V and VI Sem
V and VI Sem
1. COMPANY LAW
Objectives:
In view of the important developments that have taken place in the corporate sector, the
course is designed to understand the formation, management and other activities of the
companies. Important regulations pertaining to the issue of shares and capital rising have come
into force. This course aims to imports the students, the corporate management, control possible
abuses, the remedies and government regulation of corporate business and winding up of
companies.
Course Continents
UNIT-I
Introduction and Concept,
Company historical development, nature and characteristics of company kinds of company,
corporate personality, limited liability, lifting of veal, promoters duties and liabilities of
promoters.
UNIT-II
Incorporation,
Procedure of incorporation, certification of incorporation MOA, AOA, doctrine of indoor
management, prospectus.
UNIT-III
Management and Control of Companies.
Board of directors, powers and functions, distribution of powers board of directors and general
meeting.
Directors,
Appointment, qualifications, positions of directors, type of directors, powers and duties of
directors, remuneration, and removal.
Meetings.
Meetings of board and committees kinds of meetings, procedure relating to conveying and
proceedings at general and other meetings,
Resolutions
Prevention of oppression and mismanagement,
Corporate and social responsibility,
UNIT-IV
Financial structure of Company,
Sources of capital, shares, types, allotment, transfer of shares, rights and privileges of share
holders, Dividends, declaration and payment of dividends, provision of buyback, private
placement.
Debentures. Floating charge appointment of debenture trustees and their duties, kinds remedies
of debenture holders, redemption.Acceptance of deposits by companies charge on assets.
UNIT-V
Reconstruction and Amalgamation and winding up
Reconstruction, rehabilitations and amalgamation concept, jurisdiction and powers of courts
and NCLT. Vesting of rights and transfer of obligations, takeover and acquisition of minority
interest.
Winding Up, concept, modes of winding up who can apply procedure under different modes.
Prescribed Books
1. Taxmann, Companies Act 2013
2. Avtarsingh- Company Law.
References
1. Ramaiah, A Guide to companies Act, 1998
2. Shah S.M. Lectures on company law, Tripati
3. Kuchal S.C. Corporation finance, principles and problems 10th ed. Chaitanya Pub.
2. CIVIL PROCEDURE CODE AND LIMITATION ACT
Objectives:
Study of procedural law is important for a Law student. This course is designed to
acquaint the students with the various stages through which a civil case passes through, and the
connected matters. The course also includes law of limitation. The course teacher shall
endeavour to familiarise the students with the case papers (like plaints, written statements,
Interlocutory applications, etc.) involved in civil cases and touch upon the provisions of
Evidence Act wherever necessary.
Course contents:
UNIT – I
Civil Procedure Code
Introduction; Distinction between procedural law and substantive law- History of the
code, extent and its application, definition; Suits: Jurisdiction of the civil courts- Kinds of
jurisdiction-Bar on suits- Suits of civil nature (Sec.9); Doctrine of Res sub judice and Res
judicata (Sec. 10, 11 and 12); Foreign Judgment (Sec. 13, 14); Place of Suits (Ss. 15 to 20);
Transfer of Cases (Ss. 22 to 25).
UNIT – II
Institution of suits and summons: (Sec. 26, 0.4 and Sec. 27, 28, 31 and O.5); Interest and
Costs (Sec. 34, 35, 35A, B); Pleading: Fundamental rules of pleadings- Plaint and Written
Statement- Return and rejection of plaint- Defences- Set off- Counter claim; Parties to the suit
(O. 1): Joinder, misjoinder and non-joinder of parties- Misjoinder of causes of action-
Multifariousness.
UNIT – III
Appearance and examination of parties (O.9, O.18) - Discovery, inspection and
production of documents (O.11 & O.13) - First hearing and framing of issues (O.10 and O.14) -
Admission and affidavit (O.12 and O.19) - Adjournment (O.17) - Death, marriage-Insolvency
of the parties (O.22) - Withdrawal and compromise of suits (O.23) - Judgment and Decree
(O.20); Execution (Sec. 30 to 74, O.21): General principal of execution- Power of executing
court- Transfer of decrees for execution- Mode of execution- a) Arrest and detention, b)
Attachment, c) Sale.
UNIT – IV
Suits in particular cases; Suits by or against Governments (Sec. 79 to 82, O.27); Suits by
aliens and by or against foreign rulers, ambassadors (Sec. 85 to 87); Suits relating to public
matters (Sec. 91 to 93); Suits by or against firms (O.30); Suits by or against minors and
unsound persons (O.32); Suits by indigent persons (O.33); Inter-pleader suits (Sec. 88, O.35);
Interim Orders; Commissions (Sec. 75, O.26); Arrest before judgment and attachments before
judgment (O.38); Temporary injunctions (O.39); Appointment of receivers (O.40); Appeals (Ss.
90 to 109, O.41, 42, 43, 45); Reference- Review and Revision (Ss. 113, 114, 115, O.46, O.46);
Caveat (Sec. 144.A)- Inherent powers of the court (Ss. 148, 149, 151).
UNIT –V
Limitation Act. 1963
Prescribed Books:
Mulla - Civil Procedure Code.
Sanjiwa Rao - Civil Procedure Code.
Karnataka Civil Rules of Practice – Bare Act.
Reference Books:
P. M. Bakshi - Civil Procedure Code.
C. K. Takwani - Civil Procedure Code.
OPTIONAL-III: INTELLECTUAL PROPERTY RIGHTS-I
Objectives:
Intellectual Property Law has assumed a great importance in recent times as a result of
the recognition that “knowledge is property”. The creations of the human brain as IP are
required to be understood and protected. The syllabi encompassing all relevant IP legislations in
India with a view to understand and adjust with changing needs of the society because creative
work is useful to society and law relating to innovation/creativity i.e. Intellectual Property is
one of the fastest growing subjects all over the globe because of its significance and importance
in the present era. Disseminate information on national and international IPR issues. The course
is designed with a view to create IPR consciousness; and familiarize the learners about the
documentation and administrative procedures relating to IPR in India. The subject Intellectual
Property Law divided into two Papers namely Paper – I and Paper - II of 100 marks each.
Course contents:
UNIT I
Introductory Aspects: Overview of the concept of property; Industrial property and
non-industrial property; Historical background of IPR; Importance of human creativity in
present scenario; Different forms of IP and its conceptual analysis.
Patents: Introduction and overview of patent protection; History of Patent protections;
What is patent and definition of patent; Object of patent; Scope and salient features of patent;
How to obtain patent; Product patent and Process patent; Specification – Provisional and
complete specification; Procedure for patent applications; Register of patents and Patent Office;
Rights and obligations of patentee; Transfer of Patent Rights; Government use of inventions;
Biotech patents and patentability of life forms; Infringement of Patents; Offences and Penalties.
UNIT II
Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law;
Object of trade mark; Features of good trade mark; Different forms of trade mark; Trade mark
registry and register of trademarks; Property in a trade mark; Registrable and non-registrable
marks; Basic principles of registration of trade mark; Deceptive similarity; Assignment and
transmission; Rectification of register; Infringement of trade mark; Passing off; Domain name
protection and registration; Offences and penalties.
UNIT III
Introduction and overview of Cyber Intellectual Property; Intellectual property and
cyberspace; Emergence of cybercrime ; Grant in software patent and Copyright in software;
Software piracy; Trademarks issues related to Internet (Domain name); Data protection in
cyberspace; E-commerce and E-contract; Salient features of Information Technology Act; IPR
provisions in IT Act; Internet policy of Government of India.
UNIT IV
Geographical Indications: Introduction and overview of geographical indications;
Meaning and scope of geographical indications; Important geographical indications of India and
their features; Salient features of the Protection of Geographical Indications Act; Protection of
geographical indications; Misleading use of geographical indications; Registration of
geographical indications; Right to use geographical indications; Infringement; Remedies against
infringement; Role and functions of Registrar of Geographical indication; Conflict between
Trade mark and geographical indications.
UNIT V
International Convention and Treaties: Paris Convention: Background; Salient features
of Paris Convention; Governing rules of Paris Convention; Patent Cooperation Treaty:
Background; Objectives of PCT; Salient features of PCT; Madrid Convention: Salient features;
International registration of marks; World Intellectual Property Organisation: Background;
Salient features WIPO; Organisation of WIPO.
Prescribed Books:
1. P. Narayanan – Intellectual Property Law.
2. Cornish William – Intellectual Property.
Reference Books:
1. Ganguli – Intellectual Property Rights: Unleashed the knowledge economy.
2. Copinger & Skine James – Copyright.
3. Pal P. – Intellectual Property Rights in India.
4. Unni – Trade Mark, Design and Cyber Property Rights.
5. Rodney Ryder – Intellectual Property and the Internet.
6. Rahul Matthan – The law relating to Computers and the Internet.
7. Elizabeth Verkey – Law of Plant Varieties Protection.
8. Pavan Duggal – Cyber Law: the Indian Perspective.
9. D. P. Mittal - Law of Information Technology.
OPTIONAL-III: PENOLOGY & VICTIMOLOGY
Objectives:
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 discipline
of victimology which will shift the study from accused centric approach to much needed victim
centric approach.
Course contents:
UNIT – I
Introduction: Notion of punishment in law; Difference between crime prevention and
control; Theories of punishments.
UNIT - II
Kinds of punishment; Sentencing policies and processes; the riddle of capital
punishment.
UNIT - III
Prison reforms; Alternatives to imprisonment; Victimology- Introduction, history and
philosophy.
UNIT – IV
Victimology- European experience; American experience; Victim witness assistance
programmes; Restitution.
UNIT – V
Victimology - Indian experience; Legal framework; Role of Courts; Role of NHRC.
Prescribed Books:
Edwin H. Sutherland- Criminology.
Ahmad Siddique- Criminology.
V.N.Rajan- Victimology in India.
Reference Books:
H.L.A. Hart- Punishment and Responsibility.
S. Chabra- Quantum of Punishment in Criminal Law.
Herbert L. Packer- the Limits of Criminal sanctions.
OPTIONAL-IV: INTERPRETATION OF STATUTES & PRINCIPLES OF
LEGISLATION
Objectives:
As it difficult to have legislations without ambiguous provisions, there is a need to make
proper study of the rules and principles relating to interpretation of statutes. Legislation is the
major source of law of the modern era. Legislatures enact laws after much deliberation. No
doubt in this process they have to take into account the present and future needs of the people.
What are the matters to be reckoned with by legislature while enacting laws? With the
emergence of legislation, interpretation of statutes become a method by which judiciary
explores the intention behind the statues. Judicial interpretation involves construction of words,
phrases and expressions. In their attempt to make the old and existing statutes contextually
relevant, courts used to develop certain rules, doctrines and principles of interpretation.
Judiciary plays a highly creative role in this respect. What are the techniques adopted by courts
in construing statutes? How far are they successful in their strategy? With the above problems
and prospective in view, this paper is framed.
This course shall be taught through class room instructions and simulation exercises
preferably with the assistance of practicing lawyers or retired judges.
Examination and allocation of marks:
1 Each Student shall undertake 15 practical exercises in drafting of Pleadings carrying 45
marks (3 marks for each exercise).
2 Each student shall undertake 15 practical exercises in Conveyancing, which carries 45
marks (3 marks each).
3 The above-mentioned drafting of Pleadings and Conveyancing exercises shall be in the
handwriting of the students on one side of the bond size papers. The papers shall be
bound accompanied by a certificate signed by the course teacher and the principal to the
effect that it is the bonafide work of the concerned candidate.
4 The cover shall indicate the name of the examination, subject, seat number, and the center
code number.
5 There shall be a contents page.
At the end of the semester, the student shall appear for a viva voce, which shall carry 10 marks.
Viva- to be conducted by the Principal and the course teacher.
VI SEMESTER:
LAW OF EVIDENCE
Objectives:
The course is designed to enable the students to understand how principles of evidence are
applied in real world of litigation and advocacy. The course also intends to acquaint the
students with the skills of accuracy and reliability in the presentation and evaluation of
evidence.
UNIT-I
UNIT-II
Character Evidence – Relevance in Civil and Criminal cases (Sections 46- 50); Facts which
need not be proved, judicial notice of laws having extra territorial operations (Sections 51-
53); Oral Evidence -General principles (Sections 54 & 55); Documentary Evidence - General
principles, Primary and Secondary Evidence and their scope, inclusion of electronic and
digital records within primary evidence, Cases in which secondary evidence is admissible
(Sections 56-60); Framework for admissibility of Electronic or Digital Records (Sections 61-
63); Other Rules regarding proof of Documents (Sections 64-93);Exclusion of Oral by
Documentary Evidence (Sections 94- 103).
UNIT-IV
Burden of Proof- The general conception of onus probandi (Section 104)- General and
special exceptions to onus probandi (Sections102-109)- The justification of presumption and
burden of proof (Sections 110 to 119) with special reference to presumption of legitimacy of
child and presumption as to dowry death, Doctrine of judicial notice and presumptions;
Estoppel- Scope and rationale (Section 121)- Estoppel distinguished from Res judicata -
Waiver and Presumption- Kinds of Estoppel- Equitable and Promissory Estoppel- Tenancy
Estoppel (Section122), Estoppel of Acceptor of Bill of Exchange (Section 123).
UNIT-V
Reference Books:
Important Note
The teachers and students have to refer the provisions as amended upto date
referring thelatest editions of books on the subject.
1. ENVIRONMENTAL LAW
Objective:
Environmental problems have attained alarming proportions. It is essential to sensitise
the students to environmental issues and the laws. The important principles in the field like
inter-generation equity, carrying capacity, sustainable development, and precautionary
principle, polluter pay principles are to be appreciated. The law in practice is to be analysed
and evaluated. The course is designed towards these objectives.
Course contents:
UNIT – I
The Idea of Environment:
Environment: meaning and components- Pollution: meaning, sources, kinds and effects of
pollution Ancient and Medieval Writings, Environmental jurisprudence- National
environmental policy.
UNIT – II
Environmental Policy and Law: Pre and Post-Independence Period- Constitutional
provisions on Environment and its protection: Right to environment-Duty to protect
environment- Public Interest litigation and environment- Role of Judiciary on environmental
issues- Doctrines of Environmental Pollution: Evolving new Principles- Absolute Liability-
Polluter pays principle- precautionary principle- Inter generational equality principle- Public
trust doctrine.
UNIT - III
International Law and Environmental Protection: Sustainable development
International conventions in the development of Environmental Laws and its Policy:
Stockholm –Rio and Johannesburg Decleration- Trans-boundry pollution- Criminal Law and
environment.
UNIT – IV
Prevention and Control of Water and Air Pollution: Water Act 1974 and Air Act 1981
Pollution Control Boards and its powers and functions- offences and penalties- Remedies in
case of wate and air pollution- Nose pollution and its control: Noise pollution (Regulation
and Control) Rules, 2000- Wildlife protection Act 1972, Hunting- Trade in Animal articles-
Authorities under wild life Protection Act Role of Judiciary on wild life protection- Forest
Conservation Act, 1980 Judicial approach,
UNIT - V
Environment Protection Act, ECO-Mark, Environmental Audit, Coastal Regulation
Zone, Environment Impact Assessment: Discretionary Model and Mandatory Model, -
Regulation on Bio-Medical Waste- Disposal of Solid Waste.
Prescribed Books:
1. Armin Rosencranz - Environmental Law and Its Policy in India.
2. P. Leelakrishnan - Environmental Law in India /Cases.
3. Lal’s commentaries on Water and Air Pollution laws along with Environment (Protection)
Act and Rules, 1986.
Reference Books:
1. Simon Ball Stuart Bell - Environmental Law.
2. Sanjay Upadhyay and Videh Upadhyay - Handbook on Environmental Laws.
3. S. Shantha Kumar- Introduction to Environmental Law.
4. Relevant Bare Acts/Notifications.
OPTIONAL – V: INTELLECTUAL PROPERTY RIGHTS-II
Objectives:
Intellectual property Law has assumed a great importance in recent times as a result of
the recognition that “knowledge is property”. The creations of the human brain as IP are
required to be understood and protected. The syllabi encompassing all relevant IP legislations
in India with a view to understand and adjust with changing needs of the society because
creative works useful to society and law relating to innovation/creativity i.e., intellectual
property is one of the fastest growing subject all over the globe because of its significance
and importance in the present era. Disseminate information in national and international IPR
issues. The course is designed with a view to create IPR consciousness; and familiarize the
learners about the documentation and administrative procedures relating to IPR in India
Course contents:
UNIT I
Indian Copyright Law: Introduction and overview of copyright: History of the
concept of copyright and related rights; Nature of copyright: Salient features of Copyright
Act; Subject matter of copyright; Literary work; Dramatic work; Musical works; Artistic
works; Cinematographic films; Sound recordings; Term of copyright; Computer software and
copyright protection; Author and ownership of copyright; Rights conferred by copyright;
Assignment, transmission and relinquishment of copyright; Infringement of copyright;
Remedies against infringement of copyright
UNIT II
Biological Diversity Law: Introduction and overview of Biological Diversity;
Meaning and scope of Biological Diversity; Biological resources and traditional knowledge;
Salient features of Biological Diversity Act; Biological Diversity concerns and issues; Bio
piracy; Regulation of access to Biological Diversity; National Biodiversity Authority;
Functions and powers of Biodiversity Authority; State Biodiversity Board; Biodiversity
Management Committee and its functions.
UNIT III
Protection of Plant Varieties and Farmers Rights Law: Legal concepts relating to
the protection of plant varieties rights; Legal concepts relating to the protection of plant
breeders rights; IPR in new plant varieties; Policy and objectives of protection of plant
varieties and farmers rights act; Plant varieties and Farmers rights protection authority;
National register of plant varieties; Procedure for registration; Rights and privileges; Benefit
sharing; Compensation to communities; Compulsory licence; Relief against infringement;
National Gene Fund.
UNIT IV
Designs Law: Introduction and overview of Designs Law; Salient features of Designs
Law; Procedure for registration; Rights conferred by registration; Copyright in registered
designs; Infringement ; Powers and duties and Controller; Distinction between design, trade
mark, copyright & patent.
UNIT V
International Treaties / Conventions on IPR: TRIPS Agreement: Background;
Salient Features of TRIPS; TRIPS and Indian IPR; Berne Convention: Background; Salient
features of Paris Convention; Convention of Bio-Diversity: Objectives of CBD; Salient
features of CBD; International IPR agreements affecting protection of plant varieties: The
WTO Doha round of trade negotiations; International Treaty on Plant Genetic Resources
(“ITPGR”).
Prescribed Books:
1. Narayanan – Intellectual Property Law.
2. Cornish William – Intellectual Property.
Reference Books:
1. Justice P. S. Narayana – Intellectual Property Law in India.
2. N. K. Acharya – Intellectual Property Rights.
3. Das J. K. - Intellectual Property Rights.
4. Ganguli – Intellectual Property Rights: Unleashed the knowledge economy.
5. Copinger & Skine James – Copyright .
6. Pal P. – Intellectual Property Rights in India.
7. Unni – Trade Mark, Design and Cyber Property Rights.
8. Elizabeth Verkey – Law of Plant Varieties Protection.
OPTIONAL – V: WHITE COLLAR CRIMES (PRIVILEGED CLASS DEVIANCE)
Objectives:
This course focuses on the criminality of the privileged classes – the wielders of all
forms of state and social power. The course focuses on the relation between privilege, power
and deviant behaviour. The traditional approaches which highlight white collar offences,
socio-economic offences or crimes of powerful deal mainly deal with the deviance of the
economically resourceful. The dimension of deviance associated with the bureaucracy, the
new rich, religious leaders and organisations, professional classes are to be addressed. In
teaching this course, current developments in deviants reflected in press and media, law
reports and legislative proceedings are to be focused.
Course contents:
UNIT – I
Introduction - Concept of white collar crime – Indian approaches to socio-economic
offences- forms of privileged class deviance – official deviance (Legislators, judges and
bureaucrats), professional deviance, trade union deviants, land law deviance, upper class
deviance, police deviance, gender based deviance, deviance by religious leaders and
organisations.
UNIT - II
Official deviance; Prevention of Corruption Act, 1988.
UNIT - III
Police and politicians’ deviance; N.N.Vorha Committee Report; Lokpal and
Lokayukta institutions.
UNIT – IV
Professional deviance; Medical profession - The Lentin Commission Report; Legal
profession – Opinions of Disciplinary Committee of Bar Council of India.
UNIT – V
Gender based deviance – sexual harassment; Offences against scheduled castes and
scheduled tribes
Prescribed Books:
Edwin H. Sutherland- Criminology.
Ahmad Siddique. Criminology.
Reference Books:
Upendra Baxi- The Crisis of Indian Legal system.
Upendra Baxi- Law and Poverty.
Upendra Baxi- Liberty and Corruption.
A.R.Desai- Violation of Democratic Rights in India.
OPTIONAL :- VI LAND LAWS
Land plays an important role on the lives of individual because of which it is elevated to the
level of constitutional statutes of late there is a shift in the approach of the State towards land which is
reflected in the laws and then interpretation. Apart from introducing the students to the basic legal
regime applicable to land, it is important to introduce them to diverse aspects land dealing like land
revenue, prohibition of transfer, acquisition, conversion, compensation, rehabilitation, resettlement
etc. this course is designed towards this end.
UNIT -l
The right to fair compensation and transparency in Land acquisition, Rehabilitation and
Resettlement Act, 2013. Determination of social aspect and public purpose; provision to safeguard
food security, notification aans acquisition; rehabilitation and resettlement award and procedure.
UNIT-2
The Right to Fair Compensation and transparency in land Acquisition, Rehabilitation and
Resettlement Act 2013.- Utilisation conservation, National Monetary committee; Acquisition,
Rehabilitation and resettlement authority apportionment of compensation and payment of
compensation.
UNIT-3
The Karnataka Land Revenue Act 1964- Revenue officers and their procedure, Revenue
Appellate Tribunal, Appeal and Revision, Land and land revenue, Record of rights, realization of land
revenue.
UNIT-4
The Karnataka Schedule Caste and Scheduled Tribes (Prohibition of Transfer of Certain
Lands) Act 1978 and rules 1979
The Karnataka Land Reforms Act 1961- General provisions regarding tenancies, conferment
of ownership on tenants, celing on land holdings, restrictions on holding or transfer of agricultural
lands, co-operative farms, fragmentation and consolidation of holdings.
UNIT-5
The Real Estate (Regulation and Development) Act 2016- registration of real estate projects
and registration of real estate’s agents, functions and dirties of promoter, rights and duties of allottees,
the real estate regulatory authority, the real estate appellate tribunal, offences, penalties and
adjudication.
Books Prescribed
S.G. Biradar. Land Acquisition: A praradigm shift, KAS Officers Research and Training Institute,
Bangalore.
1.2 The student shall make written submission on behalf of the party for whom he makes oral
advocacy as assigned by the course teacher.
1.3 The written submissions for the three moot courts shall be neatly written on one side of
the bond size papers and bound together with a certificate signed by the course teacher
and the principal to the effect that it is the bonafide work of the concerned student.
1.4 The cover shall indicate the name of the examination, subject, seat number and the center
code number.