Syllabus 9 Th Sem

SEMESTER 9 9.1 Law of Evidence THE INDIAN EVIDENCE ACT, 1872 1.

Definition - Facts, Facts in Issue, Relevant Facts, Proved, Disproved and Not-proved, May Presume and Shall Presume, Conclusive Proof.

2.

Relevancy and Admissibility - Evidence of relevant facts - Doctrine of res gestae - Facts constituting occasion, cause and affects - Facts constituting motive, preparation and conduct - Introductory or Explanatory facts - Conspiracy. - When facts not otherwise relevant become relevant - Custom and right - State of mind, body or bodily feelings

3.

Admission and Confessions

4.

Dying declarations

5.

Relevancy of Judgment

6.

Opinion of Experts

7.

Relevancy of character

8.

Facts which need not be prove

9.

Oral and documentary evidence

10.

Burden of Proof

11.

Estoppels

12.

Witnesses - Competency to testify. - Privileged communication. - Accomplice.

13.

Examination of Witnesses. - Order of Examination - Examination-in-chief, Cross-examination, Re-examination. - Leading questions. - Hostile witness. Issues in witness protection.

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1.

9.2 International Law General. - Definition, and basis of International Law. - Nature of International Law. - Relationship between International Law and Municipal Law-Theories

2.

Sources of International Law. - International Conventions. - International Customs. - General Principles of Law recognized by civilized state. - Decision of Judicial and Arbitral tribunals. Juristic works. - Determinations of organs of international institutions. - Subsidiary sources.

3.

Subjects of International Law - States, Individual, International Organization and Non-state Entity.

4.

Recognition - Meaning. - Theories of recognition – Contributive and declaratory theories. - Modes of recognition - de facto and de jure recognition.

5.

Nationality - Meaning and Definition. - Mode of acquisition and loss of nationality.

6.

Extradition and asylum.

7.

Treaties

8.

Settlement of International disputes. - Pacific mean of settlement. - Coercive mean of settlement. Neutrality. Piracy Contraband

9. 10. 11.

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9.3 Optional Course III Intellectual Property Law 1.

Concept of Intellectual property. The main forms of intellectual property - Copy right. - Trademarks. - Patents. - Designs. - Trade Secrets.

2.

Copyright. - Meaning and Characteristics of Copyright. - The Copyright Act, 1957. - Author and Owner of Copyright. - Rights conferred by copyright. - Term of Copyright. - Assignment / License of Copyright. - Infringement of Copyright and remedies therefor.

3.

Trademarks. - Meaning, essentials and functions of Trademark. -The Trade Marks Act, 1999

4.

The Patent Act, 1970. - Protectable Subject Matter – Patentable Invention. - Procedure for obtaining patent. - Rights of Patentee. - Transfer of Patent. - Infringement and action for Infringement. - Patent in Computer programmes. - Patent Protection for Micro-Organism. Designs. - The Designs Act, 2000. - Subject matter of designs. - Registration of a design. - Piracy of a Registered Design.

5.

6.

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Emerging dimensions of Intellectual Property Rights (IPR). - Geographical Indications and IPR. - Protection of Plant variety and Farmers. - Bio-diversity and IPR. - Agriculture, Bio-Piracy and Indian IPR Regime. IPR and creation of New forms of Life.

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9.4 Honours Law Course – V International Trade Law 1. International Commercial Taxation – Hague Rules – Financial Assistance – Letters of Credit – Bill of Lading etc. 2. International Carriage of Goods – Charter parties – Contract of carriage – Freight obligation of buyer – Carrier’s liability – IATA Rules The Carriage of Goods Act, 3. Contract for International sale – CIF and FOB contracts – Conditions and warranties – Demurrage 4. Insurance coverage of goods in transit – Disclosure of material facts – Types of loss – apportionment – subrogation The Marine Insurance Act, 5.

Institutions. - UNCTAD. - UNCITRAL. - GATT.

6.

Dispute settlement in international transaction – Commercial Arbitration Bruseels and Lagano Countries – European conventions – Sovereign immunity – Enforcement of decrees/awards – Dispute resolution under WTO

7.

WTO.

8. 9. 10.

-

Structure, principles and working. Difference between GATT and WTO. Problems. Special permission for developing and less-developed countries. - Trade and Development Committee. - Balance of payment provisions in WTO. - India and WTO. Trade Related Investment Measures (TRIMS). - Relationships with GATT. - Inalienable rights of member countries. General Agreements on Trade in Services (GATS) - Principle : Non – discrimination. - Benefits to India. Trade Related Intellectual Property Rights (TRIPS) - Structure and Principles. - Minimum Standards. - Enforcement of IPR. - Transparency. - Emerging issues.

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9.5 Clinical Course – III Public Interest Lawyering, Legal Aid and Para-legal services This course carrying 100 marks will have to be designed and evaluated according to local condition by the Institute/college in consultation with the University and State Bar Council. It can be taught partly through classroom instructions, clinical and extension programmes like Lok Adalat, Lega Aid Camp, Legal Literacy camp and para legal training. The course should also contain lessons of negotiations and counseling, use of computer in legal work, legal research in support of Public Interest Litigation, writing of case comments, editing of Law Journals and law office management. The marks may be appropriately divided to the different programmes by the concerned Institute/college in consultation with the University and State Bar Councils. The evaluation and allotment of marks will have to be done by the Concerned Institute/college internally and marks be sent to the University. Book Recommended : 1.

S. K. Agarwal (ed)

:

Legal Education of India (1973) Tripathi, Bombay.

2.

N.R. Madhava Menon

:

A Handbook of Clinical Legal Education (1998).

3.

ILI Publication

:

Legal Research and Methodology.

4.

Kailash Rai

:

Public Interest Lawyering, Legal Aid and Para Legal Services (2001) CLA,Allahabad.

5.

Morris L. Cohan

:

Legal Research in Nutshell (1996) West Publishing Co.

6.

K. Iyer.

:

Advocacy.

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9.6 Optional Seminar Course – V Conflict of Laws 1.

Nature and Scope of international law and conflict of laws. - Application of Conflict of laws - Denomination. - Unification of Private international law. - Difference between public and private international law.

2.

Historical Development. - Evolution of English private international law. - Evolution of Indian private international law.

3.

Theories of Private International Law. -

4.

Statute theory. International theory. Territorial theory and the theory of acquired rights. Local Law theory. Theory of justice.

Characterization. - The nature of problem involved in characterization. - Theories of characterization. - Process of characterization.

5.

Renvoi

6. 7. 8.

Application and Exclusion of Foreign Law. Domicile. Jurisdiction of Courts.

9.

Marriage. - Concept of Marriage. - Validity of Marriage. - Material validity. - Formal validity.

10

Matrimonial Causes. - Concept of Matrimonial Causes. - Divorce, nullity, judicial seperation. - Choice of Jurisdiction and Choice of Law to examined.

11.

Legitimacy and Legitimation. - Concept of Legitimacy. - Jurisdiction of Court. - Concept of Legitimation. - Jurisdiction of Court.

- Theories of Renvoi.

12.

Adoption. - Jurisdiction. - English Law. - Indian Law. - Recognition of Foreign Adoptions. - Indian Law. - Adoption by Foreign Patents.

13.

Property. - Characterization - Immovable Property. - Transfer of Tangible Movables. - Assignment of Intangible Movables. - Insolvency. - Succession.

14.

Law of Obligations. - Commercial Contracts. - Negotiable Instruments. - Torts.

15.

Foreign Judgments. - Need for recognizing foreign judgments. - Enforcement of Foreign Judgments. - Secs 13, 14, & 44 A of the C.P.C. - Sec 41 of the Indian Evidence Act.

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