LLB 3 Year Course - Second Year - Semester IV

Course Objectives

This course in Jurisprudence is designed primarily, to induct students into a realm of questions concerning nature of law. Accordingly, the first part of the course sheds vivid light on various schools of law explaining, what is law, what are the purposes of law? What is the relationship between law and justice? This course aims to educate students on various legal concepts, such as, Rights, Persons, Property, Possession, Ownership, Title and Obligationand attempts to shape up a general and more comprehensive picture of each concept as a whole. This course is proposed predominantly on English model but native Indian orientation is given wherever possible with help of case laws. The course aims at developing an analytical approach to understand the nature of law and development of legal system. The concerns of jurisprudence are an inescapable feature of the law and legal system. Overall, the course aims to identify and elucidate several major principles of legal theory.

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Course Outcomes

After the completion of this course the student will be able to:

• 1. Know various theories of Law with their merits, demerits and their application in legal system.
• Identify and acquaint themselves with the various formal and material sources of law
• Understand the function and purpose of law.
• Understand thoroughly the concept of right, its elements, its kinds including rights in the wider sense i.e., the Hofliedian analysis on rights
• Know the concepts of Custody, Possession, Ownership, Title and the distinction between and among them
• Grasp and understand the different Legal Concepts: Legal Personality, Property, Obligations.
• Fathom the jurisprudential aspect of legal concepts, legal statutes, legal interpretations,

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Modules

Module 1
1.1.	Introduction, Meaning, nature, scope and importance of jurisprudence
1.2	Law
	Nature and definition of law Functions and purpose of law Classification of law
1.3	State
	Introduction, Meaning and Nature of State Elements of State- Population, Territory, Government and Sovereignty Theories regarding the origin of State- The Divine Theory, Social Contract Theory, Patriarchal Theory, Matriarchal Theory.
Module 2
2.1	Sources of law
	Formal and material sources of law Custom Meaning and Nature of Custom as a source of law Kinds of Customs Trade Usage/ Convention Essential conditions of validity of Custom
2.2	Precedent
	Meaning and nature of Precedent as a source of law Doctrine of Stare Decisis, Doctrine of Prospective Overruling and Declaratory theory of Precedents Ratio-Decidendi and Obiter Dicta Circumstances which destroy the binding force of precedent Merits and Demerits of Precedent
2.3	Legislation
	Meaning, Nature and Scope of Legislation as a source of law Kinds of Legislation Merits and Demerits of Legislation as a source of law Codification of Law Statutory Interpretation
2.3.	Convention as a source of law
Module 3
Schools of Jurisprudence
3.1	Natural Law School
	Basic Tenets of Natural Law History of Natural Law School- The Greek period, The Roman period, Christian period, Medieval period and Modern period.
3.2	Legal positivism
	Bentham’s Utilitarian theory, Austin’s Imperative/ Analytical theory, Prof. HLA Hart’s Concept of Law, Hans Kelson’s Pure Theory of Law.
3.3.	Law and Morality, Ancient Indian concept of Dharma
3.4.	Historical school of law- Savigny’s view, Puchta’s view, Main’s view Basic Tenets of Historical School.
3.4.1.	Sociological school of law Roscoe Pound’s Social Engineering Theory Basic Tenets of Sociological School
3.4.2.	Realist school of law- American Realist School The Scandinavian Realist School Basic Tenets of Realist School
3.4.3.	Feminist legal theory
Module 4
4.1	Rights and Duties
	Meaning of Rights Characteristics of legal Rights Rights and Duties correlations Rights in wider sense (Hofeldian table) Classification of Rights
4.2	Persons
	Nature of Personality Legal Status of Animal, Minor, Person of unsound mind, Drunk, Unborn and Dead person Corporate Personality- Characteristic and Theories of Corporate Personalities.
4.3	Property
	Philosophical Theories of Property Kinds of Property Modes of Acquisitions of Property
4.4	Possession
	Concept of Possession Possession in fact and possession in law Corporeal and Incorporeal Possession Modes of Acquisition Why Possession is protected Possessory Remedies
4.5	Ownership
	Definition Characteristics of Ownership Possession and Ownership Austin’s conception of Ownership Different kinds of Ownership
4.6	The law of Obligations
	The Conception of Obligation Imperfect and Perfect Obligations Simple and Solidary Obligations Sources of Obligations.

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Recommended Resources

1. Bodenheimer Jurisprudence- “The Philosophy and Method of Law” (1996), Universal Publication, Delhi.

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2. W. Friedmann, “Legal Theory” (1999) Universal Publication, Delhi.

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3. Roscoe Pond, “Introduction to the Philosophy of Law (1998-Re-print)

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4. Fizerald (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay.

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5. V.D. Mahajan, “Jurisprudence and Legal Theory” 1996 Re-print, Eastern Book, Lucknow

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6. H.L.A Hart, “The Concept of Law”, Oxford University Press, ELBS, 1970

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7. Dr. M. P. Tandon, “Jurisprudence –Legal Theory”, 19th Edition- (2016), Allahabad Law Agency, Faridabad, Haryana.

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8. Dr. Nomita Agarwal, “Jurisprudence”, 2019, Central Law Agency, Faridabad.

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9. Rohinton Mehta, “50 Lectures on Jurisprudence”, Edi. 2000, Network Publications, Mumbai

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10. Dr. B.N. Mani Tripathi, “Jurisprudence (Legal Theory), 2012 (Reprint- 16-17) Allahabad Law Agency, (Faridabad)

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11. Dr. S.R. Myneni- “Jurisprudence”, 2004 (Reprint-2010) Asia Law House, Hyderabad.

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12. Dr. Avtar Singh & Dr. Harpeet Kaur, “Introduction to Jurisprudence” 2009, Lexis Nexis (Nagpur).

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13. Jurisprudence and Legal Theory by G W Paton

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14. Jurisprudence Indian Legal Theory Prof. S.N. Dhyani, Central Law Agency

Course Objectives

This course is principally designed to equip a law student with the knowledge of special contracts apart from equipping himself/herself with general principles of contract.The objective of this course is to enable students to understand the functioning of commercial transactions and to identify the forms of business organization and structuring and the requirement and legal framework of special contracts, sale of goods and partnership laws. The intention of this course is to facilitate understanding of the various legal provisions and case studies related to special contracts, sale of goods and partnership laws.

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Course Outcomes

After the completion of this course the student will be able to:

• Understand the importance and the difference between various forms of business organizations and structuring, from a legal as well as commercial perspective.
• Appreciate the formation, liabilities and legal remedies in case of the partnership form of organizational structure.
• Understand and apply the Limited Liability Partnership Act, 2008
• Apply the provisions of sale of goods in practical commercial transactions.
• Analyse the various special contracts under the Indian Contract Act viz Indemnity, Guarantee, bailment and pledge, their significance and applicability
• Understand the rights and obligations of various stake holders in the special contracts, partnership contracts and sale of goods

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Modules

Module 1
1.1.	Indian Partnership Act, 1932
	Forms of business organization Factors taken into consideration for choice of organization Definition of Partnership & Essentials Kinds of Partnership Partnership Property Rights and Duties of a Partner Implied Authority of a Partner Minor Admitted to the benefits of Partnership Incoming and Outgoing Partner Registration of Partnership Firm Dissolution of Partnership Public Notice in case of Partnership
Module 2
2.1.	Limited Liability Partnership Act, 2008:
	Nature of Limited Liability Partnership [Sections 2 – 10] Incorporation of Limited Liability Partnership [Sections 11 – 21] Partners and their Relations [Sections 22 – 25] Extent and Limitation of Liability of Limited Liability Partnership and Partners [Sections 26 – 31] Contributions [Sections 32 – 33] Assignment and Transfer of Partnership Rights [Section 42] Conversion into a Limited Liability Partnership [Sections 55 – 58] Winding up and Dissolution [Sections 63 – 65] Difference between Limited Liability Partnership incorporated under Limited Liability Partnership Act, 2008 and a Partnership Firm incorporated under the Indian Partnership Act, 1932 and a Company incorporated under Companies Act, 2013
Module 3
3.1.	Sale of Goods Act, 1930:
	Significance of transfer of property Concept of buyer and seller Difference between sale and hire purchase Difference between sale and Agreement to Sell Condition and Warranty Delivery of goods and its rules Rules relating to passing of the property Unpaid Seller – Rights and Remedies Auction Sale
Module 4
4.1.	Special Contracts under Indian Contract Act, 1872:
	Indemnity [Sections 123 – 125] Guarantee [Sections 126 – 147] Bailment [Sections 148 – 181] Agency [Sections 182 – 238]

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Recommended Resources

1. Law of Contract II, with Indian Partnership Act and Sale of Goods Act, by R. K. Bangia,

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Allahabad Law Agency (January 2019)

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2. Law of Contract and Specific Relief Act, by Avtar Singh, Eastern Book Company (2019)

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3. Law of Contract, by Rajni Malhotra Dhingra, Taxmann (February 2021)

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4. Law of Contract I and II, with Specific Relief Act, Sale of Goods Act, Partnership Act and Negotiable Instruments Act, by Dr. S. S Srivastava, Central Law Publications (2018)

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5. Contract II along with Sale of Goods Act and Partnership Act, by Dr. S. K. Kapoor –

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Central Law Agency (2017)

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6. Contract II (Special Contracts), by Dr. S. R. Myneni, Asia Law House (2018)

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7. Law of Contract-II, by Y. S. Sharma, University Book House Pvt. Ltd. (2018)

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8. Avtar Singh’s Law of Sale of Goods, by Deepa Paturkar, Eastern Book Company (2021)

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9. Sale of Goods Act, by R. K. Bangia, Allahabad Law Agency (January 2017)

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10. The Indian Partnership Act, 1932 with Limited Liability Partnership Act, 2008, R. K. Bangia, Allahabad Law Agency (2012)

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11. Introduction to Law of Partnership, including Limited Liability Partnership, by Avtar

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Singh, Eastern Book Company (2018)

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Reference Books

1. Pollock and Mulla’s The Indian Contract Act,1872, by R. Yashod Vardhan, Chitra Narayan, Pollock, Lexis Nexis (2019)

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2. Indian Contract Act and Tenders, by Sanjiva Row, Delhi Law House (2018)

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3. Law of Contract, by M. J. Aslam, Thomson Reuters (2017)

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4. Mulla’s Indian Contract Act, by Anirudh Wadhwa, Lexis Nexis (2015)

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5. Pollock & Mulla’s Sale of Goods Act by Akshay Sapre, Lexis Nexis (2021)

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6. Benjamin’s Sale of Goods by Michael G Bridge, Sweet and Maxwell (2019)

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7. Mulla’s Sale of Goods Act and Indian Partnership, by K. Kannan, Lexis Nexis (2019)

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8. Pollock & Mulla’s Indian Partnership Act by Devashish Bharuka, Lexis Nexis (2020)

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9. The Law of Partnership along with The Limited Liability Partnership Act, 2008, by P.

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S. Narayanan & Anita Gogia, Gogia Law Agency (2021)

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10. Limited Liability Partnerships, Law and Practice, by Hitender Mehta, Commercial Law Publishers (India) Pvt. Ltd. (2020)

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11. Law Relating to Limited Liability Partnership, by D. S. R. Krishnamurti, Taxmann Publications Pvt. Ltd. (2009)

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Suggested Websites

1. www.mca.gov.in

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2. https://rof.mahaonline.gov.in

Course Objectives

This course is the second course on Constitutional Law in the professional LL B programmes of the University. This is designed to enrich student’s knowledge about the Supreme Lex. The course aspires to impart detailed understanding of various vital aspects of Indian Constitutional governance, federalism and Centre-State relations. The students will be intellectually armed with the exhaustive knowledge of the composition and jurisdiction of Supreme Court and High Courts. This course intends to highlight detailed understanding of the powers and functions of legislature and executive. At the same time, this course provides augmented acquaintance to students about concepts like independence of judiciary, judicial accountability and judicial activism in India. The students will gain in depth learning about provisions relating to Emergency and amenability of the Constitution. The Constitution and powers of various constitutional bodies will be analyzed in detail. Over all, this course emphatically prepares students to achieve intense knowledge and meticulous intricate details about imperative concepts of the Supreme law of the land. The course also encompasses study of interstate trade and commerce and cooperative societies.

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Course Outcomes

After the completion of this course the student will be able to:

• Understand the concept of Federalism and relationship and distribution of powers between Centre and State and analyse various doctrines to interpret the Union, State and Concurrent Lists
• Understand the procedure for appointment, removal and powers of President and Governor as well as various Constitutional bodies like Election Commission of India, Attorney General and Advocate generals, Comptroller and Auditor General of India.
• Comprehend in detail the qualifications, disqualifications of members of legislatures and executives and powers and privileges of Centre and State Legislatures.
• Understand and fathom the Composition and Jurisdiction of Supreme Court and High Court and the concepts of Independence of Judiciary, Judicial accountability and judicial activism.
• Understand and identify the provisions relating to declaration of various emergencies ad their interpretation
• To know and appreciate the provisions of the Constitution as to the power, procedures and restrictions on amending the Constitution and their interpretation , including the Basic Structure Doctrine
• To understand the provisions of the Constitution on interstate trade and commerce and cooperative societies

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Modules

Module 1
1.1	Foundation
	Concept and Idea of Federalism State and Union territories (Part-I and Part- VIII) Features of Indian Federalism Local self-governing Bodies: Panchayats and Municipalities (Part IX and IX-A) Scheduled and Tribal Areas (Part X) Special Status of some States (Part- XXI) Forms of Government
1.2	Concept of Cooperative and Competitive Federalism
1.3	Centre-State Relations (Part-XI)
	Legislative Relations Administrative Relations Finance, Property, Contract and Suits(Part-XII) Special Provisions Relating to Certain Classes (Part-XVI)
Module 2
2.1	Legislature and Executive under the Indian Constitution
	Unicameral and bicameral Legislatures Composition, Powers, and Functions of Union Legislature (Part-V, Chap-2) Composition, Powers, and Functions of State Legislature (Part-VI, Chap-3)
2.2	Qualification, Disqualification and Privileges of
	Members of Parliament Members of Legislative Assembly Anti-Defection Law (Xth Schedule)
2.3	Law making procedure
	Types of Bills- Ordinary, Financial, Money and Appropriation Private Member Bills and Government / Public Bills
2.4	Qualification, Powers, and functions of
	Types of President and Vice-president Union Council of Ministers Governor State Council of Ministers
Module 3
3.1.	Judicial Activism
3.2.	Independence of Judiciary
3.3.	Judicial accountability
3.4.	National Judicial Appointments Commission
Module 4
4.1.	Emergency (Part XVIII)
	Types of Emergencies Grounds for proclamation Consequences of Proclamation Judicial Review of proclamation of emergencies
4.2.	Amendment and the basic structure doctrine (Part XX)
4.3.	Constitutional Bodies and Offices
	Services (Part-XIV, Chap-1) UPSC and State Public Service Commission (Part-XIV, Chap-2) Election Commission of India (Part-XV) Attorney General and Advocate Generals (Relevant Chapters from Part-V and Part-VI) Comptroller and Auditor General of India (Chapter-V, Part-V) Finance Commission (Art. 280, Art-281) National Commissions for SC, ST and Backward Classes (Art.338, Art.338-A, Art.338-B)
4.4.	Inter-state Trade and Commerce (Part-XIII) Freedom of trade, commerce and inter course Restrictions on the freedom
4.5.	Co-operative Societies (Part-IX-B)

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Recommended Resources

1. H.M. Seervai, Constitutional Law of India, Law and Justice Publishing Company, 4th Edition 2021

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2. M.P. Jain, Indian Constitutional Law, Lexis Nexis

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3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency

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4. J.N. Pandey, Constitutional Law of India, Central Law Agency

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5. P.M. Bakshi, The Constitution of India, Butterworth Lexis Nexis

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6. D.D. Basu, Introduction to the Constitution of India, Lexis Nexis

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7. Subhash Kashyap, Constitution of India, National Book Trust

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8. Dr. Suresh Mane, Indian Constitutional Law, Dynamics and Challenges, Aarti and Company

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9. Mahendra Pal Singh, V. N. Shukla’s Constitution of India, Eastern Book Company

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10. Kailash Rai, The Constitutional Law of India, Central Law publication

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11. Writing and speeches of Dr. Baba Saheb Ambedkar published by Government of Maharashtra.

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12. Arvind Datar, Commentary on the Constitution of India, 3 volumes

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13. K L Bhatia, Cases and Materials on Constitutional law of India, Universal Law Publishers

Course Objectives

The objective of this course is to inculcate sense of responsibility amongst citizens and create awareness about Human Rights, democracy and development.This course aims to enlighten students about the Principles and Characteristics of Human Rights and its various Laws, Declaration and Covenants. Through this course the students will be able to understand the growth and development of Human Rights laws in India and across the globe. Education on national and international regime of Human Rights will be imparted. This course intends to reflect on the criticism of various theories of Human Rights. To study the classification of Human Rights-First, Second, Third generation rights with their historical development. To analyze Human Rights vis-à-vis Politics and Society and Third world perspective of Human Rights. Overall, this course intendsto foster respect for international obligations for peace and development, to sensitize students to human suffering and promotion of human life with dignity, to develop skills on human rights advocacy and to appreciate the relationship between rights and duties and to foster respect for tolerance and compassion for all living creatures.

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Course Outcomes

After the completion of this course the student will be able to:

• Understand, evaluate and analyze the historical perspectives and philosophical aspects of human rights jurisprudence across the globe.
• Understand working of international organizations dedicated to the protection of human rights.
• Have in depth knowledge of various statutory safeguards available for protection of human rights in India and role of judiciary.
• Comprehend ideals of constitution and functions of commissions and bodies set up for protecting human rights in India.
• Fathom the global steps taken for protection of human rights of vulnerable persons.
• Understand, appreciate and evaluate the promotion of human life with dignity, especially with respect to the various regional arrangements and recognized measures to protect the rights of the meek and subjugated.

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Modules

Module 1
History and Philosophy of Human Rights
1.	Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations, Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism, Socialism and Positivism
2.	Human Rights in India, the tradition of Human Rights in Indian context: ancient, medieval and modern
3.	First, Second and Third Generation Human Rights: Their Meaning, Historical Development and evolution, distinguishing factors and essential characteristics
4.	Universality of Human Rights
5.	Human Rights in Western tradition, Normative Foundation of International Human Rights
6.	The American Declaration of Independence and the Bill of Rights & the French Declaration of the Rights of Man
7.	The UN Human Rights System and UDHR
Module 2
International Conventions and Protocols
2.1.	International Covenant on Civil and Political Rights, First Optional Protocol, Second Optional Protocol, International Covenant on Economic, Social and Cultural Rights
2.2.	Role of ILO, UNESCO, UNICEF and WHO
2.3.	UN SDG’s, Right to Environment, Role of NGOs in protection of Human Rights.
Module 3
Human Rights and the Indian Constitution and Commissions
3.1.	Indian Constitution and Human Rights Fundamental Rights and Directive Principles of State policy under the Indian Constitution, Fundamental Duties under the Indian Constitution, Relationship Between Rights and Duties in relation to State and Society
3.2.	The Protection of Human Rights Act, 1993
3.3.	National Commission for Women - Constitution, Role and Responsibilities
3.4.	National Commission for Minorities -Constitution, Role and Responsibilities
3.5.	NationalCommissionfor ScheduledCastes - Constitution, Role and Responsibilities
3.6.	National Commission for Scheduled Tribes - Constitution, Role and Responsibilities
3.7.	Role of Judiciary in Protection of Human Rights in India
Module 4
Human Rights Protection of Vulnerable Groups & Regional Arrangements
4.1.	Human Rights Protection of Vulnerable Groups
	The Convention on Elimination of all forms of Discrimination Against Women (CEDAW), 1979 The Convention on the Rights of Child (CRC), The Convention on Rights of Persons with Disabilities (CRPD), 2008 International Convention on the Rights of Older Persons, 2020
4.2.	Human Rights: LGBT, Refugees and Aliens
4.3.	Regional Arrangements -
	European Regional Arrangement American Regional Arrangement African Regional Arrangement

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Recommended Resources

1. Theodor,Meron, Human Rights andInternationalLaw:Legaland Policy Issues

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2. Kapoor, S.K., International Law and Human Rights, Central Law Agency

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3. Luis,Henkin, “The Rights of Man Today”, University ofMiamiInter-American Law Review,

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4. Singh, Nagendra, Enforcement of Human Rights in Peace and War and the future of humanity

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5. The Module ed., Nations and HumanRights (Clarendon Press, Oxford)

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6. Agarwal,H.0.,Implémentationof Human Rights Covenants with Special Reference of India{Kitab Mahal, Allahabad}

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7. D.D. Basu Human Rights in Constitutional Law(Lexis Nexis)

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8. B.P. Singh Seghal,(Human Rights in India)

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9. International Refugee Law: A Reader, Edited by B.S. Chimni

Course Objectives

Crime is a concept having changing dimensions according to social, economical, political and legal dimensions. Science and technology have also impacted on patterns of crime. Thus, this Course aims to give a basic idea of concepts like crime, criminal law, administration system etc. and to make students acquainted with criminology, penology and victimology in detail.This course offers a specialist understanding of criminal policies including theories of punishment, their supposed philosophical and sociological justifications and the problem of exercise of discretion in sentencing. In addition the course introduces students to the factors leading to criminal behaviour and modern approach of courts in awarding punishments. A general idea of criminal justice system is to be put forth through this course. In addition the course introduces students to the discipline of victimology which will shift the study from accused centric approach to much needed victim centric approach.

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Course Outcomes

After completing this course, students will be able to:

• Understand various forms of crimes and criminals;
• Grasp knowledge of different schools explaining criminal behaviour and crime causation;
• Comprehend the reformative approach in dealing with criminals;
• Understand different theories and kinds of punishments and their applicability;
• Fathom the concept of victimology in Indian context.
• Identify and understand the actual working of criminal justice system in India.

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Modules

Module 1
1.1	Nature and scope- Crime and Criminology
	Concept of Crime- 18th, 19th and 20th Century Classification of Crime Definitions of Criminology History of criminology Inter –Relation between Criminology, Penology and Criminal Law Is criminology a science?
1.2	The Schools of Criminology
	Pre-classical School of Criminology The Classical School Neo-classical school Positive School Cartographic School Clinical School of Criminology Sociological School of Criminology Socialist School of Criminology New Criminology Trends for research
Module 2
2.1	Causes of Criminal Behaviors
	Heredity and Crime Bio-physical factors and criminality Freud’s Theory of Criminal Behaviour Group and class conflict Emotional and psychological factors Certain modern and technological developments Atrocities Theory of Differential Association (Sutherland) Multiple factors approach to crime causation: - Mobility, Cultural conflicts, Family background, Political ideology, Religion and crime, Economic condition, Ecology of crime.
2.2	Classification of Criminals
	Ordinary &First-time offenders Habitual offenders, Women offenders Juveniles in conflict with law White Collar Criminals Cyber Criminals Terrorists
Module 3
3.1	Police and Criminal Justice
	The police system Structural organization of police at the centre and states Mode of recruitment and training Powers and duties of police under Police Act, Criminal Procedure Code and other laws Method of police investigation Third degree method Corruption in police Relationship between police and prosecution Liability of police for custodial violence Police public relations Police Reforms
3.2	Meaning of penology
3.3	Theories of punishment
3.4	Kinds of punishment
3.5	Capital punishment
Module 4
4.1	Treatment or Correction of Offenders
	The need for reformation and rehabilitation of offenders undergoing punishment/imprisonment The role of psycho-analysts and social workers in the prison Vocational and religious education and apprenticeship programmes for the offenders Group counseling and re-socialization programmes Prisoner’s organizations for self-government Participation of inmates in community services An appraisal of reformative techniques Efficacy of imprisonment as a measure to combat criminality and the search for substitutes The Prisons Act, 1894 Kinds of Prison
4.2	Probation of offenders Probation and suspended sentence – Distinction The Probation of Offenders Act, 1958
4.3	Parole and Furlough
	Parole and indeterminate sentence- Distinction Parole and Probation comparison Parole distinguished from furlough The object of Parole Parole in India Condition of Parole Parole violation Supervision of parolees Problems of the released offender Attitudes of the community towards released offender
4.4	Victimology
	Definition, nature and development of victimology Victim and criminal justice system in India UN Declaration on Justice for Victims of Crimes, 1985 Rehabilitation and reconciliation of victims

Recommended Resources

1.Ahmad Siddique, Criminology Problems & Perspective (5th ed., 2007) 4.

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2. N.V. Paranjape, Criminology and Penology (13th ed., 2008) Salmond and Heuston – On the Law of Torts, Universal, Delhi

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3. Gaur. K.D. (3rdEdn. 2015); Criminal Law, Criminology and Administration of Criminal Justice Universal Law Publishing

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4. S. S. Srivastava, Criminology, Penology & Victimology (6th ed., 2012) Criminology, Penology & Victimology, (2ndEdn. 2019) Bright Law House

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Allen, Friday, Roebuck and Sagarin, Crime and Punishment: An introduction to Criminology, The Free press. New York.

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National Police Commission Report

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Law Commission’s Report on Capital punishment

Course Objectives

Insolvency is a financial malaise that afflicts the economy and society. Law has to effectively deal with this malaise. Indian Parliament has repealed the laws dealing with insolvency and bankruptcy and passed the Insolvency and Bankruptcy Code, 2016(IBC) to consolidate the laws relating to insolvency and bankruptcy of corporate persons, individuals and corporate firms and to expedite resolutions with maximization of the value of assets. The objective of this course is to teach and learn IBC in depth. This course will include the study of the historical background of IBC, aims and objectives of IBC, the role, powers and functions of Insolvency Bankruptcy Board of India, provisions of IBC as to corporate persons, Limited Liability Partnership firms, individuals and partnership firms.

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Course Outcomes

After completing this course, students will be able to:

• Understand the role of Insolvency and Bankruptcy Board of India (IBBI) in professionalizing insolvency services through regulation and development of service providers, namely, insolvency professionals, insolvency professional agencies, insolvency professional entities, information utilities, registered valuers, and registered valuers’ organizations
• Understand in respect of corporate persons the corporate insolvency resolution process(CIRP), fast track CIRP, voluntary liquidation process, liquidation process and in respect of Micro, Small and Medium Enterprises the Prepackaged Insolvency Resolution Process
• Understand in respect of individuals and partnership firms the fresh start process, the insolvency resolution process and the liquidation process
• Understand the role of insolvency professionals, insolvency professional agencies and information utilities
• Understand the importance, powers and functions of the Adjudicatory Authorities under IBC
• Appreciate the relationship between the government and IBBI and to understand Board’s Fund , Insolvency and Bankruptcy Fund , relevant regulations framed by IBBI and rules framed by the government

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Modules

Module 1
1.1	Historical background and constitutional allocation of the subject of insolvency and bankruptcy
1.2	Preliminary under IBC
1.2.1	Short title, extent and commencement of IBC
1.2.2	Application of IBC
1.2.3	Definitions under IBC
1.3	MISCELLANEOUS
1.3.1	Insolvency and Bankruptcy Fund
1.3.2	Power of Central Government
1.3.3	Bar of jurisdiction
1.3.4	Protection of action taken in good faith
1.3.5	Appeal and revision
1.3.6	IBC to override other laws
1.3.7	Limitation
Module 2
2.1	CIRP
2.2	Fast track CIRP
2.3	Voluntary Liquidation Process
2.4	Liquidation Process
2.5	Prepackaged Insolvency Resolution Process
2.6	Adjudicating Authorities and Appellate Authorities
2.7	Offences and Penalties
Module 3
3.1	Fresh Start process for individuals and partnership firms
3.2	Insolvency resolution process for individuals and partnership firms
3.3	Bankruptcy order in respect of individuals and partnership firms
3.4	Administration and Distribution of assets of the Bankrupt
3.5	Adjudicating authorities and appellate authorities
3.6	Offences and Penalties under Part III of IBC
Module 4
4.1	IBBI
4.2	Insolvency Professional Agencies
4.3	Insolvency Professionals
4.4	Information Utilities Insolvency Professional Entities
4.5	Registered Valuers, and Registered Valuers’ Organizations

Recommended Resources

1. https://ipaicmai.in/

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2. https://www.ibbi.gov.in/

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3. https://www.mca.gov.in/Ministry/pdf/TheInsolvencyandBankruptcyofIndia.pdf

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4. https://www.ibbi.gov.in/uploads/publication/a30d234862670f06b5a128a1bf208083.pdf

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5. https://www.ibbi.gov.in/uploads/publication/e42fddce80e99d28b683a7e21c81110e.pdf

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6. Law of Insolvency in India By: Mulla, D. F

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7. Law of Insolvency By: Singh Avtar.

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8. Insolvency and Bankruptcy Code, 2016 Bare Act (Print/eBook) by EBC, Edition: 8th, 2021

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9. Insolvency and Bankruptcy Code: Law and Practice by Akaant Kumar Mittal, Edition: 2021

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10. Taxmann's Insolvency and Bankruptcy Code 2016 (latest edition)

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11. Vivek Sood, Emergence of Commercial Justice, Bloomsbury, 2021

Course Objectives

The primary objective of the course is to train the students in putting the thoughts into words with respect to the Legal Drafts. The students will be trained in drafting of conveyances and other essential documents. The course aims at equipping the students with drafting skills to give more exposure to the nature of legal language and the issues related to drafting legal documents. This course intends to cover the traditional conveyances, pleadings in matrimonial and family matters, partnership and corporate drafts which are particularly listed in the modules.

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Course Outcomes

By the end of the course the students will be able to

• Draft conveyances included in the syllabus
• Draft wills and codicils
• Understand registration of documents
• Draft partnership and limited liability partnership deeds
• Draft pleadings in matrimonial and family matters included in the syllabus
• Draft RTI, application for CIRP, winding up petitions, notice for AGM and defective goods
• Have the practical exposure to drafting deeds, conveyances and matrimonial petitions
• Independently draft the deeds and the petitions after thorough legal research
• Have the ability to defend the case undertaken by identifying the issues and providing solutions to resolve considering the facts in issue.
• Identify different stages in matrimonial case and prepare for court trial and proceedings like cross examinations and arguments

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Modules

Module 1
1.1	Sale Deed
1.2	Mortgage Deed- Simple, English, Mortgage by Conditional sale, Usufructuary, mortgage
1.3	Lease deed, Leave and License Agreement
1.4	Exchange Deed
1.5	Gift Deed
1.6	Trust Deed
1.7	Registration of Documents- S 17, 18 Indian Registration Act, 1908
1.8	Partnership Deed
Module 2
2.1	Matrimonial Petitions- Divorce Petitions, Mutual Consent Divorce Petitions
2.2	Application for Maintenance
2.3	Application for Custody
2.4	Pleadings for restitution of conjugal rights
2.5	Nullity of marriage
Module 3
3.1	Limited Liability Partnership Deed
3.2	Petitions for winding up a company under Companies Act 2013
3.3	Draft Notice for Annual General Meeting and Special General Meeting
3.4	Legal Notice for Defective Goods
3.5	Application for Corporate insolvency resolution under IBC 2016
Module 4
4.1	Will and Codicil
4.2	Application for heirship certificate
4.3	Testamentary Petition for Succession Certificate (Probate)
4.4	Application for Certified Guardian
4.5	Adoption Deed under Juvenile Justice Act, 2015
4.5	RTI applications, reply, appeal

Recommended Resources

Shiva Gopal, Conveyancing, Precedents and Forms, EBC, 2016
2. Hargopal, Hargopal's Legal Draftsman - A Comprehensive Guide to Deeds and Documents in 2 Vols.