LLb Semester 4 2017 Pattern

Module 01: Introduction

1. Industrial Jurisprudence and Labour Policy in India
2. Labour Problems
3. Industrial Relations
4. Principles of labour legislations (Social welfare, justice, equity and security)
5. Labour legislations and Constitutional provisions (Fundamental Rights, Directive Principles of State Policy and Distribution of legislative powers)

Module 02: Discipline in Industry

1. The Industrial Disputes Act, 1947 : Objectives, Definitions, Industry and Industrial Disputes, Settlement of Industrial Disputes - Authorities and Procedures, Strike, Lock-out, Lay off, Retrenchment and Unfair Labour Practices
2. The Factories Act, 1948 – Factory, Inspecting staff, Health, Safety and Welfare Measures, Working Hours of Adults and Employment of Young Persons The Industrial Employment (Standing Orders) Act, 1946 – Definitions, Legal nature of standing orders (Submission, Conditions, Certification, Duration and Modification, Payment of Subsistence Allowance, Model Standing Orders, Penalties and Procedures)
3. Disciplinary Proceedings in Industries – Charge-sheet, Domestic Inquiry, Inquiry Officer, Rights of Employee during Inquiry Proceedings, Evidence in Inquiry, Inquiry Reports and Punishment

Module 03: Social Security Legislations

1. Concept of Social Security, Its Characteristics and Constituents, Social Security system in India
2. The Employees’ Compensation Act, 1923 – Objects and reasons, Definitions, Employer’s Liability for Compensation, Amount of Compensation and Employee’s Compensation Commissioner
3. The Employees’ State Insurance Act, 1948 – Objects and Reasons, Employee's State Insurance Corporation, Contributions, Benefits, Adjudication of Disputes and Claims
4. The Contract Labour (Regulation and Abolition) Act, 1970- Objects, Registration of Establishments, Licensing of Contractors, Welfare and Health of Contract labour, Penalties and Procedure

Module 04: Concept of Wages and Unfair Labour Practices

1. The Minimum Wages Act, 1948: Objects, Definition of Wages, Fixation and Revision of Minimum Wages
2. The Payment of Wages Act, 1936: Objects, Payment of wages, Deductions from Wages, Authorities
3. The Maharashtra Recognition of Trade Unions and Prevention of Unfair, Labour Practices Act, 1971: Definitions, Recognition of Unions, Obligations and Rights of Recognised Unions, Other Unions and Certain Employees, Illegal Strikes and Lock outs, Unfair Labour Practices, Powers of Labour and Industrial Court

Module 01: Introduction to Jurisprudence

1. Jurisprudence – Meaning- definition- Significance.
2. Character of Law –Meaning and types of Law
3. Sources of Law and Legislation-Precedent-Custom –Juristic Writings
4. Relationship between Law – Morality and Ethics

Module 02: Schools of Jurisprudence

1. Natural Law School-Classical and Modern
2. Positivist School
3. Sociological School
4. Historical School
5. Realist School
6. Feministic School-Liberal- Radical and Post Modern

Module 3: Marxist Theories of Law and State

1. Dialectics, Hegel and Marx
2. Marx and Hegel’s Political Philosophy
3. The Materialist Conception of History
4. Marx and Ideology
5. The State and Law
6. Marx and Justice, Morality and Human Rights

Module 4: Concept of Property, Ownership and Possession.

cProperty, meaning, kinds, theories, modes of acquisition property.
1. Ownership, definition, characteristic of ownership, subject-matter, kinds of Ownership.
2. Possession, idea, kinds, modes of acquiring possession and possessory Remedies.
3. Difference between Ownership and Possession.

Module 5: Persons

1. Legal Status of Persons- Natural and Legal
2. Lower Animals, Dead persons, Unborn Persons
3. Kinds of Legal Persons.
4. Theories of Legal Personality

Module 6: Rights and Duties

1. Meaning of Legal Rights, Duties, Scope
2. Classification of Legal Rights and Duties
3. Theories of Legal Rights
4. Hohfeldian analysis of rights - Correlation of Rights and Duties

Module 7: Title

1. Definition and Nature of Title
2. Classification of Titles
3. Importance of Agreements
4. Kinds of Agreements
5. Validity of Agreements
6. Modes of Acquiring Possession
7. Modes of Acquiring Ownership

Module 8: Liability

1. Definition and Nature
2. Kinds of Liability
3. General Conditions of Liability
4. Measure of Penal Liability
5. Measure of Civil Liability

Module 9: The Law of Obligations

1. Definition of Obligation
2. Solidary Obligations
3. Sources of Obligations

Module 01 Preliminary:

1. Importance and significance of law of evidence, and its role in civil and criminal proceedings.
2. Facts, Facts-in-issue, Relevant Facts Evidence, Kinds of evidence: direct and substantial, direct and circumstantial, intrinsic and extrinsic, oral and documentary
3. Proof: Proved, not proved, disproved
4. Presumptions: Shall presume, may presume and conclusive proof Applicability of the Evidence Act; affidavits, arbitration, commissions, tribunals, court-martials etc.
5. Three basic principles of evidence Evidence must be confined to facts in issue
6. Best evidence must be given in all cases
7. Hearsay evidence must be excluded

Module 02 Relevancy - I:

1. Relevancy under the Act, Logical and legal relevancy, Purpose of theory of relevancy
2. Facts connected with other facts (sections 6 – 16), Res gestae, Conduct, Statements, State of mind, Motive and preparation, Identity of a thing, Identification parades, Existence of conspiracy, Compensation and damages, evidence of inconsistent and improbable facts, Alibi, State of mind and body, Past similar transactions, Usual course of business
3. Admissions and confessions, What are these concepts, Distinction between the two, Admissibility of confessions, judicial and extra-judicial confessions, Confessions to police officer, and in police custody, retracted confession, confession of co-accused, Discovery of fact, Admissibility, Reliability and Weight to different types of admissions and confessions

Module 03 Relevancy – II:

1. Statements of persons who cannot be called as witnesses, Dying declaration: its admissibility, reliability and weight, Books of accounts, other statements. Statements under special circumstances Judgments in other cases, Judgments in rem, Other judgments.
2. Opinions, Expert evidence: handwriting, forensic, ballistic, polygraphy, brainmapping, Opinions of other persons.
3. Character: Meaning of character, Its relevancy in civil and criminal proceedings.
4. 195 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B.

Module 04 Proof of Facts – Documentary Evidence:

1. Proof of handwriting and signature, proof of unsigned and of printed documents
2. Primary and secondary evidence
3. Proof of electronic record
4. Public and private documents
5. Certified copies, Bankers’ Books Evidence Act

Module 05 Proof of Facts and Oral Evidence:

1. Facts that need not be proved
2. Oral evidence and contents of documents
3. Oral evidence must be direct Witnesses
   1. Requirement of oath
   2. Competency and Compellability Number of witnesses
4. Relationship between oral and documentary evidence, Parol evidence rule.
5. Estoppel: meaning, Estoppel of tenant, licencee, acceptor, bailee, Promissory estoppel.

Module 06 Burden of Proof:

1. Meaning, burden and onus of proof, burden of proof of the case and of particular facts, Standard of proof in civil, criminal and other cases
2. Situations in which burden of proof cast on particular party Presumptions
3. Presumptions as to documents: as to genuineness, due procedure, formalities and contents.
4. Presumptions of fact, Of life and death relationship of partners etc, ownership, good faith in transactions, legitimacy
5. Special provisions of burden of proof and presumptions in criminal cases
6. General presumption in section 114

Module 07 Witnesses:

1. Privileges and disabilities of witnesses, Judicial, Matrimonial, Official, Matters of affairs of state, Title-deeds, Other privileges and disabilities
2. Disability and privilege relating to legal practitioners Privilege concerning incriminating answers
3. Evidence of an accomplice

Module 08 Examination of Witnesses:

1. Order of production and examination
2. Examination in chief, Cross examination, Re-examination, Meaning, purpose, scope and limits, Questions that can be asked.
3. Questioning credibility of a witness
4. Use of writing during examination and cross-examination
5. Compelling witness to answer
6. Hostile witness
7. Refreshing memory, use of earlier statements for corroboration

Module 09 Control of the Judge, and International Conventions:

1. Control of the Judge

Module 01 Alternate Dispute Resolution Mechanisms:

1. Alternate Dispute Resolution Mechanisms: Meaning--Defination—Concept-- History
2. Structure powers and Functions of National and State Legal Services Authorities under the Legal Services Authority Act Legislative and judicial sanction for ADR
3. Forms of ADR: Negotiation, Mediation, Conciliation, Arbitration
4. Structure Powers and functions Ombudsman
5. Lok-pal and Lokayukta, Lok-adalats.

Module 02 Negotiation and Mediation:

1. Meaning, features, theories, types of negotiation
2. Appointment, role and qualities of the negotiator, Process of negotiation
3. International negotiation
4. Meaning, features, theories and role of mediation
5. Appointment and role of mediator
6. Good offices

Module 03 Conciliation:

1. Meaning, features and modes of conciliation
2. Conciliation under the Arbitration and Conciliation Act 1996
3. Appointment and role of conciliator,
4. Techniques of conciliation and Termination of conciliation proceedings
5. Contractual provisions about conciliation

Module 04 Arbitration:

1. Meaning, features, theories and types of arbitration
2. Historical perspectives of arbitration as a dispute settlement mechanism, and
3. law of arbitration
4. Types of Arbitration --Domestic and International arbitration, Institutional arbitration
5. Advantages and disadvantages of arbitration of arbitration
6. Difference between Negotiation--Mediation--Conciliation--Arbitration.

Module 05 Arbitration agreement:

1. The arbitration agreement, formation, its essentials
2. Validity of arbitration agreement
3. Rule of severability, Effect of death, insol vency etc on agreement
4. Parties to arbitration agreement, Agreement as binding on third parties
5. Power of court to refer parties to arbitration
6. Jurisdiction of courts

Module 06 Structure, Powers and Functions of Arbitral Tribunal:

1. Constitution of Arbitral Tribunal- qualifications to act as arbitrator
2. Disclosures by arbitrator,
3. Disqualification of arbitrators
4. Grounds to challenge appointment and procedure of Arbitrators
5. Powers of Courts to appoint Arbitrators
6. Jurisdiction of arbitral tribunal - power to rule on its own jurisdiction
7. Interim measures ordered by arbitral tribunal, interim measures by court.

Module 07 Arbitration proceedings and award:

1. Conduct of arbitral proceedings, procedure, rules of procedure
2. Language, impartiality of arbitrator, equal treatment of parties
3. Procedure before arbitral tribunal, claim, defence, hearing, evidence, experts, confidentiality; Application of the law of evidence and limitation
4. Court’s assistance in taking evidence, Fast track procedure
5. Arbitral award – Types of award- Form and CONTENT- Finality of awardInterpretation of award
6. Correction in award--Stamp duty—Registration--Additional award
7. Costs, Termination of proceedings
8. Time limits for award, extension of time
9. Recourse against award, Grounds of setting aside award, Court’s role
10. Enforcement of award

Module 08 International Perspectives and Enforcement of Foreign Awards:

1. International perspectives: -
   1. UNCITRAL Model Law on International Commercial Arbitration
   2. The Geneva Protocol on Arbitration Clauses 1923
   3. The Geneva Convention on the Execution of Foreign Arbitral Awards 1927
   4. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958
2. Foreign awards – meaning and definition (New York Convention Awards and Geneva Convention Awards)
3. Referring parties to arbitration
4. Binding nature of foreign awards,
5. Enforcement of foreign award, Proof of award conditions for enforcement
6. Jurisdictional issues

Module 01 Introduction:

1. Historical origins of Human Rights in International and National Scenario: An overview
2. Basic Components of Human rights –Value-dignity-Equality –Justice- Morals and Ethics
3. Perspectives on Rights and Duties—Relationship between Rights and Duties Provisions Under the Charter of UN –Preamble-Art. 1 (3) –Art 13 (1) (b)—Arts 55-56

Module 02 Types of Generational Human Rights :

1. Civil and Political Rights (First Generational Rights):
   1. Civil Rights: Freedom of opinion --Freedom of expression and press --- The right to personal security in relation to justice and police --- Equality before the law –Right to Life and Liberty—Right to
   2. Privacy—Right to Religion Political Rights:Equal access to public --- Participation in Governance—Right to Vote –Good Governance
2. Economic , Social and Cultural Rights ( Second Generational Rights):
   1. Economic and Social Rights: Labour Rights—Right to Property – Right to Education- freedom of association --Right to Social Security (Pension, Medical Services-the right to insurance for sickness, old age –Unemployment allowance etc).
   2. Cultural Rights: Right to develop their languages—Right to follow customs, folkways, literatures, and traditions—Right to enjoy scientific and Technological benefits
   3. Group Rights (Third Generational Rights): Right to Development—Right to Self-determination—Right to Peace and happiness—Right to safe and decent Environment—Right to Human Assistance—Right to Malnutrition –Right to water.
   4. Right to Genetic Engineering(Fourth Generational Rights): Right to Protect from Human Genome—Right to Genetic Identity—Right to impose restrictions on medical-Scientific and Technology 202 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B. interference—Right to Die in peace and Dignity—Right to infanticide—Right to fetus

Module 03 Human Rights of Vulnerable and Disadvantaged Groups:

1. Meaning and Definition of Vulnerable and Disadvantaged Groups
2. Social and Economic Status of Women and Children
3. Status of Socially and Economically Disadvantaged groups—Indigenous
4. People—SC/STS—Aged and Disabled –Rights of Minorities
5. Vulnerable Groups—Sex Workers—Stateless Persons—Migrant Workers—
6. HIV/AIDS patients—Third Gender

Module 04 Human Rights and Enforcement Mechanism:

1. International Mechanism:
   1. Commission on Civil and Political Rights
   2. Commission on Economic, Social and Cultural Rights
   3. Commission on Women and Children and Disabled Person
   4. Role of Human Rights Council and Office of the High Commissioner for Human Rights
2. National Mechanism:
   1. National Human Rights Commission
   2. National Commission for Women
   3. National Commission for Protection of Child Rights
   4. National Commissions for SC/STS, Minorities and other disadvantaged groups
   5. Role of Judiciary

Module 05 Significance of Human Rights Education:

1. Meaning and Definition of Human Rights Education
2. Role of UN in the Promotion of Human Rights Education
3. Role of Govt of India in the Promotion of Human Rights Education –
4. UGC and Universities

Module 01 Introduction:

1. Basic Concepts: Customer and Consumer , Market , Types of Market - Perfect Market, Monopoly, Oligopoly and Monopsony
2. Rationale behind Competition Law
3. Constitutional aspect of Competition Law with respect to Human Rightsand
4. Social Justice (Article 39 (b) and (c) of Constitution of India, 1950)
5. Relation between Competition Policy and Competition Law
6. Objectives of Competition Law
7. Economic analysis of Competition Law

Module 02 Historical Development of Competition Law:

1. History and Development of Competition Law/ Antitrust Law
2. Development of Competition Laws in USA, UK and EU
3. Sachar Committee, Raghavan Committee Report
4. Salient Features of MRTP Act, 1969
5. Competition Act 2002 – Salient Features
6. Difference between MRTP Act and Competition Act
7. Important Definitions under the Competition Act, 2002.
8. Brief overview of Competition Law in USA, UK and EU

Module 03 Anti-Competitive Agreements:

1. Anti- Competitive Agreements:- Meaning and Scope
2. Types of Anti-competitive agreements - Horizontal and Vertical agreement
3. Rule of Perse and Reason Exemption from anti-competitive agreements
4. Prohibition of Anti-competitive agreement/ Cartel/bid rigging
5. Practices, decisions and agreements resulting into cartels
6. Pro-competitive and anti-competitive effects of joint ventures
7. Precompetitive and anticompetitive effects of vertical agreements
8. Procedure for inquiry by CCI
9. Prevention of Anti-competitive agreements in USA, UK and EU

Module 04 Regulation of Abuse of Dominant Position:

1. Economics of abuse of dominance
2. Types of Abuse by a Dominant Player: Exploitative Abuses: Vertical restraints and Excessive pricing: Exclusionary Abuses- Price discrimination, discounts and predation 205 SPP University • Law Faculty Revised Curriculum • B.A. LL.B., B.B.A. LL.B. and LL.B.
3. Enterprise
4. Relevant Market
5. Dominance in Relevant Market
6. Relevance of sector specific competitive dynamics on dominant position
7. Predatory Pricing
8. Defenses against abuse of dominance
9. The remedies in case of abuse of dominance
10. Prevention of Abuse of Dominant Position in UK and USA

Module 05 Regulation of Combinations:

1. Combinations: Merger, Acquisition, Amalgamation and Takeover
2. Jurisprudence of Horizontal, Vertical and Conglomerate Mergers
3. Private Equity Investments
4. Notification of combinations
5. Jurisdictional test: Turn over, Asset, Domestic nexus, Exemptions
6. Regulations and Penalties.
7. Position in USA, UK and EU

Module 06 Enforcement Mechanisms:

1. Establishment and Constitution of Competition Commission of India, Powers and Functions
2. Jurisdiction of the CCI
3. Adjudication and appeals
4. Competition Appellate Tribunal
5. Director General of Investigation (DGI)- Penalties and Enforcement.
6. Competition Advocacy in India and International Perspective

Module 07 Interface of Competition Law with other laws:

1. Intellectual Property Rights and Competition Law
2. International Trade and Competition Law
3. Consumer law and Competition Law