Syllabus 8 Th Sem

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SEMESTER 8 8.1 Arbitration, Conciliation and Limitation Concept, meaning and scope of Alternative Dispute Resolution (ADR). Arbitration The Arbitration and the Conciliation Act, 1996. -Arbitration Agreement. - Essentials, of arbitration agreement. - Kinds of arbitration agreement. - Arbitration agreement and expert determination. - Arbitration Tribunal. - Composition - Appointment of Arbitrators - By agreement - By Chief Justice - Challenge to appointment of arbitrator - Termination and substitution of arbitrator - Term of reference and jurisdiction of tribunal. - Arbitral Award. - Rules of Guidance, - Form and content. - Interim measures and interim awards. - Finality and enforcement of award. - Intervention by Court - Application for setting aside an arbitral award. - Grounds for setting aside an arbitral award. Conciliation. - Distinctive between conciliation, negotiation, mediation and arbitration. - Appointment of conciliators. - Conciliation proceedings. - Submission of statement to conciliators. - Conciliation agreements. - Judicial intervention. The Limitation Act, 1963. - Object and public policy rationale of law of limitation - Nature of law of limitation – procedural law. - Law of limitation only bars the remedy and does not extinguish the right. - Bar of limitation. - Doctrine of Sufficient cause and Condonation of delay. - Legal disability. - Continuous running of time. - Computation of period of limitation. - Acknowledgement. - Prescription and limitation – Exception to the Rule that limitation only bars the remedy and does not extinguish right.

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8.2 Company Law 1. 2. 3.

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Corporate Personality Advantages and disadvantages Company - Definition - Kinds of company. Registration and Incorporation. - Procedure of Registration - Certificate of incorporation. - Pre-incorporation contracts. Memorandum and Article of Association. - Memorandum of Association. - Various Clauses. - Doctrine of ultra vires - Article of Association. - Binding force. - Relation with memorandum of association. - Doctrine of constructive notice. - Doctrine of Indoor management and exception.

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Prospectus.

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Promoters - Duty and liability - Fiduciary position Share, Share Capital and Shareholder - Kinds of Shares - Shares Certificates - Transfer and transmission of shares - Restriction on transfer Director - Position of Director - Powers and duties Company Meetings - Statutory Meeting - Annual General Meeting - Extra ordinary General Meeting Debentures - Kinds of Debentures - Debentures compared with shares Majority powers and minority rights - Rule in Foss vs. Harbottle and exceptions Winding up of Companies - Winding up by Court - Voluntary winding up

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8.3 Optional Course – II Law of Taxation 1.

General. - General principles relating to laws of taxation. - Meaning of tax, its nature and characteristics. - Distinction between Tax, Fee and Cess

2.

Constitutional provisions - Power to levy and collect taxes. - Judicial approach.

3.

Income Tax. - Basic Concepts - Income, assesses, person, heads of income, assessment year, previous year. - Residential status and incidence of tax. - Heads of income - Salary - Income from house property - Profits and gains of business or profession - Capital gains - Income from other sources - Deduction, reliefs, and exemption

1.

Central Sales Tax -

Basic concepts - Sales, goods, declared goods. Sale in the course of interstate trade and commerce. Sale outside a state. Sale in the Course of export or import. Special provisions in respect of declared goods.

2.

Service Tax. - Taxable Service. - Constitutional perspective. - Salient provision of Service tax law.

3.

Value Added Tax regime- Concept

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8.4 Honours Law Course IV Law and Public Servant 1. Introduction - Development of civil services in India - Constitutional provisions - Recruitment and conditions of service under the Union and the States - Doctrine of pleasure and limitations on the doctrine 2. Recruitment and Promotion - Union Public Service Commission and State Public Service Commissions - Jurisdiction and functions - Recruitment Process and Appointment - Career Advancement Benefits etc. 4. The Payment of Gratuity Act, 1972 - Concept of Gratuity - Payment of gratuity - Calculation of gratuity - Dearness Allowance - Concept of Dearness Allowance - General principles for fixation of Dearness allowance 5. Bonus - Concept of Bonus, "The Full Bench Formula" The Payment of Bonus Act, 1965 - Scope and coverage - Secs. 1(3) and 1(4) - Calculation of Bonus - Secs. 4-7 - Bonus linked with production/ productivity - Sec. 31A - Payment by result 5. The Employee's Provident Fund Act, 1952 - Concept of Provident Fund - Schemes under the Act - Secs. 5, 6A and 6C - The Employee's Provident Fund Scheme, 1952 - The Employee's Family Pension Scheme, 1971 and 1995 - The Employee's Deposit-Linked Insurance Scheme,1976 - Administration of the Act - Secs. 5D - 5DD 6. The Employee's State Insurance Act, 1948 - Concept of Social Security - Employee's State Insurance and its administration - Contributions - Benefits 6. Remedies - Tribunals - Writs

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8.5 Clinical Course – II Professional Ethics, Accountancy for Lawyers and Bar Bench Relations This course will be taught in association with practicing lawyers on the basis of the following materials. (i) Mr. Krishnamurthy Iyer’s book on “Advocacy” (ii) The Contempt law and practices. (iii) The Bar Council Court of Ethics. (iv) 50 Selected opinions of the disciplinary committees of Bar Councils and 10 Major Judgments of the Supreme Court on the subject, to be selected by the Institute/College. The course will be taught by Institute/College through clinical programmes and Seminars and Projects where the students are expected to research and write persuasive memorandum on topics identified in the above subjects. Note:- Examination of Practical Paper will be internally conducted by the Institute/College and marks will be send to the University.

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8.6 Optional Seminar Course - IV Cyber Laws 1. Concept of Cyber space 2. Law relating to Information technology Concept of Information Technology Legal problems relating to information technology – Their nature and dimensions 3.

The Information Technology Act, 2000 - Objects - Basic concepts - Digital signatures - Electronic governance - Electronic records - Secure electronic records - Certifying authorities - Digital signature certificates - Duties of subscriber - Penalties and adjudication - The Cyber Regulations Appellate Tribunal - Offences – Tampering with computer source documents - Hacking - Publishing of obscene information - Securing access to protected computer network system - Breach of confidentiality and privacy - Offences relating to digital signatures and digital signature certificates -

Immunity of Network Service providers Domain names Passing off

4. The Copyright Act, 1957 - Copyright in computer programmes - Rights of copyright owner in computer programme - Ownership, assignment, term and licence of copyright in computer programme - Infringement of copyright in computer programme - Remedies for infringement – civil and criminal remedies 5. Issues in -

Cyber Law Privacy Computer contaminant and computer virus Pornography Hacking Computer programme and software piracy

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