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«LL.M. PART II EXAMINATION New developments, amendments and latest case law in any concerned field shall be part of the syllabus. In LL.M. (Pt-II), ...»

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LL.M. PART II EXAMINATION

New developments, amendments and latest case law in any concerned field shall be part of the syllabus.

In LL.M. (Pt-II), there shall be five papers of 100 marks each. The paper- V shall be of Dissertation in each

branch. Candidates will be required to submit "Dissertation" on the topic allotted to them under guidance of

a Faculty Member as per rules.

BRANCH-1 MERCANTILE LAW

There shall be 5 papers of 100 marks in each branch. The V paper shall be - Dissertation. Every student will have to submit a Dissertation on the topic allotted to him.

Paper - 1 : General Principles of Contract and Insurance Time allowed:3 Hrs. Min. Marks:40 Max. Marks:100 Note: This question paper contains eight questions in all. Attempt any four questions.

All questions carry equal marks.

(1) Contract :Contract - Nature, Essentials and types.

- Formation of contract

- Free consent, Consideration and Object

- Void Agreements

- Performance of Contract, Discharge of Contract.

- Contract created by law

- Breach of Contract and Remedies

- Specific performance of contract.

- Law relating to contract in Ancient India.

(2) Insurance :History, nature, need and policy of Insurance.

-Principles of Insurance.

- Contract and Setllemet of Claims relating to Life Insurance, Property Insurance, Insurance against Accident, Group Insurance, Mediclaim and Sickness Insurance and Marine Insurance,

Suggested Readings :

Relevant Statutes :The Indian Contract Act, 1872 (Ss 1 to 75) The Specific Relief Act, 1963 The Insurance Act,1938 The Insurance Regulatory Authority Act, 2000 The Personal Injuries (Compensation Insurance) Act, 1963 The Motor Vehicle Act, 1988 The Marine Insurance Act, 1963.

Pollock & Mulla : Indian Contract Act & Specific Relief Act (2 Vol.) 2005,.N. Butterworths.

Avtar Singh : Law of Contract and Specific Relief Act (2004 EBC) V.G. Ramchandran : Law of Contract Vol. I & II (2004) EBC Peter Mac Donald Eggers and Patriss Foss : Good Faith and Insurance Contracts (1998) LLP Asia, HongKong B.C. Mitra : Law Relating to Marine Insurance. Asia Law House, Hyderabad.

Banerjee : Law of Insurance, Asia Law House, Hyderabad.

R.M. Vats : Law relating to Insurance with special reference to Consumer

–  –  –

Paper - IV : Intellectual Property Law

- Property and Right Jurisprudence, Intellectual Property Rights, International Perspective, WIPO, WTO, Agreement on TRIPS, Indian Situation, Intellectual Property Rights and Human Rights.

- Theory, Law and Practice relating to Copyright, Trade Mark, Design, Geographical Indication and Patents.

- Nature, need, Law and Practice relating to Information Technology

- Impact of Information Technology on Copyright, Patents and Trade Marks.

Suggested Readings :

Relevant StatutesThe Copy Right Act, 1952 The Copy Right Order, 1999 The Patent Act, 1977 The Trade Marks Act, 1999 The Design Act, 1999 The Geographical Indication (Registration and Protection) Act, 1999 The Information Technology Act, 2000 The Cyber Regulation Appellate Tribunal (Procedures) Rules, 2002 The Information Technology (Certifying Authorities) Rules, 2000 Avinash Shivade : Intellectual Property Manual (2005) L.N. Butterworths.

Kumar's : Intellectual Property Law (compilation of acts and rules) (2005) Law Publishers.

R. Mulidharan : Guide to Patent Laws (2005) L.N. Butterwoths.

Rajendra Kumar & Latha R.Nair :Geographical Indications. (2005) Butterwoths. N LSIU, Banglore :

Publications : National / International Legal Instruments of Intellectual Property Right Law (1998) Intellectual Property Law- Relating to Basic Principal and Acquisition, Ownership and enforcement Information Technology related rights, Biotechnology and I.P. Right.

David Briubridge : Software Copy Right Law (2004) L.N. Butterworths Raney Ryber : Intellectual Property and the Internet (2005) L.N. Butterworths.

Pankaj Jain : Intellectual Property and computers (2004) EBC D.P. Mittal : Law of Information Technology Cyber Law- (2004) Taxman U.Baxi & T. Paul : Mass Disasters and Multinational Liability.

–  –  –

- Meaning, definition and object of Penology, Concept of Punishment.

- Theories of Punishment and Judicial approach in India.

- Classical approach (Hindu and Muslim concepts) and its relevance in present times.

- Kinds of Punishment, Punishment under IPC and in other countries-U.S.A., U.K., Russia, Humanitarian theory of Punishment.

- Capital Punishment- Trends in the use of capital punishment, capital punishment in India, Constitutionality- debate as to retention- Judicial approach.

- Imprisonment Approaches to Sentencing, alternative to imprisonment, Corrective Measures, Probation, Parole, Fines, Collective fines. Reparation by the offender, Social approach.

- Sentencing- Principal types of sentences in the Penal code and other Special Laws including Excise Act, Sentencing in white coller Crime, Pre-sentence hearing, sentencing for habitual offender, Summary punishment.

- Prison System- Jails in India,classification of prisoners, Right of prisoners, kinds of prisons including Open Jails, Judicial surviliance, reforms,





- Recedivism.

Suggested Readings :Sanders and Young - Criminal Justice (1994) S. Chhabra - The question of Punishment in Criminal law (1970) H.L.A Hart - Punishment & Responsibility (1968) Herbent L. packer - The Limits of Criminal Sanction (1968) Alf Ron - On Guilt, Responsibility and Punishment (1975) T.K Banerjee - Background to Indian Criminal Law (1990) 1997 Cri. L.J. - "Special Reasons clog on Death Sentence" Indian Penel Code - Chapter on Punishment (sec. 53 to 71) Cr. P.C. - Provision of Relation to Punishment Probation, Parole, Bail, Probation of Oftenders Act.

Jurisprudence - Chapter on criminal Justice.

–  –  –

Note: This question paper contains eight questions in all. Attempt any four questions.

All questions carry equal marks.

1. Labour Jurisprudence

- Concept and Growth of Labour Jurisprudence

- Concept of Social Justice, Natural Justice and the Labour.

- The Constitution of India and the labour

- Judicial process and PIL.

2. Labour Management Relations - Genesis, concept and emerging patterns.

Parties to Labour Management Relations.

Problems, Legislative and Judicial Perspective (a) The Industrial Dispute Act, 1948 (b) The Industrial Employment (S.O.) Act, 1946

3. Disputes settlement Mechanism.

(a.) Conciliation and Arbitration.

(b.) Industrial Adjudication Constitutional perspective and foundations, Accesss to Adjudicatory Justice, Adjudicatory process, Judicial Review of the Adjudicatory Process.

(c.) Collective Bargaining Freedom of organization, conceptual and processual issues, Bargaining Process, Legal control of Collective Bargaining endeavours- Strike, Gherao, Lockout, Factors affecting on collective Barganing, Economic Implication, collective Bargaining and political processes.

4. Impact of Globalisation.

Suggested Readings :I.L.I. : Labour Law and Labour Relations.

2. Malhotra O.P. : The Law of Industrial Disputes

3. Kennedy Vaon D Usen : Union Government Employees and Trade Unions.

4. The Industrial Disputes Act, 1947

5. The Industrial Employment (S.O.) Act, 1946

6. Gillion S. Morris and Trimothy J. Archer : Collective Labour Law

7. I.L.O. : Collective Bargaining

8. Russel A Smith : Collective Bargaining and Labour Arbitration

–  –  –

Note: This question paper contains eight questions in all. Attempt any four questions.

All questions carry equal marks.

1. Constitutional Perspective on Wages.

2. Theories of Wages, Methods of Wage fixation, Wage Differentials, working of Wage Boards.

3. National Wage Policy : Problem and perspectives. Policy, Need for integrated approach- income, price and wages, Problems of mixed economy, Capital intensive sector, Wages in Multinational corporations : Impact of globalisation.

4. International Standardisation, Role of I.L.O.

5. Social Security- Meaning, Modality : Social prescription, social assistance and Social insurance, Origin and Development, Constitutional Perspectives, Law and Practice, towards an ideal Social Security scheme : the futuristic.

6. Labour Welfare - Concept and Philosophy, Theories, Role of Welfare officers, Trade Unions employers and state ; Environment pollution concern, Legislative and Judicial perspectives.

7. Impact of Globalisation on Social Security & Labour Welfare.

Suggested Readings O.P. Malhotra : Law of Industrial Disputes.

2. R.R. Singh : Labour Economics.

3. G.L. Kothari : Wages, Dearness Allowance and Bonus.

4. V.V. Giri : Labour Problems in India Industry.

5. International Labour office : Wages : Wages fixing

6. Srivastava : Social Security and Labour Laws.

7. Harry Calvert : Social Security Laws.

8. Moorthy : Principles of Labour Welfare.

9. K.N. Vaid : Labour Welfare in India.

–  –  –

1. Labour Economics Migratory charactor of Indian Labour, Decasualisation of Labour, Contract labour, Labour absenteeism, Labour Turn Over, Consumer Price Index Numbers.

2. Trade Unionism - Concept Growth and Structure with comparative study of India, U.K., U.S.A.

and Russia, Right to Strike.

Multiplicity, Recognition, Role, Functions, Trade Union Rivalery, Unfair Labour Practice & other Problems.

The Trade Union Act, 1926 Tripartism.

3. Central Trade Union Organisations.

4. I.L.O. - Genesis, Aims and Objective, Constitution, Conventions and Recomendations- Pracedure for Ratification, Regional Conference, Problems and Prospectives, Impact on Indian Labour and Industries.

5. Impact of Globalisation Suggested Readings Giri V.V. : Labour Problems in Indian Industry.

2. Dhyani S.N. : Trade Unions and Right to Strike.

3. The Trade Union Act, 1926

4. I.L.O. : International Labour Code.

5. Dhyani S.N. : I.L.O. and India

6. G.A. Johnson : The I.L.O.

7. Kamla Mathur & N R. Seth : Tripartism in Labour Policy.

8. C.K. Johari : Indian Tripartite System

9. N. Vaidyanathan : International Labour Standards

10. Jenks : The International Protection of Trade Union freedom.

11. Nick Humphery : Trade Union Law, Blackstone, London.

12. Mamoria & Mamoria : Industrial Labour, social Security and Industrial Peace in India.

13. I.L.O. : Structure and Function of Rural worker's Organisation.

Paper IV Law and Practice relating to Agricultural Labour and Civil Servants.

Time allowed:3 Hrs. Min. Marks:40 Max. Marks:100 Note: This question paper contains eight questions in all. Attempt any four questions.

All questions carry equal marks.

A- Agricultural Labour

1. Agricultural Labour Relations Concept of Agricultural labour, Early Stages- Traditional ties between landlord and workers, Exploitation of labour, Longer hours of work and lower wages- Statutory regulation. Bonded labour, Indebtness, Tribal labour in forest settlements, migrant agricultural labour.

2. Trade Unionism and Collective Bargaining among Agricultural Labour.

Unorganised nature, Seasonal character, Political movements State, regional and macro regional disparities in collective bargaining.

3. Industrial "Hour Norms" in Agricultural Labour Area.

Multi-employer employment situation, workmen's compensation, Minimum wages.

4. Labour Welfare for Agriculture Labour.

Need for state initiative and support, Assessment of existing measures : Statutory and non-statutory, Agrarian reform as agricultural labour protection measure, land to the tittler doctrine Environmental impact of distribution of forest land among agriculture labour.

5. Dispute Settlement Mechanism for Agricultural Labour Practices : Settlements, Statutory measures : conciliation, adjudication; comperative study of state practices and Laws.

6. Impact of Globalisation.

B- Civil Servants

1. Constitutional Dimensions.

Civil Servants and fundamental rights, Equality and protective discrimination : Principles and practices, Service Regulations- The Constitutional bases-formulation of service rules- doctrine of pleasure, limitations of doctrine of pleasure, Opportunity of being heard and its exceptions.

2. Recruitment and Promotion Central and State agencies for recruitment, Methods and qualifications.

3. Conditions of Service Pay, dearness allowance and bonus : machinary for fixation and revision Pay Commission. Social security- provident fund, superannuation and retiral benefits, medicare, maternity benefits, emloyment of children of those dying in service, compulsory insurance, civil and criminal immunitics for action in good faith, Consultation with Public service commission.

4. Settlement of Disputes Depratmental Remedies : representation, review, revision and appeal, Role of service organisation, Remedy before Administrative tribunal, Judicial review of service matters.

Selected Bibliography:

V.V. Giri : Labour Problems in Indian Industry R.R. Singh : Labour Economics Reports of National commission on Labour.

Government of India - Various Agricultural Labour Enquiry Reorts.

Report of the National Commission on Rural Labour (1991) N. Narayana Nair : The Civil Servant under the law & the Constitution K.K. Goyal : Administrative Tribunal Act.

Arjun P. Agrawal : Freedom of Association in Public Employment Seervai : Constitutional Law of India.

–  –  –

Sources Divine Origin of Hindu law, Various Sources of Mithila, Banarash, Mayukh, Mitakshra and Dayabhag Code of Manu.



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