LL.M. SEMESTER-II

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LL.M. SEMESTER-IICoreLMC110 Judicial ProcessElective- Criminal LawLME111 Penology: Treatment of OffendersOrLME112 Corporate LawLME113 Privileged Class DevianceOrLME114 Legal Regulation of Economic EnterprisesElective- Constitution and Legal OrderLME115 Public Utilities lawOrLME116 Public Authorities: LiabilityLME117 Union-State Financial RelationsOrLME118 Administrative Process & Judicial ControlElective- Human Rights LawLME119 Human Rights & International OrderOrLME120 Mass Media lawLME121 Protection & Enforcement of Human Rights inIndiaOrLME122 Collective ViolenceSkillLMS123 Skill Development1

LL.M. SEMESTER-IIJUDICIAL PROCESSCore Course LMC110Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjectives of the courseA lawyer, whether academic or professional, is expected to be competent to analyses andevaluate the legal process from a broader juristic perspective. Hence a compulsory paperon Judicial Process is essential in the LL.M. curriculum. The objective of this paper is tostudy the nature of judicial process as an instrument of social ordering. It is intended tohighlight The role of court as policy maker, participant in the power process and as aninstrument of social change. This paper further intends to expose the intricacies of judicialcreativity and the judicial tools and techniques employed in the process.Since the ultimate aim of any legal process or system is pursuit of justice, a systematicstudy of the concept of justice and its various the theoretical foundations is required. Thepaper, therefore, intends to familiarise the students with various theories, different andalternative ways, of attaining justice.The following syllabus prepared with the above perspective will spread over a period ofone semesterUNIT-I1.Nature of judicial process1.1Judicial process as an instrument of social ordering1.2Judicial process and creativity in law – common law model-LegalReasoning and growth of law- change and stability.1.3The tools and techniques of judicial creativity and precedent.1.4Legal development and creativity through legal reasoning under statutoryand codified systems.2

UNIT-II2.Special Dimensions of Judicial Process in Constitutional Adjudications.2.1Nations of judicial review2.2„Role in constitutional adjudication- various theories of judicial role.2.3Tools and techniques in policy- making and creativity in constitutionaladjudication.2.4Varieties of judicial and juristic activism.2.5Problems of accountability and judicial law –making.UNIT-III3Judicial Process in India3.1Indian debate on the role of judges and on the notion of judicial review.3.2The “independence” of judiciary and the “ political “ nature of judicialprocess3.3Judicial activism and creativity of the Supreme Court–the tools andtechniques of creativity.3.4Judicial process in pursuit of constitutional goals and values- newdimensions of judicial activism and structural challenges3.5Institutional liability of courts and judicial activism – scope and limits.UNIT-IV4.The Concepts of Justice4.1The concept of justice or Dharma in Indian thought4.2Dharma as the foundation of legal ordering in Indian thought.4.3The concept and various theories of justice in the western thought.4.4Various theoretical bases of justice: the liberal contractual tradition, theliberal utilitarian tradition and the liberal moral tradition.UNIT-V5Relation between Law and Justice5.1Equivalence Theories – Justice as nothing more than the positive law ofthe stronger class3

5.2Dependency theories- For its realisation justice depends on law, but justiceis not the same as law.5.3The independence of justice theories- means to end relationship of law andjustice the relationship in the context of the Indian constitutional ordering.5.4Analysis of selected cases of the Supreme Court the judicial process can beseen as influenced by theories of justice.Select BibliographyJulius Store, 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.Abrabam, The Judicial Process (1998), Oxford.J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) ButterworthsW.Friedmann, Legal Theory (1960) , Stevens,LondonBodenheimer, Jurisprudence – the Philosophy and Method of the Law (1997), UniversalDelhiJ.Stone , Legal System and Lawyers‟ Reasonings (1999 ) , Universal, DelhiU.Baxi, The Indian Supreme Court and Politics (19980), Eastern, Lucknow.Rajeen Dhvan, The Supreme Court of India- A Socio –Legal Critique of its JuristicTechniques (1977), Tripathi, Bombay.John Rawls, A Theory of justice (2000), Universal DelhiEdward H.levi, An Introduction to Legal Reasoning (1970), University of Chicago.4

LL.M. SEMESTER-IIGROUP –B CRIMINAL LAWPENOLOGY: TREATMENT OF OFFENDERSElective Course LME111Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjectives of the courseThis course offers a specialist understanding of criminal policies including theories ofpunishment, their supposed philosophical and sociological justification and theproblematic of discretion in the sentencing experience of the „developing‟ societies, afocus normally absent in law curricula so far.The expert work of the U N. committee on Crime Prevention and Treatment of Offenderswill be availed of in this course. Especially, at each stage, the three „D‟s will be zation,dependization,anddeinstitutionalization. Broadly, the course will concern itself with.(a)Theories of Punishment(b)Approaches to Sentencing(c)Alternatives to Imprisonment(d)The State of Institutional Incarceration in India: Jails and other custodialinstitutions(e)The problematic of Capital Punishment(f)Penology in relation to privileged class deviance(g)Penology in relation to marginalized deviance or criminality(h)The distinctive Indian (historical and contemporary) approaches otpenologyThe following syllabus prepared with this perspective will be spread over a period of onesemester.UNIT-I1.IntroductoryDefinition of Penology2.Theories of Punishment5

RetributionUtilitarian prevention: DeterrenceUtilitarian: IntimidationBehavioural prevention :IncapacitationBehavioural prevention: Rehabilitation –ExpiationClassical Hindu and Islamic approaches to punishmentUNIT-II3.The Problematic of Capital PunishmentConstitutionality of Capital PunishmentJudicial Attitudes Towards Capital Punishment in India- An inquiry through thestatute law and case law.Law Reform ProposalsUNIT-III4.Approaches to SentencingAlternatives to Imprisonment4.1.1. Probation4.1.2. Corrective labour4.1.3. Fines4.1.4. Collective fines4.1.5. Reparation by the offender/by the courtUNIT-IV5.Sentencing5.1Principal types of sentences in the Penal Code and special laws5.2Sentencing in white collar crime5.3Pre-sentence hearing5.4Sentencing for habitual offender5.5Summary 1The state of India‟s jails today6

1.2The disciplinary regime of Indian prisons1.3Classification of prisoners1.4Rights of prisoner and duties of custodial staff.1.5Deviance by custodial staff1.6Open prisons1.7Judicial surveillance-basis –development reformsSelect bibliographyS.Chhabbra, The Quantum of Punishment in Criminal Law (1970)H.L.A.Hart, Punishment and Responsibility (1968)Herbert L. Packer, The Limits of Criminal Sanction (1968)Alf Ross, On Guilt, Responsibility and Punishment (1975)A. Siddique, Criminology (1984) Eastern, Lucknow.Law Commission of India, Forty, Second Report Ch. 3 (1971)K.S.Shukla, “ Sociology of Deviant Behaviour” in 3 ICSSR Survey, of Sociology andSocial Anthropology 1969 –179 (1986)Tapas Kumar Banerjee, Background to Indian Criminal Law (1990), R.Campray & Co.,Calcutta.LL.M. SEMESTER-IICORPORATE LAWElective Course LME112Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjectives of the subjectThe main objective of this course is to make students familiar with the developments thatare being taking place in the different areas with the help of corporate law.UNIT-I1. Introduction:1.1 Nature, purposes and types of business enterprises.1.2 Economic themes in the development of modern company law.1.3 Classification of companies.1.4 Concept and theories of corporate personality .1.5 Doctrine of Lifting the Corporate Veil7

1.6 Administration of Company Law- Authorities, their composition, powers andjurisdiction.UNIT-II2. Formation of company.2.1 Promotion and pre-incorporation contracts.2.1.1 Concept of Promotion2.1.2 Rights and Duties of Promoters2.1.3 Pre-incorporation contracts.2.2 The Mechanics of Company Formation.2.2.1 Formation formalities.2.2.2 Memorandum of Association:i) Meaning, nature and content (Requirements under company and other legislations)ii) Doctrine of ultra virus - Scope, Effect, Remedies and Reform of the doctrine.iii) Amendment of MOA.2.3 Articles of Association:2.3.1 Meaning and nature.2.3.2 Doctrine of indoor management - Scope, Effect and Exceptions.2.3.3 Amendment of AOA.UNIT-III3. Concept of Capital and Financing of Companies3.1 Economic and legal concept of capital3.2 Sources of capital Depositories, Public Financial Institutions, Mutual Funds, FDI andNRI investments.3.3 Kinds of Capital, Alteration, Reduction and Issue of Capital3.4 Share - Definition, Kinds, Classes of Shares, Allotment, Transfer, Transmission ofShares and Buy backof Shares.3.5 Debenture - Definition, Kinds and Rights of Debenture Holders, Charges, NewDevelopments inCorporate Financing.3.6 Inter- corporate Loans and Investments4. Oppression & Mismanagement and Investigation4.1 Rule in Foss v. Harbottle4.2 Prevention of Oppression4.3 Prevention of Mismanagement4.4 Role & Powers of the Company Law Board4.5 Role & Powers of Central GovernmentUNIT-IV5. Corporate Liquidation5.1Winding up of Companies5.2 Mode of winding up of the companies5.3Compulsory Winding up under the Order of the Tribunal5.4 Voluntary winding up6. Corporate Governance and Social Responsibility8

6.1 Importance of Corporate Governance6.2 Different system of Corporate Governance6.3 Impact of Legal Traditions and the Rule of Law on Corporate Governance6.4 Legal Reforms of Corporate Governance in India6.5 Reports of the various Committees on Corporate GovernanceUNIT-V7. Equity Finance7.1. Share capital7.2 Prospectus - information disclosure7.3 Issue and allotment7.4 Shares without monetary consideration8. Debt Finance8.1 Debentures8.2 Nature, issue and class8.3 Deposits and acceptance8.4 Creation of charges8.5 Fixed and floating chargesSELECT BIBLIOGRAPHYa) Gover's Principles of Company Law, 5th Edn. 1992, Sweet and Maxwellb) Iyengar,T.R. Srinivasa : Company Promotion, Management & Incorporation ,2nd Ed.The Law Book Co (P) Ltd.c) Dr.K.R. Chandratre : Transfer and Transimission of Shares and Debentures 3rd Ed.1996 Bharat Law HousePublication.d) Badjatya : Model object Clause of Memorandum of Association of a Company, 1995Ed. Orient Publishing co.e) Ramaiya : Guide to the companies Act- (1998 )f) Boyle and Birds - Company Law 3rd Edn. 1997 Universal Law Publishing Co.Pvt. Ltd.g) J.H. Farrar and B.M. Hanniyan, Farrar's Company Law (1998) Butterworthsh) Altman and subrahmanyan - Recent Advances in Corporate Finance (1985) LBC.i) Y.D. Kulshreshta, Government Regulation of Financial Management of privateCorporate sector in India(1986) Journals - Journal of Indian Law Institute, Corporate Law Cases, CharteredSecretary, Law andContemporary Problems. Statutory Materials - Companies Act9

LL.M. SEMESTER-IIPRIVILEGED CLASS DEVIANCEElective Course LME113Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjectives of the courseThis course focuses on the “Criminal of the “Privileged classes”. The definition of“privileged classes” in a society like India should not pose major problems at all; theexpression nearly includes wielders of all forms of state and social (including religious)power. Accordingly, the course focuses on the relation between privilege power anddeviant behaviour.The traditional approaches which highlight “white-collar offences”,“socio-economic offences” or “crimes of the powerful” deal mainly with the deviance ofthe economically resourceful. The dimension of deviance associated with bureaucracy,the new rich (nouveau riche), religious leaders and organizations, professional classes andthe higher bourgeoisie are not fully captured here.In designing teaching materials for this course, current development in deviance, asreflected in newspapers/journals, law reports, and legislative proceedings should behighlighted.It should be stressed that the objectives of the course include:(a)Dispelling of the commonly held belief that deviance crimes is usuallyassociated with the impoverished or improvident;(b)Construction of model so understanding the reality of middle and upper:middle class deviance criminality in India.(c)Critical analyses of legal system response and(d)Issues and dilemmas in penal and sentencing policiesThe following syllabus prepared with the above objectives will be spread over a period ofone semester.UNIT-I1.Introduction1.1Conceptions of white collar crimes1.2Indian approaches to socio-economic offences10

1.3Notions of privileged class deviance ad providing a wider categorization ounderstanding Indian development1.4Typical forms of such deviance1.5Official deviance (deviance by legislators, judges, bureaucrats)1.6Professional deviance; journalists, teachers, doctors, lawyers engineers,architects1.7Trade union deviance (including teachers, lawyers/urban property owners)1.8Landlord deviance (class/cast based deviance)1.9Police deviance1.10eviance on electoral process (rigging, booth, capturing, impersonation,corrupt, practices)1.11ender-based aggression by socially, economically and politicallypowerfulNOTE: Depending on specialist interest by the teacher and the taught any three areas ofdeviance of privileged class may be explored. What follows is only illustrative of onemodel of doing the course.UNIT-II2Official Deviance2.1Conception of official deviance-permissible limit of discretionary powers2.2The Chambal Valley docoit Vinoba Mission and Jai Prakash NarainMission – in 1959 and 19712.3The Chagla Commission Report on LIC –Mundhara Affair2.4The DAS Commission Report on Pratap Singh Kairon2.5The Gover Commission Report on Dev Raj Urs2.6The Maruti Commission Report2.7The lbakkar-Natarajan Commission Report on Fairfax.UNIT-III3Police Deviance3.1Structures of legal restraint on police powers in India3.2Unconstitutionally of “third-degree” methods and use of fatal force bypolice3.3“Encounter” killings11

3.4Police atrocities3.5The plea of superior orders3.6Rape and related forms of gender-based aggression by police and Paramilitary force3.7Reforms suggestions especially by the National Police CommissionsUNIT-IV4Professional Deviance4.1Unethical practices at the Indian bar4.2The Lentin Commission Report4.3The press Council on unprofessional and unethical journalism4.4Medical malpracticeUNIT-V5Response of Indian Legal Order to the Deviance of Privileged Classes5.1Vigilance Commission5.2Public Accounts Committee5.3Ombudsman5.4Commissions of Enquiry5.5Prevention of Corruption Act, 19475.6The Antulay CaseSelect bibliographyUpendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House,New Delhi.Upendra Baxi (ed.), Law and Poverty: Eassays (1988)Upendra Baxi , Liberty and Corruption: The Antulay Case and Beyond (1989)Surendranath Dewevedi and G.S. Bbargava, Political Corruption in India (1967)A.R. Desai (ed.) Violation of democratic Rights in India (1986)A.G. Noorani, Minister‟s Misconduct (1974)B.B. Pande, „ The Nature and Dimensions of Privileged Class Deviance” in The OtherSide of Development 136 (1987;,K.S. Shukla ed.)Indira Rothern und, “Patterns of Trade Union Leadership in Dhanbad Coal fields” 23J.I.L.I 522 (1981)12

LL.M. SEMESTER-IILEGAL REGULATION OF ECONOMIC ENTERPRISESElective Course LME114Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjectives of the subjectAfter independence we have placed greater emphasis on the growth of our economy. Thefocus is on growth, both in public and private sectors, so as to cope up with the problemsof population explosion. We have found that there is now almost a circle from laissezfaire to welfare state and again back to laissez faire. Adoption of the concept of globaleconomy in the presence of the socialistic perspectives in the Constitution presents adilemma. The trends of liberalization starting in the early nineties and continuing to thisday bring a shift in focus of regulation in diverse fields of economic activities. Thiscourse is designed to acquaint the students of the ecologic perspectives and implicationsof such developments.UNIT-I1. The Rationale of Government Regulation1.1. Constitutional perspectives1.2. The new economic policy - Industrial policy resolutions, declarations andstatements1.3. The place of public, small scale, co-operative, corporate, private and jointsectors -in theChanging context1.4. Regulation of economic activities1.4.1. Disclosure of information1.4.2. Fairness in competition1.4.3. Emphasis on consumerismUNIT-II2. Development and Regulation of Industries3. Take-over of Management and Control of Industrial Units4. Sick Undertakings: Nationalization or Winding Up?5. Licensing Policy and Legal Process - Growing Trends of Liberalization6. Deregulation of essential commodities: developmental sign or a social mishapUNIT-III13

7. Financial Services: Changing Techniques of Regulation8. Critical Issues Regarding the Capital Issues8.1. Equity and debt finance8.2. Global depositories8.3. De-materialized securities9. Problems of Control and Accountability: Regulation of Hazardous Activity9.1. Mass disaster and environmental degradation: legal liability and legalremedies9.2. Public Liability Insurance: adequacy9.3. Issues in zoning and location of industrial unitsUNIT-IV10. Special Aspects of Legal Regulation of Select Public Enterprises like publicenterprises for transport, mining and energy.10.1. Telecom Regulatory Authority10.2. Insurance Regulatory Authority10.3. Broadcasting Regulatory AuthorityUNIT-V11. Legal Regulation of Multi-Nationals11.1. Collaboration agreements for technology transfer11.2. Development and regulation of foreign investments11.2.1. Investment in India: FDIs and NRIs11.2.2. Investment abroadSELECT BIBLIOGRAPHYS. Aswani Kumar, the Law of Indian Trade Mark (2001), Commercial Law House, DelhiIndustrial Policy Resolutions of 1948, 1956, 1991Industrial Licensing Policy 1970, 1975Industrial Policy Statements 1973, 1977, 1980Reports of Committees on Public Undertakings of ParliamentIndustries (Development and Regulation) Act, 1951U. Baxi (Ed.) Inconvenient Forum and Convenient Catastrophe the Bhopal Case, (1986)U. Baxi & T. Paul(Eds)Mass Disasters and Multinational Liability (1986)U. Baxi & A. Dhandba, Valiant Victims and Lethal Litigation: The Bhopal Case (1989)Indian Law Institute, Law of international Trade Transactions, (1973)14

LL.M. SEMESTER-IIGROUP-G CONSTITUTION AND EGAL ORDERPUBLIC UTILITIES LAWElective Course LME115Credit 04Continuous Evaluation 40 marksTerm End Examination 60 marksObjective of the coursePublic utilities are government monopolies, which are services rather than commercialenterprises. The law of public utilities is contained in the statues of incorporation andjudicial decisions given by courts while resolving disputes between the utilities and theirconsumers or employees or traders or others entering into business relations with them. Inthis paper a student will study (a) government policy in regard to such utilities in generaland to each utility in particular, (b) the growth and evolution of the public utilities; (c)patters of the laws of incorporation and (d) powers, functions and liabilities of the publicutilities vis-à-vis their employees, consumers and others.The following syllabus

1996 Bharat Law House Publication. d) Badjatya : Model object Clause of Memorandum of Association of a Company, 1995 Ed. Orient Publishing co. e) Ramaiya : Guide to the companies Act- (1998 ) f) Boyle and Birds - Company Law 3rd Edn. 1997 Universal Law Publishing Co.Pvt. Ltd. g) J.H. Farrar and B.M. Hanniyan, Farrar's Company Law (1998) Butterworths h) Altman and subrahmanyan - Recent Advances .

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