LL.M.
LLM
Duration | 1 year |
Fees PA | 178000/- |
Eligibility Criteria | Pass in LLB or 5 Year Integrated Law course with 50% or more marks in aggregate. Preference shall be given to the law graduates with experience of 3 years or more |
Merit Preparation for Admission | Merit preparation/ short listing of candidates shall be on the basis of score in MRNAT 2024/ Graduation Qualifying Examination. |
LLM Course is a post-graduate degree in Law. The program imparts the students with a specialization in multiple legal sub-streams, and enables them to become professionals in the field of law and legal affairs of the country.
Note: LLM 1 year degree to be offered in the duration of two years in part time mode (preferably weekends)
In case candidate has opted for an additional subject in class 12th, aggregate shall be calculated counting the best 5 subjects including English as one of the subject |
For IB Board: Student should have secured a minimum of 26 points/credits with minimum of three subjects passed at Higher Level (HL) and three at standard level (SL). |
For Cambridge International Examinations (IGCSE): Minimum % shall be same as that for CBSE candidates. Candidate must be passed in minimum 5 subjects of ‘O’ Level and minimum 2 subjects of ‘A’ Level. These are mandatory to obtain equivalence certificate from AIU. |
Reservation Policy: A minimum of 25% seats for admission in the University shall be reserved for the students of State of Haryana, out of which 10% seats will be reserved for students belonging to Scheduled Caste of the State of Haryana. |
LLM (One Year)
Duration | 1 year |
Intake | 20 |
Eligibility Criteria | Law Graduate with LL.B. of either 5 years integrated or 3 year degree as per UGC norms |
Merit Preparation for Admission | Merit preparation/ short listing of candidates shall be on the basis of score in MRNAT/ Graduation Qualifying Examination. |
LLM Course is a post-graduate degree in Law. The program imparts the students with a specialization in multiple legal sub-streams, and enables them to become professionals in the field of law and legal affairs of the country.
Note: LLM 1 year degree to be offered in the duration of two years in part time mode (preferably weekends)
In case candidate has opted for an additional subject in class 12th, aggregate shall be calculated counting the best 5 subjects including English as one of the subject |
For IB Board: Student should have secured a minimum of 26 points/credits with minimum of three subjects passed at Higher Level (HL) and three at standard level (SL). |
For Cambridge International Examinations (IGCSE): Minimum % shall be same as that for CBSE candidates. Candidate must be passed in minimum 5 subjects of ‘O’ Level and minimum 2 subjects of ‘A’ Level. These are mandatory to obtain equivalence certificate from AIU. |
Reservation Policy: A minimum of 25% seats for admission in the University shall be reserved for the students of State of Haryana, out of which 10% seats will be reserved for students belonging to Scheduled Caste of the State of Haryana. |
Program Educational Objectives:
PEO1: Foundation: Integration of Humanities subjects in the foundation years, provides adequate footing in understanding law and legal principles.
PEO2: Core Competence: Thorough understanding of legal concepts, principles and theories, quintessential to the discipline of Law.
PEO3: Skills: Analytical ability, logical reasoning, lateral thinking, attention for details and persuasive communication, are the skills that are critical to an accomplished legal professional.
PEO4: Professionalism: The ability to advise, counsel and represent the clients effectively and responsibly as legal professionals.
PEO5: Learning Environment: The holistic approach to law by reference to the socio-economic-legal & amp; cultural environment in India, giving exposure to cutting edge issues leading to the experiential learning in an encouraging and open academic environment.
Program Outcomes:
Law postgraduates will be able to demonstrate
PO1: Knowledge of Law: The advanced knowledge of principles of Law, legislations and leading cases relating to the subjects, that form part of the post-graduate programs of study;
PO2: Research-related skills: Learn the art of conducting doctrinal and empirical research using accepted methods and techniques of legal research.
PO3: Writing skills: Find and read a variety of legal and inter-disciplinary materials in printed and digital formats, from libraries and online databases and usethem for academic and professional writings including essays, research papers and dissertationsinter alia
PO4: Analytical Reasoning: Ability to evaluate the reliability and relevance of evidence; identify logical flaws and holes in the arguments; synthesize data from a variety of sources; draw valid conclusions and support them with evidence and logic.
PO5: Problem Solving: Capacity to extrapolate from what one has learned and apply their competencies to solve different kinds of real-life legal and extra-legal problems.
PO6: Teaching-related skills: Ability to articulate and communicate legal knowledge to the audience in general and students in particular.
PO7: Moral and Ethical Awareness/Reasoning: Ability formulate a position/argument about an ethical issue from multiple perspectives, including social, political and economic context in which basic concepts, values, principles and rules of the legal system operate
PO8: Digital Proficiency: Capability to access, evaluate and use ICT sources and tools to fetch relevant information to be used in a variety of learning situations
PO9: Self-directed Learning: Ability to work independently, identify appropriate resources required for a project, and work on any project through to completion.
Program Specific Outcomes
Graduates of LLM in Commercial Arbitration will be able to
PSO1: Understand the complex legal framework applicable to commercial arbitration.
PSO2: Establish the relationship between international sources of law and domestic law in matters of commercial arbitration agreements, procedure and awards.
Graduates of LLM in Criminal Law will be able to
PSO1: Critiquing criminal laws and criminal justice delivery system using various methods, including, theoretical, doctrinal, comparative, and socio-legal perspectives/ technique
PSO2: Identify and evaluate the different weaknesses/ lacunae/ limitations of Criminal Justice System in Indian society and accordingly suggest measures to strengthen it.
Graduates of LLM in Corporate Law will be able to
PSO1: Understand the complex legal framework, including connected rules and regulations,that regulate companies, corporations, and businesses.
PSO2: Identify and evaluate the different weaknesses/ lacunae/ limitations of corporate laws in and accordingly suggest measures to strengthen it.
Key Features
- · Approved by the Bar Council of India (BCI) and University Grants Commission (UGC).
- · Faculty from top notch institutions such as NLUs, JNU and foreign Universities.
- · Experiential Learning ‘Learning by Doing’.
- · Various Centres of Excellence and Research Groups have been formed such as Centre for Corporate Law and ADR, Centre for Legislative Studies and Research, Centre for Environmental Laws and Climate Change, Centre for Food and Health Laws, Centre for Artificial Intelligence and Technology Laws, Centre for Sports and Media Laws, Law and Forensics Research Group etc.
- · Strong linkages with industry, corporates, law firms, Senior Advocates of the various High Courts and the Supreme Court of India, and regulatory bodies which helps to facilitate internships and placements
- · Use of inclusive pedagogies
- · Inter-disciplinary approach
- · State of the art infrastructure
- · Student participation in International and National Moot Court Competitions, Client Counselling and Mediation Competitions, Judgment Writing, International and National Conferences and Seminars etc.
- · Emphasis on Clinical Legal Education
- · Strong emphasis on professional training and holistic personality development
- · Locational Advantage, 10 mins from the Badkhal Lake or NHPC Metro Station
Programme Structure
As per the UGC guidelines, the Program structure/curriculum for One-Year LL.M. shall have the following components:
- Foundation/Compulsory Papers (3 papers of three credits each)
- Optional/Specialization Papers (6 papers of two credits each)
- Dissertation (three credits)
Provided, in case the candidate takes a minimum of four specialization papers from any particular Group/Cluster only, then that Course can be called after the discipline the candidates select; the candidate can opt for remaining paper/papers of his/her choice in order to complete the number of courses/credits prescribed for the Degree.
The specialization offered to LLM students include
- Corporate Law
- Criminal Law
- Commercial Arbitration
The structure of the Program shall be as under:
S. No. | Title of the Course | Credits assigned | Semester |
|
Research Methods and Legal Writing | 3 | First |
|
Comparative System of Governance | 3 | First |
|
Law and Justice in Globalizing World | 3 | First |
|
Specialization Paper I | 2 | First |
|
Specialization Paper II | 2 | First |
|
Specialization Paper III | 2 | Second |
|
Specialization Paper IV | 2 | Second |
|
Specialization Paper V | 2 | Second |
|
Specialization Paper VI | 2 | Second |
|
Dissertation | 4 | Second |
TOTAL CREDITS | 25 |
Scheme & Syllabus
MANAV RACHNA UNIVERSITY | |||||
SCHOOL OF LAW | |||||
MASTER OF LAW (LLM) (LWP01) | |||||
SEMESTER – I | |||||
S.NO | Subject Code | SUBJECT NAME | Credits | ||
1 | LWH601 | Research Methods and Legal Writing | COMPULSORY | 3 | |
2 | LWH602 | Comparative Systems of Governance | COMPULSORY | 3 | |
3 | LWH603 | Law and Justice in a Globalizing World | COMPULSORY | 3 | |
4 | LWH611/ LWH631/ LWH641 | Commercial Arbitration: Theory and Doctrine/Corporate Governance and Principles of Companies Act/Principles of Criminal Law | ELECTIVE | 2 | |
5 | LWH612/ LWH611/ LWH642 | Commercial Arbitration: Practice and Procedure I/Commercial Arbitration: Theory and Doctrine/Criminal Justice Administration | ELECTIVE | 2 | |
TOTAL (L-T-P/CONTACT HOURS/CREDITS) | 13 | ||||
SEMESTER – II | |||||
S.NO | Subject Code | SUBJECT NAME | Credits | ||
1 | LWH613/ LWH632/ LWH644 | Commercial Arbitration: Practice and Procedure II/Corporate Finance/Socio-Economic Offences | ELECTIVE | 2 | |
2 | LWH614/ LWH633/ LWH647 | International Commercial Arbitration: Principles and Practice/Insolvency and Bankruptcy Law/Gender in Criminal Law | ELECTIVE | 2 | |
3 | LWH615/ LWH634/ LWH648 | Institutional Arbitration/Corporate Mergers and Acquisitions/National Security Laws and Fundamental Rights | ELECTIVE | 2 | |
4 | LWH616/LWH635/LWH649 | Construction Arbitration/Competition Law/International Criminal Law | ELECTIVE | 2 | |
5 | LWH604 | DISSERTATION | 4 | ||
TOTAL (L-T-P/CONTACT HOURS/CREDITS) | 12 | ||||
TOTAL CREDITS | 25 |
SEMESTER-I
COMPULSORY PAPERS
Course Title/ Code |
Research Methods and Legal Writing (LWH601) |
||
Course Type: | Core (Departmental) | ||
L-T-P Structure | (3-0-0) | ||
Objectives | The objective of this paper is to introduce various established legal research methods to the students that will help and guide them to do their research in their relevant areas. This course caters to the needs of Post Graduate students in their pursuit of legal research and Dissertation/thesis writing. | ||
Course Outcomes (COs) | Mapping (Employability/ Skill Development/ Entrepreneurship) | ||
CO1 | Distinguish the methods and techniques of legal research from that of social sciences research |
Skill Development | |
CO2 | Apply the techniques of legal research to legal communication and writings | Skill Development | |
CO3 | Develop the proposal for conducting research to write good quality – PG level dissertation | Skill Development | |
CO4 | Apply the research techniques to prepare class lectures/ lessons based on principles, theories, legislations and cases? |
Skill Development | |
Prerequisites if any |
MODULE 1
An Introduction to Legal Research (Contact Hours – 8)
- Meaning, Scope and Objectives
- Kinds of Legal Research-Doctrinal or Traditional Research
- Non-Doctrinal or Empirical Research
- Analytical and Critical Research
- Inter-disciplinary (e.g. Socio-legal Research) and Multi-disciplinary Research
MODULE 2
Various Steps in Legal Research (Contact Hours – 8)
- Research Problem: Identification and Formulation
- Literature Review
- Hypothesis
- Research Design (Quantitative & Qualitative)
- Data collection
- Data Analysis
MODULE 3
Tools and Techniques of Legal Research (Contact Hours-8)
- Primary and secondary Sources
- Questionnaire, Interview, Case study
- Survey
- Sampling
- Use of Library and e-resources
MODULE 4
Legal Writing (Contact Hours – 8)
- Essentials of Good Legal Writing
- Framing of Title, Research Questions, Identifying relevant areas of law.
- Citation, Reference and Footnoting
- Research Ethics and Plagiarism
- Dissertation Writing
- Dissertation Writing
Reference Material
- C. R. Kothari — Research Methodology (Methods and Techniques(2nd edn., New Age International Publishers),1990
-
- Dennis P. Forcese and Stephen Richer (ed.), Stages of Social Research and Legal Writing: Contemporary Perspectives (New Jersey : Prentice Hall Inc., Englewood Cliffs, 1970).
- Dr. H.N.Tawari Legal Research Methodology — Allahabad Law Agency.
- Erwim C. Surrency B. Fielf and .J. Cn, 4 Guide to Legal Research (1959)
- Frederic Charles Hicks, Materials and Methods in Legal Research (Lawyers Cooperative Publishing, New York).
- Goode and Hall, Methods in Social Research (Singapore : MacGraw Hill Book Co., 1985).
- G.P. Tripathi, Legal Research and Research Methodology, Central Law Publications, 2019
- H.M.Hyman, Interviewing in Social Research (1965)
- Harvard Law Review Association, The Bluebook: Uniform system of Citation (Harvard Law Review, Harvard).
- High Brayal, Nigel Duncan and Richard Crimes, Clinical Legal Education: Active Learning in your School (1998) Blackstone P. Press Limited, London.
- Janathan Anderson, Thesis and Assignment Writing (Wiley Eastern Ltd., New Delhi).
- Johan Galtung, Theory And Methods of Social Research (London: George Allen & Unwin Ltd., 1970).
- Legal Research and Methodology— Indian Law Institute, New Delhi
- Leon Festinger (ed.), Research Methods in Behavioral Sciences (Holt, Rinehart and Winston, New York, 1953).
- Pauline V. Young, Scientific Social Surveys and Research (New Delhi : Prentice Hall of India Pvt. Ltd., 1984).
- Rattan Singh, Legal Research Methodology, Lexis Nexis, 2nd Edn., 2016
- S. K. Verma and Afzal Vani, Legal Research and Methodology, ILI, New Delhi William I Grade and Paul K Hatt, Methods in Social Research, Mc GrawHill Book Company, London.
CO PO MAPPING
Courses Code | Courses | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PSO2 |
LWH601 | Research Methods and Legal Writing | CO1 | – | 3 | 2 | 3 | – | 3 | – | 1 | – | 2 | 2 |
CO2 | – | 3 | 2 | 3 | – | 3 | – | 1 | – | 2 | 2 | ||
CO3 | – | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | 2 | 2 | ||
CO4 | – | 3 | 2 | 3 | – | 3 | 2 | 1 | – | – | 2 |
Course Title/ Code |
Comparative Systems of Governance (LWH602) |
||
Course Type: | Core (Departmental) | ||
L-T-P Structure | (3-0-0) | ||
Objectives | The course has been designed to drive the students through the journey of historical development to the law of the Third World. Focus is laid on the endeavours at global unification of law. | ||
Course Outcomes (COs) | Mapping (Employability/ Skill Development/ Entrepreneurship) | ||
CO1 | Distinguish and describe public law vis-a-vis private law in global context; | EMPLOYABILITY | |
CO2 | Differentiate common law system from that of civil law system by reference to important characteristics of each ; | EMPLOYABILITY | |
CO3 | Describe and apply the basic theories of constitutionalism including rule of law, separation of powers and judicial review and test it for Indian legal system; | EMPLOYABILITY | |
CO4 | Explain the principles of comparative criminal law and analyse their working in Indian criminal justice delivery system; | EMPLOYABILITY | |
Prerequisites if any |
MODULE 1
The Theoretical Perspectives of Comparative Public Law (Contact Hours – 8)
- Historical Development of Public Law, Meaning, Nature and Significance
- Tools of Comparative Public Law
- Constitutional and Administrative Law- A Comparative Study
MODULE 2
Study of World Law (Contact Hours – 8)
- Unification of the World Law
- Legislative Mechanism-Common Law, Civil Law
- Comparative Constitutional Law – its relevance
- Concerns and problems of comparison
MODULE 3
Constitutionalism (Contact Hours – 8)
- Distinction between Constitution and Constitutionalism
- Essential Features of Constitutionalism
MODULE 4
Forms of Government (Contact Hours – 8)
- Federal and Unitary
- Features, advantages, disadvantages
- Models of Federalism and Concept of Quasi Federalism
- Role of Courts in Preserving Federalism
- Parliamentary and Presidential Forms
Reference Material
-
- D.D. Basu, Comparative Constitutional Law ( 2nd ed., Wadhwa Nagpur).
- David Strauss, The Living Constitution (Oxford University Press, 2010)
- Dr. Subhash C Kashyap, Framing of Indian Constitution (Universal Law, 2004)
- Elizabeth Giussani, Constitutional and Administrative Law (Sweet and Maxwell, 2008).
- Erwin Chemerinsky, Constitutional Law, Principles and Policies (3rded., Aspen, 2006)
- J Baylis, S. Smith, Globalization of World Politics: An Introduction to International Relations
-
- J.D.M Derrett, An Introduction to Legal Systems(3rd Edition, Universal Law)
- M.V. Pylee, Constitution of the World (Universal, 2006)
- Mahendra Kumar, International Relations
- Mahendra P. Singh, Comparative Constitutional Law (Eastern Book Company, 1989).
- Neal Devins and Louis Fisher, The Democratic Constitution (Oxford University Press, 2010)
- Prakash Chandra, International Relations(Vikas Publishing House)
- S.N Ray, Judicial Review and Fundamental Rights (Eastern Law House, 1974).
- Structure Doctrine (Oxford University Press, 2009)
- Sudhir Krishna Swamy, Democracy and constitutionalism in India – A Study of the Basic
- Sunil Khilnani,Vikram Raghavan, Arun Thiruvengadam, Comparative Constitutionalism in South Asia (Oxford University Press, 2013).
- V.N. Khanna (201 Christopher Forsyth, Mark Elliott, Swati Jhaveri, Effective Judicial Review: A Cornerstone of Good Governance (Oxford University Press, 2010).
- Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press, 2009).
- Zachery Elkins, Tom Ginsburg, James Melton, The Endurance of National Constitutions (Cambridge University Press, 2009).
Articles
- Aman Ullah and Uzair Samee, “Basic Structure of Constitution: Impact of Kesavananda Bharati on Constitutional Status of Fundamental Rights”, Vol. 26 (2) South Asian Studies 299- 309 (July December 2011).
- Anne Smith, “Internationalization and Constitutional Borrowing in Drafting Bills of Rights”, 60(4) International and Comparative Law Quarterly 867-894 (2011 October).
- Bruce Ackerman, “The New Separation of Powers” 113 (3) Harv. L. Rev. 634-729 (2000)
- Bryan Clark and Amanda Leiter, “Regulatory hide and seek: What agencies can (and can’t) do to limit judicial review” 52(5) Boston College Law Review 1687-1732 (2011 November)
- Chhavi Agarwal, “Rule of Law: Reflection upon we the People and Beyond”252 (1) Madras Law Journal 8-16 (2010)
- Chris Brown and Ainley Kirsten (2009) Understanding International Relations, New York: Palgrave Macmillan( 4th edition)
- Daryl Levinson and Richard H. Pildes “Separation of Parties, Not Powers”119(8) Harvard Law Review 2311-2386 (2006).
- David King, “Formalizing Local Constitutional Standards of Review and the Implications for Federalism”97 (7) Virginia Law Review 1685-1726 (November 2011).
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH602 | Comparative Systems of Governance | CO1 | 3 | 3 | 2 | 3 | – | 3 | – | 1 | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | – | 3 | – | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | – | – | ||
CO4 | 3 | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | – | – |
Course Title/ Code |
Law and Justice in Globalizing World (LWH603) |
||
Course Type: | Core (Departmental) | ||
L-T-P Structure | (3-0-0) | ||
Objectives | The objective of the course is to enable students to understand and seek solutions to pressing problems in the domain of global justice. By the end of the term, students are expected to be familiar with multiple dimensions of the theoretical perspectives and be able to critically evaluate the liberal, republican discursive democratic attempts to make sense of, and to ameliorate prevailing instances of injustice in the world. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Describe the nature and factors of globalization; current and its historical perspective | EMPLOYABILITY | |
CO2 | Apply the analytical tools to analyze the impact of globalization on sovereignty of state, federalism and human rights jurisprudence |
EMPLOYABILITY | |
CO3 | Interpret the concept of global justice and give opinion in any social and economic conflict situations | EMPLOYABILITY | |
CO4 | List out the role and working of international institutions towards achieving global justice | EMPLOYABILITY | |
Prerequisites if any |
MODULE 1
Legal Globalization- An Introduction (Contact Hours- 8)
- Meaning of “globalization” in a contemporary context
- Introduction to the Increasing Globalization of Law
- Impact of globalization-on sovereignty of state, on Federalism and Democratic Law Making, on Human Rights Law
MODULE 2
Legal Implementation of Global Justice (Contact Hours – 8)
- The Concept of Global Justice
- Treaties and the Role of Customary International Law
- International Implementation System (International Court of Justice, International Criminal Court)
MODULE 3
Human Rights and Humanitarian Law (Contact Hours-8)
- War, Terrorism & Genocide, and Humanitarian Intervention;
- Migration, Refugees, Asylums;
- Universal Jurisdiction for Crimes Against Humanity/War Crimes;
MODULE 4
Global Justice and Trade Law (Contact Hours – 8)
- Dispute settlement Mechanism in International Trade Law
- Theories of global Justice in International Trade Law
- Impact of Globalization on Trade Law
- Environmental issues in International Trade Law
Reference Material
- Andrew Kuper, Democracy Beyond Borders: Justice and Representations in Global Institutions (OUP, 2006)
- Anthony McGrew, David Held (eds.), Governing Globalization: Power, Authority and Global Governance (Polity Press, 2002).
- Chi Carmody, Frank J. Garcia, & John Linarelli, Global Justice and International Economic Law: Opportunities and Prospects (ASIL Studies in International Legal Theory) (2012)
- David Schzeiderman, Constitutionalizing Economic Globalization: Investment Rules
- David Weissbrodt, FionnualaNíAoláin, Joan Fitzpatrick, and Frank Newman, International Human Rights: Law, Policy and Process (4th ed. 2008)
- David Weissbrodt, Joan Fitzpatrick, Frank Newman, Marci Hoffman and Mary Rumsey, Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law (3d ed. 2001)
- Helen M. Stacy & Win Chiat Lee, Economic Justice: Philosophical and Legal Perspectives (AMINTAPHIL: The Philosophical Foundations of Law and Justice) (2012)
- Hurst Hannum, International Human Rights: Problems of Law, Policy, and Practice (2011)
- International Covenant on Economic, Social, and Cultural Rights (ICESCR) and Optional Protocol www2.ohchr.org/english/law/pdf/cescr.pdf; www2.ohchr.org/english/law/docs/A.RES.63.117_en.pdf
- Jean-Marc Coicaud, Michael W. Doyle et al (eds.), The Globalization of Human Rights 2003 (United Nations University Press).
- John Baylis, Steve Smith, et al (eds.) The Globalization of World Politics: An Introduction to International Relations (OUP, 2008).
- Karl-Heinz Ladeur (ed.), Public Governance in the Age of Globalization (2004).
- Laura Valentini, Justice in a Globalizing World: A Normative Framework (OUP, 2011).
- M. Abouharb, David Cingranelli, Human Rights and Structural Adjustment 2007 (Cambridge University Press)
- Pablo De Greiff and Ciaran Cronin (eds.), Global Justice and Transnational Politics: Essays on the Moral and Political Challenges of Globalization (MIT Press, 2002).
- Percy E. Corbett, The Growth of World Law 184 (1971).
- Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, UN Doc. A/53/383 (2000). International Labor Convention 189 (2011) http://www.ilo.org/ilolex/english/convdisp1.htm
- Rosalyn Higgins, Development of International Law through the Political Organs of the United Nations (1963).
- Simon Coney, Justice Beyond Borders: A Global Political Theory (Oxford University Press, 2005).
- Upendra Baxi, The Future of Human Rights (OUP, 2002).
- Warner Menski, Comparative Law in Global Context: The Legal Systems of Asia and Africa (Cambridge University Press, 2006).
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH603 | Law and Justice in a Globalizing World | CO1 | 3 | 3 | 2 | 3 | 1 | 3 | – | 1 | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 2 | 2 | – | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | – | 2 | 2 | – | – | – | – | ||
CO4 | 3 | 3 | 3 | 3 | – | 1 | 2 | – | – | – | – |
CORPORATE LAW SPECIALIZATION
Course Title/ Code | Corporate Governance and Principles of Companies Act (LWH631) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Objectives | The objective of this paper is Acquaint students of fundamental theories and principles governing companies and corporate governance. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Describe the basic theories of incorporation and corporate governance? | EMPLOYABILITY | |
CO2 | Identify the legal framework through various provisions relating to corporate governance? |
EMPLOYABILITY | |
CO3 | Counsel and advice the clients on rights of shareholders under companies Act and other laws? | Skill development | |
CO4 | Advise companies on the structuring of the Board and its various committees? | Skill development | |
CO5 | Identify the duties of auditors and respresent the parties in the court on matters relating to financial govenance? |
Skill development | |
Prerequisites if any |
MODULE 1
Fundamentals of Corporate Governance (8 Class Hours)
- Basic Framework – Meaning, relevance and significance of corporate governance
- Theories, Models and Mechanisms of CG – Legal Liability, Social and Ethical Norms, Markets
MODULE II
Shareholders and Stakeholders (8 class hours)
-
- Rights, Role(s) and responsibilities of shareholders
- Rights, Role(s) and responsibilities other stakeholders
MODULE III
Board and Management (8 class hours)
- Board of Directors – Role and Responsibilities
- Board Structure and Functioning
MODULE IV
Financial Governance (8 class hours)
- Aspects of financial governance
- Audit committees;
- Financial reporting;
- Role & Responsibilities of Auditors;
- Equity market reforms etc.
Reference Material
- Andrei Shleifer and Robert Vishny “Management Entrenchment: The Case of Manager-Specific Investments.” 25(1) Journal of Financial Economics 123-139 (1989).
- Andrei Shleifer and Robert Vishny, “Large Shareholders and Corporate Control,” 94(3) Journal of Political Economy, 461-488 (June 1986)
- Andrei Shleifer and Robert W. Vishny, “A Survey of Corporate Governance.” 52(2) Journal of Finance 1997
- Bebchuk, Lucian A., Jesse M. Fried, and David I. Walker, “Managerial Power and Rent Extraction in the Design of Executive Compensation,” NBER working paper #9068, July 2002.
- Bebchuk, Lucian, and Jesse Fried (2004), Pay without Performance: The Unfulfilled Promise of Executive Compensation.” Cambridge: Harvard University Press.
- Bebchuk, Lucian, and Yaniv Grinstein (2005), “The Growth of Executive Pay.” NBER Working Paper Series No. 11443.
- Becht, Marco, Patrick Bolton, and Ailsa Röell (2003), “Corporate Governance and Control.” In: Handbook of the Economics of Finance (Constantinides, Harris, and Stulz eds.), Amsterdam:Elsevier, Chapters 1-4.
- Bertrand, Marianne and Sendhil Mullainathan, “Do CEOs Set their Own Pay? The Ones without Principals Do,” NBER Working Paper No. 7604, March 200. Also available at: http://econ-www.mit.edu/faculty/mullain/files/papers/CeosPrincipals.pdf
- Burkart, Mike, Denis Gromb, and Fausto Panuzi, “Why Higher Takeover Premia Protects Minority Shareholders,” Journal of Political Economy, Vol. 106, Iss. 1, February1998, pp. 172- 204.
- Chew, Donald Jr., and Stuart Gillan eds. (2005), Corporate Governance at the Crossroads. New York: McGraw-Hill, Section 2.2.d
- Claessens, Stijn and Simeon Djankov (1999), “Ownership Concentration and Corporate Performance in the Czech Republic.” Journal of Comparative Economics, 27, 498-513.
- Claessens, Stijn, “Corporate Governance and Equity Prices: Evidence from the Czech and Slovak Republics,” Journal of Finance, Vol. 52, Iss. 4, September 1997, pp. 1641-1658.
- Claessens, Stijn, Simeon Djankov, Joseph Fan, and Larry Lang, “The Separation of Ownership and Control in East Asia Corporations,” Journal of Financial Economics, Vol. 58, Iss. 1-2, October 2000, pp. 81-112.
- Coffee, John C. Jr., “The Future as History: The Prospects for Global Convergence in Corporate Governance and its Implications”, Columbia University Center for Law and Economic Studies, Working Paper No. 144, February 1999.
- D Bertrand, Marianne and Sendhil Mullainthan (2003), “Enjoying the Quiet Life? Corporate Governance and Managerial Preferences.” Journal of Political Economy, 111(5), 1043-1075.
- Demsetz, Harold and Kenneth Lehn (1985), “The Structure of Corporate Ownership: Causes and Consequences.” Journal of Political Economy 93(6), 1155-1177.
- Dyck, Alexander and Luigi Zingales, “Private Benefits of Control: An International Comparison,” University of Chicago mimeo, December 2002.
- Dyck, Alexander, and Luigi Zingales (2004), “Control Premiums and the Effectiveness of Corporate Governance Systems.” In: Global Corporate Governance (D. Chew and S. Gillan eds.), New York: Columbian Business School Publisher.
- Earle, John and Saul Estrin (1996), “Employee Ownership in Transition.” In: Corporate
- Easterbrook, H. Frank and Daniel R. Fischel, “The Corporate Contract” in Chapter 1 of The Economic Structure of Corporate Law (Harvard University Press, Cambridge, MA, 1991) (1-39)
- Franks, Julian, and Colin Mayer (2009), “Corporate Ownership and Control in the U.K., Germany and France” In: Global Corporate Governance (D. Chew and S. Gillan eds.), New York: Columbian Business School Publisher.
- Gilson, Stuart, “Management Turnover and Financial Distress,” Journal of Financial Economics, Vol. 25, January 1989, pp. 241-262.
- Governance in Central Europe and Russia (R. Frydman, C. Gray and A. Rapaczynski eds.) Budapest: Central European University Press.
- Grosfeld, Irena, and Thierry Tressel (2002), “Competition and Ownership Structure: Substitutes or Complements?” Economics of Transition 10(3), 525-551.
- Hansmann, Henry (1996), The Ownership of Enterprise. Cambridge, USA: The Belknap Press of Harvard University Press, Chapters 1-3.
- Hart, Oliver, “Corporate Governance: Some Theory and Implications,” The Economic Journal, Vol. 105, Iss. 430, May 1995 (678-689)
- Hu, Yifan, and Xianming Zhou (2008), “The Performance Effect of Managerial Ownership: Evidence from China.” Journal of Banking and Finance 32, 2099-2110.
- Jensen, Michael and William Meckling, “Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure,” Journal of Financial Economics, Vol. 3, Iss. 4, October 1976 (305-360)
- Jensen, Michael, and Kevin Murphy (1990), “Performance Pay and Top-Management Incentives” Journal of Political Economy 98, 225-264.
- Joh, Sung Wook (2003), “Corporate Governance and Firm Profitability: Evidence from Korea before the Economic Crisis.” Journal of Financial Economics 68, 287-322.
- Kaplan, Steven N. and Bernadette A. Minton, “Appointments of Outsiders to Japanese Boards: Determinants and Implications for Managers,” Journal of Financial Economics, Vol. 36, Iss. 2, October 1994, pp. 225-258.
- Kester, W. Carl, “Note on Corporate Governance Systems: The United States, Japan and Germany,” Harvard Business School, Case #9-292-012.
- La Porta, Rafael, Florencio López-de-Silanes, and Andrei Shleifer, “Corporate Ownership Around the World,” Journal of Finance, Vol. 54, Iss. 2, April 1999, pp. 471-517.
- La Porta, Rafael, Florencio López-de-Silanes, and Andrei Shleifer, “Investor Protection and Corporate Valuation,” Journal of Finance, Vol. 57, Iss. 3, June 2002, pp. 1147-1170.
- La Porta, Rafael, Florencio López-de-Silanes, Andrei Shleifer and Robert W. Vishny, “Investor Protection and Corporate Governance,” Journal of Financial Economics, Vol. 58, Iss.1-2, October 2000, pp. 3-27.
- Morck, Randall, Andrei Shleifer and Robert W. Vishny (1988), “Management Ownership and Market Valuation: An Empirical Analysis.” Journal of Financial Economics, 20(1-2), 293-315.
- Nenova, Tatiana, “The Value of Corporate Votes and Control Benefits: A Cross-Country Analysis,” Harvard University mimeo, September 2000.
- OECD, “Principles of Corporate Governance,” May 1999. Available at: http://www.oecd.org/EN/documents/0,,EN-documents-77-3-no-24-no-77,00.html
- Ronald H. Coase, “The Nature of the Firm,” Economica, Vol. 4, Iss. 16, November 1937(pp. 386-405)
- Rosenstein, S. and J. G. Wyatt, “Outside Directors, Board Independence, and Shareholder Wealth,” Journal of Financial Economics, Vol. 26, Iss. 2, August 1990, pp. 175-191.
- Shleifer, Andrei and Robert Vishny, “Large Shareholders and Corporate Control,” Journal of Political Economy, Vol. 94, Iss. 3, June 1986, pp. 461-488.
- Shleifer, Andrei and Robert W. Vishny (1989), “Management Entrenchment: The Case of Manager-Specific Investments.” Journal of Financial Economics, 25(1): 123-39.
- Shleifer, Andrei and Robert W. Vishny (1997), “A Survey of Corporate Governance.” Journal of Finance 52(2)
- The Economist, “Corporate Boards: The Way We Govern Now,” January 9, 2003.
- Tirole, Jean, “Corporate Governance,” Econometrica, Vol. 69, Iss. 1, January 2001 (1-35)
- Volpin, Paolo, “Governance with Poor Investor Protection: Evidence from Top Executive Turnover in Italy,” Journal of Financial Economics, Vol. 64. Iss. 1, April 2002, pp. 61-90.
- Weisbach, M. S., “Outside Directors and CEO Turnover,” Journal of Financial Economics, Vol. 20, January 1988, pp. 431-460.
- Williamson, Oliver (1985), The Economic Institutions of Capitalism. New York: Macmillan, Chapter 2.
CO PO MAPPING
Course Code | Course | Course Outcome | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH631 | Corporate Governance and Principles of Companies Act | CO1 | 3 | 3 | 2 | 3 | 2 | 3 | – | – | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 3 | 3 | 2 | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | – | – | ||
CO4 | 3 | 3 | 2 | 3 | 3 | – | – | 1 | 3 | – | – | ||
CO5 | 3 | 3 | 2 | 3 | 3 | – | – | – | 3 | – | – |
Course Title/ Code | Commercial Arbitration: Theory and Doctrine (LWH611) | ||
Course Type: | Core (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Are you able to develop the discretion to use ADR mechanisms to resolve disputes? | EMPLOYABILITY | |
CO2 | Are you able to interpret the arbitration agreements with respect to the intent of the parties, seat of arbitration, applicable law and other relevant clauses? |
EMPLOYABILITY | |
CO3 | Are you able to represent the parties in arbitration and appeal proceedings? | Skill development | |
CO4 | Are you able to act as an arbitrator to resolve the disputes? | Skill development | |
Prerequisites if any |
MODULE I
Fundamentals of Arbitration (Contact Hours – 10)
- Nature and Scope of Arbitration
- Arbitration v. Litigation
- What Is and Is Not Arbitration?
- Specialized Uses and Forms of Arbitration
- Choosing Arbitration Scenario
- Framework of Arbitration – Statutory and Legal Standards
- Arbitration Jurisdiction
- Consent/ Party Autonomy – Contractual Foundations
- Competence of an Arbitral Tribunal (Principle of Kompetenze Kompetenze)
- May Parties Avoid Arbitration? – Front End Issues
- Statutory Arbitration in India
MODULE II
Arbitration Agreement and Arbitrability (Contact Hours – 10)
- Arbitrability
- Substantive and Procedural
- Defenses to Questions of Arbitrability
- Arbitration Agreement
- The Separability Doctrine
- Choice of Law
- Choice of substantive law
- Choice of seat provisions in arbitration agreements
- Role of Arbitrators
- Power and duties
- Sources of ethical standards and ethical obligations
- Independence and impartiality
- Liability of arbitrators and arbitral organizations
MODULE III
Enforcement of Decisions of Arbitral Tribunals (Contact Hours – 10)
- The Establishment of Arbitral Tribunal
- Appointment
- Challenge and replacement
- Emergency arbitrator
- Arbitral decisions
- Procedural directions
- Arbitral Orders
- Arbitral Awards
- Judicial Enforcement and Review of Arbitral Awards
- Functus officio doctrine
- Standard of review of awards
- Grounds for set-aside and enforcement of foreign awards
- Contract based standards and grounds
Reference Material
- A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386
- Ajar Rab, “Defining the Contours of the Public Policy Exception – A New Test for Arbitrability in India” 7(2) Indiana Journal of Arbitration Law 2019 at 161.
- Arbitration and Conciliation Act 1996
- Bharat Bhushan Bansal v. U.P. Small Industries Corporation Ltd. (1999) 2 SCC 166
- Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. (2011) 5 SCC 532
- Chetan Chawla, “The Muddy Waters of Pre-Arbitration Procedures – Are they Enforceable?” Kluwer Arbitration Blog, 2019
- Detlev Kuhner, “The Impact of Party Impecuniosity on Arbitration Agreements” The Example of France and Germany” 31 (6) Journal of International Arbitration 2014
- Gary Born and Marija Scekic, “Pre-Arbitration Procedural Requirements” 2015 (OUP Uncorrected Proof- Firstproofs)
- Gracious Timothy Dunna & Juhi Gupta, “Existential Crisis of Section 11(6A) of the Indian Arbitration Act? Part -I” Kluwer Arbitration Blog, 2019
- Indian Farmers Fertilizer Cooperative Ltd. V. Bhadra Products (2018) 2 SCC 534
- KK Modi v. K.N. Modi and Ors. (1998) 3 SCC 573
- NTPC v. Siemens Atkeingesellschaft (2007) 4 SCC 451
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PSO2 |
LWH611 | Commercial Arbitration: Theory and Doctrine | CO1 | 3 | 3 | 2 | 3 | 2 | 3 | – | – | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 3 | – | – | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | – | – | 2 | 1 | 3 | – | – | ||
CO4 | 3 | 3 | – | – | – | 3 | 2 | 1 | 3 | – | – |
CRIMINAL LAW SPECIALIZATION
Course Title/ Code | Principles of Criminal Law (LWH641) | ||
Course Type: | Elective (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Objectives | To make students critically understand the meaning of crime and criminal law and how they are different from civil wrongs, to analyze the exemptions and justifications which are available to a person in specific situations even when prima facie appears that crime has been committed. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Explain the established principles of liability and their evolution under criminal law. | EMPLOYABILITY | |
CO2 | Apply the substantive elements of vicarious and inchoate liability in the situation of deviant conduct. | Skill development | |
CO3 | Advice and counsel the client regarding the applicability of general defences to a particular criminal activity. | Skill development | |
CO4 | Present and publish on the contemporary criminal law issues in the context of social, political, and cultural conditions. | Skill development | |
Prerequisites if any |
MODULE I
Introduction to criminal law and Elements of Crime (Contact Hours- 5)
- History of Indian Penal Code
- Nature and Scope of Criminal Law
- Definitions (From Penal Code) – Difference between Crime and Other Wrongs
MODULE II
Elements of Crime and Offences against Public Tranquility (Contact Hours- 10)
- Actus Reus, Mens Rea
- Motive, Intention, Preparation and Attempt
- Common Intention and Common Object
- Abetment; Criminal Conspiracy
MODULE III
General Exceptions (Contact Hours – 10)
- Mistake-Accident-Necessity-Infancy-Unsoundness of Mind
- Intoxication as Defence
- Right of Private Defence- Of Body –Self Defence
- Of Property- Extent of Such Right under different Circumstances
- Commencement and Continuance of Such Right
MODULE IV
Offences against the State; Offences against Decency, Morals and Religion (Contact Hours – 10)
- Offences against state (s. 121-130)
- War and Sedition
- Public Mischief (s. 505)
- Offences affecting decency, Morals and Religion
- Obscene (s. 292 – 294A)
- Offences relating to religion (s. 295-298)
References
- C K Thakker, Criminal Procedure 2014 (India: Lexis Nexis)
- Eugene J. Chesney, “Concept of Mens Rea in the Criminal Law”, 29 Am. Inst. Crim. L. & Criminology 627 (1938-1939)
- Glanville Williams, Textbook of Criminal Law
- J. W. Turner, Kenny’s Outlines of Criminal Law, 2006 (Delhi: Universal)
- JWC Turner, Russell on Crime 1964 (latest Ed.)
- K D Gaur, Criminal Law-Cases and Materials 2015 (India: Lexis Nexis)
- K D Gaur, Textbook on Indian Penal Code, 2017 (Delhi: Universal Law)
- K L Vibhute, PSA Pillai’s Criminal Law, 2017 (India: Lexis Nexis)
- KNC Pillai, General Principles of Criminal Law 2011 (Lucknow: EBC)
- KNC Pillai, R. V. Kelkar’s Criminal Procedure 2017 (Lucknow: EBC)
- KNC Pillai, R. V. Kelkar’s Lectures on Criminal Procedure 2017 (Lucknow: EBC)
- Versha Vahini, Ratanlal & Dhirajlal The Indian Penal Code 2014 (Student Edition) (India: Lexis Nexis)
Important Cases
- Abhyanand Mishra v. State of Bihar AIR 1961 SC 1698
- Asgarali Pradhania v. Emperor AIR 1933 Cal. 893
- Barendra Kumar Ghosh v. King Emperor
- Basdev v. Pepsu AIR 1956 SC 488
- Chandra Bihari Gautam v. State of Bihar (2002) 9 SCC 208
- Deo Narain v. State of U.P. (1973) 1 SCC 347
- Dr. Vimla v. Delhi Administration AIR 1963 SC 1572
- Gian Kaur v. State of Punjab (1996) 2 SCC 648
- James Martin v, State of Kerala (2004) 2 SCC 203
- K.N. Mehra v. State of Rajasthan AIR 1957 SC 369
- Kishan v. State of M.P. (1974) 3 SCC 623
- Lakshmi v. State AIR 1959 All 534
- Mahabir Choudhary v. State of Bihar (1996) 5 SCC 107
- Mahbub Shah v. Emperor AIR 1945 PC 118
- Maina Singh v. State of Rajasthan (1976) 2SCC827
- Mizaji v. State of U.P. AIR 1959 SC 572
- Mobarak Ali v. State of Bombay AIR 1957 SC 857
- Om Prakash v. State of Punjab (1962) 2 SCR 254
- Om Prakash v. State of Punjab AIR 1961 SC 1782
- Pandurang v. State of Hyderabad (1955) 1 SCR 1083
- Queen-Empress v. Kader Nasyer Shah (1896) ILR 23 Cal. 604
- Shrikant Anandrao Bhosale v. State of Maharashtra (2002) 7 SCC 478
- State of M.P. v. Narayan Singh (1989) 3 SCR 549
- State of Maharashtra v. M. H. George (1965) 1 SCR 123
- State of Maharashtra v. Mohd. Yakub (1980) 3 SCC 57 24
- State of Orissa v. Bhagban Barik (1987) 2 SCC 98
- State of Orissa v. Ram Bahadur Thapa AIR 1960Ori. 161
- State of U.P. Ram Swarup (1974) 4 SCC 764
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH641 | Principles of Criminal Law | CO1 | 3 | 1 | 1 | 3 | 2 | – | – | 1 | 3 | 2 | 2 |
CO2 | 3 | 2 | 2 | 3 | 3 | 2 | 2 | 1 | 3 | 3 | 3 | ||
CO3 | 3 | 3 | 2 | 3 | 3 | – | – | – | – | 3 | 3 | ||
CO4 | 3 | 3 | 3 | 3 | – | – | 3 | – | – | 3 | 3 |
Course Title/ Code | Criminal Justice Administration (LWH642) | ||
Course Type: | Elective (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Describe the role and functions of relevant authorities under criminal justice system. | EMPLOYABILITY | |
CO2 | Counsel and advice the client on the process of investigation including arrest and bail. | Skill development | |
CO3 | Represent the client and advance arguments during the trial on the matters involving rights, evidence and sentencing. | Skill development | |
CO4 | Conduct research and publish opinions on the contemporary issues including Institutional and non-institutional Reforms in CJA | Skill development | |
Prerequisites if any |
MODULE I
Introduction to Criminal Justice Administration (Contact Hours – 8)
- Constitutional Foundations of Criminal Justice System
- Functionaries of Criminal Justice Administration including hierarchy of courts.
- Decoding the ‘Justice’ in Criminal Justice Administration.
- Comparative analysis of two models of criminal process- Adversarial and Inquisitorial systems.
MODULE II
Arrest and Bail – Human Rights Issues (Contact Hours – 8)
- Profile of Crimes in India: Rate of crime, proportion of different crimes- age, sex, education, economic status of offenders, conviction rate
- Reporting of Crimes and Arrest Process in Criminal Justice Administration and Rights of Arrestee
- Provision for Bail under the Code: Grant of bail and under-trial prisoners, torture during Interrogation; use of forensic and scientific investigation techniques.
- Speedy and Fair Trial; Components of Fair Trial, Quality Legal Aid; Plea Bargaining.
- Judgement and Sentencing – Compounding of offence, Remission, commutation and pardoning power.
MODULE III
Prison System (Contact Hours – 8)
- Theories of punishment- retributive; deterrent; preventive; reformative.
- Kinds of punishment- with special emphasis on capital punishment.
- Correctional administration – prison system – Challenges – Prison Act 1894
- Non-Institutional form of treatment- probation- Probation of Offenders Act 1958, parole- open prisons- role of NGO’s.
MODULE IV
Victimology (Contact Hours – 8)
- Meaning and scope of victimology.
- Problems of crime victims and types of victims.
- Role of victim in criminal justice administration- Malimath committee report
- Witness and Victim Protection, Role and Rights of Victims, Compensation to Victims- Central Victim Compensation Scheme 2015, Compensation Scheme for Women Victims/Survivors of Sexual Assault/other crimes 2018.
Reference Material
-
- B. Bowling, Racial Harassment and the Process of Victimization, Vol. 33British Journal of Criminology (1993).
- Bare Act of Code of Criminal Procedure,1972
- Critique of Malimath Committee Report, part 1 and 2
- Ghazvini, Mohammad Farajiha, 2002, Police protection to victims of crime, New Delhi Deep & Deep Publications
- J. McDevitt, Consequences for Victims: A Comparison of Bias and Non-Bias Motivated Assualt, Vol. 45 (4) American Behavioral Scientist (2001).
- K. I. Vibhute, Criminal Justice A Human Rights Perspective of the Criminal Justice
- L.E. Cohen and Felsho, Social Inequality and Predatory Criminal Victimization: An Exposition and Test of a Formal Theory, Vol. 44 American Sociological Review, (1979).
- Latest Prison Statistics from website of government agencies
- M. Cheif Bassiouni, “Human Rights in the Context of Criminal Justice: Identifying
- Malimath Committee Report on Criminal Law Reforms, 2004
- Measures for Women Offenders (the Bangkok Rules)
- Model Prison Manual 2003
- P.K. Majumdar, Law of Bails, Bonds and Arrest 2012 (Orient Publication)
- P.V. Ramakrishna, Law of Bail, Bonds, Arrest and Custody 2008 (LexisNexis)
- Prevention and Criminal Justice Systems and Their Development in a Changing Process in India (2004) Eastern Book Company
- Ratanlal & Dhirajlal, Criminal Procedure,2012 (Lexis Nexis Butterworths Wadhwa, Nagpur
- Reports of the Law Commission of India – 35, 154, 156, 172, 177, 185, 203
- Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World
- UN Standard minimum rules for treatment of prisoners
- United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH642 | Criminal Justice Administration | CO1 | 3 | 1 | – | – | 2 | 3 | 2 | 1 | 2 | 2 | 2 |
CO2 | 3 | 3 | 1 | 3 | 3 | 2 | – | – | 3 | – | 2 | ||
CO3 | 3 | 3 | – | – | 3 | 2 | – | – | 3 | – | 2 | ||
CO4 | 3 | 3 | 3 | 3 | 3 | 2 | 3 | 1 | 3 | 3 | 3 |
COMMERCIAL LAW SPECIALIZATION
Course Title/ Code | Commercial Arbitration: Theory and Doctrine (LWH611) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Are you able to develop the discretion to use ADR mechanisms to resolve disputes? | EMPLOYABILITY | |
CO2 | Are you able to interpret the arbitration agreements with respect to the intent of the parties, seat of arbitration, applicable law and other relevant clauses? |
EMPLOYABILITY | |
CO3 | Are you able to represent the parties in arbitration and appeal proceedings? | Skill development | |
CO4 | Are you able to act as an arbitrator to resolve the disputes? | Skill development | |
Prerequisites if any |
MODULE I
Fundamentals of Arbitration (Contact Hours : 8)
- Nature and Scope of Arbitration
- Arbitration v. Litigation
- What Is and Is Not Arbitration?
- Specialized Uses and Forms of Arbitration
- Choosing Arbitration Scenario
- Framework of Arbitration – Statutory and Legal Standards
- Arbitration Jurisdiction
- Consent/ Party Autonomy – Contractual Foundations
- Competence of an Arbitral Tribunal (Principle of Kompetenze Kompetenze)
- May Parties Avoid Arbitration? – Front End Issues
- Statutory Arbitration in India
MODULE II
Arbitration Agreement and Arbitrability (Contact Hours : 8)
- Arbitrability
- Substantive and Procedural
- Defenses to Questions of Arbitrability
- Arbitration Agreement
- The Separability Doctrine
- Choice of Law
- Choice of substantive law
- Choice of seat provisions in arbitration agreements
- Role of Arbitrators
- Power and duties
- Sources of ethical standards and ethical obligations
- Independence and impartiality
- Liability of arbitrators and arbitral organizations
MODULE III
Enforcement of Decisions of arbitral Tribunals (Contact Hours : 8)
- The Establishment of Arbitral Tribunal
- Appointment
- Challenge and replacement
- Emergency arbitrator
- Arbitral decisions
- Procedural directions
- Arbitral Orders
- Arbitral Awards
- Judicial Enforcement and Review of Arbitral Awards
- Functus officio doctrine
- Standard of review of awards
- Grounds for set-aside and enforcement of foreign awards
- Contract based standards and grounds
Reference Material
- A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386
- Ajar Rab, “Defining the Contours of the Public Policy Exception – A New Test for Arbitrability in India” 7(2) Indiana Journal of Arbitration Law 2019 at 161.
- Arbitration and Conciliation Act 1996
- Bharat Bhushan Bansal v. U.P. Small Industries Corporation Ltd. (1999) 2 SCC 166
- Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. (2011) 5 SCC 532
- Chetan Chawla, “The Muddy Waters of Pre-Arbitration Procedures – Are they Enforceable?” Kluwer Arbitration Blog, 2019
- Detlev Kuhner, “The Impact of Party Impecuniosity on Arbitration Agreements” The Example of France and Germany” 31 (6) Journal of International Arbitration 2014
- Gary Born and Marija Scekic, “Pre-Arbitration Procedural Requirements” 2015 (OUP Uncorrected Proof- Firstproofs)
- Gracious Timothy Dunna & Juhi Gupta, “Existential Crisis of Section 11(6A) of the Indian Arbitration Act? Part -I” Kluwer Arbitration Blog, 2019
- Gracious Timothy Dunna & Juhi Gupta, “Existential Crisis of Section 11(6A) of the Indian Arbitration Act? Part -II” Kluwer Arbitration Blog, 2019
- Indian Farmers Fertilizer Cooperative Ltd. V. Bhadra Products (2018) 2 SCC 534
- KK Modi v. K.N. Modi and ors. (1998) 3 SCC 573
- NTPC v. Siemens Atkeingesellschaft (2007) 4 SCC 451
CO PO Mapping
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH611 | Commercial Arbitration: Theory and Doctrine | CO1 | 3 | 3 | 2 | 3 | 2 | 3 | – | – | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 3 | – | – | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | – | – | 2 | 1 | 3 | – | – | ||
CO4 | 3 | 3 | – | – | – | 3 | 2 | 1 | 3 | – | – |
Course Title/ Code | Commercial Arbitration: Practice and Procedure – I (LWH612) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/ Skill Development/ Entrepreneurship) | ||
CO1 | Conduct the arbitration proceedings, as an arbitrator and/or as counsel in a commercial dispute. | EMPLOYABILITY | |
CO2 | Interpret and understand the substantive dispute and represent hte parties in arbitration proceedings. |
EMPLOYABILITY | |
CO3 | advise and counsel the client on the procedure of arbitration with respect to the dispute, evidence, testimony, oral hearings and awards in a commercial dispute. |
Skill development | |
CO4 | offer pre-arbitration and post-arbitration counseling, aid and advise to the client. | Skill development | |
Prerequisites if any |
MODULE I
Arbitral Tribunal (Contact Hours 10)
- Status of Arbitral Tribunal;
- Composition; Appointment; Qualifications;
- Impartiality;
- Jurisdiction; Powers and Duties
MODULE II
Commencement of Arbitration (Contact Hours 10)
- Commencement of arbitration;
- Reference to arbitral Tribunal & terms of reference; procedural directions.
MODULE III
Conduct of Arbitration (Contact Hours 10)
- Conduct of arbitration proceedings:
- Initiating arbitration,
- Constituting the tribunal,
- Establishing terms of reference, submission of testimony, discovery, hearings, and awards
MODULE IV
Proceedings of Arbitration (Contact Hours 10)
- Conduct of Proceedings; Fair Trial;
- The Challenge Procedure;
- Termination of Arbitrator;
- Appeals.
Reference Material
-
- B S Patil, The Law of Arbitration and Conciliation (2008) Fifth Edition :
- CR Datta, Law of Arbitration and Conciliation (Including Commercial Arbitration), (2007), LexisNexis,
- Halsbury’s Annotated Statutes of India Volume 1 – Arbitration, LexisNexis, (2008),
- Joharis, Commentary on Arbitration and Conciliation Act, 1996 in 2 vols. Kamal Law House, (2008)
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH612 | Commercial Arbitration: Practice and Procedure I | CO1 | 3 | 3 | 2 | 3 | 3 | 3 | – | 1 | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 3 | 3 | – | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | – | – | 2 | – | 3 | – | – | ||
CO4 | 3 | 3 | 2 | 3 | 3 | 3 | 2 | – | 3 | – | – |
SEMESTER- II
Course Code | Course Name | Course Type (Deptt- Allied/Core/Elective/Audit) | Structure | Credits | ||
---|---|---|---|---|---|---|
L | T | P | ||||
LWH632 | Corporate Finance | CORPORATE LAW | 2+2+2+2 | 0
0 0 0 |
0
0 0 0 |
2+2+2 + 2 |
LWH633 | Insolvency and Bankruptcy Law | CORPORATE LAW | ||||
LWH634 | Corporate Mergers and Acquisitions | CORPORATE LAW | ||||
LWH635 | Competition Law | CORPORATE LAW | ||||
LWH644 | Socio-Economic Offences | CRIMINAL LAW | ||||
LWH647 | Gender in Criminal Law | CRIMINAL LAW | ||||
LWH648 | National Security Laws and Fundamental Rights | CRIMINAL LAW | ||||
LWH649 | International Criminal Law | CRIMINAL LAW | ||||
LWH613 | Commercial Arbitration: Practice and Procedure II | COMMERCIAL ARBITRATION | ||||
LWH614 | International Commercial Arbitration: Principles and Practice | COMMERCIAL ARBITRATION | ||||
LWH615 | Institutional Arbitration | COMMERCIAL ARBITRATION | ||||
LWH616 | Construction Arbitration | COMMERCIAL ARBITRATION | ||||
LWH604 | Dissertation | 0 | 0 | 0 | 4 | |
Semester Credits(L-T-P/Credits) | 12 | 0 | 0 | 12 |
SEMESTER II
COMMERCIAL LAW SPECIALIZATION
Course Title/ Code | Corporate Finance – I (LWH632) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Objectives | The objective of this paper is (i) To understand the economic and legal dimensions of corporate finance in the process of industrial development in establishing social order in the context of constitutional values; (ii) To acquaint the students with the normative, philosophical and economic contours of various statutory rules relating to corporate finance; (iii) To acquaint the students with the organisation, functions, lending, and recovery procedures, conditions of lending and accountability of international national and state financing institutions and also of commercial banks. |
||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/ Skill Development/ Entrepreneurship) | ||
CO1 | suggest the client company on type, source and conditions of capital for the venture | Skill development | |
CO2 | advise on the nuances of debt equity ratio | Skill development | |
CO3 | counsel on capital restructuring with respect to conditions and methods | Skill development | |
CO4 | identify and propose the ways and measures of investor protection to a company | Skill development | |
CO5 | give opinion on the legal framework applicable to raising external capital | Skill development | |
Prerequisites if any |
MODULE 1
Introduction to the Corporate Finance (Contact Hours – 12)
- Introduction
- Equity finance
- Debit Finance
MODULE 2
Conservation of Corporate Finance (Contact Hours – 12)
- Conservation of Corporate Finance
- Protection of Creditors
MODULE 3
Investor Protection (Contact Hours – 12)
- Protection of Investors
- Corporate Fund Raising
MODULE 4
Corporate Fund Raising and Regulations (Contact Hours – 12)
- Administrative Regulation on Corporate Finance
- Relevant leading case studies
Reference Material
- A. Ramaiya, Guide to the Companies Act 1998 (Vol. I, II and III)
- Alastair Hundson, The Law on Financial Derivatives 1998 (Sweet & Maxwell)
- Eil’s Ferran, Company Law and Corporate Finance, Oxford (1999)
- Gilbert Harold, Corporation Finance 1956.
- H.A.J. Ford and A.P. Austen, Fords’ principle of Corporations Law 1999 (Butterworths)
- Henry E. Hoagland, Corporation Finance 1947.
- J.H. Farrar and B.M. Hanniyan, Farrar’s company Law 1998 (Butterworths)
- Maryin M. Kristein, Corporate Finance 1975
- R P Austen, The Law of Public Company Finance 1986.
- R.C. Osborn, Corporation Finance 1959.
- R.M. Goode, Legal Problems of Credit and Security 1988 (Sweet and Maxwell)
- V.G. Kulkami, Corporate Finance (1961)
- Y.D. Kulshreshta, Government Regulation of Financial management of Private Corporate Sector in India (1986)
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH632 | Corporate Finance | CO1 | 3 | 1 | 1 | 3 | 2 | 3 | 2 | 1 | 3 | – | – |
CO2 | 3 | 2 | 2 | 3 | 3 | 2 | – | – | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | 3 | 3 | – | – | 3 | – | – | ||
CO4 | 3 | 3 | 3 | 3 | – | – | – | – | 3 | – | – | ||
CO5 | 3 | 1 | 1 | 2 | 2 | – | – | – | – | – | – |
Course Title/ Code | Insolvency and Bankruptcy Law (LWH633) |
Course Type: | Core (Departmental) |
Course Nature: | Hard |
L-T-P-O Structure | (2-0-0) |
Objectives | This course concerns the law and finance of corporate bankruptcy with an emphasis on reorganization. This basic bankruptcy course covers the major facets of bankruptcy that influence business financing transactions. |
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | |
---|---|---|
CO1 | Apply the provisions of relevant laws to corporate debt restructuring | Skill development |
CO2 | Counsel on bankruptcy procedure in cases of coporate insolvency | Skill development |
CO3 | Take up cases relating to corporate insolvency in the court of law | Skill development |
Prerequisites if any |
MODULE 1
The fundamentals of debt contracting (Contact Hours – 8)
- Insolvency – Concepts and Evolution
- Introduction to Insolvency and Bankruptcy Code
- Corporate Insolvency Resolution Process
- Insolvency Resolution of Corporate Persons
MODULE 2
The Bankruptcy Process (Contact Hours – 8)
- Resolution Strategies
- Fast Track Corporation Insolvency Resolution Process
- Liquidation of Corporate Person
- Voluntary Liquidation of Companies
MODULE 3
Corporate Debt Restructuring and other options (Contact Hours – 8)
- Adjudication and Appeals for Corporate Persons
- Debt Recovery and Securitization
- Winding-Up by Tribunal
- Cross Border Insolvency
MODULE 4
Cross-border bankruptcies (Contact Hours – 8)
- Insolvency Resolution of Individual and Partnership Firms
- Bankruptcy Order for Individuals and Partnership firms
- Bankruptcy for Individuals and Partnership Firms
- Fresh Start Process
- Professional and Ethical Practices for Insolvency Practitioners
Reference Materials
- Bare Act – Insolvency and Bankruptcy Act 2017
- Brian A. Blum, Bankruptcy and Debtor/Creditor: Examples and Explanations (Examples & Explanations)2006.
- Bruce G. Carruthers and Terence C. Halliday, Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States 1998.
- Grant W. Newton and Robert Liquerman, Bankruptcy and Insolvency Taxation, 2008
- Grant W. Newton, Corporate Bankruptcy: Tools, Strategies, and Alternatives 2003.
- Ian Ratner, Grant T. Stein, and John C. Weitnauer, Business Valuation and Bankruptcy (Wiley Finance) 2009.
- Irene Lynch-Fannon, Corporate Insolvency and Rescue 2010.
- John R. Cornell, Employee Benefits and Executive Compensation in Corporate Bankruptcy: A Collier Monograph, 2008.
- Lynn M. LoPucki and Joseph W. Doherty, Professional Fees in Corporate Bankruptcies: Data, Analysis, and Evaluation 2011.
- Mark J. Roe, Bankruptcy and Corporate Reorganization: Legal and Financial Materials 2007.
- Mark S. Scarberry,Business Reorganization in Bankruptcy: Cases and Materials 2006.
- Mike Wheeler and Roger Oldfield, International Corporate Recovery Procedures 2002.
- Professor Sir Roy Goode and Robert Stevens, Goode on Principles of Corporate Insolvency Law 2011.
- Rizwaan Jameel Mokal, Corporate Insolvency Law: Theory and Application 2005.
- Thomas J. Salerno, Executive Guide to Corporate Bankruptcy 2010.
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH633 | Insolvency and Bankruptcy Law | CO1 | 3 | 3 | 1 | 3 | 3 | 2 | – | – | 3 | – | – |
CO2 | 3 | 3 | 3 | 3 | – | – | 2 | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 3 | 3 | 3 | 2 | – | – | 3 | – | – |
Course Title/ Code | Corporate Mergers and Acquisitions (LWH634) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Objectives | The purpose of the paper is to consider the substance, form, and mechanics of corporate mergers, acquisitions, and reorganizations. It also explores generally the tax, S.E.C., accounting, and successor liability considerations. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/ Skill Development/ Entrepreneurship) | ||
CO1 | Differentiate between different modes of corporate restructuring; | Skill development | |
CO2 | Find and apply the laws governing corporate restructuring; | Skill development | |
CO3 | Give advise to the companies on the regulatory mechanisms regarding takeovers; | Skill development | |
CO4 | Represent the parties in the court of law on matter of mergers and acquisitions;. | Skill development | |
Prerequisites if any |
MODULE 1
Introduction to Corporate Restructuring (Contact Hours – 6)
- The substance, form, and mechanics of corporate mergers, Acquisitions, and Reorganizations
- Theory, Reasons and Factors responsible for M&A
- Other Restructuring options
MODULE 2
Regulations of Mergers & Acquisitions (Contact Hours – 14)
- Legal regime in India
- Companies Act, Takeover Code, Competition Law; Other Relevant Acts and Regulations (Such as Merger Review Provisions; regulations relating to Disclosure; Insiders Trading regulations etc
- Comparative legal regulatory regime in US, EU/ UK and Australia
MODULE 3
Other Aspects of Mergers and Acquisitions (Contact Hours – 8)
- Company Valuation
- Due Diligence
- Merger Agreements
- Takeover Defenses
MODULE 4
Other Aspects of Mergers and Acquisitions (Contact Hours – 10)
- Directors
- Accountants
- Solicitors
- Regulators (NCLT, SEBI, CCI and other Sectoral Regulators)
- Merchant Bankers
- Other Specialists such as Actuaries, Surveyors, Environmental Consultants
Reference Material
-
- “Directors’ Duties in Response to Hostile Takeover Bids” 14(12) International Company and Commercial law Review 370-377 (2003)
- Anthony F. Buono and James L. Bowditch, The Human Side of Mergers and Acquisitions: Managing Collisions Between People, Cultures, and Organizations 2003.
- Arthur Fleischer and Alexander R. Sussman, “Directors’ Fiduciary Duties in Takeover and Mergers” 31st Annual Securities Regulation Institute (Jan. 21-23, 2004)
- Atreya Chakraborty and Richard, “Takeover Defenses and Dilution: A Welfare Analysis” 36(3) The Journal of Financial and Quantitative Analysis 311-334 (Sep., 2001)
- Carney and William J. Carney, Mergers & Acquisitions: The Essentials 2009 (Wolters Kluwer)
- Carol Yeh-Yun Lin, Yu-Chen Wei, “The Role of Business Ethics in Merger and Acquisition Success: An Empirical Study” 69(1) Journal of Business Ethics 95-109 (Nov., 2006)
- Carolyn Carroll, John M. Griffith and Patricia M. Rudolph, “Hostile vs. White Knight Bidders” 20 Managerial and Decision Economics 163-171 (1999)
- Dana VachonMergers and Acquisitions: A Step-by-Step Legal and Practical Guide by Edwin L. Miller2008.
- David Austen-Smith and Patricia C. O’Brien, “Takeover Defenses and Shareholder Voting” 59(2) Economica 199-219 (May, 1992)
- Dennis J. Roberts, Mergers & Acquisitions: An Insider’s Guide to the Purchase and Sale of Middle Market Business Interests 2009.
- Donald M. DePamphilis, Mergers, Acquisitions, and Other Restructuring Activities, Fifth Edition: An Integrated Approach to Process, Tools, Cases, and Solutions (Academic Press Advanced Finance Series) 2009.
- Edward F. Greene, James J. Junewicz, “A Reappraisal of Current Regulation of Mergers and Acquisitions” 132(4) University of Pennsylvania Law Review 647-739 (Apr., 1984)
- Enrique R. Arzac, Valuation: Mergers, Buyouts and Restructuring 2007.
- George D. Gibson, Thomas J. Campbell, “Fundamental Law for Takeovers” 39 The Business Lawyer 1551 (1984)
- George E. Pinches, “Financing Corporate Mergers and Acquisitions with Convertible Preferred Stock” 23(5) The Journal of Finance 897-898 (Dec., 1968)
- J. A. Hornby, “Class Membership in a Company’s Scheme of Arrangement” 39(2) The Modern Law Review 207-210 (Mar., 1976)
- Jean-Pierre Labroue, “Directors’ Fiduciary Duties in Hostile Takeovers and the ‘JUST SAY NO’ Defense” 7 International Business Law Journal 821-835 (1995)
- John Birchall, “Duties of Good Faith in Commercial Joint Ventures? Contractual Duties, fiduciary Duties and Shareholders’ Remedies” Journal of Business Law 269-285 (May 2005)
- John C. Coates , “Explaining Variation in Takeover Defenses: Blame the Lawyers”89(5) California Law Review 1301-1421(Oct., 2001)
- Joshua Rosenbaum, Joshua Pearl, and Joseph R. Perella, Investment Banking: Valuation, Leveraged Buyouts, and Mergers and Acquisitions (Wiley Finance) (2009)
- Kenneth C. Johnsen, “Golden Parachutes and the Business Judgment rule: Towards a Proper Standard of Review” 94 Yale Law Journal 909 (1985)
- Kevin K. Boeh and Paul W. Beamish Mergers and Acquisitions: Text and Cases 2006 (The Ivey Casebook Series)
- Michael E. S. Frankel, Mergers and Acquisitions Basics : The Key Steps of Acquisitions, Divestitures, and Investments (2005)
- Michael Watkins, Harvard Business Review on Mergers & Acquisitions (2001)
- Mitchell Lee Marks and Philip H. Mirvis,Joining Forces: Making One Plus One Equal Three in Mergers, Acquisitions, and Alliances (2010)
- Nagesh Kumar, “Mergers and Acquisitions by MNEs: Patterns and Implications” 35(32) Economic and Political Weekly 2851-2858 (Aug. 5-11, 2000).
- Patricia H. Werhane “Two ethical issues in mergers and acquisitions” 7(1/2) Journal of Business Ethics 41-45 (1998)
- Patrick A. GaughanMergers, Acquisitions, and Corporate Restructurings (2010)
- Raghav Sharma and Rajeev Vidhani, “Law Relating to Cross-Border Mergers under Companies Act, 1956”
- Robert F. Bruner and Joseph R. Perella Applied Mergers and Acquisitions (Wiley Finance) (2004)
- Robert F. Bruner and Arthur Levitt Jr., Deals from Hell: M&A Lessons that Rise Above the Ashes (2009)
- Shaun J. Mathew, “Hostile Takeovers in India: New Prospects, Challenges and Regulatory Opportunities” 3 Columbia Business law Review 800 (2007)
- Stephen M. Bainbridge, “Director Primacy in Corporate Takeovers: Preliminary Reflections” 55 Stanford law Review 791 (Dec. 2002)
- Stephen M. Bainbridge, Mergers and Acquisitions (University Textbook Series) (2008)
- Steven M. Bragg, Mergers and Acquisitions: A Condensed Practitioner’s Guide (2008)
- Therese H. Maynard, Mergers and Acquisitions: Cases, Materials, and Problems (2008)
- Vineet Aneja, “Cross Border M & A in India” 19 International Law Practicum 53 (Spring 2006)
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH634 | Corporate Mergers and Acquisitions | CO1 | 3 | 3 | 2 | 3 | 3 | – | – | – | 3 | – | – |
CO2 | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | – | – | ||
CO3 | 3 | 3 | 2 | 3 | 1 | – | – | 1 | 3 | – | – | ||
CO4 | 3 | 3 | 2 | 3 | 2 | 2 | – | – | – | – | – |
Course Title/ Code | Competition Law (LWH635) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Objectives | Students will be able to understand the basic economic concepts of Competition, Law and jurisprudence developed through case law. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Explain the economic principles behind competition and relevant laws; | Skill development | |
CO2 | Apply the law to different forms of competition issues; | Skill development | |
CO3 | Counsel, advise and represent the parties on matters involving competition law violations; | Skill development | |
CO4 | Write and publish research articles and opinions on contemporary issues in Competition law | Skill development | |
Prerequisites if any |
MODULE 1
Fundamentals of Competition (Contact Hours 6)
- Basic economic and legal principles;
- Restraint of Trade under Indian Contract Act; Monopolistic & Restrictive Trade Practices
- Evolution of Competition Law in India
MODULE 2
Anti-Competitive Agreement (Contact Hours 12)
- Horizontal Agreements
- Vertical Agreements
- Exceptions
MODULE 3
Abuse of Dominant position & Combinations (Contact Hours 14)
- Dominant Position
- Abusive Practices
- Protection of consumers
- Combinations (Mergers and Acquisitions)
MODULE 4
Competition Authorities (Contact Hours 8)
-
- Competition Commission of India
- Structure and function of CCI;
- regulatory role
- Competition Appellate Tribunal
- Composition, Functions, Powers and Procedure;
- Award Compensation;
- Power to punish for contempt;
- Execution of orders
Reference Material
- A.E. Rodrigues, Ashok Menon, The limits of Competition Policy, the shortcomings of Economics 2018
- Dr. R.K. Singh, Restriction Trade Practices and Public Interest 2017
- K.S. Anantaranan, Lectures on Company Law and MRTP 2016
- Report of the Monopolies Inquiries Commission, Govt. of India 1965 (Dr. Hazari Report)
- S.M. Dugar’s MRTP Law, Competition Law and Consumer Protection 2018
- Sachar Committee Report, High Powered Committee on MRTP Act & Company Act, 1980
- Suzanne Rab, Indian Competition Law- An International Perspective 2015
- Taxmann’s competition Law and Practice
- Versha Vahini, Indian Competition Law (Lexis Nexis 2020)
CO PO Mapping
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PS02 |
LWH635 | Competition Law | CO1 | 3 | 3 | 2 | 3 | – | – | – | 1 | 3 | – | – |
CO2 | 3 | 3 | 3 | 3 | 3 | 1 | 2 | 1 | 3 | – | – | ||
CO3 | 3 | 3 | 2 | 3 | 2 | – | – | – | 3 | – | – | ||
CO4 | 3 | 3 | 2 | 3 | 3 | 3 | – | – | 3 | – | – |
CRIMINAL LAW SPECIALIZATION
Course Title/ Code | Socio-Economic Offences (LWH644) | ||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Objectives | Understanding the emergence of concept of socio economic offences, multifarious ways in which these crimes may be committed, grasp and analyse the existing legal frameworks as to their investigation, prosecution and judicial approach towards it. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Describe the evolution of socio-economic offenses and their relationship with white-collar crimes and other professional crimes etc. | EMPLOYABILITY | |
CO2 | To identify and interpret the relevant domestic legislation and international instruments dealing with human trafficking and illicit drug trafficking. | Skill development | |
CO3 | Advice the clients on the appropriateness of the forums /courts in matters of corruption. | Skill development | |
CO4 | Able to apply the provisions of Money Laundering Act,2002 to relevant case laws in a real life given situation. | Skill development | |
Prerequisites if any |
MODULE I
Introduction to Socio- Economic Offences
- Concept and Evolution of ‘Socio-Economic Offences.’
- Nature and Extent of Socio-Economic Offences.
- Mens Rea, Nature of Liability, Burden of Proof and Sentencing Policy.
- White Collar Crime: Definitional issues; Sutherland’s definition of white-collar crime,
- Various types of white-collar crime, Relationship with other types of crimes, Blue collar crime, corporate crime, organized transnational crime, occupational crime
- 47th Law Commission Report – The Trial and Punishment of Social and Economic Offences.
MODULE II
The Immoral Traffic (Prevention) Act, 1956
- History, Development and Magnitude of Human Trafficking Constitutional Provisions and Sections 370-373 of the Indian Penal Code, 1860
- The 64th report of the Law Commission of India, 1975
- The Immoral Traffic (Prevention) Act, 1956
The Narcotic Drugs and Psychotropic Substances Act, 1985
- Definition of Narcotic Drugs and Psychotropic Substances
- Authorities and officers section 4, 6
- National Fund for Control of Drugs Abuse Section 7A
- Prohibition Control and Regulation, Section8, 9, 9A
- Offences and Penalties, Section 18, 19, 21, 22, 25A, 27, 27A, 30, 31, 31A, 32, 32A, 33, 35, 36, 36A, 37, 39.
- Procedure and Immunities: Section 41- 50, 64, 64A, 69
The Prevention of Corruption Act, 1988
- Need of the Act (read with Santhanam Committee Report)
- Definitions of ‘public servant,’ Section 2 (c) and ‘gratification,’ Section 7.
- Offence committed by public servant and bribe giver and their Penalties (Section 7 to 14)
- Punishment for attempts (Section 15)
- Sanction for prosecution (Section 19 r/w Section 197 of the Code of Criminal
- Procedure, 1973) Presumption where public servant accepts gratification (Section 20)
MODULE III
Laws and Regulations for White Collar Offences (Contact Hours- 15)
-
- The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- The Protection of Women from Domestic Violence Act, 2005
- The Food Safety and Standards Act, 2006
- The Prevention of Corruption Act, 1988
MODULE IV
The Prevention of Money-Laundering Act, 2002
- Need for combating Money-Laundering
- Magnitude of Money-Laundering, its steps and various methods
- Definition of ‘Money Laundering’, Section 3 & 2(1)(p)
- Punishment for Money Laundering (Section 4)
- Enforcement: Attachment (Section 5) Survey, Search, & Seizure (Sections 16, 17 & 18)
- Power to arrest and bail provisions (Sections 19,45)
Reference Material
- Ahmed Siddiqui, Criminology: Problems and Perspectives (4th Ed., 1997)
- Mahesh Chandra, Socio- Economic Offences (1979)
- Jack Bologna, Corporate Fraud 1984 (Butterworth Publishers)
- J.S.P. Singh, Socio- Economic Offences (1st Ed., 2005, Reprint 2015)
- Kumar (Revised by Justice A.B. Srivastava and C.S. Lal), Commentaries on Prevention of Food Adulteration Act, 1954 (3rd Ed., 2009)
- Bhure Lal, Money Laundering: An insight into the dark world of Financial Frauds 2003 (Siddharth Publications)
- Lawyers Collective (Ed. by Indira Jaising), Handbook on Law of Domestic Violence (1st Ed., 2009)
- M. C. Mehanathan, Law on Prevention of Money Laundering in India 2014.
- Mahesh Chandra, Socio- Economic Offences 1979.
- H.L. Mansukhani, Smuggler’s Paradise and Foreign Exchange Law 1978 (Vikas Publishing)
- Frederick Oughton, Fraud and White collar crime 1971 (Eleck Bock Ltd.,)
- P.S. Narayan, Commentary on Immoral Traffic Prevention Act, 1956 (2nd Ed., 2013)
- Jonathan Reuvid, The Regulation and prevention of Economic Crime 1995.
- Seth and Capoor, Prevention of Corruption Act (3rd Ed., 2000)
- T.V. Nawal, Legally Combating Atrocities against SC and ST 2004.
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH644 | Socio-Economic Offences | CO1 | 3 | 3 | 2 | 3 | 3 | 1 | – | – | 2 | 2 | 2 |
CO2 | 3 | 2 | 3 | 3 | 3 | 2 | – | 3 | 2 | 2 | 2 | ||
CO3 | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | 3 | 3 | ||
CO4 | 3 | 3 | 2 | 3 | 3 | 3 | 3 | – | – | 3 | 3 |
Course Title/ Code | GENDER IN CRIMINAL LAW (LWH647) | ||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Demonstrate understanding of theoretical insights of approaches to gender and sexuality | EMPLOYABILITY | |
CO2 | Discuss and deliberate on the issues of gender discrimination in India | EMPLOYABILITY | |
CO3 | Critically examine the legal provisions of Criminal Law through a gender-sensitive lens | Skill development | |
CO4 | Analyse the contemporary trend in recognition of the rights of LGBTQ+ people | Skill development | |
Prerequisites if any |
MODULE I
Gender Mainstreaming and Law (Contact Hours – 10)
- Broader concept of gender equality –
- What is gender justice
- Difference between Sex and Gender
- Need for Gender Sensitization
- Gender justice and feminist jurisprudence-
- Understanding Patriarchy and Matriarchy.
- Waves of feminism
- International Framework
- Civil, Political, Social and Cultural rights,
- International Instruments
MODULE II
Gender Identity and Equality (Contact Hours – 10)
- Deconstructing Man, Woman & Other
- Freedom of expression and right to sexual identity.
- Legal protection for the LGBTQIA+ people.
- Human rights and sexual discrimination.
- Homophobia, Transphobia, Biphobia
MODULE III
Sexuality and Morality in Laws (Contact Hours – 10)
- Public Decency & Morality
- Rape Laws, Marital rape, Sexual assault
- Cruelty, Dowry, Domestic Violence
- Immoral Trafficking and Forced Prostitution
- Female Foeticide, Gender Mutilation
Reference Material
-
- Cook, Rebecca J., ed. Human rights of women: National and international perspectives. University of Pennsylvania Press, 2012.
- Grabe, Shelly, ed. Women’s Human Rights: A Social Psychological Perspective on Resistance, Liberation, and Justice. Oxford University Press, 2017. Ross, S. D. Women’s human rights: the international and comparative law casebook / S. D. Ross. – Philadelphia: University of Pennsylvania Press, 2008.
- Charlesworth, H. (2005). Not waving but drowning: Gender mainstreaming and human rights in the United Nations. Harv. Hum Rts. J., 18, 1.
- MacKinnon, C. A. (1991). Reflections on sex equality under law. Yale Law Journal, 100 (5), 1281-1328.
- Kamla Bhasin, What is Patriarchy, Kali/Women Unlimited (2004) (Provided in reading material)
- Ved Kumari, ― Gender Analyses of Indian Penal Code‖ in Amita Dhanda, Archana Parashar (ed) ENGENDERING LAW Essays in Honour of Lotika Sarkar, pp.139-160 (1999). Eastern Book Company.
- Usha Tandon and Sidharth Luthra, ―Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law”, FICHL Policy Brief Series No. 51 (2016)
- Sunita Kishor and Kamla Gupta. 2009. Gender Equality and Women’s Empowerment in India. National Family Health Survey (NFHS-3), India, 2005-06. Mumbai: International Institute for Population Sciences; Calverton, Maryland, USA: ICF Macro
- Lotika Sarkar, ―Women’s Movement and the Legal Process‖ Occasional Paper 24, CWDS,
- Usha Ramanathan, ―Images (1920-1950) Reasonable Man, Reasonable Woman and Reasonable Expectations‖ in Amita Dhanda, Archana Parashar (ed) ENGENDERING LAW, 4 pp. 33-70 (1999). Eastern Book Company
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH647 | Gender in Criminal Law | CO1 | 2 | 3 | 2 | 3 | 2 | – | – | 2 | 3 | 2 | 2 |
CO2 | 3 | 3 | 3 | 2 | 3 | – | – | 3 | 3 | 2 | 2 | ||
CO3 | 2 | 2 | 2 | 2 | 3 | 3 | 2 | – | – | 2 | 2 | ||
CO4 | 2 | 3 | 3 | 3 | 2 | 3 | 2 | – | – | 2 | 2 |
Course Title/ Code |
NATIONAL SECURITY LAWS & FUNDAMENTAL RIGHTS (LWH648) |
||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Objectives | The aim of this course is to develop an understanding of the current status of national security laws in India vis-a-vis various facets of fundamental rights and their impacts. The course also covers India and other jurisdiction on issues of human rights. | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | analyse the relationship between national security and fundmental rights | EMPLOYABILITY | |
CO2 | Describe the evolution and abolition of various security legislation in India | EMPLOYABILITY | |
CO3 | Explain the use and abuse of security legislations and various constitutional safeguards against arbitrary state actions in the name of national security | EMPLOYABILITY | |
CO4 | Examine human rights concern, wrongful prosecutions, pendency, delay in national security cases | Skill development | |
Prerequisites if any |
MODULE I
Basics of National Security Laws (contact hours- 5)
- National Security, Public Orders and Rule of Law
- Civil Liberties
- Concept of Fundamental Rights relation with Natural rights
- Security Laws in India: AFSPA,TADA,POTA, MISA, PDA,UAPA,NSA Act NIA,IT Act 2000
MODULE II
Arrest, Preventive Detention & National Security -Art 22 (contact hours-5)
- Constitutional safeguard against Arbitrary Arrest and Detention
- Preventive Detention Laws with Prevention of Terrorism Act
- Use and abuse of terror laws
- Human Rights concern, law reforms
MODULE III
Right to Freedom, Information, Right to Life & Personal Liberty –Art 22 (contact hours-5)
- Protection of Life and Personal Liberty, Object and scope of Art 21
- Six fundamental freedoms under Art.19
- Reasonable Restrictions Art 19 (2) to (6); Test to determine the Reasonableness of Restrictions; whether restriction includes deprivation and prohibition.
- Rights of accused; Doctrine of Ex-post -facto law; Doctrine of Double Jeopardy
MODULE IV
Institutions on Security laws (contact hours-5)
- India and other jurisdictions
- Constitutionality, other human rights issues
- Declaration of terrorist-UNSC, UAPA Amendment Act 2019
- Wrongful prosecutions, pendency, delay in national security cases.
Books & References:
- D.D. Basu, Commentaries on Constitutional Law of India, Vol. A to E
- DJ De: Constitution of India
- G.O.Koppell, The Emergency, The Courts and Indian Democracy 8 JILI 287 (1966).
- Granville Austin: The Indian Constitution: Cornerstone of a Nation
- H.M. Seervai, Constitutional Law of India Vol. I &II
- H.M.Seervai, The Emergency, Future Safeguards and the Habeas Corpus, 1978.
- International Commission of Jurists, Status of Emergency and Human Rights , 1984
- M. Hidayatullah (Ed.), Constitution of India.
- M.P.Jain, Indian Constitutional Law.
- Mahendra P. Singh: V. N. Shukla’s Constitution of India
- MC Kagzi: Constitutional Law Vol. I & II
- N.C.Chatterji and Parameshwar Rao, Emergency and the Law, 1966.
- Pande G S Constitutional law of India
- Pylee M.V Our constitution government & politics
- Saharay H K Constitution of India
- Subba Rao G C V Indian constitutional law
- Subhash C Jain, The Constitution of India
- Tope T K Constitutional law of India
- V.N.Shukla , Constitution of India
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH648 | National Security Laws and Fundamental Rights | CO1 | 3 | 3 | 2 | 3 | 1 | 1 | – | – | 2 | 3 | 3 |
CO2 | 3 | 3 | 1 | 1 | 1 | – | – | – | 1 | 2 | 2 | ||
CO3 | 3 | 3 | 3 | 2 | 2 | – | 2 | 3 | – | 3 | 2 | ||
CO4 | 3 | 3 | 3 | 2 | 2 | – | 2 | 3 | – | 3 | 2 |
Course Title/ Code | INTERNATIONAL CRIMINAL LAW (LWH649) | ||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/ Skill Development/ Entrepreneurship) | ||
CO1 | Understand the concept, sources and nature of international criminal law | EMPLOYABILITY | |
CO2 | Explain the typology of international crimes including, Genocide aggression, crimes against humanity and war crimes. | EMPLOYABILITY | |
CO3 | Evaluate the jurisdiction and working of international criminal court and tribunals | Skill development | |
CO4 | Identify the actor for fixing criminal liability and responsibility of international crimes | Skill development | |
Prerequisites if any |
MODULE I
Introduction (Contact Hours – 8)
- Evolution of International Criminal Law
- The concept and sources of International Criminal Law
- Paris Conference and Treaty of Versailles
- International Military Tribunals – Nuremberg and Tokyo
MODULE II
International Crimes (Contact Hours – 8)
- Crime of Aggression
- Crimes against humanity – murder, torture, slavery, apartheid etc.
- War crimes and Geneva conventions
- Genocide
MODULE III
Criminal Responsibility (Contact Hours – 8)
- State Responsibility
- Individual Criminal Responsibility
- Superior Responsibility
- Defences
MODULE IV
International Justice System (Contact Hours – 8)
- International Criminal Court- Analysis of structure, procedure and cases
- Obligation of State Parties and Non-Party States to International Criminal Court
- Hybird Courts
- Ad-hoc Tribunals
Reference Material
- Bassioni, M., C. (ed.) The Legislative History of International Criminal Court, Ardsley, Transnational Publishers, 2003.
- Cassese, A. International Criminal Law, Oxford, Oxford University Press, 2008.
- International Criminal Law: Cases and Commentary (Paperback) By (author) Antonio Cassese, By (author) Guido Acquaviva, By Mary De Ming Fan, Alex Whiting
-
- James Crawford and Martti Koskenniemi (eds), Cambridge Companion to International Law (Cambridge University Press, 2012); or
- Martin Dixon, Textbook on International Law, 7th ed (Oxford University Press, 2013) (paying particular attention to chapters 1 (nature of international law), 2 (sources of international law), 4 (international law and national law), and 6 (jurisdiction));
- Philippe Sands, From Nuremberg to the Hague: The Future of International Criminal Justice, Cambridge University Press, 2003
- Robert Cryer, et al., International Criminal Law and Procedure, Cambridge, Cambridge University Press, 2010.
- Schabas, W., An Introduction to International Criminal Court, Cambridge, Cambridge University Press, 2010.
- The International Criminal Court: Challenges to Achieving Justice and Accountability in the 21st Century by Mark S. Ellis; Richard J. Goldstone. International Debate Education Association, 2008.
- Vaughan Lowe, International Law (Clarendon Press, 2007).
CO PO MAPPING
Course | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH649 | International Criminal Law | CO1 | 3 | – | 2 | 1 | 1 | 2 | – | 2 | – | 2 | 1 |
CO2 | 2 | 1 | 2 | 2 | 2 | 2 | 1 | 2 | – | 1 | 1 | ||
CO3 | 2 | 1 | 1 | 2 | 2 | 2 | 1 | 2 | 1 | 1 | – | ||
CO4 | 3 | 2 | 2 | 2 | 2 | 2 | 1 | 1 | 1 | 1 | – |
COMMERCIAL ARBITRATION SPECIALIZATION
Course Title/ Code | Commercial Arbitration: Practice and Procedure – II (LWH613) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Conduct the arbitration proceedings, as an arbitrator and/or as counsel in a commercial dispute. | EMPLOYABILITY | |
CO2 | Interpret and understand the substantive dispute and represent the parties in arbitration proceedings. | EMPLOYABILITY | |
CO3 | Advise and counsel the client on the procedure of arbitration with respect to the dispute, evidence, testimony, oral hearings and awards in a commercial dispute. | Skill development | |
CO4 | Offer pre-arbitration and post-arbitration counseling, aid and advise to the client. | Skill development | |
Prerequisites if any |
MODULE I
Arbitration Awards (Contact Hours 10)
-
- Form and Content (S. 31 &32);
- Award on Agreed Terms (S.30);
- Time Limit for passing an Award (S.29A);
- Cost that could be awarded (S.31A)
- Types of awards (S. 33);
- Effect of a valid Award (S.35);
- Award and third Parties.
MODULE II
Challenge of Arbitral Awards (Contact Hours 10)
- Enforcement of a valid Award (S.36);
- Challenging an Award (S.34):
- Incapacity of the Parties;
- Invalidity of the agreement;
iii. Invalid notice of arbitration;
- Inability to present the case;
- Award beyond the terms contemplated;
- Proceedings contrary to the agreement;
vii. Subject matter incapable of settlement;
viii. In violation of public policy of India:
- Fraudulently procured;
- In violation of confidentiality;
- In contravention of fundamental policy of Indian Law;
- In conflict with the most basic notions of morality or justice;
- Not amounting to a review on merit of the dispute.
- If vitiated by patent illegality appearing on the face of the record [S.34(2A)];
- But not on the ground of erroneous application of law [S.34(2A)];
- Nor by reappreciation of evidence [S.34(2A)];
- Recourse to National Courts; International Awards;
- To be made within 3 months of the disposal of a request made u/Sec. 33;
- Evidence available [S.34(1)]
- Time limit for disposing of the challenge petition.
MODULE III
Enforcement of Arbitration Award (Contact Hours 10)
- Enforcement of Awards (S.36);
- Limited Appeals (S.37).
MODULE IV
Recognition or enforcement of foreign arbitral awards(Contact Hours 10)
- Foreign Award- meaning
- The International Conventions for recognition and enforcement of arbitral awards
- Reciprocity and Commercial Reservation
- Indian law- Scope and Applicability
- Recognition and enforcement of annulled awards
Reference Material
- Ashwinie Kumar Bansal, International Commercial Arbitration – Practice and Procedure (Enforcement of Foreign Awards – Covering more than 75 Countries), Universal Law Publication Co. Pvt. Ltd, 1st ed. (2014).
- Avtar Singh, Law of Arbitration and Conciliation, Eastern Book Company, 2013(10th Edition)
- B S Patil,The Law of Arbitration and Conciliation (2008) Fifth Edition :
- Chawla, S.L. Law Of Arbitration and Conciliation, Eastern Law House (2004)
- CR Datta, Law of Arbitration and Conciliation (Including Commercial Arbitration), (2007), LexisNexis,
- David St. John, Judith Gill, Mathew Gearing, Russell on Arbitration, Sweet & Maxwell, 23rd ed. 2013.
- Halsbury’s Annotated Statutes of India Volume 1 – Arbitration, LexisNexis, (2008),
- Jay E. Grenig, International Commercial Arbitration, West Thomson Reuters, 1st ed.(2014).
- Joharis, Commentary on Arbitration and Conciliation Act, 1996 in 2 vols. Kamal Law House, (2008).
- Justice Dr. B.P. Saraf& Justice S M Jhunjhunwala, Law of Arbitration and ConciliationSnowwhite: (2009)
- Justice P S Narayana, The Arbitration and Concilliation Act, 1996 (2008):
- Justice R.S. Bachawat, Anirudh Wadhwa, Anirudh Krishnan, Law of Arbitration and Conciliation with Exhaustive Coverage ofational Commercial Arbitration & ADR, Lexis Nexis Butterworth, 5th ed. (2013).
- Kroll, Laukas A Mistelis, Viscasilas, V. Rogers, International Arbitration and International Commercil Law, Kluwer International (2011)
- O. P. Malhotra & Indu Malhotra, The Law and Practice of Arbitration and Conciliation, 3rd ed. (2014).
- P C Markanda, Law Relating to Arbitration and ConciliationLexisNexis (2009) Seventh Edition
- S.B. Malik Justice, Commentary on the Arbitration and Conciliation Act, Universal Law Pub,(2009), Fourth Edition, 1571 p,
CO PO Mapping
Courses Code | Courses | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PSO2 |
LWH613 | Commercial Arbitration: Practice and Procedure II | CO1 | 3 | 1 | 3 | 2 | 1 | 1 | – | 2 | – | 3 | 3 |
CO2 | 3 | 2 | 3 | 2 | 2 | 2 | – | 2 | – | 3 | 3 | ||
CO3 | 3 | 1 | 3 | 2 | 2 | 1 | – | – | 2 | 3 | 3 | ||
CO4 | 3 | 2 | 3 | 2 | 1 | 2 | – | – | 2 | 3 | 3 |
Course Title/ Code | International Commercial Arbitration: Principles and Practice (LWH614) | ||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Understand the basic principles and the context in which international commercial arbitration operates |
EMPLOYABILITY | |
CO2 | Appreciate the interplay between the plethora of different laws that apply to international commercial arbitration proceedings |
EMPLOYABILITY | |
CO3 | Dissect the basic components of an arbitration clause, appreciate the importance of each component, and use that understanding to effectively draft/design pathology-free arbitration clauses |
Skill development | |
Prerequisites if any |
MODULE I
Basic Principles of International Commercial Arbitration (Contact Hours – 8)
- Definition, juridical nature, historical development, and essential characteristics
- Institutional and regulatory infrastructure
- Distinction between international, foreign, and domestic arbitration
MODULE II
Applicable Laws (I) (Contact Hours – 8)
- Substantive law of the contract
- Law of the seat of arbitration
- Concept and legal significance of ‘Seat’
- ‘Seat’, ‘Venue’ and ‘Place’ of arbitration distinguished
MODULE III
Applicable Laws (II) (Contact Hours – 8)
- Law governing the arbitration agreement
- Various approaches to determination
- Differentiating the Indian and English law positions
- Other applicable rules and guidelines
MODULE IV
Arbitration Agreement (Contact Hours – 8)
- Drafting effective arbitration agreements
- Essential ingredients
- Multi-tiered dispute resolution clauses
- Pathological Clauses
Reference Material
-
- Anirudh Wadhwa, Anirudh Krishnan, Justice RS Bachawat’s Law of Arbitration and Conciliation, Lexis Nexis, (2018) (6th Edition)
- David St. John, Judith Gill, Mathew Gearing, Russell on Arbitration, Sweet & Maxwell, (2018) (24th Edition)
- Gary Born, International Commercial Arbitration, Wolters Kluwer (2014) (2nd Edition)
- Indu Malhotra, OP Malhotra on The Law and Practice of Arbitration and Conciliation (2020) (4th Edition)
- Julian Lew, Loukas Mistelis, Stefan Kroll, Comparative International Commercial Arbitration, Wolters Kluwer, (2003)
- Nigel Blackaby, Constantine Partasides, Redfern and Hunter on International Arbitration, Oxford University Press, (2015) (6th Edition)
CO PO Mapping
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH 614 | International Commercial Arbitration: Principles and Practice | CO1 | 3 | 2 | 3 | 2 | 1 | 2 | – | 2 | – | 3 | 3 |
CO2 | 3 | 1 | 3 | 2 | 2 | 1 | – | 2 | – | 3 | 3 | ||
CO3 | 3 | 2 | 3 | 2 | 2 | 2 | – | – | 2 | 3 | 3 | ||
CO4 | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 |
Course Title/ Code | Institutional Arbitration (LWH615) | ||
Course Type: | Core (Departmental) | ||
Course Nature: | Hard | ||
L-T-P-O Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Understand the relative advantages and disadvantages of ad-hoc arbitration and institutional arbitration | EMPLOYABILITY | |
CO2 | Get an insight into the broad procedure under institutional rules, especially with respect to initiating an arbitration, emergency/interim relief, appointment and challenge of arbitrators, determination of fees, powers of the arbitral tribunal, hearings, evidence, costs, scrutiny and delivery of awards | EMPLOYABILITY | |
CO3 | Interpret and discern the differences between the rules of various arbitral institutions | Skill development | |
CO4 | Appreciate the role played by the institution in the administration and efficient conduct of the arbitration module | Skill development | |
Prerequisites if any |
MODULE I
Modes of Arbitration (Contact Hours – 8)
- Overview
- Defining ad-hoc arbitration
- Defining institutional arbitration
- Challenging the traditional ad-hoc/institutional arbitration dichotomy
- Merits of institutional arbitration and reasons for its popularity
MODULE II
Introduction to Institutional Arbitration (Contact Hours – 8)
- Historical perspective
- Growth and recent developments
- Interplay with lex arbitri
- Institutional rules and conflict with party autonomy
- Processes involved in the “administration” of disputes Module
MODULE III
Arbitration Procedure: A Comparative Perspective (Contact Hours – 8)
- Initiating an arbitration
- Appointment of the arbitral tribunal
- Fees and expenses
- Ad valorem versus hourly rates
- Tribunals fee
- Institutional fee
- Emergency arbitrator and interim measures of protection
- Pleadings and Evidence
- Hearings
- Expedited procedures
- Documents-only arbitration
- Award and Costs
- Basis for awarding costs
- Scrutiny of awards
MODULE IV
Institutional Arbitration in India (Contact Hours – 8)
- Statutory recognition
- Growth and geographical spread of institutions
- Recent developments
- 246th Report of the Law Commission of India
- 2015 and 2019 amendments to the Arbitration and Conciliation Act, 1996
- High Level Committee to Review the Institutionalisation of Arbitration Mechanism in India
- New Delhi International Arbitration Centre
Reference Material
- Brooks Daly, Evgeniya Goriatcheva, Hugh Meighen, A Guide to the PCA Arbitration Rules, Oxford University Press, (2016)
- Jason Fry, Simon Greenberg, Francesca Mazza, The Secretariat’s Guide to ICC Arbitration, ICC Publication 729, (2012)
- John Choong, Mark Mangan, Nicholas Lingard, A Guide to the SIAC Arbitration Rules, Oxford University Press, (2018) (2nd Edition)
- Law Commission of India, Report No.246 on Amendments to the Arbitration and Conciliation Act, 1996 (2014)
- Martin F Gusy, James M Hosking, Franz T Schwarz, A Guide to the ICDR International Arbitration Rules, Oxford University Press, (2011)
- Oliver Armas, Samaa Haridi, Gabriella Morello, Comparison of International Arbitration Rules, Juris Publishing, (2020) (5th Edition)
- Peter Turner, Reza Mohtashami, A Guide to the LCIA Arbitration Rules, Oxford University Press, (2009)
- Report of the High Level Committee to Review the Institutionalisation of Arbitration Mechanism in India, Ministry of Law & Justice, Government of India (2017)
- Rolf A Schütze, Institutional Arbitration-A Commentary, Hart Publishing (2013)
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH615 | Institutional Arbitration | CO1 | 3 | 2 | 3 | 2 | 2 | 2 | – | 2 | – | 3 | 3 |
CO2 | 3 | 1 | 3 | 2 | 2 | 1 | – | 2 | – | 3 | 3 | ||
CO3 | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 | ||
CO4 | 3 | 2 | 3 | 2 | 2 | 2 | – | – | 2 | 3 | 3 |
Course Title/ Code | Construction Arbitration (LWH616) | ||
Course Type: | Elective (Departmental) | ||
L-T-P Structure | (2-0-0) | ||
Course Outcomes (COs) | Mapping (EMPLOYABILITY/Skill Development/Entrepreneurship) | ||
CO1 | Familiarize with the fundamental concepts of construction arbitration | EMPLOYABILITY | |
CO2 | Understand the working of Society of Construction Law | EMPLOYABILITY | |
CO3 | Identify the consequences of delay and nature of claims in construction disputes | EMPLOYABILITY | |
CO4 | Quantification of Damages | SKILL DEVELOPMENT | |
Prerequisites if any |
MODULE I
Construction Arbitration: General (Contact Hours – 8)
- All about SCL India
- Distinguishing factors
- Use of standard Forms
- 2017 FIDC Forms
- CPWD Forms
- Role of DRB’s
- Consequences of Delay & Nature of Claims
- Time: the essence of contracts
- Disruption and heads of Claims
- Liquidated damages
MODULE II
Experts and Cross examination (Contact Hours – 8)
- Importance of Experts
- Importance of Delay Analysis Reports
- Preparation of Quantum Analysis Report
MODULE III
SCL Delay and Disruption Protocol for India. (Contact Hours – 8)
- Salient Features of the Protocol
- How to best use the Protocol
- Suitability of the Protocol
- Customizing the protocol for small and medium Projects.
MODULE IV
Mediating Construction Disputes (Contact Hours – 8)
-
- Impact of Singapore Convention
- Salient features of mediation Practice
- Mixed-Mode dispute resolution
Reference Material
- Andy Hewitt, Construction Claims and Responses: Effective Writing and Presentation [6 May 2016]
- Douglas S. Stephenson, Arbitration Practice in ConstructionContracts (2001)
- James Pickavance, A Practical Guide to Construction Adjudication [Paperback –11 Dec 2015]
- Jay E. Grenig, International Commercial Arbitration, West Thomson Reuters, 1st ed.(2014).
- Kroll, Laukas, A Mistelis, Viscasilas, & V. Rogers, International Arbitration and International Commercil Law, Kluwer International (2011)
- Peter Coulson, QC., Coulson on Construction Adjudication [Hardcover –26 Mar 2015]
- Professor John Uff QC., Construction Law [Paperback – 23 May 2017]
- Will Hughes, Ronan Champion &John Murdoch, Construction Contracts: Law and Management [Paperback – 20 Apr 2015]
CO PO MAPPING
Course Code | Course | Course Outcomes | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PS01 | PS02 |
LWH616 | Construction Arbitration | CO1 | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 |
CO2 | 3 | 2 | 3 | 2 | – | 2 | – | – | 2 | 3 | 3 | ||
CO3 | 3 | 1 | 3 | 2 | – | 1 | – | – | – | 3 | 3 | ||
CO4 | 3 | 2 | 3 | 2 | 1 | 2 | – | 2 | – | 3 | 3 |
Course Title/ Code | Dissertation (LWH124) |
Course Type: | Core (Departmental) |
L-T-P Structure | (0-0-4) |
Objectives | Students will learn the execution of research methodology and research techniques to complete the dissertation in a chosen area of research. |
LLM Mapping of COs with POs and PSOs | |||||||||||||||
SEMESTER I | |||||||||||||||
Courses Code | Courses | Course Outcomes | CO Statement | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PSO2 | |
LWH601 | Research Methods and Legal Writing | CO1 | Distinguish the methods and techniques of legal research from that of social sciences research |
– | 3 | 2 | 3 | – | 3 | – | 1 | – | 2 | 2 | |
CO2 | Apply the techniques of legal research to legal communication and writings | – | 3 | 2 | 3 | – | 3 | – | 1 | – | 2 | 2 | |||
CO3 | Develop the proposal for conducting research to write good quality – PG level dissertation | – | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | 2 | 2 | |||
CO4 | Apply the research techniques to prepare class lectures/ lessons based on principles, theories, legislations and cases? |
– | 3 | 2 | 3 | – | 3 | 2 | 1 | – | – | 2 | |||
LWH602 | Comparative Systems of Governance | CO1 | Distinguish and describe public law vis-a-vis private law in global context; | 3 | 3 | 2 | 3 | – | 3 | – | 1 | 3 | – | – | |
CO2 | Differentiate common law system from that of civil law system by reference to important characteristics of each ; | 3 | 3 | 2 | 3 | – | 3 | – | 1 | 3 | – | – | |||
CO3 | Describe and apply the basic theories of constitutionalism including rule of law, separation of powers and judicial review and test it for Indian legal system; | 3 | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | – | – | |||
CO4 | Explain the principles of comparative criminal law and analyse their working in Indian criminal justice delivery system; | 3 | 3 | 2 | 3 | – | 3 | 2 | 1 | 3 | – | – | |||
LWH603 | Law and Justice in a Globalizing World | CO1 | Describe the nature and factors of globalization; current and its historical perspective | 3 | 3 | 2 | 3 | 1 | 3 | – | 1 | 3 | – | – | |
CO2 | Apply the analytical tools to analyze the impact of globalization on sovereignty of state, federalism and human rights jurisprudence |
3 | 3 | 2 | 3 | 2 | 2 | – | 1 | 3 | – | – | |||
CO3 | Interpret the concept of global justice and give opinion in any social and economic conflict situations | 3 | 3 | 2 | 3 | – | 2 | 2 | – | – | – | – | |||
CO4 | List out the role and working of international institutions towards achieving global justice | 3 | 3 | 3 | 3 | – | 1 | 2 | – | – | – | – | |||
LWH611 | Commercial Arbitration: Theory and Doctrine | CO1 | Are you able to develop the discretion to use ADR mechanisms to resolve disputes? | 3 | 3 | 2 | 3 | 2 | 3 | – | – | 3 | – | – | |
CO2 | Are you able to interpret the arbitration agreements with respect to the intent of the parties, seat of arbitration, applicable law and other relevant clauses? |
3 | 3 | 2 | 3 | 3 | – | – | 1 | 3 | – | – | |||
CO3 | Are you able to represent the parties in arbitration and appeal proceedings? | 3 | 3 | 2 | 3 | – | – | 2 | 1 | 3 | – | – | |||
CO4 | Are you able to act as an arbitrator to resolve the disputes? | 3 | 3 | – | – | – | 3 | 2 | 1 | 3 | – | – | |||
LWH612 | Commercial Arbitration: Practice and Procedure I | CO1 | Conduct the arbitration proceedings, as an arbitrator and/or as counsel in a commercial dispute. | 3 | 3 | 2 | 3 | 3 | 3 | – | 1 | 3 | – | – | |
CO2 | Interpret and understand the substantive dispute and represent hte parties in arbitration proceedings. |
3 | 3 | 2 | 3 | 3 | 3 | – | 1 | 3 | – | – | |||
CO3 | advise and counsel the client on the procedure of arbitration with respect to the dispute, evidence, testimony, oral hearings and awards in a commercial dispute. |
3 | 3 | 2 | 3 | – | – | 2 | – | 3 | – | – | |||
CO4 | offer pre-arbitration and post-arbitration counseling, aid and advise to the client. | 3 | 3 | 2 | 3 | 3 | 3 | 2 | – | 3 | – | – | |||
LWH631 | Corporate Governance and Principles of Companies Act | CO1 | Describe the basic theories of incorporation and corporate governance? | 3 | 3 | 2 | 3 | 2 | 3 | – | – | 3 | – | – | |
CO2 | Identify the legal framework through various provisions relating to corporate governance? |
3 | 3 | 2 | 3 | 3 | 3 | 2 | 1 | 3 | – | – | |||
CO3 | Counsel and advice the clients on rights of shareholders under companies Act and other laws? | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | – | – | |||
CO4 | Advise companies on the structuring of the Board and its various committees? | 3 | 3 | 2 | 3 | 3 | – | – | 1 | 3 | – | – | |||
CO5 | Identify the duties of auditors and respresent the parties in the court on matters relating to financial govenance? |
3 | 3 | 2 | 3 | 3 | – | – | – | 3 | – | – | |||
LWH641 | Principles of Criminal Law | CO1 | Explain the established principles of liability and their evolution under criminal law. | 3 | 1 | 1 | 3 | 2 | – | – | 1 | 3 | 2 | 2 | |
CO2 | Apply the substantive elements of vicarious and inchoate liability in the situation of deviant conduct. | 3 | 2 | 2 | 3 | 3 | 2 | 2 | 1 | 3 | 3 | 3 | |||
CO3 | Advice and counsel the client regarding the applicability of general defences to a particular criminal activity. | 3 | 3 | 2 | 3 | 3 | – | – | – | – | 3 | 3 | |||
CO4 | Present and publish on the contemporary criminal law issues in the context of social, political, and cultural conditions. | 3 | 3 | 3 | 3 | – | – | 3 | – | – | 3 | 3 | |||
LWH642 | Criminal Justice Administration | CO1 | Describe the role and functions of relevant authorities under criminal justice system. | 3 | 1 | – | – | 2 | 3 | 2 | 1 | 2 | 2 | 2 | |
CO2 | Counsel and advice the client on the process of investigation including arrest and bail. | 3 | 3 | 1 | 3 | 3 | 2 | – | – | 3 | – | 2 | |||
CO3 | Represent the client and advance arguments during the trial on the matters involving rights, evidence and sentencing. | 3 | 3 | – | – | 3 | 2 | – | – | 3 | – | 2 | |||
CO4 | Conduct research and publish opinions on the contemporary issues including Institutional and non-institutional Reforms in CJA | 3 | 3 | 3 | 3 | 3 | 2 | 3 | 1 | 3 | 3 | 3 | |||
Total | 48 | 60 | 39 | 57 | 17 | 47 | 20 | 15 | 45 | 6 | 8 | ||||
SEMESTER II | |||||||||||||||
Courses Code | Courses | Course Outcomes | CO Statement | PO1 | PO2 | PO3 | PO4 | PO5 | PO6 | PO7 | PO8 | PO9 | PSO1 | PSO2 | |
LWH613 | Commercial Arbitration: Practice and Procedure II | CO1 | Conduct the arbitration proceedings, as an arbitrator and/or as counsel in a commercial dispute. | 3 | 1 | 3 | 2 | 1 | 1 | – | 2 | – | 3 | 3 | |
CO2 | Interpret and understand the substantive dispute and represent the parties in arbitration proceedings. | 3 | 2 | 3 | 2 | 2 | 2 | – | 2 | – | 3 | 3 | |||
CO3 | Advise and counsel the client on the procedure of arbitration with respect to the dispute, evidence, testimony, oral hearings and awards in a commercial dispute. | 3 | 1 | 3 | 2 | 2 | 1 | – | – | 2 | 3 | 3 | |||
CO4 | Offer pre-arbitration and post-arbitration counseling, aid and advise to the client. | 3 | 2 | 3 | 2 | 1 | 2 | – | – | 2 | 3 | 3 | |||
LWH614 | International Commercial Arbitration: Principles and Practice | CO1 | Understand the basic principles and the context in which international commercial arbitration operates |
3 | 2 | 3 | 2 | 1 | 2 | – | 2 | – | 3 | 3 | |
CO2 | Appreciate the interplay between the plethora of different laws that apply to international commercial arbitration proceedings |
3 | 1 | 3 | 2 | 2 | 1 | – | 2 | – | 3 | 3 | |||
CO3 | Dissect the basic components of an arbitration clause, appreciate the importance of each component, and use that understanding to effectively draft/design pathology-free arbitration clauses |
3 | 2 | 3 | 2 | 2 | 2 | – | – | 2 | 3 | 3 | |||
CO4 | Understand and apply the principles of the New York Convention | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 | |||
LWH615 | Institutional Arbitration | CO1 | Understand the relative advantages and disadvantages of ad-hoc arbitration and institutional arbitration | 3 | 2 | 3 | 2 | 2 | 2 | – | 2 | – | 3 | 3 | |
CO2 | Get an insight into the broad procedure under institutional rules, especially with respect to initiating an arbitration, emergency/interim relief, appointment and challenge of arbitrators, determination of fees, powers of the arbitral tribunal, hearings, evidence, costs, scrutiny and delivery of awards | 3 | 1 | 3 | 2 | 2 | 1 | – | 2 | – | 3 | 3 | |||
CO3 | Interpret and discern the differences between the rules of various arbitral institutions | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 | |||
CO4 | Appreciate the role played by the institution in the administration and efficient conduct of the arbitration module | 3 | 2 | 3 | 2 | 2 | 2 | – | – | 2 | 3 | 3 | |||
LWH616 | Construction Arbitration | CO1 | Familiarize with the fundamental concepts of construction arbitration | 3 | 1 | 3 | 2 | 1 | 1 | – | – | 2 | 3 | 3 | |
CO2 | Understand the working of Society of Construction Law | 3 | 2 | 3 | 2 | – | 2 | – | – | 2 | 3 | 3 | |||
CO3 | Identify the consequences of delay and nature of claims in construction disputes | 3 | 1 | 3 | 2 | – | 1 | – | – | – | 3 | 3 | |||
CO4 | Quantification of Damages | 3 | 2 | 3 | 2 | 1 | 2 | – | 2 | – | 3 | 3 | |||
LWH632 | Corporate Finance | CO1 | suggest the client company on type, source and conditions of capital for the venture | 3 | 1 | 1 | 3 | 2 | 3 | 2 | 1 | 3 | – | – | |
CO2 | advise on the nuances of debt equity ratio | 3 | 2 | 2 | 3 | 3 | 2 | – | – | 3 | – | – | |||
CO3 | counsel on capital restructuring with respect to conditions and methods | 3 | 3 | 2 | 3 | 3 | 3 | – | – | 3 | – | – | |||
CO4 | identify and propose the ways and measures of investor protection to a company | 3 | 3 | 3 | 3 | – | – | – | – | 3 | – | – | |||
CO5 | give opinion on the legal framework applicable to raising external capital | 3 | 1 | 1 | 2 | 2 | – | – | – | – | – | – | |||
LWH633 | Insolvency and Bankruptcy Law | CO1 | Apply the provisions of relevant laws to corporate debt restructuring | 3 | 3 | 1 | 3 | 3 | 2 | – | – | 3 | – | – | |
CO2 | Counsel on bankruptcy procedure in cases of corporate insolvency | 3 | 3 | 3 | 3 | – | – | 2 | 1 | 3 | – | – | |||
CO3 | Take up cases relating to corporate insolvency in the court of law | 3 | 3 | 3 | 3 | 3 | 2 | – | – | 3 | – | – | |||
LWH634 | Corporate Mergers and Acquisitions | CO1 | Differentiate between different modes of corporate restructuring; | 3 | 3 | 2 | 3 | 3 | – | – | – | 3 | – | – | |
CO2 | Find and apply the laws governing corporate restructuring; | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | – | – | |||
CO3 | Give advise to the companies on the regulatory mechanisms regarding takeovers; | 3 | 3 | 2 | 3 | 1 | – | – | 1 | 3 | – | – | |||
CO4 | Represent the parties in the court of law on matter of mergers and acquisitions;. | 3 | 3 | 2 | 3 | 2 | 2 | – | – | – | – | – | |||
LWH635 | Competition Law | CO1 | Explain the economic principles behind competition and relevant laws; | 3 | 3 | 2 | 3 | – | – | – | 1 | 3 | – | – | |
CO2 | Apply the law to different forms of competition issues; | 3 | 3 | 3 | 3 | 3 | 1 | 2 | 1 | 3 | – | – | |||
CO3 | Counsel, advise and represent the parties on matters involving competition law violations; | 3 | 3 | 2 | 3 | 2 | – | – | – | 3 | – | – | |||
CO4 | Write and publish research articles and opinions on contemporary issues in Competition law | 3 | 3 | 2 | 3 | 3 | 3 | – | – | 3 | – | – | |||
LWH644 | Socio-Economic Offences | CO1 | Describe the evolution of socio-economic offenses and their relationship with white-collar crimes and other professional crimes etc. | 3 | 3 | 2 | 3 | 3 | 1 | – | – | 2 | 2 | 2 | |
CO2 | To identify and interpret the relevant domestic legislation and international instruments dealing with human trafficking and illicit drug trafficking. | 3 | 2 | 3 | 3 | 3 | 2 | – | 3 | 2 | 2 | 2 | |||
CO3 | Advice the clients on the appropriateness of the forums /courts in matters of corruption. | 3 | 3 | 2 | 3 | 3 | 3 | – | – | – | 3 | 3 | |||
CO4 | Able to apply the provisions of Money Laundering Act,2002 to relevant case laws in a real life given situation. | 3 | 3 | 2 | 3 | 3 | 3 | 3 | – | – | 3 | 3 | |||
LWH647 | Gender in Criminal Law | CO1 | Demonstrate understanding of theoretical insights of approaches to gender and sexuality | 2 | 3 | 2 | 3 | 2 | – | – | 2 | 3 | 2 | 2 | |
CO2 | Discuss and deliberate on the issues of gender discrimination in India | 3 | 3 | 3 | 2 | 3 | – | – | 3 | 3 | 2 | 2 | |||
CO3 | Critically examine the legal provisions of Criminal Law through a gender-sensitive lens | 2 | 2 | 2 | 2 | 3 | 3 | 2 | – | – | 2 | 2 | |||
CO4 | Analyse the contemporary trend in recognition of the rights of LGBTQ+ people | 2 | 3 | 3 | 3 | 2 | 3 | 2 | – | – | 2 | 2 | |||
LWH648 | National Security Laws and Fundamental Rights | CO1 | analyse the relationship between national security and fundamental rights | 3 | 3 | 2 | 3 | 1 | 1 | – | – | 2 | 3 | 3 | |
CO2 | Describe the evolution and abolition of various security legislation in India | 3 | 3 | 1 | 1 | 1 | – | – | – | 1 | 2 | 2 | |||
CO3 | Explain the use and abuse of security legislations and various constitutional safeguards against arbitrary state actions in the name of national security | 3 | 3 | 3 | 2 | 2 | – | 2 | 3 | – | 3 | 2 | |||
CO4 | Examine human rights concern, wrongful prosecutions, pendency, delay in national security cases | 3 | 3 | 3 | 2 | 2 | – | 2 | 3 | – | 3 | 2 | |||
LWH649 | International Criminal Law | CO1 | Understand the concept, sources and nature of international criminal law | 3 | – | 2 | 1 | 1 | 2 | – | 2 | – | 2 | 1 | |
CO2 | Explain the typology of international crimes including, Genocide aggression, crimes against humanity and war crimes. | 2 | 1 | 2 | 2 | 2 | 2 | 1 | 2 | – | 1 | 1 | |||
CO3 | Evaluate the jurisdiction and working of international criminal court and tribunals | 2 | 1 | 1 | 2 | 2 | 2 | 1 | 2 | 1 | 1 | – | |||
CO4 | Identify the actor for fixing criminal liability and responsibility of international crimes | 3 | 2 | 2 | 2 | 2 | 2 | 1 | 1 | 1 | 1 | – | |||
Total | 139 | 105 | 116 | 116 | 89 | 69 | 20 | 40 | 70 | 82 | 77 |
Career opportunities
The world that we live in today, requires expertise and skill-based degree programs. There is a wider scope after LLM as it is a specialised degree offering expert and subject-oriented coursework. Most of the law graduates complete their LLM and gain a competitive edge over other candidates, especially when they choose to specialize in a growing and trending field like the Corporate and Financial Sectors. After the completion of the degree, there are several career opportunities in the legal field in both the private and public sectors. Both these sectors hire LLM degree holders with an in-depth knowledge of the subject. An LLM graduate also the option to venture into freelance legal practice instead of working in the corporate world.
-
Academic Career after LLM
-
Sectors hiring LLM students are: There are several sectors that hire LLM graduates and there are lots of gateways for LLM employment are opened under law.
- Consulting bodies
- Company
- Courthouses
- Finance
- FMCG
- UN and UNICEF International Organizations
- Companies in law
- Publishing and advertising firms
- NGO
- Real estates
-
Professions after completing LLM: Creating a profession after LLM leads to diverse positions in society that are highly valued and enjoyed. These occupations guarantee not only monetary stability, but also ensure that an employee is happy with his or her jobs.
- A judge: This is a widely esteemed position in every country’s legal or judiciary systems. One must be well educated with subject-matter and expertise to be a judge.
- Legal advisor: Contract summarisation, contract administration, legal study, writing, court cases and analysis relevant projects are assisted by court partner or law associate. If you have experience in the subject, you can excel as a consultant with highly lucrative opportunities.
- Law Examiner: An assessor or a counterpart may discuss and evaluate different forms of legal documentation. Review of a legal record This involves legal documentation such as comments and supporting papers.
- Advocate: A lawyer is a valuable specialist in India or abroad in the area of law. To carry out his or her activities, he or she must know the laws of the country properly and fully.
- Notaries: A notaries are also known as “notaries.” The notary is a trained and professional jurist, appointed by the Court and approved by the State or central government. He or she is in charge of all the procedural matters affecting governance.
- Oath Commissioner: The oath officer is sometimes referred to as the “oath commissioner.” The work is a newly trained lawyer named in compliance with the rules of law by the High Court Registrar.
- Trustee: The trustee has a moral responsibility to maintain land for a particular reason.
-
Some other options are:
- Civil Advocate : A lawyer facilitates the settlement of individuals, claims, mortgages, guardianships, divorce, and negligence cases.
- Tax Advocates : They deal with all forms of government taxation, including income tax, excise duty, sales taxes, and concessions.
- Corporate Lawyers : Their job is to look after the legal work of corporations, to establish and retain firms, to enter into numerous government contracts, contracting and acquisition arrangements and to make certain other rights and decrees.
- International Lawyers: They negotiate with international relations and customs between nations and offer guidance on projects and negotiations for governments and private companies.