Course Objectives
The objective of this course is to acquaint students with the basic principles of administrative law, its growth, and utility. This course will deal with the nature, scope and functions of Administrative Law, the nature and control of delegated legislative power, regulation of discretionary powers and general principles of administrative adjudication. This course will further deal with the role played by courts in the development of Administrative Law. The focus is on their role in protecting the rights of individuals against abuse of administration. In addition, adjudicatory powers of the administration and liability of administrative authorities are also studied in this course. This course aspires to educate students on comparative study of provisions of administrative law of France, England, America and India. It aims to provide an analysis of growing need of administrative law with special reference to civil services in India. The students will be equipped to examine the importance of delegated legislation and explore contractual and tortuous liability of Government. Importance of public corporations and rules of natural justice too will to be imparted. Overall, this course intends to comprehensively familiarize students with Administrative Law which is concerned with controlling the misuse of public power, by laying down general norms of administrative behaviour.
Course Outcomes
After the completion of this course the student will be able to:- Recognize and trace the evolution of the concept of Administrative Law and principles of Natural Justice.
- Understand the role of Judiciary and Executive in the growth of Administrative Law as a new branch of Law.
- Evaluate the powers of the three organs of the Government, Executive, Legislature and Judiciary, importance of separation of powers, rule of law and the theory of checks and balances.
- Comprehend the role played by civil servants and public corporations in achieving the welfare of the citizens.
- Study the Concept of Delegated Legislation as a necessary tool for smooth functioning of Government.
- Understand the contractual and tortious liability of Government and also the western concept of Ombudsman in Indian context i.e. Lokpal and Lokayukta.
Modules
Module 1 | |
1.1 | Introduction |
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1.2 | Basic Constitutional Principles |
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1.3 | Classification of Administrative Functions |
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Module 2 | |
2.1 | Delegated Legislation |
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2.2 | Safeguards and Controls on Delegated Legislation |
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2.3 | Principles of Natural Justice |
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Module 3 | |
3.1 | Administrative Tribunals |
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3.2 | Administrative Discretion & Judicial Control, Judicial Remedies against administrative Arbitrariness |
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3.3 | Liability of Government for wrongs |
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Module 4 | |
4.1 | Corporations and Public Undertakings |
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4.2 | Informal methods of settlement of disputes and Grievance Redressal Procedures |
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4.3 | Civil Services in India |
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4.4 | Right to Information Act, 2005 |
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Recommended Resources
1. C. K. Takwani, Lectures on Administrative law, Third Edition, Eastern Book Company.2. S.P. Sathe, Administrative law, Seventh Edition, LexisNexis.
3. H.W.R. Wade And C.F .Forsyth, Administrative Law, Eleventh Edition, Oxford.
4. M.P. Jain and S.N. Jain, Principles of Administrative Law, Seventh Edition Volume
2, LexisNexis Butterworth’s Wadhwa, Nagpur.
5. I.P.Massey, Administrative Law, Sixth Edition, Eastern Book Company.
6. M.P.Jain, The Evolving Indian Administrative Law, N. M. Tripathi Private Ltd,1983.
7. Prof. Saiyed I.A:-Administrative Law.
Course Objectives
The focus of this course in on the study of the concept of 'Property' the' nature of property rights' and the general principles governing the transfer of property. The objective of this course is to enable students to understand the basic philosophy of property law and its nuances and to develop a sound grasp of the foundation of the laws relating to transfer of property including gaining knowledge about the concept of property and kinds of property as well as understanding the general principles governing transfer of property. The intention is to facilitate a study of the substantive law on transfer of property, pertaining to specific modes of transfer of property, inter vivos, including sale, mortgage, lease, gift, exchange and transfer of actionable claims and to appreciate the implications of registration and stamp duty thereon. This course includes Indian Easements Act, 1882 for study. The course provides an insight on the kinds of stamps, adjudication, liability to pay stamp duty, time for payment of stamp duty, ramification of non-payment or insufficient payment and allowances for stamps together with knowledge of documents requiring compulsory registration, time for registration and understanding the consequences of non-registration.
Course Outcomes
After the completion of this course the student will be able to:- Understand the theoretical basis of the general principles governing transfer of property.
- Analyze and understand the practical application of the legal provisions pertaining to specific modes of transfer of property.
- Understand the law and applicability of easements in India
- Assess the estimation of stamp duty payable as well as the timelines within which stamp duty is required to be paid on an instrument.
- Assess the requirement of registration for a document and the timelines within which a document needs to be registered.
- Interpret the relevant judicial precedents on transfer of property, stamp duty, registration and matters ancillary and incidental thereto.
Modules
Module 1 | |
1.1 | Meaning of property under the Transfer of Property Act, 1882: Kinds of property – movable and immovable Definitions |
1.2 | General principles of transfer of property
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Module 2 | |
2.1 | Specific Transfers under the Transfer of Property Act, 1882:
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Module 3 | |
3.1 | Specific Transfers under the Transfer of Property Act, 1882:
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3.2 | Indian Easements Act, 1882 |
Module 4 | |
4.1 | Registration Act, 1908: |
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4.2 | Maharashtra Stamp Act, 1958: |
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Recommended Resources
1. S. N. Shukla, Transfer of Property Act, Allahabad Law Agency (January 2020)2. Avtar Singh & Harpreet Kaur, Transfer of Property Act, Universal Law Publishing (January 2019)
3. Vepa P. Sarathi, Law of Transfer of Property, by Mallika Taly, EBC (January 2017)
4. G. P. Tripathi, The Transfer of Property Act, Central Law Publications (January 2016)
5. Dr. R. K. Sinha, The Transfer of Property Act, Central Law Agency (January 2021)
6. The Registration Act, 1908, Universal Law Publishers (January 2020)
7. The Registration Act, 1908, Professional Book Publishers (January 2020)
8. Maharashtra Stamp Act, 1958, by Sunil Dighe, Snowhite (January 2020)
9. Maharashtra Stamp Act, 1958, Current Publication (December 2020)
Reference Books
1. Mulla, Transfer of Property Act, by Dr. Poonam Pradhan Saxena, Lexis Nexis, 13th Edition(2018)2. G. C. V. Subbarao, Transfer of Property Act, C. Subbiah Chetty & Co., 16th Edition (Reprint January 2021)
3. Sir H.S. Gour’s Commentary on The Transfer of Property Act, Delhi Law House, 14th Edition (2016)
4. Megarry& Wade, The Law of Real Property, Sweet & Maxwell Ltd., 9th Edition (August 2019)
5. Darashaw Vakil’s Commentaries on the Transfer of Property Act, LexisNexis, 5th Edition (June 2017)
6. Goyle’s A Commentary on Transfer of Property Act, by Sukumar Ray, Eastern Law House, 3rd Edition (January 2020)
7. Sanjiva Row, Transfer of Property Act, Universal Law Publishing, 9th Edition (May 2017)
8. Mulla, The Registration Act, LexisNexis, 14th Edition (January 2020)
9. Digest on the Registration Act, 1908, Kamal Publishers, 3rd Edition (January 2019)
10. Maharashtra Stamp Act, 1958, by A. K. Gupte, Hind Law House (2021)
Suggested Websites :
1. http://igrmaharashtra.gov.in
2. https://bhulekh.mahabhumi.gov.in
3. https://lj.maharashtra.gov.in
Course Objectives
The knowledge of family laws is important for law students and lawyers. This course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc. The study of family laws under this course covers provisions relating to Hindu law from the ancient period of Vedas, Shruti’s, Smriti’s etc. till the modern period of legislation. The course t also mainly focuses on origin, establishment and development of Hindu Law. It aims to educate students on various matrimonial remedies available under various laws. The Course also imparts details about Uniform Civil Code and its applicability. The object of this course t is to deal with legal incidence of joint family system, evolution of marriage and family, essentials of marriage. The course examines in detail fundamental concepts dealing with joint family, coparcenary, partition, intestate succession as well as the law relating to gifts, wills and inheritance.
Course Outcomes
After the completion of this course the student will be able to:- Examine historical and social contexts that have influenced the modern definition and regulation of families.
- Have a deeper insight of the foundation of Hindu Law.
- Understand the important concepts of Hindu Law- marriage, adoption, guardianship, maintenance and Hindu succession etc.
- Understand new and emerging types of families.
- To critically evaluate the application of Uniform Civil Code and its application in Indian scenario.
- Understand the constitution and functions of Family Courts in India.
- Ascertain and acquire skills required for remedies in matrimonial issues.
Modules
Module 1 | |
1.1. | Evolution of the institution of marriage and family. |
1.2. | Role of religious rituals and practices in molding the rules regulating to marital relations |
1.3. | Types of family based upon Lineage – patrilineal, matrilineal Authority structure patriarchal and matriarchal Location- patrilocal and matrilocal Number of conjugal units-nuclear, extended, joint and composite. |
1.4. | Emerging concepts: Maitri Sambandh and divided home |
1.5. | Hindu Marriage Act 1955 |
1.6. | Benami Transaction Act, 2016 |
1.7. | Special Marriage Act, 1954 |
1.8. | Domestic Violence Act, 2005 |
1.9. | Establishment of family Courts – Family Courts Act, 1984 |
1.10. | Constitution, power and functions Administration of gender justice |
Module 2 | |
2.1. | Mitakshara joint family |
2.2. | Mitakshara coparcenary-formation and incidents Property under Mitakshara law-separate property and coparcenary property. |
2.3. | Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law |
2.4. | Karta of the joint family-his position, powers, privileges and obligations |
2.5. | Alienation of property-separate and coparcenary |
2.6. | Debt-doctrines of pious obligations and antecedent debt. |
2.7. | Sec.6- Devolution of interest in coparcenary property under Hindu Succession Act. |
2.8. | Partition and re-union |
2.9. | Joint Hindu family as a social security institution and impact of Hindu Gains of Learning Act and various tax laws on it. |
2.10. | Matrilineal joint family |
Module 3 | |
3.1. | Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956. |
3.2. | Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956 |
3.3. | Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956. |
3.4. | Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956 |
3.5. | Disqualification relating to succession |
3.6. | General rules of succession |
Module 4 | |
4.1. | Hindu Adoptions and Maintenance Act, 1956 |
4.2. | Adoption by members of other religion with special reference to CARA Rules |
4.3. | The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 |
4.4. | The Hindu Minority and Guardianship Act, 1956 |
4.5. | Uniform Civil Code |
4.5.1. | Custody, maintenance and education |
4.5.2. | Guardianship and parental rights – welfare of the child principle |
4.6.1. | Religious pluralism and its implications. |
4.6.2. | Connotations of the directive contained in Article 44 of the Constitution |
4.6.3. | Impediments to the formulation of the Uniform Civil Code |
4.6.4. | The idea of Optional Uniform Civil Code. |
Recommended Resources
1. Modern Hindu Law by Dr. Paras Diwan, Allahabad Law Agency2. Hindu Law by Sir Dinshaw Fardunji Mulla, Lexis Nexis
3. Hindu Law by G.C.V. Subba Rao, Gogia Law Agency
4. Hindu Law by B. M. Gandhi, Eastern Book Company
5. Supreme Court on Hindu law by Hari Devi Kohli, Universal Law Publication
6. Hindu Law and Constitution by A. M. Bhattacharjee, Eastern Law House
Course Objectives
This course is designed to understand the formation, management and other activities of the companies. In view of the important developments that have taken place in the corporate sector. Important regulations pertaining to the issue of shares and the capital raising have come into force. The objective of this paper is to enlighten students about various and vital concepts of Company Law with recent changes. This course aspires to edify students with compliances related to formation, management, prospectus, securities, financial aspects, meetings, etc.
The course includes to identification of different types of malpractices committed and levy of punishment provisions for breach of law. The students will be in a position to develop an understanding of emerging issues in Company Law related to Environmental Social Governance, Corporate Governance, Insider Trading, Corporate Social Responsibility and National Company Law Tribunal and National Company Law Appellate Tribunal with winding up.Overall, this course aims to impart the students, the corporate management, control, possible abuses, the remedies and government regulation of corporate business and winding up of companies.
Course Outcomes
After the completion of this course the student will be able to:- Identify and understand various provisions of Companies Act, 2013 read with Rules and Schedules.
- Understand emerging trends of business world related to Environmental Social Governance, Corporate Governance and Insider Trading.
- Apprehend the impact of non-compliances of the laws and regulations.
- Get practical exposure of understanding organisational structure followed by Corporates and duties and responsibilities of different personnel working for them.
- Grasp different methods of collecting finance by companies and duties involved around it including maintaining proper records and getting them checked and audited for different purposes.
- Analyse and appreciate different concepts and doctrines under Companies Act, 2013
Modules
Module 1 | |
1.1 | Basic principles of company law for incorporation, prospects and Securities - |
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1.2 | Incorporation of companies & matters incidental thereto - |
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1.3 | Prospectus & allotment of securities - |
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1.4 | Share capital & debentures - |
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Module 2 | |
2.1 | Acceptances of deposits - |
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2.2 | Registration of charges - |
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2.3 | Meetings - |
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2.4 | Dividend |
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2.5 | Accounts, Audit &Auditors - |
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Module 3 | |
3.1 | Directors - |
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3.2 | Board constitution and its powers - |
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3.3 | Appointment and remuneration of managerial personnel - |
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3.4 | Prevention of oppression and mismanagement - |
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Module 4 | |
4.1 | Corporate Social Responsibility & secretarial audit - |
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4.2 | Winding Up - |
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4.3 | Environmental, Social &Governance and Corporate Governance |
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4.4 | Insider Trading |
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Recommended Resources
1. Dr. Avtar Singh, Company Law; Eastern Book Company, 34, Lalbagh, Lucknow2. Ramaiya, Guide to the Companies Act; Lexis Nexis, Butterworths Wadhwa, Nagpur
3. Taxmann’s, Circulars & Clarifications on Company Law; 59/32, New Rohtak Road,
New Delhi
4. L.C.B. Grower. Principles of Modern Company Law Sweet and Maxwell, London
5. S. C. Kuchal - Corporation Finance: Principles and problems.
6. Y. D. Kulshreshta- Government regulation of financial management of private corporate sector in India.
7. S. K. Roy - Corporate Image in India
8. Gower - Company Law
9. Sen - New Horizons in company law
10. D. L. Majumdar - Towards a philosophy of modem Corporation.
11. Rajiv Jain - Guide on foreign collaboration - Policies & Procedures.
12. C. Singhania - Foreign collaborations and Investments in India - Law and procedures.
13. Joyant M Thakur - Comparative Analysis of FEMA - FEMA
Course Objectives
This course is in compliance with the BCI prescription of compulsory clinical courses. The course aims at providing class room instructions including simulation exercises and extension programmes like Alternate Dispute Resolution Mechanism, LokAdalat, Legal aid Camp, Legal Literacy and Para Legal Training. The course has as its objective to teach about Free Legal Services, para legal training, legal literacy. The course also aims at imparting education in arbitration, conciliation mediation and negotiation. The course further aims at equipping the students with the use of computers and internet in legal work and legal research, with the skills of legal writing - case comments, editing of law journals and law office management.
Course Outcomes
At the end of the course, the students will be able to:- Understand well the authorities constituted under Legal Services Authorities Act, their powers, functions and role: further the students will be able to know about the legal aid services covered by the Act and persons eligible for the same
- Know the lokadalats, permanent lokadalats, para legal training and legal literacy
- Know and practice the alternative disputes resolution mechanisms under the Arbitration and Conciliation Act, 1996- negotiation, conciliation, mediation and arbitration
- Know and use computers and internet in the professional work and research
- Understand research required for Public Interest Litigation
- Know to write articles and case comments, to edit law journals and know law office management
Modules
Module 1 | |
1.1. | Legal Services Authorities Act, 1987 |
1. | Authorities |
2. | Services |
3. | Persons entitled to services |
4. | LokAdalats |
5. | Para legal training and legal literacy |
6. | Permanent LokAdalats |
Module 2 | |
2.1. | The Arbitration and Conciliation Act, 1996 |
Module 3 | |
3.1. | Enforcement of Certain Foreign Awards (In light of New York Convention Awards Geneva Convention Awards) |
3.2. | Conciliation |
3.3. | Mediation and Negotiation |
3.4. | Counselling |
Module 4 | |
4.1. | Legal writing- Article and Case Comment, Editing of a Law Journal |
4.2. | Research for Public Interest Litigation |
4.3. | Use of Computer and internet in professional legal work |
4.4. | Law office Management |
Recommended Resources
1. B.V.R .Sarma, Arbitration & Conciliation Act, 1996 (Commentary) 3rd edition 2020.2. Dr. N.V. Paranjape , Law Relating to Arbitration and Conciliation in India, 8th Edition, 2019
3. K V Satyanarayana, Law Of Arbitration And Conciliation In India As Amended By Act No. 33 Of 2019, 2nd Edition, 2021
4. Fali S. Nariman , Harmony Amidst Disharmony: The International Framework (The Arbitration Series (Vol. 2), 2020
5. O.P.Malhotra&Indu Malhotra, Commentaries on The Law and Practice of Arbitration and Conciliation (2 Vols.)4th edition, 2020
6. Justice R P Sethi , Commentary on Arbitration & Conciliation Act (in 2 Vol)3rd Edition reprint 2020
7. Dr.U. Pattabhi Ramiah, Arbitration & ADR (including Conciliation, Mediation and Negotiation)2011
8. Dr. Hemant Kumar Chand ,LokAdalat In India – Genesis, Law Practice And Prospects, 2016
9. Ashwini Kumar Bansal, Arbitration & ADR (Universal Law Series)5th edition, 2016