
After the completion of this course the student will be able to:- Understand the Concept of Tort as a civil wrong and the remedies available to the aggrieved party.
- Gain knowledge about Torts against persons, including Assault, Battery, Mayhem, False imprisonment.
- Understand Torts against property and the concept of Trespass.
- Comprehend the concepts of Defamation, Nuisance, Negligence, Fraud.
- Fathom the principles of vicarious and strict liability and the Judicial and extrajudicial remedies.
- Grasp the concepts in the Consumer Protection Act, the importance of consumer protection law and its implementation through consumer dispute redressal commission.
- Identify and understand the elements of Motor Accident Claims under the Motor Vehicles Act.
Modules
| Module 1 | |
| General Principles of Tort | |
| 1.1. | Tort: Definition, Nature, Scope and object of Tort, Tort in India. |
| 1.2. | Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued. |
| 1.3. | Damnum Sine Injuria, Injuria Sine Damnum |
| 1.4. | Volenti non-fit Injuria, Ubi jus ibi remedium |
| 1.5. | Extinguishment of Liability in Tort |
| 1.6. | General Defenses and Discharge of Torts |
| Module 2 | |
| Torts against person, property, Freedom &Reputation | |
| 2.1. | Trespass to Person: Assault, Battery, Mayhem, False imprisonment. |
| 2.2. | Torts affecting Property (Movable & Immovable): Trespass, Trespass ab initio etc. |
| 2.3. | Torts related to Reputation (Defamation) & Personal Relations |
| 2.4. | Torts affecting person &Property: Nuisance, Negligence, Fraud |
| 2.5. | Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process |
| Module 3 | |
| Principles of Liability in Torts and Legal Remedies | |
| 3.1. | Vicarious Liability: Basis, scope, Justification, Different types |
| 3.2. | Principle of Strict Liability: Ryland V. Fletcher case with exceptions |
| 3.3. | Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food Oleum Gas Leakage case and orientation to Public liability Insurance Act, 199. |
| 3.4. | Judicial and Extra Judicial Remedies |
| Module 4 | |
| Concept of Consumer & Consumer Protection Act 2019 | |
| 4.1. | Consumer: Definition; Defect in goods |
| 4.2. | Services: Types of services, Deficiency-meaning, Denial of Services, Commercial & Professional Services, Medical Services. |
| 4.3. | Consumer Protection Councils. |
| 4.4. | Consumer Disputes Redressal Agencies: District Commission, State Commission & National Commission, Judicial Review. |
| 4.5. | Motor Vehicles Act, 1988- Motor Accidents Claims- Claims Tribunals. |
| 4.6. | Liability without fault and third-party risks under Motor Vehicles Act, 1988. |
Recommended Resources
1. Salmond and Heuston – On the Law of Torts, Universal, Delhi2. D.D. Basu. The Law of Torts, Kamal, Calcutta. D. M. Gandhi Law of Tort Eastern, Lucknow
3. P.S. Achuthan Pillai, The Law of Torts, Eastern,
Ratanlal&Dhirajlal.. The Law of Torts, Wadhwa. Winfield and Jolowiz on Torts, Sweet and Maxwell, London.
4. Saraf, D. N. Law of Consumer Protection in India, Tripathi, Bombay
5. Avtar Singh. The Law of Consumer Protection, Principles and Practice, Eastern Book Co. Lucknow.
6. J. N. Barowalia, Commentary on Consumer Protection Act, 1986, Universal Delhi.
7. P. K. Majumdar, The Law of Consumer Protection In India, Orient Publishing Co. NewDelhi.
8. R.M. Vats, Consumer, and the Law, Universal, Delhi. Winfield and Jolowiz on Tort, Sweet and Maxwell London.
9. Saraf, D. n. Law of Consumer Protection in India, Tripathi, Bombay
10. P. Mathur’s Law Relating to Motor Vehicles: Eastern Book Company (Revised by Justice G. C. Mathu
Course Objectives
The objective of the course is to enable the students to understand the contractual obligations and their significance. They will be able to identify the nature of contracts and various types of contracts. To enumerate and understand the essentials of a valid contract and make out what amounts to the performance of a contract. They will acquire the ability to identify if there is a breach of contract and to explain the remedies in case of breach of contract. The course also covers the Specific Relief Act 1963 and hence aims to understand the remedies available therein and actions aggrieved parties can seek.
Course Outcomes
After the completion of this course the student will be able to:- Identify the commencing point of contractual obligations.
- Test the validity of contracts by applying the essentials of valid contracts.
- Identify the nature of the contract and contractual liabilities.
- Understand the performance of a contract
- Identify and Apply the remedies available in case of breach of contract from the Contract Act and Specific Relief Act.
- Understand the remedies that can be availed by adopting various legal proceedings.
Modules
| Module 1 | |
| Sections 1 – 9, 30 – 37 and 68 – 72 of the Indian Contract Act 1872 | |
| 1.1. | INTRODUCTION History and nature of a contractual obligation Contemporary Relevance |
| 1.2. | OFFER, ACCEPTANCE AND ITS COMMUNICATION |
| 1.3. | Types of Contracts Including – Contingent Contract, Quasi Contracts, Standard Form Agreements and EContracts ( Includes Legal Recognition to E-Contracts as per the Information Technology Act ( Section 2 – 16) Definitions, Digital Signatures, Electronic Governance, Attribution, Acknowledgment and Despatch of electronic records, Clickwrap and Shrink Wrap Contracts) |
| Module 2 | |
| Section 10-30 | |
| 2.1. | Essential Ingredients for Enforceability (Sections 10 – 30) |
| 2.2. | Competency of Parties |
| 2.3. | Free Consent |
| 2.4. | Consideration |
| 2.5. | Unlawful Object and Consideration |
| 2.6. | Void Agreements |
| Module 3 | |
| Sections 36 – 67 and 73-75 | |
| 3.1. | Performance of Contract |
| 3.2. | Discharge of contract |
| 3.3. | Breach of Contract |
| 3.4. | Types of Damages & Remedies for Breach |
| Module 4 | |
| 4.1 | Origin of Specific Relief as Equitable Relief |
| 4.2 | KINDS OF RELIEF IN Specific Relief Act 1963 |
| 4.2.1. | Possessory Remedies |
| 4.2.2. | Specific Performance of Contracts |
| 4.2.3. | Contracts that cannot be specifically performed |
| 4.2.4. | Substituted Performance of Contract |
| 4.2.5. | Rectification of Instruments |
| 4.2.6. | Recession of Contract |
| 4.2.7. | Cancellation of instrument |
| 4.2.8. | Declaratory Decree |
| 4.2.9. | Injunctions |
Recommended Resources
1. Ansons, Law of Contract, (OUP UK)2. Bajaj Puneet, Law of Contract (Macmillan)
3. Bangia, R.K, Contract I: With Specific Relief Act (LexisNexis)
4. Bhatt Sairam, Law Of Business Contract s In India Sage Publications
5. Chopras D.S, Cases And Materials On Contract Law & Specific Relief (Thomson Reuters)
6. Charles Fox, Working with Contracts, What they don’t teach you at Law Schools
7. Cracknell, D.G, Obligations: Contract Law, (Old Baily Press London)
8. Fifoot, Law of Contract (Butterworth).
9. Gupta Ritu, Law of Contract: Includes the Specific Relief Act 1963, ( LexisNexis Haryana)
10. Shetty Krishna, Simplest Book on Contract Law, Naveen Publications.
11. Kapoor S.k, “ Law of Contracts I Section 1 to 75 of the Indian Contract Act, 1872 and the Specific Relief Act 1963, (Central Law Agency)
12. Mitra S.C, Law of Contracts, (Orient Publishing)
13. Mulla Dinshaw F, Indian Contract Act, (LexisNexis)
14. Muray, Rayan, Contract Law: The Fundamentals, (Sweet & Maxwell)
15. Pathak Akhileshwar, Contract Law, (Oxford)
16. Pollock & Mulla "Indian Contract Act and Specific Relief Act” (LexisNexis)
17. Ramaswamy, B.S, Contracts and their Management, (Lexis Nexis).
18. Singh Avatar, (EBC)
19. Singh, R. K, Law Relating to Electronic Contracts ( LexisNexis).
Course Objectives
The Course aims at training students for the legal profession from the perspective of language of the law and its interpretation and enabling them to get familiar with concepts and principles of law. This course will equip students to become familiar with the formalized and professional language which is used in the Court of Law. They will be able to understand the meaning and application of legal Maxims in written and oral submissions advanced before the Courts. This course intends to train the students in reading, intellectually understanding and citing cases. The students will acquire expertise in comprehending the abbreviation of Law Reports and search of case laws in the relevant Law Reports and e-data bases. The students will be well versed in the study of precedents with relation to case laws involving matters of public importance, decided by the various Courts.
Course Outcomes
After the completion of this course the student will be able to:- Get accustomed to the language of the Court and with the legal concepts.
- Search the case laws with ease.
- Understand the application of Legal Maxims.
- Understand the use of Law Reports.
- Read and understand statute and its classification
- Use the precedents in the litigation.
Modules
| Module 1 | |
| 1.1 | Legal Concepts - Law, Custom, Justice, Right, Duty, Wrong, Remedy, Fact, Person, Offence, State, Plaint, Complaint, Suit, Affidavit, Judgment, Appeal, Review, Revision, Reference, Writ, Stay Order, Injunction, Adjournment, Cause of Action, Issue, Charge, Bail, Ex-Parte, Discharge, Acquittal, Conviction, Legal heirs, Legal Representative, Power of Attorney, International Law, Arbitration, Jurisdiction, Amicus Curiae. |
| 1.2 | Legal Maxims -
|
| Module 2 | |
| 2.1 | Law Reports, Magazines and References to Case Laws -
|
| 2.2 | Statutes (Enactments) - - Meaning and Classification |
| 2.3 | Commencement of Statutes - - Prospective application, Retrospective effect, Repeal of Statutes, Provisions dealing with repeal under the General Clauses Act. |
| 2.4 | General English - -Essay writing, comprehension, and rules of grammar, Active-passive, direct and indirect speech, degrees of comparison, kinds of sentencesinterrogative, exclamatory, imperative, assertive, positive, and negative Question tags |
| Module 3 | |
| 3.1 | Legislative Material - -
|
| 3.2 | Judicial material – Ratio and guidelines of courts in the following cases, minority, and majority judgements - -
|
| Module 4 | |
| 4.1 | Rules of interpretation of Statutes - - Literal, Mischief and Golden rule of interpretation Secondary Rules or Subsidiary Rules of Interpretation- Noscitur a Sociis, Ejusdem Generis, Reddando Singula Singulis, Interpretation with reference to the subject matter and purpose – Restrictive and beneficial construction, Taxing statutes, Penal statutes and Welfare legislation, Interpretation of directory and mandatory provisions, Interpretation of substantive and adjunctively statutes. |
| 4.2 | Presumptions in Statutory interpretation - - Statutes are valid, Statutes are territorial in operation, Presumption as to jurisdiction, Presumption against what is inconvenient or absurd, Presumption against intending injustice, Presumption against impairing obligations or permitting advantage from one’s own wrong. |
| 4.3 | General Clauses Act, 1897 |
Recommended Resources
1. Legal language and Legal Writing by Prof D.K. Shukla.2. Legal Language and Legal Writing by Prof. Dr. K.L.Bhatia.
3. G.P Singh, Principles of Statutory Interpretation
4. Golden Legal Maxims by Maxwell
5. Broom’s Legal Maxims, Lexus Nexis
6. Law Lexicon
7. Latin words, phrases, and maxims by R. S. Vasant
8. Maxwell on Interpretation of Statutes.
9. N.S. Bindra’s Interpretation of Statutes
10. V. Sarthy, Interpretation of Statutes
11. Avatar Singh Interpretation of Statutes
12. Dr. Shrikant Mishra’s Legal Language and Legal Writing
13. Wren and Martin, English Grammar
Course Objectives
Professional legal education cannot be sans practical aspects. This course is as prescribed by the Bar Council of India(BCI) as a compulsory clinical course. The objective of this course is to equip the students with the knowledge about the Bar, enrolment into the Bar, different terminology used to refer to practitioners of law, Bar Councils under the Advocates Act, qualities of a good lawyer, Right to practice and privileges, The course is designed to imbibe in students the values forming the basis of the profession so that they can live up to those standards in their professional life and hence includes BCI laid down professional ethics and the disciplinary powers of Bar Council over the advocates for misconduct in the teachinglearning of this course. The course aims at providing an insight into the Contempt of Courts Act, 1971 as prescribed by BCI. The course endeavors to teach the bar- bench relations and accountancy for lawyers.
Course Outcomes
At the end of the course, the students will be able to:- Understand the eligibility and procedure for enrolment and required ethical standards of the legal profession.
- Distinguish between the different kinds of lawyers and their roles
- Know the qualities of a good lawyer, privileges of a lawyer and the right to practice
- Know duties of advocates andthe rules of legal professionalism
- Know professional misconduct and powers and procedure for disciplinary action against erring advocates
- Know and apply the contempt of court law and basic accountancy required for advocates
Modules
| Module 1 | |
| 1.1. | Enrolment of Lawyers- Qualifications prescribed u/s 24 of the Advocates Act 1961 and procedure |
| 1.2. | Common Terminology: Solicitor, Advocate, Lawyer, Senior Counsel, Junior Counsel, Legal Practitioners, Barrister, AOR,Amicus Curie |
| 1.3. | Seven Lamps of Advocacy: Honesty, Courage, Industry, Wit, Eloquence, Judgment and Fellowship |
| 1.4. | The Bar Council of India and the State Bar Council- Constitution, Powers and Functions |
| 1.5. | Privileges of a lawyer- Salient features of the Advocates Act, 1961 |
| 1.6. | Right to Practice |
| 1.7. | Designation as Senior Counsel: Indira Jaising v/s SC of India (SC 2017) |
| Module 2 | |
| 2.1. | Professional Ethics- Power of Bar Council of India, Meaning and Standards of professional conduct and etiquette |
| 2.2. | Duties
|
| 2.3. | Duty to Render Legal Aid |
| Module 3 | |
| 3.1. | Professional Misconduct |
| 3.2. | Punishment for misconduct |
| 3.3. | Remedies against the order of punishment |
| 3.4. | Review by the State Bar Council of its own order |
| 3.5. | Disciplinary Committee of the State Bar Council- Organisation and powers and procedure |
| 3.6. | Disciplinary Committee of the Bar Council of India- Organisation and powers and procedure |
| 3.7. | Transfer of proceedings from the State Bar Council to the Bar Council of India |
| 3.8. | Selected opinions of the Disciplinary Committee of Bar Councils and Major Judgments of the Supreme Court on the subject. |
| Module 4 | |
| 4.1. | The Contempt Law and Practice- Articles 129 and 215 of the Constitution of India, Contempt of Courts Act, 1971 |
| 4.2. | Bar Bench relations - Role of the Bar to Strengthen Bar-Bench Relations |
| 4.3. | Accountancy for Lawyers i.Amount due to the client or amount due by the client; ii.Penalty for not keeping Account Books; iii.Bar council Rules relating to accounting. iv.Basic principles of accounting, financial statements, balance sheet, income statement |
Recommended Resources
Mr. Krishnamurthy Iyer’s book on “Advocacy”Professional Conduct and Advocacy B S Raman
Advocates Act, 1961
Contempt of Courts Act, 1971
N R Madhava Menon, (ed,) - Clinical Legal Education (1998), Dr B Malik, (Ed)
Art of Lawyer (New Delhi, Universal Book Agency, 1999)