MBL Started in the Year 1994 – 95
Distance Learning is not very old in India. Initially it was the method of learning introduced by various specialized agencies namely, Institution of Chartered Accountants of India, Institution of Company Secretaryship, Institution of Cost and Works Accountants of India, Institution of Engineers and many others. In the avenue of formal education, distance education methodology became popular in India with the advent of Indira Gandhi National Open University in 1985. With the technological advancement, the distance education mode has gained popular acceptability in developing countries, though the efficacy of learning in distance education mode depends upon the communication technology. With more and more people interested in higher learning in the non-formal set up, distance education mode is bound to become more and more popular. Distance education has several advantages such as:
However on account of some inherent disadvantages, advanced countries like U.S.A. have not yet come forward in a big way in promoting distance education mode. Its main disadvantage is that, as a high-tech tool of education, it requires higher initial investments for countrywide classrooms through television and telecommunication links, preparation of high grade reading materials and above all, absence teacher.
The National Law School of India University, intentionally, with a long term vision, has introduced programme of Master’s Degree in Business Laws through distance education mode. With attempts towards globalising the Indian economy and consequent integration of business, trade, commerce and industries, national standards, both substantive and procedural laws, are conditioned by international agreements and conventions. People who are in trade, commerce, industries and business both in public and private sectors, require appropriate legal knowledge for use in their decision-making process.
The seed of litigation is sown in the process of decision-making. Therefore, at the basic level of decision making itself, the decision makers have got to be on the right side of law and use law as an instrument of policy making to ensure minimum litigation.
In order to use law as a management tool, all players must have complete information at their command. This course, which is popularly known as M.B.L. is particularly tailored for the lower, medium and higher level managers to acquire better skills and capability for better decisions. In a changing technological and business environment, this clear vision propelled the faculty of National Law School of India University to design this course in a way to benefit all persons engaged in trade, commerce, industries and business, both in private or public sectors. The overwhelming response for enrollment in the course of last ten batches is testimony to the great importance of the course. This does not in any way make the National Law School of India University complacent and it is very much aware of the constraints. The provision for electronic media is an area which requires immediate attention. The distance education department is aware of the prospects and limitations of adopting electronic media, as an additional tool of teaching technique. Hopefully, in the next 2 or 3 years it might become possible for the National Law School of India University to acquire and use some of the modern techniques of distance education progressively.
The subjects prescribed for each of the two years of the Degree course shall be as follows:
PAPER - 1.1: LAW CONTRACT
This module attempts to give an overview of the nature of contractual obligations and its significance in a commercial and industrial society. Essential of Contract, types, terms, quasi contractual formation, Government contracts, contracts by auction and tenders are discussed in detail. A thorough examination of the norms relating to the formation of various types of contract is described. With detailed illustrations and case law examples, the reader is provided with an opportunity to analyse the law relating to contractual transaction. From oral contracts to paper contract to e-contracts, the module describes the growth of contract law in India.
Genesis of Contract - Introduction, Early history of Contract Law, Contract as a method of creating new rights, How is a contract made, Definitions; Contract: How to make - Introduction, Proposal, Acceptance, Where is the contract made?, Proposal and acceptance in three forms, Types of Agreement, Contract-A final comment; Types of Contract – Basis of parties, basis of time, basis of function, basis of nature, standard form of contract; Terms of a Contract – Introduction, Terms of Representation, Test of Contractual Intention, Conditions and Warranties, Implied Terms, Construction of Terms, Exception Clauses; Contract in the Changing Society – Introduction, Essential assumptions in a contract, Critical review of assumptions, conditions in the changing society, concluding remarks; Formation of a control through Tenders – Nature and commencement of Tenders, Corrigendum, Addendum & Tender Notice, What is a ‘TENDER’?, Completion of Contract in case of Tenders, Requirement of unconditional acceptance, Whether a person can refuse to perform his duties obligated by a tender, Withdrawal
Essential conditions of a valid contract – Introduction, Essential elements of a contract, Intention to create legal relations; Capacity – What is capacity? Physical incapacity, Mental Incapacity, Legal Incapacity; Consideration – A definitional understanding, Why consideration? The theoretical base, No consideration non Contract, Adequacy of consideration, Third party role in consideration, Past consideration, Promissory Estoppel
Free Consent: Meaning and Dimension - Introduction, Free Consent: scope and ambit, Consequences of the absence of free consent; Coercion – Definition, Distinguished from duress, Subjective and objective elements in coercion, Burden of proof, Ex-territoriality; Undue Influence – Definition, Undue Influence vis-à-vis coercion, Essential elements, burden of Proof; Fraud – Definition and essential elements, Constituent elements of fraud; Misrepresentation – Misrepresentation in Common Law, Indian Law on Misrepresentation; Mistake – Mistake in Common Law, Mistake in Indian Law, Mistake in Indian Law, Mistake of both the parties, Mistake of fact and law, Mistake of essential fact; Role of Public Policy in Contracts – Introductory note, Application of public policy principles to contracts, Agreement void on account of public policy; Void Agreements – Introductory Note, Grounds of Void agreement, Uncertain agreement;
Government Contract - Introduction, Scope and extent of Article 299 under the constitution of India on Government Contracts, Feasibility of Implied contracts with the Government, Personal Liability in Government Contract; Quasi Contract – Theoretical Foundation, Indian Instances, Concluding Remark
Discharge of Contract at a Glance - Introduction, A flow Chart, Types of Contract; Discharge by Performance – Introduction, Persons obliged to perform, Persons entitled to claim performance, Time and place of performance, Appropriation of payment, Tender of performance; Discharge by Agreement – Introduction, Novation, Rescission and alteration, Remission; Impossibility of Performance – Introduction, General Principles of Frustration, Grounds of Frustration, Limitations of the doctrine of Frustration
Breach of Contract – Introduction, Forms of Breach of Contract, Renunciation or Repudiation, Anticipatory Breach, Restitution, Actual Breach or Breach when Performance Due or During Performance; Consequences of Breach – General Principles, A Flow Chart, Remedies of Breach – Introduction, Contractual remedy, Common Law and Statutory remedy, Equitable remedy
Introduction; Contract of Indemnity - Definition & meaning, Nature, Distinction: English and Indian Law, Validity of indemnity agreement, Contract when enforceable? Rights of indemnity holder, Rights of promisor, Contract of Insurance as a Contract of indemnity; Contract of Guarantee – Definition and Meaning, Distinction between Indemnity and Guarantee, Essentials of a contract of guarantee, Kinds of guarantee, Rights of a surety, Liability of surety, Discharge of surety; Contract of Bailment - Introduction, Definition, Essential features, Bailor’s Duties, Duty of Bailee, Rights of Bailee, Duty of Finder, Rights of Finder; Pledge & Hypothecation – Introduction, Essential features, Subject matter of pledge, Distinction: Pledge, Hypothecation, Bailment, Lien and Mortgage, Who can pledge?, Termination of pledge?, Rights of pledgee/pawnee, Rights of pledger/pawnor, Additional right of the hypothecate; Leasing & Hire Purchase – Leasing agreement – Nature and meaning, Rights and duties of the Lessor and the Lessee, Hire Purchase agreement – Nature and Meaning, Distinction between Hire Purchase, Installment purchase agreement and Lease, Rights & duties of Hire – Purchaser and Hire vendor; Carrier – Introduction, Overview of Law of Carriage – Land, Air & Sea;
Why are Digital Goods Different?, Unfair terms in E-contract, Information Technology (IT) Act, 2000 and E-Contract, E-Commerce and Indian Evidence Act
1. Anson, William Reynell, Law of Contract, Oxford University Press, Oxford, 29th Ed. 2010.
2. Bhat, Sairam, Law of business contracts in India, Sage Publications, New Delhi, 2009.
3. Rao, Joga S V, Case book on Special Contracts, NLSIU Publication, Bengaluru, 1991.
4. Mulla, D F, The Indian Contract Act, Lexis Nexis/Butterworths, Nagpur, 13th Ed. 2011.
5. Pollock & Mulla, Indian Contract and Specific Relief Acts (In 3 Volumes), LexisNexis Butterworths Wadhwa, Nagpur, 14th Ed, 2012.
6. Singh, Avtar, Law of contract and specific relief, Eastern Book Co., Lucknow, 10th Ed. 2010.
1. George, Neelam, “ABC of contract” Taxman, 2002, 9th Mar. Vol.121, No. 02, Page. 198 – 200.
2. Mitra, Yashojit, “Effect of Section 28 of the Contract Act, 1872 on agreements restricting the time period statutorily provided for the enforcement of a right”, All India Reporter, 2002, September, No. 09, Page. 282 – 289.
3. Muricken, Pauly Mathew, “Fairness in government contracts”, All India Reporter, 2004, March, No. 03, Page. 77 – 80.
4. Sankhyan, Amar Singh, “Study of Dimensions of Principle of Frustration in Indian Contract Law System”, Journal of the Indian LawInstitute, 1995, October, Vol. 37, No. 04, Page. 443 – 456.
5. Shah, Vinod K, “Contract under the Information Technology Act 2000”, SEBI and Corporate Laws, 2002, 27th May, Vol. 37, No. 04, Page. 77– 80.
PAPER 1.2: BANKING LAW
“Times change and we with time” – the old order has changed yielding place to new, and we must have new need for the new hour. Railways, steamships, posts, telegraphs, telephones, aviation, television and other innovations of the modern era including the evolution of atomic energy, are playing their due part in this struggle in India as elsewhere. One of the important quarters, into which the rays of the new light have penetrated, is the sphere of banking.
In the recent times, the study of Banking Law for the student interested to specialize in ‘commercial laws’ has become imperative, as banking law is a major part of law merchant. The focal point of banking law has changed, especially in India, as the complexion of banking sector over a period of time.
It is always stated that, the entire body of Indian Banking Law is modeled on English Banking Law and practice, although it is not true in it’s entirely. Recently the Indian courts have not hesitated to deviate from the English rules and principles of law to be applied to the banks. The traditional study of banking law heavily concentrates upon ‘banking transactions’ mainly. It means the relationship between ‘bankers’ and ‘customer’ was the major aspect was always concentrated more than anything else. But today a course in Banking Law should concentrate to a great extent upon ‘regulating banking institutions’ – especially after the growth of private banking companies in India. Subsequent to the ‘Narishman Committee Report’ there is tremendous growth in the banking sector and the scenario has undergone complete paradigm shift, the present course attempts to examine both (i) the historical growth of banking sector in India (against the back drop of the economic development of course); and (ii) the way the banking institutions are regulated.
However, it must be noted that, the present course is not sans the traditional aspects of evaluating the banker and customer relationship, which is natural extension of the basic principles of contract law, tort law, property law, company law etc.
MODULE I – UNDERSTANDING THE CONTEXT
Before starting the formal study of banking law one shall naturally understand the context in which the same is to be studied. Therefore in the inaugural module the student is introduced to the overall environment of ‘money market’ and the role of ‘banks’ as one of the major players therein. However, micro level developments are not considered here, keeping in mind the constraint of time and major focus area. The following are the break-up details.
Structure and Functions of Commercial Banks and Financial Institutions
Evolution of Banking and its history in India; The role of Banking Institutions in the socio-economic development of the country – Advances to priority sectors and credit guarantee schemes; The structure of banking institutions – the different types of Banks viz. Central Bank, Commercial Banks, Cooperative Banks, Specialized Banks, Regional Rural Banks (RRBs), Financial Institutions and their respective functions – an overview; National Bank of Agriculture and Rural Development;
MODULE II – ‘CENTRAL BANK’ & ITS ROLE
As stated briefly in the introduction, the ‘traditional’ banking law in India heavily leaned upon examining the legal relationship between ‘banker’ and his ‘customer’. But after the entry of private banking companies the entire complexion (especially in India) of the banking sector has changed; and the rules of the game as well. It is absolute imperative to ‘regulate the banking institutions’ more than ever. The Central Bank (viz. The Reserve Bank of India) is the major institution responsible for the regulating the banking institutions and maintains stability of the Indian economy. In this module the student is given deeper understanding about – (i) the enhanced need for regulating banks in any given economy; and (ii) the various strategies adopted for the same along with the enabling legal environment for the same. The micro details of the said module are as follows –
Reserve Bank of India – Introduction to the Indian ‘central bank’
Central Banking – the role of central banking; The organizational structure of the RBI; Major functions of the RBI and the enabling legal environment; Bank of issue; Banker to the government; Banker’s bank; Lender of the last resort; Bank rate – monetary policy formulation and control CRR – SLR; Custodian of foreign exchange and foreign exchange control Other promotional functions;
MODULE III – REGULATING BANKS
There is an elaborate framework for regulation and supervision of the business of banking in India. This is in addition to exclusive deliberation of law as to the things which a banking company can ‘do’ or ‘not’. The regulatory powers are vested in the Reserve Bank of India (as underlined in the module two) and the Central Government under both the Reserve Bank of India Act, 1934 and the Banking Regulation Act, 1949. The dynamics of ‘regulating the banking business in India’ is the focal point of this module. The details of the said module are printed below.
Law of Banking Regulations
Social control of banking institutions and the mechanism thereto; Licensing of banking activities; Minimum paid up capital, reserves, liquid assets, requirements, etc.; Restrictions on loans and advances; Regulation and control over the managerial organs and other agencies of commercial banks; Control over amalgamation and schemes of reconstruction; Control over accounts and audit; Other powers of RBI and Central Government; Winding-up of banking companies. Regulatory norms and NBFCs (Non-Banking Financial Companies);
MODULE IV – LAW OF NEGOTIABLE INSTRUMENTS
It is universally recognized that ‘negotiable instruments form the axis on which the wheels of commerce revolve’. The negotiable instruments are the most widely accepted form of ‘securitization’. Although negotiable instruments are widely used by all sections of people, the knowledge of the same is absolutely important for a ‘banker’, as he deals with these instruments on daily basis, so is to the student of a banking law. This module introduces the student to the logistics of negotiable instruments in depth. The details of it are as follows –
Negotiable Instruments: Law and Procedure I
Legal aspects of negotiable instruments in general; Special features of promissory notes; Bills of exchange, hundis, cheques, bank drafts, traveler’s cheques; Rights and duties of various parties to these instruments; Law and procedure of presentment; Honor and dishonor of negotiable instruments; Material alterations; Noting protesting.
Negotiable Instruments: Law and Procedure II
Crossing of cheques, criminal liability on dishonor of cheques; Law relating to foreign bills etc.; Noting and protesting; Law relating to payment of customer’s cheques; Rights and duties of paying banker and a collecting banker; Paying banker – honoring of customer’s cheques – overdraft agreements – consequences of wrongful dishonor – when dishonor permissible; Stale cheques – statutory protection of the banker; Payments in due course; Material alteration; Forgery of customer’s cheques; Negligence of parties and consequences; Collecting banker – legal position – whether agent or holder in due course – precaution to be taken – collection of bills – cheques for customer and for third parties – scope of statutory protection; Effect of negligence of parties.
MODULE V – BANKER AND CUSTOMER
The banker and customer relation has developed jurisprudence based upon litigations having a long-standing history. In the classical concept of banking, a banker is the custodian of the deposits made by the customers. The Common Law courts describe the relation as a debtor-creditor one. Of course in the nineteenth century with the development of equity to be fused with law the role of a banker as a trustee of the customer’s fund has also been emphasized in certain situations. However, once the customer deposits the money into the bank account the banker becomes the owner of that money, which lays down the foundation for the entire banking activities afterwards. The essence, in short, of banker customer relation is based on mutual trust and faith but the relation begins with trust and in many cases ends up with litigations. This module dissects the ever-fascinating relationship of banker and customer from the legal perspective. The micro details are as follows –
Banker and Customer Relationship;
Legal nature of banker-customer relationship and their mutual rights and duties; Special categories of customers, such as corporations, partnership firms, Hindu joint families, unincorporated bodies, trusts, joint account holders, minors, nominee accounts, liquidated mercantile agents, non-resident Indians, foreigners, -- legal incidence of each; Different types of accounts such as current accounts, savings bank account and fixed deposits; Other transactions between banker and customer such as safe deposit vaults, financial advice, letters of introduction and other services rendered by banks; Special features of the relationship between banker and customer – their mutual rights and duties; Lien – power to combine different accounts; Secrecy of accounts; Pass books and entries therein
Loans and Advances
State policy on loans and advances; Priority sector advances and socio-economic polities; Self-employment schemes, DRI, IDRP; Women entrepreneurs; Small scale industries; Agricultural finance, export finance etc.; How the banker profitably uses the fund? Call loans and loans repayable at short notice; Loans and advances; Overdrafts; Legal control over bank’s deployment of funds;
Securities for Banker’s Loans
Guarantees, pledge, lien, mortgage, charge – subject matters of collateral security- Corporate securities; Documents of title to goods; Land and buildings; Book debts; Life policies; Factoring; Bill discounting; Bank guarantees; Letters of credit; Commercial papers (legal and practical issues involved in each type of security will be discussed)
MODULE VI – OTHER BANKING RELATED LAWS
To protect the interest of banker (especially from endless litigation, as it happens many times) there are certain dedicated statutes passed. This module scans the Indian scene for such important legislation and exposes the student to various vital details of the same. The following are the micro details in this regard –
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI ACT]
Introduction to SARFAESI Act, 2002; Definitions at SARFAESI Act, 2002; Regulation of Securitization and Reconstruction of Financial Assets of Banks and Financial Institutions; Enforcement of Security Interest; Central Registry; Offences and Penalties; Miscellaneous Provisions.
The Banking Ombudsman Scheme, 2002
Purpose, Extent, Definitions, Establishment and Powers; Procedure for Redressal of Grievance; Arbitration and Conciliation Procedure.
Recovery of Debts due to Banks and Financial Institutions Act, 1993 [DRT ACT]
Preliminary; Establishment of Tribunal and Appellate Tribunal; Jurisdiction, Powers and Authority of Tribunals; Procedure of Tribunals; Recovery of Debts Determined by Tribunal and Miscellaneous Provisions.
The Banker’s Book Evidence Act, 1891
PAPER - 1.3: CORPORATE LAW
PAPER 1.4: INDUSTRIAL RELATIONS LAW
PAPER - 1.5: ENVIRONMENTAL LAW
Introduction, Pollution Control Policy, Goals of Environmental Policy, History of Environmental Protection Policy of the Government of India, Pre Stockholm Period, Stockholm Conference, 1972 up to 11th Year Plan (2007-12), Comprehensive Environmental Policies in Post Independent India, The Policy Statement for Abatement of Pollution, 1972, National Conservation Strategy & Policy Statement on Environment and Development, 1992, EAP(Environmental Action Programme) 1993, National Environmental Policy, (2006), National Action Plan on Climate Change (NAPCC) 2008, Prime Minister Council on Climate Change 2014, Expert group on Low Carbon Strategies of Inclusive growth 2014 (final report), State Action Plans on Climate Change (SAPCC), Auto Fuel Vision and Policy 2025, India’s Action plan on Reducing Carbon Emissions from Civil Aviation, Indian Network for Climate Change Assessment 2009, Pollution Control under Constitutional Law, Common Law and Criminal Law, Constitutional Law, Common Law, Nuisance, Trespass, Negligence, Strict liability, Absolute Liability, Available Remedies under Common Law; Damages, Injunction, Criminal Law, Environment Specific Legislations–An Overview (Water Act, 1972, Air Act, 1981, Environmental Protection Act, 1986, The Factories Act 1948 as amended, The Water (Protection and Control of Pollution) Act, 1974, The Water (Prevention and Control of Pollution) CESS Act, 1972, The Air (Prevention and Control of Pollution) Act of 1981, The Mines and Minerals (Regulation and Development) Act of 1957, The Environmental Protection Act,1986, The Factories Act, 1948 as amended in 1987, The Atomic Energy Act, 1962, The PLI Act,199, The National Green Tribunal (NGT) Act, 2010, Water & Air Pollution–Causes & Consequences, Water Pollution, Sources of Water Pollution, Air pollution, Sources of Air Pollution, Specific Legislations relating to Water Pollution, Water (Control & Prevention of Pollution) Act, 1974, The Water Cess (Prevention & Control of Pollution) Act, 1977, Specific Legislations for Air Pollution Control, Statutory Control under Earlier Statutes, The Air (Pollution Prevention and Control of Pollution) Act, 1981,Environment Protection Act, 1986, Noise Pollution, Sources, Causes and Effects of Noise Pollution, Noise Pollution Vis-à-vis Fundamental Rights, Law relevant to the Noise Pollution, Waste Management Rules, The Bio-Medical Waste Management Rules, 2016, Construction and Demolition Waste Management Rules, 2016, Hazardous and other Wastes (Management and Transboundary Movement) Rules, 2016, Sold Waste Management Rules 2016, E-Waste (Management) Rules, 2016, E-Waste (Management) Rules, 2018, Plastic Waste Management Rules, 2016, Draft E Waste (Management & Handling) Rules, 2010, Some Judicial Responses to Air, Water & Noise Pollution—A Brief Overview The Other side of the Environmental Law & Policy in India, Let Us Sum Up, Answers to Check Your Progress, Key Words, Terminal Questions.
Module 3 Understanding Biodiversity Law
Objectives, Introduction, International Law relating to Biodiversity, Early Responses Prior to Convention on Biodiversity, 1992, Convention on International Trade in Endangered Species (CITES), 1973, RAMSAR Convention, 1971, World Heritage Convention, 1972, International Tropical Timber Agreement, 1983, Convention on Biological Diversity (CBD) 1992, Indian Law Relevant to Biodiversity Protection, Policy and Law relating to Forest Management, Pre Legislative Situation - Forests, Wildlife and Wetland - A Brief Statement,Indian Forest Policy, 1952,Forest Conservation Act, 1980,National Forest Policy 1988, The Scheduled Tribes and other Traditional Forest Rights (Recognition & Forest Rights) Act,2006, Policy and Law relating to Wild Life Protection, Wildlife Protection Act, 1972 (NWAP), The National Wildlife Action Plan, 2002-16, National Wildlife Action Plan 2017-31, Prevention of Cruelty to Animals (Regulation of Livestock Market) Rules, 2017,Biodiversity Act, 2002, Biodiversity & Intellectual Property Rights, TRIPS & CBD Dynamics, Conflict of Rationale, origins and overall Framework, National Sovereignty vs. Rights of IPR holders, Community Rights vs. Private, Individual Rights, Prior Informed consent of States and Communities vs. Unilateral Patent, Benefit Sharing Arrangements, Patents on Life, Agro Biodiversity, Farmers & IPRs–Few legal Responses, The International Understanding on Plant Genetic Resources. (IU), Treaty on Plant Genetic Resources for Food and Agriculture (PGRFA) 2001, The International Convention for the Protection of New Varieties of Plants (UPOV),Seeds Bill,2011, Biotechnology & Protection of Biodiversity, The Cartegena Protocol on Bio Safety, 2000, National Biodiversity Action Plan 2008 (NBAP),National Biodiversity Action Plan 2014 - Addendum to 2008, Access to India’s Biodiversity and Sharing Its Benefits Regulations (ABS) 2014, Let Us Sum Up, Answers to Check your Progress, Key Words, Terminal Questions.
Module 4 Land Laws
Objectives,Introduction, Poverty and Social Change, Agricultural Policies,The General Legal Scenario, The Debates on Land in the Constituent Assembly, Land Reforms and Relevant Legislations, Abolition of Intermediary Relation on Land,Imposition of Land Ceiling And Redistribution of Surplus Land 4.3.3 The Karnataka Land Reform Act 1974, Land Acquisition, Law, Policy and Practice, Main Features of The Land Acquisition Act, The Right to object, Land Use and Zoning Laws, Urban Land Use, Zoning and Town Planning,Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitationand Resettlement Act, 2013, Public Trust Doctrine and Land Use, Public Trust Doctrine, Varieties of Zoning, Special Economic Zones Act 2005, SEZs in India, Salient Features of the Special Economic Zones Act 2005,Special Economic Zone (Amendment) Rules, 2013, Effects of Zoning, Role of Zoning in Urban Planning, Coastal Zone Management, Laws Relevant for Coastal Management, Coastal Regulatin Zones Notification, 1991, Environmental Pollution and Land Degradation, Agenda 21-the Significance of the Earth Summitt, Harmful Effects of Modern Agriculture,Impact of Extensive v. Intensive Cultivation,Soil Erosion,Result of Soil Erosion,Current Response,Land Degradation,Land Salinization,Effects of Land Salinization,Soil Acidification,Water Logging of Soils,Land Contamination/pollution and Legal Control,Laws and Conventions Dealing with Land Degradation,Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016,Bio-medical Waste Management Rules, 2016,Municipal Solid Waste (Management & Handing) Rules, 2016,Commercial Aquaculture,Chemicalisation: The Insecticides Act 1968,The Insecticides (Second Amendment) Rules, 2014,Protection of Forests and Tribal Lands,The Fifth Schedule in the Constitution of India,The Constitution and the 73rd Amendment,Panchayats Extension to Scheduled Areas Act, 1996,Forest Protection,Forest Policies,Forest Legislations,Draft National Forest Policy, 2016, The Scheduled Tribes and Other Forest Dwellers (recognition Of Rights)Act, 2006,Wet Land Conservation and Management in India,Draft Wetlands (Conservation and Management) Rules, 2016, Critical Appraisal, Let Us Sum Up,Answers to Check Your Progress, Key Words, Terminal Questions.
Objectives, Introduction, Industrial disasters and environmental concerns, Environmental Policy and Industry in India, Earlier responses, Policy and Legislation since the mid 1970s,Legislative and Administrative Governance- An Overview,Environmental Impact Assessment & Environmental Clearance (EC), Specific Legislative Responses relating to Hazardous Industries, The Factories Act, 1948, Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, The Manufacturing, Storage and Import of Hazardous Chemicals Rules, 1989(amended in 1994), Public Liability Insurance Act, 1991,Enviornmental Impact Assessment notification, 2006,Enviornmental Aspect of the Civil Liability for Nuclear Damage Act, 2010, Adjudicatory Mechanism The National Green Tribunal Act, 2010, Interface between Industries, Economic Development and Environmental Protection—Judicial Approach,Industries and Energy, TheBoiler (Amendment) Act, 2007, The Bureau of Indian Standard Act, 1986,The Coal Mines (Conservation and Development) Act, 1974, The Electricity (Supply) Act, 2003, The Industries (Development and Regulation) Act, 1951, Energy (Amendment) Conservation Act, 2010, Industrial Siting, Zoning Atlas, Environmental Guidelines for Industries, Areas to be avoided,Siting Criteria.
PAPER - 2.1: INVESTMENT LAW
PAPER - 2.2: LAW OF INSURANCE
Module 1: GENERAL PRINCIPLES OF INSURANCE CONTRACT - Introduction to law of Insurance- Contract of Insurance legal Issues-Risk in Insurance contract-Risk Management- Insurable Interest-Insurance Contract.
Module 2: Introduction to Life Insurance Contract - Agency function in Life Insurance-Formation of Life Insurance Contract- The Policy-Risk in Life Insurance-Assignment and Nomination-Persons Entitled to Payment-Settlement of Claims- Role of Life Insurance Corporation-Tax Law Implications.
Module 3: Introduction-History of Fire Insurance-Nature of a Contract of ‘Fire Insurance-Formation of a Contract of Fire Insurance-Risk in a Contract of Fire Insurance-Claims and Recovery under a Fire Policy Doctrine Applicable to Fire Insurance Contract- Assignment of a Policy of Fire Insurance.
Module 4: MARINE INSURANCE - Nature of Contract-Slip In Marine Insurance-Indemnity and Consideration-Classification of Marine Policies -The Voyage- Deviation - The Perils of the Sea-Proof of Loss-Burden of Proof of Loss- Proof of loss by Perils of the Seas-Measure of Indemnity-Contract of Utmost Good Faith- Insurable Interest-Cargo Interests-Hull Interests-Assignment - Warranties-Loss and Abandonment-Perils of the seas and the Proximate Cause Doctrine- Peril Insured Against-The Classification of Loss-Salvage Charges - Marie Time Frauds
Module 6 : THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY ACT, 1999, INSURANCE OMBUDSMAN AND CONSUMER PROTECTION ACT, 1986 - IRDA-Introduction to IRDA-Powers and functions of IRDA. Powers of Central Government to issue directions- Establishment of Insurance Advisory Committee-Applications of other laws not barred- Policyholders’ Servicing; INSURANCE OMBUDSMAN-Governing Body of Insurance Council-Appointment of Insurance Ombudsman-Eligibility- Territorial jurisdiction of Ombudsman- Manner of lodging complaint-Award; THE CONSUMER PROTECTION ACT, 1986.
PAPER - 2.3: LAW RELATING TO INTERNATIONAL COMMERCIAL TRANSACTIONS
PAPER - 2.4: INTELLECTUAL PROPERTY LAWS
Introduction; Objectives, Introduction to Property; Theories on Concept of Property/IP: The Liberal view, Socialist View, The Marxian View, John Locke’s ‘Labour Theory, Occupation Theory, Personality Theory, Tragedy of commons-Garrett Hardin [William Forster Lloyd 1832]; Classification of Property; Intellectual Property Rights- Meaning and importance; Kinds of IPR: Distinguishing Features- Patents, Copyrights and Neighbouring Rights, Trade and Service Marks, Designs, Geographical Indications, Lay-Out designs for Integrated Circuits; Self-Evaluation Questions.
Objective, Introduction, World Intellectual Property Organisation; Treaties Administered: The Paris Convention for the Protection of Industrial Property (1883), The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), Berne Convention for the Protection of Literary and Artistic works, 1886, Rome Convention, 1961, Brussels Convention Relating to the Distribution of Programme -Carrying Signals Transmitted by Satellite (1974), Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891) , Nairobi Treaty on the Protection of the Olympic Symbol (1981) WIPO Copyright Treaty [WCT], The WIPO Performances and Phonograms Treaty (WPPT) (1996), The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958), The Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to that Agreement (1989), The Patent Cooperation Treaty (PCT) (1970), Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), Strasbourg Agreement Concerning the International Patent Classification (1971,) Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973)- World Trade Organisation: Treaties Administered, Trade Related Aspects of Intellectual Property Rights (TRIPS) UNESCO, Treaties Administered: One important Intellectual property Treaty that is administered by UNESCO is the Universal Copyright Convention; UPOV : Treaties Administered, UPOV – INTERNATIONAL CONVENTION FOR THE PROTECTION Of NEW VARIETIES Of PLANTS-- ACT OF 1991, Food and Agriculture Organization: Treaties Administered, International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGR). OTHER INTERNATIONAL/REGIONAL TREATIES; Convention on Bio-diversity 1992
Law of copyrights- Copyright Defined, Nature of Protection, Evolution of Copyright Law, Position in UK, Position in USA, Position in India; Basic concepts under Copyright Act- Basis of copyright protection, Underlying concepts, Idea-expression dichotomy, ORIGINALITY/CREATIVITY, FIXATION, TERM OF COPYRIGHT PROTECTION- Categories of copyrightable works / SUBJECT MATTER OF COPYRIGHT - Literary works, Dramatic works, Musical works, Artistic works, Sound recording, Cinematographic film; AUTHORSHIP AND OWNERSHIP OF COPYRIGHT IN A WORK - AN AUTHOR, FIRST OWNER OF COPYRIGHT, Contract of service and contract for service; Rights of the copyright owner - Rights in Literary works, dramatic works and musical works, Rights in Artistic works, Rights in Cinematograph film, Rights in Sound recording, Co-existence of Rights; MORAL RIGHTS OR DROIT MORAL - Right of authorship or paternity rights, Rights against distortion or mutilation of the original works or integrity rights; LICENCE AND ASSIGNMENT - License, Assignment, Acquisition of copyright- COMPULSORY LICENSE & STATUTORY LICENSE, Copyright Act 1957, Compulsory license provisions in International Conventions, Statutory Licenses; Technological Protection Measures; Rights of performers & broadcasting organization, Performers Rights; Infringement of copyright - Introduction, Essentials of Infringement, FACTS TO BE ESTABLISHED BY PLAINTIFF IN CASE OF INFRINGEMENT, TESTS FOR INFRINGEMENT, ABSTRACTION TEST, PATTERN TEST, Total concept and feel test-ordinary observer test, Infringement of copyright in Computer Program, Defences against infringement- Fair Use, Rationale for fair use, International Regime, TRIPS Agreement – Three Step Test, The Berne Convention, An overview of CRA, Computer programme, Fair dealing: Section 52 of Indian Copyright Act 1957, News, Current event reporting, Educational, Research, Library uses, Judicial proceedings/ Legislative Texts, In case of computer program, In making Adaptation/Translation / derivative works, Private Use, The following is stated for public display of artistic works, Use by the Author, Festivals / Religious or official Ceremonies, Other Justified Pubic Fair Uses are as follows, Technical Drawing, Facilitating the persons with Disability; Remedies for infringement- Civil remedies, Criminal remedies; COPYRIGHT ON WEB DOCUMENTS AND SOFTWARE, SOFTWARE LICENSING PRACTICES, COPYLEFT, OPEN GENERAL LICENSE, Introduction, Digitisation, Copyright and Internet, Linking, Caching.
DEVELOPMENT OF LAW OF PATENTS- What is Patent, Justification for the Patent System, Evolution of Patent Law in England, Evolution of Patent Law in India, Need for a Patent System; PATENTABILITY REQUIREMENTS- Introduction, Patentability Requirements: Patentable Subject Matter, The exclusions or non-patentable inventions (Sections 3 & 4 of The Patents Act, 1970) in India are, European Patent Convention, Position in US; NOVELTY- The Test for Novelty, True and First Inventor, Novelty is an essential Pre-condition for Patent, Prior Publication, Prior Specification, Prior Use, Public use, Sale of Product produced by Secret Methods, Secret Use; PRIOR ART- The Novelty determination is either ‘absolute’ or ‘relative’. Prior Publication, Exceptions to anticipation by prior publication, Anticipation by public knowledge and public use, Anticipation by public display, Anticipation by sale, Relevant Cases; UTILITY/INDUSTRIAL APPLICABILITY- Utility, Meaning of Utility, Commercial Success not Necessary, Amount of Utility;
NON-OBVIOUSNESS/INVENTIVE STEP- Test for Inventive Step, The Inventive Step requirement – In Europe, The Inventive Step requirements – In UK, The test for determining Non-obviousness, Relevant Cases; CASES PERTAINING TO MODULE ON PATENTIBILITY REQUIREMENTS-Patenting of Computer Programmes, Exclusion on grounds of Public Order or Morality, Exclusion of Medial Methods, Inventive step or non-obviousness: PROCEDURE FOR OBTAINING PATENT-INDIA- Filing, Application may be provisional or complete, Provisional application, Complete Application, Request for Examination (RFE), Publication, Examination, Putting application in order for grant, Opposition- Pre Grant and Post Grant, Pre Grant Representation, Patent Grant, Post Grant opposition, Registration and Renewal Fee Payment; INTELLECTUAL PROPERTY APPELLATE BOARD PATENT REVOCATION PROCEDURE OBTAINING PATENT – European Patent Office (EPO), Process of Acquiring A European Patent, Filing, Publication, Search, Examination, Grant; INFRINGEMENT OF PATENTS, FREEDOM TO OPERATE, DEFENSES FOR INFRINGEMENT ACTION & REMEDIES, INFRINGEMENT OF PATENTS - Rights of the Patentee, Term of Patent, Infringement, Direct Infringement, Literal Infringement, Equivalence Infringement, Indirect Infringement; TESTS FOR DETERMINATION OF INFRINGEMENT - Construction of Claims, Pith and Marrow doctrine, Purposive Construction Test, Doctrine Of Equivalence; PROSECUTION HISTORY ESTOPPEL- Defences, Experiment, Research or Education, Bolar Exemption, Government use, Patent Exhaustion, Patent Misuse, Inequitable Conduct, REMEDIES - Relevant Cases, CASES RELEVANT TO THE MODULE - Infringement: DOE/PHE; Regulatory Approval Defense: [BOLAR EXCEPTION]
Objective, Introduction, Development of The Law of Trademark, Evolution of Trade Mark Protection in India, Spectrum of Distinctiveness, Defintion of Trademark, Non-Conventional Marks; PROCEDURE FOR REGISTRATION OF TRADEMARK - Application, Examination, Grounds of refusal of registration, Acceptance & advertisement, Opposition, Registration, Renewal; RIGHTS OF TRADEMARK OWNER - Right To Exclusive Use, Right to License & Right to Assign, Assignment of Trademarks, Licensing of Trademark, Difference between assignment and license; RIGHT TO SUE FOR INFRINGMENT - Essentials, Dilution of Trademark-Blurring and Tarnishment, COMPARATIVE ADVERTISEMENT, United Kingdom, India; CERTIFICATION MARKS; COLLECTIVE MARKS; TEXTILE MARKS - Registration of Collective Marks; Passing off - Essential elements of passing off, Difference between Infringement and Passing Off, REMEDIES FOR INFRINGMENT, Domain name protection, Domain Name Dispute Policies, The Indian Interpretation; MODULE SELF-EVALUATION QUESTIONS; CLASSIFICATION OF GOODS
Geographic Indications-Objective, Introduction, Justification for protection; International Position-Paris Convention on the Protection of Intellectual Property, 1883, The Madrid Agreement, Lisbon Agreement, TRIPs Agreement, Bilateral Agreements, Regional Developments – EU – Designation of origin and Geographical Indication, 184.108.40.206. Product Specification, Application for Registration, Examination by the Commission, Objections, Names, indications and symbols, Amending the product specification, Official controls, Cancellation, Protection, Relations between trademarks, designations of origin and GI, Committee Procedure, Fees, Case study: Spanish Champagne case; Geographical Indication protection in India - Criteria, Procedure for Registration in India, Duration, Rights, Overlap between trademark and GI, Remedies; Case studies- Darjeeling tea case, Pochampally Ikat Case; Information provided by the Geographic Indication Registry, Chennai, India- Summary; Self-examination questions.
The Law of Designs- Introduction, Meaning of Designs; Development of Law of Designs; Design Defined, Basic Principles of Design Rights, Protection for Designs, Historical Perspective, Philosophy of design protection; Publication- Publication of Designs and Patents Distinguished; Functional Designs; International Law and the Industrial Designs- The TRIPs Agreement, Paris Convention for the Protection of Industrial Property, 1967; Evolution of Design Protection in England; Evolution of Design Protection in India - Procedure for Registration of Designs, Features of Shape, Configuration, Pattern, New or Original, Applied To an Article, An Article, Made and Sold Separately, Appeal to and Judged Solely by the Eye; EXCLUDED SUBJECT- MATTER- Method or Principle of Construction, Features Dictated solely by Function, Mechanical Device, Trademark, or Property mark, or Artistic work, Immoral Designs and Designs contrary to Public Order, LAW OF INDUSTRIAL DESIGNS IN UNITED KINGDOM, Registered Designs, Design Right, Term of Design Protection, Copyright in Design, LAW RELATING TO INDUSTRIAL DESIGN IN U.S.A- Design Patents, Trademarks for designs – trade dress or product configurations, Copyright, Brief Summary, Registration of Designs in India, Rights of the Owner of Designs and Tests for Infringement- Assignment of Design Rights, Infringement of Designs, Defenses in Design Infringement, Remedies against Infringement of Designs, Flow chart of Registration of Design.
Semiconductor Integrated circuits Layout - Design: The Act: Layout, Design Procedure for Registration of Layout - Design, Registry: Application, Opposition: Registration, Term, Rights of the holder: Assignment and Transmission Registered User Infringement of Layout - Design; Protection of Plant Varieties- Objective, Introduction, International Position UPOV, 1991, Plant Varieties Protection In India, Introduction, Plant Variety that can be registered, Extant variety Registration of the Plant Varieties, Term of protection Rights of the Breeder Revocation, Compulsory license Farmer’s Rights Benefit Sharing, National Gene Fund, Criminal Remedies; Trade secrets protection- Trade Secrets defined, Evolution of the law relating to trade secret: Trade secrets and confidential information: Basis for Protection; Biological Diversity Act 2002: Introduction, Regulation of Access to Biological Diversity, Biodiversity Fund, Authorities under the Act, National Biodiversity Authority, State Biodiversity Boards, Biodiversity Management Committees.
PAPER 2.5: TAXES ON CORPORATIONS AND COMMODITIES