University of Madras: Appendix - 28 (R)
University of Madras: Appendix - 28 (R)
UNIVERSITY OF MADRAS
DEGREE OF MASTER OF LAW (M.L.) (PRIVATE STUDY) (NON-SEMESTER) BRANCH II - BUSINESS LAW REVISED REGULATIONS
(w.e.f. 2008-2009) 1. ELGIBILITY FOR ADMISSION
Admissions are open to persons all over India. The minimum qualification for admission is 3 Year BL, 5 year BL or LLB from any recognized University accepted by the Syndicate as the equivalent thereto. 2. DURATION OF THE COURSE
The duration of the course will be 2 years under the non-semester pattern. 3. MEDIUM OF INSTRUCTION AND EXAMINATION The medium of instruction and Examination will be English. 4. COURSE OF STUDY
The course of study for the ML Degree shall consist of 10 theory papers and a Dissertation.
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5.
SCHEME OF EXAMINATIONS
Pap er Paper:I Paper:II Paper:III paper:IV Paper:V Paper:VI Paper:VII Paper:VIII Paper:IX Paper:X Paper:XI Ti t l e Constitutional New Challenges Research Methodology and Legal Education. General Principles of the Law of Contracts Electronic Contracts Insurance Law and Carriage of Goods Special Contracts including Banking and Negotiable Instruments. Law of Industrial and Intellectual Property. Law of Export and Import Regulations Corporate Governance and Corporate Finance Judicial Process Law and Social Transformation Dissertation and Viva-voce Ho u rs 3 3 3 3 3 3 3 3 3 3 Mar k s 100 100 100 100 100 100 100 100 100 100 60+40
Dissertation and Viva Dissertation and Viva Dissertation Viva 100 Marks 60 Marks 40 Marks
Viva will be conducted in the Department of Legal Studies, University of Madras, Chennai. 6. PASSING MINIMUM
A candidate shall be declared to have passed in each paper / subject, if he / she secures Not Less than 40% of the marks prescribed for the examination. (1) The passing minimum shall be 40% in each paper and 50% in the dissertation. In addition, the candidate shall secure a minimum of 50% in the aggregate for a pass in each year separately. The candidate securing a minimum of the 50% of the marks in any paper will be exempted from Re-appearing in that paper/s or dissertation. Candidates while re-appearing again for the papers in which they failed or re submitting a fresh dissertation at subsequent occasions shall obtain not less than 50% of the marks in each papers or dissertation to qualify for a pass in such paper/s or dissertation. CLASSIFICATION OF SUCCESSFUL CANDIDATES
(2)
Personal Contact Programme Compulsory P.C.P. will be conducted every year for a period of 10 days only at Chennai. Examination Examinations will be conducted at the end of I year and II year (June) Supplementary Examination will be conducted in December. Eligibility to appear for Theory Examination Only if a candidate attends the P.C.P. He / She is eligible to appear for the Theory Examination 7. (3)
Successful candidates passing the whole examinations and securing the marks (i) 60 percent above (ii) 50 percent and above but below 60 percent in the aggregate of the marks prescribed for the course shall be declared to have passed the examination in the FIRST and SECOND class respectively.
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APPENDIX - 28(S)
UNIVERSITY OF MADRAS
DEGREE OF MASTER OF LAW (M.L.) (PRIVATE STUDY) (NON-SEMESTER) BRANCH II - BUSINESS LAW REVISED SYLLABUS
(w.e.f. 2008-2009)
9.
ELIGIBILITY TO GUIDE
Any full time Law Teacher of Law College / University Department with M.L. Degree with a minimum of 2 years Teaching Experience are eligible to Guide. Prior approval of the topic and Guides Eligibility must be obtained from the Prof. and Head, Department of Legal Studies, University of Madras, Chennai at the beginning of the second year, before 30th November.
A.C.M. 2008
I YEAR
PAPER: I - CONSTITUTIONAL NEW CHALLENGES
Creation of new states, Allocation and share or resourcesdistribution of grants in aid. Rehabilitation of internally displaced persons, Centre's responsibility and internal disturbances within States, Direction of the Centre to the State under Article 356 and 365. Federal Comity: Relationship of trust and faith between Centre and States, Special status of certain States. "State": Need for widening the definition in the wake of liberazation. Right to equality: Privatization and its impact on affirmative action, Empowerment of women, Freedom of press and challenges of new scientific technology. Freedom of speech and right to broadcast and telecast, Right to strike, hartal and bandth, Reading Directive Principles and Fundamental Duties into Fundamental Rights. Compensatory jurisprudence - Right to education, Commercialization of education and its impact, Brain drain by foreign education market, Right of minorities to
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establish and administer educational institution and state control, Secularism and religious fanaticism, Separation of powers: Stresses and strain, Judicial activism and judicial restraint, PIL: implementation, Judicial independence, Appointment, transfer and removal of judges, Accountability: executive and judiciary, Tribunals, Nexus of politics with criminals and the business, Election, Election commission: Status, Electoral Reform, Coalition government, 'stability, durability, corrupt practice, Grass root democracy.
for tabulation. Explanation of tabulated data, Analysis of data. Objective of Legal Education, Lecture Method of TeachingMerits and Demerits, The problem method, Discussion method and its suitability at postgraduate level teaching, The Seminar Methods of Teaching, Examination system and problems in evaluation-external and internal assessment, Student participation in law school programmes-Organisation of Seminars, publication of journals and assessment of teachers, Clinical legal education-legal aid, legal literacy, legal survey and law reform, Clinical legal education-legal. PRESCRIBED BOOKS High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education : Active Learning in your Law school, (1998) Blackstone Press Limited, London, S.K. Agrawal (ed.), Legal Education in India (1973), Tripathi, Bombay, N.R. Madhava Menon, (ed.) A Handbook of Clinical Legal Education, (1998) Eastern Book Company, Lucknow, M.O. Price, H.Bitner and Bysiewiez, Effective Legal Research (1978), Pauline V.Young, Scientific Social Survey and research, (1962), William J. Grade and Paul K. Hatt, Methods in social Research, MC Graw-Hill Book Company, London, H.M. Hyman, Interviewing in Social Research (1965), Erwin C. Surrency, B. Fielf and J. Crea, A Guide to Legal Research (1959), Morris L.Coha, Legal Research in Nutshell, (1996), West Publishing Co., Harvard Law Review Association, Uniform System of Citations, ILI Publication, Legal Research and methodology,
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PAPER: III - GENERAL PRINCIPLES OF THE LAW OF CONTRACTS INCLUDING ELECTRONIC CONTRACTS
Evolution, nature, essential ingredients and modern developments relating to contracts in the conventional mode and electronic mode. Freedom of contract and the fetters that have been imposed-classification of contracts, offer and acceptance, standard form of contract, liability limiting clauses, fundamental breach. Consideration, doctrine of accord and satisfaction panel's case and its implacability in India, promissory estoppels. Capacity, privity of contract, free consent and consent distinction coercion, undue influence, fraud, misrepresentation, mistake-legality of object, opposed to public policy void agreements, wager and contingent contract. Illegal and UN lawful agreements, blue pencil theory. Performance, Impossibility of performance and English law's doctrine of frustration, discharge modes and consequence, anticipatory breach remedies including specific relief, quasi-contracts. Electronic contracts, concept of originators and addressee communication mode like e-mail, cell phone SMS, audio and video conferencing, messaging through internet messenger, etc,. Legal Recognition of Digital signature, legal implication of Encryption, attribution of electronic records, acknowledgement of receipt of record, concept of time and place of dispatch and receipt, consideration modes like e fund transfer agreement, inter payment service provider, credit card, debit card, etc,.Legal issues relating to electronic contracts, common and distinctive features of conventional electronic contracts. PRESCRIBED BOOKS 1. 2. 3. Anson -Law of Contracts Cheshire & Fiffoot -Law of Contracts Chitty -Law of Contracts 8
4. 5. 7. 8.
Trietel -Law of Contracts Pollock & Mulla -Law of Contracts Av tar Singh -Law of Contracts Sec 1 to 75 of the Contract Act, 1872, and Specific Relief Act, 1963.
ELECTRONIC CONTRACTS BOOKS 1) 2) 3) 4) 5) 6) 7) Computer Internet & E-Commerce by Nandan KamathUniversal Law Publishing Co (p) Ltd, New Delhi. Bharat's The Indian Cyber Law' by suresh T Viswanathan. Bharat;s Handbook of Cyber and E-Commerce Laws by M.Bakshi and K.Suri. Computer Law by Chirs Reed: University of London, Indian Edition-Universal Law Publishing Co (p) Ltd, New Delhi Computer Law Cases & Materials by Seth E Zipnex & Stephen Kalman - Merrill Publishing Co., Melbourne. Law Relating to Information Technology (Cyber Laws) by T>V>R>Satya Prasad-Asia Law House, Hyderbad. Guide to Cycer Laws by Rodney D Ryder - Wadhwa, Nagpur
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of claim and subrogation, Effects of war upon policies, History and development, The Insurance Act 1938 and the Insurance Regulatory Authority Act, Mutual insurance companies and cooperative life insurance societies, Double insurance and reinsurances. Nature and Scope, Event insured against life insurance contract Circumstances affecting the risk, Amounts recoverable under life policy, Persons entitled to Payment, Settlements of claim and payment of money, Nature and scope, Classification of marine policies, The Marine Insurance Act, 1963, Marine insurance, Insurable interest, insurable value, Marine insurance policy-condition-express warranties-constructed terms of policy, Voyage-deviation, Perils of the sea, Assignments of policy, Partial laws of ship and of freight-salvage, general average, charges, Return of premium, The Fatal Accidents Act, 1855, Objects and reasons, Assessment of compensation, Contributory negligence, Apportionment of compensation and liability, the Personal Injuries Compensative Insurance Act 1963, Compensation payable under the Act, Compensation insurance scheme under the Act-Compulsory, Fire insurance, The Emergency Risks (factories) Insurances, The Emergency Risks (goods) Insurance, Policies covering risk of explosion, Policies covering accidental loss, damage to property, Policies covering risk of storm and tempest, Glass-Plate Policies, Burglary and their policies, Livestock policies, Goods in transit insurance, Agricultural insurance, the Motor Vehicles Act, 1988, Nature and scope, Effect of insolvency or death on claims of insolvency and parties, certificate of insurances, Claims Tribunal constitution, function, application for compensation, procedure, powers and awards, Liability Insurance, Nature and kinds of such insurance, Public liability insurance, Professional negligence insurance, Group life insurance, Mediclaim, Sickness Insurance, Carriage of goods.
BOOKS PRESCRIBED : John Hanson and Christopals, All risks Property Insurance (1999) LLP Asia Hong Kong. Peter Mac Donald Egers and Patric Foss, Good Faith and Insurance Contract (1998) LLP Asia, Hong Kong. Banerjee, Law of insurance (1994), Asia Law House, Hyderabad. Mitra B.C., Law Relating to Marine Insurance (1997) Asia Law House, Hyderbad. J.C.B. Gilmar and Mustill, Arnold On the Law of Marine Insurance (1981) Sweet & Maxwell. Birds, Modern Insurance Law (1997) Sweet & Maxwell. Colinvaux's Law of Isurance (1997) Sweet & Maxwell. O'Mary on Marine Insurance (1993) Sweet & Maxwell. International Labour Office, Administration Practice of Social Insurance (1985). E.R. Hardy Ivam General Principles of Insurances Law (1979). Edwin W.Patterson, Cases and Materials on Law of Insurance (1955). M.N. Srinivas, Law and the Life Insurance Contract (1914).
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privatization policy, protection of depositors, deposit insurance, priority lending, micro credit, R B L - powers and functions, control over non-banking companies, Banker and customersrelationship, rights duties and liabilities, protection of bankers, nature and types of account, special class of customers, pass book, Goods lending principles, security for advanced, repayments of loans, default and recovery debts, recovery tribunal;, securitisation Act, (SARFAESI ACT), negotiable instruments-meaning, kinds, transfer and negotiation, holder and holder in due course, presentment and payments, presumptions, liabilities of parties, discharge, bouncing of cheques and remedies. Recent trends of banking system in India, new technology, Information Technology, Legal issues associated with on-line banking, BOOKS: 1. 2. 3. 4. 5. Bowstead - Law of Agency Friedman - Law of Agency Atiyah - Law of Agency Benjamin - Law of Agency Bashyam & Adiya - Negotiable Instruments, Trestise on Consumer protection Law Dilip K Sheth (Snow White Publishers, Delhi), The Law of Consumer protection in India Gurjeet Singh (Deep & Deep, Delhi) Rajendra Kumar Nayak-Consumer protection in India Bharats Consumer Protection Law and Practice by Dr. V.K. Aggarwal, Tannan's Banking Law &Practice in India.
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PRESCRIBED BOOK : Terence P. Stewart (ed) the GATT Uruguay Round: A Negotiating History (1986- the end Game (Part-I (1999)) Kluwer, Ive P. Cooper, Biotechnology and Law (1998) Clerk Boardman Callaghan, New york David Bainbridge, Software Copyright Law (1999) Carswell, Carlos M. Correa (ed.) Intellectual Property and International Trade (1998) Kluwera patent Co-operation Treaty Hank Book (1998), Sweet and Maxwell Chirstopher Wadlow, the Law of passing-off (1998), sweet and Maxwell W.R. Cornish, Intellectual Property Law (1999), Sweet and Maxwell Copy rights Industrial Designs, Geographical Indications, Trade secrets and confidential Information with grand building being the order of the day in the minutes world geographical indications occupy a pivotal position.
Reduction of subsides and counter measures, General Scheme, Legislative Control, Power of control: Central government and RBI, Foreign Trade Development and Regulation Act 1993, Restriction under customers law, Prohibition and penalties, Export-import formulation guiding features, Control under FEMA, Foreign exchange and currency, Import of goods, Export promotion councils, Exports oriented units and export processing Zones, Quality control, Regulation of goods, Conservation of foreign exchange, Currency transfer, Investment in foreign countries, Investment policy: NRIs, fIIs (foreign institutional investors) FDIs, Joint venture, Promotion of foreign trade, Agricultural products, Textile and clothes, Jewellery, Services Sector, Prohibition on important and exportation of goods, Conveyance and warehousing of goods, Borrowing and lending of money and foreign currency, Securities aboard, Immovable property-purchase abroad, Establishment of business outside, Issue of derivations and foreign securities - GDR (global deposits receipts). ADR (American depository receipts) and URO, Investment in Indian banks, Repatriation and surrender of foreign securities, Restrictive terms in technology transfer agreements, Automatic approvals schemes, Government of India PRESCRIBED BOOKS : HandBook of import Export procedures. (Refer to the latest Government of Indian Import and Export Policy (1997-2002) The students should consult the relevant volumes of the Annual Survey of India Published by the Indian Law Institute, New Delhi Foreign Exchange Management Act 1999 Marine products Exports Development Authority Act 1972 Final Treaty of GATT, 1994.
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II YEAR
PAPER: VII - LAW OF EXPORT AND IMPORT REGULATIONS
State control over import and export of goods-from rightly to liberalization, Impact of regulation on economy, Goods, Services, Transportation, WTO agreements, WTO and tariff restrictions, WTO and non-tariff restrictions, Investments and transfer of technology, Quota restriction and anti-dumping, Permissible regulations, Quarantine regulations, Dumping of discarded technology and goods in international market,
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PRESCRIBED BOOKS Alastair Hundson. The Law on financial Dervatives (1998), Sweet & Maxwell. Eil's Ferran, Company Law and Corporate Financial Derivatives (1999) Oxford Jonathan Charkham, Fair Shares: the future of Shareholder Power and Responses (1999) (Oxford) Ramaiya A, Guide to the companies Act (1998), Vol, I, II and III. H.A.J. Ford and A.P. Austen Fords principle of corporation Law (1999) Butter J.H. Farrar and B.M. Hanniya Farrar's company Law (1998) Butterworths. Austen R.P., The Law of public Company Finance (1986) LBC. R.M. Goode, Legal problems of Credit and Security (1988) Sweet and Maxwell. Altman and Subrahmanayan recent advanced in corporate Finance (1985) LBC. Gilbert Harold Corporation Finance (1956), Henry E. Hoagland, Corporate Finance (1947). Maryin M. Kristan, Corporate Finance (1975). R.C. Osborn, Corporate Finance (1959), S.C. Kuchhal Corporate Finance: Principles and problems (6th ed. 1966), V.G. Kullkarni, Corporate Finance (1961), V.D. Kulshreshta Government Regulation of financial management of private Sector in India (1986),
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JOURNALS Journals of Indian Law Institute, Journals of business Law, Secretary, company Law Journals, Law and Contemporary problems. Statutory Materials-companies Act and Laws relating to SEBi depositories. Financing and information technology.,
relationship of law and justice- The relationship in the context of the Indian constructional ordering, Analysis of selected cases of the Supreme Court where the judicial process can be seen as influenced by theories of justice, Julius Stone. The province and function of Law, Part II, Chs. 1, 8-16 (2000), Universal New Delhi, Cardozo, The nature of judicial process (1995) Universal, New Delhi, Henry J. Abraham, The judicial Process (1998), Oxford, J.Stone President and the law: Dynamics of common Law growth (1985) Butteerworths, W. Friedman, Legal Theory (1960), Stevens London, Bodenheimer Jurisprudence- the philosophy and methods of the Law (1997), Universal, Delhi, J. Stone. Legal System and Lawyers Reasoning (1999) Eastern Book Company, Lucknow, Rajeev Dhavan The Supreme Court of India - A Socio Legal Critique of its justice Techniques (1977), Tripathi, Bombay, John Rawa, A Theory of justice (2000) Universal Delhi, Edwards H. Levi, an introduction to Legal Reasoning (1970) University of Chicago.
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and the law, Languages as a divisive factor, Formation of linguistic states, Constitutional guarantees to linguistic minorities, Languages policy and the Constitution : official Language Multilanguage system, Non-discrimination on the ground of languages, Caste as a divisive factor, Non-discrimination on the ground of caste, Acceptance of caste as a factor to undo past injustice, Protective discrimination, Scheduled castes, tribes and backwards classes, Reservation: Statutory Commissions, Statutory Provision, Regionalism as a divisive factor, Concept of India as one unit, Right of movements, residence and business impermissibility of state or regional barriers, Equality in matters of employment: the slogan "Sons of the soil" and its practice, Admission to educational institutions: preference to residence of a state, Crimes against women, Gender injustice and its various forms, Women's Commission, Empowerments of Women: Constitutional and other legal provisions, child Labor, Sexual exploitation, Adoption and related problems, Children and education, Modernization as a value: Constitutional perspectives reflected in the fundamental duties, Modernization of social institutions through law, Reform of family law, Agrarian reforms - Industrialization of agriculture, Industrial reforms: Free enterprise V State regulation-Industrialization V. Environmental Protection, Reform of courts processes, Criminal law: Plea bargaining: Compounding and payments of compensation to victims, Civil Law : (ADP) Confrontation/Consensus: Mediation and Conciliation; Lok Adalats, Prison Reforms, Democratic decentralizations and local self-government., The jurisprudence of Sarvodaya - Gandhiji Vinoba Bahava; Jayaprakash Narayan Surrender of Dacoits; Concept of gram nyayalayas, Socialist thought on law and justice: An Enquiry through constitutional debates on the right to property, Indian Marxist critique of law and justice, Naxalite movement; Causes and cure.
PRESCRIBED BOOKS Mare Galanter (Ed.) Law and society in modern India (1977) Oxford Robert Lingat, the classical Law of India (1998), Oxford, U. Baxi, The Crisis of the Indian Legal System (1982) Vikas New Delhi, U.Baxi, (ed), Law and poverty, Critical Essays (1988). Tripathi, Bombay, Manushi, A Journal About Women and society, Duncan Derret, The State Religions and Law in India (1999). Oxford University Press New Delhi, H.M. Seervai, Constitution of India (1996), Tripathi, DD. Basu, Shorteer constitutiona of India (1996), Prentice-Hall of Indian (p) Ltd., New Delhi, Sunil Deshta and Kiran Deshta, Law and Menance of Child Labour (2000) Arnol publications, Delhi, Savitri Gunasekhare, Children, Law and justice (1997), Sage Indian Law Institutes, Law and social Change: Indo - American Reflection Tripathi (1988), J.B. Krispalani, Gandhi: His Life and though (1970) Ministry information and Broadcasting Government of India, M.P. Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay, Agnes Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford.
A.C.M. 2008
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